The interpreter, or, Book containing the signification of words wherein is set forth the true meaning of all ... words and terms as are mentioned in the law-writers or statutes ... requiring any exposition or interpretation : a work not only profitable but necessary for such as desire thoroughly to be instructed in the knowledge of our laws, statutes, or other antiquities / collected by John Cowell ...

The Signification of Words.

AB

ABATE (Intrudere) seem∣eth to be taken from the French Abatre i. decute∣re, destruere, prosternere. It is in the Writers of the Common law used both actively and pas∣sively, or rather neuterly: as to abate a Castle or a Fortlet, Old nat. br. fol. 45. which in Westm. 1 cap. 17. is plainly inter∣preted to be as much as to beat down. And to abate a writ, is by some exception to de∣feat or overthrow it, Britton, cap. 48. And in this Active voice it hath two significati∣ons: one general, another special: general, as in the former examples: and again in Kitchin, fol. 173. Abater meason, is to ruine or cast down a House: especially, as in the Old nat. br. fol. 115. A Stranger abateth, that is, entereth upon a House or Land void by the death of him that last possessed it, be∣fore the Heir take his possession, and so kee∣peth him ou••. Wherefore as he that put∣teth out him in possession, is said to dis∣seise: so he that steppeth in between the former possessor and his heir, is said to a∣bate. In the neuter signification it is used, an. 34 Ed. 1. stat. 2. of joint tenents; viz. the writ of the demandant shall abate, that is, shall be disabled, frustrated or over∣thrown. So in Stawnfords pleas of the Crown, fol. 148. In this case a man may say, that the Appeal abateth by covin, that is, that the accusation is defeated by deceit. See Intrusion.

Abatement (Intrusio) commeth also of the French (abatement. i. dejectio, decussio, prostratio) and likewise used as the verb (abate) both actively and passively: some∣time signifying the act of the abator; as the abatement of the heir into the Land before he hath agreed with the Lord, Old nat. br. fol. 91. Sometime the affection or passing of the thing abated, as abatement of the writ, Kitchin, fol. 214. And in this signification it is as much as exceptio dilatoria with the Ci∣vilians, Brit. cap. 51. or rather in effect of it. For the exception alledged and made good, worketh the abatement. And this exception may be taken either to the insuf∣ficiency of the matter, or to the incertainty of the allegation by the misnaming of the Plaintiff, Defendant, or place to the vari∣ance between the Writ and the Speciality, or Record, to the incertainty of the Writ, Count, or Declaration, or to the death of the Plaintiff or Defendant: New Terms of the Law, verbo, Abatement of Writ. And he that will read more of this, may look upon the new Book of Entries, verbo, 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 up by his Heir. Old nat. br. fol. 115. Perkins, fol. 76. If there be a Disseisor, Abator, or Intrudor upon any Land by the deceipt of the woman, &c.

Abbat (Abbas) in French Abbé, is by skilfull Linguists said to come from the Sy∣riacke word (Abba) i. pater, and in our Common Law is used for him that in the Covent or fellowship of Canons hath the rule and preheminence. He is by Justinian novel Constitut. 115. § 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. termed Archimandrita, of others Coenobiarcha, vel Archimonachus, Hoto. in verbis Feuda. Of these some here in England were Mitred, some not: Stowes annals, pa. 442. And those that were Mitred, were exempted from the jurisdiction of the Diocesan, having in

themselves Episcopal authority within their precincts, and being also Lords of the Parliament. Of this kind thus saith Cora∣sius; Aliqui Abbates h••bent jurisdictionem E∣piscopalem ad quos cum Ecclesia pleno jure per∣tineat, in corum Monasteriis Episcopus nihil exercet, cap. Ea quae. Ubi Panor, extra de statu Monacho. Haec dictus Author in Para∣phrasi de Sacerdotio, materia parte pri. cap. 9. And these were called Abbots soveraign, anno 9 R. 2. cap. 4. and Abbots generals, as M. Ferne noteth in his glory of generosi∣ty, pa. 126. The other sort were subject to the Diocesan in all spiritual govern∣ment, cap. Monasteria 18. quaest. 2. ca. Ab∣bas. & ca. visitandi, cum quatuor sequentibus ibidem, Omnes 16. quaest. 7. & ca. Cum ve∣nerabilis, extra de religiosis domibus. And as Abbots, so were there Lord Priors also, who both had exempt jurisdiction, and were Lords of the Parliament, as appeareth by S. Edwara Cook de jure Ecclesiastico. fol. 28. a.

Abeyance, seemeth to be derived from (Abayer. i. allatrare) to bark at as Dogs do against a Stranger, or Spaniels at a Fea∣sant put to the Peark. So children are said (bayer à la mamme) when seeing the dugge, they struggle and make means towards it. And they likewise (bayer aut Pargent) qui spe atque animo incumbunt pecuniae. This word in Littleton, cap. Discontinuance, is thus used. The right of Fee-simple lyeth in abey∣ance: that is (as himself interpreteth) all only in the remembrance, intendment, and consideration of the Law. Also in the same place, the Frank tenement of the Glebe of the Parsonage, is in no man during the time that the Parsonage is void, but is in abeyance. And again: It is a principle in Law, that of every land there is Fee-simple in some man, or the Fee-simple is in Abeyance. Considering these places, and comparing them with the signification of the French word, I am driven to think, that our antient Lawyers would signifie hereby a kind of hope, or longing expect∣ance: because that those things that be in abeyance, though for the present they be in no man, yet they are in hope and ex∣pectation belonging to him that is next to enjoy them. For I find also in the French, that unbayard, is avidus spectator, a greedy be∣holder. I cannot in mine own opinion bet∣ter compare this, than to that which the Ci∣vilians call Haereditatem jacentem. For as Bracton saith (lib. 1. cap. 12. nu. 10.) Hae∣reditas jacens nullius est bonis ante aditionem. Sed fallit in hoc quia sustinet vicem personae de∣functi, vel quia speratur futur a haeredisas e∣jus qui adibit. So that (as the Civilians say) goods and lands do jacere, whilst they want a Possessor, and yet not simply, be∣cause they had lately one, and may shortly have another: So the Common Law∣yers do say, that things in like estate are in abeyance. Read farther of this in the new terms of Law, and in Plowdens reports, casu Walsingham, fol. 554. a.

Abet (Abetare) may without absurdity be said to proceed from the French (bou∣ter. i. ponere, apponere, impellere propellere.) It signifieth in our common Law as much as to encourage or set on. The substantive (abetment, abettum) is used for an incou∣raging or setting on, Stawnf. pl. cor. fol. 105. And also (abettour) for him that encoura∣geth or setteth on, Old nat. br. fol. 21. But both verb and noun is alwaies used in the evill part.

Abishersing (according to Rastall in his Abridgement, titulo Exposition of law words) is to be quit of amerciaments before whomsoever, of transgression. The Author of the new tearms calleth it otherwise (Mishersing) and saith it is to be quit of amerciaments, before whomsoever, of trans∣gression prooved. I am of opinion that the word original signifieth a forfeiture, or an amerciament, and that it is much transfor∣med in the writing, by misprision and igno∣rance of Clarks: thinking it very probable that it proceedeth from the German verb Beschetzen, which is as much as fisco addicere vel confiscere. It seemeth by the former Authors to be tearmed a freedome or liber∣ty; because he that hath his word in any Charter or Grant, hath not only the forfei∣tures and amerciaments of all others, with∣in his fee or transgressions, but also is him∣self free from all such controll of any with∣in that compass.

Abjuration (abjuratio) signifieth in our common law a sworn banishment; or an oath taken to forsake the Realm for ever. For as Stawnf. pl. Cor. lib. 2. ca. 40. saith out of Polydore Virgils 11 book of Chronicles, the devotion toward the Church, first in Saint Edward a Saxon King, and so conse∣quently in all the rest, untill anno 22 Hen. 8. was so earnest, that if a man having com∣mitted felony, could recover a Church, or

Church-yard, before he were apprehended, he might not be thence drawn to the usual tryal of Law, but confessing his fault to the Justices at their comming, or to their Co∣roner, before them or him give his oath fi∣nally to forsake the Realm. Of this you may read a touch, an. 7 Hen. 7. cap. 7. But the form and effect of this you may have in the old Abridgement of Statutes, titulo Abjura∣tion, nu. 3. taken out of the antient Tractate, intituled De officiis Coronatorum, as also in Cromptons Tractate of the Office of the Coro∣ner, fo. 260. b. and in the new Book of Entries, verbo Abjuration: and in Andrew Horus Mirrour of Justices, lib. 1. cap. del Office del Coroner. This part of our Law was in some sort practised by the Saxons, as appeareth by the Laws of King Edward, set out by Ma∣ster Lambert, num. 10. but more directlie by the Normans, as is evident by the grand Custumary, ca. 24. where you have these words in effect, He that flieth to a Church or holy place, may stay there for eight daies, and at the ninth day he must be demanded, whether he will yeeld him∣self to secular justice, or hold him to the Church: for if he will he may yeeld himself to the lay Court. If he cleave to the Church, he shall foreswear the Countrie before the Knights and other people of credit, which may witness the act, if need require. The form of the Oath is likewise there set down, with the rest of the proceeding in this matter, very agreeable with ours. This mercy as well of the Saxons as Normans de∣rived unto us, something resembleth that of the Roman Emperors towards such as fled to the Church, lib. 1. Co. titulo 12. or to the images of themselves, eodem, titulo 25. And also that of Moses touching the Cities of refuge, Exod. cap. 21. vers. 13. Num. ca. 15. vers. 6, 11, 12. Deut. 19. vers. 2. Josh. 20. vers. 2. But as it was in our Ancestors daies larger by great oddes, in this Realm, so had it less reason, as may appear to all that will compare them. Of all cir∣cumstances belonging to this abjuration, you may futher read the new Tearms of law, Stawnford ubi supra, and such o∣thers. But this grew at the last upon good reason, to be but a perpetual confining of the offender to some Sanctuary; wherein, upon abjurarion of his liberty and free habi∣tations, he would choose to spend his life, as appeareth, an. 22 Hen. 8. cap. 14. And this benefit also by other Statutes is at the last wholly taken away. So that abjurati on at this day hath place but in few places: And if it be inflicted upon any, it is not a confining to a Sanctuary (for there be no Sanctuaries remaining amongst us) but a sworn banishment of the Kings Dominions. This the Civilians call exilium, or deportati∣nem, li. 28. Digest. tit. 22. de interdictis, rele∣gatis, & deportatis.

Abridge (abbreviare) commeth of the French abreger, and in one generall lan∣guage signifieth as much as to make shorter in words, holding still the whole substance. But in the Common law it seemeth (at the least for the most part) to be more particu∣larly used for making a declaration or count shorter, by subtracting or severing some of the substance therein comprised. As for example, a man is said to abridge his plaint in an Assise, or a woman her demaund in an action of Dower, that hath put into the plee or demand, any land not in the tenure of the tenant or defendant: and finding that by his answer, raseth those parcels out of the plee, praying answer to the rest. So that here A∣bridger is not contrahere, but rather subtra∣here. Tearms of the Law: Brook, titulo A∣bridgement: and an. 21 Hen. 8. ca. 3. Of this the Civilians have no use, by reason of certain cautelous clauses they ordinarily have at the end of every position or article of their libel or declaration, to this effect: & ponit conjunctim, divisim, et de quolibet, et de tali et tanta quantitate vel summa qualis & quanta per confessionem partis adversae, vel per probationes legitimas in fine litis apparebit. And again in the conclusion of all: Non astrin∣gens se ad singula probanda, sed petens, ut qua∣tenus probaverit in praemissis, aut eorum aliquo, eatenus obtineat; by vertue of which clauses the Plaintiff faileth not in the end by any over or under demand, neither is driven to begin his Action again, but obtaineth for so much as he proveth to be due, though not to the height of his demand.

Abridgement (abbreviamentum) see A∣bridge.

AC

ACcedas ad curiam, is a Writ that lyeth for him, who hath received false judge∣ment in a Court Baron, being directed to the Sheriff, as appeareth by Dyer f. 169. nu. 20. Like as the writ De falso judicio, lyeth for him that hath received false judge∣ment

in the County Court: the form whereof you may see in Fitz. nat. br. fol. 18. d. in the Register, fol. 9. b. where it is said, that this writ lyeth for Justice delayed, as well as falsly given. It is a species of the writ called (Recordare) Register original, fol. 5. b. and Fitz. ubi supra.

Accedas ad Vicecomitem, is a writ direct∣ed to the Coroner, commanding him to deli∣ver a writ to the Sheriff, that having a (pone) delivered unto him, doth suppress it. Re∣gist. orig. fol. 83.

Accessory (Accessorius vel Accessorium) is used in our Common law, otherwise than a∣mong the Civilians. For whereas with them it is generally taken for any thing de∣pending upon another; here though it be so likewise, yet most commonly and notori∣ously it signifieth a man that is guilty of a felonious offence, not principally, but by participation: as by commandment, advice, or concealment. And a man may be acces∣sory to the offence of another, after two sorts: by the Common law, or by Statute: and by the Common law two waies also: that is, before, or after the fact. Before the fact, as when one commandeth or adviseth another to commit a selony, and is not pre∣sent at the execution thereof. For his pre∣sence maketh him also a principal: wherfore there cannot be an accessory before the fact in man-slaughter, because man-slaughter is sodain and not prepensed, Cook lib. 4. fol. 44. a. Accessory after the fact, is when one re∣ceiveth him, whom he knoweth to have committed selony. Accessory by Statute is he that abetteth, counselleth, or hideth a∣ny man committing or having committed an offence made felonie by Statute. For though the Statute make no mention of abettours &c. yet they are by interpretation included. Of all these consult with Stawnf. pl. cor. lib. 1. cap. 45, 46, 47, 48. There is also an accessory of an accessory, as he that wit∣tinglie receiveth an accessory to felony, lib. Assis. 26. pl. 51. coron. Fitz. 197. Stawnf. pl. cor. lib. 1. cap. 48. And the Law of England is, that so long as the principal is not attainted, the accessorie may not be dealt with, Stawnf. ubi supra. The reason whereof you may see, Cook li. 4. fo. 43. b. And this is also true by the Civil Law. Claudius de Battandi∣er in pract. crim. regula 101. at the least untill the principal be certainly known. Of this subject read M. Cromprons Justice fol. 37. b. 38, 39.

Acceptance, is a receiving of a rent, whereby the Receiver bindeth himself for ever to allow a former fact done by another, whether it be in it self good or not. New tearms of Law.

Accompt (computus) is in the Common law taken for a writ or action brought a∣gainst a man, that by means of Office or bu∣siness undertaken, is to render an account unto another: as a Bailiff toward his Ma∣ster, a Guardian in soccage toward his Ward, and such others, as you shall find particularly named by Fitz. in his nat. br. fol. 116. where you may also have the form and further use of this writ. See ex par∣te talis.

Accroche. See Encrochment. This word Accroche is used, an. 25 Edward 3. Stat. 3. cap. 8.

Achat, commeth of the French (achet, i. emptio, nundinatio) and is used for a contract or bargain. Brook tit. Contract.

Acquittal, signifieth in our Common law most ordinarilie a deliverance and setting free from the suspicion or guiltiness of an offence and is two fold: acquital in law, or acquital in fact. Acquital in law is, when two be appealed or endicted of felony, one is principal, the other accessory, the prin∣cipal being discharged, the accessory by con∣sequent is also freed. And in this case as the the accessorie is acquitted by law, so is principal in fact, Stawnf. pl. cor. fol. 168.

Acquittance (acquietantia) commeth from the French (quicter, or quitter, i. accep∣to ferre, or quictance, i. acceptitatio, apocha) and signifieth a release or discharge from a debt formerly due. But the verb (acquit) the participle (acquitted) and the noun (ac∣quittal) signifie also a discharge or clearing from an offence objected, as, acquitted by proclamation, Smith de Rep. Anglo. pa. 76. Stawnf. pl. cor. fol. 168. Brook tit. Acquittall. See the new tearms of Law, verbo, Acquittal and Acquittance.

Acquietandis plegiis, is a writ lying for a suretie against the creditour that refuseth to acquit him, after the debt is paid by the Debtour, Regist. orig. fol. 158. where it ap∣peareth that this is a Justicies.

Acre (acre) is a certain quantity of land containing in length 40 perches, and four in breadth, or to that quantitie, be the length more or less. And if a man erect any new Cottage, he must lay 4 acres of land to it af∣ter this measure, anno 31 Eliz. ca. 7. and

with this measure agreeth Master Crompton in his Jurisdiction of Courts, fol. 222. though he say also, that according to the divers customes of divers Countries the the Perch differeth, being in some places and most ordinarily, but 16 foot dimid. But in the County of Strafford 24 foot, as was adjudged in the case between Sir Edward Aston, and Sir John B. in the Exchequer. In the Statute made of sowing of Flax, anno 24 H. 8. cap. 4. eight score Perches make an acre, which is 40 multiplyed by 4. See al∣so the ordinance of measuring of Land, made an. 34 Ed. 1. statut. 1. which agreeth with this acompt. The word (Acre) seemeth to come from the German word (acker) which is all one with the Latine (ager.)

Action (actio) is defined by Bracton lib. 3. cap. 1. as it is by Justinian lib. 4. Instit. ti∣tulo de actionibus, viz. Actio nihil aliud est quàm jus persequendi in judicio quod alicui de∣betur. Action is principally divided by Ju∣stinian, in personalem & realem: by Bracton into personal, real, and mixt: action per∣sonal is that, which belongeth to a man a∣gainst another by reason of any contract, of∣fence, or cause of like force to a contract or offence made or done by him or some o∣ther, for whose fact he is by law to an∣swer. Bract. lib. 3. cap. 3. nu. 2. Action re∣al is defined to be that which is given to a∣ny man against another, that upon any cause possesseth or occupieth the thing requited or sued for in his own name, and no other mans: and in this only respect, that he pos∣sesseth or occupieth the thing, and none o∣ther. Bract. ibid. nu. 3. and his reason is this: quia habet rem vel possidet, quam resti∣tuere potest vel dominum nominare. This de∣finition and reason he farther exemplifieth in the words there following, which he that will may read at large. Action mixt is that which lyeth as well against or for the thing which we seek, as against the person that hath it: and is called mixt, because it hath a mixt respect both to the thing and the person. Bract. lib. 3. cap. 3. nu. 5. For ex∣ample, the division of an Inheritance be∣tween co-heirs or co-partners, called in the Civil law (actio familiae exciscundae:) secondly, the division of any particular thing being common to more, called like∣wise (actio de communi dividundo:) and this kind of action (saith Bracton) doth seem to be mixt, because it lyeth as well a∣gainst the thing as the person: and indeed so do other excellent Civilians, as Cuiacius and Wesenbecius in their Paratitles. π. finium regund. And though Justinian in his first division omitteth the third member: yet af∣terward in the same title, § 20. he saith as these men do, viz. that there be certain a∣ctions (naming these and other of like na∣ture) that seem to have a mixture, &c. Of this you may also read Britton at large in his Chapter 71. And this division of action springeth from the object or matter where∣about it consisteth, Wesenb. parat. π. de a∣ctio. & obliga. The Author of the new Tearms of Law defineth a mixt action to be a sute given by the Law to recover the thing demanded, and also the damages for wrong done: as in Assise of novel disseisin: the which writ, if the disseisour make a feoff∣ment to another, the disseiseur shall have a remedie against the disseisour and the feof∣fer, or other land tenant, to recover not on∣ly the land, but the dammages also. See the test. These words occasion me to shew, that actio is by the Civil law called mixta in two respects: Nam quadam mistae sunt, quòd in se, & actionis in rem, & actionis perso∣nalis naturam habeant, & in üs, & actor & reus uterque sit, l. actionis verbo. §. fina w. de obliga. & actio. Tales sunt actio familiae excisc. communi dividun. & finium regun. quaedam ve∣rò mistae sunt quòd rem simul & poenam perse∣quantur; ut in actione vi bonorum rapt. legis Aquiliae, & ea quae datur contra eos qui legata vel fidei commissa sacrosanctis Ecclesiis relicta solvere distulerunt. And of this latter sort is the example that the said Author bringeth of a mixt action.

Action, is also by the Civilians divided, of the efficient cause, in civilem & praetori∣am. Whereof one riseth out of the com∣mon civil law, the other from some Edict of the Pretour. Who being Chief Justicer, had authority for his year, to supply the de∣fects of the general law by his especial e∣dicts. And a division not unlike this may be made in the Common law of England, one growing from the antient customary law, the other from some Statute. Brook tit. Action sur le statut.

Action of the final cause, is divided into civill, poenal, & mixt. Cook vol. 6. fol. 61. a. Action civil is that, which tendeth only to the reeovery of that which by rea∣son of any contract or other like cause, is due unto us: as if a man by action seek to recover a sum of mony formerly lent,

&c. Action penal is, that aimeth at some penalty or punishment in the party sued, be it corporal or pecuniary. As in the Action legis Aquiliae in the Civil law: wher∣by in our Common law the next Friends of a man feloniously slain or wounded, shall pur∣sue the law against the murtherer, or him that wounded him, to condign punishment. Bract. li. 3. ca. 4. Action mixt is that, which seeketh both the thing whereof we are deprived, and a penalty also for the un∣just deteining of the same: as in an Action of Tithe upon the Statute, anno 2 & 3 Ed. 6. cap. 13.

Action is also, according to the form of Petition, divided into such as are conceived to recover either the simple value of the thing chalenged, or the double, the triple, or quadruple. Bract. li. 3. ca. 3. nu. 6. So doth Decies tantum lye against Embracers. Fitz. not. br. fol. 171. and against Jurours that take mony for their verdict of one part, or the other, or both. And to be short, any other action upon a Statute that punish∣eth any offence by restitution, or fine pro∣portionable to the transgression.

Action is prejudicial (otherwise called preparatorie) or else principal: prejudicial is that which groweth from some question or doubt in the principal: as if a man sue his younger Brother for Land descended from his Father, and it be objected unto him he is a Bastard. Bract. lib. 3, ca. 4. nu. 6. For this point of bastardy must be tryed before the cause can further proceed, and therefore is termed praejudicialis, quia prius judicanda.

Action is either awncestrel, or personal. Stawnf. pl. cor. 59. Auncestrel seemeth to be that, which we have by some right descen∣ding from our Ancestor upon us: and that personall, which hath the beginning in and from our selves.

Action upon the Case (actio super casu) is a general Action given for redress of wrongs done without force against any man, and by Law not especially provided for. For where you have any occasion of sute, that neither hath a fit name, nor certain form al∣ready prescribed: there the Clerks of the Chancery in antient time conceived a fit form of Action for the fact in question: which the Civilians call actionem in factum, and our common Lawyers, action upon the case. In factum actiones dicuntur ideo, quia quod nomine non possunt exprimere negotium, id rei gesta enarratione declarant citra formulam ac solennitatem ullam: Cuiacius & Gothofredus ad Rubricam de praescriptis verbis. And whereas in the Civill Law there are two sorts (actionis in factum) one termed actio in factum ex praescriptis verbis, the other actio in factum praetoria. Wesenb. parat. de praescrip. verb. the former growing upon words pas∣sed in contract, the other more generally upon any, fact touching either contract or offence formerly not provided against; this Action upon the Case seemeth in use to be more like to the Pretours Action in factum, than to the other: because in the perusal of the new book of Entries, and Brooks his Abridge∣ment hereupon, I perceive that an Acti∣on upon the Case lyeth as well against offen∣ces, as breach of contract. Of this see more in the word Trespass.

Action upon the Statute (actio super Sta∣tuto) is an Action brought against a man up∣on breach of a Statute: to be resembled in mine opinion to any Action given in the law Imperial, either upon edictum praetoris, ple biscitum or senatusconsultum. For as the Pre∣tour, so the common People in comitiis tribu∣tis, and the Senators or Nobility in curia vel senatu, had power to make laws, whereupon the Pretour or other Judges permitted Acti∣on. And even so our high Court of Parlia∣ment maketh Statutes against such offences, as are either newly grown, or more and more increased: and our Judges entertain their Plees, that commence their actions a∣gainst the breakers of them.

Action is perpetual or temporal (perpetua vel temporalis) and that is called perpetual, the force whereof is by no time determined. Of which sort were all civil Actions a∣mong the antient Romans, viz. such as grew from Laws, decrees of the Senate, or constitutions of the Emperors: whereas a∣ctions granted by the Pretor, died within the year, de perpet. & tempor. actio. in Instit. So we have in England perpetual and tem∣porary actions: and I think all may be cal∣led perpetual, that are not expresly limi∣ted. As divers Statutes give actions, so they be pursued within the time by them prescribed, namely, the Statute anno 1 Ed. 6. cap. 1. giveth action for three years after the offences therein shall be committed, and no longer: and the Statute anno 7 H. 8. cap. 3. doth the like for four years; and that anno 31 Eliz. cap. 5. for one year and no more. But as by the Civil Law no actions were at the last so perpetual, but that by time

they might be prescribed against: as actiones in rem decem aut viginti terminantur annis, per∣sonales veró triginta. sect. 1. de perpet. & temp. actioin Institutio. & l. 3. Co. de praescript. 30. an∣norum: so in our Common law, though acti∣ons may be called perpetual in comparison of those that be expresly limited by Statute; yet is there a means to prescribe against real actions within five years, by a fine levi∣ed, or a recovery acknowledged, as you may see farther in the word Fine, and Re∣covery. And for this also look Limitation of Assise.

Action is farther divided, in actionem bonae fidei & stricti juris. Which division hath good use in our common Law like∣wise, though the terms I find not in any of their Writers. But of this, and such like divisions, because they have as yet no appa∣rent acceptance amongst our Lawyers, but only a hidden use, I refer the Reader to the Civilians, and namely to Wesenb. in his Para∣titles. ••. Deobligatio. & actio.

AD

Addition (additio) is both the English and French word made of the Latine, and signifieth in our common Law a title, given to a man over and above his Christian and Surname, shewing his Estate, Degree, Oc∣cupation, Trade, Age, Place of Dwelling, &c. For the use whereof in original writs of Actions personal, appeals, and indict∣ments. It is provided by Statute an. 1 H. 5. cap. 5. upon the penalty therein expressed. Terms of the Law. Brook farther addeth, that it is likewise requisite in Towns, and Gates of the Towns; Parishes in great Towns and Cities, where there may be any doubt, by reason of more Towns, Gates, or Parishes of the same name, titulo Additi∣on. See also M. Cromptons Justice of peace fol. 95, 96.

Adeling was a word of Honor among the Angles, properly appertaining to the Kings Children, whereupon King Edward being himself without issue, and intending to make Eadgare (to whom he was great Uncle by the Mothers side) his Heir to this Kingdom, called him Adeling. Roger Hoveden, parte poster. suorum Annal. fol. 347. a.

Adjournment (adjournamentum) is al∣most all one with the French (adjouare∣ment. i. denunciatio vel diei dictio.) and signi∣fieth in our Common-law an assignment of a day, or a putting off untill another day, Adjournment in eyre, (anno 25 Ed. 3. Statute of Pourveyers, cap. 18.) is an appointment of a day, when the Justices in eyre mean to sit again. Adjourn. anno 2 Edw. 3. cap. 11. hath the like signification. And this whole Title in Brook his Abridgement proveth the same. The bastard Latine word (adjourna∣mentum) is used also among the Burgundians, as M. Skene noteth in his Book De verbo signi. verbo, Ad urnatus, out of Cassaneus de consuet. Burg.

Ad inquirendum, is a Writ judicial, com∣manding inquiry to be made of any thing touching a Cause depending in the Kings Court, for the better execution of Justice, as of Bastardy, of Bond-men, and such like: whereof see great diversity in the Table of the Register judicial, verbo, ad in∣quirendum.

Admeasurement (admensuratio) is a Writ, which lyeth for the bringing of those to a mediocrity, that usurp more than their part. And it lyeth in two cases: one is termed Admeasurement of Dower (admen∣suratio dotis) where the widow of the de∣ceased, holdeth from the Heir or his Guar∣dian more in the name of her Dower than of right belonging unto her. Register orig. fol. 171. a. Fitzh. nat. br. fol. 148. The o∣ther is Admeasurement of Pasture (admen∣suratio pasturae) which lyeth between those, that have common of Pasture appendant to their free-hold, or common by vicenage, in case any one of them, or more, do surcharge the Common with more Cattel than they ought, Register orig. fol. 156. b. Fitzh. nat. br. fol. 125.

Administer (administrator) in our Com∣mon-law is properly taken for him, that hath the Goods of a Man dying intestate, committed to his charge by the Ordinary, and is accountable for the same, whensoe∣ver it shall please the Ordinary to call him thereunto. I find not this word so used in all the Civil or Canon-law; but more gene∣rally for those, that have the Government of any thing, as the Degrees. Can. 23. quaest. 5. cap. 26. Administratores plane saecularium dignitatum, &c. and extrava. com. ca. 11. Grangias autem, & alia loca Cisterciensium ordinis, & aliorum Regalium, in quibus Gu∣bernatores, seu custodes, vel administratores ponuntur, &c. Howsoever the signification of this word grew to be restrained amongst us, it greatly booteth not. But there was a Statute made anno, 31 Ed. 3. cap. 11. whereby Power was given to the Ordinary to appoint these Administrators, and to

authorize them as fully as Executors, to ga∣ther up, and to dispose the Goods of the de∣ceased: alway provided, that they should be accountable for the same, as Executors. And before that, viz. Westm. 2. anno 13 Ed. 1. cap. 19. it was ordained, that the Goods of those that died intestate, should be committed to the Ordinary his dispositi∣on, and that the Ordinary should be bound to answer his debts, so far forth as the Goods would extend, as Executors. And I per∣swade my self that the committing of this burden unto Bishops, and those that de∣rive Ecclesiastical Authority from them, grew first from the constitution of Leo the Emperor. Co. de Episco. et cleri. l. nulli li licere. 28. Where it is said, that if a man dying, bequeath any thing to the redeem∣ing of Captives, &c. and appoint one to execute his Will in that point, the Party so appointed shall see it performed: and if he appoint none to do it, then the Bishop of the City shall have power to demand the legacie, and without all delay perform the Will of the deceased.

Admirall (Admiralius) commeth of the French (amerel) and signifieth, both in France and with us, an high Officer or Ma∣gistrate that hath the Government of the Kings Navy, and the hearing & determining of all Causes, as well Civil as Criminal be∣longing to the Sea. Cromptons divers jurisd. fo. 88. and the Statutes anno 13 R. 2. ca. 5. & anno 15. ejusdem, ca. 3. & anno 2 H. 4. ca. 11. & anno 2 H. 4. ca. 6. & anno 28. H. 8. ca. 15. with such like. This Officer is in all Kingdoms of Europe that border upon the Sea: and this Authority in the King∣dom of Naples is called, magna Curia Ad∣miratiae quae habet jurisdictionem in eos qui vivunt ex arte maris. Vincent. de Franch. deseis. 142. nu. 1. This Magistrate among the Romans was called praefectus classis, as appeareth by Tully in Verrem. 7. but his Authority was not continual, as the Admi∣rals in these day, but only in time of War. Neither do I find any such Officer belong∣ing to the Emperors in our Code. And M. Gwin in the Preface to his reading, is of opi∣nion, that this Office in England was not created untill the daies of Edward the third. His reason is probable. Britton that wrote in Edw. the firsts time, and in the beginning of his Book taking upon him to name all the Courts of Justice, maketh no mention of this Court or Magistrate. And again Ri∣chard the second finding the Admiral to ex∣tend his Jurisdictions over far, ordained by Statute made the 10 year of his Reign, that the limits of the Admirals jurisdiction should be restrained to the power he had in his Grandfather Edward the thirds daies, whereby the said Master Gwin conjectu∣reth, that he did nought else but reduce him to his original. But contrarily to this it appeareth by antient Records, the Co∣pies wherof I have seen, that not only in the daies of Edward the first, but also of King John, all causes of Merchants and Mariners, and things happening within the Flood∣mark, were ever tryed before the Lord Ad∣miral.

Ad jura Regis, is a Writ for the Kings Clark against him that seeketh to eject him to the prejudice of the Kings Title in the right of his Crown. Of this you may see divers forms upon divers Cases. Register orig. fo. 61. a.

Admittendo clerico, is a Writ granted to him that hath recovered his right of presen∣tation against the Bishop in the Common-bank: the form whereof read in Fitzh. nat. br. fol. 38. and the Register orig. fol. 33. a.

Admittendo in socium, is a Writ for the association of certain Persons to Justices of Assises formerly 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 grant a Fair or Market, or a Mortmain for any Lands intended to be given in Fee-simple to any House of Religion, or other body po∣litick. For in that Case, the Land so given is said to fall into a dead hand, that is, Such an estate and condition, that the chief Lords do leese all hope of Heriots, service of Court, and escheats upon any traiterous or feloni∣ous Offence committed by the Tenant. For a body politick dieth not, neither can per∣form personal service, or commit Treason, or Felony, as a single Person may. And therefore it is reasonable, that before any such Grant be made, it should be known, what prejudice it is like to work to the Granter. Of this read more in Fitzh. nat. brev. folio 221. and look Mort∣main.

Ad terminum qui praeteriit, is a Writ of Entry, that lyeth in case where a man ha∣ving leased Lands or Tenements for term

of life or years, and after the term expired, is held from them by the Tenent, or other Stranger that occupieth the same, and de∣forceth the Leasour. Which Writ belong∣eth to the Leasour and his Heir also. Fitzh. nat. br. fol. 201.

Advent (adventus) is a certain space of time comprising a Month or thereabouts, next before the Feast of Christs Nativity. Wherein it seemeth that our Ancestors re∣posed a kind of Reverence for the neerness of that solemn Feast: so that all contenti∣ons in Law 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 usual solemnity and time of rest, it might be lawfull in respect Justice and Charity, which ought at all times to be regarded, to take Assises of no∣vel disseisin, mort d'auncester, and darrein presentment, in the time of Advent, Septua∣gesima, and Lent. This is also one of the times, from the beginning whereof unto the end of the Octaves of the Epiphany, the so∣lemnizing of Mariages were forbidden., by reason of a certain spiritual joy that the Church, and so consequently every Mem∣ber thereof for that time, doth or ought to conceive in the remembrance of her Spouse Christ Jesus, and so abandon all affections of the flesh. See Rogation week, and Sep∣tuagesima.

Advocatione decimarum, is a Writ that lyeth for the claim of the fourth part or up∣ward, of the Tithes 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 justifie or maintain an Act formerly done. For example, one taketh a distress for rent or other thing, and he that is distreined, sueth a Replevin. Now he that took the Distress, or to whose use the Distress was taken by another, justi∣fying or maintaining the Act, is said to a∣vow. Terms of the Law. Hereof commeth advowant. Old. nat. br. fol. 43. and advowrie, eodem folio. Bracton useth the Latine word in the same signification, (as advocatio dis∣seifinae) li. 4. cap. 26. And I find in Cassa∣naeus de consuet. Burg. pag. 1210. (advohare) in the same signification, and pag. 1213. the Substantive (desavohamentum) for a dis∣avowing or refusal to avow.

Advowzen (advocatio) signifieth in our Common-law a right to present a benefice, as much as (jus patronatus) in the Canon-law. The reason why it is so termed, proceedeth from this, Because they that originally ob∣tained the right of presenting to any Church, were Maintainers and Upholders, or great Benefactors to that Church, either by build∣ing or increasing it: and are thereupon termed sometime Patroni, sometime Ad∣vocati, cap. 4. & cap. 23. de jure Patronatus in Decretal. And advowzen being a bastard∣ly French word is used for the right of pre∣senting, as appeareth by the Statute of Westm the second, anno 13 Edw. 1. ca. 5.

Advowzen is of twosorts: advowzen in grosse, that is, sole or principal, not adhe∣ring or belonging to any Manor as parcel of the right thereof: advowzen dependant, which dependeth upon a Manor as apper∣tinent unto it, termed of Kitchin an inci∣dent, that may be separated from the Sub∣ject. Of this M. John Skene de verbo sig. hath these words: dicitur advocatio Ecclesiae, vel quia Patronus alicujus Ecclesiae ratione sui ju∣ris advocat se ad eandem Ecclesiam, & as∣serit se in eadem habere jus Patronatus, e∣amque esse sui quasi clientis loco, vel potiùs cùm aliquis (nempe patronus) advocat alium jure suo ad Ecclesiam vacantem, cumque loco alterius (veluti defuncti) praesentat & quasi exhibet. See Advowè next following.

Advowè, alias avowè (advocatus) is used for him that hath right to present to a bene∣fice. Anno 25 Ed. 3. stat. 5. ca. unico. There have you also, (Advowe paramount) which is as much as the highest Patron, and is spoken of the King. Advocatus est ad quem pertinet jus advocationis alicujus Ecclesiae, ut ad Ecclesiam, nomine proprio non alieno, possit praesentare. Fle∣ta l. 5. ca. 14. § 1. Fitzh. in his nat. br. fol. 39. useth it in the same signification. See Advowzen, and Avowè.

AE

Aetate probanda, is a Writ that the Kings Tenent holding in chief by Chivalry, and being Ward by reason of his nonage, obtain∣eth to the Eschetour of the County where he was born, or some time where the Land ly∣eth, to inquire, whether he be of full age to have delivery of his Lands in his own hand. Register orig. fol. 294. & 295. Fitzh. nat. br. fo. 253. who also fo. 257. saith, that this Writ is sometime directed to the She∣riff to empanell a Jury, for this is inquiry a∣gainst a day certain, before Commissioners authorized under the broad Seal to deal in such a cause.

Aerie of Coshawkes (aeria accipitrum)

commeth from the French (aiere) signifying so much as (par) in Latine, or (a pair) in Eng∣lish. For the French-man saying that one is (un 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 Hawks, for that we generally call a nest in other birds. So it is used anno 9 H. 3. c. 13. in the Charter of the Forest, and in divers o∣ther places.

AF

Affeerours (afferatores, aliâs affidati) may probably be thought to proceed from the French (affier, i. confirmare, affirmare.) It signifieth in our Common Law, those that be appointed in Court-leets, &c. upon Oath, to mulct such as have committed faults arbitrably punishable, and have no express penalty set down by Statute. The form of their Oath you may see in Kitchin, fol. 46. The reason of this appellation may seem to be, Because they that be appointed to this Office, do affirm upon their Oaths, what pe∣nalty they think in Conscience the Offen∣dour hath deserved. It may likewise pro∣bably be thought, that this commeth from (feere) an old English word, signifying a Companion, as (gefera) doth amongst the Saxons by M. Lamberd•• testimony, verbo (contubernalis) in his explication of Saxon words. And so it may be gathered that M. Kitchin taketh it, ca. Amercements, fo. 78. in these words (Mas file amercement soit affire per pares) where (pares) be put for Affee∣rors. And there may be good reason of this, because they are in this business made companions and equals. You shall find this word used anno 25 Ed. 3. st. 7. viz. And the same Justices before their rising in every Sessions, shall cause to be affeered the a∣mercements, as pertaineth; and also to the same effect, anno 26 H. 8. cap. 6. Kitchin fo. 78. joineth these 3 words together as syno∣nyma. (Affidati, amerciatores, affirours.) Affidare in the Canon law is used for fidem dare, ca. fina. de cognatio. spiritua. in Decretal & ca. super ••o de testibus. Bracton hath Affi∣dare mulierem, for to be betrothed to a Wo∣man, li. 2. cap. 12. But I find in the custo∣mary of Normandy, ca. 20. this word (affeurer) which the Latine Interpretour expresseth by (taxare) that is, to set the price of a thing, as (aestimare, indicare, &c.) which Etymologie of all the other pleaseth me best, leaving every man to his own Judgement.

Affirme (affimare) commeth either of the Latine, or French (affirmer) it signifieth in our Common law, as much as to ratifie or approve a former Law, or Judgement. So is the Substantive (affirmance) used anno 8. H. 6. c. 12. And so is the verb it self by M. West. parte 2. symbolai. titule, Fines. sect. 152. And if the Judgement be affir∣med, &c. as also by M. Crompton in his di∣vers Jurisd. fo. 166.

Afforest (afforestare) is to turn ground into Forest. Charta de foresta, c. 1. & 30. an. 9 H. 3. What that is, look more at large in Fo∣rest.

Affray (affreia) commeth of the French (affraier, i. horrificare, terrere) it signifieth in our Common law a Skirmish, or fighting between two or more. M. Lambert in his cirenarcha, lib. 2. cap. 3. saith, that it is of∣tentimes confounded with an assault, but yet he is of opinion that they differ in this, that where an assault is but a wrong to the Party, an affray is a common wrong: and therfore both enquirable and punishable in a Leet. It might be said likewise, that an assault is but of one side, and an affray of two or more. I think this word (affray) to be two waies used: one, as I have already de∣scribed it: another, for a terror wrought in the subject by any unlawfull sight of violence or armor, &c. tending toward violence. For so is it used, an. 2. Ed. 3. cap. 3.

AG

Age (atas) commeth from the French (aage) and signifieth in our Language, that part of mans life, which is from his birth un∣to his last day. But it is in the Common Law particularly used for those especial times, which enable men or women to do that, which before for want of age, and so consequently of Judgement, they might not do. And these times, in a man be two, in a woman six. The age of 21 years is termed the full Age, in a man, the age of fourteen years, the age of discretion. Littleton lib. 2. cap. 4. In a Woman there are six several ages ob∣served that severally enable her to do six se∣veral things, Broke Gard. 7. First, at 7 years of age the Lord her Father may di∣strain his Tenents for aid to mary her: for at those years she may consent to matrimo∣nie. Bracton lib. 2. cap. 36. nu. 3. Secondly, at the age of nine years she is dowable: for then, or within half a year after, is she able promereri dotem, & virum sustinere. Fleta lib. 5. cap. 22. Littleton lib. prim. cap. 5. which Bracton loco citato doth notwithstanding li∣mit

at 12 years. Thirdly, at twelve years she is able finally to ratifie and confirm her former consent given to Matrimony. Fourth∣ly, at fourteen years she is enabled to re∣ceive her Land into her own hands, and shall be out of Ward, if she be of this age at the death of her Ancestor. Fiftly, at six∣teen years she shall be out of Ward, though at the death of her Ancestor she was within the age of fourteen years. The reason is, because then she may take a Husband able to perform Knights-service. Sixtly at 21 years she is able to alienate her Lands and Tenements, Instit. jure com. cap. 24. Touch∣ing this matter, take further these notes per∣spicuously gathered. At the age of four∣teen years a Striplin is enabled to chuse his own Guardian, and to claim his Land hold∣en in socage, Dyer fol. 162. which Bracton li∣miteth at fifteen years, li. 2. cap. 37. num. 2. with whom Glanvile also agreeth, lib. 7. ca. 9. And at the age of fourteen years a Man may consent to mariage, as a Woman at twelve. Bracton ubi supra. At the age of fifteen years, a man ought to be sworn to keep the Kings peace, anno 34 Ed. 1. Stat. 3. The age of 21 years compelleth a man to be Knight, that hath twenty pounds Land per annum in fee, or for term of life, anno 1. Ed. 2. stat. 1. and also enableth him to contract and to deal by himself, in all lawful causes appertaining unto his estate. Which until that time he cannot, with the security of those that deal with him. This the Lom∣berds lettle at 18. years, as appeareth by Hotemans disputations in libros feudorum, l. 2. c. 53. ver. decimo octavo anno. Which pow∣er the Romans permitted not usque ad ple∣nam maturitatem, and that they limitted at 25. years, lib. 1 in fine π. de major. 25. ann. l. fin. Co. de Legit. tit. in principio, titulo de curat. in Institut. The age of twelve yeares bind∣eth to appearance before the Sheriff & Co∣roner for enquirie after Robberies, ann. 52. H. 3. cap. 24. The age of 14. yeers enableth to enter an order of religion without con∣sent of parents, &c. anno 4. H. 4. cap. 17.

Age prier (aetatem precari) or (aetatis pre∣catio) is a petition made in count by one in his minority, having an action brought a∣gainst him, for lands comming to him by des∣cent, that the action may rest untill he come to his full age: which the Court in most ca∣ses ought to yeeld unto. This is otherwise in the Civill law, which inforceth children in their minority to answer by their tutors or curatours, π. de minor. 25. an.

Agenhine See Haghenhine.

Agist (agistare) seemeth to come of the French (gist, i. jacet) having (gisir) in the Infinitive moode, whence commeth the nown (gisme) a lying in childbed: or rather of (gister, i. stabulari) a word proper to a Deer, cum sub mensem Maium è lodis abditis in quibus deli tuit emigrans in loco delecto sta∣bulari incipit, unde commoda & propinqua sit pabulatio. Budeus in posteriori libro philologiae. Where also he saith, that (giste) est idem quod lustrum vel cubile. Or if it may be pro∣bably deduced from the Saxon word (Gast, i. hospes.) It signifieth in our Common law, to take in and feed the cattel of strangers in the Kings Forest, and to gather the money due for the same to the Kings use, Charta de fo∣resta, an. 9. H. 3. cap. 9. The Officers that do this, are called (agistors) in English, Guest-takers, eodem c. 8. Cromptons Jurisdict. fo. 146. These are made by the Kings Let∣ters patents under the great Seal of England: of whom the King hath four in number within every Forest, where he hath any pawnage, called agistors, or Gist-takers. And their office consisteth in these four points: (in agistando, recipiendo, imbrevitando, certifi∣cando) Manwood parte prima, of Forest laws, p. 336. & 337. whom you may read more at large. Their function is tearmed Agist∣ment, as agistment upon the sea banks, anno 6. H. 6. cap. 5.

Agreement (agreamentum, i. aggregatio mentium) is the assent or concord of more to one thing: & this by the Author of the new tearms of law, is either executed or execu∣tory: which you may read more at large in him exemplified by cases.

AY

Ayde (auxilium) is all one in significa∣tion with the French (ayde) and differeth in nothing, but the only pronunciation, if we take it as it is used in our vulgar language. But in the Common law, it is applied to di∣vers particular significations, as sometime to a subsidie, anno 14. Ed. 3. stat. 2. ca. 1. some∣time to a prestation due from Tenents to their Lords, as toward the relief due to the Lord Paramount, Glanvile li. 9. ca. 8. or for the making of his sonne Knight, or the ma∣rying of his daughter, idem, eodem. This the King, or other Lord by the ancient Law of, England, might lay upon their Tenents, for the Knighting of his eldest Sonne at the age of 15. yeers, or the mariage of his daughter at the age of 7 yeers, Regist. orig. fol. 87. a.

and that at what rate themselves listed. But Satute West. 1. anno 3. Ed. 1. ordained a re∣straint for so large a demand, made by com∣mon persons being Lords, in this case, and tyed them to a constant rate. And the Sta∣tute made anno 25. Ed. 3. stat. 5. ca. 11. pro∣videth, that the rate set down by the former Statute, should hold in the King, as well as in other Lords. Of this I find mention in the Statute, an. 27. H. 8. cap. 10. This imposi∣tion seemeth to have descended to us from Normandie: for in the grand custumary, cap. 35. you have a Tractat intituled (des aides chevelz, i. de auxiliis capitalibus) whereof the first is (a faire l'ai••è filz. de son seigneur che∣valier. i. ad filium primogenitum militem faci∣endum) the second (son ainee fille marier, i. ad filiam primogenitam maritandam.) And the third, (a rechapter le corps de son seigneur de prison quand il est prius per la guerre au Duc, i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello. Ducis Normandiae. Also I find in Cassan. de consuet. Burg. Quòd dominus accipit à subditis pro dotanda filia, pa. 122. which seemeth to be all one with this our imposition: and also in Vincentius de Fran∣chis deseis. 131. where he calleth it adjutori∣um pro maritanda Filia. Whence it appea∣reth, that this custome is within the King∣dome of Naples also. Touching this likewise, you may read these words in Menochius lib. 2. de arbitrat, Jud. quaest. centuria 2. cap. 181. Habent saepissimè feudorum possessores & Domi∣ni multa in corum ditionibus privilegia, multas∣que cum locerum incolis conventiones: inter quas, illa una solet nominari, ut possit Dominus col∣lect am illis indicere pro solutione dotium suarum filiarū, cùm matrimonio collocantur. Hoc ali∣quando Romae observatum à Caligula fuisse, in illius vita scribit Suetonius, cap. 42. Hodiè hic usus in subalpina regione est frequens, ut scribit Jacobinus, de Sancto Georgio, in tractu de homagiis, col. 8. Etiam pro filia quae religionem ingreditur: & non modò pro una filia, sed pluri∣bus filiabus, non tamen pro secundis nuptiis ex∣igitur. In which place the said author maketh mention of divers other Civilians and Feu∣dists, that record this custome to be in other places. Of this Ayd our Fleta writeth thus: sicut etiam quaedam consuetudines quae servitia non dicuntur, nec concomitantia servitiorum, si∣cut rationabilia auxilia ad filium primogenitum militens faciendum, vel ad filiam primogenitam maritandam: quae quidem auxilia sunt de gra∣tia & non de jure, pro necessitate et indigentia do∣mini capitalis. Et non sunt pradialia, sed perso∣nalia, secundum quod perpendi poterit in brevi ad hoc proviso, &c.

This word (Ayd) is also particularly used in matter of pleading, for a petition made in court for the calling in of help from another, that hath an interest in the cause in question, and is likely both to give strength to the party that prayeth in ayd of him, and also to avoid a prejudice growing toward his own right, except it be prevented. For ex∣ample, when a tenent for term of life, by cour∣tesie, tenent in tail after possibility of issue extinct, for term of years, at will, by Ele∣git, or tenent by Statute-merchant being im∣pleaded touching his estate, may petere aux∣tlium, that is, pray in ayd of him in the re∣version, that is, desire or intreat the Court, that he may be called in by writ, to allege what he thinketh good for the maintenance both of his right and his own. Terms of the Law. Fitzherbet mentioneth both prier in ayde, and prier ayde de patron, &c. auxilium pe∣tere à patrono, Nat. Brev. fo. 50. d. And the new book of Entries, Verbo Ayde de parcener, aux∣ilium de parcionaria, fo. 411, Columna 4. This the later practitioners in the Civil Law call authoris laudationem vel nominationem. Emeri∣cus in practition. titulo 48. This ayde prier is al∣so used sometime in the Kings behoof, that there be no proceeding against him untill the Kings Councell be called, and heard to say what they think good, for the avoyding of the Kings prejudice or losse, touching the cause in hand. For example, if the kings tenent holding in chief, be demanded a rent of a common person, he may pray in ayd of the king. Also a City or Borough that hath a fee ferm of the king, any thing being demanded against them which belongeth thereunto, may pray in ayd of the king, &c. Terms of the law. Of this thing you may read the Sta∣tute (de bigamis. a. 4. Ed. 1. ca. 1. 2. & 3. & an. 14. Ed. 3. stat. 1. ca. 14. The Civill law in sutes begun between two, alloweth a third to come in (pro interesse) and he that commeth in for his interest, commeth either assistendo, or opponendo, &c. The former is like to this (ayde prier) the other to that which our common Lawiers cal Receite. Look Receito.

Aile (avo) commeth of the French (aieul, i. avus) & signifieth a writ that lieth where the grandfather or great grandfather, called of our common lawyers (besacle) but in true French (bisaicul) was seised in his demaines as of fee, of any land or tenement in fee sim∣ple, the day that he died, and a stranger aba∣teth

or entreth the same day and dis••posses∣seth the heir. Fitz. nat. br. fo. 222.

AL

Alderman (aldermannus) is borrowed from the Saxon (Ealderman) signifying as much as Senator in Latine. Lamb. in his explication of Saxon words, verbo senator. See Roger Hoveden par. poster. suorum. annal. fo. 346. b.

Aler sans jour, is verbatim, to goe with∣out day: the meaning whereof is, to be fi∣nally dismissed the Court: because there is no day of farther appearance assigned. Kitchin fol. 140.

Ale-taster, is an officer appointed in every Court leet, and sworn to look to the assise, and the goodnesse of bread and ale, or beer, within the precincts of that Lordship: Kitchin f. 46. where you may see the form of his oath.

Alias, v. Capias alias.

Alien (alienare) commeth of the French aliener, and signifieth as much as to transferre the property of any thing unto an∣other man. To alien in mortmain, is to make over lands or tenements to a Religious com∣pany, or other body politique: Stawnf. prae∣rog. fo. 40. Look Mortmain. To alien in fee, is to sel the fee simple of any land or tene∣ment, or of any incorpore all right. West. 2. ca. 25. an. 13 Ed. 1.

Alien, alias, alion (allenigena) commeth of the Latine alienus, and signifieth one born in a strange Country. It is ordinarily taken for the contrary to Denizen, or a natural subject, that is, one born in a strange country, and ne∣ver here infranchised. Brook, Denizen 4. &c. And in this case, a man born out of the land, so it be within the limits of the kings obedi∣ence beyond the Seas, or of English parents out of the Kings obedience, so the parents at the time of the birth be of the kings obe∣dience, is no alien in account, but a subject to the King. Statute 2. a. 25. Edw. 3. c. unico. commonly called the Statute, de natis ultra mare. Also if one born out of the Kings alle∣giance, come and dwell in England, his chil∣dren (if he beget any here) be not aliens, but denizens. Terms of the Law. See Deni∣zen.

Allaye (Allaia) is used for the temper & mixture of silver and gold, an. 9. H. 5. Stat. 2. c. 4. & Stat. 1. ejusdem anni, cap. 11. The rea∣son of which allay is, with a baser metal to augment the weight of the silver or gold so much, as may counter vail the Princes charge in the coining. Antonius Faber. de nummario∣rum debitorum solutionibus, cap. 1.

Allocatione facienda, is a writ directed to the Lord Treasurer, and Barons of the Exche∣quer, upon a complaint of some accountant, commanding them to allow the accountant such summes, as he hath by vertue of his of∣fice lawfully and reasonably expended. Re∣gist. orig. fol. 206. b.

Alluminor, seemeth to be made of the French (allumer, i. accendere, incendere, in∣flammare it is used for one that by his trade coloureth or painteth upon paper or parch∣ment. And the reason is, because he giveth grace, light, and ornament by his colours, to the letters or other figures coloured. You shall find the word, an. 1. R. 3. ca. 9.

Almaine rivets, be a certain light kind of ar∣mor for the body of a man, with sleevs of male or plates of iron for the defence of his arms. The former of which words, seemeth to shew the country where it was first invented: the other, whether it may come from the French verb (revestir, i. superinduere) to put on upon another garment, I leave to farther con∣sideration.

Almner (eleemosynarius) is an officer of the Kings house, whose function is, fragmen∣ta diligenter colligere, & ea distribuerre singulis diebut egenis: agrotos & leprosos, incarceratos, pauperes{que} viduas, et alios egenos vagos{que} in pa∣tria commorantes, charitative visitare: item e∣quos relictos, robas, pecuniam, et alia ad elec∣mosynam largita, recipere & fideliter distribue∣re. Debet etiam regem super eleemosyne largi∣tione crebris summonitionibus stimulare, & prae∣cipne diebus Sanstorum, & rogare ne robas su∣as quae magni sunt pretii, histrionibus, blandito∣ribus, adulatoribus, accusatoribus vel ministral∣lis, sed ad eleemosynae suae incrementum jubeat largiri, Fleta, lib. 2. cap. 22.

Almoine (eleemosyna.) See Frank almoyne.

Almond (amygdalum) is well known to every mans sight: it is the kernel of a nut or stone, which the tree in Latine called (amyg∣dalus) doth bear within a husk in manner of a walnut, of whose nature, and diversities, you may read Gerards Herball, lib. 3. cap. 87. This is noted among Merchandize that are to be garbled, anno 1. Jaco. cap. 19.

Alnegeor, aliâs, aulnegeor (ulniger vel ulnator) commeth from the French (aulne) an elle, or elwand, and signifieth an Officer of the Kings, who by himself or his Deputie, in places con∣venient, looketh to the Assise of wollen cloth made through the land, and to seales for that purpose ordained unto them, anno 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is ac∣comptable to the king for every cloth so sea∣led

in a fee or custom therunto belonging, an. 17 R. 2. c. 2. Read of this more an. 27. Ed. 3. c. 4. an. 17. R. 2. c. 2. & 5. an. 1. H. 4. c. 13. an. 7. ejusd. c. 10. an. 11. ejusd. cap. 6. an. 13. ejusd. ca. 4. an 11. H. 6. ca. 9. an. 31. ejusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. ejusdem ca. 1. & an. 1. R. 3. cap. 8.

AM

Ambidexter, is that jurour or embraceour, that taketh of both parties for the giving of his verdict. He forfeiteth ten times so much as he taketh, anno 38. Edw. 3. cap. 12. Cromp∣tons Juflice of Peace, fol. 156. b.

Amendment (amendatio) commeth of the French (amendment) and signifieth in our common Law, a correction of an errour com∣mitted in a Processe, and espyed before judge∣ment. Terms of the law. Brook titulo Amend∣ment, per totum. But if the fault be found after judgement given, then is the party that will redresse it, driven to his writ of errour. Terms of the Law, Brok titulo Error.

Amerciament (amerciamentum) signifieth the pecuniarie punishment of an offendor a∣gainst the king or other Lord in his court, that is found to be (in misericordia) i. to have of∣fended, and to stand at the mercy of the King or Lord. There seemeth to be a difference between amerciament and fines, Kitthin, fol. 214. And I have heard common Lawyers say, that fines, as they are taken for punishments be punishments certain, which grow expresly from some Statute, and that amerciaments be such, as be arbitrably opposed by affeerors. This is in some sort confirmed by Kitch. f. 78. in these words: (l'amerciament est affire per pares.) M. Manwood in his first part of Fo∣rest Lawes, pag. 166. seemeth to make ano∣ther difference, as if he would inferre an a∣merciament to be a more easie, or more mer∣cifull penaltie, and a fine more sharp and grievous. Take his words: If the pledges for such a trespasse (saith he) do appear by common summons, but not the defendant himself, then the pledges shall be imprisoned, for that default of the defendant: but other∣wise it is, if the defendant himself doe ap∣pear, and be ready in Court before the Lord Justice in eyr, to receive his judgement, and to pay his fine. But if such pledges do make default, in that case the pledges shall be a∣merced, but not fined, &c. The Author of the new terms of law, saith, that amercia∣ment is most properly a penaltie assessed, by the peers or equals of the partie amercied for an offence done, for the which he putteth himself upon the mercy of the Lord. Who also maketh mention of an amerciament royal, and defineth it to be a pecuniary punishment laid upon a Sheriff, Coroner, or such like Officer of the Kings, amercied by Justices for his of∣fence. See Misericordia.

Amoveas maium. Look ouster le maine.

AN

An, tour, & waste, (annus, dies, & vastum.) Look year day, and waste.

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

Annats, Annaies.) seemeth to be all one with first fruits anno 25. H. 8. ca. 20. Look, First fruits. The reason is, because the rate of first fruits payed of spiritual livings, is after one years profit: Of which Polydore Virgil, de inventione rerum, lib. 8. cap. 2. saith thus: Nullum inventum majores Romano Pontifici cumulavit opes, quam annatum (qua vocant) u∣sus, qui omnino multò antiquior est, quam recen∣tiores quidam scriptores suspicantur. Et annates more suo appellant primos fractus unius anni sa∣cer dotii vacantis, aut dimidiam eorum partem. Sanè hoc vectigal jam pridem, cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet, & cum oportuerit pro dignitate, pro officio, multos magnos{que} facere sumptus, paulatim im∣positum fuit sacerdotiis vacantibus quae ille con∣ferret: de qua quidem re ut gravi, saepe recla∣matum fuisse testatur Henricus Hostiensis, qui cum Alexandro 4. Pontifice vixit, sic ut Fran∣ciscus Zabarellus tradat posthac in concilio Vien∣nensi, quod Clemens quintus indixit (qui factus est Pontifex anno salutis humanae, 135.) agita∣tum fuisse, ut, eo deposito, annatum onere vigesi∣ma pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici, & id quidem frust∣rà, Quare Pontifex annatas in sua massa retinuit, ut ne indidem exire possent: lege caetera.

Anniented, commeth of the French (anneantir, i. se abjicere, at{que} prosternere.) It signifieth with our Lawyers, as much as frustrated or brought to nothing, Littleton, lib. 3. cap. warrantie.

Annua pensione, is a writ, whereby the King having due unto him an annual pension from an Abbot or Prior for any of his Chap∣laines, whom he shall think good to name unto him, being as yet unprovided of suffici∣ent living, doth demand the same of the said Abbot or Prior for one, whose name is com∣prised in the same writ, untill, &c. and also willeth him, for his Chaplaines better assu∣rance, to give him, his Letters patents for the same. Register orig. fol. 265, & 307. & Fitz. nat. br. fol. 231. where you may see the names of all the Abbeys and Priories bound unto this, in respect of their Foundati∣on or creation: as also the form of the Let∣ters

Patents usually granted upon this writ.

Annuitie (annuus reditus) signifieth a yearly rent to be paid for term of life or years, or in fee, and is also used, for the Writ that lyeth against a man for the recovery of such a rent, either out of his Land, or out of his Coffers, or to be received of his person, at a day cer∣tain every year, not satisfying it according to the Grant. Register Origin. fol. 158. Fitzh. nat. br. fol. 152. The Author of the new terms of Law defineth (annuitie) to be a cer∣tain sum of mony granted to another in fee-simple, fee-tail, for term of life, or of years, to receive of the Granter, or his Heirs, so that no Free-hold be charged therewith, whereof a man shall never have assise or other action, but a Writ of Annuity. Saintgerman in his Book intituled (The Doctor and Stu∣dent) dialogo primo, cap. 3. sheweth divers differences between a Rent and an Annuity: wherof the first is, That every rent, be it rent-charge, rent-service, or rent-seck, is going out of Land: but an Annuity goeth not out of any Land, but chargeth only the person: that is to say, the Granter, or his Heirs that have Assets by descent, or the House, if it be gran∣ted by a House of Religion, to perceive of their Coffers. The second difference is, that for the recovery of an Annuity, no Action lyeth, but only the Writ of Annuity against the Granter, his Heirs or Successors: but of a Rent, the same Actions lye as do of Land, as the Case requireth. The third difference is, that an Annuity is never taken for Assets, because it is no Free-hold in law, neither shall be put in execution upon a Statute Mer∣chant, Statute Staple, or Elegit, as a Rent may. Dyer fol. 345. num. 2. speaketh also to this effect.

Annise-seed (semen anisi) is a medicinal seed not unknown, so called of the herb ani∣sum, whereof it is the fruit. Of this he that listeth may read Gerards Herbal, lib. 2. ca. 397. It is noted among the garbleable drugs and spices, anno 1 Jaco. ca. 19.

Anoisance, aliâs Noisance, aliâs Nusance (nocumentum) commeth of the French (nui∣sance, i. incommodum, noxa) and hath a dou∣ble signification, being used as well for any hurt done either to a publick place, as (high∣way, bridge, or common river) or to a pri∣vate, by laying any thing, that may breed in∣fection, by incroaching, or such like means: as also, for the Writ that is brought upon this transgression: whereof see more in Nusance. The word (Anoysance) I find, anno 22 H. 8. c. 5.

AP

Apostate capiendo, is a Writ that lyeth a∣gainst one, that having entred and professed some order of Religion, breaketh out again, and wandereth the Country, contrary to the Rules of his Order. For the Abbot or Prior of the House, certifying this into the Chan∣cery, under their Common seal, and praying this Writ directed to the Sheriff for the ap∣prehension of such Offendour, and for the de∣livery of him again to his Abbot or Prior, or their lawfull Attorney, were wont to obtain the same. The form wherof, with other circum∣stances, you shall find in the Register orig. fol. 71, & 267. and Fitzh. natur. br. fol. 233. C.

Apparlement, commeth of the French (pa∣reilement, i. similiter, perinde, itidem) and sig∣nifieth a resemblance, as apparlment of War, anno 2 R. 2. stat. 1. ca. 6.

Appeal (appellum) commeth of the French (appellor, i. accire, accersere, nominare, evocare, clamore aliquem flagitare.) Itsigni∣fieth in our Common-law, as much as (accu∣sati••) with the Civilians. For as in the Ci∣vil-law, Cognisance of criminal Causes, is taken either upon inquisition, denunciation, or accusation: so in ours, upon indictment or appeal, indictment comprehending both inquisition and denunciation. And accu∣sation or appeal, is a lawfull declaration of a∣nother mans crime (which by Bracton must be felony at the least in the Common-law) before a competent Judge, by one that set∣teth his name to the Declaration, and un∣dertaketh to prove it, upon the penalty that may ensue of the contrary. To declare the whole course of an Appeal, were too much for this Treatise. Wherefore for that, I must refer you to Bracton lib. 3. tract. 2. c. 18. cum sequent. Britton. c. 22, 23, 24, 25. and to S. Thomas Smith, l. 3. de repub. Anglo. c. 3. and lastly to Stawnf. pl. cor. l. 2. c. 6, 7, &c. usque 17. An Appeal is commenced two waies: either by VVrit, or by Bill. Stawnf. ubi su∣pra. fol. 46. And it may be gathered by him, fol. 148. that an Appeal by VVrit is, when a VVrit is purchased out of the Chancery by one to another, to this end, that he appeal a third of some felony committed by him, finding Pledges that he shall do it, and deli∣ver this VVrit to the Sheriff to be recorded. Appeal by Bill is, when a man of himself gi∣veth up his accusation in writing to the Vicount or Coroner, offering to undergo the burthen of appealing another therein named. This point of our Law, among others, is drawn from the Normans, as appeareth plain∣ly

by the grand Customary, cap. 68. where there is set down a solemn discourse, both of the effects of this Appeal, viz. the order of the combat, and of the tryal by inquest: of which by the Common-law of England, it is in the choise of the Defendant, whether to take. See the new book of entries, verbo Appel. and the book of Assises, fo. 78. Appel.

Appeal of mahem (appellum mahemit) is an accusing of one that hath maimed another. But that being no felony, the Appeal there∣of is but in sort an action of Trespass: because there is nothing recovered but dammages. Bracton calleth this (appellum de plagis & ma∣hem••o) and writeth of it a whole Chapter, l. 3. tract. 2. ca. 24. See S. Edw. Cook 4. vol. fo. 43. a.

Appeal of wrong imprisonment (appellum de pace & imprisonnamento) is used by Bracton, for an action of wrong imprisonment, where∣of he writeth a whole tractat. lib. 3. tractat. 2. ca. 25.

Appeal (appellatio) used in our Common law divers times, as it is taken in the Civil Law: which is a removing of a cause from an inferi∣our Judge to a superiour, as appeal to Rome, an. 24. H. 8. ca. 12. & an. 1 Eliz. ca. 1. But it is more commonly used, for the private ac∣cusation of a murtherer, by a party who had interest in the party murthered, or of any fe∣lon by one of his complices in the fact. See Approver.

Appendant (appendens) is any thing belong∣ing to another, as accessorium principali, with the Civilians, or adjunctum subjecto, with the Logicians. An Hospital may be appendant to a manor. Fitz. nat. br. f. 142. Common of fishing appendant to a free hold. Westm. 2. ca. 25. anno 13. Ed. 1.

Appertinances (pertinentiae) commeth of the French (appertenir, i. pertinere) It signi∣fieth in our common law, things both corpo∣rall, belonging to another thing, as to the more principall: as Hamlets to a chief Man∣nor, common of pasture, turbarie, piscarie, and such like; and incorporeall, as liberties and services of Tenents. Brit. c. 39. Where I note by the way, that he accounteth com∣mon of Pasture, turbary, and piscary, to be things corporal. Look Common.

Apportionment (Apportionamentum) is a di∣viding of a Rent into parts, according as the land, whence the whole rent issueth, is di∣vided among two or more. See the new terms of Law.

Apprentice (Appenticius) commeth of the French (aprenti, i. tyro & rudis discipulus) or of the verb (apprendre, i. addiscere, discere) and signifieth with us, one that is bound by covenant in word or writing, to serve ano∣ther man of Trade, for certain years, upon Condition, that the Artificer or man of Trade, shall in the mean time endeavour to instruct him in his Art or Mysterie. S. Thomas Smith, in his Book de rep. Ang. l. 3. c. 8. saith, that they are kind of Bondmen, dif∣fering only, in that they be Servants by Co∣venant and for a time. Of these you may read divers Statutes made by the wisedome of our Realm, which I think superfluous here to mention.

Appropriation (appropriatio) proceedeth from the French (approprier, i. aptare, accom∣modare) and properly signifieth, in the law of England, a severing of a benefice ecclesiasti∣cal (which originally and in nature is, juris divi••i & in patrimonio nullius) to the proper and perpetual use of some Religious House or Dean, &c. and Chapter, Bishoprick or College. And the reason of the name I take to be this: because that whereas Parsons ordinarily be not accounted (domini) but usufructuarii) having no right of fee simple, Littleton titu. Discontinuance: these, by rea∣son of their perpetuity, are accounted owners of the fee simple, and therefore are called proprietarii. And before the time of Richard the second, it was lawfull (as it seemeth) simply, at the least by mans law, to appro∣priate the whole fruits of a benefice to an Abbey or Priory, they finding one to serve the cure. But that King made so evill a thing more tolerable by a Law, whereby he ordained, that in every licence of appropria∣tion made in Chancery, it should expresly be contained, that the Diocesan of the place should provide a convenient sum of mony yearly to be paid out of the fruits, towards the sustenance of the poor in that Parish, and that the Vicar should be well and sufficiently endowed, anno 15 R. 2, c. 6. Touching the first institution, and other things worth the learning about Appropriations, read Plowden in Grendons Case, fo. 496. b. & seq. as also the new terms of Law, verbo Appropriation. To an appropriation, after the Licence obtai∣ned of the King in Chancery, the consent of the Diocesan, Patron, and Incumbent are necessary, if the Church be full: but if the Church be void, the Diocesan and the Patron upon the Kings license may conclude it. Plowden ubi supra. To dissolve an appropri∣ation,

it is enough to present a Clerk to the Bishop. For, that once done, the benefice re∣turneth to the former nature. Fitz. nat. br. fol. 35. E.

Approvour (approbatur) commeth of the French (approuver, i. approbare, comprobare, calculum albo adjicere) It signifieth in our Common law, one that confessing felony of himself, appealeth or accuseth another, one or more, to be guilty of the same; & he is called so, because he must prove that which he hath alleged in his ap∣peal, Stawnf. pl. cor. fo. 142. And that proof, is by battel, or by the Country, at his election that appealed. The form of this accusation, you may in part gather by M. Cromptons Justice of Peace, fo. 250, & 251. that it is done before the Coroner, either assigned unto the felon by the Court, to take and record what he saith, or els called by the felon himself, and required for the good of the Prince and Commonwealth, to record that which he saith, &c. The oath of the Approver, when he beginneth the combat, see also in Crompton in the very last page of his book, as also the Proclamation by the Herald. Of the antiquity of this Law, you may read something in Horns mirror of Justices, lt. 1. in fine cap. del Office del Coroner. Of this also see Bracton more at large, lib. 3. tract. 2. cap. 21. & 34. and Stawnf. pl. cor. lib. 2. cap. 52. cum seq.

Approvers of the King (Appruatores Regis) be such as have the letting of the Kings demesnes in small Mannors to the Kings best advantage, anno 51. H. 3. Stat. 5. See Approve.

Approve (appruare) commeth of the French (approver, i. approbare, comprobare, caleulum al∣bo adjicere) it signifieth in the Common law to augment, (or as it were) to examine to the ut∣termost. For example: to approve land, is to make the best benefit thereof by increasing the rent, &c. So is the Substantive (Approvement) used in Cromptons Jurisd. fol. 153. for the pro∣fits themselves. So is it likewise in the Statute of Merton, ca. 4. anno 2. H. 3. land newly ap∣proved, Old nat. br. fol. 79. So the Sheriffs called themselves the Kings approvers, anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the Kings profits. And anno 9. H. 6. cap. 10. Bailiffes of Lords in their franchises be called their approvers. But anno 2. Ed. 3. cap. 12. Approvers be certain men es∣pecially sent into leveral Counties of the Realm, to increase the Farms of Hundreds and Wapentakes, which formerly were set at a cer∣tain rate to the Sheriffs, who likewise demised them to others, the County-Court excepted.

Approvement (appruamentum) see Approve. See the Register judicial, fol. 8. br. & 9 a. See the New terms of Law, verbo (Approve∣ment.)

AR

Arbitratour (arbiter) may be taken to pro∣ceed from either the Latine (arbitrator) or the French (arbitre) it signifieth an extraordinary Judge in one or moe Causes, between party and party, chosen by their mutual consents, West. parte 2. Symbol. titulo Compromise, Sect. 21. who likewise divideth arbitrement, into gene∣ral, that is, including all actions, quarrels, exe∣cutions, and demands; and special, which is of one or more matters, facts, or things specified, codem sect. 2, 3, 4. The Civilians make 2 dif∣ference between (arbitrum & arbitratorem) li. 76. π. pro socio. For though they both ground their power upon the compromise of the par∣ties: yet their liberty is divers. For arbiter is tyed to proceed, and judge according to Law, with equity mingled: arbitrator is per∣mitted wholly to his own discretion, without solemnity of process, or course of Judgement, to hear or determine the controversie com∣mitted unto him, so it be juxta arbitrium bont viri.

Arches court (Curia de arcubus) is the chief and antientest Consistory that belongeth to the Archbishop of Canterbury, for the debating of Spiritual causes: and so is called of the Church in London, dedicated to the blessed Virgin, com∣monly called Bow-Church, where it is kept. And the Church is called Bow-Church of the fa∣shion of the Steeple or clocher thereof, whose top is raised of stone Pillars, builded Arch∣wise, like so many bent bows.

The Judge of this Court is termed the Dean of the Arches, or the Official of the Arches Court. Dean of the Arches, because with this officialty, is commonly joined a peculiar Ju∣risdiction of thirteen Parishes in Londor, ter∣med a Deanrie, being exempted from the au∣thority of the Bishop of London, and belonging to the Archbishop of Canterbury: of which the Parish of Bow is one and the chief, because the Court is there kept. Some others say, that he was first called Dean of the Arches, because the official to the Archbishop, being many times imployed abroad, in Ambassages for the King and Realm, the Dean of the Arches was his Substitute in his Court, and by that means the names became confounded. The jurisdi¦ction of this Judge is ordinary, and extendeth it self thorow the whole Province of Canter∣bnry. So that upon any Appeal made, he forth∣with and without any further examination of the Cause, sendeth out his Citation to the par∣ty appealed, and his inhibition to the Judge from whom the Appeal is made. Of this he that will may read more in the book, intituled

De antiquitate Ecclesiae Britan. historiae.

Arma moluta seem to be sharp weapons that do cut, and not blunt, that do only break or bruise. Bract. lib. 3. tract. 2. cap. 23. & Stawnf. pl. cor. fo. 78, & 79: whereof Bracton bath these words; arma moluta plagam faciunt, sicut gladius, hisacuta, & hujusmodi: ligna verò & lapides brusuras, orbes, & ••ctus, qui judicari non possunt ad plagam ad hoc, ut inde veniri possit ad duellum.

Armor (arma) in the understanding of our Common law is extended to any thing that a man in his wrath or fury taketh into his hand, to cast at or strike another. Crompton Justice of Peace, fo. 65. a. So armorum appellatio, non utique scuta & gladios & galeas significat, sed & fustes, et lapides, lib. 42 π. de verbo significa∣tione.

Array (arr••ia, alias arraiamentum) com∣meth of the French Array, i. ordo, which is an old word out of use. Or it may be may be well deduced from raye, i. linea. It signifieth in our Common Law, the ranking or setting orth of a Jury or enquest of men impannelled upon a Cause, a. 18 H. 6. c. 14. Thence is the verb to array a panel, Old N. B. fo. 157. that is, to set forth one by another the men im∣pannelled. The array shall be quashedi; Old Nat. Br. fo. 157. By Statute every array in assise ought to be made four daies before. Br. t••••. Panel. nu. 10. to challenge the array, Kit∣chin, fol. 92.

Arrayers seemeth to be used in the Sta∣tute, an. 12 R. 2. c. 6, for such Officers as had care of the Souldiers armour, to see them duly appointed in their kinds.

Arraine (arraniare) commeth of the French arranger, i. astituere, ordinare, that is, to set a thing in order in his place: and the same signification it hath in our Common law. For example, he is said to arrain a Writ of Novel disseisin in a County, that sitteth it for Tryal before the Justices of the Circuit, Old nat. brev. fo. 109. Littleton fo. 78. useth the same word in the same sence, viz. the Lease ar∣raineth an assise of Novel disseisin. Also a Prisoner is said to be arrained, where he is in∣indicted and brought forth to his Tryal. Ar∣rained within the Verge for murther, Stawnf. pl. cor. fol. 150. The course of this arrain∣ment you may read in Sir Tho. Smith, de rep. Angl. l. 2. c. 23.

Arrearages (arreragia) commeth of the French (arrierages, i. reliqua.) It signifieth the remain of an Account, or a sum of Mony remaining in the hands of an Accountant. It is used sometimes more generally, for any mony unpaid at a due time, as arrerages of rent. That this word is borowed from France, it appeareth by Tira∣quel de utroque retractu, tomo 3. p. 32. num. 10.

Arrest (arestum) commeth of the French (arrester, i. retinere, retare, subsistere) or ra∣ther it is a French word in it self, signifying a setling, stop, or stay, and is metaphorically used for a decree or determination of a cause deba∣ted or disputed to and fro: as (arrest du Senat, i. placitum curiae.) In our Common law it is taken most of all for a stay or stop, as a man ap∣prehended for debt, &c. is said to be arrest∣ed. To plead in arrest of Judgement, is to shew cause why judgement should be staid, though the verdict of the twelve be passed. To plead in arest of taking the enquest upon the former issue, is to shew cause why an enquest should not be taken, &c. Brook tit. Replea∣der. Take this of the learned Master Lam∣bert, in his Eirenarch lib. 2. c. 2. p. 94. Budae, saith he in his Greek Commentaries is of opi∣nion, that the French word (Arrest) which with them signifies a decree or judgement of Court, took beginning from the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. placitum, and as we might say, the pleasure and will of a Court. And albeit it were not out of the way, to think that it is called an Ar∣rest, because it stayeth or arresteth the party; yet I believe rather, that we receive the same from the Norman laws, because we use it in the same sence with them. For commonly with us, an arrest is taken for the excution of the Commandement of some Court, or of some Officer in justice. But howsoever the name be∣gan, an arrest is a certain restraint of a mans person, depriving him of his own will and liber∣ty, and binding it to become obedient to the will of the Law, and it may be called the be∣ginning of imprisonment. Precepts and Writs of the higher Courts of Law do use to express it by two sundry words: as (capias) and at∣tachies) which signifie or take to catch hold of a man. But this our Precept noteth it by the words (ducifacias) that is cause him to be con∣veyed, &c. For that the Officer hath, after a sort, taken him before, in that he commeth un∣to him, and requireth him to go to some Ju∣stice of the Peace. Thus far M. Lambert. And belike this word is spread farther than France: for Gaile a German Writer sheweth by his Tractate de arrestis imperii, that it is used also in the imperial Territories, and in the same sig∣nification, c. 1. n. 1.

Arrestandis bonis ne dissipentur, is a Writ which lyeth for him whose Cattel or Goods are taken by another, that during the contro∣versie, doth or is like to make them away, and will be hardly able to make satisfaction for them afterward. Reg. orig. fo. 126. b.

Arrestando ipsum qui pecuniam recepit ad pro∣ficiscendum in obsequium regis, &c. is a Writ that lyeth for the apprehension of him that hath taken prest mony toward the Kings wars, and lyeth hidden when he should go. Register orig. 24. b.

Arresto facto super bonis mercatorum alienige∣norum, &c. is a Writ that lyeth for a Deni∣zen against the Goods of Strangers of any other Country, found within the Kingdom, in recom∣pence of Goods taken from him in the said Country, after he hath been denied restitution there. Reg. orig. fo. 129. a. This among the antient Civilians was called clarigatio, now barbarous∣ly represaliae.

Arretted (arrectatus) is he that is covenan∣ted before a Judge, and charged with a crime, Stawn. pl. cor. li. 2.45. quasi ad rectum vocatus. It is used sometime for Imputed or laid unto, as, no folly may be arrected to him being un∣der age. Littleton, cap. Remitter. The Latine Substantive Rettum is used in the Register orig. Chawcer useth the verb Arretteth, id est, lay∣eth blame, as M. Speight interpreteth it. I may probably conjecture that this word is the La∣tine (Rectum:) For Bracton hath this phrase, ad rectum habere malefactoremi, i. to have the Malefactor forth comming, so as he may be charged and put to his Tryal, lib. 3. tract. 2. cap. 10. And in another place, Rectatus de morte hominis. i. charged with the death of a man, codem c. 2. n. 3.

Articles of the Clergy (articuli Cleri) be cer∣tain Statues made touching persons and causes Ecclesi astical, an. 9 E. 2. like unto which there were others made, an. 14 E. 3. stat. 3.

AS

Assay of measures and weights (assais mensura∣rum & ponderum) Reg. orig. fo. 279, is the ex∣amination used by the Clark of the Market.

Assayer of the King, is an Officer of the Mint, for the due trial of Silver, indifferently appoin∣ted between the Master of the Mint, and the Merchants that bring silver thither for ex∣change. An. 2 H. 6. c. 12.

Assault (insultus) commeth of the French verb assailer, i. adoriri, appetere, invadere; which French proceedeth also from the Latine assili∣re, i. vim afferre, oppugnare. It signifieth in out Common law, a violent kind of injury offe∣red to a mans person, of a higher nature than battery, for it may be committed by offering of a blow, or by a fearfull speech. M. Lambert in his Eirenar. lib. 1. cap. 3. whom read. The Feudists call this assulium, and define it thus: Assultus est impetus in personam aut locum, sive hoc pedibus fiat, vel equo, aut machinis, aut qua∣cunque alia re assiliatur. Zasius de feud. parte 10. nu. 38. And assilere est vim adferre, adoriri, oppngnare, lib. feud. 1. titulo 5. §. 1.

Assach seemeth to be a Welsh word, and to signifie so much as a kind of excuse or strange kind of purgation by the Oaths of 300 men. An. 1 H. 5. ca. 6.

Assart, (Assartum) in M. Manwoods Judgement, parte 2. c. 9. nu. 5. of the Forest laws, commeth of the French assortir, signify∣ing as he saith, to make plain, or to furnish, but rather indeed, to set in order, and hand∣somely to dispose. Assertum est, quod redactum est ad culturam, Fleta lib. 4. ca. 21, §. Item re∣spondere. It signifieth, as much as the said M. Manwood saith, n. 1. ubi supra, an offence committed in the Forest, by plucking up those woods by the roo••s, that are thickets or coverts of the Forest, and by making them plain as ea∣rable land: where he also saith, that an as∣sart of the Forest is the greatest offence or tres∣pass of all other that can be done in the Forest, to vert or venison, containing in it as much as the Waste, or more. For whereas the waste of the Forest, is but the felling and cutting down of the coverts, which may grow again in time, an assart is a plucking them up, &c. Which he confirmeth out of the red book in the Exchequer, in these words: Assarta verò, occaesiones nominantur, quando sc: forestae nemora vel dumeta, pascuis & latibulis ferarum opportuna, succiduutur: quibus succisis & radici∣tus avulsis, terra subversitur & excolitur. And again out of the Register origin. fol•• 257. a, b. in the Writ Adquod damrum, sent out in case where a man sueth for a Licence to assart his grounds in the Forest, and to make it several for tillage. So that it is no offence if it be done with licence. To this may Bracton also be ad∣ded, lib. 4. cap. 38. num. 11. where he saith that these words, boscus efficitnr assartum, sig∣nifie as much as redactus in culturam. Of this you may read more in Cromptons Jurisdictions, fo. 203. and in Charta de foresta, an. 9 H. 3. c. 4. where the English word is not assart, but assert. And in Manwood part 1. of his Forest laws, pag. 171. The word is used an. 4 Ed. 1. stat. 1. in the same signification. That which we call assartum, is elsewhere tearmed Disbos∣catio Decis. Genu. 78.

Assembly unlawfull (illicita assemblata) com∣meth of the French assembler, i. aggregare, whence also is the Substantive assemblee, i. coitio, congregatio. It is in our Common law, as M. Lambert defineth it, Eiren. li. 1. c. 19. the company of three persons or more, gathered together to do an unlawfull act, although they do it not. See unlawfull assembly.

Assets (quod tantundem valet) Bract. l. 5. tract. 3. c. 8. nu. 2. is nothing but the French

assez, i. satis. For though this word masque under the vilard of a Substantive, it is in truth but an Adverb. It signifieth in our Common law, goods enough to discharge that burthen, which is cast upon the Executor or Heir, in the satisfying of the Testators or Ancestors debts or Legacies. See Brook titulo Assets per dissent: by whom you shall learn, that whosoever plea∣deth Assets faith nothing, but that he against whom he pleadeth hath enough descended or come to his hands, to discharge that which is in demand. The Author of the new Terms of law maketh two sorts of Assets, viz. assets par discent, and assets enter mains; the former being to be alleged against an Heir, the other against an Executor or Administor.

Assigne (assignare) both it self and the French assigner come of the Latine. It hath two sig∣nifications: one general, as to appoint a depu∣tè, or to set over a right unto another. In which signification, Briston, fo. 122. saith, This word was first brought into use for the fa∣vour of Bastards, because they cannot run un∣der the name of Heirs to their Fathers, and therefore were and are comprised under the name of Assignees. The other signification of this word is special, as to appoint at, or set forth, viz. to assign Ertor, Old nat. B. fo. 19. is to shew in what part of the Process Error is committed. To assign false Iudgement, co∣d••m fo. 17. that is, to declare how and where the judgement is unjust. To assign a false ver∣dict, codem fol. 112. and to assign an Oath to be false, an. 9 R. 2. c. 3. To assign the Ces∣sor, Old nat. br. fol. 1341. to shew how the Plaintiff had cessed, or given over. To assign waste, is to shew, wherein especially the waste is committed, Reg. orig. f. 72.

Assign, in the general signification is used, an. 20 Ed. 1. & anno 11 H. 6. c. 2. in these words, Iustices assigned to take Assises. And the Substantive (assignment) hath the same signification, West symb. parte 1. lib. 2. sect. 496. & seq. In which manner is also used the Ad∣jective (assignee, assignatus) viz. for him that is appointed or deputed by another, to do any Act, or perform any business, or enjoy any com∣modity. And an assignee may be either in deed, or in Law. Assignee in deed, is he that is ap∣pointed by a Person: an assignee in Law, is he whom the Law so maketh, without any ap∣pointment of the Person. Vide Dyer, fol. 6. nu. 5. Perkins in Grants saith, that an assignee is he that occupiesh a thing in his own right: and Deputè, he that doth it in the right of a∣nother.

Assise (assisa) commeth of the French word assise, which in the grand Customary of Normandy, c. 24. is defined to this effect: Assise is an Assembly of Knights and other sub∣stantial men, with the Bailiff or Iustice, in a certain place, and at a ceptain time appointed. And again, c. 55. Assise is a Court, in the which whatsoever is done, ought to have per∣petual strength. This Norman word assise, commeth of the French asseoire, i. collocare, to settle or bestow in some place certain: as S'asseoir, is to fit down by another. And me∣taphorically it is used of things incorporeal, as asseoir son jugement sur quel que lieu, is, inter∣ponere judicium suum. Of this Verb commeth the Participle assis, as estre assis, i. sedere. And this Participle in the grand Customary of Normandy, c. 68. is used as we would say, ap∣pointed, limited, or determined, viz. au jour qui est assis àfaire la battaille, se doibuent les champions offrir à la justice; That is, At the day which is appointed for the combat, the Champions ought to offer themselves to the Iustice. So that by all these places compared together, it is evident whence the original of this word assise floweth. How diversly it is u∣sed in our Common law, it followeth that we declare. First, Littleton in the Chapter Rents saith, that it is aequivocum: where he setteth down three several significations of it; one, as it is taken for a Writ: another, as it is used for a Iury: the third, as for an Ordinance. And him, he that listeth may read more at large. My Collections have served me thus; first, as∣sise is taken for a Writ directed to a Sheriff, for the recovery of possession of things immove∣able, where of your self or your Ancestors have been disseised. And this is as well of things corporal, as incorporeal rights, being of four sorts as here they follow in their order.

Assise of novel disseisin (assisanovae disseisinae) lyeth, where a Tenent in fee-simple, fee-tail, or for term of life, is lately disseised of his Lands or Tenements, or else of a Rent-ser∣vice, Rent-seck, or Rent-charge, of common of Pasture, of an office, of toll, tronage, passage, pownage, or for a Nusance levied, and divers other such like. For confirmation whereof you may read Glanvile li. 10. c. 2. Bracton li. 4. tract. 1. per totum. Britton c. 70. & seq. Reg orig. fol. 197. Fitz. Nat. br. fo. 177, 178, 179. New book of Entries, fo. 74. col. 3. West. 2. c 25. anno 13 Ed. 1. And to this may aptly be added the Bill of fresh force (friscae fortiae) which is directed to the Officers or Ma∣gistrates of Cities or Towns corporate, being a kind of Assise for recovery of possession in such places within forty daies after the force, as the ordinary Assise is in the County. Fitzh. Nat. br. fol. 7. c. This the Civilians call Judicium

possessorium recuperandi.

Assise of mort d'auncester (assisa mortis an∣tecessoris) lyeth where my Father, Mother, Brother, Sister, Uncle, Aunt, &c. died seised of Lands, Tenements, Rents, &c. that he had in Fee-simple, and after his death a Stranger aba∣teth: and it is good as well against the Abatour, as any other in possession. How likewise this is extended, see Bracton lib. 4. trast. 3. per to∣tum. Britton ca. 70. cum multis sequent. Fitzh. Nat. br. fo. 114. Regist. orig. fo. 223. This the Civilians call Judicium possessorium adipiscen∣d••.

Assise of darrein presentment, (assisa ulti∣mae praesentationis) lyeth, where I or mine An∣cestor have presented a Clark to a Church, and after (the Church being void by the death of the said Clark, or otherwise) a Stranger pre∣senteth his Clark to the same Church, in di∣sturbance of me. And how otherwise this Writ is used, see Bracton l. 4. tract. 2. Reg. orig. fo. 30. Fitzh. Nat. br. fo. 195.

Assise de utrum (assisa utrum) lyeth for a Parson against a Lay-man, or a Lay-man against a Parson, for Land or Tenement doubtfull, whether it be lay-fee, or free-alms. And of this see Bracton li. 4. sract. 5. ca. 1. & seq. Britton ca. 95. The reason why these Writs be called assises, may be divers: First, because they settle the possession, and so an outward right in him that obtaineth by them. Second∣ly, they were originally sped and executed at a certain time and place formerly appointed. For by the Norman law, the time and place must be known forty days before the Iustices sate of them: and by our Law there must be likewise fifteen daies of preparation, except they be tryed in those standing Courts of the King in Westminster, as appeareth by F. N. B. fo. 177. d, e. Lastly, they may be called As∣sises; because they are tryed most commonly by especial Courts, set and appointed for the purpose, as may be well proved not only out of the Customary of Normandy, but our books also: which shew, that in antient times Iu∣stices were appointed by special Commission, to dispatch controversies of possession, one or more, in this or that only County, as occasi∣on fell out, or disseisins were offered, and that as well in Term time, as out of Term: where∣as of later daies, we see that all these Commis∣sions of Assises, of Eyr, of Oyer and Terminer, of Gaol-delivery, and of Nisi prius, are dispatched all at one time, by two several Circuits in the year, out of term, and by such as have the greatest sway of Iustice, being all of them ei∣ther the Kings ordinary Iustices of his Benches, Sergeants at the Law, or such like.

Assise, in the second signification, according to Littleton, is used for a Jury. For (to use his own example) it is set down in the be∣ginning of the Record of an Assise of novel dissei∣sin, assisa venit recognatura, which is as much as to say, as Juratores ven••unt recognituri. The reason why the Iury is called an Assise, he gi∣veth to be this, because by writ of Assise, the Sheriff is commanded, quod faciat duodecim li∣beros & legales homines de viceneto, &c. Videre Tenementum illud, & nomina corum imbreviari, & quòd summoneat eos per bonas summonitiones, quòd sint coram Justiciariis, &c. parati inde fa∣cere recognitionem, &c. This is (as if he should have spoken shorter) Metonymia effecti. For they are called the Assises, because they are summoned by vertue of the Writ so termed. And yet the Iury summoned upon 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 abusively so termed. Assise in this signica∣tion is divided in magnam & parvam, Glanvile, li. 2. c. 6, & 7, &c. and Britton c. 12. where it appeareth, wherein the great Assise differeth from the petit Assise; whom I wish to be read, by those who would be further instructed in this point. For this place thus much in short. The former four kinds of Assises used in actions only possessory, be called petit assises, in respect of the grand Assise. For the Law of fees is grounded upon two rights: one of possession, the other of property: and as the grand Assise serveth for the right of property, so the petit as∣sise serveth for the right of possession. Horns mirror of Justices, l. 2. c. de novel. disseisin.

Assise in the third signification according to Littleton, is an Ordinance or Statute: as the Statute of bread and ale made, anno 51 H. 3. is termed the assise of bread and ale (assisa panis & cervisiae) Register orig. fol. 279. b. The Assise of Clarendon (assisa de Clarendon) where∣by those that be accused of any hainous crime, and not able to purge themselves by fire and water, but must abjure the Realm, had liber∣ry of fourty daies to stay, and try what succour they could get of their Friends, towards their sustenance in exile. Stawnf. pl. cor. fo. 118. out of Bracton, li. 3. tract. 2. cap. 16. num. 2. Of this also Roger Hoveden maketh mention, and more par∣ticularly than any I have heard, parte poster, su∣orum annalium, fo. 313. b. in Henrico secundo. Assise of the Forest (assisa de Foresta) which is a statute or condition touching orders to be ob∣served in the Kings Forest. Manwood parte 1. of his Forest laws, p. 35. Crompton in the Court of Justices of the Forest, per totum, fo. 146. & seq. And the assise of the King, anno 18.

Edw. 1. Stat. 1. called the Statute for view of Frank-pledge. And these be called assises, be∣cause they set down and appoint a certain mea∣sure, tate, or order in the things which they con∣cern. Of Assise in this singnification doth Glanvile also speak, lib. 9. c. 10. in fine. Ge∣raliter verum est quod de quolibet placito quod in comitatu deducitur & terminatur, misericordia quae inde provenit, vicecomiti aebetur: quae quan∣ta sit, per nullam assisam generalem determina∣dum est. And thus much touching Littletons division. But if we mark well the Writers of the Law, we shall find this word (assise) more diversly used, than this Author hath noted. For it is sometime used for the measure or quanti∣ty it self, (and that per Metonymiam effecti) be∣cause it is the very scantline described or com∣manded by the Ordinance: as for example, we say, when Wheat, &c. is of this price, then the bread, &c. shall be of this assise. This word is further taken, for the whole process in court upon the Writ of assise, or for some part there∣of, as the issue or verdict of the Jury. For ex∣ample, assises of new disseisin, &c. shall not be taken, but in their shires, and after this man∣ner, &c. Mag. Char. c. 12. And so it seemeth to signifie, Westm. 2. cap. 25. an. 13 Ed. 1. in these words let the Disseisour allege no false exceptions, whereby the taking of the As∣sises may be deferred, &c. And anno 34 Ed. 1. Stat. 2. if it be found by assise: the assise is ar∣rained: to aver by the assise: the assise by their default shall pass against them: and also anno 1 H. 6. c. 2. assises awarded by default of the Te∣nents, &c. Lastly by Merton, cap. 4. an. 20 Henry 3. certified by the assise, quit by the assise, &c. And in this signification Glanvile calleth it, magnam assisam domins regis: quae ex duodecim ad minus legalium hominum sacra∣mentis consistit. li. 2. c. 7. Bracton useth it in like sort: as assisa cadit in transgressionem, lib. 4. c. 30. & assisa cadit in perambnlationem, eodem c. 31. num. 2. Fleta defineth an assise in this signi∣fication, thus: Assisa in jure possessorio, est quae∣dam recognitio duodecim hominum juratorum, per quam Justicjarii certiorantur de articulis in bre∣vi contentis. And assise also thus signifying, is said sometime to pass (per modum assisae) and sometime in modum juratae; in manner of an as∣sise, when only the Dissesin in question, is put to the tryal of the Twelve; in manner of a Iury, when as any exception is objected to dis∣able the interest of the Disseisee, and is put to be tryed by the Twelve, before the assise can pass: as for example; Quaestio status, causa suc∣cessionis, causa donationis, pactum sive conditio vel conventio, voluntas & disimulatio, transactio, vel quistaclamatio vel remissio confirmatio sive consen∣sus, propria usurpatio rei propriae, difficultas Ju∣dicii, justum judicium, finis, chirographum, intru∣sio in rem alienam, vel disseisina, si incontinenti rejiciatur, negligentia quae per transitum temporis excludit actionem. Fleta lib. 4. c. 10. § 1. whom read also to this point, c. 11. §. Si autem à do∣mino, and at large, c. 16. ejusdem libri. & l. b. 5. c. 6. §. Item vertitur assisa & seq. And note, that assise in this signification, is taken four waies, Old nat. br. fol. 105. The first is assise at large, which is taken as well upon other points, as upon the disseisin. For example, where an In∣fant bringeth an assise, and the deed of his An∣cestor is pleaded, whereby he claimeth his right or foundeth his title, then the assise shall be taken at large: that is, the Jury shall enquire not only whether the Plaintiff were disseised or not by the Tenent, but also of these two points: viz. whether his ancestor were of full age, of good memory, and out of Prison, when he made the Deed pleaded. Another example out of Kitchin, fol. 66. The Tenent pleadeth a forein release, in bar to an assise, whereupon the cause was adjourned. At the day the Tenent maketh default. Therefore the assise was taken at large: that is, not only whether the Plaintiff were disseised, but also whether there be any forein release. A third example you may read in Littleton, c. Estates upon Condition. The second manner of assise in point of assise (assisa in modum assisae) which is, when the Tenent, as it were setting foot to foot with the Demandant, with∣out farther circumstance, pleadeth directly con∣trary to the Writ, no wrong, no disseisin. The third manner is, assise out of the point of assise (assisa extra assisam, velin modum jurata) viz. when the Tenent allegeth some by exception, that must be tryed by a Jury, before the prin∣cipal cause can proceed: as if he plead a forein release, or forein matter tryable in another County. For in this case, the Justices refer the Record to the Court of Common pleas, for the Tryal of the Forein pleas, before the dissei∣sin can come to be decussed. Of this sort read divers others examples in Bracton l. 4. parte 1. c. 34. For there be of them (as he saith) and Britten also, c. 52. both dilatory and perempto∣ry, The fourth and last manner is: Assise of right of dammages, and that is, when the Te∣nent confessing a putting out, and referring it to a demurrer in Law, whether it were rightly done or not, is adjudged to have done wrong. For then shall the Demandant have a Writ to recover dammages, which is called assise to recover dammages, as also the whole processe.

Assise, is further taken for the Court, place, or time, when and where the Writs and pro∣cesses

of the assise be handled or taken. And in this signification assise is general: as when the Justices pass their several Circuits, every couple with their Commission, to take all assises twice in the year. For he that speak∣eth of any thing done, at that time, and in that place, will commonly say, that it was done at the general assise. It may likewise be speci∣all, in this signification: as if an especial Com∣mission should be granted to certain (as in anti∣ent times they often were, Bracton lib. 3. c. 11. in fine) for the taking of an assise upon one dis∣seisin or two: any thing done in the Court before them, a man would say, it was done at such an especial assise. And in this very signi∣fication doth Glanvile use it, lib. 9. c. 12. in these words: Sicontra dominum suum & non infra assisam, tunc distringitur ••se occupator, &c. and lib. 13. cap. 32. in these words: cùm quis itaque infra; assisam domini regis, i. infra tempus à domino rege de consilio procerum ad hoc constitutum, quandoque majus, quandoqne minus censetur, alium injuste & sine judicio dis∣seisiverit &c. Of this word Assise you may read in M•• Skene de verbo signif. de verbo Assise, and by him understand, that in Scotland also it is diversly used, viz. in five several significati∣ons. And touching the fifth signification, he hath these words. An Assise is called a certain number of men lawfully summoned, received, sworn and admitted to judge and discern in sundry civil causes, like as Perambulations, Cognitions, Molestations, pourpestrure, divisi∣on of Lands, serving of Briefs, and in all and sundry Criminal causes, decided and tryed by an assise: whereof there are two kinds: one ordinarily in use, which may be called a little assise of the number of 13, or 15 persons: the other, called a Great assise, which consist∣eth of 25. Persons, &c. The rest is very worth the reading.

Assisa continuanda, is a Writ directed to the Justices assigned to take an assise, for the con∣tinuance of the cause, in case where certain Records alleged, cannot in time be procured by the party that would use it, Reg. orig. f. 217.

Assisa praeroganda, it is a Writ directed to the Justices of Assise, for the stay of proceed∣ing, by reason of the Kings business, wherein the party is imployed. Register orig. fo. 208, and 221.

Association (associatio) is a patent sent by the King, either of his own motion, or at the sure of the Plaintiff, to Justices appointed to take assises of novel disseisin, or of Oyer and Ter∣miner, &c. to take others unto them as fel∣lows & collegues in that business. The deriva∣tion is plain: the examples and sundry uses here∣of you may find in Fitzh. nat. br. fol. 185. E. & fo. 111. B. but more particularly in the Reg. orig. fol. 201, 202, 205, 206, 207, 223, 224.

Assoile (absolvere) commeth of the French (absouldre) and signifieth to deliver or set free from an excommunication, Stawnf. pl. cor. fol. 72. in words to this effect: otherwise the De∣fendant should remain in Prison untill the Plaintiff were assoiled, that is, delivered from his excommunication.

Assumpsit, is a voluntary promise made by word, whereby a man assumeth, or taketh upon him to perform or pay any thing unto a∣nother. This word containeth any verbal pro∣mise made upon consideration, which the Ci∣vilians express by divers words, according to the nature of the promise, calling it sometime pactum, sometime sponsionem, sometime promis∣sionem, pollicitationem or constitutum; the word seemeth to be drawn from the Latine (assump∣tio) quae significat professionem, l. π. ad municipa∣lem.

AT

Attache (attachiare) commeth of the French (attacher, i. figere, nectere, illigare, defigere, alli∣gare.) In our Common law it signifieth, to take or apprehend by Commandement or Writ. And M. Lambert in his Eirenarch, lib. 1. cap. 16. maketh this difference between an Arrest and an Attachment: that an arrest proceedeth out of lower Courts by Precept, and an attach∣ment out of higher Courts by Precept or Writ: and that a Precept to arrest, hath these formal words (ducifacias, &c.) and a Writ of attach∣ment these words (praecipimus tibi quòd atta∣chies talem, & habeas cum coram nobis, &c.) whereby it appeareth, that he which arresteth, carrieth the party arrested to another higher Person to be disposed of forthwith, he that at∣tacheth, keepeth the Party attached, and pre∣senteth him in Court at the day assigned in at∣tachment. Yet I observe out of Master Kit∣chin, that an attachment issueth out of a Court Baron, which is a low Court, cap. Attach∣ment in Court Baron, fol. 79. Another difference there is, that an arrest lyeth only upon the bo∣dy of a man, and an attachment sometime up∣on his goods, as shall be shewed in the sequel. It may be likewise asked how an attachment and a (capias) do differ: and how an attach∣ment and a (cape) and an attachment and a Distress. First, that an attachment differeth from a (capias) it appeareth by Kitchin in these words: fol. 79. Note that in a Court Ba∣ron a man shall be attached by his goods; and a (capias) shall not go out thence: whereby I gather, that an attachment is more general, taking hold of a mans goods, and a (capias) of

his body only. Then an attachment differeth from a (cape) in this, because a (cape) be it (cape magnum) or (cape parvum) taketh hold of immoveables, as Lands or Tenements, and are properly belonging to action real: as you may gather out of their forms, in Fitzh. nat. br. whereas attachment hath rather place in Acti∣ons personal, as Bracton plainly setteth down, lib. 4. tract. 4. cap. 5. num. 3. Where never∣theless it appeareth, that a (cape) may be likewise used in an Action personal. An at∣tachment (as is formerly said) taketh hold of moveable goods, or the body. For it appear∣eth by Kitchin, fol. 263. that a man may be at∣tached by an hundred Sheep. Read Skene, de verbo signif. verbo Attachiamentum.

Now it followeth to shew how Attachment differeth from a Distress. For so it doth, as may be shewed out of Kitchin, fol. 78. where he saith, that Process in Court Baron, is Sum∣mons, Attachment, and Distress, our of the Old nat. br. fol. 27. where it is said, that a Process in a (quare impedit) is Summons, Attachment, and one Distress, and again, fol. 28. where speaking of the Writ Ne admittas) he saith thus: And the Process is one prohibition; and upon the prohibition an Attatchment or Di∣stress; and fol. 32. in a Writ of (Indicavit) you have these words: And after the attachment returned, the Distress shall go out of the Roles of the Justices. Bracton on the other side, l. 5. tract. 3. c. 4. num. 2. sheweth, that both (at∣tachiamentum, & magnum cape, districtiones sunt.) Of which opinion Fleta also is, li. 5. ca. 24. §. si autem aed. But there also he saith, that (attachiamentum est districtio personalis, & cape magnum districtio realis.) So that by his opinion, districtio is (genus) to Attachment. Britton in his 26 Chapter, hath words to this effect: But in Attachment of Felony, there commeth no Distress, otherwise than by the body. And if the Sheriff return in the cases aforesaid, that the Trespassours have nothing in his Bayliwick, by the which they may be di∣streined, it must be awarded that he take their bodies &c. In which place, an Attachment is plainly used, for an apprehension of an Offen∣der by his goods. So that to conclude, I find no difference between an Attachment, and a Distress, but these two: That an Attachment reacheth not to Lands, as a Distress doth; and that a Distress toucheth not the body (if it be properly taken) as an attachment doth. Yet are they divers times confounded, as may ap∣pear by the places formerly alleged, and by Glanvil. lib. 10. cap. 3. and Fleta lib. 2. cap. 66. & seq. Howbeit, in the most common use, an At∣tachment is an apprehension of a man by his Body, to bring him to answer the action of the Plaintiff: a Distress is the taking of another mans goods, for some real cause, as rent, ser∣vice, or such like, whereby to drive him to re∣plevy, and so to be Plaintiff in an action of Trespass, against him that distreined him. And so much for the difference, and coherence of these words. See also Distress.

I find in West. parte 2. symbolaio. titulo Pro∣ceedings in Chancery, sect. 22, 23. that At∣tachment out of the Chancery is two-fold, one simple, and originally decreed for the appre∣hension of the party: the other, after return made by the Sheriff, Quod defendens non est in∣ventus in Baliva sua, with Proclamations made through the whole County, in such pla∣ces, as he shall think meet, that the party appear by a day assigned, and that he be at∣tatched nevertheless, if he may be found. This second kind hath an affinity with the Cano∣nists (viis & modis) at the which if the Party appear not, he is excommunicate: or with the Civilians viis & modisunà cum intimatione for in the Chancery, if he come not upon this, he is forthwith pressed with a Writ of rebellion.

There is an attachment of Privilege, which is a power to apprehend a man in a privileged place, or else, by vertue of a mans privilege, to call another to this or that Court, where∣unto he himself belongeth, and in respect whereof he is privileged. New book of En∣tries, verbo Privilege, fo. 431. col. 2. There is also a forein attachment, which is an attach∣ment of a Foreiners goods found within a Li∣berty or City, to satisfie some Creditor of his within the City. There is also an attachment of the Forest, which is a Court there held. For as (M. Manwood saith) in his first Book of forest Laws, pag. 90, 62, 99. there be three Courts of the Forest, where the lowest is called the (attachment) the mean, the (swaynemote) the highest, the (Justice seat in Eyr.) This Court of attachment seemeth so to be called, because the Verderours of the Forest have therein no other authority, but to receive the attachments of Offendours against vert and venison, taken by the rest of the Officers, and to enroll them, that they may be presented and punished at the next Justice-seat. Man∣wood, parte 1. pag. 93. And this attaching is by three means, by Goods and Cattels, by Bo∣dy, Pledges, and Mainprise, or by the body only. The Court is kept every fortie daies throughout the year. And he that hath oc∣casion to learn more of this, I refer him to M. Manwood, loco quo supra, and to M. Crompton in his Court of the Forest. Attachment is com∣manded in Writs, the diversitie whereof

you may see, in the Regist. orig. under the word Attachiamentum, in Indice.

At large, see Assise at large in the word As∣sise, and Old nat. br. fol. 105. Verdict at large, Littleton, fo. 98. To vouch at large, Old nat. br. fol. 108. To make title at large Kitch. f. 68. See Barre.

Attaine (attincta) commeth of the French, as you shall see in the word (attainted:) But as it is a Substantive, it is used for a Writ, that lyeth after Judgement, against a Jury that hath given a false verdict in any Court of Record (be the action real or personal) if the debt or dammages surmount the sum of 40 s: What the form of the Writ is, and how in use it is ex∣tended, Fitz. nat. br. f. 105. and the new Book of Enteries, f. 84. colum. 1. The reason why it is so called, seemeth to be, because the party that obtaineth it, endeavoureth thereby to touch, deprehend, or stain the Jury with perjury, by whose verdict he is grieved. What the punishment of this perjury is, or of him that bringeth the Writ against the Jury, if he fail in his proof, see Glanvil, lib. 2. cap. 19. Fitz. nat. br. fol. 109. K. L. & 110. A. B. C. D. &c. the Terms of the Law, verb. Attaint. Fortescue, cap. 26. Smith de rep. Anglo. lib. 3. cap. 2. and anno 11 H. 7. cap. 21. & anno 23 H. 8. cap. 3. and others. In what diversity of Cases this Writ is brought, see the Register orig. in Indice.

Attainted (attinctus) commeth of the French (temdre, i. tingere) the Participle whereof is (teinct, i. tinctus) or else of (attaindre, i. asse∣qui, attingere.) It is used in our Common law, particularly for such as are found guilty of some crime or offence, and especially of Fe∣lony or Treason. Howbeit a man is said to be attainted of Disseisin, Westm. 1. cap. 24 & 36. anno 3 Ed. 1. And so it is taken in French likewise (as estre attaint & vayncu en aucuncas) is to be cast in any cafe. Which maketh me to think that it rather commeth from (attain∣dre) as we would say in English catched, o∣vertaken, or plainly deprehended. And Brit∣ton, cap. 75. useth the Participle (attaint) in the sence that we say (attained unto) A man is attainted by two means: by Appearance or by Proces••. Stawnf. pl. cor. fol. 44. Attainder by Appearance, is by confession, by battel, or by verdict, idem fo. 122. Confession whereof attaint groweth, is double: one at the Bar before the Judges, when the Prisoner upon his endictment read, being asked guilty or not guilty, answereth guilty, never putting himself upon the verdict of the Jury: the other is be∣fore the Coroner in Sanctuary, where he upon his Confession was in former times constrain∣ed to abjure the Realm: which kind also, of the effect, is called attainder by abjuration. Idem fol. 182. Attainder by battel is, when the party appealed by another, and chusing to try the truth by combat rather than by Jury, is vanqui∣shed. Idem fol. 44. Attainder by verdict is, when the Prisoner at the bar, answering to the endire∣ment, not guilty; hath an enquest of life & death passing upon him, & is by their verdict or doom pronounced guilty. Idem fol. 108. & 192. Attainder by Process otherwise called attain der by default, or attainder by outlagary) is where a Partie flyeth, and is not found untill he have been 5 times called publickly in the Coun∣ty, and at the last out-lawed upon his default. Idem f. 44. Ifind by the same Author, f. 108. that he maketh a difference between Attainder and Conviction, in these words: And note the di∣versity between Attainder and Conviction, &c. And with this agreeth the Statute, anno 34, & 35 H. ••. cap. 14. in ipso principio, and anno 1 Ed. 6. cap. 12. in these words: that then e∣very such Offender being duly thereof convict∣ed, or attainted, by the Laws of this Realm &c. And again, in these words: every Wo∣man that is, or shall fortune to be Wife of the person so attainted, convicted, or out-law∣ed, &c. To this you may likewise adde the Sta∣tute, an. 2 & 3 Ed. 6. c. 33. And Ifind by Stawnf. pl. cor. f. 66. that a Man by our antient Laws, was said to be convicted presently upon the verdict (guilty,) but not to be attainted, until it appear∣ed he was no clerk or being a Clerk, & deman¦ded of his Ordinary, could not purge himself. So that a man was not attainted upon Convi∣ction, except he were no Clerk: and in one word it appeareth, that Attainder is larger than Con∣viction; Conviction being only by the Jury.

And attainder is not before Judgement, Per∣kins Graunts, num. 27, 29. Yet it appeareth by Stawnf. fo. 9. that Conviction is called attainder sometime. For there he saith, that the verdict of the Jury doth either acquit, or attaint a man: and so it is, Westm. pr. cap. 14. anno 3 Edw. 1. This antient Law touching the Conviction and Purgation of Clerks, is altered by an. 23 Eliz. cap. 2. as you may further read in Clergie.

Attainder (Attinctus) though it be most used in matters of Felony or Treason: yet it is likewise applied to inferiour transgressions, as to Disseisin, Westm. 1. cap. 36. an. 3 Ed. 1. and Britton cap. 26. See Attaint, and Attainted.

Attendant (attendens) commeth of the French (attendere, i. demorari, operiri, expectare, prae∣stolari) it signifieth in our Common law, one that oweth a Dutie or Service to another, or after a sort dependeth of another. For ex∣ample, there is a Lord, Mesn, and Tenent: the Tenent holdeth of the Mesn by a pennie; the Mesn holdeth over by two pence. The mean releaseth to the Tenent all the right he hath in

the Land, and the Tenent di••••h. His wife shall be endowed of the Land, and she shall be attendent to the Heir of the third part of the peny, and not of the 3d. part of the two pence. For she shall be endowed of the best possession of her husband. Another hath, Kithin. f. 209. in these word: where the wife is endowed by the gardian, she shall be attendant to the gardian and to the heir at his full age: with whom a∣greeth Perkins also in Dower. 424.

Atturney (atturnatus) cometh of the french (tourner, i. vertere) as (tourner son esprit a faire quelque chose, i. animum adrem aliquam incli∣nare.) Thence cometh the participle (tourne, i. versus, conversus) and the Substantive (tour, i. vices, vicissitudo) as, chacun a sontour, i. quilibet sua vice. It signifieth in our Common law, one appointed by another man to do any thing in his stead, as much as procurator) or (syndicus) in the Civil law, West. parte 1. Symbolaogr. lib. 2. sect. 559. defineth it thus: Atturneys be such persons, as by the consent, commandment, or request to take heed, see to, and take upon them the charge of other mens businesse in their absence, by whom they are commanded or requested. And where it seemeth that in an∣cient time, those of authority in Courts, had it in their arbitrement, whether they would suffer men to appear, or sue by any other than themselves, as is evident by Fitzh. nat. br. fol. 25. in the writ Dedimus potestatem de atturnato fa∣ciendo, where it is shewed, that men were dri∣ven to procure the Kings writs or letters pa∣tents to appoint Atturneys for them: it is si∣thence provided by Statutes, that it should be lawfull so to do without any such circuit, as by the Statute, anno 20. H. 3. cap. 10. anno 6 Edw. 1. c. 8. anno 27 ejusdem. stat. 2. anno 12 Edw. 2.1. anno 15 ejusdem, cap. unico. anno 7 Ric. 2. cap. 14. anno 7 H. 4. cap. 13. anno 3 H. 5. cap. 2. anno 15 Hen. 6. cap. 7. & anno 17 H. 7. cap. 2. is to be proved. And you may set great diversity of writs, in the table of the Regi. origen. wherein the King by his writ com∣mandeth the Judges to admit of Atturneys. Whereby there grew at the last so many unskil∣fnl Atturneys, and so many mischiefes by them, that provision for restraining them was re∣quisite. Wherefore anno 4 H. cap. 18. it was ordained, that the Justrces should examine them, and displace the unskilful. And again, anno 33 H. 6. cap. 7. that there should be but acertain number of them in Norfolk and Suf∣folk. In what cases, a man at this day may have an Atturney, and in what not, see Fitzh. ubi supra. Atturney is either general or special; Atturney general is he, that by generall au∣thority is appointed to all our affaires or sutes: as the Atturney general of the King, pl. cor. fol. 152. which is as much as (Procurator Caesaris) was in the Romane Empire. Atturney general of the Duke, Cromptons jurisd. fol. 105. Atturney special or particular is he, that is em∣ployed in one or more causes particularly spe∣cified. Atturneys-general, be made after two sorts: either by the Kings letters patents be∣fore him or the Lord Chancellour, or by our ap∣pointment before Justices in Eyr in open court, Glanvile l. 11. c. pri. Britton, c. 126. whom of this thing you may read more at large. There be also in respect of the divers Courts, Atturneys at large, and Atturnies special, longing to this or that Court only. The name is borrowed of the Norman, as appeareth by the Custumary, c. 65. And I find the word (Attornaty) or as some read (Turnati) in the same signification in the title de statu regularium. ca. unico. Sect. Porro in sexto.) where the glosse saith, that Atturnati dicuntur Procuratores apud acta eonstituti. Our old Latine word for this seems to be (responsalis) Bract. lib. 4. cap. 31. & lib. 5. parte 2. cap. 8. and so it is in Scotland at this day, but especially for the Atturney of the Defendant, as (prolocutor) is for the Perssewer. M. Skene de verb. significa∣tione. Responsalis, as Sigonius witnesseth in his first book De regno It aliae, was in an ancient time, the title of the Popes Ambassador, Page 11.

Atturney of the Court of Wards and Liveries (Atturnatus regis in curia Wardorum & Libera∣tur arum) is the third office in that Court, who must be a person learned in the lawes of the Land, being named and assigned by the King. At his admission into the office, he taketh an oath before the Master of the said Court, well and truly to serve the King, as his Attorney in all Courts, for and concerning any matter or cause, that toucheth the possessions and heredi∣taments limited to the Survey and govern∣ment of this Court; and to procure the Kings profit thereof: truly to counsel the King, and the Master of the Court, in all things concern∣ing the same, to the best of his cunning, wit, and power: and with allspeed and diligence, from time to time at the calling of the Master, to endeavor himself for the hearing & determina∣tion indifferently of such matters and causes, as depend before the Master: not to take any gift or reward in any matter or cause depend∣ing in the Court, or elsewhere, wherein the King shall be party, whereby the King shall be hurt, hindred, or dis-inherited: to do to his power, twit and cunning, all and every thing that appertaineth to his office.

Atturney of the Court of the Dutchie of Lanca∣ster (Atturnatus curiae Ducatus Lancastriae) is the second Officer in that Court; and seemeth, for his skill in law, to be there placed as (asses∣sor) to the Chancellor of that Court, being for

the most part, some honorable man, and cho∣sen rather for some especial Trust reposed in him, to deal between the King and his Te∣nents, than for any great learning, as was usual with the Emperors of Rome, in the choice of their Magistrates.

Attournment (attornamentum) commeth of the French (tourner, i. vertere) and in our Common law, is an yielding of the Tenent to a new Lord, or acknowledgement of him to be his Lord. For otherwise he that buyeth or obteineth any Lands or Tenements of ano∣ther, which are in the occupation of a third, cannot get possession: yet see the Statute, anno 27 H. 8. cap. 16. The words used in At∣turnment are set down in Littleton. I agree me to the Grant made to you, &c. But more common Atturnment is to say: Sir, I atturn to you by force of the same Grant: or I be∣come your Tenent, &c. or else deliver unto the Grantee a pennie, halfpenny, or farthing, by way of Attournment, Littleton lib. 3. cap. Attournment, 10. whom you may read more at large, and find that this Definition pro∣ceedeth from more Law than Logick: because he setteth down divers other Cases in the same Chapter, whereto Attourn∣ment apperraineth as properlie as unto this. But you may perceive there, that Atttournment is the transposing of those Du∣ties that the Tenent ought to his former Lord, unto another, as to his Lord: and also, that Attournment is either by word, or by act, &c. Also attournment is voluntarie, or else compulsorie, by the Writ termed Per quae servitia, Old nat. br. fol. 155. or sometime by Distresse, Fitzh. nat. br. fol. 147. Lastly, At∣tournment may be made to the Lord himself, or to his Steward in Court, Kitchin fo. 70. And there is attournment in deed, and attourn∣ment in Law, Coke vol. 6. fo. 113. a. Attourn∣ment in Law, is an Act, which though it be no express Attournment, yet in intendment of Law is all one.

Atturnato faciendo vel recipiendo) is a Writ which a man owing sute to a County, Hundred, Wapen-take, or other Court, and desiring to make an Attourney to appear for him at the same Court: whom, he doubteth whether the Shetiff or Bailiff will admit or not for his Attourney there, purchaseth, to command him to receive such a man for his Attourney, and admit his appearance by him. The form and other circumstances whereof, see in Fitzh. nat. br. fo. 156.

AU

Audiendo & terminando, is a Writ, but more properlie termed a Commission, directed to tertain persons, when as any greater Assem∣bly, Insurrection, or heinous Demeanour or Trespass is committed in any place; for the appeasing, and punishment thereof, which you may read at large, in Fitzh. nat. br. fol. 110. See also Oyer & Terminer.

Audience Court (Curia audientiae Cantuarien∣sis) is a Court belonging to the Archbishop of Canterbury, of equall authority with the Arches Court, though inferiour both in digni∣tie and antiquity. The original of this Court was, because the Arch-bishop of Canterbury heard many Causes extrajudicially at home in his own Palace, in which, before he would fi∣nally determine any thing, he did usually com∣mit them to be discussed by certain learn∣ed men in the Civil and Canon laws, whom thereupon be termed his Auditors. And so in time it grew to one especial man, who at this day is called (Causarum negotiorum∣que audientiae Cantuariensis anditoriseu officialis.) And with this Office hath heretosore com∣monly been joined the Chancerie of the Arch-Bishop, who medleth not in any point of con∣tentious? Jurisdiction, that is, deciding of Causes between party and party (except such as are ven∣tilated pro forma only, as the confirmation of Bishops Elections, or such like) but only of Office, and especially such as are voluntariae jurisdictionis, as the granting of the custodie of the Spiritualities, during the vacation of Bishopricks, Institutions to Benefices, dispen∣cing with Banes of Matrimonie, and such like. But this is now distinguished in Person from the Audience. Of this Audience Court, you may read more in the Book, intituled De antiquitate Ecclesiae Britannicae historia.

Audita querela, is a Writ that lyeth against him, who having taken the Bond called (Sta∣tute-Merchant) of another, and craving or ha∣ving obtained execution of the same at the Maior and Bailiffs hands, before whom it was entered, at the complaint of the party who entered the same, upon suggestion of some just cause why execution should not begranted; as a Release, or other exception. This Writ is granted by the Chaunceler of England, upon view of the exception suggested, to the Ju∣stices of the Common bank, or of the Kings Bench, willing them to grant Summons to the Sheriff of the Countie, where the Creditour is, for his appearance at a certain day before them. See more in Old nat. br. fo. 66. and Fitzh. nat. br. fo. 102.

Auditour (auditor) commeth of the French auditeur) and in our Law, signifieth an Offi∣cer of the King, or some other great Personage, which yearlie by examining the Accounts of all under Officers accountable, maketh up a

general Book, that sheweth the difference be∣tween their receipts or burthen, and their al∣lowarces, commonly called allocations) as namely, the Auditours of the Exchequer take the accounts of those Receivors, which re∣ceive the revenues of the Augmentation: as also of the Sheriffs, Escheatours, Collectours, and Customers, and set them down and perfect them. Him that will read more of this, I re∣ferre to the Statute, anno 33. H. 8. ca. 33.

Auditors of the Prests, are also officers in the Exchequer, that do take, and make up the great accounts of Ireland, Barwick, the Mint, and of any money imprested to any man.

Auditour of the Receits, is an officer of the Exchequer, that fileth the Tellers bils, and maketh an entry of them, and giveth to the Lord Treasurer a certificate of the money re∣ceived the week before. He maketh also (De∣bentures to every Teller, before they pay a∣ny money, and taketh their accounts. He kepeth the Black book of the Receipts, and the Treasurers key of the Treasury: and seeth eve∣ry Tellers monies locked up in the new Trea∣sury.

Aventure, is a mischance, causing the death of a man, without Felonie: as when he is sud∣denly drowned, or burnt, by any sudden dis∣ease, falling into the water or fire, Britton ca. 7. where you may see what it differeth from Miladventure. See Misadventure.

Average (averagium) by M. Skenes opini∣on (verbo arage) de verborum significatione, com∣meth of the word (averia) i. a beast, and so consequently signifieth service which the Te∣nent oweth to the Lord, by horse, or carriage of horse. I have heard others probably derive it from the French (euvrage) or (euvre, i. opus.) It seemeth with us to have two divers signifi∣cations: For the first, Rastall titulo, Expo∣sition of words, maketh mention of the Kings a∣verages, which I take to be the Kings caria∣ges by horse or cart. Then anno 32. H. 8. ca. 14. and anno 1. Jacobi, ca. 32. it is used for a cer∣tain contribution that Merchants and others doe every man proportionably make toward their losses, who have their goods cast into the sea for the safegard of the ship, or of the goods and lives of them in the ship in time of a tem∣pest. And this contribution seemeth to be so called, because it is proportioned, after the rate of every mans average or goods caried.

Averiis captis in withernam, is a writ for the taking of cattel to his use, that hath his cattel taken unlawfully by another, and driven out of the County where they were taken, that hey cannot be replevied. Register origin. fol. 82. a. b.

Averment (verificatto) commeth of the French (averer, i. testari) as averer quelque meschancete, i. extrahere scelus aliquod in lucem ex occultis tenebris. It signifieth (according to the Author of the terms of Law) an offer of the Defendant to make good, or to justifie an ex∣ception pleaded in abatement or barre of the Plaintiffs act. But me thinketh it should ra∣ther signifie the act, than the offer or justify∣ing the exception, by divers places where I find it used. For example, an. 34. Ed. 1. stat 2. And the demandant will offer to aver by the assise or jury; where to offer to aver and to aver must needs differ: and again in the same statute, and the demandant will offer to averr by the country, &c. thirdly in the English, nat. br. fo 57. These errors shall be tried by averment &c.

Aver pennie (quasi Average pennie is money contributed toward the Kings averages. Rastal exposition of words. See Average.

Augmentation (augmentatio) was the name of a Court, erected the seven and twentieth year of Henry the 8. as appeareth by the 27. chapter of that years parliament. And the end thereof was, that the King might be justly dealt with touching the profit of such religious hou∣ses and their lands, as were given unto him by act of Parliament the same year not printed. For the dissolving of which court, there was authority given to Queen Mary, by the Par∣liament held the first year of her reign, ses. 2. cap. 10. which she afterward put in execution by her letters patents. The name of the Court grew from this, that the revenues of the Crown were augmented so much by the suppression of the said houses, as the King reserved unto the Crown, and neither gave nor sold away to o∣thers.

Aulne of Renesh wine. a. 1. Ed. 6. cap. 13. a∣lias, Awme of Renish wine. 1. Jaco. ca.p 33. is a vessel that containeth forty gallons.

Aulnogeour. See Alneger.

Ave, is the name of a writ for the which see (Ayle.)

Awncell weight, as I have been informed, is a kind of weight with scoles hanging, or hooks fastened at each end of a staff, which a man lifteth up upon his fore-finger, or hand, and so discerneth the equality or difference between the weight and the thing weighed. In which, because there may, and was wont to be great deceit, it was forbidden, anno 25 Edw. 3. stat. 5. ca. 9. & anno 34 ejusdem, cap. 5. and the even ballance only commanded; yet a man of good credit, once certified mee, that it is stil used in Leaden Hall at London among Butchers, &c. In the derivation of this word

I dare not be over confident. But it may probably be thought to be called (awnsell weight, quasi hand sale weight) because it was and is performed by the hand, as the other is by the beam. And if I should draw i•• from the Greek, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. cubitus, the part of the arm from the elbow to the fingers ends, I might challenge a good warrant of this from the Ro∣mans; who thence derived their (ancile) i. the luckie shield, that was said to be sent from heaven in a tempest to Numa Pompilius, toge∣ther with a voice, that the citie of Rome should be the mightiest of all others, so long as that shield remained in it.

Auncient demeasne (antiquum dominicum) is called (more at large) auncient demeasne of the King or of the Crown. Fitz. nat. br. fol. 14. d. It commeth of two French words (auncieu, i. veter, vetus, veteranus, antiquus, and of (demain, alias domain, i. publicum vectigal) It signifieth in our Common law, a certain te∣nure whereby all the mannors belonging to the Crown, in the dayes of Saint Edward, the Saxon King, or of William the Conquerour did hold. The number and names of which mannors, as all other belonging to common persons, he caused to be written into a book, af∣ter a survey made of them, now remaining in the Exchequer, and called Domes-day book. And those, which by that book do appear, to have belonged to the Crown at that time, and are contained under the title (Terraregis) be called auncient demeasn. Kitchin, fol. 98. and M. Gwin, in the Preface to his readings. Of these Tenents there were two sorts, one that held their land frankly, by Charter, and another that held by copie of Court-roll, or by verge, at the will of the Lord, according to the custome of the mannor. Fitz. nat. br. fol. 14. d. of which opinion also Britton is, ca. 66. nu. 8. The bene∣fit of this tenure, consisteth in these poines: first the Tenents of a mannor holding freely by Charter in this sort, cannot be impleaded out of the same mannor: and if they be, they may abate the writ, by pleading their tenure before or after answer made. Second∣ly, they be free of tolle for all things concerning their sustenance and husbandry. Thirdly, they may not be impanelled upon any enquest. Terms of the Law. But more at large by Fitz. nat. br. f. 14. d. whom read also fo. 128. a. &c. And as it appeareth by him, codem fol. 3. b, c, these Te∣nents held by the service of prowing the Kings land, by plashing his hedges, or by such like, to∣ward the maintenance of the Kings houshold; in which regard they had such Liberties given them, wherein to avoid disturbance, they may have writs to such as take the duties of Tolle in any market or fair, as likewise for immunitie of portage, passage and such like. Fitzh. natura brev. fol. 228. a, b, c, d. by which Authour also it appeareth, That no lands be to be accounted Antient Demeasne, but such as are holden in Socage. fol. 13. d, & 14 b, c. See Monstraverunt; and Fitzherb. fol. 14. and Dessendo quietum de telonio, fol. 226. Fleta maketh three tenures holding of the Crown, Ancient demeasne, by Echeate, and by Purchase, lib. 1. cap. 2. See De∣maine.

Auncient Demesn arere (antiquum dominicum à retro) is that auncient demeasn which the King granteth over to hold of a mannor, Kitch. fol. 67, b.

Avowè (Advocatus) see Advowè, Britton saith, that Avowè is he to whom the right of Ad∣vowzen of any Church appertaineth, so that he may present thereunto in his own name, and is called Avowè, for a difference from those that sometime present in another mans name, as a Gardian that presenteth in the name of his Ward: and for a difference also from them which have the lands whereunto an advowzen appertaineth, but only for term of their lives, or of yeers, or by intrusion or Disseisin, cap. 29.

Avowrie, see advowry.

Avoir du pois, is in true French, (avoir du poix, i. habere pondus, aut justi esse ponderis.) It signifieth in our Common law two things, first a kinde of weight diverte from that which is called Troy weight, containing but twelve ounces to the pound, whereas this containeth sixteen. And in this respect it may be probably conjectured, that it is so called, because it is of more weight than the other. Then also it signifieth such merchandise as are weighed by this weight, and not by Troy weight, as in the statute of York, anno 9 Edw. 3. in proaem. anno 27 Edw. 3. statut. 2. cap. 10. & anno 2 Rich. 2. cap. 1. See Weights.

Auxilium ad silium militem faciendum, & filiam maritandam, is a Writ directed to the Sheriff of every County, where the King or other Lord hath any Tenents, to levy of them reasonable ayde toward the knighting of his son, and the marriage of his daughter. See Ayde, and Fitzh. Nat. Brev. fol. 82.

B.

BA

BAcheler (bachalaureus) cometh of the French bachalier, i. tyro: and thereupon I think, those that be called Bachelers of the companies in London, be such of eath compa∣ny as be springing towards the estate of those

that be employed in councel, but as yet are in∣feriors. For every company of the twelve con∣sisteth of a Master, two Wardens, the Livery, which are assistants in matters of counsel, or at the least such as the assistants be chosen out of, and the Bachelers, which are yet but in ex∣pectance of dignity among them, & have their function only in attendance upon the Master and Wardens. I have read in an old monu∣ment, this word Bacheler attributed to the Lord Admiral of England, if he be under a Baron, in French words to this effect: And it is to weet, that when the Admiral rideth to assemble a ship of war or other, for the business and affairs of the realm, if he be a Bacheler, he shall take for his dayes wages 4 s. sterling: if he bean Earl or Baron, he shall take wages af∣ter the rate of his estate and degree. This word is used, an. 13 R. 2. stat. 2. cap. 1, and signifieth as much as Bacheler knight doth, anno 3 Ed. 4. cap. 5. that is, a simple knight, not a knight baneret. See Baneret. Touching the farther etymologie of this word, Bachalarii teste Rena∣no, à Bacillo nominati sunt, quia primi studii au∣thoritatem, quae per exhibitionem baculi concedeba∣tur, jam consecuti fuissent. Ut fuerit velut quoddam mancipationis signum in hujusmodi aliquod studi∣um baculi traditto. Alciat writeth the word, baccalaurei, eosque dicit visos à baccâ laureâ no∣men sumpsisse in l. cui praecipua 57 π. de verbo signif.

Backberond, is a Saxon word, and almost Eng∣lish at this day, signifying as much as bearing upon the back, or about a man. Bracton useth it for a signe or circumstance of manifest theft, which the Civilians call Furtum manifestum. For dividing Furtum, in manifestum & non ma∣nifestum, he defineth furtum manifestum in this sort: Furtum verò manifestū est, ubi latro deprehensus est seisitus de aliquo latrocinio: sc. haud. habend. & backberend, & insecutus fuerit per aliquem cujus res illa fuerit. lib. 3. tract. 2. cap. 32. Master Manwood in the second part of his Forest laws, noteth it for one of the four circumstances, or cases, wherein a Forester may arrest the body of an offender against vert or venison in the Forest. For by the assise of the Forest of Lancaster (saith he) taken with the manner is, when one is found in the kings forest, in any of these four degrees, sc. Stable stand, Dog draw, Back bear, and Bloody hand. In which place you may find all these interpreted

Badger, cometh of the French (bagage, i. sar∣cina, impedimentum) It signifieth with us, one that buyeth corn or victuals in one place, and carrieth it into another. See Cromptons Justice of Peace. f. 69 & 70.

Baye, or Penne, is a Pond head made up of a great height, to keep in a great quantity or store of water, so that the wheels of the furnace or hammer belonging to an iron mill, may stand under them, and be driven by the water coming out of them, by a passage or floud-gate (called the Penstock) and falling upon the said wheels. This word is mentioned in the statute, an. 27 Elizab. cap. 19.

Bayl (ballium, plevina manucaptio) commeth of the French (bailler, i. attribuere, tradere, tri∣buere.) It is used in our Common law properly for the freeing or setting at liberty of one ar∣rested or imprisoned upon action either civil or criminal, under surety taken for his appear∣ance at a day and place certainely assigned, Bracton lib. 3. tract. 2. cap. 8. num. 8, & 9. The reason why it is called Bayl, is because by this means the party restrained is delivred into the hands of those that binde themselves for his forth-coming. There is both common & special bayl. Common bayl is in actions of small pre ju∣dice, or slight proof, being called common, be∣cause any Sureties in that case are taken: wheras upon causes of greater weight, or apparent spe∣cialty, special bayl or surety must be taken: as Subsidy-men at the least, and they according to the value. Master Manwood in his first part of Forest lawes, pag. 167. maketh a great diffe∣rence between Bayland Mainprise, in these words: and note, that there is a great diversity between bayle and mainprise. For he that is mainprised, is alwayes sayd to be at large & to go at his own liberty out of ward, after that he is let to mainprise, until the day of his appear∣ance, by reason of the said common summons, or otherwise. But otherwise it is, where a man is let to bayle, by four or two men, by the Lord chief Justice in the Eyre of the forest, until a certain day. For there he is alwayes accounted by the Law, to be in their ward and custody for the time. And they may if they will, keep him in ward or in Prison at that time, or otherwise at their will. So that he which is so bayled, shall not be said, by the Law to be at large, or at his own liberty: see Lamberts Eirenal. l. 3. cap. 2. pag. 330. Bayl is also a certain limit within the Forest, accord∣ingly as the forest is divided into the charges of several foresters. Crompton in the Oath of the Bow-bearer, fol. 201. See Maynprise.

Bayliff (ballivus) commeth of the French (bailif, i. diacetes, nomarcha, praefectus provin∣ciae) and as the name, so the office it self, in antient time was very answerable to that of France and Normandy: for as in France there be sixteen Parliaments, (Lupanus de magistra∣tibus Francorum, lib. 2. cap. Parlamentum) which be high Courts, whence lieth no appeal; and within the precincts of those several parts

of that kingdom, that belong to each Parlament there be severall provinces, unto which, with∣in themselves, Justice is ministred by certain officers called Bayliffs: So in England we see many severall Counties or Shires, within the which Justice hath been ministred to the inha∣bitants of each Countie, by the officer whom we now call Sheriff or Vicount (one name de∣scending from the Saxons, the other from the Normans.) And though I cannot expressely prove, that this Sheriff was ever called a Bay∣liff: yet it is probable that that was one of his names likewise, because the County is called many times (Balliva) that is a Bavliwick: as namely in the return of a writ with (Non est inventus) he writeth thus: (A. S. infra scriptus, non est inventus in Balliva mea, post re∣ceptionem hujus brevis) Kitchin, returna brevi∣um, fo. 285. And again in Bracton, lib. 3. tract. 2. cap. 33. num. 3. And anno 5 Eliz. cap. 23. and anno 14 Edw. 3. stat. 1. cap 6. And I think the word Bayliff) used ca. 28 of Magna char∣ta, compriseth as well Sheriffs, as Bayliffs of Hundreds: as also anno 14 Edw. 3. stat. 1. ca. 9. But as the Realm is divided into Counties, so every County is again divided into hundreds: within the which it is manifest, that in anti∣ent time the Kings subjects had justice mini∣stred unto them by the severall Officers of eve∣ry Hundred, which were called Bayliffs, as those officets were and are in France and Nor∣mandie, being chief officers of justice within every Province. Lupanus de Magistratibus Francorum, lib. 2. cap. Baltvi. and the Grand Custumary of Normandie, cap. 1. And that this is true among many others I bring Bracton for my witness, lib. 3. tract. 2. cap. 34. un. 5. where it appeareth, that Bayliffs of Hundreds might hold plee of Appeal and Approvers. But sithence that time, these Hundred Courts (certain Franchises excepted) are by the Sta∣tute anno 14 Ed. 3. stat. 1. cap. 9. swallowed into the County Courts, as you may read in County and Hundred. And the Bayliffs name and Office is grown into such contempt, at the least, these Bailiffs of Hundreds, that they are now but bare Messengers and Mandata∣ries, within their liberties, to serve Writs, and such base offices: their office consisting in three points only, which see in Cromptons Justice of Peace, fol. 49. a. Yet is the name still in good esteem some other way. For the chief Ma∣gistrates in divers Towns Corporate be called Bailiffs: as in Ipswich, Yarmouth, Colchester, and such like. And again, there be certain, to whom the Kings Castles be Cōmitted which called are Bailiffs, as the Bailiff of Dover Castle.

These ordinary Bailiffs are of two sorts: Bailiffs Errant, & Bailiffs of Franchises. Bailiffs Errant (Ballivi itinerantes) be those, which the Sheriff maketh, and appointeth to go hither & thither in the County to serve writs, to summon the County, Sessions, Assises & such like. Bai∣liffs of Franchises (Ballivi Franchesiarū aut liber∣tatū) be those that are appointed by every Lord within his liberty, to do such offices within his Precincts, as the Bailiff Errant doth at large in the County. Of these read S. Thomas Smith de re. Anglo. lib. 2. c. 16. There be also Bailiffs of the Forest, Manwood par. 1. pa. 113. There be likewise Bayliffs of Husbandry, belonging to private men of great Substance, who seem to be so called, because they dispose of the under Servants, every man to his labour and task, check them for misdoing their businesse, gather the profits to their Lord and Master, and deliver an account for the same at the years end, or otherwise, as it shall bee called for. The word Bayliff, or Ballivus, is by Rebuffus deri∣ved from (Baal, i. dominus, quia Ballivi domi∣nantur suis subditis, quasi eorum magistri & domi∣ni. Rebuf. in constit. regias, de senten. excutionis, art. 7. glos. 1.) The office or duty of a Bailiff of a mannor or Houshold (which in antient time seemeth to have been all one) Fleta well descri∣beth li. 2. ca. 72. & 73. This word is also u∣sed in the Canon Law, ca. dilecto de sentent. ex∣com. in sexto, &c. 1. de paenis in Clement. where the Glossographer saith it is a French word, sig∣nifying as much as praepositus; and Balia or Bati∣vatus) is used among our later interpreters of the Civil and Canon law, for Provincia, as Bal∣liva here in England, is used for a County or Shire.

Balkers, See Conders.

Ballivo amovendo, is a writ to remove a Bai∣liff out of his office for want of sufficient living within his Bayliwick. Reg. or. fo. 78.

Bane seemeth to signifie the destruction or overthrow of any thing. Bract. l. 2. tract. 8. ca. 1. nu. 1. as he which is the cause of another mans drowning, is said there to be Labane, i. Malefactor. In that Bracton in the place afore∣said prefixeth a French article to this word, it should seem by his opinion that the word is French; but I find it not in any French writer that ever I read.

Baneret (banerettus) in M. Skenes opinion, seemeth to be compounded of baner and rent: whom read more at large of this, verbo Baneret, de verbo sign. But our M. Camden rather draw∣eth the word from the German Bannerheires, Britan. pag. 109. in meo libro. S. Thomas Smith de republ. Angl. li. c. 18. saith, That Baneret is a Knight made in the field, with the ceremony of cutting off the point of his Standard, and ma∣king

it as it were a Banner: and they being be∣ing Ba chelors, are now of greater degree, al∣lowed to display their armes in a banner in the Kings army, as Barons doe. M. Camden ubi su∣pra hath these words of this matter: Baneretti cum vasullorum nomen jam desierat, à baroni∣bus, secundi erant: quibus inditum nomen à vexillo. Concessum illis erat miliaris virtutis ergo, qua∣drato vexillo (perinde ac barones) uti, unde & e∣quites vexillarii à nonulllis vocantur, &c. Of creating a Knight baneret you may read farther in M. Segar, Norrey, his book, lib. 2. c. 10. That they be next to Barons in dignity, it appeareth by the Statute anno 14 R. 2. ca. 11. and by an∣no 5 R. 2. statut. 2. ca. 4. it may be probably conjectured, that they were antiently called by summons to the court of Parliament. And an∣no 13 R. 2. stat. 2. ca. 1. we find, That a Baneret for praying a pardon for a murtherer, contrary to that statute, is subject to all one punishment with a Baron. Johan. Gregorius Tholosanus li. 6. ca. 10. sui syntagmatis, num. 9. hath these words, In Gallia sunt duae species affines nobilium & feu∣dorum, quas dicunt de Benneretz & Barons: benne∣rettus jure suae dignitatis, antequam talis dici mereatur, nobilis esse debet genere, in quarto gra∣du, possidens in ditione decem scutarios bachalari∣os armorum, id est, decem vasallos, habens suffici∣ens patrimonium quo possit secum ducere quatuor aut quinque nobiles comites continuos, cum equiti∣bus duodecim aut sexdecim. Fit autem Benneretus, cùm princepts jusmodi personae concedit vexilli jus, & ex vexillo peditum in acie, vel extra, die solen∣ni, sacris peractis, adimit acumina. Vocant la queve de pennon, fitque labarum, i. equitum vex∣illum, vocant cornette, eumque equitem facit. si jam non est. Quòd si ditior his fiat benneretus, et habet unam be neretam, aut sex equites bachalarios, qui possideant singuli in censum sexcent as libras ex ejus ditione seu feudo, tunc possunt ex licentia prin∣cipis, baronis nomen sibi adsciscere.

Bans (bannus vel bannum) signifieth a pub∣lique notice given of any thing. The word is ordinary among the Feudists, and grown from them to other uses: as to that which we here in England call a proclamation, whereby any thing is publikely commanded or forbidden. Vincentius de Franchis. descis. 521. & 360. Hot∣toman verbo bannus, in verbis feudalibus, saith that there is both bannus and bannum; and that they signify two divers things. His words are these: Bannus sive bannū duo fignificat: Edict∣ū, qua die vasalli equis armis{que} instructi, ad commi∣tatum adesse debent: et sanctionem, hoc est, mulctam edicto non parentis; which he confirmeth by di∣vers authorities. This word bans we use here in England, especially in the publishing of matri∣monial contracts in the Church, before mari∣age, to the end that if any man can say against the intention of the parties, either in respect of kindred or otherwise, they may take their exception in time. And in the Canon law, Banna sunt proclamationes sponsi et sponsae in eccle∣siis fieri solitae, ca. 27. extra. de sponsal. et ca. ult. qui matrimonium accus. pos. & ca. ult de clan. de∣spons. Yet our word (Banuing) seemeth to come thence, being nothing but an exclamati∣on of another. Only Bracton once maketh men∣tion of Banuus Regis, for a proclamation, or silence made by the Cryer, before the congresse of the Champions in a Combat, Lib. 3. tract. 2 cap 21:

Bank (bancus) commeth of the French Ban∣que, i. mensa. In our Common Law it is most usually taken for a seat or bench of judgement: as bank le Roy, the Kings bench, bank de Com∣mon plees, the Bench of Comōnplees, or the Com∣mon Bench, Kitchin f. 102. called also in Latine, bancus regius & bancus communium placit. Crompt. juris. fo. 67 & 91. Camden in his Britannia, pag. 112. & 113, in meo, calleth them also, Bancum regium, et Bancum communem. See Frank bank.

Bankrupt (alias brankrout) commeth of the French (banque route) and (faire banqueroute) with the French is as much as (foro cedere, solum vetere) with the Romanes: The composition of the French word I take to be this, (banque, i. mensa) et (route, i. vestigium) metaphori∣cally taken from the sign left in the earth, of a table once fastned unto it, and now taken a∣way. So that the originall seemeth to have sprung from those Roman (mensarii) which as appeareth by many writers, had their (ta∣bernas et mensas) in certain publique places, wherof when they were disposed to fly, an de∣ceive men that had put them in trust with their monies, they left but the signes or carkasses behind them. I know that others of good lear∣ning, and M. Skene for one, bring this (à ban∣co rupto) but the French word worketh in me this other opinion, for after their sense, the French should rather be banque rompu. Banke∣rupt with us signifieth him or his act, that ha∣ving gotten other mens goods into his hands hideth himself in places unknown, or in his own private house, not minding to pay or restore to his creditours their duties. anno 34 Hen. 8. cap. 4. where the French phrase (Fai∣re banque route) is translated to the word, to make Bankrupt. A Bankrupt, anno 1 Jacobi, ca. 15. is thus described: All and every such person and persons, using, or that shall use the trade of merchandise, by way of bargaining, exchange, bartery, chevisance, or otherwise in grosse, or by seeking his, her, or their trade of living, by buying and selling, and beeing a sub∣ject〈1 page missing〉〈1 page missing〉

born of this realm, or any the kings dominions, or Denizen, who at any time since the first day of this present Parliament, or at any time here∣after shall depart the realm, or begin to keep his other house or houses, or otherwise to ab∣sent him or her self, or take Sanctuarie, or suffer him or her self willingly to be arrested for any debt, or other thing not grown or due, for mo∣ney delivered, wares fould, or any other just or lawful canse, or good consideration, or purposes, or hath or will suffer him or her self to be out∣lawed, or yeeld him or herself to prison, or wil∣lingly or fraudulently hath or shall procure him or her self to be arested, or his or her goods, money, or chattels to be attached or seque∣stred, or depart from his or her dwelling-house, or make or cause to be made any fraudulent grant or conveiance of his, her, or their lands, tenements, goods, or chattels, to the intent, or whereby his, her, or their creditours, being subjects born, as aforesaid, shall or may be defeated or delayed for the recovery of their just and true debt: or being arrested for debt, shall after his or her arrest, lye in prison six moneths or more, upon that arrest, or any other arrest or detention in prison for debt, and lye in prison six moneths upon such arrest or detention, shall be accounted and adjudged a Bankrupt to all intents and purposes.

Banishment (ex lium, abjuxatio) cometh of the French bannissement) & hath a signification known to every man. But there be two kinds of Banishment in England: one voluntary & up∣on oath, whereof you may read (Abjuration:) the other upon compulsion for some offence or crime: as if a lay-man succor him that having taken Sanctuary for an offence, obstinately re∣fuseth to abjure the Realm, he shall lose his life and member: if a Clerk do so, he sholl be ba∣nished. Stawnf. pl. cor. fol. 117. This punishment is also of our modern Civilians called (banni∣mertum) which was aunelently tearmed de∣pertatlo if it were perpetual, or (religatio in in∣sulam,) if for a time. Vincentius de Franchis. Pe∣trus de Bellug a in suo speculo, fol. 125. num. 4.

Barbaries (Oxycantha) is a thornie shrub known to most men to bear a berry or fr••••t of a sharp taste. These berries (as also the leaves of the said tree) be medicinable, as Goard in his Herbal sheweth, lib. 3. cap. 21. You find them mentioned among Drugges to be gar∣bled, Anno 1 Jacob. cap. 9.

Bargain and sale, as it seemeth by Westpart. 1. symb. lib. 2. sect. 436, is properly acontract made of mannors, lands, renements, hereditaments, & other things, transferring the property there∣of from the bargainer to the bargainee. But the Author of the new terms of Law, addeth, that it ought to be for money, saying farther, that this is a good contract, for Land, &c. and that Fee-simple passeth thereby; though it be not said in the deed. (To have and to hold the land to him and to his heire,) and though there be no liverie and selfin made by the sel∣ler, so it be by deed intended, sealed and enrol∣led, either in the County where the land lyeth, or within one of the Kings. Courts of Records at Westminster, within six moneths after the date of the Deed intended, an. 27 H. 8. cap. 16.

Barkarie (Barkaria) is a heath house. New book of Entries, titulo Assise corp. poli••. 2. Some call it a Tan-house.

Baron (Barao) is a French word, and hath di∣vers fignifications here in England. First, it is taken for a degree of Nobility next unto a Vi∣count, Bracton lib. 1. cap. 8. num. 4. where he saith, they be called Barones, quasi robur belli. And in this fignification it is borrowed from other Nations, with whom Baroniae be as much as Provinciae, Petrus Belluga in speculo princip. fol. 119. So Barones be such as have the govern∣ment of Provinces, as their Fee holden of the King: fome having greater, some lesser autho∣rity within their territories, as appeareth by Vincentius de Franobis in divers of his disceisi∣ons, and others. Yet it may probably be thought, that of old times here in England all they were called Barons that had such Seig∣niories, as we now call Court-barons, as they be at this day called Seigneurs in France, that have any such Mannor or Lordship. Yea, I have heard by men very learned in our Antiquities, that neer after the Conquest, all such came to the Parliament, and sate as Nobles in the up∣per-house. But when by experience it appeared, that the Parliament was too much pestered with such multitudes, it grew to a custome, that none should come but such, as the King, for their extraordinary wisedome or quality, thought good to call by Writ, which Writ ran (hac vice tantùm.) After that again men feeing this estate of Nobility to be but casual, and to depend meerely upon the Prine••s pleasure, they sought a more certain hold, and obtained of the King, letters patents of this dignity to them and their heires male. And these were called Barons by letters patents or by creation: whose postority, be now by inhefitance and true delcent of Nobility, those Barons that be called Lords of the Barliament: of which kind the King may create more at his pleasure. It is thought neverthelesse, that there are yet Ba∣rons by writ, as well as Barons by letters pa∣tents, and that they may be discerned by their titles: because the Barons by writare those,

that to the title of Lord have their own sur∣names annexed, as Crompton, North, Norice, &c. whereas the Barons by letters patents, are named by their Barronies. These Barons which were first by writ; may now justly also be cal∣led Barons by prescription, for that they have continued Barons in themselves and their aun∣cestors came, beyond the memory of man. The original of Barons by writ Master Camden in his Britaunia, Pag. 109. in meo, referreth to Henry the third: Barons by letters patents or creation (as I have heard among our Antiqua∣ries) were first created about the days of Hen∣ry the sixth: the manner of whose creation read in Master Stows Annals, pag. 1121. Of all these you may also read Mast. Ferns glory of Generofity pa. 125. & 126. And see M. Skene de ver. signif. verb. Baro. with Sir Thomas Smith, lib. 1. d••••••pub. Anglor. cap. 17. who saith, that none in England is created Baron, except he can dispend a thousand pound by year, or a thousand markes at the least. To these for∣mer Master Seager (by office) Norrey, lib. 4. cap. 13. of Honour civill and militariy, addeth a ••ird kind of baron, calling them Barons by conure, and those be the Bishops of the land: all which, by vertue of Baronies annexed to their Bishopricks, have alwaies had place in the upper house of Parliament; and are termed by the name of Lords Spiritual.

Baron in the next signification is an Officer: as Barons of the Exchequer be to the King: of which the principal is called Lord chief Baron (capitalis Baro) and the three other (for so ma∣ny there be) are his Assistants in causes of Justice, between the King and his subjects, touching causes appertaining to the Exche∣quer.

The Lord chief Baron at this day, is the chief Judge of the Court, and in matter of Law, Information, and Plea, answereth the Barr, and giveth order for judgement thereupon. He alone in the Term time doth sit upon Nist pri∣us, that come out of the Kings Remembrancers office, or out of the office of the Clerk of the Pleas, which cannot be dispatched in the mor∣nings for want of time. He taketh recognisan∣cea for the Kings debts, for appearances, and observing of orders. He taketh the presentati∣on of all the officers in Court under himself, and of the Maior of London, and seeth the Kings Remembrancer to give them their oaths. He taketh the declaration of certain receivers accounts of the lands of the late augmentation made before him by the Anditors of the Shires. He giveth the two parcel makers places by ver∣tue of his office.

The second Baron in the absence of the Lord chief Baron, answereth the Barr in matters a∣foresaid: he also taketh recognisances for the Kings debts, apparences, and observing of or∣ders. He giveth yearly the oath to the late Maior and Escheatour of London for the true ac∣count of the profits of his office. He taketh a declaration of certain receivers accounts. He also examineth the letters and sums of such Sheriffs forrain accounts, as also the accounts of Escheatours and Collectours of subsidies and Fifteens, as are brought unto him by the Au∣ditors of the Court.

The third Baron in the absence of the other two, answereth the barr in matters aforesaid, he also taketh recognisances, as aforesaid. He giveth yearly the oath of the late Major and Gawger of London for his true accounting. He also taketh a declaration of certain receivers accounts: and examineth the letters, and sums of such of the former accountants, as are brought unto him.

The fourth Baron, is alwayes a Coursetour of the court, and hath been chosen of some one of he clerks in the remembrancers offices, or of the clerk of the Pipes office. He at the days of prefixion, taketh oath of all high Sheriffs, and their under Sheriffs, and of all Escheatours, Bayliffs, and other accountants, for their true accounting. He taketh the oath of all Collect∣ours, Controllers, Surveyours and searchers of the Custom houses, that they have made true entrances in their books. He apposeth all Sheriffs upon their Summons of the Pipe in o∣pen Court. He informeth the rest of the Ba∣rons, of the course of the Court in any matter that concerneth the Kings Prerogrative. He likewise as the other Barons, taketh the de∣claration of certain receivers accounts: and examineth the letters and sums of such of the former accountants, as are brought unto him.

These Barons of the exchequer, are antient officers: for I find them named, West. 2. c. 11. an. 13 Ed. 1. & they be called Barons, because Ba∣rons of the realm were wont to be employed in that office, Fleta, li. 2. c. 24. S. Tho. Smith saith of them, that their office is to look to the ac∣counts of the Prince: and to that end they have Auditors under them: as also to decide all cau∣ses, appertaning to the Kings profits coming in∣to the Exchequer by any means. This is in part also proved by the Stat. an. 20. Ed. 3. ca. 2. & anno 27 ejusd. stat. 2. ca. 18. & anno 5. R. 2. stat. 1. ca. 9. & 12. et anno 14. ejusd. ca. 11. And hereupon they be of late, men learned in the Common Law of the Realm: whereas in autient times they were others: viz. majores et discretiores in regno, sive de clero essent, sive de curia. Ockam in his lucubrations de fisci regii ra∣tione.

Horn. in his mirrour of Justices saith, that Barons were wont to be two, and they Knights, cap. De la place del Eschequer.

Then be there in this signification, Barons of the Cinque Ports, anno 31 Ed. 3. stat. 2. cap. 2. & an. 33 H. 8. cap. 10. which are two of every of the seven towns, Hastings, Winchelsey, Rye, Rumney, Hithe, Dover, and Sandwich, that have places in the lower-house of Parliament, Cromptons jurisd. fol. 28. Baron in the third signi∣fication, is used for the husband in relati∣on to his wife: which is so ordinary in all our law-writers, that write in French, as it were superfluous to confirm it by any one.

Baronet. I read this word, anno 13 R. 2. stat. 2. cap. 1. But I hold it falsly printed for Baneret, or else to signifie all one with it.

Baronye (baronia, baronagium) is the fee of a Baron. In which account are not onely the fees of Temporal Barons, but of Bishops also: who have two respects: One, ••s they are Spiri∣tual men, without possessions, as was the Tribe of Levie among the Israelites, being susteined by the onely First fruits, and Tenths of the other Tribes, Josh. cap. 13. vers. 14. The other respect they have, groweth from the bounty of our English Kings, whereby they have Baronies at the least, and are thereby Barons or Lords of the Par••iament. This Baronie (as Bracton saith, lib. 2. cap. 34.) is a right indivisible: and therefore if, an inheritance be to be divided among Co-parteners; Though some capital messuages may be divided, yet, si capitale mes∣suagium sit caput Comitatus, vel caput Baroniae, he faith they may not be parcelled: The reason is, ne sic caput per plu••es particulas dividatur, & plura jura comitatuum & baroniarium deveniant ad nihilum: per quod deficiat Regnum, quod ex Comitatibus & Baroniis dicitur esse constitutū.

Barre (Barra) commeth of the French (barre) or barriere (i. repagulum, obex, vectis.) It is used in our Common law, for a peremptory ex∣ception against a Demand or plaint: and is by the Author of the terms of Law, defined to be a Plee brought by the Defendant in an Action, that destroyeth the Action of the Plaintiff for ever. It is divided into a Barre to common intent, and a Barre scecial. A Barre to a common intendment, is an or∣dinary or general Barre, that ordinarily disa∣bleth the Declaration or Plee of the Plaintiff. A Barre special, is that which is more than or∣dinary, and falleth out in the case in hand, or question, upon some special circumstance of the fact, Plowden casu Colthirst. fol. 26. a.b. For exam∣ple, 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 pur∣chased or taken out against him. This is a good barre to common intendment; or (prima facie.) But yet the case may so fall out, that more goods might come to his hands, sithence that time: which if the Plaintiff can shew by way of replication, then except he have a more es∣pecial plee or barre to allege he is to be con∣demned in the action. See also Plowden in the case aforenamed, fol. 28. a. b. and Broke, t••••ul•• Barre, num. 101. and Kitchin, fol. 215. Barre also in the same signification, is divided into barre material, and barre at large, Kitchin, fol. 68. A barre material (as it seemeth) may other∣wise be called a barre special: as when one in the stop of the Plaintiffes Action, pleadeth some particular matter, as a descent from him that was the undoubted owner, a Feoffment made by the Ancester of the Plaintiff, or such like. A bar at large is, when the Tenent or Defen∣dant by way of exception, doth not traverse the Plaintiffs title by pleading not guilty, nor confe ie and avoid it, but onely maketh to himself a title in his barre. As if in an Assise of novel disseisin, the Tenent plead a Feoffment of a stranger unto him, and gives but a colour one∣ly to the Plaintiff. Of this there is an apt example to be found, 5 H. 7. fol. 29.

Barre, is also in regard of the effect, divided into barre perpetual, and barre pro tempore. Per∣petual is that, which overthroweth the action for ever. Barre pro tempore is that, which is good for the present, and may fail hereafter: look an example or two in Broke titu. Barre, nu. 23. where he saith, that to plead (plenè admini∣stravit) is good, until it may appear, that more goods come to the Executors hands afterward, which also holdeth for an heir, that in an acti∣on of his Ancesters debt pleadeth (rien per dis∣cent.) This word is also used for a material bar: as the place where Sergeants or Councellers stand to plead causes in Court, or Prisoners to answer to their Indictment. Of which our Common lawyers, that be licensed to plead, in other Countries called (licentiati) are termed Baristers, anno 24 H. 8. cap. 24.

Barrator (barectator) cometh from the French (Barat, i. astutia) and is neer the French it self in signification. For (barateur) in that tongue betokeneth a deceiver: and a barator in our Common law, is a common wrangler, that setteth men at ods, and is himself never quiet but at brawl with one or other. To this effect you may read M. Lamb. Eirenarcha, pa. 342. who saith likewise, that barettor (for so he writeth it) may seem to come from the Latine (baratro) or (balatro) that is, a vile knave or unthrift, and (by a metaphor) a spot in a Common wealth. See the statute of Champerty, anno 33

Ed. 1. stat. 2. cap. unico, and West. 1. ca. 32. an. 3 Ed. 1. M. Skene de verè. signif. verbo, barra∣crie, saith that Barrators be Symonists called of the Italian word (barrataria) signifying cor∣ruption or bribery in a Judge giving a false sen∣tence for money: whom you may read more at large, as also Hortensius Cavalcanus in his tract∣at, de brachio rigio, parte 5. nu. 66. whose words are: Barataria verò dicitur, quando Judex ali∣quid petit indebitum, ut justituam faciat. Who also, nu. 195. part. 5. saith thus: barraterii ap∣pellantur, qui praetorium nimis frequentant. And in another place of the same work; Barratria di∣citur, quia fit quoddam barratrum, i. commutatio pecuniae cum justitia, &c. See also Aegidius Bossius in practica criminali, titulo de officialibus corrupt. &c. nu. 2. & 6. Baratariam commit∣tunt, Judices, qui justitiam auro vendunt. Paris Pateola. de syndicatu, verbo Barataria. pa. 217.

Barre fee, is a fee of twenty pence, that eve∣ry prisoner acquitted of felony paieth to the Gaoler. Crompt. Justece of peace, fo. 158. b.

Barrel, is a measure of wine, oyl, &c. con∣taining the eighth part of a tunne, the fourth of a Pipe, and the second of a hogshead, that is, 31. gallons and a half, anno 1 R. 3. cap. 13. But this vessel seemeth not to contain any cer∣tain quantity, but differeth according to the liquor: for a barrel of beer containeth 36. gal∣lons, the Kilderkin 18. and the Firkin 9. a barrel of ale 32. gallons, the Kilderkin 16. and the firkin, 8. gallons, an. 23 H. 8. c. 4.

Barriers, commeth of the French (barres) and signifieth with us that which the French∣men call (jeu de barres, i. palaestra••••) a martial sport or exercise of men armed and fighting to∣gether with short swords, within certain li∣mits or lists, whereby they are severed from the beholders.

Barter may seem to come of the French (ba∣rater, i. circumvenire) It signifieth in our Sta∣tutes, exchange of wares with wares, anno 1 R. 3. ca. 9. and so bartry the substantive, anno 13 Eliz. cap. 7. The reason may be, because they that chop and change in this manner, doe what they can for the most part, one to over∣reach the other. See barratour.

