AB

ABATE (Intrudere) seem­eth to be taken from the French Abatre i. decute­re, destruere, prosternere. It is in the Writers of the Common law used both actively and pas­sively, or rather neuterly: as to abate a Castle or a Fortlet, Old nat. br. fol. 45. which in Westm. 1 cap. 17. is plainly inter­preted to be as much as to beat down. And to abate a writ, is by some exception to de­feat or overthrow it, Britton, cap. 48. And in this Active voice it hath two significati­ons: one general, another special: general, as in the former examples: and again in 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, be­fore the Heir take his possession, and so kee­peth him ou [...]. Wherefore as he that put­teth out him in possession, is said to dis­seise: so he that steppeth in between the former possessor and his heir, is said to a­bate. In the neuter signification it is used, an. 34 Ed. 1. stat. 2. of joint tenents; viz. the writ of the demandant shall abate, that is, shall be disabled, frustrated or over­thrown. So in Stawnfords pleas of the Crown, fol. 148. In this case a man may say, that the Appeal abateth by covin, that is, that the accusation is defeated by deceit. See Intrusion.

Abatement (Intrusio) commeth also of the French (abatement. i. dejectio, decussio, prostratio) and likewise used as the verb (abate) both actively and passively: some­time signifying the act of the abator; as the abatement of the heir into the Land before he hath agreed with the Lord, Old nat. br. fol. 91. Sometime the affection or passing of the thing abated, as abatement of the writ, Kitchin, fol. 214. And in this signification it is as much as exceptio dilatoria with the Ci­vilians, Brit. cap. 51. or rather in effect of it. For the exception alledged and made good, worketh the abatement. And this exception may be taken either to the insuf­ficiency of the matter, or to the incertainty of the allegation by the misnaming of the Plaintiff, Defendant, or place to the vari­ance between the Writ and the Speciality, or Record, to the incertainty of the Writ, Count, or Declaration, or to the death of the Plaintiff or Defendant: New Terms of the Law, verbo, Abatement of Writ. And he that will read more of this, may look upon the new Book of Entries, verbo, 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 Sy­riacke 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. § [...]. 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 [Page]themselves Episcopal authority within their precincts, and being also Lords of the Parliament. Of this kind thus saith Cora­sius; Aliqui Abbates h [...]bent jurisdictionem E­piscopalem ad quos cum Ecclesia pleno jure per­tineat, in corum Monasteriis Episcopus nihil exercet, cap. Ea quae. Ubi Panor, extra de statu Monacho. Haec dictus Author in Para­phrasi de Sacerdotio, materia parte pri. cap. 9. And these were called Abbots soveraign, anno 9 R. 2. cap. 4. and Abbots generals, as M. Ferne noteth in his glory of generosi­ty, pa. 126. The other sort were subject to the Diocesan in all spiritual govern­ment, cap. Monasteria 18. quaest. 2. ca. Ab­bas. & ca. visitandi, cum quatuor sequentibus ibidem, Omnes 16. quaest. 7. & ca. Cum ve­nerabilis, extra de religiosis domibus. And as Abbots, so were there Lord Priors also, who both had exempt jurisdiction, and were Lords of the Parliament, as appeareth by S. Edwara Cook de jure Ecclesiastico. fol. 28. a.

Abeyance, seemeth to be derived from (Abayer. i. allatrare) to bark at as Dogs do against a Stranger, or Spaniels at a Fea­sant put to the Peark. So children are said (bayer à la mamme) when seeing the 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 abey­ance: that is (as himself interpreteth) all only in the remembrance, intendment, and consideration of the Law. Also in the same place, the Frank tenement of the Glebe of the Parsonage, is in no man during the time that the Parsonage is void, but is in abeyance. And again: It is a principle in Law, that of every land there is Fee-simple in some man, or the Fee-simple is in Abeyance. Considering these places, and comparing them with the signification of the French word, I am driven to think, that our antient Lawyers would signifie hereby a kind of hope, or longing expect­ance: because that those things that be in abeyance, though for the present they be in no man, yet they are in hope and ex­pectation belonging to him that is next to enjoy them. For I find also in the French, that unbayard, is avidus spectator, a greedy be­holder. I cannot in mine own opinion bet­ter compare this, than to that which the Ci­vilians call Haereditatem jacentem. For as Bracton saith (lib. 1. cap. 12. nu. 10.) Hae­reditas jacens nullius est bonis ante aditionem. Sed fallit in hoc quia sustinet vicem personae de­functi, vel quia speratur futur a haeredisas e­jus qui adibit. So that (as the Civilians say) goods and lands do jacere, whilst they want a Possessor, and yet not simply, be­cause they had lately one, and may shortly have another: So the Common Law­yers do say, that things in like estate are in abeyance. Read farther of this in the new terms of Law, and in Plowdens reports, casu Walsingham, fol. 554. a.

Abet (Abetare) may without absurdity be said to proceed from the French (bou­ter. i. ponere, apponere, impellere propellere.) It signifieth in our common Law as much as to encourage or set on. The substantive (abetment, abettum) is used for an incou­raging or setting on, Stawnf. pl. cor. fol. 105. And also (abettour) for him that encoura­geth or setteth on, Old nat. br. fol. 21. But both verb and noun is 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 trans­gression prooved. I am of opinion that the word original signifieth a forfeiture, or an amerciament, and that it is much transfor­med in the writing, by misprision and igno­rance of Clarks: thinking it very probable that it proceedeth from the German verb Beschetzen, which is as much as fisco addicere vel confiscere. It seemeth by the former Authors to be tearmed a freedome or liber­ty; because he that hath his word in any Charter or Grant, hath not only the forfei­tures and amerciaments of all others, with­in his fee or transgressions, but also is him­self free from all such controll of any with­in that compass.

Abjuration (abjuratio) signifieth in our common law a sworn banishment; or an oath taken to forsake the Realm for ever. For as Stawnf. pl. Cor. lib. 2. ca. 40. saith out of Polydore Virgils 11 book of Chronicles, the devotion toward the Church, first in Saint Edward a Saxon King, and so conse­quently in all the rest, untill anno 22 Hen. 8. was so earnest, that if a man having com­mitted felony, could recover a Church, or [Page]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 Co­roner, before them or him give his oath fi­nally to forsake the Realm. Of this you may read a touch, an. 7 Hen. 7. cap. 7. But the form and effect of this you may have in the old Abridgement of Statutes, titulo Abjura­tion, nu. 3. taken out of the antient Tractate, intituled De officiis Coronatorum, as also in Cromptons Tractate of the Office of the Coro­ner, fo. 260. b. and in the new Book of Entries, verbo Abjuration: and in Andrew Horus 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 Ma­ster 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 him­self 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 de­rived unto us, something resembleth that of the Roman Emperors towards such as fled to the Church, lib. 1. Co. titulo 12. or to the images of themselves, eodem, titulo 25. And also that of Moses touching the Cities of refuge, Exod. cap. 21. vers. 13. Num. ca. 15. vers. 6, 11, 12. Deut. 19. vers. 2. Josh. 20. vers. 2. But as it was in our Ancestors daies larger by great oddes, in this Realm, so had it less reason, as may appear to all that will compare them. Of all cir­cumstances belonging to this abjuration, you may futher read the new Tearms of law, Stawnford ubi supra, and such o­thers. But this grew at the last upon good reason, to be but a perpetual confining of the offender to some Sanctuary; wherein, upon abjurarion of his liberty and free habi­tations, he would choose to spend his life, as appeareth, an. 22 Hen. 8. cap. 14. And this benefit also by other Statutes is at the last wholly taken away. So that abjurati on at this day hath place but in few places: And if it be inflicted upon any, it is not a confining to a Sanctuary (for there be no Sanctuaries remaining amongst us) but a sworn banishment of the Kings Dominions. This the Civilians call exilium, or deportati­nem, li. 28. Digest. tit. 22. de interdictis, rele­gatis, & deportatis.

Abridge (abbreviare) commeth of the French abreger, and in one generall lan­guage signifieth as much as to make shorter in words, holding still the whole substance. But in the Common law it seemeth (at the least for the most part) to be more particu­larly used for making a declaration or count shorter, by subtracting or severing some of the substance therein comprised. As for example, a man is said to abridge his plaint in an 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 A­bridger is not contrahere, but rather subtra­here. Tearms of the Law: Brook, titulo A­bridgement: and an. 21 Hen. 8. ca. 3. Of this the Civilians have no use, by reason of certain cautelous clauses they ordinarily have at the end of every position or article of their libel or declaration, to this effect: & ponit conjunctim, divisim, et de quolibet, et de tali et tanta quantitate vel summa qualis & quanta per confessionem partis adversae, vel per probationes legitimas in fine litis apparebit. And again in the conclusion of all: Non astrin­gens se ad singula probanda, sed petens, ut qua­tenus probaverit in praemissis, aut eorum aliquo, eatenus obtineat; by 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 A­bridge.

AC

ACcedas ad curiam, is a Writ that lyeth for him, who hath received false judge­ment in a Court Baron, being directed to the Sheriff, as appeareth by Dyer f. 169. nu. 20. Like as the writ De falso judicio, lyeth for him that hath received false judge­ment [Page]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 direct­ed to the Coroner, commanding him to deli­ver a writ to the Sheriff, that having a (pone) delivered unto him, doth suppress it. Re­gist. orig. fol. 83.

Accessory (Accessorius vel Accessorium) is used in our Common law, otherwise than a­mong the Civilians. For whereas with them it is generally taken for any thing de­pending upon another; here though it be so likewise, yet most commonly and notori­ously it signifieth a man that is guilty of a felonious offence, not principally, but by participation: as by commandment, advice, or concealment. And a man may be acces­sory 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 pre­sent at the execution thereof. For his pre­sence 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 re­ceiveth him, whom he knoweth to have committed selony. Accessory by Statute is he that abetteth, counselleth, or hideth a­ny 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 wit­tinglie 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 Battandi­er 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 a­gainst a man, that by means of Office or bu­siness undertaken, is to render an account unto another: as a Bailiff toward his Ma­ster, a Guardian in soccage toward his Ward, and such others, as you shall find particularly named by Fitz. in his nat. br. fol. 116. where you may also have the form and further use of this writ. See ex par­te talis.

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

Achat, 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 prin­cipal being discharged, the accessory by con­sequent 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. accep­to 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 (ac­quittal) 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 ap­peareth that this is a Justicies.

Acre (acre) is a certain quantity of land containing in length 40 perches, and four in breadth, or to that quantitie, be the length more or less. And if a man erect any new Cottage, he must lay 4 acres of land to it af­ter this measure, anno 31 Eliz. ca. 7. and [Page]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 al­so 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. ti­tulo de actionibus, viz. Actio nihil aliud est quàm jus persequendi in judicio quod alicui de­betur. Action is principally divided by Ju­stinian, in personalem & realem: by Bracton into personal, real, and mixt: action per­sonal is that, which belongeth to a man a­gainst another by reason of any contract, of­fence, or cause of like force to a contract or offence made or done by him or some o­ther, for whose fact he is by law to an­swer. Bract. lib. 3. cap. 3. nu. 2. Action re­al is defined to be that which is given to a­ny man against another, that upon any cause possesseth or occupieth the thing requited or sued for in his own name, and no other mans: and in this only respect, that he pos­sesseth or occupieth the thing, and none o­ther. Bract. ibid. nu. 3. and his reason is this: quia habet rem vel possidet, quam resti­tuere potest vel dominum nominare. This de­finition and reason he farther exemplifieth in the words there following, which he that will may read at large. Action 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 ex­ample, the division of an Inheritance be­tween 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 like­wise (actio de communi dividundo:) and this kind of action (saith Bracton) doth seem to be mixt, because it lyeth as well a­gainst the thing as the person: and indeed so do other excellent Civilians, as Cuiacius and Wesenbecius in their Paratitles. π. finium regund. And though Justinian in his first division omitteth the third member: yet af­terward in the same title, § 20. he saith as these men do, viz. that there be certain a­ctions (naming these and other of like na­ture) that seem to have a mixture, &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 where­about it consisteth, Wesenb. parat. π. de a­ctio. & 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 feoff­ment to another, the disseiseur shall have a remedie against the disseisour and the feof­fer, or other land tenant, to recover not on­ly 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 perso­nalis naturam habeant, & in üs, & actor & reus uterque sit, l. actionis verbo. §. fina w. de obliga. & actio. Tales sunt actio familiae excisc. communi dividun. & finium regun. quaedam ve­rò mistae sunt quòd rem simul & poenam perse­quantur; ut in actione vi bonorum rapt. legis Aquiliae, & ea quae datur contra eos qui legata vel fidei commissa sacrosanctis Ecclesiis relicta solvere distulerunt. And of this latter sort is the example that the said Author bringeth of a mixt action.

Action, is also by the Civilians divided, of the efficient cause, in civilem & praetori­am. Whereof one riseth out of the com­mon civil law, the other from some Edict of the Pretour. Who being Chief Justicer, had authority for his year, to supply the de­fects of the general law by his especial e­dicts. And a division not unlike this may be made in the Common law of England, one growing from the 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 rea­son 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, [Page]&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: wher­by in our Common law the next Friends of a man feloniously slain or wounded, shall pur­sue 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 un­just 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 punish­eth any offence by restitution, or fine pro­portionable 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 descen­ding 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 al­ready 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 pas­sed in contract, the other more generally upon any, fact touching either contract or offence formerly not provided against; this Action upon the Case seemeth in use to be more like to the Pretours Action in factum, than to the other: because in the perusal of the new book of Entries, and Brooks his Abridge­ment hereupon, I perceive that an Acti­on upon the Case lyeth as well against offen­ces, as breach of contract. Of this see more in the word Trespass.

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

Action is perpetual or temporal (perpetua vel temporalis) and that is called perpetual, the force whereof is by no time determined. Of which sort were all civil Actions a­mong the antient Romans, viz. such as grew from Laws, decrees of the Senate, or constitutions of the Emperors: whereas a­ctions granted by the Pretor, died within the year, de perpet. & tempor. actio. in Instit. So we have in England perpetual and tem­porary actions: and I think all may be cal­led perpetual, that are not expresly limi­ted. As divers Statutes give actions, so they be pursued within the time by them prescribed, namely, the Statute anno 1 Ed. 6. cap. 1. giveth action for three years after the offences therein shall be committed, and no longer: and the Statute anno 7 H. 8. cap. 3. doth the like for four years; and that anno 31 Eliz. cap. 5. for one year and no more. But as by the Civil Law no actions were at the last so perpetual, but that by time [Page]they might be prescribed against: as actiones in rem decem aut viginti terminantur annis, per­sonales veró triginta. sect. 1. de perpet. & temp. actioin Institutio. & l. 3. Co. de praescript. 30. an­norum: so in our Common law, though acti­ons 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 levi­ed, or a recovery acknowledged, as you may see farther in the word Fine, and Re­covery. 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 like­wise, though the terms I find not in any of their Writers. But of this, and such like divisions, because they have as yet no appa­rent acceptance amongst our Lawyers, but only a hidden use, I refer the Reader to the Civilians, and namely to Wesenb. in his Para­titles. [...]. Deobligatio. & actio.

AD

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

Adeling was a word of 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 al­most all one with the French (adjouare­ment. i. denunciatio vel diei dictio.) and signi­fieth 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 (adjourna­mentum) is used also among the Burgundians, as M. Skene noteth in his Book De verbo signi. verbo, Ad urnatus, out of Cassaneus de consuet. Burg.

Ad inquirendum, is a Writ judicial, com­manding inquiry to be made of any thing touching a Cause depending in the 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 in­quirendum.

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 (admen­suratio dotis) where the widow of the de­ceased, holdeth from the Heir or his Guar­dian more in the name of her Dower than of right belonging unto her. Register orig. fol. 171. a. Fitzh. nat. br. fol. 148. The o­ther is Admeasurement of Pasture (admen­suratio pasturae) which 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 Com­mon-law is properly taken for him, that hath the Goods of a Man dying intestate, committed to his charge by the Ordinary, and is accountable for the same, whensoe­ver it shall please the Ordinary to call him thereunto. I find not this word so used in all the Civil or Canon-law; but more gene­rally for those, that have the Government of any thing, as the Degrees. Can. 23. quaest. 5. cap. 26. Administratores plane saecularium dignitatum, &c. and extrava. com. ca. 11. Grangias autem, & alia loca Cisterciensium ordinis, & aliorum Regalium, in quibus Gu­bernatores, 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 [Page]authorize them as fully as Executors, to ga­ther up, and to dispose the Goods of the de­ceased: alway provided, that they should be accountable for the same, as Executors. And before that, viz. Westm. 2. anno 13 Ed. 1. cap. 19. it was ordained, that the Goods of those that died intestate, should be committed to the Ordinary his dispositi­on, and that the Ordinary should be bound to answer his debts, so far forth as the Goods would extend, as Executors. And I per­swade my self that the committing of this burden unto Bishops, and those that de­rive Ecclesiastical Authority from them, grew first from the constitution of Leo the Emperor. Co. de Episco. et cleri. l. nulli li licere. 28. Where it is said, that if a man dying, bequeath any thing to the redeem­ing of Captives, &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 Ma­gistrate that hath the Government of the Kings Navy, and the hearing & determining of all Causes, as well Civil as Criminal be­longing to the Sea. Cromptons divers jurisd. fo. 88. and the Statutes anno 13 R. 2. ca. 5. & anno 15. ejusdem, ca. 3. & anno 2 H. 4. ca. 11. & anno 2 H. 4. ca. 6. & anno 28. H. 8. ca. 15. with such like. This Officer is in all Kingdoms of Europe that border upon the Sea: and this Authority in the King­dom of Naples is called, magna Curia Ad­miratiae quae habet jurisdictionem in eos qui vivunt ex arte maris. Vincent. de Franch. deseis. 142. nu. 1. This Magistrate among the Romans was called praefectus classis, as appeareth by Tully in Verrem. 7. but his Authority was not continual, as the Admi­rals in these day, but only in time of War. Neither do I find any such Officer belong­ing to the Emperors in our Code. And M. Gwin in the Preface to his reading, is of opi­nion, that this Office in England was not created 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 Ri­chard the second finding the Admiral to ex­tend his Jurisdictions over far, ordained by Statute made the 10 year of his Reign, that the limits of the Admirals jurisdiction should be restrained to the power he had in his Grandfather Edward the thirds daies, whereby the said Master Gwin conjectu­reth, that he did nought else but reduce him to his original. But contrarily to this it appeareth by antient Records, the Co­pies 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 Flood­mark, were ever tryed before the Lord Ad­miral.

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 presen­tation against the Bishop in the Common-bank: the form whereof read in Fitzh. nat. br. fol. 38. and the Register orig. fol. 33. a.

Admittendo in socium, is a Writ for the association of certain Persons to Justices of 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 po­litick. 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 feloni­ous Offence committed by the Tenant. For a body politick dieth not, neither can per­form personal service, or commit Treason, or Felony, as a single Person may. And therefore it is reasonable, that before any such Grant be made, it should be known, what prejudice it is like to work to the Granter. Of this read more in Fitzh. nat. brev. folio 221. and look Mort­main.

Ad terminum qui praeteriit, is a Writ of Entry, that lyeth in case where a man ha­ving leased Lands or Tenements for term [Page]of life or years, and after the term expired, is held from them by the Tenent, or other Stranger that occupieth the same, and de­forceth the Leasour. Which Writ belong­eth to the Leasour and his Heir also. Fitzh. nat. br. fol. 201.

Advent (adventus) is a certain space of time comprising a Month or thereabouts, next before the Feast of Christs Nativity. Wherein it seemeth that our Ancestors re­posed a kind of Reverence for the neerness of that solemn Feast: so that all contenti­ons in Law were then remitted for a season. Whereupon there was a Statute ordained, Westm. 1. cap. 48. anno 3. Ed. 1. that not­withstanding the said usual solemnity and time of rest, it might be lawfull in respect Justice and Charity, which ought at all times to be regarded, to take Assises of no­vel disseisin, mort d'auncester, and darrein presentment, in the time of Advent, Septua­gesima, and Lent. This is also one of the times, from the beginning whereof unto the end of the Octaves of the Epiphany, the so­lemnizing of Mariages were forbidden., by reason of a certain spiritual joy that the Church, and so consequently every Mem­ber 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 Sep­tuagesima.

Advocatione decimarum, is a Writ that lyeth for the claim of the fourth part or up­ward, 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, justi­fying or maintaining the Act, is said to a­vow. 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 dis­seifinae) li. 4. cap. 26. And I find in Cassa­naeus de consuet. Burg. pag. 1210. (advohare) in the same signification, and pag. 1213. the Substantive (desavohamentum) for a dis­avowing or refusal to avow.

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

Advowzen is of twosorts: advowzen in grosse, that is, sole or principal, not adhe­ring or belonging to any Manor as parcel of the right thereof: advowzen dependant, which dependeth upon a Manor as apper­tinent unto it, termed of Kitchin an inci­dent, that may be separated from the Sub­ject. Of this M. John Skene de verbo sig. hath these words: dicitur advocatio Ecclesiae, vel quia Patronus alicujus Ecclesiae ratione sui ju­ris advocat se ad eandem Ecclesiam, & as­serit se in eadem habere jus Patronatus, e­amque esse sui quasi clientis loco, vel potiùs cùm aliquis (nempe patronus) 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 bene­fice. Anno 25 Ed. 3. stat. 5. ca. unico. There have you also, (Advowe paramount) which is as much as the highest Patron, and is spoken of the King. Advocatus est ad quem pertinet jus advocationis alicujus Ecclesiae, ut ad Ecclesiam, nomine proprio non alieno, possit praesentare. Fle­ta l. 5. ca. 14. § 1. Fitzh. in his nat. br. fol. 39. useth it in the same signification. See Advowzen, and Avowè.

AE

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

Aerie of Coshawkes (aeria accipitrum) [Page]commeth from the French (aiere) signifying so much as (par) in Latine, or (a pair) in Eng­lish. 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 o­ther 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 pe­nalty they think in Conscience the Offen­dour hath deserved. It may likewise pro­bably 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 Affee­rors. And there may be good reason of this, because they are in this business made companions and equals. You shall find this word used anno 25 Ed. 3. st. 7. viz. And the same Justices before their rising in every Sessions, shall cause to be affeered the a­mercements, as pertaineth; and also to the same effect, anno 26 H. 8. cap. 6. Kitchin fo. 78. joineth these 3 words together as syno­nyma. (Affidati, amerciatores, affirours.) Affidare in the Canon law is used for fidem dare, ca. fina. de cognatio. spiritua. in Decretal & ca. super [...]o de testibus. Bracton hath Affi­dare mulierem, for to be betrothed to a Wo­man, li. 2. cap. 12. But I find in the custo­mary of Normandy, ca. 20. this word (affeurer) which the 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 affir­med, &c. as also by M. Crompton in his di­vers Jurisd. fo. 166.