Base estate, is in true French (bas estat.) It signifieth in our Common law, that estate which base Tenents have in their lands. Base Tenents be they (as M. Lamberd saith in his explica. of Saxon words, verb. Paganus) which do to their Lords villanous service. The Au∣thor of the Terms of law in his Tractat of old Terms, saith, that to hold in fee base, is to hold at the will of the Lord. Kitchin, fol. 41. see∣meth to make base tenure and franck to be con∣traries: where it appeareth, that he putteth Copy-holders in the number of base Tenents. And out of these, I think, that it may be pro∣bably conjectured, that every base Tenent hol∣deth at the wil of the Lord, but yet, that ther is a difference between a base estate and villenage; which Fitzh. in his nat. br. f. 12. B. C. seemeth co confound. For the above-named Author of the Terms of law saith in the place before ci∣ced, that to hold in pure villenage, is to doe all that the Lord will command him. So that if a Copy-holder have but base estate, he not hold∣ing by the performance of every commande∣ment of his Lord, cannot be said to hold in villenage. Whether it may be said, that Co∣py-holders be by custome and continuance of time, grown out of that extreme servitude, wherein they were first created, I leave to o∣thers of better judgement: but Fitz. loco citato saith, tenure by Copie is a Term but lately in∣vented.

Base Court, is any Court that is not of re∣cord, as the Court Baron. Of this read Kitch∣in, f. 95, 96, &c.

Base fee, See Base estate.

Baselard (baslardus) in the Statute, an. 12 R. 2. ca. 6. signifieth a weapon, which M. Speight in his exposition upon Chawcer, calleth pugionem vel sicam.

Bastard (bastardus.) See Bastardy. And See Skene de verbo. signif. verbo Bastardus.

Bastardy (bastardia) commech of the French (bastard, i. nothus) Cassanaeus de consuetu. Burg. pag. 1116 saith (bastard) and (filius natura∣lis) be all one. Bastardy in our Common law, sig∣nifieth a defect of birth objected to one begot∣out of wedlock, Bract. l. 5. cap. 19 per totum. How bastardy is to be proved, or to be inquired into, if it be pleaded, see Rastals book of Entries, tit. Bastardy, 104. f. Kitchin f. 64 maketh mention of Bastardy special, and Barstardy general. The difference of which is, that Bastardy general, is a Certificate from the Bishop of the Diocess to the Kings Justices, after just inquity made, that the party inquired of, is a Bastard or not a Bast∣ard, upon some question of inheritance. Bast∣atdy special, is a sute 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 trial, and no inheritance contended for. And by this it appeareth, that in both these fignifications, Bastardy is rather taken for an examination or triall, whether a mans birth be defective or ille∣gitimate, than for Bastardy it self. See Broke, titulo, Bastardy. n. 29. and Doctor Ridlies book, pa. 203, 204.

Baston, is in French a staff, club, or coulstaff. It signifieth in the Statutes of our Realm, one

of the Warden of the Fleet his servants; or of∣ficers, that attendeth the Kings Court with a red staff, for the taking of such to ward, as be committed by the Court. So it is used, anno 1 R. 2. cap. 12. anno 5 Eliz. cap. 23.

Batable ground, seemeth to be the ground in question heretofore, whether it belonged to England or Scotland, lying between both the Kingdomes, anno 23 H. 8. cap. 16. as if we should say, debatable ground. For by that name M. Skene de verbo. sign. verbo Plegius, calleth ground that is in controversie between two.

Battel (duellum) commeth of the French (bat∣taile, i. bellum, praelium) and signifieth in our Common law, a tryal by combat. The manner whereof, because it is long, and full of ceremo∣nies, I do for the better and more full under∣standing of it, referre you to Glanvile, lib. 2. cap. 3, 4, 5. to Bracton, lib. 3. tract. 2. cap. 21. fol. 140. to Britton, cap. 22. and to S. Thomas Smith de re∣pub. Anglorum, lib. 2. cap. 7. & lib. 3. cap. 3. See Combat.

Battery commeth of the French (batre, i. ver∣berare, cudere, percutere) and signifieth in our Common law, a violent striking of any man, which the Civilians call injuriam personalem, quia personae infertur per verbera, cruciatum, &c. Wesemb. parat. π. de injur. & fam. libel.

Baubels (baubella) is an old word, signifying Jewels. Ro. Hoveden parte poster. suorum. annal. fol. 449. b.

BE

Bearding, aliâs, Barding of wool. See Clack.

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

Beconage (Beconagium) signifieth money paid for the maintenance of Becons.

Bewpleder (pulchrè placitando) is made of 2. French words (beau, i. decorus, formosus, pulcher) and (pleder, i. disputare, & causam agere.) It signi∣fieth in our Common law, a writ upon the sta∣tute of Marlbridge, or Malborow, made the 52. year of H. 3. cap. 11. whereby it is provided, that neither in the circuit of Justices, nor in Counties, Hundreds, or Courts-baron, any fines shall be taken of any man for fair pleading, that is, for not pleading fairly or aptly to the purpose. Upon which Statute, this Writ was ordained against those, that violate the law herein. See Fitzh. nat. br. fol. 270. A.B.C. whose definition is to this effect: the Writ upon the statute of Marlebridge for not fair pleading, lyeth where the Shyreeve or other Bailiff in his Court, will take fine of the party Plaintiff or Defendant, for that he ple••deth not faire∣ly, &c.

Bedell (Bedellus) cometh of the French (be deau, i. apparitor) and it signifieth with us, no∣thing else but a messenger or servitour belong∣ing 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, Manwood parte pri. of his forest lawes. pag. 221. in these words: A Be∣del is an officer or servant of the Forest, that doth make all manner of garnishments of the Courts of the Forest, & also all manner of Pro∣clamations, as well within the Courts of the Forest as without: and also doth execute all the processes of the Forest. He is like to a Bai∣liff errant of a Shyreeve in a County, &c.

Benefice (Beneficium) is generally taken for all ecclesiastical livings, be they dignities or other, as anno 13 R. 2. stat. 2. cap. 2. where benefices are divided into elective, and bene∣fices of gift. So is it used in the Canon law also. Duarenus de beneficiis, lib. 2. cap. 3.

Beneficio primo ecclesiastico habendo, is a writ directed from the King to the Chancellor, to bestow the benefice that first shall fall in the Kings gift, above or under such a value, upon this or that man, Regist. orig. fol. 307. b.

Benevolence (Benevolentia) is used both in the Chronicles and Statutes of this Realm, for a voluntary gratuity given by the subjects to the King. Look Stowes annals, pag. 701. That it hath been something antiently accustomed, it appeareth by him, and by the Statute anno 1 Rich. 3. cap. 2. where it is called a new impo∣sition: and in that respect reprehended by that Tyrant in his predecessors: whether justly or not I cannot say, nor mind to dispute. But Stow, pag. 791. saith, that the invention grew from Edward the fourths dayes. You may find it also, anno 11 H. 7. cap. 10. to have been yeelded to that worthy Prince, in regard of his great expences in warres and otherwise. This is also mentioned and excepted out of the par∣don, anno 1 Ed. 6. cap. 15. It is in other Nations called (subsidium charitativum) given sometime to Lords of the Fee by their Tenents, sometime to Bishops by their Clergie. Matthaeus de Afflictis, descis. 136. Gassan. de consuet. Burg. pag. 134, 136. Baldus consitio. 120. vol. 6. pag. 230. Of this Maenochius maketh mention, lib. 2. cent. 2. cap. 178, & 179. shewing, when it is lawful for a Prelate charitativum subsidium à sibi sub∣ditis exigere, & quanta debeat esse ejus summa, setting down eight just causes of this exa∣ction.

Besaile, (proavus) is borrowed of the French (bisayeul, i. le pere de mon pere grand) the father of my grandfather. In the Common law it figni∣fieth a Writ, that lieth where the great grand∣father was seised in his demesne as of Fee, of any Lands or Tenements, in Fee-simple, the

day that he dyed, and after his death a stranger abateth, or entreth the same day upon him, and keepeth out his heir, &c. The form and farther use of this Writ, read in Fitz. nat. br. fol. 221. D. E. F. &c.

Beasts of chase (Ferae campestres) be five of the Forest, chase or park: that is, the Buck, the Do, the Fox, the Martron, and the Roe, Manwood part. prim. of his Forest laws, pag. 342. & part. 2. cap. 4. num. 2.

Beasts of the Forest (ferae sylvestres) are the Hart, the Hind, the Hare, the Boar, and the Wolf, Manwood parte 2. of his Forest laws, cap. 4. num. 1.

Beasts and Fowles of Waren, are the Hare, Co∣nie, Fesant, and the Patridge, Manwood parte 2. cap. 4. num. 3.

Besta••l, cometh of the French (bestial, i. pe∣cus) it seemeth with us to signifie all kind of cattel taken for the Kings provision, anno 4 Ed. 3. cap. 3. And bestial is generally used for all kind of cattel, anno 1 Jacobi cap. 33.

BI

Bidding of the Beades, was a charge or warn∣ing that the Parish Priest gave to his Parishio∣ners, at certain especial times, to say so many Pater nosters, &c. upon their beads, anno 27 H. S. cap. 26.

Bigamie (bigamia) signifieth a double mar∣riage. It is used in the Common law, for an im∣pediment that hindreth a man to be a Clerk, by reason that he hath been twice married. For upon those words of S. Paul to Timothie the first, cap. 5. vers. 2. Oportet ergo Episcopum irreprehensibilem esse, & unius uxoris virum: the Canonists have founded their doctrine, that he that hath been twice married, may not be a Clerk. And also him that hath married a wi∣dow, they by interpretation, take to have been twice matried. And both these they do not onely exclude from holy orders, but also deny them all privileges that belong unto Clerks. But the author of the new terms of Law well saith, that this Law is abolished by anno 1 Ed. 6. cap. 12. And to that may be added the sta∣ture, anno 18 Elizab. cap. 7. which alloweth to all men that can read as Clerks, though not within orders, the benefit of Clergie in case of selonie not especially excepted by some other statute.

Bilanciis deferendis, is a Writ directed to a corporation, for the carrying of weights, to such or such a haven, there to weigh the wools that such a man is licenced to transport, Reg. orig. fol. 270. a.

Bilawes, are orders made in Court Leets or Court Barons by common assent, for the good of those that make them, farther than the Pub∣like law doth bind. Coke vol. 6. fol. 63. a. Kitchin fo. 45. & 79. These in Scotland are called (bur∣law) or (birlaw.) Skene de verbo. sign. verbo Bur∣law: where he saith thus: Lawes of burlaw, are made and determined, by consent of neigh∣bours elected and chosen by common consent, in the Courts called birlaw courts. In the which cognition is taken of complaints betwixt neighbour & neighbour: which menso chosen, are Judges and Arbitratours to the effect afore∣said, and are called birlaw men. For (bawr) or (bawrsman) in Dutch is rusticus) & so (birlaw) or (burlaw) leges rusticorum. Hitherto M. Skene.

Bilinguis, though it signifie in the generali∣ty a double tongued man; yet in our Common law, it is used for that Jury that passeth be∣tween an English man and an alien. Whereof part must be Englishmen, and part strangers, an. 28 Ed. 3. cap. 13.

Bille (billa) is diversly used among our Com∣mon lawyers. First, (as West saith pa. 1. symb. lib. 2. sect. 146.) it is all one with an obligation, saving that when it is in English it is common∣ty called a bill, and when it is in Latin an obli∣gation. But I hear other good Lawyers say, that a bill, though it be obligatory, yet is without condition or forfeiture for non payment: and that the obligation hath both. Bill secondly, is a declaration in writing, that expresseth either the grief and the wrong that the complainant hath suffered, by the party complained of, or else some fault, that the party complained of, hath committed against some law or statute of the Common-wealth. This bill is sometime of∣fered up to Justices errants in the general as∣sises: sometime, and most of all, to the Lord Chancellor of England, especially for unconscio∣nable wrongs done: sometime to others having jurisdiction, accordingly as the law, where upon they are grounded, doth direct. It containeth the fact complained of, the dammages thereby suffered, and petition of processe against the de∣fendant for redresse. West. parte 2. Symbol. titulo supplications, sect. 52. whom you may reade at large touching this matter.

Billa vera, is (as it were) a word of art in our Common law. For the grand enquest em∣paneled and sworn before the Justices in Eyre, &c. indorsing a bill, whereby any crime pu∣nishable in that Court, is presented unto them, with these two words; do signifie thereby, that the present or hath furnished his present∣ment or denunciation with probable evidence, and worthy of farther consideration. And thereupon, the party presented by the same bill, is said to stand indicted of the crime, and so tyed to make answer unto it, either by con∣fessing, or traversing the indictment. And if the crime touch the sife of the person indicted,

it is yet referred to another enquest, called the enquest of life and death: who if they find him guilty, then he standeth convicted of the crime, and is by the Judge to be condemned to death. See Ignoramus, see Indictment.

Billets of gold, commeth of the French (billot, i. massa auri.) anno 27 Edw. 3. stat. 2. ca. 14.

Bynny peper, anno 1 Jaco. ca. 19.

BL

Black maile, is half English, half French. For in French (maille) signifieth a small piece of money, which we call a half peny. It sig∣nifieth, in the Counties of Cumberland, Nor∣thumberland, Westmerland, and the Bishop∣rick of Duresme, a certain rate of money, corn, cattel, or other consideration, paid unto some inhabiting upon or near the borders, being men of name and power, allied with certain, known to be great robbers and spoil-takers within the said Counties, to the end thereby to be by them fteed, protected, and kept in safetie, from the danger of such as doe usually robbe and steal in those parts, anno 43. Eliz. cap. 13.

Blacke rodde, is the huissier belonging to the order of the Garter, so called of his black rodd that he carrieth in his hand. He is of the Kings chamber, and also huissier of the parliament.

Blancks, commeth of the French (blanc, i. candidus, albus.) It signifieth a kind of coin that was coine in the parts of France by King H. the fifth, that were subject to England: the value whereof was eight pence, Stowes annals, pag. 586. These were forbidden to be cur∣rent within this Realm, an. 2 H. 6. cap. 9. The reason why they were called blanks may be because at the time these were coined in France there was also a piece of gold coyned, which was called a (Salus) of the value of twenty-two shillings, from which this silver was in name distinguished by the colour.

Bloudy hand, See Backberend.

Blomary, is one of the forges belonging to an iron mill (which also seemeth otherwise to be termed a Finary.) The use whereof, if you will understand, you must know, that first there is a furnace, wherein the mine-stones are mel∣ted and cast into a raw iron, fashioned into long wedges three square, that be called sows. Then be there two forges like unto Smiths forges, but much bigger, the one whereof is called the blomary, or (as it seemeth) the fi∣nary, into the which being maintained with a charcole fire blown with bellowes, made to goe by water, are cast the said sowes of raw iron, and melted again, and by a workman called the finary man, are wound and wrought round, and afterward beaten by a hammer into ••ittle wedges about a yard long, which are cal∣led bloomes. Then is there another forge cal∣led the Hammer, into which these bloomes are cast, and by a workman (called the Ham∣mer man) again chafed and made soft in a charcole fire, blown likewise with bellowes caused to goe by water: and after carried by the said Hammerman, and put under the great Hammer also driven by the water. And so the said bloomes are drawn, fashioned, and made into such barts of iron of divers sorts and forms, as we see commonly sold. Of this you may read in the Statute, an. 27 Elizab. ca. 19. See Baye.

Bloudwit (blodwita is compounded of two Saxon words (blout i. sanguis.) and (wit, for the which we have the word (wite) still in the West parts of England, signifying a charging of one with a fault, or an upbraiding. And Speight in his expositions upon Chawcer saith, that (to twit) is as much as to blame. (To twit) in some other places of this land signifie has much as (to hitt in the teeth) or to upbraid. This bloudwit is a word used in charters of liberties antiently graunted, and signifieth an amercement for shedding of bloud. So that whosoever had it given him in his Charter, had the penaltie due for shedding of bloud granted unto him. Rastal in his exposition of words. Skene de verbo, signif, writeth it (bludveit) and saith that (veit) in English is injuria vel misericordia: and that (bludveit) is an amercement or (unlawe) as the Scottishmen call it, for wrong or injury, as bloudshed is. For he that is infest with (bludveit) hath free liberty to take all amer∣cements of Courts for effusion of bloud, Fleta saith, quod significat quietantiam misericordiae pro effusione sanguinis, li. 1. ca. 47.

BO

Bockland, See Charterland, See Copie-hold and Free-hold.

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

Bonis non amovendis, is a writ to the Shyreevs of London, &c. to charge them, that one con∣demned by judgement in an action, and pro∣secuting a writ of errour, be not suffered to re∣move his goods, untill the errour be tried, Re∣gister 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 signifieth here in England a corporate Town that is not a City. anno 2 Ed. 3. ca. 3. namely, all such as send Burgesses to the Parliament: the number whereof you may see in M. Cromptons jurisd. fo. 24. It may probably be thought, that it was antiently taken for those companies consisting often families, which were combined to be one anothers pledge or borhoe: See Bra∣cton,

li. 3. tractat. 2. a. 10. See Headborow, and Borowhead, and M. Lamberd in the duties of Constables, pag. 8. Lynwood upon the provin∣ciall (ut singula de censibus) speak to this ef∣fect: Aliqui interpretantur burgum esse castrum, vel locum ubi sunt crebra castra, vel dicitur bur∣gus, ubisunt per limites habitacula plura consti∣tuta.) Butthen setting down his own opinion, he defineth it thus: Burgus dici potest villa quae∣cu••{que} alia à civitate, in qua est universitas approba ta. And that he provethout of the 11. book of Justinians Codex, tit. de fund. rei privatae. 65. & l. 6. ejus tituli, where burgus is termed corpus. Some derive it from the Greek (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i, turris) see M. Skene de verbo sign. verbo Borghe. The late author M. Verstegan, in his restitution of decayed intelligences, saith, that (burg) or (burgh wherof we say yet (Borough) (or Bour∣row) metaphorically signifieth a Town, having a wall, or some kind of closure about it: also a Castle. All places that in old time had among our ancestors the name of Borrough, were pla∣ces one way or other fenced or fortified.

Bordlands, signifie the demesnes, that Lords keep in their hands, to the maintenance of their bord or table. Bract. li. 4. tractat. 3. ca. 9. nu. 5.

Borrowhead, aliâs Headborow, (capitalis ple∣gius) by M. Lamberds opinion in his treatise of Constables is made up of these two words, (bor∣hoe, i. pledge) and (head) and signifieth a head or chief pledge. And in explication of this, and other Saxon words of this nature, he maketh an excellent rehearsall of some antient customs of England, during the reign of the Saxons, which you may read. This borowhead (in short) was the head or chief man of the Decu∣rie or Borhoe, that there he speaketh of, chosen by the rest to speak, and to doe in the name of the rest, those things that concerned them. See Boron-holders.

Borow-holders, allâs Bursholders, be quasi bor∣hoe calders, signifying the same officers that be called borow-heads. (Lamb. in the duties of Caustables) Bracton calleth them (Borghio Al∣dere) li. 3. tractat. 2. ca. 10.

Borow english, is a customary descent of lands or tenements, whereby in all places where this custome holdeth, lands and tenements descend to the youngest sonne: or if the owner have no issue, to his youngest brother: as in Ed∣muntan. Kitchin, fa 102. And the reason of this custome, as (Lutleton) saith, is, for that the youngest is tresumed in law, to bee least able to shift for himself.

Barow goods divisable, I find these words in the Statute of Acton Burnal. anno 11 Edw. 1. statuto unico, and dare not confidently set down the true meaning of them. But as before the Statute of 32. & 34. H. 8. no lands were divi∣sable at the Common law, but in antient baro∣nies: so perhaps, at the making of the fore∣said Statute of Acton burnel, it was doubtfull, whether goods were devisable but in antient borrowes. For it seemeth by the writ de ra∣tionabili parte bonorum, that antiently the goods of a man were partible between his wife and children.

Bote signifieth compensation. Lamb. explica∣tion of Saxon words; Thence commeth (manbo∣te aliâs monbote) that is compensation or a∣mends for a man slain, which is bound to ano∣ther. For farther understanding whereof, it is to be seen in K. Inas laws, set out by M. Lam∣berd, ca. 96. what rate was ordained for the expiation of this offence: See Hedgebote, Plow∣bote, Howsebote, and read M. Skene de verbo signif. verbo, Bote.

Boeiler of the King (pincerua regis) anno 43 Ed. 3. ca. 3. is an officer that provideth the Kings wines: who (as Fleta li. 2. ca. 21. saith) may by vertue of his office out of every ship loaden with sale wines, unum dolium eligere in prora navis ad opus regis, et aliud in puppi, et pro qualibet pecia reddere tantùm 20. solid. mercato∣ri. Si autem plura inde habere volucrit bene lice∣bie: dum tamen precium fide dignorum judicio pro rege apponatur.

Bow-bearer, is an under-officer of the Forest (as M. Crompton in his jurisdict. fo. 201. setteth down) sworn to the true performance of his Office in these words: I will true man be to the Master Forester of this Forest, and to his lieutenent: and in the absence of them, I shall truely oversee, and true inquisition make, as well of swornmen as unsworn in every bayli∣wick, both in the North bayl, and South bayl of this Forest, and of all manner of tres∣passes done, either to vert or venison, I shall truly endeavour my self to attach, or cause them to be attached, in the next court At∣tachment, there to be presented, without a∣ny concealment had to my knowledge: So help me God, &c.

BR

Bracton (otherwise called Henry of Bract∣on) was a famous Lawyer of this land, renow∣ned for his knowledge both in the Common & Civill laws, as appeareth by his book every where extant. He lived in the dayes of Hen∣ry the third Stawnf. praero. f. 5. b. and as some say, Lord chief Justice of England.

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

Bred, signifieth broad. This word Bracton useth, li. 3. wact. 2. ca. 15. nu. 7. proverbially thus: to lange and to bred: the meaning

whereof you may there find, word for word it is, as we now speak, two long and two broad: or, two in length, or two in brea th.

Brevibus, & rotulis liberandis, is a writ or mandat to a Shyreeve to deliver unto the new Shyreeve chosen in his room, the County with the appertinances, together with the rols, briefs, remembrances, and all other things belonging to that office. Register orig. fo. 295. a.

Bribours, cometh of the French (bribeur, i. mendicus.) It seemeth to signifie with us, one that pilfreth other mens goods, anno 28 Ed. 2. stat. 1. ca. unico.

Brief (breve) cometh from the French (bref, ou breif. i. brevis) and in our Common law sig∣gnifieth a writ, whereby a man is summoned to answer to any action: or (more largely) any precept of the King in writing, issuing out of a∣ny Court whereby he commandeth any thing to be done, for the furtherance of justice or good order. The word is used in the Civil law, some∣time in the singular number, and masculin gen∣der, as l. ult. Cod. de conveniendis fisci debitoribus, l. 10. tit. 2. you have these words: Inter chartul as confiscati brevis, quidam adseveratur inventus, qui nomina continebat debitorum. Where it it is used for a short note. Again, I find a title re∣stored by Gothofred, in the first book of the Code, de quadrimenstruis brevibus. Quadrimenstru•• autem breves erant, qui de singulis indictionum pensionibus, quarto quoque mense solutis, conficie∣bantur. Also Lampridius in Alexandro hath it singularly thus: notarium, qui falsum causae brevem in consilio imperatorio retulisset, &c. And in the Authenticks, Novel. 105. cap. 2. you have this word (breviatores, i. brevium proscri∣ptores.) Breves autem, brevia, brevicula, sunt char∣tae sive libelli breves, as Gothofred, there noteth. Where he noteth likewise out of Zonacas in Carthagin: Concilio, that this is a Greek word thus: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. See Skene de verbo signif. verbo Breve. Of these briefs see also Bracton l. 5. tract. 5. c. 17. num. 2. Breve quidem cùm sit formatum ad similitudinem regulae juris, quia breviter & paucis verbis inten∣tionem proferentis exponit & explanat, sicut regula juris rem quae est breviter enarrat. Non tamen ita breve esse debet, quin rationem & vim intentionis contineat, &c.

Brigandine (lorica) is the French (brigandine that is a coat of mail. This is used, anno 4. & 5. Ph. & Mar. cap. 2.

Brigbote, significat quietantiam reparationis pon∣tium. Fleta lib. 1. cap. 47. It is compounded of (brig) a bridge, and (bote) which is a yeelding of amends, or supplying a defect. See (Bote) and Bruck-bote.

Britton, was a famous Lawyer, that lived in the dayes of K. Edward the first, at whose com∣mandement, and by whose authority, he writ a learned book of the law of this realm. The te∣nure whereof runneth in the Kings name, as if it had been penned by himself, answerably to the institutions, which Justinian assumeth to himself, though composed by others. Stawnf. praero. f. 6. & 21. S. Eaward Coke saith, that this Britton writ his book in the fiftieth year of the said Kings raign. lib. 4. fol. 126. a. & lib. 6. fo. 67. a. M. Guin in the Preface to his reading, men∣tioneth, that this John Britton was Bishop of Hereford.

Broke commonly called S. Robert Broke, was a great Lawyer and Lord chief Justice of the Common plees in Queen Maries time. Cromp∣tons Justice of peace, f. 22. b. he made an abridg∣ment of the whole law, a book of high account.

Broker (brocarius) seemeth to come from the French (broicur, i. tritor) that is a grinder or brea∣ker into small pieces. Because he that is of that trade, to deal in matters of money and mar∣chandise between English men and Strangers, doth draw the bargain to particulars, and the parties to conclusion, not forgetting to grinde out something to his own profit. These men be called broggers, anno 10 R. 2. cap. 1. It may not improbably be said, that this word cometh from (brocarder, i. cavallari) because these kind of men, by their deceitful speeches, and abusing their true trade, many times inveigle others. In Scotland they be called (broccarii) and in their own idiome, blockers or brockers, that is, mediators or intercessors in any transaction, paction, or contract: as in buying or selling, or in contracting mariage. Skene de de verbo sig. verbo broccarii.

He that will know what these brokers were wont, and ought to be, let him read the statute anno 1 Jacobi. ca. 21. These in the Civil law are called (proxeneti) as also of some (licitatores & mediatores, tit. de proxeneticit, in Digestis.) This kind of dealer is also of the Romanes called (pararius) Sencca l. 2. de benef. ca. 22. Caelius Rho∣doginus, libro 6. c. 32. & li. 3. cap. 15.

Broderers cometh of the French (brodeur,) and that cometh of (bordure, i, fimbria, limbus,) the edge or hemme of a garment. And that be∣cause it is distinguished from the rest, most com∣monly, by some conceited or costly work; he that worketh it, is called (brodeur) in French, and broderer or embroderer with us.

Brodehalpeny, commeth of the three Saxon words (bret, or bred) i. a boord, and (halve) that is, for this or that cause (cujus rei gratia) as the Latinists speak, and (penning) it signifieth a tolle or custome for setting up of tables or boords in a

Fair or Market. From the which, they that are freed by the Kings Charter, had this word men∣tioned in their letters patents. Insomuch, as at this day the freedom it self (for shortnesse of speech,) is called by the name of brodehalpe∣nie.

Broggers. See Brokers.

Bruckbote (Pontagium) is compounded of two German words (bruck i. pons,) and (bote, i. com∣pensatic.) It signifieth with us, a tribute, contri∣bution or ayde toward the mending, or reedi∣fying of Bri••ges; whereof many are freed by the Kings Charter. And thereupon the word is used for the very liberty or exemption from this tribute. See Pontage and Brigbote.

BU

Bull (bulla) seemeth to come from the Greek, (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. consilium) as Polydorus Virgilius saith, de inventio. rerum, lib. 8. cap. 2. It signifieth the letters, by the Canonists called Apostolick, strengthened with a leaden seal, and containing in them the decrees or commandments of the Pope or Bishop of Rome. The word is used many times in our Statutes: as anno 28 H. 8. cap. 16. & anno 1. and 2. Ph. & Ma. cap. 8.

Bullion, cometh of the French (billon) that is, the place where gold is tried. It signifieth with us, gold or silver in masse or billet, anno 9 Ed. 3. stat. 2. cap. 2. and sometime the Kings exchange or place, whither such gold in the lump 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.

Burgbote, cometh of (burg, i. castellum) and (bote, 1. compensatio) and signifieth a tribute or contribution toward the building or repairing of Castles, or walls of defence, or toward the building of a Borrow or City. From this divers had exemption by the ancient Charters of the Saxon Kings. Whereupon it is taken ordina∣rily for the exemption or liberty it self. Rastals expos. of words. Fleta hath these words of it: Si∣gnificat quietantiam reparationis murorum civita∣tis, vel burgi. lib. 1. c. 47.

Burg English. See Borow English.

Burgage (burgagium) is a tenure proper to Cities and Towns, whereby men of Cities or Borows hold their lands or tenements of the King, or other Lord, for a certain yearely rent. Old Tenures. It is a kind of socage. Swinborn parte 3. §. 3. num. 6.

Burglarie (burglaria) is compounded of two French words (bourg, i. pagus, villa) and (larecin, i. furtum) or of (bourg & laron) Coke lib. 4. fol. 39. b. It is according to the acceptance of our Common law thus defined: Burglary is a felo∣nious 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 steal somewhat thence, or to do some other felonious act there, albeit he execute not the same. If the intent, or fact of this offendour, be to steal, this is like robberie, if to murther, it differeth not much from murther, and so of other felonies, West. parte 2. symbol. titulo Indictments, Sect. 56. Burglarie in the natural signification of the word, is nothing, but the robbing of a house: but as it is (vox artis) our Common Lawyers re∣strain it to robbing a house by night, or breaking in with an intent to rob, or to do some other felonie. The like offence committed by day, they call house-robbing, by a peculiar name. How many wayes burglarie may be commit∣ted, see Cromptons Justice of Peace, fol. 28. b. and fol. 29, 30.

Butlerage of wines, signifieth that imposition of sale wine brought into the land, which the Kings Butler, by vertue of his office, may take of every ship, anno 1 H. 8. cap. 5. For the which see more in Botyler.

C.

CA

CAblish (cablicia) among the Writers of the Forest laws, signifieth brush wood, Man∣wood parte pag. 84. Cromptons Jurisd. fol. 165.

Calamus, is a cane, reed, or quill, the divers kinds whereof, you have set down in Gerards Herbal, lib. 1. cap. 24. This is comprized among merchandize and drugs to be garbled, in the sta∣tute anno 1 Jacobi, cap. 19.

Calendrin of Worsseds. anno 5 H. 8. cap. 4. & an. 35 ejusdem, cap. 5.

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

Cape is a writ judicial touching plee of land or tenements, so termed (as most writs be) of that word in it self, which carrieth the espe∣ciallest intention or end thereof. And this writ is divided in (Cape magnum, & cape par∣vum:) both which (as is before said in Attach∣ment) take hold of things immoveable, and seem to differ between themselves in these points. First, because (cape magnum) or the (grand Cape) lyeth before appearance, and (Cape parvum) afterward. Secondly, the (Cape magnum) summoneth the Tenent to answer to the de∣fault, and over to the demandant: (Cape par∣vum) summoneth the Tenent to answer to the default onely: and therefore is called (Cape par∣vum) or in French English (petit Cape.) Old. nat. br. fol. 161, 162. Yet Ingham saith, that it is

called (petit Cape) not because it is of smal force, but that it consisteth of few words. (Cape magnum) in the old. nat. br. is thus defined. This writ is a judicial, and lyeth where a man hath brought a (Principe quod reddat) of a thing that toucheth plee of land, and the Tenant make de∣fault at the day to him given in the Writ origi∣nal, then this writ shall go for the King, to take the land in o the Kings hands: and if he come not at the day given him by the (grand Cape) he hath lost his land, &c. A President and form of this writ you may see in the Register judicial, fol. 1. b. It seemeth after a sort to contain in it the effect (missionis in possessionem ex primo & secundo decreto) among the Civilians. For as the first decree, seiseth the thing, and the second giveth it from him, that the second time defaulteth in his appearance, so this (Cape) both seiseth the land, and also assigneth to the party a farther day of appearance, at which if he come not in, the land is forfeited. Yet is there dif∣ference between these two courses of the Ci∣vil and Common law first, for that (missio in pos∣sessionem) toucheth both mooveable and im∣mooveable goods, whereas the (Cape) is extend∣ed onely to immoveable: secondly, that the party being satisfied of his demand, the re∣manet is restored to him that defaulted: but by the (Cape all is seised without restitution: thirdly, (missio in possess:) is to the use of the party agent, the (Cape) is to the use of the King. Of this writ, and the explication of the true force and effect thereof, read Bracton lib. 5. tract. 3. cap. 1. num. 4, 5, & 6. See Cape ad va∣lentiam.

Cape parvum in the Old. nat. br. fol. 162. is thus defined: This writ lyeth, in case where the Tenant is summoned in plee of land, and com∣eth at the summons, and his appearance is of record, and after he maketh default at the day that is given to him: then shall go this writ for the king, &c. Of this likewise you have the form in the Register judicial, fol. 2. a. Why it is called Cape parvum, see in Cape magnum. Of both these writs read Fleta lib. 6. cap. 44. § Mag∣num & seq.

Cape ad valentiam, is a species of Cape mag∣num, so called of the end whereunto it tendeth. In the Old nat. br. fol. 161, 162. it is thus de∣fined or described: This writ lyeth, where any impleaded of certain lands, and I vouch to warrant another, against whom the summons ad warantizandum, hath been awarded, and the Shyreeve cometh not at the day given: then if the Demandant recover against me, I shall have this Writ against the vouchee, and shal recover so much in value of the land of the vouchee, if he have so much: and if he have not so much, then I shal have executiō of such lands & tene∣ments, as descend unto him in fee-simple: or if he purchase afterward, I shal have against him a resummons: & if he can nothing say, I shall re∣cover the value. And note ye, that this writ lyeth before apparence. Thus farre goeth the book. Of these, and the divers uses of them, see the Table of the Register judiciall, verbo Cape.

Capias, is a writ of two sorts, one before judg∣ment called (capias ad respondendum) in an acti∣on personal, if the Shyreeve upon the first writ of distresse return (nihil habet in baliva nostra:) and the other is a writ of execution after judg∣ment, being also of divers kinds, (viz. Capias ad satisfaciendum, Capias pro fine, Capias utlagatum, Capias utlagatum, & inquiras de lönis & ca∣tallis.

Capias ad satisfacieudum, is a writ of execu∣tion after judgment, lying where a man reco∣vereth in an action personal, as debt, or dam∣mages, or detinue in the Kings Court: and he against whom the debt is recovered, and hath no lands nor tenements, nor sufficient goods, whereof the debt may be levied. For in this case, he that recovereth, shall have this writ to the Sheriff commanding him that he take the body of him, against whom the debt is recover∣ed: and he shall be put in prison, until sa∣tisfaction be made unto him that recovered.

Capias pro fine, is where one being by judge∣ment fined unto the King, upon some offence committed against a statute, doth not discharge it according to the judgement. For by this is his body taken, and committed to prison, until he content the King for his fine, Coke lib. 3. fol. 12. a.

Capias utlagatum, is a word of execution, or after judgement, which lyeth against him that is outlawed upon any sure: by the which the She∣riff upon the receipt thereof, apprehendeth the party outlawed, for not appearing upon the (exigend.) and keepeth him in safe custodie until the day of return assigned in the writ: and then presenteth him unto the Court, there farther to be ordered for his con∣tempt.

Capias utlagatum, & inquir as de bonis & ca∣tallis, is a writ all one with the former, but that it it giveth a farther power to the Shyreeve over and beside the apprehension of the body, to inquire of his goods, and cattels. The form of all these writs see in the Old nat. br. fol. 154. and see the Terms of law, verbo Proces. Lastly, you may find great variety of this kind in the table of the Register judiciall, verbo Capias.

Capias in Wi••hernamium de averiis, is a Writ lying for Cattel in Withernam. Re∣gister

orig. f. 82. & 83. see Withernam.

Capias in Withernamium de bemine, is a writ that lieth for a servant in Withernam. Register onig. f. 79. & 80. see Withernam.

Capias conductos ad proficiscendum, is a writ that lieth for the taking up of such, as having received prest money to serve the King, slink away, and come not in at their time assigned, Register orig. fo. 191.

Captain, aliâs capitayne (capitaneus) commeth of the French (capitaine) and signifieth with us, him that leadeth, or hath charge of a compa∣ny of Souldiers: and is either generall, as he that hath the governance of the whole host: or speciall, as he that leadeth one only band. The word (capitanei) in other nations signi∣fieth more generally those that are in Latine called (principes) or (proceres) because, as Hotteman saith in verbis feudalibus: tanquam caput reliquo corpori, sic hii reliquis civibus prae∣sunt. He divideth them into two sorts: and to use his words, alii sunt capitanei regni: quo verbo Duces, Comites, Marchiones intel∣liguntur. l. 1. feud. tit. 1. §. 1. & ti. 7. Alii impropriè, qui urbium praefecti sunt, quibus plebs ab liquo superiorum gubernanda committitur: qui & vallaso••es rigit, & majores appellantur. l. feud. tit. 1. §. 1. & tit. 7. et tit. 17. So we have cap∣taines of Castles here in England, and other places, as of the Isles of Gersay and Gernsey, of the Isle of Wight, &c.

Capite, is a tenute, which holdeth im•• e∣diately of the King, as of his crown, be it by Knights service or socage: Broke tet. tenures 46. 94. Dyer, fo. 123. nu. 38. et fo. 363. nu. 18. and not as of any Honour Castle, or Mannor: & therefore it is otherwise called a tenure, that holdeth meerely of the King, because as the crown is a corporation, and seigneurie in grosse (as the Common lawyers term it) so the King that possesseth the crown, is in account of law, perpetually King, and never in his minority, nor never dieth: no more than (populus) doth, whose authoritie he beareth. See Fitzh. nat. br. f. 5. F. Note by the way, that a man may hold of the King, and not (in Capite) that is, not immediately of the crown in grosse, but by means of some Honour, Castle or Mannor be∣longing to the Crown, whereof I hold my land. Wherof Kitchin saith wel, that a man may hold of the King by Knights service, and yet not in capite, because he holdeth happily of some ho∣nour by Knights service, which is in the Kings hands (as by descent from his ancestors) & not immediatly of the King, as of his crown, f. 129. with whom agreeth Fitzh. nat. or. f. 5. K. whose words are to this effect: So that it plainly ap∣peareth, that lands which be held of the King, as of an Honour, Castle or Mannor, are not held in capite of the King: because that a writ of right, in that case, shall be directed to the Bailiff of the Honour, Castle, or manor, &c. but when the lands be held of the King, as of his Crown, then they be not held of Honour, Castle, or Mannor, but meerly of the King, as King, and of the Kings Crown, as of a seigneury of it self in gross, & the chief above all other seigneuries, &c. And this tenure in capite is otherwise called tenure holding of the person of the King. Dyer fo. 44. nu. 37. Author of the new Terms, ver. Tenure in capite. Broke titulo Tenures, nu. 65. 99. And yet M. Kitchin fo. 208. saith, that a man may hold of the person of the King, and not in ca∣pite. His example is this: If the King pur∣chase a mannor that I. S. holdeth, the Tenent shall hold as he held before, and shall not ren∣der livery or primei•• seisin, nor hold in capite: And if the King grant that mannor to W. N. in fee, excepting the services of I. S. then I. S. holdeth of the King, as of the person of the King, and yet holdeth not in capite, but as he held before. So that by this Book, tenure hol∣ding of the person of the King, and tenure in capite, are two divers tenures. To take away this difficulty, I think M. Kitchin is in that place to be taken, as if he said, not in capite by Knights service, but by socage, following 〈◊〉〈◊〉 usuall speech: because most commonly where wee talk of tenure in capite, wee mean tenure by knights service.

Carno, Cromptons jurisd. fol. 191. is an im∣munitie.

Carke, seemeth to be a quantity of Wool, whereof thirty make a Sarpler, anno 27 H. 6. ca. 2. See Sarpler.

Carrack, aliàs Carrick, seemeth to be a ship of burthen, so called of this Italian (carrico) or (carco) a burthen or charge, or the Spanish (cargo) you have this word, anno 2 R. 2. ca. 4. & anno 1 Ja. ca. 33.

Carroway seeds, aliàs Carruway seeds, (semen cari vel carei) is a Seed springing of the herb so called, of whose operation you may read in Gerards Herball, li. 2. cap. 396. It is recko∣ned among the Merchandise, that ought to be garbled, anno 1 Jaco. ca. 19.

Carue of land (carrucata terrae) commeth of the French (charue, i. aratrum) and with us is a certain quantity of land, by the which the Subjects have sometime been taxed: where∣upon the tribute so levied, is called (Caruago, Caruagium) Bracton li. 2. cap. 16. nu. 8. It is all one with that, which the same Author, lib. 2. cap. 17. calleth (carucatam terrae.) For Littleton ca. Teuure in socage, saith, that (haec so∣ca socae, idem est quod caruca) sc. one soke, or

one plow land. Yet one place I find in Stowes annals, that maketh me doubt, pag. 271. where he hath these words: The same time King Henry took caruage, that is to say, two marks of silver of every Knights fee, to∣ward the marriage of his sister Izabell to the Emperour: where caruage cannot be taken for a Plow land, except there were some other farther division, whereby to raise of every plow land so much: and so consequently of every Knights fee: that is, of every 680. acres two marks of silver. Rastal in his Exposition of words, saith, that caruage is to be quit, if the Lord the King shall tax all the land by carues: that is, a priviledge, whereby a man is exempted from caruage. Skene de verb. sig∣nif. ver. Carucata terrae, deriveth 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 year and day with one plough: which also is called (hilda) or (hida terrae,) a word used in the old Britain lawes. Master Lamberd among his precedents, in the end of his Eirenarcha, translateth (carucatum terrae) a plough land.

Caruage (caruagium) see Carue.

Cassia Fistula, is a tree that beareth certain black, round, and long cods, wherein is contai∣ned a pulpe, soft and pleasant sweet, serving for many uses in Physick. This tree with her vertues you may find described in Gerards Herball, lib. 3. cap. 77. The fruit is mentio∣ned in the Statute anno 1 Jacob. cap. 19. a∣mong drugges and spices, that bee to be gar∣bled.

Cassia Lignea, is a sweet wood not unlike to Cynamon, and sometime used in stead of Cy∣namon. Whereof you may read in Gerards Herball, lib. 1. cap. 141. this is called Cas∣sia lignum, in the Statute anno 1. Jacob. c. 19. and is comprised among merchandize that are to be garbled.

Castellain (castellanus) is a keeper or a Cap∣tain, sometime called a Constable of a Castle, Bracton lib. 5. tractat. 2. cap. 16. & lib. 2. cap. 32. num. 2. In like maner is it used anno 3 Ed. 1. cap. 7. In the books (de feudis) you shall find (guastaldus) to be almost of the same signification, but something more large: because it is also extended to those that have the custody of the Kings mansion houses, cal∣led of the Lomberds (curtes) in England (Courts) though they be not places of defence or strength. M. Manwood, part. 1. of his Forest laws, pag. 113. saith, that there is an Officer of the Forest called Castellanus.

Castelward (castelgardum, vel wardum castri) is an imposition laid upon such of the Kings subjects, as ••••en within a certain compasse of any Castle, toward the maintenance of such, is doe watch and ward the Castle. Magna char∣ta, cap. 20. & anno 32 H. 8. cap. 48. It is used sometime for the very circuit it self, which is inhabited by such as are subject to this service, is in Stowes annals, pag. 632.

Casu consim••li, is a writ of entrie, granted where the Tenent by courtesie, or Tenent for Term of life, or for the life of another, doth alien in fee, or in tail, or for term of anothers life. And it hath the name of this, for that the Clerks of the Chauncery, did, by their common consent, frame it to the likenesse of the writ called (In casu proviso) according to their au∣thority given them by the Starute, Westm. 2. cap. 24. which, as often as there chanceth any new case in Chancery, something like to a for∣mer case, and yet not especially fitted by any writ, licenceth them to lay their heads toge〈…〉〈…〉 and to frame a new form answerable to the new case, and as like some former case as they may. And this writ is granted to him in the reversion, against the party to whom the said Tenent so alienateth to his prejudice, and in the life time of the said Tenent. The form and effect whereof, read more at large in Fitzh. na. br. fol. 206.

Casu proviso is a writ of entry, given by the Statute of Glocester, cap. 7. in case where a Te∣nent in dower alieneth in fee or for Term of life, or in tail, and lyeth for him in reversion against the alienee. Whereof read Fitz. nat. br. more at large fol. 205.

Catalls, (Catalla) al. âs chatels, cometh of the Normans. For in the eighty-seventh Chapter of the grand customary you shall find, that all moveable goods with them, are called charels: the contrary whereof is (fief) ibid. which we do call fee. But as it is used in our Common Law, it comprehendeth all goods moveable and immoveable, but such as are in the nature of freehold, or parcel thereof, as may be gathered out of Stawnf. praero. cap. 16. and anno Eliz. 1. cap. 2. Howbeit, Kitchin in the chapter catalla. fol. 32. saith that ready money is not accounted any goods or chatels, nor hawkes, nor hounds. The reason why hawkes and hounds be not, he giveth, because they be (ferae naturae) why mo∣ney is not, though he set not down the cause, yet it may be gathered to be, for that money of it self, is not of worth, but as by consent of men, for their easier traffick, or permutation of things necessary for Common life, it is rec∣koned a thing rather consisting in imagination, than in deed. Catals be either personal or real. Personal may be so called in two respects: one, because they belong immediately to the person

of a man, as a bow, horse, &c. the other, for that being any way with-held injuriously from us, we have no means to recover them, but by personal action. Chatels real be such, as either appertain not immediatly to the person, but to some other thing, by way of dependency: as a boxe with charters of land, the body of a ward, apples upon a tree, or a tree it self grow∣ing on the ground. Cromptons Justice of peace, fol. 33. B. or else such as are necessary, issuing out of some immoveable thing to a person: as a lease or rent for tearm of yeares. Also to hold at will, is a chatel real. New tearms, verbo Cha∣tel. The Civilians comprehend these things, as also lands of what kind or hold soever, under bona; bona autem dividuntur in mobilia & immo∣bilia: mobilia verò in ea quae se movent, vel ab aliis moventur, v. legem 49. & l. 208. π. de verb. sig∣nifica. & interpretes ibidem. Bracton also c. 3. l. 3. num. 3. & 4. seemeth to be of the same judge∣ment.

Catallis captis nomine dictrictionis, it is a Writ that lyeth within a Borow, or within a honse, for rent going out of the same, and war∣ranteth a man to take the dores, windowes, or gates, by way of distresse, for the rent. Old. nat. br. Fol. 66.

Catallis reddendis, is a Writ which lyeth where goods being delivered to any man to keep until a certain day, and be not upon de∣mand delivered at the day. And it may be otherwise called a Writ of detinew. See more of it in the Register orig. f. 139. and in the Old nat. br. fol. 63. This is answerable to actio disposi∣ti, in the Civil law.

Catchep••lle, though it now be used as a word of contempt, yet in ancient times, it seemeth to have been used without reproach, for such as we now call Sergeants of the Mace; or any other that use to arrest men upon any cause, anno 25 Ed. 3. stat. 4. cap. 2.

Cathedrall. See Church.

Casu matrimonii praelocuti, is a Writ which lyeth in case where a woman giveth lands to a man in fee simple, to the intent he shall marry her, and refusesh so to do in reasonable time, being required thereunto by the woman. The form, and farther use thereof, learn in the Regi∣ster orig. fol. 233. and in Fitzh. nat. br. fol. 205.

Causam nobis significes, is a Writ which lyeth to a Maior of a Town or City, &c. that formerly by the Kings writ being commanded to give seisin unto the Kings grantee lof any land or tenements, doth delay so to do, wil∣ling him to shew cause, why he so delayeth the performance of his charge. Coke. l. 4. casu communalty des Sadlers. fol. 55. b.

Cautione admittenda, is a Writ that lyeth against the Bishops, holding an excommunicate person in prison for his contempt, notwith∣standing that he offereth sufficient caution or assurance to obey the commandments and or∣ders of holy Church from thenceforth. The form and farther effect whereof, take out of the Regist. orig. pag. 66. and Fitzh. nat. br. fol. 63.

CE

Century (centuria.) See Hundred.

Cepicorpus, is a return made by the Sheriff, that upon an (exigend.) he hath taken the body of the party, Fitzh. nat. br. Fol. 26.

Certiorari, is Writ issuing out of the Chan∣cery, to an inferior Court, to call up the records of a cause therein depending, that conscionable Justice therein may be ministred, upon complaint made by bill, that the party which seeketh the said Writ, hath received hard dealing in the said Court. Terms of the Law. See the divers forms and uses of this, in Fitzh. nat. br. fol. 242. as also the Register, both origi∣nal and judicial, in the tables, verbo Certiorari. Crompton in his Justice of peace. f. 117. saith, that this Writ is either returnable in the Kings Bench, and then hath these words (nobis mitta∣tis:) or in the Chauncerie, and then hath (in caucellaria nostra) or in the Common Bench, and then hath (Justiciariis nostris de banco.) The word (Certiorare) is used divers times in the digest of the Civil Law: but our later Cri∣ticks think it so barbarous, that they suspect it rather to be foisted in by Tribonian, than to be originally used by those men, of whose works the said digest is compiled. Prataeus in suo lexico.

Certificat (certificatorium) is used for a writ∣ing made in any Court, to give notice to ano∣ther Court of any thing done therein. As for example, a certificat of the cause of attaint, is a transcript made briefly and in few words, by the Clerk of the Crown, Clerk of the Peace, or Clerk of Assise, to the Court of the Kings Bench, containing the tenure and effect of eve∣ry endictment, outlawrie, or convictior, and Clerk attainted, made or pronounced in any other Court, anno 34 H. 8. cap. 14. Of this see more in Certificat d'evesque. Broke, fol. 119.

Certification of assise of novel disseisin, &c. Cer∣tificatio assisae novae disseisinae, &c. is a Writ grant ed for the reexamining or review of a matter passed by assise before any Justices, and is cal∣led (certificatione novae dissessinae) Old nat. br. fol. 181. Of this see also the Register original. fol. 200. and the new book of entries, verb. Cer∣tificat of assise. This word hath use, where a

man appearing by his Bailiff to an assise brought by another, hath lost the day: and having something more to plead for himself, as a deed of release, &c. which the Bailiff did not or might not plead for him, desireth a farther examination of the cause, either before the same Justices, or others: & obtaineth Letters patents unto them to that effect. (The form of these Letters Patents, you may see in Fitzh. nat. br. fol. 181.) and that done, bringeth a Writ to the Sheriff, to call both the party for whom the as∣sise passed, and the Jurie that was empaneled upon the same, before the said Justices at a cer∣tain day and place. And it is called a certifi∣cate, because in it there is mention made to the Sheriff, that upon the parties complaint of the defective examination, or doubts yet re∣maining upon the assise passed, the King hath directed his Letters patents to the Justices, for the better certifying of themselves, whether all points of the said assise were duly examined, yea or not. See farther Old nat. br. and Fitzh. ubi supra. Of this also you may read Bracto••. lib. 4. cap. 19. num. 4. in fine, & 5, 6. where he discusseth the reason of this point very learn∣edly; and lastly, Horn in his Mirrour of Ju∣stices, lib. 3. cap. finali, §. en eyde des me∣moyees. &c.

Certificando' de recognitione Stapulae, it is a Writ directed to the Major of the Staple, &c. com∣manding him to certifie the Chauncellor of a statute of the staple, taken before him between such and such, in case where the party himself detaineth it, and refuseth to bring it in, Regist. orig. fol. 152. b. In like manner may be said of (certificando de statuto mercatorio) eodem, fol. 148. and (de certificando in cancellarium de inquisitio∣ne de idemptitate nominis) fol. 195. and (certifican∣do quando recognitio, &c.) and (certificando quid actum est de brevi super statutum mercatorium,) fol. 151. and (certificando si loquela Warantiae,) fol. 13.

Cessor, is he that ceaseth or neglecteth so long to perform a duty be longing unto him, as that by his cesse or cessing he incurreth the danger of Law, and hath, or may have the Writ (cessavit) brought against him. Old nat. br. fol. 136. And note, that where it is said in divers places (the Tenent cesseth) without any more words, such phrase is so to be understood, as if it were said, the Tenent cesseth to do that which he ought, or is bound to do by his Land or Tenement.

Cessavit, is a Writ, ••hat lyeth in divers cases, as appeareth by Fitzh. nat. br. fol. 280. upon this general ground; that he against whom it is brought, hath for two years foreslown to per∣form such service, or to pay such rent, as he is ••ed unto by his Tenure, and hath not upon his Land or his Tenement, sufficient goods or cat∣tels to be distreined. Consult more at large with Fitz. upon this ubi supra, with Fleta lib. 5. cap. 34. § visa sunt, and with the Terms of law. See Cessavit de cantaria. Register orig. fol. 238. Cessavit de feod: firma, eodem fol. 237. Cessavit per biennium, eodem, folio etiam eodem. See the new book of Entries, verbo Cessavit.

Cestui qui vie, is in true French (Cestui a vie de qui.) i. he for whose life any Land or Tene∣ment is graunted. Perkins graunts, 97.

Cestus qui use (ille cujus usui vel ad cujus usum) is broken French, and thus may be bet∣tered: (Cestui all use de qui.) It is an ordinary speech among our Common lawyers, signifying him, to whose use any other man is infeoffed in any Lands or Tenements. See the new book of entries, verbo uses, and in Replevin, fol. 508. colum. 3. & verbo Trespas, fol. 606. & fol. 123. a. b. colum. 3. num. 7.

CH

Chafe wax, is an Officer in Chauncery, that fitteth the wax for the sealing of the Writs, & such other instruments as are there made to be sent out. This Officer is borrowed from the French. For there (calefactores cerae sunt, qui regiis literis in Cancellaria ceram imprimunt. (Co∣rasius.

Chase (chacea) commeth of the French (chas∣ser, i. sectari belluas, apros, cervos.) It signifieth two things in the Common Law. First, as much as (actus) in the Civil law, that is a driving of cattel to or from any place: as to chase a distress to a fortlet. Old. nat. br. fol. 45. Secondly, it is used for a receit for Deer and wild beasts, of a middle nature between a Forest, and a Park: being commonly lesse than a Forest, and not endued with so many liberties, as the Courts of attachment, Swain mote, and Justice seat: and yet of a larger compas, and stored with greater diversity both of keepers and wild beasts or game, than a park. And Crompton in his book of Jurisdictions, fol. 148. saith, that a Forest can∣not be in the hands of a subject, but it forth with loseth the name, and becommeth a chase, and yet fol. 197. he saith, that a subject may be lord and owner of a Forest, which though it seem a contrariety, yet be both his sayings, in some sort, true. For the King may give or alienate a Forest to a subject, yet so, as when it is once in the subject, it leeseth the true property of a Forest: because that the Courts, called the Justice seat, the Swain more, and Attachment, forthwith do vanish; none being able to make a Lord chief Justice in Eyr of the Forest, but the King: as M. Manwood well sheweth, parte 2. of his Forest Lawes, cap. 3. & 4. And yet it may be granted in so large a manner, that there

may be Attachment and Swainmote, and a Court equivalent to a Justice seat, as appeareth by him in the same chapter, num. 3. So that a Chase differeth from a Forest in this, because it may be in the hands of a subject, which a Forest in his proper & true nature cannot: and from a Park, in that that it is not inclosed, & hath not onely a larger compasse and more store of game, but of Keepers also and Overseers. See Forest.

Chale••ge (calumnia) cometh of the French (chalenger, i. sib•• asserere) & is used in the Com∣mon law for an exception taken either against persons or things: persons, as in assise to the Jurors, or any one or more of them: or in a case of felony by the prisoner at the barre. Smith de re••. Angl. lib. 2. cap. 12. Briton. cap. 52. Bracton. lib. 2. tract. 2. cap. 22. Against things, as a decla∣ration, Old nat. br. fol. 76. Chalenge made to the Jurors, is either made to the array, or to the polles. Chalenge to the array is, when the whole number is excepted against, as partially empaneled: chalenge to or by the polle, when some one, or more are excepted against, as not different. Terms of the Law. Chalenge to the Jurours, is also divided into Chalenge princi∣pal, and Chalenge per cause, i. upon cause or rea∣son. Challenge principal (otherwise by Stawnf. pl. cor. fol. 157. & 158. called peremptorie is that, which the Law alloweth without cause alleged or farther examination. Lamberd. Ei∣rena. lib. 4. cap. 14. as a prisoner at the barr, ar∣raigned upon felonie, may peremptorily cha∣lenge to the number of 20. one after another, of the Jurie empaneled upon him, alleging no cause, but his own dislike: and they shall be still put off, and new taken in their places. But in case of high treason no challenge perempto∣rie is allowed, anno 33 H. 8. cap. 23. Fortescue saith that a prisoner in this case may challenge, 35 men, c. 27. but that law was abridged by anno 25 H. 8. cap. 3. I cannot here omit to note some difference, that (in mine opinion) I observe between Chalenge principal, and Chalenge peremptorie, finding peremptorie to be used only in matters criminal, and barely without cause alledged more than the pri∣soners own phantasie, Stawnf. pl. cor. fol. 124. but principal in civil actions for the most part, and with naming of some such cause of excep∣tion, as being found true, the law alloweth without farther scanning. For example: if ei∣ther party say, that one of the Jurors is the son, brother, cousin, or tenent to the other, or es∣poused his daughter, this is exception good and strong enough (if it be true) without farther examination of the parties credit. And how far this Chalenge upon children reacheth, you have a notable example, in Plowden, casu Vernon, against Manners, fol. 425. Also in the plee of the death of a man, and in every action real, as also every action personal, where the debt or dam∣mages amount to 40 marks, it is a good Cha∣lenge to any man, that he cannot dispend 40 shillings by the year of Free-hold, anno 11 H. 7. cap. 21. and Terms of the Law, verbo Cha∣lenge. The ground of this Chalenge you may see farther in Fleta, lib. 4. cap. 8. Chalenge upon reason or cause is, when the party doth allege some such exception against one or more of the Jurors, as is not forthwith sufficient upon acknowledgement of the truth thereof, but rather arbitrable and considerable by the rest of the Jurors: as for example: if the son of the Juror have married or espoused the daughter of the adverse party. Terms of the Law, ubi supra. This Chalenge, per cause, seemed to be tearmed by Kitchin, chalenge for favour, fol. ••2. or ra∣ther Chalenge for favour is said there to be one species of Chalenge per cause: where you may read what chalenges be commonly ac∣counted principal, and what not. See the new book of Enteries, verbo, Chalenge, and the Old. nat. br. fol. 158. & 159. That this word (Cha∣lenge) is long sithence latined by the word (calumnia) appeareth by Bracton. lib. 3. tract. 2. cap. 18. & lib. 4. tract. 3. cap. 6. & lib. 5. cap. 6. But I doubt Priscian will never forgive him that first strook this blow at him. Of Chalenge you may farther read Fleta lib. 1. cap. 32. §. Ad quem diem, & seq.

Chamberdekins, are Irish beggers, an. 1 H. 5. c. 8.

Chamberer, is used for a Chamber-maid, an. 33 H. 8. cap. 21.

Chamberlain (camerarius vel camberlingus) cometh of the French (chambellan i. cubiculari∣us, vel praefectus cubiculi.) It is diversly used in our Cbronicles, Laws, and Statutes: as Lord great Chamberlain of England, Lord Chamber∣lain of the Kings house, the Kings Chamber∣lain, anno 13 Ed. 1. cap. 41. anno 17 R. 2. cap. 6. to whose office it especially appertaineth to look to the Kings chambers and wardrope, and to govern the under ministers belonging unto the same. Fleta lib. 2. cap. 6. & 7. Cham∣berlain of any of the Kings courts, anno 7 Edw. 6. cap. 1. Chamberlain of the Exchequer, anno 51 H. 3. stat. 5. & anno 10 Ed. 3. cap. 11. & anno 14 ejusdem, cap. 14. & anno 26 H. 8. cap. 3. Chamberlain of North Wales, Stow, pag. 641. Chamberlain of Chester, Cromptons jurisd. fol. 7. This Officer is commonly the receiver of all rents and revenues belonging to that person or City whereunto he is Chamberlain. Vide Fle∣tam lib. 2. cap. 70. §. Si autem. The Latine word seemeth to expresse the function of this officer. For (camerarius dicitur à camer a, i. testitudine sive

fornice: ••quia custodit pecun••as quae in cameris prae∣cipuè reservantur. Onyphrius de interpret. vocum ecclesiasticarum. It seemeth to be borowed from the Feudists, who define the word (camera) thus: Camera est locus in quem the saurus recol∣ligitur, vel conclave in quo pecunia reservatur. Za∣sius de feudis, part. 4. num. 7. and Peregrinus, de jure fisci, lib. 6. tit. 3. saith, that camerarius vel camberlingus (quem quaestorem antiqui appella∣runt) in rebus fisci primum locum tenet, quia the∣saurarius & custos est publicae pecuniae. Sane of∣ficium hoc primipilatus fuisse nonnulli senserunt. There be two officers of this name in the Kings Exch••quer, who were wont to keep a controle∣ment of the pells of receipt and exitus, and kept certain keyes of the treasure cofers, which is not now in use. They keep the keyes of the Treasurie, where the leagues of the Kings pre∣decessors, and divers ancient books do remain. There is mention of this officer, in the Statute, an. 34. & 35 H. 8. cap. 16. There be also Un∣der-chamberlains of the Exchequer, which see in Under-chamberlain.

Champartie (cambipartita) aliâs champertie, seemeth to come from the French (champert, i. vectigal) and signifieth in our Common law, a maintenance of any man in his sute depend∣ing, upon condition to have part of the thing (be it lands or goods) when it is recovered. Fitz. nat. br. fol. 171. and champertours be they, that move plees or sutes, or cause to be moved, either by their own procurement, or by other; and pursue at their proper costs, for to have part of the land in variance, or part of the gains, anno 33 Ed. 1. stat. 2. in fine. Where∣unto adde the third statute made the same year. This seemeth to have been an ancient fault in our Realm. For notwithstanding these former statutes, and a form of writ framed unto them, yet anno 4 Ed. 3. cap. 11. it was again enacted, that whereas the former statute pro∣vided redresse for this in the Kings Bench one∣ly (which in those dayes followed the Court) from thenceforth it should be lawful for Ju∣stices of the Common plees likewise, and Ju∣stices of Assises in their circuits, to inquire, hear, and determine this and such like cases, as well at the sute of the King, as of the Party. How farre this Writ extendeth, and the divers forms thereof, applyed to several cases, See Fitz. nat. br. fol. 171. and the Register orig. fol. 183. and the new book of Enteries, verbo Champertie. Every Champertie imployeth maintenance, Cromptons jurisd. fol. 39. See also his Justice of Peace, fol. 155. b. &c. These with the Romans were called redemptores litium, qui sc. quotidian as lites mercantur, aut qui partem litis paciscuntur, l. si remuner andi §. Maurus. π. Mandati, l. si con∣tra. & l. per diversas. Co. eodem, 13.

C••anpion (campio) is thus defined by Hotto∣man, in verbis feudalibus. Campio est certator pro alio datus in duello: à campo dictus, qui circus erat decertantibus definitus. In our Common law, it is taken no les••e for him that trieth the combat in his own case, than for him that fight∣eth in the place or quarrel of another, Bracton, lib. 3, tract. 2. cap. 21. num. 24. who also seemeth to use this word for such, as hold by Seargante, or some service of another: as campiones faci∣unt homagium domino suo, lib. 2. cap. 35. Of this read more in Battel and Combat. 30.

Chanceler (cancellarius) cometh of the French (chancelier) Vicentius Lupanus de magistratibus Francorum saith that (cancellarius) is no Latine word: howbeit, he citeth divers Latine Wri∣ters that do use it. With him agreeth that excellent man Petrus Pithaeus, libro 2. adversari∣orum, cap. 12. and whereas Lupanus would derive it from the verb (cancello), Pithaeus con∣fe••eth, he hath good colour for his opinion though he think it not sound; and therefore ra∣ther deduceth it (à cancellis. (Cancellare) is (liter as vel scriptum linea per medium duct a dam∣nare) and seemeth of it self like wise to be de∣rived (à cancellis) which signifie all one with (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) in Greek, which we in our tongue call a Le••is: that is, a thing made of wood or iron barres, laid crosse-waies one over another, so that a man may see through them in and out. And is to be thought, that Judgement seats in old time, were compassed in with those barres, being found most necessary to defend Judges and other Officers from the presse of the multitude, and yet never the more to hin∣der; any mans view, that had a desire or cause to observe what was done. Cancellarius at the first, by the opinion of Lupanus, signified the re∣gisters or actuaries in Court (grapharios sc. qui conscribendis & excipiendis judicum act is dant operam) Pithaeus saith, they were such as we now call (Secretarios.) But this name in our daies is greatly advanced and not only in other Kingdomes, but in ours also, is given to him that is the chief man for matter of Justice (in private causes especially) next unto the Prince. For whereas all other Justices in our Common∣wealth, are tied to the Law, and may not swerve from it in judgement: the Chancelor hath in this the Kings absolute power, to mo∣derate and temper the written Law, and sub∣jecteth himself onely to the Law of nature and conscience, ordering all things juxta aequum & bonum. And therefore Stanford in his Preroga∣tive cap. 20. fol. 65. saith, that the Chancelor hath two powers, one absolute, the other ordi∣narie: meaning, that though by his ordinary power in some cases, he must observe the form

of proceeding, as other ordinary Judges: yet that in his absolute power he is not limited by the written law, but by conscience and equity, according to the circumstances of the matter in question. But how long he hath had this power, some would doubt. For Polidorus Virgilius, lib. 9. historiae Anglica. hath these words of William the Conquerour: Instituit item Scribarum Colleginm qui diplomata scriberent, & ejns Collegii magistrum vocabat Cancellarium, qui paulatim supremus factus est Magistratus, qualis hodie habeiur. And see Flet. lib. 2. cap. 13. This high Officer, seemeh to be derived from France unto us, as many other Officers and usages be. For of this thus writeth Boerius in his tract. De authorit. Magni Consilii. nu. 8. Consisto∣rio Franciae post Principem Dominus Franciae Can∣cellarius cui velut excelsum judicii tribunal hoc in regno (sub Principe tamen nostro moder anti, si∣gillum •• authenticum, quo sine publicis & patenti∣bus regiis literis nulla fides adhibetur, liberam ad∣ministrationem habenti, omnes & singuli regii Ju∣sticiarii, quocunque nomine nuncupontur, ac quavis authoritate fung antur, co inferiores sant. Et me∣ritò: Succedit enim in quaestoris locnm, &c.

He that beareth this Magistracie, is called the Chancellor of England, anno 7 R. 2. c. 14. and by the Statute anno 5 Eliz. cap. 18. the Lord Chancellor and Keeper have all one power. Nore farther, that divers inferior Officers are called Chancellors, as Chancellor of the Exche∣quer, anno 25 H. 8. cap. 16. whose office hath been thought by many, to have been created for the qualifying of extremities in the Exche∣quer. He f••teth in the Court, and in the Ex∣chequer chamber, and with the rest of the Court ordereth things to the Kings best bene∣fit: he is alwayes in commission with the Lord Treasurer for the letting of the Lands that came to the Crown by the dissolution of Ab∣beyes: and hath by privie seal from the King, power with others to compound for forfei∣tures of honds, and forfeitures upon penal sta∣tutes. He hath also much to do in the revenue come by the dissolution and first fruits, as ap∣peareth by the acts of uniting them to the Crown. Chanchellor of the Dutchie of Lan∣caster, anno 3 Ed. 6. cap. 1. & anno 5 ejusdem, cap. 26. whose office is principal in that Court to judge and determine all controversies between the King and his Tenents of the Dutchie land, and otherwise to direct all the Kings affaires belonging to that Court. Chancellor of the Order, i. of the Garter, Stowes annals, pag. 706. Chancellor of the University, anno 9 H. 5. cap. 8. & anno 2 H. 6. cap. 8. Chancellor of the Court of Augmentations, anno 27 H. 8. cap. 27. & anno 32. ejusdem; cap. 20. & anno 33. ejusdem, cap. 39. Chancellor of the n••••t truits, anno 32 H. 8. cap. 45. Chancellor of Courts, anno 32 H. 8. cap. 28. Chancellor of the Diocesse, anno 32 H. 8. cap. 15.

Chancerie, (Cancellaria) is the Court of equity and conscience moderating the rigour of other Courts, that are most straightly tyed to the Let∣ter of the Law, whereof the Lord Chancellor of England is the chief Judge. Cromptons jurisd. fol. 41. or else the Lord Keeper of the great Seal, sithence the statute 4 Eliz. cap. 18. It taketh the name from the Chancellor, as M. Cambden noteth in his Britannia, pag. 114. in meo. The Officers belonging to this Court, are (as is abovesaid) the Chancellor or Kee∣per of the broad Seal, twelve Masters of the Chancery, whereof the Master of the Rolls is one and the chief, the six Clerks, the Examiners, a Sergeant at Armes, the Marshall, and Crier of the Court, the Clerks of the courts, otherwise called Courseters, the Clerks of the Pettie bagge, the Clerk of the Crown, the Clerk of the hanapar, the protonotary or register, the con∣troller of the hanaper, the Clerk of appeals, the Sealer, the Chafe-wax, the Clerk of the facul∣ties, the Clerk of the patents, Clerk of the statre - chamber, Clerk of presentations, Clerk of dismission, Clerck of licenses to alienate, Clerks of the enrollements, Clerk of the protections, Clerk of the court of wards, Clerk of the subpenaes, which lee described in their places.

Chapel (Capella) cometh of the French (cha∣pelle, i. aedicnla) and is of two sorts, either ad∣joyning to a Church, as a parcel of the same, which men of worth do build, ut ibidem fami∣liaria sepalchra sibi constituant, to the use of the Romanes, l. 5. π. de religio: or else separate from the mother Church, where the Parish is wide, and is commonly called a Chapel of ease: because it is builded for the ease of one or more Parishioners that dwell over farre from the Church, and is served by some inferior Cu∣rate provided at the charge of the Rector, or of them that have benefit by it, as the composi∣tion or custome is. Whence the word is de∣rived, the Caronists differ in opinion. Rebuffus de pacif. possess. num. 104. saying, that some take it (à capiendo l. icos) others (à capra) because it representeth those cottages, which men wore wont to cover over with Goats skins. Petrus Gregorius in suo syntagmate, lib. 15. cap. 29. hath these words of this thing; Capellanus a capella is & capella cui praeficitur, nominatur: item ab offi∣cio sen bene ficio & capellania. Capella aliquibus dicta, quasi capiens 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 seu populos, vel capiens landem: vel secundùm praepositum (à cappa Divi Martini, aut à caprinis pellibus, quibus olim alta∣ria

tegeba••tur secundùm Archidiacanum. Ar∣bitrarer & à simplici tecto, quo oratorium campe∣stre operitur, laeteribus undiqua{que} patentibus & pa∣tulis. Tectum enim Gallis simpliciter dicitur (cha∣pelle) à capite. Under & formata aliqua aomina (chape in, cape, &c.) Aut capella locus qui minor is spatii sit quàm ecclesia quod tot homines non capiat, ut ecclesia. Ita altare eapella est ca. quaesitum, &c. penult. i. quaest. 3. Jahan. A••draeas in cap. 1. de succes. ab intesta. & praebenda cum onere quotidie celebrandi sacram l••turgiam. ca. significatum. 11. de praebend. & or atorium. ca. authoritate: de privi∣legiis, in 6. quòd in eo loco orationes non aliae res pro∣fanae peragi debeant. ca. pen. & fina. 42. distinct. The same author in his book de beneficiis, cap. 11. nu. 10. hath these words: D••cti porrò primi tùs cappellant à cappa Sancti Martini, quam Reges Francorum ob adjuratorium in praeliis solebant secum habere: quam ferentes & custodientes, cum caeteris sanctorum reliquiis clerici, capellani caeperunt vocari, ut omnia refert Valafridus Stra∣bo, Abbas Augensis, ca. fina. de incrementis rerum ecclesiastica.

There is of these chapels one kind called a f••ee chapel, which seemeth to be such as hath maintenance perpetual toward the upholding thereof and wages of the curate, by some lands charitably bestowed on it, without the charge of the Rector or Parish, anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14.

Chapellain, (capellanus) is he that performeth divine service in a chapel; and therefore in our Common law, it i•• used most ordinarily for him, that is depending upon the king, or other man of worth, for the instruction of him and his family, the executing of prayers and preaching in his private house, where common∣ly they have a Chapel for that purpose, as anno 21 H. 8. cap. 13. Where it is set down what persons may privilege one or mo Chaplains, to discontinew from their benefices, for their particular service.

Chapiters (capitula) cometh of the French (chapitre, i. caput libri) It signifieth in our Com∣mon law, a summary or con ent of such matters, as are to be inquired of or presented before Justices in Eyr, Justices of Assise, or of Peace in their sessions. So it is used, anno 3 Ed. 1. cap. 27. in these words: and that no Clerk of any Justice, Escheatour, or Commissioner in Eyr, shall take any thing for delivering chapiters, but onely Clerks of Justices in their circuits: and again, anno 13 ejusdem, cap. 10. in these words: and when the time cometh, the Sheriff shall certifie the Chapiters before the Justices in Eyr, how many Writs he hath, and what, &c. Britton likewise useth the same word in this signification, cap. 3. Chapiters or (capitula be now called articles most ordinarily, and are de∣livered as well by the mouth of the Justice in his charge, as by the Clerks in writing to the Enquest; whereas in auncient times (as appear∣eth by Bracton and Britton they were after an exhortation given by the Justices for the good observation of the laws and kings peace, first read distinctly and openly in the whole Court, and then delivered in writing to the grand En∣quest. And the same order doth M. Lamberd wish to be kept in these dayes also. Eirenar. lib. 4. cap. 4. pag. 393. Horn in his mirrour of Ju∣stices calieth them articles; and expresseth what they were wont to contain, lib. 3. cap. des articles in Eyr. An example of these chapters or articles you have in the book of assises, fol. 138. num. 44. as also in Roger Hoveaen, parte poster. suorum annal. i•• Richardo primo, fol. 423.

Chapter (capitulum) signifieth in our Com∣mon law (as in the Canon Law, whence it is borrowed) congregationem clericorum in ecclesia cathedrali conventuali, regulari, vel collegiata; and in another signification, locum in quo fiunt com∣munes tractatus collegiatorum. It hath other sig∣nifications, though not greatly worth the re∣peating in this place, which you may read in Linwoods provincials glos. in ca, quia incontinentiae, de constitutionibas, verb. Capitulis. Why this col∣legiat company should be called (capitulum) of the Canonists, a man may make a question: and for answer, it may be said, that it is metaphori∣cally so termed, the word originally signifying a little head. For this company or corporation is a kind of head, not onely to rule and govern the Diocesse in the vacation of the Bishoprick, but also in many things to advise the Bishop, when the See is full. See Panormitan. in ca. capitulum. extrade rescriptis.

Charta perdonationis se defendendo, is the form of a pardon for slaying another in a mans own defence. Register. original. fol. 287.

Charta perdonationis Utlagariae, is the form of a pardon for a man that is out-lawed. Regi. orig. fol. 288.388.

Charter chartea) cometh of the French (char∣tres, i. instrumenta.) It is taken in our law, for written evidence of things done between man and man, whereof Bracton, lib. 2. cap. 16. num. 1. saith thus: Fiunt aliquando donationes in scriptis, sicut in chartis, ad perpetuam rei memoriam propter brevē hominū vitā, &c. and a little after: num. 12. Et sciendum quòd chartarumalia regia, alia pri∣vatorum; & regiarum alia privata, alia cōmunis, & aliauniver salis. Itemprivatorum, alia de puro feoffamēto & simplici, alia de feoffamento conditio∣nali sive conventionali: & secundùm omnia genera feoffamextorum fieri potest. Item privatorum alia

de recognitione pura vel conditionali. Item aliam de qutete-clamantia, Item alia de confirmatio∣ne, &c. and so through the chapter. Briton like∣wise in his 39. chapter, divideth Charters into the Charters of the King, and Charters of pri∣vate persons. Charters of the King are those, whereby the King passeth any grant to any per∣son or more, or to any body politick: as a Char∣ter of exemption that a man shall not be em∣paneled upon any Jury. Kitchin, fol. 114. & fol. 177. Charter of pardon, whereby a man is for∣given a felony, or other offence committed against the Kings Crown and dignitie. Broke, tit. Charter of pardon. Charter of the Forest, wherein the lawes of the forest are comprised. anno 9 H. 3. Cromptons jurisd. fol. 147. Pupilla oculi, parte 5. cap. 22. Manwood, parte 1. of his Forest laws fol. 1. where he setteth down the Charters of Canutus, and fol. 17. where he hath set down that which was made, anno 9 H. 3. with the Charter of the Forest which we use; M. Skene saith, that the laws of the Forest in Scotland do agree. De verbo signif. verbo Veni∣son. Charter of land. Broke, eodem titulo. That which we call a Charter, the Lombards in li∣bris feudalibus call praeceptum (praeceptionem) Ho∣tama, verbo praeceptum in verbis feudalibus. Of these Charters you have also along discourse in Fleta lib. 3. cap. 14. who expoundeth every sub∣stantial part of a deed of gift particularly in or∣der.

Charter land, (terra per chartam) is such as a man holdeth by Charter, that is, by evidence in writing; otherwise called-Free hold, anno 19 H. 7. cap. 13. and Kitchin. fol. 86. and these in the Saxons time, were wont to be called, (Bock∣land) Idem, fol. 89. and Lamberd in his explica∣tion of Saxon words, verbo Terra ox Scripto, which was held as he there saith, with more commodious and easier conditions, than (Folk∣land) was: that is land held without writing. And the season he giveth, because that was hae∣reditaria, libera, atque immunis: whereas fundus sine scripto censum pensitab at annuum a que offici∣orum quadam servitute est obligatus. Priorem viri plerumque nobiles atque ingenui, posteriorem rusti∣ci ferè & pagani possidebant. Illam nos vulgò free-hold & per chartam, hanc ad voluntatem domini appellamus. Thus farre M. Lam∣berd.

Charta partie (charta partita) is nothing but that which we call a pair of indentures, con∣taining the covenants and agreements made between Merchants, or Sea-faring men, touch∣ing their maritine affairs, anno 32 H. 8. cap. 14.

Chartis redd ndis, is a Writ, which lyeth against him that hath Charters of Feofment delivered him to be kept, and refuseth to de∣liver them, Old nat. br. fol. 66. Register orig. fol. 159.

Chase. See Chace.

Chatel. See Catel.

Chaunce medley (Infortunium) cometh of the French words (chance, i. lapsus) and (mester, i. miscere) It signifieth in our Common law, the casual slaughter of a man, not altogether with∣out the fault of the slayer. Stawnf. pl. cor. lib. 1. cap. 8. calleth it homicide by misadventure, West calleth it Homicide mixt. part. 2. symbol. titulo Indictments, sect. 50. and there defineth it thus: Homicide mixt is, when the killers igno∣rance or negligence is joyned with the chance: as if a man lop trees by an high way side, by which many usually travel, and cast down a bow, not giving warning to take heed thereof, by which bow one passing by is slain: In which case he offendeth, because he gave no warn∣ing, that the party might have taken heed to himself. See Skene de verbo signifi. verbo Melle∣tum.

Chaungeour, is an Officer belonging to the Kings mint, whose function seemeth especially to consist, in exchanging coin for gold or silver in the Masse, brought in by Merchants or others, anno 2 H. 6. cap. 12.

Chauntery, (cantaria) is a Church or Chapel endowed with lands or other yearly revenue, for the maintenance of one or moe Priests, dai∣ly to sing Masse for the souls of the Donours, and such others, as they do appoint, anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14.

Check-rolle, seemeth to be a rolle or book, that containeth the names of such, as are atten∣dants and in pay to great personages, as their houshold servants. It is otherwise called the chequer roll, anno 24 H. 8. cap. 13. anno 3 H. 7. cap. 13. and seemeth to have one ety∣mologie with eschequer. Which see.

Chevage, (chevagin••) cometh of the French (chef, i. caput.) It signifieth with us, a summe of money paid by villeins to their Lords, in ac∣knowledgement of their slavery. Whereof Bra∣cton, lib. 1. cap. 10 saith thus: chevagium dicitur recognitio in signum subjectionis & dominti de capite suo. It seemeth also to be used, for a sum of money, yearly given to a man by another of might and power, for his avowement, and maintenance & protection, as to their head or leader. M. Lamberds, li. 2. cap. 5. Eirenarch, writeh it (chivagt) or rather (chiefage.)

Chevisance, cometh of the French (chevir, i. ve∣nir a chief de quelque chose) to come to the head or end of a business, to perfect a matter. This word is used for bargaining, anno 37 H. 8. cap. 9. t anno 13 Eliz. cap. 5. et 8. anno 10 R. 2. cap. 1. et anno 3 H. 7. cap. 5.

Chief. See Capite.

Chief pledge (plegius, vel vas capitalis) anno 20 H. 6. cap. 8. For the understanding of this word, See Bo••owhead.

Childwit, cometh of the Saxon word (child.) and wit) which some say in that tongue, is a termination of some words without significa∣tion, as (dom) in (Christendom) or (hood) in (child∣hood) with us. But for the signification of (wit) see Bloudwit. Childwit signifieth a power to take a fine of your bondwoman begotten with child without your consent, Rastall, exposit. of words.

Chimin, (chiminus) cometh from the French (chemin, i. aditus, via) and signifieth in our Com∣mon law, a way. It is divided into two sorts: the Kings high way, and a private way, Kitchin. fol. 35. The Kings high way (chiminus regius is that, by which the Kings subjects, and all others under his protection, have free libertie to passe, though the propertie of the soyl of each side, where the way lieth, may perhaps be∣long to some private man. A way private i: that, by which one man or more have liberty to passe, either by prescription or by Charter, through another mans ground. And this is di∣vided into chimin in grosse, and chimin appen∣dant, Kitchin fol. 117. Chymin in grosse is that way, which a man holdeth principally and sole∣ly in it self: Chimin appendant is that, which a man hath adjoyne•• to some other thing as ap∣pertinent thereunto. For example, if a man hire a close or pasture, and covenant for ingresse and egresse to and from the said close, through some other ground, by which otherwise he can∣not passe. Or Chimin in grosse may be that, which the Civilians call personall: as when one covenanteth for a way through another mans ground, for himself and his heirs: Chi∣min appendant, on the other side, may be that which they call real; as when a man purchaseth a way through another mans ground, for such as do or shall dwell in this or that house, for ever, or be owners of such a mannor.

Chiminage, (chiminagium) signifieth a toll for wayfarage thorow the Forest, Cromptons jurisd. fol. 189. and Manwood parte 1. of his Forest, lawes, pag. 86. See Chimin. The Feudists call it, Pedagium. See Chimin.

Chirographer of Fines (chirographus finium & concord••arum) cometh of the Greek (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) which signifieth a writing of a mans own hand, whereby he acknowledgeth a debt to another. It signifieth in our Common Low, him in the Common Bench office, that ingrosseth Fines in that Court acknowledged into a perpetual re∣cord, after they be acknowledged, and fully passed by those Officers, by whom they are for∣merly examined; and that writeth and deli∣vereth the Indentures of them unto the party, anno 2 H. 3. cap. 8. and West. Symbol. parte 2. titu∣lo fines. sect. 114. & 129. Fitzh. nat. br. fol. 147. A. This Officer also maketh two Indentures, one for the Buyer, another for the Seller; and maketh one other intended piece, contain∣ing also the effect of the Fine, which he deli∣vereth over to the Custosbrevium, that is called the foot of the Fine. The Chirographer also, or his Deputy, doth proclaim all the Fines in the Court every Term, according to the Statute; and then repairing to the office of the Custos brevium, there indorseth the Proclama∣tions upon the backside of the foot thereof: and alway keepeth the Writ of Covenant, as also the note of the Fine.

Chivage. See Chevage.

Chivalrie, (servitium militare) commeth o the French (chevalier, i. eques) and signifieth in our Common law, a tenure of land by Knights service. For the better understanding whereof, it is to be known, that there is no land, but is holden mediately or immediately of the Crown, by some service or other: and therefore are all our Free-holds that are to us and our heirs, called (Feuda) feese; as procee∣ding from the benefit of the King, for some small yearly Ren••, and the performance of such services, as originally were laid upon the Land at the donation thereof. For as the King gave to the great Nobles his immediate Te∣nents, large possessions for ever, to hold of him for this or that Rent and service: so they again in time parcelled out to such as they li∣ked their lands so received of the kings bounty, for Rents and services, as they thought good. And these services are all by Litleton divided into two sorts: Chivalrie, and Socage. The one is martiall and military, the other clow∣nish and rusticall. Chivalrie therefore is a te∣nure of service, whereby the Tenent is bound to perform some noble or military office unto his Lord, and is of two sorrs: either regall, that is, such as may hold only of the king: or such as may also hold of a Common person, as well as of the king. That which may hold only of the king is properly called Servitium, or Sergeanti••: and is again divided into grand or petit, i. great or small. Great, commonly cal∣led Grand Sergeantie, is that where one holdeth lands of the King by service, which he ought to doe in his own person unto him: as to bear the kings Banner, or his Spear, or to lead his Hoast, or to be his Marshall, or to blow a Horn, when he seeth his enemies invade the Land. or to find a man at Armes to fight within the four Seas, or else to do it himself, or to bear the

Kings Sword before him at his Coronation, or at that day to be his Sewer, Carver, Butler, or Chamberlain. Litleton tit. Sergeantie. Petit Ser∣geantie, is where a man holdeth land of the King, to yeeld him yearly some small thing to∣ward his warres, as a Sword, Dagger, Bow, Knife, Spear, pair of Gloves of mail, a pair of Spurs, or such like. Litleton titulo petit Sergeantie. Chivalrie, that may hold of a Common person, as well as of the King, is called (scutagium) escuage, that is, service of the shield And this is either uncertain or certain. Escuage is uncertain is likewise twofold: first where the Tenent by his tenure is bound to follow his Lord going in person to the Kings wars a∣gainst his enemies, either himself, or to send a sufficient man in his place, there to be main∣tained at his cost so many dayes, as were agreed upon between the Lord and his first Tenent at the granting of the fee. And the dayes of such service seem to have been rated by the quantity of the land so holden: as if it extend to a whole Knights fee, then the Tenent was bound thus to follow his Lord fortie dayes. And a Knights see, was so much land, as in those dayes was accounted a sufficient living for a Knight: and that was 680 acres, as some opinion is, or 800. as others think: or 15 pounds per annum. Camdens Britan. pag. 110. in meo. S. Thomas Smith sayeth, Census equestris is fortie pounds revenue in free lands. If the law extend but to half a knights fee, then the Tenent is bound to follow his Lord, as above is said, but twen∣tie dayes. If to a fourth part, then ten dayes, Fitz. nat, br. fo. 83. C. & 84. C. E. The other kind of this Escuage uncertain is called Castle∣ward: where the Tenent by his land is bound, either by himself, or by some other, to defend a Castle, as often as it shall come to his course Escuage certain, is where the Tenent is set at a certain summe of money, to be paid in lien of such uncertain service, as that a man shall yearly pay for a Knights fee, twenty shillings. Stow. annal. pag. 238. for half a Knights fee, ten shillings, or some like rate. And this service, because is it drawn to a certain rent, groweth to be of a mixt nature: not meerly Socage, for that it smelleth not of the Plough, and yet Socage in effect: being now neither personal service, nor uncertain. Litleton, titulo Socage. This tenure called Chivalrie, hath other con∣ditions annexed unto it: as Homage, Fealtie, Wardship, Relief, and Mariage, Bracton lib. 2 cap. 35. which, what they signify, look in their places. Chivalrie is either generall or especiall. Dyer fo. 161. num. 47. Generall seemeth to be, where only it is said in the Feosment, that the Tenent holdeth per servitium militare, without any specification of Sergeantie, Escuage, &c. Speciall, that which is declared particularly what kind of Knights service he holdeth by.

Chorall, (choralts) seemeth to be any, that by vertue of any of the orders of Clergy, was in antient time admitted to fit and serve God in the Quire, which in Latine is tearmed Cho∣rus.

Chose, (res) is the French word as generall as (thyng) is with us. It is in the Common law, used with divers Epithites worthy the inter∣pretation: as Chose locall is such a thing as is ••nnexed to a place. Fo example: a mill is Chose locall, Kitchin fol. 18. Chose transitorie, in the same place seemeth to be that thing which is moveable, and may be taken away, or carried from place to place. Chose in action is a thing incorporeall, and only a right: as an Annuitie, an obligation of debt, a Covenant, or Voucher by warrantie, Broke titulo, Chose in action. And it seemeth, that Chose in action, may be also called Chose in suspence, because it hath no reall existence or being, neither can be properly said to be in our possession, Broke ibi∣dem.

Church - wardens (Ecclesiarum gardiani) be Officers yearly chosen, by the consent of the Minister and Parishioners, according to the Cnstome of everie severall place, to look to the Church, Church-yard, and such things as belong ••o both, and to observe the behaviours of ••heir Parishioners for such faults as appertain ••o the Jurisdiction or censure of the Court Ec∣clesiastical. These be a kind of Corporation, enabled by law, to sue for any thing belonging to their Church, or poor of their Parish. See Lamberd in his Pamphlet of the duty of church-wardens.

Churchesset, is a word that I find in Fleta l.b. 1. cap. 47. in fine: whereof he thus writeth: Certam mensuram bladi tritici significat, quam quilibet olim sanctae Ecclesiae die Sancti Martini empore tam Britonum quàm Anglorum contri∣buerunt. Plures tamen magnates, post Romano∣rum adventum, illam contributionem secundum ve∣terem legem Moysi nomine primitiarum dabant: prout in brevi regis Knuti, ad summum Pontificem traxsmisso, continetur, in quo illam contributio∣nem, (chirchsed) appellant, quasi semen Ec∣clesiae.

CI

Cinamon (cinamomum) is a tree, whereof the bark is known to be a pleasant, comforta∣ble, and medicinall spice, which you have de∣scribed in Gerards Herball, li. 3. cap. 142. This is reckoned among garbleable spices, anno 1 Jac. 19.

Cinqne portes (quinque portus) be those

special Havens that ly toward France & therfore have been thought by out Kings, from time to time, to be such as ought most vigilantly to be observed against Invasion. In which respect the places where they be, have an especial go∣vernour or keeper, called by his office Lord Warden of the Cinque Ports: and divers pri vileges granted unto them, as a particular ju risdiction, their Warden having the authority of an Admirall among them, and sending out writs in his own name. Crompton in his ju∣risdictions, fol. 28. nameth the Cinque por. s Dover, Sandwich, Rye, Hastings, Winchelsea, Rumney, Hithe, whereof some, because the number exceedeth five, must either be added to the first institution, by some latter 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 actionis) is a lon∣ger course of proceeding, to recover the thing sued for, than is needfull. See the new Terms of law.

Circumstantibus, is a word of art, signifying the supply or making up of the number of Ju∣rors, (if any impaneled appear not, or appea∣ring, be challenged by either party) by adding unto them so many other of those that are pre∣sent or standing by, as will serve the turn, v. an. 35 H. 8. cap. 6. and anno 5 Elizab. cap. 25.

Citie (civitas) commeth of the French (cite) and signifyeth with us, as it doth in other Re∣gions, such a Town corporate, as hath a Bi∣shop and a Cathedrall Church. For Lucas de Penna, lege unica, tituli, De Metropol. Bcryto. tit. 21. lib. 10. Cod. hath these words: Idem locus, urbs, civitas, & opidum appellatur. (Pro quo est etiam infra. De spectaculis, l. Nemo.) Civitas e∣nim dicitur, quatenus cum justitia & magistr atu∣um ordine gubernatur; opidum, quatenus est ••bi copia incolarum: & urbs, quatenus muris debito more cingitur. Propriè autem dicitur civitas, quae habet Episcopum. Supra de Episcop. & Cleri. l. Nulli. Aliâs dicitur gener aliter omnis habitatio plurimorum, quae muro cingitur. π. de verbo signif. lib. 2. & de penu lega. l. Nam quod §. Si ita. Sed strictè loquendo, si Episcopo caret, dicitur nrbs. π. de verb. signif. l. Pupillus. §. Oppidum, &c. Yet M. Crompton in his Jurisdictions, where he reckoneth up the Cities, leaveth out Ely, though it have a Bishop and a Cathedrall Church, and putteth in Westminster, though now it have no Bishop. And anno 35 Eliz. cap. 6. Westminster is called a City, anno 27 ejusd. cap. 5. Of the Statutes not printed, it is alterna∣tively termed a City or Borow. It appeareth by the Statute 35 H. 8. cap. 10. that then there was a Bishop of Westusmjter. Civitas, ac∣cording to Aristotle, li. politicorum, ca. pri. is defined to be a certain or uniform government of the Inhabitants, & Caesar civitatem vocat po∣pulum eodem jure utentem, Camd. Britan. pa. 310. But this is the generall definition of a Com∣mon-wealth, and not of a City, at the least, as we now a dayes particularly take it. For over and beside that which is above said, Cassanaeus in consuetudi. Burg. pag. 15. saith, that France hath within the territories of it, one hundred and four Cities, and giveth reason of this his saying, because there be there so many seates of Archbishops and Bishops.

CL

Clack, as to clack, force, and bard, aliàs, beard good wools, anno 8 H. 6. ca. 22. whereof the first. viz. to clack wool, is to cut off the sheeps mark, which maketh it to weigh lesse, and so yeeld the lesse custome to the King; to force wool, is to clip off the upper and more hairy part of it; to bard or beard it, is to cut the head and neck from the rest of the sleece.

Clamea admittenda in i••inere per Atturnatum, is a writ whereby the King commandeth the Justi∣ces in Eyre to admit of ones clai••n by Atturney, that is employed in the Kings service, and can∣not come in his own person. Register. orig. fol. 19. b.

Clayme (clameum is a challenge of Interest in any thing that is in the possession of another or at the least out of his own: as, claim by Charter, claim by Descen. Old. nat. br. fol. 11. Si dominus infra annum clamcum qualiter∣cunque apposuerit: Bracton lib. 1. cap. 10. See the definition and divers sorts of claim in Plowden. Casu Stowel. fol. 359. a.

Clarentius. See Herald.

Clergie (clerus, clericatus) is diversly taken: sometime for the whole number of those, that are (de clero Domini) of the Lords lot or share, as the tribe of Levi was in Judaea: sometime for a plee to an Indictment, or an appeal, and is by Stawnf. pl. cor. l. 2. cap. 41, thus defined. Clergy is an antient liberty of the Church, which hath been confitmed by divers Parlia∣ments, and is, when a Priest, or one within Orders, is arraigned of felony before a secular Judge, he may pray his Clergy, which is as much as if he prayed to be delivered to his Or∣dinary, to purge himself of the offence object∣ed. And this might be done in case of mur∣ther. Cook lib. 4. fol. 46, a. This libertie is men∣tioned in articulis cleri, ann. 9 Ed. 2. cap. 16. and what persons might have their Clergy, and what not, see Stawnf. pl. cor. lib. 2. cap. 42 & 43. Howbeit there be many statutes made since he writ that book, whereby the benefit of Clergy is abridged: As anno S. El. cap. 4. an 14.

ejusdem, cap. 5. anno 18 ejusdem, cap. 4, 6, 7. & anno 23 ejusdem, cap. 2 a. 29 ejusdem, cap. 2. an. 31 ejusdem, cap. 12. a. 39 ejusdem, cap. 9. & cap. 15. Of this see Cromptons Justice of peace, fol. 102, 103, 104, 105. And Lamberts Eirenarcha, lib. 4. cap. 14. pag. 543. And note by the way, that the antient course of the Law in this point of Clergy, is much altered, for by the statute Anno 18 Eliz. cap. 7. Clerks be no more delivered to their Ordinaries to be purged, but now every man, though not with∣in orders, is put to read at the barre, being found guilty, and convicted of such felony as this benefit is granted for: and so burnt in the hand and set free for the first time, if the Ordi∣naries Commissioner, or Deputy standing by do say (legit ut Clericus) or otherwise suffereth death for his transgression.

Clerico admittendo, is a Writ directed to the Bishop, for the admitting of a Clerk to a Bene∣fice upon a (Ne admittas) tried and found for the party that procureth the Writ. Reg. orig. fol. 31, 6.

Clerico capto per statutum mercatorum, &c. is a Writ for the delivery of a Clerk out of pri∣son that is imprisoned upon the breach of a statute metchant. Rtg. orig. fol. 147.

Clerico convicto commisso gaolae in defectu ordi∣narii deliberando, &c. is a Writ for the deli∣very of a Clerk to his Ordinary, that formerly was convicted of felony, by reason his Ordina∣ry did not challenge him according to the pri∣vile••ges of Clerks. Regist. origin. fol. 69. a.

Clerico infra sacros ordines constituto non eli∣gendo in officium, is a Writ directed to the Bai∣liffs, &c. that have thrust a Bayliwick or be∣dleship upon one in holy Orders, charg∣ing them to release him again. Register orig. fol. 143. a.

Clerk (clericus) hath two significations: one, as it is the title of him that belongeth to the holy ministery of the Church, that is, (in these dayes) either Minister or Deacon, or what other degree or dignity soever: though accord∣ing to former times, not onely Sacerdotes & Diaconi, but also subdiaconi, cantores, acolyti, exo••cistae, & ostiarii, were within this account, as they be at this day, where the Canon Law hath full power. And in this signification a Clerk is either religious (otherwise called re∣gular) or secular, anno 4 Hen. 4. cap. 12. The other signification of this word noteth those, that by their function or course of life practise their pen in any Court, or otherwise; as name∣ly, the Clerk of the Rolles of Parliament, Clerks of the Chancery, and such like, whose peculiar offices I purpose to set down in order, according to that knowledge that I could pro∣cure of them.

Clerk of the Parliament Rolls, (Clericus Rotu∣lorum Parliamenti,) is he that recordeth all things done in the high Court of Parliament, and engrosseth them fairely into parchment rolles, for their better keeping to all posterity. Of these there be two, one of the higher, ano∣ther of the lower or Common house, Cromptons Jurisd. fol. 4 & 8. Smith de republ. Anglorum, pag. 38. See also Vowels book touching the order of the Parliament.

Clerk of the Crown in the Chancery (clericus co∣ronae in Cancellaria) is an Officer there, that by himself or his Deputy is continually to at∣tend the Lord Chancellor or Lord Keeper, for special matters of estate by commission or the like, either immediately from his Majesty, or by order of his councel, as well ordinary as extra∣ordinary, viz. commissions of Lieutenancies, of Justices errant, and of Assises of Oyer and Ter∣miner, of Gaol-delivery, of the peace, and such like, with their writs of Association, and Dedi∣mus potestatem, for taking of oaths. Also all ge∣neral pardons upon grants of them at the Kings coronation, or at a Parliament, where he sitteth in the higher-house at the Parliament time; he writs of Parliament, with the names of Knights and Burgesses, which be to be returned into his office. He hath also the making of all special pardons and writs of execution, upon bonds of statute of the Staple forfeited: which was an∣ne••ed to his office in the reign of Queen Ma∣ry, in consideration of his continual and charge∣able attendance: both these before being com∣mon for every Cursitour and Clerk of Court to make.

Clerk of the Crown (clericus coronae) is a Clerk or officer in the Kings Bench, whose function is, to frame, read, and record all indictments against Traitors, Felons, and other offendors there arraigned upon any publike crime. He is otherwise tearmed Clerk of the Crown-of∣fice. And anno 2 H. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench.

Clerk of the Extreats (clericus Extractorum) is a Clerk belonging to the Exchequer, who termely receiveth the Extreats out of the Lord Treasurers Remembrancer his office, and wri∣teth them out to be levied for the King. He also maketh schedules of such summes extreat∣ed as as are to be discharged.

Clerk of assise clericus assisae) is he that wri∣teth all things judicially done by the Justices of assise in their circuits. Cromptons Jurisdict. fol. 227.

Clerk of the Pell (clericus Pellis) is a Clerk be∣longing to the Exchequer, whose office is to enter every Tellers bill into a parchement rolle

called (Pellis receptorum) and also to make ano∣ther rolle of payments, which is called (Pellis exitum) wherein he setteth down by what warrant the money was payd.

Clerk of the Warrants (clericus Warrantorum) is an officer belonging to the Court of Common Plees which entreth all warrants of Atturney for Plaintiff and Defendant, and intolleth all Deeds of Indentures of bargain, and sale, which are acknowledged in the Court, or before any Judges out of the Court. And he doth extreat into the Exchequer all issues, fines, and amer∣ciaments, which grow due to the King any way in that Court, and hath a standing fee of ten pounds of the King, for making the same ex treats. See Fitzh. nat. br. fol. 76. in prin.

Clerk of the pety Bag (clericus parvae bagiae) is an Officer of the Chauncerie, of which sort there be three, and the Master of the Rolles their chief. Their office is to record the re∣turn of all inquisitions out of ••every Shire, all Liveries granted in the Court of Wards, all ouster le maines, to make all patents of Custo∣mers, Gaugers, Controllers, and Aulnegers, All conge de eslires, for Bishops, All liberateis upon extents of statute staples, the recovery of Reco∣gnisances forfeited, and all Elegits upon them, the summons of the Nobility, Clergy, and Bur∣gesses to the Parliament; Commissions directed to Knights, and other of every Shire, for seising of the Subsidies. Writs for the nominations of Collectours for the fifteenths, and all traverses upon any office, bill or otherwise, and to re∣ceive the mony due to the King for the same. This Officer is mentioned, anno 33 H. 8. cap. 22.

Clerk of the Kings great Wardrobe (clericus magnae garderobae regis) is an Officer of the Kings house, that keepeth an account or Inven∣tary in writing, of all things belonging to the Kings wardrobe. This Officer is mentioned, an. 1 Ed. 4. cap. 1.

Clerk of the Market (clericus merketi) is an Officer of the Kings house, anno 1 Ed. 4. cap. 1. & anno 13 R. 2. cap. 4. whose duty is to take charge of the Kings measures, and to keep the standards of them (that is) the exam∣ples of all the measures that ought to be through the Land: as of Elns, Yards, Lagens, as Quarts, Pottles, Gallons, &c. of Weights, Bu∣shels and such like, and to see that all measures in every place be answerable unto the said Standard, Fleta lib. 2. cap. 8.9.10.11.12. of which office, as also of our diversity of weights and measures, you may there find a Treatise worth the reading. Britton also in his 30 chapter, saith in the Kings person, to this effect: We wil that none have Measures in the Realm but we our selves: but that every man take his Measures and Weights from our Standards: and so goeth on with a Tractat of this matter, that well sheweth the ancient law and practice in this point. Touching this Officers duty, you have also a good statute, anno 13 R. 2. c. 4.

Clerk of the Kings silver (clericus argenti Re∣gis) is an Officer belonging to the Court of Com∣mon plees, unto whom every fine is brought, after it hath been with the custos Brevium, and by whom the effect of the Writ of Cove∣nant is entred into a Paper-book; and accord∣ing to that note, all the fines of that term are also recorded in the Rolles of the Court. And his entrie is in this form: He putteth the Shire over the Margin, and then saith, A.B. dat domi∣no Regi dimidium merkam (or more according to the value) pro licentia concordandi C. cum C.D. pro talibus terris, in tali villa, & habet chirogra∣phum per pacem admissum, &c.

Clerk of the Peace (clericus pacis) is an Officer belonging to the Sessions of the peace. His duty is, in the Sessions to read the Endictments, to enrol the Acts, and draw the Processe: to re∣cord the Proclamations of rates for servants Wages, to enrol the discharge of Apprentices, to keep the Counterpain of the Indenture of Armour, to keep the Register book of Licenses, given to Badgers and laders of corn, and of those that are licensed to shoot in gunnes, and to certifie into the Kings Bench transcripts of Indictments, Outlawries, Attainders, and Con∣victions had before the Justices of the peace, within the time limited by statute. Lamberts Eirenarcha, lib. 4. cap. 3. fol. 379.

Clerk of the Signet (clericus signeti) is an Offi∣cer attendant continually on his Majesties prin∣cipal secretary, who alwayes hath the custody of the privy Signet, as well for sealing his Ma∣jesties privat Letters, as also such grants as passe his Majesties hand by bill assigned. Of these there be four that attend in their course, and have their dyet at the Secretaries table. More largely you may read of their office in the sta∣tute made anno 27 H. 8. cap. 11.

Clerk of the privy seal (clericus privati sigilli) is an officer (whereof there be four of number) that attendeth the Lord Keeper of the privy Seal, or if there be none such, upon the principal Secretary, writing and making out all things that be sent by warrant from the Signer to the privy Seal, and are to be passed to the great Seal, as also to make out (as they are tearmed) privy Seals upon any special occasion of his Majesties affairs; as for loan of money, and such like. Of this offi∣cer and his function, you may read the statute, an. 27 H. 8. cap. 11. He that is in these dayes

called the Lord Keeper of the privy Seal, seemeth in antient time to have been called Clerk of the privy Seal, and to have been rec∣koned in the number of the great officers of the realm. Read the statute, anno 12 R. 2. cap. 11.

Clerk of the Juries or Jurata writs (clericus Juratorum) is an Officer belonging to the Court of the Common plees, which maketh out the Writs called (Habeas corpora) and (Di∣stringas) for appearance of the Jury, either in Court, or at the Assises, after that the Jury or Panel is returned upon the (Venire facias.) He entreth also into the Rolles the awarding of these Writs, and maketh all the continuance from the going out of the (Habeas corpora) until the verdict be given.

Clerck of the Pipe (clericus Pipae) is an Officer in the Kings Exchequer, who having all ac∣counts and debts due to the King, delivered and drawn out of the Remembrancers offices, chargeth them down into the great Roll: who also writeth summons to the Sheriff, to levy the said debts upon the goods and cattels of the Debtours: and if they have no goods, then doth he draw them down to the Lord Treasurers Remembrancer, to write extreats against their Lands. The antient renew of the Crown re∣maineth in charge before him, and he seeth the same answered by the Fermers and Sheriffs to the King. He maketh a charge to all Sheriffs, of their summons of the Pipe and Green wax, and seeth it answered upon their accounts. He hath the drawing and ingros∣sing of all leases of the Kings land.

Clerk of the Hamper or Hanaper (clericus Hanaperii) is an Officer in Chauncery, anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper, in the same statute, whose function is to receive all the money due to the Kings Majesty for the seals of Charters, Patents, Commissions, and Writs, as also fees due to the Officers for enrolling and examining the same, with such like. He is tied to attendance on the Lord Chauncellour or Lord Keeper daily in the Term time, and at all times of sealing having with him leather bagges, wherein are put all Charters, &c. after they be sealed by the Lord Chancellour, and those bagges being sealed up with the Lord Chauncellours private Seal, are to be delivered to the Controller of the Hamper, who upon receipt of them, doth as you shal read in his office. This Hanaper repre∣senteth a shadow of that which the Romans tearmed (Fiscum) that contained the Empe∣rors treasure.

Clerk of the Plees (clericus placitorum) is an Officer in the Exchequer, in whose office all the Officers of the Court upon especial privi∣lege belonging unto them) ought to sue or to be sued upon any action.

Clerk of the Treasury (clericus the saurariae) is an Officer belonging to the Common plees, who hath the charge of keeping the records of the Court, and maketh out all the records of Nisi prius, hath the fees due for all searches, and hath the certifying of all records into the Kings Bench, when a Writ of Error is brought; and maketh out all Writs of (Supersedeas de non molestando) which are granted for the Defen∣dants while the Writ of Error hangeth. Also he maketh all Exemplifications of Records being in the Treasurie. He is taken to be the servant of the chief Justice, and removeable at his pleasure, whereas all other Officers are for tearm of life. There is also a Secundary, or Un∣der-Clerk of the Treasurie for assistance, which hath some allowances. There is likewise an Underkeeper, who alway keepeth one key of the Treasury door, and the chief Clerk of the Secundary an other, so the one cannot come in without the other.

Clerk of Essoines (clericus essoniorum) is an Of∣ficer belonging to the Court of Common plees, who onely keepeth the Essoins rolle, and hath for entring every essoin six pence, and for every exception to barr the essoin, in case where the party hath omitted his time, six pence. He hath also the providing of parchment, and cut∣ting it out into rolls, and marking the num∣bers upon them, and the delivery out of all the rolles to every Officer, and the receiving of them again when they be written, and the binding and making up of the whole bundles of every term: and this he doth as servant to the chief Justice. For the chief Justice is at charge for all the parchment of all the rolles.

Clerk of the outlawries (clericus utla∣gariarum) is an Officer belonging to the Court of Common plees, being onely the servant or Deputy to the Kings Atturny gene∣ral, for making out the writs of (capias utlaga∣••um) after outlawry. And the Kings Attur∣nies name is to every one of those writs. And whereas seven pence is payd for the Seal of every other writ, betwixt party and party, there is but a penny payd for the Seal of this writ, because it goeth out at the Kings sute.

Clerk of the sewers (clericus suerarum) is an officer appertaining to the Commissioners of sewers, writing all things that they do by ver∣tue of their commission, for the which see Sewers: and see the statute of anno 13 Elizab. cap. 9.

Clerk controller of the Kings house whereof

there be two) is an officer in Court, that hath place and seat in the Counting-house, and au∣thority to allow or disallow the charges and demands of persuivants or messengers of the Green cloath, purveyours, or other like. He hath also the oversight and controlling of al defaults, defects and miscarriages of any the inferiour officers, and to sit in the Counting-house with the superior officers, viz. the Lord Steward, Treasurer, Controller, and Cofferer, either for correcting or bettering things out of order; and also for bringing in Countrey provision requisite for the Kings houshold: and the censure for failing of carriages and carts warn∣ed and charged for that purpose. This Offi∣cer you have mentioned, an. 33 H. 8. cap. 12.

Clerk of the Nihils (clericus Nihilorum) is an of∣ficer in the Exchequer, that maketh a roll of all such summes as are nihiled by the Sheriffs upon their estreats of green wax, and delivereth the same into the lord Treasurers Remembran∣cer his office, to have execution done upon it for the King.

Clerk of the check is an officer in Court, so cal∣led, because he hath the check and controlle∣ment of the yeomen of the Gard, and all other ordinary yeomen or huissiers belonging either to his Majesty, the Queen, or Prince, either giving leave, or allowing their absences or de∣fects in attendance, or diminishing their wages for the same. He also nightly by himself or De∣puty taketh the view of those that are to watch in the Court, and hath the setting of the watch. This officer is mentioned, anno 33 Henric. 8. cap. 12.

Clerk Marshal of the Kings house, seemeth to be an Officer that attendeth the Marshall in his Court, and recordeth all his proceedings, anno 33 Henr. 8. cap. 12.

Clothe of Raye, an. 27 E. 3 stat. 1. cap. 4.

Closhe, is an unlawful game forbidden by the the statute, anno 17 E. 4. cap. 3. which is casting of a bowl at nine pinnes of wood, or nine shank bones of an ox or horse.

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

Cloves (caryophilli) are a spice known by sight to every man. They are flowers of a tree called (caryophillus) gathered and hardned by the Sun. Of their nature you may read in Gerards Her∣bal. lib. 3. cap. 144. This is comprised among such spices as be to be garbled, an. 1 Jacob. c. 19.

CO

Cocket (cockettum) is a seal appertaining to the Kings Custome-house, Regist. orig. fol. 192 a. and also a scrow of parchment sealed and deli∣vered by the officers of the Custome-house to Merchants, as a warrant that their merchandise be customed anno 11 H. 6. cap. 16. which parch∣ment is otherwise called literae de coketto, or li∣terae testimoniales de coketto, Regist. ubi supr. fol. 179 a. So is the word used, anno 5 & 6 Edw. 6. cap. 14. & an. 14 Edw. 3. stat. 1. c. 21. This word is also used for a distinction of bread in the sta∣tutes of bread and ale, made anno 51 H. 3. where you have mention of bread coket, wastel∣bread, bread of trete, and bread of Common wheat.

Coferer of the Kings houshold, is a principal officer of his Majesties Court next under the controller, that in the Counting-house, and elsewhere at other times hath a special charge and oversight of other officers of the houshold, for their good demeanour and carriage in their offices, to all which one and other, being either Sergeants, Yeomen, Grooms, Pages, or children of the kitchin, or any other in any room of his Majesties servants of houshold, and payeth their wages. This officer is mentioned, an. 39 Eliz. cap. 7.

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

Conisor of a fine, is he that passeth or acknow∣ledgeth a fine in Lands or Tenements to ano∣ther: Cognisee is he to whom the fine is ac∣knowledged, West, parte 2. symbol. tit. Fines, sect. 2.

Cognizance, cometh from the French (cogni∣sance, id est, intelligentia, intellectus, notio cognitio) with us it is used diversly; sometime signifying a badge of a serving-mans sleeve, whereby he is discerned to belong to this or that Noble or Gentleman: sometime an acknowledgement of a fine, or confession of a thing done: as cognos∣cens latro. Bracton lib. 3. tract. 2. cap. 3.20, 32. cognoscere se ad villanum, Idem, lib. 4. tract. 3. cap. 16. As also to make cognisance of taking a distresse: sometime as an audience or hearing of a matter judicially, as to take cognisance: sometime a power or jurisdiction, as cognisance of plee, is an ability to call a cause or plee out of another Court: which no man can do but the King, except he can shew Charters for it. Manwood, parte 1. of his Forest laws, pag. 68. See the new Termes of the Law, and the new book of Entries, verbo Conusance.

Cognatione, see Cosenage.

Cognisour, see Conisour.

Cognitionibus mittendis is a Writ to a Ju∣stice, or other that hath power to take a Fine, who having taken acknowledgement of a Fine, deferreth to certifie it into the Court of Com∣mon plees, commanding him to certifie it, Reg. orig. 68. b.

Coin (cuneus vel cuna) seemeth to come from the French (coin, id est, Angulus) which proba∣bly verifieth the opinion of such as do hold the ancientest sort of Coyn to be cornered, and not

round. Of this Lawyers substantive (cuna) com∣meth the Lawyers verb (cunare) i. to coyn. Cromtons Justice of peace fol. 220.

Coliander seed, or rather coriander seed (Se∣men coriandri) is the seed of an hearb so called, medicinable and wholesome for divers goo•• purposes: which see in Gerards Herbal, l. 2. cap. 379. It is numbered among the drugges that be to be garbled. an. 1 Jacob. cap. 19.

Collaterall (collateralis) commeth of the Latine (Laterale) id est, that which hang∣eth by the side, Lateralia viatoria. π. de lega & fidelium tertio l. 102. seem to signifie a budget or cap-case to hang by a saddel pomel. Col∣laterall is used in the Common law for that which commeth in, or is adhering of the side: as collaterall assurance is that which is made over and beside the deed it self. For example, if a man covenant with another, and enter bond for the performance of his covenant, the bond is termed collaterall assurance, because it is externall, and without the nature and es∣sence of the covenant. And Crompt. Jurisd. fol. 185. sayeth, that to be subject to the fee ding of the Kings Deer is collaterall to the spoyl within the Forest. in the like man∣ner may we say, That the liberty to pitch booths or standings for a Fair in another mans ground, is collaterall to the ground. The private woods of a Common person within a Forest may not bee cut without the Kings li∣cence. For it is a prerogative collaterall to to the soil. Manwood parte 1. of his Forest laws, p. 66.

Collaterall warranty, see Warranty.

Collation of benefice (collatio beneficii) signi∣fieth properly the bestowing of a Benefice by the Bishop that hath it in his own gift or patronage, and differeth from Insti∣tution in this, for that institution into a be∣nefice is performed by the Bishop, at the mo∣tion or presentation of another 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 used for presentation, anno 25 Edw. 3. stat. 6.

Collatione fact a uni post mortem alterius, &c. is a writ directed to the Justices of the Com∣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 sute between the King and the Bishops Clerk is departed. For judg∣ment once passed for the Kings Clerk, and he dying before he be admitted, the king may bestow his presentation upon another. Regist. orig. fol. 31. b.

Collatione heremitagii, is a writ whereby the king conferreth the keeping of an Ermitage upon a Clerk. Register orig. fol. 303, 308.

Colour (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 Jury to the Judges. Of this see twò apt examples in the Authour of the new Terms, verbo Colour: who also referreth you to the Doctor and Student, fol. 158. &c. See Brook, tit. Colour in Assise, trespas, &c. fol. 104.

Collusion, (collusio) is in our Common law, a deceitfull agreement or compact between two or more, for the one party to bring an action against the other to some evill purpose, as to defraud a third of his right, &c. See the new Terms, and Brook tit. Collusion. See al∣so one Case of Collusion in the Register orig. fol. 179 a.

Combat (duellum) is a French word, signi∣fying as much as (certamen, decertatio, dimica∣tio, discrimen, praelium, pugna) but in our Common law it is taken for a formall tryall of a doubtfull cause or quarrell, by the Sword or Bastons, of two Champions. Of this you may read at large, both in divers Civilians, as Pa∣ris de Puteo, de re militari & duello, Alciat de Duello, Hottoman disputatio feudalium, cap. 42. and others. As also in our Common Law∣iers of England. namely Glandvile, l. 14. cap. 1. Bracton, l. 3. tract. 2. cap. 3. Britton, cap. 22. Horns Myrrhor of Justices, l. 3. cap. des exceptions in fine proxime and c. Juramentum duelli. Dyer, fo. 301. nu. 41. & 42. That this also was antiently the Law of the Lombards, before they invaded Italy (which was about the year of our Lord 571) appeareth by Sigo∣nius, in his History de regno Italiae, l. 2. de A∣ricaldo rege: who there reporteth, that the said king having put away his wife Gundeber∣ga, upon a surmise of Adulterie with Tato Duke of Etruria, at the private suggestion of Adalulphus, a great man among the Lom∣bards, & being charged by Clotharius the King of France his Ambassadour, of whose blood shee wa••that he had done her wrong: he an∣swered, that he had done her no wrong. Wher∣upon Ansoaldus one of the Ambassadour re∣plyed, That they would easily beleeve him, if he would suffer the truth to be tryed by combat, between some one of the Quenes friends, and her accuser, according to the custome of the Lombards. And the king yiel∣ding unto this, Adulphus was vanquished by one Pitto, otherwise called Charles, set forth for the Queenes Champion, and shee restored to her former place and honour.

Comin seed, aliàs Cumin seed, (Semen cu∣mini)

is a seed brought forth by an Herb so called, which you may see described in Ge∣rards Herball, lib. 2. cap. 416. this is placed among the garbleable drugs, anno 1. Jacob. cap. 19.

Commitatu commisso, is a writ or a Commis∣sion, whereby the Sheriff is authorized to take upon him the sway of the Countie, Reg. orig. fol. 295. a. & b. and Cokes Reports, l. 3. fol. 72. a.

Comitatu & castro commisso, is a writ where∣by the charge of a County together with the keeping of a Castle is committed to the She∣riff, Reg. orig. fol. 295. a.

Commandrie (praeceptoria) was by some mens opinion, a Manor or chief messuage, with which lands or tenements were occu∣pied, belonging to the Priorie of S. Johns in Hierusalem, in England, and he which had the Government of any such Manor or house, was called the Commander, who had nothing to dispose of it, but to the use of the Priory, ta∣king only his sustenance thence, according to his degree, and was usually a brother of the same Priorie. Author of the new Terms of law, verbo, Commandrie. By some other Books it ap∣peareth, that the chief Prior of S. Johns, was a commander of a Nunnerie, and constituted the Prioress of the said Nunnery, who was under his obedience, and removeable at his will, not∣withstanding that she had covent & comon seal and had her possessions severall, and was wont to lease the land for Term of years, Ful∣becks Paralels, fol. 2. a. Of these commandries also Petrus Gregorius lib. de beneficiis, cap. 11. num. 11. hath these words: Praeceptoriae dictae commendae satrorum militum, veluti ordinis hos∣pitalis Sancti Johannis Hierosolymitani, beneficia quidem secundum quid ecclesiastica dicuntur à Barbatia ad Clement. causam col. 51. de Electio∣ne. Tamen non prop iè dicuntur ex genere com∣munium beneficiorum, eo quòd personae conferen∣tes, & quibus conferuntur, non sunt laicae vel ec∣clesiasticae, sed tertii ordinis. De his benefici••s fit mentio. cap. exhibita de privilegiis, in extra∣vag.com. in cap. Dudum, de decimis. These in many places of our Realm are tearmed by the name of Temples, because they sometime be∣longed to the Templers. Of these you read, anno 26 H. 8. cap. 2. & anno 32 ejusd. cap. 24 And of these the said Gregorius Tolosanus, l. 15, sui syntagmatis, cap. 34. hath these words: Monuimus superiori capite, crescente numero pe∣regrinorum, juxta templum Hierosolymitanum Xendochium edificatum, tit. Divi Johannis, quo exciperentur peregrini, quos coenobia caepere non possent. Hujus ergo ministerio quoque viri p••i no∣biles se devoverunt, qui & peregrinos tutarentur, & â latronum seu Agarenorum incursu defen dere nt. Horum professio est votum solenne pau∣pertatis, & abdicationis propriorum, castuatis, et obedientiae. Proinde propter primum votum nihil proprii habent, vel habere debent, sed accipiunt annonam, quàm diu vivunt, vel praeceptorias (quas vocant Commandries) administrant, quàm diu eas possident, et optione mutant, vel en ma∣gistri licentia permutant reddituri morientes quae apud eos reperientur: societati. Of these Corasius in his para phrase ad sacerd. nat. part. 1. ca. 3. saith thus: Praeceptoriae Rhodienses, cum non ni∣si fratribus Hierosolymitanis, atque ita personis ecclesiasticis confer antur beneficiis ecclesiasticis annumer ari merit ò debent.

Commandement (praeceptum) is used diver∣sly in the Common law: sometime for the commandement of the King when upon his meer motion, and from his own mouth, he casteth any man into prison. Stawnf. pl. Co∣ron. fol. 72. or of the Justices. And this com∣mandement of the Justices is either absolute or ordinary. Absolute, as when upon their own authority in their wisdome and descreti∣on, they commit a man to prison for a punish∣ment: ordinary is, when they commit one rather for safe custody than punishment. And •• man committed upon an ordinary comman∣dement is replevisable, Pl. cor. fol. 73. Com∣mandement is again used for the offence of him that willeth another man to transgresse the law, or to do any such thing as is contrary to the law, as Murther, Theft, or such like. Bract. l. 3. tract. 2. ca. 19. And this the Civilians call (mandatum) Angelus de maleficiis.

Commen (communiae) commeth from the French (cummun, i. quod ad omnes pertinet) and signifieth in our Common law, that soyl or water whereof the use is common to this or that town or Lordship; as Commen of pasture, (communia pasturae) Bract. lib. 4. ca. 19. & 40. Commen of fishing, communia pis∣••ariae. Idem l. 2. ca. 34. Common of Turbary, i. of digging Turves (communia turbariae) Idem lib. 4. cap. 41. Commen of estovers (communia estoveriorum.) Kitchin, fo. 94. Commen is di∣vided into Commen in grosse, commen appen∣dant, commen appertinent, and commen per caus. de vicinage, i. by reason of neighbourhood. Commen in grosse is a liberty to have Com∣men alone (that is) without any land or te∣nement, in another mans land, to himself for life, or to him and his heires. And it is commonly passed by deed of grant or specialty, Old nat. brev. fol. 31. & 37. Commen ap∣pendant and Commen appertinent be in a manner confounded; as appeareth by Fitz. Nat. brev. fol. 180. and be defined •••• be a

liberty of Common, appertaining to, or depen∣ding of such or such a Free-hold. Only Kitchin, fol. 94, seemeth to make this difference, that he which hath Common appertinent, hath it without limitation of this or that kind of Beasts. But that is controlled by Dyer, fol. 70. b. num. 19. Hee that hath Commen ap∣pendant hath it but for beasts commendable, as horses, oxen, kine and sheep, being ac∣counted fittest for the Plowman: and not of Goates, Geese, and Hogs. Whereunto the Author of the new Terms of Law addeth ano∣ther difference, which is, That Commen ap∣pertinent may be severed from the land wher∣unto it is appertinent, but not Commen ap∣pendant. The originall of Commen appen∣dant, Sir Edw. Coke, l. 4. fol. 37. thus expres∣serh: Commen appendant by the antient Law had beginning in this manner; when a Lord infeossed another in earable lands, to hold of him in Socage, (id est, per servitium socae) as all tenure in the beginning, according to Litle∣ton, was: the Feoffee to maintain the ser∣vice of his plow, had Commen in the wasts of his Lord, for his necessary beasts to gain and compasse his land: and that for two cau∣ses; one, for that as then it was taken, it was (tacite) implyed in the feoffement, by reason the Feoffee could not gain or compasse his land without cattel, and cattel could not be sustained without pasture, and so by con∣sequent, the feoffee had, as a thing necessa∣ry and incident, Commen in the wasts and land of the Lord. And this appeareth by an∣tient books, temp. Ed. 1. tit. Commen 24. & 17. Ed. 2. tit. Commen 23. & 20 Ed. 3. tit Admesurement, S. & 18 Ed. 3. and by the re∣hearsall of the statute of Merton, c. 4. The se∣cond reason was for maintenance and advance∣ment of tillage, which is much regarded and favoured in the Law. Thus far Sir Edward.

Commen per cause de vicinage, is a liberty that the Tenents of one Lord in one town, have to Commen with the Tenents of another Lord in another town: which kind of Com∣men they that challenge, may not put their cattell into the Commen of the other town, for then they be distreinable: but turning them into their own fields, if they stray into the neighbours Commen they must be suffered. See the terms of Law. Commen of pasture the Civilians call Jus compascendi, cum sc. plures ex municipibus qui diversa praedia possidebant, saltum communem, ut jus compascendi haberent mercc••rentur. l. panul. π. si servit. vendicetur. It is also called Jus compascuum. Ibid.

Commendam (commenda) is a Benefice that being void, is commended to the charge and care of some sufficient Clerk, to be supplyed, untill it may be conveniently provided of a Pastor. And that this was the true original of this practice, you may read at large in Dura∣neus, de sacris ecclesiae ministeri••s & beneficiis, l. 5. ca. 7. And whereas the glosse, in verbo commendare, in ca. Nemo deinceps: de electione, in sexto, defineth, commendam esse ecclesiae custo∣diam alicui comissam: Johannes Andreas there∣upon saith thus: huic definitioni necessario haec ad∣••icienda putem: in tempus gratiâ evidentis neces∣sitatis & utilitasis. Id{que} docuit textus in dicto capi∣ce. Nem••. Corrasius in his paraphrase de sacerdo∣••iorum materia, parte 1. cap. 6. nu. 3. & seq. thus describeth the matter: In commendam concedi∣tur benificium, cùm Romanus Pontifex, Legatus, aut Episcopus (Ne{que} enim inferioribus, qui ex privilegio aut alio jure spirituali conferunt, con∣cessum est ca. cunt omnes basilicae, 16. quaest. 7. ecclesiae vacantis custodiam alicui committit, ad∣ministratorem generalem ejus templi eum consti∣tuens, ca. nemo, de electio. in sexto. Commendare nnim aliud est nihil, quàm deponere. l. publius. π. depositi. l. commendare. ••. de verb. signif. Hoc au∣tem, ad tempus sex. mensium, et pro evidenti ne∣cessitate aut utilitate ecclesiae lex permittit, (d. ca. Nemo.) Quare commendatarius qui ecclesiae va∣cantis & fructuum ad tempus duntaxat custodiam habet, nec tenere beneficium, jusve habere in be∣neficio, aut canonicum titulum censebitur; uti nec depositarius in re deposita: whereof also Pe∣trus Gregorius de beneficiis, cap. 10. nu. 13, thus writeth: In hac quarta divisione, potest addi ter∣tium genus beneficii, quod citra praescriptionem qualitatis à persona alterius qualitatis quàm bene∣ficium exig at natur â possidetur, sed sine praejudicio naturae beneficii, et per dispensationem eo com∣mendato olim ad tempus certum certae personae, ho∣die, ut plerunque quàm diu commendatarius vix∣erit. Vocant hoc beneficium commendatum com∣mendam: ut si regulare beneficium à Summo Pontifice conferatur, nomine commendae seculari. Nam ideo non mutatur beneficii natura, nec fit ideo seculare, &c. And a little after, Interim an∣notabimus duplici de causa fieri commendam ec∣clesiae, nempe vel in utilitatem ecclesia, vel com∣mendatarii. In primo commenda titulum non dat beneficii commendatario, & dicitur potius custo∣dia qua revocari potest: quod repugnat naturae be∣ficii, quod est perpetuum. In secundo autem ca∣su beneficium censetur in utilitatem commendata∣rii commenda facta, quam possidere potest quàm diu vixerit, &c. whom you may also read, c. 2, l. 13.

Commissary (commissarius) is a title of eccle∣siasticall jurisdiction, appertaining to such a one as exerciseth spiritual jurisdiction (at the least so far as his Commission permitteth him)

in places of the Dioces so far distant from the chief City, as the Chancellor cannot call the subjects to the Bishops principall Consistory, without their too great molestation. This Commissary is of the Canonists tearmed com∣missarius, or officialis foraneus. Lyndwoods provin. cap. 1. de accusatio, verbo, Mandatum archiepiscopi, in glos. and is ordained to this es∣peciall end, that he supply the Bishops juris∣diction and office in the out-places of the Di∣oces, or else in such parishes as be peculiars to the Bishop, and exempted from the juris∣diction of the Archdeacon. For where ei∣ther by prescription or composition, there be Archdeacons that have jurisdiction within their Archdeaconries, as in most places they there have, this commissary is but super∣fluous, and most commonly doth rather vex and disturb the Country for his lucre, than of conscience seek to redresse the lives of offen∣ders. And therefore the Bishop taking pre∣station money of his Archdeacons yearely pro exteriori jurisdictione, as it is ordinarily called, doth by super-onerating their circuit with a commissary, not only wrong Archdeacons, but the poorer sort of subjects much more, as common practice daily teacheth to their great woe.

Commission (commissio) is for the most part in the understanding of the Common law, as much as (delegatio) with the Civilians, (See Brook, titulo Commission) and is taken for the warrant or Letters Patents, that all men ex∣ercising jurisdiction either ordinary or extra∣ordinary, have for their power to hear or de∣termine any cause or action. Of these see di∣vers in the table of the Register original, verbo Commissio. Yet this word sometime is ex∣tended further than to matters of judgement: as the Commission of Purveyers or takers, anno 11 H. 4. cap. 28. But with this epitheton (High) it is most notoriously used for the ho∣nourable Commission Court, instituted and founded upon the Statute, 1 Eliz. cap. 1. for the ordering and reformation of all offences in any thing appertaining to the jurisdiction ecclesiastical: but especially such as are of higher nature, or at the least require greater punishment, than ordinary jurisdiction can afford. For the world being grown to that loosenesse, as not to esteem the censure of ex∣communication, necessity calleth for those censures of fines to the Prince and imprison∣ment, which doe affect men more neerly.

Commission of rebellion (commissio rebellionis) is otherwise called a writ of Rebellion (Bre∣ve Rebellionis) and it hath use, when a man af∣ter proclamation made by the Sheriff upon an order of the Chauncery, or court of Statre∣chamber, under penalty of his allegeance, to present himself to the Court by a certain day, appeareth not. And this commission is di∣rected by way of command to certain persons, to this end, that they, or three, two, or one of them, doe apprehend, or cause to be apprehen∣ded, the party as a rebell and contemner of the Kings lawes, wheresoever they find him within the Kingdom, and bring him, or cause him to be brought to the court, upon a day therein assigned. The true copie of this com∣mission or Writ, you have in Cromptons divers jurisdictions. Court de Starre-Chamber: as also in West. tractat. touching proceedings in chancery, Sectio 24.

Commissioner (commissionarius) is he that hath commission, as Letters Patents, or other lawful warrant, to execute any publike office: as Commissioners of the office of Fines and Licenses. West. parte 2. symbol. titulo Fines. sect. 106. Commissioners, in Eyr, anno 3 Ed. 1. cap. 26. with infinite such like.

Committee, is he to whom the consideration or ordering of any matter is referred, either by some Court, or consent of parties, to whom it belongeth. As in Parliament, a Bill being read, is either consented unto, and passed, or denied, or neither of both, but referred to the conside∣ration of some certain men, appointed by the house, farther to examine it: who thereupon are called Committees. Committee of the King, West. part. 2. symbol. titulo Chancerie, sect. 144. This word seemeth to be something strangely used in Kitchin, fol. 160. where the widow of the Kings Tenent being dead, is called the Committee of the King, that is, one commit∣ted by the ancient law of the land, to the Kings care and protection.

Common bench, (bancus communis) is used some time for the Court of Common plees, anno 2 Ed. 3. cap. 11. So called, as M. Cambden saith in his Britannia. pag. 113. quia communia placita inter subditos ex jure nostro, quod commune vocant, in hoc disceptantur, that is the Plees or Contro∣versies tryed between Common persons.

Common fine (finis communis) of this, Fleta hath these words: Quibus expeditis (speaking of the businesse finished by Justices in Eyr) con∣sueverunt Justiciarii imponere villatis, juratori∣bus, hundredis, & toti comitatui concelamentum, & omnes separatim amerciare: quod videtur vo∣luntarium, cùm de per jurio & concelau••ento non fuerint convicti, sed potius dispensandum esset cum eis quod anim as in statera posuerint pro pacis con∣servatione, lib. 1. cap. 48. §. Quibus. And a little following, §. Et provisum, he hath these words:

Et provisum ests, quòd communes misericordiae vel fines comitatuum amerciatorum in finibus inine∣rum Justiciariorum ante recessum ipsorum Justi∣ciariorum per sacramenta militum, & aliorum proborum hominum de comitatu eodem, affidentur super eos qui contribuere debent: unde particulae Justiciariis liberentur, ut cum aliis extractis suis ad Scaccarium liberare valeant. These last words of his have relation to the statute, Westminst. pr. cap. 18. which read. See Fine.

Common Plees (communia placita) is the Kings Court now held in Westminster Hall, but in antient time moveable, as appeareth by the Statute called Magna charta, cap. 11. as also anno 2 Ed. 3. cap. 11. and Pupilla oculi, parte 5. cap. 22. But M. Gwin in the Preface to his Readings saith, that until 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, the other the Kings Bench, which was then called (Curia Domini regis) and (Aula regia) because it followed the Court or King: and that upon the grant of that Charter, the Court of Com∣mon plees was erected, and setled in one place certain viz. at Westminster. And because this Court was setled at Westminster, wheresoever the King lay, thereupon M. Gwin, ubi supra, saith, that after that all the Writs ran, Quòd sit coram Justiciariis meis apud Westmonasterium: whereas before the party was commanded by them, to appear coram me vel Justiciariis meis, simply without addition of place, as he well observeth out of Glanvile and Bracton, the one writing in Henry the seconds time, before this Court was erected, the other in the latter end of Henry the thirds time, who erected this Court. All civil causes both real and personal are, or were in former times, tryed in this Court, according to the strict law of the Realm: and by Fortescue, cap. 50. it seemeth to have been the onely Court for real causes. The chief Judge thereof is called the Lord chief Justice of the Common Plees, accompanied with 3 a 4 Assistants or Associates, which are created by Letters Patents from the King, and (as it were) enstalled or placed upon the Bench, by the Lord Chancelor, and Lord chief Justice of the Court, as appeareth by Fortescue, cap. 51. who expres∣seth all the circumstances of this admission. The rest of the Officers belonging to this Court, are these: The Custos brevium, three Protonotaries, otherwise called Prenotaries, Chirographer, Filazers 14. Exigenters 4. Clerk of the War∣rants, Clerk of the Juries, or Jurata writs, Clerk of the Treasury, Clerk of the Kings Sil∣ver, Clerk of the Essoins, Clerk of the Out∣lawries. Whose distinct functions look in their places. See Common Bench.

Common day in plee of land, anno 13 R. 2. stat. 1. cap. 17. signifieth an ordinary day in the Court, as Octavis Michaelis, quindena Pas∣cae, &c. as you may see in the statute made an. 51 H. 3. concerning general dayes in the Bench.

Common house of Parliament, is used for the nether house: because the Commons of the Realm, that is, the Knights of the Shires and Burgesses, possesse that house, Crompton, jurisd. 9.

Commotes, seemeth to be compounded of the Preposition (con) and (mot, i. dictio, verbum) and signifieth in Wales a part of a Shire, as an Hundred, anno 28 H. 8. cap. 3. It is written Commoi••hes, anno 4 H. 4. cap. 17. and is used for a gathering made upon the people (as it seemeth) of this or that Hundred, by Welsh Minstrels.

Common law, (communis lex) hath three divers significations, which see in the Author of new terms of law. verb. Common law.

Communi custodia, is a writ that lyeth for that Lord, whose Tenant holding by Knights service, dyeth, and leaveth his eldest Son under age, against a stranger that entreth the land, and obtaineth the ward of the body. It may seem to take the name from the Common custome or right in this case: which is, that the Lord have the wardship of this Tenant, until his full age, or because it is common for the recovery both of Land and Tenant, as appeareth by the form thereof. Old. nat. br. fol. 89. See also the Register orig. fol. 161. a.

Communi placito non tenendo in scaccario, is a a Writ directed to the Treasurer and Barons of the Exchequer, forbidding them to hold Ple•• between two common persons in that Court, ther of them belonging toward the said Court, Register orig. fol. 187. b.

Companion of the Garter, is one of the Knights of that most noble and honourable order, anno 24 H. 8. cap. 13. See Garter.

Compromis (compromissum) is a mutual pro∣mise of two or more parties at difference, to referre the ending of their Controversies, to the arbitriment and equity of one or more arbi∣tratours. West. defineth it thus, parte 2. symbol. titulo Compromise sect. pri. A compromise or sub∣mission (arbitrium, compromissum, submissio) is the faculty or power of pronouncing sentence between persons at controversie, given to ar∣bitratours by the parties mutual private con∣sent, without publike authority.

Computo, is a writ so called of the effect: be∣cause it compelleth a Bailiff, Chamberlain, or

Receiver to yeeld his account, Old nat. br. fol. 58. It is founded upon the statute of West. 2. c. 2. an. 13 E. 1. which for your hetterunderstanding you may read. And it lyeth also for executours of executours, anno 15 Ed. 3. statut. de provis. victual. cap. 5. Thirdly, against the gardian in Socage for waste made in the minority of the heir, Marbl. cap. 17. And see farther in what other cases it lyeth, Register orig. fol. 135. Old nat. br. ubi supra. & Fitzh. nat. br. fol. 116.

Concealers, be such as find out concealed lands, that is, such lands as are privily kept from the King by common persons, having no∣thing to shew for them, anno 39 Eliz. cap. 22. They be so called, à concelando, as mons à moven∣do, per antiphrasin.

Concord (concordia) is in the Common law, by a peculiar signification, defined to be the very agreement between parties, that intend the le∣vying of a Fine of lands one to the other, who and in what manner the land shall passe. For in the form thereof many things are to be con∣sidered, West. parte 2. Symbol. titulo fines and con∣cords. sect. 30. whom read at large. Concord is also an agreement made upon any trespasse committed between two or more: and is divi∣ded into a Concord executory, and a Concord executed. See Plowden, casu Renig••r, & Fogassa. fol. 5. & 6. where it appeareth by some opini∣on, that the one bindeth not as being imper∣pect: the other absolute, and tyeth the partie••: and yet by some other opinion in the same case, it is affirmed that agreements executory be per∣fect, and do no lesse bind than agreements executed, fol. 8. b.

Concubinage (concubinatus) is an exception against her, that sueth for her Dower, whereby it is alleged, that she was not a wife lawfully married to the partie, in whose lands she seek∣eth to be endowed, but his Concubine, Britton, cap. 107. Bract. l. 4. tract. 6. cap. 8.

Condition (conditio) is a rate, manner, or law, annexed to mens acts, staying or suspending the same, and making them uncertain, whether they shall take effect or no, West. part. 1. symb. li. 2. Sect. 156. In a Lease there may be two sorts of conditions: condition collateral, or conditi∣on annexed to the rent. Sir Edward Coke, lib. 3. Pennants case, fol. 64. Collateral condition is that, which is annexed to any collateral act: as that the Leassee shall not go to Rome, ib. fol. 65. Condition is also divided, into condition in deed or fact, and condition in Law: which otherwise may be termed, condition expressed, and condition implyed. Perkins, Conditions, 722. These, and other like divisions of condi∣tions, you may read in the Author of the new Termes of Law, verbo condition. And in Litleton, lib. 3. cap. 5.

Conders, may seem to proceed from the French (Conduire, 1. deducere, gubernare) they be such is stand upon high places near the Sea-coast, at the time of Herring-fishing, to make signes with Boughes, &c. in their hand unto the Fishers, which way the shole of Herrings pas∣seth. For that may better appear to such as stand upon some high cliff on the shore, by a kind of blew colour, that the said Fish causeth in the water, than to those that be in the Ships. These be otherwise calleth Huers, by likelihood of the French huyer, i. exclamare and balkers: as appeareth by the statute, anno 1 Jacob. cap. 23.

Cone & key. Bracton, lib. 2. cap. 37. nu. 3. Look Cover and Key.

Confirmation (confirmatio) is a strengthening of an estate formerly had, and yet voidable, though not presently void. For example; a Bishop granteth his Chancelership by Patent, for the term of the Patentee his life: this is no void grant, but voidable by the Bishops death, ex∣cept it be strengthened by the confirmation of the Dean and Chapter. See more of this, in West. parte prim. symb. lib. 2. sect. 500. and Fitzh. nat. br. fol. 169. B. 226 H. 271 D. 163. G. and Littleton, lib. 3. cap. 9.

Confiscate (confiscatus) may be said to come either from the Latine (confiscare) or the French (confisquer, i. in publicum addicere.) All these words are drawn from (fiscus) which ori∣ginally signifieth a Hamper, Pannier, Basket, or Freil: but Metonymically the Emperours Treasure: because it was antiently kept in such Hampers, &c. And though our King keep not his Treasure in such things: yet as the Romans said, that such goods as were forfeited to the Emperours Treasurie for any offence, were bo∣na confiscata: so do we those that are forfeited to our Kings Exchequer. See more of these goods confiscate, in Stawnf. pl. cor. lib. 3. cap. 24.

Conge d'eslire venia elegendi) is very French, and signifieth in our Common law, the Kings Permission royal, to a Dean and Chapter in time of vacation, to chuse a Bishop: or to an Abbey or Priorie of his own foundation, to chuse their Abbot or Prior, Fitzh. nat. br. fol. 169. B. 170. B.C. &c. Touching this matter, M. Gwin in the Preface to his Readings saith, that the King of England, as soveraign Patron of all Arch-bishoprickes, Bishoprickes, and other Ecclesiastical Benefices, had of ancient time, free appointment of all Ecclesiastical Dignities, whensoever they chanced to be void: investing them first (per baculum & annulum) and afterward by his Letters Patents: and that in processe of time he made the Election over

to others, under certain forms and conditions: as namely, that they should at every vacation before they chuse, demand of the King (congé de'slire), that is, license to proceed to Election, and then after the Election to crave his royal assent, &c. And farther he affirmeth by good proof out of Common Law-Books, that King John was the first that granted this, and that it was afterward confirmed by Westm. pri. ca. 1. which statute was made, anno 3 Ed. pri. And again by the statute, (Articuli cleri) c. 2. which was ordained, anno 25 Ed. 3. statuto tertio.

Congeable, commeth of the French (conge, i. venia, It signifieth in our Common law, as much as lawful or lawfully done; as the entry of the Disseisee is Congeable, Litseton. fol. 91. in meo.

Conisance. See Cognizance.

Contzour, aliàs cognizour (recognitor) cometh of the French cognoistre, i. cognoscere, cernere) and is used in the passing of Fines for him that doth acknowledge the Fine; and the Conizee is he, to whom it is acknowledged, West. parte 1 symbol. l. 2. sect. 49. & parte 2. titulo, Fines sect. 114. See Recognizour.

Conjuration (conjuratio) is the very French word drawn from the Latine; which, as it is compounded of (con & juro) so it signifieth, a compact or plot, made by men combining themselves together by oath or promise, to do some publick harm. But in our Common law, it is especially used for such as have perso∣nal conference with the Devil or evil spirit, to know any secret, or to affect any purpose, anno 5 Elizab. cap. 16. And the difference that I have observed (how truly, let those judge that be better skilled in these matters) between conjuration and witchcraft, is because the one seemeth, by prayers and invocation of Gods powerful names, to compel the devil, to say or do what he commandeth him: the other deal∣eth rather by friendly and voluntary conference or agreement between him or her and the devil or familiar, to have her or his desires and turns served in lieu of blood, or other gift offered unto him especially of his or her soul. And both these differ from inchantments or sorceries, because they are personal conferences with the Devil, as is said: but these are but medi∣cines and ceremonial forms of words (called commonly charms) without apparition.

Consanguineo, is a Writ, for the which see A∣vo: and see the Register orig. De avo, proavo, & consanguinco, fol. 226. a.

Conservator of the truee and sase conduicts (con∣servator induciarum & salvorum regis conductu∣um) was an officer appointed in every port of the Sea, under the Kings Letters Patents, and had forty pound for his yearly stipend, at the least. His charge was to enquire of all of∣fences done against the Kings truce and safe conducts, upon the main Sea, out of the Coun∣tries, 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. cap. 6. Touching this matter you may read another statute, anno 4 H. 5. cap. 7.

Conservatour of the Peace (conservator velcu∣stos pacis) is he that hath an especial charge by vertue of his office, to see the Kings peace kept. Which peace learned M. Lamberd de∣fineth, in effect, to be a with-holding or absti∣nence from that injurious force and violence, which boysterous and unruly persons are in their natures prone to use toward others, were they not restrained by laws and fear of punish∣ment. Of these Conservators he farther saith thus: that before the time of King Edward the third, who first erected Justices of Peace there were sundry persons, that by the Com∣mon law had interest in keeping of the Peace. Of those some had that charge as incident to their offices, which they did bear, and so inclu∣ded within the same, that they were never the lesse called by the name of their office onely: some others had it simply as of it self, and were thereof name custodes pacis; Wardens or Con∣servators of the Peace. The former and latter sort he again subdivideth. Which read in his Eirenarcha, lib. 1. cap. 3.

Consideration, (consideratio) is that with us, which the Grecians called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: that is, the material cause of a contract, without the which, no contract bindeth. This considera∣tion is either expressed, as if a man bargain to give twenty shillings for a Horse: or else im∣plyed, as when the law it self inforceth a confi∣deration; as if a man come into a common Inne, and there staying sometime, taking both meat and lodging, or either for himself and his Horse: the Law presumeth, that he intendeth to pay for both, though nothing be farther covenanted between him and his Host: and therefore if he discharge not the house, the Host may stay his Horse, Fulb. parel. tract. Contracts. fol. 6. a. b.

Consistorie consistorium) is a word borrowed of the Italians, or rather Lombards, signifying as much as (praetorium) or tribunal. vocab. utriusque jur. It is used for the place of Justice in the Court Christian.

Convocation-house (domus convocationis) is the house, wherein the whole Clergie is assembled, for consultation upon matters Ecclesiastical in time of Parliament. And as the House of Par∣liament.

And as the house of the Parliament, so this consisteth of two distinct Houses: one called the higher Convocation-house, where the Archbishops and Bishops sit severally by themselves: the other, the lower Convoca∣tion-house, where all the rest of the Clergie are bestowed. See Prolecutor.

Conusance. See Cognisance.

Conusour. See Cognizour.

Consolidation (consolidatio) is used for the com∣bining, and uniting of two Benefices in one. Broke titulo Union. This word is taken frō the Ci∣vil Law, where it signifieth properly an uniting of the possession, occupation, or profit with the property. For example, if a man have by Lega∣cie usum fructum fundi, and afterwards buy the property or fee-simple (as we call it) of the heir, hoc casu consolidatio fieri dicitur. §. 3. De usu fructu in Institut. See Union, and Unity of possession.

Conspiracie (conspiratio) though both in Latine and French, it be used for an agreement of men, to do any thing, either good or bad: yet in our Lawyers books, it is alway taken in the evil part. It is defined, anno 34 Ed. pri. stat. 2. to be an agreement of such as do confeder and bind themselves by oath, covenant, or other aliance, that every of them shall bear and ayde the other, falsly and maliciously to indite, or falsly to move or maintain Plees, and also such as cause children within age, to appeal men of Felonie, whereby they are imprisoned, and fore grieved: and such as retain men in the Countries with liveries or fees, to main∣tain their malicious enterprises. And this ex∣tendeth as well to the takets, as to the givers. And Stewards and Bayliffes of great Lords, which by their seignorie, office, or power, un∣dertake to bear or maintain quarrels, plees, or debates that concern other parties, than such as touch the estate of their Lords, or them∣selves, anno 4 Ed. 3. cap. 11. anno 3 H. 7. cap. 13. and of this see more, anno 1 H. 5. cap. 3. & an. 18 H. 6. cap. 12. as also in the new book of Entries, ver. Conspiraey.

Conspiracie, in the places before mentioned, is taken more generally, & is confounded with maintenance and champerty. But in a more special signification, it is taken for a confede∣racie of two at the least, falsely to endict one, or to procure one to be endicted of Felony, And the punishment of Conspiracy, upon an Indict∣ment of Felony, at the Kings sute, is that the party attainted, leese his frank law, to the in∣tent that he be not empaneld upon Juries or As∣sises or such like éploiments, for the testifying of truth. And if he have to do in the Kings Court, that he make his Atturney: and that his lands, goods, and chattels be seised into the Kings hands, his Lands estreaped (if he find no better favour) his trees raced, and his body commit∣ted to prison. 27 lib. assis. 59. Cromptons Justice of Peace, fol. 156. b. This is called villanous judgement or punishment. See Villanous judge∣ment. But if the partie grieved sue upon the Writ of conspiracy, then see Fitzh. nat. br. fol. 114. D. 115. I. Conspiracie may be also in cases of lesse weight, Idem fol. 116. A. &c. See Frank Law.

Conspiratione, is a Writ that lyeth against con∣spiratours, Fitz. nat. br. fol. 114. d. Cromptons Jurisd. fol. 209. See also the Register fol. 134.

Constable (constabularius, vel Conestabulis) is a Saxon word, compounded of (cuning or cyng) and (staple) which do signiffe the stay and hold of the King. Lamb. duties of Constables, num. 4. But I have heard it made heretofore of these two words, (comes stabuli) which seem∣eth to me the more probable, because we have this Officer from France, as most others, and not from the Saxons. And Tilius in his Com∣mentaries (de rebus Gallicis li. 2. c. de conistabili, hath the same etymologie, giving the reason thereof, (quia praeest stabulo, i. equili regis) which office is ancient here in England, and mention∣ed by Bracton, seeming to answer him that was called (tribunus celerum) under the first Kings of Rome, and (Magister equitum) afterward. The Germans that inhabite the side of the river Rhene, note him by this title (die constofler) and in counterfeit Latine (constofelerus) and in older time (constafolarius) that the Romans were wont to tearm (assessorem judicii.) And (as Spiegelius in his Lexicon noreth, derive the word) à stafolo comitis, i. gradu Judicis fis∣calis. For staffel in their language (as he saith) signifieth a grees or step of a pair of stairs. And thereupon (stafelstein) being a word used in their very ancient writings, signifieth as much as Praetorium. But a man many times may shew in this kind more curiosity than dis∣cretion: as perhaps some will judge me here to have done. And therefore enough of this. This word is diversly used in our Common law: first for the Constable of England, who is also called Marshall. Stawn•••• pl. cor. fol. 65. Of whose great dignity and authority a man may find many arguments and signes both in the Statutes and Chronicles of this Realm. His sway consisteth in the care of the common peace of the Land, in deeds of arms, and mat∣ters of wars. Lamb. ubi supra, with whom agreeth the statut. anno 13 R. 2. cap. 2. statut. 1. Smith de Repub. Anglo. lib. 2. cap. 25. Of this Officer or Magistrate, M. Gwin in the Pre∣face to his Reading saith to this effect: The Court of the Constable and Marshal deter∣mineth

contracts touching deeds of arms tout of the Realm, and handleth things concerning warrs within the Realm, as Combats, blasons of armory, &c. But it may not deal with bat∣tel in appeals, nor generally with any other thing that may be tryed by the Law of the Land. And read Fortescue c. 32. This office was belonging heretofore to the Lords of certain mannors, jure feudi: & why it is discontinued, see Dyer f. 258. nu. 39. Out of this high magistra∣cie (saith M. Lamberd) were drawn these lower Constables which we cal••ōstables of Hundreds, and franchises, and first ordained by the Statute of Winchester, anno 13 Ed. 1. which appointeth for the conservation of the peace, and view of armour, two Constables in every Hundred and franchise, which in Latine are called constabu∣larii capitales. And these be now a dayes cal∣led high Constables: because continuance of time, and increase both of people and offences, hath again under these made others in every Town called petit Constables, in Latine (sub∣constabularios) which are of like nature, but of inferiour authority to the other, as you may read at large in that learned mans Treatise be∣fore named. Of these also read S. Thomas Smith, lib. 2. cap. 22. Beside these there be officers of particular places called by this name; as Constable of the Tower, Stawnf. pl. cor. fol. 152. & anno 1 H. 4. cap. 13. Stows annals pa. 812. jurisdict. fol. 132. Constable of the Exche∣quer, anno 51 H. 3. statute 5. Constable of Dover Castle, Camdeni Britan. pag. 239. Fitzh. nat. br. fol. 240. otherwise called castellane, West. i. cap. 7. anno 3 Ed. 1. But these be castellani pro∣perly, as Master Lamberd noteth, though con∣joyned in name with the others. See the Sta∣tute anno 32 H. 8. cap. 38. M. Manwood parte prima, c. 13. of his Forest laws maketh mention of a Constable of the Forest.

Consuetudinibus & servitiis, is a Writ of right close, which lyeth against the Tenant, that de∣forceth his Lord of the rent or service due un∣to him. Of this see more at large the Old. nat. br. fol. 77. Fitzh. eodem, fol. 151. and the Register orig. fol. 159.

Consultation, (consultatio) is a Writ whereby a cause, being formerly removed by prohibi∣tion from the Ecclesiastical Court, or Court Christian, to the Kings Court, is returned thi∣ther again. For the Judges of the Kings Court, if upon comparing the libel with the suggesti∣on of the party, they do find the suggestion false or not proved, and therefore the cause to be wrongfully called from the Court Christian; then upon this consultation or deliberation, they decree it to be returned again, whereupon the Writ in this case obtained, is called a con∣sultation. Of this you may read the Register orig. fol. 44, 45. &c. usque fol. 58. Old nat. br. fol. 32. & Fitz. eodem fol. 50.

Contenement, (contenementum) seemeth to be the free-hold Land, which lyeth to a mans Tene∣ment or dwelling house, that is in his own oc∣cupation. For in Magna charta, chap. 14. you have these words: A free man shall not be amerced for a small fault, but after the quantity of the fault, and for a great fault after the manner thereof, saving to him his contenement or free-hold. And a Merchant likewise shall be amerced saving to him his merchandies: and any other villain then owers, shall be amerced saving his waynage, if he take him to our mercy. And Bracton. lib. 3. tractat. 2. cap. 1. num. 3. hath these words: & sciendum, quòd miles & liber homo non amer∣ciabitur, nisi secundùm modum delicti, secundùm quod delictum fuit magnum velparvum, & salvo contenemento suo: mercator verò non nisi salva merchandiz: sua, & villanus nisi salvo Waniagio suo: which mercy seemeth to have been learn∣ed from the Civil law: whereby (executio non potest fieri in boves, aratra, aliave instrumenta ru∣sticorum, l. executores & Authen. Agricultores. Co. quae res pign. obliga. nec in stipendia, arma & equos militum, l. stipendia. Co. de executio. rei judica. & ibi doctores nec in libros scholarium. glos. in l. Nepos Proculo. verbo dignitate. π. de verbo signi∣fica. Quae tamen rusticorum, militum & scholari∣um privilegia circa executionem vera esse, & ea∣tenus obtinere intelligenda sunt, quatenus alia bona habent. Johan. Eimericus in processu judiciario: cap. de Executione senten. 79. num. 11.

Continuance, seemeth to be used in the Com∣mon law, as prorogatio is in the Civil law. For example: Continuance until the next Assise. Fitz. nat. br. fol. 154. F. and 244. D. in both which places it is said, that if a record in the Treasurie be alleged by the one party, and de∣nyed by the other: a (certiorari) shall be sued to the Treasurer, and the Chamberlain 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 th•• Tower, the King shall send to the Justices repeating the (certificate) and will them to continue the Assise. In this signification it is likewise used by Kitchin, fol. 202. & 199. and also anno 11 H. 6. cap. 4.

Continual claim (continuum clameum) is a claim made from time to time, Within every year and day, to Land or other thing, which in some respect we cannot attain without dan∣ger. For example, if I be disseised of land, into which, though I have right unto it, I dare not enter for fear of beating: it behooveth me to hold on my right of entry to the best op∣portunity

of me and minetheir, by approaching as neer it I can, once every year, as long as I live: and so I save the right of entry to mine heir. Terms of Law. Again, if I have a slave or villein broken from me, and remaining any where within the ancient demeasne of the King, being in the hands of the King, I cannot maintain the writ de nativo habendo, as long as he contuinueth there: but if I claim him with∣in the year and the day, and so continue my claim, until I can find him within that compass: I may lawfully lay hold of him as mine own. Fitz. nat. br. fol. 79. See more in Litleton, verbo, Continual claim. And the new book of Entries, Ibid. and Fleta. lib. 6. cap. 53.

Contract (contractus) is a Covenant or agree∣ment with a lawful consideration or cause. West, parte prim. symbol. l. 1. Sect. 10. and lib. 19. π. de verbo Significa. with other places, it is thus defined: Contractus est negotium inter duos pluresve data opera gestum, ut vel uterque invi∣cē; vel alteruter obligetur. Who so will through∣ly examine the difference between this & (pa∣ctum,) and such otherwords something like in signification, let himsearch the Civilians, and he shall find workboth pleasant and pro∣fitable, and well fitting the Common law also.

Contra formam collation is, is a Writ that lieth against an Abbot, or his successor (for him, or his heir) that hath given land toan Abbey, to cer∣tain good uses, and findeth that the Abbot or his Successour hath made a Feofment thereof, with the assent of the Tenents, to the disherison of the House and Church. This is founded upon the statute of West. 2. cap. 41. And of this see the Regist. orig. fol. 238. and Fitzh. nat. br. fol. 210. And note, that the Author of the Terms of Law saith, that this is not brought against the Tenent or alienee.

Contra formam feoffamenti, is a Writ that lyeth for the heir of a Tenent infeoffed of cer∣tain Lands or Tenements, by charter of Feof∣ment of a Lord, to make certain services and sutes to his Court, and is afterward di∣streined for more, than is contained in the said charter, Register orig. fol. 176. Old nat. br. fol. 162. and the Terms of the Law.

Contributione facienda is a Writ that lieth in case where more are bound to one thing, and one is put to the whole burthen, Fitz. nat. br. fol. 162. bringeth these examples. If Tenents in common or joynt, hold a Mill (pro indiviso) and equally take the profits thereof, the Mill falling to decay, and one or more of them refu∣sing to contribute toward the reparation thereof, the rest shall have this Writ to compel them. And if there be three Coparceners of Land, that owe sute to the Lords Court, and the eldest perform the whole: then may she have this Writ to compel the other two to a contribution of the charge, or to one of them; if one onely refuse. The Old nat. br. frameth this Writ to a case, where one onely sute is re∣quired for Land, and that Land being sold to divers, sute is required of them all, or some of them by distresse, as intirely, as if all were still in one, fol. 103. See the Register orig. fol. 176.

Controller (contrarotulator) commeth of the French (contrerouleur, i. antigraphus, graecè 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which in Rome was used for him, cui ia muneris iujunctum erat, ut observares pe∣cúniam, quam in usum Principis vel civitatis col∣legerunt exactores. Budaeus in annota. prio. in pand. tit. De officio quaestoris. In England we have divers officers of this name: as Controller of the Kings house, pl. cor. fol. 52. & anno 6 H. 4. cap. 3. Controller of the Navie, anno 35 Eli∣zabeth. cap. 4. Controller of the Custome, Cromptons Jurisd. fol. 105. Controller of Calis, anno 21 Rich. 2. cap. 18. Controller of the Mint, anno 2 H. 6. cap. 12. Controller of the Hamper, (Contrarotulator Hamperii) which is an officer in the Chancerie attending on the Lord Chancellor or Keeper daily in the Term time, and dayes appointed for sealing. His office is to take all things sealed from the Clerk of the Hanaper, inclosed in bags of Lether, as is men∣tioned in the laid Clerks office, and opening the bags, to note the just number, and especi∣al effect of all things so received, and to enter the same into a special book, with all the du∣ties appertaining to his Majestie, and other of∣ficers for the same, and so chargeth the Clerk of the Hanaper with the same. Controller of the Pipe, (contrarotulator Pipae) who is an offi∣cer of the Exchequer that writeth out sum∣mons twice every year to the Sheriffs, to levie the ferms and debts of the Pipe, and also keep∣eth a contrarolment of the Pipe. Controller of the Pell, is also an officer of the Exchequer, of which sort there be two, vtz, the two Cham∣berlains Clerks, that do, or should keep a con∣trolment of the Pell of receipts and goings out. And in one word, this officer was originally one, that took notes of any other officers ac∣counts or receipts, to the intent to discover him, if he dealt amisse, and was ordained for the Princes better security, howsoever the name si∣thence may be in somethings otherwise applyed. To the proof whereof you may take these few words out of Fleta, lib. 1. cap. 18. in prim. Qui cùm fuerint ad hoc vocati & Electi, (speaking of the Coroners) attachiari praecipiant appella: qui & capitula coronae in comitatu praesentent: contra quos vicecomes loci habeat contrarotulum, tam de

appellis & inquisitionibus, quàm aliis officium il∣ludtangentibus, &c. Which (contrarollum) is nothing else but a parallel of the same quality and contents with the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or original. This also appeareth by anno 12 Ed. 3. cap. 3. And this signification it seemeth to have also in France. For there the King hath his Receivers of Tailes in every Province, & Controllers, qui ad majorem fidem susceptoribus accedunt, descri∣bu••tque in tabulis quae colliguntur. Gregorii syntag. lib. 3. cap. 6. num. 6.

Conventione, is a Writ, that lyeth for the breach of any covenant in writing, Register orig. fol. 185. Old nat. br. fol. 101. Fitzh. calleth a Writ of Covenant, nat. br. fol. 145. who divi∣deth covenants into personal and real, making a sufficient discourse of them both: as also how this Wtit lyeth for both.

Convict, (convictus) is he that is found guilty of an offence by the verdict of the Jurie, Stawnf. pl. cor. fol. 186. Jet Master Crompton out of Judge Dyers Commentaries 275 saith, that convi∣ction is, either when a man is out-lawed, o•• appeareth and confesseth, or else is found guil∣ty by the Inquest, Crompt Just. of Peace, fol. 9. a. Conviction and attainder are often confound ed, lib. 4. fol. 46. a. b. See Attaint.

Coparceners, (participes) be otherwise called Parceners: and in Common Law, are such as have equal portion in the Inheritance of their Ancestour; and, as Litleton in the beginning of his third Book saith, Parceners be either b•• Law, or by custome. Parceners by Law, are the issue Female, which (no heir Male being) come in equality to the Lands of their Ance∣stours, Bract. lib. 2. cap. 30. Parceners by custom, are those that by Custome of the Countrey challenge equal part in such Lands: as in Kent by the Custome called (Gavel Kind.) This is cal∣led Adaequatio among the Feudists. Hot. in ver∣bis feuda. verbo Adaequatio. And among the Civilians it is termed familiae erciscundae judi∣cium, quod inter cohaeredes ideo redditur, ut & hae∣reditas dividatur, & quod alterum alteri dare fa∣cere oport••bit, praestetur, Hotoman. Of these two you may see Litleton at large in the first and se∣cond Chapters of his third Book, and Britton, cap. 27. intituled, De heritage divisable. The Crown of England is not subject to Coparcino∣ry, anno 25 H. 8. cap. 22.

Copie, (copia) cometh from the French (copia, i. le double de quelque escripture, latinè descriptio, graecè 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉,) and signifieth in our common language, the example of an original writing; as the copie of a Charter, the copie of a Court-roll.

Copia libelli deliberanda, is a Writ that lyeth in case where a man cannot get the copie of a Libel at the hands of the Judge Ecclesiastical, Reg. orig. fol. 51.