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

Affray (affreia) 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 of­tentimes confounded with an assault, but yet he is of opinion that they differ in this, that where an assault is but a wrong to the Party, an affray is a common wrong: and 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 de­scribed 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 un­to his last day. But it is in the Common Law particularly used for those especial times, which enable men or women to do that, which before for want of age, and so consequently of Judgement, they might not do. And these times, in a man be two, in a woman six. The age of 21 years is termed the full Age, in a man, the age of fourteen years, the age of discretion. Littleton lib. 2. cap. 4. In a Woman there are six several ages ob­served that severally enable her to do six se­veral things, Broke Gard. 7. First, at 7 years of age the Lord her Father may di­strain his Tenents for aid to mary her: for at those years she may consent to matrimo­nie. Bracton lib. 2. cap. 36. nu. 3. Secondly, at the age of nine years she is dowable: for then, or within half a year after, is she able promereri dotem, & virum sustinere. Fleta lib. 5. cap. 22. Littleton lib. prim. cap. 5. which Bracton loco citato doth notwithstanding li­mit [Page]at 12 years. Thirdly, at twelve years she is able finally to ratifie and confirm her former consent given to Matrimony. Fourth­ly, at fourteen years she is enabled to re­ceive her Land into her own hands, and shall be out of Ward, if she be of this age at the death of her Ancestor. Fiftly, at six­teen years she shall be out of Ward, though at the death of her Ancestor she was within the age of fourteen years. The reason is, because 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. Touch­ing this matter, take further these notes per­spicuously gathered. At the age of four­teen years a Striplin is enabled to chuse his own Guardian, and to claim his Land hold­en in socage, Dyer fol. 162. which Bracton li­miteth at fifteen years, li. 2. cap. 37. num. 2. with whom Glanvile also agreeth, lib. 7. ca. 9. And at the age of fourteen years a Man may consent to 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 Lom­berds lettle at 18. years, as appeareth by Hotemans disputations in libros feudorum, l. 2. c. 53. ver. decimo octavo anno. Which pow­er the Romans permitted not usque ad ple­nam maturitatem, and that they 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 bind­eth to appearance before the Sheriff & Co­roner for enquirie after Robberies, ann. 52. H. 3. cap. 24. The age of 14. yeers enableth to enter an order of religion without con­sent of parents, &c. anno 4. H. 4. cap. 17.

Age prier (aetatem precari) or (aetatis pre­catio) is a petition made in count by one in his minority, having an action brought a­gainst him, for lands comming to him by des­cent, that the action may rest untill he come to his full age: which the Court in most ca­ses 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 sta­bulari incipit, unde commoda & propinqua sit pabulatio. Budeus in posteriori libro philologiae. Where also he saith, that (giste) est idem quod lustrum vel cubile. Or if it may be pro­bably deduced from the Saxon word (Gast, i. hospes.) It signifieth in our Common law, to take in and feed the cattel of strangers in the Kings Forest, and to gather the money due for the same to the Kings use, Charta de fo­resta, an. 9. H. 3. cap. 9. The Officers that do this, are called (agistors) in English, Guest-takers, eodem c. 8. Cromptons Jurisdict. fo. 146. These are made by the Kings Let­ters patents under the great Seal of England: of whom the King hath four in number within every Forest, where he hath any pawnage, called agistors, or Gist-takers. And their office consisteth in these four points: (in agistando, recipiendo, imbrevitando, certifi­cando) Manwood parte prima, of Forest laws, p. 336. & 337. whom you may read more at large. Their function is tearmed Agist­ment, as agistment upon the sea banks, anno 6. H. 6. cap. 5.

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

AY

Ayde (auxilium) is all one in significa­tion 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 di­vers particular significations, as sometime to a subsidie, anno 14. Ed. 3. stat. 2. ca. 1. some­time to a prestation due from Tenents to their Lords, as toward the relief due to the Lord Paramount, Glanvile li. 9. ca. 8. or for the making of his sonne Knight, or the ma­rying 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. [Page]and that at what rate themselves listed. But Satute West. 1. anno 3. Ed. 1. ordained a re­straint for so large a demand, made by com­mon persons being Lords, in this case, and tyed them to a constant rate. And the Sta­tute made anno 25. Ed. 3. stat. 5. ca. 11. pro­videth, that the rate set down by the former Statute, should hold in the King, as well as in other Lords. Of this I find mention in the Statute, an. 27. H. 8. cap. 10. This imposi­tion seemeth to have descended to us from 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 che­valier. i. ad filium primogenitum militem faci­endum) the second (son ainee fille marier, i. ad filiam primogenitam maritandam.) And the third, (a rechapter le corps de son seigneur de prison quand il est prius per la guerre au Duc, i. ad corpus domini sui de prisona redimendum cùm captus fuerit pro bello. Ducis Normandiae. Also I find in Cassan. de consuet. Burg. Quòd dominus accipit à subditis pro dotanda filia, pa. 122. which seemeth to be all one with this our imposition: and also in Vincentius de Fran­chis deseis. 131. where he calleth it adjutori­um pro maritanda Filia. Whence it appea­reth, that this custome is within the King­dome of Naples also. Touching this likewise, you may read these words in Menochius lib. 2. de arbitrat, Jud. quaest. centuria 2. cap. 181. Habent saepissimè feudorum possessores & Domi­ni multa in corum ditionibus privilegia, multas­que cum locerum incolis conventiones: inter quas, illa una solet nominari, ut possit Dominus col­lect am illis indicere pro solutione dotium suarum filiarū, cùm matrimonio collocantur. Hoc ali­quando Romae observatum à Caligula fuisse, in illius vita scribit Suetonius, cap. 42. Hodiè hic usus in subalpina regione est frequens, ut scribit Jacobinus, de Sancto Georgio, in tractu de homagiis, col. 8. Etiam pro filia quae religionem ingreditur: & non modò pro una filia, sed pluri­bus filiabus, non tamen pro secundis nuptiis ex­igitur. In which place the said author maketh mention of divers other Civilians and Feu­dists, that record this custome to be in other places. Of this Ayd our Fleta writeth thus: sicut etiam quaedam consuetudines quae servitia non dicuntur, nec concomitantia servitiorum, si­cut rationabilia auxilia ad filium primogenitum militens faciendum, vel ad filiam primogenitam maritandam: quae quidem auxilia sunt de gra­tia & non de jure, pro necessitate et indigentia do­mini capitalis. Et non sunt pradialia, sed perso­nalia, secundum quod perpendi poterit in brevi ad hoc proviso, &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 ex­ample, when a tenent for term of life, by cour­tesie, tenent in tail after possibility of issue extinct, for term of years, at will, by Ele­git, or tenent by Statute-merchant being im­pleaded touching his estate, may petere aux­tlium, that is, pray in ayd of him in the re­version, 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 pe­tere à patrono, Nat. Brev. fo. 50. d. And the new book of Entries, Verbo Ayde de parcener, aux­ilium de parcionaria, fo. 411, Columna 4. This the later practitioners in the Civil Law call authoris laudationem vel nominationem. Emeri­cus in practition. titulo 48. This ayde prier is al­so 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 Sta­tute (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 sim­ple, the day that he died, and a stranger aba­teth [Page]or entreth the same day and dis [...]posses­seth 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 with­out day: the meaning whereof is, to be fi­nally 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 an­other man. To alien in mortmain, is to make over lands or tenements to a Religious com­pany, or other body politique: Stawnf. prae­rog. fo. 40. Look Mortmain. To alien in fee, is to sel the fee simple of any land or tene­ment, or of any incorpore all right. West. 2. ca. 25. an. 13 Ed. 1.

Alien, alias, alion (allenigena) 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 ne­ver 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 obedi­ence 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 obe­dience, is no alien in account, but a subject to the King. Statute 2. a. 25. Edw. 3. c. unico. commonly called the Statute, de natis ultra mare. Also if one born out of the Kings alle­giance, come and dwell in England, his chil­dren (if he beget any here) be not aliens, but denizens. Terms of the Law. See Deni­zen.

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 rea­son 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 nummario­rum debitorum solutionibus, cap. 1.

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

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

Almaine rivets, be a certain light kind of ar­mor 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 con­sideration.

Almner (eleemosynarius) is an officer of the Kings house, whose function is, fragmen­ta diligenter colligere, & ea distribuerre singulis diebut egenis: agrotos & leprosos, incarceratos, pauperes (que) viduas, et alios egenos vagos (que) in pa­tria commorantes, charitative visitare: item e­quos relictos, robas, pecuniam, et alia ad elec­mosynam largita, recipere & fideliter distribue­re. Debet etiam regem super eleemosyne largi­tione crebris summonitionibus stimulare, & prae­cipne diebus Sanstorum, & rogare ne robas su­as quae magni sunt pretii, histrionibus, blandito­ribus, adulatoribus, accusatoribus vel ministral­lis, sed ad eleemosynae suae incrementum jubeat largiri, Fleta, lib. 2. cap. 22.

Almoine (eleemosyna.) See Frank almoyne.

Almond (amygdalum) is well known to every mans sight: it is the kernel of a nut or stone, which the tree in Latine called (amyg­dalus) 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 con­venient, 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 ac­comptable to the king for every cloth so sea­led [Page]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. Cromp­tons Juflice of Peace, fol. 156. b.

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

Amerciament (amerciamentum) signifieth the pecuniarie punishment of an offendor a­gainst the king or other Lord in his court, that is found to be (in misericordia) i. to have of­fended, and to stand at the mercy of the King or Lord. There seemeth to be a difference between amerciament and fines, Kitthin, fol. 214. And I have heard common Lawyers say, that fines, as they are taken for punishments be punishments certain, which grow 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 Fo­rest Lawes, pag. 166. seemeth to make ano­ther difference, as if he would inferre an a­merciament to be a more easie, or more mer­cifull 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 other­wise it is, if the defendant himself doe ap­pear, and be ready in Court before the Lord Justice in eyr, to receive his judgement, and to pay his fine. But if such pledges do make default, in that case the pledges shall be a­merced, but not fined, &c. The Author of the new terms of law, saith, that amercia­ment 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 of­fence. 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) u­sus, qui omnino multò antiquior est, quam recen­tiores quidam scriptores suspicantur. Et annates more suo appellant primos fractus unius anni sa­cer dotii vacantis, aut dimidiam eorum partem. Sanè hoc vectigal jam pridem, cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet, & cum oportuerit pro dignitate, pro officio, multos magnos (que) facere sumptus, paulatim im­positum fuit sacerdotiis vacantibus quae ille con­ferret: de qua quidem re ut gravi, saepe recla­matum fuisse testatur Henricus Hostiensis, qui cum Alexandro 4. Pontifice vixit, sic ut Fran­ciscus Zabarellus tradat posthac in concilio Vien­nensi, quod Clemens quintus indixit (qui factus est Pontifex anno salutis humanae, 135.) agita­tum fuisse, ut, eo deposito, annatum onere vigesi­ma pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici, & id quidem frust­rà, Quare Pontifex annatas in sua massa retinuit, ut ne indidem exire possent: lege caetera.

Anniented, 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 Chap­laines, whom he shall think good to name unto him, being as yet unprovided of suffici­ent living, doth demand the same of the said Abbot or Prior for one, whose name is com­prised in the same writ, untill, &c. and also willeth him, for his Chaplaines better assu­rance, to give him, his Letters patents for the same. Register orig. fol. 265, & 307. & Fitz. nat. br. fol. 231. where you may see the names of all the Abbeys and Priories bound unto this, in respect of their Foundati­on or creation: as also the form of the Let­ters [Page]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 cer­tain every year, not satisfying it according to the Grant. Register Origin. fol. 158. Fitzh. nat. br. fol. 152. The Author of the new terms of Law defineth (annuitie) to be a cer­tain 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 Stu­dent) 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 gran­ted 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 Mer­chant, 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 ani­sum, 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 (nui­sance, i. incommodum, noxa) and hath a dou­ble signification, being used as well for any hurt done either to a publick place, as (high­way, bridge, or common river) or to a pri­vate, by laying any thing, that may breed in­fection, 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 a­gainst 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 Chan­cery, under their Common seal, and praying this Writ directed to the Sheriff for the ap­prehension of such Offendour, and for the de­livery of him again to his Abbot or Prior, or their lawfull Attorney, were wont to obtain the same. The form wherof, with other circum­stances, you shall find in the Register orig. fol. 71, & 267. and Fitzh. natur. br. fol. 233. C.

Apparlement, commeth of the French (pa­reilement, i. similiter, perinde, itidem) and sig­nifieth a resemblance, as apparlment of War, anno 2 R. 2. stat. 1. ca. 6.

Appeal (appellum) commeth of the French (appellor, i. accire, accersere, nominare, evocare, clamore aliquem flagitare.) Itsigni­fieth in our Common-law, as much as (accu­sati [...]) with the Civilians. For as in the Ci­vil-law, Cognisance of criminal Causes, is taken either upon inquisition, denunciation, or accusation: so in ours, upon indictment or appeal, indictment comprehending both inquisition and denunciation. And accu­sation or appeal, is a lawfull declaration of a­nother mans crime (which by Bracton must be felony at the least in the Common-law) before a competent Judge, by one that set­teth his name to the Declaration, and un­dertaketh to prove it, upon the penalty that may ensue of the contrary. To declare the whole course of an Appeal, were too much for this Treatise. Wherefore for that, I must refer you to Bracton lib. 3. tract. 2. c. 18. 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 su­pra. 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 deli­ver this VVrit to the Sheriff to be recorded. Appeal by Bill is, when a man of himself gi­veth 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 plain­ly [Page]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 there­of is but in sort an action of Trespass: because there is nothing recovered but dammages. Bracton calleth this (appellum de plagis & ma­hem [...]o) and writeth of it a whole Chapter, l. 3. tract. 2. ca. 24. See S. Edw. Cook 4. vol. fo. 43. a.

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

Appeal (appellatio) used in our Common law divers times, as it is taken in the Civil Law: which is a removing of a cause from an inferi­our 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 ac­cusation of a murtherer, by a party who had interest in the party murthered, or of any fe­lon by one of his complices in the fact. See Approver.

Appendant (appendens) is any thing belong­ing to another, as accessorium principali, with the 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 signi­fieth in our common law, things both corpo­rall, belonging to another thing, as to the more principall: as Hamlets to a chief Man­nor, 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 com­mon of Pasture, turbary, and piscary, to be things corporal. Look Common.

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

Apprentice (Appenticius) 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 ano­ther man of Trade, for certain years, upon Condition, that the Artificer or man of Trade, shall in the mean time endeavour to instruct him in his Art or Mysterie. S. Thomas Smith, in his Book de rep. Ang. l. 3. c. 8. saith, that they are kind of Bondmen, dif­fering only, in that they be Servants by Co­venant and for a time. Of these you may read divers Statutes made by the wisedome of our Realm, which I think superfluous here to mention.

Appropriation (appropriatio) proceedeth from the French (approprier, i. aptare, accom­modare) and properly signifieth, in the law of England, a severing of a benefice ecclesiasti­cal (which originally and in nature is, juris divi [...]i & in patrimonio nullius) to the proper and perpetual use of some Religious House or Dean, &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 rea­son of their perpetuity, are accounted owners of the fee simple, and therefore are called proprietarii. And before the time of Richard the second, it was lawfull (as it seemeth) simply, at the least by mans law, to appro­priate the whole fruits of a benefice to an Abbey or Priory, they finding one to serve the cure. But that King made so evill a thing more tolerable by a Law, whereby he ordained, that in every licence of appropria­tion 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 obtai­ned of the King in Chancery, the consent of the Diocesan, Patron, and Incumbent are necessary, if the Church be full: but if the Church be void, the Diocesan and the Patron upon the Kings license may conclude it. Plowden ubi supra. To dissolve an appropri­ation, [Page]it is enough to present a Clerk to the Bishop. For, that once done, the benefice re­turneth to the former nature. Fitz. nat. br. fol. 35. E.

Approvour (approbatur) 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 ap­peal, 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 al­bo adjicere) it signifieth in the Common law to augment, (or as it were) to examine to the ut­termost. For example: to approve land, is to make the best benefit thereof by increasing the rent, &c. So is the Substantive (Approvement) used in Cromptons Jurisd. fol. 153. for the pro­fits themselves. So is it likewise in the Statute of Merton, ca. 4. anno 2. H. 3. land newly ap­proved, Old nat. br. fol. 79. So the Sheriffs called themselves the 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 es­pecially sent into leveral Counties of the Realm, to increase the Farms of Hundreds and Wapentakes, which formerly were set at a cer­tain rate to the Sheriffs, who likewise demised them to others, the County-Court excepted.

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

AR

Arbitratour (arbiter) may be taken to pro­ceed 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 gene­ral, that is, including all actions, quarrels, exe­cutions, and demands; and special, which is of one or more matters, facts, or things specified, codem sect. 2, 3, 4. The Civilians make 2 dif­ference between (arbitrum & arbitratorem) li. 76. π. pro socio. For though they both ground their power upon the compromise of the par­ties: yet their liberty is divers. For arbiter is tyed to proceed, and judge according to Law, with equity mingled: arbitrator is per­mitted wholly to his own discretion, without solemnity of process, or course of Judgement, to hear or determine the controversie com­mitted 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, com­monly called Bow-Church, where it is kept. And the Church is called Bow-Church of the fa­shion of the Steeple or clocher thereof, whose top is raised of stone Pillars, builded Arch­wise, 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 Ju­risdiction of thirteen Parishes in Londor, ter­med a Deanrie, being exempted from the au­thority of the Bishop of London, and belonging to the Archbishop of Canterbury: of which the Parish of Bow is one and the chief, because the Court is there kept. Some others say, that he was first called Dean of the Arches, because the official to the Archbishop, being many times 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 jurisdiction of this Judge is ordinary, and extendeth it self thorow the whole Province of Canter­bnry. So that upon any Appeal made, he forth­with and without any further examination of the Cause, sendeth out his Citation to the par­ty appealed, and his inhibition to the Judge from whom the Appeal is made. Of this he that will may read more in the book, intituled [Page] 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 significa­tione.

Array (arr [...]ia, alias arraiamentum) com­meth 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 im­pannelled. 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, Kit­chin, fol. 92.

Arrayers seemeth to be used in the Sta­tute, 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 ar­raineth an assise of Novel disseisin. Also a Prisoner is said to be arrained, where he is in­indicted and brought forth to his Tryal. Ar­rained within the Verge for murther, Stawnf. pl. cor. fol. 150. The course of this arrain­ment you may read in Sir Tho. Smith, de rep. Angl. l. 2. c. 23.

Arrearages (arreragia) 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 Tira­quel de utroque retractu, tomo 3. p. 32. num. 10.

Arrest (arestum) commeth of the French (arrester, i. retinere, retare, subsistere) or ra­ther 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 deba­ted or disputed to and fro: as (arrest du Senat, i. placitum curiae.) In our Common law it is taken most of all for a stay or stop, as a man ap­prehended for debt, &c. is said to be arrest­ed. 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. Replea­der. Take this of the learned Master Lam­bert, in his Eirenarch lib. 2. c. 2. p. 94. Budae, saith he in his Greek Commentaries is of opi­nion, that the French word (Arrest) which with them signifies a decree or judgement of Court, took beginning from the Greek [...], i. placitum, and as we might say, the pleasure and will of a Court. And albeit it were not out of the way, to think that it is called an Ar­rest, because it stayeth or arresteth the party; yet I believe rather, that we receive the same from the Norman laws, because we use it in the same 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 be­gan, an arrest is a certain restraint of a mans person, depriving him of his own will and liber­ty, and binding it to become obedient to the will of the Law, and it may be called the be­ginning of imprisonment. Precepts and Writs of the higher Courts of Law do use to express it by two sundry words: as (capias) and at­tachies) which 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 con­veyed, &c. For that the Officer hath, after a sort, taken him before, in that he commeth un­to him, and requireth him to go to some Ju­stice of the Peace. Thus far M. Lambert. And belike this word is spread farther than France: for Gaile a German Writer sheweth by his Tractate de arrestis imperii, that it is used also in the imperial Territories, and in the same sig­nification, c. 1. n. 1.

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

Arrestando ipsum qui pecuniam recepit ad pro­ficiscendum in obsequium regis, &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 alienige­norum, &c. is a Writ that lyeth for a Deni­zen against the Goods of Strangers of any other Country, found within the Kingdom, in recom­pence 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 barbarous­ly represaliae.

Arretted (arrectatus) is he that is covenan­ted before a Judge, and charged with a crime, Stawn. pl. cor. li. 2.45. quasi ad rectum vocatus. It is used sometime for Imputed or laid unto, as, no folly may be arrected to him being un­der age. Littleton, cap. Remitter. The Latine Substantive Rettum is used in the Register orig. Chawcer useth the verb Arretteth, id est, lay­eth blame, as M. Speight interpreteth it. I may probably conjecture that this word is the La­tine (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 cer­tain Statues made touching persons and causes Ecclesi astical, an. 9 E. 2. like unto which there were others made, an. 14 E. 3. stat. 3.

AS

Assay of measures and weights (assais mensura­rum & ponderum) Reg. orig. fo. 279, is the ex­amination used by the Clark of the Market.

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

Assault (insultus) commeth of the French verb assailer, i. adoriri, appetere, invadere; which French proceedeth also from the Latine assili­re, i. vim afferre, oppugnare. It signifieth in out Common law, a violent kind of injury offe­red 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 qua­cunque alia re assiliatur. Zasius de feud. parte 10. nu. 38. And assilere est vim adferre, adoriri, oppngnare, lib. feud. 1. titulo 5. §. 1.

Assach seemeth to be a Welsh word, and to 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, signify­ing as he saith, to make plain, or to furnish, but rather indeed, to set in order, and hand­somely to dispose. Assertum est, quod redactum est ad culturam, Fleta lib. 4. ca. 21, §. Item re­spondere. It signifieth, as much as the said M. Manwood saith, n. 1. ubi supra, an offence committed in the Forest, by plucking up those woods by the roo [...]s, that are thickets or coverts of the Forest, and by making them plain as ea­rable land: where he also saith, that an as­sart of the Forest is the greatest offence or tres­pass of all other that can be done in the Forest, to vert or venison, containing in it as much as the Waste, or more. For whereas the waste of the Forest, is but the felling and cutting down of the coverts, which may grow again in time, an assart is a plucking them up, &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 & radici­tus avulsis, terra subversitur & excolitur. And again out of the Register origin. fol [...] 257. a, b. in the Writ Adquod damrum, sent out in case where a man sueth for a Licence to assart his grounds in the Forest, and to make it several for tillage. So that it is no offence if it be done with licence. To this may Bracton also be ad­ded, lib. 4. cap. 38. num. 11. where he saith that these words, boscus efficitnr assartum, sig­nifie 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 Disbos­catio Decis. Genu. 78.

Assembly unlawfull (illicita assemblata) com­meth 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 [Page] 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 plea­deth Assets faith nothing, but that he against whom he pleadeth hath enough descended or come to his hands, to discharge that which is in demand. The Author of the new Terms of law maketh two sorts of Assets, viz. assets par 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 sig­nifications: one general, as to appoint a depu­tè, or to set over a right unto another. In which signification, Briston, fo. 122. saith, This word was first brought into use for the fa­vour of Bastards, because they cannot run un­der the name of Heirs to their Fathers, and therefore were 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, co­d [...]m fo. 17. that is, to declare how and where the judgement is unjust. To assign a false ver­dict, codem fol. 112. and to assign an Oath to be false, an. 9 R. 2. c. 3. To assign the Ces­sor, Old nat. br. fol. 1341. to 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 Ad­jective (assignee, assignatus) viz. for him that is appointed or deputed by another, to do any Act, or perform any business, or enjoy any com­modity. And an assignee may be either in deed, or in Law. Assignee in deed, is he that is ap­pointed by a Person: an assignee in Law, is he whom the Law so maketh, without any ap­pointment of the Person. Vide Dyer, fol. 6. nu. 5. Perkins in Grants saith, that an assignee is he that occupiesh a thing in his own right: and Deputè, he that doth it in the right of a­nother.