Copie-hold (tenura per copiam rotuli curiae) is a tenure, for the which the Tenent hath no∣thing to shew, but the copie of the Rolls made by the Steward of his Lords Court. For the Steward, as he inrolleth, and maketh remem∣brances of all other things done in the Lords Court: so he doth also of such Tenents, as be admitted in the Court, to any parcel of Land or Tenement belonging to the Mannor: and the transcript of this, is called the Court∣roll: the copie whereof the Tenent taketh from him, and keepeth as his only Evidence, Coke, lib. 4. fol. 25. b. This Tenure is called a Base-tenure, because it holdeth at the will of the Lord. Kitchin, fol. 80. cap. Copy-holds. Fitzh. nat. br. fol. 12. B. C. who there saith, that it was wont to be called Tenure in villenage, and that this Copie-hold is but a new name. Yet it is not simply at the will of the Lord, but according to the custome of the Manor. So that if a Cople-holder break not the custome of the Manor, and thereby forfeit his Tenure, he seemeth not so much to stand at the Lords courtesie for his right, that he may be displaced hand over head at his pleasure. These customes of Manor be infinite, varying in one point or other, almost in every several Manor. First, some Copy-hold is fineable, and some cer∣tain that which is fineable the Lord rateth at what fine or income he pleaseth, when the Tenent is admitted unto it: that which is cer∣tain, is a kind of inheritance, and called in many places Custumarie: because the Tenent dying, and the hold being void, the next of the blood paying the custumarie fine, as two shillings for an Acre or such like, may not be denyed his admission. Secondly, some Copy-holders have by custome, the wood growing upon their own land, which by Law they could not have. Kitchin ubi supra. Thirdly, Copy-holders some be such as hold by the verge in ancient Demesn: and although they hold by Copy, yet are they in account a kind of Free-holder. For if such a one commit Felonie, the King hath (annum, diem, & vastum) as in case of Free∣hold. Some other hold by common Tenure, called meer Copy-hold: and they committing Felony, their land escheateth to the Lord of the Manor forthwith. Kitchin, fol. 81. chap. Tenents per verge in ancient Demesn. What an∣cient Demesn is see in the right place. See Te∣nent by Copie of Court-roll. This is the land that in the Saxons time, was called Folk-land. Lamberd, explicat. of Saxon words, verbo, Terra ex scripto, West. part. prim. symb. l. 2. Sect. 646. de∣fineth a Copy-holder thus: Tenent by copie of Court-roll, is he which is admitted Tenent of any lands, or tenements within a Manor, that

time out of memory of man, by use and cu∣stome of the said Manor, have been demisable, and demised to such, as will take the same in Fee, in Fee-tail for life, years, or at will, accord∣ing to the custome of the said Manor, by copy of Court-roll of the same Manor, where you may read more of these things.

Coraage (coraagium) is a kind of imposition extraordinary, and growing upon some unusual occasion, and it seemeth to be of certain mea∣sures of corn. For corus tritici is a certain measure of corn. Bracton libro 2. cap. 116. nu. 6. who in the same Chapter, num. 8. hath of this matter these words: Sunt etiam quaedam com∣munes praestationes, quae servitia non dicuntur, nec de consuetisdine veniunt, nisi cum necessitas interve∣nerit, vel cùm rex venerit: sicut sunt hidagia, co∣raagia, & carvagia, & alia plura de necessitate, & ex consensu communi totius regni introducta, & quae ad dominum feudi non pertinent, & de quibus nul∣lus tenetur tenentem suum acquietare, nisi se ad hoc specialiter obligaverit in charta sua, &c.

Cordiner, cometh of the French (Cordovan∣nier, i. sutor calcearius) a Shoo-maker, and is so used in divers Statutes, as anno 3 H. 8. cap. 10. & anno 5 ejusdem cap. 7. and others.

Cornage (cornagium) cometh of the French (cor, i. cornu) and in our Common law, signifieth a kind of grand seargancy, the service of which tenure, is to blow a horn, when any invasion of the Northern enemy is perceived. And by this many men hold their land Northward, about the wall, commonly called the Picts∣wall. Cambden Britan. pag. 609. hence cometh the word (cornuare) to blow a horn. pupil. oculi, parte 5. cap. 22. in charta de Foresta. This service seemeth to have proceeded from the Romans. For I find (cornicularios) mentioned in the Ci∣vil law, viz. lib. 1. Cod. de officio diverso. Jud. 48. lege 3. & lib. 12. tit. de apparitoribus praefectorum prae∣torio, 53. lege 1. & 3. where Lucas de Penna de∣fineth them (eos qui cornu faciunt excubias mili∣tares.) And Brissonius lib. 3. de verbo significat. faith thus of them: (hi militum quoddam genus fuere, quicorniculo merebant, unde nomen habent.) Where it appeareth by him out of Suetonius, Plinie, and Livie, that the horn was an honour and reward given for service in war.

Corner-tile. See Gutter-tile.

Corody (corodium) cometh of the Latine verb (corrodo) and signifieth in our Common Law, a summe of money or allowance of meat and drink due to the King from an Abbey, or other house of Religion, whereof he is the founder, toward the reasonable sustenance of such a one of his servants, being put to his pensior, as he thinketh good to bestow it on. And the differ∣ence between a corrodie and a pension seem∣eth to be, that a Corrody is allowed toward the main enauce of any the Kings servants, that liveth in the Abbey: a pension is given to one of the Kings Chaplains for his better mainte∣nance in the Kings service, until he may be provided of a benefice. Of both these read Fitzh. nat. br. fol. 230, 231, 233. who there set∣teth down all the Corrodies and pensions cer∣tain, that any Abbey, when they stood, was bound to perform unto the King. There is mention also of a Corrody in Stawn. praeroga∣tive 44. And this seemeth to be an ancient law. For in Westm. 2. cap. 25. it is ordained, that an Assise shall lie for a Corrody. It is also ap∣parent by the Statute, anno 34. & 35 H. 8. c. 16. that Corrodies belonged some time to Bi∣shops from Monasteries: and by the new Terms of law, that a Corrody may be due to a common person by graunt from one to another, or of common right, to him that is founder of a Religious house, not holden in frank almoyn For that Tenure was a discharge of all Corro∣dies in it self. By which book it appeareth al∣so, that a Corrody is either certain or uncertain, and that it may be for life, years, in Tail, or in Fee.

Corodio habendo, it is a Writ, whereby to exact a Corrody of any Abbey or Religious house. See Corodie, see the Regist. orig. fol. 264.

Coronatore eligendo, is a Writ which after the death or discharge of any Coroner, is directed to the Shyreeve out of the Chancery, to call to∣gether the Free-holders of the County, for the choice of a new Coroner, to certifie into the Chancerie, both the election, and the name of the party elected and to give him his oath. See Westm. 1. cap. 10. and Fitzh. nat. br. fol. 163. and the Register orig. fol. 177.

Coroner (coronator) is an ancient Officer of this land, so called, because he dealeth wholly for the King and Crown, There be four of them commonly in every County, and they are chosen by the Free-holders of the same upon Writ, and not made by Letters Patents. Crompt. Jurisd. fol. 126. This Officer, though now he be some inferiour Gentleman, that hath some smattering in the Law: yet if we look to the statute of Westm. 1. cap. 10. we shall finde, that he was wont, and ought to be, a sufficient man: that is, the most wise and discreet Knight, that best will and may attend upon such an office. Yea, there is a Writ in the Register, Nisi sit miles, fol. 177. b. whereby it appeareth, that it was sufficient cause to remove a Coroner chosen, if he were not a Knight, and had not a hundred shillings rent of Free-hold. And the Lord Chief Justice of the Kings Bench, is the Soveraign Coroner of the whole Realm in per∣son,

i. wheresoever he remaineth, libro assissarum fol. 49.5. coron. Coke, lib. 4. casu de Wardens: &c. of the Sadlers, fol. 57. b. His office especially concerneth the Plees of the Crown: But if you will read at large, what anciently belonged un∣to him, read Bract. lib. 3. tract. 2. cap. 5. de officio coronatorum circa homicidium: and cap. 6. de of si∣cio coronatoris in thesauris inventis: and cap. 6. de officio coronatorum in raptu virginum: and cap. 8. de officio coronatorum de pace & plagis. And Brit∣ton in his first Chapter, where he handleth it at large. Fleta also in his first book, cap. 18. and A••drew Horns mirrour of Justices, lib. 1. cap. del. office del coroners. But more aptly for the present times, Stawnf. pl. cor. lib. 1. cap. 51. Note, there be certain Coroners special within di∣vers liberties, as well as these ordinary officers in every Countie: as the Coroner of the Verge, which is a certain compasse about the Kings Court, whom Crompton in his Jurisd. fol. 102. calleth the Coroner of the Kings house: of whose authority see S. Edw. Cokes reports, lib. 4. fol. 46. a. b. And I know certain Charters be∣longing to Colleges, and other corporations, whereby they are licensed to appoint their Coroner within their own precincts. Farther of this office see also Fitzh. nat. br. fol. 76. A. B. Sir Thomas Smith, lib. 2. cap. 21. de repub. Anglo. and Lamb. Eirenarcha, lib. 4. cap. 3. pag. 380. And the office of the Coroner in Scot land, what it is, read M. John Skene de verbo signif. verbo Iter.

Corporation (Corporatio) is that which the Ci∣vil law calleth Ʋniversitatem, or Collegium: A bodie Politick authorised by the Kings Char∣ter, to have a common Seal, a head Officer, one or more, and members able by their com∣mon consent, to grant, or to receive in law, any thing within the compasse of their Charter: even as one man may do by Law all things that by law is not forbidden: and bindeth the Successours, as a single man bindeth his Exe∣cutor or Heir. See Brokes his abridgement, titu∣lo Corporation: and the new Terms of Law, Eo∣dem.

Corpus cum causa, is a Writ issuing out of the Chancerie, to remove both the body and the record touching the cause of any man ly∣ing in execution, u••on a judgment for debt, in∣to the Kings Bench, &c. there to lye until he have satisfied the judgement, Fitzh. nat. br. fol. 251. E.

Corrector of the staple, is an officer, or Clerk belonging to the Staple, that writeth and re∣cordeth the bargains of Merchants there made, anno 27 Ed. 3. stat. 2. cap. 22, & 23. The Romans called them Me••sarios.

Corruption of blood, is an infection growing to the state of a man attainted of Felony, or Treason, and to his issue. For as he leeseth all to the Prince, or other Lord of the Fee, accordingly as his case is, so his issue cannot be heirs to him, or to any other Ancestor, of whom they might have claimed by him. And far∣ther, if he were noble, or a Gentleman before, he and his children are made unnoble and un∣gentle in respect of the father. New Terms of the Law.

Corse present, are words borrowed from the French, signifiing a Mortuarie, anno 21 H. 8. c. 6. The true French is (corps praesenté) i. the body presented or tendered. The reason why the Mortuarie is thus also termed, seem∣eth to be, for that where a Mortuarie was wont to be due, the body of the best Beast was ac∣cording to the law or custome, offered or pre∣sented to the Priest.

Corselet, is a French word, signifying a little Body, in Latine (corpusculum.) It is used with us, for an armour to cover the whole body, or trunk of a man, anno 4, & 5. Ph. & Mar. cap. 2. where with the Pikemen, commonly set in the front and flanks of the battel, are armed, for the better resistance of the enemies assaults, and the surer guard of the Gunners placed behind, or within them, being more sleightly armed, for their speedier issuing in and out to discharge their Pieces. See Barrets discourse of War, lib. 3. dialog. 2.

Cosenage, (cognatione) is a Writ, that lyeth where the Tresail (that is, Tritavus, the father of the Befail, or of the great Grand-father is seised in his Demesn, as of Fee, at the day of his death, of certain lands or tenements, and dyeth: and then a Stranger entreth and abateth. For then shall his Heir have this Writ of Cose∣nage: the form whereof see in Fitzh. nat. br. fol. 221. Of this also read Britton at large, cap. 89.

Cosening, is an offence unnamed, whereby any thing is done guilefully in or out of con∣tracts, which cannot be fitly termed by any e∣special name West. parte 2. Symbolaeogr. titulo, In∣dictments. sect. 68. It is called Stellionatus in the Civil law, of (Stellio) the beast, which is lacertae genus versutissimum, as Cujacius in his paratitles calleth it, and, quo nullum an mal homini invidet fraudulentius, Plinie, lib. 3. cap. 10.

Cotage, (cotagium) is a house without land belonging unto it, anno 4. Ed. pri. statut. prima. And the inhabitant of such a house is called a Cotager. But by a later statute, no man may build a Cotage, but he must lay 4. Acres of ground unto it, 31 Eliz. cap. 7.

Cote, is a kind of reffuse wool clung or clot∣ted together, that it cannot be pulled asunder,

anno 13. R. 2. stat. 1. cap. 9. It lignineth also as much as Cotage, in many places, as also it did among the Saxons, Verstegan in his Re∣stitut. of decayed intelligence in entiquities.

Covenable, (rationabilis) is a French word, signifying, fit or convenient, or suitable, con∣venably endowed, anno 4. H. 8. ca. 12. it is antiently written (convenable) as in the sta∣tute, an. 27. Ed. 3. stat. 2. cap. 17.

Covenant, conventio, is the consent of two, or more in one self thing, to doe, or give some∣what, West. parte 2. symbol. lib. 1. sect. 4. It seemeth to be as much as (pactum conventum) with the Civilians, which you read often∣times in Tullie. Pactum conventum, quod et vul∣go vesticum vocant, opponitur nudo pacto, ve∣tue ab omni juris solennitate destatuto. Hujus exempla ponere difficile esse Jason existimavit. Conventum aiunt, quod vestitur, autre, aut ver∣bis, aut literis, aut contractus cohaerentiâ, aut rei interventu. Oldendorpius. And covenant in this signification, is either a covenant in law, or a covenant in fact, Coke, li. 4. Nokes case, fol. 80. or covenant expresse, and covenant in law, idem, li. 6. fo. 17. a. Covenant in law is that, which the law intendeth to be made, though in words it be not expressed: as if the les∣sour doe demise and grant, &c. to the Leas∣see for a certain term, the Law intendeth a co∣venant of the Leassers part, that the Leassee shall, during his whole term, quietly enjoy his Lease against all lawfull encumbrance. Covenant in fact, is that which is expresly a∣greed between the parties. There is also a covenant meerly personall, and a covenant re∣all, Fitzh. nat. br. fo. 145. And he seemeth to say, that a covenant reall is, whereby a man tyeth himself to passe a thing reall, as land or tenements, as a covenant to levy a Fine of land, &c. A covenant meerly personal of the other side is, where a man covenanteth with another by deed to build him a house, or any other thing, or to serve him, or to in - feoff him, &c. Covenant is also the name of a writ: for the which see Conventione. Instru∣ments of covenant, you may see good store in West. parte 1. Symbolaeog. lib. 2. sectio 100. See also the new book of Entries, verbo, Co∣venant.

Covent, (conventus) signifieth the sooiety or fraternity of an abby or priorie, as (societas) signifieth the number of fellowes in a College. Bracton, lib. 2. cap. 35. It commeth of the French (convent, i. coenobium.)

Coverture, is a French word signifying any thing that covereth, as apparell, a coverlet, &c. and deduced from the verb (couvar, i. tege∣re.) It is particularly applyed in our Common law, to the estate and condition of a married woman, who by the lawes of our Realm, is in (potestute viri) and therefore disabled to con∣tract with any, to the prejudice of her self of her husband, without his consent and privity; or at the least, without his allowance and con∣firmation. Broke hoc tit. per totum. And Bract∣on saith, that omnia quae sure uxorit, sunt ipsius viri, nec habet uxer potestatem sui, sed vir. L••. 2. cap. 15. and that (vir est caput mutieris li. 4. cap. 24. and again, that in any law-matter, sine viro respondere non potest, li. 5. tract. 2. cap. 3. and tract. 5. cap. 23. ejusdem libri, hee hath words to this effect, Vir & uxor sum quasi unica perso∣na: quia caro una & sanguis unus. Res licet sit propria uxoris, vir tamen ejus custos, cùm sit caput mulieris, and lib. 1. cap. 10. nu. 2. Uxores sunt sub virg a viri. And if the husband ali∣enate the wifes land, during the mariage, she cannot gainesay it during his life. See Cui ante divortium, and Cui in vita.

Covine, (covina) is a deceitfull assent or a∣greement between two or more, to the preju∣dice or hurt of another. New terms of Law. It commeth from the French verb (convenan∣cer, i. depascisci,) or rather (convenir, i. con∣venire.)

Coucher, signifieth a Factour that continu∣eth in some place or Countrey for trasique. anno 37. Ed. 3. cap. 16. It is used also for the generall book, into which any Corporation entreth their particular acts for a perpetuall remembrance of them.

Counte, commeth of the French (coumpte i. subductus, computatio, ratio) or of (emote, i. war∣ratio.) It signifieth as much as the original de claration in a process, though more used in reall actions than personall, as declaration is rather applyed to personall than reall. Fitz. nat. br. fol. 16. A. 60. D. Pl. 71. A. 191. E. 217. A. (Libellus) with the Civilians com∣prehendeth both. And yet count and decla∣ration be confounded sometimes; as Count in debt, Kitchin, fol. 281. count or declaration in appeal, pl. cor. fol. 78. Count in trespasse, Brit∣ton, ca. 26. Count in an action of Trespasse up∣on the case for a slander, Kuchin, fol. 252. This word seemeth to come from France and Normandy. For in the grand Custumary ca. 64. I find (Contours) to be those, which a man set teth to speak for him in court, as advocates: and cap. 63. (Pledurs) to be another sort of spokes-men, in the nature of Atturneys, for one that is himself present, but suffereth another to tell his tale. Where also in the 65. chap∣ter, Atturney is said to be he, that dealeth for him that is absent. See this text and glosse upon those 3. chapters. Camntours (by Horn

in his Mirror of Justices, li. 2. ca. Des loyers) are Sergeants skilfull in the law of the Realm, which serve the common people, to pronounce and defend their actions in judgement for their fee, when occasion requireth: whose du∣ty, if it be as it is there described, and were observed men might have much more com∣fort of the Law than they have.

Countenance, seemeth to be used for credit or estimation, Old nat. br. fo. 111. in these words: Also the attaint shall be granted to poor men that will swear, that they have nothing whereof they may make Fine, saving their countenance, or to other by a reasonable Fine. So is it used, anno 1. Ed. 3. stat. 2. cap. 4. in these words: Sheriffs shall charge the Kings debtors with as much as they may levie with their oaths, without abating the Debtors countenance.

Counter, (computatorium) seemeth to come of the Latine (computare) or the French (coun∣ter.) For we use it for the name of a prison. whereinto, he that once slippeth, is like to ac∣conut ere he get out.

Counter-plee is compounded of two French words (contre, i. contra, adversus) and (pleder, i. causam agere.) it signifieth properly in our Common law, a replication to (ayde prier.) For when the Tenent by cour esie, or in dow∣er, prayeth in ayde of the King, or him in the teversion, for his better defence: or else if a stranger to the action begun, desire to be received, to say what he can for the safe∣gard of his estate: that which the demandant allegeth against this request, why it should not be admitted, is called a counter-plee. See Broke tit. And in this signification it is used, anno 25. Ed. 3. stat. 3. cap. 7. See also the new Termes of Law, and the Statute, anno 3. Ed. 1. cap. 39.

County, (comitatus) signifieth as much as (Shire) the one descending from the French, the o∣ther from the Saxons, both containing a cir∣cuit or portion of the Realm, into the which the whole land is divided, for the better go∣vernment thereof, and the more easie admi∣nistration of justice. So that there is no part of the Kingdome, that lieth not within some County, and every County is governed by a yearly officer, whom we call a Sheriff, which among other duties belonging to his office, putteth in execution all the Commandements and Judgements of the Kings courts, that are to be executed within that compasse. Fortescue cap. 24. Of these Counties, there be four of especiall mark, which therefore are termed Counties Palatines, as the Countie Palatine of Laucaster, of Chester, of Durham, & of Ely, an. 5. Eliz. 1. ca. 23. I read also of the Countie Palatine of Hexam, an. 33. H. 8. ca. 10. Unde quaere. And this County Palatine is a Juris∣diction of so high a nature, that whereas all Plees touching the life, or mayhem of man cal∣led Plees of the Crown, be ordinarily held and sped in the Kings name, and cannot passe in the name of any other, the chief governours of these, by especial charter from the King, did heretofore send out all writs in their own name, and did all things touching Justice, as absolutely as the Prince himself in other Counties, only acknowledging him their Su∣periour and Soveraign. But by the Statute anno 27. H. 8. ca. 25. this power is much a∣bridged, unto the which I refer the reader; as also to Crom. Juris. fol. 137. for the whole course of this court. Besides these Counties of both sorts, there be likewise Counties Corporate, as appeareth by the Statute anno 3. Ed. 4, 5. And these be certain Cities, or antient Boroughs of the land, upon which the Princes of our Nation have thought good to bestow such extraordinary liberties. Of these the famous Citie of London is one, and the principall; York another, an. 32. H. 8. cap. 13. the City of Chester a third, an. 42. Eliz. cap. 15. Canterbury a fourth, Lamb. Eire. lib. 1. cap. 9. And to these may be added many more: but I have only observed out of the statutes & other writers, the County of the Town of Kingston upon Hull, anno 32. H. 8. cap. 13. the County of the Town of Haverford West, anno 35. H. 8. cap. 26. and the County of Litchfield, Cromptons Justice of peace, fo. 59. a. County is in another signification used for the Countie court, which the Sheriff keepeth e∣very month within his charge, either by him∣self or his Deputy, anno 2. Ed. 6. ca. 25. Crompt. Juris. f. 221. Bract. li. 3. c. 7. & l. 3. tract. 2. cap. 12. Of these Counties or Shires one with another, there are reckoned in England 37. beside twelve in Wales.

The word (comitatus) is also used for a ju∣risdiction or territory among the Feudists.

County court (curia comitatus) by M. Lamberd is otherwise called (conventus) in his explication of Saxon words, & divided into two sorts: one retaining the geneeal name, as the County-court held every moneth by the Shiereve, or his De∣puty the under Sheriff, wherof you may read in Crompt. jurisd. f. 231. the other called the Turn, held twice every year, which see more at large in his place: and Cromptons Jurisd. fol. 231. This County court had in antient times the cognition of these and other great matters, as may appear by Glanvile lib. 1. cap. 2.3.4. by Bracton and Britton in divers places,

and by Pleta lib 2. cap. 62. But was abridged by the Statute of Magna charta cap. 17. and much more by 1 Ed. 4. cap. unico. It had also, and hath the determination of certain tres∣passes, and debts under forty shillings. Britton, cap. 27, & 28. what manner of proceeding was of old used in this Court, see Fleta ubi su∣pra.

Coursitour. See Cursetour.

Court curia) cometh of the French (court) which signifieth the Kings Palace or Mansion, as (curtis) doth among the Lombards. All these spring of the Latine curia) which signifieth one of thirty parts, into which Romulus divi∣ded the whole number of the Romans: some∣time also the Senat-house, as appeareth by Tully in his Offices (nihil est quod dignum no∣bis, aut in foro aut in curta agere possumus) which in his oration (pro Milone) he calleth Templum sanctitatis, amplitudinis mentis, consilii publici, ca∣put urbis, &c. Court with us, signifieth di∣versly: as the House where presently the King remaineth with his ordinary retinue, and also the place where Justice is judicially ministred: of which you find 32 several s••rts in M. Cromp∣tons book of Jurisdictions well described. And of them most be courts of record: some be not, and therefore are accounted base Courts in comparison of the rest. Beside these also there are Courts Christian. Smith de Repnb. Anglor. lib. 3. cap. 6. which are so called, be∣cause they handle matters especially apper∣taining to Christianity, and such as without good knowledg in Divinity cannot be well judged of, being held heretofore by Arch∣bishops and Bishops, as from the Pope of Rome: because he chalenged the superiority in all causes spiritual: but sithence his ejection, they hold them by the Kings authority (virtute ma∣gistratus sui) as the Admiral of England doth his Court. Whereupon it proceedeth, that they send out their precepts, in their own names, and not in the Kings, as the Justices of the Kings Courts do. And therefore as the ap∣peal from these Courts did lye to Rome: now by the statute anno 25 H. 8. cap. 19. it lieth to the King in his Chancerie.

Court baron (curia baronis) is a Court that every Lord of a manor (which in ancient times were called Barons) hath within his own pre∣cincts. Barons in other Nations have great Territories and jurisdiction from their Sove∣raignes: as may be proved out of Cassanaeus de gloria mundi. part. 5. consideratio 56. by Vincentius de Franchis. descis. 211. and many others. Bu here in England what they be, and have been heretofore, see in Baron. Of this Court Baron you may read your fill in Kitchin, that writeth a large Book of it, and of a Court Leet. Sir Ed∣ward Coke in his fourth Book of Reports, amongst his Copy-hold cases. fol. 26. b. saith, that this Court is two after a sort: and therefore if a man having a mannor in a Town, and do graunt the inheritance of the Copy-holders thereunto belonging, unto another: this gran∣tee may keep a Court for the customarie Te∣nants, and accept surrenders to the use of others, and make both admittances and graunts: the other Court is of Free-holders, which is properly called the Court Baron, wherein the suters, that is, the Free-holders, be Judges: whereas of the other the Lord or his Steward is Judge.

Court of Pypowders. See Pie-powders.

Court of Requests (curia requestarum) is a Court of equity, of the same nature with the Chancerie, principally instituted for the help of such petitioners, as in conscionable cases deal by supplication with his Majestie. This Court, as M. Gwin saith, in the Preface to his Readings, had beginning from Commission first granted by Henry the eighth to the Masters of Requests: whereas before that time (by his opinion) they had no warrant of ordinary jurisdiction, but travelled between the King and the Petitioner by direction from the Kings mouth. But Sir Julius Caesar in a Tractate of his, painfully and very judiciously gathered from the Records of the same Court, plainly sheweth that this Court was 9 Henrici septimi, though then following the King, and not setled in any certain place, neither swayed particularly by the Masters of Requests (as now it is) but more at large by others of the Kings most Honourable Councel, whom he pleased to employ in this service. For page 148. of the said Tractate, you have the form of the oath then ministred to those that were Judges in this Court: and à pag. pri. usque ad pag. 46. causes of divers natures, which in the said Kings dayes, were there handled and adjudged. This Court, as that right honourable and Learned Knight, in a Brief of his upon the same Court plainly proveth, was and is parcel of the Kings most honoutable Councel, and so alwayes called and esteemed. The Judges thereof were alwayes of the Kings most Ho∣nourable Councel, appointed by the King to keep his Councel board. The keeping of this Court was never tyed to any place certain, but onely where the Counsel sate, the suters were to attend. But now of late for the ease of su∣ters, it hath been kept in the White-Hall at Westminster, and onely in Term time. It is a Court of Record, wherein Recognizances are also taken by the Kings Councel. The form of proceeding in this Court, was altogether ac∣cording

to the processe of summarie causes in the Civil Law. The persons Plaintiffs, and Defendants, were alwayes either privileged, as officers of the Court, or their servants, or as the Kings servants; or as necessary Attendants of them: or else where the Plaintiffs poverty, or mean estate was not matchable with the wealth or greatnesse of the Defendant: or where the cause meerly contained matter of Equity, and had no proper remedie at the Common law: or where it was specially re∣commended from the King to the Examina∣tion of his Councel: or concerned Universities, Colleges, Hospitals, and the like. The causes wherewith they deal, and whereof they judge are of all sorts: as Maritine, Ultra Marine, Eccle∣siastical, Temporal; But properly Temporal causes, and onely of the other sort, as they are mixt with Temporal. The manner of proceeding in the said Court, is first, by Privy Seal, Letters Missive, or Injunction, or Messen∣ger, or Bond. Secondly, By Attachement. Thirdly, by Proclamation of Rebellion. Fourthly, by Commission of Rebellion. Fifth∣ly, by Sergeant at Arms. The effect of the Defendants apparence is, that he attend De die in diem on the Councel, till he have mad his answer to the Plaintiffs Bill, and be li∣censed to depart upon caution De judicio sisti & judicato solvendo, and Constitution of his At∣turney and Councel by name. The authority of this Court is such, as upon cause to graunt injunctions for barring the Defendant from suing the Plaintiff at the Common law: and to stay the sute at the Common law before commencement, and not to arrest the body of the Plaintiff till further order be taken by the Kings Councel; and the execution of a Decree in this Court may be done, either by imprisonment of the person disobeying, being party, or claiming, under the party: or by levy of the summe adjudged upon his Lands.

Courtesie of England (lex Angliae) cometh of the French, (Courtesie, i. benignitas, humanitas) but with us hath a proper signification, being used for a Tenure. For if a man marry an Inheri∣trice, that is, a woman seised of land in fee∣simple, or fee-tail general, or seised as heir of the tail special, and getteth a child of her that cometh alive into the world, though both it and his wife die forthwith, yet if she were in possession, shall he keep the land during his life, and is called Tenent per Legem Angliae, or by the courtesie of England. Glanvil. lib. 7. cap. 18. Bracton. lib. 5. tractat. 5. cap. 30. num. 7, 8, 9. r itto n. cap. 51. fol. 132. Fleta, lib. 6. cap. 56. § lex quaedam. Fitz. nat. br. fol. 149. D. Littleton, lib. 1. cap. It is called the law of England. West. 3. cap. 3. This is in Scotland called (curialitas Scotiae. Skene de verbo, sign. verbo Curialitas: who there saith that this is used in these two Realms onely, and maketh a large discourse of the custome.

Coutheutlaughe, is he that wittingly receiveth a man outlawed, and cherisheth, or hideth him. In which case he was in antient times subject to the same punishment, that the out∣law himself was, Bracton. lib. 3. tract. 2. cap. 13. num. 2. It is compounded of (couthe) i. known, acquainted, familiar, and (utlaughe) an outlaw, as we now call him.

Coutilage, aliâs curtilage (Curtilagium, alias curtilegium) signifieth a garden, a yard, or a field, or piece of void ground lying neer and belonging to a mesuage, West. parte 2. Symbolaeo. titulo Fines. sect. 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. & anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth. Curtilegium vulgare nomen est, non ommum patriarum, sed cer∣tarum. Est enim curtis mansio vel manerium ad habitandum cum terris possession••bus, & aliis emo∣••umentis adtale manerium pertinentibus, prout sa∣tis colligitur in libro feudorum, titulo, De contro∣versia investiturae, §. si quis de manso. Col. 10. Unde curtilegium dicitur locus adjunctus tali curti, ubi leguntur herbae vel olera ••••••c dictus à (curtis) & (lego legis) pro colligere. Thus farre Linwood titu∣lo de decimis. ca. Sancta. § omnibus, verbo Curtele∣giorum. So that in effect, it is a Yard or a Garden adjoyning to a House.

CR

Creansour (creditor) cometh of the French (croyance, i. persuasio) and signifieth, him that trusteth another with any debt, be it in money or wares, Old nat. br. fol. 67.

Cranage, (cranagium) is a liberty to use a Crane for the drawing up of wares from the Vessels, at any creek of the Sea or wharf, unto the Land, and to make profit of it. It signi∣fieth also the money paid and taken for the same. New Book of Entries, fol. 3. col. 3.

Creek, (creca, crecca, vel crecum) seemeth to be a part of a Haven, where any thing is landed or disburthned out of the Sea. So that when you are out of the Main Sea, within the Haven, look how many landing places you have, so many Creeks may be said to belong to that Haven. See Cromptons Jurisdictions, fol. 110. a. This word is mentioned in the statute, as anno 5 Eliz. c. 5. and divers others.

Creast-tile. See Roof-tile.

Croft, (croftum) is a little close or pitle joyned to a house, that sometimes is used for a Hemp-ground, sometime for Corn, and some∣time for Pasture, as the owner listeth. It seem∣eth to come of the old English word (Creaft)

signifying handy-craft: because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner.

Croises, (cruce signati) be used by Britton, cap. 122. for such as are Pilgrims: the reason may be, for that they wear the sign of the Crosse up∣on their Garments. Of these, and their Privi∣leges, read Bracton, lib. 5. parte 2. cap. 2. & part. 5. cap. 29. and the Grand Custumary of Nor∣mandy, cap. 45. Under this word are also signi∣fied, the Knights of the order of Saint John of Jerusalem, created for the defence of Pil∣grims, Gregor. Syntagm. lib. 15. cap. 13. & 14.

CU

Cuckingool, (tumbrella) is an engine invent∣ed for the punishment of Scolds and unquiet women, called in ancient time a tumbrel, Lamb. Eirenarcha, lib. 1. cap. 12. po. 62. in meo. Bracton writeth this word (Tymborella.) Kit∣chin, where he saith, that every one having view of Frank-pledge, ought to have a Pillo∣rie and a Tumbrel, seemeth by a Tumbrel, to mean the same thing, cap. Charge in Court leet. fol. 13. a.

Cuth, other, uncuth (privatus vel extraneus.) These be old English words, not yet worn out of knowledge, for the which see Roger Hoveden, parte poster. suorum annalium, fol. 345. a.

Cudutlaghe. See Couthutlaughe.

Cui ante divortium, is a Writ, that a Wo∣man divorced from her Husband, hath to re∣cover lands or tenements from him, to whom her husband did alienate them during the marriage: because, during the marriage, she could not gainsay it, Regist. orig. fol. 233. Fitzh. nat. br. fol. 204.

Cuinage, is a word used for the making up of Tinne, into such fashion as it is commonly framed into for the carriage thereof into other places, anno 11 H. 7. cap. 4.

Cui in vita, is a Writ of Entry, that a Wi∣dow hath against him, to whom her Husband aliened her Lands or Tenements in his life time: which must contain in it, that during his life time, she could not withstand it. Regist. orig. fol. 232. Fitzh. nat. br. fol. 193. See the new Book of Entries, verbo, Cui in vita.

Cuntey cuntey, is a kind of trial, as appeareth by Bracton in these words: Negotium in hoc casu terminabitur per cuntey cuntey, sicut inter cohare∣des, Bracton lib. 4. tract. 3. cap. 18. And again, in the same place: In b evi de recto negotium terminabitur per cuntey cuntey. And thirdly, lib. 4. tract. 4. cap. 2. Terminabitur negotium per breve de recto: ubi nec duellum, nec magna assisa, sed per cuntey cuntey omninò: which in mine opi∣nion is, as much as the ordinary Jury.

Curfew cometh of two French words (couv∣rir, i. tegere) and (feu, i. ignis. We use it for an Evening Peal, by the which, the Conqueror willed every man to take warning for the ra∣king up of his fire, and the putting out of his light. So that in many places at this day, where a Bell customably is rung toward Bed-time, it is said to ring Curfew: Stowes annals.

Curia avisare vult, is a deliberation, that the Court purposeth to take, upon any point or points of a cause, before judgement be resolved on. For this, see the new Book of Entries, verbo, Curia advisare vult.

Curia claudenda, is a Writ, that lyeth against him, who should fence and close up his ground, if he refuse, or deferre to do it, Regist. orig. fol 155. Fitzh. nat. br. fol. 127. See also the new Book of Entries, verbo, Curia claudenda.

Cursiter (clericus de cursu, vel cursista curiae cancellariae) is an Officer or Clerk, belonging o the Chancerie, that maketh out original Writs, anno 14, & 15 H. 8. cap. 8. They be called Clerks of Course, in the oath of the Clerks of the Chancery, appointed anno 18 Ed. 3. stut. 5. cap. unico. There be of these, 24 in number, which have allotted unto every of them certain Shires; into the which, they make out such original writs, as are by the sub∣ject required, and are a Corporation among themselves.

Curteyn (curtana) was the name of King Ed∣ward the Saint his Sword, which is the first Sword that is carried before the Kings of this Land at their Coronation, Matthaeus Parisiens. in Henrico tertio. And I have heard say, that the point thereof is broken: which may argue an emblem of Mercie.

Curtilage. See Curtelage.

Custode admittendo, & Custode amovendo, are Writs for the admitting or removing of Gardi∣ans, Reg. orig. in indice.

Custom (consuetudo) is all one in signification with our Common Lawyers and Civilians, being by them both accounted a part of the law. Consuetudo quandoque pro lege servatur (saith Bracton) in partibus ubi fuerit more utentium ap∣probata. Longaevi enim temporis usus & consuetu∣dinis non est vilis authoritas, lib. 1. cap. 3. It may be thus not unaptly defined: Custome is a law or right not written, which being esta∣blished by long use, and the consent of our An∣cestors, hath been, and is daily practised: our Ancestors, that is (majores,) and those of our kindred that are Ultra tritavum, lib. 4. §. paren∣tem, π. de in jus vocando, lib. ult. §. parentes, π. de gradibus & affini, & nominibus eorum. So that allowing the father to be so much older than his son, as (pubertas) or the years of genera∣tion

do require, the Grandfather so much elder than him, and fo forth usque ad tritavum: we cannot say that this or that is a Custome, except we can justifie, that it hath continued so one hundred years. For tritavus must be so much elder than the party that pleadeth it: yet be∣cause that is hard to prove, it is enough for the proof of a Custome by witnesse in the Common law, (as I have credibly heard) if 2 or more can depose, that they heard their Fathers say, that it was a custome all their time, and that their Fathers heard their Fathers also say, that it was likewise a custome in their time. If it be to be proved by record, the continuance of a hundred years will serve. Custome is either general, or particular: General I call that, which is current thorow England: whereof you shall read divers in the Doctor and Student, lib. pri. c. 7. very worthy to be known. Particular is that, which belongeth to this or that County, as Gravelkind to Kent, or to this or that Lord∣ship, City, or Town. Custome differeth from Prescription, for that cu••ome i•• common to more, and Prescription (in some mens opinion) is particular to this or to that man. Again Pre∣scription may be for a farre shorter time than a Custome, viz. for five years, or for one year or lesse. Example of five years Prescription you have in the levying of a Fine. For if a Fine duly levied of Lands and Tenements be not impug∣ned within five years, it excludeth all claim for ever. And if a man omit his continual claim for a year and a day: then the Tenent in pos∣session prescribeth an immunity against the en∣try of the Demandant & his Heir, Fitz. nat. br. fol. 79. Terms of the law, verbo continual claim. Out of our statutes you may have greater di∣versity, which see collected in mine Institutes, titulo de Usucapio, & longi tempo. praescript. So that Brissonius in his 14 de verbo signif. seemeth to say truly, that Prescription is an exception founded upon so long time run and past, as the Law limiteth for the pursute of any acti∣on. An example may be taken from those sta∣tutes, anno 1 H. 8. cap. 4. which enacteth, that in all action popular, information shall be made within three years after the offence commit∣ted, or else be of no force. Of like nature is the Statute, anno 7 H. 8. cap. 3. which in some cases maketh one years prescription sufficient against informations. Custome is also used for the tribute or tolle, that Merchants pay to the King for cartying in and out Merchandise, anno 14 Ed. 3. stat. 1. cap. 21. in which signi∣fication it is Latined (Custuma) Register orig. fol. 138. a. r 29. a. And lastly, for such services, as Tenents of a Mannor owe unto their Lord: New book of Entries, verbo Custome.

Customary tenents, (tenentes per consuetudinem) are such Tenents, as hold by the Custom of the Mannor, as their special evidence. See Copie∣holds.

Custos brevium, is the principal Clerk belong∣ing to the Court of Common Plees: whose office is to receive and keep all the Writs, and put them upon files, every return by it self, and at the end of every Term to receive of the Pro∣tonotaries all the Records of (Nisi prius) called the (postea.) For they are first brought in by the Clerk of Assise of every circuit to the Protonotary that entred the issue in that mat∣ter, for the entring of the Judgement. And then do the Pronotaries get of the Court per∣emptory day, for every party to speak what he hath to allege in arrest of Judgement: which day being past, he entreth the Verdict and Judgement thereupon into the rols of the Court: and that done, he doth in the end of the Term deliver over to the Custos brevium, all the Records of (Nisi prius) which came to his hand that term: which received, he bindeth in∣to a bundle and bestoweth them. The Custos breviam also maketh entry of the Writs of Co∣venant, and the Concord upon every Fine: and maketh forth exemplifications and Copies of all Writs and Records in his office, and of all Fines levied. The Fines after they be ingros∣sed, the parts thereof are divided between the Custos brevium and the Chirographer: whereof the Chirograper keepeth alwayes with him the Writ of Covenant and the note, the Custos brevium keepeth the concord and the foot of the Fine, upon the which foot the Chi∣rographer do because the Proclamations to be endorsed, when they be all proclaimed. This Office is in the Princes gift.

Custos placitorum coronae: Bracton, l. 2. cap. 5. This seemeth to be all one with him, whom we now call (Custos rotulorum) Of this Officer I find mention in the Writ (odio & acia) Regist. orig. fol. 133. b.

Custos rotulorum, is he, that hath the custo∣die of the Rolls or Records of the Sessions of Peace: and (as some think) of the commission of the Peace it self. Lamb. Eirenarch. lib. 4. ca. 3. pag. 373. He is alwayes a Justice of Peace and Quorum, in the County where he hath his Of∣fice, Idem, eodem, and by his Office he is rather termed an Officer or Minister than a Judge: because the Commission of the Peace layeth, by expresse words, this especial charge upon him, quòd addies & loca praedicta, brevia, prae∣cepta, praecessus, & indictamenta prodictacoram te & dictis sociis tuis venire facias. Idem, eodem. where read a competent tract of other things belonging to this Office.

Custos of the spiritualities (custos spiritualitatis vel spiritualium) is he that exerciseth the Spiri∣tual or Ecclesiastical Jurisdiction of any Di∣oces, during the vacancie of the See: the ap∣pointment of whom by the Canon Law apper∣taineth to the Dean and Chapter. ca. ad abolen∣dā Extra. Ne sede vacante aliquid innovetur. But with us in England to the Arch-bishop of the Province by Prescription. Howbeit, divers Deans and Chapters (if M. Gwin say truly in the Preface to his Readings,) do challenge this by auncient Charters from the Kings of this Land.

Cutter of the tayls, is an Officer in the Exche∣quer, that provideth Wood for the Tayles, and cutteth the sum paid upon them, and then cast∣eth the same into the Court to be written up∣on.

DA

DAmmage, cometh of the French (dam) or (domage) signifying generally any hurt or hinderance that a man taketh in his estate: But in the Common law, it particularly signifieth a part of that the Jurours be to enquire of, passing for the Plaintiff or Demandant in a Civil acti∣on, be it personal or real. For after verdict given of the principal cause, they are like∣wise asked their consciences touching costs (which be the charges of sute, called of the Ci∣vilians (expensae litis) and Dammages, which conte in the hindrance that the Plaintiff or De∣mandant hath suffered by means of the wrong done to him by the Defendant or Tenant.

Dane-gilt, Dane-gold, or Dane-gelt (Dane-geldum is compounded of (Dane and gelt, i. pe∣cunia) and was a Tribute layd upon our Ance∣stors of twelve pence for every hide of Land through the Realm by the Danes, that once got the masterie of us, in regard (as they pre∣tended) of clearing the Seas of Pyrates, which greatly annoyed our Land in those dayes. Cambd. Britan. 83. with whom agree the laws of Edward set out by M. Lamberd, cap. 11. Stow in his annals, pag. 118. saith, that this tribute came to 40000. pounds by the year, and that it was released by Ed. the Confessor. The Author of the new terms of Law saith, that this tribute began in the time of King Etheldred, who being sore distressed by the continual invasion of the Daue, to procure his peace, was compelled to charge his people with importable payments. For first he gave them at five several payments 113000. pounds, and afterward granted them 48000. pounds yeerly. See Roger Hoveden parte poster. suorum annalium in Henrico secundo fol. 344. a.

Dareyn continuance. See Continuance. Darein is a corrupt word of the French (dernier, i. ul∣timus.)

Darrein presentment (ultimae prasentatio.) See Assise or Darreyn presentment.

Dates (dactyli) is the plumme or fruit of the tree in Latine called palma, in English the Date∣tree, well known to most men by sight. And he that will farther understand the nature or diversities of this fruit, may repair to Gerards Herbal, lib. 3. cap. 131. They be numbred among Spices and Drugs to be garbled, 1 Jacob. 19.

Day (dies) is sometime used in the Law, for the day of appearance in Court, either origi∣nally, or upon assignation; and sometime for the returns of Writs. For example, dayes in bank, be dayes set down by Statute or order of the Court, when Writs shall be returned, or when the party shall appear upon the Writ served. And of this you may read the Statutes, anno 51 H. 3. cap. 1. & 2. Marlb. cap. 12. anno 52 H. 3. and the Statute de anno bissextili, anno 21 H. 3. and lastly, anno 32 H. 8. cap. 21. To be dismissed without day, is to be finally discharged the Court, Kitchin fol. 193. He had a day by the Roll, Kitchin fol. 197. that is, he had a day of appearance assigned him. Day, Yeer, and waste. See Dies, and Year.

DE

Deadly feud (feuda) is a profession of an un∣quenchable hatred, until we be revenged, even by the death of our enemy. It is deduced from the German word (Feed) which, as Hotoman saith, in verbis feudalibus, modo bellum, modo ca∣pitales inimicitias significat. This word is used anno 43 Eliz. cap. 13.

Dead pledge (mortuum vadium) See Mori gage.

Dean, (decanus) is an Ecclesiastical Magistrate, so called of the Greek (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 because he hath power over ten Canons at the least. How∣beit in England we use to call him a Dean, that is next under the Bishop, and chief of the Chapter ordinarily in a Cathedral Church: and the rest of the Society or Corporation we call Capitulum, he Chapter. But this word how diversly it is used read Lindwood, titulo de judic. ca. pri. verbo Decani rurales, where Dean Rurals are said to be certain persons that have certain jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning, assigned unto them by the Bishop and Archdeacon, being placed and displaced by them. As there be two foundations of Cathedral Churches in England, the old, and the new (the new be those which Henry the eighth upon suppres∣sion

of Abbyes transformed from Abbot or Prior and Covent to Dean and Chapter) so be there two means of creating these Deans. For these of the old foundation are brought to their dignity much like Bishops: the King first (ending out his Congé d'eslire to the Chap∣ter, the Chapter then chusing, the King yeeld∣ing his royal assent, and the Bishop confirming him, and giving his mandate to install him. Those of the new foundation are by a shorter course installed by vertue of the Kings Let∣ters Patents, without either election or confir∣mation. This word is also applyed to divers that are the chief of certain peculiar Churches, or Chapels, as the Dean of the Kings Chap∣pel, the Dean of the Arches, the Dean of Saint George his Chapel in Windfor, the Dean of Bocking in Essex.

Debet & solet; These words are divers times used in the Writers of the Common law, and may trouble the mind of a young Student, ex∣cept he have some advertisement of them. For example, it is said in the Old nat. br. fol. 98. This Writ (de secta molindini) being in the (debet) and (solet) is a Writ of right, &c. and again, fol. 69. A Writ of (Quod permittat) may be plead∣ed in the County before the Sheriff, and it may be in the (debet) and in the (solet) or the (debet) without the (solet) according as the Deman∣dant claimeth. Wherefore note, that those Writs that be in this sort brought, have these words in them, as formal words not be omit∣ted. And according to the diversity of the case, both (debet) and (solet) are used, or (debet) alone: that is, if a man sue to recover any right by a Writ, whereof his Ancester was disseised by the Tenant or his Ancestor, then he useth onely the word (debet) in his Writ, because (solet) is not fit by reason his Ancestor was dis∣seised, and the custome discontinued: but if he sue for any thing, that is now first of all denied him, then he useth both these words (debet & solet) because his Ancestors before him, and he himself usually injoyed the thing sued for: as sute to a Mill, or common of Pasture, until this present refusal of the Tenant. The like may be said of (debet) and (detinet) as appeareth by the Regist. orig. in the Writ de debito, fol. 140. a.

Debito, is a VVrit which lyeth, where a man oweth to another a certain summe of money upon an Obligation or other bargain, for any thing sold unto him. Fitzh. nat. br. fol. 119. This VVrit is made sometime in the Detinet, and not in the Debet, which properly falleth out, where a manoweth an Annuitie ••or a certain quantitie of wheat, barley, or such like, which he refuseth to pay, Old nat. br. fol. 75. See Debet & Solet.

Denelage (Denelagia) is the law that the Danes made here in England, out of which, and Merchenlage, and West-Saxonlage, the Conque∣rour compounded certain ordinances for his subjects, Camdeni Britan. pag. 94. & pag. 183.

Decens tales. See Tales.

Decies tantum, is a VVrit that lyeth against a Jurour, which hath taken money for the gi∣ving of his Verdict, called so of the effect, be∣cause it is to recover ten times so much as he took. It lieth also against Embracers, that procure such an Enquest, anno 38 Ed. 3. cap. 13. Reg. orig. fol. 188. Fitzh. nat. br. fol. 171. New book of Entries, verbo Decies tantum.

Deceit (deceptio, fraus, dolus) is a subtile wily shift or devise, having no other name. Hereunto may be drawn all maner of craft, subtilty, guile, fraud, wylinesse, slightnesse, cunning, covin, collusion, practice, and offence, used to deceive another man by any means, which hath none other proper or particular name, but offence, West. parte 2. symbol. titulo Indictments, sect. 68. See Cosening.

Decanniers. See Deciners.

Deceptione, is a VVrit that lyeth properly against him that deceitfully doth any thing in the name of another, for one that receiveth harm or Dammage thereby. Fitzh. nat. br. fol. 95. This VVrit is either original or judicial, as ap∣peareth by the Old nat, br. fol. 50. where you may read the use of both. For some satisfaction, take these words of that book: This VVrit 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 disherited, or other∣wise evil intreated: as it appeareth by the Re∣gister, &c. And when it is judicial, then it lieth out of the Rolls of Record: as in case where (scire facias) is sent to the Sheriff, that he warn a man to be before the Justices at a certain day, and the Sheriff return the Writ served: whereas the said man was not warned, by which the party that sueth the (scire faci∣as) recovereth, then the party which ought to have been warned, shall have the said Writ against the Sheriff. The Author of the Termes of Law, verbo Deceit, saith, that the original VVrit of Deceit lieth, where any Deceit is done to a man by another, so that he hath not sufficiently performed his bargain or promise. In the VVrit judicial he concurreth with the former book. See the Reg. orig. fol. 112. and the Reg. Judicial in the table, verbo Decep∣tione.

Decintis solvendis pro possessionibus alienigena∣rune, is a VVrit, or Letters Patents, yet extant in the Register, which lay against those, that

had fermed the Priors aliens lands of the King, for the Rector of the Parish, to recover his tithe of them, Regist. orig. fol. 179.

Deciners, aliâs, desiners, aliâs, doziners, (decena∣rii) cometh of the French (dizeine, i. decan ten in number or old of (disenier, i. decearchus.) It figni∣fieth in the ancient monuments of our law, such as were wont to have the ouersight and check of ten Fribargs, for the maintenance of the Kings peace. And the limits or compal••e of their jurisdiction was called decenna) Bracton lib. 3. tract. 2. cap. 15. of whom you may also read, Fleta, lib. 1. cap. 27. and a touch in the Regist. orig. fol. 98. b. These seemed to have large authority in the Saxons time, taking knowledg of causes within their Circuit, and redressing wrongs by way of judgement, as you may read in the Laws of King Edward, set out by M. Lamberd, num. 32. In later times I find men∣tion of these, as in Britton, cap. 12. who saith in the Kings person (as he writeth his whole book) in this manner: VVe will, that all those which be 14 years old, shall make oath, that they shall be sufficient and loyal unto us, and that they will be neither Felons, nor assenting to Felons•• and we will, that all be (endozeint & plevis per dozeniers) that is, professe them∣selves to be of this or that Dozein, and make or offer surety of their behaviour by these or those Doziniers: except Religious persous, Clerks, Knights, and their eldest Sons, and Women. Yet the same Author in his 29 Chapter, something toward the end, doth say, that all of twelve years old, and upward, are punishable for not coming to the turn of the Sheriff, Except Earls, Prelates, Barons, Religi∣ous persons, and women. Stawnf. pl. cor. fol. 37. out of Fitzh. hath these words: The like Law is, where the Dozeniers make presentment that a Felon is taken for Felonie, and delivered to the Sheriff &c. And Kitchin out of the Re∣gister, and Britton, saith thus: Religious persons Clerks, Knights, or VVomen, shall not be De∣ceniers, fol. 33. So that hereby I gather, that of later times, this word signifieth nothing but such an one, as by oath of loyalty to his Prince, (for surety none ordinarily findeth at these dayes) is setled in the combination or society of a Dozein. And a Dozein seemeth now to extend so farre, as every Leet extendeth: be∣cause in L••ets onely this oath is ministred by the Steward, and taken by such as are twelve years old and upwards, dwelling within the compasse of the Leet where they are sworn Fitzh. nat. br. fol. 161. A. The particulars of this oath you may read in Bracton, lib. 3. tract. 2. cap. 1. num. 1. in these words: Quibus propositis (that is, the Commission of the Justices being read, and the cause of their coming being shewed) debent Justiciarii se transferre in ali∣quem locum secretam, & vocatis ad so quatuor vel sex, uel pluribus de ma oribus de comitatu, qui dicuntur Busones Comitatus & ad quorum nutum dependent vota aliorum, & sic inter se tractatum habeant Justiciarii adinvicem, & ostendant quali∣ter à Don••ino Rege & erus concilio provisum sit, quàd omnes tam milite, quàm alii qui sunt quin∣decim ann••rum & ampliùs, jurare debent quòd ut∣lagatos, murditores, robbatores, & burglatores non recepta••••nt, nec eis consentient, nec corum recepta∣toribus, &. si quos tales noverint, illos attachiari facient, & hoc Vicecomiti & balivis suis monstra∣bunt•• & si hutesium vel clameum de talibus audiverint, statim and to clamore, sequantur cum familia & hominibus de terra sua. Here Bra∣cton setreth down fifteen years for the age of those that are sworn to the Kings peace, but lib. 3. tract. 2. cap. 11. num. 5. he nameth 12 years. See Inlaughe. A man may note out of the Premisses, diversities between the ancient, and these our times, in this point of law and government, as well for the age of those that are to be sworn as also that Decennier is not now used for the chief man of a Dozen, but for him that is sworn to the Kings peace: and lastly, that now there are no other Dozens but Leets, and that no man ordinarily giveth other security for the keeping of the Kings peace, but his own oath: and that therefore none answereth for anothers transgression, but every man for himself. And for the general ground this may suffice. See Franke pledge.

Declaration (declaratio) is properly the shew∣ing forth, or laying out of an action personal in any sure, howbeit, it is used sometime, and indifferently for both personal and real actions. For example, anno. 36. E. 3. cap. 15. in these words: By the ancient terms and forms of De∣clarations, no man shall be prejudiced: so that the matter of the action be fully shewed in the Demonstration, and in the Writ: See the new Terms of Law. See Cownte.

Dedimus potestatem, is a Writ, whereby com∣mission is given to a private man for the speed∣ing of some act. appertaining to a Judge. The Civilians call it (Delegationem.) And it is grant∣ed most commonly upon suggestion that the party: which is to do something before a Judge, or in Court, is so feeble, that he cannot tra∣vel. It is used in divers cases: as to make a personal answer to a Bill of complaint in the Chaunce••ie, to make an Atturney for the following of a sute in the Countie, Hundred, Wapentake, &c. Old nat. br. fol. 20. To levie a Fine, West. parte 2. symbol. titulo Fines, sect.

112. and divers others effects, as you may see by Fitzh. nat. br. in divers places noted in the Index of the Book: In what diversity of cases this VVrit or Commission is used, see the Table of the Regist. orig. verbo, Dedimus po∣testatem.

Deeds (Facta) signifie in our Common law-writings, that contain the effect of a contract made between man and man, which the Civi∣lians call (Literarum obligationem.) And of Deeds there be two sorts, Deeds indented, and Deeds poll. VVhich division, as M. West. saith parte 1. Symbol. lib. 1. sect. 46. groweth from the form or fashion of them; the one being cut to the fashion of teeth in the top or side, the other being plain. And the definition of a deed indented, hee expresseth thus, Sect. 47. A Deed indented, is a Deed consisting of two parts, or more, in which it is expressed, that the parties to the same Deed, have to every part thereof interchangeably, or several∣ly, set their several seals. See the rest, where at the last, he sheweth the cause of the name: viz. for that consisting of more parts, each part is indented, or cut one of them into the other, that by the cut it may appear, they belong to one businesse, or contract. A Deed poll, or polled, he describeth thus: Sect. 46. Q. A polled Deed is a Deed testifying, that onely the one of the parties to the bargain, hath put his seal thereunto, after the manner there by him described: which read for your better un∣derstanding. See the new Terms of law, verbo Fait, where he sheweth, that each Deed con∣sisteth in three points: writing, sealing, and delivery.

Deer Hayse, anno 19 H. 7. cap. 11. seem∣eth to be an Engine of cords, to catch Deer.

De essendo quietum de telonio, is a VVrit that that lyeth for them which are by privilege freed from the payment of Toll, which read at large in Fitzh. nat. br. fol. 226.

Defalt (Defalta) cometh from the French (Defaut) and is an offence, in omitting that which we ought to do. West. parte 2. symbol. titulo Indictment. sect. 2. Of this hath Bracton a whole Tractate, lib. 5. tractat. 3. By whom it appeareth that a Default is most notoriously taken for non appearance in Court, at a day as∣signed. Of this you may read also in Fleta, lib. 6. cap. 14.

Defeisance (defeisantia) cometh of the French (Desfaire) or (Deffaire, i. infectum reddere quod factum est) and signifieth in our Common law, nothing but a condition annexed to an Act, as to an Obligation, a Recognisance or Statute, which performed by the Obligee or Recog∣nizee, the Act as disabled and made void, as if it never had been done, whereof you may see West. at large, part. 1. symb. lib. 2. Sect. 156.

Defendant (defendens) is he that is sued in an Action personal: as Tenant, is he which is sued in an Action real. Terms of the Law.

Defendemus, is an ordinary word in a Feof∣ment or Donation, and hath this force, that it bindeth the Donour and his Heirs, to defend the Donee, if any man go about to lay any ser∣vitude upon the thing given, other than is con∣tained in the Donation. Bracton, lib. 2. cap. 16. num. 10. See also Warrantizabimus & Acquie∣tabimus.

Defender of the Faith (defensor fidei) is a pecu∣liar title given to the King of England by the Pope, as (Catholicus) to the King of Spain, and Christianissimus to the French King. It was first given by Leo Decimus to King Henry the 8. for writing against Marsin Luther, in the be∣half of the Church of Rome, then accounted, Domicilium fidei Catholicae. Stows annals, pag. 863.

Deforsour (deforciator) cometh of the French (Forceur, i. expugnator.) It is used in our Com∣mon law, for one that overcometh and casteth out by force, and differeth from disseisour first in this, because a man may disseise another without force, which act is called simple dissei∣sin. Britton. cap. 53. next, because a man may deforce another, that never was in possession: as for example, if more have right to lands as Common heirs, and one entring keepeth out the rest, the Law saith, that he deforceth them, though he do not disseise them. Old nat. br. fol. 118. and Litleton in his Chapter, (Disconti nuance) fol. 117. saith, that he which is enfeoffed by the Tenant in Tail, and put in possession, by keeping out the Heir of him in reversion being dead, doth deforce him, though he did not dis∣seise him; because he entred, when the Tenant in tail was living, and the Heir had no present right. And a Deforsor differeth from an intru∣dour, because a man is made an Intrudour by a wrongful entry onely into Land or Tenement void of a possessour. Bracton, lib. 4. cap. pri. and a Deforsour is also by holding out the right He iras is above said.

Deliverances. See Repligiare.

Demand, (demanda vel demandum cometh of the French (Demande, i. postulatio, postulatus) and signifieth a calling upon a man for any thing due. It hath likewise a proper significatiō with the Common Lawyers opposite to plaint. For the pursute of all civil actions are either de∣mands or plaints: and the persuer is called Demandant or Plaintiff: viz. Demandant in actions real, and Plaintiff in personal. And

where the party perfuing is called Deman∣dant, there the party persued is called Te∣nant: where Plaintiff, there Defendant. See Terms of Law, verbo Demandant.

Demy haque. See Haque, and Haquebut.

Demain, (Dominicum) is a French word, otherwise written (Domaine) and signifieth (Patrimonium Domini) as Hotoman saith, in ver∣bis feudalibus, verbo Dominicum, where by di∣vers authorities he proveth those Lands to be dominicum, which a man holdeth originally of himself, and those to be feodum, which he hold∣eth by the benefit of a superiour Lord. And I find in the Civil Law (Rem dominicam) for that which is proper to the Emperor. Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoveatur, being the 38 title of the 7 book. And (Res dominici juris, i. reipub.) in the same place. And by the word (Doma∣nium) or (Demanium) are properly signified the Kings Lands in France, appertaining to him in property, Quia Domanium definitur illud, quod nominatim consecratum est, unitum & incorpora∣tum Regiae coronae, ut scripsit Chopinus de doman••o Franciae, tit 2. per legem. Si quando 3. Cod. de bon. vacan. lib. 10. & Mathaeut de Afflictis in consti. Siciliae lib. 1. tit. De locatione Demanii, 82. which may be called, Bona incorporata & in cor∣pus fisci redacta, Skene de verborum signif. verb. Terrae Dominicales. In like manner co we use it in England: howbeit we here have no land (the Crown-land onely excepted) which hold∣eth not of a Superior. For all dependeth ei∣ther mediatly or immediately of the Crown, that is, of some honour or other belonging to the Crown, and not graunted in fee to any in∣feriour person. Wherefore no common person hath any Demaines, simply understood. For when a man in pleading, would signifie his land to be his own, he saith, that he is, or was seised therof in his demain as of Fee. Litleton, l. 1. c. 1. Whereby he signifieth, that though his land be to him and his Heirs for ever, yet it is not true Demain, but depending upon a superior Lord, and holding by service, or rent in lieu of ser∣vice, or by both service and rent: Yet I find these words used 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 crown land, is crept in by errour and ignorance of the word (Fee) or at least, by understanding it otherwise than of the Feudists it is taken. But Britton, cap. 78. sheweth, that this word (de∣meyn) is diversly taken: sometime more large∣ly, as of Lands or Tenements held for life, &c. and sometime more strictly, as for such onely as are generally held in see. This word sometime is used for a distinction between those lands, that the Lord of a Mannor hath in his own hands, or in the hands of his Leassee, dimised upon a rent for tearm of years or life, and such other land appertaining to the said Mannor, which belongeth to free, or copy-holders. Howbeit, the copy-hold belonging to any Ma∣nor, is also in the opinion of many good Law yers accounted Demeines: Bracton in his fourth Book, tract. 3. cap. 9. num. 5. hath these words: Item dominicum accipitur multipliciter. Est autem dominicum quod quis habet ad men∣sam suam & propriè, sicut sunt Bordlands anglicè. Itèm dicitur dominicum villenagium quod traditur villanis, quod quis tēpestivè & intempestive sumere possit pro voluntare sua, & revocare. Of this Fleta likewise thus writeth: Dominicū est multiplex. Est autē Dominicū propriè terra ad mensā assignata, & villenagium quod traditur villanis ad excolendum, & terra precariò dimissa, quae tempestiviè & pro voluntate domini poterit revocari: & sicut est de terra commissa, tenenda quàm diu commissori pla∣cuerit, poterit & dici Dominicum de quo quis babet liberū tenementū, & alius usufructum: & etiā ubi quis habet liberū tenementū, & alius curā sicut de custode dici poterit & curatore, & unde urus dici∣tur à jure, alius quoque ab homine. Dominicum eti∣am dicitur ad differentiam ejus quod tenetur in servitio. Dominicum est omne illud tenementum, de quo antecessor oblit se••situs ut de feudo, nec refert cum usufructu vel sine & de quo sie ectus esset, si viveret, recuperare posset per assisam nomine dis∣seisinae, licet alius haberet usum fructum: sicut dici poterit de illis qui tenent in villenagio, qui utuntur, fruuntur non nomine proprio sed omine Domin•• sui. Flet. lib. 5. cap. 5. sect. Dominicum autem. And the reason why Copy-hold is accounted Demeans, is because they that be Tenents un∣to it, are judged, in law, to have no other right, but at the will of the Lord. So that it is re∣puted still after a sort to be in the Lords hands. And yet in common speech, that is called ordinarily Demeans, which is neither free nor copy. It is farther to be noted, that Demain is sometime used in a more special signification, and is opposite to Frank-fee. For example, those lands, which were in the posses∣sion of King Edward the Confessour, are cal∣led Ancient Demain, and all others be called Frank-fee. Kitchin, fol. 98. And the Tenents which hold any of those Lands, be called Te∣nents in Ancient Demain, the others, Tenents in Frank-fee. Kitchin ubi supra. And also Te∣nents of the Common law, West. parte 2. Sym∣bol. titulo Fines, Sect. 25. The reason is, because Tenents in ancient Demain, cannot be sued out of the Lords Court: Terms of the Law, Verbo ancient Demain. And the Te∣nents in Ancient Demain, though they hold

all by the verge, and have none other evidence, but copy of Court rol, yet they are said to have Free-hold, Kitchin, fol. 81. See Ancient Demain.

Demain cart of an Abbot, seemeth to be that Cart, which the Abbot useth upon his own Demain. Anno 6 H. 3. cap. 21.

Demurrer (demorare) cometh of the French (demeurer, i. manere in aliquo loco vel morari) It signifieth in our Common law, a kind of pawse upon a point of difficulty in any action, and is used substantively. For in every action, the controversie consisteth either in the fact, or in the law: If in the fact, that is tried by the Ju∣ry; if in law, then is the case plain to the Judge; or so hard and rare, as it breedeth just doubt. I call that plain to the Judge, wherein he is as∣sured of the law, though perhaps the party and his councel yeeld not unto it. And in such, the Judge with his Associats proceedeth to Judgement without farther work: but when it is doubtful to him and his Associates, then is there stay made, and a time taken, ei∣ther for the Court to think farther upon it, and to agree if they can: or else for all the Ju∣stices to meet together in the Chequer cham∣ber, and upon hearing of that which the Serge∣ants shall say of both parts, to advise, and set down what is law. And whatsoever they conclude, standeth firm without farther reme∣die. Smith, de Repub. Anglo. lib. 2. cap. 13. West calleth it a Demurrer in Chancery likewise, when there is question made whether a par∣ties answer to a Bill of Complaint, &c. be de∣fective or not: and thereof reference made to any of the Bench, for the examination thereof, and report to be made to the Court, parte 2. symb. tit. Chancery, Sect. 29.

Denariataterrae. See Farding-deal of land.

Denizen, cometh of the French (donaison, i. donatio.) And signifieth in our Common law, an Alien that is infranchised here in England by the Princes Charter, and inabled, almost in all respects, to do as the Kings native subjects do, namely, to purchase, and to possesse lands, to be capable of any office or dignity. Yet it is said to be short of naturalization, because a stranger naturalized, may inherit lands by descent, which a man made onely a Denizen cannot. And again, in the Charter whereby a man is made Denizen, there is commonly con∣teined some one clause or other, that abridgeth him of all that full benefit, which natural sub∣jects do enjoy. And when a man is thus in∣franchised, he is said to be under the Kings pro∣tection; or, Esse ad fidem Regis Angliae, before which time he can injoy nothing in Englād Bra∣cton, l. 5. tract. 5. c. 25. nu. 3. Nay, he & his goods might be seised to the Kings use, Horn in his mir∣rour of Justices, lib. 1. c. de la Venue de frane plege.

Deodand (deodandum is a thing given or for∣feited (as it were) to God for the pacification of his wrath in a case of misadventure, whereby any Christian soul cometh to a vio∣lent end, without the fault of any reasonable Creature. For example, if a Horse should strike his Keeper, and so kill him: If a man in driving a Cart, and seeking to redresse any thing about it, should so fall, as the Cart wheel run∣ing over him, should presse him to death: If one should be felling of a Tree, and giving warning to company by, when the Tree were neer falling, to look to themselves, and any of them should be slain neverthelesse by the fall of the Tree. In the first of these cases, the Horse: in the second, the Cart-wheel, Cart and Horses: and in the third, the Tree is to be given to God: that is, to be & sold distributed to the poor, for an expiation of this dreadful event, though ef∣fected by unreasonable, yea, senlesse and dead creatures. Stawnf. pl. cor. lib. 1. cap. 2. whereof also read Bracton, lib. 3. tract. 2. cap. 5. and Brit∣ton, cap. 7. and West. parte 2. symbolaeog. titulo In∣dictments, Sect. 49. And though this be given to God: yet is it forfeited to the King by law, as sustaining Gods person, and an executio∣ner in this case, to see the price of these distri∣buted to the Poor, for the appeasing of God, stirred up even against the earth and place, by the shedding of innocent blood thereupon. Fle∣ta saith that this is sold, and the price distri∣buted to the Poor, for the soul of the King, his Ancestors, and all faithful people departed this life, l. 1. c. 25. verbo, De submersis. And it seem∣eth that this Law hath an imitation of that in Exo dus, cap. 21. Si cornu petierit bos virum vel mulierem, ita ut moriatur, lapidabitur bos, neque comedetur caro ejus, ac dominus ejus erit innocens.

De Deoner anda pro rata portionis, is a Writ that lieth where one is distrained for a rent, that ought to be paid by others proportional∣ly with him. For example, a man holdeth ten Oxegangs of land by fealty, and ten shillings rent of the King, and alienateth one Oxegang thereof to one, another to another in fee. Af∣terward the Sheriff or other officer cometh, and distraineth onely one of them for the rent: he that is distrained may have this writ for his help, Fitzh. nat. br. fol. 234.

Departer, is a word properly used of him, that first pleading one thing in barre of an acti∣on, and being replyed thereunto, doth in his re∣joynder, shew another matter contrary to his first Plea. Plowden in Reniger, and Fogassa, fol. 7. & 8. And of this see divers examples in Broke, titulo Departer de son plee, &c.

Departers of Gold and Silver. See Finours.

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

Dereyn (disrationare, vel dirationare) may seem to come of the French (disarroyer, i. confun∣dere, turbare) to confound or turn out of or∣der, or (desranger,) i. to set out of order, of lastly of the Norman word (desrene) for with the Normans (desrene) is nothing else but a proof of the denial of mans own fact. For Rubigineus in his grand custumarie, cap. 122 & 123. maketh mention of (lex probabilis) and (lex deraisnia) legem probabilem or (probationem) he defineth to be a proof of a mans own fact, which he saith he hath done, and his adversary denieth. His ex∣ample in this: A. sueth R. for a Hog: saying, thou shouldest deliver me a Hog for two shil∣lings six pence, which money F. paid thee: wherefore I demand my Hog. R. answereth: It is true that thou sayest, and I delivered thee thy Hog, which I am ready to prove. Deraisni∣an he defineth, to be a proof of a thing that one denieth to be done by himself; which his ad∣versary saith was done, defeating or confound∣ing his adversaries Assertion (as you would say) and shewing it to be without, and against reason or likelihood, which is avouched in our Common law it is used diversly, first generally, for to prove: as Dirationavit jus suam hares pro∣pinquior. Glanvil. lib. 2. cap. 6. and Habea probos hemmer, qui hoc viderum & audierunt, & parati sunt hoc dirationare. Idem lib. 4. cap. 6. and (Dirationavit terram illam in curia mea.) Idem lib. 2. cap. 20. 1. he proved that land to be his own, &c. And (pertinentiam eam dirationavit in vita sua, vel alio modò juste perquisivit) Idem lib. 6. cap. 12. and Bracton useth it after the same sort, in these words: Habeo sufficientem disra∣tiocinationem & probationem, lib. 4. tract. 6. cap. 16. and so he useth (disrationare) lib. 4. cap. 22. and so in Westm. 2. anno 13 Ed. pri. cap. 32. and to derein the warranty, Old nat. br. fol. 146. and to derein the warranty Paramount, anno 31 H. 8. cap. primo. And dereigner le Warranty in Plowd. casu Basset in fine 2. partis, fol. 6, 7. & 8. a. hath the same signification. So it is used, West. 2. cap. 5. anno 13 Ed. 1. in these words: And when the parson of any Church is disturbed to demand Tithes in the next Parish, by a Writ of (Indicavit) the patron of the Parson so disturbed to demand Tithes, shall have a Writ, to demand the Advowson of the Tithes, being in demand: and when it is deraigned, then shall the Plee passe in the Court Christian, as sarre forth as it is deraigned in the Kings Court. Bracton also, lib. 3. tract. 2. cap. 3. num. 1. speaking of him that appealeth another for any Treason or Felony, hath these words: Pro∣ponat accufans appellum suum in hunc modum, sc. debet dicere se interfuisse, & vidisse certo loco certo die, certa hora, & sci••isse ipsum accufatum praelocutum fuisse mortem reg••s, vel se••••tionem su∣am, vel exercitus sui, vel consensisse, vel anxiliant & consilium impendisse, vel ad hoc authoritxtem praestitisse: & hoc ego juxta considerationent curiae disrationare paratus sum. He useth it like wise as the Normans use, (Disraisniam) for him, that offereth to justifie his denial: as lib. 3. tract. 2. cap. 2 S. num. 1. in these words, Rex consilio Episcoporum & bonorum mrsit propter comitem, ut statuto die ventret ad curiam, ad disrationandum vel defendendum se, si posset. Lastly, in some places I find the substantive (dereinement) used in the very literal signification of the French (disrayer) or (defranger) that is, as a man would say, turning out of course, displacing or ferting out of order: as dereinement or departure out of Religion, anno 31 H. 8. cap. 6. and dereinment or discharge of their profession, anno 33 H. 8. cap. 29. which is spoken of those Religious men, which forsook their orders and profes∣sions: as also anno 5, & 6 Ed. 6. cap. 13. So doth Kitchin use the verb, fol. 152. in these words: The Leasse entreth into Religion, and after∣ward is dereigned. And Britton useth these words (Semounse desrenable) for a summons that may be challenged as defective, or not lawful∣ly made, cap. 21. Of this you may read some∣thing more in Skene de verb. signif. verbo Dis∣rationare; where in one signification he con∣foundeth it with our waging and making of Law.

De son tort Demesne, seem to be certain words of form in an action of trespasse, used by way of reply to the Plee of the Defendant. For example: A. sueth B. in action of Trespasse B. answereth for himself, that he did that which A. calleth a Trespasse, by the commandement of C. his Master. A. saith again, that B. did it de son tort demesne, sans ceoque. C. luy commanda modo et forma: that is, B. did it of his own wrong, without that C. com∣manded him in such form, &c.

Detinet. See Debito and Debet.

Detinew (detinendo) is a Writ that lyeth against him, who having goods or chattels de∣livered him to keep, refuseth to deliver them again. See of this Fitzh. nat. br. fol. 138. To this is answerable in some sort (actio depositi) in the Civil law. And he taketh his action of de∣tinew, that intendeth to recover the thing de∣livered, and not the Dammages sustained by the Detinew. Kitchin, fol. 176. See the new book of Entries, verbo, Detinew.

Devastaverunt bona testatoris, is a Writ lying against Executors, for paying Legacies and Debts without specialties, to the prejudice of

the creditours that have specialties, before the debts upon the said specialties be due. For in this case, the Executors are as liable to acti∣on, as if they had wasted the goods of the Te∣starour riotously or without cause. New Terms of Law.

Devest (Devestir) is contrary to Invest. For as Investire signifieth possessionem tradere. So (devestire) is (possessionem auferre) feud. lib. pri. cap. 7.

Devise, alias divise, cometh of the French (diviser, i. dispertiri, discernere, separare, distin∣guere) as (diverser parici et par la distribuere.) This word is properly attributed in our Com∣mon Law to him, that bequeaths his goods by his least Will or Testament in writing: and the reason is, because those that now apper∣tain onely to the Devisour, by this act are di∣stributed into many parts. Wherefore I think it better written divise then devise, howbeit it were not absurd, to derive this word from the French (deviser,) i. serm••cinari, fabulari, con••i∣lium conferre.) For in this sense it agreeth in some sort with the nature of the act of the Testator, and with the Etymology of a Testa∣ment set down by Justinian, who saith, that te∣stamentum is (quasimentis testatio, titulo, de testa. ordinan, in instit. and testatio mentis cannot be so well, as by talk and conference with our wise and skilful friends.

Devoires of Cales, anno 2 R. 2. Stat. 1. cap. 3. et anno 5. ejusdem, Stat. 2. cap. 2. were the cu∣stomes due to the King for Merchandize brought to or carried out from Caleis, when our Staple was there. The word is French, sig∣nifying as much as (officium) dutie.

Devorce, alias, divorce (divortium) is with our Common Lawyers, accounted that separation between two de facto married together, which is à vinculò matrimonii, non solùm à mensa & thoro. And therefore the woman so divorced, received all again that she brought with her. This is not, but only, upon a nullity of the mar∣riage through some essential impediment, as consanguinity or affinity within the degrees forbidden, precontract, impotency, or such like. See the new Tearms of Law:

DI

Diem clausit extremum, is a Writ that lyeth for the Heir of him that holdeth Land of the Crown, either by Knights service, or in soccage, and dyeth, be he under or at full age, directed to the Escheatour of the County for inquiry to be made by him, of what estate the deceased par∣ty was seised, & who is next heir unto him, and of what value the Land is. The form thereof and other circumstances you may learn in Fitz. nat. br. fol. 251.

Dyer, was a learned Lawyer, and Lord Chief Justice of the Common Plees, in the dayes of Queen Elizabeth: who writ a Book of great account, called his Commentaries or Re∣ports.

Dies datus, is a respight given to the Tenant or Defendant before the Court. Brook tisulo Continuance.

Dicker of Leather, is a quantity consisting of ten hides. The name may seem to come from the Greek (Decas) which is also a Latine word signifying ten in number.

Diguity Ecclesiastical (dignitas Ecclesia••tica) is mentioned in the statute anno 26 H. 8. cap. 3. and is by the Canonists defined to be (administratio cum jurisdictione, & potestate te ali∣quae conjuncta. Glos. in cap. 1. de consuct. in sexte) whereof you may read divers examples in Duarynus de sacris Eccles. minist. & benefic. lib. 2. cap. 6.

Dioces (diocesis) is a Greek word compounded of (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) and (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) and signifieth with us, the circuit of every Bishops Jurisdiction. For this Realm hath two sorts of divisions, one into Shires or Counties, in respect of temporal po∣licy, another into Diocesses, in respect of Juris∣diction Ecclesiasticall.

Diet a rationabilis, is in Bracton used for a rea∣sonable dayes journey, lib. 3. parte 2. cap. 16. It hath in the Civil Law divers other significa∣tions, not needful here to be set down. v. vocab. utriusque juris.

Dimibaque. See Haque.

Disalt, signifieth as much as to disable. Litle∣ton in his Chapter of Discontinuance.

Disceite, See Deceit and deceptione. See the new book Entrie, verbo Disceit.

Discent (Discensus) in the French (Descents) signifieth in the Common law, an order or means whereby Lands or Tenements are de∣rived unto any man from his Ancestors: as to makehis discent from his Ancestors: Old nat. br. f. 101. is to shew how and by what degrees, the Land in question came to him from his Ancestors: as first from his great Grandfather, to his Grandfather, from his Grandfather to his Father, and so to him. Or in such other like sort: This discent is either lineal or collateral. Lineal Discent is conveyed downward in a right line from the Grandfather, to the Father, and from the Father to the Son, and from the Son to the Nephew, &c. Collateral discent is springing out of the side of the whole blood: as Grandfathers brother, Fathers brother, &c. See the new Tearms of Law.

Disclamer (Disclamium) is a Plee containing an expresse denial or refusal: as if the Tenant sue a Replevin upon a Distresse taken by the

Lord, and the Lord avow the taking of the di∣stresse, saying that he holdeth of him as of his Lord, and that he distremed for rent not payd, or service not performed: then the Tenant denying himself to hold of such Lord, is said to Disclaim: and the Lord proving the Tenant to hold of him, the Tenant leeleth his Land. Terms of Law. Of this see Skene de verb. fignif. verbo Disclamation. Also if a man denie him∣self to be of the blood or kindred of another in his Plee, he is said to disclaim his blood: Fitzh. nat. br. fol. 197. G. See Brook titulo Diselamer. If a man arraigned of Felony do disclaim goods, being cleered he leeseth them. Stawnf. pl. cor. fol. 186. See the new book of Entries, verbo, Disclamer.

Discontinuance (Discontinuatio) cometh of the French (Discontinuer, i. cessare, intermittere) and signifieth in the Common law, nothing else but an interruption of breaking off: as disconti∣nuance of possession, or discontinuance of pro∣ces. And the large discourse that Litleton hath about this (Discontinuance) is rather to shew cases wherein it is, or wherein it is not, than to define the thing. The effect of Dis∣continuance of possession is this, that a man may not enter upon his own Land or Tene∣ment alienated, whatsoever his right be unto it, of his own self, or by his own authority, but must bring his Writ, and seek to recover possession by Law. Examples you may have store in his Tearms of Law, verbo Discontinu∣ance. And in Litleton codem capite, with whom agreeth another in these words: But Disconti∣nuance of Possession, is indeed an impediment to a man for entring into his own Land or Te∣nements, caused by the fact of one, that alie∣nated them contrary to right, and gave Livery and Seisin of them, whereby the true owner is left only to his action. See the new Tearms of Law, and the Institutes of the Common law, cap. 43. and see S. Ed. Cokes Reports, lib. 3. the Case of Fines, fol. 85. b. The effect of Discon∣tinuance of Plee is, that the instance is fallen, and may not be taken up again, but by a new Writ to begin the Sute a fresh. For to be dis∣continued, & to be put without day, is all one; and nothing else, but finally to be dismissed the Court of that instance. West. parte 2. Symbol. tit. Fines. sect. 115. So Crompton in his divers Ju∣risdictions, fol. 131. useth it in these words: If a Justice seat be discontinued by the not com∣ing of the Justices, the King may renew the same by his Writ, &c. In this signification, Fitzherb. in his nat. br. useth the word divers times: as discontinuance of Corody fol. 193. A. To discontinue the right of his wise, fol. 191. L. & 193. L. Discontinuance of an assise, fol. 182. D. 187. B.

Disgrading (Degradatis) is the punishment of a Clerk that being delivered to his Ordina∣ty, cannot purge himself of the offence, where∣of he was convicted by the Jury•• and is no∣thing but the privation of him from those or∣ders of Clerkship that he had, as Priesthood, Deaconship, &c. Sl••••f. 〈…〉〈…〉 & 138. There is likewise ••isgrading of a Knight, Stowes Annals pag. 855. And it is not to be omitted, that by the Canon Law, there be two forte of disgrading: one summary by word onely, and another solemn by devesting the party degra∣ded of those Ornaments and Rites; which be the ensighes of his Order or Degree.

Dismes (Decimes) is made of the French (Decimes) and signifieth Tithe or the tenth part of all the fruits, either of the earth, or beasts, or our labour, due unto God, and so conse∣quently to him that is of the Lords lot, and had his share: viz. our Pastour. It signifieth also the Tenths also of all spititual livings, yearly given to the Prince (called a perpetuar Dismo. anno 2. & 3. Edwar. 6. cap. 35.) which in an∣cient times, were paid to the Pope, until Pope Urbane gave them to Richard the second, to aid him against Charles the French King, and those other that upheld Clement the seventh against him. Polidor. V••igil. Angl. hist. lib. 20. Lastly it signifieth a tribute levied of the Temporality. Holinshed in Henry 2. fol. 111.

Dispatigemet, Disparagatio, is by out Common Lawyers, used especially for marching an heir in marriage under his or her degree, or against decencie. See my Institues, 〈◊〉〈◊〉 de ••inpliis. § 6.

Disseisin (Cisseisinae) cometh of the French (Disseisir) and signifieth in the Common law, an unlawful dispossessing of a man of his Land, Tenement or other immoveable or incorpore∣al right, Institut. of the Com. Law, cap. 15. And how far this extendeth, See Bracton, libro quarto, cap. tertio. And therefore the Assises be called Writs of Disseisin, that lye against Disseisonrs in any case. Wherof some be termy little VVrits of disseisin, being vidontiel, that is, sneable before the Sheriff in the County-court, Old nat. br. fol. 109. because they are de∣termined by the Snyreeve without assise, Re∣gister Original. fol. 198. b. as for Nuissanses of no great projudice. Disseisin is of two sorts; ei∣ther simple Disseisin; committed by day with∣out force and arm. Kracton, lib. 4. cap. 4. Bri∣con, cap. 42. & 43. & 44. where you shall find in what especially it is lawful, in what not, Britton cap. 53. And by Disseisin by force, for the which see Desersour. See Fresh disseisin. See Redisseisin, and Post disseisin. See Skine de verbo signifit. verbo disseisina. Disseisin how many wayes it is commited, See Fleta, l. 4. c. 1.

〈…〉〈…〉 and when it is lawful, cap. 2. ••n Distresse (districtio, districtus) cometh of the Enench 〈…〉〈…〉 It signifieth•• most commonly in the Common, law•• a compulsion in 〈◊〉〈◊〉 and ons, whereby to bring ••min to appear in Court, or to pay debt or dutie de ••ied. The effect where of most commonly is to divel the party distreined to reple vie the distresse, and, so to take his action of trespasse against the Distreiner, or else 10 compound neighbourly with him for the debt or duty for the which he dissreineth, In what cases a Di∣stresse by law ful••ste The new Terms of Law, The Civilians calbi•• (Riguorum ••••••••ionem.) Brissonius 〈…〉〈…〉 lib. 14. This compulsion is by Brittons cap. 71. divided into a distreste per) 〈◊〉〈◊〉 and Distresse real Distresse persona•• is made by surprising a mans moveable goods and detaining them for the security of his appearance to the - sure •• - and to make hin Plaintiff. A Distresse real is made upon immo veable goods, as the Grand Cape; & pe••it Cape And thus it is interpreted by Hotomon de verb foudal. verbo districtus. This differeth from an Attachment in this point (among others that •• Distresse cannot be taken by any common person, without the compasse of his own Fee E••zh••vat, br. fol. 904. except it be presently af∣ter the cattel or other thing, is driven or bor•• out of the ground by him that perceiveth it to be in danger to be distreined. New terms of the Law, verbo distresse.

District us 〈◊〉〈◊〉 is sometime used for the circuit or territory within the which, a man may be thus compelled to appearance. Ca. ne Romani. de electione tu Clem. and Casson, de consuetud. Burgund, pa. 90. Britton, cap. 120. and so like∣wise in Districtio in the Register original, fol. 6. b. And so, it seemeth to be used in Pupilla oculi, par. 5. cap. 22. Charta de foresta. See also Alynsing, in the Chapter licet causam 9. extra de probationibus, num. 5. and Zasius in his, 16. councel. num. 47. Distresse, in the former sig∣nification, is divided first into finite and infi∣nite. Fining is that which is limited by Law, how often, it shall be made to bring the party to trial of the action, as once, twice; Old nat br. fol. 43. Distresse infinite is without limi∣tation until the party come: as against a Jury that refuseth to appear super certificatione Assi∣sa, the Processe is a (venire facias) (hebeas corpo∣ra) and distresse infinite, Old nat. br. fol. 113. Then it is divided into a grand distresse, anno 52 H. 3. cap. 7 which Fitzherbert calleth in La∣tine magnam districtiorem, nat. br. fol. 126. A. and an ordinary distresse. A grand distresse is that, which is made of all the goods and chat∣tels that the party hath within the County, Britton, cap. 26. fol. 52. But see, whether it be sometime not all one with a distresse infinite, Ide•• fol. 80. with whom also the Statute of Marlebridge seemeth to agree, anno 52 H. 3. cap. 7. & cap. 9. & cap. 12. See Old nat. br. fol. 71. b. See grand distresse, what things be distreinable, and for what causes. See the New Terms of Law, ve••bo Distresse. Of this also see more in Attachement.

Distring as, is a Writ directed to the Sheriff, or any other Officer, commanding him to di∣strain one for a debt to the King &c. or for his appearance at a day. See great diversity of this Writ in the Table of the Register, judicial, verbo distrirgas.

Divise. See D••vise.

Dividends in the Exchequer seemeth to be one part of an Indenture anno 10 Ed. 1. cap. 11. & anno. 28. ejusdem, Stat. 3. cap. 2.

Divorce. See Devorce.

DO

Docket, is a Brief in writing, anno 2. & 3. Ph. & Mar. cap. 6. West. writeth it (Dogget), by whom it seemeth to be some small piece of pa∣per and parchment containing the effect of a larger writing, Symbol. par. 2. tit. Fives. Sect. 106.

Doctor and Student is a Book containing cer∣tain Dialogues between a D. of Divinity, and a Student at the Common law, wherein are contained questions and cases, as well of the equity and conscience used in the Common law as also a Comparison of the Civil, Canon, and Common Law together, very worthy the reading. The Author is said by D. Cosin in his Apologie, ••o be a Gentleman, called Saint Ger∣man. The Book was written in the dayes of H. 8.

To do law, (facere legem) is as much as to make law, anno 23 H. 6. cap. 14. See Make.

Dog draw, is a manifest deprehension of an offender against venison in the Forest. There be four of these noted by M. Manwood, parte 2. of his Forest Laws, cap. 18. num. 9. viz. Stable∣stand, Dog-draw, Back-bear, and Bloody-hand. Dog-draw, is when one is found drawing after a Deer by the sent of a Hound, that he leadeth in his hand.

Dogger, a kind of Ship, an. 31. Ed. 3. stat. 3. cap. pri.

Dogger-fish, ibid. c. 2. seemeth to be Fish brought in those Shins to Blackney-haven, &c. Dogger men, an. 2 H. 8. cap. 4.

Dogget. See Docket.

Domo reparanda, is a Writ that lyeth for one against his neighbour, by the fall of whose house he feareth hurt toward his own house, Reg orig. fol. 153. for this point, The Civilians have the action de damno infacto.

Dole fish, seemeth to be that Fish, which the Fishermen yearly imployed in the North Seas

do of custome receive for their allowance. See the statute, an. 35 H. 8. cap. 7.

Donative, is a Benefice meerly given and collated by the Patron to a man, without ei∣ther presentation to the Ordinarie, or Institu∣tion by the Ordinarie, or Induction by his commandement, Fitzh. nat. br. fol. 35. E. See the stature, anno 8 R. 2. cap. 4. Of this Petr. Gregor. de beneficits, cap. 11. num. 10. hath these words: Sitamen Capellaniae fundat••e per Laicos non fue∣rint à Diocesano approbatae et ut (loquuntur) spiri∣tualiz atae, non censentur beneficia, nec ab Episcopo conferri possunt, sed sunt sub pia dispositione funda∣toris. Joh. Fab. ad § Nullius. De rerum diuis: Iden fundatores et baeredes corum, possunt tales Capella∣nias donare sine Episcopo, cui voluerint, tanquam profana beneficin. Guido Papaeus descis. 187. See also Gregorius, lib. 15. cap. 29. sui syntagmatis, num. 11. I sinde in the Preface of M. Gwins readings, that as the King might of ancient times found a free Chapel, and exempt it from the jurisdiction of the Diocesan: so he might also by his Letters Patents license a common person, to found such a Chapel, and to ordain, that it shall be Donative and not presentable, and that the Chaplain shall be depriveable by the Founder and his Heirs, and not by the Bishop. And this is likest to be the original of these Donatives in England. Fitzh. saith, that there be certain Chauntries, which a man may give by his Letters Patents, nat. br. fol. 33. C. See him also, fol. 42. B. All Bishopricks were Do∣native by the King. Coke lib. 3. fol. 75. b.

Dooms day (Rotulus Wintoniae) (domus D i, Coke in praefatione ad librum saum) is a Book that was made in King Ed. the Confe••ors dates, as the Author of the Old nat. br. faith f. 15. containing in it not 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 words (verbo, jus Daco∣rum, &c.) proveth out of Gervasius Tilburien∣sis, that this Book was made in William the Conquerours time: with whom agreeth M. Cambden in his Bretan. pag. 94. pro••ing it out of Ingulphus, that flourished the same time. And for the better commendation of the Book, it is not amiste to set down the words of Ingulphus, touching the contents thereof. Totam terram descripsit. Nec er at hyda in tota Anglia. quin valo∣rem ejus & possessorem scivit, nec lacus nec locus aliquis, q••sin in Regis rotulo extitit descriptus, ac ejus reditus & proventus, ipsa possessio, & ejus pos∣sessor, regiae rotitiae manifestatus, juxta taxatorum fidem qui elect•• de qualibet patria territorium oroprium deseribebant. Ifte rotulus vocatns est Rotulus Wintoniae, & ab Anglis pro sua generali∣tate, quòd omnia tenementa totius terrae continuit (Domesday cognominatur. So it is called in the statute, anno pri. Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regis ratione, which seemeth to be taken out of the Book called. (Liber Ru∣beus) in the Exchequer, It is termed (Liber Ju∣dicatorius) and the reason why, quia in co to∣tius Regni descriptio diligens continetu••: & tam de tempore Regis Edwardi, quàm de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr. mitur.

Dorture (dormitorium) anno 25 H. 8. cap. 11. is the common room, place or chamber, where all the Friers of one Covent slept, and lay all night.

Dote assignanda, is a Writ that lieth for a Widow, where it is found by office, that the Kings Tenent was feised of Tenements in Fee. or Fee-tail, at the day of his death, &c. and that he holdeth of the King in chief, &c. For in this case the Widow cometh into the Chan∣cery, and there maketh oath, that she will not marry without the Kings leave, anno 15 Ed. 3. cap. 4. and hereupon he shall have this Writ to the Escheatour; for which, see the Register Original fol. 297. and Fitzherb. nat. br. fol. 263. And this sort of Widowes is called the Kings Widow. See Widow.

Dote unde nihil habet, is a Writ of Dower, that lieth for the Widow against the Tenent, which hath bought Land of her Husband in his life time, whereof he was feised solely in Fee sim∣ple or Fee tail in such sort as the issne of them both might have inherited it. Fitzh. nat. br. fol. 147. Regist. fol. 170.

Dotts admensuratione. See Admensurement. See the Reg. orig. fol. 171.

Dotkins, a kind of Coin pl. cor. fol. 37. I••seem∣eth to come of the Dutch word, 'Duytkin, that is, the eighth part of a Stufer or French Shil∣ling, which in Latine is called Solidus Galli∣cus.

Doubles, anno 14 H. 6. cap. 6. fignifie as much as Letters Patents, being as it seemeth a French word made of the Latine (diplo∣ma.)

Double plee (duplex placitum) is that, wherein the Defendant allegeth for himself two seve∣ral matters, in barre of the action, where of ei∣ther is sufficient to effect his desire in debar∣ring the Plaintiff. And this is nor to be admit∣ted in the Common law: wherefore it is well to be observed, when a P••ee is double, and when it is not. For if a man allege several matters, the one nothing depending of the other, the Piea is accounted double. If they be mutually depending one of the other, then is it accounted but single. Kitchin, fol.

223. See Brook hoc titule. But why this double∣nesse (for so Kitchin calleth it. fol. 234.) should be debarred, I see no reason (under correction all things being spoken.) For a man may have two good defences: and happily in the issue he shall contrarily to his hope fail in proving the one, and yet be able to carry the cause by the other. And therefore not onely the Civili∣ans, but Bracton also saith: Pluribus exceptionibus uti nemo prohibetur. libr. 5 aract. 5. cap. 5. num. 4. whom also read, libro 4. cap. 17. And Sir Tho∣mas Smiths reason of this scantly satisfieth me, alleging this to be the course of our proceed∣ing, because the trial is by twelve rude men, whose heads are not to be troubled with over many things at once, lib. 2. de Repub. Anglor. cap. 13.

Double quarrel (duplex querela) is a complaint made by any Clerk or other unto the Arch∣bishop of the Province, against an inferiour Or∣dinary for delaying of Justice in some cause Ec∣clesiastical: as to give sentence or to Institute a Clerk presented, or such like. The effect whereof, is that the said Arch-bishop taking knowledge of such delay, directeth his Letters under his authentical Seal, to all singular Clerks of his Province, thereby commanding and authorizing them and every of them, to admonish the said Ordinatie, within a certain number of dayes, namely 9 dayes, to do the Ju∣stice required, or otherwise to cite him to ap∣pear before him or his Official, at a day in the said Letters prefixed, and there to allege the cause of his delay. And lastly, to intimate to the said Ordinary, that if he neither perform the thing enjoyned, nor appear at the day assig∣ned, he himself will, without farther delay, pro∣ceed to perform the Justice required. And this seemeth to be tearmed a double quarrel, be∣cause it is most commonly made against both the Judge and him at whose Petition Justice is delayed.

Dower (dos) cometh of the French (dovaire) and signifieth in our Common law, two things: first, that which the VVife bringeth to her Hus∣band in marriage, otherwise called (maritagi∣um) marriage good: next, and more common∣ly, that which she hath of her Husband, after the marriage determined, if she out-live him. Glanvile lib. 7. cap. 1. Bracton, lib. 2. cap. 38. Britton. cap. 101. in princ. And in Scotland, (dos) signifieth just as much. Skene de verb. signif. ver∣bo Dos. The former is in French called (dot) the other dovayre & by them latined doarium. I like wise once thought it not unreasonable, to call the former a Dowrie, and the other a Dower: but I finde them confounded. For example: Smith de rep. Anglo. pa. 105. calleth the latter a dowry, and dower is sometime used for the for∣mer: as in Britton ubi supra. Yet were it not in∣convenient to distinguish them being so divers. The Civilians cal the former (dotem) & the latter (donationem propter nuptias.) Of the former, the Common law-books speak very little. This onely is to be noted, that whereas by the Civil Law, instruments are made before marriage, which contain the quantity of the wives dow∣rie, or substance brought to her husband, that he having the use of it, during marriage, may, after certain deductions, restore it again to his Wives Heirs or Friends, after the marriage dis∣solved: the Common law of England, what∣soever chattels, moveable or immoveable, or ready money she bringeth, doth make them forthwith her Husbands own, to be disposed of, as he will, leaving her at his courtesie, to be∣stow 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. One∣ly if she be an inheretrice, her Husband holdeth the Land but during her life, except he have issue by her: but then he holdeth it by the courtesie of England during his own life. See Courtesie. And again, if he have any Land in Fee, whereof he was possessed during the mar∣riage, she is to have a third thereof during her life, though she bring nothing to him, except she do by fine release her right, during the marriage. So that here is no great matter to be spoken of, but touching dower in the latter sig∣nification. You must know therefore, that upon speech of marriage between two, the Parents of both sides are commonly more careful in providing each for his child, than the parties themselves: And that by their means there be divers bargains made, sometime for the conveiance of Lands, &c. to them and their issue: And this is said to be given in Frank ma∣riage: sometime to her, during her life and that before, or at the marriage: If before marriage, then it is called a Joynture. For a Joynture is a Covenant, whereby the Husband, or some for him, is tyed (ratione juncturae) in consideration of the marriage, that the wife surviving him, shall have during her life, this or that Tene∣ment or Lands, or thus much Rent, yeerly pay∣able out of such Land, &c. with clause of distresse: and this may be more or lesse, as they do accord, Britton, cap. 110. whom read also, cap. 102, 103, 104. for conventio vincit legem. Bracton, lib. 5. tractat. 4. cap. 9. The diversity of these Joyntures, you may see in West. parte prima symbol. l. 2. sect. 128, 129, 130, 131, 132, 133. But if none of these former bargains passe before marriage, then must the Wife stick to her Dower: and that is sometime given at

the Church door, or the Chapel door, if the marriage be by License, but not the Chamber door; and may be what the Husband will, so it exceed not a third part of this Lands, Glan∣vile, lib. 6. cap. pri. Or the half, as some say, Fitz. nat. br. fol. 150. N.P. And this Dower is either certainly set down and named, or not named, but onely in generality, as the law re∣quireth: if it be not named, then it is by law, the third part, and called (dos legitima) Bracton, lib. 4. tract. 6. cap. 6. num. 6. & 10. Magna Charta, c. 7. or the half, by the custome of some Coun∣tries, as in Gavelkind, Fitzh. nat. br. fol. 150. O. And though it be named, it seemeth that it can∣not be above half the lands of the Husband, Fitzh. nat. br. fol. 150. P. And the Woman that will challenge this Dower, must make 3 things good, viz. that she was married to her Hus∣band, that he was in his life time seised of the Land whereof she demandeth Dower, and that he is dead, Cokes reports, lib. 2. Binghames case, fol. 93. a. Of these things see Glanvile l. 6. c. 1, 2, & 3. Bract. l. 2. c. 38, 39, & l. 4. tract. 6. cap. 1. & 6. and Britton cap. 101, 102, 103, 104. and Fitzherb. nat. br. fol. 147, 148, 149, & 150. And this custumary Dower, seemeth to be ob∣served in other nations, as well as in ours. Ho∣toman verbo Dotalitium in verbis feudal. Cassan. de consuetud. Burg. pag. 580. 676. 677. & de conventional. pa. 720. And to these joyn the grand Custumarie of Normandy. cap. 102. where you shall perceive, that in a manner all our law in this point is taken from the Normans. See Endowment. Of Dower read Fleta likewise, who writeth largely thereof, and hath many things worth the learning, lib. 5. cap. 23. & seq.

Dozenno. See Decennitr.

DR

Drags, anno 6 H. 6. cap. 5. seem to be wood or timber so joyned together, as swimming or floting upon the water, they may bear a bur∣den or load of other wares down the River.

Draw latches, anno 5 Edw. 3. cap. 14. & anno 7. Rich. 2. cap. 5. Master Lamberd, in his Eire∣narch. lib. 2. cap. 6. calleth them Miching thieves, as Wasters and Roberdjemen mighty thieves, saying, that the words be grown out of use.

Dreit Dreit, signifieth a double right, that is jus possessionis, & jus Domini. Bracton, lib. 4. cap. 27. & lib. 4. tract. 4. cap. 4. & lib. 5. tract. 3. cap. 5.

Dry exchange, anno 3 H. 7. cap. 5. (Cambium siccum) seemeth to be a cleanly tearm invehred for the disguising of foul usury, in the which something is pretended to passe of both sides, wheras in truth nothing passeth but on the one fide: in which respect it may well be called dry. Of this Ludovicus Lopes tracbat. de con∣tract: & negotiatio. lib. 2. cap. pri. § Deinde post∣quam, writeth thus, Cambium est reale vel siccn̄. Cambium reale dicitur, quod consistentiam veri Cambit realem habet, et Cambium per or ans, et Cambium minutum. Cambium autem siccum est Cambium non habens existentiam Cambii, sed ap∣parentiam ad instar arboris exsiccatae, quae humorae vitali jam carens, appaerentiam arboris habet non existentiam. Summa Syl. Verbo Usura, quaest. 6. Est ergo Cambium siccum uxta hanc acceptionem (in quà etiam accipitur in extrav. Pii quinti) idem quod Cambium fictum. Non autem habet propri∣am naturam Cambii, sed mutui et usurae. At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam, Cambium siccum in alia acceptione minus communi summum est ••ambium, in quo Campsor prius dat quam accipiat. Dicitur autem isto modo ficcum, quia sine praevia acceptione dat Campsor. Quod tamen, ut sic ac∣ceptum (autore Sylvestro) licitè celebratur aliquan∣do. Quiatun•• verum et reale Cambium est dif∣fe ens genere ab eo Cambio, in quo Campsor prius recipit. Quiae in isto Campsor semper primò dat et de••nde accipit.

Drift of the Forest, seemeth to be nothing but an exact view or examination, what cattel are in the Forest: that it may be known whether it be overcharged or not, and whose the beasts be. This drist, when, how often in the year, by whom, and in what manner it is to be made, See Manwood, parte 2, of his Forest Laws, cap. 15.

Drait d' Advorizen. See Recto de advocatione Ecclesiae.

Droit. close. See Recto clausum.

Droit de dower. See Recto dotis.

Droit: sur disclaimer. See Recto sur dis∣elaimer.

Droit patens. See Recto patens.

DU

Duces tecum, is a Writ commanding one to appear at a day in the Chancery, and to bring with him some piece of evidence, or other thing, that the Court would view. See the new book of Entries, verbo Duces tecum.

Duke (Dux) commeth of the French word (Duc.) In signifieth in ancient times among the Romans, (Ductorent exercitus) such as led their armies, who if by their prowesse they obtain∣ed any famous victory, they were by their Souldiers saluted (Imperatores) as Hotoman, verbo Dux, de verbis feudal. proveth out of Livy, Tully, and others. Sithence that they were cal∣led duces, to whom the King or people com∣mitted the custody or regiment of any Pro∣vince. Idem, cod. And this seemeth to proceed from the Lombards or Germans, Sigon. de reg' no Ital. l. 4. In some Nations this day the Soveroigns of the Countrey are called by this

〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

name, as Duke of Russia, Duke of Sweden. Here in England Duke is the next in secular dignity to the Prince of Wales. And (as M. Cambden saith) heretofore in the Saxons times, they were called Dukes, without any addition, being but meer officers and leaders of Armies. Af∣ter the Conquerour came in, there were none of this title until Edward the thirds dayes, who made Edward his son Duke of Cornwal. After that there were more made, and in such sort, that their titles descended by inheritance unto their posterity. They were created with solemnity, (per cincturam gladii, cappaeque & cir∣culi aurei in capite impositionem, vide Camd. Britann. pag. 166. Zazium, de feudis parte 4. num. 7. et Cassan. de consuetud. Burg. pag. 6. et 10. and Ferns glory of generosity, pag. 139.

Dutchy court, is a Court, wherein all matters appertaining to the Dutchy of Lancaster, are decided by the decree of the Chancellour of that Court. And the original of it was in Hen∣ly the fourths dayes, who obtaining the Crown by deposing Richard the second, and having the Dutchy of Lancaster by descent in the right of his mother, he was seised thereof as King, and not as Duke. So that all the liberties, franchises, and Jurisdictions of the said Dutchie passed from the King by his grand Seal, and not by Li∣very or Attournment: as the possessions of E∣ver wick, and of the Earldom of March, and such others did, which had descended to the King by other Ancestors than the Kings, but at last, Henry the fourth, by authority of Parlament passed a Charter, whereby the possessions, liberties, &c. of the said Dutchy were se∣vered from the Crown: Yet Henry the seventh reduced it to his former nature, as it was in Henry the fifts dayes. Cromp∣tons Jurisd. fol. 136. The officers belonging to this Court, are the Chancelour, the Atturney, Recelver general, Clerk of the Court, the Mes∣senger. Beside these there be certain Assistants of this Court: as one Atturney in the Exche∣quer, one Atturney of the Dutchy in the Chan∣cery, four Learned men in the Law, retained of Councel with the King in the said Court. Of this Court, M. Gwin•• in the Preface to his Readings thus speaketh. The Court of the Dutchy (or County Palatine of Lancaster) grew out of the grant of King Edward the third, who first gave the Dutchy to his Son John of Gaunt, and endowed it with such Royal right, as the County Palatine of Chester had: And for as much, as it was afterward extinct in the person of King Henry the fourth, by reason of the union of it with the Crown, the same King suspecting himself to be more rightfully Duke of Lancaster, than King of England, deter∣mined to save his right in the Dutchy what∣soever should befall of the Kingdome: and therefore he separated the Dutchy from the Crown, and setled it so in the natural persons of himself and his Heirs, as if he had been no King or Politick body at all: In which plight is continued, during the reign of King Henry the fifth, and Henry the sixth that were descended of him. But when King Edward the fourth had by recovery of the Crown) recontinued the right of the house of York, he seared not to ap∣propriate that Dutchy to the Crown again: and yet so, that he suffered the Court and Officers to remain as he found them. And in this manner, it came together with the Crown, to King Henry the seventh, who liking well of that Policy of King Henry the fourth (by whose right also he obtained the Kingdom) made like separation of the Dutchy, as he had done, and so left it to his posterity, which do yet injoy it.

Dum fuit infra aetatem, is a Writ which lieth for him, that before he came to his full age, made a Feofment of his Land in Fee, or for term of life, or in tail, to recover them again from him, to whom he conveyed them, Fitz. nat. br. fol. 192.

Dum non fuit compos mentis, is a VVrit that lyeth for him, that being not of sound memory, did alien any Lands or Tenements in Fee∣simple, Fee-tail, for term of life, or of years, against the alience. Fitzherb. nat. br. fol. 202.

Duplicat, is used by Crompton, for a second Letters Patent, granted by the Lord Chancel∣lour, in a case, wherein he had formerly done the same: and was therefore thought void. Cromptons Jurisd. fol. 215.

Dures (Duritia) cometh of the French (dur, i. durus, veldurete, 1. duritas) and is in our Com∣mon law, a Plee used in way of exception, by him that being cast in prison at a mans sute, or otherwise by beating, or threats hardly used, sealeth any Bond unto him during his restraint. For the Law holdeth this not good: but rather supposeth it to be constrained. Broke in his A∣bridgement joyneth Dures and Manasse toge∣ther, i. duritiam & minas, hardness and threat∣ning. See the new Book of Entries, verbo Dures. And the New Terms of Law.

EA

EAldermans (Aldermannus) among the Sa∣xons, was as much as Earl among the Danes. Cambden, Britan. pag. 107. If ye go to the true etymologie of the word, me thinkoth it should sound more generally, so much as 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 with the Graecians, or Senator with the Ro∣mans:

who were rather Counsellors at large, than bestowed upon any particular office, as Comites were. See Coun. ie. And that significa∣tion we retain at this day almost in all our Ci∣ties, and Boroughs, calling those Aldermen, that are Associates to the Chief Officer in the common Councel of the Town, anno 24 H. 8. cap. 13. or sometime the chief Officer him∣self, as in Stawnford.

Earl (Comes) in M. Cambdens opinion, pag. 107. is a word made by the Danes of (Eal∣derman) a word of the Saxons. M. Lamberd seemeth notwithstanding to acknowledge, that Earl is originally a Saxon word, Explica. of Sa∣xon words, verbo Paganus: and interpreteth it (Satrapam) which word the Romans borrow∣ing of the Persians, applyed to those that were praefecti provinciarum. M. Verstegan in his resti∣tution of decayed Intelligence, deriveth it from two Netherland words (ear, i. honor) and (ethel, i. nobilis) wherein I leave the Reader to his own iudgement. This title in ancient time, was given to those that were Associates to the King in his Counsels and Marshal actions, (as Comes was to those that followed the Magi∣strates in Rome, and executed their offices for them as their Deputies, and died alwayes with the man) Zasius hath of this word thus much: Comitum originem in Doctoribus non invenimus; sed noveris eam dignitatem vetustissimam esse. Nam Cor. Tacitus in libello de Germania scribit apud priscos usu fuisse receptum, ut cuilibet Prin∣cipi seu Duci exercitus duodecim comites assigna∣rentur: ideo dictos, quia comitarentur eos, & à Du∣cum latere non decederent. Comitatum it aque originem Germanis moribus or tum esse dictus re∣ceptissimus autor testis est. Quapropter quod in duodecimo libro codicis aliqui tituli de Comitibus largitionum, &c. inscribuntur, usurpationem Im∣peratoris ex Germanorum ritibus sumptum credo. But the Conqueror (as M. Cambden saith) gave this dignity in Fee to his Nobles, annex∣ing it to this or that County or Province, and allotted them for their maintenance a certain proportion of money rising from the Princes profits, for the pleadings and forfeitures of the Province. For example, he bringeth an ancient Record in these words: Henricus 2. Rex An∣gliae his verbis Comitem creavit: Sciatis nos fecisse Hugonet Bigot Comitem de Nortfolk. sc. de tertio denario de Norwic. & Nortfolk, sicut aliquis Comes Angliae libertus com••tatum suum tenet. Which words (saith the same Author) an old book of Battel Abbey thus expoundeth: Consuetudinali∣ter per totam Angliam mos antiquitùs inoleverat, Comites provinciarum tertium denarium sibi ob∣tinere, inde Comites dicti. And another book without name more fully. Comitatus à Comite dicitu••, aut vice versa. Comes autem est, quia terti∣am portionem corum, quae de placitis proveniunt, in quolib••t Comitatu percipit•• Sed non omnes Comites ista percipiunt: sed bit quibus Rex baereditariò aut personaliter concessit. You may read M. Fern in Lacy's nobility, something to his effect, pag. 12. But he saith, that one Duke or Earl had divers Shires under his government, as a Viceroy, and had Lieurenants under him in every particular Shire called a Sheriff. That one Earl was dignified by the appellation, of more than one Sheriff, it appeareth by divers of our ancient Statutes, as namely by the sentence of Excommunication, pronounced by the Bishops, against the infringers of the great Charter, and Charter of the Forest, anno 38 H. 3. Roger Bigot is named Earl both of Northfolk and Southfolk, and anno 1 Ed. 3. Thomas Earl of Lancaster and Leycester. Humfrey Bohun, Earl of Hereford and Essex. Dyer, fol. 285. num. 39. At these dayes, as long since, the Kings of England make Eearls by their Charters, of this or that County, giving them no authority over the County, nor any part of the profit rising of it, but onely some annual stipend out of the Exchequer, rather for honours sake, than any great commodity. And these be in other Nations accounted Earles improperly, Quià illi dicuntur verè Co∣mites, quibus datur Comitatus in feudum: illi Co∣mites abusivè, qui non habent administrationem. Vincentius de Franchis, descis 115. num. 7. The manner of creating Earles is by girding them with a Sword. Camden, pag. 107. but see the solemnity thereof described more at large in Stowes annals, pag. 1121. The occasion why these Earles in latter times have had no sway over the County, wherof they bear their name, is not obscurely signified in Sir Tho. Smith, l. 2. cap. 14. where he saith, that the Sheriff is cal∣led Vicecomes as (Vicarius Comi••is) following all matters of Justice, as the Earl should do: and that because the Earl is most continually at∣tendant upon the King, in his wars or other∣wise. So that it seemeth that Earls by reason of their high employments, being not able to follow also the businesse of the County, were delivered of all that burthen, and onely enjoyed the honour, as now they do. And the Sheriff though he be still called Vice-comes, yet all he doth, is immediatly under the King, and not under the Earl. See Countie, and see Hotoman. de verb. feudal. verb. Comes: and Cassan. de consuetud. Burg. pag. 12.

Easement, (esamentum is a service that one Neighbour hath of another by Charter or pre∣scription without profit, as a way through his ground, a sink, or such like. Kitchin fol. 105. which in the Civil law is called Servitus prae∣dii.

EE

Eele fares, alias Eele Vare, anno 25 H. 8. be the frie or brood of Eeles.

EG

Egyptians, (Aegyptiani) are in our Statutes and Laws of England, a conterfeit kind of Rogues, that being English or Welsh people, accompa∣ny themselves together, disguising themselves instrange robes, blacking their faces and bo∣dies, and framing to themselves an unknown Language, wander up and down, and under pretence of telling of Fortunes, curing diseases, and such like, abuse the ignorant common people, by stealing all that is not too hot or too heavie for their carriage. anno 1. & 2 Philip. & Mar. cap. 4. anno 5 Eli. cap. 20. These are very like to those whom the Italians call Cingari: of whom Franciscus Leo in suo thesauro fori Ecclesiastici parte prim. cap. 13. thus writeth: Cingari, qui corrupto vocabulo, quandoque etiam Saraceni nominantur, & permissione principum ac aliorum dominorum, per Italium vagantur, nec unquam viderum partes infidelium, minusque, le∣gem Mahometi noverunt: sed sunt ferè omnes Itali, & male habituati, ex rebus furtivis vivunt, ac fraudulent is earum permutationibus & ludis, in quibus ut plurimum fraudes committunt, & sunt baptizati.

EI

Ejectione custodiae, Ejectment de gard, is a Writ which lyeth properly against him, that casteth our the Gardian from any land, during the minority of the Heir. Regist. orig. fol. 162. Fizth. nat. br. fol. 139. Terms of the Law, verbo Gard. There be two other writs not unlike this: the one is termed Droit de gard, or right of guard, the other Ravishment de guard. Which see in their places.

Ejectione firmae, is a Writ which lyeth for the Lessee for term of years, that is cast out be∣fore the expiration of his term, either by the leassour or a stranger. Regist. fol. 227. Fitzh. nat. br. fol. 220. See Quare ejecit infra terminum. See the new book of Entries, verbo Ejectione fir∣mo.

Einecia, is borrowed of the French, (Aisne, i. primogenitus) and signifieth in our Common law, Eldership. Statute of Ireland, anno 14 Hen. 3. Of this see M. Skene de verb. signif. verbo. Eneya.

Eire, alias, Eyre, (Iter. Bract. lib. 3. c. 11. in Rubrica) cometh of the old French word (Erre, i. iter) as (à grand erre, i. magnis ••ineri∣bus.) It signifieth in Britton, cap. 2. the Court of Justices Itinerants: and Justices in Eyre, are those onely, which Bracton in many places cal∣leth (Justiciarios itinerantes) of the Eyre, read Britton ubi supra, who expresseth the whole course of it. And Bracton lib. 3. tractat. 2. cap. 1. & 2. The Eyre also of the Forrest is nothing, but the Justice Seat, otherwise called: which is or should by ancient custome, he held every three year by the Justices of the Forrest, journying up and down to that purpose. Cromp∣tons Jurisd. fol. 156. Manwood parte prima of of his Forrest laws, pag. 121. See Justice in Eyr. Read Ske••e de verborum significa. verbo Iter: whereby, as by many other places, you may see great affinity between these two King∣domes in the administration of Justice and Government.

EL

Election de Clerk (Electione clerici) is a Writ, that lyeth for the choice of a Clerk, assigned to take and make bonds called statute Merchant: and is granted out of the Chancery: upon sug∣gestion made, that the Clerk formerly assigned, is gone to dwell in another place, or hath hinderance to let him from following that bu∣sinesse, or hath not land sufficient to answer his transgression, if he should deal amisse, &c. Fitzh. na. br. fol. 164.

Elegit, is a Writ judicial, and lyeth for him that hath recovered debt, or dammages in the Kings Court, against one not able in his goods to satisfie: and directed to the Sheriff, commanding him that he make delivery of half the parties lands or tenements, and all his goods, Oxen and Beasts for the Plough excepted, Old nat. br. fol. 152. Regist. orig. fol. 299. & 301. and the table of the Register Judicial, which expresseth divers uses of this Writ. The author of the new Terms of Law saith, that this Writ should be sued within the year, whom read at large for the use of the same.

Elk, a kinde of Ewe to make Bowes of, anno 33 H. 8. cap. 9.

EM

Empanel (Impanellare, Ponere in assisis & Ju∣ratis cometh of the French (Panne, i. Pellis) or of (Panneau) which signifieth sometime as much as a Pane with us, as a Pane of glasse, or of a window. It signifieth the writing and entring the names of a Jury into a parchment Shedule or Roll or Paper, by the Sheriff, which he hath summoned to appear for the performance of such publike service, as Juries are imployed in. See Panel.

Emparlance, cometh of the French. (Parler) and signifieth in our Common law, a desire or petition in Court of a day to pause, what is best to do. The Civilians call it (petitionem in∣duciarum) Kitchin, fol. 200. interpreteth it in these words: If he imparl or pray continuance. For praying continuance is spoken interpreta∣tive in that place, as I take it. The same Author maketh mention of Emparlance general, fol. 201. and Emparlance special, fol. 200. Em∣parlance general seemeth to be that which is made onely in one word, and in general terms.

Emparlance special, where the party requireth a day to deliberate, adding also these words. Salvis omnibus advantagiis tam ad jurisdictionem Curia quàm ad breve & narrationem, or such like: Britton useth it for the conference of a Jury upon the cause committed unto them, cap. 53. See Imparlance.

Emprovement. See Improvement.

EN

Encheson, An. 50. Ed. 3. cap. 3. is a French word, signifying as much as occasion, cause, or reason wherefore any thing is done. See Skene de verbo. significat. verbo Enche∣son.

Encroachment or Accrochment, cometh of the French (Accrocher, i. apprehendere, inuncare, harpagare) and that cometh of (Crochure, i. aduncitas) or crochu, i. aduncus) Encrochment, in our Common law, signifieth an unlawful ga∣thering in upon another man. For example, if two mens grounds lying together, the one pres∣seth too far upon the other: or if a Tenant owe two shillings rent service to the Lord, and the Lord taketh three: So Hugh and Hugh Spencer encroched unto them royal power and authori∣ty, anno prim. Ed. 3. in prooem.

Enditement Indictamentum) cometh of the French (Enditer, i. deferre nomen alicujus, indi∣care) or from the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, because M. Lamberd will have it so. Eirenar. l.b. 4. cap. 5. pag. 468. It signifieth in our Common law, as much as (Accusatio) in the Civil Law, though it have not in all points the like effect. West. part. 2. symb. titulo, Inditements, defineth it thus: An Inditement is a Bill or Declaration made in form of Law (for the benefit of the Common-wealth) of an accusation for some of∣fence, either criminal or penal, exhibited unto Jurours, and by their Verdict found and pre∣sented to be true, before an Officer having power to punish the same offence. It is an accusation, because the Jury that inquireth of the offence, doth not receive it until the party that offereth the Bill, appear so farre in it, as to subscribe his name, and offereth his oath for the truth thereof. It differeth from an Accusa∣tion in this, that the preferrer of the Bill is no way tyed to the proof thereof upon any penal∣ty, if it be not pround, except there appear con∣spiracy. Wherefore, though moved by M. Wests authority, I call it an Accusation: yet I take it to be rather (Denunciatio) because it is office done by the great Enquest, rather that of a free intent to accuse. Of this you may read S. Tho. Smith de Repup. Anglor. lib. 2. cap. 19. and Stawnf. pl. cor. lib. 2. cap. 23, 24, 25, 26, &c. Usque 34. and M. Lamberds Eirenarcha, lib. 4. cap. 5. whence you may receive good satisfa∣ction in this matter.

Endowment, (dotatio) cometh of the French (Doüaire) and lignifieth the bestowing or assu∣ring of a Dower. See Dower. But it is some∣time used Metaphorically, for the setting forth or severing of a sufficient portion, for a Vicar toward his perpetual maintenance, when the Benefice is appropriate••. See Appropriation. And the Statute, An. 15. R. 2. c. 5.

Endowment de la plus belle parte is where a man dying seised of some lands, holding in Knights service, and other some in socage, the Widow is sped of her Dower, rather in the lands holding in soccage, than Knights ser∣vice. Of this read Litleton more at large, lib. 1. cap. 5.

Enfranchisement, cometh of the French (Franchise, i. libertas.) and is in a manner a French word of it self: it signifieth in our Common law, the incorporating of a man in any society, or body politick. For example, he that by Charter is made Denizen of England, is said to be infranchised; and so is he that is made a Citizen of London, or other City, or Bur∣gesse of any Town Corporate, because he is made partaker of those liberties that appertain to the Corporation, whereinto he is infran∣chised. So a villain is infranchised, when he is made free by his Lord, and made capable of the benefits belonging to the free-men.

Englecerie (Engleceria) is an old abstract word, signifying nothing else but to he an Eng∣lish-man. For example, if a man be privily slain or murdered, he was in old time accounted (Francigena) which word comprehendeth eve∣ry alien, until Englecerie was proved: that is, until it were made manifest, that he was an English-man. A man may marvel, what meaning there might be in this: but Bracton cleareth the doubt, who in his third book tract. 2. cap. 15. num. 3. telleth us, that when Canutus the Danish King, having setled his estate here in peace, did at the request of our Barons, dis∣burden the land of his army, wherein he ac∣counted his greatest safety: and conditioned with them, that his Countrey-men which re∣mained here, should continue in peace: and the more to secure that, that for every Francigena (under which word, (as is above said) he com∣prehended all outlandish men and women, and especially Danes) that was secretly murthered, there should be levied to his Treasurie 66 marks out of the village, where the murther was committed, or out of the Hundred, if the Village were not able to pay it: and further, that every man murthered, should be account∣ed Francigena, except Englecery were proved: which, how it was to be proved, look the se∣venth Number in the same Chapter. And see

also Horns mirrour of Justices, lib. 1. cap. del of∣fice del coroner, and Fleta lib. 1. cap. 30. This Engleceris, for the abuses and troubles that af∣terward were perceived to grow by it, was clean taken away, by a Statute made Anno 14. Edward. 3. capite quarto.

Enheritance. See Inheritance.

Enquest (Inquifitio) 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 Romans, nor French men ever had use of, that I can learn. And that is the Enquest of Jurors, or by Jurie, which is the most usual trial of all causes, both Civil and Criminal in our realm. For in causes Civil, after proof is made on either side, so much as each party thinketh good for himself, if the doubt be in the fact, it is referred to the discretion of twelve indifferent men, empaneled by the Sheriff for the purpose: and as they bring in their Verdict, so judgement passeth. For the Judge faith, the Jurie findeth the fact thus: then is the Law thus: and so we judge. For the Enquest in causes criminal, see Jurie; and see Sir Thomas Smith de Repub. Anglor. lib. 2. cap. 19. An Enquest is either of office, or at the mise of the party. Stawn. pl. cor. lib. cap. 12.

Entendment cometh of the French (entendi∣ment, i. intellectus, ingenium.) It signifieth in our Common law, so much as the true meaning or signification of a word or sentence. See of this Kitchin, fol. 224.

Entayl (feudum talliatum) cometh of the French (entaille, i. inscisus) and in our Common law, is a substantive abstract, signifying Fee∣tail, or Fee-intailed. Litleton in the second Chapter of his Book, draweth Fee-tail from the verb Talliare (which, whence it cometh, or whether it will, I know not) whereas in truth it must come from the French (taille, i. sectura,) or (tailler, i. scindere secare.) And the reason is manifest, because Fee-tail in the Law, is no∣thing but Fee abridged, scanted or currelled, (as you would say) or limited and tyed to cet∣tain conditions. Taille in France is metapho∣rically taken for a tribute or subsidie. v. Lupa∣num de Magistratibus Francorum. lib. 3. cap. Ta∣lea. See Fee. See Tail.

Enterpleder (Interplacitare) is compounded of two French words (entre, i. inter) and (pleder, i. disputare) and it signifieth in our Common law, as much as cognitio praejudicialis in the Ci∣vil Law: that is, the discussing of a point inci∣dently falling out, before the principal cause can take end. For example, two several persons, being found Heirs to Land, by two several of∣fices in one Countie, the King is brought in doubt to whether livery ought to be made: and therefore before Livery be made to either, they must enterplead; that is, formerly trie be∣tween themselves, who is the right Heir. Stawnf. praeroga. cap. 12. See more examples in Broke titulo Enterpleder.

Entire tenancie, is contrary to several Te∣nencie, signifying a sole possession in one man: whereas the other signifieth joynt or com∣mon in more. See Broke several Tenencie. See the new book of Entries, verbo Entier tenan∣cie.

Entry (Ingressus) cometh of the French (en∣tree, i. introitus, ingressus, aditus) and properly signifieth in our Common law, the taking possession of Lands or Tenements. See Plow∣den. Assise of fresh force in London, fol. 93. b. It is also used for a Writ of possession, for the which, see Ingressu. And read West also parte 2. Symbol: titulo Recoveries, Sect. 2. & 3. Who there sheweth for what things it lyeth, and for what things it lyeth not. Of this Britton in his 114. Chapter writeth to his effect. The Writs of entry savour much of the right of po∣verty. As for example, some be to recover cu∣stomes and services: in the which are con∣tained these two words (solet & debet) as the Writs Quo jure, Rationalibus divisis, rationabili est overio, with such like. And in this place of entrie there be three degrees: The first is, where a man demandeth Land or Tenements of his own seisin, after the Term is expired. The second is where one demandeth Lands or Te∣nements, let by another, after the Term expired. The third, where one demandeth Lands or Tenements of that Tenent, that had entry by one, to whom some Ancestor of the Plaintiff did let it for a Term now expired. According to which degrees, the Writs for more fit re∣medy are varied. And there is yet a fourth form, which is withour degrees, and in case of a more remote Seisin, whereunto the other three degrees do not extend. The Writ in the second degree is called a VVrit of entry in le per: and a VVrit in the third degree is cal∣led a VVrit of entry in le per & cui: and the fourth form without these degrees, is called a VVrit 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∣ceived out of the right case, so that one form be brought for another, it is abateable. The form of the first degree is such, Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille definet pro termino, qui est elapsus. The second is such: Praecipe Petro quod reddat Williel∣mo manerium, &c. in quod ille non habuit ingressum nisi per patrem aut matrem, avunculum, vel ami∣tam,

vel cognatum, avum vel proavum dicts Petri qui dictum manerium dimisit pro termino, qui est elapsus. The third form is such: Praecipe Johanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui tal••s pater vel ma∣ter, vel alius antecessor aut cognatus idem dimisit, cujus haeres est ipse Petrus, pro termino, qui est elap∣sus. And the form without the degrees is such: In quod non habuit ingressum, nisi post les∣sam, quam talis pater aut mater (sic ut supra) cu∣jus haeres ille est, inde fecit pro termino, qui est elapsus. And in those four degrees be com∣prehended all manner Writs of entry, which be without certainty and number. Thus farre Britton: by whom you may perceive, that those words (solet & debet) and also those other words (in le per) (in le per & cui) and (in le post) which we meet with many times in books shortly and obscurely mentioned, do signifie nothing else, but divers forms of this Writ, ap∣plyed to the case, whereupon it is brought, and each form taking his name from the said words contained in the Writ. And of this read Fitzh. in his nat. br. fol. 193. & 194. This VVrit of entry differeth from an Assise, because it lyeth for the most part against him, who entred lawfully, but holdeth against Law: whereas an Assise lyeth against him that unlawfully disseised: yet sometime a VVrit of entry lyeth upon an entrusion. Regist. orig. fol. 233. b. See the new book of Entries, verbo Entre brevis fol. 254. colum. 3. I read of a VVrit of entry in the nature of an Assise. Of this VVrit in all his degrees, read Fleta, lib. 5. cap. 34. & s••q.

Entrusion (Intrusio) in our Common law, signifieth a violent or unlawfull entrance into Lands or Tenements, being utterly void of a possessor, by him that hath no right, nor spark of right, unto them, Bracton, lib. 4. cap. 2. For example, if a man step in upon any Lands, the owner whereof lately dyed, and the right Heir neither by himself or others, as yet hath taken possession of them. VVhat the difference is between Abator and Intrudor, I do not well perceive, except an Abatour he be that step peth into land void by the death of a Tenent in Fee, and an Entrudor that doth the like into lands, &c. void by the death of the Tenent for Terms of life or yeers. See Fitzh. nat. br. fol. 203. F. The author of the new Terms of Law would have abatement Latined, (Interpo∣sitionem, aut intro tionem per interpositionem) and to be restrained to him that entreth before the Heir after the decease of a Tenent for life, though the new book of Entries, fol. 63. C. & 205. D. & 519. C. by his confession doth La∣tine (Abatement) by this word (Intrusionem.) See Abatement. See Disseisin. See Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor, which see in Fitzh••nat. br. fol. 203.

Entrusion de gard, is a Writ, that lyeth where the Infant within age entred into his his lands and holdeth his Lord ont: for in this case, the Lord shall not have the VVrit (De communi custodia) But this. Old nat. br. fol. 90.

Enure, signifieth to take place or effect, to be availeable. Example: A Release shall enure by way of extinguishment. Litleton, cap. Re∣lease. And a Release made to a Tenent for Term of life, shal inure to him in the Reversion.

ER

Erius, alias Iris, is the Flower de lyce, whose divers kinds you have expressed in Gerards Herbal. lib. 1. cap. 34. The root of this is men∣tioned among Merchandize or Drugs to be garbled, anno 1 Jacob. cap. 19.

Ermins seemeth to come of the French (Er∣mine, i. mus araneus.) It signifieth a Furre of great price.

Erminstreat, see Watlingstreat.

Errant (Itinerans) cometh of the French (Er∣ror, i. errare) or the old word (Erre, i. Iter.) It is attributed to Justices of circuit, p. cor. fol. 15. and Baylifes at large. See Justices in Eyr. and Baylife. See also Eyr.

Errour (Error) cometh of the French (Er∣reur) and signifieth more specially in our Com∣mon law, an error in pleading, or in the Proces, Brook, titulo Errour. And thereupon the VVrit, which is brought for remedy of this oversight, is called a VVrit of error, in Latine, De errore corrigendo: thus defined•• by Fitzh. nat. br. fol. 20. A VVrit of Error is that pro∣perly, which lyeth to redresse false judgement given in any Court of Record, as in the Com∣mon bench, London, or other City, having power (by the Kings Charter or prescription) to hold Plee of debt. See the new book of Entries, ver∣bo Error. or trespasse above the sum of twen∣ty shillings. This is borrowed from the French practice, which they call (proposition d'er∣reur.) VVhereof you may read in Gregorius De appellation. pag. 36. In what diversity of cases this VVrit lyeth, see the Register original in the Table, verb. Errore corrigendo, and Register judicial fol. 34. There is likewise a VVrit of Errour to reverse a Fine. West. parte 2. sect. symbol. titulo Fines. 151.

Errore corrigendo. See Error.

ES

Escawbio, is a license granted to one for the making over of a Bill of Echange to a man over Sea. Register. Original. fol. 194. a.

Escape (escapium) cometh of the French (eschapper, i. aufugere, effugere.) and signifieth

in the Law, a violent or prive evasion out of some lawful restraint. For example, if the Sheriff upon a Capias directed unto him, take one, and indeavour to carry him to the Gaol, and he in the way, either by violence or by slight, break from him: this is called an escape. pl. cor. fol. 70. Many examples might be brought out of him and others, but the thing is plain: Stawnf. lib. 1. cap. 26. pl. cor. nameth two kinds of Escapes, voluntarie and negligent: Voluntarie is, when one arresteth another for Felonie or some other crime, and afterwards letteth him go whither he listeth. In which escape the party that permitteth it, is by Law guilty of the fault committed by him that escapeth, be it Felony, Treason, or Trespass; Negligent escape is, when one arrested, and afterwards escapeth against his will that arrested him, and is not pursued by fresh sute, and taken again, be∣fore the party pursuing hath lost the sight of him: Idem cap. 27. But there read more of this matter, for there be doubts worth the consideration. And of the course of punishment by the Civil Law in this point, read in Pra∣ctica criminali Claudii de Battandier. reg. 143. read also Cromptons Justice fol. 35. b. & fol. 36. & 37. and read the new Terms of Law. There is an escape of beasts likewise: and therefore he that by charter, is quietus de escapio in the forrest, is delivered of that punishment, which by order of the forrest, lyeth upon those whose beasts be found within the land forbidden: Cromptons Jurisdict. fol. 196.

Eschequer (Scaccarium) cometh of the French (Eschequier, i. abacus, tabula lusoria) and signifieth the place or Court of all receipts be∣longing to the Crown, and is so termed as I take it, by reason that in ancient times, the ac∣comptants in that Office used such Tables as Arithmetitians use for their calculations, for that is one signification of (Abacus) amonst others. Polydor. Virgil. lib. 9. hist. Anglc. saith, that the true word in Latine is Statarium, and by abuse called Scaccarium. In mine opi∣nion it may well seem to be taken from the German word (Schatz) signifying as much as (Thesaurus) or (Fiscus.) And from this foun∣tain no doubt) springeth the Italian word (Zecch••••) signifying a mint: and (Zecherit aliâs Zechieri) the Officers thereunto belonging, Descis. Ge••uen. 134. M. Cam. in his Britan. pag. 113. saith, that this Court or office took the name à tabula ad quam assidebant, proving it out of Gervasius Tilburiensis, whose words you may read in him. This Court is taken from the Normans, as appeareth by the Grand Custumarie, cap. 56. where you may find the Eschequier thus described. The Eschequier is called an assembly of High Justiciers, to whom it appertaineth to amend that which the Bailiffes, and other meaner Justiciers have evil done, and unadvisedly judged: and to do right to all men without delay, as from the Princes mouth: Skene de verbo. Significa∣tione, verbo (Scaccarium) hath, out of Paulus Aemilius these words: Saccarium dicitur quasi S. at arium, quòd homines ib•• in jure sistantur, vel quòd sit stataria & perennis curia, cum caeterae curiae essent indictivae, nec loco, nec tempore state: where he saith also of himself, that in Scotland the Eschequer was stable, but the other Session was deambulatorie, before James the fist: qui instituit Statariam curiam, cum antea esset indictiva: he addeth farther: Others think that Scaccarium is so called à similitudine ludi Scaccorum, that is the play of the Chests: because many persons meet in the Chequer, pleading their causes one against the other, as if they were fighting in arraied battel: Others think that it cometh from an old Saxon word (Scata) as writeth S. Thomas Smith, which signifieth Treasure, taxation, or Imposts, whereof account is made in the Che∣quer. This Court consisteth, as it were, of two parts: whereof one is conversant especially in the judicial hearing and deciding of all causes appertaining to the Princes Cofers, anciently called Scaccarium computorum, as Ockam testi∣fieth in his lucubrations: the other is called the receipt of the Exchequer, which is properly imployed in the receiving and payment of money. Crompton in his Jurisdictions, fol. 105. defineth it to be a Court of Record, wherein all causes touching the revenues of the Crown are handled. The officers belonging to both these, you may find named in M. Camddens Britannia, cap. Tribunalia Angliae, to whom I refer you. The Kings Exchequer which now is setled in Westminster, was in divers Coun∣ties of Wales, anno 27 H. 8. cap. 5. but especially cap. 26.

Escheate (Eschaeta) cometh of the French (escheoir, i. cadere, accidere, excidere,) and sig∣nifieth in our Common law, any lands, or other profits, that fall to a Lord within his Manor by way of forfeiture, or the death of his Te∣nent, dying without Heir general, or especial; or leaving his Heir within age, or unmarried, Magna Charta, c. 31. Fitzh. nat. br. f. 143. T, &c. Escheat is also used sometime for the place circuit within the which the King, or other Lord, hath escheats of his Tenents, Bracton, lib. 3. tract. 2. cap. 2. & pupilla oculi parte 2. cap. 22. Escheat thirdly, is used for a VVrit, which lieth, where the Tenent having estate of Fee∣simple in any Lands or Tenements holden

of a superior Lord, dyeth seised without Heir general or especial. For in this case the Lord bringeth this VVrit against him that posses∣seth these Lands after the death of his Tenent•• and shall there by recover the same in lieu of his services. Fitzh. nat. br. fol. 144. These that we call Escheats, are in the Kingdom of Naples called Excadentia, or bona excadentiala, as: Ba∣ro locat excadentias eo modo quo locatae fuerunt ab antiquo: it a quod in nullo debita servitia minu∣antur, & non remittit Gallinam debitam: Jaco∣butius de Franchis in praeludiis ad feudorum usum. tit. 1. num. 29. & num. 23. v. Maramae sin∣gularia, verbo Excademia. And in the same signification, as we say the Fee is escheated, the Feudists use feudum aperitur. lib. 1. feudal. titulo, 18. §. 2. titul. 15. & titul. 26. §. 4.

Escheatour (Escaetor) cometh of (Escheat) and signifieth an officer that observeth the Escheats of the King in the County, whereof he is Eseheatour, and certifieth them into the Exchequer: This officer is appointed by the L. Treasurer, and by Letters Patents from him, and contineth in his office but one year, nei∣ther can any be Escheatour above once in three years, anno 1 H. 8. cap. 8. & anno 3. ejusdem cap. 2. See more of this officer and his authority in Cromptons Justice of peace. See anno 29 Ed. 1. The form of the Escheatours oath, see in the Register original. fol. 301. b. Fitzh. calleth him an officer of record, nat. br. fol. 100. C. be∣cause that which he certifieth by vertue of his office, hath the credit of a Record. Officium escaetriae, is the Escheatourship. Regist. orig. fol. 259. b.

Escuage (Scutagium) cometh of the French (escu, i. clypeus) a buckler, or shield. In our Com∣mon law, it signifieth a kind of Knights service, called service of the Shield, whereby the Tenent holding, is bound to follow his Lord into the Scotish or Welsh wars, at his own charge: for the which see Chivalrie. But note, that Es∣cuage is either uncertain or certain. Escuage uncertain, is properly Escuage, and Knights ser∣vice, being subject to homage, fealty, ward and marriage, so called, because it is uncertain how often a man shall be called to follow his Lord into those wars, and again, what his charge will be in each journey. Escuage certain, is that which yearly payeth a certain rent in lieu of all services, being no further bound than to pay his rent, called a Knights-fee, or the fourth part of a Knights-fee, according to his land, and this leeseth the nature of Knights service, though it hold the name of Escuage, being in effect, Soccage. Fitzh. na. br. fol. 84. C.

Esnecy (Aesnecia) is a prerogative given to the eldest Comparcener, to chuse first, after the inheritance is divided, Fleta, lib. 5. cap. 10. §. in divisionem.

Esples (Expletia) seem to be the full profits that the ground or land yeeldeth, as the Hay of the Meadowes, the Feed of the Pasture, the corn of the Earable, the Rents, Services, and and such like issues: Ingham. It seemeth to proceed from the Latine (Expleo) The profits comprised under this word, the Romans call properly accessiones. Nam accessionem no∣mine intelliguntur ea gener aliter omnia, quae ex re, de qua agitur, orta sunt, veluti fructus, partus, & omnis causa rei, & quaecunque ex re procedunt. lib. 2. π. De in diem adjectio, lib. 50. π. Ad Trebel. lib. 61. §. hiis etiam. π. de furt. See the new Terms of Law.

Esquier (Armiger) is in letters little altered from the French (Esouier, i. scutiger) It signi∣fieth with us a Gentleman or one that beareth arms, as a testimony of his nobility and gentry. S. Thomas Smith is of opinion, that at the first, these were Bearers of arms to Lords and Knights, and by that had their name and dignity. Indeed the French word is some∣time translated (Agaso) that is, a Boy to at∣tend or keep a Horse; and in old English Writers, it is used for a Lackey, or one that carrieth the Shield or Spear of a Knight. Mast. Cambden in his Britannia, pag. 111. hath these words of them; having spoken of Knights: Hiis proximi fuere Armigeri, qui & scutiferi, hominesque ad arma dicti, qui vel à clypeis gen∣tilitiis, quae in nobilitatis insignia gestant: vel quia principibus & ma oribus illis nobilibus ab armis erant, nomen traxerunt. Olim enim ex hiis duo uni∣cui{que} militi serviebant, galeam clypeumque gesta∣bant, &c. Hotoman in the sixth Chapter of his Disputations upon the Feodssaith, that these which the French men cal (Escuiers) were 1 Military kind of vassal having jus scuti, which is as much to say (he there interpreteth him∣self) as that they bare a Shield, and in it the en∣signes of their family, in token of their Gentili∣ty or dignity.

Essendt quietum de telonio, is a Writ that lyeth for Citizens and Burgesses of any City or Town that have a Charter or prescription to exempt them from tolle, through the whole Realm, if it chance they be any where exacted ••he same, Fitz. nat. br. fol. 226. Reg. fol. 258.

Essoin (essonium) cometh of the French (essomè or exonniè, i. causarius miles) he that hath his presence forborn or excused upon any just cause, as sicknesse or other incumbrance. It signifieth in our Common Law, and allege∣ment of an excuse for him that is summoned, or sought for to appear, and answer to an Acti∣on

real, or to perform sute to a Court Baron, upon just cause of absence. It is as much as (ex∣cusatio) with the Civilians. The causes that serve to essoin any man summoned, be divers and infinite: yet drawn to five heads: whereof the first is (ulira mare) the second (de terra sancta) the third (de malo veniendi) which is also cal∣led the common Essoin, the fourth is (de malo lecti) the fifth (de servitio Regis.) For further knowledge of these, I refer you to Glanvile, in his whole first book, and Bracton, lib. 5. tract. 2. per totum, and Britton, c. 122, 123, 124, 125. and to Horns Mirrour of Justices, lib. 1. cap. des Essoins, who maketh mention of some more essoins touching the service of the King celesti∣al, then the rest do, and of some other points not unworthy to be known. Of these Essoins you may read further in Flet. l. 6. c. 8. & seq. and that these came to us from the Normans, is well shewed by the Grand Custumary, where you may find in a manner all said, that our Law∣yers have of this matter, cap. 39, 40, 41, 42, 43, 44, 45.

Essoins and profers, anno 32 H. 8 cap. 21. See Profer.

Essonio de malo lecti, is a Writ directed to the Sheriff, for the sending of four lawful Knights to view one that hath essoined himself de malo lecti, Regist. orig. fol. 8. b.

Establishment of dower seemeth to be the as∣surance of dower, made to the Wife by the Husband or his friends, before or at marriage. And assignement is the setting it out by the Heir afterward, according to the Establish∣ment, Britton, cap. 102. & 103.

Estandard or Standard, cometh of the French (estandart) or estandart, i. signum, vexillum. It signifieth an Ensigne in war, as well with us as with them. But it is also used for the prin∣cipal or standing measure of the King, to the scantling whereof, all the measures thorowout the Land, are, or ought to be framed by the Clerk of the Market, Anlneger; or orher Officer, according to their functions. For it was established by the Statute of Magna Charta, an. 6 H. 3. cap. 9. That there should be but one scantling of Weights and Measures through the whole Realm, which is sithence confirmed by A••co 14 Ed. 3. cap. 12. and many other Sta∣tutes; as also, that all should be fitted to the Standard, sealed with the Kings Seal. It is not called a Standard without great reason: because it standeth constant and immoveable, and hath all other Measures coming toward it for their conformity, even as Souldiers in field, have their Standard, or Colours for their di∣rection in their march or skirmish. Of these Standards and Measures, read Britton, cap. 30.

Estate, cometh of the French (estat, i. condi∣tio) and signifieth especially in our Common law, that Title or Interest, which a man hath in Lands, or Tenements, as estate simple, otherwise called Fee-simple, and estate conditional, or upon condition, which is, (as Litleson saith, libro 3. caput 5.) either upon condition in Deed, or upon condion in Law. Estate upon condition in Deed is, where a man by Deed indented, infeoffeth another in Fee, referving to him, and to his Heirs yeer∣ly, a certain Rent, payable at one Feast, or at divers; upon condition, that if the Rent be behind &c. that it shall be lawful to the Feof∣for, and to his Heires, to enter in the Lands or Tenements, &c. Estate upon condition in Law, is such as hath a consideration in the Law annexed to it, though it be not speci∣fied in writing. For example, if a man grant to another by his Deed, the Office of a Parker∣ship for Term of his life, this estate is upon condition in the Law, or imployed by Law, viz. if the Parker so long, shall well and truly keep the Park, &c. I read also of an estate particular, which is an estate for life, or for yeers, Par∣kins Surrenders, 581.

Estopel, seemeth to come from the French (estouper, i. oppilare, obturare, stipare, obstipare) and signifieth in our Common Law, an impe∣diment or barre of an Action growing from his own fact, that hath, or otherwise might have had his Action; for example: A Tenent maketh a Feofment by collusion to one: the Lord ac∣cepteth the services of the Feoffee: by this he debarreth himself of the wardship of his Te∣nents Heir, Fitzh. nat. br. fol. 142. K. Divers other examples might be shewed out of him, and Broke h. titulo. Sir Edward Coke, lib. 2. casu Goddard, fol. 4. b. defineth an estopel to be a barre or hinderance unto one to plead the truth, and restraineth it not to the impediment given to a man by his own Act onely, but by anothers also. lib. 3. The case of Fines, fol. 88. a.

Estovers (Estoverium) cometh of the French (estouver, i. fovere) and signifieth in our Com∣mon law, nourishment or maintenance. For example: Bracton, lib. 3. tractat. 2. cap. 18. num. 2. useth it for that sustenance, which a man taken for Felonie, is to have out of his lands or goods for himself and his family, du∣ring his imprisonment: and the statute, anno 6 Ed. prim. cap. 3. useth it for an allowance in meat or cloath. It is also used for certain allowances of wood, to be taken out of another mans woods. So it is used West. 2. cap. 25. anno. 13. Edw. 1. M. West. parte 2. symbol. titulo Fines. Sect. 26. saith, that the name of Estovers ontaineth House-bote, Hay-bote, and Plow∣bote, and Plow∣bote:

as if he have in his grant these general words: D•• rationabili esto verio in bos••is, &c. he may thereby claim these three.

Estrepement, or Estrepament, (estrepementum) cometh of the French word (estropier, i. muti∣lare, obtruncare) the which word the French men have also borrowed of the Italians, or ra∣ther Spaniards, with whom (Estropear, signi∣fieth to set upon the rack. It signifieth in our Common law, spoil made by the Tenant for Term of life, upon any Lands or Woods, to the prejudice of him in the reversion, as namely in the statute anno 6 Edw. 1. cap. 13. And it may seem by the derivation, that Estrepament is properly the unmeasurable soaking or drawing of the heart of the Land by plowing or sowing it continually, without manuring, or other such usage, as is requisite in good Husbandry. And yet (Estropier signifying nutilare) it may no lesse conveniently be applyed to those, that cut down Trees, or lop them farther than the Law will bear. This signifieth also a Writ, which lyeth in two sorts: the one is, when a man having an Action depending (as a fordom, or dum fuit in∣fra atatem, or Writ of right, or any such other) wherein the Demandant is not to recover dammages, sueth to inhibite the Tenant for making waste (during the sute.) The other sort is for the Demandant, that is ad∣judged to recover seisin of the Land in questi∣on, and before execution, sued by the Writ Habere facias seisinam, for fear of waste to be made before he can get possession, sueth out this Writ: See more of this, in Fitzherbert nat. br. fol. 60. & 61. See the Register orig. fol. 76. and the Register, judicial. fol. 33.

Estreat (extractum vel extracta) cometh of the French (Traict) which among other things signifieth a figure or resemblance; and is used in our Common law, for the copie or true note of an original writing. For example, of amer∣cements or penalties set down in the Rolls of a Court, to be levied by the Bailiff or other Of∣ficer, of every man for his offence. See Fitzh. nat. br. fol. 57. H. I. K. & 76. A. And so it is used Westm. 2. cap. 8. anno 13 Ed. 1.

Estrey (extrahura) in our Common Law, signifieth any beast not wild, found within any Lordship, and not owned by any man. For in this case, if it being cryed, according to Law, in the Market towns adjoyning, shall not be claimed by the owner within a year and a day, it is the Lords of the soil. See Britton, cap. 17. See Estrajes in the Forest, anno 27 H. 8. cap. 7. New book of Entries. verbo Trespas c••••icer∣nant estrey.

EV

Evidence; (evidentia) is used in our Law ge∣nerally for any proof, be it testimony of men or instrument. Sir Thomas Smith useth it in both sorts, lib. 2. cap. 17. in these words: Evidence, in this signification: is Authentical writings of contracts after the manner of England, that is to say, written, sealed, and deli∣vered. And lib. 2. cap. 23. speaking of the pri∣soner that standeth at the bar, to plead for his life, and of those that charge him with Felo∣ny, he saith thus: then he telleth what he can say: after him likewise all those, who were at the apprehension of the prisoner, or who can give any Indices or tokens, which we call in our language (Evidence) against the malefa∣ctor.

EX

Examiner in the Chancerie, or Starre-Cham∣ber, (examinator) is an Officer in either Court, that examineth the parties to any sute upon their oaths, or witnesses producted of either side: whereof there be in the Chancery two.

Exception, (exceptio) is a stop or stay to an Action, being used in the Civil and Common Law, both alike, and in both divided into di∣latory and peremptory. Of these see Bracton, lib. 5. tract. 5, per totum: and Britton cap. 91, 92.

Exchange (excambium, vel cambium) hath a peculiar signification in our Common law, and is used for that compensation which the War∣rantor must make to the Warrantee, value for value, if the Land warranted be recovered from the Warrantee. Bracton, lib. 2. cap. 16. & lib. 1. cap. 19. It signifieth also generally as much as (Permutatio) with the Civilians, as the Kings Exchange, anno 1 Hen. 6, cap. 1, & 4. & anno 9 Edw. 3. statut. 2. cap. 7. which is no∣thing else but the place appointed by the King for the exchange of Bullion, be it gold or sil∣ver, or plate, &c. with the Kings coyn. These places have been divers heretofore, as appear∣eth by the said statutes. But now is there onely one, viz. The Tower of London conjoyned with the Mint. VVhich in time past might not be, as appeareth by anno 1 Henrici 6. cap. 4.

Exchequer, see Eschequer.

Excheator, see Escheator.

Excommunication (excommunicatio) is thus defined by Panormitan: Excommunicatio est ni∣hil aliud quàm censura a Canone vel Judice Ec∣clesiastico prolata & inflicta, privans legitima communione sacramentoram, & quandoque homi∣num. And it is divided in majorem & mino∣rem. Minor est, per quam quis à Sacramentorum participatione conscientia vel sententia arcetur. Major est, quae non solùm à Sacramentorum, ve∣rùm etiam fidelium communione excludit, & ab omni actu legitimo separat & dividit. Venatorius de senten. excom.

Excommunicato capiendo is a VVrit directed to the Sheriff for the apprehension of him who standeth obstinately excommunicated for for∣ty dayes: for such a one not seeking absolution hath or may have his contempt certified or signified into the Chancery, whence issueth this Writ, for the laying of him up without Bayl or Mainprise, until he conform himself. Fitzh. nat. br. fol. 62. & anno 5 Eliz. cap. 23. and the Regist. orig. fol. 65, 67, & 70.

Excommunicato deliberando is a Writ to the under Sheriff, for the delivery of an excommu∣nicate person out of prison, upon certificate from the Ordinarie, of his conformity to the Jurisdiction Ecclesiastical. See Fitzherb. nat. br. fol. 63. a. and the Register, fol. 65, & 67.

Excommunicato recipiendo is a Writ, where∣by persons excommunicate, being for their ob∣stinacy committed to prison, and unlawfully delivered thence, before they have given cau∣tion to obey the authority of the Church, are commanded to be sought for and layd up again. Regist. orig. fol. 67, a.

Executione facienda, is a VVrit commanding Execution of a judgement: the divers uses whereof see in the Table of the Register judi∣cial, verbo Executione facienda.

Executione facienda in Withernamium, is a VVrit that lyeth for the taking of his cattel that formerly hath conveyed out of the Coun∣ty the cattel of another; so that the Bailiff having authority from the Sheriff to Replevy the cattel so conveyed away, could not exe∣cute his charge. Reg. orig. fol. 82. b.

Execution (executio) in the Common Law, sig∣nifieth the last performance of an Act, as of a fine, or of a judgement. And the Execution of a fine, is the obtaining of actual possession of the things contained in the same, by vertue therof: which is either by entry into the Lands, or by VVrit: whereof see West at large-part. 2. Symbol. titulo Fines, Sect. 136, 137, 138. Exe∣cuting of Judgements and Statutes, and such like, see in Fitzh. nat. br. in Indice 2, Verbo Exe∣cution. S. Edw. Coke, vol. 6, casu Blumfield, fol. 87, a. maketh two sorts of Executions: one final, another with a (Quousque) tending to an end. An Execution final is that which maketh money of the Defendants goods, or extendeth his Lan is, and delivereth them to the Plaintiff. For this the party accepteth in satisfaction, and this is the end of the sute; and all that the Kings writ commandeth to be done. The other sort with a (Quousque) is tending to an end, and not final: as in the case of (capias ad satisfaciendum, &c.) this is not final, but the bo∣dy of the party is to be taken, to the intent and purpose to satisfie the Demandant: and his imprisonment is not absolute, but until the Defendant do satisfie, Idem, ibid.

Executour (executor) is he that is appointed by any man in this last VVill and Testament, to have the disposing of all his substance ac∣cording to the con••ent of the said VVill. This Executor is either particular or universal. Par∣ticular, as if this or that thing onely be commit∣ted to his charge; Universal if all. And this is in the place of him whom the Civilians call Haeredem, and the Law accounteth one person, with the party whose Executor he is, as having all advantage of action against all men, that he had, so likewise being subject to every mans Action as farre a himself was. This Exe∣cutor had his beginning in the Civil Law, by the constitutions of the Emperours, who first permitted those, that thought good by their wills to bestow any thing upon good and godly uses, to appoint whom they pleased to see the same performed: and if they appoin••ed none, then they ordained that the Bishop of the place should have authority of course to effect it, lib. 28. c. de Episcopis & Cleri∣cis. And from this in mine opinion, time and experience hath wrought out the use of these universal Executors, as also brought the Admi∣nistration of their goods that dye without Will, unto the Bishop.

Exemplificatione is a Writ granted for the exemplification of an Original. See the Re∣gister original fo. 290.

Ex gravi querela, is a VVrit that lieth for him unto whom any Lands or Tenements in Fee, within a City, Town, or Borough, being devisable, are devised by VVill, and the Heir of the Devisour entreth into them, and detain∣eth them from him. Register original, fol. 244. Old Natura brevium, fol. 87. See Fitzherb. nat. br. fol. 198, L.

Exigendarie of the Common bank (Exigenda∣rius de banco communi) is otherwise called Exi∣genter, anno 10 Hen. 6. cap. 4. and is an officer belonging to that Court. For the which see Exigenter.

Exigent, (Exigenda) is a VVrit that lieth where the Defendant in an Action personal cannot be found, nor any thing within the County, whereby to be attached or distrained, and is directed to the Sheriff, to proclaim and call five County dayes one after an other, charging him to appear under the pain of Out∣lawrie. Terms of the Law. This VVrit lieth also in an indictment of Felony, where the party indicted cannot be found. Smith de republ. Angl. lib. 2. cap. 19. It seemeth to be called an Exigent, because it exacteth the party, that

is, requireth his appearance or forth-coming to answer the Law, for if he come not at the last dayes proclamation, he is said to be quinquies exactus, and then is out-lawed. Cromptons Jurisd. fol. 188. And this M. Manwood also setteth down for the Law of the Fo∣rest, part. 1. of his Forest laws, pag. 71. See the new book of Entries, verbo Exi∣gent.

Exigenter (Exigendarius) anno 18 Hen. 6. cap. 9, is an officer of the Court of Common plees, of whom there be four in number: They make all Exigents and proclamations in all Actions, where Processe of outlawry doth lie, and VVrits of Supersede ••s, as well as the Pronotaries, upon such Exigents as were made in their offices.

Ex mero motu are words formally used in any Charter of the Prince, whereby he signi∣fieth, that he doth that which is contained in the Charter, of his own will and motion, with∣out petition or suggestion made by any other. And the effect of these words are to bar all exceptions that might be taken unto the in∣strument wherein they be contained, by al∣leging that the Prince in passing that Charter was abused by any salse suggestion. Kitchin, fol. 152.

Exoneratione sectae, is a VVrit that lieth for the Kings VVard to be disburthened of all sute, &c. to the County, Hundred, Leet, or Court Baron, during the time of his wardship. Fitz. nat. br. fol. 158.

Ex parte latis, is a VVrit that lyeth for a Bayliff or Receiver, that having Auditots assig∣ned to hear his account, cannot obtain of them reasonable allowance, but is cast into prison by them. Regist. fol. 137. Fitzh. nat. brev. fol. 129. The manner in this case is to take this VVrit out of the Chancerie, directed to the Sheriff, to take four Mainpervours to bring his body before the Barons of the Exchequer at a day certain, and to warn the Lord to appear at the same time. New Terms of the Law, ver∣bo Account.

Expectant is used in the Common law with this word (fee) and thus used it is opposite to Fee simple. For example, Lands are given to a Man and his Wife in Frank-marriage, to have and to hold to them and their Heirs. In this case they have Fee-simple. But if it be given to them and the Heirs of their body, &c. they have Tail, and Fee expectant. Kitchin, fol. 153. Matthaeus de afflict is useth the Ad; e∣ctive (expectativa) substantively in the same signification, Descis. 292. num. 2. p. 412.

Explees, see Espleese.

Expeditate (expeditare) is a word usual in the Forest, signifying, to cut out the balls of the great dogs feet, for the preservation of the Kings game. Every one that keepeth any great Dogs not expeditated, forfeiteth to the King three shillings four pence, Cromptons Jurisdict. fol. 152. M. Manwood useth the same word, parte prim. of his Forest Laws, pag. 205, and pag. 212. he setteth down the manner of expe∣ditating Dogges heretofore, viz. Quòdtres or∣tell; abscindantur sive pellota de pede anteriori; that is, that the three clawes of the fore-foot on the right side shall be cut off by the skin: whereunto he also addeth out of the same or∣dinance, called the Assise of the Forest, that the same manner of expeditating of Dogs shall be still used and kept, and none other. Quaere whence it groweth that Master Cromp∣ton and he differ; the one saying that the ball of the foot is cut out: the other, that the three fore-clawes are pared off by the skin.

Expensis militum levandis, is a Writ directed to the Sheriff, for levying allowance for the Knights for the Parliament. Regist. orig. fol. 191. b.

Expensis militü non levandis ab hominibus de an∣tiquo dominico, nec à nativis, is a Writ wherby to prohibit the Sheriff from levying any allow∣ance for the Knights of the Shire, upon those that hold in ancient Demesn, &c. Reg. orig. fol. 261. b.

Extend (extendere) cometh of the French (estendre, i. dilatare, dispandere, distendere) and signifieth in our Common law, to value the Lands or Tenements of one bound by Sta∣tute, &c. that hath forfeited his bond, to such an indifferent rate, as by the yearly rent the Obligor may in time be payd his debt. The course and circumstances of this see in Fitz. h. nat. br. fol. 131. Brief d'execution sur statut Mer∣chant.

Extendi facias, is a Writ ordinarily called a Writ of Extent, whereby the value of Lands, &c. is commanded to be made and levied in divers cases, which see in the Table of the Re∣gister original.

Extent (extenta) hath two significations, sometimes signifying a Writ or commission to the Sheriff for the valuing of Lands, or Tene∣ments. Register judicial, in the Table of the Book. Sometime the Act of the Sheriff or other Commissioner upon this Writ. Brook, titulo Extent. fol. 313.

Extinguishment, in our Common law, signi∣fieth an effect of consolidation. For example, if a man have due unto him a yearly rent out of any Lands, and afterward purchase the same Lands, now both the property and rent are consolidated, or united in one Possessor, and

therefore the rent is said to be extinguished. In like manner it is, where a man hath a Lease for years and afterward buyeth the property, this is a consolidation of the property and the fruits, and is an extinguishment of the Lease. See the Terms of Law.

Extirpatione, is a Writ judicial that lieth against him, who after a verdict found against him for Land, &c. doth maliciously over∣throw any house upon it, &c. and it is two-fold, one ante judicium, the other post judicium: Register judicial fol. 13.56.58.

Extortion (Extortio) signifieth in our Com∣mon law, an unlawful or violent wringing of money or money-worth from any man. For example, if any Officer by terrifying any the Kings subjects in his office, take more than his ordinary duties, he committeth, and is inditea∣ble of Extortion: To this (by M. Wests judge∣ment) may be referred the exaction of unlaw∣ful Usury; winning by unlawful Games, and (in one word) all taking of more than is due, by colour, or pretence of right: as excessive toll in Milners, excessive prizes of Ale, Bread, Victuals, Wares, &c. West. parte 2. Symbol. titulo Indictments, Sect. 65. M. Manwood saith, that Extortion is Colore officii, and not virtute officii, parte 1. of his Forest laws, pag. 216. M. Crompton in his Justice of Peace, fol. 8. hath these words in effect: Wrong done by any man, is properly a Trespasse: but excessive wrong done by any is called Extortion: and this is most properly in officers, as Sheriffes, Maiors, Bailiffes, Escheatours, and other Offi∣cers, whatsoever, that by colour of their Office work great oppression, and excessive wrong un∣to the Kings subjects, in taking excessive re∣ward, or fees, for the execution of their office. Great diversity of cases touching Extortion, you may see in Cromptons Justice of Peace, fol. 48. b. & 49. & 50. See the difference between co∣lore officii, & virtute vel ratione officii. Plow. casu. Dives, fol. 64. a. This word is used in the same signification in Italy also. For Cavalca∣nus de brachio regio, parte 5. num. 21. thus de∣scribeth it: Extortio dicitur fieri quando Judex cogit aliquid sibi dari quod non est debitum, vel quod est ultra debitum: vel ante tempus petit id, quod post administratam justitiam debetur.

Extreats. See Estreats.

Eyre. See Eire.

FA.

FAculty, (Facultas) as it is restrained from the original and active signification, to a particular understanding in Law, is used for a privilege, or especiall power granted unto a man by favour, indulgence and dispensation, to do that which by the Common law he can∣not do: as to eat flesh upon dayes prohibited, to marry without Banes first asked; to hold two, or more Ecclesiastical Livings; the Son to succeed the Father, in a Benefice, and such like. And for the granting of these, there is an especial Officer under the Arch-bishop of Can∣terbury, called (Magister ad Facultates) the Ma∣ster of the Faculties.

Fag, anno 4 Ed. 4. cap. 1.

Faint and false action, seem to be Synonyma in Litleton, fol. 144. for (faint) in the French tongue signifieth as much as (feigned) in Eng∣lish.

Faint pleader (falsa placitatio) cometh of the French (feint) a Participle of the Verb (fein∣dre i. simulare, fingere) and (pledoir, i. placitare.) It signifieth with us, a false covenous, or collu∣sory manner of pleading, to the deceit of a third party, anno 34. & 35. H. 8. cap. 24.

Faire, aliàs Feire, (feria) cometh of the French (feire) and signifieth with us, as much as (Nundinae) with the Civilians: that is a so∣lemn, or greater sort of Market, granted to any Town by privilege, for the more speedie and commodious provision of such things, as the subject needeth, or the utterance of such things, as we abound in, above our own uses and occasions: both our English and the French word seemeth to come of (Feriae) be∣cause it is alwayes incident to the privilege of a Fair, that a man may not be arrested or mo∣lested in it for any other debt, than first was contracted in the same, or at least was promised to be payed there, anno 17 Ed. 4. cap. 2. & anno 1 R. 3. cap. 6.

Fair-pleading, see Beaw-pleader.

Faitours, seemeth to be a French word an∣tiquated, or something traduced. For the mo∣dern French word is (faiseur, i. factor.) It is used in the Statute, anno 7 R. 2. cap. 5. And in the evil part, signifying a bad doer. Or it may not improbably be interpreted an idle liver, taken from (faitardise) which signifieth a kind of num or sleepy disease, proceeding of too much sluggishnesse, which the Latines call (ve∣ternus.) For in the said statute it seemeth to be a Synonymon to Vagabond.

Falk-land, aliàs Folk-land. See Copy-hold, and Free-hold.

False imprisonment (falsum imprisonamentum) is a trespasse•• committed against a man, by im∣prisoning him without lawful cause: it is also used for the Writ which is brought upon this trespasse, Fitzh. nat. br. fol. 86. K. & 88. P. v.

Broke h. t. See the new book of Entries, verbo False imprisonnement.

Falso judicio, is a Writ, that lyeth for salse judgement given in the County, Hundred: Court Baron, or other Courts, being no Court of Record, be the Plea real or personal, Regist. orig. fol 15. Fitzh. nat. br. f l. 17. See the new book of Entries, verbo False judge∣ment.

False prophecies. See Prophecies.

Falso re••urno brevium, is a Writ lying against the Sheriff for false returning of Writs, Reg. ••••dic. fol. 43. b.

Falsifie, seemeth to signifie as much, as to prove a thing to be false, Perkins Dower, 383, 384, 385.

Farding, or farthing of gold, seemeth to be a Coyn used in ancient times, containing in value the fourth part of a Noble, viz. twenty pence silver, and in weighth the sixth part of an ounce of gold, that is, of five shillings in silver, which is three pence and something more. This word is found, anno 9 H. 5. statut. 2. cap. 7. thus: Item, that the King do to be ordained good and just weight, of the noble, half noble and farthing of gold, with the rates necessary to the same, for every City, &c. By which place it plainly appeareth to have been a Coin as well as the noble and half noble.

Farding deal, aliàs Farundel of Land (Qua∣drantata terrae) signifieth the fourth part of an Acre, Cromptons Jurisdict. f. 220. Quadrantata terrae is read in the Regist. orig. fol. 1. b. where you have also Denariata & obolata, solidata & librata terrae; which by probability must rise in proportion of quantity from the farding deal, as an half penny, penny, shilling, or pound rise in value and estimation: then must obo∣lata be half an acre, denariata an acre, solidata twelve acres, and librata twelve score acres. And yet I finde viginti libratas terrae vel reditus. Register orig. fol. 94. a. & fol. 248. b. Whereby it seemeth that Librata terrae is so much as yeeld∣eth twenty shillings per annum; and centum so∣lidatas terrarum tenementorum & redituum, fol. 249. a. And in Fitzherb. nat. br. fol. 87. f. I find these words, viginti libratas terrae vel reditus, which argueth it to be so much Lands as twen∣ty shillings per annum. See Furlong.

Fate or Fat, is a great wooden Vessel which among Brewers in London is ordinarily used at this day, to measure Mault by, containing a Quarter, which they have for expedition in measuring. This word is read, Anno 1 H. 5. cap. 10. & anno 11 H. 6. cap. 8.

FE

Fealty (Fidelitas) cometh of the French feaulte, i. fides; and signifieth in our Common law, an oath taken at the admittance of every Tenent, to be true to the Lord of whom he holdeth his Land. And he that holdeth Land by this onely oath of fealty, holdeth in the freest man∣ner that any man in England under the King may hold. Because all with us that have Fee, hold per fidem & fiduciam, that is, by fealty at the least. Smith de Republ. Anglor. lib. 3. cap. 8. for fidelitas est de substantia feudi, as Dua∣renus saith, de feud. cap. 2. num. 4. and Matthaeus de afflictis decis. 320. num. 4. pag. 465. saith, that fidelitas est substantiale feudi, non servitium. The particulars of his oath, as it is used among the Feudists, you may read well expressed by Za∣sius in his Tractare de feudis, parte 7. num. 15, & 16. which is worth the comparing with the usual oath taken here in our part of Bri∣tanie. This fealty is also used in other Na∣tions, as the Lombards and Burgundians. Cass••∣nae us de consuet. Burgund. pag. 419, & 420. And indeed the very first creation of this Tenure, as it grew from the love of the Lord toward his followers, so did it bind the Tenent to fideli∣ty, as appeareth by the whole course of the Feods. And the breach thereof is losse of the Fee. Duarenus in Commentariis feudorum, cap. 14. num. 11. & Wesenbecins in tract. de feudis, cap. 15. num 4. & seq. Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur. Hoteman in his Commentaries De verbis feu∣dalibus) sheweth a double fealty: one gene∣rall, to be performed in every subject to his Prince: the other special, required onely of such, as in respect of their Fee, are tyed by this oath toward their Land-lords: both we may read of in the Grand Custumary 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 resi∣dentes in Provincia Duci facere & servare: Unde tenentur sc. ei innocuos in omnibus & fideles exhi∣bere, nec aliquid ipsum incommodi procurare: nec ejus inimic is praebere, contra ipsum consilium vel juvamen: & qui ex hoc inventi fuerint ex causa manifesta, notabiles & traditores Principis repu∣tantur. Et omnes eorum possessiones perpetuae Prin∣cipi remanebunt, si super hoc convicti fuerint vel damnati: Omnes enim in Normania tenentur Principi fidelitatem observare. Unde nullus homa∣gium vel fidelitatem alicujus potest recipere nisi salva Principis fidelitate. Quod etiam est in eorum receptbone specialiter exprimendum. Inter Domi∣nos autem alios & homines fides taliter debet ob∣servari, quod neuter in personam alterius person••∣lem violentiam, seu percutionis injectionem cum violentia, debet irrogari. Si quis enim eorum ex hoc fuerit accusatus in curia & convictus, feudum omne debet amittere, &c. This fealty special is

with us performed either by Free-men or by Villains. The form of both see anno 14 Ed. 1. stat. 2. in these words: When a Free-man shall do fealty to his Lord, he shall hold his right hand upon a book, and shall say thus: Hear you my Lord R. that I. P. shall be to you both faithful and true, and shall owe my fealty to you for the Land that I hold of you at the Terms assigned: So help me God and all his Saints. When a Villain shall do fealty unto his Lord, he shall hold his right hand over the book, and shall say thus: Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful, and shall owe you fealty for the Land that I hold of you in Vilienage, and shall be justified by you in body and goods: So help me God and all his Saints. See the Regist. orig. fol. 302. a.

Fee (Feodum, aliàs Feudum) cometh of the French (fief, i. praedium beneficiarum, vel res cli∣extelaris) and is used in our Common law, for all those lands which we hold by perpetual right: as Hotoman well noteth, verb. Feodum, de verbis feudalibus. Our ancient Lawyers, either not observing whence the word grew, or at least, not sufficiently expressing their knowledge, what it signified among them, from whom they took it. Feudum, whence the word (Fief, or Fee cometh, signifieth in the German language (beneficium cujus nomine ope∣ra quaedam gratiae testificandae causa debentur, Hot. disput. cap. 1.) And by this name go all Lands and Tenements, that are held by any acknowledgement of any superiority to a higher Lord. They that write of this subject, do divide all Lands and Tenements, wherein a man hath a perpetual estate to him and his Heirs, &c. into Allodium & Feudum. Allodium is defined to be every mans own land, &c. which he possesseth meerly in his own right, without acknowledgement of any service, or payment of any rent unto any other, and this is a property in the highest degree, and of some it is called (Allaudium ab à privati∣va particula, & laudum vel laudatio, ut sit praedi∣um cujus nullus author est nifi deus. Est enim laudare vel Novio teste, nominare. Quod & Budaeus docuit ad Modestinum. 1. Herennius 63. π. de haere. institut. Prataeus, verbo Allaudium. Hotoman in verb. feud.) Feudum is that, which we hold by the benefit of another, and in the name whereof we owe service, or pay rent, or both, to a superior Lord. And all our land here in England (the Crown-land which is in the Kings own hands in the right of his Crown excepted) is in the nature of Feudum or Fee, for though many a man hath land by descent from the Ancestors, and many another hath dearly bought land for his money, yet is the land of such nature, that it cannot come to any, either by descent or purchase, but with the burthen that was laid upon him, who had novel Fee, or first of all received it as a benefit from his Lord, to him and to all such, to whom it might descend, or any way be conveyed from him. So that if we will rec∣kon with our Host (as the proverb is) there is no man here, that hath directum dominium, i. the very property or demain in any Land, but the Prince in the right of his Crown. Cambd. Britan. pag. 93. for though he that hath Fee, hath jus perpetuum & utile domixium: yet he oweth a duty for it: and therefore is it not simply his own. Which thing I take those words, that we use for the expressing of our deepest rights in any Lands or Tenements, to import: for he that can say most for his estate, saith thus: I am seised of this or that land or tenement in my demain as of Fee. Seisitus inde in dominico meo ut de feudo, and that is as much, as if he said, it is my demain or proper land after a sort: because it is to me and mine Heirs for ever: yet not simply mine, because I hold it in the nature of a benefit from another, yet the statut an. 37 H. 8. c. 16. useth these words of lands invested in the Crown: but it proceed∣eth from the ignorance of the nature of this word (Fee for see cannot be without fealty sworn to a superiour, as you may read part∣ly in the word (Fealtie) but more at large in those that write de feudis: and namely Hoto∣man, both in his Commentaries and Disputati∣ons. And no man may grant, that our King or Crown oweth fealty to any superior but God onely. Yet it may be said, that land, &c. with us is termed fee in two respects: one, as it belongeth to us and our Heirs for ever; and so may the Crown-lands be called Fee: the other as it holdeth of another, which is, and must be far from our Crown. Britton c. 32. de∣fineth fee to this effect. Fee is a right con∣sisting in the person of the true Heir, or of some other, that by just title hath purchased it. Fletz, saith, that Feudum est quod quis tenet ex quacun∣que causa sibi & haeredibus suis, sive sit tenemen∣tum, sive reditus qui non proveniunt ex camera, & alio modo dicitur feudum, sicut ejus qui feoff at, & quod quis tenet ab alio sicut dicitur: talis tenet de tali tot seuda per servitium militare, lib. 5. cap. 5. §. Feudum autem. And all that write de feudis, do hold that (Feudataerius) hath not an entire property in his fee: Nay it is held by right learned men, that these Fees were at the first invention or creation of them, either all or some of them temporary, and not perpetual and hereditary, Jacobutius, de Franchis in praelu∣dio

feud. cap. 2. num. 133. The divisions of fee in divers respects are many, and those though little known to us in England, yet better wor∣thy to be known, than we commonly think. But for our present purpose, it is sufficient to divide Fee into two sorts, Fee-absolute other∣wise called Fee-simple, and Fee-conditional, other-wise termed Fee-tail. Fee simple (Feu∣dum simplex) is that whereof we are seiled in these general words, To us and our Heirs for ever. Fee-tail, Feudum taliatum, is that where∣of we are seised to us and our Heirs with limi∣tation that is, the Heirs of our body, &c. And Fee-tail is either general or special. General is, where land is given to a man and the Heirs of his body. The reason whereof is gi∣ven by Litleton, cap. 2. lib. 1. because a man seised of land by such a gift, if he marry one or more wives, and have no issue by them, and at length marry another by whom he hath issue, this issue shall inherit the land. Fee-tail special is that, where a man and his wife be seised of lands to them and the Heirs of their two bodies. The reason is likewise given by Litleton in the same place, because in this case, the Wife dying without issue, and he marry∣ing another, by whom he hath issue, this issue cannot inherit the land, being specially given to such heirs, &c. This Fee-tail hath the origi∣nal from the statute of Westminster 2. cap. pri. which was made anno 13 Edw. 1. Yet see Bracton, lib. 2. cap. 5. num. 3. in his verbis: Item quaedam absoluta & larga, & quaedam stricta & coarctata, sicut certis haeredibus. To whom adde Plowden, casu Willion, fol. 235, a, b, & seq. for before that statute, all land given to a man and his Heirs, either general or special, was accounted in the nature of Fee, and there∣fore held to be so firmly in him to whom it was given, that any limitation notwihstanding, he might alienate and fell it at his pleasure: much like that which the Civilians call Nudum prae∣ceptum, binding rather by counsel and advice, than compulsion or restraint. And this thing seeming unreasonable to the wisdome of our Realm, because so a man meaning well to this or that posterity of himself or his friends, might be forthwith deceived of his intention, the said statute was made for redresse of this inconvenience, whereby it is ordained, that if a man give lands in fee, limiting the Heirs to whom it shall descend, with a reversion to himself or his Heirs for default, &c. that the form and true meaning of his gift, shall be observed. Wherefore in what conscience our Lawyers have invented means, so easily to cut off this form of gift, it is to be consi∣dered. He that hath Fee then, holdeth of another by some duty or other, which is called service, and of this service and the diversity thereof; See Chivalrie•• and Service. He that will learn from what fountain these Feuds or Fees did first spring, let him read Antonius Contius his first chapter de methodo feudorum, where he shall receive great light for his guide into so obscure a dungeon. See Leige. This word, (Fee) is sometimes used with us, for the compasse or circuit of a Lordship or Man∣ner, Bracton, lib. 2. cap. 5. in these words: In eadem villa & de eodem feodo. Thirdly it is used for a perpetual right incorporeal: as to have the keeping of Prisons in Fee, eod. fol. 6. Old nat. brev. 41. Foster in Fee, eod. fol. 6. Rent granted in fee, eod. fol. 8. Sheriff in fee, anno 28 Ed. 1. stat. 3. cap. 8. Lastly, Fee signifieth reward or ordinary duty that a man hath given him for the execution of his office, or the per∣formance of his industrie in his art or science: as the Lawyer or the Physician is said to have his Fee, when he hath the consideration of his pains taken, the one with his Client, the other with his Patient.

Fee expectant, is by the Feudists termed feu∣dum expectativum, or expectativa, substantively used, Mathaeus de Afflictis decis. 292. num. 2. pag. 417. See expectant.

Fee-ferm (fendi firma) is acompound of Fee, whereof see (Fee) and (ferme, i. colonia, villa praedium, rusticum) of (Ferme) cometh (Fermier du Prince, i. manceps, redemptor publicorum vecti∣galium, Publicanus) Fee-ferm signifieth in our Common law, land held of another in Fee, that is in perpetuity to himself and his Heir, for so much yeerly rent, as it is reasonably worth, more or lesse, so it be the fourth part of the worth, old tenures. See exposition of the Statute of Glocester, anno 6 Edw. 1. without ho∣mage, fealty, or other services, other than be especially comprised in the Feofment; but by Fitzh. it seemeth that the third part of the va∣lue may be appointed for the rent, or the find∣ing of a Chaplain to sing divine Service, &c. nat. br. fol. 210. C. And the nature of it is this, that if the rent be behind and unpaid for the space of two years, then the Feoffor or his Heirs have action to recover the lands as their demesnes: Britton cap. 66. num. 4. but ob∣serve out of West. symbol. parte 1. lib. 2. sect. 463. that the Feofment may contain services and sute of Court, as well as rent. And the Author of the new Terms of law saith, That Fee-ferm oweth Fealty, though not expressed in the Feofment, for that fealty belongeth to all kind of Tenures. This is neer the nature of that which among the Civilians is called ager vectigalis, qui in perpetuum licetur, i. hac lege

ut quam diu pro eo vectigal pendatur tam diunique ipsis qui conduxerunt, ueque iis qui in locum eo∣rum successerunt, auferri cum liceat, li. 1. π. si ager vectigalis, &c.

Feed (feida, alias faida) signifieth in the Ger∣man tongue, Guerram, i. capitales in micitias vel bellum, Hotoman disputat. de feudis, cap. 2, b. Foemina dic••tur faidam non facere, Gloss. in §. ult. de lege Conradi, lib. 2. de feudis, by reason that Women by the law are not subject to warfare, to battel, or proclamation made for that cause. Skene de verbo significa. verbo Affidatio. Ma∣ster Lambert in his exposition of Saxon words writeth, it Feeth, and saith likewise that it signifieth Capitales inimicitias. And also that Feud, used now in Scotland and the North pates of England, is the same, that is, a combination of kindred, to revenge the death of any of their blood, against the killer and all his race.

Felony (felonia) seemeth to come of the French Felonnie, i. impetuositas, atrocitas, immi∣sericordia. Felonia saith Hotoman, de verbis feu∣dalibus, non praescisè contumaciam vasalli in do∣minum, hujusve in vasallum perfidia•••• (significat, ver in quodvis capitale facinus. And again, Felonia Gothis & Longobardis dicitur quod Germanis bodie Schelmarey, Litinis Scelus. Sir Edward Coke saith thus, Ideo dicta est felonia, qua fieri debet felleo animo, li. 4. fol. 124. b. Ho∣stiensis in sua summa, titulo De Feudis. And others speak of this to this effect: Felonia, aliâs falonia, est culpa vel injuria, propter quam vassal∣lus amittit feudum. Sed haec respicit Dominum fendi. Est & alia fallonia quae non respicit Do∣minum: sc. quando vassallus interficit fratrem vel filium suum, vel filium fratris, vel aliud crimen commi sit quod pa ric dii appellatione continetur, & plures aliae fallonlae tam resp. cientes Dominum, quàm alios propter quas feudum amittitur ••bi no∣tantur. We account any offence Felony, that is in degree next unto petit treason, and com∣priseth divers particulars under it, as murther, theft, killing of a mans self, Sodometry, Rape, wilfull burning of houses, and divers such like, which are to be gathered especially out of sta∣tutes, whereby many offences are daily made felony, that before were not. Felony is dis∣cerned from lighter offences by this, that the punishment thereof is death. Howbeit this is not perpetual. For petit larcenie, (which is the stealing of any thing under the value of twelve pence) is felony, as appeareth by Broke, titulo Coren. num. 2. his reason is, because the Indite∣ment against such a one must run with these words, (felonicè cepit) and yet is this not pu∣nished by death, though it be losse of goods. Any other exception I know not, but that a man may call that felony, which is under petit treason, and punished by death. And of this there be two sorts: one lighter, that for the first time may be releeved by Clergie, ano∣ther that may not. And these you must also learn to know by the Statutes: for Cleargy is allowed, where it is not expressely taken away. Of these matters read Stawnfords first book of his pl. cor. from the end of the second Chapter, to the 39. and the Statutes, whereby many of∣fences be made felony, since he writ that learn∣ed Book. See also Lamberds Justice of peace, lib. 2. cap. 7. in a Table drawn for the purpose. As also lib. 4. cap. 4. pag. 404, and Cromptons in hi-Justice of Peace, fol. 32. &c. Felony is also punished by losse of Lands not entailed, and goods or chattels, as well real as perso∣nal; and yet the Statutes make difference in some cases touching Lands, as appeareth by the Statute, anno 37 H. 8. cap. 6. Felony ordinari∣ly worketh corruption of blood, though not wh••re a Statute ordaineth an offence to be Fe∣lony and yet withal saith, that it shal not work corruption of blood. As anno 39 Elizab. cap. 17. How many wayes Felony is committed, See Cromptons Justice of peace, pag. 32, &c.

Feyr, See Fayr.

Felo de se, is he that committeth felony by murthering himself. See Cromptons Justice of Peace, fol. 28. and Lamberds Eirenarcha. lib. 2. cap. 7. pag. 243.

Fencemoneth, is a moneth, wherein it is un∣lawful to hunt in the Forest, because in that moneth the Female Deer do faun: and this moneth beginneth 15. dayes before Mid∣somer, and endeth 15 dayes after. So that to this moneth there be 31 dayes. See Manwood parte prim. of his Forest laws, pag. 80. but more at large parte secunda cap. 13. per totum. It is also called the defence moneth, that is, the forbidden moneth, and the word defence is used in like sort, West. 2. cap. 47. anno 13 Ed. 1. in these words: All waters where Salmons be taken, shall be in defence for taking of Salmons from the Nativity, &c.

Fennycric, or rather Fene-greek (Foenum Grae∣cum) is a medicinal plant or herb, so called, be∣cause it groweth like Hey, and cometh out of Greece. Of this you may read more in Gerards Herbal. lib. 2. cap. 48;. The feed thereof is rec∣koned among drugs that are to be garbled, anno 1. Jacob. cap. 19.

Feofment (feoffamentum) by the opinion of S. Tho. Smith de Repub. Anglor. lib. 3. cap. 8. and M. West parte prim. symbol. lib. 2. Sect. 280. is descended from the Gottish word (Feudum) which you have interpreted in (Fee) and sig∣nifieth (donationem feudi.) But (as M. West al∣so addeth) it signifieth in our Common law,

any gift, or grant of any Honors, Castles, Ma∣nors, Mesuages, Lands, or other corporeal and immovenble things of like nature, unto another in Fee-simple, that is, to him and his Heirs for ever, by the delivery of seisin and possession of the thing given, whether the gift be made by word or writing. And when it is in writing, it is called a deed of feofment, and in every feof∣ment the giver is called the Feoffour (feoffa∣tor,) and he that receiveth by vertue thereof, the Feoffee (feoffatus) and Litleton saith, that the proper difference between a Feoffour and a Donour is, that the Feoffour giveth in Fee-simple, the Donour in Fee-tail, lib. 1. cap. 6.

Feodarie, aliás, Feudarie, aliâs, feudatarie, (feudatarius) is an officer authorized and made by the Master of the Court of Wards and Liveries, by Letters patents under the Seal of that office. His function is to be present with the Escheatour at the finding of any office, and to give evidence for the King as well concern∣ing the value, as the tenure, and also to survey the land of the Ward, after the office found and to rate it. He is also to assign the Kings Wi∣dows their Dowers, and to receive all the rents of the Wards lands, within his circuit, and to answer them to the Receiver of the Court of Wards and Liveries. This officer is men∣tioned anno 32 H. 8. cap. 46.

Ferdfare, significat quietantiam eundi in exerci∣tum. Fleta, libr. pri. cap. 47.

Ferdwit, significat qui••tantiam murdri in exer∣citu. Fleta, libr. pri. cap. 47.

Ferm (firma cometh of the French (Ferme, i. colonia, villa praedium,) and signifieth with us, house or land, or both, taken by indenture of lease, or lease parol. It may likewise not un∣aptly be conjectured, that both the French and English word came from the Latine (firmus) for (locare ad firmum) I find sometime to signifie with others, as much as (to set or let to farm) with us. The reason whereof may be in re∣spect of the sure hold they have above tenents at will, v. vocabul. utriusque juris, verbo afflictus. The Author of the new Terms of law, deriveth this word from the Saxon (feormian) which signifieth, to feed or yeeld victual. For in ancient time the reservations were as well in victuals as money, which I leave to the judge∣ment of the Reader. How many wayes ferm is taken, See Plowden, casu Wrothesley, fol. 195. a. b.

Feudarie. See Feodarie.

FI

Fieri facias, is a Writ judicial, that lyeth at all times within the year and day, for him that hath recovered in an Action of Debt or Dam∣mages, to the Sheriff, to command him to levie the Debt, or the Dammages, of his goods, against whom the recovery was had. This Writ hath beginning from West. 2. c. 18. anno 13 Ed. 1. See Old nat. br. fol. 152. See great diversity thereof in the Table of the Register Judicial. verbo Fieri fa∣ci••••s.

Fifteenth (Decimaquinta) is a tribute, or im∣position of money laid upon a City, Borough, and other Town through the Realm, not by the polle; or upon this or that man, but in general, upon the whole City or Town; so called, be∣cause it amounteth to one fifteenth part of that, which the City or Town hath been va∣lued at all of old. This is now a dayes imposed by Parliament: and every Town through the Realm, great or lesse knoweth what a fifteenth for themselves doth amount unto, because it is perpetual: whereas the subsidie, which is raised of every particular mans lands or goods, nust needs be uncertain, because the estate of every several man is so ticklish and uncertain. And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every Town according to the land or circuit belonging unto it; whereof M. Cambden hath many mentions in his Britannia. In stead of the rest, take a few, pag. 168. of Wels in Somerset∣shire he writeth thus: Quo tempore, ut testa∣tur censualis Angliae liber, Episcopus ipsum oppi∣dum tenuit, quod pro quinquaginta hidis geldavit: And pag. 171. of Bathe. Geldabat pro viginti hi∣dis, quando Schira geldabat. Thirdly, pag. 181. of old Sarisbury thus: Pro quinquaginta hidis geldabat. And these rates were taken out of Dooms-day in the Eschequer; so that this seemed in old time, to be a yearly tribute in certaintie, whereas now, though the rate be certain, yet it is not levied but by Parliament. See Task. See Quinsieme.

Filazer (filazarius) cometh of the French Filace, i. filum filacium. It is an officer in the Common plees, whereof there be fourteen in number. They make o••t all original processe, as well real, as personal and mixt: and in acti∣ons meerly personal, where the Defendants be returned or summoned, there goeth out the di∣stresse infinite until appearance. If he be returned Nihil, then Processe of Capias infinite, if the Plaintiff will, or after the third Capias, the Plaintiff may go to the Exigenter of the Shire, where his Original is grounded, and have an Exigent or proclamation made. And also the Filazer maketh forth all Writs of view in causes, where the view is prayed: he is al∣so allowed to enter the imparlance, or the ge∣neral issue in common actions, where appear∣ance is made with him, and also judgement by

confession in any of them before issue be joyned: and to make out Writs of Execution thereupon. But although they entred the issue, yet the Protonotary must enter the judg∣ment, if it be after Verdict. They also make Writs of Supersedeas, in case where the De∣fendant appeareth in their offices, after the Ca∣pias awarded.

Filctale: see Sothale.

File (Filacium) is a thread or wyer, where∣on Writs or other Exhibits in Courts are fast∣ned, for the more fafe keeping of them.

Finders, anno 18 Edw. 3. stat. 1. cap. unico. anno 14 Rich. 2. cap. 10. seem to be all one with those, which in these dayes we call Search∣ers.

Fine (finis) cometh of the French (fin, i. finis) and hath divers applications in our Common law: sometimes being used for a formal or cere∣monious conveyance of Lands or Tenements, or (as West saith, titulo Fines, sect. 25.) of any thing inheritable, being in esse tempore finis, to the end to cut off all controversies. (West. parte 2. symbol. sect. 1. defineth a Fine in this sig∣nification: covenants made before Justices, and entred of Record. And out of Glanvile thus, lib. 8. cap. 1. Finis est amicabilis compositio & fi∣nalis concordia, ex consensu & licemia Domini Re∣gis, vel ejus Justiciariorum. And lib. 9. cap. 3. Ta∣lis concordia finalis dicitur, eo quod finem imponit negetio, adeo ut neutra pars litigantium ab eo de ••••tero poterit recedere. And out of Bracton, lib. 5. tract. 5. cap. 28. num. 7. thus; Finis ideo dici∣tur finalis concordia, quia imponit finem litibus, & est exceptio per emptoria. The Author of the new Terms of law, defineth it to be a final agreement had between persons concerning any Land or rent, or other thing, whereof any sute or Writ is between them hanging in any Court. See the new Book of Entries, verbo Fines. This fine is of so high a nature, that Bracton, lib. 3. cap. 7. num. 3. hath these words of it: Item immediatè pertinet ad Regem querela finis factae in curia Domini Regis, & non observa∣ta. Et est ratio, quia nemo potest finem interpretari nisi ipse Rex, in cujus curia fines fiunt. See also, anno 27 Ed. prim. stat. prim. cap. 1. The Civilians would call this solemn contract, transactionem judicialem de re immobili, because it hath all the properties of a transaction, if it be considered in his original use. v. Wesemb. parat. titulo de trans∣act. For it appeareth by the Writers of the Common law, above named, that it is nothing but a composition or concord acknowledged & recorded before a competent Judge, touching some hereditament or thing immoveable, that earst was in controversie between those that be parties to the same concord: and that for the better credit of the transaction, being by imputation made in the presence of the King, because, it is levied in his Court: and there∣fore doth it bind Women covert being par∣ties, and others whom ordinarily the Law dis∣ableth to transact, onely for this reason, that all presumption of deceipt or evil meaning is excluded, where the King is privy to the Act. But discourse of wit and reason, hath in time wrought other uses of this concord, which in the beginning was but one: as namely, to se∣cure the title that any man hath in his posses∣sion against all men: to cut off Intails, and with more certainty to passe the Interest or the Title of any Land or Tenement, though not controverted, to whom we think good, either for years or in Fee. In so much that the passing of a Fine, in most cases, now is it but mera fictio juris, alluding to the use for the which it was invented, and supposing a doubt or controver∣sie, where in truth none is: and so not onely to work a present prescription against the par∣ties to the concord, or fine, and their Heirs, but within five years against all others, not ex∣expresly excepted (if it be levied upon good consideration and without covine) as Wo∣men covert, persons under 21 years, or priso∣ners, or such as be out of the Realm at the time when it was acknowledged. Touching this matter, see the statutes, anno 1 Rich. 3. cap. 7. anno 4 H. 7. cap. 24. anno 32 H. 8. cap. 36. & anno 31 Eliz. cap. 2. This fine hath in it five essential parts: the original writ taken out against the Conizour: the Kings License gi∣ving the parties liberty to accord, for the which he hath a fine called the Kings Silver, being accounted a part of the Crowns reve∣nue. Thirdly, the concord it self, which thus beginneth: Et est concordia talis, &c. Fourth∣ly, the note of the fine, which is an abstract of the original concord, and beginneth in this manner: Sc. Inter R. querentem, et S. et Euxo∣rem ejus, deforciantes, &c. Fiftly, the foot of the fine, which beginneth thus: Haec est sinalis concordia facta in Curia domini Regis, apud West. à die Paschae in quindecim dies, anno etc. So as the foot of the fine includeth all, containing the day, year, and place, and before what Ju∣stice the concord was made. Coke vol. 6. casu Teye, fol. 38, et 39. This fine is either simgle or double: A single fine, is that by which no∣thing is granted or rendred back again by the Cognizees to the Cognizours, or any of them. A double fine containeth a grant & render back a∣gain, either of some rent, comon, or other thing, out of the land or of the land it self, to all, or some of the Cognizours, for some estate, limit∣ing thereby many times Remainders to stran∣gers,

which be not named in the Writ of cove∣nant. West. ubi supra, Sect. 21. Again, a fine is of the effect, divided into a fine executed, and a fine executory. A fine executed is such a fine, as of his own force giveth a present pos∣session (at the least in law) unto the Cognizee, so that he needeth no writ of (Habere facias seisinam) for the execution of the same, but may enter; of which sort is a fine (sur cogni∣zance de droit come ceo que il ad de son done) that is upon acknowledgement, that the thing men∣tioned in the concord be jus ipsius cognizati, ut illa quae idem habet de dono Cognitoris. West. Sect. 51. K. and the reason of this seemeth to be, because this fine, passeth by way of release of that thing, which the cognizee hath already (at the least by supposition) by vertue of a former gift of the Cognizor, Cokes Reports, lib. 3. the case of sines, fol. 89. b. which is, in very deed, the surest fine of all. Fines executo∣rie be such, as of their own force do not exe∣cute the possession in the Cognizees, as fines sur cognizance de droit tantùm, fines sur done, grant, release, confirmation, or render. For if such fines be not levied, or such render made unto them, that be in possession at the time of the fines levied, the cognizees must needs sue Writs of (Habere facias seisinam) according to their several cases, for the obtaining of their possessions, except at the levying of such execu∣tory fines, the parties unto whom the estate is by them limited, be in possession of the lan is passed thereby: for in this case such fines do inure by way of extinguishment of right, nor altering the estate of possession of the Cogni∣zee, but perchance bettering it, West. ubi supra, sect. 20.

Touching the form of these Fines, it is to be considered upon what Writ or Action the concord is to be made, and that is, most com∣monly, upon a Writ of Covenant: and then first there must passe a payr of Indentures be∣tween the Cognizour and Cognizee, whereby the Cognizour covenanteth with the Cogni∣zee, to passe a Fine unto him, of such or such things by a day set down. And these Inden∣tures, as they are first in this proceeding, so are they said to lead the Fine; upon this Covenant the Writ of Covenant is brought by the Cog∣nizee against the Cognizour, who thereupon yeeldeth to passe the Fine before the Judge, and so the acknowledgement being recorded, the Cognizour and his Heirs are presently concluded, and all strangers not excepted, after five years once passed. If the Writ whereup∣on the Fine is grounded, be not a Writ of Co∣venant, but of Warrantia chartae, or a Writ of right, or a Writ of mesn, or a Writ of Custome and Services (for all these Fines may also be founded. (West. ubi supra, sect. 23.) then this form is observed: the Writ is served upon the party that is to acknowledge the Fine, and then he appearing doth accordingly. See Dyer, fol. 179. num. 46.

This word (Fine) sometime signifieth a sum of money, payd for an In-come to Lands or Tenements let by Lease: sometime an amends, pecuniary punishment, or recompense upon an offence committed against the King and his Laws, or a Lord of a Mannor. In which case, a man is said, facere finem de transgressione cum Rege, &c. Register Jud. fol. 25. a. and of the di∣versity of these Fines, with other ma••ter worth the learning, see Cromptons Justice of peace, fol. 141. b. 143.144. and Lamberds Eire∣narcha, libr. 4. cap. 16. pag. 555. But in all these diversity of uses, it hath but one signification; and that is a final conclusion or end of diffe∣rences between parties. And in this last sense, wherein it is used for the ending and remission of an offence, Bracton hath it, lib. 2. cap. 15. num. 8. speaking of a Common fine that the Coun∣ty payeth to the King, for false judgements, or other trespasses, which is to be assessed by the Justices in Eyr before their departure, by the oath of Knights and other good men, upon such as ought to pay it: with whom agreeth the Statute, anno 3 Ed. pri. cap. 18. There is also a Common fine in Leets. See Kitchin, fol. 13. a. v. Common Fine. See Fleta, lib. 1. cap. 48.

Fines pro licentia concordandi, anno 21 H. 8. cap. 1. See Fine.

Fine force, seemeth to come of the French Adjective (fin) and the substantive (force, i. vis. The adjective (fin) signifieth sometime as much as crafty, wily; or subtil; sometime as much, as artificial, curious, singular, exact, or perfect, as Rien contrefa••ct fin, i. nihil simulatum aut ad imitationem alterius expressum, potest esse exactum, vel ita absolutum, quin reprehensionem vel offensionem incurrat, as it is set down in that work, truly regal, intituled 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. pag. 115. so that this (fine force) with us, seemeth to signifie an absolute necessity or constraint, not avoidable, and in this sense it is used, Old nat. br. fol. 78. and in the statute anno 35 H. 8. cap. 12. in Perkins Dower. fol. 321. and Plowden, fol. 94. Coke vol. 6. fol. 111. a.

Fine adnullando levato de tenemento quod fuit de antiquo dominico, is a Writ to Justices, for the disanulling of a fine levied of lands holden in ancient demesn, to the prejudice of the Lord, Regist. orig. fol. 15. b.

Fine capiendo pro terris, &c. is a Writ lying for one, that upon conviction by a Jury, ha∣ving

his lands and goods taken into the Kings hand, and his body committed to prison, ob∣taineth favour for a sum of money, &c. to be re∣mitted his imprisonment; and his lands and goods to be re-delivered unto him. Reg. orig. fol. 142. a.

Fine levando de tenementis tentis de Rege in ca∣pite, &c. is a Writ directed to the Justices of the common plees, whereby to license them to admit of a fine for the sale land, holding in capite, Reg. orig. fol. 167. a.

Fine non capiendo pro pulchre placitando, is a Writ to inhibit officers of Courts to take fines for fair pleading, Reg. orig. fol. 179. See pleder.

Fine pro redisseisina capienda, &c. is a Writ, that lieth for the release of one laid in prison for a re-disseisin, upon a reasonable fine, Reg. original, fol. 222.

Finarie. See Blomarie.

Finours of gold and silver, be those that pu∣rifie, and part those Merals from other coar••er, by fire and water, anno 4 H. 7. cap. 2. They be also called Patters in the same place, some∣time Departers.

Fire-bote, for the composition look Hay-boot. It signifieth allowance or Estovers of Woods, to maintain competent fire for the use of the Tenent.

First fruits (primitiae) are the profits of every Spiritual living for one year, given in ancient time to the Pope throughout all Christendom: but by the statute an. 26 H. 8. cap. 3. translated to the Prince, for the ordering whereof, there was a Court erected, anno 32 H. 8. cap. 45. but this Court was dissolved anno pri. Mar. sess. 2. cap. 10. and sithence that time, though those profits be reduced again to the Crown by the Statute anno 1 Eliz. cap. 4. yet was the Court never restored, but all matters therein wont to be handled, were transferred to the Exehequer. See Annats.

Fishgarth, anno 23 H. 8. cap. 18.

Fitche. See Furre.

Fitzherberd, was a famous Lawyer in the dayes of King Henry the eighth, and was chief Justice of the Common plees, he wrote two wor∣thy Books, one an Abridgement of the Com∣mon Laws, another intituled De Natura Bre∣vium.

FL

Fledwit, cometh of the Saxon word (Fled) that is a fugitive, & (wit), which some make but a termination signifying nothing of it self: how∣beit others say, it signifieth a reprehension, censure or correction: It signifieth in our an∣cient Law a discharge or freedom from amerce∣ments, when one having been an Out-lawed fugitive, cometh to the peace of our Lord the King, of his own accord. Rastal. Exposition of words: or being licensed: New Terms of Law. See Bloodwit, and Childwit: See Fletwit.

Fleet (Fleta) a famous prison in London, so called (as it seemeth) of the River, upon the side whereof it standeth, Cambden Britannia. pag. 317. Unto this none are usually committed, but for contempt to the King and his Laws, or upon absolute commandement of the King, or some of his courts, or lastly upon debt, when men are unable or unwilling to satisfie their Creditours.

Flemeswit, or rather (Flehenswit) cometh of the Saxon word (Flean) which is a contract of (Flegen) that is, to fly away. It signifieth with our Lawyers, a liberty or Charter, where∣by to challenge the Cattel or amercements of your man a fugitive: Rastal, Exposition of words. See Bloodwit. Fleta writeth this word two other wayes, as Flemenes frevie, or Flemes∣freict he, and interpreteth it, habere catalla fugi∣tivorum: lib. 1. cap. 47.

Fleta is a feigned name of a learned Lawyer, that writing a Book of the Common laws of England, and other antiquities in the Fleet, termed it thereof Fleta. He seemeth to have lived in Edward the seconds time, and Edward the thirds, idem lib. 1. cap. 20. §. qui ceperint, lib. 2. cap. 66, §. item quod nul∣lus.

Fletwit aliâs Fredwit, Skene de verborum sig∣nificatione, verb. Melletum, saith, that Flitchtwit is a liberty to Courts, and to take up the amer∣cements pro melletis, he giveth the reason, be∣cause Flitcht is called Flitting, in French Melle, which sometime is conjoyned with hand∣stroke. And in some books, Placitum de mel∣tis is called, the moot or plee of beating or striking.

Flight, see Finer.

Florences, an. 1 R. 3. cap. 8. a kind of cloath so called.

Flotson, aliâs Flotzam is a word proper to the Seas, signifying any goods that by shipwrack be lost, and lye floting or swimming upon the top of the water, which which Jetson and lagon and shares, be given to the Lord Admiral, by his Letters Patents. Jetson is a thing cast out of the Ship, being in danger of wreck, and beaten to the Shore by the waters, or cast on the Shore by the Mariners. Coke vo. 6, fol. 106. a Lagon, aliâs Lagam, vel Ligan, is that which lieth in the bottom of the Sea. Coke ibid. Shares are goods due to more by propor∣tion.

FO

Foder (fodrum) signifieth in our English tongue, a coarse kind of meat for Horses; and other Cattel. But among the Feudists it is used

for a prerogrative that the prince hath, to bee provided of corn and other meat for his horses by his subjects, toward his Warrs or other ex∣peditions. Arnoldus Clapmarius, de arcunis Imperii, lib. 1. cap. 11. And read Hotomaa, de verbis feudalidus, literaf.

Folgheres, or rather Folgers, be followers, if wee interpret the word according to the ••rue signification. Bracton sayth it signifieth, Eos qui alii deserviunt, Lib. tertio, tract. 2. cap. 10.

Folkmoot, is a Saxon word, compounded of Folk, i. populus, and Gemeitan, i. convenire. It signifieth (as M. Lambe••t saith in his expo∣sition of Saxon words, verbo Conventus) two kind of courts, one now called the County court, the other called the Sheriffs Turn. This word is still in use among the Londoners, and signifieth, celebrem ex omni civitate conven∣tum. Stow in his Survey of London. But M. Manwood in his first part of Forest laws, pag. 111. hath these words: Folkemore is the Court holden in London, wherein all the folk and people of the Citie did complain on the Maior and the Aldermen, for mis-government with∣in the City.

Forbarre, is for ever to deprive, anno 9. Rich. 2. ca. 2.

Force (forcia) is a french word, signifying (vim, nervositatem, fortitudin••m, virtutem in our Common law, it is most usually ap∣plyed to the evill part, and signifieth unlaw∣full violence. West. thus defineth it: Force is an offence, by which violence is used to things or persons, parte 2. symbol. titulo, Indict∣ments, Sect. 65. where also he divideth it thus: Force is either simple or compound. Simple is that which is so committed, that it hath no other crime adjoined unto it; as if one by force doe only enter into another mans posses∣sion, without doing any other unlawfull act here. Mixt force, is that violence, which is committed with such a fact, as of it self only, is criminal; as if any by force enter in∣to another mans possession, and kill a man; or ravish a woman there &c. he farther divi∣deth it into true force, and force after a sort, and so proceedeth to divers other branches worth the reading, as forceable entry, forceable detaining, unlawful assembly, Rowtes, Riots, Ro∣bellions, &c.

Forceable det aining or witholding of possession, is a violent act of resistance by strong hand of men weaponed with harness, or other action of fear, in the same place, or elsewhere, by which the Lawful entry of Justices or others, is barred or hindred, West. parte 2. symb. titulo, Inditements. Sect. 65. M. of this see Cromptons Justice of pe. ce. fol. 58. b. &c. usq. ad. 63.

Forcible entrie (Ingressus, mann forti factua) is a violent actuall entry into a house or land, &c. or taking a distresse of any person weapon∣ed, whether he offer violence or fear of hurt to any there, or furiously drive any out of the possession thereof: West. par. 2. symb. titulo, Indictments. sect. 65. L. of this see Cramptons Justice of peace f. 58. b. 59. &c. usq. 63. It is also used for a writ grounded upon the Stat. a••. 8. H. 6. c. 9. wherof read Fiaz. nat. br. at large f. 248. See the new book of Entries, verbo Forcible Entrie. See Lamb. definition in ••emain ••as••••s. Firen. l. 2. ca. 4. pag. 145.

Forem (fa••infocus) commeth of the French (forain, i. exterus, extornus.) it is used adject∣ively in our Common law, and joyned with divers substantives in senses not unworthy the exposition, as Forain matter, that is matter triable in another County, pl. co. fol. 154. or matter done in another County. Kitchin, fol. 126. For. inplea, (forinsecum placi••um) is a refusall of the Judge as incompetent, because the matter in hand was not within his pre∣cincts: Kitchin fo. 75. & an. 4. H. 8. cap. 2. & anno 22 ejusdem, cap. 2. &. 14. Forein an∣swer, that is, such an answer as is not triable in the County where it is made, an. 15. Han. 6. ca. 5. Forein service (forinsecum servitium) that is, such service, whereby a mean Lord holdeth over of another, without the com∣pasie of his own fee. Broke••titulo Tenur••••, fo. 251. num. 12. et 28. et Kitchin fol. 209. or else that which a Tenent performeth either to his own Lord, or to the Lord paramount one of the fee. For of these services Bracton speak∣eth thus: lib. 2. cap. 16. n••. 7. Item su••t que∣dam forvitia, quae dicuntur forinsoca, 〈◊〉〈◊〉 sunt in charta de feoff mento expressa et nomina∣ta: et quae ideo dici possut forinfeca, quia perti nent ad Dominum R••gem, et non ad Dominum capitalem, nisi cum in propria persona profectus fuerit in servi••i••: volnisi cum pro servitio suo satisfecerit domina Regi quocu•• que modo, et fiunt 〈◊〉〈◊〉 certis temporibus; cum casus et necessitas evene∣••it, et varia habent nomina et divorsa: Quan∣do•• enim vominantur fori••s••••a, Largè sumpto vocabitlo, quo ad sorvitium Domint Regis; quan∣doque scutaginm, quandoque servitium Domini Regis, et ideo forinsecum dici potest, quia st at capitur foris, sive extra servitium quod fit Domino capitali. v. Brooke, Tavuras 28.95. Fore in service seemeth to be Knights service, or Es••uage uncertain. P••rkins Reservation 650. Forein attachment, Attachiamentum forinsoeum, is an attachment of foreiners goods found within a Liberty or City for the satisfaction of some Ci∣tised to whom the said foreiner oweth money.

Forein apposer, (forinsecarum oppositor) is an officer in the Exchequer, to whom all She∣riffs and Bayliffs doe repair, by him to be op∣posed of their green waxe, and from thence draweth down a charge upon the Sheriff and Bayliff to the Clerk or the pipe.

Forest (foresta) is a French word signifying a great or vast wood. Lieu forestier et sau∣vage: locus-sylvestris et saltuosus. The wri∣ters upon the Common law define it thus: Foresta est locus ubi ferae inhabitant vel includun∣tur. Gloss. in ca. cum dilecti. extra. de donatio, et Felinus in cap. Rodulphus, versu, quid an∣tem foresta. extra de rescriptis, speaketh to the same effect. Some other writers doe say it is called foresta, quasi ferarum statio, vel tuta mansio ferarum. But as it is taken with us, M. Manwood, in his second part of Forest Lawes, ca. 1. nu. 1. thus defineth it: A fo∣rest is a certain territory of woody grounds and fruitfull pastures, privileged for wilde beasts, and fouls of forest, chase, and warren, to rest and abide in in the safe protection of the King, for his princely delight and pleasure: which territory of ground so privlieged, is meered and bounded with unremoveable markes, meers, and boundaries, either known by matter of record, or else prescrip∣tion, and also replenished with wild beasts of Venery, or chase, and with great coverts of vert, for the succour of the said wilde beasts, to have their aboad in: for the preservation and continuance of which said place, together with the vert and venison, there are certain particular laws, privileges, and officers be∣longing to the same, meet for that purpose, that are only proper unto a Forest, and not to any other place. The same definition he hath, parte 1. pa. 139. which though it have many su∣perfluities, yet it well expresseth the nature of the thing, especially the explication adjoyned, which there is set down by the said Author in both places, in his first part, pag. 16. where he fetcheth a forest from such overgrown anti∣quitie, alleging for it the 2 book of Kin. ca. 2. ver. 24. & ca. 19. ver. 23. and the 104 Psalm, vers. 20. the 131. vers. 6. hee taketh license to sport himself; for though our Eng∣lish translation have the word Forest, to ex∣presse the vastnesse of the desart; yet if we look to the original idiome, wee shall find no more reason to call those places forests, than either chases or parks.

The manner of making forests, as the same Author well setteth down, parte 1. pag. 142. is this: The King sendeth out his Commis∣sion under the broad Seal of England, directed to certain discreet persons, for the view, per∣ambulation, meering and bounding of the place that he mindeth to afforest. Which re∣turned into the Chancery, proclamation is made throughout all the shire where the ground lieth, that none shall hunt or chase a∣ny manner of wild beasts within that precinct, without the Kings speciall license, after which he appointeth ordinances, lawes & officers, fit for the preservation of the vert & venison: & so becometh this a forest by matter of record. The properties of a forest are these in speciall: first a forest as it is truly & strictly taken cannot be in the hands of any but the King: the reason is gi∣ven by M. Manwood, because none hath pow∣er to grant commission to be a justice in Eire for the forest, but the King, par. 1. pag. 87. The second property be the Courts, as the Justice sent every three years, the Swainmoot thrice every year, Idem eod. pag. 90. et parte 2. ca. 1. nu. 4. et 5. and the attachment once every for∣ty dayes, Idem eod. pag. 92. The third pro∣perty may be the officers belonging unto it, for the preservation of the vert and venison, as first the Justices of the forest, the Warden or Keeper, the Verders, the Foresters, Agist∣ours, Regarders, Bayliffs, Bedels, and such like, which you may see in their places, See Manwood, parte 2. ca. 1. nu. 4. & 5. But the chief property of a Forest, both by Master Man∣wood parte 1. pa. 144. and Master Crompton, pa. 146. is the Swainemore? which, as they both agree, is no lesse incident unto it, than the court of Pye owders to a Fair. Other Courts and Offices are not so requisite, in those forests that are in the hands of subjects, because they be not truly forests. But if this fail, then is there nothing of a forest remain∣ing but it is turned into the nature of a Chace. See Chace. I read of thus many forests in Eng∣land: The forest of Windsor in Berkshire, Cambd. B••it. pag. 213. of Pickering, Crompt. 190. of Shirwood, idem, fol. 202. of Engle∣wood in Cumberland, an. 4. Hen. 7. ca. 6. and Crompton fol. 42. of Lancaster, idem, fol. 196. of Wolmore, Stowes Annals, pa. 462. of Gilling∣ham, idem, pa. 113. Knaresborow, an 21. H. 8. c. 17. of waltham, Cambd. pa. 328. of Breden, idem, pag. 176. of Whitehart, idem, p. 150. of Wiersdale, idem pa. 589. & Lownesall, ibidem. of Deane, idem, pa. 266 & an. 8. H. 6. c. 27. & an. 19. Hen. 7. ca. 8. of Saint Leonards in South∣sex, Manwood parte 1. pa. 144. of Waybridge and Sapler, Idem, codem, pa. 63. of Whitvey, pa. 81. Of Fekenham, Camden pa. 441. of Rockingham, idem, pag. 396. Forest de la mer, idem, pag. 467. of Huckstow, idem, pag. 456. of Hay, Manwood parte 1. pa. 144. of Cant∣s••lly, eadem pag. of Ashdowne in the County

of Sussex, an. 37. H. 8. ca. 16. Forests of Whit∣tilwood and Swasie in the County of North∣ampton, an. 33. H. 8. cap. 38. Of Fronsel∣wood in the County of Somerset, Coke li. 2. Cromwels case, fo. 71. b. I hear also of the fo∣rest of Exmore in Devonshire. There may be more, which he that listeth may look for.

Forester (forestarius) is a sworn officer of the forest, appointed by the Kings letters pa∣tents to walk the forest both early and late-watching both the vert and the venison, at∣taching and presenting all trespassers against them, within their own bayliwick or walk: whose oath you may see in Crompton, fo. 201. And though these letters parents bee ordina∣tily granted, but quam diu bene se gesserint, yet some have this grant to them and their heirs, and thereby are called Foresters or fost∣ers in fee: Idem fol. 157. & 159. and Man∣wood parte 1. pag. 220. whom in Latine Cromp∣ton calleth Foresta rium feudi fo. 175.

Fore-judger, (forisjudicatio) signifieth in the Common law, a Judgement, whereby a man is deprived, or put by the thing in quest∣ion. It seemeth to be compounded of fors, i. praeter, and juger, i. ••udicare. Bracton, lib. 4. tract. 3. cap. 5. hath these words: Et non permittas quòd A. capitalis dominus feudi illius, habeat custodiam haeredis, &c. quia in Curia nostra forisjudicatur de custodia, &c. So doth Kitchin use it, fol. 29. and Old nat. brev. fol. 44, and 81. and the Stat. An. 5. E. 3. c. 9. & an. 21 R. 2. c. 12. Forjudicatus with Authors of o∣ther nations signifieth as much as Banished, or as Deportatus in the antient Roman law, as ap∣peareth by Vincentius de Franchis, descis. 102. Mathaeus de Afflictis, l. 3 feud. Rub. 31. p. 625.

Foregoers be Purveyors going before the King or Queen being in progresse, to provide for them, anno 36. Ed. 3. c. 5.

Forfeiture (forisfactura) commeth of the French word Forfaict, i. scelus: but signifieth in our language, rather the effect of trans∣gressing a penall Law, than the transgression it self, as forfeiture of Eschears, anno 25 E. 3. ca. 2. statut. de Proditionibus. Goods con∣fiscate, and goods forfeited differ, Staw. pl. Co. f. 186. where those seem to be forfeited that have a known owner, having committed any thing whereby he hath lost his goods; and those confiscate, that are disavowed by an of∣fendor as not his own, nor claimed by any o∣ther. I think rather, that forfeitute is more general, and confiscation particular, to such as forfeit onely to the Princes Exchequer. Read the whole chapter, li. 3. ca 24. Full for∣feiture, plena forisfactura otherwise called plena vita, is forfeiture of life and member, and all else that a man hath. Manwood parte 1. p. 341. The Canon Lawyers use also this word, For forisfactura sunt pecuniariae pocnae de∣linquentium. Glos. in c. Presbyteri. extrade poenis.

Forfeiture of mariage (forisfactura mari∣tagii) is a writ lying against him, who holding by Knights service, and being under age and unmarried, refuses her, whom the Lord offereth him, without his disparage∣ment; and marrieth another. Fitz. nat. br. fo. 141. H. I. K. L. Register original. fol. 163. b.

Forseng, quietantiam prioris prisae designat: in hoc enim delinquunt Furgenses Londonenses, cum prisas suas ante prisas regis faciunt. Fleta. lib. 1. ca. 47.

Forgery see here next following, Forger of false deeds.

Forger of false deeds cometh of the French Forger, i. accudere fabricare, conflare, to beat on an anvile, to fashion, to bring into shape; and signifieth in our Common law, either him that frandulently maketh and publisheth false writings, to the prejudice of any mans right, or else the writ that lieth against him that committeth this offence. Fitz. nat. br. fo. 96. b, c, calleth it a writ of Deceit. See Terms of Law, verbo Forger, and Wests Symb. parte 2. Indictments, Sectio 66. See the new book of Entries, verbo Forger. de faits. This is a branch of that which the Civilians call Cremen falsi, Nam falsarius est, qui decipiendi causa sc••ipta publica falsificat. Speculator. de crimine falsi. Falsicrimen propriè dicitur, quod utilitatis privatae causa factum est. Connanus, li. 5. ca. 7. nu. 4. Ad esse falsitatis tria requir untur: mutatio veritatis, dolus, & quod alteri sit noci∣vum. Quorum si alterum desit falsitas non est pu ibilis. Hostiensis, et Azo in suis sum∣mis.

Forister. See Forester.

Formdon (Breve formatum donationis) is a writ that lyeth for him, that hath right to any ands or tenements by vertue of any entail, growing from the Statute of Westm. 2. cap. 1. It lyeth in three sorts, and accordingly is cal∣ed; forma donations, or formdon in the descend∣er, formdon in the reverter, or formdon in the remainder. Formdon in the descender lyeth for the recovery of lands, &c. given to the one and the heirs of his body, or to a man and his wife, and the heirs of their two bodies, or to a man and his wife being Cosin to the Donour, in franck, mariage, and afterward alienated by the Donee. For after his decease his heire shall have this writ against the renent or alie∣nee. Fitz. nat. br. fol. 211. He maketh

three sorts or this formdon in the descender: The first is, in the manner now expressed: The second is, for the heir of a Coparcener, that alienateth and dyeth, fo. 214. the third is called by him (In simul tenuit) fol. 216. which lieth for a Coparcener or heir in Gavel∣kind, before partition, against him, to whom the other Goparcener or heir hath alienated and is dead. Formdon in the Reverter, lyeth for the Donour or his heirs, where land en∣tailed to certain and there issue, with condi∣tion for want of such issue to revert to the Do∣nour and his heirs, against him to whom the Donee alienateth, after the issue extinct, to which it was entailed, Fitz. nat. br. fol. 219. Formedon in the remainder lyeth where a man giveth lands in tail, the remainder to a∣nother in tayl, and afterward the former te∣nent in tail dyeth without issue of his body, and a stranger abateth, then he in the re∣mainder shall have this writ. Fitz. nat. br. f. 217. See the Register original, fol. 238, 242, 243. Of this, see the new book of Entries, verb. Formdon.

Forsechoke, seems to signifie originally as much as forsaken, in our modern language, or derelictum, with the Romans. It is especi∣ally used in one of our Statutes, for land or tenements seised by the Lord, for want of ser∣vices due from the tenent: and so quietly held and possessed beyond the year and day. As if wee should say, that the tenent which seeing his land or tenements taken into the Lords hand, and possessed so long, taketh not the course appointed by law to recover them, doth in due presumption of Law disavow or forsake whatsoever right he hath unto them. See the Statute, anno 10. Edward. 1. cap. u∣nico.

Forstall, is to be quit of amerciaments and cattels arrested within your land, and the a∣merciaments thereof comming. New terms of law.

Forstalling (forstallatio) is partly French, for (estaller is in that tongue, as much as (merces exponere, expedice, explicare) or to shew wares in a Market or Fair. It signifieth in our Common law, the buying or bargain∣ing for any victuals or wates comming to be sold toward any Fair or Market, or from be∣yond the Seas toward any City, Port, Haven, Creek, or road of this Realm, and before the same be there, anno 51. H. 3. stat. 6. West. parte 2. Symbol. titulo indictments, sect. 64. Forstaller, in Crompton•• Jurisdiction fol. 153. is used for stopping of a Deer broker out of the Forest, from returning home again, or laying between him and the Forest, in the way that he is to return: See Regratours and Engrossers. See Cromptons Ju∣stice of peace, fol. 69. a. The Author of the new terms of Law defineth it thus. Forstalling (Forstallamentum) is the buying of Corn, Cat∣tell, or other Merchandise by the way as it cometh toward the Fair or Market to be sold, to the intent to sell the same again at a more high and deer price. Fleta saith thus of it, significat obtrusionem viae vel impedimentum transitus & fugae averiorum. lib. 1. cap. 47.

Fortescue was a learned Lawyer, and Lord Chanceller in Henry the 6. daies; who writ a book in the commendation of our Common Laws.

Fortlet (forte letum) cometh neer the French (fortlet, i. valenticulus, forticulus) and signifieth in our Common law, a place of some strength, Old. nat. br. fol. 45. This in other Countries is written (fortalitium) and signifi∣eth (castrum.) Scraderus select. & practabil. quaest. sect. 12. num. 7, & 8.

Fother, is a weight of twenty hundred, which is a wain or cart load. Speight in his An∣not. upon Chawcer.

Fourche (Afforciare) seemeth to come of the French (Fourchir, i. ti••ubare lingua) and signifieth in our Common law, a putting off, prolonging, or delay of an action. and it appeareth no unpleasant Metaphor: for as by stammering, we draw out our speech, not delivering that wee have to say in ordinary time, so by fourching wee prolong a sute that might be ended in a shorter space. To fourch by essoin, Westm. 1. cap. 24. anno 3. Edw. pri. where you have words to this effect: Copar∣ceners, Jointenants, and Tenents in common, may not fourch by essoin, to essoin severally, but have only one essoin, as one sole tenent may have. And anno 6. Edw. 1. ca. 10. You have it used in like sort.

Foutgeld, is a word compounded of these two German words (fous, i. pes) and (gyldan, i. solvere) and it signifieth an amercement for not cutting out the balls of great dogs feet in the Forest. See Expeditate. And to be quit of footgeld is a privilege to keep dogs within the Forest, unlawed, without punishment or controlement, Cromptons Jurisd. fol. 197 Manwood parte pri. of his Forest Laws, pag. 86.

Fowles of warren. See Warren.

Founder, is he that melteth metal, and maketh any thing of it by casting it into a mould, &c. anno 17. Rich. 2. cap. 1. derived of the verb (fundere) to powre.

FR

Franthise (libertas, franchesia) cometh of the French (franchise) so signifying: it is ta∣ken

with us for a privilege, or an exemption from ordinary jurisdiction, and sometime an immunity from tribute. It is either personall or reall, Crompt. Jurisd. fol. 141. that is be∣longing to a person immediately, or else by means of this or that place, or Court of im∣munity, whereof he is either chief, or a mem∣ber. In what particularly things franchises commonly consist, See Britian, cap. 19. Fran∣chise royall anno 15. R. 2. ca. 4. et anno 2. H. 5. cap. 7. in fine, seemeth to be that, where the Kings writs run not: as Chester and Dur∣ham, they are called Seignories royal, anno 28. H. 6. cap. 4. The author of the new Terms of law, saith that franches royal is, where the King granteth to one and his heirs that they shall be quit of tolle or such like: See fran∣chise in the new book of Entries. See Bracton, lib. 2. cap. 5. See Sac.

Frank almoin (libera Eleemozyna) in french (frank Ausmone) signifieth in our Common law, a tenure or title of lands. Britton cap. 66. num. 5. saith thus of it: Frank almoyne is lands or tenements bestowed upon God, that is, given to such people, as bestow themselves in the service of God, for pure and perpetual almes: whence the Feoffours or givers cannot demand any terrestiall service, so long as the lands, &c. remain in the hands of the Feof∣fees. With this agreeth the grand Costumary of Normandie, cap. 32. Of this you may read Bracton at large, lib. 2. cap. 5. & 10. See Fitzh. nat. br. fol 211. See the new book of Entries, verbo, Frank almoin. But Britton maketh another kind of this land, &c. which is given in almes, but not free almes: be∣cause the tenents in this are tyed in certain services to the Feoffour, Britton ubi supra.

Frank bank (francus bancus) in true french (franc bank signifieth, word for word, a free bench or seat: and among our Law-writers it seemeth to be used for Copyhold lands, that the wife being espoused a virgin, hath after the decease of her husband for her dower, Kitchin fol 102. Bracton lib. 4. tract. 6. cap. 13. nu. 2. hath these words: Consuetudo est in par∣tibus illis, quod uxores maritorum defunctorum habeant francum bancum suum de terris sock∣maxnorum, et tenent nomine dotis, Fitz. calleth it a custome, whereby in certain Cities the wife shall have her husbands whole lands, &c. for her dower, Nat. br. fol. 150. P. See Plow∣den casu Newis fol. 411.

Frank chase (Libera chasea) is a liberty of feee chase, whereby all men having ground within that compasse, are prohibited to cut down wood, or discover, &c. without the view of the Forester, though it be his own Demesn, Cromptons Jurisdictions, fol. 187.

Frank fee (feudum francum, seis liberum) is by Broke tit. Demesn. num. 32. thus expressed: That which is in the hand of the King or Lord of any Mannor, being antient demesn of the Crown (viz. the Demesns) is called frank fee, and that which is in the hands of the te∣nents, is ancient demeasn only: see the Register orign. fol. 12. a. Whereby it seem∣eth, that that is frank fee, which a man hold∣eth at the Common law to himself and his heirs, and not by such service as is required in antient demesn, according to the custome of the mannor. And again I find in the same book fol. 14. b. a note to this effect, that the lands which were in the hands of King Ed∣ward the Saint, at the making of the book called Doomesday, is antient demesn: and that all the rest in the Realm is called frank fee: with the which note Fitzherb. agreeth, nat. br. fol. 161. E. So that all the land in the Realm, by this reason, is either antient de∣mesn, or frank fee. The new expounder of the Law terms defineth frank fee, to be a te∣nure in fee simple, of lands pleadable at the Common law, and not in antient demesn: See Fachineus, li. 7. c. 39. who defineth it feu∣dum francum esse, pro quo nullum servitium praestatur Domino: with whom agreeth Zasius de feudis parte 12. saying, that therefore it is fedum improprium, quia ab omni fervitio libe∣rum.

Frank ferme (firma libera) is land or tene∣ment, wherein the nature of fee is changed by feofment, out of Knights service, for cer∣tain yearly services, and whence neither ho∣mage, wardship, mariage, nor relief may be demanded, nor any other service not con∣tained in the feo ment. Britton ca. 66. num. 3. see Fee ferme.

Frank law (libera lex) See Cromptons Just∣ice of peace, fol. 156. b. where you shall find what it is, by the contrary. For he that for an offence, as conspiracie, &c. leeseth his frank law, is said to fall into these mischiefs: first, that he may never be impaneled upon any jury, or assise, or otherwise used in testifying a∣ny truth. Next, if he have any thing to doe in the Kings Court, he must not approach thi∣ther in person, but must appoint his Atturney, Thirdly, his lands, goods, and chattels must be seised into the Kings hands: and his lands must be estreaped, his trees rooted up, and his body committed to prison. For this, the said Author citeth the book of Assises 2 fol. 59. Conspiracy. F. 11.24 Edw. 3. fol. 34. See Conspiracy.

Frank marriage (liberum maritagium) is a

tenure in tail speciall, growing from these words in the gift comprised: Sciant &c. me M. H. de W. dedisse & concessisse, et praesenti charta mea confirmasse I. A. filio meo, & Margeriae ux∣ori ejus, filiae verae T. N. in liberum maritagi∣um unum messuagium, &c. West. parte 1. Symb. li. 2. sect. 303. The effect of which words is, that they shall have the land to them, and the heirs of their bodies, and shall doe fealty to the donour, untill the fourth degree. Se new terms of law. Glanvile li. 7. ca. 18. & Bracton li. 2. ca. 7. num. 4. where he divideth maritagium, in liberum & servitio obligatum. See Marriage. Fleta giveth this reason why the heirs doe no service untill the fourth de∣scent, ne donatores vel eorum haeredes per homa∣gum receptionem, à reversione repellantur. And why in the fourth descent and downward, they shall do service to the donour, quia in quarto gradu vehementer praesumiter, quod terra non est pro defectu haeredum donatariorum reversura, li∣bro tertio. ca. 11. in princ.

Frank pledge (franciplegium is compounded of (frank, i. liber) and (pleige, i. fidejussor) and signifieth in our Common law, a pledge or surety for free-men. For the antient custome of England for the preservation of the publike peace, was, that every free born man, at four∣teen yeeres of age, after Bracton (religious per∣sons, Clerks, Knights, and their eldest sonnes excepted) should find surety for his truth to∣ward the King and his subjects, or else be kept in prison, whereupon a certain number of neighbors became customably bound one for another, to see each man of their pledge forth comming at all times, or to answere the trans∣gression committed by any broken away. So that whosoever offended, it was forthwith inquired in what pledge he was, and then they of that pledge, either brought him forth within 31. daies to his answer, or satisfied for his offence. This was called Frank pledge, causa qua supra, and the circuit thereof was called Decenna, because it commonly consist∣ed of 10. housholds: And every particular person thus mutually bound for himself and his neighbours, was called Decennier, because he was of one Decenna or another: This custom was so kept, that the Sheriffs, at every county court, did from time to time take the oaths of young ones, as they grow to the age of 14 years, and see, that he were combined in one dozen or another whereupon this branch of the She∣riffs authoritie was called visus Franciplegii, view of Frank pledge, See the stat. for view of Frank pledge made an. 18. E. 2. See Decennier, Leetview of Frank pledge, & Freoborghe. That this discipline is borrowed by us of the Roman Emperours, or rather Lombards, appeareth most manifestly in the second book of Feuds, ca. 53. upon which if you read Hotoman, with those Authors that hee there recordeth, you will think your labour well bestowed. Read more of this, viz. what articles were wont to be in∣quired of in this Court, in Horns mirrour of Justices, lib. 1. ca. de la veneu des francs ple∣ges, and what these articles were in antient times, see in Fleta lib. 2. cap. 52.

Fredwit. See Fletwit.

Free chapel (libera Capella by some opi∣nion, is a Chapel founded within a Parish for the service of God, by the devotion and liberality of some good man, over and above the mother Church, unto the which it was free for the parishioner••, to com, or not to come, & endowed with maintenance by the founder & thereupon called free: I have heard others say, and more probably, that those only be free Chapels, that are of the Kings foundati∣on, and by him exempted from the Jurisdict∣ion of the Ordinarie: but the King may li∣cense a subject to found such a Chapel, and by his Charter exempt it from the Ordinaries visitation also. That it is called free in respect it is exempted from the Jurisdiction of the Diocesan, appeareth by the Register original, fol. 40. & 41. These Chapells were all given to the King: with chaunteries, anno 1. Edw. 6. ca. 14. Free chapell of Saint Martin le grand. an. 3. Ed. 4. capite quarto, et an. 4. E. quarti c. 7.

Free hold (liberum tenementum) is that land or tenement, which a man holdeth in fee, fee tail, or at the least, for term of life, Bract. lib. 2. ca. 9. The new ex∣pounder of the Law terms saith, that freehold is of two sorts. Freehold in deed, and free∣hold in law: Freehold in deed, is the real possession of land or tenements in fee, fee tai•• or for life. Freehold in law, is the right that a man hath to such land or tenements before his entry or seisure. I have heard it like∣wise extended to those offices, which a man holdeth, either in fee, or for term of life. Britton defineth it to this effect. Franck tene∣ment is a possession of the soil, or services issuing out of the soil, which a free man holdeth in fee to him and his heirs, or at the least, for term of his life, though the soil be charged with free services or other, cap. 32. Freehold is sometime taken in opposition to villenage. Bract. lib. 4.37. & 38. M. Lam∣berd (in his explication of Saxon words, verbo Terra & scripto) saith, that land in the Sax∣ons time was called either Bockland, that is holden by book or writing: or Folcland, that is holden without writing: The former he

reporteth, was held with farre better conditi∣ons, and by the better sort of tenents, as No∣ble-men and Gentlemen, being such as we now call free hold: the later was commonly in the possession of clowns, being that which wee now call at the will of the Lord: I find in the Register judiciall, fol. 68. a. and in divers other places, that hee which holdeth land up∣on an execution of a Statute Merchant, untill he be satisfied the debt, tenet ut libe um tene∣mentum sibi & assignatis suis, and fol. 73. b. I read the same of a tenent per elegit; where I think the meaning is not, that such tenents be free-holders, but as free-holders for their time, that is, untill they have gathered profits to the value of their debt. Freeholders in the antient Laws of Scotland, were called Milites. Skene de verb. signif. verb. Milites: The D. and Student saith, that the possession of land, after the law of England is called frank tenement, or freehold. fol. 97. a.

Frenchman (Francigenia) was wont to be used for every outlandish man. Bracton, li. 3. tract. 2. cap. 15. See Englerecy.

Frendwite, vel Infeng. significat quietantiam prioris prisae ratione convivii, Fleta, lib. 1. cap. 47.

Frendles man, was wont to be the Saxon word for him, whom wee call an out-law. And the reason thereof I take to be: because hee was upon his exclusion from the Kings peace and protection, denied all help of frien as after certain dayes. Nam forisfecit amicos. Bract. lib. 3. tract. 2. ca. 12. nu. 1. whose words are these. Talem vocant Angli (utlaugh) & alio nomine antiquitus solet nominari, sc: Frend∣les man: & sic viaetur quod foris fecit amicos: & unde si quis talem post utlagariam & expulsio∣nem scienter paverit, receptaverit, vel scienter communicaverit aliquo modo, vel receptaverit, vel occultaverit, eâdem paenâ puniri debet, quà puni∣retur utlagatus: ita quòd careat omnibus bonis suis & vita, nisi Rex ei parcat de sua gratia.

Fresh disseisin (Frisca disseisina) cometh of the french (Fraiz. i. recens) & disseisir i. possessione e••cere) It seemeth to signifie in our Comon law, that disseisin that a man may seek to defeat of himself & by his own power, without the help of the king or Judges, Britton. c. 5. and that such desseisin, as is not above 15. dayes old. Bract. lib. 4. cap. 5. whom you may read at large of this matter, concluding that it is ar∣bitrarie, and so doth Britton, ca. 65. but ca. 43. he seemeth to say, that in one case it is a year. See him also, ca. 44.

Fresh fine, is that which was levied within a year past, West. 2. ca. 45. an. 13. Ed. 1.

Fresh force (frisca fortia) is a force done within forty dayes, as it seemeth by Fitzh. nat. br. fol. 7. C. For if a man be disseised of any lands or tenements, within any City or Borough, or deforced from them after the death of his Ancestor, to whom hee is heir: or after the death of his tenent for life or in tail: he may within forty dayes after his title accrued, have a Bill out of the Chancerie to the Maior, &c. See the rest.

Fresh sute recens insecutio) is such a present and earnest following of an offendour, as ne∣ver ceaseth from the time of the offence com∣mited or espied, untill he be apprehended. And the effect of this, in the pursure of a Fe∣lon, is, that the partie pursuing shall have his goods restored him again: whereas otherwise they are the kings. Of this see Stawnf. pl. cor. li. 3. ca. 10. & 12. where you shall find hand∣led at large what sure is to be accounted fresh, and what not. And the same Author in his first book, cap. 27. saith, that fresh sute may continue for seven years. See Cokes reports, lib. 3. Rigew. i••s case. Fresh sute, seemeth to be either within the view or without: for M. Manwood saith, that upon fesh suit within the view, Trespassers in the Forest may be at∣tached by the officers pursuing them, though without the limits and bounds of the Forest, parte 2. cap. 19. num. 4. fol. 121.

Froborgh, alias Fridburgh, alias Frithborg (Frideburgum) cometh of two Saxon words (Freo, i. liber, ingenuns) and (borgh, i. fidejussor) or of (Frid, i. pax, and (Borgha, 1. sponsor) this is otherwise called after the french (Frank pledge) the one being in use in the Saxons time, the other sithence the Conquest: where∣fore for the understanding of this, read Franck pledge. That it is all one thing, it appeareth by M. Lamberd in his explication of Saxon words, verbo Centuria? And again in the laws of king Edward, set out by him, fol. 132. in these words: Praeterea est quaedam summa et maxima securitas, per quam omnes statu firmis∣simo sustinentur: viz. ut unusquisque stabiliat se sub fidejussionis securitate, quam Angli vocant (Freeborghes) soli tamen Eboracenses, dicunt e∣andem Tienmannatale) quod sonat latine decem hominum numerum. Haec securitas hoc modo fiebat, quod deomnibus villis totius regni sub de∣cennals fidejussione debebant esse universi: ita quod si unus ex decem forisfecerit, novem ad rectum eum haberent: quod si aufugeret, daretur lege terminus ei 31. dierum: ut quaesitus interim & inventus, ad justitiam Regis adduceretur, & de suo illico restauraret damnum quod fecerat. Etsi ad hoc forisfaceret, de corpore suo, justitia fie∣ret. Sed si infra praedictum terminum invenire non posset, &c. as in the book: Bracton maketh

mention of (Fridburgum) lib. 3. tract. 2. cap. 10. in these words: Archiepiscopi, Episcopi, Comites, & Barones, & omnes qui habent Soc, & Sak, Tol, & Team, & hujusmodi libertates, milites suos & proprios servientes, armigeres sc. dapiferos, & pin∣cernas, camerarios, coquos, pistores, sub suo Frid∣burgo habere debent. Item & isti suos Armige∣ros, & alios sibi servientes. Quod si cui forisfe∣cerint, ipsi domini sui habeant cos ad rectum, & si non habucrint, solvant pro cis forisfacturam. Et sic observandum erit de omnibus aliis, qui sunt de alicujus manupastu. Out of these words, I learn the reason, why great men were not combined in any ordinary Dozeine, and that is, because they were a sufficient assutance for them∣selves, and for their menial servants: no lesse than the ten were one for another in ordinary Dozeins. See Frank pledge: See Skene de ver∣borum significatione verb. Freiborgh. Fleta writeth this word (Fruhborgh) and useth it for the principal man, or at the least, for a man of every Dozein. Frithborgh (saith he) est laudabilis homo testimonit liber vel servus, per quem omnes juxta ipsum commorantes firmior•• pace sustententur sub stabilitate fidejussionis ejus vel alterius per denarium numerum, unde quilibet quasi plegius alterius: ita quod si unus feloniam fe∣cerit, novem tenentur ipsum ad standum recto prae∣sentare. Lib. 1. cap. 47. sect. Frithborgh. See Roger Hoveden, parte poster. suorum annal. in Henrico se∣cundo, fol. 345. a.b.

Frier frater) cometh of the French (frere) there be four orders reckoned of them, anno 4 H. 4. cap. 17. viz. Minors, Augustines, Preachers, and Carmelices, the four principal orders, of which the rest descend. See in Zechi∣us de Repub. Ecc. pa. 380. Look Linwood titule de relig. domibus, cap. 1. verbo, Sancti Augu∣stin.

Frier observant (frater observans) is an or∣der of Franciscans: for the better understand∣ing or whom, it is to be noted, that of those four orders mentioned in the word (Frier) the Franciscans, are minores tam Observantes quam conventuales & Capuchini. Zecchus de Repub. Eccl. tract. de regular. cap. 2. These Friers observants, you find sooken of anno 25 H. 8. cap. 12. who be called observants, be∣cause they are not combined together in any Cloyster, Covent, or Corporation, as the con∣ventuals are: but onely tye themselves to ob∣serve the Rites of their Order, and more strict∣ly than the Conventuals do: and upon a singu∣larity of zeal, separate themselves from them, living in certain places, and companies of their own chusing. And of these you may read Hospinian de orig. & progress. Monachatus. fol. 878. cap. 38.

Friperer, is taken from the French (fripier) interpolator, one that scowreth up and cleanseth old apparel to sell again. This word is used for a bastardly kind of broken, anno 1 Jacob. cap. 21.

Frithborgh. See Freeborgh.

Frithsoken, signifieth surety of defence, as Saxon saith in the description of England, cap. 12. It seemeth to come of these two Saxon words, frith, or frid, or (fred, i. pax) and (soken, i. quaerere) Fleta tearmeth it frithsokne, vel for∣sokne, yeelding this reason, Quòd significat li∣b••rtatem habendi franci plegii.

FU

Fuer (fuga) cometh of the French (fuir, i. fugere) though it be a verb, yet it is used sub∣stantively in our Common law, and is twofold: fuer in feit, (in facto) when a man doth appa∣rently and corporally flye, and fuer in ley, (in lege) when being called in the County, he ap∣peareth not until he be out-lawed: for this is flight in interpretation of Law. Stawnf. pl. cor. lib. 3. cap. 22.

Fugitives goods, (bona fugitivorum) be the proper goods of him that flyeth upon Felony, which after the flight lawfully found, do belong to the King. Coke vol. 6. fol. 109. b.

Furlong, (ferlingum terrae) is a quantity of ground containing twenty Luggs or Poles in length, and every Pole sixteen foot and a half, eight of which Furlongs make a Mile, Anno 35 Edward. prim. cap. 6. It is otherwise the eighth part of an Acre. See Acre. In the former signification the Romans call it (stadi∣um,) in the larter (jugerum.) This measure which we call a Pole, is also called a Perch, and differeth in length according to the cu∣stome of the Countrey. See Perch.

Furre (furrura) cometh of the French (four∣rer, i. pelliculare) to line with skinnes. Of Fur I find divers strange kinds in the Statute, anno 24 H. 8. cap. 13. as of Sables, which is a rich Fur of colour between black and brown, being the skin of a beast called a Sable, of quantity between a Pole-cat, and an ordinary Cat, and of fashion like a Pole-cat, bred in Russia, but most and the best in Tartaria. Lucerns, which is the skin of a Beast so called, being neer the bignesse of a Wolf, of colour between red and brown something mailed like a Cat, and ming∣led with black spots, bred in Muscovia and Russia and is a very rich Fur. Genets, that is the skin of a beast so called, of bignesse be∣tween a Cat and a Weezle, mailed like a Cat, and of the nature of a Cat, bred in Spain. Whereof there be two kinds, black, and gray; and the black the more precious Fur, having black spots upon it hardly to be seen. Foines, is of fashion like the Sable, bred in France for

the most part: the top of the Fur is black, and the ground whitish. Mattern, is a beast ve¦ry like the Sable, the skin something coarser it liveth in all Countries that be not too cold, as England, Ireland, &c. and the best be in Ire∣land. Miniver, is nothing but the bellies of Squirels, as some men say: others say, it is a little vermin like unto a Weezle, milk white, and cometh from Moscovie. Fitch, is that which we otherwise call the Pole-cat here in Eng¦land. Shanks, be the skin of the shank or leg of a kind of Kid, which beareth the Fur, that we call Budge. Calaber, is a little Beast, in big¦nesse, about the quantity of a Squirrel, of co¦lour gray, and bred especially in High Germa¦nie.

G

GA

GAbel (gabella, gablum) cometh of the French gabelle, i. vectigal) and hath the same signification among our old Writers, that (gabelle) hath in France, for M. Cambden in his Britannia, pag. 213. speaking of Wallingford hath these words: Continebat 276. hagas, i. domos reddentes novem libras de gablo: and pag. 228. of Oxford these: Haec urbs reddebat pro te∣lonto & gablo, & aliis consue udinibus per annum Regi quidem viginti libras, & sex sextarios mellis: Comiti verò Algaro decem libras. Gabella (a Cassanaeus defineth it, de consuet. Burgund. pag. 119.) Est vectigal quod solvitur pro bonis mobili∣bus, id est. pro hiis quae vehuntur. distinguishing i. from Tributum, quia tributum est p opriè quod fis co vel Principi solvitur pro rebus immobili∣bus.

Gage, (vaedium) cometh of the French (gager. i. dare pignus, pignore certare) and is it self a French word nothing changed, but in pronun∣ciation. It signifieth with us also, a pawn or pledge, Glanvile, lib. 10. cap 6. where he saith thus: Quandoque res mobiles ponuntur in va∣dium, quandoque res immobiles, and a little after that, thus: Invadtatur res quandoque ad termi∣num, quandoque sine termino. Item quandoque invadiatur res aliqua in mortuo vadio, quandoque non. And from that Chapter to the end of the twelfth in the same book, he handleth this only thing. Though the word (gage) be retained as it is a substantive, yet as it is a verb the use hath turned the G. into W. so as it is oft∣ner written (wage:) as to wage deliverance that is, to give security that a thing shall be de∣livered. For if he that distrained, being sued, have not delivered the Cattel that were distrained, then he shall not onely avow the distresse, but (gager deliverance) i. put in sure∣ty, that he will deliver the Cattel distrained. Fitzh. nat. br. fol. 74. D. & 67. F. whom see also fol. 67. F. G. yet in some cases, he shall not be tyed to make this security: as if the Cattel died in pound. Kitchin, fol. 145. or if he claim a propriety in the Cattel sued for. Terms of the Law. To wage law what it is see in his place, verbo, Law. See Mort∣gage.

Gager deliverance. See Gage.

Gayle. See Gaol.

Gainage, (Wain agium) is ••eer to the French (Gaignage, i. quaestus, lucrum) and signifieth in our Common law, the land held by the baser kind of Sokemen or Villeins. Bracton, lib. 1. cap. 9. where he hath these words, speaking observants: Et in hoc legem habet contra dominos, quòd stare possunt in judicio contra eos de vita & membris propter saevuiam dominorum, vel prop∣ter intolerabilem injuriam. Ut si eos destruant, quòd salvum non possit eis esse Wainagium suum. Hoc autem verum est de illis servis, qui tenent in antiquo dominico coronae. And again, lib. 3. tract. 2. cap. 1. Miles & liber homo non amerci∣abitur nisi secundum modum delicti, secundum quod delictum fuit magnum vel parvum, & sal∣vo contenemento suo: Mercator verò non nisi salva mercandiza sua: & villanus, non nisi salvo Waina∣gio suo. This in West. 1. cap. 6. anno. 3. Ed. prim. is called Gaynure: and again, cap. 17. and in magna charta, cap. 14. it is called Wainage. I find it in the Old nat. br. fol. 117. called Fainor, v.z. in these words: The Writ of Aile was praecipe, &c. quòd reddat unam bovatam terrae, & unam bovatam marisci: and ••he Writ was abated for that the oxegang is alwayes of a thing that lyeth in gainor. I think this word was used of lands usually plowed, because they that had it in occupation, had nothing of it but the profit and fruit raised of it by their own pains, toward their sustenance, nor any other title, but at the Lords will. Gainor again in the same book, fol. 12. is used for a Sokeman, that hath such land in his occupa∣tion. In the 32. Chapter of the Grand Cu∣stumary of Normandie: Gergneurs be ruricolae qui terras eleemozynatas possidem: and Britton useth gainer, for to plow or till, fol. 65. a. & 42. b. West parte 2. symbol. titulo Recoveries, sect. 3. hath these words: A praecipe quòd reddat lyeth not in Bovata marisci, 13 Ed. 3. fol. 3. nor de selione terrae. Edw. 1. for the uncertainty, because a selion, which is a land, sometime containeth an acre, sometime half an acre, sometime more, and sometime 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 minerade, mercatu. 13 E. 3. for they be not in demesn: but in gain, &c. Lastly, in the statute of distresses in the Exchequer, anno 51 Hen. 3. I find these words. No man of re∣ligion, nor other, shall be distreined by his beasts that gain the land.

Galege, (galicae) seemeth to come of the French, (galloches,) which signifieth a certain kind of shoo worn by the Gaules in foul wea∣ther of old times. I find it used for some such Implement, anno 4 Ed. 4. cap. 7. & anno 14. & 15 H. 8. c. 9. where is written plainly, Galoches.

Galingal (cyperus) is a medicinal herb, the nature and diversity whereof is expressed in Gerards Herbal, lib. 1. cap. 22. The root of this is mentioned for a drugge to be garbled, anno 1 Jacob. cap. 19.

Gallihalpens, were a kind of coin forbidden by the statute, anno 3 H. 5. cap. 1.

Galloches. See Galege.

Galls (Gallae) be a kind of hard fruit like a nut, but rounder, growing of the Tree called in Latine (galla) The divers kinds and uses whereof Gerard expresseth in his Herbal, lib. 3. c. 34. This is a drug to be garbled. an. Ja. c. 19.

Gaol (gaola) cometh of the French (Geole, i. ca∣veola) a cage for birds, but is metaphorically used for a prison. Thence cometh (Geolier) whom we call Gayler or Gaoler.

Garbe (Garba) cometh of the French (garbe, altâs, gerbe, i. sascis.) It signifieth with us, a bundle or sheaf of corn. Charta de Foresta, cap. 7. and garba sagittarum, is a sheaf of ar∣rowes. Skene de verb. significat. verbo, Garbae.

Garbling of bow-staves, anno 1 R. 3. cap. 11. is the sorting or culling out the good from the bad. As garbling of Spice, is nothing but to purifie it from the drosse and dust that is mixed with it. It may seem to proceed from the Italian (garbo) that is, finesse, neat∣nesse.

Gard (Custodia) cometh of the French (garde) being all of one signification. It signifieth in our Common law, a custodie or care of defence: but hath divers applications: sometimes to those that attend upon the safety of the Prince, called Yeoman of the Guard: sometime to such as have the education of children under age, or of an Idiot: sometime to a Writ touch∣ing Wardship. Which writs are of three sorts: one called a right of Guard or Ward, in French, droit de gard, Fitzh. nat. br. fol. 139. The second is ejectment de gard, Idem fol. 139. L. The third, is ravishment de gard, Idem fol. 140. F.G. See Gardein, see Ward.

Gardein (Custos) cometh of the French (Gar∣dien) and yet the German (Warden) is neer un∣to it. It ligniheth generally him, that hath the charge or custodie of any person or thing: but most notoriously him, that hath the education or protection of such people, as are not of suffi∣cient discretion, to guide themselves and their own affairs, as Children and Idiots: being in∣deed as largely extended, as both (Tutor and Curator) among the Civilians. For where as Tutor is he, that hath the government of a youth, untill he come to fourteen yeers of age, and Curator, he that hath the disposition and ordering of his substance afterward, until he attain to five and twenty years: or that hath the charge of a frantick person during his lu∣nacie: the common Lawyers use but onely Gar∣dien or Gardian for both these. And for the bet∣ter understanding of our English law in this thing, you must know, that as Tutor is either Testamentarius, or à Praetore datus est ex lege A∣tilia, or lastly, legitimus: so we have three sorts of Gardeins in England: one ordained by the Father in his last will, another appointed by the Judge afterward, the third cast upon the Minor by the law and custome of the land. Touching the first, a man having goods and Chattels never so many, may appoint a Gar∣dein to the body or person of his child, by his last VVill and Testament, until he come to the age of fourteen years, and so the disposing or ordering of his substance, until what time he thinketh meet, and that is most commonly to the age of 21 years. The same may he do, i•• he have lands, to never so great a value, so they hold not in capite of the King, nor o•• any other Lord, by Knights service. And in the former case, if the Father appoint no Gardein to his Child, the Ordinary may appoint one to order his moveables and chattels, until the age of fourteen years: at which time he may chuse his Gardian, accordingly as by the Civil Law he may his Curator. For we hold all one rule with the Civilians in this case: and that is, In∣vito curator non datur. And for his Lands, if he hold any by Copy or Court-rol, commonly the Lord of the Fee appointeth him a Guar∣dian, until he come to the age of fourteen years, and that is one, next of kind to the Mi∣nor of that side, that can hope for least profit by his death. If he hold by charter in socage, then the next of kind on that side by which the land cometh not is the Guardian: and here∣upon called guardian in socage. And that which is said here of socage seemeth to be true like∣wise in petit sergeantie, anno vicesimo octavo Ed. vardi primi, statuto primo. And the reason of this, Fortescue giveth in his book, intituled, A commendation of the politique laws of England, cap. 44. viz. because there might be suspition,

if the next kinsman on that side by which the land descendeth, should have the custody and education of the Child, that for desire of his land, he might be entised to work him some mischief. Lastly, if a man die seised of lands, holding by Knights service, leaving his heir in minority, that is, under 21 years: the Lord of the Fee hath by Law, the custody both of the heir an•• his land, until he come to age. See the statute, anno 28 Ed. prim. statut. prim. And the reason of this, Fortescue likewise gi∣veth, for that he to whom by his Tenure he oweth Knights service, when he can perform it, is likeliest to train him up in martial and inge∣nious discipline, until he be of ability. But Poli∣dore Virgil in his Chronicle, lib. 16. saith, that this was Novum vectigalis genus excogitatum to help Henry the third, being oppressed much with poverty, by reason he received the King∣dome much wasted by the Wars of his Ance∣stors: and therefore needing extraordinary help to uphold his estate: yet the 33 Chapter of the Grand Custumary, maketh mention of this to have been used by the Normans: and I think this the truer opinion. Here it is to be observed, whether land in Knights service hold in capite, or of another Lord, or some of the King, and some of another. If of the King, whether of the King alone or not, all is one. For the King in this case is Guardian to the heirs both person and land by his prerogative. Stawnford praerogat. cap. 1. If he hold of a com∣mon 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 whom he holdeth by the elder Tenure, is Guardian of the person, and every one of the rest hath the custody of the land holden of him∣self. If the priority of the Tenure cannot be discerned, then is he Guardian of the person, that first happeth him. Terms of the law. Stawnf. ubi supra, whom you may read more at large: which Author fol. 19. maketh mention of Gar∣deyn in feit, and Gardeyn in droit: that is, in deed, and in law: I take the first to be him that hath purchased, or otherwise obtained the ward of the Lord of whom the Land holdeth: The second, him that hath the right by his inheri∣tance and seignorie, Old nat. br. fol. 94. Then is there Gardeyn per cause de gard, which is he that hath the wardship of a Minor, because he is Guardian of his Lord, being likewise in mino∣rity, Stawnford ubi supra, fol. 15. Of this you may read Skene de verb. signif. verbo Varda, by whom you may learn great affinity, and yet some difference between the Law of Scotland, and ours in this point.

Guardia, is a word used among the Feudists, for the Latine (Custodia) and Guar∣dianus seu guardio dicitur ille, cui custodia com∣missa est, lib. Feudo. 1. titulo 2. & titulo 11.

Gardeyn of the Spiritualities, (Custos spiritua∣lium, vel spiritualitatis) is he to whom the spi∣ritual jurisdiction of any Diocesse is commit∣ted, during the vacancie of the See, an. 25 H. 8. c. 21. And I take, that the Guardeyn of the Spi∣ritualties, may be either Guardein in law, or Jure Magistratus, as the Arch-bishop is of any Dioces within his Province, or Guardian by delegation, as he whom the Arch-bishop or Vicar general doth for the time de∣pute.

Gardeyn of the peace, (Custos pacis.) See Con∣servatour of the peace.

Gardeyn of the Cinque ports, (Gardianus quinque portuum) is a Magistrate that hath the juris∣diction of those Havens in the East part of England, which are commonly called the Cinque ports, that is, the five Havens: who there hath all that jurisdiction, that the Admi∣ral of England hath in places not exempt. The reason why one Magistrate should be assigned to these few Havens, seemeth to be, because they in respect of their situation, anciently re∣quired a more vigilant care, than other Havens, being in greater danger of invasion by our ene∣mies, by reason that the Sea is narrower there than in any other place. M. Cambden in his Britannia, pag. 238. saith, That the Romans, af∣ter they had setled themselves and their Em∣pire here in England, appointed a Magistrate, or Governour over those East parts, whom they rearmed Comitem littoris Saxonici per Bri∣tanniam, having another that did bear the same title on the opposite part of the Sea: whose of∣fice was to strengthen the Sea Coasts with Mu∣nition, against the outrages and robberies of the Barbarians. And farther signifieth his opinion, that this Warden of the Cinque ports, was first erected amongst us, in imita∣tion of that Roman policie. See Cinque ports.

Gare, anno 31 Ed. 3. cap. 8. is a coarse wool full of staring hairs, as such as groweth about the pesil or shanks of the Sheep.

Garnishment, cometh of the French (Garnir, i. instruere.) It signifieth in our Common law, a warning given to one for his appearance, and that for the better furnishing of the cause and Court. For example, one is sued for the deti∣nue of certain Evidences or Charters, and saith, that the Evidences were delivered unto him, not onely by the Plaintiff, but by another also: and therefore prayeth, that that other may be warned to plead with the Plaintiff, whether

the said conditions be performed, yea, or no. And in this petition he is said to pray Gar∣nishment. New book of Entries, fol. 211. colum. 3. Terms of the Law. Cromptons Jurisd. fol. 211. which may be interpreted either warning of that other, or else furnishing of the Court with parties sufficient, throughly to determine the cause: because untill he ap∣pear and joyn, the Defendant (as Fitzherb. saith) is, as it were, out of the Court, nat. br. fol. 106. G. and the Court is not provided of all parties to the action. I am the bolder thus to interpret it, because I find Britton in the same mind, cap. 28. where he saith, That con∣tracts be some naked, and sans garnment, and some furnished, or to use the literal significa∣tion of his word, apparelled: but a naked Obligation giveth no action, but by common assent. And therefore it is necessary or need∣full, that every Obligation be apparelled. And an obligation ought to be apparelled with these sive sorts of garnements, &c. Howbeit, I read it generally used for a warning in many places, and namely, in Kitchin, fol. 6. Gar∣nisher le court, is to warn the Court. And rea∣sonable garnishment in the same place, is no∣thing but reasonable warning: and again, fol. 283. and many other Authors also. But this may be well thought a Metonymy of the ef∣fect, because by the warning of parties to the Court, the Court is furnished and adorned.

Garrantie. See Warrantie.

Garter (Garterium) cometh of the French (Jartiere or Jartier, i. periscelis, fascia poplitaria) It signifieth with us both in divers Statutes, and otherwise, one especiall Garter, being the ensigne of a great and Noble Society 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 Romans, Virgil, be∣cause they were of all others the most excel∣lent. This high order (as appeareth by M. Camden, pag. 211.) and many others, was first instituted by that famous King Edward the third, upon good successe in a skirmish, wher∣in the Kings Garter (I know not upon what occasion) was used for a token. I know that Polydore Virgil casteth in another suspition of the originall: But his grounds, by his own confession, grew from the Vulgar opinion: yet as it is, I will mention it as I have read it. Edward the third, King of England, after he had obtained many great victories; king John of France, king James of Scotland, being both prisoners in the Tower of London at one time; and king Henry of Castile, the Bastard expul∣sed, and Don Pedro restored by the Prince of Wales, did upon no weighty occasion first e∣rect this order in Anno 1350. viz. He dance∣ing with the Queen, and other Ladies of the Court, took up a Garter that happened to fall from one of them: whereat some of the Lords smiling, the king said unto them, That ere it were long, hee would make that Garter to be of high reputation, and shortly after instituted this order of the Blew Garter, which every one of the order is bound dayly to wear, be∣ing richly decked with Gold and precious stones, and having these words written, or wrought upon it: Honi soit qui maly pence: which is thus commonly interpreted: Evill come to him that evil thinketh. But I think it might be better thus: Shame take him that thinketh evill. See knights of the Garter. M. Ferne in his glory of generosity agreeth with M. Camden, and expressier setteth down the victories, whence this order was occasioned: whatsoever cause of beginning it had, the order is inferior to none in the world, consisting of 26. martial and heroical Nobles, whereof the king or England is the chief, and the rest be either Nobles of the Realm, or Princes of other Countries, friends and confe∣derates with this Realm; the Honour being such, as Emperours and kings of other Nati∣ons, have desired, and thankfully accepted it; he that will read more of this, let him repair to M. Camden, and Polydore, and M. Ferne, fol. 120. ubi supra.

The Ceremonies of the chapter proceeding to election, of the investures and robes, of his installation, of his vow, with all such o∣ther Observations, see in M. Segars new book intituled Honour militarie and civill, lib. 2. cap. 9. fol. 65. Garter also signifieth the principall kings at Armes, among our English Heralds, created by king Henry the fifth, Stow. pag. 584.

Garthman, anno 13 R. 2. stat. 1. ca. 19. & anno 17. ejusd. ca. 9.

Gavelet, is a special and antient kind of Cessavit used in Kent, where the custome of Gavell kind continueth: whereby the tenent shall forfeit his Lands and tenements to the Lord of whom he holdeth, if he withdraw from him his due rents and services. The new Expounder of Law Termes, whom read more at large: I read this word, anno 10. Edw. 2 cap. unico. where it appeareth to be a Writ used in the Hustings at London. And I find by Fleta that it is used in other liberties, as the Hustings of Winchester, Lincolne, York, and the Cinque ports, lib. 2. cap. 55. in principio.

Gavelkind, is, by M. Lamberd in his expo∣sition of Saxon words, verbo, Terra et scripto,

compounded of three Saxon words, gyfe, cal, cin: omnibus cognatione proximis data. But M. Verstegan in his restitution of his decayed in∣telligence, cap. 3. called it (Gavelkind) quasi, give all kind, that is, give to each child his part. It signifieth in our Common law, a custome whereby the Land of the Father is equally divided at his death amongst all his Sons, or the Land of the Brother equally divided among the Brethren, if he have no issue of his own: Kitchin fol. 102. This custome is said to be of force in divers places of England, but espe∣cially in Kent, as the said Authour reporteth, shewing also the cause why Kentish men ra∣ther use this custome, than any other Province, viz. because it was a composition made be∣tween the Conquerour and them, after all England beside was conquered, that they should enjoy their ancient customes, whereof this was one. For. M. Camden in his Britannia, pag. 239. saith in expresse words thus: Cantiani eâ lege Gulielmo Normanno se dediderunt, ut patrias con∣suetudines illaesas retinerent, illamque imprimis quam Gavelkind nominant. Haec terrae quae eo no∣mine censentur, liberis masculis ex aequis portioni∣bus dividuntur, vel faeminis, si masculi non fue∣rint: adding more worth the noting, viz. Hanc haereditatem, cùm quintum decimum annum atti∣gerint, adeunt, & sine Domini consensu, cuilibet, vel dando, vel vendendo, alienare licet. Hac filii parent thus furti damnatis in id genus fundis succe∣dunt, &c. This custome in divers Gentlemens lands, was altered at their own petition, by Act of Parliament, anno 31 H. 8. cap. 3. But it appeareth by 18 H. 6. cap. pri. that in those dayes there were not above thirty or fourty persons in Kent, that held by any other Tenure. See the new Terms, Gavelet, and Gavel∣kind.

Gawgeour, (gaugeator) seemeth to come of the French (Gawchir, i. in gyrum torquere.) It signifieth with us an Officer of the Kings, ap∣pointed to examine all Tunnes, Hogsheads, Pipes, Barrels, and Tercians of Wine, Oil, Honey, Butter, and to give them a mark of al∣lowance, before they be sold in any place. And because this mark is a circle made with an iron Instrument for that purpose: It seemeth that from thence he taketh his name. Of this Of∣fice you may find many Statutes: the first whereof is, anno 27 Ed. 3. commonly called the Statute of provision, or Purveyours, cap. 8.

GE

Geld, signifieth with the Saxons, pecunia vel tributum. See Gyld.

Genets, aliâs Jenets. See Furre.

Gentleman, (generosus) seemeth to be made of two words, the one French, (gentil, i. hòne∣stus, vel honesto loco natus:) the other Saxon (Mon) as if you would say, a man well born. The Italian followeth the very word, calling those (gentil homini) whom we call Gentlemen. The Spaniard keepeth the meaning, calling him Hidalgo, or Hijo d'algo, that is, the son of some man, or of a man of reckoning. The French men call him also gentil homme: so that Gentle∣men be those, whom their blood and race doth make noble and known. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in Greek, in Latine, Nobiles. Smith de Repub. Anglor. lib. 1. cap. 20. under this name are all com∣prised that are above Yeomen: so that Noble∣men be truly called Gentlemen. But by the course and custome of England, Nobility is ei∣ther major or minor: the greater contains all titles and degrees from Knights upward: the lesser all from Barons downward. Smith ubi supra, cap. 21. The reason of the name, as I take it, groweth from this, that they observe gentilitatem suam, that is, the race and propa∣gation of their bloud, by giving of arms, which the common sort neither doth, nor may do. For by the Coat that a Gentleman giveth, he is known to be, or not to be descended from those of his name, that lived many hundred years since. Howbeit, that this is neglected, where substance faileth to maintain the coun∣tenance. For many of great birth fall to pover∣ty, whose posterity living and labouring in want, have small encouragement, to look af∣ter the titles of their Ancestors, and so in time slip into the number of the ignoble sort: yet if they by their vertue or fortune, can again advance themselves to sufficient ability, the Herald out of his observations can restore them to the Coat of their Progenitors, and now and then help them to one, that their Ancestors never ware. Gentiles homines, see in Tiraquel. de Nobilitate, cap. 2. pag. 53. Tully in his To∣pickes thus saith of this matter. Gentiles sunt, qui inter se codem sunt nomine ab ingenuis oriun∣di, quorum majorum nemo servitutem servivit, qui capite non sunt diminuti. And in the first book of his Tusc. questions, he calleth Tullum Hostilium, one of the Kings of Rome, gentilem suum.

General Issue. vid. Issue.

Gestu & fama, is a Writ. Lamb. Eirenarcha, lib. 4. cap. 14. pag. 531.

GI

Gigge milles, were for the fulling of Woollen Cloth, and forbidden Anno 5 Edward 6. cap. 22.

Gild, alias Geld (gildare) cometh from the Saxon word (Gildan, i. solvere Lamb. in his ex∣plication of Saxon words saith, verbo, Contuber∣nalis. It is used as a verb, and as a substantive also, and as it is a substantive, it is latined Gil∣da,

and signifieth a Tribute, or sometime an amercement, or thirdly, a Fraternity or Com∣pany, combined together with orders and laws made among themselves by the Princes li∣cense. M. Camden citeth many antiquities, by which it appeareth to signifie a tribute or tax, as pag. 135. 139. 159. 168. 178. M. Crompton in his Jurisdictions. fol. 191. shew∣eth it to be an amercement, as foot geld, and fol. 197. he interpreteth it to be a prestation within the Forest, in these words: To be quit of all manner of Gelds, is to be discharged of all manner of prestations to be made for gathering of sheves of Corn, of Lamb, and of Wool to the use of Foresters. Again, M. Camden, pag. 349. dividing Suffolk into three parts, calleth the first Gildable, because tribute is thence gathered; the second libertatem S. Edmundi: the third libertatem S. Etheldredae. And the Statutes, anno 27 Ed. 3. Stat. 2. cap. 13. & anno 11 H. 7. cap. 9. use Gildable in the same sense, and so doth the Statute, anno 27 H. 8. cap. 26. From this M. Lamberd, ubi supra, is likewise perswaded, that the common word (Gild or (Gildhall doth pro∣ceed, being a Fraternity or Communalty of men gathered into one combination, support∣ing their common charge by a mutual contri∣bution: And in the Register original, fol. 219. b. I read Gildam mercatoriam, that is the Gild Merchant, which I have heard to be a certain liberty or privilege belonging to Merchants, whereby they are enabled to hold certain plees of Land within their own Precincts. This word (Gildes) or (Guildes) is so used anno 37 Ed. 3. cap. 51. & anno 15 R. 2. cap. 5. And Gildbalda Teutonicorum, is used for the fraternity of Easter∣ling Merchants in London, called the Stilyard, anno 22 Hen. 8. cap. octavo.

Ginger (Zinziber) is a spice well known, being the root of a plant that groweth in hot Countries, as Spain, Barbary, &c. The true form whereof you have expressed in Gerards Herbal, lib. 1. cap. 38. This is a spice whose root is to be garbled, anno 1 Jacob. cap. 19.

Gynny peper (piper de Ginnea) is otherwise called Indian peper, of the place whence it com∣eth. The nature and farther description where∣of you have in Gerards Herbal, lib. 2. cap. 66. This you have mentioned among druggs and spices to be garbled, in the Statute, 1 Jacob. cap. 19.

Gisarms: anno 13 Ed. 1. stat. 3. cap. 6. is a kind of weapon. Fleta writeth it Sisarms, lib. 1. cap. 24. §. item quod quilibet.

GL

Glawnce Ore, Plowden casu Mines fol. 320. b.

Glanvil was a learned Lawyer, that was chief Justice in Henry the seconds dayes, and writ a Book of the Common laws of England, which is the ancientest of any extant touching that subject. Stawnf. praerog. cap. prim. fol. 5. He was then called in Latine Ranulphus de Glanvilla. He dyed in Richard the first his dayes at the City of Acres in the Coast of Ju∣ry, being with him in his voyage to the Holy Land. Plowden, casu Stowel, folio, 368. b.

GO

Go, is used sometime in a special signification in our Common law: as to go to God, is to be dismissed the Court. Brook, titulo. Fayler de re∣cords, num. 1. Go forward, seemeth also to be a sign given by a Judge to the Seargeant or Counsellor, pleading the cause of his Clyent, that his cause is not good. For when he standeth upon a point of Law, and heareth those words of the Judges mouth, he taketh understanding, that he loseth the Action. 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 behavior. See Good abearing.

Good abearing, (Bonus gestus) is, by an especial signification, an exact carriage or behaviour of a subject, toward the King and his liege people, whereunto men upon their evil course of life, or loose 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 than to the peace: because, where the peace is not broken without an affray, or bat∣terie, or such like: this surety (de bono gestu) may be forefeited by the number of a mans com∣pany, or by his or their weapons or harnesse: Whereof see more in that learned Writer in the same Chapter, as also in M. Cromptons Ju∣stice of peace, fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127.

Good Country, (Bona patria) is an Assise, or Jury of Country-men or good neighbours: Skene de verbo signif. verbo, Bona patria.

GR

Graffer (grafarius) signifieth as much as a notarie or Scrivener. It cometh of the French (greffier, i. scriba, actuarius.) This word is used in the Statute, anno 5 H. 8. cap. 1.

Graines (grana paradisi, aliâs Cardamomum) is a spice medicinable and wholesome, where∣of you may see divers kinds in Gerards Herbal, lib. 3. cap. 148. These are comprised among merchandise that be to be garbled. Anno 1 Jac. cap. 19.

Grand Assise. See Assise, and Magna As∣sisa.

Grand Cape. See Cape and Attach∣ment.

Grand Sergeanty. See Chivalrie, and Seargeanty.

Grand distresse: (Magna districtio) is a di∣stresse taken of all the lands, and goods, that a man hath within the County or Bayliwick, whence he is to be distrained: Fleta lib. 2. cap. 69. §. penult: See Distresse. This word is used anno 51 H. 3. cap. 9. This falleth out when the Defendant hath been attached, and yet ap∣peareth not upon his Attachment; or when he appeareth and afterward makes default. For then the Sheriff is commanded to distrain the Defendant, by all his goods and cattels, and to answer the King the issues of his Lands.

Grange (grangia) is a house or building, not onely where Corn is laid up, as Barns be, but also where there be stables for Horses, stalles for O••••n 〈◊〉〈◊〉 both ••r cattel, styes for Hogges, and other things necessary for husbandry, Lindwood 〈…〉〈…〉 emms de judiciis verbo, Grangiis, in glossa.

Gra•••• (Concessio, gran••um) Glanvile, signifieth specially in our Common law, a gift in writing of such a thing, as cannot aptly be passed or conveyed by word onely: as Rent, Reversions, Services, Advowsens in grosse, Common in gro••e, Villein in grosse, Tithes, &c. or made by such persons, as cannot give but by deed, as the King, and all bodies politick: which dif∣ferences be often in speech neglected, and then is it taken generally for every gift whatsoever, made of any thing by any person, and he that granteth it, is named the Crantour, and he to whom i•• is made, the Grantee, West. parte 1. symbol. lib. 2. Sect. 334. A thing is said to lye in grant, which cannot be assigned without deed, Coke, lib. 3. Lincoln Coll. case, fol. 63. a.

Great men, are sometimes understood of the Laity of the higher-house of Parliament, as an. 43 Ed. 3. cap. 2. & an. 8 R. 2. in prooem. and sometime of the Knights, &c. of the lower-house, as anno 2 R. 2. stat. 2. in principio.

Gree (cometh of the French (Grè, i. sententia, beneplacitum.) It signifieth in our Common law, contentment or good liking: as to make gree to the parties, is to satisfie them for an offence done, anno 1 Rich. 2. cap. 15.

Greachbreach, is breaking of the peace. Saxon in the description of England cap. 11. v. Rastal. titulo Exposition of words. The new Expounder of Law Terms writeth it (Grichbreach) and giveth it the same signification. See Greve.

Green bewe, is all one with vert, Manwood parte 2. of his Forest laws, cap. 6. num. 5. See Vert

Green wax, seemeth to be used for estreats delivered to the Sheriffes out of the Exche∣quer, under the Seal of that Court, to be levied in the Countie, anno 42. Ed. 3. cap. 9. & anno 7 H. 4. cap. 3. See Forein apposer.

Greve (praepositus) is a word of power and authority, signifying as much as Dominus, or praefectus. Lamberd in his Exposition of Saxon words, ve bo Praefectus. where he seemeth to make it all one with (Reve) as I think undoubt∣ly it is: The Saxon word is Gerefa, whereof we have divers words compounded, as Shyreeve, Portgreeve, &c. which were wont of the Saxons to be written Soyrgerefa: Port∣gerefa. See Shyreeve and Portgreve. See Ro∣ger Hoveden parte poster. suorum annal. fol. 346. b. where he saith thus: Greve dicitur, ideo quod jure debeat grithe, i. pacem ex illis facere, qui pa∣triae inferunt Vae, i. m••seriam vel malum.

Gritbreach is a breach of peace. For Grita is a word of the old Angles, signifying peace. Roger Hoveden parte poste. suorum annal. fol. 346. b. See Greachbreach.

Grils, anno 22 Ed. 2. cap. 2.

Grocers, be Merchants that ingrosse all Merchandize vendible, anno 37 Ed. 3. cap. 5.

Groom, anno 33 H. 8. cap. 10. (Valletus) is the name of a servant that serveth in some inferiour place. M. Verslegan in his Restitution of decayed intelligence saith, that he findeth it to have been in times past a name for youths, who albeit they served, yet were they inferiour to men servants, and were sometimes used to be s••nt on foot or errands, serving in such manner as Lackeyes do now.

Growm, anno 43 E. 3. cap. 10. seemeth to be an Engine to stretch Woollen cloth withall after it is woven.

GU

Guydage (Guydagium) is that which is given for safe conduct through a strange territory, Cassanaeus de consuetud. Burgun. pag. 119. whose words be these: Est Guidagium quod datur ali∣cui, ut tuiò conducatur per loca alterius.

Guylde. See Gyld.

Guylhalda Teutonicorum. See Gild.

Gule of August (Gula Augusti) anno 27 Ed. 3. stat. 3. cap. unico. Fitzh. nat. br. fol. 62. I. aliàs Goule de August. Plowd. casu Mines, fol. 316. b. is the very day of Saint Peter ad vincula, which was wont, and is still within the limits of the Roman Church, celebrated upon the very Kalends of August. Why it should be called the Gule of August, I cannot otherwise conjecture, but that it cometh of the Latine (gula) or the French (gueulae) the throat. The reason of my conjecture is in Durands rational•• divinorum, lib. 7. cap. de festo Sancti Petri ad vincula, who saith, that one Quirinus a Tribune, having a Daughter that had a disease in her throat, went to Alexander then Pope of Rome, the sixth from Saint Peter, and desired of him to borrow, or see the chaines that Saint Peter was chained with under Nero: which request

obtained, his said Daughter kissing the said chain, was cured of her disease, and Quirinus with his family was baptized. Tunc dictus A∣lexander papa (saith Durand) hoc festum in Ka∣lendis Augusti celebrandum instituit, & in hono∣rem beati Petri Ecclesiam in urbe fabricavit, ubi vincula ipsa reposuit, & ad vincula nominavit; & Kalendis Augusti, dedicavit. In quafestivate, populus illic ipsa vincula hedie osculatur. So that this day being before called onely the Kalends of August, was upon this occasion afterward tearmed indifferently, either of the instrument that wrought this miracle, S. Peters day ad vincula, or of that part of the maiden whereon the miracle was wrought, the Gule of August.

Gustwit seemeth to be compounded of Gult, i. noxa, and wit; which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue, fignifying nothing in it self, 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. Gult∣wit (as Saxon in his Description of England, cap. 11. doth interpretet it) is an amends for trespasse.

Gust Hospes) is used by Bracton for a stran¦ger or guest that lodgeth with us the second night: lib. 3. tract. 2. cap. 10. In the laws of Saint Edward, set forth by Master Lambert num. 27. it is written Gest. Of this see more in Un∣cothe.

Gumme (gummi) is a certain clammy or tough liquor, that in manner of a sweaty excre∣ment issueth out of trees, and is hardned by the Sun. Of these there be divers sorts brought over Seas, that be drugs to be garbled, as appeareth by the statute, Anno 1 Jacob. cap. 19.

Gutter-tile aliâs Corner-tyle, is a tyle made three-corner-wise, especially to be layd in Gutters, or at the corners of the tyled houses; which you shall often see upon Dove-houses, at the four corners of their roofs, anno 17 Ed. 4. cap. 4.

HA

HAbeas corpus is a Writ, the which a man indited of some trespasse before Justices of peace, or in a Court of any franchise, and up∣on his apprehension being layd in prison for the same, may have out of the Kings bench thereby to remove himself thither at his own 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 Chancery, directed to the said Justices, for the removing of the Inditement into the Kings Bench, and upon that, to procure this Writ to the Sheriff, for the causing of his body to be brought at a day: Reg. jud. fol. 81. where you shall find divers cases wherein this Writ is used.

Habeas corpora, is a Writ that lieth for the bringing in of a Jurie, or so many of them, as refuse to come upon the (venire facias) for the trial of a cause brought to issue, Old. nat. br. fol. 157. See great diversity of this Writ, in the table of the Register Judicial, verbo, habeas cor∣pora; and the new book of Entries, verbo co∣dem.

Habendum, is a word of form in a deed of conveyance, to the true understanding whereof, you must know, that in every deed of con∣veyance, there be two principal parts, the Pre∣mises, and the Habendum. The office of the Premisses is, to expresse the name of the Gran∣tor, the Grantee, and the thing granted, or to be granted. The office of the (habendum) is to limit the estate, so that the general implica∣tion of the estate, which by construction of law passeth in the Premisses, is by the (habendum) controlled and qualified. As in a Lease to two persons, the (habendum) to one for life, the remainder to the other for life altereth the general implication of the joynt tenancie in the Free-hold, which should passe by the Premisses, if the (habendum) were not. Coke, vol. 2. Bucklers case fo. 55. See Use.

Habere facias seisinam, is a Writ Judicial, which lieth, where a man hath recovered lands in the Kings Court, directed to the Sheriff, and commanding him to give him seisin of the land recovered, Old nat. br. fol. 154. Terms of the Law: wherof see great diversity also in the ta∣ble of the Register Judicial, verbo. Habere facias seisinam. This Writ is issuing sometime out of the Records of a fine executory, directed to the Sheriff of the County, where the land lieth, and commanding him to give to the Cognizee or his heirs, seisin of the land, whereof the Fine is levied, which Writ lyeth within the year af¦ter the Fine, or Judgement upon a (Scire fa∣cias) and may be made in divers forms, West. parte 2. symb. titulo Fines, Sect. 136. There is also a Writ called Habere facias seisinam, ubi Rex habuit annum, diem & vastum, which is for the delivery of lands to the Lord of the Fee, after the King hath taken his due of his lands, that was convicted of Felony, Register origin. fol. 165.

Habere facias visum, is a Writ that lieth in divers cases, where view is to be taken of the

lands or tenements in question. See Fitzh. nat. br. in Indice, verbo (View) See Bracton, lib. 5. tract. 3. cap. 8. & lib. 5. parte 2. cap. 11. See view. See the Register Judicial, fol. 1, 26, 28, 45, 49, 52.

Haber••ects (Hauberiteus pannus) magn. chart. cap. 25. & Pupilla oculi, parte 5. cap. 22.

Hables, is the plural of the French (hable) signifying as much as a Porte or Haven of the Sea, whence Ships do set forth into other Countries, and whither they do arrive, when they return from their voyage. This word is used anno 27 Hen. 6. cap. 3.

Haerede deliberando alii qui habet custodiam terrae, is a Writ directed to the Sheriff, willing him to command one having the body of him, that is ward to another, to deliver him to him, whose ward he is by reason of his land. Regist. orig. fol. 161. b.

Haerede abducto, is a Writ that lyeth for the Lord, who having the wardship of his tenent under age by right, cannot come by his body, for that he is conveyed away by another. Old nat. br. fol. 93. See Ravishment de Gard, and Hae∣rede rapto, in Regist. orig. fol. 163.

Haeretico comburendo, is a Writ that lyeth against him, that is an heretick, viz. that having been once convinced of heresie by his Bishop, and having abjured it, afterward falleth into it again, or into some other, and is thereupon committed to the secular power. Fitz. nat. br. fol. 269.

Haga, is used as a kind of Latine word for a house. I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury, that King Stephen sent his Writ to the Sheriff and Justices of Kent, in this manner; Stephanus Rex Anglorum Vicecomiti et Iusticia∣riis de Kentsalutem. Praecipio quòd faciatis habere Ecclesiae sancti Augustini & monachis hagam su∣am quam Gosceoldus eis dedit, ita bene & in pace & justae & quietè & liberè, sicut eam eis dedit in morte sua coram legalibus testibus, &c.

Hagbut. See Haque and Haquebut.

Haye boote, seemeth to be compounded of (Haye, i. Sepes) and (Bote, i. compensatio) The for∣mer is French, and the second is Saxon. And although it do fall out sometime, that our words be so compounded: yet it is rare. Wherefore it may be thought peradventure to come as well from (Hag) and (Boote) which be both Saxon words. It is used in our Com∣mon law for a permission to take thorns and freeth to make or repair hedges.

Half haque. See Haeque.

Half merk (dimidia merka) seemeth to signi∣fie a noble. Fitzh. nat. br. fol. 5. where he saith, that in case a Writ of right be brought, and the seisin of the Demandant, or his Ancestor, al∣leged, the seisin is not traversable by the Defendant, but he may tender or profer the half mark for the enquiry of this seisin, which is as much to say in plainer Terms, that the De∣fendant shall not be admitted to denie, that the Demandant, or his Ancestor, was seised of the Land in question, and to prove his denial, and that he shall be admitted to tender half a Mark in money, to have an enquiry made whe∣ther the Demandant, &c. were so seised or not. And in this signification I read the same words in the old English natura brevium, fol. 26. b. viz. Know ye that in a Writ of right of Advowzen brought by the King, the Defendant shall not profer the half Mark, no Judgement final shall be given against the King, &c. Whereof Fitzh. ubi supra. M. giveth the reason because in the Kings case, the Defendant shall be per∣mitted to traverse the seisin by licence obtain∣ed of the Kings Sergeant. To this effect, See Fitz. nat. br. fol. 31. C.D.E.

Half seal, is used in the Chancery for the sealing of Commissions unto Delegates, appoint∣ed upon any appeal in Ecclesiastical or Marine causes, anno 8 Eliz. cap. 5.

Half tongue. See Medietas linguae.

Halymote, alias, Healgemot, is a Court Baron. Manwood parte prima of his Forest laws, pag. 111. and the Etymologie is the meeting of the Tenants of one Hall or Mannor. M. Gwins Preface to his Reading, which for the esteem thereof, is by copies spread into many mens hands.

Hallage, is a Fee due for clothes brought for sale to Blackwel-hal in London. Coke, vol. 6. fol. 62. b.

Hamlet (Hameletum) is a diminutive of (Ham) which signifieth habitationem. Cambden. Brit. pag. 149. & 354. The French (hameau, i. viculus) is also neer unto it. Kitchin hath Hamel in the same sense, f. 2.15. who also useth hampsel for an old house or cottage decayed, fo. 103. Hamlet (as Stow useth it in Ed. 3.) seem∣eth to be the seat of a Free-holder. For there he saith, that the said King bestowed two Manors and nine Hamlets of land up∣on the monastery of Westminster, for the keep∣ing of yearly obits for his Wife Queen Elea∣nor deceased.

Hameling of dogs, or hambling of dogs, is all one with the expeditating of dogs. Man∣wood parte prim. of his Forest laws, pag. 212. & parte 2. cap. 16. num. 5. where he saith, this is the ancient term that Foresters used for that marter; whence this word might be drawn, I dare not resolve, but it is not improbable, that

hameling is quasi, hamhalding, that is, keeping at home, which is done by paring their feet so, as they cannot take any great desight in running abroad. See Expeditate.

Hampsel. See Hamlet.

Hamsoken. See Homesoken. M. Skene de verb. significa. writeth it Haimsuken, and deriveth it from (Haim) a German word, signifying a house or dwelling, and (Suchen) that is to seek, search, or pursue. It is used in Scotland for the crime of him, that violently, and contrary to the Kings peace, assaulteth a man in his own house: which (as he saith) is punishable equally with ravishing of a VVoman, significat quie∣tantiam misericordiae intrationis in alienam do∣mum vi & injusté. Fleta, lib. pri. cap. 47. See Homesoken.

Hand in and Hand out, anno 17 Ed. 4. cap. 2. is the name of an unlawful game.

Hand-full, is four inches by the standard, anno 33 H. 8. cap. 5. &c.

Hankwit aliâs (Hangwit) or (Hengwit) com∣eth of the Saxon words (Hangen, i. pendere) and (wit) whereof read in Gultwit: Rastal in the title, Exposition of words saith, It is a liberty granted unto a man, whereby he is quit of a Felon or Thief hanged without judgement, or escaped out of custody. I read it interpreted, mulcta pro homine injustè suspenso. Or whether it may be a liberty, whereby a Lord chalengeth the forfeiture due for him, that fordoth himself within his Fee or not, let the Reader consider. See Blood-wit.

Hanper (haneperium) haneper of the Chance∣ry, anno 10 R. 2. cap. prim. seemeth to signifie as fiscus originally doth in Latine. See Clerk of the Hanaper.

Hanse (as Ortelius in the Index of his Addi∣tament to his Theater, ver. Ansiatici) saith is an old Gothish word; where he sheweth not the interpretation. It signifieth a certain society of Merchants, combined together for the good usage and safe passage of Merchandize from Kingdome to Kingdome. This society was, and (in part) yet is, endued with many large privi∣leges of Princes, respectively within their ter∣ritories. It had four principal seats, or staples: where the Almain or Dutch Merchants being the Erectours of this society, had an espe∣cial house, one of which was here in London, called Gildhalda Teutonicorum, or in our Com∣mon language, the Steelyard. Of this you may read more in the place of Ortelius above men∣tioned.

Haope cometh of the French happer, i. rapio, cum quadam velo citate capio, and the French seemeth to come from the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. It signifieth in our Common law the same thing as to hap the possession of a deed poll. Litleton, fol. 8.

Haque, is a hand-gun of about three quarters of a yard long, anno 33 Henr. 8. cap. 6. & anno 2. & 3 E. 6. cap. 14. There is also the half-haque or demy-haque. See Haquebut.

Haquebut is that piece of artillery or gun which we otherwise call an harquebuse: being both French words. Anno 2. & 3 Ed. 6. cap. 14. & anno 4. & 5 Phil. & Mar. cap. 2.

Hariot, aliâs heriot (heriotum) in the Saxon he∣regeat, a litle altered, which is drawn from here, i. exercitus. And a heriot in our Saxons time signifieth a tribute given to the Lord, for his better preparation toward War: Lambert in¦nis explication of Saxon words, verbo Hereotum. The name is still retained, but the use altered: for wheras by Master Lamberts, opinion, ubi su∣••ra, it did signifie so much as relief doth now with us, now it is taken for the best chattel that a Tenent hath at the hour of his death, due unto the Lord by custom, be it horse, oxe, cat∣tel, or any such like. Master Kitchin distin∣guisheth between Heriot service and Heriot custom, fol. 133 & 134: For interpretation whereof, you shall find these words in Brook, titulo Hariot, num. 5. Hariot after the death of the Tenent for life is Hariot custome. For Ha∣riot service is after the death of Tenent in Fee∣simple. The new Expounder of the Law Terms saith, That Hariot service (in some mans opi∣nion) is often expressed in a mans grant or deed, that he holdeth by such service, to pay Hariot at the time of his death, that holdeth in Fee-simple. Hariot custome is, where Ha∣riots have been payd 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. Bracton saith, that Heriotum est quasi relevium, li. 2. cap. 36. See Relief. But Britton cap. 69. saith, That Heriot is a reward made by the death of a Tenent, to any Lord, of the best beast found in the possession of the Tenent deceased, or of some other, according to the ordinance or assignement of the party deceased, to the use of his Lord: which reward toucheth not the Lotd at all, nor the heir, nor his inheritance, neither hath any comparison to a Relief: for it proceedeth rather of grace or good will than of right, and rather from Villeins than Free-men. See Dyer, fol. 199. num. 58. to the same effect. This in Scotland is called Herrezel∣da compounded of (herr,) i. dominus, herus) and zeild, i. gift) Skene de verbo. signific. verbo Herre∣zelda.

Hart, is a Sagge of five years old compleat, Manwood parte 2. of his Forest Laws, cap. 4.

num. 5. which he hath out of Budeus de philolo∣gia lib. 2. And if the King or Queen do hunt him, and he escape away alive, then afterward he is called a Hart royal. And if the Beast by the Kings or Queens hunting be chased out of the Forest, and so escape; Proclamation is commonly made in the places thereabout, that in regard of the pastime, that the Beast hath shewed to the King or Queen, none shall hurt him, or hinder him from returning to the Fo∣rest; and then is be a Hart royal proclaimed. Idem, eodem.

Hawberk cometh of the French (Haubert, i. lorica) whereupon, he that holdeth land in France, by finding a Coat or Shirt of Mail, and to be ready with it, when he shall be called, is said to have Hauberticum feudum; whereof Hotoman writeth thus: Hauberticum feudum gallicâ linguà vulgò dicitur pro (loricatum) i. da∣tum vasallo ea conditione, ut ad edictum loricatus sive cataphractus praesto sit. Nam ut lorica latinis propriè & minus usitatè est, tegmen de loro fa∣ctum, quo majores in bello utebantur, quem ad∣modum Servius Honoratus scribit in libro Aenei∣dum 11. f••equentissimè autem pro aenea arma∣tura integra usurpatur: sic apud Gallos Haubert propriè loricam annulis contextam significat, quam vulgus Cotte de maille appellat. Haec Hot. in verbis feudal. verbo Hauberticum feudum. Hauberk with our Ancestors seemeth to signifie, as in France, a Shirt or Coat of Male, and so it seem∣eth to be used, anno 13 Ed. pri. stat. 3. cap. 6. Though in these dayes the word is otherwise written, as (Halbert) and signifieth a weapon well enough known.

Haward aliàs Hayward, seemeth to be com∣pounded of two French words (Hay, i. Sepes) & (Garde, i. Custodia.) It signifieth with us, one that keepeth the common Herd of the Town: and the reason may be, because one part of his office is to look that they neither break, nor crop the hedges of inclosed grounds. It may likewise come from the German (herd, i. ar∣mentum) and (bewarren, i. custodire.) He is a sworn Officer in the Lords Court: and the form of his oath you may see in Kitchin fol. 46.

Hawkers, be certain deceitful fellows, that go from place to place, buying and selling, Brasse, Pewter, and other merchandise, that ought to be uttered in open Market. The ap∣pellation seemeth to grow from their uncer∣tain wandring, like those that with Hawkes seek their game, where they can find it. You find the word, anno 25 H. 8. cap. 6. & anno 33. ejusdem cap. quarto.

HE

Headborow, is compounded of two words (Heosodi, i. caput,) and (Bor. he. i. pignus) It sig∣nifieth him that is chief of the Frank-pledge: and him that had the principal government of them within his own pledge. And as he was called Headborow, so was he also called Burow∣head, Bursholder, Thirdborow, Tithing man, Chief pledge or Borowelder, acording to the diversity of speech in divers places. Of this see M. Lamberd in his Explication of Saxon words, verbo Centu∣ria: & in his Treatise of Constables; and Smith de Repub. Anglo. lib. 2. cap. 22. It now signifieth Constable. See Constable.

Healfang, is compounded of two Saxon words (Hals, i. collum) and (fang, i. capere, captivare.) See Pylory.

Heir (Haeres) though, for the word, it be bor∣rowed of the Latine; yet, it hath not altoge∣ther the same signification with us, that it hath with the Civilians, for whereas they call him (haeredem) qui ex testamento succedit in universum jus testatoris: the common Lawyers call him heir, that succedeth by right of blood, in any mans Lands or Tenements in Fee, for there is nothing passeth with us jure haereditatis, but onely Fee. Moveables, or chatels immovea∣ble, are given by Testament, to whom the Te∣stator listeth, or else are at the disposition of the Ordinarie, to be distributed as he in conscience thinketh meet, Glossa in Provincia∣li constitut. Ita quorundam, De testamentis verbo, Ab intestato. And whether a man in∣joy moveable goods and chatels, by will, or the discretion of the Ordinarie, he is not with us called an Heir: but onely he that succeedeth either by restament, or right of blood in fee. Cassanaeus in consuetud. Burg. pag. 909. hath a distinction of haeres, which in some sort well ac∣cordeth with our law: For he saith, ther is haeres sanguinis & haereditatis. And a man may be haeres sanguinis with us, that is, heir apparentto his Father, or other Ancestor: & yet may upon dis∣pleasure, or meer will be defeated of his inheri∣tance, or at the least, the greatest partthereof.

Heyre loom, seemeth to be compounded of heir and loom, that is, a frame, namely to weave in. The word by time is drawn to a more gene∣ral-signification than at the firstit did bear, com∣prehending all implements of houshold, as namelytables, presses, cupbords, bedsteads, wain∣scot, and such like, which by the custom of some Countries, having belonged to a house cer∣tain descents, & are never inventaried after the decease of the owner, as Chattels, but accrue to the heir with the house it self. This word is twice metaphorically used in that Divine speech, made by that most worthy and com∣pleat noble-man, the Earl of Northampton, against that hellish, oughly, and damnable Treason of Gunpowder, plotted to consume the most vertuous King that ever reigned in Eu∣rope,

together with his gracious Queen and precious posterity, as also the three honour∣able Estates of this renowned kingdom.

Heck is the name of an Engine to take fish in the river of Owse by Yorke: anno 23. H. 8. cap. 18.

Heinfare, aliâs Hinefair, (discessio famuli à Domino.) The word is compounded of Hine, a Servant, and Fare, an old English word, signifying a passage.

Henchman, or heinsman, is a Germane word, signifying Domesticum. aut unum de familia. It is used with us for one that runneth on foot, attending upon a man of honour or worship. anno 3. Edw. 4. cap. 5. anno 24. Henric. 8. cap. 13.

Hengwite, significat quetantiam meserecordiae dè latrone suspenso abs{que} consideratione: Fletali. 1. ca. 47. See Hankwit.

Herald (heraldus) is borrowed by us of the French herault, and in M. Virstigans judge∣ment proceedeth originally from two Dutch words, here, i. exercitus; and healt, i. pugil maganimus. As if he should be called the champion of the army, having by especial of∣fice to challenge unto battel or combat, With us it signifieth an officer at armes, whose function is to denounce Warr, to proclaim peace, or otherwise to be imployed by the King in marshall messages, or other businesse. The Romanes called them plurally Feciales. Master Stow in his Annals deriveth them from heroes, pag. 12. which he hath from other that writ of that subject, whose conjecture I leave to the Reader. Their office with us is descri∣bed by Polydore, lib. 19. in this sort, speaking of the Knights of the Garter, he saith, Ha∣bent insuper apparitores ministros, quos heraldos dicunt: quorum praefectus armorum Rex voci∣tatur: hii belli & pacis nuncii. Ducibus, Comi∣tibus{que} à Rege factis insignia aptant, ac corum funer a curant. He might have added further, That they may be the Judges and examiners of Gentlemens armes; that they martiall all the solemnities at the coronations of Princes, manage combats, and such like. There is also one and the same use of them with us, and with the French nation, whence we have their name. And what their office is with them, See Lupanus lib. prim. de Magist. Fran∣corum, ca. Heraldi. There be divers of them with us, whereof three being the chief, are called Kings at armes. And of them Gar∣ter is the principall, instituted and created by Henry the fifth. Stows Annals pag. 584. whose office is to attend the Knights of the Garter at their solemnities, and to martial the solem∣nities of the funerals of all the greater Nobi∣litie, as of Princes, Dukes, Marquesses, Earles, Viscounts, and Barons. Yet I find in Plowden casu Reniger et Fogassa. That Ed∣ward the fourth granted the office of King of Heraulds to one Garter, cum feudis et profi∣cuis ab antiquo &c. fol. 12. b. The next is Clarentius, ordained by Edward the fourth: for he attaining the Dukedom of Clarence, by the death of George his brother, whom he behea∣ded for aspiring to the Crown, made the herald, which properly belonged to the Duke of Clarence, a King at armes, and called him Cla∣rentius. His proper office is, to martial and dispose the funerals of all the lesser Nobility, as Knights and Esquires, through the realm of the South side or Trent. The third is Norry, or Northroy, whose office is the same on the North side of Trent, that Clarentius hath on this side: as may well appear by his name, signifying the Northern king, or king of the North parts. Beside these there be six other properly called Heralds, according to their original, as they were created to attend Dukes, &c. in martial expeditions, viz. Yorke, Lancaster, Somerset, Richmond, Che∣ster, Windlesour. Lastly there be four other, called Marshalls or Purse vants at armes, reckoned after a sort in the number of He∣raulds, and doe commonly suceed in the place of the Heraulds, as they die, or be prefer∣red: and those be Blew Mantle, Rougecrosse, Rougedragon, and Percullis. The Feciales a∣mong the Romans were Priests, Nam Numa Pompilius divini cultus institutionem in octo par∣tes divisit, & ita etiam sacerdotum octo ordines constituit, &c. Septimam partem sacrae constituti∣onis collegio eorum adjecit, qui Feciales vocantur. Erant autem ex optimis domibus viri electi, per omne ipsi vitae tempus sacrati, quorum partes in eo versabantur, ut fidei publicae inter populos prae∣essent: neque justum aliquod bellum fore cense∣batur: nisi id per Feciales esset indictum. Qui ut Festus ait, à faciendo quòd belli pacisque faci∣endae apud eos jus esset, Feciales dicti sunt. Co∣rasius Miscel. juris civil. lib. 1. cap. 10. num. 12.

Herbage (herbagium) is a French word, and signifieth in our Common law, the fruit of the earth provided by nature for the bit or mouth of the cattel. But it is most com∣monly used for a liberty that a man hath to feed his cattel in another mans ground, as in the forest, &c. Cromptons Jurisdiction fol. 197.

Herbenger, commeth of the French heber∣ger, or esberger, hesberger, i. hospitio excipere. It signifieth with us, an Officer of the Princes Court, that allotteth the Noblemen and

those of the houshould their Lodgings. It signfieth also in Kitchin, an Innekeeper, fol. 176.

Hereditaments (hereditamenta) seem to signifie all such things immoveable, be they corporeall or incorporeall, as a man may have to himself and his heirs by way of inheritance Vide anno 32. Henr. 8. cap. 2. or not being o∣therwise bequeathed, doe naturally and of course descend to him which is our next heir of bloud, and fall not within the compasse of an executor or administrator, as chattels do.

Heriot, see Hariot.

HI

Hide of land (hida terrae) Saxonicè hidelan∣d••s, is a certain measure or quantity of land, by some mens opinion, that may be plowed with one plow in a year, as the author of the new terms saith, verbo Hidage. By other men it is an hundred acres. By Beda (who calleth it Familiam) it is as much as will maintain a family. Crompton in his jurisdicti∣on, fol. 220. saith, that it consisteth of an hundred acres, every acre in length forty per∣ches, and in bredth four perches, every perch sixteen foot and a halfe. And again fol. 222. A hide of land containeth an hun∣dred acres, and eight hides, or eight hun∣dred acres contain a Knights fee. Of this read more in Master Lamberts Explication of Saxon words, verba Hida terrae. See Carve.

Hide and gaine, Old nat. Brev. fo. 71. Coke lib. 4. Tirringhams case, signifieth earable land. See Gainage.

Hidage (hidagium) is an extaordinary taxe to be paid for every hide of land. Bract∣on lib. 2. cap. 6. writeth thus of it: Sunt etiam quaedam communes praestationes, quae servitia non dicuntur, nec de consuetudine veniunt nisi cum necessitas intervenerit, vel cum Rex venerit: si∣cut sunt Hidagia, Coragia, et Carvagia: et alia plura de necessitate et ex consensu communi totius regni introducta, & quae ad Dominum feudi non pertinent, &c. Of this read the new Expounder of Law Terms, who saith that Hidage is to be quit, if the king shall tax all the lands by hides, and yet also granteth it to be the tax it self, saying that it was wont to be an usu∣al kind of taxing, as well for provision of ar∣mour, as payments of money.

Hinefare, see Heinfare.

Hidel, 1. H. 7. ca. 6. seemeth to signifie a place of protection as a sanctuary,

Hierlome, see Heirlome.

Hine, seemeth to be used for a Servant at hus∣bandrie, and the master-hine a servant that overseeth the rest. Anno 12. Richard 2. cap. quarto.

Hoblers (hobellarii) are certain men that by their tenure are tyed to maintain a little light Nagge, for the certifying of any invasion made by enemies, or such like peril toward the sea side, as Porchmouth, &c. Of these you shall read, anno 18. Edward. 3. stat. 2. ca. 7. & anno 25. ejusd. stat. 5. ca. 8.

Hoghenhine, is he that commeth guestwise to an house, and lieth there the third night. After which time he is accounted of his fa∣mily in whose house he lieth: and if he offend the kings peace his host must be answerable for him. Bracton lib. 3. tract. 2. ca. 10. In the Laws of king Edward set forth by Master Lambert, he is called Agenhine: where you may read more of this matter.

Hithe (hitha) is a petty haven to land wares out of vessels or boats: New book of Entries, fol. 3. colum. 3.

HO

Hogshead, is a measure of wine or oyle con∣taining the fourth part of a tun, that is 63 gallons, an. 1. R. 3. ca. 13.

Holstings, see Hustings.

Homage (Homagium) is a French word, signifying Fidem clientularem.) For in the ori∣ginal grants of land and tenements by way of fee, the Lord did not only tye his tenents or feed men to certain services, but also took a submission, with Promise and oath, to be true and loyal to him, as their Lord and Be∣nefactor. This submission was and is called homage: the form whereof you have in the second Statute anno 17. Edw. 2 in these words: when a free man shall doe homage to his Lord, of whom he holdeth in chief, he shall hold his hands together between the hands of his Lord, and shall say thus; I be∣come your man from this day forth for life, for member, and for worldly honour, and shall owe you my faith for the land I hold of you: saving the faith, that I do owe unto our So∣veraign Lord the King, and to mine other Lords. And in this manner the Lord of the fee, for which homage is due, taketh homage of every tenent, as he cometh to the land or fee. Glanvile lib. 9. cap. 1. except they be women, who perform not homage but by their husbands, (yet see Fitzherbert, that saith the contrary in his nat. br. fol. 157. F.) Read Glanvile more at large in the said first Chapter, with the second, third and fourth; The rea∣son of this M. Skene giveth de verbo significa∣tione, verbo Homagium, viz. because Homage especially concerneth service in warre. He saith also, that consecrated Bishops, do no homage, but only fidelity: the reason may bee all one. And yet I find in the Register. o∣rig. fol. 296. a. that a woman taking livery of

lands holden by Knights service, must doe homage, but not being jointly infeossed, for then she doth only fealtie. And see Glan∣vile in the end of the first chapter of his ninth book touching Bishops consecrated, whom he denieth to perform homage to the King for their Baronie, but only fealty. Fulbeck re∣concileth this fol. 2C. a. in these words. By our law a religious man may doe homage, but may not say to his Lord, Ego devenio home vester, because he hath professed himself to be only Gods man, but he may say, I do unto you homage, and to you shall be faithfull and loyall. See of this Britten cap. 68. Homage, is eithes new with the fee, or ancestrel: that is, where a man and his Ancestors, time out of mind, have held their lands by homage to their Lord, whereby the Lord is tied to warrant the land unto his tenent. Newterms of the Law. This homage is used in other Countries as well as ours, and was wont to be called Hominium. See Hotom. de verbis feudalibus, verbo. Homo. Skene divideth it into liegium & non liegium, de verb. signif. v. Homage: for the which see Leige, and Hotoman, disputa∣tione de feudis tertia. Homage is sometime used for the jury in the Court Baron, Smith de Re∣pub. Anglo. lib. 2. cap. 27. the reason is, be∣cause it consisteth most commonly of such as owe homage unto the Lord of the fee. And these of the Feudists are called pares curiae, si∣ve curiis, sive domus sic dicuntur enim convassal∣li sive compares, qui ab eodem patrono feudum re∣ceperunt, vel qui in eodem territorio feudum ha∣beut. Hotoman. Of this Homage you may read in the nine and twentieth chapter of the grand Custumary of Normandy, where you shall un∣derstand of other sorts of homage, used by them, and strange unto us. Whereunto join Hotoman, disputat. de feudis, in divers places, and namely Columna 860. c. hiis verbis: De∣inceps de nota l••ommii & feudal tiae subjectionis videamus. Omnium quidem video esse commune, ut dexter as tanquam in soedei ibus jungerent: ple∣rumqne etiam ut dexteris aversis, osculum prae∣bereut, interdum ut ambas manus junctas patro∣no contrectandas praeberent: supplicum et deditio∣rum nomine, qui velatas manus porrigebant. And pag. 861. hiis verbis: Multis Galliae at∣que etiam Angliae moribus constisutum est (Quod ex Anglico Littletoneo intelleximus) ut homi∣nium servili et suppliciveneratione, ac planè tan∣quam à dedititiis praestetur. Nam vasallus discin∣ctus, nudo capite ad pedes sedentis patroni pro, e∣ctus, ambas manus junctas porrigit, quas dum Dominus suis manibus amplectitur: haec verba pronunciat: Here, ve••io in tuum hominium et sidem, et homo tuus fio ore et manibus: tibique juro ac spondeo sidelem me tibi f••lis, um eorum fendorum nomine, quae tuo beneficio accepi, &c. Whereunto you may adde him, colum. 819. g. 822. s. et 857. b et d. et f. of homage in Scot∣land, read M. Skene de verb. signtf. verbo Ho∣maegium. To whom you may also joyn a plen∣tiful discourse in speculo Durandt, commonly called speculator among the Civilians, tit. De feudis.

Homagio respectuando, is a writ to the es∣cheator, commanding him to deliver seisin of lands to the heir that is at full age, notwith∣standing his homage not done: which ought to be performed before the heir have livery of his lands, except there fall out some reasona∣ble cause to hinder it. Fitzher. nat. br. fol. 269.

Homine eligendo ad custodiendam peciam fi∣gilli pro mercatoribus aediti, is a writ directed to a Corporation, for the choice of a new man to keep the one part of the Seal, appointed for Statutes Merchant, when the order is dead, according to the Statute of Acton Bur∣nel, Regist. original, fol. 178. a.

Homine replegiando, is a writ for the bayl of a man out of prison: which in what cases it lieth, and what not, see Fitz. natura brev. fo. 66. See also the Register origin. fo. 77. See the new book of Entries, verto, Homine re∣plegiando,

Homine capto in Withernamium, is a writ to take him that hath taken any bondman or wo∣man, and led him or her out of the County so that he or she cannot be replevied ac∣cording to Law. Reg. orig. fo. 79. a. See Wi∣thernam.

Fomicide (homicidium) is the slaying of a man: and it is divided into voluntary and ca∣sual: homicide voluntary is that which is de∣liberated and committed of a set mind and purpose to kill: Homicide voluntary is either with precedent malice, or without. The former is murther, and is the felonious kil∣ling through malice prepensed, of any person living in this Realm under the Kings prote∣ction, West parte 2. Symbol. tit. Inditements, Sect. 37. &c. usque ad 51. where you may see di∣vers subdivisions of this matter. See also Glanvile, l. b. 14. cap. 3. Bract. lib. 3. tract. 2. ca. 4.15. & 17. Brit. ca. 5.6.7. see Murther, Manslaughter, and Chancemedly.

Homesoken, aliâs hamsoken. Hamsoca is com∣pounded of Ham, i. habitatio, and soken, i. quaerere. It is by Bracton, lib. 3. tract. 2. cap. 23. thus defined: Homesoken dicitur invasio do∣mus contra pacem Domini Regis. It appeareth by Rastal in the title, Exposition of words, that in antient times some men had an immu∣nity

to doe this: for he defineth Homesoken to be an immunity from amercement from en∣tring into houses violently, and without li∣cense: which thing seemeth so unreasonable, that me thinketh he should be deceived in that his exposition. I would rather think, it should bee a liberty or power granted by the King to some common person, for the cogni∣sance or punishment of such a transgression: for so I have seen it interpreted, in an old note that I have given mee by a friend, which hee had of an expert man toward the Exchequer, but of what authority I know not. See Ham∣soken.

Hondhabend, is compounded of two Saxon words (hond, id est hand, and habend. i. ha∣ving) and signifieth a circumstance of mani∣fest theft, when one is deprehended with the thing stollen in his hand, Bract. lib. 3. tractat. 2. cap. 31. & 54. who also use the handbe∣rend for the same, eodem, cap. 8.

Honour (honor) is beside the generall signi∣fication, used especially for the more noble sort of Seigniories, whereof other inferiour Lordships or Mannours do depend, by per∣formance of customes and services, some or other, to those that are Lords of them. And I have reason to think, that none are Ho∣nours originally, but such as are belonging to the King. Howbeit they may afterward bee bestowed in fee upon other Nobles. The manner of creating these Honours may in part be gathered out of the Statutes, anno 34 Hen. 8. ca. 5. where Hampton Court is made an Honour: and anno 33. ejusdem, ca. 37. et 38. whereby Amptill and Grafton be likewise made Honours: and anno 37. ejusdem, cap. 18. whereby the King hath power given by his Letters patents, to erect four severall Ho∣nours, of Westminster, of kingston upon Hull, Saint Osithes in Essex, and Dodington in Barkeshire. This word is also used in the self∣same signification in other nations. See ca. licet causam, extra de probationibus, and Min∣singer upon it, nu. 4. In reading I have ob∣served thus many honours in England: The honour of Aquila, Camdens Britan. pag. 231. of Clare, pag. 351. of Lancaster, pag. 581. of Tickhill, pa. 531. of Wallingford, Notting∣ham, Boloine, Magnacharta, ca. 31. of West Greenewish, Camden, pag. 239. of Bedford, Pupil oculi. parte 5. ca. 22. of Barhimsted, Brook titulo Tenure, num. 16. of Hwittam, Camden pa. 333. of Plimpton, Cromptons Jurisd. fo. 115. of Crevecure, and Hagenet Fobert, anno 32, Hen. 8. cap. 48. of East-Greenewish, of Windsor in Barkshire, & of Bealew in Essex. anno 37 H. 8. cap. 8. of Peverel in the Coun∣ty of Lincoln, Regist. origin. fo. 1.

Horngeld is compounded of Horn and Gildan or Gelder, i. Solvere. It signifieth a tax with∣in the forest to be paid for horned beasts, Cromptons Jurisdict. fo. 197. And to be free thereof, is a privilege granted by the king un∣to such as he thinketh good, Idem, ibidem; and Rastall, in his Exposition of words.

Hors de son fee, is an exception to avoid an action brought for rent, issuing out of certain land, by him that pretendeth to be the Lord, or for some customes and services: for if he can justifie that the land is without the com∣passe of his fee, the action falleth, v. Brook hoc titulo.

Hospitallers (Hospitalarii) were certain knights of an Order, so called, because they had the care of hospitals, wherein Pilgrimes were received. To these Pope Clement the fifth transferred the Templers, which Order by a Council held at Vienna in France, he suppressed, for their many and great offences, as he pretended. These Hospitallers be now the knights of Saint John of Malta, Cassan. Glo∣ria mundi, part. 9. considerat. 5. This consti∣tution was also obeyed in Edward the seconds time here in England, and confirmed by par∣liament. Thom. Walsingham in hist. Ed. 2. Stowes Annals, ibidem. These are mentioned, an. 13 Ed. 1. ca. 43. and an. 9 Henrici 3. ca. 37.

Hostelers (Hostellarius) cometh of the French (Hosteler, i. Hospes) and signifieth with us, those that otherwise we call In keepers, anno 9 Ed. 3. stat. 2. cap. 11.

Hotchepot (in partem positio) is a word that commeth out of the Low-countries, where (Hutspot) signifieth flesh cut into pretty pieces, and sodden with herbs or roots, not unlike that which the Romans called farraginem. Festus. Litleton saith, that literally it signifieth a puding mixed of divers ingrediments: but metaphori∣cally a comixtion, or putting together of lands for the equall division of them being so put to∣gether. Examples you have divers in him, fo. 55. and see Britton, fol. 119. There is in the Civil law Collatio bonorum answerable unto it, where∣by if a Child advanced by the Father in his life time, do after his Fathers decease, cha∣lenge a Childs part with the rest, he must cast in all that formerly he had received, and then take out an equal share with the others. De∣collatio bonorum, π. lib. 37. titulo. 6.

House-bote, is compounded of House, and Bote, i. compensatio. It signifieth Estovers out of the Lords wood to uphold a tenement or house.

House-robbing, is the robbing of a man in some part of his house, or his booth, or tent in in any fair or market, and the owner, or his

wife, children, or servants being within the same: for this is felony by anno 23 H. 8. cap. 1. and anno 3 Ed. 6. cap. 9. yea, now it is felony though none be within the house anno 39 Eliz. cap. 15. See Burglary. See West. part. 2. sym. tit. Inditements, sect. 67.

HU

Hudegeld. significat qui tantiam trcnsgressionis illatae in servum transgredientem. Fleta lib. cap. 47. Quaere whether it should not be Hinde∣geld.

Hue and Crie (Hutesium & Clamor) come of two French words (Huier) and Crier) both signifiing to shout or crie aloud. M. Man∣wood parte 2. of his Forest laws, cap. 19. num. 11. saith, that Hew is Latine, meaning belike the Inter••ection: but under reformation, I think he is deceived; this signifieth a pursute of one ha∣ving committed felony by the high-way, for if the party robbed, or any in the company of one murdered or robbed, come to the Constable of the next Town, and will him to raise Hue and Crie, or to make pursute after the offen∣dour describing the party, and shewing as neer as he can, which way he is gone, the Constable ought forthwith to call upon the Parish for ayde in seeking the felon, and if he be not found there, then to give the next Constable warning, and he the next, until the offendour be apprehended, or at the least, until he be thus pursued to the Sea side. Of this read Bract. lib. 3. tract. 2. ca. 5. Smith de Repub. Anglo. lib. 2. cap. 20. and the statute, anno 13 Ed. 1. statute of Winchest. cap. 3. & a. 28 Ed. 3. cap. 11. & anno 27 Eliz. cap. 13. The Normans had such a pursute with a Crie after offenders as this is, which they called Haro: whereof you may read the Grand Customarie, cap. 54. Some call it Harol: the reason whereof they give to be this, that there was a Duke of Normandy, called Rol, a man of great justice and severity against grievous offenders: and that thereupon when they follow any in this pursute, they cry Ha-Rol, as if they should say, Ah Rol where art thou that wert wont to redresse this, or what wouldst thou do against these wretches, if thou wert now living? But in truth I think it cometh from Harier, i. flagitare, inquietare, ur∣gere. Hue is used alone, anno 4 Ed. pri. stat. 2. This the Scots call Huesium, and M. Skene de verb. signif. verb. Huesium, saith, that it cometh of the French Oyes, i. Audite: making one ety∣mologie of this and the crie used before a Pro∣lamation. The maner of their Hue and crie, she there describeth it, is that if a robbery be done, a horn is blown, and an out-crie made: after which, if the party flie away, and not yeeld himself to the Kings Bailiff, he may be lawfully slain, and hanged up upon the next gallows. Of this Hue and Crie, see Cromptons, Justice of peace, fol. 160. b.

Huissers. See Usher.

Hundred (Hundredum) is a part of a Shire so called originally, because it contained ten tithings called in Latine Decennas: These were first ordained by King Alfred the 29. King of the West Saxons. Stows annal, pag. 105. of these thus speaketh M. Lamb. in his Explic. of Saxon words, verbo. Centuria: Aluredus rex, ubi cum Guthruno Daco foedus inierat, prudentissimum il∣lud olim à Jethrone Moysi datum secutus consili∣lium, Angliam primus in satrapias, Centurias, & Decurias, partitus est. Satrapiam, Shire à shyran (quod partiri significat) nomin•• vit: Centuriam, Hundred: & Decuriam, Toothing sive Tienman∣tale, i. Decemvirale collegium appellavit: atque iisdem nominibus vel hodie vocantur, &c. And again afterward: Decrevit tum porro Alure∣dus liberae ut conditionis quisque in Centuriam ascriberetur aliquam, atque in Decemvirale ali∣quod conjiceretur collegium. De minoribus negotiis Decuriones ut judicarent: ac si quae esset res diffi∣cilior, ad Centuriam deferrent: difficilimas deni∣que & maximi momenti lites, Senator et praeposi∣tus in frequenti illo ex omni satrapia cenvontu componerent. Modus autem judicandi quis fue∣rit, Ethelredus Rex, legem, quas frequenti a∣pud Vanatingum senatu sancivit, capite 4. hiis fe∣re verbis exponit. In singulis Centurits com••tia sunto, atque liberae conditionis viri duodeni, aetate superiores, unà cum praeposito, sacra tenentes ju∣ranto, se adeo virum aliquem innocentem haud damnaturos, sontemve absoluturos. This form of dividing Counties into Hundreds for better Government, howsoever it is attributed to king Alfred here with us: yet he had it from Germany, whence hee and his came hither. For there Genta or Centena is a jurisdiction o∣ver a hundred towns, and containeth the pu∣nishment of Capital crimes. Andraeus Kitch∣in, in his tractat. de sublimi & regio territorii ju∣re, cap. 4, pag. 123. where he also sheweth out of Tacitus, de situ et moribus Germa. that this division was usuall amongst the Germans be∣fore his dayes. By this you understand the o∣riginal and old use of Hundreds, which hold still in name, and remain in some sort of com∣bination, for their severall services in divers respects, but their jurisdiction is abolished, and grown to the County Court, some few excepted, which have been by privilege an∣nexed to the Crown, or granted unto some great subject, and so remain still in the nature of a Franchise. And this hath been ever si∣thence the Statute anno 14 Ed. 3. stat. 1. cap. 9. whereby these Hundred Courts formerly fermed out by the Sheriff to other men, were

reduced all, or the most part, to the County Court, and so have and doe remain at this present. So that where you read now of a∣ny Hundred Courts, you must know that they be severall franchises, wherein the She∣riff hath not to deal by his ordinary autho∣rity, except they of the Hundred refuse to doe their office. See West. parte 1. symbol. lib. 2. Sect. 288. See Turn. The new expounder of Law terms saith, that the Latine Hundredum is sometime used for an immunitie or privi∣lege, whereby a man is quit of money or cust∣omes due to the Governour, or hundre∣ders.

Hundreders (Hundredarii) be men impane∣led, or fit to be empaneled, of a Jurie, upon any Controversie, dwelling within the Hun∣dred wher the land lieth, which is in question, Cromptons Jurisd. fol. 217. & anno 35 Henrici 8. ca. 6. It signifieth also him that hath the jurisdiction of a Hundred, and holdeth the Hundred Court, anno 13 Ed. pri. cap. 38. an. 9 Ed. 2. stat. 2. & an. 2. Ed. 3. cap. 4. and sometime is used for the Bailiff of an Hun∣dred. Horn in his mirrour of Justices, lib. 1. ca. del office del coroner.

Hundred laghe, signifieth the Hundred Court, from the which all the officers of the Kings Forest were freed by the Charter of Ca∣nurus, ca. 9. Mannwood, parte 1. pag. 2.

Huers. See Conders.

Huseans, commeth of the French (house∣aux, i. ocrea) a boot, it is used in the Statute an. 4. Ed. 4. cap. 7.

Hustings (Hustingum) may seem to come from the French (Haulser, i. tollere, attollere, suberigere) for it signifieth the principall and highest Court in London, anno 11 H. 7. cap. 21. et Fitz. nat. br. fol. 23. See anno 9 Ed. pri. cap. unico. Other Cities and Towns also have had a Court of the same name, as Win∣chester, Lincolne, York, and Sheppey, and o∣thers, where the Barons or Citizens have a Record of such things as are determinable be∣fore them. Fleta, libro 2. cap. 55.

Husfastne, is he that houldeth house and land, Bract. lib. 3. tra. 2. ca. 10. His words be these: Et in franco plegio esse debet omnis, qui terram tenet et domum, qui dicuntur Hustfastene, et etiam alii qui illis deserviunt, qui dicuntur Folgheres, &c.

IA

IArrock, an. 1. R. 3. ca. 8. is a kind of cork so called.

ID

Identitate nominis, is a writ that lyeth for him who is upon a Capias or Exigent, taken and committed to prison for another man of the same name: whereof see the form and farther use, in Fitz. nat. br. fol. 267. See the Regist. original, fol. 194.

Idiot, and he that afterward becommeth of insane memory, differeth in divers cases,, Coke, fol. 154. b. lib. 4. See here following Idiota inquirenda.

Idiota inquirenda vel examinanda, is a writ that is directed to the Excheator, or the She∣riff of any County, where the King hath un∣derstanding that there is an Idiot, naturally born so weak of understanding, that he can∣not govern or manage his inheritance, to call before him the party suspected of Idiocie, and examine him: And also to enquire by the oaths of 12. men whether he be sufficiently witted to dispose of his own lands with dis∣cretion or not, and to certifie accordingly in∣to the Chancerie: For the King hath the pro∣tection of his Subjects, and by his preroga∣tive the government of their lands and sub∣stance, that are naturally defective in their own discretion. Statut. de praerogrativa Regis editum, anno 17 Ed. 2. cap. 8. whereof read Stawnf. praerog. ca. 9. and of this writ, read Fitz. nat. br. fol. 232. See the Regist. origin. fol. 267.

JE

Jetzon. See Flotzon.

Jeofaile, is compounded of three French words, I'ay faille, i. ego lapsus sum: and signifi∣eth in our common law, an over-sight in plea∣ding, touching the which you have a Statute anno 32 H. 8. ca. 30. whereby it is enacted, that if the Jury have once passed upon the issue, though afterward there be found a Jeofail in the pleading, yet judgement shall likewise be given according to the verdict of the Jurie. See Brook, tit. Repleder. The Author of the new Terms of law saith, that a Jeofaile is when the parties to any Sute, have in pleading pro∣ceeded so farre, that they have joyned issue, which shall be tryed, or is tried by a Jury or inquest, and this pleading or issue is so badly pleaded or joyned, 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 given, and before judge∣ment, as before the Iury be charged: the shewing of which defects before the Jury char∣ged, was often when the Jury came into the Court to trie the issue, then the Councel which will shew it, shall say: This inquest you ought not to take: and if it be after verdict, then he may say: To judgement you ought not to goe: and because of this many delayes

grew in Sutes, divers Statutes are made to re∣dresse them: viz. 32 H. 8. cap. 30. and o∣thers in Q. Elizabeths dayes, and yet the fault little amended,

IG

Ignoramus, is a word properly used by the grand Enquest empaneled in the inquisition of causes criminal tnd publike: and written up∣on the Bill, whereby any crime is offered to their consideration, when as they mislike their evidence, as defective, or too weak to make good the presentment. The effect of which word so written is, that all farther inqui∣ty upon that party for that fault, is therby stop∣ped, and he delivered without farther an∣swer. It hath a resemblance with that cu∣stom of the antient Romans: where the judg∣es, when they absolved a person accused, did write A. upon a little table provided for that purpose, i. Absolvimus: if they judged him guilty, they writ C. id est, Condeninamus: if they found the cause difficult and doubtful, they writ N. L. id est, Non liques. Asconius Redianus in oratio. pro Milone. Alexander ab Alexandro, Genial. dierum lib. 3. cap. 14.

IK

Ikenild-street, is one of the four famous wayes that the Romans made in England, ta∣king the beginning ab Icenis, which were they that inhabited Northf. Southf. and Cambridge∣shire, Camden Britan. fol. 343. See Watling∣street.

IM

Imparlance (interlocutio vel interloquela) is a petition made in Court upon the Count of the Demandant by the Tenent, or Declaration of the Plaintiff by the Defendant, whereby he craveth respite, or any other day to put in his answer. See Brook titulo Continuance. See Dies Da••us. Imparlance seemeth to be gene∣ral or special: special imparlance is with this clause, Salvis omnibus advantagiis tam ad ju∣risdictionem curiae, quàm breve & narrationem. Kitchin, fol. 200. Then general in reason must be that, which is made at large with∣out inserting that or the like clause. See Em∣perlance.

Impeachment of waste (impetitio vasti) co∣meth of the French (empeschement, i. impedi∣mentum) and signifieth with us, a restraint from committing of waste upon lands or tene∣ments. See waste.

Implements, cometh of the French (emploi∣er, i. insumere in re aliqua) it signifieth with us, things tending to the necessary use of any Trade, or furniture of houshold.

Impost, is a French word, signifying tribute, comming of the verb (imposer, i. injungere, ir∣regare) It signifieth with us, the tax received by the Prince for such Merchandize, as are brought into any haven from other Nations, anno 31 Elizabeth, cap. 5. And I think it may in some fort be distinguished from Custom, because Custom is rather that profit, which the Prince maketh of wares shipped out of the land: yet they may be confounded.

Improvement. See Approve.

IN

In casu consimili, is a writ. See Casu con∣simili

In casu proviso, is a writ. See Casu pro∣viso.

Incident (incidens) signifieth a thing neces∣sarily depending upon another, as more prin∣cipall: For example, a Court Baron is so in∣cident to a Manor, and a Court of Piepowders to a Fair, that they cannot be severed by grant: for if a Manor or Fair be granted, these Courts cannot be severed, Kitchin, fol. 36.

Incroche (incrociarie) See Encrochments. Admirals, and their Deputies doe incroche to themselves Jurisdictions, &c. anno 15 R. 2. cap. 3.