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 sub­stantial 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 per­petual 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 me­taphorically it is used of things incorporeal, as asseoir son jugement sur quel que lieu, is, inter­ponere 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, ap­pointed, limited, or determined, viz. au jour qui est assis àfaire la battaille, se doibuent les champions offrir à la justice; That is, At the day which is appointed for the combat, the Champions ought to offer themselves to the Iustice. So that by all these places compared together, it is evident whence the original of this word assise floweth. How diversly it is u­sed in our Common law, it followeth that we declare. First, Littleton in the Chapter Rents saith, that it is aequivocum: where he setteth down three several significations of it; one, as it is taken for a Writ: another, as it is used for a Iury: the third, as for an Ordinance. And him, he that listeth may read more at large. My Collections have served me thus; first, as­sise is taken for a Writ directed to a Sheriff, for the recovery of possession of things immove­able, 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-ser­vice, 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 Ma­gistrates 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 [Page]possessorium recuperandi.

Assise of mort d'auncester (assisa mortis an­tecessoris) 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 aba­teth: and it is good as well against the Abatour, as any other in possession. How likewise this is extended, see Bracton lib. 4. trast. 3. per to­tum. Britton ca. 70. cum multis sequent. Fitzh. Nat. br. fo. 114. Regist. orig. fo. 223. This the Civilians call Judicium possessorium adipiscen­d [...].

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

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. Second­ly, they were originally sped and executed at a certain time and place formerly appointed. For by the Norman law, the time and place must be known forty days before the 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 As­sises; 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 Iu­stices were appointed by special Commission, to dispatch controversies of possession, one or more, in this or that only County, as occasi­on fell out, or disseisins were offered, and that as well in Term time, as out of Term: where­as of later daies, we see that all these Commis­sions 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 ei­ther 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 be­ginning of the Record of an Assise of novel dissei­sin, 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 gi­veth to be this, because by writ of Assise, the Sheriff is commanded, quod faciat duodecim li­beros & legales homines de viceneto, &c. Videre Tenementum illud, & nomina corum imbreviari, & quòd summoneat eos per bonas summonitiones, quòd sint coram Justiciariis, &c. parati inde fa­cere 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 [...], or abusively so termed. Assise in this signica­tion 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 as­sise 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) where­by those that be accused of any hainous crime, and not able to purge themselves by fire and water, but must abjure the Realm, had liber­ry 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 par­ticularly than any I have heard, parte poster, su­orum annalium, fo. 313. b. in Henrico secundo. Assise of the Forest (assisa de Foresta) which is a statute or condition touching orders to be ob­served 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. [Page] Edw. 1. Stat. 1. called the Statute for view of Frank-pledge. And these be called assises, be­cause they set down and appoint a certain mea­sure, tate, or order in the things which they con­cern. Of Assise in this singnification doth Glanvile also speak, lib. 9. c. 10. in fine. Ge­raliter verum est quod de quolibet placito quod in comitatu deducitur & terminatur, misericordia quae inde provenit, vicecomiti aebetur: quae quan­ta sit, per nullam assisam generalem determina­dum est. And thus much touching 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 quanti­ty it self, (and that per Metonymiam effecti) be­cause it is the very scantline described or com­manded 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 there­of, as the issue or verdict of the Jury. For ex­ample, assises of new disseisin, &c. shall not be taken, but in their shires, and after this man­ner, &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 As­sises may be deferred, &c. And anno 34 Ed. 1. Stat. 2. if it be found by assise: the assise is ar­rained: 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 Te­nents, &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 sacra­mentis consistit. li. 2. c. 7. Bracton useth it in like sort: as assisa cadit in transgressionem, lib. 4. c. 30. & assisa cadit in perambnlationem, eodem c. 31. num. 2. Fleta defineth an assise in this signi­fication, thus: Assisa in jure possessorio, est quae­dam recognitio duodecim hominum juratorum, per quam Justicjarii certiorantur de articulis in bre­vi contentis. And assise also thus signifying, is said sometime to pass (per modum assisae) and sometime in modum juratae; in manner of an as­sise, 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 dis­able 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 suc­cessionis, causa donationis, pactum sive conditio vel conventio, voluntas & disimulatio, transactio, vel quistaclamatio vel remissio confirmatio sive consen­sus, propria usurpatio rei propriae, difficultas Ju­dicii, justum judicium, finis, chirographum, intru­sio in rem alienam, vel disseisina, si incontinenti rejiciatur, negligentia quae per transitum temporis excludit actionem. Fleta lib. 4. c. 10. § 1. whom read also to this point, c. 11. §. Si autem à do­mino, and at large, c. 16. ejusdem libri. & l. b. 5. c. 6. §. Item vertitur assisa & seq. And note, that 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 In­fant bringeth an assise, and the deed of his An­cestor 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, with­out farther circumstance, pleadeth directly con­trary 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 prin­cipal 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 dissei­sin can come to be decussed. Of this sort read divers others examples in Bracton l. 4. parte 1. c. 34. For there be of them (as he saith) and Britten also, c. 52. both dilatory and perempto­ry, The fourth and last manner is: Assise of right of dammages, and that is, when the Te­nent confessing a putting out, and referring it to a demurrer in Law, whether it were rightly done or not, is adjudged to have done wrong. For 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 pro­cesses [Page]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 speak­eth 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 speci­all, in this signification: as if an especial Com­mission should be granted to certain (as in anti­ent times they often were, Bracton lib. 3. c. 11. in fine) for the taking of an assise upon one dis­seisin 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 signi­fication 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 dis­seisiverit &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 significati­ons. 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, divisi­on 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 consist­eth 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 con­tinuance of the cause, in case where certain Records alleged, cannot in time be procured by the party that would use it, Reg. orig. f. 217.

Assisa praeroganda, it is a Writ directed to the Justices of Assise, for the stay of proceed­ing, 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 Ter­miner, &c. to take others unto them as fel­lows & collegues in that business. The deriva­tion is plain: the examples and sundry uses here­of 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 De­fendant 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 a­nother. This word containeth any verbal pro­mise made upon consideration, which the Ci­vilians express by divers words, according to the nature of the promise, calling it sometime pactum, sometime sponsionem, sometime promis­sionem, pollicitationem or constitutum; the word seemeth to be drawn from the Latine (assump­tio) quae significat professionem, l. π. ad municipa­lem.

AT

Attache (attachiare) commeth of the French (attacher, i. figere, nectere, illigare, defigere, alli­gare.) 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 attach­ment out of higher Courts by Precept or Writ: and that a Precept to arrest, hath these formal words (ducifacias, &c.) and a Writ of attach­ment these words (praecipimus tibi quòd atta­chies 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 at­tacheth, keepeth the Party attached, and pre­senteth him in Court at the day assigned in at­tachment. Yet I observe out of Master Kit­chin, that an attachment issueth out of a Court Baron, which is a low Court, cap. Attach­ment in Court Baron, fol. 79. Another difference there is, that an arrest lyeth only upon the bo­dy of a man, and an attachment sometime up­on 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 attach­ment 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 Ba­ron a man shall be attached by his goods; and a (capias) shall not go out thence: whereby I gather, that an attachment is more general, taking hold of a mans goods, and a (capias) of [Page]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 Acti­ons personal, as Bracton plainly setteth down, lib. 4. tract. 4. cap. 5. num. 3. Where never­theless it appeareth, that a (cape) may be likewise used in an Action personal. An at­tachment (as is formerly said) taketh hold of moveable goods, or the body. For it appear­eth by Kitchin, fol. 263. that a man may be at­tached 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 Sum­mons, Attachment, and Distress, our of the Old nat. br. fol. 27. where it is said, that a Process in a (quare impedit) is Summons, Attachment, and one Distress, and again, fol. 28. where speaking of the Writ Ne admittas) he saith thus: And the Process is one prohibition; and upon the prohibition an Attatchment or Di­stress; and fol. 32. in a Writ of (Indicavit) you have these words: And after the attachment returned, the Distress shall go out of the Roles of the Justices. Bracton on the other side, l. 5. tract. 3. c. 4. num. 2. sheweth, that both (at­tachiamentum, & magnum cape, districtiones sunt.) Of which opinion Fleta also is, li. 5. ca. 24. §. si autem aed. But there also he saith, that (attachiamentum est districtio personalis, & cape magnum districtio realis.) So that by his opinion, districtio is (genus) to Attachment. Britton in his 26 Chapter, hath words to this effect: But in Attachment of Felony, there 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 di­streined, it must be awarded that he take their bodies &c. In which place, an Attachment is plainly used, for an apprehension of an Offen­der by his goods. So that to conclude, I find no difference between an Attachment, and a Distress, but these two: That an Attachment reacheth not to Lands, as a Distress doth; and that a Distress toucheth not the body (if it be properly taken) as an attachment doth. Yet are they divers times confounded, as may ap­pear by the places formerly alleged, and by Glanvil. lib. 10. cap. 3. and Fleta lib. 2. cap. 66. & seq. Howbeit, in the most common use, an At­tachment is an apprehension of a man by his Body, to bring him to answer the action of the Plaintiff: a Distress is the taking of another mans goods, for some real cause, as rent, ser­vice, or such like, whereby to drive him to re­plevy, and so to be Plaintiff in an action of Trespass, against him that distreined him. And so much for the difference, and coherence of these words. See also Distress.

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

There is an attachment of Privilege, which is a power to apprehend a man in a privileged place, or else, by vertue of a mans privilege, to call another to this or that Court, where­unto he himself belongeth, and in respect whereof he is privileged. New book of En­tries, verbo Privilege, fo. 431. col. 2. There is also a forein attachment, which is an attach­ment of a Foreiners goods found within a Li­berty 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. Man­wood, parte 1. pag. 93. And this attaching is by three means, by Goods and Cattels, by Bo­dy, Pledges, and Mainprise, or by the body only. The Court is kept every fortie daies throughout the year. And he that hath oc­casion to learn more of this, I refer him to M. Manwood, loco quo supra, and to M. Crompton in his Court of the Forest. Attachment is com­manded in Writs, the diversitie whereof [Page]you may see, in the Regist. orig. under the word Attachiamentum, in Indice.

At large, see Assise at large in the word As­sise, 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 ex­tended, Fitz. nat. br. f. 105. and the new Book of Enteries, f. 84. colum. 1. The reason why it is so called, seemeth to be, because the party that obtaineth it, endeavoureth thereby to touch, deprehend, or 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. asse­qui, attingere.) It is used in our Common law, particularly for such as are found guilty of some crime or offence, and especially of Fe­lony or Treason. Howbeit a man is said to be attainted of Disseisin, Westm. 1. cap. 24 & 36. anno 3 Ed. 1. And so it is taken in French likewise (as estre attaint & vayncu en aucuncas) is to be cast in any cafe. Which maketh me to think that it rather commeth from (attain­dre) as we would say in English catched, o­vertaken, or plainly deprehended. And Brit­ton, 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 be­fore the Coroner in Sanctuary, where he upon his Confession was in former times constrain­ed to abjure the Realm: which kind also, of the effect, is called attainder by abjuration. Idem fol. 182. Attainder by battel is, when the party appealed by another, and chusing to try the truth by combat rather than by Jury, is vanqui­shed. Idem fol. 44. Attainder by verdict is, when the Prisoner at the bar, answering to the endire­ment, not guilty; hath an 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 Coun­ty, 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 di­versity 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 e­very such Offender being duly thereof convict­ed, or attainted, by the Laws of this Realm &c. And again, in these words: every Wo­man that is, or shall fortune to be Wife of the person so attainted, convicted, or out-law­ed, &c. To this you may likewise adde the Sta­tute, 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 appear­ed he was no clerk or being a Clerk, & demanded of his Ordinary, could not purge himself. So that a man was not attainted upon Convi­ction, except he were no Clerk: and in one word it appeareth, that Attainder is larger than Con­viction; Conviction being only by the Jury.