Indenture (indentura) is a writing compri∣sing some contract between two, and being indented in the top answerable to another that likewise containeth the same contracts: this the Latines called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which among the Civilians, is defined to be, scriptura inter creditorem & debitorem indentata, in cujus scissura literis capitalibus haec dictio 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or plurally 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and it differeth from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, quia hoc man•• u∣nius tantùm, puta debitoris scribitur, & penes debitorem relinquitur, Pruinc. constitut. de offic. archidiaco. cap. pri. verbo In scrip••is. vid. Go∣thofr. in notis ad l. 27. §. 3. π. ad leg. Corn. de fals.

Indicavi, is a Writ or Prohibition that lyeth for a patron of a Church, whose Clerk is defendant in Court Christian, in an action of Tithes commenced by another Clerk, and extending to the fourth part of the Church, or of the Tithes belonging unto it; for in this case, the sute belongeth to the Kings Court, by the Statute, West. 2. cap. 5. wherefore the Patron of the Defendant, being like to be prejudiced in his Church and advowzen, if the Plaintiff obtain in the court Christian, hath this means to remoove it to the Kings Court; Reg. orig. f. 35. b. See Old nat. br. fol. 31. & the Regist. fol. 35. and Britton cap. 109. fol. A.

Indictments (Indictamentum) See Indight∣ment.

Indivisium, is used in the common Law, for that which two hold in common without par∣tition, Kitchin fol. 241. in these words: He holdeth pro indiviso &c.

Indorsementum (indorsamentum) signifieth in the Common law, a condition written upon the other side of an obligation, West. part. 2. symb. Sect. 157.

Infang, aliâs infeng, significat quietantiam pri∣oris prisae ratione convivii, Flet. lib. 1. cap. 47.

Infangthef, Hingfangthefe, or Infangtheof, is compounded of three Saxon words, the preposition (In) (fang or fong, to take or catch) and (theft) it signifieth a privilege or liberty granted unto Lords of certain Manors, to judge any thief taken within their fee. Bract. lib. 3. tract. 2. cap. 8. In the laws of King Ed∣ward, set out by M. Lamberd, nu. 26. you have it thus described: Infangthefe, Iustitia cognoscentis latronis sua est, de homine suo, si captus fuerit su∣per terram suam: Illi verò qui non habent has consuetudines, coram justicia regia rectum fa∣ciant in Hundredis, vel in Wapentachiis, vel in Scyris: The definition of this see also in Brit∣ton, fol. 90. b. and Roger Hoveden, parte poster. saorum annalium, fol. 345. b. & M. Skene de verborum significat. verbo Infangthefe, who writeth of it at large, reciting diversity of o∣pinions touching this and outfangthief: Fleta saith that in (fangtheef) for so he writeth it, dicitur latro captus in terra alicujus seisitus ali∣quo latrocinio de suis propriis hominibus, lib. 1. ca. 47. §. Infangtheef.

Information. See Enditement. See new Terms of Law.

Informer (informator) in French (informa∣ture) is an officer belonging to the Exchequer or Kings Bench, that denounceth or com∣plaineth of those that offend against any pen∣nal Statute. They are otherwise called pro∣motors, but the men being bashfull of nature, doe blush at this name: these among the Ci∣vilians are called delatores.

Informatus nonsum, is a formal answer of course made by an Atturney, that is com∣manded by the Court to say what he thinketh good in the defence of his Client, by the which he is deemed to leave his Client unde∣fended, and so judgement passeth for the ad∣verse partie. See the new book of Entries, titulo, Nonsum informaus. And Judgement 12.

Ingressu, is a Writ of Entrie, that is, where∣by a man seeketh entrie into Lands or Tene∣ments; it lyeth in many divers cases where∣in it hath as many diversities of formes. See Entrie. This Writ is also called in the par∣ticular, praecipe quod reddat: because those be formall words in all Writs of entry. The Writs as they lye in divers cases, are these, described in the Old nat. br. Ingressu ad termi∣num qui praeteriit, fol. 121. Origin. Regist. fol. 227. which lieth where the Lands or Tene∣ments are let to a man for term of years, and the Tenant holdeth over his term: Ingressu dum non fuit compos mentis, fol. 223. original. Regist. fol. 218. which lieth were a man sel∣leth Land or Tenement when he is out of his wits, &c. Ingressu dum fuit infra atatem, fol. 123. Register original. fol. 228. which lieth where one under age selleth his Lands, &c. Ingressu super disseisina in le quibus, fol. 125. Re∣gister origin. fol. 229. which lieth where a man is disseised and dieth, for his heir a∣gainst the disseisour. Ingressu in per, fol. 126. origin. Regist. fol. 229. Ingressu sur cui in vita, fol. 128. original. Register, fol. 239. both which see in Entry. Ingressu causa matrimonii praelocuti, fol. 130. original. Register, fol. 233. which see, Causa matrimonii praelocuti. Ingres∣su in casu proviso, fol. 132. Regist. origin. fol. 235. which see, Casu proviso. Ingressu cui ante divor••ium, fol. 130. original. Register, fol. 233. for which see, Cui ante divortium. Ingressu in consimili casu, fol. 233. original. Register, fol. 236. for which see, Consimili casu. Ingressu sine consensu capituli, fol. 128. original. register, fol. 230. for which see, Sine assensu capituli. In∣gressu ad communem legem, fol. 132. original. Register, fol. 234. which lieth, where the Te∣nent for term of life, or of anothers life, Te∣nant by courtesie, or Tenant in Dower ma∣keth a feofment in fee, and dyeth; he in re∣version shall have the foresaid writ against whomsoever that is in the land, after such fe∣ofment made.

Ingrossing of a fine, is making the Inden∣tures by the Chirographer, and the delivery of them to the party unto whom the cog∣nisance is made, Fi zh eb. nat. br. fol. 147. A.

Ingrosser (ingrossator) cometh of the French Grosseur, i. crassitudo, or Grosier, i. Solidarius venditor. It signifieth in the Common law, one that buyeth corn growing, or dead victual, to sell again, except Barly for mault, Oats for Oatmeal, or victuals to retail, badging by li∣cence, and buying of oyles, spices, and victu∣als, other than fiish ot salt, anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. Wests words, parte 2. symbol. titulo Inditements. Sect. 64. Howbeit this definition rather doth belong to unlaw∣ful ingrossing, than to the word in general. See Forstaller.

Inheritance (haereditas) is a perpetuity in ands or tenements to a man and his heirs. For Littleton ca. 1. li. 1. hath these words: And it is to be understood, that this word (inheri∣tance) is not only understood, where a man

hath inheritance of Lands and Tenements by descent of heritage, but also every fee simple, or fee tail that a man hath by his purchase, may be said inheritance: for that, that his heirs may inherit him: Several inheritance is that, which two or more hold severally, as if two men have land given them, to them & the heirs of their two bodies, these have joint estate during their lives, but their heirs have several inheritance, Kitchin, fol. 155. See the new Terms of law, verbo Enheritance.

Inhibition (Inhibitio) is a writ to inhibit or forbid a Judge from farther proceeding in the cause depending before him. See Fitz. nat. br. fo. 39. where he putteth prohibition & inhibition together: inhibition is most commonly a writ issuing out of a higher Court Christian to a lower and inferiour, upon an appeal, anno 24 H. 8. cap. 12. and prohibition out of the Kings Court to a Court Christian, or to an in∣feriour Temporal Court.

Injunction (injunctio) is an interlocutory de∣cree out of the Chancerie, sometimes to give possession unto the Plaintiff, for want of appa∣rence in the Defendant, sometime to the Kings ordinary Court, and sometime to the Court Christian, to stay proceeding in a cause, upon suggestion made, that the rigour of the law, if it take place, is against equity and con∣science in that case. See West. parte 2. symb. titulo Proceeding in Chancery, Sect. 25.

Inlawgh (Inlagatus, vel homo sub lege) sig∣nifieth him that is in some franck pledge, of whom take Bractons words, li. 3. tract. 2. ca. H. nu. 5. Minor vero, & qui infra aetatem duode∣cim annorum fuerit, utlagari non potest nec extra legem pont: quiae ante talem aetatem non est sub lege aliqua, nec in decenna, non magis quam foe∣mina, quae utlagari non potest quiae ipsa non est sub lege, i. Inlowghe anglice: sc. in franco plegio si∣ve decenna sicut masculus duodecim annorum & ulterius, &c. Inlaughe, significat hominem sub∣jectum lege, Fleta, lib. 1. cap. 47.

Inlagary (Inlagatio) is a restitution of one outlawed, to the Kings protection, and to the benefit or estate of a subject, Bracton, lib. 3. tract. 2. cap. 14. nu. 6, 7, 8. Britton, cap. 13.

Inmates, are those that be admitted to dwell for their money jointly with an other man, though in several rooms of his Mansion house, passing in and out by one door, and not being able to maintain themselves, which are in∣quiral in a Leet, Kitchin, fol. 45. where you may read him at large, who be properly In∣mates in intendment of law, and who not.

Imprison, anno 18. Ed. 3. statu. 4. cap. unico. seemeth to signifie so much as an attempt, comming of the French (Empris) which is all one with (Enterpris) an enterprite.

Inquirendo, is an authority given to a per∣son or persons, to inquire into something for the Kings advantage; which, in what cases it lyeth, see the Register original, fol. 72.85.124.265.266.179.267.

Inquisition (Inquisitio) is a maner of procee∣ding in matters criminal, by the office of the Judge, which Hostiensis defineth thus: Inqui∣sitio nihil aliud est quam alicujus criminis mani∣festi ex bono & aequo Judicis competentis canoni∣ce facta investigatio, ca. qualiter, de accusatio. in the Decretales: this course we take here in England by the great inquest before Iustices in Eyre. See Eyre; and the places in Bracton and Britton there noted. Inquisition is also with us, used for the King in temporal causes and profits, in which kind it is confounded with Office, Stawnford praerogativ. fol. 51. See office.

Inrolement (Irrotulatio) is the Registring, recording or entring of any lawful act in the Rolles of the Chancerie, as recognisance ac∣knowledged, or a Statute, or a Fine levied. See West. parte 2. symbol. titulo Fines, Sect. 133.

Insimul tenuit, is one species of the writ called a Formdon. See Formdon.

Intakers, be a kind of Thieves in Ridesdall, anno 9. H. 5. ca. 8. so called, as it seemeth, because they dwelling within that liberty, did receive in such booties of cattel or other things as the out parters brought in unto them. See Out parters.

Interdiction (Interdictio) is used in the Com∣mon law, in the same signification that it hath in the Canon law, where it is thus defined: Interdictio est censura ecclesiastica prohibens ad∣ministrationem divinorum: c. quod in te: de poenitent: & remiss. in the Decretals: and thus is it used, an. 24. H. 8. ca. 12.

Interpleder. See Enterpleder.

Intrusion (intrusio) by Bracton lib. 4. cap. 2. is thus defined: Intrusio est, ubi quis, cui nul∣lum jus competit in re nec scintilla Iuris, possessio∣nem vacuam ingreditur, quae nec corpore nec ani∣mo possidetur, sicut haereditatem jacentem ante∣quam adita fuerit ab haerede, vel saltem à domi∣no capitali ratione custodiae, vel ratione eschaetae si forte haeredes non existant, vel si post mortem alicujus per finem factum, ••••l per modum dona∣tionis, ubi successio sibi locum vendicare nonpossit, vel si post mortem alicujus qui tenuit ad vitam de∣beat tenemen um reverti ad proprietarium, ponat quis se in seisinam antequam tenementum illud veniat ab illis ad quem pertinere deberet ex prae∣dictis causis, with whom agreeth Fleta, lib. 4. cap. 30. sect. 1. & 2. See Britton cap. 65. to the

same effect. See the new book of Entries, verb. Entrusion. See Entrusion. See Disseisin: the Au∣thor of new Terms of law would have intrusion especially after the tenant for life is deceased. Verbo Abatement, and abatement in all other cases: But I find not any Latine word for A∣batement, but intrusio; so that 1 rather think these two English words to be Synonyma: and Fleta, cap. supra citato, seemeth direct against this his opinion.

Intrusione, is a Writ that lyeth against the Intruder: Regist. fol. 233.

Inventarie (inventarium) is a description or repertory orderly made of all dead mens goods and Cattels, prized by four credible men or more, which every Executor or Administrator ought to exhibite to the Ordinary, at such times as he shall appoint the same. West. parte prim. Symb. lib. 2. sect. 696. where likewise you may see the form. This Inventary proceed∣eth from the Civil Law; for whereas by the antient Law of the Romans, the Heir was tyed to answer all the Testators debts, by which means heritages were prejudicial to many men and not profitable: Justinian to encou∣rage men the better to take upon them this charitable office, ordained, that if the Heir would first make and exhibite a true Inventary of all the Testators substance comming to his hand, he should be no further charged, than to the value of the Inventary: l. ult. Cod. de Jure deliberando.

Invest (investire) commeth of the French word (Invester) and signifieth to give possessi∣on. Hear Hotoman de verbis feudalibus, verbo Investitura: Investitura barbarum nomen, bar∣baricam quoque rationem habet. Nam, ut ait Feudista, lib. 2. tit. 2. Investitura propriè dicitur quando hasta vel aliquod corporeum traditur à do∣mino; with us we use likewise to admit the Tenant, by delivering them a verge or rodd in∣to their hands, and ministring them an oath, which is called Investing: Others define it thus, Investitura, est alicujus in suum jus intro∣ductio.

Inure, signifieth to take effect: as the par∣don inureth: Stawnf. praerog. fol. 40. See Enure.

JO

Joynder, is the coupling of two in a sute or action against another: Fitzh. nat. br. fol. 118. H. 201. H. 221. & H. in many other places, as appeareth in the Index, verbo Joynder.

Joynt tenants (fimul tenentes) liber intrationum, titulo Formdon in vieu. 3. be those that come to and hold Lands or Tenements by one title pro indiviso, or without partition. Littleton, lib. 3. cap. 3. and Terms of Law: See Tenants in common.

Joyning of issue (Junctio exitus) See Issue.

Joynture (Junctura) is a covenant whereby the husband or some other friend in his behalf, assure••h unto his wife, in respect of mariage, lands, or tenements for term of her life, or o∣therwise. See West. part. 2. Symbol. lib. 2. ti∣tulo Covenants, sect. 128. and the new expositi∣on of the law Terms: It seemeth to be caled a Joynture, either because it is granted ratione juncturae in matrimonio, or because the land in Frank mariage, is given joyntly to the Husband and the Wife, and after to the Heirs of their bodies, whereby the Husband and Wife be made joynt tenants during the coverture. Coke lib. 3. Butler and Bakers case, f. 27. b. See Frank mariage. Joynture, is also used as the abstract of Joynt tenants, Coke lib. 3. the Marquess of Winchesters Case, fol. 3. a. b. Junctura, is also by Bracton and Fleta used for joyning of one bargain to another, Fleta lib. 2. cap. 60. touch∣ing the self-same thing: and therefore joyn∣ture in the first signification, may be so cal∣led, in respect that it is a bargain of livelihood for the wife: adjoyned to the contract of ma∣riage.

Journ Choppers, anno 8 Hen. 6. cap. 5. be re∣graters of yarn. Whether that we now call (yarn) were in those daies called (journ) I can∣not say; but (Choppers) in these dayes are well known to be changers, as choppers of Churches, &c.

Journeyman, commeth of the French (Jour∣nee) that is a day, or dayes work, which argu∣eth that they were called Journeymen, that wrought with others by the day, though now by Statute it be extended to those likewise, that covenant to work in their occupation with another by the year, anno quinto Elizabeth, cap. quarto.

IS

Issue (Exitus) commeth of the French (Issir, i. emanare) or the Substantive (Issue, i. exitus, eventus.) It hath divers applications in the common Law: sometime being used for the children begotten between a man and his wife: sometime for profits growing from an amerce∣ment or fine, or expences of sute: sometime for profits of lands or tenements: West. 2. anno 13. Edw. prim. cap. 39. sometime for that point of matter depending in sute, whereupon the parties joyn and put their cause to the trial of the Jury: and in all these it hath but one sig∣nification, which is an effect of a cause procee∣ding, as the children be the effect of the mari∣age between the Parents: the profits growing to the King or Lord from the punishment of a∣ny mans offence, is the effect of his transgressi∣on: the point referred to the trial of twelve men, is the effect of pleading or processe. Issue,

in this last signification, is either general, or special; General issue seemeth to be that, whereby it is referred to the Jury to bring in their verdict, whether the Defendant have done any such thing, as the Plaintiff layeth to his charge. For example, if it be an offence a∣gainst any Statute, and the Defendant plead, not culpable: this being put to the Jury, is cal∣led the General issue: and if a man complain of a private wrong which the Defendant deni∣eth, and pleads, no wrong nor disseisin, and this be referred to the 12. it is likewise the Gene∣ral issue, Kitchin, fol. 225. See the Doctor and Student, fol. 158. b. The Special issue then must be that, where special matter being alleged by the Defendant for his defence, both the parties joyn thereupon, and so grow rather to a De∣murrer, if it be quaestio Juris, or to tryal by the Jury, if it be quaestio facti; See the new Book of Entries, verbo Issue.

JU

Juncture. See Joynture.

Jure patronatus. See the new Book of En∣tries, verbo Jure patronatus in quare impedit. fol. 465. col. 3.

Jurie (Jurata) commeth of the French (Jurer, i. jurare) it signifieth in our Common law, a company of men, as 24. or 12. sworn to deliver a truth upon such evidence as shall be delivered them touching the matter in questi∣on. Of which trial who may and who may not be empanelled, see Fitzh. nat, brev. fol. 165. D. And for better understanding of this point, it is to be known, that there be three manner of trials in England: one by Parliament, ano∣ther by Battel, and the third by Assize or Jury, Smith de Repub. Anglorum, lib. 2. cap. 5, 6, 7. touching the two former read him, and see Battel and Combat, and Parliament: the trial by Assise (be the action civil or criminal, pub∣like or private, personal or real) is referred for the fact to a Jury, and as they find it, so passeth the Judgement, and the great favour that by this the King sheweth to his Subjects more than the Princes of other Nations, you may read in Glanvil, lib. 2. cap. 7. where he called it Regale beneficium clement is principis de consilio procerum populis indultum, quo vitae hominum & Status integritats tam salubriter consulitur; ut in jure, quod quis in libero soli tenemento possidet, re∣tinendo, duelli casum declinare possint homines ambiguum, &c. see the rest. This Iury is not used only in Circuits of Justices Er∣rant, but also in other Courts, and matters of Office, as if the Escheatour make inquisi∣tion in any thing touching his Office, he doth it by Jury or Inquest; if the Coroner in∣quire how a subject found dead, came to his end, he useth an Inquest, the Justices of Peace in their Quarter Sessions, the Sheriff in his County and Turn, the Bayliff of a Hundred, the Steward of a Court Leet, or Court Baron, if they inquire of any offence, or decide any cause between party and party, they doe it by the same manner. So that where it is said that all things be triable by Parliament, Battel, or Assise; Assise in this place is taken for a Jury or Enquest, empanelled upon any cause in a Court where this kind of trial is used: and though it be commonly deemed, that this cu∣stom of ending and deciding causes proceed from the Saxons and Britons, and was of favour permitted unto us by the Conquerour: yet I find by the grand Customarie of Normandy, cap. 24. that this course was used likewise in that Country. For Assise is, in that Chapter, defi∣ned to be an assembly of wise men, with the Bayliff, in a place certain at a time assigned for∣ty dayes before, whereby Justice may be done in causes heard in the Court. Of this custom also, and those Knights of Normandie, Johannes Faber maketh mention, in the Rubrique of the Title de militari testamento: in Institut. this Jury, though it appertain to most Courts of the Common law, yet is it most notorious in the half-year Courts of the Justices errants, com∣monly called the great Assises, and in the quar∣ter Sessions, and in them it is most ordinarily called a Jury. And that in civil causes: where∣as in other Courts, it is oftener termed an En∣quest, and in the Court Baron the Homage. In the general Assise, there are usually many Ju∣ries, because there be store of causes both civil and criminal comonly to be tried, whereof one is called the Grand Jury, and the rest Petit Ju∣ries: whereof it seemeth there should be one for every Hundred, Lamb. Eirenar. lib. 4. cap. 3. pag. 384. The Grand Jury consisteth ordina∣rily of 24. grave and substantial Gentlemen, or some of them Yeomen, chosen indifferently out of the whole Shire by the Sheriff, to consider of all Bils of Inditement preferred to the Court: which they doe either approve, by writing up∣on them these words, Billa vera, or disallow, by writing, Ignoramus: such as they doe ap∣prove, if they touch Life and Death, are far∣ther referred to another Jury to be considered of, because the case is of such importance: but others of lighter moment, are upon their al∣lowance, without more work, fined by the Bench, except the party travers the Inditement, or challenge it for insufficiency, or remove the cause to a higher Court by Certiorari, in which two former cases it is referred to another Ju∣ry, and in the latter transmitted to the higher, Lamb. Eir. li. 4. ca. 7. and presently upon the allowance of this Bill by the Grand Enquest, a

man is said to be indited. Such as they dis∣allow, are delivered to the Bench, by whom they are forthwith cancelled or torn. The Petit Iury consisteth of twelve men at the least, and are empaneled, as well upon cri∣minal as upon civil causes; those that passe upon offences of Life and Death, doe bring in their verdict either guiltie or not guilty; wher∣upon the Prisoner, if he be found guilty, is said to be convicted, and so afterward recei∣veth his judgement, and condemnation: or otherwise is acquitted and set Free. Of this read Fortes. cap. 27. Those that passe upon civil causes real, are all, or so many as can conve∣niently be had, of the same Hundred, where the land or tenement in question doth lie, and four at the least. And they upon due exa∣mination bring in their verdict either for the Demandant, or Tenent. Of this see Fortes∣cue, cap. 25, 26. According unto which, judge∣ment passeth afterward in the Court where the cause first began: and the reason hereof is, because these Justices of Assise, are in this case, for the ease of the Country, only to take the verdict of the Jury, by the vertue of the writ called (Nisi prius) and so return it to the Court where the cause is depending. See (Nisi prius) Joyn with this the chapter for∣merly cited out of the Custumary of Norman∣die, and that of King Etheldreds laws, mentioned by Master Lamberd, verbo Centuria, in his ex∣plication of Saxon words. And by these two words you shall perceive, that as well among these Normans, as the Saxous, the men of this Jury were Associates and Assistants to the Judges of the Court, in a kind of equalitie, whereas, now adayes they attend them in great humility, and are, as it were, at their command for the service of the Court: the words set down by M. Lamberd are these: In singulis centuriis comitia sunto, at{que} liberae con∣ditionis viri duodeni aetate superiores, un à cum prae∣posito sacra tenentes, juranto, se aedeo virum ali∣quem innocentem hand condemnaturos, sontemve absoluturos: to this joyn also the 69. chapter of the said Custumary. See Enquest. See 12. Men. See Lamberds Eirenarch. lib. 4. cap. 3. pag. 384.

Juris utrùm, is a writ that lieth for the in∣cumbent, whose predecessour hath alienated his lands or tenements; the divers uses of which writ, see in Fitzh. nat. br. fol. 48.

Jurisdictiou (Jurisdictio) is a dignity which a man hath by a power to doe Iustice in causes of Complaint made before him. And there be two kinds of Jurisdictions, the one that a man hath by reason of his fee, and by vertue there∣of doth right in all plaints concerning his fee: The other is a Iurisdiction given by the Prince to a Bayliff: this division I have in the Custu∣mary of Normandie, cap. 2. which is not unapt for the practice of our Commonwealth, for by him whom they call a Bayliff, wee may un∣derstand all that have commission from the Prince to give judgement in any cause. The Civilians divide jurisdictionem generally in imperium & jurisdictionem: and im∣perium in merum et mixtum. Of which you may read many especiall tractats written of them, as a matter of great difficulty and impor∣tance.

Justes, cometh of the French (Joustes, i. de∣cursus) and signifieth with us, contentions between Martial men by speares on horsback, anno 24 H. 8. cap. 13.

Justice (Justiciarius) is a Freneh word, and signifieth him that is deputed by the King to doe right by way of judgement: the reason why he is called Justice, and not Judex, is be∣cause in ancient time the latine word for him was (Justitia) and not (Justiciarius) as appea∣reth by Glanv. lib. 2. cap. 6. Roger Hoveden part. poster. suorum annalium, fo. l 413. a. and divers other places, which appellation we have from the Normans, as appeareth by the Grand Custumary, cap. 3. And I doe the ra∣ther note it, because men of this function should hereby consider, that they are or ought to be, not (Justi) in their judgements, but in abstract (ipsa justitia) howbeit I hold it well, if they perform their office in concreto. Another reason why they are called Justiciari•• with us, and not Judices, is, because they have their authority by deputation, as Delegates to the King, and not jure magistratus; and therefore cannot depute others in their stead, the Justice of the Forest only excepted, who hath that liberty especially given him by the Statute anno 32 H. 8. cap. 35. for the Chan∣cellor, Marshal, Admiral, and such like, are not called Justiciarii, but Judices: of these Justices you have divers sorts in England, as you may perceive here following. The man∣ner of creating these Justices, with other ap∣purtenances, read in Fortescue cap. 51.

Justice of the Kings bench (Justiciarius de Banco Regis) is a Lord by his office, and the chief of the rest; wherefore he is also called Capitalis Justiciarius Angliae: his office especi∣ally is to hear and determine all plees of the Crown: that is, such as concern offences com∣mitted against the crown, dignity, and peace of the King; as treasons, felonies, mayhems, and such like, which you may see in Bracton, lib. 3. tractat. 2. per totum, and in Stawnf. treatise intituled, The plees of the Crown, from

the first chapter to the fifty one of the first Book. But either it was from the beginning, or by time is come to passe, that he with his Assistants, heareth all personal actions, and real also, if they be incident to any personal action depending before them: See Cromptons jurisd. fol. 67. &c. Of this Court Bracton lib. 3. ca. 7. nu. 2. saith thus: Placita vero civilia in rem & personam in Curia domini Regis terminanda, coram diversis Justiciariis terminantur: Habet enim plures curias in quibus diversae actiones ter∣minantur; & illarum curiarum habet unam propriam, sicut aulam regiam, & justiciariios capitales qui proprias causos Regis terminant, & aliorum omnium par querelam vel per privilegi∣um sive libertatem; ut si sit aliquis qui implaci∣tari non debeat, nisi coram domino Rege. This Justice (as it seemeth) hath no patent under the broad Seal. For so Cromp. saith, ubi su∣pra. He is made only by Writ, which is a short one to this effect; Regina Johanni Po∣pham militi salutem. Sciatis quod constituimus vos Justiciarium nostrum capitalem, ad placita coram nobis terminandum, durante bene-placito nostro, Teste, &c. And Bracton in the place now recited, speaking of the Common Plees, saith, that Sine Warranto jurisdictionem non ha∣bet, which (I think) is to be understood of a Commission under the great Seal. This Court was first called the Kings Bench, because the King sat as Judge in it in his proper Person, and it was moveable with the Court. See anno 9 H. 3. cap. 11. More of the jurisdiction of this Court, see in Crompton ubi supra. See Kings Bench. The oath of the Justices see in the Statute, anno 18 Edw. 3. stat. 4. See Oatb.

Justice of common plees (Justiciarius commu∣nium placitorum) is also a Lord by his Office, and is called (Dominus Justiciarius communium placitorum) and he with his assistants original∣ly did hear and determine all causes at the Common law, that is, all civil causes between common persons, as well personal as real, for which cause it was called the Court of Com∣mon Plees, in opposition to the Plees of the Crown, or the Kings Plees, which are spe∣cial and appertaining to him only. Of this, and the Jurisdiction hereof, see Cromptons ju∣risdiction, fol. 91. This Court was alwayes setled in a place, as appeareth by the Statute anno 9 H. 3. cap. 11. The oath of this Justice and his Associates, see anno 18 Edw. 3. Stat. 4. See Oath.

Justice of the Forest (Justiciarius Forestae) is also a Lord by his Office, and hath the hea∣ring and determining of all offences within the Kings Forest, committed against Venison or Vert; of these there be two, whereof the one hath jurisdiction over all the Forests on this side Trent: the other of all beyond. The chiefest point of their Jurisdiction, consisteth upon the articles of the Kings Charter, called Charta de Foresta, made anno 9 H. 3. which was by the Barons hardly drawn from him, to the mitigation of over cruel ordinances made by his predecessors. Read M. Camdens Brit. pag. 214. See Protoforestarius. The Court where this Justice sitteth and determineth, is called the Justice seat of the Forest, held eve∣ry three years once, whereof you may read your fill in M. Manwoods first part of Forest lawes, pag. 121. & 154. & pag. 76. He is sometimes called Justice in Eyre of the Forest. See the reason in Justice in Eyre. This is the only Justice that may appoint a Deputy per sta∣tutum, anno 32 H. 8. cap. 35.

Justices of Assise (Justiciarii ad capiendas Assisas) are such as were wont by special Commission to be sent (as occasion was offe∣red) into this or that County, to take Assises: the ground of which polity, was the ease of the Subjects: For whereas these actions passe alway by Jury, so many men might not with∣out great hinderance be brought to London, and therefore Justices for this purpose were by Commission particularly authorised, and sent down to them. And it may seem that the Justices of the Common Plees had no power to deal in this kind of businesse, until the sta∣tute made anno 8 Richard 2. cap. 2. for by that they are enabled to take Assises, and to deli∣ver Gaols. And the Justices of the kings Bench have by that Statute such power affirmed unto them, as they had one hundred years before that: Time hath taught by experience, that the better sort of Lawyers, being fittest both to judge and to plead, may hardly be spared in term time to ride into the Countrey about such businesse: and therefore of later years, it is come to passe, that these commissions (ad capiendas Assisas) are driven to these two times in the year out of term, when the Justi∣ces and other may be at leasure for these Con∣troversies also: wherupon it is also fallen out, that the matters wont to be heard by more general Commission of Justices in Eyr, are heard all at one time with these Assises: which was not so of old, as appeareth by Bracton, l. 3. c. 7. 2. nu. Habet etiam Justiciarios itinerantes de Co∣mitatu in Comitatum, quandoque adomnia placita, quandoque; ad quaedam specialia, sicut Assisas, &c. et ad Gaolas deliberandas, quando{que} ad unicam, vel duas, & non plures. And by this means the Justi∣ces of both Benches, being justly to be accoun∣ted the fittest, of all others & others their Assi∣stants,

as also the Sergeant at law may be im∣ployed in these affaires, who as gravest in years, so are they ripest in judgement, and therefore likest to be void of partiality, for be∣ing called to this dignity, they give over pract∣ice, anno 8 R. 2. cap. 3. but this alway to be remembred, that neither Justice of either Bench, nor any other, may be Justice of Assise in his own Countrey, anno 8 R. 2. cap. 2. & anno 33 H. 8. cap. 24. Lastly, note, that in these dayes, though the self same men dis∣parch businesse of so divers natures, and all at one time, which were wont to be performed by divers, and at severall times, yet they doe it by several commissions, Cromptons jurisdict∣ions, fol. 210. For those who be in one word called Justices of Circuit, and twice every year passe, by two and two, through all Eng∣land have one Commission to take Assises, a∣nother to deliver Gaols, another of Oyer and Terminer. That Justices of Assise, and Justi∣ces in Eyre did antiently differ, it appeareth anno 27 Ed. 3. cap. 5. and that Justices of As∣sise, and Justices of Gaol delivery were divers, it is evident by anno 4 Ed. 3. cap. 3. The oath taken by Justices of Assise, is all one with the oath taken by the Justices of the Kings Bench. Old abridgement of Statutes, titulo Sacramentum Justiciariorum. See Oath.

Justices of Oyer and Terminer, (Justiciarii ad audi••ndum & Terminandum) were Justices de∣puted upon some especial or extraordinary oc∣casion, to hear and deter mine some or more causes. Fitzherbert in his natura brevium saith, that the Commission a'Oyer and Termi∣ner, is directed to certain persons upon any great assembly, insurrections, hainous de∣meanure, or trespasse committed. And be∣cause the occasion of granting this commission should be maturely weighed, is provided by the Statute anno 2 Ed. 3. cap. 2. that no such commission ought to be granted, but that they shall be dispatched before the Justices of the one Bench or other, or Justices errants, except for horrible trespasses, and that by the special favour of the King. The form of this commission, see in Fitzh. natur. brev. fol. 110.

Justices in Eyre (Justiciarii itinerantes) are so termed of the French (Erre, i. iter) which is an old word, as (a grand erre, i. mag∣nis itineribus) proverbially spoken; the use of these in antient time, was to send them with Commission into divers Counties, to hear such causes especially, as were termed the Plees of the Crown, and therefore I must imagine they were so sent abroad for the ease of the Subjects, who must else have been hurried to the Kings Bench, if the cause were too high for the County Court. They differed from the Justices of Oyer and Terminer, because they (as is above-said) were sent upon some one, or few especial cases, and to one place: where∣as the Justices in Eyre, were sent through the Provinces and Counties of the land, with more indefinite and general Commission, as appeareth by Bracton, lib. 3. cap. 11, 12, 13, and Britton, cap. 2. And again, they seem to differ in this, because the Justices of Oyer and Terminer, (as it is before said) were sent un∣certainly, upon any uproar or other occasion in the countrey: but these in Eyre (as M. Gwin setteth down in the Preface to his Read∣ing) were sent but every seven year once with whom Horn in his mirrour of Justices, seemeth to agree, lib. 2. cap. queux point estre actourrs, &c. and lib. 2. cap. des peches criminels, &c. al suyte de Roy, &c. and li. 3. ca. de Justices in Eyre: where he also declar••th what belong∣ed to their office. These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth, pag. 104. And Roger Hoveden, parte posteri. annalium, fol. 313. b. hath of them these words: Justiciarii itinerantes constituti per Henricum secundum, i. qui divisit regnum suum in sex partes, per quarum singulas tres Justiciari∣os itinerantes constituit, quorum nomina haec sunt, &c.

Justices of Gaol delivery (Justiciarii ad Gao∣las deliberandas) are such as are sent with Com∣mission, to hear and determine all causes ap∣pertaining to such as for any offence are cast in∣to the Gaol, part of whose authority is, to punish such, as let to Mainprise those priso∣ners, that by law be not baileable by the Sta∣tute de finibus, cap. 3. Fitz. nat. br. fol. 151. I. These by likelihood in antient time, were sent to Countries upon this several occasion. But afterward Justices of Assise were likewise authorised to this, anno 4 Ed. 3. cap. 3. Their oath is all one with other of the Kings Justices of either Bench, Old Abridgement of Statutes, titulo Sacramentum Justiciariorum. See Oath.

Justices of labourers, were Justices appointed in those times, to redresse the frowardnesse of labouring men, that would either be idle, or have unreasonable wages. See anno 21 Ed∣vardi 3. cap. primo. anno 25 ejusd. cap. 8. & an. 31 ejusd. cap. 6.

Justices of Nisi prius, are all one now a∣dayes with Justices of Assises: for it is a com∣mon Adjournment of a cause, in the Gom∣mon Plees to put it off to such a day, Nisi prius Justiciarit venerint ad eas parte, ad capi∣endas Assisas: and upon this clause of Ad∣journment,

they are called Justices of Nisi Prius, as well as Justices of Assises; by reason of the writ or action that they have to deal in: their Commission you may see in Cromptons Jurisdictions, fol. 204. yet M. Crompton ma∣keth this difference between them, because Justices of Assise have power to give judge∣ment in a cause, but Justices of Nisi prius, only to take the verdict. But in the nature of both their functions this seemeth to be the greatest difference, because Justices of Nisi pri∣us have to deal in causes personal as well as real, whereas Justices of Assise, in strict ac∣ception, deal only with the possessory writs called Assises.

Justices of trial baston, aliàs of trayl baston, were a kind of Justices appointed by King Edward the first, upon occasion of great disor∣der grown in the Realm, during his absence in the Scotish and French warres; they are cal∣led in the Old nat. brev. fol. 52. Justices of trial Baston, but by Holynshed and Stow, Ed. pri. of Trail baston, or trailing or drawing the staff, as Holynshed saith: Their office was to make inquisition through the Realm by the verdict of substantial Juries, upon all officers, as Mai∣ors, Sheriffs, Bayliffs, Escheators and o∣thers, touching extortion, briberies, and other such grievances, as intrusions into other mens lands, and Barratours that used to take mo∣ney for beating of men, and also of them whom they did beat: by means of which inqusitions many were punished by death, many by ran∣some, and so the rest flying the Realm, the land was quieted, and the King gained great riches toward the supporting of his wars. In∣quire farther of the name. Baston is thought by some to be the beam of a pair of Scoales or Weights: And this is in this place metapho∣rically applied to the just peising of recom∣pence for offences committed. My poor opi∣nion is, that the etymologie of this title or addition groweth from the French (Treilles, i. cancelli,) bars or lettises of what thing soever, a grate with crosse bars, or of the singular (Treille, i. pargula,) an house, arbour, a rail or form, such as vines run upon, and (Baston) a staff or pole, noting thereby, that the Justi∣ces imployed in this Commission, had authori∣ty to proceed without any solemn Judgement Seat, in any place either compassed in with railes, or made Booth or Tent-wise, set up with staves or poets without more work, wheresoever they could apprehend the male∣factors they sought for. See libro Assisarum, folio 57.141.

Justices of Peace (Justiciarii ad pacem) are they that are aprointed by the kings Commis∣sion, with others, to attend the peace of the Countie where they dwell: of whom some up∣on special respect are made of the Quorum, because some businesse of importance may not be dealt in without the presence or assent of them or one of them. Of these it is but folly to write more, because they have so many things appertaining to their Office, as cannot in few words be comprehended. And again Justice Fitzherbert sometime sithence, as also Master Lamberd and Master Crompton of late, have written Bookes of it to their great com∣mendation, and fruitfull benefit of the whole Realm. See also Sir Thomas Smith de repub: Anglorum lib. 2. cap. 19. They were called Gardians of the Peace, until the 36. year of king Edward the third, cap. 12. where they be called Justices. Lam. Eirenarcha lib. 4. cap. 19. pag. 578. Their oath see also in Lamberd, lib. 1. cap. 10.

Justices of Peace, &c. within Liberties, Justi∣ciarii ad pacem infra libertates, be such in Ci∣ties and other Corporate Towns, as those o∣thers be of any County, and their authoritie or power is all one within their several pre∣cincts, Anno 27 H. 8. cap. 25.

Justicies, is a Writ directed to the Sheriff, for the dispatch of Justice in some especiall cause, wherewith of his own authoritie he cannot deal in his County Court, lib. 12. cap. 18. whereupon the Writ de Excommunicato deliberando, is called a Justicies in the Old nat. brev. fol. 35. Also the Writ, de homine replegi∣ando, eodem fol. 41. Thirdly, the Writ, de secun∣da superoneratione pasturae, eodem fol. 73. Kitchin fol. 74. saith, that by this writ called Justicies, the Sheriff may hold plee of a great summe, whereas of his ordinary authoritie he cannot hold plees but of summs under forty shillings. Crompton fol. 231. agreeth with him. It is called a Justicies, because it is a commission to the Sheriff ad Justiciandam aliquem, to doe a man right, and requireth no return of any cer∣tificate of what he hath done. Bracton lib. 4. tract. 6. cap. 13. num. 2. maketh mention of a Justicies to the Sheriff of London, in a case of Dower. See the new book of Entries, Justi∣cies.

Justification (Justificatio) is an upholding or shewing a good reason in Court, why he did such a thing as he is called to answer, as to Justifie in a cause of Replevin, Broke, titulo Replevin.

KE.

KEeper of the great Seal (Custos Magni Si∣gilli) is a Lord by his Office, and called Lord-Keeper of the great Seal of England, &c. and is of the Kings privy Councel, under whose hands pass all Charters, Commissions, and Grants of the King, strengthened by the great or broad Seal. Without the which Seal, all such Instruments by Law are of no force; for the King is in interpretation and intend∣ment of Law, a Corporation, and therefore pas∣seth nothing firmly, but under the said Seal. This Lord Keeper by the Statute anno 5 Eliz. cap. 18. hath the same and the like place, au∣thority, preheminence, Jurisdiction, execu∣tion of Laws, and all other Customes, Com∣modities, and advantages, as hath the Lord Chancellor of England for the time being.

Keeper of the privy Seal (Custos privati Sigil∣li) is a Lord by his Office, under whose hands pass all Charters signed by the Prince, before they come to the broad or great Seal of Eng∣land. He is also of the Kings privy Councell. He seemeth to be called Clerk of the privy Seal, anno 12 Rich. 2. cap. 11. But of late daies I have known none to bear this Office, by reason the Prince thinketh good, rather to keep his Seal in his own hands, and by pri∣vate trust to commit it to his principal Secre∣tary, or some such one of his Councel as he thinketh fit for that function.

Keeper of the Touch, anno 2 H. 6. cap. 14. seemeth to be that Officer in the Kings Mint, which at this day is termed the Master of the Assay. See Mint.

Keeper of the Forest (Custos Forestae) is also called Chief Warden of the Forest, Manwood parte prim. of his Forest laws, pag. 156. &c. and hath the principal government of all things belonging thereunto: as also the check of all Officers belonging to the Forest. And the Lord Chief Justice in Eyr of the Forest, when it pleaseth him to keep his Justice Seat, doth forty daies before, send out his general Summons to him, for the warning of all under Officers, to appear before him at a day assign∣ed in the Summons. This see in Manwood u∣bi supra.

KI

King (Rex) is thought by M. Camden in his Britan. pag. 105. to be contracted of the Saxon word Cyninge, signifying him that hath the highest power and absolute rule over our whole Land: and thereupon the King is in in∣tendment of Law cleared of those defects that Common persons be subject unto. For he is alwaies supposed to be of full age, though he be in years never so young, Cromptons Jurisdi∣ctions, fol. 134. Kitchin fol. 1. He is taken as not subject unto death, but is a Corporation in himself that liveth ever, Crompton ibidem. Thirdly, he is above the Law by his absolute power, Bracton lib. 1. cap. 8. Kitchin fol. 1. And though for the better and equal course in making Laws, he do admit the three Estates, that is, Lords Spiritual, Lords Temporal, and the Commons unto Counsel, yet this in divers learned mens opinions, is not of constraint, but of his own benignity, or by reason of his promise made upon oath at the time of his Coronation. For otherwise were he a Sub∣ject after a sort, and subordinate, which may not be thought without breach of duty and loyalty. For then must we deny him to be a∣bove the Law, and to have no power of dis∣persing with any positive law, or of granting e∣special Privileges and Charters unto any, which is his only and clear right, as Sir Thomas Smith well expresseth, lib. 1. cap. 3. de Repub. Anglica. and Bracton, lib. 2. cap. 16. num. 3. and Britton ca. 39. For he pardoneth life and limme to Offendors against his Crown and Dignity, except such as he bindeth him∣self by Oath not to forgive. Stawnf. pl. Cor. l. 2. ca. 35. And Habet omnia jura in manu sua, Bracton l. 2. c. 24. nu. 1. And though at his Coro∣nation he take an Oath, not to alter the laws of the Land, yet this Oath notwithstanding he may alter, or suspend any particular Law that seemeth hurtfull to the publique Estate. Black∣wood in Apologia Regum, cap. 11. See Oath of the King. Thus much in short, because I have heard some to be of opinion, That the Laws be above the King. But the Kings Oath of old you may see in Bracton lib. 3. cap. 9. nu. 2. for the which look in Oath of the King. The Kings Oath in English you may see in the old Abridgement of Statutes, titulo Sacram. Re∣gis. Fourthly, the Kings only Testimony of any thing done in his presence, is of as high nature and credit as any Record. Whence it commeth, that in all Writs or Precepts sent out for the dispatch of Justice, he useth none other Witness but himself, alwaies using these words under it, Teste me ipso. Lastly, he hath in the right of his Crown many Prero∣gatives above any common person, be he ne∣ver so potent or honorable: whereof you may read you fill in Stawnfords Tractate upon the Statute thereof made, anno 17 Ed. 2. though that contain not all by a great number. What the Kings power is, read in Bracton lib. 2. cap. 24. nu. pri. & 2.

King of Heralds (Rex Haraldorum) is an

Officer at Armes, that hath the preeminence of this Society. See Herald. This officer of the Romans was called Pater Patratus.

Kings Bench (Bancus Regius) is the Court or Judgement Seat where the King of England was wont to sit in his own person: and there∣fore was it moveable with the Court or Kings houshold. And called Curia Domini Regis, or Aula R••gia, as Master Gwin reporteth in the Preface to his Readings; and that in that and the Exchequer, which were the only Courts of the King, untill Henry the Thirds dayes, were handled all matters of Justice, as well Civil as Criminal; whereas the Court of Common Plees might not be so by the Sta∣tute anno 9 H. 3. cap. 11. or rather, by Master Gwins opinion, was presently upon the grant of the great Charter severally erected. This Court of the Kings bench was wont in ancient times to be especially exercised in all Crimi∣nal matters and Plees of the Crown, leaving the handling of private contracts to the Coun∣ty Court. Glanvil. lib. 1. cap. 2, 3, 4, & lib. 10. cap. 18. Smith de Repub. Anglicana, lib. 2. cap. 11. and hath President of it, the Lord Chief Justice of England, with three or four Justices assistants, four or five as Fortescue saith, cap. 51. and Officers thereunto belonging, the Clerk of the crown, a Praenatory, or Protono∣tary, and other six inferior Ministers or At∣turneys. Camb. Britan. pag. 112. See Latitat. How long this Court was moveable, I find not in any Writer: But in Brittons time, who wrot in K. Ed. the 1. his dayes, it appeareth it followed the Court, as M. Gwin in his said preface well observeth out of him. See Justice of the Kings Bench.

Kings silver, is properly that money, which is due to the King in the court of Common Plees, in respect of a licence there granted to any man for passing a fine. Coke vol. 6. fol. 39. a. & 43. b.

Kintall of woad, iron, &c. is a certain waight of Merchandize, to the value of an hundred, or somthing under or over, acording to the divers uses of sundry nations. This word is mentioned by Plowden in the case of Reniger & Fogassa.

KN

Knave is used for a man-servant, anno 14 Edward. 3. stat. 1. ca. 3. and by M. Verstigans judgement, in his restitution of decayed intel∣ligence, ca. 10. is borrowed of the Dutch ena∣pa, cnave or knave, which signifie all one thing. And that is some kind of officer or ser∣vant: as scild-knapa was he that bore the wea∣on or shield of his superiour, whom the Latins call Armigerum: and the Frenchmen, Escuyer.

Knight (miles) is almost one with the Sax∣on Cnight, i. administer; and by M. Camdens judgement, pag. 110. derived from the same. With us it signifieth a Gentleman, or one that beareth arms, that for his vertue, and especial∣ly martiall prowesse, is by the King, or one having the Kings authority, singled (as it were) from the ordinary sort of Gentlemen, and raised to a higher account or step of dig∣nity. This among all other Nations, hath his name from the horse: because they were wont in antient time to serve in warres on horse∣back. The Romans called them Equites. The Italians at these dayes term them Cavallieri. The Frenchmen Chevalliers. The German, Reiters. The Spaniard, Gavellaros, or Varo∣nes à Cavallo. It appeareth by the Statute, anno 1 Ed. 2. cap. 1. that in antient times, Gentlemen having a full Knights fee, and holding their land by Knights service, of the King, or other great person, might be urged by distress, to procure himself to be made knight, when he came to mans estate, for the answerable service of his Lord in the kings wars. To which point you may also read M. Camden in his Britann. pag. 111. But these customs be not now much urged: this dignity in these dayes being rather of fa∣vour bestowed by the Prince upon the wor∣thier sort of Gentlemen, than urged by con∣straint. The manner of making knights (for the dignitie is not hereditarie) M. Camden in his Britan. pag. 111. shortly expresseth in these words: Nostris verò temporibus, qui E∣questrem dignitatem suscipit, flexis genibus edu∣cto g'adio leviter in humero percutitur. Princeps his verbis Gallicè affatur: Sus vel sois Chevalier au nom de Dieu, id est, Surge, aut, Sis eques in nomine Dei. The Solemnity of making knights among the Saxons, M. Stow mentioneth in his Annals, pag. 159. See the privileges be∣longing to a Rnight in Ferns Glorie of Gene∣rosity, pag. 116. Of these Knights there be two sorts: one Spiritual, another Temporal. Cassanaus in gloria mundi, parte 9. Considerat, 2. of both these sorts, and of many subdivisions, read him in that whole part. The Temporal, or second sort of Knights M. Fern in his Glo∣ry of generosity, pag. 103. maketh threefold here with us. Knights of the Sword, Knights of the Bath, and Knights of the Soverain Or∣der, that is, of the Garter: of all which you may read what he saith. I must remember that mine intent is but to explain the terms especially of our common Law. Wherefore such as I find mentioned in Statutes, I will define as I can. M. Skene de verbor. significat. verbo Milites, saith, that in the antient Laws of Scotland, Freeholders were called Milities, which may seem to have been a custom with

us also, by divers places in Bracton, who saith, that Knights must be in Juries, which turn Freeholders do serve.

Knights of the Garter (Equites Garterii) are an Order of Knights, created by Edward the third, after hee had obtained many notable victories (King John of France, and King James of Scotland being both his prisoners to∣gether, and Henry of Castile the Bastard ex∣pulsed out of his Realm, and Don pedro being restored unto it by the Prince of Wales, and Duke of Aquitane, called the Black Prince) who for furnishing of this Honourable Order, made a choice out of his own Realm, and all Christendome, of the best, and most excel∣lent renowned Knights in Vertues and Ho∣nour, bestowing this dignity upon them, and giving them a Blew Garter, decked with Gold, Pearl, and precious Stones, and a Buc∣kle of Gold to wear daily on the left legge only, a Kirtle, Crown, Cloak, Chaperon, a Coller, and other stately and magnifical appa∣rel, both of stuff and fashion, exquisite and heroical, to wear at high Feasts, as to so high and Princely an Order was meer. Of which order, he and his successours, Kings of England, were ordained to be the Soveraigns, and the rest fellows and brethren to the num∣ber of twentie six, Smith de Repub. Anglo. lib. prim. cap. 20. I have seen an antient monu∣ment, whereby I am taught that this Hono∣rable Company is a College or a Corporation, having a Common Seal belonging unto it, and consisting of a Soveraign Gardian, which is the King of England, that alwayes governs this order by himself or his Deputy, of twen∣ty five Companions called Knights of the Gar∣ter, of fourteen secular Chanons that be Priests, or must be within one year after their admission: 13. Vicars also Priests, and 26. poor Knights, that have no other sustenance or means of living but the allowance of this house, which is given them in respect of their daily Prayer to the Honour of God, and (ac∣cording to the course of those times) of Saint George. There be also certain officers belong∣ing to this order, as namely, the Prelate of the Garter, which office is inherent to the Bishop of Winchester, for the time being, the Chancellor of the Garter, the Register, who is alwaies Dean of Windsor. The principal King at Armes called Garter, whose chief function is to mannage, and marshal their So∣lemnities at their yearly Feasts and installati∣ons. Lastly, the Usher of the Garter, which (as I have heard) belongeth to an Usher of the Princes Chamber, called Blacke rod. There are also certain ordinances or Constitutions belonging unto this Society, with certain forfeitures, and sometime penances for the breakers of them; which constitutions con∣cern either the Solemnities of making these Knights, or their duties after their creation, or the Privileges belonging to so high an or∣der, but are too large for the nature of this poor Vocabularie. The site of this College, is the Castle of Windsour, with the chapel of Saint George, erected by Edward the Third, and the Chapter house in the said Castle. Howbeit the yearly Solemnity or Prfoession may be, and is, by the Soveraigns direction, performed at the Court, wheresoever it lyeth, upon Saint Georges day. Master Camden saith, that this order received great ornament from Edward the fourth. See M. Ferns glory of Generosity, pag. 120. See Garter. Hos∣pinian in his book de origine & progressu Mona∣chatiu, maketh mention of this honourable or∣der, terming it by ignorance of our tongue or∣dinem Carteriorum equitum; and Charteriorum equitum; which you may read, cap. 307. as also Bernardus Girardus in his historie, lib. 15. cap. 185.

Knights of the Bath (milites balnei, vel de balneo) are an order of Knights made within the Lists of the Bath, girded with a Sword, in the ceremony of his creation. Ferns glorie of generositie, pag. 105. These are spoken of, anno 8 Edw. 4. cap. 2. But I had an old Mo∣nument lent me by a friend, whereby it ap∣peareth, that these knights were so called of a Bath, into the which (after they had been shaven and trimmed by a Barber) they entered, and thence, the night before they were Knighted, being well bathed, were taken again by two Esquiers commanded to attend them, dried with fine linnen cloathes, and so apparelled, and led through many so∣lemn ceremonies, viz. confessing their sins, watching and praying all night in a Church or Chapel, with many other, to the order of knighthood the next day. So that by the same reason these seemed to be tearmed knights of the Bath, by which knights made out of the field in these dayes are called knights of the Carpet, because in receiving their Order, they commonly kneel upon a carpet.

Knights of the Order of S. John of Jerusalem

Milites Sancti Johannis Hierosolumitani) were otherwise called knights of the Rhodes: beeing an Order of knighthood that had be∣ginning about the year of the Lord 1120. Ho∣norius then Pope of Rome: Cassanaeus de Glo∣ria Mundi, parte 9. Consideratione 4. And Master Fern in his Glory of Generosity, pag.

127. They had their primary foundation and chief aboad first in Hierusalem, and then in Rhodes, where many of them lived under their Principal, called the Master of Rhodes, untill they were expelled thence by the Turk, Anno 1523. Si••hence which time their chief Seat is at Malta, where they have done great ex∣ploits against the Infidels, but especially in the year 1595. These, though they had their beginning and especiallest aboad first at Hieru∣••alem, and next in Rhodes, yet they encrea∣sed both in number and Revenues, living af∣ter the Order of Friers under the rule of Saint Augustine, and were dispersed into France, Spain, Alverne, Campany, England and Ireland. Of these mention is made in the Statute, Anno 25 Her. 8. cap. 2. and an∣no 26 ejusdem cap. secundo. And it appeareth that they in England had one general Prior, that had the government of the whole Order within England and Scotland, Regist. orig. fol. 20. b. But towards the end of Henry the eighths daies, they in England and Ireland be∣ing found overmuch to adhere to the Bishop of Rome against the King, were suppressed, and their Lands and Goods referred by Parlia∣ment to the Kings disposition, anno 32 Hen. 8. cap. 24. The occasion and the propagation of this order more especially described, you may read in the Treatise intituled the Book of Ho∣nor and Arms, lib. 5. cap. 18. written by Ma∣ster Richard Johnes.

Knights of the Rhodes, anno 32 H. 8. cap. 24. See Knights of the Order of S. John.

Knights of the Temple (otherwise called Templers) Templarii was an Order of Knight∣hood, created by Gelasius the Pope, about the year of our Lord, 1117. and so called, be∣cause they dwelt in a part of the buildings be∣longing to Temple. These in the beginning dwelling not far from the Sepulchre of the Lord entertained Christian Strangers and Pil∣grims charitably, and in their Armor led them through the Holy Land, to view such things as there were to be seen, without fear of Infi∣dells adjoining. This Order continuing and increasing by the space of 200 years, was far spread in Christendom, and namely here in England. But at the last, the chief of them at Hierusalem, being (as some men say) found to fall away to the Sarazens from Christianity, and to abound in many vices, the whole Or∣der was suppressed by Clemens quintus, which was about King Edward the 1. daies, and their substance given partly to the Knights of the Rhodes, and partly to other Religious. Cas∣san. de gloria mundi, parte 9. Consid. 5. And see anno prim. Edw. 1. cap. 24. Others write, that in truth their destruction grew from leaning to the Emperour against the Pope of Rome, whatsoever was pretended. Joach. Ste∣phanus de jurisdictione, lib. 4. cap. 10. nu. 18. See Templers.

Knights of the Shire (Milites Comitatus) otherwise be called Knights of the Parlia∣ment, and be two Knights, or other Gentle∣men of worth, that are chosen in pleno Comi∣ta••u, by the Freeholders of every County that can dispend 40 shillings per annum, and be re∣sident in the Shire, anno 10 H. 6. cap. 2. & anno 1 H. 5. cap. 1. upon the Kings Writ, to be sent to the Parliament, and there by their Counsel to assist the common proceed∣ings of the whole Realm. These when every man that had a Knights fee, were custumarily constrained to be a Knight, were of necessity to be mlietes gladio cincti for so runneth the te∣nure of the writ at this day. Crompton Jurisdict. fo. pri. But now there being but few Knights in comparison of former times, and many men of great livings in every County, Custom bear∣eth that Esquires may be chosen to this Office, anno 23 H. 6. cap. 6. so that they be resident within the County, anno H. 6. cap. 7. & anno 1 H. 5. cap. prim. For the observations in choise of these Knights, see the Statutes, an∣no 7 H. 4. cap. 15. & anno 11 ejusdem, cap. 1. & anno 6 Hen. 6. cap. 4. & anno 23 H. 6. ca. 15. and the new Book of Entries, verbo Par∣liament, nu. 1. Their expences during the Par∣liament are born by the County, anno 35 Hen. 8. cap. 11.

Knight Marshal (Marescallus hospitii re∣g••i) is an Officer in the King House, having jurisdiction and cognisance of any transgressi∣on within the Kings House and Verge, as also of Contracts made within the same House, whereunto one of the House is a party: Re∣gist. orig. fo. 185. a, b. et fo. 191. b. whereof you may there read more at large.

Knights fee, (feudum militare) is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue, which in Henry thirds daies was 15 pounds, Cambdeni Britan. pag. 111. Or 180 acres of Land or 800 acres, eodem. But Sir Thomas Smith in his Re∣pub. Ang. li. prim. cap. 18. rateth it at forty pound. And I find in the Statute for Knights, anno prim. Ed. 2. cap. prim. that such as had twenty pounds in fee, or for term of life per annum, night be compelled to be Knights. Master Stowe in his Annals pag. 285, saith, there were found in England at the time of the Conqueror sixty thousand, two hundreds and eleven Knights fees: others say 60215. whereof the religious Houses before their

suppression were possessed of 28015. Knights fee is sometime used for the Rent that a Knight paye••h for his fee to his Lord, of whom he holdeth. And this is an uncertain sum: some holding by forty shillings the shield, some by twenty shillings, as appeareth by Bracton lib. 5. tract. prim. ca. 2.

Knighton gylde, was a Gylde in London, con∣sisting of ninteen Knights, which King Edgar founded, giving unto them a portion of void ground lying without the walls of the City, now called Portsokenward. Stowe in his An∣nals, pag. 151.

LA

LAborariis, is a Writ that lyeth against such, as having not whereof to live, do re∣fute to serve: or for him that refuseth to serve in Summer where he served in Winter, Orig. Regist. fol. 189 b.

Laches commeth of the French (Lascher, i. laxare, or lasche, i. frigidus, ignavus, flacci∣dus) It signifieth in our Common law, negli∣gence: as no Laches shall be adjudged in the Heir within age, Litleton, fo. 136. and Old nat. br. fol. 110. where a man ought to make a thing, and makes it not, I of his laches can∣not have an Assise, but I must take mine Acti∣on upon the Case.

Lagon, see Flotzon.

Laisedlists, an. 1 R. 3. ca. 8.

Land tenent, anno 14 Edw. 3. stat. 1. ca. 3. & anno 23 ejusdem, cap. 1. & 26. ejusdem stat. 5. cap. 2. See Terre-tenent, & anno 12 R. 2. ca. 4. & an. 4 H. 4. c. 8. It is joyned with this word (Possessor) as Synonymon, v. anno 1 H. 6. ca. 5. See Terretenant.

Lants de crescentia Walliae traducexdis abs{que} custuma, &c. is a Writ that lyeth to the Customer of a Port, for the permitting one to passe over Woolls without Custome, be∣cause he hath paid Custome in Wales before, Register, fol. 279.

Lapse, (Lapsus) is a slip or departure of a right of Presenting to a void Benefice, from the original Patron neglecting to present within six months unto the Ordinary. For we say, that Benefice is in lapse or lapsed, whereunto he that ought to present hath o∣mitted or slipped his opportunity, anno 13 E∣lizab. cap. 12. This lapse groweth as well the Patron being ignorant of the avoidance, as privy, except only upon the Resignation of the former Incumbent, or the Deprivation upon my cause comprehended in the Statute, anno 13 Eliz. cap. 12. Panor. in ca. quia diversitatem, num. 7. de concess. praebend. Rebuffus de devolut. in praxi benesiciorum. Lancelotus de collation: lib. 1. Institut. Canon. § Tempus autem. In which Cases the Bishop ought to give notice ••o the Patron.

Larceny (Laricinium) commeth of the French (Larcen, i. furtum, detractio alicui.) It is defined by West. parte 2. Sym. titulo Indite∣ments, to be theft of personal goods or chat∣tells, in the Owners absence: and in respect. of the thing stolne, it is either great or small. Great Larcenny is, wherein the things stoln though severally, exceed the value of 12 d. and Petit Larceny, is, when the goods stoln, exceed not the value of 12 d. hitherto M. West. But he differeth from Bracton lib. 3. tract. 2. cap. 32. nu. 1. Of this see more in Stawnf. pl. cor. li. 1. cap. 15, 16, 17, 18, 19.

Laghsl••te, is compounded of (lah, i. lex) and (slite, i. ruptum) and signifieth mulctam rup∣tae vel violatae legis, Lamb. explication of Saxon words, verbo Mulcta.

Last, is a Saxon word, signifying a bur∣den in general, as also particularly a certain weight: for as we say a last of Hering, so they say, Ein last cornes, last wines, &c. chence commeth Lastage, which see in Le∣stage. A Last of Hering containeth ten thou∣sand, anno 31. Ed. 3. stat. 2. cap. 2. A Last of ••itch and tar, or of ashes, containeth 14 parrells, anno 32 H. 8. cap. 14. A Last of hides, anno 1 Jac. ca. 33. containeth 12 dozen of hides or skins.

Latitat, is the name of a Writ, whereby all men in personal actions, are called origi∣nally to the Kings Bench, Fitz. natura brevi∣um, fol. 78. M. And it hath the name from this, because in respect of their better expedi∣tion, a man is supposed to lurk, and therefore being served with this writ, he must put in security for his appearance at the ••ay, for latitare, est se malitiosè occultaere a nimo fraudandi creditores suos agere volentes. l. Eulcinius, §. Quid sit latitare. π. Quibus ex eau∣sis in possessionem eatur: But to understand the true original of this Writ, it is to be known, ••hat in ancient time, whilest the Kings Bench was moveable, and followed the Court of the King, the Custom was, when any man was to ••e sued, to send forth a Writ to the Sheriff of ••••e County where the Court lay, for the calling ••im in: and if the Sheriff returned, Non est in∣ventus

in Baliva nostra, &c. then was there a second Writ procured forth, that had these words, (Testatum est ••um latitare, &c.) and thereby the Sheriff willeth to attach him in a∣ny other place where he might be found. Now when the tribunal 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 Sheriff of Middlesex to sum∣mon the party, and if he could not be found there, then next to apprehend him wheresoe∣ver. But this seeming too troublesome for the Subject, it was at last devised, to put both these wits into one, and so originally to attach the party complained of upon a sup∣posall or fiction, that he was not within the County of Middlesex, but lurking elsewhere, and that therefore he was to be apprehended in any place else. where he was presumed to lye hidden, by a Writ directed the Sheriff of the County where he is suspected to be. And by this Writ a man being brought in, is committed to the Marshall of that Court, in whose custody when he is, then by reason he is in the same County where the Kings Bench is, he may be sued upon an Action in that Court, whereas the original cause of apprehending him, must be a pretence of some deceit or con∣tempt committed, which most properly of old belonged to the cognizance of that Court. I have been informed, that the bringing of these Actions of Trespass so ordinarily to the Kings Bench was an invention of Councel∣lors, that because only Sergeants may come to the Common Pleas Bar, found a means to set themselves on work in that Court. The form of this Writ is such: Jacobus Dei gratia An∣gliae Franciae, Scotiae, & Hibernia Rex, fidei de∣fonsor, &c. Vicecomisi Cantabridgiae salutem. Cum Vicecomiti nostro Middlesexiae nupar praece∣perimus, quod caperct Thomam T. & Williel∣mum W. si invents fuissent in Baliva sua, & eos salvo custodiret, ita quòd haberet copora eorum coram nobis apud Westminster die Veneris proxi∣mo post octavas Sanctae Trinitatis, ad responden∣dum Roberto R. de placito transgressionis, cum{que} Vicecomes noster Middlesexiae, ad diem illum no∣bis returnaverit, quod praedicti Tho. T. & Williel∣mus W. non sunt i••venti inbaliva sua, super quo ex parte praedicti Roberti in curia nostra coram nobis sufficienter testatum est, quòd praedicti Thomas & Willielmus latitant & discurrunt in Comitatu tuo. Idcirco tibi praecipimus quod capias eas, si inventi fuerint in baliva tua, & eos salvo custodias, ita quod habeas corpora eorum coram nobis apud Westminster, die Martis proximo post tres septi∣manas, eodem Trinitatis, ad respondendum prae∣fato Roberto de placito pradicto, & habeas ibi tunc hoc breve. Teste Johanne Papham apud Westminster. Roper.

Launcegay, anno 7 Richard. secundi, cap. 13.

Law, (lex) commeth of the Saxon (lah,) the general signification is plain, only this I thought to note, that the Law of this Land hath Leen variable. For first, Dunwallo Mul∣mutius otherwise Molincius a Britain, that be∣ing Duke of Co••nwall, reduced the whole Land formerly severed by civil wars, into the State of a Monarchy, made certain wholesome Laws which long after were called Mulmutius Laws and by Gyldas translated out of the British tongue into Latin, Stow in his Annals, p. 16. Of these there remain yet certain heads, recorded by our Historiographers as followeth. 1. Ut Deorum templa, & civitates hominum conse∣quantur tantam dignitatem, ne quis illo confugi∣ens extrahi possit, antequàm ab eo quem laeserat, veniam impetraverit. 2. Ut hujusmodi priv••∣legium immunitatis habeant etiam ipsae viae q•••••• ducunt ad templa & ad urbes. 3. Imo et ju∣menta quoque illa, quae res rusticae subveniunt. 4. Denique colonorum aratra ip sa tali praeroga∣tiva libertatis perfruantur. 5. Ho•• amplius, ut ne qua terra vacaret cultur••, neve populus in∣opia rei frumentariae premeretur, aut ••a minisere∣tur, si pecora sola oecuparent agros qui ab homini∣bus coli debent. 6. Constituit quot aratra quaeli∣bet dioecesis haberet: ac poenam statui iis, per quos ill•• numerus aratrorum foret dimunitus. 7. Item vetuit, bovem aratorem pro debito pecuniae assig∣nari debitoribus, si alia bona debitoris essent. Itae fore, ne compendii causa homines pecuarii agros incultos redderent: sic etiam fore, ne quid earum rerum quas natura praebet, hominibus usquam de∣esse passet. Rich. Vitus, historiarum Britann••a. l. 3. n. 1. And of these Laws we find no obscure remanets in our laws now in use. See Mag na Charta cap. 1. et cap. 14. See Sanctuary. See Peace. Then was there a Law called Merchen∣lage, whereby the Mercians were governed, being a Kingdom in the heart of the Land, containing those Countries, that be now cal∣led Northampton shire, Leicester-shire, Rut∣land-shire, Lincoln-shire, Nottingham-shire, and Derby-shire, Camden Britan. pag. 94. whose power was great in the Heptarchie of the Saxons, untill at the last they were con∣quered by the West Saxons, and made subject to them. Polydor. in Angl. Hist. lib. 5. But whereas the name of these Laws favoureth of the Saxons time, it is reported by others that Martia a very learned Queen, & wife to Quin∣telinus a Britton King, was the Author of them long before the Saxons set foot into England. Rich. Vitus, histo. Brittan. li. 3. num. 14. who

also saith that Alfrea the Saxon King transla∣ted both these, and also those of Mulmutius into the English or Saxon tongue. Thirdly, there was the law of the West Saxons, called West Saxenlage, and the law of the Danes, when they set foot into the Realm, called Denelage. And of these Laws, Edward made one Law, as some write, whereby he ruled his Kingdom. But M. Camden ubi supra, speak∣ing nothing of Mulmutius laws, saith out of Gervasius Tilburiensis, that of the other three William the Conqueror chose the best, and to them adding of the Norman laws, such as he thought good, he ordained laws for our king∣dome, which we have at this present, or the most of them.

Law hath an especial signification also, wher∣in it is taken for that which is lawful with us, & not else where. As tenent by the courtesie of England, an. 13 Ed. 1. c. 3. and again, to wage Law, vadiare legem: and to make law, facere le∣gem, Bracton l. 3. tract. 2. c. 37. is to challenge a special benefit, that the Law of this Realm af∣fordeth in certain cases: whereof the first, sc. vadiare legem, is to put in security, that he will make law at a day assigned, Glanvile lib. 1. cap. 9. and to make law, is to take an oath, that he oweth not the debt challenged at his hand, and also to bring with him so many men as the Court shall assign, to avow upon their oath, that in their Consciences he hath sworn truly. And this law is used in actions of debt, without specialty, as also where a man comming to the Court, after such time, as his Tenements for default, be seised into the Kings hands, will deny himself to have been summoned, Glanvile, l. b. 1. cap. 9. & 12. And see Bracton ubi supra, num. 1. v. Kitchin fol. 164. See the new exposition of law Terms, verbo (Ley) this is borrowed from Norman∣d••, as appeareth by the Grand Customary, cap. 85. But Sir Edward Cook saith, it springeth originally from the Judicial law of God, lib. 4. of his Reports, Slades Case, fol. 95. b. alle∣ging the 22 Chapter of Exodus, verse 7. Whe∣ther so or not, the like Custome is among the Feudists: by whom they that come to purge the Defendant are called (Sacramentales) li∣bro Feud. 1. titulo 4. sect. 3. & titulo 10. & ti∣tulo 26.

Law of Arms (jus militare) is a Law that giveth precepts and rule how rightly to pro∣clame war, to make and observe leagues and truce, to set upon the enemie, to retire, to punish offendors in the Camp, to appoint soul∣diers their pay, to give every one dignity to his desert, to divide spoyls in proportion, and such like, for farther knowledge where∣of, read those that write de ••re belli.

Law day, signifieth a Leet, Cromptons ju∣risdict. fol. 160. and the County Court, anno 1 Edw. 4. cap. 2.

Lawles man, is he qui est extra legem, Bract∣on, lib. 3. tract. 2. cap. 11. num. prim. See Outlaw.

Law of Marque. See Reprisalls. This word is used anno 27 Edw. 3. stat. 2. cap. 17. and groweth from the German word March, i. limes, a bound or limit. And the reason of this appellation is, because they that are driven to this law of reprisall, do take the Goods of that people of whom they have re∣ceived wrong, and cannot get ordinary Ju∣stice, when they can catch them within their own territories or precincts.

Law Merchant, is a Privilege or special law differing from the Common law of Eng∣land, and proper to Merchants and summary in proceeding, anno 27 Edw. 3. stat. 8, 9, 19, et 20. anno 13 Edward 1. stat. tertio.

Lawing of dogs (expeditatio canum) See Ex∣peditate. Mastifs must be lawed every three year, Crompton jurisdict. fol. 163.

LE

Leasi (lessa) commeth of the French (laysser, i. linquere, relinquere, smittere, permittere:) It signi∣fieth in our Common law, a demise or letting of lands or tenements, or right of Common, or of a Rent, or any hereditament unto another, for term of years or of life, for a rent reserved. And a lease is either written, called a lease by Indenture, or made by word of mouth, cal∣led a lease paroll. See the new terms of the law. The party, that letteth this lease, is called the Leassour, and the party to whom it is let, the Lessee. And a lease hath in it six ponts: viz. words importing a demise, a leassee named, a commencement from a day certain, a term of years, a determination, a reservation of a rent, Cook vol. 6. Knights Case fol. 55. a.

Leet (leta) is otherwise called a law day, Smith de Repub. Anglor. lib. 2. cap. 18. the word seemeth to have grown from the Saxon (Lethe) which as appeareth by the laws of King Edward set out by M Lambard, num. 34. was a Court of Jurisdiction above the Wapentake or Hundred, comprehending three or four of them, otherwise called Thry∣hing, and contained the third part of a Pro∣vince or Shire. These Jurisdictions one and other be now abolished, and swallowed up in the County Court, except they be held by pre∣scription. Kitchin, fol. 6. or Charter in the nature of a Franchise, as I have said in (Hun∣dred.) The liberty of Hundreds is rare, but ma∣ny Lords, together with their Courts Baron, have likewise Leets adjoined, and thereby

doe enquire of such transgressions, as are sub∣ject to the enquiry and correction of this Court: whereof you may read your fill in Kitchin, from the beginning of this book to the fift Chapter, B••itton, cap. 28. But this Court, in whose Manor soever it be kept, is accounted the kings Court, because the au∣thority thereof is originally belonging to the Crown, and thence derived to inferiour per∣sons, Kitchin, fol. 6. Justice Dyer saith, that this Leete was first-derived from the Sheriffs, Turn, fol. 64. And it enquireth of all offences under high treason, committed against the Crown and Dignity of the king; though it cannot punish many, but must certifie them to the Justices of Assise, per Statut. anno 1. Ed: 3. cap. ult. Kitchin, fol. 8. but what things be onely inquirable, and what punishable, see Kitchin in the charge of a Court Leet, fol. 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20. See also the Statute, anno 8. Ed. 2. The Jurisdiction of Bayliffs in the Dutchy of Nor∣mandie, within the compasse of their Provin∣ces, seemeth to be the same, or very near the same, with the power of our Leet, cap. 4. of the grand Custumary.

Legacie (legatum) is a particular thing given by last will and testament. For if a man dispose or transferre his whole right or estate upon another, that is called Haereditas by the Civili∣ans, and he to whom it is so transferred, is termed haeres. Howbeit our common Lawyers call him Heir to whom all a mans lands and hereditaments doe descend by right of bloud. See Heir. See Hereditaments.

Leproso amovendo, is a writ that lyeth for a Parish to remove a Leper or Lazar, that thrust∣eth himself into the companie of his neigh∣bours, either in Church or other publike meet∣ing, and commeth with them to their annoy∣ance or disturbance. Regist. orig. fol. 267. Fitz, nat. Brev. fo. 234.

Lestage, aliâs lastage, (lastagium) procee∣deth from the Saxon word (last. i. onus) and is a Custom challenged in Fairs and Markets, for carrying of things. Rastals Exposition of words: or a Custom challenged in cheapings or Fairs. Saxon in the description of England, cap. 11. Lastage anno 21. R. 2. cap. 18. seem∣eth to be the ballance of a ship. Fleta termeth it Lesting, saying quòd significat acquietantiam Le stagii lib. 1. cap. 47. § Lesting.

Letters of Exchange, (literae Cambitoriae, vel literae Cambii) Regist. orig. fol. 194. a.

Letters patents (literae patentes) bee Wri∣tings sealed with the broad Seal of England, whereby a man is authorized to doe or enjoy any thing that otherwise of himself he could not, anno 19. H. 7. cap. 7. And they be so termed of their form, because they be open with the Seal hanging, ready to be shewed for the confirmation of the authority given by them. If any will say, that Letters patents may be granted by Common persons, I will not greatly contend. For I find that to be true in Fitz. nat. br. fol. 35. E. Howbeit they bee called rather patents in our Common speech, then Letters patents. Letters pa∣tents to make Denizens, anno 32. Hen. 6. cap. 16. yet for difference sake, the kings letters patents be called letters patents royal. Anno 2 Hen. 6. cap. 10. There is likewise a writ patent, Fitzh. nat. br. fol. 1. & seqq.

Levari facias, is a writ directed to the She∣riff, for the levying of a Sum of money upon lands and tenements of him that hath forfeited a Recognizance, &c. Regist. origin. fol. 298. b. & 300. b.

Levari facias damna de disseisitoribus, is a writ directed to the Sheriff, for the levying of damages, wherein the disseisour hath former∣ly been condemned to the disseisee. Regist. fol. 214. b.

Levari facias residuum debiti, is a writ di∣rected to the Sheriff, for the levying of a Re∣manant of a debt upon lands and tenements, or chattels of the debtor, that hath in part sa∣satisfied before, Regist. orig. fol. 299.

Levari facias quando vicecomes returnavir quòd non habuit emptores, is a writ command∣ing the Sheriff to sell the goods of the debtor, which he hath already taken and returned that he could not sell them, and as much more of the debtors goods, as will satisfie the whole debt. Register, orig. fol. 300. a.

Letter of Atturney (litera Atturnatus) is a writing authorizing an Atturney, that is, a man appointed to doe a lawfull act in our steeds, West. part. prim. symbol. lib. 2. sect 559. It is called in the civil law (mandatum, or pro∣curatorum.) There seemeth to be some diffe∣rence between a letter of Atturney, and a war∣rant of Atturney. For whereas a letter of At∣turney is sufficient, if it be sealed and delive∣before sufficient witnesse, a warrant of At∣turney, must bee acknowledged and certified before such persons, as fines be acknowledged in the Countrey, or at the least before some Justice or Sergeant. West. parte 2. symbol. tit. Recoveries. sect. 1. F. See the Statute, anno 7 R. 2. cap. 13.

Letters of Marque. See Marque and law of Marque. See Reprisals. See an. 14. Hen. 6. cap. 7.

Letters patents of summons for debt, anno 9. H. 3. cap. 18.

Levy (Levare) cometh of the French (Le∣ver, i. allevare, attollere) It is used in our Common law, for to set up any thing, as to le∣vie a mill, Kitchin, fol. 180. or to cast up, as to levie a ditch, Old. nat. br. fol. 110. or to gather and exact, as to levie money. See Le∣varifacias.

LI

Libell (Libellus) literally signifieth a litle book, but by use it is the originall declarati∣on of any action in the civill law, an. 2 H. 5. cap. 3. & anno 2 Ed. 6. ca. 13. It signifieth also a criminous report of any man cast abroad, or otherwise unlawfully published in writing, but then for difference sake, it is called an infamous libel, famosus libellus.

Libello habendo. See Copia libelli deliberan∣da.

Libera Chasea habenda, is a writ Judicial, granted to a man for a free chace belonging to his Manor, after he hath by a Jury proved it to belong unto him, Register Judicial. fol. 36. & 37.

Liberate, is a warrant issuing out of the Chancery to the Treasurer, Chamberlanes, and Barons of the Exchequer, or Clerk of the Hamper, &c. for the payments of any annuall pension or other sums granted under the broad Seal, v. Brooke, titulo Taile d'Exchequer. nu. 4. Reg. orig. fol. 193. a. b. or somtime to the She∣riff, &c. nat. br. fol. 132. for the delivery of a∣ny lands or goods taken upon forfeits of Re∣cognisance, Fitz. nat. br. fol. 131, & 132, v. Coke lib. 4. Fulwoods case, fo. 64, 66. & 67. It is also to a Jayler from the Justices, for the deli∣very of a Prisoner that hath put in bail for his appearance, Lamb. Eiren. lib. 3. ca. 2.

Libertate probanda, is a writ that lieth for such as be challenged for Slaves, and offer to prove themselves free, to the Sheriff, that he take security of them for the proving of their freedome before the Justices of Assise, and provide, that in the mean time they be quiet from their vexations, that challenge them for Slaves. Fitzh. nat. brev. fol. 77. See Nativo ha∣bendo.

Libertatibus allocandis, is a writ that lieth for a Citizen or Burgesse of any City, that contrarily to the liberties of the Citie or Town whereof he is, is impleaded before the Kings Justices, or Justices errants, or Justice of the Forest, &c. that refuseth, or deferreth to allow his privilege, Origi. Regist. fol. 262. Fitz. nat. br. fol. 229.

Libertatibus exigendis in itinerè, is a writ, whereby the King willeth the Justices in Eyre, to admit of an Atturney for the defence of a∣nother mans liberty, &c. before them. Regist. orig. fol. 19. b.

Libertas (lbertas) is a privilege held by grant or prescription, whereby men enjoy some benefit or favor beyond the ordinarie subject. Liberties royal what they be, see in Bracton, lib. 2. cap. 5. Broke hoc titulo. See Franchise.

Librata terrae, containeth four Oxegans, and every Oxegange 13. A••••s. Skene de verb. signif. verbo Bovata terra. See Farding deal of land.

Licence to goe to election, (Licentia eligendi, Regist. fol. 294.) See Conge d'eslire.

Licence to arise, (licentia surgendi) is a li∣berty given by the Court to a tenent, that is essoined de malo lecti in a real action. For the law is, that in this case he may not arise out of his bed, or at least go out of his chamber, untill he have been viewed by Knights there∣unto appointed, and so upon view of his sick∣nesse, have a day assigned him to appear, or else lie until he be licensed by the Court to arise. And the reason of this is, as I take it, because it may appear whether he caused him∣self to be essoined deceitfully, yea or not: and therefore if the Demandant can prove, that he be seen out of his chamber, walking up and down his grounds, or else going abroad unto any other place, before he be viewed or have license of the Court, he shall be adjudged to be deceitfully essoined, and to have made default. Of this see Bracton, lib. 5. tract. 2. ca. 7, 10, and 12. and Fleta, li. 6. ca. 10. Horn in the second book of his Mirrour, ca. des Es∣soynes, saith, that the adverse party may grant licentiam surgendi to his adversary thus essoy∣ned. And if he will not, the king upon just cause may.

Licentia surgendi, is the writ whereby the Tenent essoined de malo lecti, obtaineth liber∣ty to rise. See License to arise. See the Regist∣er, fo. ••.

Licentia transfretandi, is a writ or warrant directed to the keepers of the port at Dover, &c. willing them to let some passe quietly o∣ver sea, that hath formerly obtained the kings license thereunto, Register original fol. 193. b.

Lieutenent (locum tenens) is a French word, signifying as much as Legatus. It is compoun∣ded of lieu, id est, locus, and tenir, id est, tenere. It signifieth with us, him that occupieth the Kings place, or representeth his person, as the Lieutenent of the kings of Ireland, anno 4. H. 4. cap. 6. So it is used an. 2 & 3 Edward 6. cap. 2. whence that officer seemeth to take his beginning. But I read also in Master Man•• woods first part of Forest laws, pag. 113. that the Lord chief Justice in Eyre of the Forest,

and the chief warden also, have their lieute∣nents in the forest. So that though a Lieute∣nant be most ord••nary and most properly used for the deputy of a king, yet is it somtime extended to their deputies that be but lieute∣nants to the King.

Lieutenent of the ordinance, anno 39 Eliza. cap. 7.

Liege (ligius) is a word borrowed from the Feudists, and hath two several significations in our common Law, sometime being used for Liege Lord, an. 34 & 35 H. 8. cap. 1. and an. 25 ejusdem, cap. 3. and somtime for Liege man, an. 10 R. 2. ca. 1. and an. 11 ejusdem, cap. 1. Liege-lord is he that acknowledgeth no superiour, Duarenus in commentar. de Con∣suctud n. Feudorum, cap. 4. nu. 3. Liegeman is he that oweth legeancie to his Liege lord. Master Skene, de verbo signif. verbo Ligeantia, saith, that it is derived from the Italian word Liga, i. a Band, league, or obligation. In whom read more of this matter.

Ligeancie, is such a duty or fealty as no man may owe or bear to more than one Lord. Jdem eodem, num. 4. I find also this definition of ligeancie, in the graund Custumary of Nor∣mandie, ca. 13. Ligeantia est, ex qua domixo tenentur vasalli sui contra omnes homines qui mori possunt & vivere, proprii corporis praeberi consilsi & auxilii juvamentum, & ci se in omnibus inno∣cuos exhibere, nec ei adversantinm partem in a∣liquo confovere. Dominus etiam eosdem tenetur regere, protegere & defensare: eosque secundum ura & consuetudines, & leges patriae pertractare. This is otherwise called legietas, Cassand. de Consustud. Burgund. pag. 420 & 421. This word is used in the Statutes of our realm, as the Kings liege people, anno 14 Hen. 8. ca. 2. Of the oath of legeancy, Jacobutius de Fran∣chis, in praeludio Feudorum, ca. 2. num. 138, hath these words: Praestatur hoc ligeum homa∣gium in manibus regis vel Imperatoris, genibus flexis, positis manibus junct is in manibus Domi∣ni, dicendo; Ego juro homagium tibi Domin. ut ae modo sim homo ligeus vester, contra omnem ho∣minem, qui potest vivere: verba sunt pulchra. Andr. de Isern. in cap. 1. in verbo Omnem. Colum. prima de novo forma fidelita: & hoc li∣genm homagium videmus praestari domino Regi tantum: quiacùm per id efficiatur homo solius il∣lius, cui juratur, ut dixit Hostiensis in ca. ex di∣ligenti. de Symon. alunon potest praestari, i. quia illius solius esse similiter non potest; non n. esse po∣test duorum in solidum l. si ut certo. §. si duobus vehiculum. π. commodati. secundùm And. in dicto ca. 1. § omnem. et. Bald. hic in 7 divis. & Alvar. in 13. divisione. Non ligeum verò dicitur, quando quis jurat fidelitatom Domino, excepta aliqua persona: viz Domino superiori, vel antiquiore: Hactenus Jacobutius; where you may read more touching this point. As also in Hoto∣mans Disputations, De Feudis, pag. 816 fol. 829. &c.

Ligeance (Ligeantia) see Liege. It somtime signitieth the dominions or territoritie of the liege Lord: as anno 25 Ed. 3. stat. 2. Chil∣dren born out of the liegeance of the King.

Lierw••test mulcta adulteriorum, Fleta li. 1. ca. 47. It is used for a liberty whereby a Lord challengeth the penaltie of one that lieth un∣lawfully with his bondwoman: see Lother∣wit.

Limitation of assise (limitatio assisae) is a certain time set down by Statute, wherein a man must allege himself or his auncestourto have been seised of lands sued for by a writ of Assise. See the Statute of Merton. cap. 8. an. 20 Hen. 3. and Westm. 1. ca. 38. and anno 32. H. 8. ca. 2. & an. 1. M. 1. pag. ca. 5. See also Theloals Digest of writs, li. 10. ca. 2. So it is used in Old Nat. Br. fol. 77. in these words; The writ de consuetudinibus et servitiis lyeth, where I or mine auncestours, after the limi∣cation of Assise, were not seised of the Cust∣omes, &c. But before the Limitation of Assise we were seised, &c.

Lindwood was a Doctor of both Civil and Canon Laws, and Dean of the Arches: he was Embassadour for Henry the fifth into Portugal, anno 1422. as appeareth by the preface to his Commentary upon the Provincials.

Litleton was a Lawyer of great account, li∣ving in the dayes of King Edward the fourth, as appeareth by Stawnf. praerogat. ca. 21. fo. 72. He wrote a book of great account, called Litle∣tons Tenure, which Hotoman in his Commenta∣ry de verbis Feudalibus, verb. Foedum, thus commmendeth: Stephanus Pasquerius excel∣lentivir ingenio, & inter Parisienses causidicos dicendi facultate praestans, libellum mihi Angli∣canum Litletonum dedit, quo Feudorum Ang∣licorum jura exponuntur, ita inconditè absurte et inconcinnè scriptum, ut facilè appareat verum esse quod Polydor. Virgilius in Anglica Historia scribit, stulsitiam in eo libro cum malisia et calu∣miniandi studio certare.

Literae ad faciendum attornatum pro secta fa∣cienda. See in the Register original. fol. 172. Literae de annua pensione, eodem 266 & 307. Litera patens ad faciendum generalem atturna∣tum quia infirmus, eodem fo. 21. Litera per quam Dominus remittit curiam suam Regi, cod. fol. 4. Literae de requestu, eodem fol. 129. Lite∣raet Canonici ad exercendam jurisdictionem loco suo, fo. 305. Literae patentes ad conferendum Beneficia, domino in remotis agente, fol. 305.

Literae adinnotescendum recuperationem Regis de ecclesia omnibus quorum interest, fol. 305. Literae patentes Regis quod Abbas ad totam vi∣tam suam possit facere Attornatos generales, fol. 21. Literae procuratoriae fol. 205, 306. Li∣terae Regiae deprecatoriae, pro annua pensione, fol. 307. All these you may see in their places and understand the meaning of them as occasi∣on shall require.

Livery (Liberatur.) is drawn from the French livre, i. insigne, gestamen, Centuriale discrimen, no∣ta Centurialis, turmalis. Or else from livrer, id est, tradere, and accordingly hath three signifi∣cations: in one it is used for a suit of Cloath or other stuff that a Gentleman giveth in Coats, Cloaks, Hats, or Gowns, with Cognisance or without, to his Servants or followers, Anno 1 Rich. 2. cap. 7. et anno 20. ejusdem, cap. 1, et 2. and anno 7 Hen. 4. cap. 14. and anno 8 Edw. 4. cap. 2. et anno 7 ejus∣dem, cap. 14. and anno 13 ejusdem, cap. 3. and anno 8 H. 6. ca. 4. and anno 8 Ed. 4. cap. 3. and anno 3 H. 7. cap. 1. & 12. and anno 11 e us∣dena, cap. 3. and anno 19 ejusdem, cap. 14. In the other signification it betokeneth a deli∣very of possession unto those Tenents which hold of the King in Capite, or in Knights ser∣vice, for the King by his prerogative hath primier seysini, or the first possession, of all lands and tenements so holden of him: anno 52 Henry. 3. cap. 16. and an. 17 Ed. 2. cap. 3. that is, when any such Tenant dyeth, the King forthwith entreth, and holdeth it untill the Heir do his homage, and so pray this land to be delivered unto him. Which act in the King is called Livery, and Livery in this signi∣fication is either general or special, Stawnf. praerogat. fol. 12. et cap. 3. Livery general seemeth to be that which is made in general words, and therefore may easily be missued. Livery special is that, which containeth in it a pardon of oversights committed by the Te∣nent in suing out his Livery, by which par∣don the missuing is dispenced with. Stawnf. pag. 67. ca. Travers. 20. See the Institutes and grounds of the Common law, Chapter the thirtieth, of general and special Liveries. Li∣verie in the third signification is the writ which lyeth for the Heir, to obtain the pos∣session or seisin of his Land at the Kings hands. Which see in Fitz. nat. brev. fol. 155.

Livery of seisin (deliberatio seisinae) is a de∣livery of possession of Land or Tenement, or o∣ther things corporeal (for of things incorporeal no Livery of seisin may be) unto one that hath right, or a probality of right unto them. For as Bracton saith, Traditio debet esse vestita et non nuda: sc. quod traditione praeced at vera causae, vel idputativa, qua transeat Dominicum. Lib. 2. cap. 18. nu. 3. West. parte 1. symbol. li. 2. sect. 169. calleth this a Ceremouy in the Com∣mon law, used in the Conveyance of Lands or Tenements, &c. where you may see the usual form hereof particularly set down, whereunto joyn the new Exposition of Law terms.

Lieutenant, see Lieftenant.

Lieutenant of the Tower, seemeth to have been an Officer under the Constable, an. H. 4. cap. 15.

LO

Locus partitus, signifieth a division made between two Towns or Countries, to make trial in whether the Land or place in que∣stion lieth. Fleta lib. 4. cap. 15. nu. 1.

Locall, (localis) signifieth in our Common law, as much as tyed or annexed to a place certain. Example; the thing is local, and annexed to the freehold: Kitchin folio 180. And again in the same place, An action of trespass for battery, &c. is transitory, not local, that is, not needfull that the place of the battery should be set down as material, in the Declaration: or if it be set down, that the Defendant should traverse the place set down, by saying he did not commit the battery in the place mention∣ed in the Declaration and so avoid the Action. And again fol. 230. the place is not local, that is, not material to be set down in certainty. And the gard of the person, and of the lands differeth in this, because the person being tran∣sitory, the Lord may have his Ravishment de Gard, before he be seised of him; but not of the Land, because it is local. Perkins Grants, 30.

Lobbe, is great kind of North sea fish, an. 31 Ed. 3. stat. 3. ca. 2.

Lodemanage, is the hire of a Pslot for con∣ducting of a ship from one place to ano∣ther.

Loich fish, as Lob, Ling, Cod, an. 31 Ed. 3. stat. 3. cap. 2.

Lodeworks, is one of the works belonging to the stanneries in Cornwall; for the which read M. Cambdens Britan. in his title of Corn∣wall, pag. 119. See Stremework.

Lollards (Lollardi) were in account and re∣putation of those times, Heretiques that a∣bounded here in England, in the daies of Edward the third, and Henry the fifth, an. 2 H. 5. cap. 7. whereof Weekliefe was the chief, as Stow saith in his Annals, pa. 425. who by this report went bare footed, and basely cloathed, to wit in base russet garments down to the Heels: they preached, and especially a∣gainst

Monks and other religious men. Of these read more in him, and others that writ of those times. The name Lindwood deri∣à Lolio, quia sicut lolium inficit segetes: sic Lollardi multociens inficinnt fideles simplices inter quos conversantur, in ca. finali. de Haereticis, ver∣bo Lollardiae. But Tritemius in his Chronicle de∣duceth the name from one Gualter Lolhard a German, as the first Author of that Sect, living about the year of our Redemption 1315.

Lord (Dominus) by Master Cambdens opi∣nion, is a contract of Lafford, which is the Danish word for dominus. It is a word of ho∣nor with us, and is used diversly. Sometime being attributed to a man that is noble by birth or creation, which sort are otherwise called Lords of the Parliament. Sometime to those that be so called by the courtesie of England, as all the Sons of a Duke, or the eldest son of an Earl. Sometime to men honorable by office, as Lord Chief Justice, &c. And sometime to a mean man that hath fee, and so consequently the homage of Tenents within his Manour, for by his Tenents he is called Lord, and by none other, and in some places for distinction sake he is called Land-lord. It is used nevertheless by the Writers of the Common law most usually in this significati∣on: and so is it divided into Lord above, and Lord measn. Lord Measn is he that is own∣er of a Mannour, and by vertue thereof hath Tenants holding of him in fee, and by copy of Court-roll, and yet holdeth himself over a Superiour Lord, who is called Lord above, or Lord paramount, Old nat. br. fol. 79. Al∣though I think none simply to be accounted Lord paramount but the Prince: because all o∣ther hold mediately or immediately of him, and he of none, In this signification I like wise read, Very Lord, and very Tenent, eodem fo. 42. and Brook titulo Heriot, n. 1. where I think, very Lord is he which is immediate Lord to his Tenent: and him to be Very Tenent to that Lord of whom he immediately holdeth. So that if there be Lord above, Lord measn and Tenant, the Lord above is not very Lord to the Tenent, nor the tenent very tenent to the Lord above.

Lord in grosse, Fitzh. nat. brev. fol. 3. is he that is Lord having no manour, as the King in respect of his Crown, idem fol. 5. f. See him also fo. 8. a, b. where I find a Case wher∣in a private man is Lord in gross, viz. a man make a gift in tayl of all the land he hath, to hold of him, and dieth; his heir hath but a Seignory in gross.

Lorimersy an. 1 Richard 2. cap. 12 is one of the Companies of London, that maketh Bits or Briddles of Horses, and such like: the name seemeth to be taken from the Latin Lorum, and is elsewhere written Lori∣nors.

Lotherwit, aliâs Leyerwit, is a liberty or pri∣vilege to take amends of him that defileth your Bond-woman without licence. Rastals expositinn of words. It is an amends for lying with a Bond-woman. Saxon in his de∣scription of England, cap. 11. Some think it should be rather written Legerwit; for Leger is the Saxon word for a Bed; or Logherwit, of the old word Logher, being of the same sig∣nification. See Bloodwit and Lyerwit.

LU

Lusernes, see Furre.

Lushoborow, is a base coyn used in the daies of King Edward the third: coyned beyond Seas to the likeness of English mony, and brought in to deceive the King and his sub∣jects. To avoid the which, it was made Treason for any man wittingly to bring in any such, anno 25 Edward the third, stat. 4. cap. secundo.

MA

MAcegriefs, aliâs Macegrefs, be such as willingly buy and sell stollen flesh, Briton cap. 29. fol. 71. b. Cromptons Justice of Peace, fol. 193. a.

Magna assisa eligenda, is a Writ directed to the Sheriff, to summon four lawfull Knights before the Justices of Assise, there upon their Oaths to chuse twelve Knights of the vice∣nage, &c. to pass upon the great Assise be∣tween A. Plaintiff, and B. Defendant, &c. Regist. orignal, fol. 8. a.

Magna Charta, called in English the great Charter, is a Charter containing a number of Laws ordained the ninth year of Henry the third, and confirmed by Edward the first. The reason why it was tearmed Magna Charta, was either for that it contained the sum of all the written laws of England; or else that there was another Charter called the Charter of the Forest, established with it, which in quanti∣ty was the lesser of the two. I read in Ho∣linshed, that K. John, to appease his Barons, yiel∣ded to Laws, or Articles of Government, much like to this great Charter; but we now have no ancienter written law, than this, which was thought to be so beneficial to the Subject, and a Law of so great equity in comparison of those which were formerly in use, that King

Henry the third was thought but hardly to yield unto it, & that to have the 15th peny of all the movable goods both of the Spiritualty and Temporalty throughout his Realm. Ho∣linshed in Hen. the 3d. And though this Char∣ter consist not of above 37 Charters of Laws: yet is it of such extent, as all the laws we have is thought in some sort to depend of it Polydor. and Holinshed ubi supra.

Mahim (Mahemium) commeth of the old French (Mehaigne) as M. Skene saith de verbor. significat. verbo Machanium, and signi∣fieth a corporal hurt, whereby a man loseth the use of any Member, that is, or might be a∣ny defence unto him in Battel. The Cano∣nists call it Membrimutilationem, as the eye, the hand, the foot, scalpe of the head, his foretooth; or as some say, of any finger of his hand, Glanvile lib. 14. cap. 7. See Bracton at large, lib. 3. Tractat. 2. cap. 24. num. 3. and Britton cap. 25. and Stawnf. pl. cor. lib. 1. cap. 41, and the new exposition of Law∣terms, and the Mirrour of Justices, cap. d'Ho¦micid. The grand Customary of Normandy cap. 6. calleth it Mahaignium, and defineth it to be Enormen laesionem. All agree, that it is the losse of a Member or the use thereof. And membrum, as Cassan. de consuetu. Burgund. pag. 168. defineth it out of Baldus, Est pars corporis habens destinatam operationem in corpore; where you may read more of this point. But if you will see it largely discussed, look Ugolinus de irregularitatibus, cap. 4. sect. 3, 4, 5. also read M. Skene ubi supra.

Mainour, aliâs manour, aliâs meinoure, seem∣eth to come of the French (manier, i. manu tractare, attrectare) or else of Amener, i. ab∣ducere. It signifieth in our Common law, the thing that a Thief taketh away or stealeth. As to be taken with the Manour, Pl. cor. fo. 179, is to be taken with the thing stollen about him: & again fo. 194. It was presented, that a Thief was delivered to the Viscount together with the Mainour. And 3ly, fo. 186, If a man be indi∣cted, that he feloniously stole the goods of a∣nother, where in truth they be his own goods: and the goods be brought into the Court, as the Mainour, and it be demanded of him, what he saith to the goods: and he disclaim them; though he be quitted of the felony, he shall lose the goods. And again, fo. 149. If the Defendant were taken with the Manour, and the Manour be carried to the Court, they in ancient times would arraign him upon the Manour, without any appeal or inditement: I find this word used in the Old nat. brev. fol. 110. in this sort: where a man maketh a thing by Manour or leavying, or estopping, in such Case he shall have assise: where it signifi∣eth handy labour, and is but an abbreviation of Mainovery.

Mainvre, see Minoverye.

Mainprise (manucaptio) is compounded of two French words, Main, 1. manus, and prius, id est captus, which is a participle of the verb prendre, id est, capere, excipere, captare. It signifieth in our common Law, the taking or receiving a man into friendly custody, that o∣therwise is or might be committed to the mercy of the prison, upon security given for his forth-comming at a day assigned: as to let one to mainprise, Old nat. bre. f. 42. is to com∣mit him to them that undertake his appearance the time appointed. And they that do thus undertake for any, are called Mainpernours, because they do receive him into their hands. Pl. Co. fol. 178. Of this sort is the word Main∣pernable, which signifieth him that hath com∣mitted such an Offence, as by law he may be thus bayled: for in many Cases a man is not mainpernable: whereof see Brook titulo Main∣prise, per totum, and Fitzh. nat. brev. fol. 249. & seq. Master Manwood in his first part of his Forest laws, pa. 167. maketh a great difference between Bayl and Mainprise. For he that is mainprised (quoth he) is alwaies said to be at large, and to go at his own liberty out of ward, after the day is set to mainprise, untill the day of his appearance, by reason of the said se∣veral summons, or otherwise. But otherwise it is where a man is let to bayl to four or two men, by the Lord Justice in Eyr of the Forest, untill a certain day. For there he is alwaies accounted by the Law to be in their ward and custody for the time. And they may if they will, keep him in ward or in prison all that time, or otherwise at their will So that he that is so bayled, shall not be said by the Law to be at large, or at his own liberty. Thus far Master Manwood. The Myrrour of Justices maketh a difference also between pledges and Mainpernours, saying, that pledges are more general, and that Mainpernours are body for body, lib. 2. c. de Trespass veniall, and lib. 3. cap. des Pledges and Mainpernours. When Main∣prises may be granted and when not, see Cromptons Justice of Peace, fol. 136, &c. usque 141. and Lambert, Eirenarch. lib. 3. cap. 2. pag. 336, 337, 338, 339, 340. See also Brit∣ton, fol. 73. a. cap. des Pledges & Mainpernours. The Author of the Mirrour of Justices saith, that Pledges be those that bayl or redeem any thing but the body of a man: and that Main∣pernours be those that free the body of a man. And that Pledges therefore belong pro∣perly to real and mixt actions, and Mainper∣nours to personal.

Maintenance (manutentio, vel manutenentia) is a French word, and signifieth an upholding of a cause, or person, metaphorically drawn from the succouring of a young Child that learneth to go by ones hand. In our Common law it is used in the evill part, for him that secondeth a Cause depending in sute between o∣thers, either by lending of mony, or making Friends for either party, toward his help. An∣no 32 Hen. 8. cap. 9. And when a mans act in this kind is by Law accounted Maintenance, and when not, See Brook titulo Maintenance: and Kitchm fol. 202, & seq. and Fitzh. natura brev. fo. 172. and Cromptons Jurisdictions, fol. 38. The writ that lieth against a Man for this offence is likewise called Maintenance: Terms of the Law, verbo Maintenance. Spe∣cial Maintenance, Kitchin fol. 204. seemeth to be maintenance most properly so termed. Of this see Cromptons Justice of peace, fo. 155. b. and the New Book of Entries, verbo Mainte∣nance. Maintenance, v. Novos terminos juris.

Make (facere) signifieth in the Common law to perform or execute: as to make his Law, is to perform that law which he hath formerly bound himself unto, that is, to clear himself of an Action commenced against him by his oath, and the Oaths of his Neighbours. Old nat. brev. fol. 161. Kitchin fol. 192. Which Law seemeth to be borrowed of the Feudists, who call these men that come to swear for another in this Case, Sacramentales. Of whom thus saith Hotoman, in verbis Feudal. Sacramenta∣les à Sacramento, id est, juramento diceb antur ii, qui quamvis rei de qua ambigebatur, testes non fuissent, tamen ex ejus, cujus res agebatur, ani∣mi sententia, in eadem quae ille verba jurabant: illius videlicet probitate & innocentia confisi. Nam tuum demum adhibebantur, cum testes nul∣li extarent. See the rest. The formal words used by him that maketh his Law, are com∣monly these: Hear O ye Justices, that I do not owe this sum of mony demanded, neither all nor any part thereof, in manner and form declared: so help me God, and the contents of this Book. To make services or custom, is nothing else but to perform them. Old nat. brev. folio 14. To make Oath, is to take Oath.

Maletent, in the Statute called the con∣firmation of the liberties of, &c. anno 29 E. 1. cap. 7. is interpreted to be a toll of forty shillings for every sack of Wool. Srow in his Annals calleth it a Maletot, pag. 461. See also the Statute de Tallagio non concedendo, an. 35 ejusdem stat.

Malin, see Marle.

Manbote signifieth a pecuniary compensa∣tion for killing of a man. Lambert in his Ex∣position of Saxon words, verbo Aestimatis. Of which read Roger Hoveden also, in parte poster, suorum annal. f. 344. a, b.

Mandamus, is a writ that lyeth after the year and day, whereas in the mean time the writ called Diem clausit extremum, hath not been sent out to the Escheatour, for the same purpose for the which it should formerly have been sent forth, Fitzh. nat. brev. fol. 253. B. See Diem clausit extremum. Mandamus is al∣so a charge to the Sheriff, to take into the Kings hands, all the lands and tenements of the Kings widow, that against her oath for∣merly given, marieth without the Kings con∣sent, Register fol. 295. b. See widow.

Mandatum, is a commandment judicial of the King, or his Justices, to have any thing done for the dispatch of Justice, where of you shall see diversity in the Table of the Register judicial. verbo Mandatum.

Manor, (Manerium) see meth to come of the French (manoir i. domicilium, habitatio) M. Skene de verb. signif. verb. Manerium, saith it is called mane ium quasi manurium, because it is labour∣ed with handy work by the Lord himself. It sig∣nifieth in our Common law, a rule or govern∣ment, which a man hath over such as hold Land within his fee. Touching the origi∣nal of these Manors, it seemeth that in the beginning, there was a certain compasse or circuit of ground, granted by the King unto some man of worth (as a Baron or such like) for him and his Heirs to dwell upon, and to exercise some Jurisdiction more or lesse with∣in that compass, as he thought good to grant, Performing him such services, and pay∣ing such yearly rent for the same, as he by his grant required: and that afterward this great man parcelled his Land to other meaner men, injoining them again such ser∣vices and rents, as he thought good, and by that means as he became Tenent to the King, so the inferiours became Tenents unto him. See Perkins Reservations 670. and Andrew Horns Book intituled the Mirrour of Justices, l. 1. cap. du. Roy Alfred. See the definition of a Manor. Fulb. fol. 18. And this course of benefiting or rewarding their Nobles for good service, have our Kings borrowed from the Emperors of Rome, or the Lombard Kings, af∣ter they had setled themselves in Italy as may well appear by Antonius Contius in methodo feu∣dorum, c. 1. de origin. & libris Feudorum. And I find that according to this our custom, all lands holden in fee throughout France, are divided into Fiefz, and arrierifiefz, where of the former are such as are imediatly granted by the K. the second such as the Kings feudataries do again

grant to others, Gregorti Syntagm. lib. 6. ca. 5. nu. 3. But the inconstancie of mans estate, and the mutability of time hath brought to passe, that those great men, or their posterity, have alienated these Mansions, and lands so given them by their Prince, and others that had none, have by their wealth purchased many of them: And again, that many for ca∣pital offences, have forfeited them to the King, and that thereby they still remain in the Crown, or are bestowed again upon others: so that at these dayes, many be in the hands of mean men, such as by their skill in Law, or Physick, by Merchandize, Grazing, or such other good husbandry, have gathered wealth, and inabled themselves to purchase them of those, that by descent received them from their ancestors, in greater abundance, than wit to keep them. But whosoever possesseth these Maners, the liberty belonging unto them is real and predial; and therefore re∣maineth still, though the owners be changed. In these dayes a Maner rather signifieth the Jurisdiction and royaltie incorporeal, than the land or site. For a man may have a Ma∣ner in grosse (as the law termeth it) that is, the right and interest of a Court Baron, with the perquisites thereunto belonging: and a∣nother or others have every foot of the land thereunto belonging. Kitchin, fol. 4. Broke hoc titulo per totum. Bracton, lib. 4. ca. 31. num. 3. divideth manerium, in capitale & non capita∣le. See Bracton, lib. 5. tractat. 5. ca. 28. nu. pri. See Fee. The new ex•• ositor of Law terms faith, that Maner is a thing compounded of divers things, as of a house, land earable, past∣ure, meadow, wood, rent, advonzen, Court Baron, and such like. And this ought to be by long continuance of time, to the contra∣ry whereof mans memory cannot discern, &c.

Mansio; (Mansio) as Bracton defineth it, lib. 5. cap. 28. nu. pri. is a dwelling consisting of one or more houses, without any neigh∣bour. And yet he granteth forthwith, that Mansio Mansioni pessit esse vicinata. I find it most commonly used for the Lords chief dwelling house within his fee, whether it have neighbours adjoyning or not, otherwise called the capital mesuage. Bracton, lib. 2. ca. 26. or the chief Maner place. Mansio amongst the antient Romans, was a place appointed for the lodging of the Prince, or Souldiers in their journey, furnished with convenient en∣tertainment by the neighbours adjoyning. And in this sense we read primam mansionem, 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 Familiam in his Ecclesiastial History. For Master Lamberd in his explica∣tion of Saxon words, verb. Hida terrae, saith, that that which he calleth familiam, others ••ince call Manentem, vel mansam. Mansus and Mansum I read of in the Feudists, which as Hotoman saith, in verbis feudalibus, est ne∣que domus, neque area, neque hortus, sed ager certi modi ac mensurae. And again, in Commen∣tariis Feudorum, lib. p. tit. 4. vers. de Manso. Agri deserti et inculti certa mensura dabantur cultoribus quasi in emphyteusin, ut culti et melio∣rati, feudi jure à vasallis possiderentur. In con∣tractu autem vasalli nonnunquam incrementum, i. melior ationem omnem sive recipsebant, sive per culturam, sive per inaedificationem ea melioratio fieret, &c. And Cassaneus, de consuetnd. Burg. pa. 1195, defineth it thus: Mansus est, quan∣tum quis cum uno pari bonum laborare possit. Pro∣ving it out of Bartolus, in lib. si ita π. de auro & argen. legato: in fine ligis. Read Master Skene, de verb. signif. verbo Mansus. I read the La∣cine word mansia in the same signification; as namely in the Charter graunted by King Ka∣nulphus to Ruchin the abbot of Abington, which Sir Edward Cook setteth down in his book de Jure regis ecclesiastico.

Manslaughter (homicidium) is the unlaw∣full killing of a man without prepensed ma∣ice: as when two, that formerly meant no harm one to another, meet together, and up∣on some sudden occasion falling out, the one killeth the other. West parte 2. symb. titulo Inditements, sect. 44. it differeth from murther, because it is not done with foregoing malice: and from chance-medly, because it hath a pre∣sent intent to kill. And this is selony, but admitteth Clergy for the first time, Stawnf. bl. Cor. li. 1. ca. 9. and Britton cap. 9. It is con∣founded with murther in the Statute, an. 28 Ed. 3. ca. 11.

Mantyle (mantile) commeth of the French manteau, and signifieth with us a long robe, an. 24 H. 8. ca. 13.

Manucaptio, is a writ that lieth for a man who taken for suspition of felony, and offering sufficient Bayl for his appearance, cannot be ad∣mitted therunto by the Sheriff, or other having bower to let to mainprise. Fitz. nat. brev. fol. 249. See Mainprise. How diversly it is used, see the Register original, in the Table.

Manuel (manuelis) is a thing whereof present profit may be made, Stawnf. praerog. fo. 54. And a thing not manuel, is that whereof no present profit may be made, but hereafter when it falleth, ibid.

Manumission (manumissio) is a freeing of a

Villein or slave out of his bondage. The form of this in the time of the Conqueror, Master Lambert in hi, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 fol. 126. set∣teth down in these words: Si quis velit ser∣vum suum liberum facere, tradat eum Viceco∣miti, per manum dexteram, in pleno comitatu, et quietum illum clamare debet à jugo servitutis suae per manumissionem: et ostendat ei liberas por∣tas, et vias, et tradat illi libera arma, scilicet lan∣ceam et glad••um: et deinde liber homo efficitur. Some also were wont to be manumitted by Charter of manumission: Vide Brook, titulo Vil∣lenage, fol. 305. The new Expositour of Law Terms maketh two kinds of manumission: one expressed, another implyed. Manumission expressed, is when the Lord maketh a Deed to his Villein to infranchise him by this word Manumittere. The manner of manumitting in old time was thus: The Lord in presence of his neighbours took the bond-man by the head, saying, I will that this man be free; and therwith shoved him forward out of his hand. Manumission implyed is, when the Lord maketh an obligation for payment of mo∣ney to him at a certain day, or sueth him, where he might enter without sure, or graun∣teth him an Annuity, or leaseth land unto him by Deed, for years, or for life, and such like.

Manutenentia is a writ used in case of main∣tenance. Reg. original, fo. 182 et 189. See Maintenance.

Marches (Marchia) be the bounds and li∣mits between us and Wales, or between us and Scotland: anno. 24 Hen. 8. cap. 9. Camb. pag. 453 and 606. and the marches of Scotland are divided in••o West and middle Marches, anno 4 Henr. 5. cap. 7. et anno 22 Edward. 4. cap. 8. It seemeth to be borrowed from the German March, i. limes: Camdens Britan. pa. 27. or it may be from the French Marque, id est signum, being the notorious distinction of two divers countries or Territories. It is used in the Statute, anno 24 Hen. 8. cap. 12. generally for the precincts of the Kings domi∣nions.

Marchers, be the noble men dwelling on the Marches of Wales or Scotland; who in times past (as Camden sayth, pag. 453) had their private laws, much like as if they had been Kings, which now be worn out. Of these Marchers you may read anno 2 H. 4. ca. 18. et anno 26 Hen. 8. cap. 6. and anno 1 Ed∣ward. 6. ca. 10. where they are called Lord Marchers. See an. 27 H. 8. ca. 26. how these were extinguished.

Mareshall (Marescallus) is a French word, signifying as much as Tribunus scelerum, or Tri∣bunus militum with the antient Romanes, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 with the Grecians, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Tiraquel. de nobilitate, c. 8. p. 42. n. 17. The French word may seem also, among many o∣ther that they have, to proceed from the Ger∣man Marschalk, id est, equitum magister: which Hotomon, in verbis feudalibus, verbo Marschalkus, deri••eth from the old word March, signifying an house. With whom a∣greeth Lupanus, de Magistratibus Franciae, lib. 1. cap. Marcshallus. Others make it of these two Saxon words, Mar, id est, equus, and scalch, id est, praefectus: Or as Master Ver∣stegan faith, from Mare, the general appella∣tion of all horses, as Horse is now in English: and Scalc, which in the antient language of the Netherlanders, he affirmeth to signifie a kind of servant, as Scalco doth at this day a∣mong the Italians, being originally a Dutch word. With us there be divers officers of this name, but one most noble of all the rest, who is called Lord or Earl Marshal of Eng∣land; of whom mention is made in divers Sta∣tutes, as an. 1 H. 4. cap. 7 et 14. and anno 13 Ri h. 2. cap. 2. his office consisteth especially in matters of warr and Armes, as well with us, as in other Countries; whereof you may read in Lupanus ubi supra: and Tilius lib, 2. cap. de Conestabili, Mariscallo, &c. But he that would know the office of our Lord Marshal, had need, beside the few Statutes which con∣cern him, to read his Commission, and also to have accesse to the Heraulds, who out of their antiquities are able to discover much, that by prescription belongeth unto this office. The next to this is the Marshal of the Kings house, whose especial authority is, according to Britton, and M. Gwin, in the preface to his reading, in the Kings place to hear and de∣termine all plees of the Crown, and to punish faults committed within the verge, and to hear & determine sutes between those of the Kings houshold, and others within the verge, Cromp. Jurisdictions, f. 102. Of him you may read, Fitz. nat. br. f. 241. b. & an. 18 Edward 3. stat. 2. ca. 7. and an. 27 Edw. 3. stat. 2. ca. 6. and an. 2 H. 4. c. 23. and an. 15 H. 9. ca. 1. Fleta. saith, That the office of the Marshal of the Kings house belongeth to the Earl of Norffolk in fee, and that he may appoint, with the Kings consent, a Knight under him to execute the office: which office he also describeth to be especially, to execute the judgements and de∣crees of the Steward, and to have the keeping of the prisoners, lib. 2. cap. 4. and read further of his office in the fift chap. of the said Book, which is to dispose of the Lodging in the Kings houshold under the Chamberlain, and to

clear the Verge of Strumpets, &c. anno 5 H. 3. statut. 5. Then be there other inferiour Officers of this name: as Marshal of the Ju∣stices in Eyr, anno 3 Edw. 1. cap. 19. Marshal of the Kings Bench, anno 5 Ed. 3. ca. 8. and this is he which hath the Custody of the Pri∣son, called the Kings Bench in Southwark, Fitzh. nat. brev. fol. 251. I. And these in∣seriour Marshals be either ad placitum, or in fee, Kitchin fol. 143. I find also in Fleta lib. 2. ca. 15. mention of a Marshal of the Kings Hall, whose office is, when the Tables be prepared and Cloaths laid, to call out both those of the Houshold and Strangers, according to their worth, and decently to place them, to reject unworthy persons, to know the number of the Hall, and to testifie it at the next account, to see Dogs kept out, to save the Almes from filching, to see silence kept, and every man competently served with meat and drink, and when the Court removeth, to appoint every of the Houshold his lodging. There is also a Marshal of the Eschequer, anno 51 H. 3. stat. 5. to whom the Court committeth the custody of the Kings Debtors during the Term-time, to the end they may be; farther imprisoned, if they clear not their Debts. He also assigneth Sheriffs, Escheatours, Customers, and Col∣lectors, their Auditors before whom they shall account. He hath all inquisitions taken before Escheators virtute officii delivered unto him, to be delivered by him to the Treasurers Remembrancer.

Mareshalsee (Marescaltia) is the Court of the Marshal, or word for word) the seat of the Marshal; whom see Cromptons jurisd. fol. 102. It is also used for the Prison in South∣wark, the reason whereof may be, because the Marshal of the Kings house, was wont perhaps to sit there in judgement. See the Statute, anno 9 R. 2. ca. 5. & anno 2 Henry 4. cap. 23.

Martial law, is the Law that dependeth upon the voice of the King, or the Kings Lieu∣tenant in wars. For howbeit, the King for the indifferent and equal temper of Laws to all his Subjects, do not in time of Peace make any laws, but by the consent of the three estates in Parliament: yet in wars, by reason of great dangers rising of small occasi∣ons, he useth absolute power: in so much as his word goeth for Law. And this is cal∣led Martial law, Smith de Repub. Angl. li. 2. cap. 3. See Law of Armes.

Mariage (Maritagium) signifieth not only the coupling together of a man and wife, but also the interest of bestowing a ward or a wi∣dow in mariage. Magna Charta cap. 6. an∣no 9 Hen. 3. and Bracton lib. 2. cap. 3. and also it signifieth land given in mariage, Bracton lib. 2. cap. 34, & 39. And in this signification the same Author saith, that Maritagium est aut li∣berum aut servitio obligatum. li. 2. cap. 7. num. 3, & 4. Liberum maritagium disitur, ubi donator vult quod terra sic data, quieta sit & libera ab om∣ni seculari servitio, quod ad Dominum feudi possit pertinere: & its quòd ille, cui sic data fuerit, nul∣lum omninò inde faciat servitium usque ad terti∣um haeredem, & usque ad quartum gradum: ita quòd tertius haeres sic inclusivus. See the rest. See also Skene de verbo significat. verbo Marita∣gium, who is worth the reading.

Maritagio amisso per desaltam, is a writ for the Tenent in Franck mariage, to recover lands, &c. whereof he is deforced by another, Reg. fol. 171.

Maritagio forisfacto, is a writ. See For is fa∣ctura Maritagii.

Marke (merca) commeth of the Saxon (Me∣arc) which signifieth a piece of money worth thirty silver pence. Lamb. explication of Sax∣on words, verbo Mancusa: what it now signi∣fieth in our coyn, every man knoweth. But in antient times I find a mark of gold, which was the quantity of eight ounces. Stowes An∣nals pag. 32. and again pag. 691. 12 marks of Gold Troy weight, the which was 200 pounds of English money, after which rate every mark valued 16 pounds 13 shillings four pence. M. Skene de verbo signif. verbo Merke, saith, that in tractatu de ponderibus & mensuris, a mark signifieth an ounce weight, or half a pound, whereof the Dram is the eight part, like as the ounce is the eight part of a mark; citing Cassanaeus de consuet. Burgund. Rub. prim. §. 7. verbo. Solz Turnoys. hiis verbis. Solidus (inquit) in jure capitur pro auro, quorum 72. faciunt libram auri, & duodecim unciae faci∣unt libram, & octo unciae mercam.

Market (mercatus) commeth of the French (marche. i. emporium, forüm nundina∣rium) it signifieth with us, the same thing, and also the liberty or privilege whereby a Town is inabled to keep a market, Old nat. brev. fol. 149. So doth Bracton use it, lib. 2. cap. 24. num. 6. & lib. 4. cap. 46. where he sheweth that one market ought to be di∣stant from another, Sex leucas & dimidiam, & tertiam partem dimidiae. The reason thereof both he and Fleta giveth in these words: Quia omnes rationabiles dietae constant ex 20 milliari∣bus. Dividatur ergo dieta in tres partes: prima autem matutina detur euntibus versus mercatum: secunda detur ad emendum & vendendum: quae quidem sufficere debet omnibus, nisi sint forte mer∣catores statarii qui meroes deposuerint & expo∣suerint

suerint venales, quibus necessaria erit prolexior mora in mercatu: & tertia pars relinquitur re∣deuntibus de mercatu ad propria. Et quae qui∣dent omuia necessa erit facere de die, non de nocte, propter insidias & incursum latronum, ut omnia sint in tuto, &c. lib. 4. cap. 28. §. Item refert.

Marle, is a kind of stone or chalke, which men in divers Countries of this Realm, cast upon their Land to make it the more fertile It is some where called Malin, anno 17 Edw. 4. cap. 4.

Marque, seemeth to be a French word sig∣nifying notam, vel signum, or else to come from the German (march i. limes,) it signifi∣eth in the ancient Statutes of our Land, as much as reprisals, as anno 4 H. 5. cap. 7. Marques and Reprisals are used as Synonyma. And Let∣ters of Marques are found in the same signifi∣cation in the same Chapter. The reason may be, because the griefs whereupon these Let∣ters are sought and granted, are commonly gi∣ven about the bounds and limits of every every Countrie: or at least the remedy for the same is likest there to be had by some sodain inrode, and happing of such recompence of the injury received as may most conve∣niently be lighted upon. See Reprisalls. See Marches.

Marquis (Marchio) by the opinion of Ho∣tom. verbo Marchio, in verbis feudalibus, com∣meth of the German March i. limes signifying originally as much as (Custos limitis) or (Co∣mes & praefectus limitis: of these Zasius thus writeth: de Marchione nihil compertum est, ni∣si quod Gothicum vocabilum putamus. And af¦terwards thus: Hujusmodi Marchionum (sive ut nos appellamus) Margraphiorum origo in li∣mitaneos, praepositos, sive duces referenda: Mar∣graphii dicti quòd limitibus, quos vulgo marken, appellamus, graphii, td est, praepositi fuerunt &c. For in those Territories, that have na∣turally no bounds of great strength or defence, there is need of wise and stout men toward their borders, for the keeping out of Neigh∣bour enemies. But here in England though we have a L. Warden of the Marches north∣ward, and a Warden of the Cinque Ports to∣ward the South-east, and were wont to have Lord Marchers between us and Wales that served this turn, yet those which we call Mar∣quises, are Lords of more dignity, without any such charge; and are in honor and account next unto Dukes. At this day I know but one in England, and that is the Marques of Winchester, being of that noble family of the Powlets. See Cassanaeus, de consuetud. Burg. pag. 15.

Marrow, was a Lawyer of great account that lived in Henry the seventh this daies, whose learned Readings are extant, but not in print. Lambert Eirenarch lib. 1. cap. 1.

Marterns, see Furre.

Master of the Rolls (Magistri rotulorum) is an Assistant unto the Lord Chancellour of England, in the High Court of Chancery, and in absence heareth Causes there, and giveth Orders, Cromptons Jurisdiction, fol. 41. His Title in his Patent, as I have heard, is, Cleri∣cus parvae bagae, Custos rotulorum, & domus conversorum. This Domus conversorum is the place where the Rolls are kept, so called be∣cause the Jews in ancient time, as there were any of them brought to Christianity, were be∣stowed in that House seperately from the rest of their Nation. But his office seemeth ori∣ginally to have sprung from the safe keeping of the Rolls or Records of Indictments pas∣sed in the Kings Courts, and many other things. He is called Clark of the Rolls, anno 12 Rich. 2. cap. 2. and in Fortescue his Book, cap. 24. and no where Master of the Rolls, un∣till anno 11 H. 7. cap. 20. and yet an. 11. ejus∣dem cap. 25. he is also called Clark, In which respect Sir Thomas Smith, l. 2. cap. 10. de Re∣pub. Angl. well saith, That he might not un∣fitly be called Custos Archivorum. He seem∣eth to have the bestowing of the offices of the six Clarks, anno 14, & 15 Henry the eight, cap. 1.

Master of the Mint, an. 2 Hen. 6. cap. 14. he is now called the warden of the Mint, whose office see in Mint.

Master of the Court of Wards and Liveries, is the chief & principal officer of the Court of Wards and Liveries named and assigned by the King, to whose Custody the Seal of the Court is committed. He at the entring upon his office taketh an oath before the Lord Chancellor of England, well and truly to serve the King in his Office, to minister equal Justice to rich and poor, to the best of his cunning, wit and power, diligently to procure all things which may honestly and justly be to the Kings advan∣tage and profit, and to the augmentation of the rights and Prerogative of the Crown, tru∣ly to use the Kings Seal appointed to his Of∣fice to endeavour to the uttermost of his pow∣er to see the King justly answered, of all such profits, rents, revenues, and issues, as shall yearly rise, grow, or be due to the King in his Office from time to time, to deliver with speed such as have to do before him, not to take or receive of any person any gift or re∣ward in any Case or matter depending before

him, or wherein the King shall be party, wherby any prejudice, losse, hinderance, or dis∣herison shall be or grow to the King, an. 33 H. 8. cap. 33.

Master of the Horse, is he that hath the rule and charge of the Kings stable, being an Office of high account, and alwaies bestowed upon some Noblemen both valiant and wise. This Officer under the Emperors of Rome was called Comes sacri stabuli. The master of the Horse is mentioned, anno 39 Eliz. ca. 7. and an. 1 Edw. 6. cap. 5.

Master of the Posts, is an Officer of the Kings Court, that hath the appointing, placing and displacing of all such through England as pro∣vide Post horse for the speedy passing of the K. messages & other businesses, in the thorow-fair towns where they dwel: as also to see that they keep a certain number of convenient Horses of their own, and when occasion is, that they provide others therewith to furnish such as have warrant from him to take Post-horses, ei∣ther from or to the Seas, or other borders or places within the Realm. He likewise hath the care to pay them their wages, and make their allowance accordingly as he shall think meet. This Officer is mentioned an. 2 E. 6. cap. 3.

Master of the Armoury, is he that hath the care and oversight of his Majesties Armour for his person or Horses, or any other provision or store thereof in any standing Armouries: with command, and placing or displacing of all inferiour Officers thereunto appertaining. Mention is made of him, anno 39 Elizabeth, cap. 7.

Master of the Jewel-house, is an Officer in the Kings houshold of great credit, being allowed bouge of Court, that is, dyet for himself and the inferiour Officers, viz. Clarks of the Jewel-house, and a special lodging or Chamber in Court, having charge of all plate of Gold, of Silver double or parcel guilt, used or occupi∣ed for the Kings or Queens board, or to any Officer of account attendant in Court, and of all Plate remaining in the Tower of London, of Chains and loose Jewels not fixed to any garment. Mention is made of this Officer, an, 39 Eliz. c. 7.

Master of the Kings Houshold, (magister ho∣spitii) is in his just Title called Grant master of the Kings Houshold, and beareth the same Office that he did, that was wont to be cal∣led Lord Steward of the Kings most honou∣rable Houshold, anno 32 Henry 8. cap. 39. Whereby it appeareth, that the name of this Officer was then changed, and Charles Duke of Suffolk, President of the Kings Councel, then enjoying that office, was so to be called ever after, so long as he should possess that office.

Master of the Ordinance, anno 39 Eliz. ca. 7. is a great officer, to whose care all the Kings Ordinance and Artillery is committed, being some great man of the Realm, and expert in marshal affairs.

Master of the Chancery, (Magister Cancel∣lariae) is an assistant in Chancery to the L. Chan∣cellor or L. Keeper of the Broad Seal in matters of Judgment. Of these there be some ordinary, and some extraordinary: of ordinary there be twelve in number, whereof some sit in Court every day throughout each Term, and have committed unto them (at the Lord Chancel∣lors discretion) the interlocutory report, and sometimes the final determination of causes there depending.

Master of the Kings Musters, is a Martial Officer in all royal armies most necessary, as well for the maintaining of the Forces com∣pleat, well armed and trained, as also for pre∣vention of such frands, as otherwise may ex∣ceedingly waste the Princes Treasure, and ex∣tremely weaken the Forces. He hath the o∣versight of all the Captains and Bands, and ought to have at the beginning delivered un∣to him by the Lord General, perfect Lists and Rolls of all the forces both horse and foot, Officers, &c. with the rates of their allow∣ances signed by the Lord General, for his di∣rection and discharge in signifying warrants for their full pay. This Officer is mentioned in the Statute, anno 2 Edw. 6. cap. 2. and Mu∣ster master general, anno 35 Eliz. cap. 4. who so desireth to read more of him, let him have recourse to Master Digs his Stratioti∣cos.

Master of the Wardrobe (magister gardero∣bae) is a great and principal Officer in Court, having his habitation and dwelling house be∣longing to that Office, called the Wardrobe near Puddle wharfe in London. He hath the charge and custody of all former Kings and Queens ancient robes remaining in the Tow∣er of London, and all Hangings of Arras, Ta∣pestrie, or the like, for his Majesties houses, with the bedding remaining in standing Wardrobes, as Hampton Court, Richmond, &c. He hath also the charging and delivering out of all either Velvet or Scarlet allowed for Liveries, to any of his Majesties Ser∣vants of the Privy Chamber, or others. Men∣tion is made of this Officer, anno 39 Elizab. cap. 7.

Matterin deed, and matter of record, are said to differ, Old nat. brev. fol. 19. where

matter in deed, seemeth to be nothing elle but a truth to be proved, though not by any Record: and matter of Record, is that which may be proved by some Record. For exam∣ple: if a man be sued to an exigent, during the time he was in the Kings warrs, this is matter in deed, and not matter of record. And therefore saith the book) he that will allege this for himself, must come before the Scire facias for execution be awarded against him. For after that, nothing will serve but matter of Record; that is, some errour in the processe appearing upon the Record. Kitchin, fol. 216. maketh also a difference between matter of Record, and a specialty, and nude matter; where he saith, that nude matter is not of so high nature, as either a matter of Record, or a specialty, otherwise there cal∣led matter in deed; which maketh mee to think, that nude matter is a naked allegation of a thing done, to be proved only by witnes∣ses, and not either by Record, or other spe∣cialtie in writing under Seal.

Maugre, is shuffled up of two French words (Mal) and (Gre) i. animo iniquo) it signifieth with us, as much as in despight, or in des∣of ones teeth, as the wife maugre the husband, Litleton, fol. 124. that is, whether the husband will or not.

ME

Meane (Medius) signifieth the middle be∣tween two extreams, and that either in time or dignity. Example of the first, his action was mean betwixt the disseisin made to him & his recovery: that is, in the interim. Of the second there is Lord Meane and Tenent. See Mesn.

Mease (Mesuagium) seemeth to come of the French (Maison or rather (Meix) which word I find in Cassanaeus de consuet. Burgund. pag. 1195. and interpreted by him Mansus: what Mansus is, see Mansion. it signifieth house, Kitch. fol. 239. and Fitz. nat. br. fo. 2. C. See Mesuage.

Medlefe, Cromptons Justice of peace. fol. 193. is that which Bracton, calleth medletum) li. 3. tract. 2. cap. 35. It seemeth to signifie quarrels, scuffling, or brawling, and to be de∣rived from the French (mesler. i. miscere, tur∣bare.)

Meere (Merus) though an Adjective, yet is it used for a Substantive, signifying meere right, Old nat. br. fol. 2. in these words: And know yee, that this Writ hath but two issues: that is to say, joyning the mise upon the meere: And that is, to put himself in the great assise of our Sovereign Lord the King, or to joyn battel. See Mise.

Mesurement. See Admesurement.

Medietas linguae, signineth an enquest em∣paneled upon any cause, whereof the one half consisteth of Denizens, the other of Strang∣gers. It is called in English the half tongue, and is used in Plees, wherein the one party is a Stranger, the other a Denizen. See the Stat. an. 28. Ed. 3. cap. 13. & an. 27. ejusdem stat. 2. c. 8. commonly called the Statute of the Staple, et an. 8. H. 6. cap. 29. et anno 2 H. 5. cap. 3. & anno 11 H. 7.21. & anno. 1. & 2. Phil. et Mar. cap. 8. And before the first of these Statutes was made, this was wont to be obtained of the King by grant made to any company of Strangers, as Lombards, Almaines, &c. Stawnford, pl. cor. lib. 3. cap. 7.

Medio acquietando, is a writ judicial, to destrain a Lord for the acquitting of a mean Lord from a rent, which he formerly acknow∣ledgeth in Court not to belong unto him Re∣gister judicial, fol. 29. b.

Melius inquirendo, is a writ that lieth for a second inquiry, as what lands and tenements a man died seised of, where partiall dealing is suspected upon the writ, Diem clausit extre∣mum. Fitz. nat. br. fol. 255.

Merchenlage, was one of the 3. sorts of laws, out of which the Conq. framed Laws unto us, mingled with those of Normandie, Camd. Brit. p. 94. who also p. 103. sheweth that in the yeer of our Lord 1016. this land was divided into three parts, whereof the West Saxons had one, governing it by the Laws called West Saxon Laws, and that conteined these nine Shires, Kent, Southsex, Southrey, Barkeshire, Hampshire, Wiltshire, Somerset, Dorset, and Devonshire. The second by the Danes, which was governed by the Laws called Denelage, and that contein∣ed these fifteen Shires: York, Darby, Notting∣ham, Liecester, Lincolne, Northampton, Bed∣ford, Buckingham, Hartford, Essex, Middlesex, Northf. Southf. Cambridge, Huntington. The Third was ponessed and governed by the Mer∣cians, whose Law was called Merchenlage; which were these eight, Glocester, Worcester, Hereford, Warwick, Oxenford, Chester, Salop, and Stafford. See Law.

Mercy (Miserecordia) signifieth the arbitre∣ment or descretion of the King or Lord, in punishing any offence, not directly censured by the law. As to be in the grievous mercie of the King, anno 11 H. 6. cap. 6. is to be in hazard of a great penalty. See Misericor∣dia.

Measondue, (domus Dei) cometh of the French (maison de dieu) by which names di∣vers Hospitals, are named. You find the word, anno 2 & 3. Philip et Mar. cap. 23. in fine.

Mese. See Mease.

Measn (med us) seemeth to come from the French (maisnè, i. minor natu) it signifieth in our Common law, him that is Lord of a ma∣nour, and thereby hath Tenents holding of him, yet holding himself of a Superiour Lord. And therefore it seemeth not absurdly to be drawn from the French (mainsnè because the Lordship is created after the higher, whereof he holdeth. Mesn also signifieth a writ, which lyeth where there is Lord, mesn, and Tenent, the Tenent holding of the mesn by the same services, whereby the mesn holdeth of the Lord, and the Tenent of the mesn is distrain∣ed by the superiour Lord, for that his service or rent, which is due to the Mesn. Fitz∣herbert, nat. brev. fol. 135. See Mesnal∣tie.

Mesnaltie (medietas) cometh of Mesn, and signifieth nothing but the right of the Mesntas, the Mesnaltie is extinct, Old nat. br. fol. 44. if the Mesnaltie descend of the Tenent, Kitch∣in, fol. 147. For farther understanding where∣of, take these words out of the Custumary of Norm. Medietate tenentur feuda, quando aliqua persona intervenerit inter Donimum & tenentes. Et hoc modo tenent omnes postnati, mediante ante nato.

Messenger of the Exchequer, is an officer there, of which sort there be four in that Court, that be Pursuivants attending the lord Treasurer, to carry his Letters and Precepts. See Pursuivant.

Mesuage (mesuagium) is a dwelling house, West. parte 2. symb. titulo. Fines. Sect. 26. But by the name of a mesuage may passe also a Cur∣tilage, a Garden, an Orchard, a Dove-house, a Shop, a Mill, as parcel of an house, as he himself confirmeth out of Bracton, lib. 5. cap. 28. Sect. prim. and Plowden, fol. 199. 170, 171. and of himself he avoncheth the like of a Cottage, a Tost, a Chamber, a Celler, &c. yet may they be demanded by their single names. Mesuagium in Scotland, signifieth the princi∣pal dwelling place or house within a Baronie, which in our land is called a Manor house, Skene de verb. signific. verbo, Mesuagium, where he citeth Valentine Leigh, that in his Book of Survey he affirmeth Mesuagium, to be the tenement or land earable; and the dwel∣ling house or place, or Court Hall thereof, to be called Site, in Latin called Situs.

MI

Mile (miliare) is a quantity of a thousand paces, otherwise described to contain eight Furlongs, and every furlong to contain Forty lugs or poles, and every lug or pole to contain 16. foot and a half, anno 35 Eliz. cap. 6.

Mildervix, anno 1 Jacob. cap. 24.

Mindbruch, is hunting of honour and wor∣ship. Saxon in his description of England, ca. 71.

Miniver. See Furre.

Minoverie, anno 7 R. 2. ca. 4. seemeth to be compounded of two French words (main, i. manus) and (ouvrer, i. operari) and to signifie some trespasse or offence committed by a mans handie-work in the Forest, as an engine to catch Deer. Briton useth the verb (meinoverer) for to occupie and manure land, cap. 40. and cap. 62. main-ovre, for handie-work. It is not unlike, that our English (manure) is abbrevi∣ated of the French.

Mint, cometh of the German word (meunk. i. pecunia, moneta) and it signifieth with us, the place where the Kings Coin is formed, be it Gold or Silver, which is at this present, and long hath been, the Tower of London, though it appear by divers Stories, and other Anti∣quities, that in antient times, the Mint hath been also at Caleis, an. 21 R. 2. cap. 16. & an. 9 H. 5. stat. 5. cap. 5. The Officers belong∣ing to the Mint, have not been alwayes alike. At this present they seem to be these: The Warden, who is the chief of the rest, and is by his office to receive the Silver of the Gold∣smiths, and to pay them for it, and to over∣see all the rest belonging to this function. His fee is an hundred pounds per annum. The Mast∣er-worker, who receiveth the Silver from the Warden, causeth it to be melted, and delive∣reth it to the moniers, and taketh it from them again, when it is made. His allow∣ance is not any set fee, but according to the pound weight. The third is the Controller, who is to fee that the money be made to the just assise, to over-see the officers, and con∣troll them, if the money be not as it ought to be: his fee is one hundred markes per annum. Then is the Master of Assay, who weigheth the Silver, and seeth whether it be according to standard: his yeerly fee is also an hundred markes. Then is the Auditor to take the ac∣compts, and make them up Auditor-like. Then is the Surveyor of the melting, who is to see the Silver cast out, and not to be alte∣red after it is delivered to the Melter: which is after the Assay master hath made trial of it. Then is the Clerk of the Irons, who seeth that the Irons be clean, and fit to work with. Then the Graver, who graveth the stamps for the moneys. Then the Smiters of Irons, who after they be graven, smiteth them upon the money. Then the Melters, that melt the Bullion, before it come to the coyning. Then the Blanchers, who do aneal, boyl, and cleanse the money. The Porter, who

keepeth the gate of the mint. The Provost of the mint, who is to provide for all the mo∣niers, and to over-see them. Lastly, the mo∣niers, who are some to sheer the money, some to forge it, some to beat it abroad, some to round it, some to stamp or coin it. Their wages is not by the day or year, but uncer∣tain, according to the weight of the money icoyned by them. Other officers that have been n former time, are said now to be out of use.

Misaventure, or misadventure, cometh neer the French (mesadventure, i. infortunium) In out Common law, it hath an especial significati∣on for the killing of a man, partly by negli∣gence, and partly by chance. As if one think∣ing no harm, dissolutely throweth a stone wherewith he killeth another; or shooreth an arrow, &c. For in this case he committeth not felony, but only loseth his goods, and hath pardon of course for his life. Stawnf. pl. cor. lib. 1. ca. 8. Britton ca. 7. distinguisheth between Aventure and misaventure. Aven¦ture he maketh to be meere chance, as if a man being upon or neer the water, be taken with some sodain sicknesse, and so fall in, and is drowned, or into the fire, and be burned to death. Misaventure hee maketh, where a man cometh to his death by some outward violence, as the fall of a tree, or of a gate, the running of a cart-wheel, the stroke of a horse, or such like. So that misaventure in Stawnfords opinion, is construed somewhat more largely, than Britton understandeth it. West. parte 2. symbol. titulo Inditement, sect. 48. maketh ho¦micide casual, to be meerly casual, or mixt. Homicide by meer chance, he defineth, sect. 49. to be, when a man is slain by meer fortune, a gainst the mind of the killer; as if one hew∣ing, the Axe flieth oft the haft, and killeth a man. And this is all one with Brittons misa∣venture. Homicide by chance mixed he defi∣neth, sect. 50. to be, when the killers igno∣rance or negligence is joyned with the chance: as if a man loppe Trees by a high way side, by which many usually travel, and cast down a bough, not giving warning, &c. By which bough, a man passing by, is slain.

Miscontinuance, Kitchin, fol. 231. See Dis∣continuance.

Mise (misa) is a French word signifying as much as (expensum) in Latine, and the Latine word (Misa) is so used in Kitchin, fol. 144. and in West. parte 2. symb. titulo, Proceedings in Chancery, Sect. 21. F. It is used anno 2. & 3. Edw. 6. ca. 36. for a summ of money paid by the Kings tenents in certain Counties in Wales according to their several customs. In the Statute 33 H. 8. c. 13. it is used plurally for certain cunumary gratuities sent to the Lord Marchers of Wales, by their Tenents, at their first comming to their lands. And an. 4. et 5. Ph. & Mar. cap. 11. Mise is used in an acti∣on of right or property, for the point where∣upon the parties proceed to trial, either by As∣sise or batel; as issue is in an action personal; if the Mise be upon battel, Litleton, fo. 102. and in the Old nat. br. fol. 2. you have these words: Know yee, that this writ hath but two Issues: that is to say, joyning the mise upon the meer, and that is to put himself into the great Assise of our Soveraign Lord the King, or to joyn battel. See anno 37 Ed. 3. ca. 16. To joyn the mise upon the meer, is as much to say, as to joyn the mise upon the cleer right, and that in more plain termes is nothing else, but ••o joyn upon this point, whether hath the ••ore right, the Tenent or Demandant. Li∣tleton, lib. 3. cap. 8. fol. 101. b. This word in ••ome other place is used for a Participle, signi∣••ing as much as (cast or put upon) in English, which appeareth by Sir Edw. Cokes report in Stafsins case, vol. 6. fol. 124. a.

Misericordia, is used in the Common law, for an arbitrary punishment, Bracton, li. 4. tractat. 5. cap. 6. in these words: Item siquis in misericordiam incider••t pro disseisina, non re∣manebit misericordia exigenda, si ille qui amise∣rit, quaesiverit convictionem. Kithin, fol. 78. out of Glanvile saith thus: Est autem misericor∣dia, quia quis per uramentum legalium hominum amerciatus est, ne aliquid de suo honor abilicontene∣mento amittat. Which saying you have in a ma∣ner word for word, Glanv. l. 9. ca. 11. Fitzh. saith, that it is called misericordia, because ie ought to be very moderate, and rather lesse than the offence, according to the tenure of the great Charter, cap. 14. This saith Fitzherbert in his nat. brev. in the writ de moderata misericor∣dia, fol. 75. A. I. Misericordia is to be quit of misericors, that is, discharged of all manner of amercements, that may a man fall into within the Forest. See M. Cromptons Jurisdictions, fol. 196. See Amerciament. See Mercie, and Mode∣rata misericordia.

Miskenning, i. changing of speech in Court. Saxon in the description of England, ca. 11.

Misnomer, is compounded of the French (mes) which in composition alwaies signifi∣eth as much as (amisse) and (nomer, i. nomina∣re) It signifieth in our Common law, the u∣sing of one name for another, or mis-terming. ••ro••e, titulo Misnomer.

Misprision (misprisio) commeth of the French (Mespris, i. fastidium, contemptus.) It signifieth in our Common law, neglect, or negligence, or over-sight: As for example,

misprision of treason, or of felony, is a neg∣lect or light account shewed of treason or fe∣lony committed, by not revealing it, when we know it to be committed; Stawnf. pl. cor. l. 1. ca. 19. which read at large: or by letting a∣ny person committed for treason or felonie, or suspition of either, to goe before he be indi∣ted. Also Misprision of Clerks, anno 8 H. 6. ca. 15. is a neglect of Clerks in writing, or keeping Records. Thirdly, anno 14 Ed. 3. ca. 6. stat. prim. by misprision of Clerks no pro∣cesse shall be admitted. Misprision of treason, is the concealment, or not dis∣closing of known treason, for the which the offendours are to suffer imprisonmen•• during the Kings pleasure, lose their goods, and the profits of their lands, du∣ring their lives. Crompton in his Justice of Peace, cap. Misprision of felony, fol. 40. West, parte 2. symb. titulo Inditements, Sect. 63. in fine. Misprision of felonie, seemeth only finable by the Justices, before whom the party is attain∣ted. Cromptons Justice of Peace, ubi supra. The Justices of the Common place have power to assess fines and amerciaments upon persons offending for misprisions, contempts or neg∣ligences, for not doing or mis-doing any thing, in or concerning fines, West, parte 2. symbol. titulo Fines. Sect. 133. Justices of Assise shall amend the defaults of Clerks, misprising of a Syllable or Letter or writing, Cromptons juris¦dictions, fol. 20••. But it is to be noted, that other faults may be accounted misprisions of Treason or Felony, because certain latter Statutes do inflict that punishment upon them•• h••t of old hath been inflicted upon mis∣prisions, wherof you have an example, an. 14 El. cap. 3. of such as coyn forein Coyns not cur∣rent in this Realm, and of their Procurers, Aiders, and Abetters. And see the new ex∣position of Law-terms. Misprision signifieth also a mistaking, anno 14 Edw. 3. stat. pri. cap. 6.

Misses. See Mise.

Misuser, is an abuse of liberty or benefit; As he shall make fine for his misuser, Old nat. br. fol. 149.

Mystery, (mysterium) commeth of the Latin (mysterium) or rather from the French (mestier, i. ars, artificium) an art, or occupa∣tion.

Mittendo manuscriptum pedis finis, is a writ Judicial, directed to the Treasurer and Chamberlains of the Exchequer, to search and transmit the foot of a Fine, acknowledged before Justices in Eyr, into the Common plees, &c. Reg. orig. fol. 14. a, b.

Mittimus, signifieth a Precept sent by the King out of his Bench, to those that have the custody of fines levyed, that they send them by a day assigned to his Bench, West, parte 2. symb. titulo Fines. Sect. 138. F. & 154. B. and also to the Exchequer for certificate that Judgement is given for the livery of Lands to such or such a one, out of the Kings hands: whereupon he is dismissed also out of the Ex∣chequer, anno 5 R. 2. cap. 15. of divers other uses and applications of this (Mittimus) see the Register original in the Table of the Book.

MO

Moderata misericordia, is a Writ that ly∣eth for him that is amerced in Court Baron or other, being not of Record, for any trans∣gression or offence beyond the quality of a fault. It is directed to the Lord of the Court, or his Bailiff, commanding them to take a moderate amerciament of the party; and is founded upon Magna Charta, cap. 14. Quòd nullus liber homo amercietur nisi secun∣dùm qualitatem delicti, &c. The rest touching this writ, see in Fitzh. nat. brev. fol. 75. See Misericordia.

Modo & forma, are words of Art in a Pro∣cess, and namely in the answer of the Defen∣dant, whereby he denyeth himself to have done the thing laid to his charge, modo & for∣ma declarata, Kitchin fol. 232. It signifieth as much as that clause in the Civil law, Negat allegata, prout allegantur, esse vera.

Moitie commeth of the French (moitiè, id est, coaequa vel media pars) and signifi∣eth the half of any thing, Littleton, folio 125.

Monks Cloths, anno 20 Hen. 6. cap. 20.

Moniers (monetarii) Regist. orig. fol. 262. b. & anno 1 Edw. 6. ca. 15. be ministers of the Mint, which make and coyn the Kings mony. It appeareth by some Antiquity which I have seen, that in antient times our Kings of England had Mints in most of the Countries of this Realm. And in the Tractate of the Exchequer, written by Ockham, I find, that whereas Sheriffs ordinarily were tyed to pay into the Exchequer, the Kings Sterling, for such debts as they were to answer, they of Northumberland and Cumberland were at liber∣ty to pay in any sort of mony, so it were silver. And the reason is there given, because those two Shires, monetarios de antiqua institutione non habent.

Monstrance de droyt, is as much as to say, as shewing of his right. It signifieth in our Common law, a sute in Chancery to be resto∣red to Lands or Tenements, that indeed be mine in right, though they were by some of∣fice

found to be in possession of another lately dead. See Stawnf. praerog. cap. 21. at large, and Broke, titulo Petition. Of this also read Sir Edward Cokes, Reports, lib. 4. fo. 54. b. &c. The Wardens of the Sadlers Case.

Monstraverunt, is a writ that lieth for tenents that hold freely by Charter in antient Demean, being destreined for the payment of any toll or imposition, contrary to their liberty, which they do or should enjoy, which se in Fitzh. na. br. f. 14.

Moriam, is all one in signification with the French (morion, i. cassis) a head-piece: which word the Frenchman borroweth from the Ita∣lian (morione) anno 4 & 5 Phil. & Mar. cap. 2.

Morling, aliâs mortling, seemeth to be that wool which is taken from the skin of a dead sheep, whether dying of the rot, or being killed, anno 27 H. 6. c. 2. This is written Morkin, an. 3 Jac. c. 18.

Mort d'ancester. See Assise.

Mortgage (mortuum vadium, vel mort∣gagium) is compounded of two French words (mort, id est, mors) and (gage, id est, pig∣nus, merces.) It signifieth in our Common law, a pawn of land or tenement, or any thing moveable, laid or bound for mony bor∣rowed, peremptorily to be the Creditours for ever, if the mony be not paid at the day agreed upon. And the Creditour holding land or te∣nement upon this bargain, is in the mean time called Tenent in mortgage. Of this we read in the grand Customary of Normandy, ca. 113. in these words: Notandum insuper est, quod vadiorum quoddam vivumqu, oddam mortu∣um nuncupatur. Mortuum autem dicitur vadium, quod se de nihilo redimit & acquietat; ut terra tradita in vadium pro centum solidis, quam cum obligator retrahere voluerit, acceptam pecuniam restituet in solidum. Vivum autem dicitur va∣dium, quod ex suis proventibus acquiratur; ut terra tradita in vadium pro centum solidis usque tres annos, quae elapso tertio anno, reddenda est obligatori, vel tradita in vadium, quous{que} pecunia recepta de ejusdem proventibus fuerit persoluta. Glanvile likewise lib. 10. cap. 6. defineth it thus, Mortuum vadium dicitur illud, cujus fru∣ctus vel reditus interim percepti in nullo se acquie∣tant. So you see by both these Books, that it is called a dead gage, because whatsoever pro∣fit it yieldeth, yet it redeemeth not it self by yielding such profit, except the whole sum borrowed be likewise paid at the day. See Skene de verb. significat. eodem. He that layeth this pawn or gage, is called the Mortga∣ger, and he that taketh it, the Mortgagee, West, parte 2. symb. titulo Fines. Sect. 145. This, if it contain excessive usury, is prohi∣bited, anno 37 H. 8. c. 9.

Morimain (manus mortua) is compounded of two French words, (mort, i. mors) and (main, i. manus) It signifieth in the Common law, an alienation of Lands or Tenements to a∣ny Corporation, Guild, or Fratemity, and their Successors, as Bishops, Parsons, Vicars, &c. which may not be done without licence of the King, and the Lord of the Manor. The reason of the name proceedeth from this, as I conceive it, because the services and other profits due for such lands, as Escheats, &c. com∣meth into a dead hand, or into such a hand as holdeth them, and is not of power to deliver them, or any thing for them back a∣gain. Magna Charta, cap. 36. & anno 7 Ed. pri. commonly called (the Statute of Mortmain) and anno 18 Edw. 3. statut. 3. cap. 3. & anno 15 Rich. 2. cap. 5. Polydor. Virgil in the se∣venteenth Book of his Chronicles, maketh mention of this Law, and giveth this reason of the name. Et legem hanc manum mortuam vocarunt, quòdres semel datae collegiis sacerdo∣tum, non utique rursus venderentur, velut mor∣tuae, hoc est, usui aliorum mortalium in perpetu∣um ademptae essent. Lex diligenter servatur, sic ut nihil possessionum ordini sacerdotali à quoquam detur, nisi Regio permissu. But the former Statutes be something abridged by anno 39 Elizabeth. cap. 5. by which the gift of land, &c. to Hospitals, is permitted without ob∣taining of Mortmain. Hotoman in his Com∣mentaries de verbis feudal. verbo Manus mor∣tua hath these words, Manus mortua locutio est, quae usurpatur de iis, quorum pos∣sessio, ut ita dicam, immortalis est: quia nun∣quam haeredem habere desinunt. Quâ de causâ res nunquam ad priorem dominum revertitur. Nam manus pro possessione dicitur, mortua pro immortali. Sic municipium dicitur non mori, l. An usus fructus, 56. D. de usufr. ligat. quo∣niam hominibus aliis succrescentibus, idem po∣puli corpus videtur. l. proponebatur. 76. D. de Judiciis: Haec Hotomanus; and read the rest. Amortizatio est in manum mortuam trar slatio Principis jussu. Petrus Belluga in speculo prin∣cipum, fol. 76. Jus amortizationis est licentia capiendi ad manum mortuam. Idem, eodem, where you may read a learned Tractate, both of the beginning and nature of this Doctrine. To the same effect you may read Cass. de con∣suet. Burg. pag. 348, 387, 1183, 1185, 1201, 1225, 1285, 1218, 1274. M. Skene de verbo signif. saith, that Dimittere terras ad manum mortuam, est idem atque dimittere ad multitudi∣nem sive univer sitatem, quae nunquam moritur: idque per 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, seu à contrario sensu, be∣because Communalties never die.

MU

Murtuarie (mortuarium) is a gift left by a

man at his death, to his parish Church, for the recompence of his personal Tithes and Of∣ferings not duly payed in his life time. And if a man have three, or more cattel of any kind, the best being kept for the Lord of the fee as a Heriot; the second was wont to be given to the Parson in right of the Church, ca. statu∣tum, De consuetu, in provincial, Touching this you have two Statutes; one anno 13. Edw pri. commonly called Circumspectè agatis: where∣by it appeareth, that Mortuaries are suable in the Court Christian; the other, anno 21 H. 8. ca. 6. whereby is fet down an order and rate in money for Mortuaries.

Mulier, as it is used in the Common law, seemeth to be a word corrupted, and used for (Melior) or rather the French (Melieur.) It signifieth the lawfull issue preferred before an elder Brother born out of Marrimonie; an. H. 6. ca. 11. Smith de repub. Anglo. lib. 3. ca. 6. But by Glanvile, lib. 7. ca. 1. the lawful issue seemeth rather (Mulier) then (Melior) be∣cause it is begotten (è muliere) and not (ex Concubine) for he calleth such issue filios mu∣lierates, opposing them to Bastards. And Britton, cap. 70. hath frere mulier, i. the Bro∣ther begotten of the wife, opposite to frere ba∣stard. This seemeth to be used in Scotland al∣so: For Master Skene, de verborum significat. verbo Mulieratus filius, saith, that Mulieratus fi∣lius is a lawful son, begotten of a lawful wife. Quia mulieris appellatione uxor continetur. l. Mulieris 13. & ibidem. Glossa de verborum significatione.

Mulmutins laws. See Law.

Multure (Molitura, vel Multura) cometh neer the French (Moulture) and signifieth in our Common law, the tolle that the Miller ta∣keth, for grinding of corn.

Murage (Muragium) is a tolle or tribute to be levied for the building or repairing of publike edifices or walles. Fitzherberts Nat. Brev. fo. 227. d. Murage seemeth also to be a libertie granted by the King to a town, for the gathering of money toward walling of the same. Anno 3 Edw. 1. ca. 30.

Murder (murdrum) is borrowed of the French (Meurtrier, i. Carnifex, homicide) or (Meurtre, i. internecio, homicidium. The new Expositor of the Law-Tearms draweth it from the Saxon word (Mordren) signifying the same thing. It signifyeth in our Common law a wilfull and felonious killing of another upon prepensed malice, anno 52 H. 3. ca. 25 West, parte 2. symbol. titulo Inditements, Sect. 47. Bracton, li. 3. tract. 2. ca 15. nu. 1. defineth it to be, homicidium, quod nullo praesente, nullo scien∣te, nullo audiente, nullo vidente, clam perpetra∣tur. And of the same mind is Britton, cap. 6. as also Fleta, lib. 1. cap. 30. Yet Fleta saith al∣so, That it was not murther, except it were proved the party slain were english, and no stranger. But as Stawnf. saith, pl. Cor. li. 1. cap. 2. the Law in this point is altered by the Statute, anno 14 Edward 3. cap. 4. and mur∣ther is now otherwise to bee defined. When a man upon prepensed malice killeth another, whether secretly or openly, it maketh no mat∣ter: or be he an English man, or a foreiner living under the Kings protection. And pre∣pensed malice is here either expresse or im∣plied: Expresse, when it may be evidently proved that there was formerly some evil will implied: when one killeth another suddenly ha∣ving nothing to defend himself, as going over a stlle, or such like, Cromptons Justice of peace, in the Chapter of Murther, fol. 19. b. See Master Skene, de verbor. significat. Verbo Murdrum. This by the Latine interpreter of the grand Custumary of Normandie, is called Multrum, cap. 68. See Were.

Muster cometh of the French (moustre, i. specimen, spectamen, exemplum) as feire moustre generale de toute son armee, is as much as lu∣strare exercitum. The signification is plain. Mustred of record, anno 18 Henr. 6. cap. 19. seemeth to be dare nomen, or to be introlled in the number of the Kings souldiers. Master of the Kings musters, anno 2 Ed. 6. cap. 2, see Muster.

Muster-master general, anno 35. Elizab. cap. 4. See Master of the Kings Musters,

NA

NAam (Namium) seemeth to come from the Dutch word nemmen, i. capio. It sig∣nifieth in our Common law, the taking or ap∣prehending of another mans moveable goods: and is either lawfull or unlawful. Lawfull naam is nothing else but a reasonable distresse, proportionable to the value of the thing dist∣reined for: and this naam was antiently called either vif or mort, quick or dead, according as it is made of dead or quick chatels. Law∣ful naam is so, either by the Common law, or by a mans particular fact: by the Common law, as when one taketh another mans beasts dammage feisant in his grounds: by a mans particular fact, as by reason of some contract made, that for default of payment of an annu∣ity agreed upon, it shall be lawfull to distrein in such or such lands, &c. Horns Mirrour of Justices, lib. 2. ca. de vec. de naam, where you

may read of other circumstances required in lawfull naam, viz. of what thing or of what things first, in what maner, on what dayes, and at what houses it ought to be made: with other points worth the reading, for the under∣standing of our Law Antiquities. See Wither∣nam.

Nasse, anno 4 Hen. 7. ca. 21. seemeth to be the proper name of Orford Haven. Whether it be so termed of the boats or water Vessels that lie there, or not, let the Reader judge. But nasselle is in French a kind of small boat.

Nativo habendo is a writ that lieth to the Sheriff for a Lord, whose Villein claimed for his inheritance, is run from him, for the ap∣prehending and restoring of him to his Lord again: Regist. orig. fol. 87. Fitz. nat. brev. fo. 77. See Libertate probanda.

Naturalization. See Denizen.

NE

Ne admittas, is a writ that lieth for the Plaintiff in a Quare impedit, or him that hath an action of Darrein presentment depending in the common Bench, and feareth that the Bi∣shop will admit the Clerk of the Defendant, during the sute between them. And this writ must be sued within six months after the avoy∣dance. Because after the six months the Bi∣shop may present by lapse. Register original, fol. 31. Fitz. nat. brev. fol. 37. where see the rest.

Negative pregnant (Negativa praegnans) is a negative implying also an affirmative. As is a man being impleaded, to have done a thing upon such a day, or in such a place, denieth that he did it modo & forma declarata, which implyeth neverthelesse, that in some sort he did it. Or if a man be said to have alienated land, &c. in fee, he denying that he hath alienated in fee, seemeth to confesse that he hath aliena∣ted in some other sort. Dyer, fol. 17. nu. 95. See Brook hoc titulo, and Kitchin, fol. 232. And see the new exposition of law terms. And read also in some Civilians, of Assirmativa praegnans, and that is, quae habet in se inclusi∣vam negativam. Et hoc importare videntur dicti∣ones (Solùm & tanti••m, qua implicant negati∣vam) Pacianus, De probationibus, lib. 1. cap. 31. num. 16. fol. 93.

Neif (nativa) cometh of the French (Naif, i. naturalis, vel nativus) it signifieth in our Common law, a Bondwoman, anno 1 Ed. 6. cap. 3. the reason is, because women become bound rather nativitate, than by any other means.

Ne injustè vexes, is a Writ that lyeth for a Te∣nent, which is distrained by his Lord, for o∣ther services than he ought to make, and is a Prohibition to the Lord in it self, command∣ing him not to distrain. The especial use of it is, where the Tenent hath formerly prejudiced himself by performing more services, or pay∣ing more rent without constraint, than he needed. For in this Case, by reason of the Lords seisin, he cannot avoid him in avow∣ry: and therefore he is driven to this Writ as his next remedy, Regist. orig. fol. 4. Fitz. nat. brev. fol. 10.

Ne Vicecomes colore mandati Regis quem∣quam amoveat à possessione ecclesiae minus justè; Regist. orig. fol. 61.

NI

Nient comprise, is an exception taken to a Petition as unjust, because the thing desired is not contained or comprehended in that Act or Deed, whereupon the Petition is ground∣ed. For example, one desireth of the Court, to be put in possession of a House formerly a∣mong other Lands, &c. adjudged unto him. The adverse party pleadeth, that this Petition is not to be granted, because though he had a judgement for certain Lands and Houses: yet the House into the possession whereof he desi∣reth to be put, is not contained among those for the which he had judgment. See the New Book of Enteries, titulo Nient comprise. This seemeth to be especially to hinder execn∣tion.

Nifle, anno 3 Ed. 4. cap. 5.

Nihil, anno 5 R. 2. stat. 1. cap. 3. is a word set upon a Debt illeviable, by the forein Ap∣poser in the Exchequer.

Nihil dicit, is a failing to put in answer to the Plea of the Plaintiff by the day assigned, which if a man do commit, judgement pas∣seth against him, as saying nothing why it should not

Nisi prius, is a Writ Iudicial, which ly∣eth in Case, where the Enquest is paneled, and returned before the Iustices of the Bank, the one party or the other making Petition, to have this Writ for the ease of the Country. It is directed to the Sheriff, commanding that he should cause the men impaneled to come be∣fore the Iustices in the same County, for the determination of the Cause there, except it be so difficult, that it need great delibera∣tion. In which it is sent again to the Bank, v. anno 14 Edward. 3. cap. 15. The form of the Writ see in Old nat. br. fol. 159. and in the Register judicial, fol. 7. & 28. & 75. See the New Book of Entries, verbo, Nisi prius. And it is called (Nisi prius) of these words comprised in the same, whereby the Sheriff is willed to bring to Westminster, the men em¦paneled, at a certain day, or before the Iusti∣stices of the next Assises: Nisi die Lunae apud talem locum prius venerint, &c. whereby it

appeareth, that Iustices of Assises, and Iu∣stices of (Nisi prius) are differing. 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 County associated unto him, Fitzherb. nat. brev. fol. 240. E. which he taketh from the Statute of York, anno 12 Ed. 2. See Westm. 2. cap. 30. anno 13 Edw. prim. & anno 27 ejus∣dem, cap. 4. & anno 2 Edw. 3. cap. 17. & anno 4 ejusdem, cap. 11. & anno 14 ejusdem, cap. 16. & anno 7 Rich. 2. cap. 7. & anno 18 Eliz. cap. 12.

NO

Nobility (Nobilitas) in England compri∣seth all Dignities above a Knight. So that a Baron is the lowest degree thereof. Smith de Repub. Anglor. lib. prim. ca. 17. Bartolus in his Tractate de Nobilitate, which he compiled upon the Law, Si ut proponis C. de dignitatibus, libro 12. rehearseth four Opinions de Nobilita∣te, but rejecteth them, and himself defineth it thus, Nobilitas est qualitas illata per principa∣tum tenextem, qua quis ultra honestos plebeios acceptus ostenditur. But this definition is too large for us, except we will account Knights and Banerets inter plebem, which in mine opi∣nion were too haish. For Equites among the Romans were in a middle rank, inter Se∣natores & plebem.

Nocumento. See Nusance.

Nomination (nominatio) is used by the Ca∣nonists and Common Lawyers, for a power that a man by vertue of a Mannor or other∣wise, hath to appoint a Clerk to a Patron of a Benefice, by him to be presented to the Or∣dinary. New Terms of the Law.

Non-ability, is an exception taken against the Plaintiff or Demandant upon some cause, why he cannot commence any sute in Law, as Praemunire, Outlawry. Villenage, or Excommu∣nication, or because he is a Stranger born. The Civilians say, That such a man hath not per∣sonam standi in judicio. See Brook, hoc titulo. See Fitz. nat. brev. fo. 35. a. fo. 65. d. fo. 77. c. The new Expositor of Law Terms teckoneth six causes of Non-ability, as if he be an Out∣law, a Stranger born, condemned in a Prae∣munire, professed in Religion excommu∣nicate, or a Villein. Howbeit the second cause holdeth only in Actions real or mixt, and not in personal, except he be a Stranger and an enemy.

Non admittas. See ne admittas.

Nonage, is all the time of a mans age under one and twenty years in some cases, or four∣teen in some, as mariage. See Brook titulo Age. See Age.

Non capiendo Clericum, see Clericum non ca∣piendo.

Non-claym, Cromptons Jurisdict. fo. 144, seemeth to be an exception against a man that claimeth not within the time limited by Law, as within a year and day, in case where a man ought to make continual Claim, or within five years after a Fine levyed. Vide Cook, lib. 4. in Pr••oemio. See Continual claim.

Non compos mentis, it is of four sorts: First, he that is an Ideot born. Next, he that by ac∣cident afterwards wholly loseth his wits. Thirdly, a Lunitick, that hath sometime his understanding, and sometime not. Lastly, he which by his own Act depriveth himself of his right mind for a time, as a Drun∣kard: Coke lib. 4. fo. 124. b.

Non distringendo, is a Writ comprising un∣der it divers particulars, according to di∣vers Cases, all which you may see in the Table of the Register origin. verbo non distrin∣gendo.

Non est culpabilis, is the general Answer to an Action of Trespass, whereby the De∣fendant doth absolutely deny the fact impu∣ted unto him by by the Plaintiff, whereas in o∣ther especial Answers, the Defendant grant∣eth a Fact to be done, and allegeth some rea∣son in his defence, why he lawfully might do it. And therefore whereas the Rhetoricians, comprise all the substance of their discourses, under three Questions, An sit, quid sit, quale sit, this Answer falleth under the first of the three: all other Answers are under one of the other two. And as this is the general Answer in an Action of Trespass, that is, an Action cri∣minal civilly prosecuted: so is it also in all Actions criminally followed, either at the sute of the King or other, wherein the Defendant denyeth the crime objected unto him. See the New Book of Entries, titulo Non culpabilis, and Stawnf. pl. cor. lib. 2. cap. 62.

Non est factum, is an Answer to a Declarati∣on, wherby a man denyeth that to be his Deed, whereupon he is impleaded. Broke, hoc ti∣tulo.

Non implacitando aliquem de libero tenemen∣to sine brevi, is a Writ to inhibit Bailiffs, &c. from distreining any man without the Kings Writ, touching his Freehold, Register fol. 171. b.

Non intromittendo quando breve praecipe in capite subdolè impetratur, is a Writ directed to Iustices of the Bench, or in Eyr, willing them not to give one hearing, that hath under the co∣lour of intitling the King to Land, &c. as hold∣ing of him in Capite, deceitfully obtained the Writ called Praecipe in capite; but to put him to this Writ of Right if he think good to use it, Register original, fol. 4. b.

Non Mercandizando victualia, in a Writ di∣rected to the Justices of Assise, commanding them to inquire whether the Officers of such a Town do sell Victuals in gross, or by retayl, during their Office, contrary to the Statute, and to punish them, if they find it true. Regist. fol. 184.

Non molestando, is a Writ that lyeth for him, which is molested contrary to the Kings Protection granted him, Register fol. 24.

Non omittas, is a Writ lying where the Sheriff delivereth a former Writ to a Bayliff of a Franchise, within the which the party, on whom it is to be served, dwelleth, and the Bayliff neglecteth to serve it: for in this Case the Sheriff returning, that he delivered it to the Bayliff, this shall be directed to the She∣riff, charging him himself to execute the Kings commandement, Old nat. brev. fol. 44. of this the Regist. orig. hath three sorts, fol. 82. b. & 151. and the Register judic. one, folio 5 & 56.

Non penendo in Assisis & Juratis, is a Writ founded upon the Stat. Westm. 2. ca. 38. and the stat. Articuli super Chartas, cap. 9. which is granted upon divers causes to men, for the freeing them from Assises and Juries. See Fitz. nat. brev. fol. 165. See the Regist. fol. 179, 100, 181, 183.

Non precedendo ad Assisam Rege inconsulto, is a writ to stop the Tryal of a Cause appertain∣ing unto one, that is in the Kings service. •• c. untill the Kings pleasure be farther known, Register fol. 220. a.

Non residentia pro clericis regis, is a Writ dire∣cted to the Ordinary, sharging him not to mo∣lest a Clerk imployed in the Kings service, by reason of his non residence. Regist. orig. folio 58. b.

Non sute, is a renunciation of the sute by the Plaintiff or demandant, when the matter is so far proceeded in, as the Jury is ready at the Bar, to deliver their verdict, anno 2 H. 4. cap. 7. See the New Book of Entries, verbo Non∣sute. The Civilians term it Litis renunciati∣onein.

Non solvendo pecuniam ad quam Clericus mu••ctatur pro non residentia, is a Writ prohibi∣ting an Ordinary to take a pecuniary mulct, imposed upon a Clerk of the King for Non∣residence, Reg. orig. fol. 59.

Non-tenure, is an exception to a count, by saying that he holdeth not the Land specified in the count, or at the least some part of it, anno 25 Edw. 3. statut. 4. cap. 16, West. parte 2. Symbol. titulo Fines, Sect. 138. maketh mention of Non tenure general, and Non tenure special. See the New Book of En∣tries, Verbo Non tenure, where it is said, that especial Non tenure is an exception, al∣leging that he was not Tenent the day where∣on the writ was purchased. Non tenure gene∣ral is then by Likelyhood, where one deny∣eth himself ever to have been Tenent to the Land in question.

Non sum informatus. See Informatus non sum.

Non sane memorie (Non sanae memoriae) is on exception taken to any Act declared by the Plaintiff or Demandant to be done by ano∣ther, whereupon he groundeth his Plaint or Demand. And the Contents of this Excepti∣on be, that the party that did that Act (being himself or any other) was not well in his wits, or mad when he did it. See the New Book of Entries, titulo nonsane memorie, and Dum non fuit compos mentis. See also, supra Non compos mentis.

Non term (non terminus) is the time of Vacation between Term and Term. It was wont to be called the times or days of the Kings peace, Lamb. Archaiono. fol. 126. and what these were in the time of King Edward the Confessour, see there. This time was cal∣led (Justicium) or (Feriae) among the Ro∣mans, or (dies nefasti) Ferias appellari notum est tempus illud, quod forensibus negotiis & jure dicendo vacabat. Earum autem aliae so∣lennes erant, alia repentinae. Brisson. de verb. signif. lib. 6. vide Wesenbec: paratit. De Fe∣riis, num. 6.

Note of •• Fine (nota finis) is a brief of a fine made by the Chirographer, before it be ingrossed. The form whereof see in West. parte 2. Symbol. titulo Fines, Section 117.

Novel assignment (nova assignatio) is an assignment of time or place, or such like, o∣therwise than as it was before assigned. In Brook you may find these words in effect, titulo Deputy, num. 12. See novel assignment of Tres∣pass in a new place after Bar pleaded, Brock tit. Trespass, 122. and novel assignment in a Writ de ejectione custodiae, titulo Ejectione custodiae, num. 7. See Assignment.

NU

Nuae mater. See Mater.

Nunne (Nonna) is the French word (non∣nain) or (nonne) something altered, which signifieth a holy or confecrated Virgin, or a woman that hath by vow bound her self to a single and chaste life, in some place and Com∣pany of other women, seperated from the world, and addicted to an especial service of God, by Prayer, Fasting, and such like ho∣ly exercises. If we would know whence this word came into France, Saint Hierome ma∣keth

it an Aegyptian word, as Hospinian recordeth of him, in this Book De origine & progressu monachatus, fol. 2.

Nuper obiit, is a Writ that lyeth for a Co-heir being deforced by her Co-heir of Lands or Tenements, whereof the Grandfather, Father, Uncle, or Brother to them both, or a∣ny other their Common Ancesters died seised of an Estate in Fee-simple. See the form of the Writ, Origin. Regist. fol. 226, &c. Fitzh. nat. brev. fol. 197. If the Ancestor died ses∣sed in Fee tail, then the Co-heir deforced shall have a Formedon. Idem, ibid.

Nusance, (nocumentum) commeth of the French (nuire, i. nocere.) It signifieth in our Common law, not only a thing done, where∣by another man is annoyed in his free Lands or Tenements, but especially the Assise or Writ lying for the same, Fitzh. nat. brev. fol. 183. And this Writ (de Nocumento) or of Nusance, is either simply, De nocumento, or de parvo nocumento; and then it is Vicountiel. Old nat. brev. fol. 108, & 109. & Fitz. natur. brev. ubi supra, & fol. 184. Britton calleth it Nosance, whom also read, cap. 61, & 62. M. Manwood parte 2. of his Forest laws, cap. 17. maketh three sorts of Nusance in the Forest: The first is Nocumentum commune, the second, Nocumentum speciale, the third, Nocumentum generale; which read with the rest of that whole Chapter. See the Register orig. fol. 197, & 199.

Nutmegs (nux myristica, vel nux muscata) is a spice well known to all. It groweth of a Tree like a Peach-tree, and is inclosed in two Husks, whereof the inner Husk is that spice which we call Mace. Of this who will may read more in Gerards Her∣bal, lib. 3. cap. 145. It is mentioned among spices that are to be garbled, anno 1 Jacob. cap. 19.

O

OB

OBedientiae, was a Rent, as appeareth by Ro∣ger Hoveden parte poster. suorum annalium, fol. 430. in these words: Ut ergo eis, sc. regula∣ribus, adimatur opportunitas evagandi, prohibe∣mus, ne reditus quos obedientias vocant, ad fir∣mam teneant, &c. Obedidientia in the Com∣mon law is used for an Office or the admini∣stration of an Office, ca. cùm admonasterium, 6. extra de statu monacho: & cano. regula. And thereupon the word (obedientiales) is used in the provincial constitutions for those which have the execution of any Office under their Superiors, cap. prim. de statu, regula. For thus saith Lyndwood in his gloss upon that word: H••i sunt qui sub obedientia suorum Praelatorum sunt, & habent certa officia administranda inte riùs vel exteriùs. It may be that some of these Offices called obedientiae, consisted in the col∣lection of rents or pensions: and that there∣fore those Rents were by a Metonymie called obedientia, quia colligebantur ab obedientiali∣bus.

Oblitions, (oblationes) are thus defined in the Canon law. Oblationes dicuntur, quae∣cunque à piis fidelibúsque Christianis offeruntur Deo & Ecclesiae, sive res soli, sive mobiles sint. Nec refert an legentur testamento, an aliter do∣nentur, cap. clerici. 13. quaest. 2. Read more of these in Duarenus. de sacr. eccl. minister. ac benefi. cap. tertio.

Oblagation (obligatio) and Bill be all one, saving that when it is in English, it is com∣monly 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 obliga∣tory, but we commonly call that an Obliga∣tion, which hath a Condition annexed. The former Author in the same place saith thus farther. An Obligation is a Deed, whereby the Obligor doth acknowledge himself to owe unto the Obligee a certain sum of money, or other thing. In which, besides the parties names, are to be considered the thing due, and the time, place, and manner of payment, or delivery. Obligations be either by mat∣ter in Deed or of Record. An Obligation by matter in Deed, is every Obligation not ac∣knowledged and made in some Court of Re∣cord. Hithetto Master West.

OC

Occupavit, is a Writ that lyeth for him, which is ejected out of his Land or Tenement in time of war: as a Writ of Novel dissei∣sin lieth for one ejected in time of peace. Ing∣ham §. Brief de novel disseisin.

Octo tales. See Tales. See Brook tit. Octo tales.

OD

Odio & atia, anno 3 Ed. 1. cap. 11. is a Writ sent to the Under-Sheriff, to inquire whe∣ther a man being committed to Prison upon suspition of murther, be committed upon malice or evill will, or upon just suspition, Register orig. fol. 133. b. See Bracton lib. 3. parte 2. cap. 20.

OF

Office (Officinm) doth signifie not only that function, by vertu whereof a man hath some imployment in the affairs of another, as of the King, or other Common person; but also an Inquisition made to the Kings use, of any thing by vertue of his Office who inqui∣reth. And therefore we oftentimes read of

an Office found, which is nothing but such a thing found by Inquisition made ex officio. In this signification it is used anno 33 H. 8. cap. 20. and in Stawnfords praerog. fol. 60, & 61. where to traverse an Office, is to traverse the Inquisition taken of Office. And in Kitchin fol. 177. to return an Office, is to return that which is found by vertue of the office; See also the new Book of Entries, verbo office pur le Roy. And this is by a Metonymy of the ef∣fect: And there be two sorts of Offices in this signification, issuing out of the Exche∣quer by Commission, viz. an Office to intitle the King in the thing inquired of, and an Of∣fice of instruction; which read in Sir Ed∣ward Cokes Reports, vol. 6. Pages Case, fol. 52. a, b. Office in fee, is that which a man hath to himself and his heirs, anno 13 Ed∣ward 1. cap. 25. Kitchin folio 152. See Clerk.

Official (Officialis) is a word very diversly used. For by sundry Civilians of other Countries, that write in these daies, it appeareth to be applyed in ma∣ny places, to such as have the sway of tempo∣rall Justice. Aegidius Bossius in pract. crim. tit. De officialibus corruptis, &c. But by the ancienter Civil law, it signifieth him that is the Minister or Apparit or of a Magistrate or Judge. lib. 1. §. si quis ultro. π. de quaestio. & Co. de filiis officialium, &c. lib. 12. In the Canon law it is especially taken for him, to whom any Bishop doth generally commit the charge of his spiritual Jurisdiction. And in this sunse one in every Dioces is (officialis principalis) whom the Statutes and Laws of this Kingdom call Chanceller, anno 32 H. 8. cap. 15. The rest, if there be more, are by the Canon law called officiales foranei. glos. in Clem. 2. de Rescriptis, but with us termed Com∣missaries (Commissarii) as in the Statute of H. 8. or sometimes (Commissiarii foranei) The difference of these two powers you may read in Lyndwood, titulo de sequestra posses. ca. 1. verbo Officialis. But this word (official) in our Statutes and Common law, signifieth him, whom the Archdeacon substituteth in the executing of his Jurisdiction, as appear eth by the Statute above mentioned, and ma∣ny other places.

Officiariis non faciendis vel amovendis, is a Writ directed to the Magistrates of a Corpo∣ration, willing them not to make such a man an Officer, and to put him out of the Of∣fice he hath, untill enquiry be made of his manners, according to an Inquisition formerly ordained. Register original, fol. 126. b.

ON

Oner ando pro rata portionis, is a Writ that lyeth for a joint renent, or renent in Common that is distreyned for more rent, than the proportion of the Land commeth unto. Reg. orig. fol. 182. b.

OP

Open Law, (Lex manifesta, Lex apparens) is making of Law, which by Magna Charta cap. 28. Bayliffs may not put men unto upon their own bare assertions, except they have Witnesses to prove their imputation.

OR

Orchel. anno 1 R. 3. cap. 8. Orchall, anno 24 H. 8. cap. 2. & anno 3 & 4 Ed. 6. cap. 2. seem∣etst to be all one with Cork.

Ordinance of the Forest (Ordinatio Forestae) is a Statute made touching Forest causes in the 34 year of Edward 1. See As∣sise.

Ordinary (Ordinarius) though in the Civil law, whence the word is taken, it doth sig∣nifie any Judge that hath authority to take knowledge of Causes in his own right, as he is a Magistrate, and not by deputation: yet in our Common law, it is most commonly, and for ought I remember, alway taken for him, that hath ordinary jurisdiction in causes Ec∣clesiastical. See Brook hoc titulo. Linwood in cap. exterior, titulo de Constitutionibus, verbo Or∣dinarii, saith, quòd Ordinarius habet locum prin∣cipaliter in Episcopo, et aliis superioribus, qui soli sunt universales in suis ju isdictionibus, sed sunt sub eo ali••ordinarii, hii viz. quibus compe∣tit jurisdictio ordinaria de jure, privilegio vgl consuetudine, &c. v. c.

Ordinatione contra servientes, is a Writ that lyeth against a Servant for leaving his Ma∣ster against the Statute, Register original, fol. 189.

Ordel (Ordalium) is a Saxon word, signi∣fying as much as Judgement, in some mens opinions compounded of two Saxon words (or) a privative as (a) in Greek, and (dael, 1. pars) It signifieth as much as expers: but it is artificially used for a kind of purgation practi∣sed in antient times: whereby the party pur∣ged, was judged expers criminis, called in the Canon law purgatio vulgaris, and utterly condemned. There were of this two sorts, one by fire, another by water. Of these see M. Lamberd in his explication of Saxon words, verbo Ordalium, where he expresseth it at large, with such superstitions as were used in it. Of this you may like wise read Holinshed in his description of Britain, fol. 98. and also M. Manwood parte pri. of his Forest laws, pag. 15. But of all the rest, Hotoman especially, disput. de feud. p. 41. where of five kind of proofs which he calleth feudales probationes, he maketh this the fourth, calling it exploratio∣nem,

et hujus furiosae probationis 6. genera fu∣isse animadvertit, per flammam, per aquam, perferrum candens, per aquam vel gelidam, vel ferventem, per sortes, et per corpus Domini, of all which he allegeth several exemples out of History, very worthy the reading. See M. Skene also de verbor. significatione, verbo (Ma∣chamium) This seemeth to have been in use here with us in Henry the seconds dayes, as appeareth by Glanvile, lib. 14. c. 1 & 2. Read also of this in M. Verstegans Restitution of decayed intelligence, cap. 3. pag. 63. & seq.

Orfgild, aliis Cheapegeld, is a restitution made by the Hundred or County, of any wrong done by one that was in plegio. Lamberd, Ar∣chaion, page 125. & 126.

Org is, anno 31. Ed. 3. stat. 3. cap. 2. is the greatest sort of North sea-fish, now a daies called Organ ling.

Oredelf, is a liberty whereby a man claimeth the Ore found in his soyl. New exposition of Termes.

Ortelli. is a word used in the book termed (pupilla oculi) in the chapter containing the Charter of the Forest, parte 5. cap. 22. and signifyeth the clawes of a dogs foot, being ta∣ken from the French, orteils des pieds, i. digiti pedum, the Toes.

OS

Osmonds, anno 32. Henr. 8. cap. 14.

OT

Oth of the King (Juramentum Regis) is that which the King taketh at his Coronation, which in Bract. is set down in these words: Debet Rex in coronatione sua, in nomine Jesu Christi praesti∣to sacramento haec tria promittere populo sibi sub∣dito: Inprimis se esse praecepturum & pro viribus opem impensurum ut ecclesiae dei et omni populo Christiano vera pax omnisuo tempore observetur. Secundò, ut rapacitates et omnes inquietates omnibus gradibus interdicat. Tertiò, ut in omnibus judciis aequitatem praecipat & mise∣ricordiam, ut indulgeat ei suam misericordiam clemens & misericors Dens, & ut per justitiam suam firma gaudeant pace universi. And in the old abridgment of Statutes set out in King Henry the eighths dayes, I find it thus descri∣bed. This is the oath that the King shall swear at his Coronation: That he shall keep and maintain the right, and the liberties of the Holy Church, of old time granted by the righteous Christian Kings of England; and that hee shall keep all the Lands, Honours, and Dignities righteous and free of the Crown of England in all manner whole, without a∣ny manner of minishment, and the rights of Crown hurt, decayed or lost, to his power shall call again into the ancient estate; and that he shall keep the peace of the Holy Church, and of the Clergy, and of the people with good accord: and that he shall doe in all his judgements equity, and right justice, with discretion and mercy: and that he shall grant to hold the Lawes and customes of the Realm, and to his power keep them, and affiem them, which the folke and people have made and chosen: and the evill Lawes and customes wholey to put out: and stedfast and stable peace to the people of this Realm, keep, and cause to be kept to his power: and that hee shall grant no Charter, but where he may doe it by his oath. All this I find in the fore∣said Book, titulo Sacramentum Regit, and Charter of Pardon, quinto.

Oth of the Kings Justices is, That they well and truly shall serve the King, and that they shall not assent to things that may turn to his dammage or disinheritance. Nor that they shall take no fee nor livery of none but the King. Nor that they shall take gift or reward of none that hath adoe before them, except it be meat and drink of small value, as long as the plce is hanging before them, nor after for the cause. Nor that they shall give counsell to none in matter that may touch the King, upon pain to be at the Kings will, body and goods. And that they shall doe right to every person, notwithstanding the Kings Letters, &c. Anno 18. Ed. 3. statut. 4. which the old abridge∣ment maketh to be anno 20. ejusdem statu••o perse.

Otho was a Deacon Cardinal of S. Nichens in carcere Tulliani, and Legate for the Pope here in England, anno 22 H. 3. whose consti∣tutions we have at this day: Stows An. p. 303. and see the first constitution of the said Le∣gat.

Othobonus was a Deacon Cardinal of S. A∣drian, and the Popes Legate here in England, anno 15 Hen. 3. as appeareth by the award made between the said King and his Com∣mons, at Kenelworth; his constitutions we have at this day in use.

OU

Ouch, anno 24 H. 8. cap. 13.

Ouster le main (Amovere manum) word for word, signifieth to take off the hand, though in true French, it should be (Oster la main) It signifieth in the common Law a Iudgement gi∣ven for him that tendeth a travers, or sueth a Monstrance de droit, or petition. For when it appeareth upon the matter discussed, that the King hath no right nor title to the thing he seised, then Iudgement shall be given in the Chauncery, that the Kings hands be a∣moved, and thereupon Amoveas manum shall be awarded to the Escheator: which is as much, as if the judgement were given that

hee shall have again his land. v. Stawnf. prae∣rog. ca. 24. See anno 28 Ed. 1. stat. 3. ca. 19. it is also taken for the writ granted upon this petition. Fitz. nat. br. fol. 256. C. It is writ∣ten oter le maine, anno 25 Hen. 8. cap. 22.

Ouster le mer (ultra mare) cometh of the French (oultre, i. ultra) and (le mer, i. mare) and it is a cause of excuse or Essoin, if a man ap∣pear not in Court uppon Summons. See Essoin.

Out fangthief, alids uifangthef, is thus defi∣ned by Bracten, lib. 3. tra. 2. ca. 34. Vifang∣thef dicitur latro extraneus veniens aliunde de terra aliena, & qut captus fuit in terra ipsius, qui tales habet libertaces, but see Eritton o∣therwise, fol. 91. b. It is compounded of three Saxon words (out, i. extra) (fang, i. capto vel captus) and (Thef, i. fur.) It is used in the common law, for a liberty or a privilege, whereby a Lord is inabled to call any man dwelling within his own fee, and taken for fe∣lony in any other place, and to judge him in his own Court. Rastals expos. of words.

Oenliy of services. is an equality when the Tenent paravail oweth as much to the mesn, as the mesn doth to the Lord paramont. Fitz. nat. br. folio 136. A. B.

Outlawry (utlagaria) is the losse or depri∣vation of the benefit belonging to a subject: that is, of the Kings protection and the Realm. Bractor, lib. 3. tract. 2. cap. 11. num. pri. & nu. 3. Forisfacit utlagatus omnia quae pacis sunt: Quia à tempore quo utlagatus est, caput gerit lu∣pinum, ita quòd ab ••mnibus intersici possit & impunè: maximè si se defenderit, velfuge∣rit, ita quòd difficilis sit ejus captio, & nu. 4. Si autem non fugerit, necse defenderit cùm cap∣tus fuerit: extunc erit in manu domini Regis mors, & vita, & qui taliter captum interfecerit, respondebit pro co sicut pro alio, v. c.

Outparters anno 9 H. 5. cap. 8. seemeth to be a kind of theeves in Ridesdall, that ride a∣broad at their best advantage, to fetch in such cattell or other things, as they could light on without that liberty: some are of opinion, that those which in the fore-named Statute are termed out-parties, are at this day called out∣putters, and are such as set matches for the robbing of any man or house: as by discove∣ring which way he rideth or goeth, or where the house is weakest and fittest to be entered. See Intakers.

Outryders, seem to be none other but Bay∣liffs errants, employed by the Sheriffs or their fermers to ride to the farthest places of their Counties or Hundreds, with the more speed to summon to their County or Hundred Courts such as they thought good to work upon, anno 14. Edw. 3. stat. 1. ca. 9.

OX

Oxgang of land (bovata terrae) Six Ox∣gangs of land, seem to be so much as six oxen will plough. Cromptons Jurisd. fol. 220. but an oxegang seemeth properly to be spoken of such land as lieth in gainour, Old. nat. br. fol. 117. M. Skene de verb. signif. (verbo Bovata terrae) saith, that an oxen gate of land should alway contain 13. acres, and that 4. oxen∣gates extendeth to a pound land of old extent. See Librata terrae.

OY

Oyer and Terminer, (audiendo & termi∣nando) in true French (Ovir & terminer) is, in the intendment of our Law, a Commission especially granted to certain men, for the hea∣ring and determining of one or more causes. This was wont to be in use upon some sodain outrage or insurrection in any place. Cromp∣tons jurisd. fol. 131, & 132. See The Sta∣tute of Westm. 2. cap. 29. anno 13. Edv. 1. who might grant this commission. And see Fitz∣herb. nat. br. fol. 100. for the form and occa∣sion of the writ, as also to whom it is to be granted, and whom not. See Broke, titulo, Oyer & determiner.

Oyer de Record (Audire Recordium) is a pe∣tition made in Court, that the Iudges for bet∣ter proofs sake, will be pleased to hear or look upon any Record.

P

PA

PAcking whites. anno 1. R. 3. cap. 8.

Pain fort & dur (paena fortis & dura) is in true French (peine fort & dure.) It signi∣fieth in our common Law, an especiall punish∣ment for those, that being arraigned of felo∣ny, refuse to put themselves upon the ordinary try all of God and the Country, and thereby are mute, or as mute in interpretation of law. This (as Stawnf. thinketh pl. cor. lib. 2. cap. 60.) is founded upon the Statute of Westm. prim. ca. 12. anno 3. Ed. prim. His reason is, because Bracton, who writ before that Parliament, maketh no mention of it: and Britton writeth after that time, touching it in his 4. chapter, fol. 11. viz. in words to this effect: If they will not acquit themselves, let them be put to their penance untill such time as they doe desire tryall, and let the penance be such: viz. Let them be bare legged, without girdle, and without hat or cap, in their coat only, and lie in prison upon the naked earth day and night. And let them eat no bread, but of bar∣ly and brand, nor drink any other than water, and that upon that day when they cat not.

And let them be chained. Stawnford in his said 60. chapter of his second book, expoundeth it more plainly and particularly in this sort. And note, that this strong and hard pain shall be such: sc. He shall be sent back to the prison whence he came, and layed in some lowe dark house, where he shall lie naked upon the earth, without any litter, rushes, or other cloathing, and without any rayment about him, but only something to cover his privie members. And he shall lie upon his back with his head cove∣red and his feet. And one arme shall be drawn to one quarter of the house with a cord, and the other arme to another quarter: and in the same manner let it be done with his leggs: and let there be laid upon his body iron and stone, so much as he may bear, or more: and the next day following, hee shall have three morsells of barley bread without drink: and the second day he shall have drink three times: and as much at each time, as he can drink, of the water next unto the prison door, except it be running water, without any bread. And this shall be his dyet untill he die.

Palatin. See County Palatin. See Cassan, de consuctud. Burg. pag. 14.

Palingman, anno 11. Henr. 7. cap. 22.

Panell (panellum) cometh of the French (panne, i. pellis, or paneau) a piece or pain, as wee call it in English. It signifieth in our com∣mon law, a shedule or rolle, containing the names of such Iurors, as the Shyreeve provi∣deth to passe upon any triall. Register orig. fol. 223. a. Kitchin, fol. 266. See Broke hoc ti∣tulo. And thereupon the empannelling of a Iury, is nothing but the entering of them into the Shyreeves rolle or book.

Paunage (pannagium) is a tolle or contri∣bution. Fitz. nat. br. fol. 227. D. See Paw∣nage.

Parramounte, aliâs peremounte, cometh of these two French words (par, i. per) and (Monter, i. ascendere) It signifieth in our law, the highest Lord of the fee: for there may be a Tenant to a Lord, that holdeth over of 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. 289) consisteth only in comparison; as one man may be great being compared with a lesser, and little being compared with a grea∣ter: and as Genus among Logicians, may be in divers respects both genus, & species. Fitzh. nat. br. fol. 135. M. So that none seemeth simply to be Lord paramount, but only the King, as Genus summum is simply Genus. For the King is Patron paramount to all the benefi∣ces in England, Doctor and student, ca. 36. See Paravaile, Maner, and Fee.

Paravail alias Peravaile, is compounded of two French words (par, i. per) and (aveller, i. dimitteree, demittere.) It signifieth in our common Law, the lowest Tenant, or him that is tenant to one who holdeth his fee over of a∣nother. So is it used, pl. cor. fol. 197. & Fitzh. nat. br. fol. 135 M. See Paramounte. See Mesn.

Parcellmakers, are two officers in the es∣chequer, that make the parcells of the eschea∣tors accompts, wherein they charge them with every thing they have levyed for the Kings use, within the time of their office, and deliver the same to one of the Auditors of the court, to make an accompt of the escheator thereof.

Parceners. See Coparceners.

Parcinarie (participatio) cometh of the French (partir, i. dividuum facere. It signi∣fieth in our common Law, a holding or occu∣pying of land by more pro indiviso, or by joynt tenants, otherwise called Coparceners, of the French (parsonier, i. parciarius, particeps.) For if they refuse to divide their common inheri∣tance, and chuse rather to hold it joyntly, they are said to hold in parcinarie. Litl. fol. 56. & 57. This by the Feudists and Lombards is ter∣med (adaequatio, vel paragium) And among the ancient Romans, particulones, sic enim anthore Nonio, à veteribus cohaeredes inter se di∣cebantur, quod paries invicem facerent. Spige∣lius.

Pardon (pardonatio) is a French word, sig∣nifying as much as pax, venia, gratia. It is u∣sed most notoriously in our common Law, for the remitting or forgiving of a felonious or other offence committed against the King: This pardon is two-fold: one ex gratia Regis, the other, per cours de ley, by course of law. Stawnf. pl. cor. fol. 47. Pardon ex gratia Re∣gis, is that, which the King in some speciall re∣gard of the person or other circumstance, sheweth or affordeth upon his absolute prero∣gative or power. Pardon by course of Law, is that which the law in equity affordeth, for a light offence, as homicide casuall, when one killeth a man having no such meaning, Westm. parte 2. symbel. titulo, Inditements. sect. 46. Of this see the new book of Entries, verba Pardon.

Pardoners, anno 22 H. 8. c. 12. were certain fellowes that carryed about the Popes Indul∣gences, and sold them to such as would buy them, against whom Luther, by Sleydans re∣port, incensed the people of Germany, in his time exhorting them, ne merees tam viles tanti∣emerent.

Park (parcus) cometh of the French (par∣quer, i vallo, vel fossa cicundare.) It signifieth with us, a piece of ground inclosed and stored with wild beasts of chase. Which a man may have by prescription or the Kings grant. Cromptons Jurisd. fol. 148. M. Manwood par∣te pri. of his Forest laws, pag. 148. defineth it thus: A park is a place for privilege for wild beasts of venery, and also for other wild beasts, that are beasts of the Forest, and of the chase, tam sylvestres, quam campestres. And all those wild beasts are to have a firm peace and protection there. So that no man may hurt or chase them within the park without li∣cense of the owner of the same. Who also fol. 149. saith thus: A park is of a∣nother nature, than either a chase or a warren is. For a park must be inclosed, and may not lie open: for if it doe, that is a good cause of seisure of the same into the hands of the King, as a thing forfeited, as a free chase is, if it be inclosed. And moreover, the owner cannot have an action against such as hunt in his park, if it lie open. See Forest, See Chase, See War∣ren. This word Park, Baldwinus deriveth à paradiso, enmque locum esse dicit, in quo varia animalia ad usum voluptatis, aut venationis in∣cluduntur & possidentur, adempta naturali li∣bertate. Adtis. de rerum divis. in Institutio∣nib.

Parco fracto, is a writ which lyeth against him, that violently breaketh a Pound, and ta∣keth out beasts thence, which, for some trespasse done upon another mans ground, are law∣fully impounded. Register original. fol. 166. Fitzh. nat. br. fol. 100.

Parish (parochia) cometh of the greek (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i Accolarnm conventus, accolaius, sacra vicinia) it is used in the Canon law, some∣time for a Bishoprick. But in our common Law it signifieth the particular charge of a secular Priest. For every Church is either Cathedrall, Coven nal, or parochiall. Cathedrall is that, where there is a Bishop seated, so called à Cathe∣dra: Coventual, consisteth of Regular Clerks, professing some order of religion, or of Deane & chapter, or other college of spiritual men. Parochial is that which is instituted for the say∣ingof divine Service, & ministring the holy Sa∣craments to the people dwelling within a cer∣tain compass of ground neer unto it. Our Realm was first divided into Parishes by Honorius Archb. of Canterbury, in the year of our Lord 636. Cambd. Britan. pag. 104. Of these Parish Churches, I find there were in England in the dayes of H. 8. the number of 45000 Hotoman in his disputations de feudis, cap. 2. maketh mention of this word (parochia) out of Pomponius Letus in these words. Nam sic quo{que} Pomponins Letus ve••e••em consuetudinem fuisse scribit, eamque ab Imperatore Constantino repetitam, ut Ducibus, praefectis, tribunis qui pro augendo Imperio consenuerant, darentur a∣gri, vill••que, at necessaria suppeterent, quoad viverent, quas parochias vocabant And a little after: verum inter feuda et parochias hoc interest, quod kae pl••rumque senthus et veteranis, pleris∣que emeritae militiae dabantur, qui cum de Rep. bene meriti essent, publico beneficio reliquum vitae sustentabant: aut si quod bellum uascere∣tur, evocari non tam milites, quam magistr mi∣litum viderentur. Feuda vero plurimum Ju∣venibus robustis & primo flore aetatis, qui mili∣tiae munus sustinere poterant, imovero & ut pos∣sent & ut vellent, &c.

Parlament (parlamentum) is a French word signifying originally as much as (Collocutio) or (colloquium) but by use, it is also taken for those high Courts of Justice throughour the Kingdome of Frauce, where mens causes and differences are publickly determined without farther appeal. Whereof there be seven in number: as Paris, Tolouse, Gresnoble in Daul∣phine, Aix in Provence, Bordeaux, Dijon in Bourgogn, and Roan in Normandy. Vincen∣tius Lupanus de Magist. Franc. lib. 2. cap. Parlamentum, num, 28. whereunto Gerard de Hailon addeth the eighth, viz. Rhenes in Bret∣tagne.

In England we use it for the assembly of the King and the 3 Estates of the Realm, viz. the Lords Spiritual, the Lords temporal, and Com∣mons, for the debating of matters touching the Common-wealth, and especially the ma∣king and correcting of Laws, which assembly or Court is of all other the highest, and of greatest authority, as you may read in Sir Thom. Smith. de Repub. Auglo. l. c. 1. & 2. Camd. Britan. pag. 112. and Crompions Jurisd. fol. pri. & seq. The institution of this Court Polydor Virgil, lib. 11. of his Chronicles, re∣ferreth after a fort to Henry the first: yet con∣fessing that it was used before, though very seldome. I find in the former Prologue of Grand Customary of Normandy, that the Normans used the same means in making their Lawes. And I have seen a Monument of Antiquity, shewing the manner of holding this Parlament in the the time of King Edward the sonne of King Ethelred, which (as my note saith) was delivered by the descreeter sort of the Realm unto William the Conquerour, at his commandement, and allowed by him. This writing beginneth thus. Rex est caput, princi∣pium, & finis parlamenti, & ita non habet pa∣rem in suo gradu. Et sic ex rege solo primus

gradus est. Secundus gradus est ex Archievis∣capis, Episcopis, Abbatibus, Prioribus per Ba∣voniam tenentibus. Tertius gradus est, de pro∣curatoribus cleri. Qu••rtus gradus est de Co∣mitibus, Baronibus, & al is Magnatibus. Quin∣tus gradus est de militibus Comitatuum. Sex∣tus gradus est de civibus & Burgensibus: & ita est Parlamentum ex sex gradibus; sed sciendum∣l cet aliquis dictorum quinque graduum post Regem absens fuerit, dum tamen omnes praemoni∣ti fuerint per rationabiles summonitiones, parla∣mentum nihilo minus censetur esse plenum. Touching the great authority of this Court, I find in Stowes Annals, pag. 660. that Henry the sixth directing his privy seal to Richard Earl of Warwick, thereby to discharge him of the Captainship of Callis, the Earl refused to obey the Privie Seal, and continued forth the said office, because he received it by Par∣liament. But one example cannot make good a doctrine. And of these two one must needs bee true, that either the King is above the Par∣liament, that is, the positive lawes of his Kingdome, or else that he is not an absolute King, Aristotle lib. 3. Politico. c. 16. Andthere∣fore though it be a merciful policy and also a politique mercy (not alterable without great peril) to make lawes by the consent of the whole Realm, because so no one part shall have cause to complain of a partiality: yet simply to bind the Prince to or by these lawes, were repugnant to the nature and constitution of an absolute monarchy. See Bracton, lib. 5. tract. 3. cap. 3. num. 3. and Cassan de con∣suet. Burg. pag. 335. and Tiraquel. in his book De Nobilitate cap. 20. pag. 68. num. 26. See the Statute anno 31 Henr. 8. cap. 8. in proaemio, and many excellent men more, that handle this point. That learned Hottoman in his Francogallia, doth vehemently oppugn this ground, as some other that write in corners: but he is so clean overbern by the pois of rea∣son, that not only many meaner men for Lear∣ning triumph over him in this case, but himself, as I have credibly heard, upon the sight of his fault, cryed God and the world mercy for his offence in writing that erroneous and sedi∣tious book. The Emperours of Rome had their semestria consilia, and their praetorium or place of Councel bailded by Augustus in his palace, and thereupon called (palatinm) af∣terward termed (Consistorium) where they, as in their principull court, did both deter∣mine the greatest sort of their causes, and also made their constitutions. And here had they assisting them many of the wisest of their Em∣pire, whom Augustus first called (Consiliari∣os) Alexander Severus afterward (scriniorum principes) others after that (palatinos) and then (comites consistorianos) And these men in this respect, were indued with great honour, and enjoyed many privilege. Yet were but the assistants to the Emperour to advise him, not chalenging any power over him, or equal with him. More touching the course and order of this Parliament, see in Cromptons Jurisd. fol. pri. & se{que} and Vowel alias Hocker, in his book purposely written of this matter. See King.

Parole (Loquela) is a French word, signi∣fying as much as (Dictio, allocutio, sermo, vox,) It is used in Kitchin, fol. 193. for a plea in Court. It is also sometime joyned with lease, as Lease parol, that is, Lease per parole, a lease by word of mouth.

Parson (Parsona) cometh of the French (Personne) It peculiarly signifieth with us the Rector of a Church: the reason whereof seemeth to bee, because he for his time repre∣senteth the Church, and sustaineth the person thereof, as well in suing as being sued in any action touching the same. See Fleta, l. 9. ca. 18. Parson imp rsonee (parsona impersonata) is he that is in possession of a Church, whether appropriated or not appropriated, for in the new book of Entries, ver. Ayde in Annuity, you have these words, Et praedictus A. dicit, quod ip∣se est persona praedicta Ecclesiae de Simpersonata in eidem ad praesent a••ionem F. patronissae, &c. So I have reason to think, that persona is the patron, or he that hath right to give the Be∣nefice, by reason that before the Lateran Councill he had right to the tithes, in respect of his liberality used in the erection or endow∣ment of the Church, quasi sustineret personam Ecclesiae, and hee persona impersonata, to whom the benefice is given in the Patrons right. For I read in the Register judicial, per∣sonam impersonatam, for the Rector of a be∣nefice presentative and not appropriated, fol. 34. b. and see Dyer fol. 40. num. 72. where he saith, that a Dean & Chapter, be persons imper∣sonees of a benefice appropriated unto them, who also fol. 221. num. 19. plainly sheweth, that persena impersonata is he that is inducted, and in possession of a Benefice. So that per∣sona seemeth to be termed impersonata, only in respect of the possession that he hath of the benefice of Rectory, be it appropriated or o∣therwise by the act of another. And yet I have talked with men of good opinion in the com∣mon Law, that hold only the proprietary of a benefice to be the person personee. But if that were true, he should rather be called person parsonnier, i. partiarius vel particeps fructuum, because the Vicar hath some part toward his paines in serving the cure. For (parsonnier)

in the French tongue, is (partiarius) or (parti∣ceps.)

Partes finis nihil habuerunt, &c. is an excep∣tion taken against a fine levied. Cooks reports lib. 3. the case of fines fol. 88. a. b.

Parters of gold and silver. See Finours

Partitione facienda, is a writ that lieth for those, which hold lands or tenements pro indi∣viso, and would sever to every one his part, a∣gainst him or them that refuse to joyn in par∣tition as Coparceners and Tenents in Gavell kind, Old. nat. br. fol. 142. Fitzh. nat. br. fol. 61. Register orig. fol. 76.316. and Register judiciall fol. 80. and the new book of Entries, verbo partition.

Partlet, seemeth to be some part of a mans attire, as namely, some loose collar of a dublet, to be set on or taken off by it self, without the bodies, as mens bands or womens neckerchiefs be, which are in some places, or at least have been within memory, called partlets. This word is read in the Statute, anno 24 H. 8. ca. 13. and seemeth to be a dimunitive of the word (part.)

Parvo nocumento is a writ. See Nusance.

Passage (passagium) is a french word sig∣nifying transitum, tranfitionem, meatum. It signifyeth in our common Law, the hire that a man payeth for being transported over sea, anno 4. Ed. 3. cap. 7. or over any river, West. 2. cap. 25. anno 13 Ed. pri.

Passagio, is a writ to the keepers of ports, to let a man passe over, that hath license of the King, Register original. fol. 193. b. 194. a.

Passeport is compounded of two French words (Passer) i, perambulare transire) and (port) i. portus) It signifyeth with us, a li∣cence made by any that hath authority, for the lafe passage of any man from one place to another. anno 2. Ed. 6. ca. 2.

Pasuage, pasuagium. See Paunage.

Patent (literae patentes) is different from a writ, Cromptons Jurisd. fol. 126. The Coro∣ner is made by writ, and not by patent. See Letters patents. See also Literae patentes in the table of the Register, where you shall find the form of divers patents.

Patron (Patronus) is used in the Civil Law, for him that hath manumitted a servant, and thereby is both justly accompted his great benefactor, and challengeth certain reverence and duty of him during his life: see the title De jure patronatus, in the Digist: with the Feudists it is used pro authore feudi. Hotom. verbo Patronus, in his commentary de verbis feudal. In the canon Law, as also in the feuds, and our common Law, It fignifyeth him that hath the gift of a benefice. And the reason is, because the gift of Churches and benefices ori∣ginally belonged unto such good men, as ei∣ther builded them, or else endowed them with some great p••rt of the revenew belonging unto them. De jure patronatus in the Decretals. Such might well be called Patrons, as builded the Church, or inriched it: but these that now have the gift of a benefice, are more coramon∣ly patronized by the Church, though against her will, alwayes selling their presentations as deerly as they can: and therefore may be cal∣led Patroni a patrocinando, as Mons à movendo. Patronum faciunt dos, aedificatio, fundus, saith the old verse. Of lay patrons one writeth thus, Quod autem a supremis pontificibus proditum est, (ca. cùm dilectus, extra de jure patronatus) la∣icos babere praesentandi clericos Ordinariis: hoc singulari favore sustinetur, ut allectentur laici, invitentur, & inducantur ad constructionem ec∣clesiarum (c. quoniam. codem) Nec omni ex parte j••s patronatns spitituale censert debes. sed temporale potius spirituali annexum (glos. in c. piae mentis, 16. qu. 7.) These be Corasius words in his paraphrase ad sacerdotiorum mate∣riam, parte pri. cap. 2. & parte 4. cap. 6. in principio, hee thus writeth of the same matter. Patroni in jure Pontificio dicuntur qui alicujus ecclesiae extruendae, ant alterius cujuscunque fundationis ecclesiasticae authores fuerunt, ideo∣que praesentandi & offerendi clericum jus habent, quem ecclesiae vacanti praeesse, & in ea collatis teditibus frui velint. Acquirunt autem hic jus, qui de Episcopi consensu vel fundant ecclesiam, hoc est, locum in quo templum extruitur, assig∣nant, vel ecclesiam aedificant, vel etiam constru∣ctas ecclesias ante consecrationem dotant, ut non valde sit obscuruw, jus patronatus quo de agi∣mus, finire, jus esse praesentandi clericum ad ec∣clesiam vacantem ex gratia ei concessum, qui consentiente Episcopo, vel construxit, vel dot a∣vit ecelesiam.

Pannage (Pannagium, alias pasnagium) or (pennagium) as it is latined (in pupilla oculi) may be probablythought to come of the French (panez) or (panets) which is a root somthing like a parsnep, but somewhat lesse and ranker in taste, which hogs in France feed upon, though it be eaten by men also; and the French may seem to come of the Latine (pani∣cium) i. that which men use in the stead of bread (Isidorus) or (panicium) of the French. It signifieth in our common Law, the money taken by the Agistors for the feed of hoggs with the mast of the Kings forest. Cromp. Jurisd. fol. 165. West. 2. cap. 25. anno 13. Ed. prl. with whom M. Manwood parte pri. of his forest lawes, agteeth in these words: A∣gistment

is properly the common of herbage of any kind of ground or land, or woods, or the money due for the same: and pawnage is most properly the mast of the woods, or lands, or hedge-rowes, or the money due to the ow∣ner of the same for it. But this learned man in his second part, cap. 12. where hee writeth at large of this, deriveth the word from the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 at the which (I think) he smiled himself when he set it down. Linwood defineth it thus: Pannagium est pastus pecorum in nemoribus et in sylvis, utpote de glandibus & aliis fructibus arborum sylvestrium, quarum fructus aliter non solent colligi. titulo de deci∣mis. cap. sancta, verb. Pannagiis. M. Skenede verborum signif. calleth it pannagium, and de∣fineth it to be the duty given to the King for the pasturage of swine in the forest. The french word for this same thing is (panage) or (glandee) i. glandatio vel glandium collectio, et pastio suum ex glandibus. And wee surely take it from the French; whence they had it, or what etoymolgie they make of it, let them∣selves look.

PE

Peace (pax) in the generall signification is opposite to war or strife. But particularly it signifyeth with us, a quiet and harmlesse cari∣age, or behaviour toward the King and his People. Lamberd eirenarcha. li. 1. cap. 2. pa. 7. And this is one way provided for all men by oath, as you may read in Franck pledge, but more especially in case, where one particu∣lar man, or some few go in danger of harm from some other. For upon his oath made thereof before a Justice of peace, he must be secured by good bond. See Lamb. eirenarcha. lib. 2. ca. 2. pag. 77. See also Cromptons Just∣ice of peace, fol. 118. b. &c. us{que} f. 129. This among the Civilians is called cautio de non offendendo. Gail de pace publ. lib. pri. ca. 2. nu. 1.

Peace of God and the Church, (pax Dei & ecclesiae) is anciently used for that rest which the Kings subjects had from trouble and sute of law, between the terms, See Vacation.

Peace of the King, anno 6. R. 2. stat. pri. ca. 13. is that peace and security both for life and goods, which the King promiseth to all his Subjects or others taken to his protection. See Sute of the Kings peace. This point of po∣licy seemeth to have been borrowed by us from the Feudists, for in the second book of the seuds, there is a chapter viz. 53. chapter inti∣tuled thus. De pace tenenda inter subditos, et juramento firmanda, et vindicanda, et de pae∣na judictbus opposit a qui eum vindicare et justi∣tiam facere neglexerint, the contents of which chapter is a Constitution of Frederick the first, as Hotoman there proveth, expounding it very learnedly and like himself. Of this Kings peace, Roger Hoveden setteth down divers branches, parte poster. suorum annalium, in H. 2. fol. 144. a. b. and fol. 430. b. he mentio∣neth a form of an oath which Hubert Arch∣bishop of Canterbury, and chief Iustice of Eng∣land in R. the first his daies, sent through the whole realm, to be taken by the Kings subjects. See Deciners. See Surety of peace. There is al∣so the peace of the Church, for which see San∣ctuary. And the peace of the Kings highway which is the immunity that the Kings highway hath, from all annoyance or molestation. See watlin street. The peace of the plow, whereby the plow and plow cattel are secured from di∣stresses. For which, see Fitz. nat. br. fol. 90. A. B. So Fayres may be said to have their peace, because no man may in them be trou∣bled for any debt elsewhere contracted. See Fayre.

Pedage (pedaginm) signifieth money given for the passing by foot or horse through any countrey. Extra de Censibus, ca. Innovamus. I read not this word in any English writer, but only the author of the book called pupilla occuli parte 9. ca. 7. A. D. I. I think we rather use passage for it. Pedagia dicuntur quae dan∣tur à transeuntibus in locum constitutum à principe. Et capiens pedagium debet dare sal∣vum conductum, et territorium ejus tenere secu∣rum. Baldus in usibus Feudorum, de pa. jura fir. sect. Conventionales. Cassan. de consuetud. Burg. pa. 118. hath these words, Pedaginm à pe∣de dictum est, quòd à transeuntibus solvitur, &c.

Peere (pila) seemeth properly to be a for∣tresse made against the force of the sea, for the better security of ship, that lye at harbour in any haven. So is the peer of Dover described in M. Camd. Bris. pag. 259 in meo.

Peeres (pares) commeth of the French (per, i. par) It signifieth in our common Law, plural∣ly those, that are empaneled in an Enquest, up∣pon any man for the convicting and clearing him of any offence, for the which he his called in question. And the reason thereof is, because the course and custome of our nation is, to trie every man in this case by his equals. West. pri. cap. 6. anno 3. Edw. prim. So Kitchin useth it fol. 78. in these words Mais fi le amercia∣ment soit assirre per pares. And this word in this signification, is not in use with us only, but with other nations also. For pares sunt con∣vasalli, quorum sententi•• vasallus propter felo-xiam est condemnatus. Barklaius de Regno, lib. 4. cap. 2. Fit pares sunt qui ab ecdem domino feu∣dum tenent, lib. prim. Feudor. cap. 26. But this word is most notoriously used for those

that be of the Nobility of the Realm, & Lords of the Parliament, and so it is used in Stawnf. pl. of the Crown, lib. 3. cap. Trial per les Peeres, being the first. The reason whereof is, because though there be a distinction of de∣grees in our Nobility, yet in all publike acti∣ons, they are equal: as in their voices in Par∣liament, and in passing upon the triall of any Noble man, &c. This appellation seemeth to be borrowed from Fraunce, and from those twelve Peeres, that Charles the Great (or Lewis the younger, in some mens opinion) in∣stituted in that kingdome, which be next unto the King, and are of like dignity among them∣selves touching their power in publike affairs. Or whom you may read Vincentius Lupanus de magist. Francia, lib. 1. cap. Pares Franciae. So that wee, though wee have borrowed the ap∣pellation, and applyed it with some reason to all that are Lords of the Parlament, yet we have no set number of them, because the num∣ber of our Nobles, may be more or lesse, as it pleaseth the King.

Pelota, is a word used in the book called (pupilla oculi) parte 5. ca. 22. signifying the ball of the foot, of the French (pelote) i. pila.

Pein fort & dure. See Pain fort et du∣re.

Pelt wool, is the woll pulled off the skinne or pelt of dead sheep, anno 8 H. 6. cap 22.

Penon, anno 11 R. 2. cap. prim. is a Stand∣ard, Banner or Ensigne, carried in warr. It is borrowed from Fraunce: for pennon in the French language signifyeth the same thing. See Baronet: yee read this word, anno 11. R. ca. 1.

Penue: See Baye.

Peper (Piper) is a spice known in a man∣ner to every child, being the fruit of a plant, that is between a tree and a herb: of whose diversities and nature you may read Gerards herball, lib. 3. cap. 146. This is set among merchandize that are to be garbled. anno 1. Jacob. cap. 9.

Peper lowse, anno 32. H. 8. cap. 14.

Per, cui, & post. See Entrie.

Perambulatione facienda, is a writ that is sued out by two or more Lords of Maners, ly∣ing neer one another, and consenting to have their bounds severally known. It is directed to the Shyreeve, commanding him to make perambulation, and to set down their certain limits between them. Of this read more at large in Fitz. nat. br. fol. 133. See Rationali∣bus divisis. See the Regist. orig. fol. 157. and the new book of Entries, verbo, Perambulatio∣ne facienda.

Perche (pertica) is a French word. signify∣ing a long pole. It is used with us for a rod or Pole of sixteen foot and a half in length. Whereof Fourty in length, and four in breath make an acre of ground. Cromptons Jurisdict. fol. 222. Yet by the custom of the country it may be longer, as he there saith. For in the Forest of Sherwood it is 25. foot, fol. 224. M. Skene de verbor. signif. verbo, Particata terrae, saith, that particata terrae is a Rood of land: where he hath also these words in effect: Three beer corns without tails set together in length, make an inch: of the which corns one should be taken off the middle ridge, another of the side of the ridge, another of the furrow. Twelve inches make a foot of measure: three foot and an inch make an elne; six elnes long make one fall, which is the common lineal mea∣sure, and six elnes long, and six broad, make a square and superficiall fall of measured land. And it is to be understood, that one rod, one raip, one lineall fall of measure, are all one, for each one of them containeth six elnes in length. Howbeir, a rod is a staff or pole of wood, a rasp is made of tow or hemp. And so much land as fall thunder the rod or raip at once, is called a fall of measure, or a lineal fall: because it is the measure of the line or length only, Like as the superficiall fall is the measure both of length and bredth. Item, ten falls in length, and four in breadth, make a Rood; four Roods make and acre, &c. This is the measure of Scotland, whereof you may read more in the same place.

Perdonatio utlagariae, in the Register judi∣ciall, fol. 28. is the form of pardon for him, that for not comming to the Kings court is out-lawed, and afterwards of his own accord yeeldeth himself to prison.

Peremptory (peremptorius) commeth of the verb (perimere) to cut off, and joyned with a substantive (as action or exception) signifyeth a finall and determinate act without hope of renewing. So Fitzh. calleth a peremtory a∣ction, nat. br. fol. 35. P. fol. 38. M. fol. 104. O. Q R. fol. 108. D. G. and non-sute perempto∣ry. idem eodem, fol. 5. N. F. fol. 11. A peremp∣tory exception. Bracton li. 4. cap. 20. Smith derep. Anglorum, li. 2. cap. 13. calleth that a preremptory acception, which can make the state and an issue in a cause.

Perinde valere, is a dispensation graunted to a Clerk, that being defective in his capaci∣ty to a benefice or other ecclesiastical functi∣on, is de facto admitted unto it. And it hath the appellation of the words which make the faculty as effectual to the party dispensed with, as if he had been actually capable of the thing

for which he is dispensed with at the time. of his admission.

Perkins was a learned Lawyer. fellow and bencher of the inner Temple, that lived in the daies of Edw. the 6. and Queen Mary. He wrote a book upon divers points of the com∣mon Law of very great commendation.

Permutatione Archidiaconatus & ecclesiae ei∣dem annexe, cum ecclesia et praebenda, is a writ to an Ordinary commanding him to admit a clerk to a benefice upon exchange made with another Regist. orig. fol. 307. a.

Pernour of profits cometh of the French verb. (prendere. i. acciper••) and signifieth him that taketh: as pernour of profits, anno 1 H. 7 ca. pri. Pernour de prosits, et cesti que use is all one, Coke, li. i. casu Chu••ley. fol. 123. a. See Per∣nour, anno 21. R. 2. ca. 15.

Per quae ervitia is a writ judicial issuing from the note of a fine, and lyeth for the cognizee of a maner, seignory, chief rent, or other services to compell him that is tenant of the land at the time of the note of the fine le∣vyed, to atturn unto him. West parte 2. sym∣bol. titulo Fines-Sect. 126. To the same effect speaketh the old. nat. br. fol. 155. See also the new book of Entries. verbo per quae ser∣vitia.

Perquesite (perquesitum) signifyeth in Bra∣cton, any thing purchased, as per quisitum face∣re. lib. 2. cap. 30. numb. 3. & lib. 4. cap. 22. perquisites of court, be those profits that grow unto the Lord of a maner, by vertue of his Court Baron, over and above the certain and yearly profits of his land, as escheats, mariages, goods purchased by villeins, fines of copie holds, and such like. New Termes of the Law.

Person. See Parson.

Personable, signifyeth as much as inhabled to hold or maintain plee in a court. For ex∣ample: the demaundant was judged persona∣bly to maintain this action. Old. nat. br. fol. 142. and in Kitchin fol. 214. The tenent plea∣ded that the wife was an alien born in Portin∣gall without the ligeance of the King, and judgement was asked whether she would be answered. The Plaintiff saith: she was made personable by Parliament, that is, as the Civi∣lians would speak it, habere personam standi in judicio. Personable is also as much as to be of capacity to take any thing granted or given. Plowden, casu Colthirst. fol. 27. b.

Personal (personalis) hath in our common Law, one strange signification, being joyned with the substantive, things, goods, or Chatels: as things personal, goods personal, Chatels personal, for thus it signifieth any corporeal, and moveable thing belonging to any man, be it quick or dead. So it is used in Westm. par. 2. symbol. titulo Inditements, sect. 58. in these words. Theft is an unlawfull fellonious taking away another mans moveable personal goods. And again, fol. 61. Larcency is a felonious ta∣king away of anothers mans moveable perso∣nall goods; and Kitchin fol. 139. in these words: Where personal things shall be given to corporation: as a horse, a cow, an oxe, sheep, hogs, or other goods, &c. and Stawn∣ford pl. cor. fol. 25. Contrectatio rei alienae, is to be understood of things personal: for in things real it is not felony, as the cutting of a tree is not fellony. The reason of this appli∣cation, see Chattel.

Personalty (personalitas) is an abstract of personall. The action is in the personalty, old. nat. br. fol 92. that is to say, brought a∣gainst the right person, or the person against whom in law it lyeth. I find these contrary words (Personalitas & impersonalitas) in the Author of the book called vocabularius utrius∣{que} juris: as for example, Personalitas signifi∣catur per has dictiones, tu, mihi, ego, tibt, cum alio significato quod probbialiter oencluditur: & si nullo modo concludatur, tunc est impersonalt∣tas, quia actum vitiat, pront ratio dictat, ver∣bi gratia. ego stipulor: constituis te mihi sclutu∣rum debitum à Titio mihi debitum. Tu respon∣des, Satisfiet. Haec impersonalitas non contra∣hit obligationem.

Persons ne Praebendaries ne seront, charges as quinsimes, &c. is a writ that lieth for pre∣bendaries or other spiritual persons, being di∣streined by the shyreeve, or collectors of fif∣teenths, for the fifteenth of their goods, or to be contributory to taxes. Fitzh. nat. br. fol. 176.

Pestarable wares, seem to be such ware, as pester and take up much room in a shipp, anno 32. H. 8. cap 14.

Peter pence (Denarii Sancti Petri) other∣wise called in the Saxon tongue Romefeoh. i. the fee of Rome, or due to Rome, and also Ro∣mescot and Rome penning, was a tribute given by ••n as King of the West Saxons being in pil∣grimage at Rome, in the year of our Lord 720. which was a penny for every house. Lamberds explication of Saxon words verbo Numus. whom see also fol. 128. in St. Edw. Laws nu. 10. where it is thus written. Omnes qui habent 30. denariatus vivae pecuniae in domo sua de suo proprio, Anglorum lege dabit denarium Sancti Petri & lege Danorum, dimidiam markam: Iste vero, denarius debet summoniri in solemni∣tate Apostolorum Petri et Pauli•••• et colligi ad festivitatem, quae dicitur ad vincula: ita ut ultra

illum diem non detineatur. Si quispiam detinue∣rit, ad Justiciam Regis clamor deferatur, quo∣niam denarius hic Regis eleemozyna est, Justi∣cia vero faciat denarium reddere, & forisfactu∣ram Episcopi et Regis. Quòd si quis domos plures habueris, de illa, ubi residens fuerit in festo Apostolorum Petri et Pauli denarium red∣dat. See also King Edgars lawes, fol. 78. ca. 4. which containeth a sharp constitution touching this matter. Stow. in his Annals, pag. 67. saith, that he that had 20. penniworth of goods of one manner cattel in his house, of his own proper, was to give a penny at Lam∣mas yearly. See Romescot.

Petit Cape. See Cape.

Petit Larceny (parvum latrocinium) See Larceny.

Petit treason (parva traditio) in true French is (petit trabizon, i. proditio minor) treason in a lesser or lower kind. For where∣as treason in the highest kind, is an offence done against the security of the common wealth, Westm. parte. 2. symb. titulo Indite∣ment, sect. 63. petit treason is of this nature, though not so expresly as the other. Exam∣ples of petit treason you shall find to be these: if a servant kill his Master, a wife her husband, a secular or religious man his prelat, anno 25. Edw. 3. cap. 2. Whereof see more in Stawn. pl. cor. lib. 1. cap. 2. See also Cromptons Justice of peace, fol. 2. where he addeth divers other examples to those of Stawnford. For the pu∣nishment of petit treason, see the Statute an. 22. H. 8. cap. 14. and Crompton ubisupra.

Petition (petitio) hath a general significati∣on for all intreaties made by an inferiour to a superiour, and especially to one having juris∣diction. But most especially it is used for that remedie, which the subject hath to help a wrong done, or pretended to be done by the King. For the King hath it by prerogrative, that he may not be sued upon a writ. Stawn. praer. cap. 15. whom also read cap. 22. And a petition in this case is either general, or spe∣cial. It is called generall, of the general con∣clusion set down in the same, viz. que le Roy lui face droit et reison, that the King doe him right and reason: whereupon followeth a general indorsement upon the same, soit droit fait aux partis, let right be done to the parties. Petition special is, where the conclusion is spe∣ciall for this or that: and the Indorsement to this is likewise special. See the rest cap. 22.

Petra lanae, a stone of wool. See Stone.

PH

Philiser, See Filazer.

PI

Piccage (piccagium) is money paid in fairs for breaking of the ground to set up booths or standings.

Picle, aliàs pitle, seemeth to come from the Italian (piccolo, vel picciolo, i. parvus mi∣nutus) and signifyeth with us a little small close, or inclosure.

Pienour, cometh of the French (Pionnier, i. fossor) and signifieth such labourers, as are taken up for the Kings host, to cast trenches, or undermine forts. Anno 2. & 3. Ed. 6. cap. 20.

Piepowders court (Curiae pedis pulverizati) comes of two French words (pied, i, pes) and pouldreux, i. pulverulentus) It signifieth a court held in fairs for the redresse of all disor∣ders committed within them: which because it is summary, de plano, & fine figura judicii, it hath the name of dustie feet, which we com∣monly get by sitting neer the ground: of this see Cromptons Jurisd. fol. 221. Read M. Skene de ver. signif. verbo Pedu••ulversus, which word he reporteth to signifie a vagabond, es∣pecially a merchant, which hath no place of dwelling, where the dust may be wiped off his feet or shooes, and therefore must have justice summarily ministred unto him, viz. within three flowings and three ebbings of the sea. Bract. calleth it Justitiam pepoudrous, li. 5. tract. 1. c. 6. nu. 6. Of this court read the Statute anno 17 Edw. 4. ca. 2.

Pille of Foddray in the Countie of Lanca∣ster, anno 2 H. 6. ca. 5. seemeth to be a creek, and called pille by the idiom of the Countrey for pile; for the which see Pile.

Pillorie (Collistrigium, Pillorium) cometh of the French (Pilori) which may seem to smell of the greek, and to proceed from (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) because one standing on the pillory, putteth his head through a kind of a door, i. janua: & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 video: it signifieth all one thing with it, saving that the French is used for a tumbrell, as well as for that which we call the pillorie, there is a Statute made of the pillory, anno 51 H. 3. wherein you may see who were then subject to this punishment. This was among the Sax∣ons called Healsfang, of (Heals) a neck, and (Fang) to take, Lamb, explication of Saxon words, verbo Mulcta.

Pipe (pipa) seemeth to be a roll in the ex∣chequer, otherwise called the great roll, anno 37 Ed. 3. cap. 4. See Clerk of the pipe. It is also a measure of wine or oyle, containing half a tun, that is six score and six gallons, an∣no 1 R. 3. cap. 13.

Piscarie (piscaria) cometh of the French (pescharie, i. piscatio) It signifieth in our com∣mon Law, a libertie of fishing in an other mans waters.

Pittle. See Picle.

PL

Placard, anno 2. & 3. Ph. & Mar. cap. 7.

is a licence whereby a man is permitted to maintain unlawfull games.

Plaint (Querela) is a French word, signi∣fying as much as questus, querimonia. In our Common law, it is used for the propounding of any action personal, or real in writing. So it is used in Brook, titulo, Plaint in Assise; and the party making this plaint, is called Plaintiff: Kitchin, fol. 231.

Plea (placitum) commeth of the French (ploid, i. lis, controversia.) It signifieth in our Common law, that which either party alle∣geth for himself in Court. And this was wont to be done in French from the Conquest, un∣till Edward 3. who ordained them to be done in English. a. 36. cap. 15. Pleas are divided into pleas of the Crown, and Common pleas. Pleas of the Crown in Scotland be 4. robbe∣rie, rape, murder, and wilfull fire, Skene de verb. sign. verb. Placitum. With us they be all sutes in the Kings name, against offences committed against his Crown and dignity, Stawnf. pl. cor. cap. 1. or against his Crown and peace. Smith de repub. Angl. li. 2. cap. 9. And those seem to be treasons, felonies, mis∣prisions of either, and mayhem. For those only doth that reverend Judge mention in that tractat. Common pleas be those that be held between Common persons. Yet by the former definitions, these must comprise all other, though the King be a party. Plea may farther be divided into as many branches as Action, which see. For they signifie all one. Then is there a Forein plea, whereby matter is alleged in any Court that must be tryed in another. As if one should lay Bastardy to a∣nother, in a Court Baron. Kitchin, fol. 75. The word (placitum) is used by the Commen∣tours upon the Feuds in the same significa∣tion that pleas be with us. And (Placitare) with them is (littgare, & causas agere.) Ho∣tom. in verb. feudal. verb. Placitare.

Pledge (Plegius) commeth of the French (Pleige, i. fidejussor) Pleiger aucun, i. fide∣jubere pro aliquo, In the same signification is Plegius used by Glanvile, Libro decimo, capite quinto, and Plegiatio for the act of sure∣tiship in the interpreter of the Grand Custo∣mary of Normandy, capite 60. Plegii dicun∣tur personae quae se obligant ad hoc, ad quod qui eos mittit tenebatur. And in the same Book, capit. 89 & 90. Plegiatio is used as Glanvile before doth use it. Salvi plepii, be used for Plegii, Pupill. oculi, parte quint. capit. 22. Charta de foresta. This word Plegius is used also for Frank pledge sometime, as in the end of William the Conquerours Laws, set out by Master Lambard in his Archaionum. fol. 125. in these words, Omnis homo qui voluerit se te∣nere pro libro, sit in plegio, ut plegius cum habe∣at ad usticiam, si quid offenderit, &c. And these be called capital pledges. Kitchin, fol. dectm••. See Frank pledge.

Plena forisfactura, and plena vita, see For∣feiture.

Plegiis acquietandis is a Writ that lyeth for a surety, against him for whom he is surety, if he pay not the mony at the day. Fitz∣herb. nat. br. folio 137. Regist. original, 158. a.

Plenartie, is an abstract of the adjective (plinus) and is used by our Common Law∣yers in matters of benefices. Wherein ple∣narty and vacation be meerly contrary. Stawnford, prerogativ. cap. octavo, fol. 32. Westm. secundo, capit. quint. anno 13 Ed∣vard. prim.

Plevin (Plevina) commeth of the French (plevine, i. sponsi.)

See Replevin.

Plite of Lawn, &c. anno 3 Edw. 4. cap. 5. seemeth to be a certain 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 original Capias: which if it speed not, then goeth out the Sicut aliàs: and if that fail, then the Plu∣ries. See Old nat. br. fol. 33. In the writ De excom. captendo see in what diversity of cases this is used in the Table of the original Re∣gister.

PO

Pole. See Perch.

Polein, anno 4. Ed. 4. cap. 7. seemeth to be a sharp or picked top set in the fore-part of the shooe or boot. This fashion was first ta∣ken up in Richard the seconds daies, the picks being made so long as they were tyed up to the knees with silver or golden chains, and forbidden by Edw. the fourth. Stow. pag. 4.

Policy of assurance, is a course taken by those which do adventure wares or merchandize by sea, whereby they, loath to hazard their whole adventure, do give unto some other a certain rate or proportion, as ten in the hun∣dred, or such like, to secure the safe arival of the ship, and so much wares at the place a∣greed upon. So that if the ship and wares do miscarry, the assurer maketh good to the venturer so much as he promised to secure, as 20, 30, 100. more or lesse: and if the ship do safely arive, he gaineth that clearly which the venturer compoundeth to pay him. And for the more even dealing between the venturer and the securer in this case, there is a certain

Clerk or Officer ordained to set down in wri∣ting the sum of their agreement, that they af∣terwards differ not among themselves upon the bargain. This is in coarse Latine else∣where called assecuratio. This term you have anno 43 Eliz. cap. 11.

Pondage. See Poundage.

Pone, is a writ whereby a cause depending in the County court, is removed to the Com∣mon Bank. Old nat. br. fol. 2. See in what di∣versity of Cases it is used, in the table of the Original Register.

Pone per vadium, is a writ commanding the Shyreeve to take surety of one for his appear∣ance at a day assigned: of this see five sorts in the table of the Register Judic. verbe, Pone per vadium.

Ponendis in assisis, is a writ founded upon the statute of Westm. 2. cap. 38. and upon the statute Articuli super chartas, c. 9. which sta∣tutes do shew, what persons, Vicounts ought to impanel upon Assizes, and Iuries, and what not: as also what number he should empanel upon Iuries and Inquests, which see in the Re∣gist. orig. fol. 178. a. and in Fitz. nat. br. fol. 165.

Ponendum in ballum, is a writ whereby to will a Prisoner held in Prison to be committed to bail in cases baylable. Regist. orig. fol. 133. b.

Ponendo sigillnm ad exceptionem, is a writ whereby the King willeth Iustices, according to the statute of West. 2. to put their seals to exceptions laid in against the Plaintiffs decla∣ration by the Defendant.

Pontage (pontagiuns) is a contribution to∣wards the maintenance or re-edifying of brid∣ges, Westm. 2. cap. 25. anno 13 Ed. pri. It may be also toll taken to this purpose of those that pass over bridges, anno 39 Eliz. cap. 24. anno 1 H. 8. cap. 9. and see the Statute anno 22 H. 8. cap. 5.

Pontibus reparandis, is a writ directed to the Shyreeve, &c. willing him to charge one or more to repair a bridge, to whom it belong∣eth. Register orig. fol. 153. b.

Portgreve (portgrevius) is compounded of two words (port) and greve) or (grave) i. praefectus. It signifieth with us the chief Magistrate in certain Coast towns, and as M. Camden sayth in his Britan, pag. 325. the chief Magistrate of London, was termed by this name: instead of whom Richard the first or∣dained two Bayliffs: but presently after him, King John granted them a Maior for their yearly Magistrate.

Porter of the door of the Parliament house, is a necessary Officer belonging to that high Court, and enjoyeth the privileges according∣ly. Cromptons jurisd. fo. 11. Perter in the Circu∣it of Justices, is an Officer that carrieth a verge or white rod before the Iustices in Eyre, so cal∣led, a portando virgam, an. 13 Ed. 1. ca. 24.

Porter bearing verge (virgator) before the Iustices of either bench, anno 13 Edv. 1. cap. 41. See Vergers.

Portomote is a word compounded of (port, i. portus) and the Saxon (Gemertan, i. conve∣nire) or of the French (mot, i. dictio, verbum) It signifieth a Court kept in Haven towns, as Swainmot in the forest. Manwood, parte prim. of his forest laws, pag. 111. It is some∣times called the Portmoot Court, an. 43 Eli. cap. 15.

Portsale, anno 35 H. 8. cap. 7. i. sale of fish presently upon return in the haven.

Possession (possessio) is used two waies in our Common law. First for lands and inheri∣tance: as, he is a man of large possessions. In which signification it is also used among the Civilians, sc. for the thing possessed, l. possessio∣num: Cod. commun. utriusque Judic. Next, for the actual enjoying of that, which either in truth or pretence is ours. And in this sig∣nification, there is possession indeed, and possession in law: pl. cor. fol. 198. The ex∣ample there is this: before or untill an office be found, the King hath only possession in law, and not in deed, speaking of the lands escheated by the attainder of the owner. See Praerog. fol. 54. & 55. In this signification also, there is an unity of possession, which the Civilians call Consolidationem. Take an example out of Kitchin fol. 134. If the Lord purchase the tenancy held by Heriot service. then the Heriot is extinct by unity of possession: that is, because the seigneury and the tenancy be now in one mans possession. Many divisi∣ons of possession you may read in Braclon, lib. 2. cap. 17. per totum.

Post. See Per.

Post diem, is a return of a writ after the day assigned for the return: for the which the Custos brevium hath four pence, whereas he hath nothing, if it be returned at the day: or it may be the fee taken for the same.

Post fine, is a duty belonging to the King for a fine formerly acknowledged before him in his Court, which is paid by the Cognizee, after the fine is fully passed, and all things touching the same wholly accomplished. The rate thereof, is so much and half so much, as was paid to the King for the fine, and is gathered by the Shyreeve of the County where the land, &c. lyeth, whereof the fine was levied to be answered by him into the Exchequer.

Post terme, is a return of a writ, not only after the day assigned for the return thereof, but after the term also, which may not be re∣ceived by the Custos brevium, but by the con∣sent of one of the Iudges: it may be also the see which the Custos brevium taketh, for re∣turn thereof, which is twenty pence.

Postea is a word used for a matter tryed by Nisi prius, and returned into the Court of common pleas for Judgement, and there af∣terwards recorded. See Plowden, casu Saun∣ders, fol. 211. a. See an example of this in Sir Edw. Cokes Reports, volum. 6. Rowlands Case, fol. 41. b. & 42. a. See Custos bre∣vium.

Post disseisen (post disseisina) is a writ gi∣ven by the Statute of We. 2. cap. 26. and lyeth for him that having recovered lands or tene∣ments by (praecipe quod reddat) upon default, or reddition, is again disseised by the former disseisour. Fitzherb. nat. br. fol. 190. see the writ that lyeth for this in the Register ori∣ginal, fol. 208. a.

Posteriority (posterioritas.) is a word of com∣parison and relation in tenure, the correlative whereof is prioritie. For a man holding lands or tenements of two Lords, holdeth of his auncienter Lord by priority, and of his later Lord by posteriority. Stawn. praerog. fol. 10, & 11. when one Tenent holdeth of two Lords, of the one by priority, of the other by posteriority, &c. Old nat. br. fol. 94.

Pourchas (perquisitum) commeth of the French (pourchasser, i. sollicitare, ambire:) it signifyeth the buying of lands or tenements with mony, or other agreement, and not the obtaining of it by title or descent. Conjunctum perquisitum, Joynt purchase. Regist. origi∣nal fol. 143. b.

Pour faire proclaimer, que nul enject fimes ou ordures en fosses ou rivers pres cities, &c. is a writ directed to the Maior, Shyreeve, or Bayliff of a City or Town, commanding them to proclaim, that none cast filth into the ditches, or places near adjoyning: and if any be cast already, to remove it. This is founded upon the Statute an. 12 Rich. 2. ca. 13. Fitz. nat. br. fol. 176.

Pourparty (propars, propartis, vel pro∣partia) is contrary to (pro indiviso) For to make pourparty is to divide, and sever the lands that fall to Parceners, which before partition they hold jointly, and pro indiviso. Old nat. br. fol. 11.

Pourpresture (pourprestura, vel porprestu∣ra, vel paraprestura) seemeth to come from the French (pourpris, i. conseptum) It is thus defined by Glanvile, lib. 9. cap. 11. Pour∣prestura est proprie, quando aliquid super Do∣minum Regem injustè occupatnr. Ut in Domi∣nicis Regis, vel in viis publicis obstructis, vel in aquis publicis transversis à recto cursu: vel quando aliquis in civitate super regiam plate∣am aliquid aedificando occupaverit: & genera∣liter, quoties aliquid fit ad nocumentum Regii tenementi, vel Regiae viae, vel civitatis, Cromp. in his Jurisd. fol. 152. defineth it thus, Pour presture is properly when a man taketh unto himself or incroacheth any thing that he ought not, whether it be in any jurisdicti∣on, 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 for∣est laws pag. 269. & parte 2. cap. 10. per to∣tum. See Skene de verbo. signif. verb. Purpesture. Where he maketh three sorts of this offence: one against the King, the second against the Lord of the fee, the third against a Neigh∣bour by a Neighbour lying near unto him.

Pour seisir terres la femme que tient en Dower, &c. is a writ whereby the King fei∣seth upon the land, which the wife of his Te∣nent that held in Capite, deceased, hath for her dowry, if she mary without his leave, and is grounded upon the Statute of the Kings prerogative, cap. 3. see Fitzh. fol. 174.

Poursuyvant, commeth of the French (pour∣suivere, i. agere, agitare, persequi) It signi∣fieth the messenger of the King attending up∣on him in wars, or at the Councel table, the Star chamber, Exchequer, or Commission court, to be sent upon any occasion, or mes∣sage, as for the appehension of a party accu∣sed, or suspected of any offence committed. Those that be used in Marshal causes, be cal∣led Perswivants at arms, anno 24 Henr. 8. cap. 13. whereof there be four in number of special names, which see in Herald. And M. Stowe speaking of Richard the third his end, pag. 784. hath these words: For his body was naked to the skin, not so much as one clout about him, and was trussed behind a Pursuyvant at arms, like a hog or a calf, &c. The rest are used upon other messages in time of peace, and especially in matters touch∣ing jurisdiction. See Herald.

Purveyour (provisor) commeth of the French (Pourvoire, i. providere, prospicere.) It signifieth an officer of the King or Queen, or other great personage that provideth corn and other victuall, for the house of him whose officer he is. See magna charta. cap. 22. & 3 Ed. prim. cap. 7. & cap. 31. & anno 28 ejusdem. Articuli super chartas. 2. and ma∣ny

other Statutes gathered by Rastal under this title.

Powldavis, anno 1 Jacob. ca. 24.

Power of the County, (posse comitatus) by M. Lamberds opinion in his Eirenar. li. 3. cap. 1. fol. 309, containeth the ayde and at∣tendance of all Knights, gentlemen, yeomen, labourers, servants, apprentises, and villains: and likewise of Wards, and of other young men above the age of fifteen years, within the County, because all of that age are bound to have harnesse, by the statute of Winchester. But women, ecclesiastical persons, and such as be decrepit, or do labour of any continual infirmity, shall not be compelled to attend. For the statute 2 Hen. 5. cap. 8. (which also worketh upon the same ground) saith, that persons sufficient to travell, shall be assistant in this service.

Pound (parcus) seemeth to signifie gene∣rally any inclusure of strength to keep in beasts: but especially, with us, it signifieth a place of strength to restrain cattel being di∣strained or put in for any trespass done by them, untill they be replevied or redeemed. And in this signification it is called a pound overt, or open pound, being builded upon the waste of some Lord within his fee, and is cal∣led the Lords Pound. For he provideth it to his use, and the use of his tenants. See Kit∣chin fol. 144. It is divided into pound open, and pound close: pound open or overt, is not only the Lords pound, but a backside, court, yard, pasture, or else whatsoever, whi∣ther the owner of any beasts impounded may come to give them meat and drink without offence, for their being there, or his com∣ming thither: pound close is then the contra∣ry, viz. such a one as the owner cannot come unto, to the purpose aforesaid, without offence: as some close house, or such like place.

Poundage, is a Subsidy granted to the King of all manner of merchandizes of every mer∣chant denizen and alien, carried out of this Realm, or brought into the same by way of Merchandize, to the valew of twelve pence in every pound, an. 12 Ed. 6. cap. 13. an. 31 Elizab. cap. 5. anno 1 Iacobi, cap. 33.

PR

Pray age. See Age prier.

Pray in ayd. See Ayd.

Prebend (praebenda) is the portion, which every member or Canon of a Cathedral church receiveth in the right of his place, for his maintenance. And though use hath wrought the Latine word into the nature of a Substantive: yet I think it originally to be an Adjective, or Participle, and to have been joined with (pars or portio) as (Canonica por∣tio) which is in manner all one in signification. Howbeit (Canonica portio) is properly used for that share which every Canon or Preben∣dary receiveth yearly out of the common stock of the Church: and praebenda is a seve∣ral benefice rising from some temporal land, or church appropriated, toward the mainte∣nance of a Clerk, or member of a collegiat 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 have no more but the revenew toward their maintenance: Prebends with dignity are such, as have some jurisdiction annexed unto them, according to the divers orders in every several Church. Of this see more in the title, De Praebendis & dignitat. in the Decretals. Alciat saith, that (Praebenda) in the plurall number, and neuter gender was anciently used: as now (Praebenda) in the singular number, and fe∣minine gender is used. parerg. cap. 43.

Praebendary (praebendarius) is he that hath a praebend. See Prebend.

Precept (praeceptum) is diversly taken in the Common law, sometime for a commande∣ment in writing sent out by a Iustice of peace, or other for the bringing of a person one or more, or records before him: of this you have examples of divers in the table of the Reg. Judicial: And this use seemeth to be bor∣rowed from the customes of Lombardy, where praeceptum signifieth scripturam, vel inftru∣mentum. Hot. in verbis feudal. & libro 3. Commentariorum, in libros feudorum, in prae∣fatione. Sometime it is taken for the provo∣cation, whereby one man inciteth another to commit a felony, as theft, or murder. Stawnf. pl. cor. fol. 105. Bracton calleth it (praeceptum) or (mandatum) lib. 3. tract. 2. cap. 19. whence a man may observe three di∣versities of offending in murder, Praeceptum, fortia, consilium: praeceptum, being the insti∣gation used before hand; fortia, the assistance in the fact, as help to bind the party murde∣red, or robbed; consilium, advise either be∣fore, or in the deed. The Civilians use (man∣datum) in this case, as appeareth by Ange∣lus in tracta. de male ficiis, vers. Sempronium Mandatorem.

Praeceptories, an. 32 H. 8. cap. 24. were benefices in a kind, and termed preceptories, because they were possessed by the more emi∣nent sort of the Templers, whom the chief master by his authority created, and called (praeceptores Templi) Joach. Stepha. de Juris∣dict li. 4. ca. 10. nu. 27. See Comaund••y.

Praecipe quod reddat, is a writ of great di∣versity

touching both the form and use, for better declaration whereof see Ingressus, and Entry. This form is extended as well to a writ of right, as to other writs of entry, or possession. Old nat. br. fo. 13. and Fitzher. nat. br. fol. 5. And it is called sometime a writ of right close, as a praecipe in capite, when it issu∣eth out of the Court of Common plees for a Tenent holding of the King in chief, as of of his Crown, and not of the King, as of any honour, castle, or manor. Register orig. fol. 4. b. Fitz. nat. br. fol. 5. F. Sometime a writ of Right patent: as when it issueth out of any Lords Court, for any of his Tenents deforced against the deforcer, and must be de∣termined there. Of this read more at large in Fitz. nat. br. in the very first chapter or writ of all his book.

Praemunire, is taken either for a writ, or for the offence whereupon this writ is grant∣ed. The one may well enough be understood by the other. It is therefore to be noted, that the Church of Rome under pretence of her supremacy and the dignity of Saint Peters chair, grew to such an incroaching, that there could not be a benefice (were it Bishoprick, Abbathy, or other) of any worth here in England, the bestowing whereof could e∣scape the Pope by one means or other. In so much, as for the most part he granted out Mandates of Ecclesiastical livings, before they were void, to certain persons by his Bulls, pre∣rending therein a great care to see the Church provided of a Successor before it need∣ed. Whence it grew that these kinds of Bulls were called (Gratiae expectativae) or (Provisiones) whereof you may read a learned discourse in Duarenus, that worthy Civilian, in his tractate De beneficiis, lib. 3. ca. 1. and in his treatise De immunitate ec∣clesiae Gallicanae. These provisions, were so rife with us, that at the last, King Edw. the third, that heroical Prince, not disgesting so intollerable an oppression, made a statute in the 25 year of his reign, stat. 5. cap. 22. and another stat. 6. ejusdem anni cap. p••i. and a third anno 27. against those that drew the Kings people out of the Realm, to answer of things belonging to the Kings Court; and a∣nother anno 28. statu. 2. c. 1, 2, 3, & 4. to the like effect: whereby he greatly restrained this liberty of the Pope. Yet such was the wantonness that grew out of his power, and the impatience of Princes in those daies, that he still adventured the continuance of these provisions: in so much as King Richard the second made likewise a statute against them in the Twelfth year of his reign, ca. 15. and the 13 year stat. 2. cap. 2. making mention of the said first Statute of Edward the third, ra∣tifying the same, and appointing the punish∣ment of those that offended against it, to be perpetual banishment, forfeiture of their lands, tenements, goods, and chattels, as by the same doth more at large appear. And again in the 16 year of his reign, cap. 5. to meet more sully with all the shifts invented to defraud these former Statutes, he expres∣seth the offence more particularly, and set∣teth the same punishment to it, that he or∣dained in the last former Statute. For there toward the end he hath these words, if any purchase or pursiew, or do to be purchased or siewed in the Coure of Rome, or elsewhere, any such translations, processes and sentences of excommunication, Bulls, Instruments, or any other things, &c. After him K. Henr. the fourth in like manner grieved at this im∣portunie by other abuses not fully met with in the former Statutes in the second year of his reign cap. 3. and 4. addeth certain new ca∣ses, and layeth upon the offendours in them the same censure, whereunto for shortness sake I refer you: admonishing likewise to adde the statute, an. 9 ejusdem cap. pri. & an. 7. cap. 9. & 8. & anno 9 ejusdem cap. 8. & anno 3 H. 5. cap. 4. Out of which statutes have our Professors of the Common law, wrought many dangers to the Iurisdiction Ecclesiastital, threatning the punishment con∣tained in the statute anno 27 Edw. 3. & 38 ejusdem, almost to every thing that the court Christian dealeth in, pretending all things dealt within those Courts to be the disherison of the Crown, from the which, and none o∣ther fountain, all Ecclesiastical Iurisdiction is now derived: whereas in truth Sir Tho. Smith saith very rightly and charitably, that the uniting of the Supremacy Ecclesiastical and Temporal in the King, utterly voideth the use of all those statutes. Nam cessante ra∣tione cessat lex. And whatsoever is now wrought or threatned against the Iurisdiction Ecclesiastical, by colour of the same, is but in emulation of one Court to another: and by consequent a derogation to that authorit from which all Iurisdiction is now derived and the maintenance whereof was by those Princes especially purposed. But of this read Sir Thomas Smith, lib. 3. de Rep. Ang. cap. 9.

Some later statutes do cast this punishment upon other Offenders: as namely the statute, anno 1 Eliz. cap. prim. upon him that deni∣eth the Kings supremacy the second time, &c. and the statute anno 13 Eliz cap. 2.

upon him that affirmeth the authority of the Pope: or that refuseth to take the oath of Supremacy, and the Statute an. 13 Eliz. ca. 1. such as be seditious talkers of the inheritance of the Crown, or affirm the Queen; Maje∣stie to be an heritique. And the word is ap∣plyed most commonly to the punishment first ordained by the statutes before mentioned, for such as transgressed them: but in latter times imposed upon other offences. For that, where it is said that any man for an offence committed shall incurre a premunire, it is meant, that he shall incurre the same punish∣ment which is inflicted against those that transgress the statute made, an. 16 R. 2. c. 5. which is commonly called the statute of pre∣munire, which kind of reference is not unusu∣al in our statutes. For example, I shew on∣ly the statute, anno 5 Elizabeth, cap. 5. where it is enacted, that if any man preach or teach by writing, that the common coun∣sell of the Realm do by that statute forbid flesh to be eaten, as of necessity for the sa∣ving of mans soul, that he shall for such preaching, &c. be punished as they be, which be spreaders of false news: having re∣ference thereby to those statutes which con∣tain the punishment of such offenders.

Now touching the Etymologie of this word (Praemuuire) some think it proceed∣eth from the strength given to the Crown by the former statutes, against the usurpation of forain and unnateral power: which opini∣on may receive some ground from the statute, anno 25 Edward 3. stat. 6. cap. pri. But o∣ther think it to grow from the verb (Praemo∣nere) being barbarously turned into (praemu∣nire) which corruption is taken from the rude Interpreters of the Civil and Canon-laws, who indeed do use the effect (Praemu∣nire) many times for the efficient cause (Prae∣monere) according to the proverb: He that is well warned, is half armed. And of this I gather reason from the form of the writ, which is thus conceived in the Old nat. br. fol. 143. Praemunire facias praefatum praepositum & I. R. precuratorem, &c. quod tunc sint co∣ram nobis, &c. for these words can be refer∣red to none, but parties charged with the of∣fence.

Praepositus ville, is used sometime for the Constable of a town, or petit Constable. Crom. Iurisd. fol. 205. howbeit the same au∣thor fol. 191. seemeth to apply it otherwise, for there quatuor homines praepositi, be those four men, that for every town must appear be∣fore the Iustices of the Forest in their circuit It is used sometime for a Reeve. See Reeve.

Praerogative of the King (praerogativa regis) is that especial power, preeminence, or pri∣vilege that the King hath in any kind over and above other persons, and above the ordi∣nary course of the Common law, in the right of his Crown. And this word Praerogativa is used by the Civilians in the same sense. l. Rescriptum. 6. Sect. 4. n. de bono. & muner. But that privilege that the Roman Emperour had above common persons, they for the most part comprised sub jurefisci•••• de jurefis∣ci, per totum tit. & Co. li. 10. tit. 1. Among the Feudists this is termed (jusregalium, jus regaliorum, vel à nonnullis jus regeliarum) But as the Feudists, sub jure regalium, so our Lawyers (sub praerogativa regis) do com∣prise also, all that absolute heighth of power that the Civillians call (majestatem, vel potesta∣tem, vel jus imperii) subject only to God: which regalia the Feudists divide into two sorts, ma∣jora & minora regalia. For to use their own words, Quaedam regalia, dignitatem, praero∣gat••••am, & imperii praeeminentiam spectant: quaedam verò ad utilitatem, & comidum pecu. niarium immediatè attinent: & haec propriè fiscalia sunt, & adjus fisci pertinent. Peregr: de jure fisci, li. 1. cap. 1. nu. 9. See also Arnoldus Chapmarius. de arcanis imperii, lib. 1. cap. 11. & s••qq. who seemeth to make dif∣ference between majectatem, & jus regalio∣rum. Others make those (majora regalia) that appertain to the dignity of the Prince, and those minera, which inrich his coffers. Regnerus Sixtinus, de jure rega. cap. 2. By this it appeareth, that the statute of the Kings prerogative made, anno 17 Ed. 2. contains not the sum of the Kings whole prerogative, but only so much thereof, as concerns the profit of his cofers growing by vertue of his regal power and crown; for it is more than manifest, that his prerogative reacheth much farther: yea, even in the matters of his pro∣fit, which that statute especially consisteth of. For example, it is the Kings prerogative to grant protection unto his debtours against other creditours, untill himself be satisfied. Fitz. nat. br. fol. 28. B. to distrein for the whole rent upon one tenent, that hath not the whole land. Idem fol. 235. A. to require the Ancestors debt of the heir, though not especially bound. Brit. ca. 28. fol. 65. b. to cease upon mony paid by his debtour into a Court, for the satisfaction of an exe∣cutor. Plowden, fol. 322. a. to permit his debtours to siew for their debts by a (Quo minus) in the Exchequer. Perkins Graunts. 5. to be first paid by one that oweth mony both to him and others, Dyer, fol. 67. an. 20.

to take the Lands of accountants into his hands for his own satisfaction. Plowd. casu Almes. fol. 321. & 322. to take his acti∣on of account against executors, codem fol. 320. not to be tyed to the demand of his rent. Coke. li. 4. fol. 73. a. Now for those regalities which are of the higher nature (all being within the compass of his prerogative, and justly to be comprised under that title) there is not one that belonged to the most ab∣solute prince in the world, which doth not also belong to our King, except the customes of the nations so differ (as indeed they do) that one thing be in the one accounted a re∣gality, that in another is none. Only by the custome of this Kingdom, he maketh no laws without the consent of the three Estates, though he may quash any law concluded by them. And whether his power of making laws be restrained (de necessicate) or of a godly and commendable policy, not to be altered without great peril, I leave to the judgement of wiser men. But I hold it incon∣erowlable, that the King of England is an ab∣solute King. And all learned Politicians do range the power of making laws, inter insignia summae & absolutae potestatis. Ma∣jora autem regalia sunt haec: clausula plenitu∣dinis potestatis, & ex ea aliquid statuere, leges condere, ac eas omnibus & singulis dare, bel∣lum indicere, belli indicendi licentiam alii dare, pronunciare it a ut à sent entia appellari non possit, committere sive delegare alicui cau∣sam cum clausula appellatione remota, cognos∣cere de crimine laesae majestatis, legitimare per rescriptum eos qui extra legitimum ma∣trim nium nati sunt, ad famam honores, & natales in integrum restituere, veniam aetatis dare, creare Duces, Marchiones, Comites, regnum in feudum concedere. Huc referri potest jus erigendi scholam, quae hodie Uni∣versit as vel Academia appellatur, etiam jus creandi doctores, gradu licentiae aliquem insig∣niendi, creandi magistratus, tabelliones, sive notarios, jus dandi insignia nobilitatis, sive no∣biles creandi, jus cudendae monetae, nova vecti∣galia instituendi, vel instituta vectigalia au∣gendi; Sixtinus ubisupra. So that those o∣ther which are mentioned in libris feudorum, and the Interpreters of them are (at the least for the most part) justly called regalia mino∣ra, as armandiae, viae, publicae, flumina navi∣gaentia, portus, ripalia, vectigalia, monetae, mulctarum poenarum{que} compendia, bona vacan∣tia, bona que indignis aufer entur, bona eorum qui incestum matrimonium contrahunt, bona à imnatorum, & postscriptorum, angariae et parangariae, extraordinariae ad expeditionem imperatores collationes, potestas creandornm magistratuum ad justiciam exequendam, ar∣gentartae, palatia, in civitatibus constituta, piseationum reditus, falinarum reditus, bona commitentium crimen laesae majestatis, thesau∣rus inventus. By setting down these regali∣ties of both sorts, as they are accounted in the Empire, and other forein Kingdoms, they may be the more easily compared with our Kings prerogatives, and so the differences noted between us and them. And whereas some things are before reckoned both (inter regalia majora, et minora) the Reader must understand that this may be in divers re∣spects. For example, the power of raising a tri∣bute, or of coyning mony, is inter majora: but the profit that groweth to the Prince by the one or other, is (inter minora) Now may there also be noted out of books a great number of prerogatives belonging to the King of this land, which do not bring profit to his coffers immediately, and therefore may be accounted inter regalia majora, or at the least, in a middle or mixt nature, or inter ma∣jora et minora, because by a consequent they tend to the increase of the Kings Exchequer. Of these such as I have observed in reading, I will set down as they come to my hands, without farther curiosity in dividing. It is the Kings prerogative that he may not be sued upon an ordinary Writ, as tenent to lands, but by petition. Plowd. casu Walsing∣ham, f. 553. to have a necessary consent in the approbation of all benefices. Idem, ca∣su Grendon, fol. 499. to waive and to demur, and to plead to the issue, or to waive the issue, and to demur upon the plee of the ad∣vers parts, yet not to change the issue ano∣ther term after he and the advers part be once at issue. Idem, casu Willion. fol. 23.6. a. & casu Mines fol. 322. a. to be received in a sute before issue joyned upon an (ayde prier) Idem, casu Dutchy of Lancaster, fol 221. b. to be never in nonage, codem f. 218. b. that a man indicted may not wage battel with him Idem casu nimes fol. 335. b. that no man upon any right may enter upon him being in posses∣sion, but must be put to sute. Dyer, f. 139. nu. 33 to seise the lands of his tenents that a∣lienate without license, Plowd. casu Mines, fol. 322. a. that no subject may wage his law against him. Broke. chose in action, 9 Coke, lib. 4. fol. 93. to present in the right of the youngest coparcener being his ward before the elder. Plowd. casu Mines, fol. 332. b. & fol. 333. a. that a benefice by institution is not full against him. Coke Digbies c. f. 79. a. not to find pledges for the persecuting of any

action. For he cannot be amerced. Fitzh. na. br. f. 31. F. & fo. 47. C. To sue in what Court he will. Fitz. na. b. f. 7. B. & 32. E. To sue the writ Ne adm ttas after 6 months. Reg. or. f. 31. a. That a mans villain having remained in his ancient demesn by the space of a year, may not be recovered by the writ, (de nativo ha∣bendo) Fitzh. nat. br. fol. 79. A. To grant an office with the (habendam post mortem alteri∣us) Dyer, fol. 295. nu. 1. to shorten the ordinary time of summons (being 15 daies) in writ of right, Brit. ca. 121. To give what ho∣nour or place he listeth to his subjects. anno 31 H. 8. cap. 10. To be owner of a forest. See Forest. To have free warren. See Warren. Not to be owted of his freehold. Cromptons justice of peace, fol. 59. b. et 16. a. To araign a man being both a Traitor and a Felon, ra∣ther upon the Treason, than upon the Felo∣ny, because he may have the whole Escheats. idem eodem fol. 99. a. To warrant the day of appearance to his subject being in his service, and summoned to appear at a day certain. Fitzh. nat. br. fol. 17. a. Divers of these, and many others did belong (fisco imperatorum) which you may find in the Digest: de jure fisci, et Co. lib. 10. tit. 1. Besides these also many moe may be observed to belong unto our King, out of the laws, which I leave to their collection which are of longer reading, and more painfull industry.

Prerogative of the Archbishop of Canterbury, or York (prerogativa Archiepiscopi Cantu∣ariensis seu Eboracensis) is an especial pre∣eminence that these Sees have in certain ca∣ses above ordinary Bishops within their Pro∣vinces. And that of the Archbishop of Canterbury principally consisteth of these points.

First, in the confirmation of all elections made of Bishops by the Dean and Chapter of all Cathedral Churches, as also the consecra∣tion of them.

Next in a power of visiting his whole Pro∣vince, of assembling Synods, of supplying the defects and negligences of inferiour Bi∣shops, of receiving appeals from their Courts, of assigning coadjutors to those Bishops that grow weak and insufficient to discharge their function, of appointing Vicars general to those that have either none, or an insufficient man employed in that office; and of dispen∣sing in all Ecclesiastical cases, wherein the laws bear dispensation: of taking oath of eve∣ry Bishop, at his confirmation, to perform canonical obedience unto the See of Canter∣bury. But these seem to belong unto him by an ordinary Archiepiscopal authority.

Certain other things there be, that apper∣tain unto him more than ordinarily to other Archbishops: as the original calling of any person, in any cause belonging to spiritual jurisdiction, out of any part of his Province, though not appealed. But this point is now limited by the Statute made, anno 23 H. 8. cap. 9.

The receiving of an appeal from the lowest Judge Ecclesiastical within his Province im∣mediately. The appointing of a Keeper or Guardian of the spiritualties during the vacancy of any Bishoprick. By which means all Episcopal rites of the Diocess, for that time do belong unto him: as Visitation, In∣stitution to benefices, and such like.

The visitation of every Dioces within his pro∣vince, when and in what order it pleaseth him. As also of all other privileged Churches. The probat of Testaments, and granting of Admi∣nistrations, in case where the party deceased hath goods of any considerable value out of the Diocess wherein he dyeth. And that value is ordinarily five pounds, except it be otherwise by composition between the said Archbishop, and some other Bishop: as in the Diocess of London it is ten pounds.

The probat of every Bishops Testament, or the administration of his goods, dying in∣testate, though not having any goods, chat∣tels, or debts without the compass of his own jurisdiction. The bestowing of any one dignity or Prebend in any Cathedral church upon the creation of a new Bishop, that him∣self thinketh good to make choice of.

There may be more particulars of this pre∣rogative, that I know not: but these may be sufficient to express the thing that I desire to declare. Who so desireth to read these more more at large, and other privileges of this Church in temporal matters, may resort to the book intituled, De antiquitate Britannicae Ecclesia, & nominatim de privilegiis Ecclesiae Cantuariensis historia, and especially to the eighth chapter of the said book, pa. 25.

Prerogative Court (curia Praerogativa Ar∣chiepiscopi Cantuariensis) is the Court where∣in all Wills be proved, and all Administrati∣ons taken, that belong to the Archbishop by his prerogative, which see in Prerogative. And if any contention do grow between two or more touching any such Will or Administra∣tion, the cause is properly debated and de∣termined in this Court. The Judge of this court is called Judex Curia praerogativ•• Cantuariensis. The Archbishop of York hath also the like power and court, which is ter∣med his Exchequer, but far inferiour to this

in countenance and profit.

Prescription (praescriptio) is a course or use of any thing for a time beyond the memo∣ry 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 memory, a parti∣cular person hath particular right against a∣nother particular person. And custom is, where by continuance of time beyond memo∣mory, divers persons have gotten a right: with whom agreeth Sir Edward Coke, lib. 4. fol. 32. a. And usage is by continuance of time the efficient cause of them both, and the life of both prescription and custome. Thus saith Kitchin. But as in the Civil law, so I think likewise in the common, Prescription may be in a shorter time. As for example, where the Statute, anno 1 H. 8. cap. 9. saith, that all actions popular must be sued with∣in three years after the offence committed, and the Statute anno 7 ejusdem, cap. 3. That four years being past after the offence com∣mitted in one case, and one year in another, no sute can be commenced, and the Statute 31 Elizabeth, cap. 5. saith, (by way of cor∣recting the two former Statutes) that all actions, &c. brought upon any Statute, the penalty whereof belongeth to the King, shall be brought within two years after the offence committed, or else be void. And the statute anno 39 Eliz. cap. prim. & secund. saith, that actions brought after two years by any com∣mon person, or after three years by the King alone for decay of husbandry or tillage, shall be of no force. Whosoever offendeth, against any such statute, and doth escape un∣called for two years, or three years, in one case of the two later of these three statutes, may justly be said to have prescribed an im∣munity against that action. The like may be said of the statute made anno 23 Elizabeth. cap. primo, which saith, that all offences com∣prised in that statute made in the 13 year of Elizab. cap. 2. are inquirable before both Justices of peace and of Assise, within one year and a day, after the offence committed: Also the title that a man obtaineth by the passing of five years after a fine acknowledg∣ed of any land, or tenements, may justly be said to be obtained by prescription. And whereas the Statute anno 8 R. 2. ca. 4. saith, that a Iudge or Clerk convicted for false en∣tring of plees, &c. may be fined within two years; the two years being ended, he pre∣scribeth against the punishment of the said Statute; and whereas the Statute anno 11 H. 7. saith, that he which will complain of maintenance or embracery, whereby perjury is committed by a lury, must do it within six daies, those six daies ended the parties pre∣scribe: and whereas the Statute anno 5 Ed. 6. saith that a man being not indicted within 3 months of any offences there mentioned touching Service and Sacraments, he shall be clear from thence forward: the three months being ended, he prescribeth: and the same may be said of the Statute anno 5 Ed. 6. cap. 5. which saith, that a man shall not be indited of any offence there mention∣ed touching the decay of tillage, after three years. And whereas it is ordained by the statute anno 8 H. 6. cap. 9. that those which keep possession of lands by force after 3 years possession held by themselves and their ancestors, shall not be subject to the arbitrament of Disseisours there set down. I hold this a prescription likewise against those censures. v. anno 23 H. 6. cap. 15. Lastly a servant prescribeth liberty after a year. Bracton, li. 1. ca. 10. nu. 3. and the right that is gotten in any Stray to a Lord of a manor, no man claiming it within the year and day after proclamation made, is an usu∣capion, or prescription. See Action perpetual and temporal. And see Cromptons Justice of peace, fol. 173. b. ubi habebis festum. But see one rule for all in Lam. Eirenarch. lib. 4. cap. 5. pag. 469. Of this prescription and the learning touching the same, you may read a solemn report in S. Edwards Cooks, & Lut∣trels case, vol. 4. f. 84. b. & seq.

Presentation (Praesentatio) is used pro∣perly for the act of a patron offering his Clerk to the Bishop, to be instituted in a be∣nefice of his gift: the form whereof see in the Register original, fol. 322. a.

Presentment. is a meer denunciation of the Iurors themselves, or some other Offi∣cer, as Iustice, Constable, Searcher, Survey∣ours, &c. (without any information) of an offence inquirable in the Court whereunto it is presented. See Lamberd Eirenarcha. lib. 4. cap. 5. pag. 467. President (praeses) is used in the Common law for the Kings Lieu∣tenant in any Province or Function, as Presi∣dent of Wales, of York, Barwick, Presi∣ent of the Kings Councel: Anno 22 Hen. 8. cap. 8. & anno 24 Hen. 8. cap. 3, & 14.

Preignotary (Protonotarius) is a word that seemeth to be made either of two French words, prime or prim••er, i. primus, and Notai∣re, i. Notarius, tabellio: Or of two Latine words, prae & notarius, quasi primus aut princi∣palis notarius. The office is likewise borrowed from the later Romans, who made his name

of half Greek and half Latine, viz. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 i. primus, principalis, and Notarius. It is used in our Common law, for the chief Clerks of the Kings Courts, whereof three be of the Common plees, and one of the Kings Bench. For the Pregnotary of the Common plees, anno 5 H. 4. cap. 14. is tearmed the chief Clerk of that Court. He of the Kings Bench recordeth all actions civil sued in that Court, as the Clerk of the Crown-of∣fice doth all criminal causes. Those of the Common plees do enter and inroll all man∣ner of Declarations, pleadings, assises, and judgements: and all actions the same term that the apparence is made. Also they make out all judicial writs, as the Venire facias after issues joyned, and Habeas corpus for the bringing in of the Jury, after it is return∣ed upon the Venire facias. They also make forth writs of executions and of seisin, writs of Supersedeas, for appearance to Exigents, as well as the Exigents and writs of privileges, for removing of causes from other inferiour Courts of Record, in case where the party hath cause of privilege. Also writs of Pro∣cedendo, of Scire facias in all cases, and writs to enquire of dammages: and all process upon prohibitions, and upon writs of Audi∣ta quaerela and false judgement. Finally, they inroll all Recognisances acknowledged in that Court, and all common Recoveries, and may make exemplifications of any record the same term, before the roles be delivered from them.

Prender commeth of the French trendere, i. accipere, acceptare, capere, prehendere. It sig∣nifieth in our Common law, sometime a power or right to take a thing, before it be offered; as such things as lye in Prender, or such as lye in render: West parte 2. titule Fines, Sect. 126. where you have these words: If the Lord grant the services of his Tenent by fine or otherwise the Lord before atturnment shall have such things as lye in Prender: as the ward of the body of the heir and of the Land: escheats, &c. but not such things as lye in render, as rents and reliefs, heriots, and other servi∣ces. For he cannot avow for them before the attournment.

Prender de Baron signifieth literally in bar∣barous French to take a Husband: But it is used in our Common law, as an exception to disable a woman from pursuing an Ap∣peal of murder against the Killer of her former Husband, Stawnf. pl. cor. lib. 3. cap. 59. The reason whereof, whether it be, because by her second mariage, she may just∣ly be thought to have given up the interest she had in her former husband, or for that she is now covert again, or for both, I leave to consideration.

Prender del profits signifieth verbatim to take the profits. It signifieth substan∣tively the taking of the profits. See Cromp∣tons jurisdict, folio 185. See Pernour of profits.

Prest, is used for some duty in mony to be paid by the Sheriff upon his account in the Exchequer, anno secundo & tertio Ed. 6. cap. 4.

Prest mony is so called of the French word (Prest, i. explicatus, tromptus, expeditus) for that it bindeth those, that have received it, to be ready at all times appointed.

Primage, is a duty due to the Mariners and Saylers for the loading of any ship at the set∣ting forth from any Haven, anno tricesimo se∣cundo Henrici octavi, capitulo decimo quarto.

Primier seisin (prima seisina) ad verbum, signifieth the first possession. It is used in the Common law, for a branch of the Kings Prerogative, whereby he hath the first possession of all lands and tenements through the Realm holding of him in chief, whereof his tenant dyed seised in his demeasn as of fee; and so consequently the rents and pro∣fits of them, untill the heir, if he be of age, do his homage, if he be under years, untill he come to years. See Stawnf. praerog. capite tertio, & Bracton, libro quarto, tract. 3. cap. prim.

Primo beneficio. See Beneficio.

Prince (Princeps) is a French word, and taken with us diversly, sometime for the King himself, but more properly for the Kings eldest son, who is Prince of Wales, as the eldest Son to the French King is called Dolphire, both being Princes by their nati∣vity. Master Fern in the glory of generosity, page 138. For Edward the first, to appease the tumultuous spirits of the Welch-men, who being the antient Indigene of this Land, could not in long time bear the yoak of us, whom they call Strangers, sent his wife be∣ing with child into Wales. VVhere at Car∣narvan she was delivered of a Son, thereupon called Eaward of Carnarvan, and afterward asked the VVelsh-men, seeing they chought much to be governed by strangers, if they would be quietly ruled by one of their own nation; who answering him, Yea: Then quoth he, I will appoint you one of your own Country-men, that cannot speak one word of English, and against whose life you can take no just exception: and so named un∣to them his son born in Carnarvan not long

before. From which time it hath continued, that the Kings eldest Son (who was before called Lord Prince, St ronf. praerog. cap. 22. fol. 75.) hath been called Prince of Wales. Stowes Annals pag. 303. See anno vicesimo septimo Henrici octavi, cap. 26. et anno 28 ejusdem cap. 3.

Principality of Chester, anno 21 Rich. 2. cap. 9. See County palatin••, and Cromptons divers jurisdictions, fol. 137.

Prior perpetual, or dative et removeable, an. 9 R. 2. cap. 4. and anno 1 Ed. 4. cap. 1. paulo ante finem. Lord prior of Saint Johns of Jeru∣salem, anno 26 H. 8. cap. 2.

Priors aliens (Priores alieni) were cer∣tain religious men, born in France, and go∣vernours 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 ob∣tained by him in France, and therefore sup∣pressed. Whose livings afterwards by Hen∣ry the sixth, were given to other Monaste∣ries, and houses of learning. Stowes Annals, pag. 582. See anno 1 H. 5. cap. 7. but especi∣ally to the erecting of those two most famous colleges, called the Kings Colleges of Cambridge and Faton.

Priority (prioritas) signifieth in our com∣mon law, an antiquity of tenure in compari∣son of another not so antient. As to hold by priority, is to hold of a Lord more antient∣ly than of another. Old nat. br. fol. 94. So to hold in posteriority, is used by Stawnf. praerog. cap. 2. fol. 11. And Crompton in his juris∣diction fol. 117. useth this word in the same signification. The Lord of the priority shall have the custody of the body; &c. fol. 120. If the tenent hold by priority of one, and by posteriority of another, &c. To which effect see also Fitzh. nat. br. fol. 142. Bartolus in his Tractate, de insigniis et armis, useth these very words, prioritas et posteriori∣tas, concerning two that beat one coat ar∣mour.

Prisage, seemeth to be that custome or share, that belongeth 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 1 H. 8. cap. 5. is a word almost out of use, now called But∣lerage, it is a custome whereby the Prince challengeth out of every bark loaden with wine, containing less than forty tun, two tun of wine at his price.

Prise (prisa) commeth of the French (prenare, i. capere) It signifieth in our Sta∣tutes, the things taken by purveyours, of the Kings subjects. As anno 3 Edw. 1. cap. 7. et anno 28 ejusdem stat. 3. cap. 2. It signi∣fieth also a custome due to the King, anno 25 ejusdem cap. 5. Register origin. folio 117. b.

Prisoner (priso) commeth of the French prisonn••er, and signifieth a man restrained of his liberty upon any action civil or crimi∣nal, or upon commandement. And a man may be prisoner upon matter of Record, or matter of fact: prisoner upon matter of re∣cord is he, which being present in Court, is by the Court committed to prison, only upon an arest, be it of the Shyreeve, Constable, or other. Stawnf. pi. cor. li. pri. ca. 32. fo. 34, et 35.

Privie, commeth of the French (privè, i. familiaeris) and signifieth in our Common law, him that is partaker, or hath an interest in any action, or thing: as privies of bloud, Old nat. br. fol. 117. be those that be linked in consanguinity. Every heir in tayl is privy to recover the land intayled, eodem fol. 137. No privity was between me and the tenent, Littleton fol. 106. If I deliver goods to a man to be carried to such a place, and he after he hath brought them thither, doth steal them, it is felony: because the privity of delive∣ry is determined, as soon as they are brought thither. Stawn. pl. co. lib. prim. cap. 15. fol. 25. Merchants privy be opposite to Mer∣chants strangers, anno 2 Edw. tertii, cap. 9. & cap. 14. & anno ejusdem, stat. 2. cap. 3. The new Expositour of law-terms maketh divers sorts of privies: as privies in estate, privies in deed, privies in law, privies in right, and privies in blood. And see the examples he giveth of every of them. See Perkins Con∣ditions, 831, 832, 833. and Sir Edward Cook lib. 3. Walkers case, fol. 23. a. & lib. 4. fol. 123. b. & 124. a. where he maketh four kinds of privies, viz. privies in bloud, as the heir to his Father, &c. privies in re∣presentation, as executors or administratours to the deceased: privies in estate, as he in the reversion, and he in the remainder, when land is given to one for life, and to another in fee: the reason is given by the Expositour of law-terms, for that their estates are created both at one time. The fourth sort of privies are privies in te∣nure: as the Lord by escheat: that is, when the land escheateth to the Lord for want of heirs, &c.

Privy seal (privatum sigillum) is a seal that the King useth sometime for a warrant, whereby things passed the privy signet and brought to it, are sent farther to be con∣firmed by the great Seal of England: some∣time

for the strength or credit of other things written upon occasions more transitory and of less continuance, than those be that pass the great seal.

Privilege (privilegium) is defined by Ci∣cero in his Oration pro domo sua, to be lex pri∣vata homini irrogata. Frerotus in paratit lis ad titulum decretal••um de privilegiis thus de∣fineth it: privilegium est jus singulare, hoc est, privata lex quae uni homini, vel loco, vel Collegio, & similibus aliis conceditur: cap. priv legia, distinct. 3. priva enim veteres dix∣ere quae nos singula dicimus. Infit Agellius, li. 10. ca. 20. Idiòque privilegia, modò be∣neficia, modò personales constitutiones dicun∣tur, &c. It is used so likewise in our Common law, and sometimes for the place, that hath any special immunity. Kitchin, fo. 118. in the words: where debters make feigne dgifts and feoffments of their land, and goods to their friends, and others, and betake themselves to privileges, &c. Privilege is either personal or real: a personal privilege is that, which is granted to any person, either against, or be∣side the course of the Common law: as for example, a person called to be one of the Parliament, may not be arested, either himself, or any of his attendance, du∣ring the time of the Parliament. A pri∣vilege real is that, which is granted to a place, as to the Universities, that none of either may be called to Westminster hall, upon any contract made within their own precincts. And one towards the Court of Chancery cannot originally be called to any Court but to the Chancery, cer∣tain cases excepted. If he be, he will remove it by writ of Privilege grounded upon the statute anno 18 Edward the third, See the new book of Entries, verbo Privi∣lege.

Probat of Testaments (probatio testamento∣rum) is the producting, and insinua∣ting of dead mens Wills before the eccle∣siastical Iudge, Ordinary of the place, where the patty dyeth. And the Or∣dinary in this case is known by the quan∣tity of the goods, that the party deceased hath out of the Dioces, where he depart∣ed. For if all his goods be in the same Dioces, then the Bishop of the Dioces, or the Arch-deacon (according as their composi∣tion, or prescription is) hath the probat of the Testament: if the goods be dispersed in divers Dioceses, so that there be any sum of note (as five pounds ordinarily) out of the Dioces where the party led his life: then is the Archbishop of Canterbury the ordinary in this case by his prerogative. For whereas in old time, the will was to be proved in eve∣ry Dioces, wherein the party deceased had any goods: it was thought convenient both to the subject, and to the Archiepiscopal See, to make one proof for all before him, who was and is of all the general ordinary of his Province. But there may be antiently some composition between the Archbishop and an inferiour ordinary, whereby the sum that maketh the prerogative is above five pound. See Praerogative of the Archbishop. This probat is made in two sorts, either in common form, or pertestes. The proof in common form, is only by the oath of the ex∣ecutor, or party exhibiting the Will, who sweareth upon his credulity, that the Will by him exhibited, is the last Will and Testament of the party deceased. The proof per testes is when over and beside his oath, he also pro∣duceth witnesses, or maketh other proof, to confirm the same, and that in the presence of such as may pretend any interest in the goods of the deceased, or at the least in their absence, after they have been lawfully sum∣moned to see such a Will proved, if they think good. And the later course is taken most commonly, where there is fear of strife, and contention between the kindred or friends of the party deceased about his goods. For a VVill proved only in common form, may be called into question any time within thirty years after by common opinion, before it work prescription.

Procedendo, is a writ whereby a plee, or cause formerly called from a base Court to the Chancery, Kings bench, or Common plees, by a writ of privilege or certiorare, is released, and sent down again to the same Court, to be proceeded in there, after it appeareth that the Defendant hath no case of privilege, or that the matter comprised in the Bill, be not well provided, Brook, hoc titulo, and Terms of the law: Cook vol. 6. fol. 63. a. See an. 21 R. 2. ca. 11. in fine, letters of proceden∣do, granted by the Keeper of the privy seal. See in what diversity it is used in the table of the original Register, and also of the Iu∣dicial.

I••roces (processus) is the manner of pro∣ceeding in every cause, be it personal, or real, civil, or criminal, even from the origi∣nal writ to the end. Britton fol. 138 a. where∣in there is great diversity, as you may see in the table of Fitz. nat. br. verbo Proces, and Brooks Abridgement, hoc titulo. And where∣as the writings 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 given, because it is the beginning, or the principal part there∣of, by which the rest of the business is di∣rected, according to that saying of Aristotle,〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

Divers kinds of Proces upon Inditements before Iustices of the peace, See in Cromp∣tons Justice of peace, fol. 133, b. 134.135. But for orders sake, I refer you rather to M. Lambard is his tractat of Processes adjoin∣ed to his Eirenarcha, who according to his subject in hand, divideth criminal Proces, either into Proces touching causes of treason, or felony, and Proces touching inferiour offences: the former is usually a capias, ca∣pias aliàs, & exigifacia••. The second is ei∣ther upon inditement, or presentment, or in∣formation: that upon inditement or pre∣sentment, is all one, and is either general, and that is a venire facias, upon which if the party be returned sufficient, then is sent out a Distringas infinitè untill he come: if he be returned with a Nihil babet, then issueth out a Capias, Capias aliis, Capias pluries, and lastly, an Exigi facias. The special proces is that, which is especially appointed for the offence by statute. For the which he referreth his reader to the eighth chapter of his fourth book, being very different.

Processum continuando, is a writ for the continuance of a Proces after the death of the chief Iustice, in the writ of oyer and terminer. Register original. fol. 128. a.

Prochein amy (proximus amicus, vel pro∣pinquier) is word for word, a neer friend. It is used in our Common law, for him that is next of kinne to a child in his nonage, and is in that respect allowed by law, to deal for him in the managing his affairs: as to be his Guardian, if he hold of any in socage, and in the redresse of any wrong done unto him, be it by his Guardian, if he be ward, and hold in Chivalry, or any others. Stat. West. pri. cap. 48. 3 Ed. pri. and Westm. 2. cap. 15. anno 13 Ed. pri.

Profe, aliàs Prove, is used for an Enquest, anno 28 Ed. 3. cap. 13.

Proclamation (Proclamatio) signifieth a notice publickly given of any thing, whereof the King thinketh good to advertise his sub∣jects. So it is used anno 7 Rich. 2. cap. 6. Proclamation of rebellion is a publick notice given by the officer, that a man not appear∣ing upon a Subpoena, nor an attachment, in the Starchamber or Chancery, shall be repu∣ted a rebel, except he render himself by a day assigned, Cromptons jurisd. fol. 92. See Commission of rebellion.

Proclamation of a fine, is a notize open∣ly and solemnly given at all the Assises, that shall be holden in the County within one year after the ingrossing of the fine; and not at the four general quarter sessions. And these Proclamations be made upon transcripts of the fine, sent by the Iustices of the common plees, to the Iustices of Assise, and the Iustices of peace. West. part. 2. symbo. titulo Fines sect. 132. where also you may see the form of the Proclamation. Proclamare est palam, et valde clamare, used by Tully, Livie, and the Civilian. π. Quibus ad liberta proclamare non licet. And Proclamator signifieth him qui litem in∣tendit, vel causamagit. Cicero de oratore, lib. pri. Non enim causidicum nescio quem, neque proclama••orem, aut rebulam hoc sermone con∣quirimus, &c. I read in Fitz. nat. br. fol. 85 C. that the Kings proclamation is suffici∣ent to stay a subject from going out of the Realm. See the force of proclamations in an. 31 H. 8. c. 8. see also proclamations in divers ca∣ses. New book of Entries. verb. Proclamations.

Proctors of the Clergy (procuratores cleri) are those which are chosen and appointed to appear for Cathedral, or other Collegiate Churches, as also for the common Clergy of every Dioces, at the Parliament, whose choise is in this sort. First, the King directeth his writ to the Arch-bishop of each Province for the summoning of all Bishops, Deans, Arch-deacons, cathedral and collegiat chur∣ches, and generally of all the Clergy of his Province, after their best discretion and judgement, assigning them the time and place in the said writ. Then the Arch-bi∣shops proceed in their accustomed course. One example may serve to shew both. The Arch-bishop of Canterbury upon his writ re∣ceived, directeth his letters to the Bishop of London as his Dean provincial, 1 sect. statui∣mus de poenis & verb. tauquam in glos. first citing himself peremptorily: and then wil∣ling him to cite in like manner all the Bi∣shops, Deans, Arch-deacons, cathedral and collegiate churches, and generally all the Clergy of his Province to the place, and a∣gainst the day prefixed in the writ. But di∣recteth withall that one Proctor sent for e∣very cathedral or collegiate Church, and two for the body of the inferiour Clergy of each Dioces may suffice. And by vertue of these Letters authentically sealed, the said Bishop of London directeth his like Letters severally to the Bishop of every Diocesse of the Province, citing them in like sort, and commanding them not only to appear, but

also to admonish the said Deans, and Arch-deacons personally to appear, and the Cathe∣drall and collegiat Churches, as also the common clergy of the Diocesse to send their Proctors to the place, and at the day appoin∣ted; and also willeth them to certifie the Archbishop the names of all and every so monished by them, in a Shedule annexed to their Letters certificatory. The Bishops proceed accordingly, and the Cathedrall and collegiat Churches, as also the Clergy make choise of their Proctors: which done, and certified to the Bishop, he returneth all answerably to his charge at the day. These Proctors of the Clergy, howsoever the case of late daies is altered, had place and suf∣frage in the lower house of Parliament, as well as the Knights, Citizens, Barons of the Cinque ports, and Burgesses. For so it plainly appeareth by the statute anno 21 R. 2. cap. 2. & cap. 12. And sithence they were remo∣ved, the Church hath daily grown weaker and weaker: I pray God that in short time she famish not, but that her liberties be better maintained.

Procurator, is used for him that gathereth the fruit of the benefice for another man. anno 3 R. 2. stat. 1. cap. 2. And procuracy is used for the specialty, whereby he is autho∣rized. Ibid. They are at this day in the West parts called Proctors.

Profer (profrum vel proferum) is the time appointed for the accompts of Shyreves, and other officers in the Exchequer, which is twice in the year, anno 51. H. 3. statute quins. And it may be gathered also out of the Regist. fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo. I read also of profers, anno 32 H. 8. cap. 21. in these words: Trinity term shall begin the Mon∣day next after Trinity Sunday, whensoever it shall happen to fall, for the keeping of the essoynes, profers, returns, and other ceremo∣nies heretofore used and kept. In which place (profer) seemeth to signfie the offer or indeavour to proceed in action by any man, whom it concerneth so to do. See Britton. cap. 2. fol. 50. b. & 55. a. & fol. 80. b. and Fleta lib. 1. cap. 38. sect. Utlagati et seq.

Profer the half mark. See Half mark.

Profession (professio) is in the Common law, used particularly for the entring into any religious Order of Friers, &c. New book of Entries, verbo Profession.

Profits apprender. See Prender.

Prohibition (prohibitio) is a writ framed for the forbidding of any Court, either spi∣ritual or secular, to proceed in any cause there depending, upon suggestion, that the cognition thereof belongeth not to the said Court. Fitz. nat. br. fol. 39. G. but is most usually taken, especially in these daies, for that writ which lyeth for one that is im∣pleaded in the Court Christian, for a cause belonging to the temporal jurisdiction, or the cognisance of the Kings court, whereby as well the party and his Councel, as the Iudge himself, and the Register, or forbid∣den to proceed any farther in that cause: for that it appertaineth to the dis-inheritage to the Crown of such right as belongeth unto it. In how many cases this lyeth, see Broke hoc titulo, and Fitz. na. br. fol 93. & seq. This writ, and the praemunire, might in these daies well be spared: for they were helps to the Kings inheritance and Crown, when the two swords were in two divers hands. Whereas now both the Iurisdictions being setled in the King, there is small reason of either, except it be to weary the subject by many quirks and delays, from obtaining his right: of this prohibition, you may read Bracton also lib. 5. tract. 5. cap. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12. who saith, that it lyeth not after sentence given in any cause, however the case is altered: and again, the statute made, anno 50 Ed. 3. which ordaineth, that above one Prohibition should not lye in one cause. See the diversity of prohibitions in the table of the original Regist. See the new book of Entries, verbo Prohibition, and Fitz. na. br. fol. 39.

Prohibtio de vasto directa parti, is a writ judicial directed to the tenent, and prohibi∣ting him from making waste upon the land in controversie, during the sute. Register judi∣cial, fol. 21. It is sometime made to the Shyreeve, the example whereof you have there next following.

Pro indiviso, is a possession, and occu∣pation of lands, or tenements belonging un∣to two or more persons, whereof none knoweth his several portion, as coparceners before partition. Bracton lib. 5. tracta. 2. cap. pri. nu. 7.

Prolocutour of the Convocation house (pro∣locutor domus convocationis) is an officer cho∣sen by persons Ecclesiastical publikely assem∣bled by the Kings writ at every Parliament. And as there be two houses of Convocations so be there two prolocutors, one of the high∣er house, the other of the lower house, who, presently upon the first Assembly, is by the motion of the Bishops, chosen by the lower house, and presented to the Bishops for their

prolocutour, that is, the man by whom they mean to deliver their resolutions to the high∣er house, and to have their own house especi∣ally ordered and governed. His office is to cause the Clerk to call the names of such as are of that house, when he sees cause, to cause all things propounded to be read by him, to gather the suffrages, and such like.

Promoters, (promotores) be those which in popular and penall actions do defer the names, or complain of offenders, having part of the profit for their reward. These were called among the Romans, Quadru∣platores, or Delatores. They belong especi∣ally to the Exchequer and the Kings bench. Smith de repub. Angl. li. 2. ca. 14.

Pro patribus liberandis, is a writ for the partition of lands between co-heirs, Register original, fol. 316.

Prophecies (prophetiae) be in our common law, taken for wisardly foretellings of mat∣ters to come, in certain hidden and enigmati∣cal speeches. Whereby it falleth out many times, that great troubles are stirred in our Common-wealth, and great attempts made by those, to whom the speech framed, either by the description of his cognisance, arms, or some other quality, promiseth good suc∣cesse, anno 3 Ed. 6. cap. 15. & anno 7 ejus∣dem, cap. 11. & anno 5 Elizab. ca. 15. But these for distinctions sake are called false, or phantastical prophecies.

Property (proprietas) signifieth the high∣est right that a man hath or can have to any thing, which is no way depending upon any other mans courtesie. And this none in our Kingdome can be said to have in any lands or tenements, but only the King in the right of his Crown. Because all the Lands through the Realm, are in the nature of fee, and do hold either mediately or immediately of the Crown. See Fee. This word never∣thelesse is in our Common law used for that right in lands and tenements, that com∣mon persons have, because it importeth as much as (utile dominium) though not (di∣rectum.)

Proprietate probaenda, is a writ. See the original Regist. fol. 83. a. & 85. b. It lyeth for him, that will prove a property before the Shyreeve. Brooks Property. 1. For where a property is alleged, a replegiare lyeth not. Idem ibidem.

Proprietarie (proprietarius) is he that hath a property in any thing, but is most nototi∣ously used for him, that hath the fruits of a be∣nefice, to himself and his heirs or succes∣cessors, as in time past Abbots and Priors had to them and their Successors. See Appro∣priation.

Pro rata portionis. See Onerando prorata por∣tionis.

Proection (protectio) hath a general and special signification. In the general it is used for that benefit and safety, that every subject or Denizen, or alien specially secured, hath by the Kings laws. And thus it is used, an. 25 Edw. tertii, capite 22. Protection in the special signification is used for an exemption, or an immunity given by the King to a person, against sutes in law, or other vexations, upon reasonable causes him thereunto moving, which I take to be a branch of this preroga∣tive. And of this protection, Fitzh. maketh two sorts in his nat. br. fol. 28. The first form or sort he calleth a protection, cum clausula, Volumus, whereof he mentioneth four particulars; A protection, quia pro∣fecturus, for him that is to passe over sea, in the Kings service: A protection quia mo∣ratur, for him that is abroad in the Kings service upon the sea, or in the marches, anno 7 H. 7. cap. 2. A protection for the Kings debter, that he be not sued or attached untill the King be payed his debt; See anno 15 Ed. 3. This some Civilians call moratori∣am: which see In singularibus Marantae, verb. Princeps, p. 79. col. 2. And a protection in the Kings service beyond the seas, or on the marches of Scotland: whereof you may read something anno 1 R. 2. cap. 8. See the Regist. orig. fol. 23. and Britton, cap. 123. The se∣cond form of protection, istermed cum cl••usu∣la, Nolumu••: which is granted most comonly to a spiritual company for their immunity from taking of their cattel by the Kings ministers. But it may be granted also to one man spiri∣tual or temporal. Of these things read the same Author: and the forms of these writs. See also in the Register Original, fol. 22. & 23. And see the new expositour of law terms, to what action the Kings protection doth not extend. See also the new book of Entries, verbo protection.

Protonotarie, (protonotarius) See Preig∣netary.

Protestation (protestatio) is (as Justice Walsh defineth it) a defence of safegard to the party, which maketh it from being con∣cluded by the act he is about to do, that is∣sue cannot be joyned upon it. Plowden, fol. 276. b. whereof see the Regist. orginal, fol. 306. b. And see Protest.

Protest (protestari) hath two divers ap∣plications, 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 unto pro∣ceeding of a Iudge in a Court, wherein his jurisdiction is doubtfull, or to answer upon his oath farther than he by law is bound. See Plowden, casu G••esbroke, fol. 276. b. and the Register original, fol. 306. b. Another is by way of complaint to protest a mans bill: For example, if I give mony to a merchant in France, taking his Bill of Exchange to be repayed in England, by one whom he as∣signeth me, if at my comming I find not my self satisfied to my contentment, but either delayed or denyed, then I go into the burse or some open concurse of Merchants, and pro∣test that I am deceived by him. And there∣upon if he hath any goods remaining in any mans hands within the Realm, the Law of Merchants is, that I be paid out of them.

Prouver (Probator.) See Approuver, anno 5 H. 4. cap. 2. See Approvours.

Province (Provincia) was used among the Romans for a Country without the compasse of Italy, gained to their subjection by the sword, whereupon the part of France next the Alpes was so called of them, when it was in their dominion, and of that carrieth the same name at this present: But with us a Pro∣vince is most usually taken for the circuit of an Archbishops Iurisdiction, as the Pro∣vince of Canterbury, and the Province of York, anno 32 H. 8. ca. 23. & anno 33 ejusdem, cap. 31. yet it is used divers times in our statutes for several parts of the Realm.

Provincial (provincialis) is a chief gover∣vernor of an order of Friers, anno quar. Hen. quar. cap. 17.

Protoforesta••ius, was he whom the antient Kings of this Realm made chief of Wind for Forest, to hear all causes of death, or may∣hem, or of slaughter, or of the Kings Deer within the Forest. Camden Brit. pag. 213. See Justice of the Forest.

Prove. See Profe.

Provision (proviso) is used with us, as it is used in the Canon law, for the providing of a Bishop, or any other person of an Ec∣clesiastical living, by the Pope, before the Incumbent be dead. It is also called gratia expectativa, or Mandatum de providendo. The great abuse whereof in the Pope through all Christendome heretofore, you may read, not only in Duarenns de sacris ecclesiae ministeriis, & beneficiis, l. 3. cap. 2. but also for Eng∣land particularly, in divers statutes of the Realm. viz. anno 35 Ed. 3. cap. 22. stat. 4. & statu. 5. commonly called the statute de provisionibus, & anno 27 ejusdem, cap. 1. & anno 38 ejusdem stat. 2. cap. pri. & 2, 3, 4. & anno 38 ejusdem, & anno 2 Rich. 2. cap. 7. & anno 3 ejusdem, cap. 3. & anno 7 ejusdem, cap. 12. & anno 12 ejusdem, cap 15. & anno 13 ejusdem, stat. 2. cap. 2, & 3. & anno 16 ejusdem, cap. 5. & anno 2 Henr. 4. cap. 3, et 4. et anno 5 ejusdem, cap. prim. et anno 7 ejus∣dem, cap. 6, et 8. et anno 9 ejusdem, cap. 8. & anno 3 Henr. 5. cap. quar. See Praemu∣nire.

Provisour (Provisor) is he that sueth to the court of Rome for a provision, Old nat. br. fol. 143. See Provision.

Proviso, is a condition inserted into any deed, upon the observance whereof the va∣lidity of the deed consisteth, which form of condition seemeth to be borrowed from France, for, Pourvieu Gallicum semper condi∣tionem inducit. Tiraquel. tome 3. pag. 316. Our common Lawyers say, that it sometime signifieth but a covenant, whereof you have a large dispute in the second Book of Sir Ed∣ward Cooks Reports in the Lord Cromwels case. It hath also another signification in matters Iudicial: as if the Plaintiff or demandant desist in prosecuting an action, by bringing it to a tryal, the defendant or tenent may take out the venire factas to the Shyreeve: which hath in it these words, Proviso quòd, &c. to this end, that if the Plaintiff take out any writ to that purpose, the Sheriff shall summon but one Iury upon them both. See Old natura brev. in the writ Nisi prius, fo. 159.

PU

Purchas. See Pourchas.

Purfles of a womans gown, anno 33 H. 8 cap. 5.

Purgation (purgatio) is a clearing of a mans self from a crime, whereof he is pro∣bably and publiquely suspected, and thereof denounced to a Iudge. Of this there was great use in England, touching matter of Felony imputed to Clerks in former time, as appeareth by Stawnf. pl. cor. li. 2. cap. 48. See Clergy. It is still observed for matter pertaining to the Ecclesiastical court, as su∣spicion, or common fame of incontinency, or such like. Purgation is either Canonical (canonica) or vulgar (vulgaris) Canonical is that which as prescribed by the Canon law: The form whereof is usually in the Spiritual court, the man suspected taking his oath that he is clear of the fault objected, and bringing so many of his honest Neighbours, being not above twelve, as the court shall as∣sign him, to swear upon their consciences

and credulity, that he sweareth truly, or hath taken a true oath. Vulgar purgation was by fire or water, or by combat, used by infidels and Christians also, untill by the Canon law it was abolished, tit. 15. depurgatione Ca∣non. et vulga. in Decretalibus. Combat, though it be lesse in use than it was, yet it is, and may be still practised by the Laws of the Realm, in cases doubtfull, if the defendant chu••e rather the combat than other tryal. See Ordell. See Combat.

Purlue, is all that ground near any Fo∣rest, which being made Forest by Henry the second, Richard the first, or King John, were by perambulation granted by Henry the third, severed again from the same. Man∣wood parte 2. of his Forest laws, cap. 20. And he calleth this ground either pouralce. i. per∣ambulationem, or purliu, purluy, which he saith, be but abusively taken for pourallee, ubi supra, num. 3. But with the licence of that industrious and learned Gentleman, I am bold to say, that this word may be no less fitly made of two French words, (pur, i. pu∣rus) and (lieu, i. locus) and my reason is, because that such grounds as were by those Kings subjected to the Laws and Ordinances of the Forest, are now cleared and freed from the same: for as the Civilians call that purum locum, qui sepulchrorum reli••ioni non est ob∣strictus: sect. 9. de reruus divisin institution. so no doubt, in imitation of that very point, our auncestors called this purlieu, i. purum locum, because it was exempted from that servitude or thraldome that was formerly layd upon it. So ager purus est, qui neque sacer, neque sanctus, neque religiosus, sed ab omnibus hujusmodi nominibus vacare videtur, lib. 2. sect. 4. π. de religio, et sumptibus fune∣rum. And therefore Master Crompton: Pur∣raile is not much amisse, fol 153. of his Iu∣risdict. because we may also derive it from the French words, pur and allee, that is as much as to say, as a clear or a free walk or passage. And where it is some∣time called Pouralee, that may and doth come from pur, and alee, i. itio, profectio, ambulatio: because he that walketh or courseth within that compasse, is clear enough from the laws or penalties incurred by them which hunt within the precincts of the Forest. See the sta∣tute, anno 33 Edw. prim. stat. 5.

Pourlie man, is he that hath ground with∣in the purlieu, and being able to dispend forty shillings by the year of Freehhold, is upon these two points licensed to hant in his own purlieu: Manwoo•• parte 1 of his Forest laws, pag. 151 and 157. but what observati∣ons he must use in his hunting, see him, pag. 180, 181, 186. See him likewise, parte 2. ca. 20. num. 5, 8, 9, &c. See Purlieu.

Purpresture, See Pourpresture.

Pursey, anno 43 Eliz. cap. 10.

Purswivant, See Poursuivant.

Purveyours. See Pourveyours.

Pyker, aliàs Pycar, a kind of ship: anno 31 Edw. 3. stat. 2. cap. 2.

Q

QUadragesima, is the first Sunday in Lent, so called (as I take it) because it is the four∣tieth day before Easter. The sunday before that is Quinquagesima: the second before, Sex∣agesima; the third septuagesima.

Quae plura is a writ that lyeth where an in∣quisition hath been made by an Escheator in any county, of such Lands or Tenements as any man dyed seised of, and all that was in his possession be not thought to be found by the office. The form whereof see in the Register original, fol. 293. and in Fitz. nat. br. fol. 255. It differeth from the writ called melius inquirendo. as Fitzh. there sayth, because this is granted, where the Escheator formerly proceeded by vertue of his office: and the other, where he found the first of∣fice by vertue of the writ called Diem clausit extremum. See the new Book of Entries, verbo Quae plura.

Querens non invenit plegium, is a return made by the Sheriff, upon a writ directed unto him, with this condition inserted: Si A. fecsrit B. securum de loquela sua prose∣quenda, &c. Fitzherbert, Nat. brev. fol. 38. o.

Quae servitia is a Writ. See per quae servitia.

Quale jus is a writ judicial that lyeth where a man of religion hath judgement to recover Land, before execution be made of the judgement, for this writ must between Iudgement and execution, go forth to the Escheator, to enquire whether the religious person hath right to recover, or the judge∣ment is obtained by collusion between the Demandant and the Tenant, to the intent that the true Lord be not defrauded. See Westm. 2. Cam. 32. Cum Viri religiosi, &c. The form of this writ you may have in the Register judicial, fol. 8, 16, 17, et 46. And in the Old nat. br. fol. 161. See the new book of Entries, verbo, Quale jus.

Quare ejecit infra terminum, is a writ that

lyeth for a Leassee, in case where he is cast out of his Ferm before his term be expired, against the Feoffee or leassour that ejecteth him. And it differeth from the Ejectione fir∣ma, because this lyeth where the leassor after the lease made infeoffeth another, which ejecteth the leassee. And the Ejectione fir∣ma lyeth against any other stranger that e∣jecteth him. The effect of both is all one, and that is, to recover the residue of the term. See Fitzh. nat. brev. fo. 197. See the Regi∣ster original, fol. 227. And the new book of Entries, verbo, Quare ejecit infra terminum.

Quare impedit is a writ that lyeth for him who hath purchased a mannor, with an ad∣vowsen thereunto belonging, against him that disturbeth him in the right of his ad∣vowsen, by presenting a Clerk thereunto when the Church is void. And it differeth from the writ called Assisa ultimae praesenta∣tionis; because that lyeth where a man or his Ancestors formerly presented, and this for him that is the purchasor himself. See the Ex∣positour of the terms of the Law, and Old nat. brev. fol. 27. Bracton, lib. 4. tractat. 2. cap. 6. Britton, ca. 92. and Fitzh. nat. br. fol. 32. and the Register original, fol. 30. where it is said, That a Quare impedit is of a higher nature than Assisa ultimae praesentationis, be∣cause it supposeth both a possession and a right. See at large the new Book of Entries, verbo, Quare impedit.

Quare incumbravit, is a writ that lyeth a∣gainst the Bishop, which within six months after the vacation of a Benefice, conferreth it upon his Clerk, whilest two others be con∣tending in law for the right of presenting. Exposition of the Terms of Law, Old nat. br. fol. 30. and Fitzh. nat. br. fol. 48. Regist. ori∣gin. fo. 32..

Quare intrusit matrimonio non satisfacto, is a writ that lyeth for the Lord against his Tenant being his Ward, that after cove∣nable mariage offered him, marieth another, and entreth neverthelesse upon his Land, without agreement first made with his Lord and Gardian. Terms of the Law.

Quare non permittie, is a writ that lyeth for one that hath right to present for a turn a∣gainst the Proprietary. Fleta, lib. 5. cap. 16.

Quarentine (quarentina) is a benefit al∣lowed by the Law of England, to the widow of a landed man deceased, whereby she may challenge to continue in his capital messuage or chief Mansion house by the space of forty daies after his decease. Of this see Bracton, lib. 2. ca. 40. And if the heir or any other attempt to eject her, she may have the writ De Quarentina habenda, Fitzh. nat. brev. fo. 161. See anno 9 H. 3. cap. 7. and anno 20. cap. 1. and Britton, cap. 103. M. Skene de verborum significatione, verbo Quarentina viduarum, deriveth this word from the French quaresme. Who also have this cu∣stome called lo quaeresme des refues granted to widows after the decease of their husband: as he proveth out of Papon in his Arests, lib. 15 titulo des dots. cap. 7. and li. 10. tit. Sub∣stitutiones, cap. 30. Of this read Fleta also, lib. 5. cap. 23.

Quarentina habenda, is a writ that lyeth for a widow to enjoy her Quarentine. Regi∣ster original fo. 175.

Quare non admisit, is a writ that lyeth a∣gainst the Bishop, refusing to admit his Clark that hath recovered in a plee of advowsen. The further use whereof see in Fitz. nat. br. fo. 47. and Register origin. fo. 32. See the new book of Entries, verbo quare non admisit.

Quare obstruxit, is a writ that lyeth for him who having a servitude to passe through his Neighbours ground, cannot enjoy his right, for that the owner hath so strengthned it. Fleta li. 4. cap. 26 sect. Item si minus.

Quarter Sessions: is a Court held by the Iustices of Peace in every County, once eve∣ry quarter. The jurisdiction whereof how far it exceedeth, is to be learned out of M. Lamberts Eirenarcha. Sir Thomas Smith, de republ. Angl. li. 2. cap. 19. But to these you may adde the late Statutes of the Realm, for their power daily encreaseth. Originally it seemeth to have been erected only for mat∣ters touching the peace. But in these days it extendeth much further. That these Sessions should be held quarterly, was first of all or∣dained (so far as I can learn) by the statute anno 25 E. 3. statut. 1. cap. 8. Of this read Lamberts Eirenarcha, the fourth book throughout, where he setteth them out both learnedly and at large.

Quash (quassare, commeth of the French quasser, i. quassare, conquassare, It signifieth in our Common Law, to overthrow: Bracton lib. 5, tractat. 2. cap. 3. nu. 4.

Quecbord, anno 17 Ed. 4. ca. 2.

Que est mesme, signifieth verbatim, Which is the self same thing. It is used in our Common law as a word of art in an action of Trespasse, or of like nature, for a direct ju∣stification of the very act complained of by the Plaintiff as a wrong. For example, in an action of the case, the Plaintiff saith that the Lord threatned his Tenants at will in such sort, as he drave them to give up their te∣nures. The Lord for his defence pleadeth

That he said unto them, That if they would not depart, he would sue them as the Law would. This being the same threatning that he used, or to speak artificially que est le mesme, the defence is good. Of this see Kit∣chin in the chapter, que est le mesme, fol. 236. where you may have many like ex∣amples.

Que estate, word for word signifieth, quem statum. It signifieth in our Common law a plee, whereby a man entituling another to land, &c. saith, That the same estate he had, himself hath from him. For example, in a quare impedit the Plaintiff allegeth, That such four persons were seised of Lands, where∣unto the Advowsen in question was appen∣dant in fee, and did present to the Church, and afterward the Church was void, que e∣stat del, &c, that is, which estate of the four persons, he saith also, that he hath now during the vacation, by vertue where∣of he presently, &c. Brook titulo Que estate, fol. 175, & 176. But it is harder to know, when this Que estate is to be pleaded, than to understand what it is, as by him may ap∣pear. See the new book of Entries, verb. Que estate.

Queen (Regina) is either he that hold∣eth the Crown of this Realm by right of bloud, or else she that is maried to the King. In the former signification she is in all con∣struction the same that the King is, and hath the same power in all respects. In the other signification she is inferiour, and a person exempt from the King: for she may sue and be sued in her own name. Yet that she hath is the Kings, and look what she loseth, so much departeth from the King. Stawnf. praerog. cap. 2. fol. 10. in sine. See Kitchin, fo. 1. b. See Cook lib. 4. Copy-hold cases fo. 23. b. Angusta was the like among the Romans, howbeit not ejusdem juris in all things.

Queens silver, See Kings silver.

Quem redditum reddat, is a writ judicial that lyeth for him to whom a rent seck, or rent charge is granted, by fine levyed in the Kings court, against the Tenent of the land, that refuseth to atturn unto him, thereby to cause him to atturn. See Old nat. br. fo. 156. & west, part. 2. symbol. titulo Fines, sect. 125. See the new book of Entries, verb. quem reditum reddit.

Querela frosca fortiae, is a writ, See Fresh force.

Querela coram regi et consilio descutienda et terminanda, is a writ whereby one is called to justifie a complaint of a trespasse made to the King and himself before the King and his Councel, Regist origf 124 b.

Questus est nobis, &c. is the form of a writ of Nusance, which by the statute ax. 13 Ed 1. ca. 24. lyeth against him to whom the house or other thing that breedeth the Nusance, is alienated: whereas before that Statute, this action lay only against him that first levyed the thing to the hurt of his Neighbour. See the Statute.

Quia improvide, seemeth to be a Super∣sedeas granted in the behalf of a Clark of the Chancery, sued against the privilege of that Court, in the Common plees, and persued in the exigend. See Dyerf. 33 n 18.

Quid juris clamat, is a writ judicial, is∣suing out of the Record of the fine, which remaineth with the Custos brevinm of the Common place, before it be ingrossed (for afterward it cannot be had) and it lyeth for the Grantee of a Reversion or Remainder, when the particular tenant will not atturn. West, parte 2. symb. tit. Fines, sect. 118. Whom see further. See the Register judicial, 36, 57. And the new book of Entries, Ver∣bis Quid juris clamat.

Quinquagesima Sunday, is alway the next Sabbath before Shrovetyde: so called because it is the fivetieth day before Easter. The rea∣son of this appellation whoso desireth to know, he may find divers such as they be, in Durandi rationali Divinorum, Capit. de Quin∣quagesima. Sexagesima Sunday is the next Sabbath before Quinquagesima, so called in the opinion of the said Author, because the number of sixty consisteth of six times ten: six having reference to the six works of mercy, and ten, to the ten Commandements. Septuagesima is the next before Sexagesimi, and is insti∣tuted and so called, as Durand likewise saith, for three things: and (to use his own words: Primò, propter redemptionem Sabbati, vel secundum alios, quinta furiae, in qua sancti patres stat ue∣runt jejunari. Secundo, propter repraesentati∣onem, quoniam repraesentat septuaginta annos captivitatis Babylonicae. Tertiò, propter sig∣nificationem, quoniam per hoc tempiis signifi∣catur deviatio, exilium, et tribulatio totius humani generis ab Adam usque ad finem mun∣di: quod quidem exilium sub revolutione sep∣tem dierum peragitur, et sub septem millibus annornm includitur. But of these three days you may read him at large, that have a mind to learn of him. I only take occasion to note, what time of the year they be, because I find them spoken of in our antient Law∣writers, as Brit. 23. and such like.

Quite claim (quiete clamantia, vel quieta cla∣mantia)

is a release or accquit••ing of a man for any Action that he hath, or might have against him. Bracton, li. 5. tract. 5. c. 9. nu. 9, li. 4. tract. 6. ca. 13. nu. pri.

Quittance (qutetantia) See Acquitance.

Quid pro quo, is an artificial speech in the Common law, signifying so much as the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 among the Civilians, which is a mutual protestation or performance of both parties to a contrnct: as a horse and ten pound between the buyer and the seller, Kit∣chin, fo. 184.

Quinsieme (decima quinta) is a French word signifying a fifteenth. It is used in our Common law, for a tax laid upon the sub∣jects by the Prince, anno 7 Hen. 7. ca. 5. So termed, because it is raised after the fifteenth part of mens Lands, or Goods. See Fif∣teenth, and Tax. The Fifteenth, as Cremp∣ton saith in his Jurisd. fol. 21. is levyed more commonly in these daies by the yards of Land: and yet in some places by goods also: and note also, that he there saith, that it is well known by the Exchequer Roll, what e∣very town through England is to pay for a fifteenth. Sometime this word qninsieme is u∣sed for the 15 day after any feast, as Quinsieme of Saint Johns Baptist, anno 13 Ed. prim. ca. 3. et anno decimo ostavo ejusdem capit. prim.

Quod ei def rceat, is a writ that lyeth for the tenent in tail, tenent in dower, or tenent for term of life, having lost by default, against him that recovered, or against his heir. Ex∣position of terms. See Brook hoc tit. See the Reg. origin. fo. 171. and the new book of Entries, verbo Quod ei deforceat.

Quod permittat, is a writ that lyeth for him that is disseised of his Commune of pa∣sture, against the heir of the disseisour being dead. Terms of the Law. Briton, cap. 8. saith, That this writ lyeth for him, whose Auncestour died seised of commune of pa∣sture, or other like thing annexed to his in∣heritance, against the Deforceour. See Brook hoc titulo. See the Register origin. fo. 155. and the new book of Entries, verbo Quod per∣mittat.

Quod Clerici non eligantur in officio ballivi, &c. id est, a writ that lyeth for a Clark, which by reason of some Land he hath, is made, or in doubt to be made either Bayliff, Bedell, or Reeve, or some such like offi∣cer. See Clerico infra sacres, &c. See the Regi∣ster orig. fol. 187. Fitzh. nat. br. fo. 175.

Quod Clerici beneficiati de Cancellaria, is a writ to exempt a Clark of the Chancery from contribution towards the proctors of the Clergy in Parliament. Register origin. fo. 261. a

Quòd persona, nec Praebendarti, &c. is a writ that lyeth for spiritual persons that are distreined in their spiritual possessions, for the payment of the fifteenth with the rest of the parish. Fitz. nat. br. fol. 176.

Quod non permittat. See Consuetudixibus, & servitiis.

Quo jure, is a writ that lyeth for him that hath land, wherein another challengeth commune of pasture time out of mind. And it is to compell him to shew by what title he challengeth this Commune of pasture. Fitz∣herberts natura brevium fo. 128. Of this see Briton more at large, cap. 59. See the Re∣gist. orig. fo. 156. and the new book of En∣tries, verbo Quo jure.

Quo minus, is a writ that lyeth for him that hath a Grant of House-bote and Hey-bote, in another mans woods, against the Granter making such waste, as the Grantee can∣not enjoy his grant, Old nat. br. fol. 148 Terms of law: see Brook, hoc titulo. See Kit∣chin, fol. 178. b. This writ also lyeth for the Kings Farmer in the Exchequer, against him to whom he selleth any thing by way of bargain touching his farm. Perkins Graunts, 5. For he supposeth that by the breach of the vendee he is disabled to pay the King his Rent.

Quo warranto is a writ that lyeth against him, which usurpeth any Fraunchis or liber∣ty against the King, as to have wayfe, stray, fair, market, court baron, or such like, without good title. Old nat br. fol. 149. or else against him that intrudeth himself as heir into Land, Bracton, lib. 4. tractat. 1. cap. 2. numb. 3. See Brook hoc titulo. You may read of this also anno 18 Ed. prim. Stat. 2, & 3. et anno 30 ejusdem. And the new book of Entries. Quo warranto.

R

RA

RAch vintage, anno 32 H. 8. c. 14. is a second vintage or voyage for wines by our Merchants into France, &c. For rackt wines, that is, wines cleansed and so pur∣ged that it may be and is drawn from the lees. From this voyage our Merchants commonly return about the end of Decem∣ber, or beginning of Ianuary.

Radknights. See Roadknights.

Ran, is a Saxon word, signifying so open a spoyling of a man, that it cannot be denyed. Lamb. Archan. fol. 125. defineth it thus, Ran dicitur aperta rapina, qua negari non potest.

Ransome (redemptio) commeth of the French (raacon) or (rencon) i. (redemptio) It signifyeth properly with us, the sum paid for the redeeming of a Captive: and some∣time a great sum of mony to be paid for the pardoning of some hainous crime. Anno pri. H. 4. cap. 7. Note, that when one is to make a Fine, and Ransome, the Ransome shall be treble to the Fine. Cromptons Ju∣stice of peace, fol. 142. a. and Lamb. Eire∣narch. lib. 4. cap. 16. pa. 556. Horn in his mirrour of Justices, maketh this difference between amerciament, and ransome, because ransome is the redemption of a corporal pu∣nishment, due by law to any offence, lib. 3. cap. de amerciament taxable.

Rape (rapus vel rapa) is a part of a Coun∣ty, signifying as much as a Hundred. As Southsex is divided into six parts, which by a peculiar name are called rapes, viz. the Rape of Chichester, of Arundel, of Brember, of Lewis, of Puensey, of Hastings. Cambden Britan. pag. 225. whom also see pag. 229. These parts are in other places called Ty∣things, Lathes, or Wapentakes. Smith de re∣pub. Angl. li. 2. ca. 16.

Rape (raptus) is a felony committed by a man in the violent deflowring of a woman, be she old or young, Briton ca. 1. whereof West parte 2. Symb. titulo Inditements, sect. 54, hath these words, Copulation violent, is termed a rape or ravishment of the body of a woman against her will: which is carnal knowledge had of a woman, who never con∣sented 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 praescribitur.) This offence is with us Felony in the principal, and his ayders, anno 11 Hen. 4. cap. 13. anno pri. Ed. 4. ca. 1. West 2. ca. 13. But Fleta saith, That the complaint must be made within forty daies, or else the woman may not be heard, Lib. 3. cap. 5. sect. praeterea. And carnal know∣ledge of a woman under ten years old, is fe∣lony, Anno 8 Elizabeth, ca. 6. Thus far Master West. Of the diversity of Rapes, see Cromptons Iustice of peace, fol. 43. b. and 44. See Ravishment. The Civil law useth raptus in the same signification. And rapere virginem vel mulierem, est ei vim inferre et vila re, Co. li. de raptu virginis.

Raptu••haeredis, is a writ lying for the ta∣king away of an heir holding in socage: and of this there be two sorts, one when the heir is maried, the other when he is not. Of both these see the Register original, fol. 163. b.

Rastall was a Lawyer of reverend account that lived in Queen Maries daies, and was a Iustice of the Common plees: he gathered the statutes of the Land into an abridgement, which carryeth his name at this day. He is also the Author of the new book of En∣tries.

Ratification (ratificatio) is used for the confirmation of a Clerk in a Prebend, &c. formerly given him by the Bishop, &c. where the right of patronage is doubted to be in the King. Of this see the Register original, fol. 304.

Rationabili parte bonorum, is a writ that lyeth for the wife, against the Executors of her Husband, denying her the third part of her Husbands goods, after debts, and funeral charges defrayed, Fitzh. nat. br. fo. 222. Who there citeth the eighteenth chapter of Magna Charta, and Glanvile, to prove that according to the Common law of England, the goods of the deceased, his debts first paid, should be divided into three parts, whereof his wife to have one, his chldren the second, and the executors the third. Fitzherbert saith also, that this writ lyeth also as well for the children as for the wife. And the same appeareth by the Regist. original, fol. 142. b. I have heard some learned men say, that it hath no use but where the custome of the Country serveth for it. See the new book of Entries, verbo Rationabili parte, & rati∣onabili parte bonorum.

Rationabilibus divisis, is a writ which lyeth in case, where two Lords in divers towns have their seigneuries joyning together, for him that findeth his waste by little and little to have been encroached upon within memo∣ry of man, against the other that hath en∣croached, thereby to rectifie the bounds of their Seigneuries. In which respect Fitz∣herbert calleth it in his own nature, a writ of right. The old Natura brevium saith also, that this is a Iusticies, and may be removed by a pone out of the County, to the Common bank. See further the form and use of this writ in Fitzherberts natura brevium, fo. 128. and in the Reg. fo. 157. b. and in the new book of Entries, verbo rationalibus divisis. The Civilians call this, Judicium finium re∣gundorum.

Ravishment (raptus) commeth of the French ravissement, i. direptio, ereptio, raptie, raptus, raptura; and signifyeth in our law, an unlawfull taking away either of a woman, of an heir in ward. Sometime it is used al∣so

in one signification with rape, viz. the vio∣lent deflowring of a woman. See Rape. And thereupon is the writ called ravishment de gard, otherwise called de haerede abducto lying for the Lord, whose tenent by reason of his tenure in Knights service being his ward, is taken and conveyed from him. See Fitz. nat. br. in the writ De recto de custodia, fo. 140. f. See also the old Nat. br. fo. 92, 93, & 94. See the new book of Entries, verb. Rape, & ravishment de gard.

Rawe, anno 4 Edw. 4. cap. 1.

Rawnge, commeth of the French (ranger i. astituere, ordinare) or else the substantive' rang, i. ordo, series.) It is used in our Common law both as a verb (as, to rawnge) and also as a substantive (as to make rawnge) Charta de Foresta, cap. 6. The word is appropriated to the Forest, signifying the office of the Rawn∣ger. The Rawnger is a sworn officer of the Forest, of which sort there seem to be twelve, Charta de foresta ca. 7. whose authority is partly declared in his oath, set down by M. Manwood, parte pri. of his Forest laws, page 50. in these words, You shall truly execute the office of a Rawnger in the Pur∣luise of B. upon the borders of the Kings Fo∣rest of W. you shall rechase and with your hound drive back again the wild beasts of the Forest as often as they shall raunge out of the same Forest into your Purlieuse. You shall truly present all unlawfull hunting, and hunters of wild beasts and venery, as well within the Purlieuse, as within the Forest. And these and all other offences you shall present at the Kings next court of Attach∣ments, or Swainmote, which shall first happen, so help you God; but the same Author setteth down his office more particularly in his se∣cond part, cap. 20. num. 15, 16, & 17. The sum whereof is this. A Rawnger is an Officer of the Forest, or to the Fo∣rest, but not within the Forest, having no charge of vert, but only of venison that com∣meth out of the Forest into his charge, or part of the pourallee, to safe conduct them back again. And therefore in those Forests that have no pourallees, there to be no Rawngers, but Foresters serve the turn. This Rawnger is made and appointed by the King his Letters patents under the great seal, and for his bet∣ter encouragement in his duty, he hath a year∣ly fee of twenty pound or thirty pound paid out of the Exchequer, and certain fee Deer both red and fallow. His office consisteth chiefly in these three points, ad perambulan dum quotidie per terras deafforestatas, ad vi∣dendum, audiendum et inquirendum, tam de malefactis, quam de malefactoribus in Balliva sua: ad resugandum feras forestae tam veneris quam chaseae de terris deafforestatis, in terras af∣forestatas: et ad praesentandum omnes transgres∣siones Forestae in terris deafforestatis factas, ad poximas curias illius forestae tentas.

Rawsom, see Rausom.

Ray seemeth to be a word attributed to cloath never coloured or dyed, v. anno 11 H. 4. ca. 6.

RE

Realty, see Royalty.

Reasonable ayd (rationabile auxilium) is a duty that the Lord of the fee claimeth of his tenants holding by Knights service or in socage, to mary his daughter, or to make his son Knight. West 1. ca. 39. See Ayd. See Frook, titulo Reasonable ayd.

Reattachment (Reattachiamentum) is a second attachment of him that was formerly attached, and dismissed the Court without day, as by the not comming of the Iustices, or some such like casualty. Brook tit. Reat∣tachment: where he maketh Reattachment general, and a Reattachment special. Re∣attachment general seemeth to be, where a man is reattached for his appearance upon all writs of assise lying against him. Brook eo∣dem, num. 18. Then special must be for one or more certain, Register Iudicial, fo. 35. See the new book of Entries, verbo Reattach∣ment.

Rebellion (rebellio) is a French word, sig∣nifying the taking up of arms against the King or present Estate. This French com∣meth from the Latine (rebellio) which sig∣nifieth a second resistance of such as being formerly overcome in battell by the Romans, yielded themselves to their subjection. The Frenchmen and we use it generally for the traiterous taking up of arms against the Estate, be it by natural subjects, or by others formerly subdued. Read more of this, lib. 3. Feudorum, ca. 61. and Hot••man upon the same Chapter. See the writ of Rebellion. Rebell is sometime attributed to him that wilfully breaketh a law, anno 25 Ed. 3. cap. 6. and anno 31 ejus∣dem, stat. 3. cap. 2. Sometime to a Villein disobeying his Lord, anno 1 R. 2. cap. 6.