And attainder is not before Judgement, Per­kins 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, prae­stolari) it signifieth in our Common law, one that oweth a Dutie or Service to another, or after a sort dependeth of another. For ex­ample, there is a Lord, Mesn, and Tenent: the Tenent holdeth of the Mesn by a pennie; the Mesn holdeth over by two pence. The mean releaseth to the Tenent all the right he hath in [Page]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 a­greeth 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 incli­nare.) 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 an­cient time, those of authority in Courts, had it in their arbitrement, whether they would suffer men to appear, or sue by any other than themselves, as is evident by Fitzh. nat. br. fol. 25. in the writ Dedimus potestatem de atturnato fa­ciendo, where it is shewed, that men were dri­ven to procure the Kings writs or letters pa­tents to appoint Atturneys for them: it is si­thence 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 com­mandeth the Judges to admit of Atturneys. Whereby there grew at the last so many unskil­fnl Atturneys, and so many mischiefes by them, that provision for restraining them was re­quisite. Wherefore anno 4 H. cap. 18. it was ordained, that the Justrces should examine them, and displace the unskilful. And again, anno 33 H. 6. cap. 7. that there should be but acertain number of them in Norfolk and Suf­folk. 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 au­thority 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 em­ployed in one or more causes particularly spe­cified. Atturneys-general, be made after two sorts: either by the Kings letters patents be­fore him or the Lord Chancellour, or by our ap­pointment before Justices in Eyr in open court, Glanvile l. 11. c. pri. Britton, c. 126. whom of this thing you may read more at large. There be also in respect of the divers Courts, 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. significa­tione. 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 & Libera­tur 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 heredi­taments limited to the Survey and govern­ment of this Court; and to procure the Kings profit thereof: truly to counsel the King, and the Master of the Court, in all things concern­ing the same, to the best of his cunning, wit, and power: and with allspeed and diligence, from time to time at the calling of the Master, to endeavor himself for the hearing & determina­tion indifferently of such matters and causes, as depend before the Master: not to take any gift or reward in any matter or cause depend­ing in the Court, or elsewhere, wherein the King shall be party, whereby the King shall be hurt, 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 Lanca­ster (Atturnatus curiae Ducatus Lancastriae) is the second Officer in that Court; and seemeth, for his skill in law, to be there placed as (asses­sor) to the Chancellor of that Court, being for [Page]the most part, some honorable man, and cho­sen rather for some especial Trust reposed in him, to deal between the King and his Te­nents, 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 ano­ther, which are in the occupation of a third, cannot get possession: yet see the Statute, anno 27 H. 8. cap. 16. The words used in At­turnment are set down in Littleton. I agree me to the Grant made to you, &c. But more common Atturnment is to say: Sir, I atturn to you by force of the same Grant: or I be­come 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 pro­ceedeth from more Law than Logick: because he setteth down divers other Cases in the same Chapter, whereto Attourn­ment apperraineth as properlie as unto this. But you may perceive there, that Atttournment is the transposing of those Du­ties that the Tenent ought to his former Lord, unto another, as to his Lord: and also, that Attournment is either by word, or by act, &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, At­tournment may be made to the Lord himself, or to his Steward in Court, Kitchin fo. 70. And there is attournment in deed, and attourn­ment in Law, Coke vol. 6. fo. 113. a. Attourn­ment in Law, is an Act, which though it be no express Attournment, yet in intendment of Law is all one.

Atturnato faciendo vel recipiendo) is a Writ which a man owing 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 Assem­bly, Insurrection, or heinous Demeanour or Trespass is committed in any place; for the appeasing, and punishment thereof, which you may read at large, in Fitzh. nat. br. fol. 110. See also Oyer & Terminer.

Audience Court (Curia audientiae Cantuarien­sis) is a Court belonging to the Archbishop of Canterbury, of equall authority with the Arches Court, though inferiour both in digni­tie 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 fi­nally determine any thing, he did usually com­mit them to be discussed by certain learn­ed men in the Civil and Canon laws, whom thereupon be termed his Auditors. And so in time it grew to one especial man, who at this day is called (Causarum negotiorum­que audientiae Cantuariensis anditoriseu officialis.) And with this Office hath heretosore com­monly been joined the Chancerie of the Arch-Bishop, who medleth not in any point of con­tentious? Jurisdiction, that is, deciding of Causes between party and party (except such as are ven­tilated pro forma only, as the confirmation of 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, dispen­cing 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 (Sta­tute-Merchant) of another, and craving or ha­ving 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 Ju­stices 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 Offi­cer of the King, or some other great Personage, which yearlie by examining the Accounts of all under Officers accountable, maketh up a [Page]general Book, that sheweth the difference be­tween their receipts or burthen, and their al­lowarces, commonly called allocations) as namely, the Auditours of the Exchequer take the accounts of those Receivors, which re­ceive 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 re­ferre 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 re­ceived the week before. He maketh also (De­bentures to every Teller, before they pay a­ny money, and taketh their accounts. He kepeth the Black book of the Receipts, and the Treasurers key of the Treasury: and seeth eve­ry Tellers monies locked up in the new Trea­sury.

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

Average (averagium) by M. Skenes opini­on (verbo arage) de verborum significatione, com­meth of the word (averia) i. a beast, and so consequently signifieth service which the Te­nent oweth to the Lord, by horse, or carriage of horse. I have heard others probably derive it from the French (euvrage) or (euvre, i. opus.) It seemeth with us to have two divers signifi­cations: For the first, Rastall titulo, Expo­sition of words, maketh mention of the Kings a­verages, which I take to be the Kings caria­ges by horse or cart. Then anno 32. H. 8. ca. 14. and anno 1. Jacobi, ca. 32. it is used for a cer­tain contribution that Merchants and others 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 tem­pest. 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 ex­ception pleaded in abatement or barre of the Plaintiffs act. But me thinketh it should ra­ther signifie the act, than the offer or justify­ing the exception, by divers places where I find it used. For example, an. 34. Ed. 1. stat 2. And the demandant will offer to aver by the 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 hou­ses and their lands, as were given unto him by act of Parliament the same year not printed. For the dissolving of which court, there was authority given to Queen Mary, by the Par­liament held the first year of her reign, ses. 2. cap. 10. which she afterward put in execution by her letters patents. The name of the Court grew from this, that the revenues of the Crown were augmented so much by the suppression of the said houses, as the King reserved unto the Crown, and neither gave nor sold away to o­thers.

Aulne of Renesh wine. a. 1. Ed. 6. cap. 13. a­lias, Awme of 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 [Page]I dare not be over confident. But it may probably be thought to be called (awnsell weight, quasi hand sale weight) because it was and is performed by the hand, as the other is by the beam. And if I should draw i [...] from the Greek, [...], i. cubitus, the part of the arm from the elbow to the fingers ends, I might challenge a good warrant of this from the Ro­mans; who thence derived their (ancile) i. the luckie shield, that was said to be sent from heaven in a tempest to Numa Pompilius, toge­ther 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 te­nure 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, af­ter 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 bene­fit 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. Second­ly, 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 Te­nents held by the service of prowing the Kings land, by plashing his hedges, or by such like, to­ward 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 De­maine.

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 Ad­vowzen of any Church appertaineth, so that he may present thereunto in his own name, and is called Avowè, for a difference from those that sometime present in another 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.

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 compa­ny as be springing towards the estate of those [Page]that be employed in councel, but as yet are in­feriors. For every company of the twelve con­sisteth of a Master, two Wardens, the Livery, which are assistants in matters of counsel, or at the least such as the assistants be chosen out of, and the Bachelers, which are yet but in ex­pectance of dignity among them, & have their function only in attendance upon the Master and Wardens. I have read in an old monu­ment, this word 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 af­ter the rate of his estate and degree. This word is used, an. 13 R. 2. stat. 2. cap. 1, and signifieth as much as 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 Rena­no, à Bacillo nominati sunt, quia primi studii au­thoritatem, quae per exhibitionem baculi concedeba­tur, jam consecuti fuissent. Ut fuerit velut quoddam mancipationis signum in hujusmodi aliquod studi­um baculi traditto. Alciat writeth the word, baccalaurei, eosque dicit visos à baccâ laureâ no­men sumpsisse in l. cui praecipua 57 π. de verbo signif.

Backberond, is a Saxon word, and almost Eng­lish at this day, signifying as much as bearing upon the back, or about a man. Bracton useth it for a signe or circumstance of manifest theft, which the Civilians call Furtum manifestum. For dividing Furtum, in manifestum & non ma­nifestum, he defineth furtum manifestum in this sort: Furtum verò 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. sar­cina, impedimentum) It signifieth with us, one that buyeth corn or victuals in one place, and carrieth it into another. See Cromptons Justice of Peace. f. 69 & 70.

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, tri­buere.) It is used in our Common law properly for the freeing or setting at liberty of one ar­rested or imprisoned upon action either civil or criminal, under surety taken for his appear­ance at a day and place 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 ju­dice, or slight proof, being called common, be­cause any Sureties in that case are taken: wheras upon causes of greater weight, or apparent spe­cialty, 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 diffe­rence 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 appear­ance, 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, accord­ingly 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 provin­ciae) 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 magistra­tibus Francorum, lib. 2. cap. Parlamentum) which be high Courts, whence lieth no appeal; and within the precincts of those several parts [Page]of that kingdom, that belong to each Parlament there be severall provinces, unto which, with­in 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 inha­bitants of each Countie, by the officer whom we now call Sheriff or Vicount (one name de­scending from the Saxons, the other from the Normans.) And though I cannot expressely prove, that this Sheriff was ever called a Bay­liff: 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 re­ceptionem hujus brevis) Kitchin, returna brevi­um, fo. 285. And again in Bracton, lib. 3. tract. 2. cap. 33. num. 3. And anno 5 Eliz. cap. 23. and anno 14 Edw. 3. stat. 1. cap 6. And I think the word Bayliff) used ca. 28 of Magna char­ta, 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 anti­ent time the Kings subjects had justice mini­stred unto them by the severall Officers of eve­ry Hundred, which were called Bayliffs, as those officets were and are in France and Nor­mandie, 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 Sta­tute 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 Mandata­ries, within their liberties, to serve Writs, and such base offices: their office consisting in three points only, which see in Cromptons Justice of Peace, fol. 49. a. Yet is the name still in good esteem some other way. For the chief Ma­gistrates in divers Towns Corporate be called Bailiffs: as in Ipswich, Yarmouth, Colchester, and such like. And again, there be certain, to whom the 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. Bai­liffs of Franchises (Ballivi Franchesiarū aut liber­tatū) 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 deri­ved from (Baal, i. dominus, quia Ballivi domi­nantur suis subditis, quasi eorum magistri & domi­ni. Rebuf. in constit. regias, de senten. excutionis, art. 7. glos. 1.) The office or duty of a Bailiff of a mannor or Houshold (which in antient time seemeth to have been all one) Fleta well descri­beth li. 2. ca. 72. & 73. This word is also u­sed in the Canon Law, ca. dilecto de sentent. ex­com. in sexto, &c. 1. de paenis in Clement. where the Glossographer saith it is a French word, sig­nifying as much as praepositus; and Balia or Bati­vatus) is used among our later interpreters of the Civil and Canon law, for Provincia, as Bal­liva here in England, is used for a County or Shire.

Balkers, See Conders.

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

Bane seemeth to 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 afore­said prefixeth a French article to this word, it should seem by his opinion that the word is French; but I find it not in any French writer that ever I read.

Baneret (banerettus) in M. 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 draw­eth 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 ma­king [Page]it as it were a Banner: and they being be­ing Ba chelors, are now of greater degree, al­lowed to display their armes in a banner in the Kings army, as Barons doe. M. Camden ubi su­pra hath these words of this matter: Baneretti cum vasullorum nomen jam desierat, à baroni­bus, secundi erant: quibus inditum nomen à vexillo. Concessum illis erat miliaris virtutis ergo, qua­drato vexillo (perinde ac barones) uti, unde & e­quites vexillarii à nonulllis vocantur, &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 an­no 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 an­no 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 & feu­dorum, quas dicunt de Benneretz & Barons: benne­rettus jure suae dignitatis, antequam talis dici mereatur, nobilis esse debet genere, in quarto gra­du, possidens in ditione decem scutarios bachalari­os armorum, id est, decem vasallos, habens suffici­ens patrimonium quo possit secum ducere quatuor aut quinque nobiles comites continuos, cum equiti­bus duodecim aut sexdecim. Fit autem Benneretus, cùm princepts jusmodi personae concedit vexilli jus, & ex vexillo peditum in acie, vel extra, die solen­ni, sacris peractis, adimit acumina. Vocant la queve de pennon, fitque labarum, i. equitum vex­illum, vocant cornette, eumque equitem facit. si jam non est. Quòd si ditior his fiat benneretus, et habet unam be neretam, aut sex equites bachalarios, qui possideant singuli in censum sexcent as libras ex ejus ditione seu feudo, tunc possunt ex licentia prin­cipis, baronis nomen sibi adsciscere.

Bans (bannus vel bannum) signifieth a pub­lique 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. Hot­toman verbo bannus, in verbis feudalibus, saith that there is both bannus and bannum; and that they signify two divers things. His words are these: Bannus sive bannū duo fignificat: Edict­ū, qua die vasalli equis armis (que) instructi, ad commi­tatum adesse debent: et sanctionem, hoc est, mulctam edicto non parentis; which he confirmeth by di­vers authorities. This word bans we use here in England, especially in the publishing of matri­monial contracts in the Church, before mari­age, to the end that if any man can say against the intention of the parties, either in respect of kindred or otherwise, they may take their exception in time. And in the Canon law, Banna sunt proclamationes sponsi et sponsae in eccle­siis fieri solitae, ca. 27. extra. de sponsal. et ca. ult. qui matrimonium accus. pos. & ca. ult de clan. de­spons. Yet our word (Banuing) seemeth to come thence, being nothing but an exclamati­on of another. Only Bracton once maketh men­tion of Banuus Regis, for a proclamation, or silence made by the Cryer, before the congresse of the Champions in a Combat, Lib. 3. tract. 2 cap 21:

Bank (bancus) commeth of the French Ban­que, i. mensa. In our Common Law it is most usually taken for a seat or bench of judgement: as bank le Roy, the Kings bench, bank de Com­mon plees, the Bench of Comōnplees, or the Com­mon 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) metaphori­cally taken from the sign left in the earth, of a table once fastned unto it, and now taken a­way. So that the originall seemeth to have sprung from those Roman (mensarii) which as appeareth by many writers, had their (ta­bernas et mensas) in certain publique places, wherof when they were disposed to fly, an de­ceive 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 lear­ning, and M. Skene for one, bring this (à ban­co rupto) but the French word worketh in me this other opinion, for after their sense, the French should rather be banque rompu. Banke­rupt with us signifieth him or his act, that ha­ving 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 (Fai­re 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 sub­ject [...] [Page]born of this realm, or any the kings dominions, or Denizen, who at any time since the first day of this present Parliament, or at any time here­after shall depart the realm, or begin to keep his other house or houses, or otherwise to ab­sent 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 mo­ney 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 out­lawed, or yeeld him or herself to prison, or wil­lingly 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 seque­stred, 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 & up­on 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 re­fuseth to abjure the Realm, he shall lose his life and member: if a Clerk do so, he sholl be ba­nished. Stawnf. pl. cor. fol. 117. This punishment is also of our modern Civilians called (banni­mertum) which was aunelently tearmed de­pertatlo if it were perpetual, or (religatio in in­sulam,) if for a time. Vincentius de Franchis. Pe­trus de Bellug a in suo speculo, fol. 125. num. 4.

Barbaries (Oxycantha) is a 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 gar­bled, Anno 1 Jacob. cap. 9.

Bargain and sale, as it seemeth by Westpart. 1. symb. lib. 2. sect. 436, is properly acontract made of mannors, lands, renements, hereditaments, & other things, transferring the property there­of from the bargainer to the bargainee. But the Author of the new terms of Law, addeth, that it ought to be for money, saying farther, that this is a good contract, for Land, &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 sel­ler, so it be by deed intended, sealed and enrol­led, 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 di­vers fignifications here in England. First, it is taken for a degree of Nobility next unto a Vi­count, Bracton lib. 1. cap. 8. num. 4. where he saith, they be called Barones, quasi robur belli. And in this fignification it is borrowed from other Nations, with whom Baroniae be as much as Provinciae, Petrus Belluga in speculo princip. fol. 119. So Barones be such as have the govern­ment of Provinces, as their Fee holden of the King: fome having greater, some lesser autho­rity within their territories, as appeareth by Vincentius de Franobis in divers of his disceisi­ons, and others. Yet it may probably be thought, that of old times here in England all they were called Barons that had such Seig­niories, 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 up­per-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 Ba­rons by writ, as well as Barons by letters pa­tents, and that they may be discerned by their titles: because the Barons by writare those, [Page]that to the title of Lord have their own sur­names 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 cal­led Barons by prescription, for that they have continued Barons in themselves and their aun­cestors came, beyond the memory of man. The original of Barons by writ Master Camden in his Britaunia, Pag. 109. in meo, referreth to Henry the third: Barons by letters patents or creation (as I have heard among our Antiqua­ries) were first created about the days of Hen­ry the sixth: the manner of whose creation read in Master 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 for­mer 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 ma­ny there be) are his Assistants in causes of Justice, between the King and his subjects, touching causes appertaining to the Exche­quer.

The Lord chief Baron at this day, is the chief Judge of the Court, and in matter of Law, Information, and Plea, answereth the Barr, and giveth order for judgement thereupon. He alone in the Term time doth sit upon Nist pri­us, 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 mor­nings for want of time. He taketh recognisan­cea for the Kings debts, for appearances, and observing of orders. He taketh the presentati­on 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 ver­tue of his office.

The second Baron in the absence of the Lord chief Baron, answereth the Barr in matters a­foresaid: he also taketh recognisances for the Kings debts, apparences, and observing of or­ders. He giveth yearly the oath to the late Maior and Escheatour of London for the true ac­count of the profits of his office. He taketh a declaration of certain receivers accounts. He also examineth the letters and sums of such Sheriffs forrain accounts, as also the accounts of Escheatours and Collectours of subsidies and Fifteens, as are brought unto him by the Au­ditors 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 Collect­ours, 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 o­pen Court. He informeth the rest of the Ba­rons, of the course of the Court in any matter that concerneth the Kings Prerogrative. He likewise as the other Barons, taketh the de­claration of certain receivers accounts: and examineth the letters and sums of such of the former accountants, as are brought unto him.

These Barons of the exchequer, are antient officers: for I find them named, West. 2. c. 11. an. 13 Ed. 1. & they be called Barons, because Ba­rons of the realm were wont to be employed in that office, Fleta, li. 2. c. 24. S. Tho. Smith saith of them, that their office is to look to the ac­counts of the Prince: and to that end they have Auditors under them: as also to decide all cau­ses, appertaning to the Kings profits coming in­to the Exchequer by any means. This is in part also proved by the Stat. an. 20. Ed. 3. ca. 2. & anno 27 ejusd. stat. 2. ca. 18. & anno 5. R. 2. stat. 1. ca. 9. & 12. et anno 14. ejusd. ca. 11. And hereupon they be of late, men learned in the Common Law of the Realm: whereas in autient times they were others: viz. majores et discretiores in regno, sive de clero essent, sive de curia. Ockam in his lucubrations de fisci regii ra­tione. [Page]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 signi­fication, is used for the husband in relati­on 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 Spiri­tual 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 mes­suagium 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 ex­ception 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 or­dinary or general Barre, that ordinarily disa­bleth the Declaration or Plee of the Plaintiff. A Barre special, is that which is more than or­dinary, and falleth out in the case in hand, or question, upon some special circumstance of the fact, Plowden casu Colthirst. fol. 26. a.b. For exam­ple, an Executor being sued for his Testators debt, pleadeth, that he had no goods left in his hands at the day when the Writ was pur­chased or taken out against him. This is a good 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 es­pecial plee or barre to allege he is to be con­demned in the action. See also Plowden in the case aforenamed, fol. 28. a. b. and Broke, t [...]ul [...] 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 other­wise 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 Defen­dant 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 one­ly 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. Per­petual 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 admini­stravit) is good, until it may appear, that more goods come to the Executors hands afterward, which also holdeth for an heir, that in an acti­on of his Ancesters debt pleadeth (rien per dis­cent.) 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 [Page] Ed. 1. stat. 2. cap. unico, and West. 1. ca. 32. an. 3 Ed. 1. M. Skene de verè. signif. verbo, barra­crie, saith that Barrators be Symonists called of the Italian word (barrataria) signifying cor­ruption or bribery in a Judge giving a false sen­tence for money: whom you may read more at large, as also Hortensius Cavalcanus in his tract­at, de brachio rigio, parte 5. nu. 66. whose words are: Barataria verò dicitur, quando Judex ali­quid petit indebitum, ut justituam faciat. Who also, nu. 195. part. 5. saith thus: barraterii ap­pellantur, qui praetorium nimis frequentant. And in another place of the same work; Barratria di­citur, quia fit quoddam barratrum, i. commutatio pecuniae cum justitia, &c. See also Aegidius Bossius in practica criminali, titulo de officialibus corrupt. &c. nu. 2. & 6. Baratariam commit­tunt, Judices, qui justitiam auro vendunt. Paris Pateola. de syndicatu, verbo Barataria. pa. 217.

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

Barrel, is a measure of wine, oyl, &c. con­taining 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 cer­tain quantity, but differeth according to the liquor: for a barrel of beer containeth 36. gal­lons, the Kilderkin 18. and the Firkin 9. a barrel of ale 32. gallons, the Kilderkin 16. and the firkin, 8. gallons, an. 23 H. 8. c. 4.

Barriers, commeth of the French (barres) and signifieth with us that which the French­men call (jeu de barres, i. palaestra [...]) a martial sport or exercise of men armed and fighting to­gether with short swords, within certain li­mits or lists, whereby they are severed from the beholders.

Barter may seem to come of the French (ba­rater, i. circumvenire) It signifieth in our Sta­tutes, exchange of wares with wares, anno 1 R. 3. ca. 9. and so bartry the substantive, anno 13 Eliz. cap. 7. The reason may be, because they that chop and change in this manner, doe what they can for the most part, one to over­reach 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 Au­thor of the Terms of law in his Tractat of old Terms, saith, that to hold in fee base, is to hold at the will of the Lord. Kitchin, fol. 41. see­meth to make base tenure and franck to be con­traries: where it appeareth, that he putteth Copy-holders in the number of base Tenents. And out of these, I think, that it may be pro­bably conjectured, that every base Tenent hol­deth 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 ci­ced, 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 hold­ing by the performance of every commande­ment of his Lord, cannot be said to hold in villenage. Whether it may be said, that Co­py-holders be by custome and continuance of time, grown out of that extreme servitude, wherein they were first created, I leave to o­thers of better judgement: but Fitz. loco citato saith, tenure by Copie is a Term but lately in­vented.

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

Base fee, See Base estate.

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

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

Bastardy (bastardia) commech of the French (bastard, i. nothus) Cassanaeus de consuetu. Burg. pag. 1116 saith (bastard) and (filius natura­lis) be all one. Bastardy in our Common law, sig­nifieth a defect of birth objected to one begot­out of wedlock, Bract. l. 5. cap. 19 per totum. How bastardy is to be proved, or to be inquired into, if it be pleaded, see Rastals book of Entries, tit. Bastardy, 104. f. 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 Bast­ard, upon some question of inheritance. Bast­atdy 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 ille­gitimate, 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 [Page]of the Warden of the Fleet his servants; or of­ficers, 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 (bat­taile, i. bellum, praelium) and signifieth in our Common law, a tryal by combat. The manner whereof, because it is long, and full of ceremo­nies, I do for the better and more full under­standing 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 re­pub. Anglorum, lib. 2. cap. 7. & lib. 3. cap. 3. See Combat.