Rebellious Assembly, is a gathering toge∣ther of twelve persons or more, intending or going about, practising or putting in ure un∣lawfully of their own authority to change any laws or statutes of this present Realm, or to destroy the inclosure of any Park or ground inclosed, or banks of any fish-ponds, pool, or conduit, to the intent the same shall remain void, or to the intent unlawfully to have com∣mon,

or way in any of the said grounds, or to destroy the Deer in any Park, or any Warren of conies, or dove-houses, or fish in any ponds, or any House, Barns, Mills, or Bays, or to burn stacks of corn, or to abate rents, or prices of victuals, anno pri. Mar. 12. & anno 1 Eliz. cap. 17. See West. parte 2. symb. titulo In∣ditem. Sect. 65. And Cromptons Justice of peace, fol. 41. b.

Rebutter, commeth of the French (Bouter, i. pellere, impellert, propellere, intrudere) and signifyeth in our Common law the same thing. For example, a man giveth land to him and the issue of his body, to another in fee with warranty. And the Donee leaseth out his Land to a third for years. The heir of the Donour impleadeth the Tenant, alle∣ging that the Land was in tayl to him. The Donee commeth in, and by vertue of the war∣ranty made by the Donor, repelleth the Heir, because though the land were intailed to him, yet he is bei•• to the warrantee likewise: and this is called a Rehutter. See Brook, titulo barre, num. 23. And again, if I grant to my Tenent to hold sine impetitione vasti, and af∣terward I implead him for waste made, he may debar me of this action, by shewing my grant. And this is likewise a Rebutter, idem eodem num. 25. See the new book of En∣tries, verbo Rebutter.

Renant, an. 32 H. 8. ca. 2.

Recaption (recaptio) signifieth a second di∣stresse of one formerly distreined for the self same cause, and also during the plea groun∣ded upon the former distresse. It likewise signifieth a writ lying for the party thus di∣stre••ned, the form and further use whereof you may see in Fitz. nat. br. fol. 71. and the Regist. orig. fo. 86. and the Register Judicial fo. 69. and the new book of Entries, verb. Recaption.

Receyver (receptor, or receptator) gene∣rally and indefinitely used, is as with the Ci∣vilians, so also with us, used commonly in the evil part, for ••uch as receive stollen goods from theeves, and conceal them, li. 1. π de receptatoribus. But annexed to other words, as the receiver of rents, &c. it signifieth many times an officer of great account, belonging to the King, or other great personage. Cromp∣tons Jurisdict. fol. 18. There is also an offi∣cer called the Receiver of Fines, who recei∣veth the mony of all such as compound with the King in the office of the Finances, for the buying of any lands or tenements holden in Capite. West. parte 2. symb. titulo Fines, sect. 106. Receiver of all offices accountable, an. 1 Ed. 4. cap. 1.

Receiver general of the Dutchy of Lancaster, is an office belonging to the Dutchy Court, that gathereth in all the revenues, and fines of the lands of the said Dutchy, and of all forfeitures and assessements, or what else is thence to be received.

Receiver general of the Court of Wardt and liveries, is an officer belonging to that Court, that is to receive all rents, revenues, & fines of the lands belonging to his Majesties Wards, as also the fines for licences to the Kings widows to mary, of custer le maine sued out, and for ideots and lunaticks land, and finally all o∣ther profits whatsoever, in mony arising to his Majesty, out of, or by reason of the Court of Wards and liveries.

Receiver general of the Muster Rolls, anno 35 Eliz. ca. 4.

Receiver general of the Dutchy of Lancaster, of the Wards and liveries, anno 39 Elizab. cap. 7.

Receyt, See Resceit.

Recluse (Reclusus) is he, that by rea∣son of his order in religion, may not stir out of his house or cloyster. Littleton fol. 92.

Recognisance, (Recoguitio) commeth of the French (Recogneisance, i. agnitio, recognitio) and in our Common law is thus defined. A Recognisance is a bond of Record, testifyng the recognizour to owe unto the recognizee a certain sum of mony, and is knowledged in some court of Record, or before some Iudge, or other officer of such Court, having authority to take the same: as the Masters of the Chancery, the Judges of either Bench, Barons of the Exchequer, Justices of peace, &c. And those that be meer Recognisan∣ces are not sealed, but inrolled. And execu∣tion by force thereof is of all the recognisors goods, and chatells, except the draught beasts, and implements of husbandry, and of the moyety of his Lands. West. parte pri. symb. li. 2. titulo Recognisances, sect. 149. And of these you may see there great diversity of Pre∣sidents.

Note farther, that a Recognisance, though in the special signification, it do but acknow∣ledge a certain debt, and is executed upon all the goods, and half the lands of the recogni∣sour: yet by extention it is drawn also to the Bonds, commonly called Statute Merchant, and Statute of the Staple: as appeareth by the Register orginal, fol. 146, 151, & 252. and by West. ubi supra, and others. See Statute Merchant, and Statute Staple.

Recognisance hath yet another significati∣on, as appeareth by these words in the Sta∣tute,

West. 1. cap. 36. anno 3 Ed. 1. It is pro∣vided also, and agreed, that if any man be attainted of disseisin done in the time of our King that now is, with robbery of any man∣ner of goods, or moveables, by recognisance of Assise of novel disseisin, the judgement shall, &c. In which place it is used for the ver∣dict of the twelve men impaneled upon an As∣sise, which twelve are also called recognitors of the Assise, Littleion fol. 72. So also Bra∣cton called them, lib. 5. tractat. 2. cap. 9. nu. 2. in these words: In essonio ver•• reddendo exigentur omnes illi, quos causa tetigerit: sicut partice••••, Warrantus, & alii ut supra. Re∣cognitores in assisis, Juratores in Juratis, Inquisitores inquisitionibus, &c. And again lib. 3 tract. 1. cap. 11. num. 16. See the Statute anno 20 Ed. prim. stat. 4. See the new book of Entries, ver. Recognisance.

Recognitione adnullanda per vim, & duritiem facta, is a writ to the 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 appear, it may be disannulled, Register original, folio 183. a. b.

Recognitors (recognitores) is a word used for the Iury empaneled upon an assise. The reason why they be so called, may be, be∣cause 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 English, and in both tongues signifieth an authentical or uncontroulable testimony in writing, Briton, cap. 27. and Lamb. Eire∣narch. lib. 1. cap. 13. In the grand Custu∣mary of Normandy, there are several Chap∣ters of divers Records, expressing whose pre∣sence in each of the Courts, is sufficient to make that which is enacted to be a record, viz. the 102. Chapter, where you have words to this effect. The record of the Kings Court, is a record of things done before the King. All things done before the King. so he have one other witness. This record may he and other make: if he himself will not make it, it may be made by three others. And his person may not be impeached (or excepted against) either in this or any o∣ther thing. The next chapter, viz. the 103. sheweth how many persons suffice to make a Record in the Exchequer. The next how many in an assise, &c.

I find not that we in our Courts, (especi∣ally the Kings Courts) stand much upon the numbers of Recorders or witnesses for the strength of the testimony which the Record worketh: but that we take it sufficient which is registred in each Court. Glanvile, lib. 8. cap. 8. Bracton, lib. 3. tract. 2. cap. 37. num. 4. Bretton in the Proeme of his book saith, that the Iustices of the Kings Bench have a Record, the Coroner, Vicounr, Iustices of the Exchequer, Iustices of the Gaol delivery, the Steward of England, Iustices of Ireland, Iustices of Chester, Iustices assigned by the Kings letters patents, in those causes they have Commission to take knowledge of. All which (as I take it) must be understood with that caveat of Brook, titulo (Record) num. 20. & 22. that an act committed to writing in any of the Kings Courts, during the term wherein it is written, is alterable, and no re∣cord: but that term once ended, and the said act duly enrolled, it is a record, and of that credit, that admitteth no alteration, or proof to the contrary. Yet see Sir Edward Cooks Reports lib. 4. Rawlius case, fol. 52. b. anno 12 Ed. 2. cap. 4. It is said, that two Iustices of either Bench have power to record Non-sutes, and defaults in the Country. It appeareth by Bracton, lib. 5. tract. 2. cap. 1. et 11. that quatuor milites habent recordum, being sent to view a party essoined de malo le∣cti, and lib. 5. tract. 1. cap. 4. nu. 2. that Serviens Hundredi habet recordum in testi∣monio proborum hominum, And in the Sta∣tute of Carleil, made anno 15 Ed 2. it is said, that one Iustice of either Bench, with an Ab∣bot or Prior, or a Knight, or a man of good fame or credence, hath a record in the view of one that is said by reason of sickness, to be un∣able to appear personally for the passing of a fine. And anno 13 H. 4. cap. 7. et anno 2 H. 5. cap. 3. that two Iustices of peace, with the•• Shyreeve, or Under-shyreeve, have power to record, what they find done by any in a ryot, or rout, &c.

That which is before mentioned out of Bri∣ton touching the Shyreeve, seemeth to be li∣mited by Fitzh. nat. br. fol. 81. D. Who al∣loweth him a record in such matters only, as he is commanded to execute by the Kings Writ, in respect of his office. And thence it commeth that Kitchin fol. 177. saith, that the Escheator and Shyreeve, be not Iustices of record, but officers of record, In which words he signifieth, that their testimony is authentical only in some certain things that are expresly injoyned them by vertue of their Commission, as Ministers to the King in his higher Courts, whereas Iustices of record

have in generality a record for all things within their cognisance done before them as Iudges, though not expresly or particularly commanded. Fitzh. in his Nat. br. fol. 82. in principio, something explaineth this point, writing to this effect: Every act that the shyreeve doth by vertue of his commission, ought to be taken as matter of Record, no lesse than the Justices of peace. His reasons be two: the former, because his patent is of record: the other, because he is a conserva∣tour 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. cao. 3. anno 13 Ed 1. But it seemeth by Briton, cap. 27. that it is only in these causes, whereof the shyreeve holdeth plee by especial writ; and not those that he holdeth of course or cu∣stome. And in that case also it may be ga∣thered out of the same Author, that he hath a record, but with the testimony of those an∣nexed, that be suters to the Court. Which seemeth to agree with Bractons words above specified. Scrviens Hundredi habet recor∣dum in testimonio proborum hominum. And to this purpose read Glanvile, l. 8. c. 8, 9, et 10. One Iustice upon view of forcible deti∣nue of land, may record the same by statute, anno 15 R. 2. cap. 2. the Maior, and Con∣stables of the staple, have power to record recognisances of debt taken before them, anno 10 H. ••. ca. 1.

Brook, titulo (Record) seemeth to say, that no Court ecclesiastical is of record: how truly, it is to be inquired. For Bishops, cer∣tifying bastardy, bigamy, excommunication, the vacancy or plenarty of a Church, a mari∣age, a divorse, a spiritual intrusion, or whe∣ther a man be professed in any religion, with other such like, are credited without farther enquiry or controlment. See Brook titulo Bastardy. See Fleta, lib 6. cap. 39, 40, 41, 42. Lamb. Eirenarcha, lib. pri. cap. 13. Glan∣vile, lib. 7. cap. 14, et 15. the Register origi∣nal, fol. 5. b. Bracton, lib. 5. tractat. 5. cap. 20. nu. 5. Briton, cap. 92, 94, 106, 107, & 109. Doct. and Stud. lib. 2. cap. 5 but e∣specially Cosius apology, parte pri. cap. 2. And a testament shewed under the seal of the Or∣dinary is not traversable, 36 H. 6.31. Per∣kins Testament, 491. Fulb. paral. fol. 61. b. But it may be that this opinion groweth from a difference between that law, whereby the court Christian is most ordered, and the Common law of this Land. For by the Ci∣vil or Canon law, no instrument or record is held so firm, but that it may be checked by witnesses able to depose it to be untrue. Co. plus valere quod agitur quàm quod simulate concipitur, ca. cum Johannes 10. extra: de fide instrumentorum. Whereas in our Common law against a record of the Kings court, after the term wherein it is made, no witnesse can prevail. Briton cap. 109. Coke lib. 4. Hinds case, fol. 71. lib. assisarum. fol 227. nota 21. This reconciliation may be justified by Brook himself, titulo Testaments num. 4.8. & 14. and by Glanvile, lib. 8. cap. 8.

The King may make a Court of record by his grant. Glanvile, lib. 8. cap. 8. Briton, cap. 121. as for example, Queen Elizabeth of worthy memory, by her Charter dated 26 Aprilis, anno 3. regni sui, made the Consisto∣ty court of the University of Cambridge a court of record.

There are reckoned among our common Lawyers three sorts of Records: viz. A re∣cord judicial, as attainder, &c. A record mi∣nisterial upon oath, as an office found. A re∣cord made by conveyance by consent, as a fine, deed inrolled, or such like. Coke lib. 4. Andrew Ognels case, fol. 54. b.

Recordare facias, or recordari facias, is a writ directed to the Shyreeve, to remove a cause depending in an inferiour court, to the Kings bench, or common plees, as out of a court of antient Demeasn, Hundred, or Coun∣ty, Fitz. nat. br. fol. 71. B. out of the county court, idem fol. 46. B. or other courts of re∣cord, idem fol. 71. C. & 119. K. Howbeit, if you will learn more exactly, where and in what cases this writ lyeth, read Brook in his Abridgement, titulo Recordare et pone. It seemeth to be called a recordare, because the form is such, that it commandeth the Shy∣reeve to whom it is directed, to make a re∣cord of the proceedings by himself, and o∣thers, and then to send up the cause. See the Register, verbo Recordare, in the table of the original Writs. See Certiorari. See Ac∣cedas ad Curiam.

Recorder (recordator) commeth of the French (recordeur, i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri.) Grand Custumary of Norm. cap. 107. & 121. Where∣by it appeareth, that those which were neces∣sary ludges to the Duke of Normandies courts, were called Recorders: and who they were, is shewed in the ninth chapter of the said book. And that they, or the greater part of them, had power to make a record, it is evident in the chapter 107. Here in Eng∣land a Recorder is he, whom the Maior or other Magistrate of any City, or Town cor∣porate, having jurisdiction, or a Court of re∣cord

within their precincts by the Kings grant, doth associate unto him for his better direction in matters of Iustice and proceed∣ings, according unto law. And he is for the most part a man well seen in the common law.

Recordo et processu mittendis, is a writ to call a Record, to gether with the whole pro∣ceeding in the cause out of one court into the Kings court. Which see in the Table of the Register original, how diversly it is used.

Recorde Utlagariae mittendo, is a writ Iudi∣cial, which see in the Register judicial, fol. 32.

Recovery, (Recuperatio) comes of the French Reconvrer, i. Recuperare. It signifi∣eth in our common law, an obtaining of any thing by Iudgement, or tryal of Law, as evi∣ctio doth among the Civilians. But you must understand, that there is a true recovery and a figned. A true recovery is an actual or re∣al recovery of any thing, or the value thereof by Iudgement: as if a man sued for any land, or other thing moveable or immoveable, and have a verdict, and Iudgement for him. A feigned recovery is (as the Civilians call it) quaedam fictio juris, a certain form, or course set down by Law, to be observed for the better assuring of Lands or tenements un∣to us. And for the better understanding of this, read West. parte 2. symbol. titulo Reco∣veries, sect. pri. who saith, that the end, and effect of a recovery, is to discontinue and de∣stroy Estates tayls, Remainders, and Rever∣sions, and to bar the former owners thereof. And in this formality there be required three parties, viz. the Demandant, the Tenent, and the Vouchee. The Demandant is he that bringeth the Writ of Entry, and may be ter∣med the Recoverer: The Tenent is he, against whom the writ is brought, and may be ter∣med the Recoveree. The Vouchee is he, whom the Tenent voucheth, or calleth to warranty for the Land in demand. West. ubi supra. In whom you may read more touch∣ing this matter.

But for example, to explain this point, a man that is desirous to cut off an Estate tayl in lands or tenements, to the end, to sell, give, or bequeath it, as himself seeth good, useth his friend to bring a writ upon him for this Land. He appearing to the writ saith for him∣self, that the Land in question came to him, or his ancestors, from such a man or his an∣cestor, who in the conveyance thereof, bound himself and his heirs to make good the title unto him or them to whom it was conveyed. And so hers allowed by the court to call in this third man to say what he can for the justify∣ing of his right to this land, before he so con∣veyed it. The third man commeth not: whereupon the land is recovered by him that brought the writ: and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent. And by this means the entayl which was made by the Tenent, or his An∣cestor, is cut off by judgement hereupon given: for that he is pretended to have no power to entayl that land, whereunto be had no just title, as now it appeared: because it is evicted, or recovered from him.

This kind of recovery is by good opinion, but a snare to deceive the people. Doctor and Stud. cap. 32. diai. pri. fol. 56. a. This feigned recovery is also called a common recovery: And the reason of that Epitheton is, because it is a beaten and common path to that end, for which it is ordained, viz. to cut off the estates above specified. See the new book of Entries, verbo, Recovery.

I said before, that a true recovery is as well of the value, as of the thing: for the better understanding whereof, know, that (in value) signifies as much as (Illud quod interest) with the Civilians. For example, if a man buy land of another with warranty, which land a third person afterward by sute of Law recove∣reth against me, I have my remedy against him that sold it me, to recover in value, that is, to recover so much in mony as the land is worth, or so much other land by way of ex∣change. Fitzh. nat. brev. fol. 134. K. To re∣cover a warranty, Old nat. brev. fol. 146. is to prove by judgement that a man was his war∣rant against all men, for such a thing.

Recto is a writ, called in English a writ of right, which is a writ of so high a nature, that whereas other writs in real actions, be only to recover the possession of the land, or tenements in question, which have been lost by our ancestor, or our selves, this aimeth to recover both the seisin, which some of our Ancestors or we had, and also the property of the thing, whereof our Ancestor died not seised, as of fee, and whereby are pleaded, and tryed both their rights together, viz. as well of possession, as property. In so much as if a man once lose his cause upon this writ, either by judgement, by assise, or battell, be is without all remedy, and shall be excluded (per exceptionem Rei judicatae) Bracton, lib. 5. tract. 1. cap. 1. et seq. where you may read your fill of this writ.

It is divided into two species: Rectum pa∣tens, a writ of right patent, and Rectum

clausum, a writ of right close. This the Civili∣ans call Judicium petitorum. The writ of right patent is so called, because it is sent open, and is in nature the highest writ of all other, lying alwaies for him that hath fee simple in the lands, or tenements sued for, and not for any other. And when it lyeth for him that challengeth fee simple, or in what ca∣ses, See Fitzh. nat. br. fol. pri. C. whom see also fol. 6. of a special writ of right in London, otherwis•• called a writ of right according to the custome of London. This writ also is cal∣led Breve magnum de Recto, Register ori∣ginal, fol. 9. A. B. and Fleta lib. 5. cap. 32. sect. 1.

A writ of right close, is a writ directed to a Lord of antient Demesn, and lyeth for those which hold their lands and tenements by charter in fee simple, or in fee tayl, or for term of life, or in dower, if they be eje∣cted out of such lands, &c. or disseised. In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn, commanding him to do him right, &c. in this Court. This is also called a small writ of right. Breve parvum, Register original, fol. 9. a. b. and Briton, cap. 120. in fine. Of this see Fitzh. likewise at large, nat. br. fol. 11. et seq.

Yet note, that the writ of right patent seem∣eth farther to be extended in use, than the o∣riginal invention served: for a writ of Right of Dower, which lyeth for the tenent in Dow∣er, and only for term of life, is patent, as ap∣peareth by Fitzh. nat. brev. fol. 7. E. The like may be said of divers others that do here∣after follow. Of these see also the Table of the Original Register, verbo Recto. This writ is properly tryed in the Lords Court between kinsmen, that claim by one title from their Ancestor. But how it may be thence remo∣ved, and brought either to the County, or to the Kings Court, see Fleta, lib. 6. cap. 3, 4, et 5. Glanvile seemeth to make every writ, whereby a man sueth for any thing due unto him, a writ of right, lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1.

Recto de dote, is a writ of Right of Dower, which lyeth for a woman, that hath received part of her Dower, and purposeth to demand the Remanent in the same Town, against the heir, or his Guardian, if he be ward. Of this see more in the Old nat. br. fo. 5. and Fitzh. fol. 7. E. and the Register original, folio 3. and the new book of Entriet, verbo Droyt.

Recto de dote unde nihil habet, is a writ of right, which lyeth in case, where the hus∣band having divers Lands or Tenements, hath assured no dower to his wife, and she thereby is driven to sue for her thirds against the heir or his Guardian. Old nat. br. fol. 6. Regist. origin. fol. 170.

Recto de rationabili parte, is a writ that ly∣eth alway, between privies of bloud, as bro∣thers in Gavel-kind, or sisters, or other Co∣parceners, as Nephews, or Neeces, and for land in Fee simple. For exampse, if a man lease his Land for term of life, and afterward dyeth, leaving issue two Daughters, and after that the tenent for term of life likewise dyeth, the one sister entering upon all the land, and so deforcing the other; the sister so deforced shall have this writ to recover part. Fitz. nat. br. fol. 9. Regist. orig. fol. 3.

Recto quando dominus remisit, is a writ of right, which lyeth in case where lands or te∣nements that be in the Seigneury of any Lord, are in demand by a writ of right. For if the Lord hold no Court, or otherwise at the prayer of the Demandant, or Tenent, shall send to the Court of the King his writ, to put the cause thither for that time (saving to him another time the right of his Seigneury) then this writ issueth out for the other party, and hath his name from the words therein com∣prised, being the true occasion thereof. This writ is close, and must be returned before the Iustices of the common Banck. Old nat. br. fol. 16. Regist. original, fol. 4.

Recto de Advocatia Ecclesiae, is a writ of right, lying where a man hath right of Ad∣vowsen, and the Parson of the Church dying, a stranger presenteth his Clerk to the Church, and he not having moved his action of Quare impedit, nor darrein presentment within six months, but suffered the stranger to usurp up∣on him. And this writ he only may have, that claimeth the Advowsen, to himself and to his heirs in Fee. And as it lyeth for the whole advowsen: so it lyeth also for the half, the third, the fourth part. Old nat. br. fol. 24. Register original, fol. 29.

Recto de custodia terra et haredis, is a writ that lyeth or him, whose Tenent holding of him in Chivalry, dyeth in his nonage, a∣gainst a stranger, that entreth upon the land, and taketh the body of the heir. The form and farther use whereof see in Fitz. nat. br. fol. 139. and the Register original, fol. 161.

Recto sur disclaimer, is a writ that lyeth where the Lord in the Kings Court, sc. in the common plees, doth avow upon his Tenent, and the Tenent disclaimeth to hold of him, upon the disclaimes he shall have this writ:

and if the Lord aver, and prove that the Land is holden of him, he shall recover the land for ever, Old nat. br. fol. 150. which is grounded upon the statute, Westm. 2. cap. 2. anno 13 Ed. pri. which statute beginneth, Quia domini feudorum, &c.

Rector, is both Latine, and English, signify∣ing a Governour. In the Common law rector ecclesiae parochialis, is he that hath the charge, or cure of a Parish church, qui tantum jus in ecclesiae parochiali habet, quantum praelatus in ecclesiae collegiat••, cap. ult, De Locat. & Con∣duct. in glos. verbo expelli potuissent. In our common law, I hear that it is lately over∣ruled, that rector ecclesiae parochialis is he, that hath a personage, where there is a vi∣caridge endowed: and he that hath a perso∣nage without a vicaridge is called persona. But this distinction seemeth to be new and sub∣tile praeter rationem. I am sure Bracton useth it otherwise. lib. 4. tract. 5. ca. pri. in these words. Et sciendum, quod rectoribus ecclesi∣arum parochialium competit Assisa qui institu∣ti sunt per Episcopos, & Ordinarios ut personae. Where it is plain, that rector and persona be confounded. Mark also these words there following: Item dici possunt rectores Canoni∣ci de ecclestis praebendatis. Item dici possunt rectores, vel quasi, Abbates, Prieres & alii, qui habent ecclesias ad proprios usus.

Rectus in curia, is he that standeth at the bar, and hath no man to object any offence against him. Smith de repub. Angl. li. 2. cap. 3. sec. a. 6. R. 2. stat. 1. cap 11.

Reddendum, is used many times substan∣tively for the clause in a lease, &c. whereby the rent is reserved to the Leassour. Coke lib. 2. Lord Cromwells case, fol. 72. b.

Redisseisin (redisseisina,) is a disseisin made by him, that once before was found, and ad∣judged to have disseised the same man of his Lands or Tenements. For the which there lyeth a special writ, called a writ of redissei∣sin. Old nat br. fol. 106. Fitz. nat. br. fo. 188. See the new book of Entries, verb. Redisseisin.

Redisseisina, is a writ lying for a redisseisin. Reg. orig. f. 206, 207.

Reddioion, is a judicial confession, and ac∣knowledgement that the land or thing in de∣mand belongeth to the demandant, or at the least, not to himself. a. 34 & 35 H. 8. ca. 24. Perkins Dower, 379, 380.

Redubhours, be those that buy cloath, which they know to be stollen, and turn it in∣to some other form or fashion. Briton, cap. 29. Cromptons Viconat, fol. 193. a:

Reentry, commeth of the French (rentrer,) i. rursus intrare, and signifieth in our Com∣mon law, the resuming, or taking again of possession, which we had earst foregone. For example, If I make a Lease of land or tene∣ment, I do thereby forego the possession, and if I do condition with the Leassee, that for non payment of the rent at the day it shall be lawfull for me to reenter, this is as much as if I conditioned to take again the lands, &c. into mine own hands, and to re∣cover the possession by my own fact, without the assistance of Iudge or proces.

Reere County. See Rier County.

Reextent, is a second extent made upon lands or tenements, upon complaint made, that the former extent was partially perfor∣med. Brook, titule Extents, fol. 313.

Regard (regardum) is borrowed of the French (Regard, or regardere, i. aspectus, con∣spectus, respectus,) and though it have a ge∣neral signification of any care or diligence, yet it hath also a special acceptance, and there∣in is used only in matters of the Forest: and there two waies: one for the office of the Regarder; the other for the compasse of ground belonging to the regarders office or charge. Cromptons jurisd. fol. 175.199. Toaching the former, thus saith M. Man∣wood, parte pri. of his Forest laws. pag. 198. The Eire, general Sessions of the Forest, or Justices seat, is to be holden, and kept every third year: and of necessi∣ty before that any such sessions or Iustices seat can be holden, 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 afterward there saith) to go through the whole horest, and every Bayliwick of the same, to see and en∣quire of the trespasses of the Forest: which he compriseth in these four, viz. ad viden∣dum, ad inquirendum, ad imbreviandum, ad certificandum. Of every of which branches you may read there his exposition.

Touching the second signification, the com∣passe of the Regarders obarge is the whole Fo∣rest, that is, all that ground which is parcel of the Forest. For there may be Woods within the limits of the Forest, that be no parcel there∣of, and those be without the Regard, as the same Author plainly declareth, parte pri. pag. 194. and again parte 2. cap. 7. nu. 4. where he shew∣eth the difference between these words: (Infra regardum) or (Rewardum) & infra Forestam.

Regarder, (regardator) commeth of the French, Regardeur) id est, Spectator) and signifieth an Officer of the Forest. Cromp∣tons

jurisdict. 153. where it is thus defined, A Regarder is an Officer of the Forest, ap∣pointed to surview all other officers. He saith there also, that this officer was ordained in the beginning of King Henry the seconds daies. M. Manwood in his first part of Fo∣rest lawes, pag 188. thus defineth him. A Regarder is an Officer of the Kings forest, that is sworn to make the regard of the Fo∣rest, as the same hath been used to be made in antient time. And also to view and en∣quire of all offences of the Forest, as well of vert as of venison, and of all concealments of any offences or defaults of the Foresters, and of all other officers of the Kings forest, con∣cerning the execution of their offices. He saith there also, that a Regarder may be made either by the Kings letters patents, or by any one of the Kings Iustices of the forest at his discretion in the general Eyr, or at such time, as the regard is to be made, by vertue of the Kings writ, directed to the Shyreeve of the County for that purpose. The form of which writ he there setteth down.

After that, pag. 192. he setteth down his Oath in these words. You shall truly serve our Soveraign Lord the King in the office of a Regarder in the Forest of Waltham. You shall make the Regard of the same in such man∣ner, as the same hath been accustomed to be made. You shall raunge through the whole Forest, and through every Bayliwick of the same, as the Foresters there shall lead you, to view the said Forest. And if the Foresters will not, or do not know how to lead you, to make the regard or raunge of the Forest, that they will conceal from you any thing that is forfei∣ted to the King, you your, selves shall not let for any thing, but you shall see the same forfei∣ture, and cause the same to be enrolled in your roll. You shall enquire of all wastes, pour∣prestures, and Asserts of the Forest, and also of concealments of any offence, or trespasse in the Forest, and all these things you shall to the ut∣termost of your power d••; So help you GOD. Then you may read farther the particulars of his office, eadem pag. 195. And pag. 207. he saith, that their presentments must be up∣on their view, and so recorded, and that the Regarders of themselves have power to hear and determine the fine, or amerciament for expeditating of dogs. See Regard.

Regio assensis, is a writ whereby the King giveth his Royal assent to the election of a Bishop or Abbot. Register origin. fol. 294. b.

Registrie (registrum) commmeth of the French (Registre, i. liber, librarium, codex ratiocinarius, ephemeris, commentarius) it sig∣nifieth with us the office, or books, or rolls, wherein are recorded the proceedings of the Chancery, or any Spiritual Court. The wri∣ter and the keeper whereof is called the Re∣gister, in Latine, Registrarins. Register is also the name of a book, wherein are expressed all the forms of writs used at the Common law, called the Register of the Chancery. Anno 13 Ed. pri. cap. 24. Some say it is termed Registrum, quasi regestum. Pra∣taeus.

Regrator (regratator) commeth of the French (regratter, i. desquamare.) Regratter quel∣que vielle robe & la faire neufue) is to scoure or furbish an old garment and to make it new again. Also (regratteur) signifi∣eth as much as (Mango) in Latine: which kind of men sold children, and to sell them the better, mentiendi coloris artem optime cal∣lebant. Martialis & Plinius. This word in our Common law, did antiently signifie such as bought by the great, and sold by the retayl. Anno 27 Ed. 3. stat. prim. cap. 3. but now it signifieth him, that buyeth and sel∣leth any wares, or victuals in the same mar∣ket, or fair, or within five miles thereof. Anno 5 Ed. 6. cap. 14. anno 5 Eliz. ab. cap. 12. an∣no 13 Eliza. cap. 25. See Forestallers and En∣grossers.

Rehabere facias seifinam quando Vicecomes liberavit seifinam de majore parte, quam de∣beret, is a writ judicial. Register judic. fol. 13.51. There is another writ of this name and nature, eodem, fol. 54.

Rejoynder (rejunctio) signifieth in our Com∣mon law as much as Duplicatio with the Civi∣lians, that is, an exception to a replication. For the first answer of the Defendant to the Plaintiffs Bill, is called an exception: the Plaintiffs answer to that, is called a Replica∣tion: and the Defendants to that, Duplica∣cation in the Civil law, and a Rejoynder with us, especially in Chancery. West. parte 2. symbol. titulo Chancery, sect. 56. where he citeth these words out of Spigeli∣us. Est autem rejunctio seu duplicatio, vel al∣legatio, quae datur reo ad infirmandum repli∣cationem actoris, et confirmandum excepti∣onem Rei.

Relation (relatio) idem quod fictio juris, to make a nullity of a thing from the beginning (for a certain intent) which had essence, Cook lib. 3. Butler and Baker, fol. 28. b. which in plainer terms may be thus expound∣ed. Relation is a fiction of the Law, where∣by something is (for a special purpose) ima∣gined never to have been, which in truth

was. Read the rest.

Release (relaxtio) commeth of the French (Relasche, i. cessatio, rel••xatio, laxamentum) & in our Common law is thus defined: A re∣lease is an Instrument whereby estates, rights, titles, entries, actions, and other things be sometime extinquish'd, sometime transfer∣red, sometime abridged, and sometime enlar∣ged. Westm. parte prim. symb. lib. 2. sect. 509. And there is a Release in fact, and a Re∣lease in law. Perkins Graunts 71. A re∣lease in fact seemeth to be that, which the very words expresly declare. A release in law is that, which doth acquite by way of conseqnent, or intendment of Law. An ex∣ample whereof you have in Perkins ubi supra. Of these, how they be available, and how not, see Littleton at large, lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries. verbo Re∣lease.

Release (relevium) commeth of the French (relever, i. relevare) and sign fieth in our Common law, a certain sum of mony, that the Tenent holding by Knights service, grand sergeanty, or other tenure, for the which homage or regal service is due, or by socage, for the which no homage is due, and being at full age at the death of his Ancestor, doth pay unto his Lord at his entrance. Bracton, lib. 2. cap. 36. giveth a reason why it is called a relief, viz. quia baereditas, quae jacens. fuit per Antecessoris decessum, re∣levatur in manus haeredum, & propter factam relevationem, facienda erit ab haerede quaedam praestatio, quae dicitur Relevinm. Of this you may read Briton, cap. 69. in a manner to the same effect. Of this also speaks the Grand Cnstomary of Normandy, cap. 34. to this ef∣fect: It is to be known, that the Lord of the fee ought to have relief of the Lands, which he held of him by homage, when those dye, of whom he had homage. And that this is not only proper to us in England, or Normandy, appeareth by Hotoman in his Commentaries, de verbis feud. verbo Relevi∣um, who there defineth it thus: Relevium est honorarium, quod novus vasallus patrono introitus causa largitur, quasi morte vasalli alterius, vel alio quo casu feudum ceciderit, quod jam à novo sublevetur: and farther speak∣eth of it, that which is worth the reading, and contains great knowledge of antiquity. See the like definition in Marantae singulari∣bus, verbo Relevium. For the quantity of this relief, see the Great Charter, cap. 2. in these words: If any of our Earls or Barons, or any other our tenents, which hold of us in chief by Knights service, dye, and at the time of his death his heir is of full age, and oweth to us relief, he shall have inheritance by the old relief: that is to say, the heir, or heirs of an Earl for one whole Earldome, one hundred pound: the heir or heirs of a Baron for one whole Barony, one hundred marks: the heir or heirs of a Knight for one whole Knights fee, one hundred shillings at the most. And he that hath lesse, shall give lesse, according to the old custome of the fees. Read also Glanvile, lib. 9. cap 4. fol. 68. who saith, that in his daies the re∣lief of a Barony was not certain. The heir in franck socage, when he commeth to his full age, after the death of his Ancestor, shall double the rent that he was wont to pay to the Lord, and that shall be in place of re∣lief. Old nat br. fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim. statut. prim. and Kitchin, fo. 145. ca. Relief, and Glanvile, lib. 7. cap. 9. The Feudists al∣so write of this at large. Among others Vin∣centius de Franchis descis. 121. saith, that Re∣levii solutio est quaedam extrins••ca praestatio à consuetudiue introducta, quae non inest fendo, quodq, solvitur pro confirmatione, seu renova∣tione investiturae & possessionis. See Heriot. This Leo the Emperor Novella 13. calleth 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. By the antienter Civil law it is termed introitus, l. penult. sect. Alumno. π. de legatis. Skene de verb. signif. saith, that relief is a French word, from the Latine relevare, which is to relieve or take up that which is fallen. For it is given by the tenent, or vas∣sal being of perfect age, after the expiring of the wardship to his Lord, of whom he holds his Land by Knight service, that is, by ward and relief; and by payment thereof he re∣lieves, and (as it were) raiseth up again his lands, after they were fallen down into his superiours hands by reason of ward∣ship, &c.

Remainder (remanentia) signifieth in our Common law, a power or hope to enjoy lands, tenements, or rents after the estate of another expired. For example, a man may let land to one for term of his life, and the remainder to another for term of his life, Littleton, cap. Atturnment, fo. 113. And this Remainder may be either for a certain term, or in fee simpse, or fee tayl, as might be proved by many places in the law writers. But in stead of the rest, take Brook, titulo Done & Remainder, fo. 245. Glanvile, lib. 7. cap. pri. in fine hath these words: Notandum, quod nec Episcopus, nec Abbas, quia eorum Baroniae sunt, de eleemozina Dom. Regis &

antecessornm ejus, non possunt de Dominicis suis al••quam partem dare ad remanentiam sine assensu & confirmatione Domini Regis. Where it appears, that Dare adremanentiam, is to give away for ever. To the same effect doth he use it, cap. 9. ejusdem libri, in these words, speaking of the Lords of Manors du∣ring the minority of their wards; Nihil ta∣men de haereditate, de jure alienare possunt ad remanentiam. In the like sort doth Bracton use it, lib. 2. cap. 23. in fine, and also lib. 4. tract. 2. c. 4. nu. 4. See the New book of Entries, verbo Remainder.

Remembrancers of the Exchequer (Reme∣moratores) be three Officers or Clerks, one called the Kings Remembrancer, anno 35 El. cap. 5. The other the Lord Treasurers Re∣membrancer, upon whose charge it seemeth to lye, that they put all Justices of that Court, as the Lord Treasurer and the rest, in remem∣brance of such things as are to be called on, and dealt in for the Princes behoof. The third is called the Remembrancer of the first-fruits. Of these you may read some∣thing anno quinto Rich. 2. stat. pri. cap. 14. & 15. to the effect above specified. These anno 37 Ed. 3. cap. 4. be called Clerks of the Remembrance. It seemeth that the name of this Officer is borrowed from the Civili∣ans, who have their Memorales, qui sunt notarii Cancell••riae in regnò subjecti officio Quaestoris. Lucas de penna, C. lib. 10. tit. 12. nu. 7. The Kings Remembrancer en∣treth in his Office all recognisances, taken before the Barons for any the Kings Debts, for apparences, or for observing of Orders. He takes all bonds for any of the Kings debts, or for appearance, or for observing of Orders, and maketh Proces upon them for the breach of them. He writeth Proces against the Collectors of customs, and subsi∣dies, and fifteenths, for their accounts. All informations upon penal Statutes are entred in his Office. And all matters upon English-Bills in the Exchequer-chamber are re∣maining in his Office. He maketh the Bills of compositions upon penal Laws: taketh the stallments of debts: maketh a Record of a Certificate delivered unto him by the Clerk of the Star-chamber of the fines there set, and sendeth them to the Pipe. He hath delivered unto his Office all manner of indentures, fines, and other evidences whatsoever, that concern the assuring of any lands to the Crown. He yearly in crastino animarum readeth in open Court the Statute for the election of Shyreeves, and giveth those that chuse them their oath: he readeth in open Court the Oath of all the Officers of the Court, when they are admitted.

The Treasurers remembrancer maketh process against all Shyreeves, Escheators, Re∣ceivers, and Bayliffs for their accompts. He maketh process of (Fierifacias) and Extent for any debts due to the King, either in the Pipe, or with the Auditors. He maketh process for all such Revenew as is due to the King by reason of his Tenures. He maketh Record, whereby it appeareth whether Shy∣reeves and other accountants pay their pro∣fers due at Easter and Michaelmas. He ma∣keth another Record, whereby it appeareth whether Shyreeves and other Accountants keep their daies of prefixion. All Extreats of Fines, Issues, and Amerciaments set in any Courts of Westminster, or at the Assises, or Sessions, are certified into his Office, and are by him delivered to the Clerk of Ex∣treats to write Proces upon them. He hath also brought into his Office all the accompts of Customers, Controllers, and o∣ther accomptants, to make thereof an entry of Record.

The Remembrancer of the first fruits, ta∣keth all compositions for first Fruits and Tenths, and maketh Process against such as pay not the same.

Remitter, commeth of the French (re∣mettre, i. restituere, reponere) and signifi∣eth in our Common law, a restitution of one that hath two Titles to Lands or Tene∣ments, and is seised of them by his latter Title, unto his Title that is more antient, in case where the latter is defective, Fitzherber•• natura brev. fol. 149. F. Dyer, folio 68. num. 22. This in what Case it may be grant∣ed to any man, see in Brook titulo Remitter: and the Terms of Law. The Doctor and Student, of this matter hath these words: If land descend to him that hath right to that Land before, he shall be remitted to his better Title, if he will. Ca. nono, fo. 19. b. See the new Book of Entries, verbo Remitter.

Render, commeth of the French (Rendre, i. reddere, retribuere, restituere) and signifi∣eth in our Common law, the self-same thing. For example, this word is used in levying of a fine. For a Fine is either single, by which nothing is granted, or rendred back again by the Cognizee, to the Cognizour: or double, which containeth a grant, or render back again of some Rent common, or o∣ther thing out of the Land it self to the Cog∣nisor, &c. West. parte 2. Symbol. titulo Fines, Sect. 21, & 30. F. Also there be certain things in a Manor that lie in Prender,

that is, which may be taken by the Lord or his Officer, when they chance, without a∣ny offer made by the Tenant, as the Ward of the body of the Heir, and of the Land, Escheats, &c. and certain that lye in Ren∣der, that is, must be delivered or answe∣red by the Tenant, as Rents, Reliefs, He∣riots, and other services. Idem codem Sect. 126. C. Also some service consisteth in sei∣sance, some in Render. Perkins Reservati∣ons 696.

Rent, (reditus) commeth of the French (Rent, i. vectigal, pensitatio annua) and signifieth with us a sum of mony, or other consideration issuing yearly out of Land or Tenements. Plowden, casu Browning, fol. 132. b. & fol. 138. a. 141. b. There be three sorts of Rents observed by our Com∣mon Lawyers: that is Rent service, Rent charge, and Rent seck. Rent service is, where a man holdeth his Land of his Lord by Fealty, and certain Rent, or by Fealty, Service, and certain Rents. Littleton lib. 2. cap. 12. fol. 44. or that which a man, ma∣king a Lease to another for term of years, reserveth yearly to be paid him for the same. Terms of Law, verbo Rents, who giveth this Reason thereof, because it is in his liberty, whether he will distrein or bring an action of Debt. A Rent charge is that which a man making over an estate of his Land, or Tenements to another, by deed indented, either in fee, or fee tail, or lease for term of life, reserveth to himself by the said Indenture a sum of Mony yearly to be paid unto him, with clause of distress, or to him and his heirs. See Littleton ubi su∣pra. A Rent seck, otherwise a dry Rent, is that, which a man making over an Estate of his Land or Tenement, by Deed indented, reserveth yearly to be paid him without clause of Distresse mentioned in the Inden∣ture. Littleton ubi supra. And Terms of the Law, verbo Rents. See the new Exposi∣tor of Law Terms: See Plowden, casu Browning, fol. 132. b. See the differences between a Rent and an Annuity, Doctor and Student, cap. 30. Dialog. primo.

Reparatione facienda, is a writ which ly∣eth in divers cases, whereof one is, where three be Tenants in Common, or Joynt tenents, or pro indiviso, of a Mill, or house which is fallen into decay, and the one be∣ing willing to repair it, the other two will not. In this Case, the party willing shall have this writ against the other two. Fitz. nat. br. fol. 127. where read at large the form and many uses of this writ, as also in the Regi. orig. fol. 153. b.

Repeal, commeth of the French (Rappel, i. Revocatio) and signifieth in our Common law, even the same, as the repeal of a Sta∣tute, Rastal, titulo Repeal. Brook useth Re∣pellance in this signification, titulo Rapel∣lance.

Repleader, (Replacitare) is to plead a∣gain, that which was once pleaded before. Rastal, titulo Repleader. See the new Book of Entries, verbo Repleader.

Replegiare. See Replevie. See Second deliverance.

Replevie (Plevina) is the bringing of the writ called Replegiari facias, by him that hath his Cattell or other Goods di∣streined by another for any cause, and put∣ting in surety to the Shyreeve, that upon the delivery of the thing distreined, he will persue the action against him that distrein∣ed. Terms of Law. See Replegiare. It is used also for the bayling of a man, pl. cor. f. 72, 73, 74. & West. pri. cap. 11. & cap. 15. anno 3 Ed. 1.

Replegiare de averiis, is a writ brought by one, whose Cattell be distreined or put in pound upon any cause by another, upon surety given to the Shyreeve to persue the action in law, anno 7 H. 8. cap. 4. Fitz. nat. br. fol. 68. See the Register original, of divers sorts of this writ called Replegiare, in the Table, verbo codem. See also the Register judicial, fol. 58. & 70. See also the new book of Entries, verbo Replevin. See Dyer, fol. 173. un. 14.

Replevish (replegiare) is to let one to mainprise upon surety. Anno 3 Edw. 1. cap. 11.

Replication (replicatio) is an exception of the second degree made by the Plaintiff up∣on the first answer of the Defendant, West. parte 2. symbol. titulo Chancery, sect. 55. & West. 2. anno 13 Ed. pri. cap. 36. This is bor∣rowed from the Civilians, De replicationibus, li. 4. Institutio. titulo 14.

Report (reportus) is in our Common law a relation, or repetition of a Case debated, or argued; which is sometime made to the Court, upon reference from the Court to the Reporter, sometime to the world volun∣tarily, as Ploydens reports, and such like.

Reposition of the Forest, was an act where∣by certain Forest grounds, being made pur∣lieu upon view, were by a second view laid to the Forest again, Manwood parte pri. pag. 178.

Reprisells, (reprisalia) are all one in the Common and Civil law. Reprisalia est pote∣stas

pignorandi contra quemlibet de terra de∣bitoris data creditori pro injuriis et damiis acceptis. Vocabucarius utriusque juris. This among the ancient Romanes was called (Clarigatio) of the verb (Clarigo, i. res clarè repeto). It is called in the Statute anno 27 Ed. 3. stat. 2. cap. 17. Law of Marque, of the German word March, i. terminus, li∣mes. And the reason may be, because one destitute of Justice in another territory, re∣dresseth himself by the goods belonging to men of that territorie, taken within his own bounds.

Requests (Supplicum libelli, Curia Requi∣stionum) is a Court of the same nature with the Chauncery, redressing by equity the wrongs that poor men do suffer at their hand, whose might they are not able to withstand either in Law or otherwise. It took beginning as some men think, by com∣mission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction, but tra∣vailed between the Prince and Petitioners, by direction from the mouth of the King. Guins Preface to his readings. But see Court of Requests.

Resceyt (Receptio) seemeth to be an ad∣mission of a third person to plead his right in a cause for merly commenced, between o∣ther two. See the new book of Entries, verbo Resceit. V. Aide prier. The Civilians call this admissionem tertii pro suo interesse. Of this you have one example in the terms of Law, viz. if Tenant for term of life, or Tenant for term of years, bring an action: he in the reversion commeth in, and pray∣eth to be received to defend the land, and to plead with the Demandant. Many more you may have in Brook, titulo, Resceit, fol. 205. See Perkins Dower, 448. Receit is also applyed to an admittance of plee, though the controversie be between two on∣ly. Brook estoppel, in many places.

Resceyt of homage, is a relative to doing homage, for as the Tenant, who oweth ho∣mage, doth it at his admission to the land: so the Lord receiveth it. Kitchin fol. 148. See Homage.

Rescous (Rescussus) cometh of the French (Rescourre, se Rescourre du danger, i. asserere se ab injuria) It signifieth in our common Law a resistance against a lawful authority: as for example, if a Bayliff, or other Officer, upon a Writ do arrest a man, and another, upon a Writ do arrest a man, and another (one or more) by violence do take him a∣way, or procure his escape: this act is cal∣led, a Rescus. Cassanaeus in his book de con∣suctud. Burg. hath the same word coupled with (resistentia) fol. 294. whereby it ap∣peareth, that other nations doe use this word in the same signification that we doe, or the very like. It is also used for a Writ, which lyeth for this act, called in our Law∣yers Latine (Breve de rescussu.) whereof you may see both the form and use in Fitz. nat. bre. fol. 101. and the Register original, fol. 125. See the new book of Entries, v••r∣bo rescous. This rescous, in some cases is treason, and in some felony. Crompton. Just∣ice, fol. 54. b.

Reseiser (reseisire) is a taking again of lands into the Kings hands, whereof a gene∣ral livery, or ••••ster le main was formerly missused by any person or persons, and not according to form and order of law. Of this see Stawnf. praeroga. 26. where it is hand∣led at large. See resumption.

Resiance (resiantia) seemeth to come of the French (rasseoir, see Rasseoir, is residere) and signifieth a mans aboad or continuance in a place. Old nat. br. fol. 85. whence also commeth the participle (resiant.) that is, continually dwelling, or abiding in a place. Kitchin, fol. 33. It is all one in truth with Residence, but that custom of speech tyeth that only to persons ecclesiastical.

Reservation, signifieth that rent or service which the granter in any grant tyeth the grantee to perform unto him, or them, or the Lord Paramont. Perkins reservations, per cotum.

Residence (residentia) cometh of the La∣tin (residere) and is peculiarly used both in the Canon and common Law, for the con∣tinuance or aboad of a Parson or Vicar up∣on his benefice. The default whereof (ex∣cept the party be qualified, and dispensed with) is the losse of ten pounds for every month, anno 28 Henr. 8. cap. 13.

Resignation (resignittiò) is used particu∣larly for the giving up of a Benefice into the hands of the Ordinary, otherwise called of the Canonists (renunciatio.) And though it signifie all one in nature with the word (Surrender) yet it is by use more restreined to the yeelding up of a spiritual living, into the hands of the Ordinary, and Surrender to the giving up of temporal Lands into the hands of the Lord. And a resignation may now be made into the hands of the King, as well as of the Diocesan, because he hath su∣premam authorit•• em Ecclesinsticam, as the Pope had in time past. Plowden, casu Grendon, fo. 498.

Resort, is a word used properly in a writ

of tayl, or cousenage, as descent is in a writ of right. Ingham.

Respectu computi Vicecomitis habendo, is a writ for the respiting of a Shyreeves ac∣compt upon just occasion, directed to the Treasurer and Barons of the Exchequer. Re∣gister fol. 139 & 179.

Respite of homage (respectus homagii) is the forbearing of homage, which ought first of all to be performed by the Tenent, that holdeth by homage. Which respite may be occasioned upon divers good rea∣sons: but it hath the most frequent use in such as hold by Knights service in capite: who because the Prince cannot be at leasure to take their homage, do pay into the Ex∣chequer, at certain times in the year, some small sum of mony to be respited, untill the Prince may be at leasure to take it in person.

Responsions (responsiones) seems to be a word used properly and especially by the Knights of S. John of Jerusalem, for certain accompts made unto them by such as occu∣pied their lands or stocks. Anno 32 H. 8. cap. 24.

Responsalis, is he that commeth for ano∣ther at the day assigned for his appearance in Court, Bracton. Fleta seemeth to make a difference between atturnatum, essoniatorem, & responsalem, lib. 6. cap. 11. §. Officium, as if essoniator came only to allege the cause of the parties absence, be he the Deman∣dant or Tenent, and responsalis came for the Tenent, not only to excuse his absence, but also to signifie what tryal he meant to undergo, viz. the Combate or the Coun∣try. lib. 6. cap. 11. §. Si autem. A man in antient time could not appoint an Attor∣ny for him, without warrant from the King. Fleta codem cap. 13. in fine. See Atturney. This word is used in the Canon law, Et significat procuratorem vel cum qui absentem excusat, cap. Cum olim propter, extra. de rescript.

Restitution (restitutio) is a yeelding up again of any thing unlawfully taken from another. It is used in the Common law, most notoriously for the setting him in possessi∣on of Lands or Tenements, that hath been unlawfully disseised of them, which when it is to be done, and when not, see Cromptons Justice of peace, fol. 144. b. &c. usque 149.

Restitutione extracti ab Ecclesia, is a Writ to restore a man to the Church, which he had recovered for his sanctuary being suspected of felony. Register orig. fol. 69. a.

Restitutione temporalium, is a Writ that lyeth in case, where a man being elected, and confirmed Bishop of any Diocesse, and hath the Princes Royal assent thereunto, for the recovery of the Temporalities, or Barony of the said Bi∣shoprick, with the appurtenances. And it is directed from the King to the Eschea∣tor of the County, the form whereof you have in the Regist. orig. fol. 294. and in Fitzb. nat. br. fol. 169. Where you may read also, that it lyeth for those Abbots and Priors, newly elected and confirmed, that were of the Kings foundation.

Resummons (resummonitio) is compoun∣ded twice, that is, of re, sub, and Moneo: and signifieth a second summons, and cal∣ling of a man to answer an action, where the first summons is defeated by any occa∣sion, as the death of the party, or such like. See Brook titu. Resummons, fol. 214. See of these four sorts, according to the four divers cases in the Table of the Register ju∣dicial, fol. 1. See also the new Book of Entries, verbo Reattachment, & Resum∣mons.

Resumption (resumptio) is particularly used for the taking again into the Kings hands, such Land or Tenements, as before upon false suggestion, or other error, he had delivered to the heir, or granted by Letters patents to any man, Brook, titule Repetance, & resumption, fol. 298. Thus it is applyed, anno 31 H. 6. cap. 7. See Reseiser.

Retainer, commeth of the French (rete∣nir, i. detinere, retinere) it signifieth in the Common law, a servant not menial nor fa∣miliar; that is, not continually dwelling in the house of his Lord or Master, but only using, or bearing his name or livery. This Li∣very was wont to consist of Hats (otherwise Hoods) Badges, and other suits of one gar∣ment by the year, an. 1 R. 2. ca. 7. These were taken by the Lords, many times upon pur∣pose of maintenance, and quarrels, and therefore they have been justly, for the bet∣ter freedom of Law, forbidden by many Sta∣tutes: as namely by anno 1 R. 2. cap. 7. up∣on pain of imprisonment, and grievous for∣feiture to the King: and again, anno 16 e∣jusd. cap. 4. & anno 20 ejusdem, cap. 1. & 2. and anno prim. H. 4 cap. 7. by the which, the Lords offending herein, should make ransome at the Kings will, and any Knight or Esquire hereof duly attainted, should lose his said Livery, and forfeit his fee forever; and any Yeoman wearing the Livery of the

King, or other Lord, should be imprisoned, and make ransome at the Kings will, only some few excepted in the said Statute: which statute is further confirmed and explaned, anno 2 H. 4. cap. 21. et an. 7 ejusd. cap. 14. & anno 13. ejusd. cap. 3. et anno 8 H. 6. ca. 4. And yet this offence was so deeply root∣ed, that Edward the fourth was driven to confirm the former statutes, and further to extend the meaning of them, as appeareth by the statute made anno 8 Ed. 4. cap. 2. ad∣ding an especial pain of five pounds to every man that giveth such Livery, and as much to every one so retained, either by writing, oath, or promise, for every month. Yet is not this fault so well looked unto, but that there is need of more pregnant Laws for the redresse thereof, or at the least better execu∣tion of those, that be already made. These be by the Feudists called (assidati.) Sic enim dicuntur, qui in alicujus fidem et. tutelam recepti sunt. Neapol. constitu. lib. 3. titulo 7. And as our retainers are here forbid∣den: so are those (affidats) in other coun∣tries.

Retraxit, is an exception against one that formerly commenced an action, and withdrew it, or was non-sute before tryal. Brook, titulo, Departure in despight, & Re∣traxit, fol. 216. See also the new book of Entries: verbo departer, & verbo re∣traxit.

Return (returna) cometh of the French (retour, i. reditio, reversio, recursus) and in our common Law, hath two particular ap∣plications, as namely the teturn of a Writ by Shyreeves, and Bayliffs, which is nothing but a certificate made to the Court, where∣unto the writ directeth him, of that which he hath done, touching the serving of the same Writ. And this among the Civilians is called Certificatorium. Of returns in this signification, speak the Statutes of Westm. 2. cap. 39. anno 13 Ed. prim. and Tractatus contra Vice-comites et Clericos, with divers others, collected by Rastal, ti∣tulo Return of Shyreeves. So is the return of an Office, Stawnf. praerog. fol. 70. a cer∣tificate into the Court, of that which is done by vertue of his Office: See the Sta∣tutes of dayes in bank, anno 51 H. 3. et anno 32 H. 8. cap. 21. And in this signifi∣cation Hilary Term is said to have four re∣turns, viz. Octabis Hilarii, Quindena Hila∣rit, crastine Purificationis, Octabis Purifica∣ticnis: and Easter Term to have 5. returns viz. Quindena Pascha, Tres paschae, Mense paschae, Quin{que} paschae, et crastino Ascensio∣nis; And Trinity Term 4. returns, i. Cra∣stino Trinitatis, Octabis Trinitatis Quindena Trinitatis, Tres Trinitatis; And Micha••l∣mus Term 8. returns, sc. Octabis Michaelis, Quindena Michaelis, Tres Michaelis, Men∣se Michaelis, Crastine animarum, Crastino Martini, Octabis Martini, Quindena Mar∣tini.

The other application of this word is in case of Replevy. For if a man distraine cattel for rent, &c. And afterward justifie or avow his act, that it be found lawfull, the cattel before delivered unto him that was distrain∣ed upon security given to follow the action, shall now be returned to him that distrain∣ed them. Brook, titulo Return d'avers et hommes, fol. 218. you shall find this word often used in Fitzherb. nat. br. as appeareth in the word Return in his table: but in all those places it hath the one or the other of these two significations.

Returno habendo, is a writ, which lyeth for him that hath avowed a distresse made of cattel, and proved his distresse to bee law∣fully taken for the return of the cattel di∣strained unto him, which before were reple∣vied by the party distrained, upon surety gi∣ven to persue the action. Terms of law, verbo Replevin,

Returnum averiorum, is a writ Iudicial, granted to one impleaded for taking the cat∣tel of another, and unjust deteining of them centra vadium et plegies, and appearing up∣on summons is dismissed without day, by reason that the Plaintiff maketh default, and it lyeth for the return of the cattel unto the Defendant, whereby he was summoned, or which were taken for the security of his ap∣pearance upon the summons. Register Judi∣cial. fol. 4. a.

Returnum irreplegiabile, is a writ judicial sent out of the common plees to the Shy∣reeve, for the final restitution or return of cattel to the owner, unjustly taken by ano∣ther as dammage seisant, and so found by the jury before Iustices of Assise in the County. For which see the Regist. Iudicial fol. 27. a. b.

Reve, altàs Greve (Prafectus) is made of Geresa the Saxon word for a Governour. Lamb. explica: of Saxon words, verbo Pra∣fectus, and that by rejecting the first sylla∣ble, which (hee saith) among the Saxons is usuall. It signifieth in our common Law, the Bayliff of a Fraunchis or Mannor, and especially in the West parts. Of this you may see Kitchen, fol. 43. See Greve See Shyreeve. See also of this word M. Ver∣stigan

in his restitution of decayed intelli∣gence, cap. 10. speaking much to the same effect.

Revels, seemeth to be derived from the French word (Reveiller, i. excitari, vel ex∣perg••fieri) It signifieth with us sports of daunsing, masking, comedies, tragedies, and such like used in the Kings house, the hou∣ses of court, or of other great personages. The reason whereof is, because they are most used by night, when otherwise men com∣monly sleep, & be at rest. In the Kings house there is an officer called the Master of these Reves, who hath the ordering, and dispo∣sitions of these pastimes in the Court.

Revenewe, is a French word, signifying as much as Reditio, Reversio, Reditus. It signifieth properly the yearly rent that groweth to every man form his lands and possessions.

Reversion (Reversio) signifieth in the common Law, a possibility reserved to a mans self and his heirs, to have again lands or tenements made over conditionally unto others, upon the defect or fayling of such condition. The difference between a Re∣mainder, and a Reversion is, that a Re∣mainder is general, and may be to any man but to him that graunteth, or convey∣eth the land, &c. for term of life only or otherwise: a Reversion is to himself from whom the conveiance of the land, &c. pro∣ceeded, and commonly perpetual, as to his heirs also, Littleton fol. 12. in fine. See Cook lib. 2. Sir Hugh Cholmleis case, fol. 51. a. And yet a reversion is sometime con∣founded with a remainder. Cook li. 2. Took∣ers case, fol. 67. b. Plowden, casu Hille, fol 170. q. What this word Reversion in a deed doth carrie, See Littleton, lib. 2. cap. 12.

Revocation (Revocatio) is the calling back of a thing granted. Of these you have divers in the Register original, as Re∣vocationem brevis de audiendo et terminando. fol. 124. Revocationem praesentationis, fol. 304, et 305. Revocationem protectionis, fol. 23. Revocationem specialium Iusticiariorum quia, &c. fol. 205.

Reviving, is a word metaphorically ap∣plied to rents and actions, and signifieth a renewing of them, after they be extinguish∣ed: no lesse than if a man, or other living creature should be dead, and restored to life. See divers examples in Brook, titulo, Revi∣vings of rents, action, &c. fol. 223.

Rewardum. See Regard.

Reweye anno 43 Blizab. cap. 10.

RI

Rie, is a Saxon word signifying as much as Regnum in Latine, Camd. Britan. Pag. 346.

Reins passe per le fait, is a form of an ex∣ception taken in same cases to an action. See Brook titulo Estaunger al fait or Re∣cord.

Riens dans le gard, was a chalenge to a Iu∣ry, or enquest within London, for that four sufficient men of livelyhood to the yearly value of fortie shillings above all charges within the same City, and dwelling and ha∣ving within the same ward, were not impa∣nelled therein. But it is abrogated by the Statute, An. 7 H. 7. cap. 4.

Rier county (Retrocomitatus) seemeth to come of the French (Arriere, i. posterior) and in the Statute, Anno 2. Edwar. 3. cap. 5. is opposite to the open county. And by comparison of that Statute with Westm. 2. cap. 38. it appeareth to be some publike place, which the Shyreeve appointeth for the receipt of the Kings money after the end of his County. Fleta saith, that it is diet crastinus post comitatum, li. 2. cap. 67. R. Quia Iusticiurii.

Right, Rectum. See Recto.

Ridings, be the names of the parts or di∣visions of York shire, being three in number, viz. West riding, East riding, and North ri∣ding. Cambd. Britan, pag. 530. This word is mentioned in the Statute, anno 22 H. 8. cap. 5, & 23 H 8. cap. 18. and M. West. parte 2. symbol. titulo Inditements saith, that in Inditements within that County, it is requi∣site that the town, and the Riding be expre∣sed, sect. 70. Q.

Right in the Court, Anno 6 R. 2. stat. 1. cap. 12. See Rectus in Curia.

Ringhead, anno 43 Elizab. cap. 10.

Riot (Riottum) cometh of the French (Riot∣ter, i. rixari) It signifieth in our common Law the forcible doing of an unlawful act, by three or more persons assembled together for that purpose. Westm. parte 2. symbol. titulo, Inditements, sect. 65. P. The diffe∣rences and agreements between a Riot, Rout, and unlawfull assembly, See in M. Lamb. Eirenarcha. lib. 2. cap. 5. &c. See the Statute 1 M. 1. ca. 12. et Kitchin, fol. 19. who giveth these examples of Riots: the breach of inclosures, or banks, or conducts, parks, pownds, houses, barnes, the burning or stacks of corn. Mr. Lamberd ubi supra, useth these examples: to beat a man, to en∣ter upon a possession forcibly. See Ront, and unlawful assembly. See also Cromptons Iustice of peace divers cases of Riots, &c. fol. 53. See Trihings.

Ripiers, (riparii) be those that use to bring fish from the sea coast to the inner parts of the land, Camd. Britan. pag. 234. It is a word made of the Latine (Ripa.)

Rize (oriza) is a kind of corn growing in Spain, Asia, and India, with the which both good foods and medicines be made, whereof if you desire farther knowledge, read Gerards Herbal, lib. 1. cap. 52. This is mentioned among merchandize to be garbled, in the Statute anno 1 Jaco. cap. 19.

RO

Roag (rogus) seemeth to come of the French (Rogu, i. arrogans) It signifieth with us an idle sturdy begger, that wan∣dring from place to place without pasport, after he hath been by Justices bestowed up∣on some certain place of aboad, or offered to be bestowed, is condemned to be so cal∣led, who for the first offence, is called a Roag of the first degree, and punished by whipping, and boring thorow the grissel of the right ear with an hot iron an inch in compass: and for the second offence, is called a Roag of the second degree, and put to death as a felon, if he be above 18 years old. See the Statute anno 14 Eliz. cap. 5. & 18 ejusdem, cap. 3. & anno 36. cap. 17. If you will know who be Rogues, and to be punished as Rogues by law, read Lamberts Eirenarcha, lib. 4 cap. 4. See Rout.

Robbery (robaria) commeth of the French (Robbe, i. vestis) and in our Common law, a felonious taking away of ano∣ther mans goods from his person or presence, against his will, putting him in fear, and of purpose to steal the same goods, West. parte 2. Jymbol. titulo Indite∣ments, sect. 60. This is sometime called vio∣lent theft, Idem, eodem, which is felony for two pence. Kitchin, fol. 16. and 22. lib. Assis. 39. Robaria is a word also used in other Nations, as appeareth by the anno∣tations upon Mathaeus de afflictis, descis. 82. num. 6. pag. 122. See Skene verbo Reif. libro de verbo. significat. See Cromp. Justice of peace, f. 30. b.

Roberdsmen, an. 5 Ed. 3. cap. 14. & an∣no 7 R. 2. cap. 5. M. Lamb. interpreteth them to be mighty theeves. Eirenarch. li. 2. cap. 6. pag. 90.

Rodknights, aliâs Radknights, are certain servitours, which hold their land by serving their Lord on Horse-back. Bracton li. 2. ca. 36. num. 6. saith of them, debet equitars cum Domino sus de manerio in manerium, vel cum Domint uxore. Flo a lib. 3. cap. 14. § Continetus.

Redde (Pertica) is otherwise called a Pearch, and is a measure of sixteen foot and an half long, and in Stafford-shire 20 foot, to measure land with. See Pearch.

Rose tyle, alias Creast tyle, is that tyle which is made to lay upon the rudge of the house, anno 17 Ed. 4. cap. 4.

Rogation week (dies rogationum) is a time well known to all, being otherwise called Gang-week. The reason why it is so ter∣med, is because of the especial devotion of Prayer and Fasting, then enjoyned by the Church to all men, for a preparative to the joyfull remembrance of Christs glorious Ascension, and the Descension of the holy Ghost, in the form of cloven Tongues shortly after. And in that respect the so∣lemnization of carnal Matrimony is forbid∣den, from the first day of the said week, un∣till Trinity sunday. See Advent.

Rood of land, (roda terrae) is a certain quantity of Land being the fourth part of an Acre. Anno 5 Eliza. cap. 5. See Perch.

Roll, alias Roule, (rotulum) commeth of the French (rouler, i. volvere, pervolvere, rotare) whence also is the French (Role ou Roule, i. volumen, catalogus, codex) It signi∣fieth with us a shedule of Paper, or Parch∣ment turned or wound up with the hand to the fashion of a pipe. So is it used in Stawnf∣plees of the Crown, fol. 11. The Chequer Roll of the Kings house, out of the statute anno 3 H. 7. cap. 13. which signifieth no∣thing but the Catalogue wherin the names of the Kings Houshold servants are set down. And anno 5 Rich. 2. cap. 14. stat. prim. there is mention made of the great Roll of the Exchequer, which seemeth o∣therwise to be called the Pipe. The Roules is also a place destinated, by Edward 3. to the keeping of the rolls, or records of the Chancery, situate between the two Temples in London, Cambden Britan pag. 321. the Master whereof is the second man in Chancery, and in the absence of the Lord Chancellor, or Keeper, sitteth as Iudge, be∣ing commonly called the Master of the Rolls. See Master of the Rolls.

Romescot, is compounded of Rome, and Scot, as you would say, the tribute due to Rome: it is called by Matthaeus Westmona∣steriensis, consuetudo Apostolica, à qua neque Re••, neque Archiepiscopus, vel Episcopus, Abbas, vel Prier, aut quilibet inregno im∣munis erat: and was first granted by Offa a Saxon King. Camden. Britan. pag. 6. See Peter pence: and Roger Hoveden parte

poster, suorum annalium, fol. 34 i. a. in Hen. secundo.

Roundlet, is a certain measure of Wine, Oyl, &c. containing 18 gallons and an half, anno 1 R. 3. cap. 13.

Rout (routá) is a French word signifying a company or flock: as (une grande route de gents on de cerfs, i. grex hominum, longa servo∣rum series) It signifieth in our Common law, an Assembly of three persons or more, going on about forcibly to commit an unlawfull act, but yet do it not, Westm. parte 2. symb. ti∣tule Indictments, sect. 65. O. M. Lamberd thus saith of it: A Rout is the same, which the Ge••manes yet call Rot, meaning a bond or great company of men gathered toge∣ther, and going about to execute, or exe∣cuting indeed, any Ryot or unlawfull act: and (saith more) it is said properly of the multitude that assembleth themselves in such disorderly sort, for their common quarrels. As if the Inhabitants of a Town-ship do as∣semble to pull down a hedge, or pale, to have their common, where they ought to have none, or to beat a man that hath done them some publike offence or displeasure. But the Statute of 18 Ed. 3. stat. prim. cap. unico, which giveth process of outlawry a∣gainst such as bring routs into the presence of the Instices, or in any affray of the people, and the Statute of 2 Richard 2 cap. 6. that speaketh of riding in great routs to make entry into Lands, and to beat others, and to take their wives, &c. do seem to under∣stand it more largely. And it is a rout whether they put their purpose in ex∣ecution or no, if so be, that they do go, ride, or move forward after they meeting. Brook titulo Riot. 4. & 5. So (as it seemeth) a Rout should be a special kind of unlawfull assembly: and a Riot the disorderly fact committed generally by any unlawfull Assembly. Howsoever it be, two things are common both to Riot, Rout, and un∣lawfull Assembly: the one, that three persons at the least be gathered together, for so it is commonly taken at this day, as I have lear∣ned: the other, that they being together, do breed disturbance of the peace, either by signification of speech, shew of Armour, turbulent gesture, or actual and expresse vi∣olence: so that either the peaceable sort of men be unquietted, and feared by the fact, or the lighter sort, and busie bodies, em∣boldned by the example. Thus far M. Lam∣berd in his Eirenarcha, libre 2. cap. 5. &c. where you may read more worth the no∣ting, though too long to be copied out. See Riot, and Unlawfull assembly. Kitchin giveth the same definition of a Rout, fo. 20.

Rowing of clothes, anno 27. H. 8. cap. 13.

Royal assent (regius assensus) is that ap∣probation which the King giveth to a thing formerly done by others: as to the election of a Bishop by Dean and Chapter. Which gi∣ven, then he sendeth-an especial Writ to some person for the taking of fealty. The form of which Writ you may see in Fitzh. na. br. f. 170. C. And also to a Bill passed by both the houses of Parliament, Cromptons Jurisd. folio 8. which assent being once given, the Bill is indorsed with these words, Le Roy veult, i. It pleaseth the King. If he re∣fuse to agree unto it, then thus, Le Roy avi∣sera, i. the King will yet think of it. See Parliament.

Royalties (Regalia vel regalitates) be the rights of the King, Iura Regis. Hotoman in verbis feudalibus, verbo, Regum Feudi∣stae. And so are they understood of us like∣wise, who otherwise call them the Kings Prerogative. See Prerogative. And some of these be such as the King may grant unto Common persons, some so high, as may not be separated from his own Crown pri∣vativè, as the Civilians term it, though dumulativè he may. See Bracton lib. 2. cap. 5. These be in some sort expressed in the first of Samuel, cap. 8. but these generali∣ties be specified more at large by those Law∣yers that write of this point. Among whom I especially commend Mathaeum de Afflictis upon the Title of the Feuds. Quae sint regalia, being the 33. title of the third Book as some divide them, but according to others the 56. of the second Book; where be named in the Text 25 specialties of Roy∣alties. See also Hotomans Commentaries in lib. 2. Feudor. cap. 56.

Rougecrosse. See Herald.

RU

Rudge washed Kersey, i. made of fleece wool washed only on the sheeps back, Anno 35 Eliz. cap. 10.

SA

SAbles, See Furre.

Sac (Sacba vel Sacca) is a Royalty or privilege touching plee, and correction of trespasses of men within a Manor. Rastal, titulo Exposition of words: where he addeth this reason: because (saith he) Sac in Eng∣lish is (Encheson) in French: as to say, for sick sack, pur quel encheson, i. for what hurt. That which our Common Lawyers call (encheson) the true French man termeth

(Achoise, i. occasionem) as (Achoise fort grande, occasio ampla) or else may encheson come of Encheoir, i. incidere) which we in English call an accident, or incident. But all this is far enough from (Sac) and from the interpretation thereof, as it is a Liberty or Privilege. Bracton hath the word, as Stawnford noteth out of him, pl. cor. lib. pri. cap. 23. but neither of them both do parti∣cularly interpret it. Bractors words he these, lib. 3. tract. 2. cap. 8. vel si sit aliquis qui de concessione Domins Regis talem habcat liber∣tatem (sicut sock et sack, Tolnetum, Team, Infangthefe, et Hutfanghhefe) qui inventus fuerit seisitus de aliquo satrocinio, sicut Hond∣habende et Backberend, tales habent rega∣lem potestatem: et unde qui tales liberta∣tes habent, habebunt prisonam suam de tali∣bus, quia possunt tales in Curia suae judicare. Of the which matter he speaketh also in lib. 2. cap. 24. nu. 2, & 3. and again lib. 3. traect. 2. cap. 35. But in none of these places he giveth any interpretation of the word. Sax∣on in his description of England defineth Sack to be a forfeiture, as doth Rastol ubi su∣pra, fol. 132 M. Cambden in his Britan. pag. 415. speaking of L••ncoln: hath these words: Edwarde Confessore regnante, erant (ex cen∣suali libro loquor) 1070. mansiones hospitalae, et áucd-cim Legemam habentes socan et sa∣cam. To all these adde Bracton, lib. 2. ca. 5. where he writeth thus. Sunt et aliae res qua∣si sacrae, quae personam Regis respiciunt, et aliquando transferri non p ssunt, xisi Justici∣ariis Domini Regis, sicut visus Franciplegii, placita de vetito mannio, emendatio transgres∣sionis Assis••rum, Iua••cium latronum, sicnt de illis qui habent sock et sack et hujusmodi omnia, quae pertinent ad pacem, et per conser quexs ad Coronam. I am informed, that the word (sack) in the Saxon tougue doth properly signifie so much as (causa) with the Latins: whence we in English have the word (sake) as (for whose sake) M. Skene de verb. signif. verbo, Sacke, writeth thus. In some old books it is called placitum et emen∣da de transgressione hominum in Curia No∣stra. In the Laws of King Edward set forth by Master Lamberd, fol. 132 it is written (Sacha) Sacha autem est, si quilibet altquem nominatim de aliquo collumniatus fuerit, et il le negaverit, forisfactura probationis, vel ne∣gationis (sievenerit) sua erit. Which may be called the Amercement payed by him who denieth that thing which is proved a∣gainst him to be true, or affirmeth that thing, the contrary whereof is true. Thus far M. Skene. Fleta of this hath these words: Sake significat acquietantiam de secta ad Comita∣tum, et Hundredum, lib. 1. ca. 47. §. Sake. But by all those I find not any reason of the word, that is, why this liberty should be so called, and therefore I must leave it to better Antiquaries or Linguists. See Ro∣ger Hoveden parte poster. suorum annalium fol 345.

Sacchius cum breckia, seemeth to be a service of finding a Sack and a broach to the King by vertue of a Tenure, for the use of his Armie. Bract. lib. 2. cap. 16. n. 6.

Sacke of Wool (saccus lanae is a quantity of wooll, that containeth 26. stone; and a stone, fourteen pounds, anno 14 Edw. 3. stat. 1. cap. 21. See Sarplar.

Sacramento recipiendo, quod vidua Regis se non maritabit sine licentia Regis, is a Writ or commission to one for the taking of an oath of the Kings Widow, that she shall not marry without the Kings licence. Register original, fol, 298. a.

Safe conduct. See Saulf conduct.

Salus, is a coyn of Gold stamped by King Henry the sixth in France, which on∣ly coyn, with another of Blanes of eight pence a piece, was current in those places of France, where King Henry was obeyed. Stowes Aunals, pag. 589.

Safe pledge (Salvus plegius) is a surety given for a mans apparence against a day as∣signed Beacton lib. 4. cap. 2. nu. 2. where it is also called certus plegius.

Sailing ware, anno prim. R. 3. cap. 8.

Sak. See Sac.

Sakeber, in Britton cap. 15. et 29. seemeth to be he that is robbed; or by theft depri∣ved of his goods: with whom Bracton also agreeth, lib. 3. tracta. 2. cap. 32. nu. 2. in these words: Fartum vero manifestum est, ubi latro deprehensus sit seisitus de aliquo la∣trocino se. Hondbabende, et Backberend, et insecutus fuerit per al••quem, cujus res illa fu∣crit, qui dicitur Sacaburthe, &c. or Satha∣ber, as Stanford calleth it pl. cor. lib. pri. cap. 21. The interpretation of this word I find not. Only M. Skene de verbo. interpretatio ne. verbo. (Sacreborgh) thinketh it should rather be written. Sackerborgh, of (Sacker, i. Securus) and Borgh, i. plegius, signify∣ing a sure cautioner or surety which one findeth to another for theft, or slaughter: whereof he offereth to accuse him judicially. For in this case it behoveth the pursuer to oblige, or bind himself into the hands of the Officer, or before a ludge competent with Sicker Borg, or sure caution, that he will pursue in form of Law. And by this means

it may be, that the accuser was wont with us to be called Sakbere of a circumstance, because in this case he was surely bound to pursue. Sycker is also an old English word, signifying as much as sure, secure, or certain, and see Borowe.

Salet, is a head-piece, anno 4, et 5. Phil. et Mar. it seemeth to come from the French (Salut. i. Salus.)

Salmon sewse, seemeth to be the young fry of Salmon, quasi salmon issue, anno 13. Rich. 3. stat. pri. cap. 19.

Salva Gardia, is a security given by the King to a stranger, fearing the violence of some of his subjects, for seeking his right by course of Law: the form whereof see in the Register original, fol. 26. a. b.

Sanctuarie (Sanctuarium) is a place pri∣vileged by the Prince, for the safeguard of mens lives, that are offenders, being foan∣ded upon the Law of mercie, and upon the great reverence, honour, and devotion, which the Prince beareth to the place, wher∣unto he granteth such a privilege. Of this you may read a sufficient treatise in Stawnf. pl. cor. lib. 2. cap. 38. This seemeth to have taken beginning from the Cities of refuge: which Moyses appointed them to flye unto for safegard of their lives, that had by ca∣sualtie slain a man, Exodus cap. 21. In bast∣ardly imitation whereof, first the Athenians, then Romulus erected such a place of immu∣nity, which they, and he after them called Asylum, Polydor: Virg: de inventione re∣rum, li. 3. cap. 12. The Emperours of Rome made the places of their own statues or Ima∣ges, a place of refuge, as appeareth. Cod. lib. 1. titulo 15. De iis qui adstatuas con∣sugium: as also the Churches: codem titulo 12. De iis qui ad ecclesias confu∣giunt, &c. But among all other nations, our anci-ne Kings of England seem to have attri∣buted most to these Sanctuaries, permitting them to shelter such, as had committed both felonies, and treasons, so that within forty dayes they acknowledged their fault, and so submitted themselves to banishment: du∣ring which time if any man expelled them, if he were Lay, he was excommunicated, if a Clerk, he was made irregular. But after forty daies no man might relieve them. Stawnf ubi supra. See of this the new book of Entries: verb. Sanctuary: and Fleta: lib. 1 cap. 29. And how by degrees they have been taken away, you may read part∣ly in him, and partly in the statutes, a. 26 Hen. 8 cap. 13. et anno 28 ejusdem, cap. 7. et anno 32 ejusd. cap. 12. et anno 33 ejudsem, cap. 15. et anno pri. Ed. 6. cap. 12. et anno 2 ejusdem, cap. 2. et cap. 33. et anno 5 ejusdem, cap. 10. See Abjuration.

Salarie (salarium) is a recompence or consideration made to any man for his pains or industry bestowed upon another mans businesse. So called, as Pliny saith, qui tam necessarium quam sat homini. The word you have, anno 23 Ed. 3. cap. pri.

Salmon pipe, anno 25 H. 8. cap. 7. is an engine to catch Salmons, and such like Fish.

Sandal, anno 2 Rch. 2. cap. 1. is a mer∣chandize brought into England. And it seemeth to be a kind of wood brought out of India. For (Sandal) in French so signi∣fieth, and in Latin it is called Santalum.

Sarkling time, or time of sarcling. Seem∣eth to be all one with hey seel. Or the time when the Country man weedeth his Corn. And it proceedeth from the Latin sar∣culore, to rake or weed. Or from the French (Sarcler) which hath all one signification.

Sarplar, (sarpleralana) is a quantity of VVooll. This in Scotland is called Ser∣pliathe and containeth fourscore stone, for the Lords of the Councel in anno 1527. de∣creed four Serpliathes of packed wool to contain sixteenscore stone of wool, by the traffique of Merchants now used. The Mer∣chants use to fraught for their goods to Flanders by the Sack; to France, Spain, and England, by the Tunne, and to Danken, and the Eastern Seas, by the Serpliath. Skene de verborum significatione, verbo Ser∣pliat e, with us England a load of wooll (as I have been informed) consisteth of eighty Todde, each Todde consisting of two stone, and each stone of fourteen pound And that a Sack of wool is in common ac∣count equal with a Load: and a Sarplar (otherwise called a pocket) is half a Sack. Further that a pack of wooll is a Horse load, which consisteth of seventeen stone, two pounds. Fleta lib. 2. cap. 12. saith, that all our English measures are compounded of the penny sterling, which weigheth 32. VVheat corns of the middle sort, and that two of those pence make an ounce, and twelve ounces a pound in weight, or twenty shillings in number, and that eight pound of VVheat maketh a jallon, or a gallon as we now call it, and eight gallons a bushell, and eight bushels a common quarter. Also that fifteen ounces of the quantity aforesaid do make a Mérchants pound. And that 12. such pounds and a half, make a stone, and that fourteen stone make a waigh, and that two waighes or twenty eight stone, make a

sack of Wool, which ought to weigh a quarter of Wheat, and that 12 Sacks make a Last. So that a weigh and a Sarpler seem∣eth to be all one, but that the Sarpler is the case, and the weigh respecteth the quantity of the Wooll it self: and that a load and a sack is all one.

Saunkefin, is a phrase used by Britten, cap. 119. for the determination or final end of the lineal race, or descent of a kindred. It seemeth to come from the French (Sorg, i. sanguis) and Fine, i. finitus.)

Sauer de default, is word for word to ex∣cuse a default. This is properly, when a man having made default in Court, com∣meth afterward and allegeth good cause, why he did it, as imprisonment at the same time, or such like. New book of Entries, verb. Sauer de default.

Saulf conduct (salvus conductus) is a se∣curity given by the Prince, under the broad seal to a stranger, for his quiet comming in and passing out of the Realm, touching which you may see the Statutes, anno 15 H. 6. cap. 3. & anno 18 ejusdem, cap. 18. & anno 28 Hen. 8. cap. pri. The form of this see in the Register original, fol. 25.

SC

Stawnford, was a man very learned in the Common laws of the Land, wherein he wrote two books, one termed the pleas of the Crown, the other the Princes preroga∣tive. He flourished in the daies of Ed. the sixth, and of Queen Mary, being in Queen Marics daies a Judge, and knighted.

Scandalum Magnatum, is the especial name of a wrong done to any high perso∣nage of the Land, as Prelates, Dukes, Earls, Barons, and other Nobles: and also of the Chanceller, Treasurer, Clerk of the Privy Seal, Steward of the house, Justice, of one bench or of the other, and other great Offi∣cers of the Realm, by false news: or hor∣rible and false messages, whereby debates and discords betwixt them and the Com∣mons, or any scandal to their persons might arise. anno 2 R. 2. cap. 5.

Scavage, otherwise called Shewage, is a kind of toll, or custome exacted by Maiors, Shyreeves, and Bayliffs of Cities, and Bo∣rough Towns, of Merchants for wares shew∣ed to be sold within their Precincts which is forbidden by the Statute, anno 19 Hen. 7. cap. 8. It commeth of the Saxon word (Sceawe) to behold or view, or to shew whence is the word (Sceaw stowe) a theater or shew place, a beholding place. M. Ver∣stigan in his restitution of decayed Intelligen∣ces litera S.

Scire facias, is Writ judicial, most com∣monly to call a man to shew cause unto the Court, whence it is sent, why execution of a Judgement passed, should not be made. This writ is not granted before a year and a day be passed after the Iudgement given, Old nat. br. fol. 151. Scire facias upon a fine, lyeth after a year and a day from the fine le∣vied. Otherwise it is all one with the writ Ha∣bere facias seisinam. West. part. 2. symb. litulo fines, sect. 137 See anno 25 Edwardi 3. sta. 5. cab. 2. v. anno 39 Elizabeth cap 7. The Register original and judicial also in the Table sheweth many other diversities of this writ, which read. See also the new bock of Entries, verb. Scire facias.

Scyra. Cambd. Britan. pag. 103. & 544. See Shyre.

Scot seemeth to come of the French (e∣scot, i. symbolum) Rastal saith it is a certain custome, or common tallage made to the use of the Shyreeve, or his Bailiffs. Saxon in his description of England, cap. 11. saith thus: Scot a gadering to work of Bails: what he meaneth God knoweth, I think the place is corruptly printed. Scot (saith M. Cambden out of Mathew of Westm.) illud dicitur, quod ex diversis rebus in unum aceru. um aggregatur. In the Laws of William the Conqueror, set forth by M. Lamberd: fol. 125. you have these words. Et omnis Francigena, qui temp••re Edwardi propinqui nostri fuit in Anglia, particeps consuetudi∣num Anglorum, quod dicunt aue hlote & aue scote persolvantur secundum legem Anglo∣rum.

Scot and Lot anno 33 H. 8. cap. 19. signi∣fieth a customary tontribution laid upon all subjects after their hability. Roger Hove∣den writeth it Anlote & Anscote, in principio Henrici secundi.

Scotall (scotalla) is a word used in the Charter of the Forest, c. 7. in these words, as Pupilla ceuli hath them, parte 5. cap. 22. Nullus Forestarius vel Bedellus, facrat Scotal∣las vel garbas colligat, vel aliquam collectam faciat, &c. M. Manwood part. pri. of his Forest laws, pag. 216, thus defineth it. A Scotall is where any Officer of the Forest doth keep an Ale house within the Forest, by colour of his Office, causing men to come to his house, and there to spend their mony, for scar of ha∣ving displeasure. It seemeth to be compound∣ed of Scot and Ale.

Scutagio habendo, is a writ that lyeth for the King and other Lord against the Terent, that holdeth by Knights service, (where∣in homage, sealty and escuage be conteined)

being to make a voyage to war against the Scots, or French men. For in those cases, this writ issueth out to all such Tenents to serve by themselves, or a sufficient man in their place, or else to pay, &c. See Fitz. nat. br. fol. 83. It is used in the Register original, for him to recover escuage of o∣thers, that hath either by service or fine performed his own to the King, fol. 88. a.

SE

Sealer (Stgillator) is an Officer in Chan∣cery, whose duty is to seal the Writs and Instruments there made.

Sean fish, anno 1 Jacob. ses. 1. ca. 25. Sean fish, tbidem, seemeth to be that fish which is taken with a very great and long net called a Sean.

Second deliverance (secunda deliberatio∣ne) is a VVrit that lyeth for him who after a return of Cattel replevied adjudged to him that distreined them, by reason of a default in the partie that replevied, for the reple∣vying of the same Cattel again, upon securi∣ty put in for the redelivery of them, if in case the distresse be justified. New Book of En∣tries verbo Replevin in second delive∣rance, fol. 522. col. 2. v. Dyer fol. 41. num 4, 5.

Secta ad Curiam, is a writ that lyeth a∣gainst him, who refuseth to perform his sute either to the County, or Court Baron. Fitz. nat. bre. fol. 158.

Secta facienda per illum qui habet eniciam partem, is a VVrit to compel the Heir that hath the elders part of the cobeires, to per∣form service for all the Coparceners. Regist. orig. fol. 177. a.

Secta mosendiui, is a VVrit lying against him, that hath used to grind at the Mill of B. and after goeth to another Mill with his Corn. Register original, fol. 153. Fitzh, uat. br. 122. But it seemeth by him, that his writ lyeth especially for the Lord against this frank Tenents, who hold of him by ma∣king sute to his Mill, eodem. See the new book of Entries, verbo secta ad molendinum. By likelihood this service is also in France: For Balduinus ad titulum de servitutibus praediorum, in Institut. hath these words: Bannalis mola novae & barbarae servitutis species est, qua hodie passim rustici cogunt ur una mola, quam bannalem vocamus, unoque furno uti ad quaestum Deasini, qui fortasse prae∣est jurisdictioni ejus pagi.

Sectam proferre, est testimonium legalium hominum qui contractui inter eos habito inter∣fuerint praesentes producere. Fleta lib. 2. cap. 63. §. Nullus. And secta is used for a witnesse, Idem, lib. 4. cap. 16. §. final. Habes tamen sectam unam vel plures. &c.

Secta ad justiciam faciendam, is a service due for a mans fee to be persormed, being by his fee bound thereunto. Bracton lib. 2. cap. 16. num. 6.

Secta unica tantum facienda propluribus haereditatibus, is a Writ that lyeth for that Heir that is distreined by the Lord to more sutes than one, in respect of the Land of di∣vers Heirs descended unto him. Register original folio 177. a.

Sectis non faciendis, is a VVrit, that ly∣eth for one in wardship to be delivered of all sutes of Court during his wardship, Register origin. fol. 173. b. See other use of this writ, eodem, fol. 174. touching women that for their Dower ought not to perform sure of Court.

Secunda superoneratione pasturae, is a writ that lyeth, where measurement of pasture hath been made, and he that first surcharged the common, doth again furcharge it, the measurement notwithstanding. Register o∣riginal, fo. 157. Old nat. br. fol. 73.

Secundarie, (secundarius) is the name of an Officer next unto the chief Officer: as the Secundary of the fine Office: the Se∣cundary of the Counter: which is (as I take it) next to the Shyreeve in London in each of the two Counters. Secundary of the Of∣fice of the privy seal, anno 1 Ed. 4. cap. 1. Secundaries of the Pipe two: Secundary to the remembrancers, two, which be Offi∣cers in the Exchequer. Camden, pag. 113.

Securitatem inveniendi, quòd se non diver∣tat ad partes exteras sine licentia Regis, is a writ that lyeth for the King against any of his subjects, to stay them from going out of his Kingdom. The ground whereof is this, that every man is bound to serve and defend the Common-wealth, as the King shall think meet. Fitz. nat. br. fol. 85.

Securitate pacis, is a writ that lyeth for one, who is threatened death or danger, a∣gainst him that threateneth, taken out of the Chancery to the Shyreeve: whereof the form and farder use you may see in the Register orig. fo. 88. b. and Fitz. nat. brev. fo. 79.

Se defendendo, is a plee for him that is charged with the death of another, saying that he was driven unto that which he did, in his own defence, the other so assaulting him, that if he had not done as he did, he must have been in peril of his own life. Which danger ought to be so great, as that it appear inevitable. As Stawnford saith in his plees of the Crown, lib. 1. cap. 7. And

if he do justifie it to be done in his own de∣fence, yet is he driven to procure his pardon of course from the Lord Chanceller, and for∣feiteth his goods to the King. As the said Author saith in the same place.

Seignior (Dominus) is borrowed of the French (seigneur) It signifieth in the gene∣ral signification, as much as Lord: but par∣ticularly it is used for the Lord of the see, or of a Mannor, even as (Dominus) or (senior) among the Feudists, is he, who granteth a fee or benefit out of the Land to another. And the reason is (as Hotoman saith) because having granted the use and profit of the land to another: yet the property, i. (Dominium) he still reteineth in himself. See Hotoman in verbis Feudal. verbo Dominus & Senior. Seignior in grosse seemeth to be he that is Lord, but of no mannor, and therefore can keep no Court. Fitz. nat. br. fol. 3. b. See Signorie.

Seignourage, anno 9 H. 5. stat. 2. cap. 1. seemeth to be a regality or Prerogative of the King, whereby he challengeth allow∣ance of gold and silver brought in the Masse to his Exchange, for coyn.

Seignorie (Dominium) is borrowed of the French (seigneury, i. ditio, dominatus, Impe∣rium, principatus, potentatus.) It signifieth peculiarly with us, a Manor, or Lordship. Seignorie de soke mans. Kitchin fol. 80. Seignorie in grosse, seemeth to be the Title of him that is not Lord by means of any Ma∣nor, but immediately in his own person: as Tenure in capite, whereby one holdeth of the King, as of his Crown, is seignorie in grosse: because it is held of the King for the time being, and not of the King, as of any ho∣nour, manor, &c. Kitchtn, fol. 206. See Seignior.

Seisin (seisina) is borrowed of the French (seisine, i. possessio,) and so it signifieth in our Common law: and to seise, is to take possession. Primier seisin (prima seisina) is the first possession. See Primier seisin. Of the French word (seisir) is made a Latine (seisire,) used by the Canonists, cap. Cleri∣cis. §. Nos igitur non semel de immunitate Ecclesiae, num. 6. as also the Civilians, Guido Pap. singulo. 865. Seisire est etiam possessio∣nem tradere. Tiraquellas in Tractatu Le mort saisit le vif. pag. 53. num. 3. Seisin with our Common Lawyers, is two fold: seisin in fact, and seisin in Law. Perkins Dower, 369.370. Seisin in fact is, when a corporal pos∣session is taken: seisin in Law is, when something is done, which the Law ac∣counteth a seisin, as an Inrollment. Seisin in Law, is as much as a right to Lands and Te∣nements, though the Owner be by wrong disseised of them. Perkins Tenent per le courtesie, 457.478. And it seemeth by Ing∣ham, that he who hath had an hours posses∣sion quietly taken, hath seisin de droit, & de claim, whereof no man may disseise him by his own force or subtilty, but must be dri∣ven to his action. §. Bref de novel disseisin. Sir Edward Cook lib. 4. calleth it seisin in Law, or seisin actual. fol. 9. a. The Civili∣ans call the one civilem possessionem, the o∣ther naturalem.

Seisiua habenda quia Rex habuit annum, diem, & vastum, is a Writ that lyeth for delivety of seisin to the Lord, of his Land, or Tene∣ments, that formerly was couvicted of felo∣ny, after the King in the right of his Prero∣gative, hath had the year, day, and waste. Reg. orig. fol. 165. a.

Selion (selio) is borowed of the French (sello, i. terra elata inter duos sulcos) in La∣tine (Porca) in English a Ridge, or land. It signifieth even so with us also: and is of no certain quantity, but sometime containeth half an Acre, sometime more, and sometime less. West. parte 2. symbol. titulo Recove∣ry, sect 3. Therefore Crompton in his ju∣risdictions, fol. 221. saith, that a selion of Land cannot be in demand, because it is a thing uncertain.

Seneshall (senescallus) is a French word, but borrowed from Germany, being as Tili∣us saith, compounded of Scal, i. servus, aut officialis, and (Gesnid, i. familia) we English it a Steward. As the high Seneshall, or Steward of England: pl. cor. fo. 152. High Seneshall or steward, and South Seneshall or Understeward, Kitchin fol. 83. is un∣derstood for a steward, or understeward of Courts. Seneshat de l'hostel de Roy, Stew∣ard of the KINGS Houshold. Cromptons Jurisdictions, fol. 102.

Senescallo & Mareshallo quod non teneant placita de libero tenemento, &c. is a writ di∣rected to the Steward or Marshal of Eng∣land, inhibiting them to take cognizance of any action in their Court, that concern∣eth either Freehold, debt, or Covenant. Register original, fol. 185. a. 191. b.

Senie, aliâs, Sene, (sena) is a leaf of a medi∣cinable herb, that bringeth forth stalks of a cubit high, purging Phlegmatick, Cholerick, and also Melancholick humours, without great violence. The farther use whereof you may read in Gerrards Herbal, lib. 3. cap. 8. This is mentioned among other Drugs and spices to be garbled, anno 1 Jac cap. 19.

Septuagesima, is a Sunday certain, and al∣waies the third Sabbath before Shrove sun∣day, from the which until the Octaves af∣ter Easter, the solemnizing of mariage is by the Canon laws forbidden. The reason whereof is given, for that all this time until Easter, is a time of mourning for the fall of Adam, and for the misery of man thereof insuing. And Easter with the Octaves there∣of is a time of Christs glorification, and so of ours also in him, for his, and by him our conquest over death and sin. And that therefore all carnal affection onght, during that space, to be wholly mortified in us. See Quinquagesima, see Advent, see Rogation week.

Sequitur sub suo periculo, is a writ, that lyeth, where a summons adwarrantizandum is awarded, and the Sheriff returneth, that he hath nothing whereby he may be summo∣ned. For then goeth out an (Aliâs) and (Pluries,) And if he come not at the (Plu∣ries) then shall go out this writ. Old nat. br. fol. 163.

Sequestration (sequestratio) is a separa∣ting of a thing in controversie from the pos∣session of both those that contend for it. And it is double; voluntary, or necessary. Vo∣luntary is that which is used by the consent of each party. Necessary is that which the Judge of his Authority doth, whether the parties will or not. It is used also for the act of the ordinary disposing of office, the goods and chattels of one deceased, whose estate no man will meddle with. Dyer fol. 232. num. 5. & fol. 256. num. 8. & fol. 160. num. 42. & fol. 271 num. 26. as also in the gather∣ing of the fruits of a Benefice void, to the use of the next Incumbent. anno 28 H. 8. cap. 11. Fortescue, cap. 50. and in divers other cases.

Sequestro habendo, is a writ judicial for the dissolving of a seqnestration made by the Bishop, at the Kings commandement of the fruits of a benefice, thereby to compell the Parson to appear at the sute of another: for the Parson upon his appearance may have this writ, for the release of the sequestration. Register judicial, fol. 36. a.

Sergeants (servians) commeth of the French (sergeant, i. satelles, accensus) a man of the Guard, a kind of Souldier, so called, because he was sepè accitus ad res necessarias in exercitu peragendas. Calepin. M. Skene de verb. signif. verb. Serjeant, hath these words: Sergeant commeth from Sergent quae est vox composita de (Serrer) quod est, in∣clndere, & gent. quod pro gente, populo vel plebe usurpatur. Itaque Serjandus disitur, qui jussu magistratus, quemlibet de populo reum crimints in carcerem corjicit, seu inclu∣dit. This word Sergeant is diversly used in our Law, and applyed to sundry offices and callings. First a Sergeant at Law (or of the Coyfe) is the highest degree taken in that profession, as a Doctor in the Civil law. And to these, as men best learned, and best experienced of all others, is there one Court severed, to plead in by themselves: (and that is the Court of Common pleas) where the Common law of England is most strictly observed. These are made by the Kings mandat, or VVrit, directed unto them, commanding them upon a great pe∣nalty, to take upon them that degree by a day certain 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 plead for him in all his causes: as namely, in causes of treason, pl. cor. li. 3. ca. pri. And of these there may be more if it so please the King. This is cal∣led in other Kingdomes, Advocatus Regius. Cassan. de consuet. Burgund. pag. 850. VVith what solemnity these Sergeants be created, read Fortescue cap. 50. This word Sergeant seemeth to be used in Britton for an Officer belonging to the County: who in his first Chapter speaking of Appeals made before the Coroner, hath these words in effect: And then let the Coroner cause his appeal to be entred, and the names of his sureties; And afterward let commandement be given to the Sergeant of the County, where the felony was committed, that he have the body of the persons appealed at the next County. And it is probable, that this Officer was all one with him, whom Bracton in his fifth book cap. 4. num. 2. calleth Servientem Hundredi: of whom he hath these words: Post probatio∣nem defaltae, faciet serviens Hundredi incon∣tinenti summonitionem, vel affidet partibus di∣em, si praesentes sint, ad proximum Comita∣tum, &c. This is like to be the same Officer, which in antient time was called the Bayliff of the Hundred, who (as is declared in Bay∣liff) had the like authority in his Hundred, that the Shyreeve had in the County, though inferiour to him, and to be controlled by him, as appeareth by divers antient presidents set down by Kitchin in his Tractat of Re∣turns in Court Hundred, Court-Baron, &c. I read also in Bracton lib. 3. tractat. 2. cap. 28. Of the Kings Sergeant, who is like to

be also an Officer in the County, in these words: speaking of a woman ravished, and what she ought to do for the pursute of the Ravisher, & sic ire debet ad prepositum Hundredi, & ad servientem Domini R••gis, & ad coronatores, & ad Vicecomitem & ad pri∣mum comitatum faciat appellum suum. And again eod. l. c. 32. in these words, & si sine secta cognoverit se inde esse latronem coram vicecomite, vel coronatore, vel serviente Domini Regis, &c. And again, lib. 5. tract. 3. cap. 4. num. 8. in these words: Quid si servien; Domini Regis dederit partibus diem ad Comitatum, &c. And by Fleta it seem∣eth that this Term was general to the Shy∣reeve, Coroner, and Bayliffs of Counties, who in his sixt book. cap. 3. § 1. hath these words: Com. quis igitur senserit dominum suum vel euriam suam sibi de recto defecisse, tunc ost ense hoc Vicecomiti, statim praecipiat ballivo Hundredi, vel iteneranti, vel alteri servienti Regis, quòd assumptis sibi l beris, & legalibus hominibus de viceneto illo, ad curiam illius domini, si quem, habue∣rit accedat, &c. And to help this probabili∣ty, I find that the Steward of a manner is termed serviens manerii. Coke, Vol. 4. Co∣pihold cases, fol. 21 a. Then is there a Ser∣geant at arms (serviens ad arma) whose Office is to attend the person of the King. An. 7 H. 7. ca. 3. to arest Traitors, or men of worth or reckning, that do, or are like to contemn Messengers of ordinary condition for other causes, and to attend the Lord high Steward of England sitting in judge∣ment upon any Traitor, and such like. pl. cor. lib. 3. cap. pri. Of these by the Sta∣tute anno 13 R. 2. cap. 6. there may not be a∣bove thirty in the Realm. This sort is cal∣led del espee. In the custumary of Nor. car. 5. which read. There be also some two of these Sergeants of the Parliament, one for the upper, another for the lower house, whose Office seemeth to serve for the keep∣ing of the Doors, and the execution of such Commandements, especially touching the apprehension of any offender, as ei∣ther house shall think good to enioyn them. See Cromptons Jurisdictions, fol. nono. See also Vowels, aliâs Hookers book of the or∣der of the Parliament. There is one of these that belongeth to the Chancery, who is also called a Sergeant of the Mace, as the rest may be, because they carry Maces by their office. He of the Chancery attendeth the Lord Chancellor, or Keeper in that court for the means to call all men into that Court, is either by this Officer, or by sub poena. West. pa. 2. Symb. tit. Chauncery Sect. 17. Then be there Sergeants that be the chief officers in their several functions, with∣in the Kings houshold, which be chief in their places, of which sort you may read many named in the statute anno 33 H. 8 cap. 12. There is also a more base kind of Sergeant of the Mace, whereof there is a troop in the City of London, and other Towns corporate, that serve the Maior or other head Officer, both for mesnial atten∣dance, and matter of Justice. Kitchin, fol. 143. And these are called Serviontes ad cla∣vam. New book of Entries, ver. scire faci∣as: in Mainperners, fol. 538. cap. 3.

Sergeantie (Serriantia) commeth of the French (Sergeant, i. satelles) and sig∣nifieth in our Common law, as service due to the King from his Tenent holding by such service. For this service cannot be due to any L. from his Tenent, but to the King only. And this is either grand or petit, as you shall find at large set down in Chivalry. Of this also you may read Bra. l. 2. c. 16. &c. 37. n. 5.4. et Brit. c. 66. n. 1. et 2. See Servies. M. Skene de ver. signif. calleth this Sergeantery, defining and dividing it as we do in England.

Servientihus. as certain writs touching servants, and their Masters violating the statutes made against their abuses, which see in the Regist. orig, fo. 189. et 190, et 191.

Service (servitium) though it have a general signification of duty toward them unto whom we owe the performance of a∣ny corporal labor of function: yet more especially in our Common law, it is used for that service, which the Tenent by reason of his fee, oweth unto his Lord. And so doth it signifie among the Feudists also. For Hotoman thus defineth it. Servitium est munus obsequit clientelaris. verbo Serviti∣um. De verbis feudal. or rather declareth it so to be defined, lib. feud. 2. titulo 51. Sect. 8. It is sometime called servage as anno 1 R. 2. cap. 6. This service is either mili∣tary, and noble, commonly called Knights service: or clownish and base, commonly called Soccage, of both which read Chi∣ry, as also scecage. And Bracton lib. 2. ca. 16. Service is divided by Britton into perso∣nal and real. cap. 66. where he maketh wards, mariages, homage, Reliefs, and such like, to be real services: personal, I ima∣gine, may those be called that are to be persormed by the person of the Tenent, as to follow his Lord into war, &c. The Ci∣vilians divide munera in this sort, either in personalia, or patrimonalia. Then Bracton

ubi supra. num. 7. distributeth servitium in intrinsecum, & extrinsecum aliâs forinse∣cum, & medium. Servitium intrinsecum is that, which is due to the capital Lord of the Mannro, Forinsecum is that which is due to the King, and not to the capital Lord, but when he goeth in his own person to serve; or when he hath satisfied the King for all services whatsoever. And a∣gain in the same place he saith, it is called Fornisecum, quia fit, & capitur foris, sive extra servitium, quod fit Domino capitali. See Forein service. Of this read him ubi su∣pra, more at large, and Fleta, lib. 2. cap. 14. §. Continetur. Servitia quae nec intrin∣seca necforinseca sunt. Bract. handleth in the same Chapter nu. 8. saying thus: sunt etiam quaedam consuetudines, quae nec dicun∣tur intriasecae, nec forinsecae: sed sunt quae∣d im servitia concomitantia, sicut servitia re∣galia, & militaria, & etiambemagia: & adeo in cbartis non sunt exprimendae. Quia si homagium praecesseris, et regale servitium sequitur exinde quod ad capitalem Domi∣num pertinebit Relivium, et custodia, et ma∣ritagium, sive servitium sit militare, vel seriantia propter exerci••um, &c. Here then Relief, Ward, and Mariage, be those ser∣vices, which he calleth, nec intrinseca, nec forinseca, sed concomitantia. Service is al∣so divided into frank service, and base, or villeinous service: the one Bracton calleth (liberum servitium) the other (servitium villanum) or (villenagium) lib. 2. cap. 8. num. pri. This villenagium is Soccage in base tenure, as to dung the Lords ground, to serve him so many daies in harvest, to plash his hedges, &c. or else copyhold. All other services seem to be frank. Service consiste••h some in seisance, some in render. Perkins Reservati∣ons. 696. Service seemeth also to be divided into continual, otherwise annual. and casual, or accidental. An example of the sormer is the seisin of rent, and of the other, seisin of Relief. Sir Edward Cokes Reports, lib. 4. Bevils case, fol. 9. a. See Co∣py hold. See Soccage. See Ayd.

Service secular, anno 1 Ed. 4. cap. 1. which may be contrary to spiritual. viz. the service divine commanded to spiritual men by their founders.

Servitours of Bills, seem to be such ser∣vants or messenger; of the Marshal belong∣to the Kings Bench, as were sent abroad with Bills, or Writs to summon men to that Court, being now more ordinarily called Tipstaffs.

Servitiis acquietandis, is a Writ judicial, that lyeth for one distreined for services by Iohn, which oweth and performeth to Ro∣bert, for the acquital of such services, Regi∣ster judicial, fol. 27. a. et 36. b.

Sessions (Sessiones) signifieth in our Com∣mon law a sitting of Justices in Court upon their commission, as the Sessions of oyer, and terminer, pl. cor. fol. 67. Quarter Ses∣sions, otherwise called general Sessions, an. 5 Elizabeth cap. 4. or open Sessions, ibidem. Opposite whereunto are especial, other∣wise called privy Sessions, which are procu∣red upon some special occasion, for the more speedy expedition of Iustice in some cause. Cromptons Iustice of peace, fol. 110. what things be inquirable in general Sessions See Cromptons Iustice of peace, fol. 109. Petit Sessions, or Statute Sessions, are kept by the high Constable of every Hundred, for the placing of servants, anno 5 Eliz. cap. 4. in fine.

Sessour, an. 25 Ed. 3. cap. 6. seemeth to signifie so much as assessing or rating of Wages at this day.

Set Cloathes, anno 27 Hen. 8. cap. 13.

Setwell, Valeriana, is a medicinal herb, the nature and divers kinds whereof you have in Gerards herbal, lib. 2. cap. 424. The root of this is mentioned among drugs to be garbled, an. 1 Iac. cap. 19.

Severance, is the singling of two or more, that joyn in one Writ., or are joyned in one Writ, For example if two joyn in a VVrit de Libertate probanda, and the one afterward be nonsute, here seve∣rance is permitted; so that, notwithstand∣ing the nonsute of the one, the other may severally proceed. Fitzherbert natura bre∣vium, fol. 78. l. K. Of this see Brook, titu∣lo Severance and Summons, fol. 238. For it is harder to know in what cases severance is permitted, than what it is. There is al∣so severance of the Tenents in an Assise, when as one or two, or more disseisours appeareth upon the VVrit, and not the other. New Book of Entries, fol. 81. col. 4. And severance in Attaints, eod. fo. 95. col. 2. And severance in Debt, verbo debt. fol. 220. col. 1. see the said Book, verbo Severance.

Seneral tayl (tallium separatum) is that whereby Land is given and entayled seve∣rally to two. For example land is given to two men, and their VVives, and to the Heirs of their bodies begotten: the Donees have joynt estate for their two lives, and yet they have several Inheritance: because the

issue of the one shall have his moyetie; and the issue of the other, the other moyetie, Kitchin ibid.

Several tenancy (tenura separalis) is a Plee, or exception taken to a writ, that is laid against two as joynt, which are several, Brook titulo, Severall tenancie fol. 273.

Sevantly woven, anno, 35. Eliza. cap. 10.

Sewer, hath two significations with us, one applyed to him that issueth or com∣meth in before the meat of the King, or o∣ther great personage, and placeth it upon the table the other to such passages, or gutters as carry water into the sea or river in Lawyers Latine called Sewera, an. 6. H. 6. c. 5. which is also used in common speech for commissioners authorised under the broad seal to see drains, and ditches, well kept, and maintained in the Marish and Fenne Countries, for the better conveyance of the water into the Sea, and the preser∣ving of the grasse for seed of Cattel stat. an. 6. H. 6. cap. 5. It is probable to bring this word from the French (issir) or (issue) as if we should call them (Issuers) because they give issue or passage to the water, &c. And the Latine word (suera) some time u∣sed in these commissions for these drains, is a competent reason of this conjecture: See Fitz. nat. brev. in Oyer and Terminer. Yet I find in an old French Book containing the Officers of the King of Englands Court as it was antiently governed, that he whom in Court we now call Sewer, was called (Asse∣our) which may seem to come from the French (Asseour wherein his Office in set∣ting down the meat upon the Table is well expressed. And Sewer as it signifieth an Offi¦cer, is by Fleta latined Assessor li. 2. c. 15. All which argueth that the descent of this word is from the French (Asseoir) as signifying a disposing or placing of any thing, or (as we say in English) an assessing of any per∣son toward the performance of a Duty.

Sexagesima. See Septuagesima.

SH

Shanck. See Fur.

Share. See Flotzon.

Shewing is to be quit of Attachment in a∣ny Court, and before whomsoever in plaints shewed and not avowed. New expositi∣on of law terms, verbo, Shewing. See Scavage.

Shipper, An. 1 Iac. ses. 1. cap. 33. is is a Dutch word signifying the Master of the ship.

Shire (Comitatus, shyra) is a Saxon word, signifying Satrapian, of the verb (scyran, 1. partiri.) Lamberd, in his explication of Saxon words, verbo Centuaria. The word is in use so rife, that every Child understand∣eth it. Who first thus divided this land into shires, appeareth by M. Cambdens Britan. pag. 102. in these words. Nec dum tamen florente Hepterchia, Anglia it a in Comitatus divisa, (sic enim vulgò vocant) sed pestea, cum solus aluredus rerum potiretur. Vt enim Ger∣mani majores nostri, teste Tacito, jura per pa∣gos vicosque reddebant, et centeni ex plebe comites adrem admistrandam adjungebantur: sic ille (ut ingulfi Croulandenfis verbis utar) pr mus Angliam in Comitatus divisit, qued indiginae rapinas committerent exemplo et colo∣re Danorum. Comitatus porro in Centurias, i. Hundreds, et Decimas, i. Tythings, distribui fecit: praecipitque ut omnis indigena in ali∣qua esset Centuria, & Decima. Praefectos etiam provinciarum, qui antea Vicedomini vocabantur, in duo officia divtsit, viz. Iudices, nunc Iusticiarios, & Vicecomites, qui adhue idem nomen retinent. See the rest.

Shereeve (Vicecomes) is compounded of these Saxon words (Scyre, i. satrapia) and (Reeve, i. praefectus) and according∣ly he is the chief Officer under the King of his Shire, or County. See Ferme in Lacies Nobility, pag. 12. M. Cambden. pag. 104. Thus describeth his Office, Singulis verò annis, nobilis aliquis ex incolis praeficitur, quem Vicecomitem, quasi vicarium comitis, & nostrâ linguâ Shyref, i. Comitatus praepositum vocamus: qui etiam comitatus, vel provinciae Quaestor rectè dici potest. Ejus enim est Publi∣cas pecunias provinciae suae conquirere, mul∣ctas, irrogatas, vel pignoribus ablat is eollige∣re, & aerario inferrae, Iudicibus praesto adesse, & eorum mandata ex••qui, duodecim viros co∣gere, qui in causis de facto cognoscunt, et ad Iudices referunt (Iudices enim apud nos, ju∣ris solum, non facti sunt Iudices) condemnatos ad supplicium ducere, & in minoribus litibus cognoscere, in majoribus autcm jus dicunt justiciarii, quos itinerantes ad Assisas vocant, qui quotannis hos Comitatus, bis adeunt, ut de causis cognoscant, et ad carceratis sententiam ferant. Henricus secundus hos itinerantes instituit, vel potius restituit. Ille (ut inquit Mathaeus Parisiensis) consilio filii sui et Epis∣coporum constituit Iusticiarios, per sex paertes regni, in qualibet parts tres, qui jurarent quod cuilibet jus suum conservarent illaesum. Of the antiquity and authority of this Of∣ficer, read Sir Edwards Cooks Reports, lib. 4. Mittons Case. The manner of appoint∣ing these Sheriffs in Henry the sixth his

daies, see in Fortescue, cap. 24. fol. 53. b. The name Vicecomes commeth from the Normans, as Shyreeve commeth from the Saxons. For in the fifth Chapter of the Grand Custumary, you have (Viconte) which the Latine Interpreter turneth (Vice∣comitem) whose Office you shall find in that Chapter to be very like unto ours. The form of the Shyreeves oath, see in the Re∣gister original, fol. 331. b. Of this read Master Skene de verborum significat. verbo Shyreeve: where he largely describeth the Office of the Shyreeve in Scotland. in a dis∣course worth the reading.

Shyreeveweke of Winchester and of Es∣sex, anno 21 R. 2. ca. 10 et 11.

Sbire Clerk, seemeth to be the Under∣shyreeve. anno 11 H. 7. cap. 15. It is used sometime for a Clerk in the County-Court, Deputy to the Undershyreeve. See Sir Ed∣ward Cooks 4 books of Reports in Mit∣tons case.

Shire mote. See Turn.

Shorling, and Morling seem to be words to distinguish Fells of sheep: as if Shorling should signifie the Fels after the Fleeces be shorn off the sheeps back, and Morling the Fels flean off after they be killed or die a∣lone. Anno 3 Edward. quart. cap. prim. et anno 4 ejusdem, capit. tertio, et anno 12 ejusdem, cap. 5. et anno 14 ejusdem, cap. 3.

Shot, commeth of the Saxon word, sceate, signifying pecuniam aut vectigal. Lamberds explication of Saxon words, verbo Pri∣mitiae.

Shr of metal.

SI

Siout aliâs, is a Writ sent out in the se¦cond place, whereas the first sped not. Cook libro quarto, folio 55. b. It is so called of these word expressed in it. For example, lacobus Dci grati••, &c. Vicecomiti Kant salu∣tem: Praeci••imus tibi (sicut alt s••praecepi∣mu••) quod non omi••tas propter aliquam lib••r∣tatem in B••lliva••na, quin caming rediaris, et Capias. A.B.d. C. in Comitatu ••uo Labourer, &c. as in the first Capias, Lamb. in his tra∣ctate of Processes in the end of his Eire∣narcht.

Sidemen, aliâs Questmen be those that are yearly chosen, according to the custome of every Parish, to assist the Church-ward∣dens in the inquiry and presenting such of∣fenders to the Ordinary, as are punish∣able in the Court Christian.

Significavit is a writ de ex communicato sa∣piendo, which issueth out of the Chancery up∣on a Certificate given by an Ordinary of a man that standeth obstinately excom∣municate by the space of forty daies, for the laying him up in Prison without Bayl, or Mainprise, untill he submit himself to the authority of the Church. And it is so called because of the word (significavit) mentio∣ned in the Writ (De excommunicate capien∣do) which have relation to the Certificate, sent into the Chancery by the Ecclesiasti∣cal Judge. There is also another writ within the Regist. orig. of this name, fol. 7. a. directed to the Justice of the Bench, willing them to stay any sute depending between such and such, by reason of any excommunication alleged against the Plain∣tiff: because the sentence of the Ordinary that did excommunicate him, is appealed from, and the Appeal vet hangeth unde∣cided, Which see: and see Fitzher. nat. br. De excommunicato capiendo, fol. 62. N. but especially 66. A. where you may find writs of this name in other cases.

Sine assensu capituli, is a writ that lyeth in case where a Dean, Bishop, Prebenda∣ry, Abbot, Prior, or Master of Hospital, alieneth the Land held in the right of his house, without the consent of the Chap∣ter, Covent, or Fraternity. For in this case his successor shall have this Writ. Fitz. nat. br. fol. 195.

Si non omnes, is a writ of association, whereby if all in commission cannot meet at the day assigned, it is permitted, that two or more of them may finish the business. See Association. And Fitz. nat. brev. fol. 185. & 111. C. and Register origin. fol. 202, 206. & 124.

Sirecognescant, is a writ that lyeth for a Creditor against his Debtor for mony numbred, that hath before the Shyreeve in County Court, acknowledged himself to owe unto his Creditour such a sum received of him in numer at is pecuniis. The form of the writ is this: Rex Vicecomiti salutem Praec. tibi quodsi A. recognosca•• se debere R. 40. solid sine ulteriori dilatione, tunc ipsum dist••ing as ad praedictum debitum eidem R. sine disatione reddendum. Teste, &c. Old nat. brev. fol. 68.

SK

Skawe, anno 4 Ed. 4. cap. 1.

Skyvinag••, anno 27 H. 6. cap. 2. a pro∣per name, signifying the precincts of Ca∣leis.

SL

Sluse (exclusa) is a frame to keep, or let water out of a ground.

SO

Soc (soca) is word signifying a power, or liberty of Jurisdiction, as appeareth by these words out of Bracton, Sunt quidam

Barones, & alii libertatem habentes, sc. soc, & sac. Tol & Thian, Infangthefe, & Vt∣fangthefe, & isti possunt judicare in Curia sua, eum qui inventus fueris insra libertatem suam seisitus de aliquo latrocinio manifesto. et li. 3. Tractat. 2. cap. 8. In the laws of King Edward set out by M. Lamberd, fol. 132. you have these words, Socha est quod fi aliquis querit aliquid in terra sua, etiam furtum, sua est Justicia, si inventum fuerit, an non. Saxon in the Description of Britany, cap. 11. saith, that Sock is a sute of Court and that thereof cometh Soken. But the signification of the word (as I have been credibly informed) is as much as Inquisitio which we in modern English, term (seek∣ing.) Of this (Sok) Skene de verborum sig∣nifie. speaketh to this effect. Sok is an old word used in Charters and feoffments, which in sundry old Books containing the municipal Law of this Realm, is called Secta de hominibus suis in curia, secundum con∣suetudinem Regni. So after my opinion he that is inscoffed with Sok (which now we call Soit (but we in England Sute) hath power to hold Courts within his own Barony, in which, hemines sui should give Soit. Thus far M. Skene. Of this Fleta hath these words. In hujusmodi vero mane∣riis (speaking of the Kings Manors) erant olim liberi homines libere tenentes, quorum quidam cum per potentiores è tenemintis suis ejecti fuerant, & eadem postmodum in ville∣nagium tenenda resumpserunt: & quia hu∣jusmodi tenentes cultores Regis esse dinos∣cuntur, eis provisa fuit quies nesectas face∣rent ad Comitatus vel Hundredos, vel ad ali∣quas inquisitiones, Assisas vel Juratas, nisi in Manerio tantùm, aum tamen proterra, quorum congregationem tunc socam appella∣runt; & hinc est quèd Socmanni hodie dicun∣tur esse. A soco enim derivantur, quorum tenementa sunt villenagium domini privile∣giatum, & ideo dicuntur glebae aserlptitii, eo quod ab hujusmedi glebis amovers non debe∣rent, quamdiu solverent debitas pensiones: nec compelli poterunt ad hujusmodi tenementa tenenda contra suas voluntates, eò quòdcorpo∣ra jua sunt libera. Nec obstabit longa ser∣vitutis possessio ad libertatem extingnen∣dam, quamvis ad merchetum sanguinis su•• compulsus fuorit quis pro tenemento redden∣do. Nulla enim servitus ratione praescrip∣tionis temporis potest liberum sanguinem in servit ntem reducere, non magis quàm liberum tenementum potest servum in liber tatem, &c. By whose words it appeareth, that Soca is nothing else, but the meeting or assembly of these kind of Tenents in any place within the Mannor or Liberty: wherefore he that hath Soc, may seem to have such a Manor, such Tenents, and such a liberty, be∣longing to his Manor and Tenents, as is here described. Here you see diversi∣ties of opinions touching this word, one saying that it is a power or liberty to seek after Theeves and stollen goods within a Manor or Fee, and to do Iustice upon such inquisition; others, that it is a liberty only to have suters to his Court; others, as Fle∣ta, that it containeth both the former sig∣nifications, and further that it is taken for the company of Tenents, which live within such a Liberty; and are exempted from those common services of the Prince and Coun∣try whereunto subjects are ordinarily tyed. This kind of liberty is in divers places at this day in England, and commonly known by the name of soke or sok n. See Soke and Sockmans.

Soccage (soccagium) commeth of the French (Soc, i. vomer, a Plowshare or coul∣ter.) It signifieth in our Common law a tenure of Lands by or for certain inferior or hubandry services to be performed to the Lord of the Fee. See Institutes of Common law, 31. As I have shewed in (Chivalry) all services due for land, is either Knights-service, or soccage. So then, whatsoever is not Knights service, is soccage: Bracton in his se∣cond book, ca. 35. nu pri, describeth it thus. Dici poterit soccagium a Soeco, & inde tenen∣tes qui tenent in Sockagio, Sockmanni dici po∣terunt, eo quod deputati sunt, ut videtur, tamtummodo ad culturam, et quorum custo∣dia, & maritagia ad propinquiores paren∣tes jure sanguinis pertinebit. Et si aliquando inde de facto capiatur homagium, quòd plures contingit, non tamen habebit propter hoc domi∣nus capitalis custodiam, & maritag. Quia non semper sequitur homagium, licet aliquande se∣quatur. M. Skene deverb. signif. verb. Socman∣nia, saith, that Soccage is a kind of holding of Lands when a man is infeoffed freely with∣out any service, ward, relief, or Mariage and payeth to his Lord such duty, as is called petit sergeantie, or when one holdeth land in the name of burgage, or in libera elemo∣zina, or otherwise in blenshe ferme, five no∣mine alba firmae, & opponitur militi, qui tenet per servitium militare. Out of the place above named in Bracton, you may find a division of Soccage, whereby it is termed either Soccagium liberum, or villanum, frank or free Soccage, and base, other∣wise called villenage, The former is there

thus defined. Soccagium liberum est, ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servi∣tium Regis. Where I gather that to be free soccage which payeth a certain sum of mo∣ney to the chief Lord in regard of some til∣lage, or such like, and not of any Sergean∣tie, or eschuage. And to this effect he writeth also, lib. 2. cap. 16. nn. 9. &c. un∣de si tantum in denariis et sine scutagio vel seriantiis, vel si ad duo teneatur sub disjun∣ctione, sc. adcertam rem dandam pro omni ser∣vitio, vel aliquam summam in denariis, id tenementum potest dici Soccagium: si autem superaddas Scutagium, aut servitium regale, licet ad unum obulum vel seriantiam, illud poterit dici foudum militare. This free So∣cage, is also called common Socage, anno 37 H. 8. cap. 20. Socage in base tenure, or villanum Soccagium, is divided again in villanum Soccagium, et purum villenagium: Villanum Soccagium est illud, de quo fit cer∣tum servitium, idque ratione sui tenementi, non personae suae. Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum, abi scirt non poterit vospere, quale servitium fieri debet mane. viz. ubi quis facere tenet us quicqui: ei praceptum fue∣rit. Bracton lib. 2. cap. 8. num. 3. The oldna. br. fol. 94. maketh three parts of this divisi∣on. viz. Socage of free tenure, Soccage of antient tenure, and Soccage of base tenure. Soccage of free tenure is (as the book saith) where a man holdeth by free service of 12. pence by year, for all manner of services, or by other services yeerly. Soccage of an∣tient tenure is of land of antient Demesn, where no writ originall shall be sued, but the Writ of Right, that is called secundum consuetudinem manerii. Soccage of base te∣nure is of those that hold in Socage, and may have none other writ, but the Monstra∣verunt: and such Sock-men hold not by cer∣tain Service. And for that are they not free Sockmen. Then again Soccage is divided into soccage in chief, and common soccage. Socage in chief or in capite, is that which holdeth of the king, as of his Crown. Frae∣rog. fol. 41. Common Soccage is that, which holdeth of any other capitall Lord, or of the King by reason of some honour or manner. Ibidem Burgage is also a kind of Socage, see Burgage.

Sockmins (Sockmanni) are such tenents as hold their lands, and tenements by Soc∣cage tenure. And accordingly as you have 3. kinds of Soccage, so be there 3. sorts of Sockmans, as Sockmans of frank tenure. Kitchin, fol. 8••. Sockmans of antient De∣mesn, old. nat. br. fol. 11. and Sockmans of base tenure. Kitchin ubi supra. But the tenents in antient Demesn, seem most pro∣perly to be called Sockmans, Fitzh. nat. br. fol. 14. B. Brit. c. 66. n. 2.

Soke, anno 32 H. 8. cap. 15. & cap. 20. Of this Fleta saith thus, Soke significat li∣bertatem curiae tenentium quam socam appel∣lamus. l. 1. cap. 47. §. Soke. See Roger Ho∣veden, parte poster. suorum annalium. fol. 345. b. and See Soc.

Soken (Soca) see Soc. and Hamsoken. So∣ken is latined Soca, Regiorig. fol. 1. a.

Sokereve seemeth to be the Lords rent∣gatherer in the Soke, or Soken, Fleta, lib. 2. ca. 55. in principio.

Sole tenens (Solus tenens) is hee or shee which holdeth only in his or her own right without any other joyned. For example, if a man and his wife hold land for their lives, the remainder to their son: here the man dying, the Lord shall not have Heriot, because he dyeth not sole tenent. Kitch. fol. 134.

Solicitur (Solicitator) commeth of the French (Soliciteur.) It signifieth in our Common law, a man imployed to follow sutes depending in Law, for the better re∣membrance and more case of Atturnies, who commonly are so full of Clients and busi∣nesse, that they cannot so often attend the Serjeants and Councellors, as the case may require.

Solet et debit. See debet & solet.

Solidata terrae. See Farding deal of land.

Solace, anno 43. Elizabeth cap. 10.

Sommons aliâs summons (summonitio) commeth of the French (semondre, i. vocare) It signifieth in our Common law, as much as (vocatio in jas) or ciatio) among the Ci∣vilians. And thence is our word (somner) which in French is (semoneur, i. vocator, mo∣nitor) The Customary of Normandy for our (summons hath semonse) ca. 61. summons of the Exchequer, anno 3 Edw. 1. cap. 19. & anno 10. ejusdem, cap. 9. How summons is divided, and what circumstances it hath to be observed, See Fleta. li. 6. cap. 6, 7.

Sollutione feods militis Parlamenti, and solutione feodi Burgen. Parlamenti, be Writs whereby Knights of the Parliament may re∣cover their allowance, if it be denied, an. 35 H. 8. ca. 11.

Sontage. Stow. pag. 284. is a task of forty shillings laid upon every Knights fee.

Sorting Kersies. 3 Jacob. cap. 16.

Sothale, is a kind of entertainment made

by Bayliffs to those of their hundreds for their gain. Which sometime is called Fil∣ctable Of this Bracton lib. 3. tractat. 1. cap. prim. hath these words: De Ballivis, qui faciunt cervicias suas, quas quandoque vocant (sothail) quandoque (fictale) ut pecu∣nias extorqueant ab iis qui sequntur Hun∣dreda sua, et Balvas suas, &c. I think this should rather be written Scotale. See Scotale.

Southvicont (Sub vicecomes) is the un∣dersheriff. Cromptons Jurisd, fol. 5.

Sowne. is a verb neuter, properly be∣longing to the Exchequer: as a word of their Art, signifying so much, as to be levia∣ble, or possible to be gathered or collected. For example, Estreats that sown not, are such as the Sheriff by his industry cannot get, and Estreats that sown, are such as he can gather, anno 4 H. 5. cap. 2.

SP

Speaker of the Parliament, is an Officer in that high Court, that is as it were the common mouth of the rest: and as the ho∣nourable assembly consisteth of two Hou∣ses, one called the Higher or Upper House, consisting of the King, the Nobility, and Kings Councell especially appointed for the same, the other termed the Lower or Com∣mon House containing the Knights of the Shires, the Citizens, Barons of the Cin∣que Ports, and the Burgesses of Borough Townes: so be their also two Speakers one termed the Lord Speaker of the Higher House, who is most commonly the Lord Chancelor of England, or Lord Keeper of the Great Seal: the other is called the Speaker of the Lower House. And the du∣ties of these two you have particularly de∣scribed in M. Vowels, alias Hookers Book, in∣tituled, The order and usage of keeping the Parliament.

Speciall matter in evidence. See Generall Issue. And Brook tit. Generall issue, and spe∣ciall evidence.

Spiritualities of a Bishop (spiritualia E∣piscopi) be those profits which he receiveth, as he is a Bishop, and not as he is a Baron of the Parliament. Stawnf. pl. cor. fol. 132. The particulars of these may be the duties of his Visitation, his benefit growing from ordering and instituting Priests, prestation Money, that subsidium charitativum, which upon reasonable cause he may require of his Clergie. Johannes Gregorius de Beneficis. cap. 6. num. 9. and the Benefit of his Juris∣diction. Joachimus Stephanus de Jurisdict. lib. 4. cap. 14. num. 14. for these reckoneth Exactionem Cathedratic, quartam Decima∣rum & mortuariorum, et oblationum pensi∣tationem, subsidium obaritativum, celebrati∣onem Spuedi, collationem viatici vel comme∣atus, oum Episcopus Romam proficiscitur, jus Hospitii, Litaniam, et Processionem.

Spickenard (spica nardi, vel nardus) is a medicinal herb, whereof you may for your further instruction read Gerards Her∣ball. lib. 2. cap. 425. The fruit or eare of this (for it bringeth forth an care like La∣vender) is a drug garbable, anno 1. Jacob. cap. 19.

Spoliation (spoliatio) is a writ that lyeth for an Incumbent against another Incum∣bent, in case where the right of Patronage commeth not in debate. As if a Person be made a Bishop, and hath despensation to keep his Rectory, and afterward the Patron present another to the Church, which is in∣stituted and inducted: The Bishop shall have against this Incumbent a writ of Spola∣tio. in (curt Christian. Fitzherbert, nat. br. fol. 36. See Benevolence.

SQ

Squalley, anno 43. Elizab. b. cap. 10.

Squyres. See Esquires.

ST

Stable stand, is one of the four Evidences, or presumptions whereby a man is convin∣ced to intend the stealing of the Kings Dear in the Forest. Manwood parte 2. of his Fo∣rest Lawes. cap. 18. num. 9. the other three be these, Dogdrawe, Backbear, Bloudy hand And this Staplestand, is when a man is found at his standing in the Forest, with a Crosse bowe bent, ready to shoot at any Deer. or with a long Bowe, or else stand∣ing close by a Tree with Greyhounds in a lease, ready to slip, Idem eodem.

Stalkers, a kind of net, anno 13 R. 2. stat. 1. cap. 20. et anno 17. ejusdem cap. 9.

Stallage (Stallagium) commeth of the French (Estaller, i. merces expenere, expe∣dire, explicare.) It signifieth in our Com∣mon law, money paid for pitching of stalls in Fair or Market. See Scavage. This in Scotland is called stallange. Skene de verbor. signific. verbo Stallangiatores. And among the Romans it was termed (Siliquaticum) à siliqua, primo et minimo omnium pondere a∣pud••llam nationem.

Stannaries (stannaria) commeth of the Latin (stannum) i. tynne, signifying the Mines and works, touching the getting, and purifying of this mettall in Cornwal, and other places. Of this read Camden, Britan. pag. 119, The liberties of the stannarie men granted by Edw. 1. before they were a∣bridged by the Statute, anno 50 Edw. 3. see in Plowden, casu Mines. fol. 327. a. b.

Staple (Stapulum) signifieth this or that Town, or Citie, whether the Merchants of England by common order, or commande∣ment, did carry their wools, wool-fells, cloathes, lead, and tinne, and such like com∣modities of our land for the utterance of them by the great. The word may probab∣ly be interpreted two waies: one taking it from (staple) which in the Saxon or old English language, signifieth the stay or hold of any thing. Lamberd in his Duties of Constables, num. 4. because the place is certain, and setled: and again, from the French (estape, i. forum vinarium) because to those places, whither our English Mer∣chants brought; their commodities, the French would also meet them with theirs, which most o all consisteth in Wines: But I think this latter the truer, because I find in the Mirrour of the world written in French these words. A Calais y avotte Estape de le laine, &c. Which is as much to say, as the staple for wools, &c. You may read of many places appointed for this staple in the statutes of the Land, according as the Prince by his Councel thought good to alter them, from the second year of Ed. 3. cap. 9. to the fifth of Ed. the sixth, cap. 7. VVhat Of∣ficers the staples had belonging to them, you may see anno 27 Edw. 3. stat. 2. cap. 21.

Star-Chamber (Camera stellata) is a Chamber at Westminster so called (as Sir Thomas Smith conjectureth, lib. 2. cap. 4.) either because it is full of windows, or cause at the first, all the roof thereof was decked with Images of guilded Stars. And the latter reason I take to be the truer, because anno 25 Henry 8. capit. prim. It is written the Sterred Chamber. In this Chamber every week twice during the term. and the very next day after Term, is there a Court held by the Lord Chancellor or Keeper and other honourable persona∣ges of the Realm. This Court seemeth to have taken beginning from the Statute, anno 3. Hen 7. ca. or. Whereby it is ordained, that the Lord Chancellor and Treasurer of England for the time being and the Keeper of the Kings Privy Seal, or two of them, cal∣ling to them a Bishop and a temporal Lord the Kings most Honourable Councel, and the two chief lustices of the Kings Bench, and Common place, for the time being, or other two lustices in their absence, should have power to call before them, and punish such misdoers, as there be mentioned. The saults that they punish, be Routs, Riots, Forgerits Maintenances, Embraceries Per∣juries, and such other Mislemeanours, as are not sufficiently provided for by the Com∣mon law. It appeareth both by Sir Thomas Smith, li. 2. de Repub. Anglor. ca. 4. and by experience also, that at this day the whole number of the Princes most honourable Pri∣vy Councel, and such other Barons spiritu∣al, or temporal, as be called thither by the Prince, have place in this Court with those above named. Of this Court thus speak∣eth Master Gwin in the Preface to his read∣ings. It appeareth in our books of the Terms of King Edward 4. And of the Re∣port of Cases, hapning under the usurpation of Richard the third, that sometime the King and his Councel, and sometime the Lord Chancellor, and other great persona∣ges, did use to sit judicially in the place then, and yet called the Star-Chamber, But for as much as belike that Assembly was not ordinary, therefore the next Kings, Henry the seventh, and his Son Henry 8. took order by two several laws, viz. 3 Hen. 7. cap. pri. & 21 H. 8. ca. 2. That the Chancellor assisted with others there na∣med, should have power to hear com∣plaints against Retainours, Embraceours, Misdemeanours of Officers, and such other offences, which through the power and countenance of such as do commit them, do lift up the head above other faults: and for the which inferiour Iudges are not so meet to give correction. And because that place was before dedicated to the like service, it hath been ever since accordingly used. Touching the Officers belonging to this Court, see Camden, pag. 112., et 113.

Statute (statutum) hath divers signifi¦cations in our Common law. First, it sig∣nifieth a Decree or Act of Parliament, made by the Prince and three Estates, which is the body of the whole Realm. And though it borrow the name from that kind of De∣cree, which those Cities that were under the Roman Empire, made for the particu∣lar Government of themselves, over and a∣bove the universal or common law of the Empire: yet in nature it commeth nearest to that which the Romans called (Legem) for that, as that was made by the whole People, Noble and Ignoble: so this is or∣dained by those, that represent the whole number, both of Prince and subjects, one and other, through the whole Kingdome. The difference neverthelesse was this, that (Lex) was offered to the consideration of the Peo∣ple by the Magistrate of the Senate, or Con∣sull: but the Bills or suggestions whence our

Statutes spring; are offered by any of either house, and so either passed or rejected. In this signification a Statute is either general or special. Coke, lib. 4. Hollands case, fol. 76. a.

Statute, in another signification is a short speech taken for a bond: as statute Merchant, or statute staple, anno 5 H. 4. cap. 12. The reason of which name is, because these Bonds are made according to the form statutes expresly, and particularly provided for the same, which direct both before what Persons, and in what manner they ought to be made, west. parte prim. symbol. lib. 2. Sect. 151. where he defineth a sta∣tute Merchant thus: A Statute Mer∣chant is a bond acknowledged before one of the Clarks of the statutes Merchant, and Maior or chief Warden of the City of Lon∣don, or two Merchants of the said City for that purpose assigned, or before the Maior, chief Warden, or Master of other Cities, or good Towns, or other sufficient men for that purpose appointed, sealed with the seal of the Debtor, and of the King, which is of two pieces the grater is kept by the said Mai∣or, chief Warden, &c. and the lesser peece thereof by the said Clarks. The form of which bond, you may see in Fleta, lib. 2. cap. 64. § 2. to be such; Noverint univer∣si me, N. de tali commitatu teneri N. in 10 Marcis solvendis cidem ad festum Pent. An∣no Regni Regis, &c. et nisi fecers, concedo quod currant super me et Haeredes meos districtio, et poena provis, in statuta Domini Regis edi∣to apud Westm. Datum London. tali die, anno supra dicto. The fee for the same Seal, is for statutes knowledged in Fairs; for every pound an half-penny and out of Fairs a fording. The execution upon statute Merchant, is first to take the body of the Debtor, if he be lay and can be found: if otherwise then upon his Lands, and goods. The bond is found∣ed upon the Statute, anno 13 Ed. prim. stat. 4. Of this also as of the Statute staple, see the new book of Entries, verbo statute Mer∣chant; and read in Fleta ubi supra more touching this matter worth the reading.

Statute staple, (to use the very words of Master West,) is either properly so called or improperly. A Statute staple properly so called is a Bond of Record knowled∣ged before the Maior of the Staple, in the presence of one of the two Constables of the same staple, for which seal the fee is of every pound, if the sum exceed not 100 pound, and half peny, and if it excced an 100 pound, of every pound a farthing. And by vertue of such Statute staple, the Credi∣tor may forthwith have execution of the body, lands and goods of the Debtor; and this is founded upon the Statute, anno 27 Ed. 3. cap. 9. A Statute staple impro∣per, is a bond of Record, founded upon the Statute, anno 23 H. 8. cap. 6. of the na∣ture of a proper Statute staple, as touching the force & execution thereof, and knowled∣ged before one of the chief Justices, and in their absence, before the Maior of the Staple, and Recorder of London. The forms of all these bonds or statutes, see in West. parte pri. symb: lib. 2. sect. 152, 153, 154, 155. Sta∣tutes is also used in our vulgar talk, for the petit Sessions, which are yearly kept for the disposing of Servants in service, by the Sta∣tute, anno 5 Elizabeth, cap. 4. See Re∣cognisance.

Statute sessions, otherwise called Petit Ses∣sions, are a meeting in every Hundred of all the Shires in England, where of custome they have been used, unto the which the Constables do repair, and others, both Housholders and servants, for the debating of differences between Masters and their Servants, the rating of Servants wages, and the bestowing of such people in Service, as being fit to serve, either refuse to seek, or cannot get Masters, anno 1 Eliz. cap. 4.

Statu'o stapulae, is a writ that lyeth to take his body to Prison, and to seise upon his Lands and goods, that hath forfeited a bond, called Statute staple, Regist. orig. fol. 151. a.

Statutam de laborariis, is a writ Iudicial, for the apprehending of such labourers, as refuse to work according to the Statute, Reg. judi. fol. 27. b.

Statuto Mercatorio, is a writ for the im∣prisoning of him, that hath forfeited a bond called the Statute Merchant, untill the debt be satisfied, Regist. origin. fol. 146. b. and of these there is one against Lay persons, u∣bi supra, and another against Ecclesiasti∣cal, 148.

Stavisaker, staphis agria, vel herba pedicu∣laris, is a medicinable herb, the kind and vertues thereof, you have set forth in Ge∣rards Herbal, lib. 1. cap. 130. The seed of this is mentioned among drugs to be garb∣led, anno 1 Jacob. ca. 19.

Stenrerie, is used for the same that Stan∣naries be, in the statute anno 4 H. 8. cap. 8 See Stannaries.

Sterling (Sterlingum) is a proper epithe∣ton for mony currant within the Realm. The name groweth from this, that there was a certain pure Coyn, stamped first of

all by the Easterlings here in England, Stows Annals pag. 112. The which I rather believe, because in certain old Monuments of our English, and broken French, I find it written Esterling; so Roger Hoveden writeth it, parte poster. annalium, fol. 377. b. M. Skene de verborum sipnific. verbo Sterlingus, saith thus: Sterling is a kind of weight con¦taining 32 corns, or grains of wheat. And in the Canon law mention is made of five shilling; sterling and of a merk sterling, ap. 3. de arbitriss, &c. constituit, 12. de procurator. And the sterling peny is so cal∣led, because it weighs so many grains, as I have sundry times proved by experience. and by the law of England the peny which is called the sterling round, and without clipping, weigheth 32 grains of wheat with∣out tails, whereof twenty make an ounce, and 12 ounces a pound, and eight pound make a gallon of wine, and eight gallons maketh a bushell of London, which is the eighth part of a quarter. Hitherto M. Skene, Buchanan, lib. 6. saith, that the common People think it so termed, of Sterling a Town in Scotland. Our Lyndwood saith that it is called sterling of the bird which we call a sterling, which as he noteth, was ingraven in one quarter of the coin so termed, cap. Item quia. de testamentis. vaerb. Cent. solides, in Glos.

Stews, are those places which were per∣mitted in England to women of prosessed incontinency, for the proffer of their bodies to all commers: it is derived from the French (Estuves, i. thermae, vaporarium, Balneum) because wantons are wont to prepare them∣selves to these venerous acts, by bathing themselves. And that this is not new, Ho∣mer sheweth in the 8 book of his Odiss. where he reckneth hot bathes among the effemi∣nate sort of pleasures. Of these stewes see the statute anno 11 Hen 6. ca. pri.

Steward. See Seneschall and Stuward, Steward of the Kings house. an. 25 Ed. 3. statute 5. cap. 21.

Stily ard (Guilda Theutonicorum, anno 22 H. 8. ca. 8. et anno 32 ejusdem, ca. 14.) is a place in London, where the fraternity of the Easterling Merchants, otherwise the Mer∣chants of Hawnse and Almain, an.pri. Ed. 6. cap. 13. are wont have their abode. See Geld. It is so called of a broad place, or Court, wherein Steel was much sold, upon the which that house is now founded. Nathan C••itraeus. See Hawnse.

Stone of wool (Petra lanae) see Weights. See Sarpler. It ought to weigh 14 pounds, yet in some places by custome it is more. See Cromptons Justice of peace. f. 83. b.

Straife, aliâs Stray. See Estry.

Straits, anno 18 H. 6. ca. 16.

Streme works, is a kind of work in the Stanaries: for (saith M. Camden, titulo Cornwall, pa. 119.) Horum Stanario••um five metallicorum operum duo sunt genera: Alte∣rum Lode-works, alterum streme, works vo cant. Hoc in lecis inferioribus est cum Fossis agendis stanni venas sectantur et fluvierum alveos subinde defl ctunt: illud in locis aediti∣orsbus, cum in montibus puteor, quod Shafts vcc int in magnam attitudinem defodiunt, et cuniculos agunt. These you may read men∣tioned, an. 27 H. 8. cap. 23.

Stirks.

Strip. See Estreapement.

SU

Suard, aliâs steward, senescallus) seemeth to be compounded of Steed and ward, and is a word of many applications: yet alway signifieth an officer of chief account with∣in the place of his sway. The greatest of these is the Lord high Steward of Eng∣land, whose power (if those Antiquities be true which I have read) is next to the Kings, and of that height, that it might in some sort match the Ephori amongst the La∣cedemonians. The custom of our Common∣wealth hath upon great consideration and policie brought it to passe, that this high Of∣ficer is not appointed for any long time, but only for the dispatch of some especiall busi∣nesse, at the arraignment of some Noble∣man in the case of treason, or such like: which once ended, his Commission expi∣reth. Of the high Steward of Englands Court, you may read Cromptons Jurisd. f. 28.

I have read in an antient Manuscript of what credit I know not, that this Officer was of so great power in antient times, that if any one had sought justice in the Kings Court and not found it, he might upon com∣plaint therof made unto him, take those Peti∣tions, and reserving them to the next Parlia∣ment, cause them there to be propounded, and not only so, but also in the presence of the King openly to rebuke the Chancellor or any other Judge or officer whom he found defective in yeilding Justice. And if in case the judge, or Officer so reprehen∣ded, did allege, that his defect grew from the difficultie of the case, insomuch as he durst not adventure upon it: then the case being shewed, and so ••ound, the Lord Stew∣ard together wich the Constable of Eng∣land, there in the presence of the King and Parliament, might elect five and twenty persons, or more, or fewer, according to

their discretion, and the case or cases in que∣stion, some Earls, some Barons, some Knights, some Citizens and Burgesses, which upon deliberation should set down, what they thought just and equal: and their de¦cree being read and allowed by Parliament, did stand as a Law for ever: furthermore, if the Chancellor or other Iudge or Officer, could not well approve that the delay of Iustice complained of, grew from just dif∣ficultie, by reason that the case in question was formerly determined by Law or statute: then might the Steward on the Kings be∣half, admonish him of his negligence, and will him to be more carefull and studious, Or if there appeared malice, or corruption then the King and Parliament was wont to remove him and assign another of better hope to the place. Lastly if the King had about him any such evill Councellor, as ad∣vised him to this unjust, or unanswerable to his Majesty, as tending either to the dishe∣rison of the Crown, publick hurt, or destru∣ction of the Subject. The office of the Stew∣ard was, taking to him the Constable, and other great men, with some of the Com∣mons, and giving notice to the King of their intention to send to that Counsellor, and will him to desist from misleading the King, yea, if need so required, to charge him to stay no longer about him, but to depart from the Court, which if hee neglected to per∣form, then they might send to the King and with him to remove him: and if the King refused, then they might take him as a pub∣lick enemy to the King and Realm, seise on his goods and possessions, and commit his body to safe custody, untill the next Parliament, there to be judged by the whole Kingdome: Examples are brought of Godwin Earl of Kent in the time of King Edward next be∣fore the Conquerour, of Hubert Burgh Earl of the same County, in the reign of Henry the third, and of Peter Gaveston in Edward the seconds dayes. But experience (as I said) hath found this Officer more dange∣rous then profitable, and therefore hath time taught, though not wholy to suppresse him, yet to limit him to particular occasion, and to restrain his power. Then is there the Steward of the Kings most honourable houshold, anno 24 Hen. 8. cap. 13. whose name is changed to the name of great Ma∣ster, anno 32. ejusdem, cap. 39. But this sta∣tute was repealed by anno prim. Mar. 2. Parlam. cap. 4. and the office of the Lord, Steward of the Kings houshold revived: where you may at large read divers things touching his Office. As also in Fitz. nat. br. f. 241. B. Of this Officers antient power, read Fleta, lib. 2. cap. 3. There is also a Steward of the Marshalsea, pl. cor. fol. 52. & anno 33 Hen. 8. cap. 12. To be short, this word is of so great diversity, that there is not a Corporation of any accompt, or house of any honour, almost through the Realm, but it hath an Officer toward it of this name. A Steward of a manor, or of a houshold, what he is or ought to be, Fleta fully describeth. lib. 2. cap. 71. & 72.

Straunger, commeth of the French (e∣stranger. i. alienate.) It signifieth in our Language generally a man born out of the Land or unknown: but in the Law, it hath an especiall signification for him that is not privie, or a party to an act: as a Stanger to a judgement: old nat. brev. fol. 128. is he to whom a ludgement doth not belong: and in this signification it is directly contra∣ry to (partie) or (privie.) See Privie.

Submarshall, (submarescallus) is an Of∣ficer in the Marshal-sea, that is, Deputy to the chief Marshall of the Kings house, com∣monly called the Knight Marshal, and hath the custody of the prisoners there. Crompt. Jurisd. fol. 104. He is otherwise called Vn∣der-marshall.

Subpoena, is a writ that lyeth to call a man into the Chancery, upon such case only, as the Common law faileth in, and hath not provided for: so as the partie, who in equity hath wrong, can have none ordinary reme∣dy, by the rules and course of the Common¦law, West. part. 2. symbol. titulo Proceedings in Chancery, Sect. 18. where you may read many examples of such cases, as Sub poena ly∣eth in. There is also a Sub poena ad testifi∣candum, which lyeth for the calling in of witnesses to testifie in a cause, as well in Chancery, as in other Courts. And the name of both these proceed from words in the writ, which charge the party called to appear at the day and place assigned, Sub poena centum librarum, &c. I find mention of a common Sub poena in Cromptons Jurisd. fol. 33. which signifieth nothing else but such a Sub poena, as every common person is called by into the Chancery: whereas a∣ny Lord of Parliament is called by the Lord Chancelors letters: giving him notice of the sute intended against him, and requi∣ring him to appear. Crompton, cedem.

Subsidie (Subsidium) commeth of the French (Subside signifying a tax or tribute assessed by Parlament, and granted by the

Commons to be levied of every subject, ac∣cording to the value of his Land or Goods after the rate of four Shillings in the pound for Land, and two Shillings eight pence for Goods, as it is most commonly used at this day. Some hold opinion that this Subsidy is granted by the Subject to the Prince, in re∣compence or consideration, that whereas the Prince of his absolute power, might make Laws of himself, he doth of favour admit the consent of his Subjects therein, that all thing in their own confession may be done with the greatest indifferency. The manner of assessing every mans Lands or Goods, is this: First, there issueth a Com∣mission out of the Chancery to some man of honour or worship in every County, by vertue thereof to call unto them, the Head constables or Bailiff, of every Hun∣dred, and by them the Constable and three or four of the substantiallest housholders in every Town within their Hundred at a day certain: which men so called, or so many of them, as the commissioners think good to use, do rate the Inhabitants of their own Town, in such reasonable manner as they find meet, yet by the discretion of the said Commissioners. And then every man after his value set down, must at his time pay to the Collector appointed, after the rate a∣foresaid, yet in antient time, these subsi∣dies seem to have been granted both for other causes, as in respect of the Kings great travail and expences in wars: or his great favours towards his subjects: as also in other manner than now they be: as every ninth Lambe, every ninth Fleece, and every ninth Sheaf, anno 14 E. 3. stat. pri. cap. 20. And of these you may see great variety in Rastals Abridgement, tit. Taxes, Tenths, Fif∣teenths, Subsidies, &c. whence you may gather that there is no certain rate, but even as the two houses shall think good to conclude, Subsidy is in the statute of the Land, sometime confounded with custome, anno 11 H. 4. cap. 7. See Benevolence.

Surety of peace, (securit as pacis) is an ac∣knowledging of a Bond to the Prince, ta∣ken by a competent Iudge of Record, for the keeping of the peace, Lamberds Eire∣narcha, lib. 2. cap. 2. pag. 77. This peace may a Iustice of peace command, either as a Minister, when he is willed so to do by a higher authority, or as aludge, when he doth it of this own power derived from his Commission. Of both these see Lamberds Eirenarcha, lib. 2. cap. 2. pa. 77. See Peace. See Supplicavit.

Suffragan (Suffraganeus) is a titular Bi∣shop ordained, and assisted to aid the Bi∣shop of the Diocesse in his spiritual functi∣on. c. Suffraganeus. Extra de electione. For the Etymologie, Suffraganei dicuntur, quia eorum suffragiis causae Ecclesiasticae judican∣tur. Joach. Stephanus de jurisdict. lib. 4. cap. 16. num. 14. It was enacted anno 26 H. 8. cap. 14. that it should be lawfull to every Diocesan at his pleasure to elect two suffici∣ent men within his Diocesse, and to present them to the King, that he might give the one of them such Title, Stile, Name and Dig∣nity of sease in the said Statute specified, as he should think convenient.

Suyte (Secta) commeth of the French (Suite, i. affectatio, consecutio, sequela, comi∣tatus) It signifieth in our Common law, a following of another, but in divers senses, the first is a sute in Law, and is divided into sute real, and personal. Kitchin, fol. 74. which is all one with action real and personal. Then is there sute of Court, or sute service; that is an attendance which a Tenent oweth at the Court of his Lord. Fitz. nat. brev. in Indice. verbo Suite, suyte service and suyte real, anno 7. H. 7. cap. 2. The new Expo∣sitour of Law terms, maketh mention of four sorts of sutes in this signification. Sute co∣venant, sute custome, sute real, and sute ser∣vice. Sute covenant, he defineth to be, when your Ancestor hath covenant with mine Ancestor, to sue to the Court of mine Ancestors. Sute custome, when I and my Ancestors have been seised of your own, and your Ancestors sute, time out of mind, &c. Sutereal, when men come to the She∣riff, Turn, or Leet, to which Court all men are compelled to come, to know the Laws, so that they may not be ignorant of things declared there, how they ought to be governed. And it is called real, be∣cause of their allegiance. And this appear∣eth by common experience, when one is sworn: his oath is that he shall be a loyal and faithfull man to the King. And this sute is not for the Land that he holdeth within the County, but by reason of his person and his abode there, and ought to be done twice a year: for default whereof he shall be amerced and not distrained. I think this should be called ratherregal or royal, be∣cause it is performed to the King for (royal.) The French word in the usual pronuntiation commeth near to real, the letter (o) being almost suppressed. See Leet, Suyte service, is to sue to the Sheriff, Turn or Leet, or to the Lords Court from three weeks to three

weeks by the whole year. And for default thereof a man shall be distrained, and not amerced. And this sute service is by reason of the tenure of a mans Land. Then doth sute signifie the following of one in chase, as fresh sute. West. 1. cap. 46. a. 3 Edw. 1. Lastly, it signifieth a Petition made to the Prince, or great personage.

Suyte of the Kings peace (secta pacis Re∣gis) anno 6 R. 2. stat. 2. cap. pri. & anno 21 ejnsdem, cap. 15. & anno 5 Hen. 4. ca. 15. is the persuing of a man for breach of the Kings peace, by treasons, insurrections, re∣bellions, or trespasses.

Summoneas, is a Writ Judicial of great di∣versity, according to the divers cases where∣in it is used, which see in the Table of the Register Judicial.

Summoner (summonitor) signifieth one used to call or cite a man to any Court. These by the Common law, ought to be bo∣ni, that is by Fleta his Iudgement, liberi homines, & ideo boni, quia terras tenentes, qued sint coram talibus Justiciarits ad certos diem & ••locum secundum mandatum Ju∣sticiariorum Vicecomiti directum, parati inde facere recognitionem, lib. 4. cap. 5. §. Et cum.

Summons (summonitio) see Summons. Common Summons. Marlb. cap. 18. anno 52 Hen. 3. it l.

Summons in terra petita, Kitch. fol. 286. is that Summons which is made upon the Land, which the party at whose sute the summons is sent forth, seeketh to have. Summons ad warrantizandum. Dyer, fol. 69. nu. 3••.

Sumage (Sumagium) seemeth to be toll for carriage on horse-back, Crompton, Ju∣risd. fol. 191. For where the Charter of the Forest, cap. 14. hath these words: for a horse that beareth loads every half year, a half penny: the Book called Pupilla oculi, useth these words: pro uno equo portante sum∣magium, per dimidium annum obolum. It is otherwise called a Seam. And a Seam in the Western parts is a Horse∣load.

Superoneratione pasturae, is a writ Iudicial that lyeth against him who is impleaded in the County, for the over-burthening of a Common with his cattell, in case where he is formerly impleaded for it in the County, and the cause is removed into the Kings Court at Westm.

Supersedeas, is a writ which lyeth in di∣vers, and sundry cases, as appeareth by the Table of the Register original, and the Iu∣dicial also, and by Fitzh. nat. bre. fol. 226. and many other places noted in the Index of his Book, verbo Snpersedeas. But it sig∣nifieth in them all a command or request to stay or forbear the doing of that, which in apparence of Law, were to be done, were it not for the cause whereupon the Writ is granted. For example: a man regular∣ly is to have surety of peace against him, of whom he will sweat that he is asraid, and the Iustice required hereunto cannot deny him. Yet if the party be formerly bound to the peace, either in Chancery, or else∣where, this writ lyeth to stay the lustice from doing that, which otherwise he might not deny.

Super statutum, Edward 3. vers. servants and labourers, is a writ that lyeth against him, who keepeth my servants departed out of my service against Law. Fitz. nat. fol. 167.

Super statuto de York quo nul sera vitel∣ler, &c. is a writ lying against him, that oc∣cupyeth vittelling either in grosse or by re∣tail in a City, or Borough Town, during the time he is Major, &c. Fitz. nat. brev. fol. 172.

Super statuto, anno pri. Ed. 3. cap. 12 & 13. is a writ that lyeth against the Kings Tenent holding in chief, which alienateth the Kings Land without the Kings license. Fitzh. nat. brev. fol. 175.

Super statuto facto pour Seneshall & Mar∣shall de Roy, &c. is a writ lying against the Steward, or Marshall, for holding plee in his Court of Freehold, or for trespasse, con∣tracts not made within the Kings houshold. Fitzherbert nat. brev. fol. 241.

Super statuto de Articulis Cleri, cap. 6. is a writ against the Sheriff or other Of∣ficer, that distraineth in the Kings high∣way, or in the glebe Land antiently given to Rectories. Fitz. nat. brev. fol 173.

Super praerogativa Regis, cap. 3. is a writ lying against the Kings widow for marying without his license. Fitzherbert, nat. brev. fol. 174.

Supplicavit, is a writ issuing out of the Chancery for taking the surety of peace a∣gainst a man. It is directed to the Iustices of peace of the County, and the Sheriff: and is grounded upon the Statue, anno pri. Edw. 3. cap. 16. which ordaineth, that cer∣tain persons in Chancery shall be assigned to take care of the peace. See Fitzh. nat. bre. fol. 80. This writ was of old called Breve de minis, as Master Lamberd in his

Eirenarcha, noteth out of the Regist. orig. fol. 88.

Sur cui in vita, is a writ that lyeth for the heir of that woman, whose fiusband having alienated her Land in fee, she bringeth not the writ Cui in vita for the recovery of her own Land, for in this case her heir may take this writ against the Tenent after her decease. Fitzherbert, natura brev. folio 193. B.

Surgeon. commeth of the French (Chi∣rurgeon, i. Chirurgus, vulnerarius) signify∣ing him that dealeth in the mechanical part of Physick, and the outward cures perfor∣med with the hand. The French word is compounded of two Greek 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 allowed to minister inward medicine. See Statute 32 Hen. 8. cap. 4. and Master Powltons new Abridgement, titulo Surgeons.

Surcharger of the Forest, is he that doth common with more Beasts in the Forest, than he hath right to common withall, Manwood parte 2. of his Forest Laws, cap. 14. nu. 7.

Surplusage (surplusagium) commeth of the French (surplus, i. corollarium, addita∣mentum.) It signifieth in the Common law, a superfluity or addition more than needeth, which sometime is a cause that a Writ abateth. Brook, titulo Nugation and Supersluity, fol. 100, Plowdens casu Dives contra Maningham, fol. 63. b. It is sometime also applyed to matter of account, and signifieth a greater disbursement, than the charge of the Accomptant amounteth unto.

Surrcjoynder, is thus defined by West. par∣te 2. symb. titulo Supplications, sect. 57. A Surrejoynder, is a second defence of the Plaintiff; action, opposite to the Defendants Rejoynder. And therefore (as he saith) Ho∣toman calleth it Triplicationem, quae est se∣cunda actoris defensio, contra Rei duplicatio∣nem opposita. Not Hotoman only calleth this triplicationem: but the Emperor him∣sel. De Replicationibus, libro 4. Institut. titulo 14.

Surrender (sursum redditio) is an Instru∣ment testifying with apt words, that the par∣ticular Tenent of Lands or Tenements for life, or years, doth sufficiently consent and agree that he which hath the next or imme∣diate Remainder, or Reversion thereof, shall also have the particular estate of the same in possession: and that he yeeldeth, and gi∣veth up the same unto him. For every sur∣render ought forhwith to give a possession of the things surrendred, West. parte 1. lib. 2. Sect. 503. where you may see divers pre∣sidents. But there may be a surrender with∣out writing. And therefore there is said to be a surrender in deed, and a su••render in Law. A surrender in deed, is that which is really and sensibly performed. Surrender in Law is in intendment of Law by way of consequent, and not actual, Perkins Sur∣render, fol. 606. & seq. as if a man have a lease of a farm, and during the term, he ac∣cept of a new lease, this act is in Law a surrender of the former, Coke vol. 6. fol. 11. b.

Sursise (supersisae) anno 32 H. 8. cap. 48. seemeth to be an especial name used in the Castle of Daver, for such penalties, and forfeitures, as are laid upon those that pay not their duties or rent for Castleward at their dayes, an. 32 H. 8. cap. 48. Bracton hath it in a general signification, lib. 5. tract. 3. cap. 1. nu. 8. and Fleta, lib. 6. c. 3. in prin.

Surveiour (supervisor) is compounded of two French words (sur, i. super) and (veior, i. cernere, intueri, despicere, prospicere, vide∣re.) It signifieth in our Common law, one that hath the overseeing or care of some great personages lands, or works. As the Surveiour general of the Kings mannors, Cromptons Jurisd. fol. 106. And in this sig∣nification it is taken, anno 33 H. 8. cap. 39. where there is a Court of Surveyours crect∣ed. And the Surveyour of the Wards and Liveries, West. parte 2. symbologr. titulo Chancerie. Sect. 136. which Officer is e∣rected anno. 33 H. 8. cap. 22. who is the se∣cond Officer by his place in the Court of Wards and Liveries, assigned and appointed by the King. His Office seemeth especially to consist in the true examination of the Lands belonging to the Kings wards, that the King be not deceived. At the entrance into his Office, he taketh an Oath ministred unto him by the Master of that Court: which see anno 33 H. 8. ca. 39.

Surveior of the Kings Exchange, anno 9 H. 5. stat. 2. cap. 4. was an Officer, whose name seemeth in these daies to be changed into some other. For I cannot learn that there is any such now

Survivour, is compounded of two French words (sur, i. super) and (viure, i. aetatem agere, vivere) whence also commeth the compound (surviure, i. superesse.) It sig∣nifieth in our Common law, the longer li∣ver of two joynt Tenents. See Brook, titu∣lo Joynt-tenents, fol. 33. or of any two

joyned in the right of any thing.

Suspension, (suspensio) is used for a temporal stop of a mans right, and differeth from ex∣tinguishment in this, that a right of estate suspended reviveth again, but extinguished it dyeth for ever. Boook, titulo Extinguish∣ment and Suspension, fol. 314. Suspension is also used in our Common law, sometimes as it is used in the Canon law, pro mi∣nori Excommunicatione. As anno 24 H. 8. ca. 12. See Excommunication.

Suspirall, seemeth to be a Spring of wa∣ter passing under the ground, toward a Con∣duit or Cestern, anno 35 H. 8. cap. 10. and to be derived from the Latin (suspirare) or the French (souspirer, i. ducere suspiria.) And indeed the word it self is French: for (sus∣piral) in that Tongue signifieth (spira∣mentum cavernae) the mouth of a Cave or Den: or the tunnel of a Chimney.

Swainmot, aliâs Swainmote, (Swainmo∣tum) signifieth a Court touching matters of the Forest, kept by the Charter of the Forest, thrice in the year: anno 3 Hen. octav. cap. 18. it is called also a Swainmote: what things be inquirable in the same, you may read in Cromptons Iurisdict. fol. 180. who saith, that this Court of Swainmote is as incident to a Forest, as the Court of a Pie-powder to a Fair: with whom agree∣eth M. Manwood, parte pri. of his Forest-laws, pag. 144. The word seemeth to be compounded of (Swain) and (mot) or (Ge∣mot.) For Swain, as M. Manwood saith ubisu∣pra pag. 111. in the Saxons tongue signifieth a Bookland man, which at this day is taken for a Charterer, or Freeholder: and (Gemot) as Mr. Lamberd sayth in his explication of Saxon words, verbo Coventus, is Conventus, whereupon it is to be noted, as he saith in the same place, that the Swainmote is a Court of Freeholders within the Forest. Of the which you may read him at large, pag. 110. &c. usque 122.

TA.

TAbling of Fines, is the making of a Table for every County, where his Majesties writ runneth, contaning the con∣tents of every Fine, that shall passe in any one Term, as the name of the County, Towns, and places, wherein the Lands or Tenements mentioned in any Fine, do lye, the name of the Plaintiff, and Deforceant, and of every manner named in the Fine. This is to be done properly by the Chiro∣grapher of Fines of the Common plees: who the first day of the next Term after the in∣grossing of any such Fine, shall fix every of the said Tables in some open place of the Court of the Common Plees: and so every day of the said Term during the sitting of the said Court. And the said Chirographer shall deliver to the Sheriff of every County, his Undersheriff or Deputy, fair written in Parchment, a perfect content of the Table so to be made for that Shire, in the Term that shall be next before the Assises to be holden in the same County, or else in the mean time between the Term, and the said Assises, to be set up the first day, and every day of the next Assices, in some open place of the Court, where the Justices of Assises then shall sit, to contiuue there so long, as they shall sit in the said Court. If either the Chirographer, or Sheriff fail herein, he forfeiteth five pounds. And the Chirographers fee for every such Table is four pence, anno 23 Elizab. cap. 3. This saith West, parte 2 Symbol. titulo Fines Sect. 130.

Tail (tallium) commeth of the French (Tail, i. Sectura) or the verb (taillor, i. scin∣dere) signifying in our Common law two several things, both grounded upon one rea∣son, Plowden, casu Willion, fol. 251. a. b. First it is used for the fee, which is oppo∣site to fee simple: by reason that it is so (as it were) minced, or pared, that it is not in his free power to be disposed of him which owneth it: but it is by the first giver cut or divided from all other, and tyed to the issue of the Donee. Coke lib. 4. in prooe∣mio. And this limitation or tayl, is ei∣ther general, or special. Tail general is that, whereby lands or tenements are limi∣ted to a man, and to the heirs of his body, begotten. And the reason of this term is, because how many soever women, the te∣nent holding by his Title, shall take to his wives, one after another in lawfull matrimo∣ny, his issue by them all have a possibility to inherit, one after the other. Tail speci∣al is that, whereby Lands or tenements be limited unto a man and his Wife, and the Heirs of their two bodies begotten: be∣cause if the man bury his wife before issue, and take another, the issue by his second wife cannot inherit the Land, &c. Also if Land should be given to a man and his wife, and to their Son and Heir Iohn, for ever: this is tail especial. See more of this in fee, And Liitleton, lib. pri. cap. 2. and the new

book of Entries, verbo Tail. Tail in the other signification, is that which we vul garly call a Tallie. For it is une taille de bois, a cloven peice of wood to nick up an ac∣count upon, for in the Statute, anno 10. Ed. pri. cap. 11. and anno 27. ejusdem, stat. pri. cap. 2. it is termed a Tail, and anno 38 Edw. 3. cap. 5. And so in Broke his Abridgement, titulo Taild' Exchequer, fol. 247. See Tails.

Tailes (talliae) are in these dayes called Talleyes, well known what they be. Of these read in our statutes two sorts, to have been usuall in the Exchequer for a long con∣tinuance. The one is termed tayles of debt, anno 1 Rich. 2. cap. 5. which are a kind of acquittance for debt paid in to the King. For example, the University of Cambridge payeth yeerly ten pounds, for such things as are by their Charter granted them in see ferm, five pounds at the Annunciation, and five at Michaelmas. Hee that payeth the first five pounds, receiveth for his dis∣charge a tail or talley, and he that payeth the other five receiveth the like. With both which, or notes of them, he repaireth to the Clerk of the Pipes office, and there, in stead of them, receiveth an acquittance in parchment for his whole discharge. Then be there also mentioned Tayles of reward, anno 27 H. 8. cap. 11. & anno 33. et 34. e∣jusdem, cap. 16. and anno 2, et 3 Ed. 6. ca. 4. And these seem to be tailes, or talies of allowances, or recompence made to Sheriffs, for such matters, as to their charge they have performed in their office, or for such monies, as they by course have cast upon them in their accounts, but could not levie them where they were due. And these, as it seemeth by the said statute, anno 27 H. 8. cap. 11. were of old granted in the Exche∣quer unto them, upon warrant made to the Treasurer and Chamberlains there, by the Clerks of the Signet, upon Bill assigned by the King. But sithence the statute, anno 2, et 3 Edw. 6. cap. 4. What the course in this case is, I am not so well informed. Only I hear, that for some Counties these tailes be still in use; and that the warrant commeth now from the Auditour of the Receites, un∣to those that make these talies. And that the Sheriff with them proceedeth to those who take his finall account, and there hath his allowance accordingly.

Taylage (tallagium, aliâs, Tallage,) commeth of the French (taille) which ori∣ginally signifieth a piece cut out, of the whole: and metaphorically is used for a share of a mans substance payed by way of tribute. It signifieth with us, a rolle, or taxe, as anno prim. Ed. 2. cap. unico. And Stowes Annals, pag. 445. Thence cometh Tailaigiers in Chawcer, for tax, or tollega∣therers.

Taint (Attinctus) commeth of the French (teinct, i. infectus, tinctus) and sig∣nifieth either Substantively, a conviction, or Adjectively, a person convicted of felonie or treason, &c. See Attaint.

Tales, is a Latin word of known signifi∣cation: It is used in our Common law for a supply of men empaneled upon a Jury or Enquest, and not appearing, or at their ap∣parence, challenged by the party, or ei∣ther party, if there be two, as not indiffe∣rent, for in this case, the Iudge upon petition granteth a supply to be made by the Sheriff o•• some men there present, equal in reputa∣tion to those that were empanelled. And hereupon the very act of supplying is called a Tales de Circumstantibus. This supply may be one or more, and of as many as shall either make default, or else be chal∣lenged by each partie, Stawnford, pl. cor. lib. 3. cap. 5. Howbeit he that hath had one Tales, either upon default or challenge: though he may have another, yet he may not have the later to contain so many as the former, for the first Tales must be under the principal pannel, except in a cause of Ap∣peal, and so every Tales lesse than other, untill the number be made up of men pre∣sent in Court, and such as are without ex∣ception to the partie, or parties. Of this see Stawnford more at large ubi supra: where you may find some exceptions to this gene∣ral rule. These commonly called (Tales) may in some sort, and ineded are called (Meliores) viz. when the whole Iury is challenged, as appearcth by Brook titulo, Octo tales et auter tales, fol. 105. In whom you may likewise read many cases touching this matter.

Tales, is a proper name of a book in the Kings bench office, Cook, lib. 4. fol. 93. b.

Tallage. See Taylage.

Talshide. See Talwood.

Talwood, vide anno 34, et 35 Henrici octavi, capit. 3. et anno 7 Edw. 6. cap. 7. et 43 El. cap. 14. Talshide ibidem. It is a long kind of shide riven out of the tree, which shortned is made into billets.

Tartaron, anno 12 Edward 4. cap. 3. et anno 4 Henry 8. cap. 6.

Tasels, anno 4 Edward 4. cap. 1. is a kind of hard burre used by Clothiers and

Cloath Workers in the dressing. of Cloath.

Taske, aliâs Taxe, by M. Camden fol∣lowing the authority of Doctor Powell (whom he greatly commendeth for his dili∣gence in the search of Antiquities) is a Bri∣tish word signifying tribute. Camden Bri∣tan. pag. 304. And it seemeth, it is such a kind of tribute, as being certainly rated upon every Town, was wont to be yearly paid. See Gild, and the places there cited out of Master Cambden. Now it is not paid, but by consent given in Parliament, as the Subsidie is. And it differeth from Subsidy in this, that it is alway certain, ac∣cordingly as it is set down in the Chequer book, and levyed in general of every Town, and not particularly of every man. Lastly, it is a fifteenth of that substance, that every Town was first rated at by the number of Hides of Land in the same. Whereupon it is also called a fisteenth, vide anno 14 Edw. 3. statut. 1. cap. 20. For whereas Master Crompton in his jurisdiction, fol. saith, that it is levied sometime by goods, as well as by Lands, as also appeareth by the Statute, anno 9 Hen. 4. cap. 7. I take his meaning there to bee, that though the task in the whole were at the first by the Prince pro∣portioned by the land: Yet the Townes men among themsel ves to make upthat sum, are at these dayes sometimes valued by goods. See Fifteenth. It seemeth that in antient times, this task was imposed by the King at his pleasure, but Edward the first, anno 25. of his reign, bound himself, and his succesiors from that time forward, not to levy it, but by the consent of the Realm, anno 25 Ed. pri. cap. 5. The word Task may be thought to proceed from the French (Taux, aliâs Taxe, i. aestimatio, pretium) for we call it also Taxe: but over curiously to contend in these derivations, may seem frivolous, considering that many words are common to divers peoples.

TE

Telonium, or Breve essendi quietum de Telonio, is a writ lying for the Citizens of any City, or Bourgesses of any Town that have a Charter, or prescription to free them from Toll, against the Officers of any Town, or Market constraining them to pay Toll of their Merchandise, contrary to their said grant or prescription, Fitzb. nat. br. fol. 226. Hotoman, lib. 2. commentariorum in feuda, cap. 56. vers. Vectigalia, hath these words: Telonia autem dicuntur, publicano rum stationes in quibus vectag alia recipiunt: sed apud istius generis scriptores, Telonium dicitur vectigal, quod proponitum aut ripa∣rum munitione penditur et plenum{que} à prin∣cipibus solius exactionis causa imperatur.

Team, aliàs Theam, is an old Saxon word, signifying a Royalty granted by the Kings Charter, to a Lord of a Manor, Bra∣cton, lib. 3. tract. 2. cap. 8. of this Saint Edwards laws, nu. 25. say thus. Quod si quisquam aliquid interciet (idest, penes ali∣um defend it) super aliquem, et intercitatus, non poterit warantum suum habere, erit foris∣factura sua, et Justicia similiter de calumnin∣tore, si defecerit. M. Skene de verborum sig∣nificatione, verbo Theme, saith, that it is a power to have servants and slaves, which are called nativi, bondi, villani, and all Ba∣ronies infeoffed with Theme, have the same power. For unto them all their bondmen, their children, goods, and cattels properly appertain: so to that they may dispose of them, at their pleasure. And in some old authentike books it is written. Theme est potestas habendi nativos, ita quod generatio∣nes villanorum vestrorum, cum eorum catal∣lis, ubicum{que} inveniantur, ad vos pertineant. Theme commeth from Than. 1. servus, and therefore sometime signifieth the bondmen, and slaves, according to an old statute and law. De Curia de Theme. Quod si quis te∣neat curiam de Theme, et illa querela in illa curia movetur, ad quam Theme vocatur: non debet illa curia clongari, sed ibidem determi∣nari, et omnes Theme the compareant. Which is understood of the question of liberty, when it is in doubt, whether any person be a bond∣man or free man Which kind of proces should not be delayed, but summarily deci∣ded. And the new Expositor of law terms, speaketh to the like effect, verbo Them. I read it also in an old paper written by an Exchequer man thus translated. Theam. i. propago villanorum.

Teller, is an officer in the Eschequer, of which sort there be four in number. And their office is, to receive all monies due to the King, and to give to the Clerk of the Pell a bill to charge him therewith. They also pay to all persons, any money payable unto them by the King, by warrant from the Au∣ditor of the receipt. They also make week∣ly and yearly books, both of their receipts and Payments which they deliver to the Lord Treasurer.

Templers (Templarii) See Knights of the Temple. These whilest they flourished here in England, which seemeth to be all that time between Henry the seconds dayes, un∣till they were suppressed, had in every nati∣on a particular Governour, whom Bract.

calleth Magistrum militiae Templi. lib. 1. c. 10. Of these read M. Camden in his Br. p, 320. See Hospitalers.

Temporalt es of Bishops (Temporalia Epis∣coporum) be such revenues, lands and tene∣ments, as Bishops have had laid to their Sees by the Kings and other great persona∣ges of this land from time to time, as they are Barons and Lords of the Parliament. See Spiritualties of Bishops.

Tend, seemeth to signifie, as much as to endeavour, or offer, or shew forth, to tend the Estate of the party of the Demandant, Old nat. br. fol. 123. b. to tend to travers. Stawnf. praerog. fo. 96. to tend an averment. Brit. cap. 76.

Tender, seemeth to come of the French (Tendre, i. tener, delicatus) and being u∣sed adjectively, signifieth in English speech, as much as it doth in French. But in our Common law, it is used as a verb: and be∣tokeneth as much, as carefully to offer, or circumspectly to endeavour the performance of any thing belongingunto us to tender: As 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. Kitchin, fo. 197. is to offer himself ready to make his Law, whereby to prove 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 tenements by their last will, as well as their goods and chatels, to whom they list, for the hearing of any controversie touching this matter, and for the rectifying of the wrong, Reg. orig. f. 244. b.

Tenant, alias tenent, (tenens) commeth either of the Latine (tenere) or of the French (tenir) and signifieth in our Common law him that possesseth Lands, or tenements by any kind of right, be it in fee for life, or for years. This word is used with great diversity of Epithits in the Law, sometime signifying or importing the efficient cause of possession, as Tenent in Dower: which is she that possesseth land, &c. by vertue of her Dower. Kitchin, fol. 160. Tenent per statute Merchant. Idem fol. 172. that is, he that holdeth land by vertue of a Statute for∣feited unto him. Tenent in frank mariage. Kitchin, fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made unto him upon mariage, between him and his wife, Tenent 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 Inheritrix. and born alive. Tenent per elegit, Idem. fol. 172. i. he that holdeth by vertue of the writ termed Ele∣git, Tenent in Mortgage, Idem fol. 38. is he that holdeth by vertue of a mortgage or upon condition, that if the lessor pay so much mony at such a day, that he may en∣ter, and if not, that the seassee shall have a fee simple, fee tayl, or freehold. Sometime these Epithites import the manner of admit∣tance: as Tenent by the Verge in antient deme••n. Idem fol. 81. is he that is admitted by the Rod in a Court of antient demesn. Sometime the evidence, that he hath to shew for his estate: as Tenent by copy of Court roll, which is one admitted Tenant of any Lands, &c. within a Manor, that time out of the memory of man, by the use and custome of the said Manour, have been demisable, and demised to such as will take the same in fee, fee tayl, for life, years, or at will, according to the custome of the said manor, West. parte prim. symb. li. 2, sect. 646, whom read more at large. Again Tenent by charter, is he that holdeth by fe∣offment in writing or other deed. Kitchin fol. 57. Sometime these Epithites signifie that duty which the Tenent is to perform by reason of his tenure. As Tenent by Knight service, Tenents in burgage, Tenent in soccage, Tenent in frank fee, tenent in villenage. Sometime they import the estate of the Te∣nent or his continuance in the Land, as Tenent in fee simple, Kitchin, fol. 150. Tenent in fee tayl. Idem fol. 153. Tenent at the will of the Lord according to the cu∣stome of the manner, Idem fo. 132, & 165. Tenent at will by the Common law. Idem eodem. Tenent upon sufferance. Idem fol. 165. Tenent of state of Inheritance, Stawnford praeroge fol. 6. Sometime they con∣tain a relation toward the Lord, of whom, he holdeth as tenent in chief, i. he that holdeth of the King in the right of his Crown, Fitzher. nat. br. fol. 5. F. Tenent of the King, as of the person of the King. Idem, eodem, or as of some honor: eodem. Very tenent, i. he that holdeth immediately of his Lord, Kitchin, fol. 99. For if there be Lord Mesn, and tenent, the tenent is very tenent to the Mesn, but not to the Lord above. Tenent paravailes pl. cor. 197. & Fitzh. nat. br. fo. 136. D. is the lowest Tenent, and farthest distant from the Lord Paramount. It seem∣eth to be Tenent Per availe. See Dyers Commentaries, fol. 25. nu. 156. No tenent in right to the Lord, but Tenent for the a∣vowry to be made. Littleton, fol. 96. Some∣time they have a relation between Tenents,

and Tenents in several kinds, as Joynt te∣nents, i. they that have equal right in lands and tenements, and all by vertue of one title, Litleton, lib. 3. cap. 3. Tenents in Com∣mon, be they that have equal right, but hold by divers titles, as one or more by gift or descent, and others by purchase. Idem, eo∣dem, cap. 4. Particular tenent, Stawnf. Prae∣rog. fol. 13 that is, he which holdeth only for his term, 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. cap. 31. and Coke in Sir William Pellams case, lib. 1. fo. 15. a. they be termors for years or life. See Plowden, casu Colthirst, fol. 22. b. Sole tenent, Kit∣chin 134. i. he that hath none other joyn∣ed with him. If a man and his wife hold for both their lives, and the man dyeth, he dyeth not sole tenent, Idem; eodem. Seve∣ral tenent, is opposite to joynt tenents, or tenents in common. See Several tenenoy. Tenent al praecip, is he, against whom the writ (Praecipe) is to be brought. Cokes Re∣ports, lib. 3. The case of Fines, fo. 88. a. Tenent in demesn, anno 13 Ed. 1. cap. 9. an∣no 32 H. 8. ca. 37. is he that holdeth the de∣means of a manor for a rent without fervice. Tenent in service, anno 20 Ed. 1. stat. 1 is he that holdeth by service, v. Britton cap. 79. in principio, & cap. 96, Car fealtic, &c. ••••el quaere, whether he may be termed te∣nent in Demein, that holdeth some of the demeans howsoever, and he tenent in ser∣vice, which is a Free-holder to a Manor, holding by service, for the Free-holds of a Manor are not accounted of the demesn, but only that which the Lord keepeth in his own hand, or letteth out by copy, accord∣ing to the custome of the Manor. Tenent by execution, anno 32 Henry 8. cap. 5. is he that holdeth Land by vertue of an executi∣on upon any Statute, Recogn zance, &c.

Tendeheved (decanus, vedcaput decem fa∣miliarum) of this see Rogen Hovedon, parte poster. suorum annalium, fol. 346, a. See Frank pledge.

Tenement, (tenementum) is diversly used in the Common law, most properly it signi∣eth a house, or home Stall: but in a larger sig nfication it is taken either for house or land that a man holdeth of another. And joyned with the Adjective (Frank) in our Lawyers French, it contained generally lands or houses, yea or offices, wherein we have estate for term of life, or in fee. And in this signification, Kitchin so. 41. maketh frank tenement and base estate, opposite the one to the other. In the same sort doth Britton use it, through his whole 27 Chap∣ter, as also Bracton doth the Latin (libernm tenementum) li. pri. ca. 5. & 6. and many o∣ther places.

Tenentibus in assist non onerandis, &c. is is a writ that lyeth for him to whom a dis∣seisor hath alienated the Land whereof he disseised another, that he be not molested for the dammages awarded, if the Dissei∣sour have wherewith to satisfie them himself, Reg. orig. fol. 214. b.

Tenths, (Decimae) it that yearly portion or tribute, which all Livings Ecclesiastical do yeeld to the King. For though the Bi∣shop of Rome do originally pretend right unto this revenue, by example of the High Priest among the lews, who had tenths from the Levites, Numb. cap. 8. Hieroni∣mus in Ezechielem, Yet I read in our Chronicles, that these were of en granted to the King by the Pope, upon divers occa∣sions, sometime for one year, som time for more, until by the Statute, an 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown. See Disms. It signifieth also a task levyed of the temporalty. Holinshed, H. 2. fol. 111.

Tenore indictamenti mittendo, is a writ wherehy the Record of an indictment; and the processe thereupon, is called out of ano∣ther Court into the Chancery, Regist. orig. fol. 169. a.

Tenure (Tenura) commeth of the Nor∣man (Tendure) as appeareth by the Grand Custumary, cap. 28. where it is defined to this effect: Tenure is the manner, whereby Tenements are holden of their Lords. What may make a Tenure, and what not, see Per∣kins Reservations, 70. And in that Chapter shall you find the most of those Tenures re∣cited, that be now usually ••o England. In Scotland I find that there be four manner of Tennres, which they call holding of land; the first is ura eleemo••yna, which is proper to spiritual men, paying nothing for it, but devota animarnm suffragia: the second they call Few, or Few ferm, which holdeth of the King, Church, Barons, or others, paying a certain duty, called Feuda firma. The chird is a hold in (Blench) as they term it, by pay∣ment of a peny, rose, pair of guilt Spurs, or some such like thing, if it be asked, in name of Blench, id est, nomine albae firmae. The fourth is by service of ward, and releeve, where the Heir being minor, is in regad or custody of his Lord, together with his lands, &c. And land holden in this fourth

maner, is called there feudum de Hauberk, or Haubert; or seudum militare, or feudum Hauberticum, or fendum loricatum: because it is given upon condition, that the vassal possessor thereof, shall come to the Host with a Jack, or Haubert, which is a coat of Mail. M. Skene de verb. signif. verbo Haubert. Tenure in grosse, is the Tenure in Capite. For the Crown is called a Seig∣nory in grosse. because it consisteth of a cor∣poration of and by it self, not tyed to any honor, or manor. See Cromptons Iuris∣dict. f. 206. See the new book of Entries, verbo Tenure.

Term (Termiuus) fignifieth with us com∣monly, the bounds and limitation of time: as a lease for term of life, or term of years, Bracton lib. 2. cap. 6. nu. 4. But most noto∣riously it is used for that time, wherein the Tribunals, or places of Iudgement are open to all that list to complain of wrong, or to seek their right by course of Law, or action. The rest of the year is called vacation. Of these Terms there be 4 in every year: during which, matters of Iustice (for the most part) are dispatched. And this Sir Thomas Smith lib. 3. de Rep. Ang. cap. 2. reckoneth as mi∣raculous: that in lesse time than the third part of the year, three Tribunals, all in one City, should rectifie the wrongs of so large and populous a Nation, as England is. Of these Terms, one is called Hilarie Term, which beginneth the 23 of Ianuary, or if that be Sunday, the next day following, and endeth the 21 of February. Another is called Easter term, which beginneth 18 dayes after Easter, and endeth the Monday next after Ascension day. The third is Tri∣nity Term, beginning the Friday next after Trinity Sunday, and ending the Wednesday fort night after. The fourth is Michaelmas Term, beginning the 9th of October, or if that be Sunday, the next day after, and end∣ing the 18 of November.

Termor (Tenens ex termino.) is he that holdeth for term of years or life, Kitchin, fol. 151. Littleton, fol. 100.

Tenra extendendae, is a writ directed to the Escheator, &c, willing him to inquire and find the true yearly value of any land, &c. by the oath of twelve men, and to cer∣tifie the extent into the Chancery, &c. Re∣gister orig. fol, 293. b.

Terris bonts & caiallis rehabendis post pur∣gationem, is a writ that lye th for a Clerk to recover his lands, goods, or chatels formerly soised on, after he hath cleared himself of that seiony, upon suspition whereof he was for∣merly convicted, and delivered to his Or∣dinary to be purged. Register orig. fol. 68. b.

Terris liberandis, is a writ that lyeth for a man convicted by attaint, to bring the Record and Processe before the King, and to take a fine for his imprison∣ment, and to deliver him his lands and te∣nements again, and to release him of the Scrip and Waste, Regist. orig. fol. 232. a. It is also a writ for delivery of lands to the heir after homage, and relief perform∣ed; eodem, fol. 293. b. or upon security taken, that he shall perform them, eodem, fol. 313. b.

Terris & catallis tentis ulera debitum le∣vatum, is a writ Iudicial for the restoring of lands or goods to a debtour that is distreined above the quantity of the debt, Register Iu∣dicial, fol. 38. b.

Terretenent (terratenens) is he which hath the natural, and actual possesssion of the land, which we otherwise call the occu∣pation, anno 39 Eliz. ca. 7. For example, a Lord of a manour hath a Free-holder, who letteth out his free land to another to be occupied: this Occupier is called the Terretenent, Wist: parte 2. symb, tit. Fines, Sect. 137. Cromptons Inrisd. fol. 194. Brit∣ton, cap. 29. Porkins feoffments, 231. And Petrus Belluga in sprenlo Principum. Repub. 46. versic. Restut. vidert, nu. 9. useth this word Terrae tenentee in the same signification. See Land tenents. Yet I have heard some lear••∣ed in the Law say, that the Terienent, is the tenent in free, or copyhold, according to the custom of the Manor, and opposite to tenent for term of years. Quaere.

Ters, is a certain measure of liquid things, as wine, oyl, &c. containing the 6th. part of a tun, an. 32. H. 8. c. 14. or the 3d. part of a Pipe.

Testament (Testamentum.) See Will.

Testatum, is a writ that seemeth especi∣ally to lye against great personages of the Realm, whose bodles may not be medled with in actions of debt. And therefore if the Sheriff return, (nibil habes in balliva mext). in a case of execution, another writ shall be sent out into any other County, where such personage is thought to have whence to satisfie, which is termed a Testa∣tun, because the Sheriff hath formerly te∣stified, that he sound nothing in his Bayli∣week to serve the turn. See Kitchin in his Returns of writs. fol. 287. b.

Teste, is a word commonly used for the last part of any writ; so called, because the very conclusion of every writ wherein the date is contained, beginneth with these words (teste meipso, &c.) if it be an origi∣nal

writ, or if judicial, teste Thom. Flem∣ming, or Edwardo Cook, according 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 form of an original writ in the last clause to be, teste Ranulpho de Glanvilla apud Clarin∣don, &c. And divers times in the Regist. orig. Teste custode Angliae: as namely, in the title Prohibition, fol. 42. a. and Consultation, fol. 54. b.

TH

Thanus, is a made Latine word of the Saxon (thegn) which commeth of (thenian, i. alicuiministrare.) It signifieth sometime a Noble-man, sometime a free man, some∣time a Magistrate, sometime an Officer, or Minister. Lamb. in his exposition of Sax∣on words, verbo Tha••us. See the place. See Vavasour, M. Skene de verbor. significat. saith, as it is the name of a dignity, and ap∣pears to be equal with the Son of an Earl. And Thanus was a Free-holder holding his Land of the King. And a man not taken with the fang (that is, with the manner, as we say) accused of theft, no sufficient proof be∣ing brought against him, must purge him∣self by the oath of seven and twenty men, or of 3 Thanes. Thanagium Regis, signifieth a certain part of the Kings lands, or property, whereof the rule and government apper∣taineth to him, who therefore is called Thanus. For Domania Regis, and Thana∣gia, Iidem significant. It is a Dutch word: For (teiner) signifieth a servant, and teinen to serve. And thane is likewise a servant, and under-thane, an Inferiour thane or sub∣ject. Thus far Master Skene.

Thack-tile, anno 17 Ed. 4. ca. 4. other∣wise called plain tyle, is that tyle which is made to be layed upon the side, and nor upon the rudge of a tyled house, anno 17 Ed. 4. cap. 4.

Theam. See Team.

Theft (furtum) is an unlawfull feloni∣ous taking away of another mans moveable, and personal goods, against the owners will, with an intent to steal them. West. parte 2. symbol. titulo Inditements, sect. 58. where also he saith, that theft is from the person, or in presence of the owner, or in his absence. Theft from the person, or in the presence of the owner, is of two sorts: the one putting the owner in fear, the other not. Idem, eodem, sect. 59. The former is properly called Robbery, ibid. sect. 60. The new Expounder of Law terms, verbo Larce∣nie, divideth theft into theft so simply cal∣led, and petit or little theft. Whereof whereof the one is of goods above the value of twelve pence, and is selouy, the other un∣der that value, and is no felony. But see Felony.

Theftbote, is made of (thefe) and (boete) i. compensa••io, and signifirth properly the receiving of good; from a Thief, to the end to favour and maintain him. The punish∣ment whereof is ransome and imprisonment, and not losse of life and member. Stawnf. pl. cor. lib. prim. cap. 43. And the mirror of Justices, lib. 2. cap. des peches criminals al sute le Roye. And yet he there maketh mention of a Record alleged, which testi∣stified a judgement of life and member given in this case.

Thegne. See Thanus, and Thingus.

Them. See Team. It signified acquie∣tantiam amsrciamentoruus sequelae proprio∣rum serverum, Fleta lib. prim. cap. 47. sect. Theme.

Thelonium. See Tholle, and Tholonium, and Tolle.

Thelonio rationabili habendo pro Dominis babentibus Dominica Regis ad firmam, is a writ, that lyeth for him, that hath of the Kings demesn in fee ferm, to recover reaso∣nable toll of the Kings tenents there, if that his demesn have been accustomed to be tol∣led. Regist. orig. fo. 87. b.

Thingus. Cromptons jurisd. fol. 197. seemeth to be used for the Saxon Thegne. See Thanus. His words are these, speaking of a Charter or Grant made by a Lord of a Forest. Scietis me concessisse omnibus mili∣tibus, & omnibus thingis, & omnibus liberè tenentibus, qui manent in Foresta mea de Honore de Lancaster, quod possunt, &c. Fleta writeth it Tlein, and saith, quod significat liberum.

Then, significat servum. Fleta, lib. prim. cap, 47. See Thanns, and Thingus.

Thridborow, is used for a Constable, anno 28 Hen. 8. cap. 10. which also is noted by M. Lamberd in his Tractate intituled, The duty of Constables, pag. 6. which seem∣eth to be corruptly used for the Saxon (freoborh, i. ingenuus fidejussor,) or (fre∣borhesheofod, i. vas primarius) Idem, in his explication of Saxon words, verbo, Cen∣tuaria.

Thrid with hawan man (trium noctium ho∣spes) who if he did any harm, his Host, by the laws of Saint Edward, and of the Conqueror, was answerable for the harm. Rogerus Hoveden parte poster. suorum annal. fol. 345.

Thokei of fish, anno 22 Ed. 4. cap. 2.

Tholl (Thollonium) est libertas emendi, et vendendi in terra sua. Archainom. Lam. fol. 132. See Toll.

Thrave of corn, anno 2 Hen. 6. cap. 2. consisteth of two shooks: and every shook containeth six sheeves. It seemeth to be a word proper to the North parts.

Thrimsa, commeth of (Threo) that is three, and signifieth a peece of money of three shillings. Lamb. explica. of Saxon words, verbo Thrimsa.

TI

Tilsen of saten, anno 1 Hen. 8. cap. 14.

Tincell, commeth of the French (Estin∣celle, i. scintilla) or the verb (Estinceller, i. scintillare.) It signifieth with us a stuff or cloath made partly of silk, and partly of gold or silver, so called, because it glistereth or sparkleth like starres.

Tissue, is a French word signifying asmuch as (woven) Cloath of Tissue, with us cloath of silk and silver, or of silk, and gold wo∣ven together.

Tithe (Decimae) seemeth to be an abbre∣viat of (tything) being the Saxon (Tee∣thung) a little altered, which signifieth De∣curiam, Lamb, explication of Saxon words, verbo Decuria. It fignifieth in our Com∣mon law, the tenth part of all fruits predi∣al, or personal, which be due to God, and so consequently to his Minister, toward the recompence of his pains taken in instructing his charge, how to live after Gods com∣mandements, and his continuall intercessi∣on that he doth or ought to make unto God for their both spirituall and temporall blessings, Le••it. cap. 27. versu 30. I say the tenth part, though Covarruvias with o∣ther learned Canonists and Schoolmen, hold the rate of tithes, not to be necessari∣ly the tenth part of the fruits by the moral Law of God. Yet the better and more Theologicall opinion is, that they are all deceived, and that from their errour hath sprung much wrong to Almighty God, and great mischief to his Church: and that by the Law of God and nature, no contrary custome ought to last any longer, than the Pa••••on and Parisnioner shall both think well of it. Wherefore those customs of pay∣ing a half penny for a Lamb, or a penny for a Calf by such as have under seven in one year, how long soever it hath indured, is but very unreasonable in these dayes, when both Lambs and Calves are grown four time dearer, and more, than they were when this price was first accepted. And therefore no man dischargech well his con∣science in this point that payeth not duly the tenth of every Lamb, every Calf, and and every other thing titheable. For by this course the Minister fareth well or evill in a proportion with his Parishioner, as it pleaseth God to give increase, whereas by any other order the one or the other shall find want of indifference as the prices of things shall rise or fall.

Tithing (Tithingum) is the Saxon word Teothung for the which see (Tithe.) It sig∣nifieth (as M Lamberd saith in his Dutie of Constables) the number or company of ten men with their families, cast or knit toge∣ther in a society, all of them being bound to the King for the peaceable and good beha∣viour of each of their society. Of these Companies was there own chief or principal person, who of his office was called (Teo∣thung man) at this day in the West parts (Tithingman) but now he is nothing but a Constable. For that old discipline of Ti∣things is left long sithence. It signifieth also a Court, Anno 23 Ed. 3. cap. 4. et an. 9 H. 3. cap. 35. See Chief pledge and Frank Pledge, and Decennier. Tithing is used for a Court, Magna charta, cap. 25. and Mer∣ton, cap. 10.

TO

Todde of wooll, is a quantity containing 28. pound in weight, or two Stone.

Tost (Tostum) is a place wherein a me∣suage hath stood. West. parte 2. symbol. ti∣tulo Fines, Sect. 26.

Toile, commeth of the French (Toile, i. tela) and signifieth with us a net or cord to compasse or take Deer.

To lange and to bred. See Bred

Toll, (Tollere) as it is a verb, signifieth to defeat or take away, anno 8 Hen. 9. cap. 9.

Toll, aliàs Thol (Tolnetum, aliàs Theo∣lonium) is a Saxon word, and hath in our Common law two significations: first it is used for a liberty to buy and sell within the precincts of a Manor, Lamb. Archainom, fol. 132. which seemeth to import so much as a Fair or Market. The words be these: Thol (quod nos dicimus Tholonium) est sci∣licet quod habeat libertatem vendendiet e∣mendi in terra sua. In the second signifi∣cation it is used for a tribute or custom paid for passage, &c. as in Bracton. Si cui conceda∣tur talis libertas quòd quietus sit de Theo∣lonio & consuetudinibus dandis per totum Regnum Angliae in terra et mari, et quod Theolonium et consuetudines capiat infra li∣bertatem suam de ementibus et vendentibus, &c. lib. 2. cap. 24. num. 3. But even there in the end of the second number he hath this word, Toll (as it seemeth) in the for∣mer

signification also, which by these words above written following a little af∣ter, he interpreteth to be a liberty as well to take, as to be free from Tolle. The made Latin word (Theolonium) Cassanaeus in con∣suet. Burgund. pag. 118. deriveth a Tollen∣do) but I rather think it commeth from the Greek (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) or (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. vectigali∣um redemptio, vel etiam vectigalium ex∣actio) Fleta hath these words of it: Tol significat acquiet antiam Theolonii ubi{que} in Regno, lib. pri. cap. 47. M. Skene de verb. signif. verbo Toll, saith it is a custome, and that it commeth from the Greek word of the same signification (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) and that he who is enfeoffed with Toll, is custom free, and payeth no custom: which is manifest by sundry old books, wherein it is written: Toll hoc est, quod vos et homines vestri de toto homagio vestro sint quieti de omnibus mercatis, et de Tolneto, de omnibus re∣bus empiis et venditis. Thus farre he. Kit∣chin, fol. 104. maketh mention of toll through, and toll traverse, his words be to this effect: Custom or prescription to have toll through in the High way, is not good: for it is against the common right. But to have prescription of toll traverse, is good. In which place the difference between the one, and the other, the new expositour of Law Terms saith to be, that toll traverse is that money, which is taken for passing over a private mans ground. But this Author seemeth to differ from Kitchin touching the lawfulnesse of toll through, saying, that by reason of a Bridge provided at the cost and charge of the town, for the ease of Travel∣lers, he thinketh it reasonable, that toll through be enacted toward the maintenance thereof: which VVriter also maketh mention of toll Turn: and that he defineth to be toll paid for beasts driven to be sold, though they be not sold indeed. Where I think, he must mean a toll paid in the re∣turn homeward from the Fair or Market, whither they were driven to be sold. Plowden casu Willion, fol. 236. agreeth in this defini∣tion of toll traverse. And this the Fendists call Parangariam, defining it to be Sumptus & labores ferendi referendive alicujus causa à principe impositi, cùm non per viam, sed aliò versùm iter suscipitur. l. 2. Cod. de Episc. & cleri à graeco (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) i. transitus per viam transversam. Gothofred. ad. l. 4. sect. 1. π. de vetera, I find in Andrew Horns mi∣rour of Justices, lib. 1 cap. des articles, &c. that by the antient law of this land, the buyers of corn or cattel in Fairs or Markets, ought to pay toll to the Lord of the Market, in testimony of their contract there lawfully made in open market: for that privy con∣tracts were held unlawfull.

Toloneum, or Breve de essendi quietum de Telonen; is a writ that lyeth in case, where the Citizens of any City, or Burgesses of any Town, be quit from toll by the grant of the Kings Predecessors, or prescription: which you have at large in Fitzh. nat. br. fol. 226 See Telonium.

Tolt (Tolta) is a writ whereby a cause depending in a Court Baron, is removed into the County court. Old nat. br. fol. 2. The reason of the appellation seemeth to come from the verb (Tollo) v. Coke, lib. 3. in praefatione ad lectorem.

Tonne. See Tunne.

Tonnage, is a custome or impost due for merchandise, brought or carried in Tuns and such like Vessels, from or to other na∣tions, after a certain race in every Tun, anno 12 Edw. 4. ca. 3. anno 6 H. 8. ca. 14. & an∣no pri. Ed. 6. ca. 13. anno pri. Jacobi, ca. 33. I have heard it also called a duty due to the Mariners for unloading their Ship arrived in any Haven, after the rate of every Tun.

Torny. See Turney.

Totted, anno 42 Edw. 3. cap. 9. & anno 1 Ed. 6. cap. 15. is a word used of a debt, which the forein Apposer or other Officer in the Exchequer noteth for a good debt to the King by writing this word (Tot) unto it.

Tourn. See Turn.

Tout tempa prist & uncore est, that is to say in English, Alway ready, and is at this present: This is a kind of Plee in way of ex∣cuse or defence unto him that is sued for with-holding any debt, or duty belonging to the Plaintiff. See of this, Broke his A∣bridgement, fol. 258.

TR

Traile baston. See Iustices of trial baston.

Traitor (traditor, proditor) See Treason.

Transgressione, is a writ, called common∣ly a writ or action of Trespass. Of this Fitzherbert in his Natura brevium, hath two sorts: one Vicountiel, so called because it is directed to the Sheriff, and is not re∣turnable, but to be determined in the Coun∣ty: The form whereof differeth from the o∣ther, because it hath not these words, Qui∣re vi & armis, &c. and this see in Fitzher∣berts natura brev. fol. 84 G. The other is termed a writ of trespasse upon the case, which is to be sued in the Common bank or the Kings Bench, in which are alwaies used these words, vi et armis, &c. And of this you have Fitzh. nat. br. f. 92. E. See Trespass.

See the divers use of this writ in the Register original, in the Table.

Transcript, anno 34, & 35 H. 8. cap. 14. is the copy of any original written again, or exemplified.

Transcripto Recognitionis factae coram Ju∣sticiariis itinerantibus, &c. is a writ for the certifying of a Recognizance, taken before Iustices in Eyre, into the Chancery, Re∣gist. orig. fol. 152. b.

Transcripto pedis finis levati mittendo in Cancellariam, is a writ for the certifying of the foot of a fine levyed before Justices in Eyre, &c. into the Chancery, eodem, fol. 169. et Register judicial, fol. 14.

Travers, commeth of the French (Traver∣ser, i••transfigere.) It signifieth in our Com∣mon law sometime to deny, sometime to o∣verthrow, or undo a thing done. Touch∣ing the former signification, take these words in Wests Symbol. parte 2. titulo Chan∣cery, Sect. 54. An answer (saith he, speaking of an answer to a bill in Chancery) is that, which the Defendent pleadeth, or saith in Bar to avoid the Plaintiffs bill, or action, either by confession and avoiding, or by de∣nying and traversing the material parts thereof. And again, Section 55. A repli∣cation is the Plaintiffs speech or answer to the Defendants answer, which must af∣firm and pursue his bill, and confess and avoid, deny or traverse the Defendants an∣swer. And the formal words of this traverse are in Lawyers French sans ceo) in Latine (absque hoc) in English (without that.) See Kitchin, fol. 227. titulo Affirmative et Negative. In the second signification I find it in Stawnfords praerog. cap. 20. through the whole Chapter, speaking of traversing an Office: which is nothing else, but to prove, that an Inquisition made of goods or lands by the Escheatour, is defective and untruly made. So traversing of an Inditement, is to take issue upon the chief matter thereof: which is none other to say, than to make contradiction, or to deny the point of the Inditement. As in present∣ment against A. for a Highway over-flown with water for default of scowring a ditch, which he and they whose estate he hath in certain land there, have used to scowr and cleanse; A. may traverse either the mat∣ter, viz. that there is no Highway there, or that the ditch is sufficiently scowred: or o∣therwise he may traverse the cause, viz. that he hath not the land, &c. or that he and they whose estate, &c. have not used to scowr the ditch. Lamb. Earenarcha, lib. 4. cap. 13. pag. 521, 522. Of Traverse, see a whole chapter in Kitchin, fol. 240. See the new book of Entries, verbo Traverse.

Treason (traditio, vel proditio) commeth of the French (trahison, i. proditio) and sig∣nifieth an offence committed against the the amplitude and Majesty of the Common wealth. West. parte secund. symbol. titulo In∣ditement, sect. 63. by whom it is there divided into High treason, which other call altam proditionem, and Petit treason. High treason he defineth to be an offence done a∣gainst the security of the Common wealth, or of the Kings most excellent Majesty: whether it be by imagination, word or deed; as to compass or imagine treason, or the death of the Prince, or the Queen his Wife, or his Son and Heir apparent, or to deflowre the Kings wife, or his eldest Daughter unmarried, or his eldest sons wife: or levy war against the King in his Realm, or to adhere to his enemies, aiding them, or to counterfeit the Kings great Seal, privy Seal, or mony, or wittingly to bring false mony into this Realm counterfeited like un∣to the mony of England, and utter the same: or to kill the Kings Chancellor, Treasurer, Iustice of the one bench or of the other, Iustices in Eyr, Iustices of Assise, Iustices of Oyer and Terminer, being in his place, and do∣ing of his office, anno 25 Ed. prim. cap. 2. or forging of the Kings seal Manuel, or pri∣vy signet, privy seal, or forein coyn current within the Realm, anno 2 Mar. cap. 6. or diminishing or impairing of mony cur∣rent, anno 5 Eliz. cap. 11. et anno 14 El. ca. 3. et 18 Eliz. ca. pri. and many other actions which you may read there and in other places particularly expressed. And in case of this treason a man forfeiteth his lands, and goods to the King only. And it is also called treason Paramount, anno 25 Ed. 3. ca. 2. The form of Iudgement gi∣ven upon a man convicted of high treason is this. The Kings Serjeant after the verdict delivered, craveth Iudgement against the Prisoner in behalf of the King. Then the Lord Steward (if the traitor have been noble) or other Iudge (if he be under a Peer) saith thus: N. Earl of P. For so much as thou before this time hast been of these treasons indited, and this day arraigned for the same, and put thy self upon God and thy Peers, and the Lords thy Peers have found thee guilty, my Iudgement is, that thou shalt be con∣veyed unto the Tower of London, whence thou camest, and from thence drawn through the midst of London to Tiburn, and

there hanged: and living thou shalt be cut down, thy bowels to be cut out and burnt before thy face, thy head cut off, and thy body to be divided into four quarters, and disposed at the Kings Majesties pleasure: and God have mercy upon thee.

Petit treason is rather described by ex∣amples, than any where logically defined: as when a servant killeth his Master, or a VVife her Husband, or when a se∣cular or religious man killeth his Pre∣late, to whom he oweth faith and obedi∣ence. And in how many other cases petit treason is committed, see Cromptons Iustice of peace. And this manner of treason giveth forfeiture of Escheats to every Lord within his own fee, anno 25 Edw. 3. cap. 2. Of treason see Bracton, lib. 3. tract. 2. cap. 3. nu. pri. et 2. Treason compriseth both high and petit treason, anno 25 Ed 3. stat. 3. ca. 4.

Treasure trove (Thesaurus inventus) is as much as in true French (Tresor trouve) i. treasure found: and signifieth in our Common law, as it doth in the Civil law, id est, veterom depositionem pecu∣niae, cujus non extat m••m••••ia, ut jam do∣minum non habcat. l. 31. sect. prim. de ac∣quir. rerum Dom. Neer unto which defini∣tion commeth Braction. lib. 3. tract. 2. cap. 3. num. 4. And this trea••ure ••ound, though the Civil law do give it to the finder, accor∣ding to the law of nature; yet the law of England giveth it to the King by his Prero∣gative, a•• appeareth by Bracton ubi supra. And therefore as he also saith in the 6 Chap∣ter, it is the Coroners office to enquire thereof by the Country to the Kings use. And Stawnford, pl. cor. lib. prim. cap. 42. saith, that in antient times, it was doubtfull, whether the concealing of treasure found were felony, yea or not: and that Bracton calleth it gravem praesumptionem, et quasi cri∣men furti. But the punishment of it at these daies, as he proveth out of Fitzh. Abridgement, pag. 187. is imprisonment, and fine, and not life and member. And if the owner may any waies be known, then doth it not belong to the Kings Prerogative. Of this you may read Br••ton also, cap. 17. who saith, that it is every Subjects part, as soon as he hath found any treasure in the Earth, to make it known to the Coroners of the County, or to the Bailiff, &c. See Kitchin also fol. 40.

Treasurer, thesaurarius, commeth of the French (treserier, i. quaestor, praefectus fisci) and signifieth an Officer, to whom the trea∣sure of another, or others, is committed to be kept, and truly disposed of. The chief∣est of these with us, is the Treasurer of Eng∣land, who is a Lord by his Office, and one of the greatest men of the Land: under whose charge and government is all the Princes wealth contained in the Exchequer, as also the check of all Officers any way im∣ployed in the collecting of the Imposts, Tri∣butes, or other Revenues belonging to the Crown. Smith de Repub. Anglor. lib. 2. cap. 14. more belonging to his Office, see anno 20 Edw. 3. cap. 6. et anno 31 Henr. 6. cap. 5. et anno 4 Edw. 4. cap. prim. et anno 17 ejusdem, cap. 5. et anno prim. R. 2. cap. 8. et anno 21 Henr. 8. cap. 20. et anno pri. Ed. 6. cap. 13. Ockams Lucubrations affirm, that the Lord chief Iustice had this authority in times past: and of him hath these words: Iste excellens Sessor omnibus, quae in inferiore vel superiore schaccio sunt, prospicio. Adnu∣tum ipsius quaelibet officia subjects disponun∣tur: sic tamen ut ad Domini Regis utilitatem justo perveniant. Hic tameninter caterae vi∣detur excellens, quod potest his sub testimonio suo breve domini Regis f••cere fieri, ut de the∣sauor quaelibet summa libixetur. ved us com∣putetur quod sibi ex Domini Regis manda∣to pranoverit computandum, vel si maluerit, breve suum sub aliarum testimonio faciet de his rebus. This high Officer hath by varetie of his Office at this day, the nomination of the Eschetors yearly throughout England, and giveth the places of all Customers, Control∣lers, and Searchers in all the Ports of the Realm. He sitteth in the Chequer Cham∣ber, and with therest of the Court, ordereth things to the Kings best benefit. He with the Barons may by Statute stall debts of three hundred pounds and under. And by Com∣mission from his Majesty, he with others joyned with him, letteth leases for lives or years, of the lands that came to the Crown by the dissolution of Abbies. He by his Of∣fice giveth warrant to certain men to have their wine without impost. He taketh declara∣tion of all the mony paid into the Receipt of the Exchequer, and of all Receivers ac∣compts.

Then is there a Treasurer of the King; houshold, who is also of the Privy Councel, & in the absence of the Steward of the Kings Houshold, hath power with the Controller and the Steward of the Marshalsea without commission to hear and determine treasons, misprisions of treasons, murder, homicide, and blood shed, committed within the Kings Pallace. Stawnfopl. cor. l. 3. c. 5. In the sta∣tute, an. 28 R. 2. c. 18. et 11 H. 7. ca. 16. menti∣on

is made of the Treasurer of Calis. In Westm. 2. cap. 8. of the Treasurer of the Ex∣chequer, et anno 27 Edw. 3. stat. 2. cap. 18. et anno 35 Eliz. cap. 4. of the Trea∣surer of the Navy, or Treasurer of the wars, or garrisons of the Navy, anno 39 El. 7. Treasurer of the Kings Chamber, anno 26 H. 8. cap. 3. et anno 33 ejusdem, cap. 39. Treasurer of the wars, anno 7 Henr. 3. cap. prim. anno 3. Honr. 8. cap. 5. Treasurer for the Chancery West. parte 2. symbol. titulo Fines, sect. 152. Treasurer of the Kings Wardrope, anno 15 Edw. 3. stat. prim. cap. 3. et anno 25 ejusdem, stat. 5. cap. 21. whose office you have well set out in Fleta, lib. 2. cap. 14. Treasurer of the County for poor Souldiers, anno 35 Eliz. cap. 4. And most Corporations through the King∣dom, have an Officer of this name, that receiveth their rents, and disburseth their common expences.

Treat commeth of the French (traire, i. emulgere) and signifieth in the Common law, as much as taken out, or withdrawn. As a Iurour was challenged, for that he might not dispend forty pounds, and for that cause he was treat by the Statute, Old nat. br. fol. 159. that is, removed or dischar∣ged. Bread of treat, anno 51 H. 3. Statute of Bread, &c. what it signifieth I cannot learn.

Trespasse (Transgressio) is a French word, signifying a much as Mors, obitus, excessus. The reason whereof I take to be, because in interpretation it is a passage from one place or estate to another: for in Brit∣ton, cap. 29. I find trespassants for passen∣gers. In our Common law and language, it is used for any gransgression of the law, under treason, felony, or misprission of treason, or of fe••ony, or may be gathered out of Stawnf. pl. cor. fol. 38. where he saith, that for a Lord of the Parliament to depart from the Parliament without the Kings license, is nei∣ther treason nor felony, but trespals. And again, fol. 31. saying that where it was wont before the Statute made, anno prim. Edw. a called Statutum de frangentibus prisonam, that the breach of Prison was felony, if it were the Kings prison: it is sithence but trespasse, except the Prisoner were commit∣ted for felony. But it is most commonly used for that wrong or dammage, which is doue by a private man to the King, as in his Forest, pl. cor. lib. 2. cap. 18. or to another private man. And in this signification it is of two sorts: trespasse general, otherwise termed, trespasse vi et armis; and trespass especial, otherwise called trespasse upon the case. And this seemeth to be without force. Terms of the Law. Action upon the case, as appeareth by Kitchin, fol. 176. The former I take to be called general, because it riseth from that general ground in Law, and whatsoever is done by any private mans humour, vi et armis, is an offence. The lat∣ter I call especial, because Kitchin calleth the other general: and another reason may be this, because it springeth from a particu∣lar case or fact, not contained under any other general head. And the action lying for this trespasse, is otherwise called an action upon the case, as may be gathered out of divers places under the title Trespasse, in Brook his Abridgement. How to distinguish the form of these writs or actions, see Fitzherb. nat. br. fol. 86. L. & 87. H. I. in an Action of trespasse, this is perpetual, that the Plaintiff sueth for dam∣mages, or the value of the burt done unto him by the Defendant. It seemeth an hard thing to distinguish these two kinds of tres∣passes so, as to be able to say when it is a trespasse vi et armis, and when upon the case: as may well appear to him that shall peruse this title in Brook. But this is to be left to the experience of grave and skilfull Plea∣ders. I find moreover in Kitchin, so. 188. that there is a trespasse local, and trespasse tran∣sitory: trespass local is that, which is so an∣nexed to a place certain, as if the Defendant joyn issue upon the place, and traverse the place, only by saying, Absque hoc, that he did the trespasse in the place mentioned in the declaration, and aver it, it is enough to defeat the action. Trespass transitory is that, which cannot be defeated by the De∣fendants traverse of the place, saying. With∣out that I committed the trespasse in the place declared: because the place is not ma∣terial. Examples of both you have set down by Kitchin, in the place above named, to this effect: traverse by (Absque boc) of trespass in battery, or goods brought in, is transitory and not local: as it is of trees cut, and he••bs.

And therefore in trespasse transitory, the place shall not make issue, neither is it tra∣versable: no more than is a trespasse upon a case of an Assumption. Bracton in his fourth book, cap. 34. num. 6. divideth transgressionem in majorem et minorem: which place read. See also great diversity of trespasses in the new book of Enteries, verbo Trespass.

Tryal. (triatio) is used in our Common law, for the examination of all causes civil

or criminal, according to the laws of our Realm. Of this word Stawn. pl. cor. lib. 2. cap. 26. writeth to this effect; There was a Statute made prim. & secund. Philip. Mar. cap. 10. to this purpose. And be it farther enacted by the anthority aforesaid, that all tryals hereafter to be had, awarded or made for any Treason, shall be had and used accord∣ing to the due order and course of the Com∣mon laws of this Realm, and not otherwise, &c. By this word (tryal) saith Stawnf. in that place, some understand as well the inquest that indicteth a man, as the inquest upon the arraignment, that attainteth or acquiteth him. For these two make but one entire tryal, that every man is to have, when he is impeached of treason. But others have answered to this, that tryal in common speech, is the tryal that a man is to have, after he is indicted, and not before. For in Law the Inditement is nought, but the accusation against him, which he is to make answer unto, and that being try∣ed, it either attainteth, or acquitteth him. So that the tryal is the lssue, which is tryed upon the Inditement, and not the Inditement it self. For that is no part of the thing which tryeth, but the thing which is tryed, and the offence. And so this word Tryal understood in the Sta∣tute an. 33 H. 8. c. 23. where he saith thus; Must be indicted within the Shires or places where they committed their offences, and also tryed before by the Inhabitants, or Free-hol∣ders. So he putteth a difference between In∣ditement & tryal, as he doth afterward in these words: There to be indicted and tryed of their offences, &c. Thus far Stawnf. Sir Tho. Smith, de Repub. Angl. lib. 2. ca. 5. saith, That by order & usage of England, there are three Tryals, that is 3 wayes and manners, whereby absolute and definite Judgement is given by the Parliament, which is the highest and most absolute, by bat∣tel and great assise: which he severally descri∣beth in three Chapters following, though not so fully as the thing requireth. But of the great Assise, he speaketh at large in the three and twentieth Chapter of the same book. And of these Tryals see more in Stawnf. pl. cor. lib. 2. cap. pri. 2. & 3. whereof he divideth the great Assise into two sorts: one proper to Ba∣rons of the Parliament, which is by 20 or 18 of their Peers: the other common to others of lower condition, which is by 12 men, that be neighbours to the place where the of∣fence was committed, And of those you may read him at large in the said Chapters there following. See Twelve men. See the New book of Entries, verbo Trial.

Trihing (Trihinga, vel Trithinga) seemeth by a place in Edward the Confessors laws, set out by Master Lamberd, nu. 34. to be the third part of a Shire or Province, otherwise called (Letbe) which we now call (Leet.) The same Law doth M. Camden mention. pag. 102, & 103. This Court is above a Court Baron, and inferiour to the Shire, or County. This word is also used in the sentence of excommu∣nication upon the great Charter and Charter of the Forest, denounced in the daies of Ed∣ward the first, as it is latined in the book cal∣led Pupilla oculi, parte 5. cap. 22. A. I. In these words: Visus autem defranco plegio sic fiat, sc. quod pax nostra teneatur, & quod Tri∣hinga integra sit, sicut esse consuevit, &c. Of this Fleta lib. 2. cap. 61. sect. final. writeth thus; Sciendnm est quod aliae potestates erant super Wapentakia, quae Tritinga dicebantur, eo quòd erat tertia pars provinciae, qui vero super eas dominabantur, trithingreves vocabantur, quibus deferebantur causae quae non in Wapen∣takiis poterant definiri in Shiram, sicque quòd vecatur Hundredum, jam per variationem loco∣rum & idiomatù, Wapentakie appellatur; & tria vel quatuor vel plura Hundreda solebant trithinga vocari: & quod in trithing is non po∣terant diffiniri in Shiram, 1. in Comitatum defe∣rebatur terminandum. Modernis autem tem∣poribus pro uuo et eodem habentur apud howines Hundreda, Wapentakia & Trithinga. Learn whether those divisions in York-shire called ridings, be not quasi trithings. Of this Roger Hoveden, parte poster. suornmannal. fol. 346. b. hath the same words in effect.

Treswell of double soled shooes, anno 2, & 3 Edw. 6. cap. 9. which as I have heard, should rather be written Creswel, signifying the broad edge or verge of the shooe-sole round about.

Trinity house, is a certain house at Debt∣ford, which belongeth to a Company or Cor∣poration of Sea-faring men, that have power by the Kings Charter, to take knowledge of those that destroy Sea-marks, and to redresse their doings, as also to correct the faults of Saylors, &c. and to take care of divers other things belonging to Navigation, and the Seas, v. anno 8 Elizabeth. cap. 13. & anno 35 ejus∣dem, cap. 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 whether a challenge made to the panel, or any of the panel, be just, yea or not. Brook, titulo Challenge, fol. 122. and Old nat. br. fol. 158.

Tritis, aliâs Tristis, is an immunity from that attendance in the Forest, whereby every

man dwelling in the Forest, is tyed to be ready, holding of a Grey-hound, when the Lord of the Forest is disposed to chase within his Fo∣rest, at such place as he shall be appointed, or else to be amerced for his default. Manwood parte pri. of his Forest laws, pag. 86. and Cromptons Jurisd. fol. 192. & 197.

Tronage (Tronagium) is a kind of toll, Westm. 2. cap. 25. anno 13 Ed. 1. taken (as it seemeth) for weighing. For I find in Fleta lib. 2. cap. 12. sect. Item ulnas, that trona is a beam to weigh with. See Weight.

Trover, commeth of the French (Trouver, i. Invenire) It signifieth in our Common law, an action which a man hath against one that having found any of his goods, resuseth to deliver them upon demand. See the new book of Entries, verb. Trover.

Troy weight (Pondus Trojae) See Weight.

TU

Tumbrell (Tumbrellum) is an engine of punishment, which ought to be in every li∣berty that hath view of Frank pledge, for the correction of Scolds and unquiet women, Kit∣chin, fol. 13. a. New book of Entries. Fran∣chis. 2. & Quo warranto. 1. See Cucking stool.

Tun, is a measure of Oyl or Wine, con∣taining twelve score and twelve Gallons; anno 1 Rich. 3. cap. 12. that is four Hogs∣heads.

Tunnage. See Tonnage.

Turbary (Turbaria) is an Interest to dig Turves upon a Common, Kitchin, fol. 94. Old natura brevium, fol. 70. It commeth of the rude Latin word (Turba) which is used for a Turf. Lynd. in provin. de decimis cap. finali.

Turmerick (Turmerica) is a certain root of an herb growing in Arabia, as I have been informed, very wholsome for divers diseases in horses, and sometime used for a man also in case of Jaundies. It is reckoned among the gar∣beable drugs, anno 1 Jac. ca. 19.

Turn (Turnum) is the Sheriffs Court, kept every year twice: once after Easter, and again, after Michaelmas, Magna Charta, caput 35. and within one Month after each Feast, anno 3 Ed. 3. cap. 15. from this Court are exempt∣ed only, Arch-bishops, Bishops, Abbots, Pri∣ors, Earls, Barons, all religious men, and wo∣men, and all such as have Hundreds of their own to be kept. And these are not bound to appear there, except their apparence be e∣specially required upon some extraordinary cause, anno 25 Hen. 3. ca. 10. and Briton, ca. 29. It seemeth to be called the Sheriffs turn of the French word (Tour, i. ambitus circuitus, vicissi∣tudo) and is of Briton called Tour, cap. 61. sub fine capitis, as if we would say, (The She∣riff his course) for (as Briton noteth in the said twenty ninth Chapter) that which before the Sheriff, is called the Sheriff•• Turn, is called in the Court of Franchises and Hundreds, the view of Frank-pledge: wherein inquiry is espe∣cially made of such as be not in any Dozin: with whom Fleta agreeth: And by Fleta it appeareth that this Turn was the Sheriffs course to keep his Court in every Hundred, l. 2. ca. 52. in princip. So that as the inferi∣our Courts had their times to take knowledge of those, and other causes belonging to their cognisance: So the Sheriff had his course or Turn to do the like at these two several sea∣seasons. That if there were any defects in them, it might he redressed in these, and Gods peace and the Kings so much the more carefully observed. This as Master Lamberd saith, was of old called also the Sheriffs moot, l. 4. ca: 4. In this Court (as Briton saith u∣bi supra) the Sheriff causeth to be found out twelve of the most sage, loyal and sufficient men of all the Hundred (for he kept his turn twice every year in each Hundred. Magna Charta, cap. 35. & Briton ubi supra.) whom he charged upon their Oaths to present the truth touching the articles ministred unto them, and set down by Briton in the same Chapter. This done, he put all other to their oaths, according to their dozins and villages, truly to present unto the former twelve all things concerning such articles, as by them they should be asked of. But sithence the Hundred Courts, are all called to the County by the statute, anno 14 Ed. 3. cap. 3. Statut. pri. these Turns be likewise kept in one chief place of every shire, and not severally in every Hundred, as before they were. Of this you may read more in Briton, or in Cromptons Ju∣risd. fol. 230. and in the Mirour of Iustices, lib. pri. cap. de Turns.

Turney (Turneamentum) cometh of the French (Tourney, i. Decursorium) It signifieth a Mat∣tial exercise of Knights or soldiers fighting one with another in disport, and is thus defined, ca. felicis Extra de Torneamentis. Torneamenta dicuntar Nandinae vel feriae, in quibui milites ex condicto convenire, & adostentationem virium su∣arum, & audaciae, temerè congredis olent. This word is used in the statute, anno 24 Hen. octa. cap. 13. and as I have heard, it signifieth with us in England those combats that are made with arming swords on Horse-back. And I think the reason of the name to proceed from the French Tourner, i. vertere) because it con∣sisteth much in agility both of horse and man.

Turno vicecomitum, is a writ that lyeth for

those that are called to the Sheriffs turn, out of their own Hundred. Register orig. fol. 174.

Tuain nithes gest (hospes duarum noctium) Roger Hoveden, parte poster. suorum annalium, fol. 345. b. who if he did harm to any, his hoste was not answerable for it, but himself. See Thridinithes hawan man.

Twelve men (Duodecim homines legales) is a number of 12 persons, or upwards to the num∣ber of 24. by whose discretion all tryals pass both in civil and criminal causes, through all Courts of the common Law in this Realm. First for civil causes, when proof is made of the mat∣ter in question, as the parties and their Counsel think good on both sides, the point of the fact, that they are to give their verdict of, is delive∣red likewise unto them, which we call the issue: and then are they put in mind of their oath formerly taken, to do right between party and party, and so sent out of the Court severally by themselves to consider upon the evidence of both sides, untill they be agreed; which done, they return to the Court again, and deliver their verdict by the mouth of the foreman. And according to the verdict, Iudge∣ment afterward passeth, either condemnatory for the Plaintiff, or absolutory for the Defen∣dant. These twelve be called twelve milites. Glanvile, lib. 2. cap. 14, & 15. and so be they in Bracton divers times: but that word is altered.

In causes criminal there be two sorts of En∣quests, one called the grand Enquest, and the other the Enquest of life and death. The grand Enquest is so called, either because it consist∣eth commonly of a greater number than twelve, as of twenty four, eighteen, or sixteen at the least; or else because all causes criminal or penal first passe through them: whereas the other Enquest is especially appointed for one or few matters touching life and death, com∣mitted to their consideration. Those of the grand Enquest are also called by Bracton 12 milites, lib. 3. tract. 2. cap. pri. num. 2. because they were wont to be Knights, as it seemeth, and not inferiours, except so many Knights could not be found, Idem, eodem, num. 1. in fine. And their function is to receive all pre∣sentments made unto them of any offence, and accordingly to give their general opinion of the presentment by writing either these words (Billa vera) upon the bill of pre∣sentment, which is an inditement of the party presented: or else this word (Ignoramus) which is an absolving of him. Now as crimi∣nal causes be of two sorts, either capital touching life and member, or finable: so is there a double course of these Indite∣ments. For in causes only finable, the party indited must either traverse the In∣ditement by denying it, and so it is referred to a petit Jury, whereby he is either convict∣ed or discharged of the crime, or else he con∣fessing it, the Court setteth his fine upon his head without more work. But in matters of life and death, the party indited is comman∣ded to hold up his hand, and answer (guilty) or (not guilty) if (guilty) he standeth con∣victed by his own confession: if (not guilty) he is farther referred to the Enquest of life and death, which consider upon the proof brought against the Prisoner, and accordingly bring in their verdict (Guilty) or (not Guilty) so is he judged to dye, or delivered by the Court. Of this read more in Inditement, Assise, Iury. See the statute, anno 35 H. 8. cap. 6. & 37 ejusdem, cap. 22. et anno 2 Ed. 6. cap. 32. et anno 5 Eliz. cap. 25.

VA

VAcation (vacatio) hath an especial sig∣nification in this Kingdom, being used for all that time respectively which passeth be∣tween term and term, at London. And when such times, begun and ended in our Ancestors daies, see Roger Hovedens annals parte poste∣riori, fol. 343. a. where you shall find that this intermission was called (pax Dei et Eccle∣siae.)

Vaccarie, aliàs vacharie (vaccaria, aliàs vacheria) seemeth to be a house to keep kine in, Fleta lib. 2. cap. 41. sect. Item inquira∣tur 12. and Cromptons Jurisd. fol. 194. in these words: without warrant no subject may have within the Forest a vacary. But in the sta∣tute anno 37 H. 8. cap. 16. I find vachary to be, as it were a special proper name, of a cer∣tain quantity and compass of ground within the Forest of Ashedown.

Valew (valentia, valor) The word is in it self plain enough: But I cannot omit one place in M. West, parte 2. symbol. titulo Inditements. sect. 70. V. W. touching the difference be∣tween value and price. These be his words. And the value of those things, in which offen∣ces are committed, is usually comprised in In∣ditements, which seemeth necessary in theft, to make a difference from petit larceny: and in trespass, to aggravate the fault, and increase the fine. But no price of things, ferae naturae, may be expressed, as of Deer, of Hares, &c. If they be not in Parks, and Warrens, which is a Liberty, anno 8 Edward. 4. fol. 5. nor of

Charters of land. And where the number of the things taken, are to be expressed in the Inditement, as of young Doves in a Dove∣house, young Hawks in a wood, there must be said (pretii) or (ad valentiam) but of di∣vers dead things (ad valentiam) and not (pro∣tii) of coyn not current it shall be (pretii) but of coin current, it shall neither be said (pretii) nor (ad valentiam) for the price and value thereof is certain. But of counterfeit coin, shall be said (ad valentiam) and in counterfeiting of coin shall not be said (decem libras in denariis Do∣minae Reginae) nor (in pecunia Dominae Re∣ginae) but (ad instar pecuniae Dominae Re∣ginae.)

Valour of mariage (Valore maritagii) is a writ that lyeth for the Lord, having profered covenable mariage to the Infant, without dis∣paridgement, against the Infant comming to his years, if he refuse to take the Lords offer. And it is to recover the value of the mariage. Regist. orig. fol. 164. Old nat. br. fol. 90.

Variarce, commeth of the French (vari∣er, i. alterare) it signifieth in the Common law, an alteration, or change of condition after a thing done. For example, the Com∣monalty of a Town make a Composition with an Abbot. Afterward this Town by a grant from the King obtaineth Bayliffs. This is a variance, and in this case, if the Abbot com∣mence any sute for breach of the composition, he must vary from the words of the Commo∣nalty set down in the Composition, and begin against the Bayliffs, and the Commonalties Brook tit. Variance, fol. 292. It is also used for an alteration of something formerly laid in a plee, which is easilier known what it is, than when it may be used, as it appeareth by Brook through the whole title aforesaid. See variance in the new book of Entries.

Vassal (vasallus) signifieth him that hold∣eth land in fee of his Lord, Hot. verbo Feudal, we call him more usually a Tenent in fee: whereof some owe fidelity and service, and are called vassalli jurati, some that owe neither, and are called vassalli injurati. But of this later sort, I think that in England we have not any. Of these thus writeth Ho∣tom. in his disputations upon the Feuds, cap. 3. Propriè is vassa dicitur, qui ab Imperatore regale feudum accipit, vassallus autem 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 diminutivo nomine qui ab illo feudale be∣neficium adeptus est: quasi qui in vassi fide et clientela est, &c. M. Skene de verbor. signif. verb. Ligentia, saith, that vassallus is divided into Homologum, et non homologum; Homolo∣gus is he that sweareth service with exception of a higher Lord: and non homologus, is he that sweareth without exception, all one with Ligeus. And the same Author verb. Vassallus, saith, that it is vassallus, quosi bas∣sallus, id est, inferior soc••us. From the French (bas, i. humilis, dimissus) and the Dutch word (gesel, i. sccius:) his reason is, because the vassal is inferiour to his Master, and must serve and reverence him: and yet he is in manner his companion, because each of them, is obliged one to the other. He saith farther out of Cujaceus, lib. prim. de Feud. that leades, leodes, fideles, homines nostri, feuda∣tarii, ministeriales, beneficiarii, beneficiati, vas∣salli, signifie almost all one thing. And a little after he saith thus: In the laws of the Feuds, vassallus is called fidelis, quia fidelit a∣tem jurat. Amongst vassals, the first place of dignity is given to them that are Duces, Mar∣chiones, Comites, and are called Capitanei Reg∣ni. The second is granted to Barons, and o∣thers of like estate, and are called Valvasores Majores. The third to them who are called Gentlemen, or Nobles, holding of Barons; which also may have under them vassals that be Gentlemen. And such vassals holding in chief of Barons, are called Valvasores Mino∣res. And they which hold of Gentlemen, are called Vassalli, valvassini, seu minimi val∣vasores. But in this Realm (he speaketh of Scotland) they that hold of Barons, are called Milites, and they that hold of them, are called Subvassores. Thus sar Master Skene.

Vasto, is a writ that lyeth for the heir a∣gainst the Tenent, for term of life, or of years, for making waste, or for him in the Reversion or Remainder, Fitzh. nat. br. fol. 55. Regist. orig. fol. 72, & 76. and Regist. Judicial, fol. 17.21, 23, & 69. v. anno 6 Edw. pri. cap. 5.

Vavasour (vavasor, aliàs, valvasor) is one that in dignity is next unto Baron. Cambden Britan. pag. 109. Bracton, lib. prim. cap. 8. saith thus of this kind of men: Sunt & alii po∣tentes sub rege, qui dicuntur Barones, hoc est, robur belli: sunt & alii qui dicuntur Vavasores, viri magne dignitatis. Vavasor enim, nibil melius dici poterit, quàm vas sortitum ad va∣letudinem, Jacobutius de Franchis in praeludio Feudorum. tit. prim. num. 4. &c. calleth them Valvasores, and giveth this reason of it: Quia assident valvae, i. portae domini in festis, in qui∣bus consueverunt homines curtizare & eis re∣verentiam exhibere, propter Beneficium eis col∣latum, sicut libertus patrono: M. Camden in his Br••tan. pag. 108. hath these words of them. Primis etiam Normannorum temporibus, & Thani proximi à Comitibus in dignitate cense∣bantur. Et valvasores majores (si illis qui

de feudis, cribunt oredimus) iid••m fuerunt Ba∣rones.

VE

Vendi••soni expo••as, is a writ ludicial, dire∣cted to the under-Sheriff, commanding him to sell goods that he hath formerly by com∣mandement taken into his hands, for the sa∣tisfying of a judgement given into the Kings Court, Register judscial, fol. 33. b.

Venire facias, is a writ judicial, and go∣eth out of the record; lying where two par∣ties plead, and come to issue, sc. upon the say∣ing of the Country. For then the party Plaintiff, or Defendant shall have this writ directed to the Sheriff, that he cause to come twelve lawfull men of the same Country, to say the truth upon the sayd issue taken. And if the Enquest come not at the day of this writ returned, then shall go a Habcas corpo∣ra, and after a Distress untill they come. Old nar. br. fol. 157. See how diversly this writ is used in the table of the Registor judicial. There is also a writ of this name, that is ori¦ginal, as appeareth in the Register orig. fol. 200. b. which M. Lamberd in his Pro∣cesses annexed to his Eirenarcha saith to be the common Processe upon any presentment not being felony, nor especially appointed for the fault presented by Statute. Wher∣of he setteth down an example in the same place. See also the new book of Entries, verbo Enquest, fol. 253. columma 1, 2, & 3.

Venire sacias tot matronas. See Ventre in∣spiciendo, See Lamb. Eirenarcha, li. 4. ca. 14. pa. 532.

Venew (vicinetum) is taken for a neigh∣bour, or near place. As for example, twelve of the Assize ought to be of the same Venew where the demand is made, Old nat. br. fol. 115. and in the statute anno 4 H. 4. cap. 26. & anno 25 H. 8. cap. 6. I find these words: And also shall return in every such panell up∣on the (venire facias) six sufficient Hundre∣ders 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 saith she is with child, and thereby with-holdeth land from him that is the next heir at the common law, Register o∣riginal, fol. 227. a.

Verdour (viridarius) commeth of the French (verdeur, i. Saltuarius, vel custos nemoris) he is (as M. Manwood, parte pri. of his Forest laws, pag. 332. defineth him) a Iudicial 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 sworn to maintain, and keep the Assises of the Forest, and also to view, receive, and and inroll the Attachments and presentments of all manner of Trespasses of the Forest, of vert and venison. And the same Author upon the first article of Canutus Charter, in the beginning of the same part, saith, that these in the Saxons times were called (Pae∣gened) being four in number, and they chief men of the Forest, as then they were. Their Fee was in Canutus time, each of them every year of the Kings allowance, two horses, one of them with a saddle, ano∣ther of them without a saddle, one Sword, fiue Iavelings, one Spear, one Shield, and ten pounds in mony. These four (as appear∣eth by the said Charter, num. 11.) had re∣galem potestatem, and might proceed to a three-fold judgement: And if any man offe∣red them, or any of them violence, if he were a free man, he should lose his free∣dome, and all that he had: if a villein, he should lose his right hand. And all the Officers of the Forest were to be corrected and punished by them; Ibidem, num. 10. The Verdour is made by the Kings writ, Cromptons jurisd. fol. 165. the form of which writ you have in Fitzh. nat. brev. fol. 164. which is directed to the Sheriff for the choise of him in a full County, by the assent of the said County. Yet if a Verdour be suddenly sick or dead, at the time of the Iustice seat, a new may be chosen without a writ, Manwood parte prim. pag. 72. the office is (as Cromp∣ton saith loco allegato) properly to look to the vert, and to see that it be well maintained. Also when any forfeiture is taken in the Fo∣rest before the Foresters or other Ministers, the price thereof shall be delivered to the Verdour, who is to answer for it before the Iustices in Eyr. And if he die, his heir is chargeable therewith. Crompton ibidem. The form of his oath at his admittance you may see in Manwoods first part of his Forest laws, pag. 51. who there calleth him ver∣derour, aliàs verdictor. You shall truly serve our Soveraign Lord the King, in the office of a verderor of the Forest W. you shall to the uttermost of your power, and knowledge, do for the profit of the King, so far as it doth appertain unto you to do. You shall pre∣serve and maintain the antient rights and franchises of his Crown: you shall not con∣ceal from his Majesty any rights or privile∣ges, nor any offence either in vert or venison, or any other thing. You shall not with∣draw, nor abridge any defaults, but shall in∣deavour your self to manifest and redresse the same, and if you cannot do that of your self, you shall give knowledge thereof unto

the King, or unto his Iustice of the Forest. You shall deal indifferently with all the Kings liege people: you shall execute the laws of the Forest, and do equal right and justice, as well unto the poor, as unto the rich in that appertaineth unto your office: you shall not oppress any person by colour thereof, for any reward, favour, or malice. All these things you shall to the uttermost of your power observe and keep. Their Office is farther expressed, eodem, pag. 93. which is to sit in the Court of Attachment, to see the Attachments of the Forest, to receive the same of the Foresters and Woodwards, that do present them, and then to enter these at¦tachments into their Roles.

Verdict (veredictum) is the answer of a Jury or Enquest made upon any cause civil or criminal, committed by the Court to their consideration or tryal. And this verdict is two-fold: either general or especial, Stawnf. pl. cor. lib. 3. cap. 9. A general verdict is that which is given or brought into the Court, in like general terms to the general issue: as in an action of disseisin the Defen∣dant pleadeth, No wrong, no disseisin. Then the issue is this in general, whether the fact in question be a wrong or not. And this committed to the Iury, they upon conside∣ration of their evidence, come in and say, either for the Plaintiff, that it is wrong, and disseisin; or for the Defendant, that it is no wrong, no disseisin. And again, the priso∣ner at the bar pleading, Not guilty: the En∣quest in like general terms bring in their ver∣dict, either for the King, Guilty; or for the prisoner, Not guilty. A special verdict is that, whereby they say at large, that such a thing, and such, they find to be done by the Defendant, or Tenent, so declaring the course of the fact, as in their opinion it is proved: and for the quality of the fact, they pray the discretion of the Court. And this special verdict, if it contain any ample decla∣ration of the cause, from the beginning to the end, is also called a verdict at large. Whereof read divers examples in Stawnf. pl. cor. lib. 3. cap. 9. and one or two in Littleton, fol. 78. & 79. See the new book of Entries, verb. Verdict.

Verge, (virgata) may seem to come from the French (verger, i. viridarium, hortus.) It is used here in England for the compass a∣bout the Kings Court, that boundeth the ju∣risdiction of the Lord Steward of the Kings houshold, and of the Coroner of the Kings house, and that seemeth to have been twelve miles compass, anno 13 Richard. 2. Stat. prim. cap. 3. & Fitzh. nat. br. fol. 24. B. and Briton, fol. 68. b. 69. a. and Fletae, lib. 2. cap. 2. and Sir Edward Cooks Reports, lib. 4. fol. 47. a. For this see the Statute, anno 33 Hen. 8. cap. 12. toward the end. But Fleta saith, that this compass about the Court is called virgatä à virga, quam Marishalus portat ut signism suae potestatis, lib. 2. cap. 4. sect. prim. Verge hath also another signifi∣cation, and is used for a stick, or rod, where∣by one is admitted Tenent, and holding it in his hand sweareth fealty unto the Lord of a manor: who for that cause is called Tenent by the Verge. Old nat. br. fol. 17.

Vergers (virgatores) be such as cary white wands before the Iustices of either bank &c. Fleta, lib. 2. cap. 38. otherwise cal∣led Porters of the Verge.

Very Lord, and very Tenent (verus Domi∣nus, et verus Tenens) are they that be im∣mediate Lord and Tenent one to the other; Brook, titulo, Hariot, fol. 23. In the Old nat. br. and in the writ (Replegiari de averi∣is, fol. 42.) I find these words: And know ye that in taking of Leases, six things are necessa∣ry: that is to say, very Lord and very Tenent, Service behind, the day of the taking seisin of the services, and within his Fee. And know yee, that a man is not very tenent, un∣till he have atturned to the Lord by some ser∣vices. So that by Brook, the very Lord, and the very Tenent, must be immediate, and by this Book there must be an acknowledge∣ment. See anno 19 Hen. 7. cap. 15. See Tenent.

Vert (viride) is made of the French (verd, i. viridis) and significth with us in the laws of the Forest, every thing that doth grow, and bear green leaf, within the Forest, that may cover and hide a D••er. Manwood in the second part of his Forest laws, fol. 6. a. and fol. 33. b. with whom also Crompton agreeth, fol. 170. of his Iurisd. And vert (as the same Author saith, eodem, fol. 34.) is divided into Over vert, and Neather vert. Over vert is that which our Lawyers call (Hault bois) and Neather vert, is that which they call (South boil.) And of this you may read him in his second part of Forest laws, cap. 6. per to∣tum. Where you shall find, that he divideth vert into general, and special. General is, as it is above defined: Vert special, is every tree and bush within the Forest to feed the Deer withall: as Pear trees, Crab-trees, Hau∣thorns, Blackbush, and such like. And the reason of this name is, because the offence of destroying of such vert, is more highly puni∣shed than of any other, according to the

quantity thereof, codem, cap. 6. num. 2. fol. 35. a.

Vervise, otherwise called Plonkets, anno 1. R. 3. cap. 8. a kind of cloath.

Vesses, anno 1 R. 3. cap. 8. & anno 14, & 15 H. 8. cap. 11. otherwise called, Set cloaths.

Vesture (Vestura) is a French word sig∣nifying a garment: but in the use of our Common law, turned metaphorically to be∣token a possession, or an admittance to a pos∣session. So it is taken, Westm. 2. cap. 25. anno 13 Ed. prim. And in this signification is it borrowed from the Feudists, with whom (Investitura, signifieth a delivery of possessi∣on by a spear, or staff, and vestura possession it self. Hotomon, in verbis feudal. verbo In∣vestura.

Vesture of an acre of land, anno 14 Ed. prim, stat. prim. is the profit of it, & anno 13 Edw. 1. cap. 25.

VI

Vice-treasurer of the Exchequer, 1 Jacob. 26. See Under-treasurer of England. See Trea∣surer of the Exchequer.

View of frank pledge, (visus Franci plegii) is the office which the Sheriff in his County Court, or the Bayliffin his Hundred, perfor∣meth in looking to the Kings peace, and see∣ing that every Free-man be in some pledge. This is called of Bracton, lib. 2. cap. 5. nu. 7. in fine, Res quasi saora, quia solam per∣sonam Regis respicit, & quod introductus sit pro pace et communi utilitate, eodem, cap. 16. num. 8. in fine. See frankpledge, and Leet, and Dece••nier. See the new book of Entries, verb. view of frankpledge.

Veiours, visores) commeth of the French (Veoyer, i. cernere, intueri, despicere, prospi∣cere, videre) and signifieth in our Common law, those that are sent by the Court to take view of any place in question, for the better decision of the right. Old nat. br. fol. 112. So doth Bracton use it, lib. 5. tract. 3. cap. 8. per totum. It signifieth also those, that are sent to view such as essoin themselves de malo lecti, whether they be in truth so sick, as they cannot appear, or whether they counter∣feit. Bracton, lib. 5. tract. 2. cap. 10. et cap. 14. per ••totum. Lastly, it is used for those that are sent or appointed to view an offence, as a man murdered, or a Virgin ravished. See View.

Vicario deliberando occasione cujusdam Re∣coguitionis, &c. is a writ that lyeth for a spiritual person imprisoned upon forfeiture of a Recognisance, without the Kings writ, Reg. orig. fol. 147. See statuto mercatorio contra per∣sonam ecclesiasticam.

Viois et venellis mundandis, is a writ that ly∣eth for a Maior and Bayliffs of a Town, &c. For the clean keeping of their streets. Regist. orig. fol. 267. b.

View (visus) commeth of the French (veve, i. visus, aspectus, conspectus, prospectus) and signifieth with us the act of viewers. For (as the Author of the Terms of Law saith) when any action real is brought, and the Te∣nent knoweth not well what land it is, that the Defendent asketh, then he may pray the view: that is to say, that he may see the land which is claimed: of this Briton speaketh, ca. 45. This point of proceeding we have re∣ceived from the Normans, as it appeareth by the Grand customary, cap. 66. where you shall read to this effect. It is to be known, that there be divers sorts of views: one of a fee another of a man in sicknesse, another of an offence, as of a man slain, or a Virgin deflow∣red: all which he describeth in that place; and again, cap. 80, et 96. which are worth the reading: this view at this day is used in an Assise of rent service, rent charge, or rent seck. Fitzh. nat. br. fol. 178. D. and in a writ de Curia claudenda. Idem, fol. 128. B. In a writ of Nusance. Idem, fol. 183. L. N. O. In a writ Quo jure. Idem, fol. 128. L. In the writ de rationalibus divisis. Idem, fol. 129. D. And in the writ de secta ad molendinum. I∣dem, fol. 123. B. See the new book of En∣tries, verb. View, and see Fleta how this view is made, lib. 4. cap. 6. See Veiours.

Vicechamberlain, called underchamberlain, anno 13 R. 2. stat. 2. cap. 1. is a great Officer in Court next under the Lord Chamberlain, and in his absence hath the command and controlement of all Officers superior and in∣ferior whatsoever, appertaining to that part of his Majesties houshold, which is called the Chamber, wherein is included as well the Bed-chamber, as the Privy-chamber, the Presence, and the great Chamber, and all o∣ther Rooms, as Galleries, &c. thereto belong∣ing, with the Councell-chamber, Privy Clo∣set, &c. And in the Lord Chamberlains ab∣sence he keepeth his Table in the great Chamber, commanding and overseeing the attendance of all, to whom it appertainesh to be ready and waiting on his Majesty going to the Chapel, or to speak with Ambassadors, or else walking or riding forth.

Vicount, alias Viscount (vicecomes) com∣meth of the French (vicompte, i. Procomes) and signifieth with us as much as Sheriff. Be∣tween which two words I find no other diffe∣rence, but that the one commeth from our Conquerors the Normans, and the other

from our Ancustors the Saxons, wherefore see more of this in Shyreeve. Vicount also signifieth a degree of Nobility next unto an Earl, which (as M. Camden, Britan. pag. 70. saith) is an old name of office, but a new one of dignity, never heard of amongst us, untill Henry the sixth his daies. But this degree of honor is more antient far in other Coun∣tries. Casson in gloria mundi, parte 5. con∣sid. 55. whom you may read.

Vicountiel, is an Adjective made of Vicoun∣tie, and signifieth as much as belonging to the Vicount; as Writs Vicountial are such Writs as are triable in the County, or She∣riffs Court. Old nat. br. fol. 109. Of this kind you may see divers Writs of Nusance set down by Fitzherberi in his Nat. br. fol. 184. b. There be also certain ferms called Vicountiels, which the Sheriff for his time payeth a certain rent for to the King, and ma∣keth what profit he can of them. See the Statute, anno 33, & 34 H. 8. cap. 16. & an∣no 2, et 3 Ed. 6. cap. 4. and anno 4 H. quint. capite secund.

Vi laica removenda, is a writ that lyeth for the removing of forcible possession of a bene∣fice kept by lay men. And this writ is gran∣ted some time upon the Certificate of the Bi∣shop into the Chancery, that there is such a force in his Dioces: some time upon a sur∣mise made thereof by the Incumbent himself, without the Certificate of the Bishop, and hath a several form for either case. Fitzh. nat. br. fol. 54. Register origin. fol. 59. & 60.

Villanis Regis subtractis reducendis, is a writ that lyeth for the bringing back of the Kings bondmen, that have been carried a∣way by others out of his Manors, where∣to they belonged. Registor origin. folio 87. b.

Villein (villanus) commeth of the French (vilain, i. illiberalis, impurus, vilis, turpis) and signifieth in our Common law a bond∣man, or as much as Servus among the Ci∣vilians. Of these there be two sorts in Eng∣land, as Sir Thomas Smith saith in his Re∣pub. Anglo. lib. 3. cap. 8. one termed a vil∣lein in grosse, which is immediately bound to the persons of his Lord and his heirs, the o∣ther a villein regardant to a Manor, whom the Civilians term (glebae aseriptitium) being bound to their Lord, as members belonging and annexed to such a manor, whereof the Lord is owner. This division is affirmed by divers places of our Common law Writers: as in the Old nat. br. fol. 8. You have these words, Know ye that a woman shall be in. dowed with a villein in grosse, &c. and again fol. 39. If a man do menace or threaten any villeins, which are regardant to a manor, &c. Bracton hath another division of vil∣leins, which is all one with the Civilians. For in his first book, cap. 6. num. 4. he saith thus: Scrvi autem nascuntur aut fiunt: and then thus goeth forward: nascuntur ex nativo et nativa alicujus copulatis vel solutis, sive sub po∣testate Domini constituti sint, sive extra pote∣statem. Item nascitur servus qui ex nativa soluta generatur, quamvis ex prate libero: quia sequitur conditionem matris quasi vulgo conceptus, &c. And after divers things deli∣vered of this sort, he saith again thus: Fiunt etiam servi liberi homines captivitate de jure Gentium, &c. Fit etiam servus liber homo per confessionem in Curia Regis factam: ut cum liber homo sit in Curia Regis, et se cognoscat ad villanum. Item liber homo fit servus, si cum semel manumissus fuerit ob ingratitudinem in ••ervitutem revocetur. Item fit liber homo ser∣vus cum ab initio clericus vel monachus factus fuerit, postea ad secularem vitam redierit. Quia talis restituti debet Domino suo. v. Tiraquel∣lum de Nobilitate. cap. 2. pag. 14. num. 54. In very many Provinces of France there be cer∣tain men called homines manus mortuae, qui tanta juris similitudine adscriptitiis colonis con∣juncti, & prope iidem videntur. Non au∣tem servi sunt omnino, sed in territorio domini sunt, tanquam alligati, non habentes demigran∣di potestatem. Itaque servi corporis & pro∣secuti nis vulgò dicuntur, quod si fugerint, votest eos prosequi dominus & capere. Tributum autem isti & nonnullas commoditates d••mino praestant: in quibus haec maxima, quod ipsie vi∣ta functis sine sobole, succedit dominus vel ex toto vel ex parts. Connanus, lib. 2. cap. 10. num. 3. whose words I thought not unfit for this place, because they express the nature of our villanage something aptly.

Villein fleeces, anno 31 Ed. 3. cap. 8. are fleeces of Wooli that are shorn from scabbed Sheep.

Vidimus, anno 15 H. 6. ca. 3.

Villenage (Villenagium) commeth of (vil∣lein) and signifieth a servile kind of tenure belonging to lands or tenements; that is, a tenure of lands or tenements, by such a ser∣vice, as villeins are fitted to perform. For every one that holdeth in villenage, is not a villein, or a bond man. Villenagium vel servitium nihil detrahit libertatis, habita ta∣men distinctione, utrum ••ales sint villans, & tenuerint in villano soccagi•• de dominico Do∣mini Regis. Bracton, lib. prim. cap. 6. num. prim. Briton in his 66 chapter speaketh to

this effect: Villenage is a tenure of the de∣mesns of a Lord delivered to a Tenent at the Lords will, by villenous services, to improve it to the Lords use, and delivered by the Rod, and not by any Title of Writing, or succession of Inheritance, &c. And a little after he hath words to this effect: In the Manors of our Antient Demesns, there be pure villeins both by blood and tenure: the which may be cast out of their tenement, and deprived of their chatels, at the pleasure of the Lord. By which two places I gather, though villein tennre do not alway make the Tenent a vil∣lein: yet that there is a two fold tenure called villenage: one wherein both the person and the tenure is bound, and in all respects at the disposicion of the Lord: and another which in respect of the tenure, is after a sort servile, though the person be not bond. This is well proved by Bracton, lib. 2. cap. 8. num. 3. in these words: Item tenementum non muta•• statum liberi, non magis quam ser∣vi: poterit enim liber homo tenere purum vil∣lenagium, faciendo quicquid ad villanum per∣cinebit, & nihilo-minus liber erit, cum hoc fa∣ciat ratione villenagii, et non personae suae: et ideo poterit, quande voluerit, villenagium de∣serere, et liber discedere, nisi illaqueatus sit per uxorem nativam ad hoc faciendum, ad quam ingressus fuit in villenagium, et quae praestare poterit impedimentum, &c. So that a man may hold in pure villenage, and yet be a free man in respect of his person. But what is pure villenage? Bracton answereth in the words there next following: Purum villena∣gium est, à quo praestatur servitium incertum et indeterminatum, ubi sciri non poterit vespe∣re, quale servitium fieri debet mane; viz. ubi quis facere tenetur quicquid ei praeceptum fue∣••it. The other sort of villenage which is not pure, is there called of Bracton (villanum soccagium) which differeth from the other in this, because it is only tyed to the perfor∣mance of certain services agreed upon be∣tween the Lord and the Tenent. Whereof see Bracton also in the same place: by whom you may perceive, that a man may hold (per villanum soccagium) and yet have (liberum tenementum) if he have it to himself and his heirs. This villanous soccage is to carry the Lords dung into his Fields, to plow his Ground at certain dayes, sow and reap his Corn, plash his Hedges, &c. See Soccage.

Villanous judgement (Villanum judicium) is that which casteth the reproach of villeny & shame upon him against whom it is given, as a Conspirator, &c. Stawnf. pl. cor. l. 3. c. 12. f. 175. This M. Lamb. in his Eirenarchà, li. 1. ca. 13. pag. 63. calleth villenous punishment, and saith that it may be well called infamous, be∣cause the judgement in such a case shall be like the antient judgement in Attaint (as it is said anno 4 H. 5. Fitzh. Judgement, 220.) and is (in 27. lib. Assis. pl. 59) set down to be, that their Oaths shall not be of any cre∣dit afterward, nor lawfull for them in person to approach the Kings Courts: and that their lands and goods be seised into the Kings hands, their trees rooted up, and their bodies imprisoned, &c. And at this day the punishment appointed for perjury, (having somewhat more in it than corporal or pe∣cuniary pain) stretching to the discrediting of the testimony of the Offender from ever after, may be partaker of this name. Thus far M. Lamberd.

Virgata terrae. Reg. orig. fol. 167. a. See Yard land.

Viridario eligendo, is a writ that lyeth for the choise of a Verdour in the Forest, Regist, origin. fol. 177.

Visitation of maners (Visitatio morum) was wont to be the name of the Regarders Office in antient time, Manwood, parte pri. of his Forest laws, pag. 195. See Regarder.

Visne (Vicinetum) signifieth a neighbour place, or a place neer at hand, an. 16 R. 2. c.

Vis•• Franciplegii, is a writ to exempt him from comming to the view of Frankpledge, that is not within the Hundred resident. For men are bound unto this view by reason of their habitation, and not of Lands held where they dwell not, Regist. orig. fol. 175.

Vitteler (victualarius) commeth of the French (victuailes, i. commeatus) and signi∣fieth with us, him that selleth victuals. For these there is a writ in Fitzherbert, nat. brev. fol. 172. if they exercise their trade, bearing a magistracy in any Town Corporate.

VM

Vmple, anno 3 Edw. 4. cap. 5.

VN

Vncore prist, is a plee for the Defendant, be∣ing sued for a debt due at a day past, to save the forfeiture of his bond; saying, that he ten∣dred the debt at the time and place; and that there was none to receive it, and that he is now also ready to pay the same. 7 Ed. 6. 83. Dyer. See Unquest prist.

Vncuth, is a Saxon word, signifying as much as (incognitus) It is used in the antient Sax∣on laws, for him that commeth to an Inne guest-wise, and lyeth there for two nights at the most. In which case his Host was not bound to answer for any offence, that he com∣mitted, whereof he was guiltlesse himself. But if he laid there the third night, then he was called (guest, hospes) and then must the

Host answer for him, as for one of his own family. And if he tarried any longer, then was he called Agen hine, that is to say, fa∣miliaris. Whom, if he offend against the Kings peace, his Host was to see forth-com∣ming: or if he could not bring him out within a month and a day, he must satisfie for his offence. Lamb. Archaiono, fol. 133. num. 7. Of this Bracton, lib. 3. cap. 10. num. 2. writeth thus: Item secundum antiquam consuetudinem dici poterit de familia alicujus, qui hospitus fu••rit cum alio per tres noctes: quia primâ nocte poterit dici Vncuth, secundâ verò Gust, tertiâ nocte Hoghenhine, &c. This law was made for the better preservation of the Kings peace, and to shew in what pledge e∣very man was to be accounted, that travelled by the way. See Tuainnithes gest.

Vnite nihil habet is a writ. See Dote unde ni∣hil habet.

Vnder-chamberlain of the Exchequer, is an Officer there, that cleaveth the Tallies, written by the Clerk of the Tallies, and readeth the same, that the Clerk of the Pel, and the Controllers thereof may see their Entries be true. He also maketh sear∣ches for all Records in the Treasury. There be two Officers there of this name.

Vnderescheatour. Subescheatour, anno 5 Ed. 3. cap. 4. See Escheatour.

Vndershyreeve (Subvicecomes) See Shy∣reeve.

Vndersitter, is an Inmate. See Inmate.

Vndertakers, be such as are employed by Purveyours of the King as their Deputies, anno 2, & 3 Phil. & Ma. cap. 6. and such as undertake any great work, as drying of Fens, &c. anno 43 Eliz. cap. 11,

Vnder••treasurer of England, (vicethesau∣rarius Angliae) anno 39 Eliz. cap. 7. & an∣no 43 ejusdem. Subsidy of the Clergy. This Officer (as some Exchequer men think) was first created in the time of King Henry the se∣venth, to chest up the Kings Treasure at the end of every Term, and to note the content of mony in each chest, and to see it carried to the Kings Treasury in the Tower, for the ease of the Lord Treasurer, as being a thing too mean for him to be troubled with, and yet meet to be performed by a man of great secrecy and trust. He in the va∣cancy of of the Lord Treasurers Office, doth all things in the receipt, that the Lord Treasurer doth. He nominateth the two Praysers of all goods seised as not custom∣ed, and ordereth, whether the party shall have them at the price or not. He appoint∣eth the Steward, Cook, and Butler for the provision of the Star-chamber. But this Of∣ficer in other mens judgement, is far more antient than Henry the sevenths dayes, yet named Treasurer of the Exchequer in the Sta∣tutes, untill Queen Elizabeths time, where he is termed Under-treasurer of England. Neverthelesse, anno 35 Eliz. he is also writ∣ten Treasurer of the Exchequer. Read the Statutes, anno 8 Ed. 3. statut. 2. cap. 17. & 27 ejusdem, Stat. 2. cap. 18. 1 Rich. 2. cap. 5. 4 H. 4. cap. 18. 8 H. 6. cap. 17. 27 H. 8. cap. 11. with divers other places, that seem to approve this to be true.

Vnion (unio) is a combining or consolida∣ting of two Churches in one, which is done by the consent of the Bishop, the Patron, and the Incumbent. And this is properly called an union. Howbeit, that there be two other sorts: as when one Church is made sub∣ject to the other, and when one man is made Prelate of both, and when a Conventual is made Cathedral, as you may read in the Glosse of the Chapter, Licet de licato & con∣ducto, in Lyndwoods Provincials. Sect. E••quia, versu Appropriationis. Touching Union in the first signification there was a statute, anno 37 Hen. 8. cap. 21. that it should be law∣full in two Churches, whereof the value of the one is not above six pounds in the Kings books of the First fruits, and not above one mile distant from the other. Union in this signification is personal, and that is for the life of the Incumbent: or real, that is, perpe∣tual, whosoever be Incumbent.

Vnity of possession, is called consolidatio u∣sus fructus, & proprietatis, in the Civil law, signifying a joynt possession of two rights by several titles. For example, I take a lease of land from one upon a certain rent: after∣ward I buy the Fee-simple. This is an unity of possession, whereby the Lease is extinguish∣ed: by reason that I, which had before the occupation only for my rent, and become Lord of the same, and am to pay my rent to none, but my self. Also an Abbot being seat∣ed within a certain Parish, afterward obtain∣eth an appropriation of the Tithes belonging to that Church, for the use of his house. Here is an unity of possession, by reason that the tythes, which before were to be payd to the Incumbent, are now to be paid to none but himself, by vertue of the appropri∣ation.

Vniversity (Vniversitas) is by the Civil law any body politick, or corporation: but in our language it is (at the least most ordina∣rily) taken for those two bodies, that are the Nourses of learning, and the liberal Sciences,

Cambridge and Oxford: endowed with great favours, and privileges, for their better main∣tenance, as appeareth not only by anno 2, & 3 Ph. et Mar. cap. 15. a. 13 El. c. 21. et a. 18. ejusd. cap. 6. but much more by their se∣veral Charters, granted unto them by di∣vers godly and magnanimous Kings of this land.

Vnlawfull assembly (Illicita congregatio, illicita assemblata) is the meeting of three or more persons together, with force to com∣mit some unlawfull act, and abiding still, not endeavouring the execution thereof, as to as∣sault or beat any person, to enter into his house or land, &c. West. parte 2. symb. titulo, Inditemenes; sect. 65. M. Lam∣berd in his Eirenarcha, cap. 19. saith thus: An unlawfull assembly is the company of three persons or more, gathered together to do such an unlawfull act, although they do it not indeed. So saith Kitchin in effect, fol. 20.

Vnques prist, is (word for word) alwaies ready. And it signifieth a plee, whereby a man professeth himself alway ready to do or perform that, which the Demandant requi∣reth, thereby to avoid charges. For example, a woman sueth the tenent for her dower: and he comming in at the first day, offereth to a∣ver, that he was alway ready, and still is, to perform it. In this case except the Deman∣dant will aver the contrary, he shall recover no dammages. When this Plee will serve to avoid charges, and when not, see Kitchin fol. 243. See Vncore prist.

VO

Voidance (vacatio) is a want of an Incum. bent upon a benefice: and this voidance is double: either in Law, as when a man hath more benefices incompetible: or indeed, as when the Incumbent is dead, or actual∣ly deprived, Brook, titulo Quare impedit. n. 51.

Voucher (Advocatio) is a calling in of one into the Court at the petition of a party that hopeth to be helped thereby. New book of Entries, verbo Voucher. Voucher de garrantie, Brit. cap. 75. In Latin (Advocatio ad war∣rantizandum) is a Petition in Court made by the Defendant to have him called, of whom he or his Ancestor bought the Land or Tene∣ment in question, and received warranty for the secure injoying thereof against all men. Briton of this writeth a long chapter, ubi su∣pra, intituling it Garant voucher. But Bra∣cton writeth a large tractate of it, lib. 5. tra∣ctat. 4. per totum. Litleton also handleth it not mincingly, in the last chapter of all his Te∣nures. Of this you may read Fitzh. also in his nat. br. fol. 134. De warrantia chartae. All this law seemeth to have been brought in∣to England out of Normandy. For in the Grand Customaty you have likewise a Chap∣ter intituled (vouchment de garant, cap. 50. id est, vocamentum Garanti) where it is set down, what time ought to be given, for the ap∣pearance of the warrant called in this case, how many warrants may be vouched, one cal∣ling in another, and divers other points touch∣ing this doctrine. All which, and many more, you may read in Bracton, ubisupra. A com∣mon voucher, a double voucher. Cook lib. 2. Sir Hugh Cholmleis case, fol. 50. b. This is very answerable to the Contract in the Civil law, whereby the Buyer bindeth the Seller, sometime in the simple value of the thing bought, sometime in the double, to warrant the secure enjoying of the thing bought. But this difference I find between the Civil law and ours, that whereas the Civil law bindeth every man to warrant the security of that which he selleth, ours doth not so, except it be especially covenanted. The party that voucheth in this case, is called the Tenent, the party vouched is termed the Voucher. The writ whereby he is called, is termed Summo∣neas ad warrantizandum. And if the Sheriff return upon that Writ, that the party hath nothing, whereby he may be summoned: then goeth out another Writ, viz. Sequatur sub suo pericnlo. See Terms of the law, verbo Voucher. And Lamb. in his explication of Saxon words, verbo Advocare. See War∣ranty. I read in the new book of Entries, of a forein voucher, which hath place properly in some Franchise, County Palatine, or o∣ther, where one voucheth to warranty one not dwelling within the Franchise, fol. 615. columma 1. whereupon because the Foreiner need not be tryed in that Court, the record and cause is removed to the common plees, &c. See of this Fitzh. nat. br. fol. 6. E.

VS

Vser de action, is the pursuing or bringing of an action, which in what place and Coun∣ty it ought to be, See Brook, titulo Lieu & County, fol. 64.

Vse (usus) is in the original significati∣on plain enough: but it hath a proper appli∣cation in our Common law, and that is the profit or benefit of lands or tenements. And out of M. Wests first part of his symbol. lib. pri. sect. 48, 49, 50, 51, and 52. I gather shortly thus much for this purpose. Every deed in writing hath to be considered the substance, and the adjuncts. Touching the substance, a deed doth consist of two princi∣pal parts, namely, the premises and the conse∣quents. The premises is the former part there∣of,

and is commonly said to be all that, which precedeth the (Habendum) or limitation of the estate, which be the persons contracting, and the things contracted. The consequent is that which followeth the premises, and that is the (Habendum.) In which are two limi∣tations: the one of the estate, or property, that the party passive shall receive by the deed; the other of the use, which is to express in the said (Habendum) to or for what use, and benefit he shall have the same estate. And of the limitation of those uses, you may read many presidents set down by the same Au∣thor in his second book of his said first part, sect. 308. and so forth to 327. These uses were invenced upon the Statute called West. 3. or Quia emptores terrarum, before the which Statute no uses were known. Perkins, Devi∣ses, 528. And because mens wits, had in time devised many deceits, by the setling of the possession in one man, and the use in a∣nother, there was a Statute made, anno 27 H. 8. cap. 1. whereby it was inacted, that the use and possession of lands and possessions should alway stand united. New Expositor of law terms, verbo Vse. v. Cook, lib. 1. Chud∣leise case, fol. 121. & seq.

Vsher (Ostiarius) commeth of the French (Huissier, i. Accensus, Apparitor, Ianitor.) It signifieth with us, first an Officer in the Eschequer: of which sort there be four or∣dinary Ushers that attend the chief Officers and Barons of the Court at Westminster, and Juries, Sheriffs, and all other Accountants at the pleasure of the Court. There be also Ushers in the Kings house, as of the Privy Chamber, &c.

VT

Vtas (Octavae) is the eighth day following any term or feast: as the utas of Saint Mi∣chael, the utas of Saint Hilary, the utas of Saint Martin, of Saint John Baeptist, of the Trinity, &c. as you may read, anno 51 H. 3. stat. concerning general daies in the Bench. And any day between the feast and the eighth day, is said to be within the utas. The use o•• this is in the return of Writs, as appear∣eth by the same Statute.

Vtfangthef, is an antient Royalty granted to a Lord of a Manor, by the King, which giveth him the punishment of a thief dwelling out of his Liberty, and having committed theft without the same, if he be taken with∣in his fee. Bracton, lib. 2. cap. 24. who in his third Book, tractat. 2. cap. 35. seemeth ra∣ther to interpret the word, than to express the effect, and saith thus: Vifangthef dicitur extraneus latro, veniens aliunde de terra aliena, & qui captus fuit in terra ipsius, qui tales habet libertates. It seemeth to be compounded of these three words; Vi, fang, thef: which in our modern English be, out, take or taken, Thief. Of this Fleta hath these words: Vifangenthef dici∣tur latro extraneus veniens aliunde de ••erra aliena, & qui captus fucrit in terra ipsius qui tales habet libertates. Sed non sequitur quod possit ille hominem suum proprium extra libertatem su••m captum reducere us{que} in liber∣tatem, et ibi cum judicare: reducere tamen po∣terit judicatum, et judicium in proprio patibulo exequi ratione libertatis: commodum tamen non video. Debet enim quilibet juri subjacere, ubi deliquit: proprios tamen latrones et alienos judicare possunt, dum tamen infra libertatem fuerint capti, &c.

Vtlaghe, significat bannitum extra legem, Fleta lib. 1. cap. 47. See Vtlawrie.

Vtlagatio capiendo quando utlagatur in uno comitatu, et postea fugit in alium, is a writ, the nature whereof is sufficiently expressed in the words set down for the name thereof. See the Register original, fol. 133.

Vtlawrie (utlagaria, aliâs utlagatio) is a punishment for such as being called into law, and lawfully sought, do contemptuously re∣fuse to appear. And as Bracton saith, lib. 3. tract. 2. cap. 11. He that is sued must be sought, and called at 5 Counties, a month being between every County, to answer to the law. And if he come not within that time, pro ex∣lege tenebitur cum principi non obediat, nec legi: et ex tunc utlagabitur, that is, (as the Author of the Terms of Law saith) he shall be pronounced by the Coroner, to be out of the Kings protection, and deprived of the benefit of the Law. The effect of this is di∣vers, (as the same Author saith) for if he be out-lawed in an action personal, (he mean∣eth) at the sute of another in a civil cause, he shall forfeit all his goods and cattels to the King: if upon felony, then he shall forfeit all his Lands and Tenements, that he hath in fee-simple, or for term of his life, and his goods and cattels, Bracton, ubi supra. xum. 5. saith, that such as be outlawed upon Felony, Ex tunc gerunt caput lupinum, ita quod sine judiciali inquisitione ritè pereant, et secum su∣um judicium portent, et meritò sine lege pere∣unt, qui secundum legem vivere recusarunt. Et haec ita, si cùm capiendi fuerint, fugiant, vel se defendant, si autem vivi capti fuerint, vel se reddiderint, vita illorum et mors erit et ma∣nu Domini Regis. See Horns miror of Justi¦ces, lib. 3. cap. des fautes punishables. Bracton saith in the place above specified (with whom also Fleta agreeth, lib. 1. cap. 27.) that a

Minor or a woman cannot be out-lawed. But take his own words: Minor vero, & qui in∣fra aetatem 12. annorum fuerit, utlagari non potest, nec extra legem poni, quia ante talem aetatem non est sub lege aliqua, nec in Decenna, non magis quàm foemina, quae utlagari non po∣test, quia ipsa non est sub lege. i. Inlangh, Anglice, sc. in franco plegio, sive decenna: sicut masculus, 12. annorum & ulteriùs. Et ideo non potest utlagari. Waiviari tamen bene po∣test, & pro derelicta haberi, cum pro felonia aliqua fugam fecerit sine ceperit. Est enim waivium, quod nullus advocat, nec princeps eum advocabit, nec tuebitur, cum fuerit rite Waiviata: sicut fit de masculo, qui secundum legem terrae ritè fuerit utlagatus, &c. To the same effect writeth Fitzherbert in his Natura brev. fol. 161. viz. And because women be not sworn in Leets to the King, as men be of the age of twelve years or upward: it is said, when a woman is out-lawed, that she is waived, but not out-lawed, for she was never under the law, nor sworn unto it. More of this you may read in Bracton lib. 3. tractat. 2. cap. 12, & 13. and then in the 14. how an out-law is in-lawed again, and restored to the Kings peace and protection. See also Fleta, lib. 1. cap. 28. per totum.

Vtrum. See Assise.

Vtter Baristers be such, as for their long study, and great industry bestowed upon the knowledge of the Common law, be called out of their contemplation to practise, and in the face of the world, to take upon them the protection and defence of the Clyents. These are in other Countries called (Licenti∣ati in jure.) Howbeit, in modesty they still continue themselves hearers for divers years, like the Scholars of Pythagoras, that for the first five years never adventured to reason or discourse openly upon any point of their Ma∣sters Doctrine, which their silence (à cohi∣hibendo sermone) was termed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as Suidas and Zenodorus do report.

Vtlepe significat escapium latronum, Fleta, lib. 1. ca. 47.

W

WA

VVAge (vadiare) proceedeth of the French (Gager, i. dare pignus, pigno∣re, certare) and signifieth in our Common law, the giving of security for the performing of any thing: as to wage law, and to wage deliverance; which see before in Gage. None wageth law against the King, Brook, titulo Chose in action, num. 9. The substantive of this verb is (Wager) in the Latin (vadium) which some Feudists call (wadium) as testi∣fieth Hotoman in his Commentaries de verbis feudalibus, verbo Wadium. See Law.

Wainage (wanagium, aliâs wannagium) signifieth as much as peculium servorum, of the Saxon word wonen, i. habitare, & woening, i. habitatio. See Gamage.

Waive (waiviare) (Regist. orig. fol. 277. a.) is to forsake (habere pro derelicto) as the Civilians term it. Waiviare feudum suum. Bracton, lib. 2. cap. 7. that is, to forsake. Many of the Kings liege people to be out-lawed, and many waived by erroneous proces, anno 7 H. 4. cap. 13. See Vtlawry. To waive the com∣pany of Theeves, Stawnf. pl. cor. fol. 26. To waive his benefit, Idem, fol. 46. To waive the advantage, Idem praerog. fol. 17. Persons attainted or waived, West. parte 2. symbol. tit. Fines, Sect. 13. D. This word waived waiviata properly belongeth to a woman, that being sued in the Law, contemptuously refuseth to appear, as out-lawed doth to a man, Regist. orig. fol. 132. b. & 277. a. The reason whereof see in Fitz. nat. br. fol. 161. A. See Weif.

Wales (Wallia) is a part of England, on the West side, inhabited by the off-spring of the antient Britons chased thither by the Sax∣ons, being called hither by them, to assist them against the might of the Picts. The reason of the appellation, commeth from the Saxon (Wealh, i. exterus, vel peregrinus) for so the Saxons both called them, and held them; though now, to the great quiet of this Kingdome they be incorporated unto us. See M. Lamberds explication of Saxon words, verbo Wallus.

Walkers, seem to be those that are other∣wise called Foresters. Crompton in his Ju∣risdictions, fol. 145. hath these words in ef∣fect: There be Foresters assigned by the King, which be walkers within a certain space assigned them to look unto.

Waiviaria mulieris, is as much as utlagatio viri, Regist. orig. fol. 132. b. See Waive.

Wapentake (Wapentakium) is all one with that, which we call a Hundred, as appeareth by Bracton, lib. 3. tract. 2. cap. pri. nu. pri. in fine. Cenvocentur (saith he) postmodum ser∣vientes & Balivi Hundredorum, & per ordi∣nem irrotulentur Hundrederii sive Wapentakia et nomina servientium, quorum quilibet affi∣dabit quod de quolibet Hundredo elig ••t quatuer milites, qui statim veniant coram Justiciariis ad faciendum praeceptum Domini Regis, et qui statim jurabunt, quòd eligent duodecim mili∣tes,

vel liberos & legales homines, si milites non inveniantur, &c. M. Lamberd in his ex∣plication of Saxon words, verbo Centuria, is of the same mind: and farther saith, that this word is especially used at this day in the Countries be North the river Trent. And in the laws of King Edward, set forth by him, num. 33. it is most plain in these words: Et quod Angli vocant Hundredum, supradicti co∣mitatus vocant wapentakium. But there he na∣meth some Shires on this side Trent: as Warwick-shire, Leicester-shire, and Northamp∣ton shire. In the words there following, there is a reason given of this appellation in these words: Et non sine causa: Cum quis enim accipiebat praefecturam wapentakii, die statuto in loco ubi consueverant congregari, omnes majores contra cum conveniebant, & de∣scendente de equosuo, omnes assurgebant ei. Ipse vero, erecta lancea sua, ab omnibus secun∣dum morem soedus accipiebat. Omnes enim quoiqust venissent, cum lanceis suis ipsius ha∣stam tangebant, & ita confirmabunt per con∣tractum ••rmorum, pace palam concessa. Angli∣cè enim arma vocantur (waepun) & taccare confirmare: quasi armerum confirmatio. Vel ut magis expressè secnndum linguam anglica∣nam ••icamus, wapentak armorum tactus est (waepun) enim arma sonant (tac) tactus est. Quomokrem poterit cognosci, quòd hac de cau∣sa, totus ille conventus dicitur (wapentak) cò quòd per tactum armorum suorum ad invicem confoederati sunt. Thus far the book goeth word for word. With whom Fleta agree∣eth, saving that Fleta saith, that this word is used in all Counties be North Watlinstreet, li. 2. ca. 61. ••. universimode. Take Sir Tho∣mas Smiths opinion also: whose words, in his second book de Rep. Anglo. ca. 16. be these: Wapentak, I suppose, came of the Danes, or peradventure of the Saxons. For that so many Towns came by their order then into one place, where was taken a muster of their armour and weapons: in which place, from them that could not find sufficient pledges for their good abearing, their weapons were taken away. The Statute, anno 3 Henrici 5. cap. 2. & anno 9 H. 6. cap. 10. & anno 15 Hen. 6. cap. 7. To maketh mention of Stain∣ctife Wapentake, and Frendles Wapentake, in Craven in the county of York. See Roger Hove∣den, parte poster. suorum annalium, fol. 346. b.

Wards and Liverus (wardi & liberaturae) is a Court first erected in King Henry the eighth his time, and afterward augmented by him with the Office of Liveries, and there∣fore called by him (as now it is) the Court of Wards and Liveries. The chief of this Court is called the Master of the Court, &c. To whom are joyned the Surveiour, Attorny, and Receiver of the said Court, as his Assistants: then as Ministers, the Register, two inferiour Attorneys or Clerks, and a Messenger.

Ward (Custodia) is the German word, as (Garde) is the French. Both these be used among our common Lawyers: the one by those that write in French, the other by those that write in English. Wherefore for your farther understanding, see Gard, and Gardein. Yet is Gard sometime used in the English books also: as yeomen of the Gard. And also the keeper of one in his minority, is not called a warden but a Gardein or Gardi∣an. Ward hath divers applications, as a Ward in London, latined (warda) which is a portion of the City committed to the especial charge of some one of the four and twenty Aldermen of the City, in such sort as every one knoweth his certain ward assigned unto him, and hath dwelling within the same com∣pass some one grave Citizen for the good government thereof: who is in that respect a Deputy to the said Alderman, and commonly called the Aldermans Deputy. Of these there be five and twenty within the City, and one without, beside other Liberties and the Sub∣urbs. Stows Survey of London. Also a Fo∣rest is divided into wards: Manwood, parte prim. of his Forest laws, pag. 97. Lastly, a Prison is otherwise called a Ward. And the heir of the Kings tenent, holding by Knights service, or in capite, or of any common per∣son by Knights service, is called Ward, du∣ring his nonage. See an. 32 Hen. 8. cap. 46.

Warden (Gardianus) signifieth all one thing with the French (Gardein) And therefore of this see more in Gardien. But it is the more usual word of all that write in English, for him that hath the keeping or charge of any person or thing by Office: as Wardens of Fellowships in London, anno 14 Hen. 8. cap. 2. Warden courts, anno 31 H. 6. cap. 3. War∣den of the Marches, an. 4 Hen. 7. cap. 8. Wardens and Communality of the lands con∣tributory unto Rochester bridge, anno 18 Eli∣zab. cap. 7. Wardens of peace, anno 2 Ed. 3. cap. 3. Statute Northampton. Warden of the West Marches, Cambd. Brit. pag. 606. Warden of the Forest, Manwood, parte pri. pag. 111, et 112. Warden of the Aulnage, an. 18 Hen. 6. cap. 16. Chief Warden of the Fo∣rest, Manwood, parte pri. pag. 42, et 43. War∣den of the Kings Wardrope, anno 51 H. 3. statut. quinto. Wardens of the tables of the Kings Exchange, anno 9 Edw. 3. statut. 2. cap. 7. et anno 9 Hen. 5. stat. 2. cap. 4. War∣dens

of the Rolls of the Chancery, anno 1 Edw. 4. cap. 1. & cap. 5. Warden or Clerk of the Hamper of the Chancery. Ibid. VVar∣den of the Kings writs, and Records of his Common bench, ibid: VVarden of the Kings armour in the Tower, anno 1 Ed. 4. cap. 1.

Wardmote, is a Court kept in every ward in London, an. 32 H. 8. ca. 17. ordinarily called among them, the Wardmote-Court.

Wardpeny, is mony to be contributed to∣ward watch and ward.

Waranty (warantia) commeth of the French (garantie) or (garant, i. vindex litis) which is a word of great antiquity with the French men, being brought first thither by the Francogalli. And thence do they make a Latinish verb, viz. (guarentare) vel, ut est in aliis libris, guarentisare, i. causam alterius susc••pere, se defensorem profiteri. The Feudists also use this word (guarentus) quo significa∣tur is, qui Latinis author dieitur, & evictio∣nem praestat. lib. 2. Feud. titulo 34. §. 2. The Civilians have a stipulation (habere licere) whereby is signified a power of perpetual and quiet possession to be given, lib. 11. §. final. π. de action empt. & vend. But this reacheth not so far as our warranty. For the Seller hereby is bound but to a kind of diligence and care to maintain the Buyer in his posses∣sion. For if he be evicted, the Buyer is not tyed to recompence. Dectores in l. stipu∣latio ista Habere licere. π de verb. obliga. VVarranty signifieth in our Common law, a promise made in a deed by one man unto another, for himself and his heirs, to secure him and his Heirs against all men, for the enjoying of any thing agreed of between them. And he that maketh this warranty, is called Warrantus by Bracton, lib. 2. cap. 19, & 37. The Romans called him Auctorem, as Hotoman testifieth in his Commentarie upon Tullies oration pro Aulo Caecinna, ver∣bo Cesennius author fundi, whom you may read more at large. And that which we term vocationem warranti, the Civilians call authoris laudationem vel nominationem. Eimer pract. cap. 48. This warranty passeth from the seller to the buyer, from the feoffor to the feoffee, from him that releaseth to him that is released from an action real, and such like. And for the form it passeth in a clause toward the end of a deed in these words: Et ego verò praefatus 1, & haeredes mei praedictas decem a∣cras terrae cum pertinentiis suis praefato H. hae∣redibus, & assignatis suis contra omnes gentes warrantizabimus in perperuum per praesentes. West. parte pri. symbol. li. 2. titulo Feofments, sect. 28••, et 288. So a release may be with clause of warranty. Idem, eodem, titulo Relea∣ses, sect. 410.

There is also a warrant of Attorney, where∣by a man appointeth another to do some∣thing in his name, and warranteth his action, West. eod. sect. 181. And these VVarrants of Attorney seem to differ from letters of At∣torney, because that whereas Letters pass ordinarily under the hand and seal of him that maketh an Attorney by them, before any credible witnesses: warrants of Attorney be acknowledged before such persons, by such means and in such manner, as Fines, West. parte 2. symbol. titulo Recoveries, sect. prim. F. See Attorney.

But these warranties in passing land from one to another, be of greatest consequent, and of more intricate understanding. And therefore of these, divers have written at large, as Glanvile, lib. 3. per totum. Bracton, lib. 5. tractat. 4. per totum. Briton, cap. 105. Littleton in the last Chapter of his tenures: the form and effect whereof Bracton in his second book, cap. 16. num. 10. declareth thus: Et ego & haeredes mei warrantizabimus tali & haeredibus suis tantùm, vel tali & haeredibus & assignatis, & haeredibus assignatorum, vel assignatis assignatorum, et eorum haeredibus, et acquietabimus, et defendemus eis totam ter∣ram illam cum pertinentiis (secundum quod praedictum est) contra omnes gentes in perpe∣tuum, per praedictum servitium. Per hoc au∣tem quod dicit (Ego et haeredes mei) obligat se et haeredes suos ad warrantiam, propinquos et remotos, praesentes et futuros ei succedentes in infinitum. Per hoc autem quòd dicit (war∣rantizabimus) sucipit in se obligationem ad defendendum suum Tenementum in possessione rei datae, et assignatos suos et eorum haeredes, et omnes alios, secundum quod supradictum est, si fortè tenementùm datum petatur ab antiquo in Dominico. Per hoc autem quòd dicit (acquie∣tabimus) obligat se et haeredes suos ad acquie∣tabimus) obligat se et haeredes suos ad acquie∣tandum, si quis plus petierit servitii, vel aliud servitium, quam in charta donationis contine∣tur. Per hoc autem quòd dicit (Defendemus) obligat se et haeredes ad Defendendum, si quis velit servitutem ponere reidatae contra formam suae donationi••, &c. But the new Expounder of law terms saith, That this warranty begin∣neth two wayes: one by deed of Law: as if one and his Ancestors have held land of ano∣ther and his Ancestors, time out of mind by homage (which is called Homage auncestrel) for in this case, the homage continually per∣formed by the tenent is sufficient to bind the Lord to warrant his estate. The other is by deed of the party, which by deed or fine t••y

eth himself to warrant the land or tenement to the tenent. And Sir Edward Cook in the fourth book of his Reports, mentioneth the same distinction, Nokes case, fol. 81. a. cal∣ling the one a warranty in law, the other an expresse warranty. Civilians would call these species tacitam et expressam.

Warranty (as the said Author of the terms of law saith) is in 2 manners: warranty lineal, & warranty collateral. But (Litleton saith ubi supra) it is threefold: warranty lineal, warranty collateral, and warranty that beginneth by dis∣seisin. Warranty by disseisin what it is, is part∣ly declared in Sir Edw. Cooks Reports, li. 3. Fermors case, fol. 78. a. VVhether of them divideth more aptly, let the learned Judge. For my part, I think that lineal and collateral be no essential differences, of warranty, as it is originally considered in the first warranter. For he bindeth himself and his heirs in gene∣ral. And such be bound, be they lineal or collateral unto him. Therefore this division riseth rather from the event of the original warranty: videlicet, because it so falleth out, that the tenent, to whom the warranty was made, or his heirs, when he or they be cal∣led into question for the land warranted for∣merly by the first feoffour, is driven by the means of the first warranters death, to call or vouch him to warranty that is his heir, and now presently living, be he descending or collateral, as it falleth out. For example, A. enfeoff. th B. in twenty acres of land, with clause of warranty against all men. So long as A. himself liveth he is lyable to this Cove∣nant, and none else: after his decease his heir is subject unto it, be he his Son, Brother, Uncle, or what else. And whether of these, or neither of these it will be, none knoweth untill he be dead. Wherefore I conclude, that this di∣distinction of lineal or collateral hath no use originally in this contract. For (as the Au∣thor of the terms of Law saith) the burthen of this warranty, after the death of the first warranter, falleth upon him, upon whom the land should have descended, if the warranty had not been made. And that is the next of blood to the warranter, be he in the descen∣ding or collateral line. And therefore I re∣solve that this distinction groweth from an event, after the death of him that covenant∣eth to warrant. But to make this plain, I find warranty to be used equivocally: signifying one sort, the contract, or covenant of warran∣ty first made, as appeareth by Bracton in the place formerly noted: and in another sort, the very effect and performance of this con∣tract, either by the Warrenter or his heirs, when he or they be by the tenent thereunto vouched, or called. As also I shew out of Bracton, lib. 5. tract: 4. cap. pri. nu. 2. in these words: Inprimis videndum est quid sit war∣rantizatio. Et sciendum quòd warrantizare, nihil aliud est, quàm defendere & acquietare tenentem, qui warrantum vocabit in seisina sua, &c. VVith whom agreeth Fleta, saying that Warrantizare nihil aliud est, quam possi∣dentem defendere, lib. 5. ca. 15. §. 1. & lib. 6. cap. 23. quod lege per totum. And the former division of lineal and collateral warranty, ra∣ther belonging to warranty in the second sig∣nification than the former.

And that this way, it is imperfect, or at the least obscure, I think it not hard to de∣clare. First to shew this, I note out of Bra∣cton, who may be called to warranty. And he lib. 5, tract. 4. cap. pri. num. 5. saith thus: Videndum est quis vocari possit ad war∣rantum, & sciendum, quod tam maseulus quam foemina, tam minor, quàm major (dism tamen si minor vocetur, remane at platitum de warrantia in suspenso usque ad aetutem, uisicau∣sa fuerit ita favorabilis, quòd aetas expectari non debeat, sicut ex causa Dotis) Item non so∣lum vocandus est ad warrantum ille qui dedit, vel vendidit, verum etiam vocandi sunt eorum haeredes-descendentes in infinitum propter verba in Chartis contenta, Ego, & haeredes mei warrantizabimus tali & haeredibus suis, &c. Et in quo casu tenentur haeredes warrantizare, sive sini propinqui, sive remoti, remotiores, vel remotissimi. Et quod de haeredibus dititur, i∣dem dici poterit de assignatis, et de illis, qui sunt locoallorum haeredum, sicut sunt capitales Domini qui tenentibus suis quasi succedunt, vel propter aliquem defectum, vel propter aliqund delictum, sicut de eschaetis Dominorum: By which words we perceive, that the burthen of this warranty is not tyed to heirs only, be they in the descending, or collateral line, but that under this word (Haeredes) are com∣prised all such, as the first warranters Lands afterwards come unto, either by descent, or otherwise ex causa luera••iva. So that if a man have twenty children, yet if he will, and may give his land to a Stranger, leaving his chil∣dren no land, that Stranger in this case is his assign, and is contained under this word, Heir. So if he commit felony after such war∣ranty covenanted, and forfeited his lands to his Lord by escheat, the Lord is quesihares in this case, and lyable to the warranty sor∣merly passed. And in these two later cases, warranty in the second signification seemeth to be neither lineal, nor collateral: and at the least, as Littleton, and the other Au∣thor

have defined, or by example expressed them.

But let us define these two species as they be; wherefore lineal warranty is that, which he is called unto by the Tenent, upon whom the land warranted had descended, if the warrantee had not been covenanted. For example: A. selleth to B. twenty acres land with clause of warranty, and afterward dy∣eth leaving issue C. soon after B. is implead∣ed for this Land by D. and voucheth C. This is called a lineal warranty: because but for it the land had descended from A. to C.

Warranty collateral is that, whereunto he is called by the Tenent, upon the covenant of him, from whom the Land could not descend, to the party called. For example: B. the Son purchaseth Tenements in fee, whereof A. his Father disseiseth him, and selleth them to C. with a clause of warranty. A. being dead, C. is impleaded for the Tenements, and calleth B. to warranty. This warranty where∣unto B. is called, ia collateral: because the Tenements, if the warranty had not been co∣venanted by A. could not have descended from him to his Father A. for they were his own by purchase. Many other examples there be of this in Littleton. And this very case he maketh his example of warranty by disseisin, as also of warranty collateral, which plainly argueth, that warranty by disseisin, and warranty collateral, are not distinct mem∣bers of warrantee, but may be confounded: though one warranty may carry both names in divers respects. For there is some war∣ranty collateral that beginneth not by dissei∣sin. For example: A. Tenent in tayl, ali∣enated to B. in fee, and dyeth leaving issue, C. afterward. D. Brother to A. and Uncle to C. releaseth to B. with warranty, and dy∣ing, leaveth B. his heir being next of blood unto him. This warraaty is collateral, because it descendeth upon C. from his Vncle D. and yet it beginneth not by disseisin of his said Uncle.

Warranty hath a double effect: one to debar him upon whom it descendeth from the first warranter as his next of blood, from claiming the land warranted: and another to make it good to the Tenent, if by him he be vouched thereunto, or else to give him as much other land by exchange. But as the former of these effects taketh place with all heirs, except those to whom the Land war∣ranted was entailed, and that reap no equi∣valent benefit by the first warranter, anno 6 Ed. prim. cap. 3. so the later prejudiceth none that receiveth not sufficient Land from the first warranter to make it good, Bracton, lib. 5. tractat. 4. cap. 8. num. prim. & cap. 13. num. 2. In the Customary of Normandy, cap. 5. you have vouchment de garant, which the Interpreter translateth, Vocamentum Ga∣ranti, a voucher or calling of the warranter into the Court to make good his sale or gift.

Warrantia diei, is a writ lying in case, where a man having a day assigned personal∣ly to appear in Court to any action wherin he is sued: is in the mean time by commandment imployed in the Kings service, so that he can∣not come at the day assigned. This writ is directed to the Justices to this end, that they neither take nor record him in default for that day, Register original, fol. 18. Of this you may read more in Fitzherb. nat. brev. fol. 17. and fee Glanvile, lib. prius. cap. 8.

Warrantia chartae, is a writ that lyeth pro∣perly for him who is infeoffed in land or tene∣ments with clause of warranty, and is implea∣ded in an Assise or Writ of Entry, wherein he cannot vouch or call to warranty: for in this case his remedy is, to take out this writ a∣gainst the seoffor of his heir. Regist. origin. fol. 157. Fitzh. nat. brev. fol. 134. Of this yon may likewise read Fleta, lib. 6. cap. 35. and West. parte 2. symb. titulo, Fines, Sect. 156.

Warrantia icustodiae, is a Writ judicial, that lyeth for him that is challenged to be ward unto another, in respect of land said to be holden in Knights service, which when it was bought by the Ancestors of the Ward, was warranted to be free from such thraldome. And it lyeth against the warranter and his heirs, Regist. judic. fol. 36.

Warrant of Attorney. See Letter of Attor∣ney, and Warranty.

Wardwite significat quietantiam misericor∣diae in casu qno non invenerit quis hominem ad wardam facteudam in castra, vel alibi, Fleta, lib. 1. cap. 47.

Warren (Warrenna, aliàs varrenna) com∣meth of the French (Garrenne, i. vivarium, vel locus in quo vel aves, vel pisces, vel ferae continentur, quae ad victum duntaxat perti∣nent) Calapine out of Aulus Gellius, lib. 2. Noct. Attic. ca. 20. A warren (as we use it) is a prescription or grant from the King to a man, of having Feasants, Partridges, Connies, and Hares, within certain of his Lands, Cromp∣tons Jurisd. fol. 148. where he saith, that none can have warren but only the King, no more than Forest, or Chase. Because it is a special privilege belonging to the King alone. And a little after he hath these words to this effect: the King may grant warren to me in

mine own lands, for Feasants and Patridges only. And by this grant no man may there chase them without my licence. And so of Hares, but not of Connies. For their proper∣ty is to destroy the fruits of the earth, as to eat Corn, and pill the bark of Apple trees. Master Manwood in his first part of Forest laws, saith thus of it: a warren is a franchise, or privileged place of pleasure, only for those beasts and fowles that are beasts and fowles of warren, tantùm campestres, & non sylvestres, viz. For such beasts & fowls as are altogether belonging to the fields, and not unto the woods: and for none other beasts or fowles. There are but two beasts of warren, that is to say, Hares and Connies: And there are al∣so but two fowles of warren, viz. Feasants and Partridges. And none other wildbeasts or birds have any firm peace, privilege, or pro∣tection, within the warren. If any person be found to be an offendor in any such free warren, he is to be punished for the same by the course of the Common law, and by the Statute, anno 21 Edward. 3. called the Statute de malefactoribus in parcis & chaceis, &c. For the most part there are no Officers in a warren, but the Master of the Game, or the Keeper. A free warren is sometime inclosed; and also the same some∣time doth lye open, for there is no necessity of inclosing the same, as there is of a Park, for if a Park is suffered to lye open, it ought to be seised into the Kings Kings hands. Thus far M. Manwood.

Warscot, is the contribution, that was wont to be made towards Armor in the Saxons time. In Canutus his Charter of the Forest set out by M. Manwood in the first part of his Forest laws, uum. 9. you have these words: Sint omnes tam primaris quàm madiocres, & minuti, immunes, liberi & quieti ab omnibus provincialibus summonitionibus, et popularibus placitis, quae Hundred laghe Angli dicunt, et ab omnibus a••morum oneribus, quod Warscot Angli dicunt, et forinsecis querelis.

Warwis, aliâs Wardwit, is to be quit of gi∣ving mony for keeping of watches. New ex∣position of law terms.

Wasie (vastum) commeth of the French (gaster, i. populari.) It signifieth diversly in our Common law, first a spoil made, either in houses, woods, gardens, orchards, &c. by the tenent for term of life, or for term of a∣nothers life, or of years, to the prejudice of the Heir, or of him in the Reversion or Re∣mainder. Kitchin, fol. 168. &c. usque 178. upon this committed the Writ of waste is brought or the recovery of the things, wher∣upon the waste is made. See Vast••. Waste may be also made of tenents or bondmen be∣longing or regardant to the manor. Regist. orig. fol. 72. a. et 73. a. See the new book of Entries, verbo Waste. A waste of the Forest (as M. Manwood saith, parte prim. of his Fo∣rest laws, pag. 172.) is most properly where a man doth cut down his own woods within the Forest, without license of the King or of the Lord Chief Justice in Eyr of the Fo∣rest. But it is also, where a man doth plow up his own meadow or Pasture, and conver∣teth it unto tillage. And of this you may read him at large, in his second part, cap. 8. num. 4, et 5. Waste in the second significati∣on is taken for those parts of the Lords De∣mesns, that be not in any one mans occupa∣tion, but lye common for bounds or passages of the Lord and Tenent from one place to a∣nother, and sometimes for all the Kings Sub∣ject••. 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 use which others have of it in passing to and fro. Upon this none may build or feed, or cut down Trees, without the Lords license. VVaste hath a third signification, as year, day, and waste. Annus, dies, et va∣stum: which is a punishment or forfeiture be∣longing to petit treason, or felony: wherof you may read Stawnf. pl. cor. lib. 3. cap. 30. And see Year, Day, and Waste.

Wasters, anno 5 Ed. 3. cap. 14. See Roberds wen. See Draw latches.

Wastoll bread, anno 51 H. 3. statute of br. ad, and statute of pilory.

Waterbayliffs, seem to be officers in Porttowns for the searching of Ships, an. 28 H. 6. ca. 5.

Watling street, is one of the four waies, which the Romans are said to ••have made here in England, and called them Consula∣res, Praetorias, Militares, Publicas, Ma∣ster Cambden in his Britannia, per∣swadeth himself that there were more of this sort than four. This street is otherwise called Werlam street, as the same Author saith;) and howsoever the Romans might make it and the rest, the names be from the Saxons. And Roger Hoveden saith, it is so called, because the Sons of Wethle made it, leading from the East sea to the VVest, An∣nal. part. prior. fol. 248. a. This street lead∣eth from Dover to London, and so to Saint Albons, and there onward directly toward the North-west through the Land, as from Dunstable to Westchester, anno 39. El. cap. 2. The second street is called Ikenild street, be∣ginning ab Icenis, who were the people inha∣biting

Norfolk, Suffolk, and Cambridge shire, as M. Cambden declareth, pag. 345. The third is called Fosse: the reason of the name he gi∣veth, because he thinketh it was ditched on each side. The fourth is called Ermin street, Germanico vocabulo, à Mercurio, quem sub no∣mine I••munsull, i. Mercurii columma, Ger∣mani majores nostri colueru••t. Of these read more in the said Author, pag. 43, & 44. In the description of England going under Sax∣ons name, cap. 7. I read that Belinus a Bri∣ton King made these four waies: whereof the first and greatest he calleth Fosse, stretch∣ing out of the South into the North, and be∣ginning from the corner of Cornwell, and passing forth by Devonshire, Somersetshire, and so along by Tetbury upon Toteswould besides Coventree unto Lecester, and thence, by the wide plains to Newark, and to Lin∣coln, where it endeth. The second he na∣meth Watling street, comming out of the South east toward the Fosse, beginning at Dover, and passing through the middle of Kent over Thames, beside London near West∣minster, and thence to Saint Albons, by Donstable, Stratford, Towceter, Wedon, Lil∣born, Atheriston, Gilberts hill, now called Wreaken, by Severn, Workcester, Stratton, and so forth by the middle of Wales, unto Cardi∣can, and the Irish seas. The third he calleth Erminage street, stretching out of the West North-west, into the East South-east, from S. Davids in the West Wales unto Southamp∣ton. The fourth he called Rikenild street, stretching forth by Worchester, by Wicomb, Brinhingham, Litchfield, Derby, Chesterfield, and by York forth into Tynmouth. But he that listeth to read at large of these waies, let him have recourse to the first volume of Holinsheds Chronicle, and the description of England there, the 19 chapter. Where this antiqui∣ty is far otherwise declared, than by the for∣mer writers. Henry of Huntington likewise in the first book of his History, not far after the beginning, mentioneth these four Streets, terming them calles Regia sublimatos antho∣ritate, ne aliquis in eis inimicum invadere au∣deret, &c.

Waterbayliffs, anno 28 H. 6. cap. 5. is an Officer belonging to the City of London, which hath the supervision and search of fish, that is brought to that City, as also the ga∣thering of the toll rising from that water. He is reckoned an Esquire by his Office, as the Sword-bearer, the Huntsman, and the chief Sergeant is. He also attendeth upon the Lord Maior for the time being, and hath the prin∣cipal care of marshalling the guests at his Ta∣ble.

Way. See Chimin.

WE

Weif. (wavium) whence it hath his original I cannot certainly say. But I find the 19 chap. of the Grand Customary of Normandy to be in∣tituled (De choses gaines) and latined by the Interpreter (De rebus vaivis) which are there tus defined: vaiva sunt res, vel alia, quae nul∣lius proprietati attributa, sine possessionis recla∣mations sunt inventa, quae usque ad diem & a••••um servanda sunt. Et de••is modo, quo di∣ctum est de veriscis, that is (weeks) ea sua esse probantibus est restitutio facienda, &c. This weif or things weived have the very same sig∣nification in our Common law, and be nought but things forsaken. The Civilians call it (Derelictum) or (Quod est pro derelicto) Bra∣cton in the twelfth Chapter of his first book, ns••. 10. reckoneth them inter res quae sunt nul∣lius ea quae pro waivio habentur: sicut de ave∣riis, ubi non apparet Dominus, where he also saith, quòd olim fueruut inventoris de jure naturali, et jam essiciuntur principis de jure Gentium. That this is a Regality, and belong∣ing to the King, except it be challenged by the owner within a year and a day, it appear∣eth by Briton in his seventeenth chapter. Now the Kings in their times have granted this and such like Prerogatives unto divers Sub∣jects, with their fees, who there likewise saith, that waifs, things lost, and estrayes, must by the Lord of the franchise where they are found, be caused to be cryed and published in Markets and Churches near about, or else that the year and day doth not run to the prejudice of him that hath lost them. See Waive, M. Skene de verborum signif. verb. waif, saith, that waif est pecus vel animal ab∣errans, which wanders and waivers without a known Master, and being found by any man within his own bounds, must be by him proclaimed upon divers, and sundry Mar∣ket daies, at the Parish Church, and within the Sheriff-dome. Otherwise the Deteyner may be accused of theft. And it is lawfull for the owner to challenge the beast within a year and a day. Whereby it appeareth, that in Scotland that is called a weif which we here call a stray or estray.

Would of Kent, is the woody part of the Country, Camden Britannia, pag. 247. M. Verstegan in his restitution of decayed intelli∣gence saith, that Wald, Weald, and Would differing in vowel, signifie one thing, to wit, a Forest. See the rest litera W.

Wedding (Nuptiae) commeth of the Ger∣man (wed, i. pignus) and wed in Scotland sig∣nifieth so much at this day. Skene de verborum signif. verbo vadium.

Weigh (waga) is a certain weight of cheese or wool, containing 256 pounds of avoyr de poyce. See Clove.

Weights (Pondera) what they be, it is well known. There be two sorts of them in use with us. The one called Troy weight, which containeth twelve ounces in the pound, and no more: by the which Pearl, precious stones, electuaries, and medicinal things, gold, silver, and bread be weighed: The other is called Aver de pois, which containeth 16 ounces in the pound. By this all other things are weighed that pass between man and man by weight, saving only those above named. Why the one should be called Troy weight, I have not learned, though I read it termed libram & unciam Trojanam: as if it came from Troy. But Georg. Agricola in his learned Tractate de ponderibus & mensuris, pag. 339. termeth the pound of twelve ounces, libram medicam, and the other of sixteen ounces, libram civi∣lem; saying thus of them both: Medica & civilis libra, numero non gravitate unciarum differunt. The second seemeth so to be ter∣med by reason of the more full weight; for (Avoir de pois) in French, is as much as to say, as to have full weight. But by these words (avoir depois) are some time signified such Merchandize as are bought and sold by this kind of weights. The first statute of York, an. 9 Ed. 3. in prooem. & an. 27 Ed. 13. stat. 2. cap. 10. & anno 24. H. 8 cap. 13. Of weights in Scotland, See Skene ac verbo signif. verbo Serplathe. All our weights and measures have their first composition from the penny sterling, which ought to weigh two and thir∣ty wheat corns of a middle sort, twenty of which pence make an ounce, and twelve such ounces a pound, or twenty shillings, but fif∣teen ounces make the Merchants pound, Fleta lib. 2. cap. 12. It is not unlike that this Merchants pound, though an ounce less, should be all one in signification with the pound of Avoir de pois: and the other pound, called by Fleta troue weight, plainly appear∣eth to be all one with that which we now call Troy weight. And I find not Troy weight mentioned by any other that ever I read upon this subject, but only our own Country men. See Tronage.

Weights of Awncell, anno 14 Ed. 3. stat. 1. cap. 12. See Auncell weight.

Were, aliâs werre, signifieth as much as (Ae stimatio capitis, aut pretium hominis. M. Lamberds explication of Saxon words, verb. Ae stimatio) That is to say, so much as one paid for killing of a man. Whereby he ga∣thereth, that slaughters, and such other great offences, were more rarely committed in antient times than now: when as for the multitude of offenders, death is most justly inflicted for those crimes, that then were re∣dressed by pecuniary mulcts. Of this see Roger Hoveden, parte poster. suorum annali∣um, in Henrico 2. fo. 344.

Weregelt thef. significat latronem qui redim•• potest. Wera enim anglicè idem est in Saxonis lingua, vel pretium vita h••minis appretiatum. Fleta, lib. 1. cap. 47.

West Saxon lage, aliâs West Sexenlage. See Law.

WH

Wharf (wharfa) is a broad plain place near to a Creek or Hithe of the water, to lay wares upon, that be brought to or from the water, to be transported to any other place. New book of Entries, fol. 3. col. 3.

Wharfinger, is the Keeper of a wharf, anno 7 Ed. 6. ca. 7.

White hart silver (Candidi Cervi argen∣tum) is a tribute or mulct paid into the Ex∣chequer out of the Forest of White hart: which (as M. Cambden reporteth in his Bri∣tan, pag. 150.) hath continued from Henry the thirds time, and was imposed by him upon Thomas De. la-linde, for killing of a most beautifull Hart, which himself before had purposely spared in hunting.

WI

Widow (vidua) seemeth to come of the French (vuide, i. inanitus, exinanitus) or the verb (vuider, i. inaniare) quasi privata atque orba marito. Macrobius, l. b. 1. Saturn. ca. 15. draweth it from the Hetruscan verb (Iduare, i. dividere. Vnde vidua quasi valde idua, i. valde divisa: aut vidua, i. à viro divisa. The signification with us is apparent. But there is one kind of widow, called the widow of the King, or the Kings widow (vidua Re∣gis) that requireth exposition. And she is that widow, which after her Husbands death, being the Kings tenent in capite, is driven to recover her dower by a Writ de dote assignan∣da. Of whom you may read Stawnf. praerog. cap. 4. The words of the statute of the praerog. made anno 17 Ed. 2. be these: Item assignabit viduis post mortem virorum suorum, qui de eo tenu••runt in capite, dotem suam, quae cas con∣tingit, &c. licet haeredes fuerint plenae aetatis, si viduae voluerint. Et viduae illae ante assig∣nationem dotis suae praedictae, sive haeredes ple∣n•• aetatis fuerint, sive infra aetatem, jura∣bunt, quòdse non maritabunt sine licentia Re∣gis. Tunc Rex capiet in manum suam nomine districtionis omnes terras, & tenementa, quae de eo tenentur in dotem, donec sat isfecerint ad vo∣luptatem su••m: it a quod ipsa mulier nihil ca∣piet de exitibus, &c. quia par hnjusmodi di∣strictiones

hujusmodi mulieres, seu viri eorum finem facient Regi ad voluptatem suam. Et illa vol••••tas tempore Regis Henric. patris Regis Ed∣wardi aestimari consuevit ad valentiam praedictae dotis per unum annum ad plus, nisi ulteriorem gratiam habuerint. Mulieres, quae de Rege tenent in capite aliquam haereditatem, jurabunt similiter, cujuseunque fuerint aetatis, quod se non mar it a••unt sine licentia Regis. Et si fece∣rint, terrae & tenementa ipsarum eodem modo capiantur in manum Domini Regis, quousque satisfecerint ad voluntatem Regis. Of this see likewise the great Charter, cap. 7. where∣by it appeareth that other common Lords have the same power over their widows, touching their consent in their mariage, that the King hath. Of this you may read more in the Writ De dote assignanda. Fitzh. nat. brev. fo. 263. C. See also the Statute, anno 32 H. 8. cap. 46.

Windelesor, a Herald. See Herald.

Withernam (vetitum Namium) Master Lamberd thinketh to be compounded of (wi∣ther, i. altera, sive secunda) & (Nam, i. pig∣noris captio) marvelling much why it should so far be depraved in the Interpretation, as to be translated (Vetitum Namium.) Read him in the Explication of Saxon words, verbo, Pignorari. The concord of the thing sig∣nified with the meaning of the Latin words, maketh some to think, that it is compounded of (wehre••, i. veto) and (uyman) or (nemmen, i. capio.) For Withernam in our Common law is the taking, or driving a distress to a hould, or out of the County, so that the Sheriff cannot upon the Replevin make deli∣verance thereof to the party distreined: In which case, the Writ of Withernam, or de vetito Namio is directed to the Sheriff, for the taking of as many of his beasts that did thus unlawfully distrein, or as much goods of his, into his keeping, till that he hath made deliverance of the first distress. Also if the beasts be in a fortlet or castle, the Sheriff may take with him the power of the County, and beat down the Castle, as it appeareth by the Statute, Westm. pri. cap. 20. Briton cap. 27. But Mr. Lamberds Interpretation, seem∣eth more consonant to the Writ, the form whereof is thus in part (Fitzh. nat. br. fol. 73.) Tibi praecipimus quòd averia praedicti B. in Balliva tua capias in withernam, &c. and the Register original, fol. 82. & 83. & 79. a. & 80. a. and in the Regist. judic. fol. 29. a. & 30. a. Whereby it appeareth that the Sheriff by these words is willed to take in compensation of the former taking so many cattell, &c. But yet this may qualifie Master Lamberds marvelling, because they that trans∣lated this word into such Latin, seem to have been deceived by the propinquity of the word (wehren) both to the word (withernam) and also to the meaning. This error (if it be an error) hath a probable likelyhood of de∣scent from the Normans, as appeareth by the Grand Customary, cap. 4. where you have words to this effect: Deficientes (sc. Balivos) facere justiciari, et ea, de quibus judicium vel vecordatio habet fieri in curia: debet (sc. Ju∣stic arius) retrahere vel recitare. Treugam dari debet facere, quod est assecuratio pacis. observandae. Nampta injuste capta per jus fa∣cere liberari, &c. Here you may see (Namp∣ta) referred to the first taking or distress, which is unlawfull. Sir Tho. Smith in his Re∣pub. Anglor. agreeth with M. Lamberd in these words: This (withernam) he, meaning Little∣ton, with whom Bracton also agreeth, lib. 2. cap. et lib. 3. tract. 2. cap. 36. interpreteth vetitum Namium, in what language I know not. Whereas in truth it is in plain Dutch, and in our old Saxon language (wither nempt, i. alterum accip••re, alterum rapere) a word that signifieth all one with that barbarous La∣tine word (Repraesalia) when one taking of me a distresse, which in Latine is called (pignus) or any other thing, and carrying it away out of the Jurisdiction where I dwell, I take by order of him that hath Iurisdiction, ano∣ther of him again, or of some other of that Jurisdiction: and do bring it into the juris∣diction wherein I dwell, that by equal wrong I may come to have equal right, &c. Nama∣tio animalium in Scotland is used for the poun∣ding of cattel, Skene de verbor. signif. verbo Averis: whom also read, verbo Namar••. Wi∣thernam in Bracton, lib. 3. tract. 2. cap. 37: and also in Westm. 2. cap. 2. seemeth to sig∣nifie an unlawfull distress, made by him that hath no right to distrein, anno 13 Ed. prim. cap. 2. See the new book of Entries. Verbo Withernam.

WO

Woad (glastum) is an herb brought from the parts of Tolouse in France, and from Spain, much used and very necessary in the dying of wollen cloath, anno 7 H. 8. cap. 2. we call it woad of the Italian word (guado) or the Ger∣man word (weidt.)

Woodgeld, seemeth to be the gathering or cutting of wood within the Forest, or mony payed for the same, to the use of the Fore∣sters. And the immunity from this by the Kings grant, is by Crompton called Woodgeld, fol. 157.

Woodmen, seem to be those in the Forest, that have their charge especially to look to

the Kings woods. Manwood, parte pri. of his Forest laws, pag. 193. and Cromptons Jus risd. fol. 146.

Woodmote court, is the Attachment of the Forest. Manwood, parte pri. of his Forest laws, pag. 95. See Attachment.

Woodward (woodwardus) is an officer of the Forest, whose function you may partly ga∣ther by his oath set down in Cromptons jurisd. fol. 201 which M. Manwood hath also in his first part of his Forest laws, pag. 50. to the same effect, but something more at large. viz. You shall truly execute the office of a wood∣ward of B. woods within the Forest of W. so long as you shall be woodward there: you shall not conceal any offence either in Vert or in Venison, that shall be committed or done within your charge: but you shall truly pre∣sent the same, without any favour, affection, or reward. And if you do see or know any Malefactors, or do find any Deer killed or hurt, you shall forthwith do the verderour understand thereof. And you shall present the same at the next Court of the Forest: be it Swainmote, or Court of Attachments; so help you God. Woodwards may not walk with Bow and Shafts, but with Forest bils, Manwood, parte pri. of his Forest laws, pag. 189. and more of him, pag. 97.

Woold••iver, anno 2, et 3 Ph. et Ma. cap. 13. be those that buy VVool abroad in the Country of the Sheep masters, and carry it by horse-back to the Clothiers, or to Market towns to sell it again.

Woolferh: fod (Caput Lupinum) is the con∣dition of those, which were outlawed in the Saxons time, for not yeelding themselves to Iustice. For if they could be taken alive, they must have been brought to the King: and if they in fear or apprehension did defend them∣selves, they might be slain, and their heads brought to the King. For they carried a VVolves head: that is to say, their head was no more to be accounted of, than a VVolves head, being a beast so hurtfull unto man. See the Laws of King Edward, set out by M. Lamberd, fol. 127. b. nu. 7. The very like whereof Bract••n also saith, lib. 3. tract. 2. cap. 11. See Vtlary. Roger Hoveden wri∣teth it (Wulvesheved, parte poster. suorum annalium, fol. 343. b.) whom read of this matter, because you shall there see what it was in those daies to violate the peace of the Church.

Wool-staple, anno 51 H. 3. stat. 5. See Staple.

Wool winders, be such as wind up every fleece of Wool, that is to be packed and sold by weight, into a kind of bundle, after it is cleansed in such manner as it ought to be by statute. And to avoid such deceit as the own∣ers were wont to use by thrusting locks of re∣fuse Wool, and such other drosse, to gain weight; they are sworn to perform that office truly between the owner and the Merchant. See the Statute, anno 8 H. 6. cap. 22. et anno 23 H. 8. cap. 17. et an. 18 Eliz. cap. 25.

Would. See Weald.

Wranglands, seem to be mis-grown Trees that will never prove Timber, Kitchin, fol. 169. b.

Wormseed (Semen sanctonicum) is a medici∣nal seed brought forth of that Plant which in Latine is called (Sementina) in English, Ho∣ly worm wood, whereof you may read in Gerards Herbal, li. 2. cap. 435. This is a Drug to be garbled, anno 1 Jac. cap. 19.

WR

Wreck (wreecum vel wrectum maris) is the losse of a ship and the goods therein contain∣ed, by tempest, or other mischance at the Sea. The Civilians call it (Naufragium) This wreck being made, the goods that were in the ship, being brought to Land by the waves, belong to the King by his Prerogative. And thereupon in many books of our Common law, the very goods so brought to land are called wreck. And wreck is defined to be those goods which are so brought to Land. Sir Edward Coke, vol. 6. relatio, fol. 106. a. and the Statute anno 17 Edward 2. cap. 11. in these words, Item Rex habebit wreccum ma∣ris, per tatum Regnum, ballenas, et sturgeones captas in mart vel alibi infra Regnum, except is quibusdam locis privilegiatis per Regem. Whereby it appeareth that the King hath them, or such as have by Grant this liberty or Privilege of him: And that this Statute doth but affirm the antient law of the Land, it appeareth by Bracton, lib. 2. cap. 5. num. 7. hiis verbis: Sunt etiam aliae res quae pertinent ad Coronam propter privilegium Regis, et ita communem non recipiunt libertatem, quin dari possint, & ad alium transferri. Quia si trans∣ferantur, translatio nussi erit damnosa, nisi ipsi Regi sive Principi, Et si hujusmodi res alicui concessae fuerint, sicut wreccum maris, &c. The reason of this he toucheth shortly in his first book, cap. 12. num. 10. where he reckneth these goods (jure naturali) to be (in bonis nullius) quia non apparet Dominus eorum, sed jure Gentium fieri principis: And see him also lib. 2. cap. 24. nu m. 1, et 2. It is worth the asking to know what is a wreck, and what not, in this stricter signification. And the Author of the terms of Law saith, that if any person of the Ship come to land, it is not a

wreck, or the wreck is not such, that the King ought to have the goods, with whom agreeth Sir Edward Coke, vol. 6. fol. 107. a. No, if either a Dog or Cat escape a∣live to the Land, the goods are the Owners still, so he come within a year and a day to claim them. And for this the Statute is plain, Westm. prim. cap. 4. anno 3 Edward prim. which doctrine Fitzherbert in his Natura brevium, fol. 112. E. extendeth thus far, that if any of the goods be cast upon the dry Land by any in the ship, it is no wreck sub∣ject to the Prerogative, for by this some of the Ship are presumed to come to land, and still to have a custody of the goods. Cook ubi supra. This in the Grand Customary of Normanny, cap. 17. is called (varech) and la∣tined (veriscum) where it appeareth that the like law to ours was in Normandy almost in all points. But some sorts of their precious Merchandise do by their law appertain to the Duke by his Prerogative, though a just chal∣lenge of the goods be made within the year and day. The Emperors of Rome made no advantage of this pitifull event, as appeareth, titulo De Naufragiis 11. Cod. And it appear∣eth that Richard the first had some remorse of poor sea-mens miseries in this case. For he quietum clam evit wreck suis subditis. Rog. Ho∣veden parte poster. suerum ann••l. fol. 386. Of this M. Skene de verb. siguif. speaketh to this effect: wreck signifieth a power, liberty, and prerogative appertaining to the King, or to any person, to whom the same is granted by him by feoffment, or any other dispositi∣on, to take up and gain such goods as are ship-broken, or fall to him by escheat of the sea.

Writ (breve) is that with our Common Lawyers (in Sir Thomas Smiths judgement, lib. 2. de Repub. Anglorum, ca. 9.) which the Civilians call (Actionem, sive formulam.) But I am rather of his judgement, that hath ad∣ded the marginal note unto him, saying that (Actio) is the parties whole sute: and that (Breve) is the Kings precept, whereby any thing is commanded to be done touching the sute or action; as the Defendant or Tenent to be summoned, a distresse to be taken, a disseisin to be redressed, &c. And these writs are diversly divided, in divers respects. Some in respect of their order, or manner of grant∣ing, are termed original, and some judicial. Original writs be those, that are sent out for the summoning of the Defendant in a perso∣nal, or Tenent in a real action, or other like purpose, before the sute beginneth, or to be∣gin the sute thereby: Those be judicial, that be sent out by order of the Court, where the cause dependeth upon occasion growing af∣ter sute begun, Old nat. brev. fol. 51. And Iudicial is thus by one sign known from the Original, because the Teste beareth the name of the Chief Iustice of that Court whence it commeth, where the Original beareth in the Teste the name of the Prince, Then accord∣ing to the nature of the action, they be per∣sonal, or real: and real be either touching the possession, called writs of Entry, or the property, called writs of right. Fitz. nat. br. sparsim per totum. Some writs be at the sute of a party, some of office, Old nat. br. fol. 147. Some ordinary, some of privi∣lege. A writ of privilege is that which a pri∣vileged person bringeth to the Court, for his exemption, by reason of some privilege. See Procedendo. See the new book of Entries, verbo Privilegt. See Brief.

Writ of Rebellton. See Commission of Rebel∣lion.

Writer of the Tallies (Scriptor talliarum) is an Officer in the Exchequer, being Clerk to the Auditor of the Receipt, who writeth up∣on the Tallies the whole letfers of the Tel∣lers bills.

Y.

YA

YArd lands (Virgata terrae) is a quanti∣ty of land called by this name of the Sax∣on (Gyrdlander) but not so certain a quanti∣ty, as that it is all one in all places: For in some Countries it containeth 20 acres, in some 24. in some 30. as M. Lamberd saith, in his explication of Saxon words, verbo virgata terrae. This Yard land Bracton calleth (virga∣tam terrae, lib. 2. cap. 10. et 37.) but he ex∣presseth no certainty what it containeth.

YE

Year and day (annus et dies) is a time thought in construction of our Common law, fit in many cases to determine a right in one, and to work an usucapion or prescri∣tion in another. As in a case of an estray, if the owner (Proclamations being made) cha∣lenge it not within that time, it is forfeit. So is the year and day given in case of appeal, in case of descent after entry or claim; of no claim upon a fine or writ of right at the Com∣mon law: so of a villein remaining in antient demean, of the death of a man sore bruised or wounded: of Protections; Essoins in re∣spect of the Kings service: of a wreck, and di∣vers other cases, Coke, vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the Civil Law. Nam si morti∣ferè fuerit vulneratus, et posteà post longum in∣tervallum

mortuus fit, inde annum nume∣rabimus secundum Iulianum. l. ait lex n. ad legem Aqui••.

Year, day, and wasto (annus, dies, et va∣stum) is a part of the Kings Prerogative, whereby he challengeth the profits of their lands and tenements for a year and a day, that are attainted of petit treason, or felony, who∣soever be Lord of the Manor, whereunto the lands or tenements do belong, and not only so, but in the end wasteth the tenement, de∣stroyeth the houses, rooteth up the woods, gardens, pasture, and ploweth up meadows, ex∣cept the Lord of the fee agree with him for the redemption of such waste, afterward resto∣ring it to the Lord of the fee, wherof you may read at large, Siawnf. prarog. cap. 16. fol. 44. et seq.

YO

Yoman, seemeth to be one word made by contraction of two Danish words (young men) which I gather out of Canutus Charter of the Forest set out out by M. Manwood, parte prim. fol. prim. num. 2. in these words. Sunt sub quolibet horum quatuor ex mediocribus ho∣minibus quos Angli Legespend) ••uncupant, Dani vero (yong men) vecaut, locati, qui cu∣ram et onus tum vi••id••s tum veneris suscipiant. These M. Cambden in his Britan. pag. 105. placeth next in order to Gentlemen, calling them (Iugenuos) whose opinion the Statute af∣firmeth, anno 6 R. 2. cap. 4 Whereunto adde the Statute, anno 20. ejusdem Regis, cap. 2. Sir Thomas Smith, in his Repub. Anglor, lib. prim. cap. 23. calleth him a Yoman, whom our Laws call legalem hominem: which (as he saith) is in English a ••ee man born, that may di∣spend of his own free land, in yearly revenue, to the sum of 40 shillings sterling. Of these he writeth a good large discourse, touching their estate and use in this Common wealth. The former etymologie of the name he liketh not, making question whether it come of the Dutch (Yonger) yea or not, which in the Low-countries signifieth a mean Gentleman, or a gay fellow; but he that hath added the marginal notes to that book, seemeth to draw it from the Saxons (Geman) which signifieth a maried man. M. Verstegan in his restitu∣tion of decayed intelligence, cap. 10. writeth that (Gemen) among the antient Teutonicks, and (Germein) among the modern, signifieth as much, as common, and that the first Letter G. is in this word, as in many others turned into Y. and so writeth Yemen; and that there∣fore Yemen, or Yeomen signifieth so much as Commoner. Yoman signifieth an Officer in the Kings house, which is in the middle place be∣tween the Sergeant and the Groom: as Yoman of the Chaundry; and Yoman of the Scullery, an. 33 Hen. 8. cap. 12. Yoman of the Crown, anno 3 Ed. 4. cap. 5. & anno 22 ejusdem, cap. 1. & anno 4 H. 7. cap. 7. This word (Yong∣men) is used for Yomen in the Statute, anno 33 H. 8. cap. 10.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

FINIS.