Battery commeth of the French (batre, i. ver­berare, cudere, percutere) and signifieth in our Common law, a violent striking of any man, which the Civilians call injuriam personalem, quia personae infertur per verbera, cruciatum, &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 signi­fieth in our Common law, a writ upon the sta­tute of Marlbridge, or Malborow, made the 52. year of H. 3. cap. 11. whereby it is provided, that neither in the circuit of Justices, nor in Counties, Hundreds, or Courts-baron, any fines shall be taken of any man for fair pleading, that is, for not pleading fairly or aptly to the purpose. Upon which Statute, this Writ was ordained against those, that violate the law herein. See Fitzh. nat. br. fol. 270. A.B.C. whose definition is to this effect: the Writ upon the statute of Marlebridge for not fair pleading, 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 faire­ly, &c.

Bedell (Bedellus) cometh of the French (be deau, i. apparitor) and it signifieth with us, no­thing else but a messenger or servitour belong­ing 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 Be­del is an officer or servant of the Forest, that doth make all manner of garnishments of the Courts of the Forest, & also all manner of Pro­clamations, as well within the Courts of the Forest as without: and also doth execute all the processes of the Forest. He is like to a Bai­liff 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 bene­fices of gift. So is it used in the Canon law also. Duarenus de beneficiis, lib. 2. cap. 3.

Beneficio primo ecclesiastico habendo, is a writ directed from the King to the Chancellor, to bestow the benefice that first shall fall in the 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 impo­sition: and in that respect reprehended by that Tyrant in his predecessors: whether justly or not I cannot say, nor mind to dispute. But Stow, pag. 791. saith, that the invention grew from Edward the 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 par­don, 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 sub­ditis exigere, & quanta debeat esse ejus summa, setting down eight just causes of this exa­ction.

Besaile, (proavus) is borrowed of the French (bisayeul, i. le pere de mon pere grand) the father of my grandfather. In the Common law it figni­fieth a Writ, that lieth where the great grand­father was seised in his demesne as of Fee, of any Lands or Tenements, in Fee-simple, the [Page]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, Co­nie, Fesant, and the Patridge, Manwood parte 2. cap. 4. num. 3.

Besta [...]l, cometh of the French (bestial, i. pe­cus) 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 warn­ing that the Parish Priest gave to his Parishio­ners, 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 mar­riage. It is used in the Common law, for an im­pediment 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 wi­dow, 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 sta­ture, 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 Pub­like law doth bind. Coke vol. 6. fol. 63. a. Kitchin fo. 45. & 79. These in Scotland are called (bur­law) or (birlaw.) Skene de verbo. sign. verbo Bur­law: where he saith thus: Lawes of burlaw, are made and determined, by consent of neigh­bours elected and chosen by common consent, in the Courts called birlaw courts. In the which cognition is taken of complaints betwixt neighbour & neighbour: which menso chosen, are Judges and Arbitratours to the effect afore­said, and are called birlaw men. For (bawr) or (bawrsman) in Dutch is rusticus) & so (birlaw) or (burlaw) leges rusticorum. Hitherto M. Skene.

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

Bille (billa) is diversly used among our Com­mon lawyers. First, (as West saith pa. 1. symb. lib. 2. sect. 146.) it is all one with an obligation, saving that when it is in English it is common­ty called a bill, and when it is in Latin an obli­gation. But I hear other good Lawyers say, that a bill, though it be obligatory, yet is without condition or forfeiture for non payment: and that the obligation hath both. Bill secondly, is a declaration in writing, that expresseth either the grief and the wrong that the complainant hath suffered, by the party complained of, or else some fault, that the party complained of, hath committed against some law or statute of the Common-wealth. This bill is sometime of­fered up to Justices errants in the general as­sises: sometime, and most of all, to the Lord Chancellor of England, especially for unconscio­nable wrongs done: sometime to others having jurisdiction, accordingly as the law, where upon they are grounded, doth direct. It containeth the fact complained of, the dammages thereby suffered, and petition of processe against the de­fendant 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 em­paneled and sworn before the Justices in Eyre, &c. indorsing a bill, whereby any crime pu­nishable in that Court, is presented unto them, with these two words; do signifie thereby, that the present or hath furnished his present­ment or denunciation with probable evidence, and worthy of farther consideration. And thereupon, the party presented by the same bill, is said to stand indicted of the crime, and so tyed to make answer unto it, either by con­fessing, or traversing the indictment. And if the crime touch the sife of the person indicted, [Page]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 sig­nifieth, in the Counties of Cumberland, Nor­thumberland, Westmerland, and the Bishop­rick 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 cur­rent within this Realm, an. 2 H. 6. cap. 9. The reason why they were called blanks may be because at the time these were coined in France there was also a piece of gold 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 mel­ted and cast into a raw iron, fashioned into long wedges three square, that be called sows. Then be there two forges like unto Smiths forges, but much bigger, the one whereof is called the blomary, or (as it seemeth) the fi­nary, into the which being maintained with a 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 cal­led bloomes. Then is there another forge cal­led the Hammer, into which these bloomes are cast, and by a workman (called the Ham­mer 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 amer­cements 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 con­demned by judgement in an action, and pro­secuting a writ of errour, be not suffered to re­move his goods, untill the errour be tried, Re­gister orig. fo. 131. b.

Borow (burgus vel burgum) may either come from the French (burg, i. pagus) or from the Saxon (borhoe, i. vadium, pignus.) It 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 Bra­cton, [Page]li. 3. tractat. 2. a. 10. See Headborow, and Borowhead, and M. Lamberd in the duties of Constables, pag. 8. Lynwood upon the provin­ciall (ut singula de censibus) speak to this ef­fect: Aliqui interpretantur burgum esse castrum, vel locum ubi sunt crebra castra, vel dicitur bur­gus, ubisunt per limites habitacula plura consti­tuta.) Butthen setting down his own opinion, he defineth it thus: Burgus dici potest villa quae­cu [...] (que) alia à civitate, in qua est universitas approba ta. And that he provethout of the 11. book of Justinians Codex, tit. de fund. rei privatae. 65. & l. 6. ejus tituli, where burgus is termed corpus. Some derive it from the Greek ( [...], i, turris) see M. Skene de verbo sign. verbo Borghe. The late author M. Verstegan, in his restitution of decayed intelligences, saith, that (burg) or (burgh wherof we say yet (Borough) (or Bour­row) metaphorically signifieth a Town, having a wall, or some kind of closure about it: also a Castle. All places that in old time had among our ancestors the name of Borrough, were pla­ces one way or other fenced or fortified.

Bordlands, 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 ple­gius) by M. Lamberds opinion in his treatise of Constables is made up of these two words, (bor­hoe, i. pledge) and (head) and signifieth a head or chief pledge. And in explication of this, and other Saxon words of this nature, he maketh an excellent 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 Decu­rie 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 bor­hoe calders, signifying the same officers that be called borow-heads. (Lamb. in the duties of Caustables) Bracton calleth them (Borghio Al­dere) li. 3. tractat. 2. ca. 10.

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 Ed­muntan. 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 divi­sable at the Common law, but in antient baro­nies: so perhaps, at the making of the fore­said Statute of Acton burnel, it was doubtfull, whether goods were devisable but in antient borrowes. For it seemeth by the writ de ra­tionabili parte bonorum, that antiently the goods of a man were partible between his wife and children.

Bote signifieth compensation. Lamb. explica­tion of Saxon words; Thence commeth (manbo­te aliâs monbote) that is compensation or a­mends for a man slain, which is bound to ano­ther. For farther understanding whereof, it is to be seen in K. Inas laws, set out by M. Lam­berd, ca. 96. what rate was ordained for the expiation of this offence: See Hedgebote, Plow­bote, Howsebote, and read M. Skene de verbo signif. verbo, Bote.

Boeiler of the King (pincerua regis) anno 43 Ed. 3. ca. 3. is an officer that provideth the 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. mercato­ri. Si autem plura inde habere volucrit bene lice­bie: dum tamen precium fide dignorum judicio pro rege apponatur.

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

BR

Bracton (otherwise called Henry of Bract­on) was a famous Lawyer of this land, renow­ned for his knowledge both in the Common & Civill laws, as appeareth by his book every where extant. He lived in the dayes of Hen­ry 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 [Page]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 sig­gnifieth a writ, whereby a man is summoned to answer to any action: or (more largely) any precept of the King in writing, issuing out of a­ny Court whereby he commandeth any thing to be done, for the furtherance of justice or good order. The word is used in the Civil law, some­time in the singular number, and masculin gen­der, as l. ult. Cod. de conveniendis fisci debitoribus, l. 10. tit. 2. you have these words: Inter chartul as confiscati brevis, quidam adseveratur inventus, qui nomina continebat debitorum. Where it it is used for a short note. Again, I find a title re­stored by Gothofred, in the first book of the Code, de quadrimenstruis brevibus. Quadrimenstru [...] autem breves erant, qui de singulis indictionum pensionibus, quarto quoque mense solutis, conficie­bantur. Also Lampridius in Alexandro hath it singularly thus: notarium, qui falsum causae brevem in consilio imperatorio retulisset, &c. And in the Authenticks, Novel. 105. cap. 2. you have this word (breviatores, i. brevium proscri­ptores.) Breves autem, brevia, brevicula, sunt char­tae sive libelli breves, as Gothofred, there noteth. Where he noteth likewise out of Zonacas in Carthagin: Concilio, that this is a Greek word thus: [...]. See Skene de verbo signif. verbo Breve. Of these briefs see also Bracton l. 5. tract. 5. c. 17. num. 2. Breve quidem cùm sit formatum ad similitudinem regulae juris, quia breviter & paucis verbis inten­tionem proferentis exponit & explanat, sicut regula juris rem quae est breviter enarrat. Non tamen ita breve esse debet, quin rationem & vim intentionis contineat, &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 pon­tium. 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 com­mandement, and by whose authority, he writ a learned book of the law of this realm. The te­nure 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, men­tioneth, that this John Britton was Bishop of Hereford.

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

Broker (brocarius) seemeth to come from the French (broicur, i. tritor) that is a grinder or brea­ker into small pieces. Because he that is of that trade, to deal in matters of money and mar­chandise 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 Rho­doginus, libro 6. c. 32. & li. 3. cap. 15.

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

Brodehalpeny, 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 [Page]Fair or Market. From the which, they that are freed by the Kings Charter, had this word men­tioned in their letters patents. Insomuch, as at this day the freedom it self (for shortnesse of speech,) is called by the name of brodehalpe­nie.

Broggers. See Brokers.

Bruckbote (Pontagium) is compounded of two German words (bruck i. pons,) and (bote, i. com­pensatic.) It signifieth with us, a tribute, contri­bution or ayde toward the mending, or reedi­fying 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, ( [...], 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 ordina­rily for the exemption or liberty it self. Rastals expos. of words. Fleta hath these words of it: Si­gnificat quietantiam reparationis murorum civita­tis, vel burgi. lib. 1. c. 47.

Burg English. See Borow English.

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 felo­nious entring into another mans dwelling-house, wherein some person is, or into a Church in the night time, to the end to commit some felonie therein: as to kill some man, or to 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 re­strain 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 commit­ted, see Cromptons Justice of Peace, fol. 28. b. and fol. 29, 30.

Butlerage of wines, signifieth that imposition of sale wine brought into the land, which the 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.

CA

CAblish (cablicia) among the Writers of the Forest laws, signifieth brush wood, Man­wood 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 sta­tute anno 1 Jacobi, cap. 19.

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

Cantred, is as much in Wales, as an Hundred in England. For Cantre in the Brittish tongue sig­nifieth 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 espe­ciallest intention or end thereof. And this writ is divided in (Cape magnum, & cape par­vum:) both which (as is before said in Attach­ment) take hold of things 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 de­fault, and over to the demandant: (Cape par­vum) summoneth the Tenent to answer to the default onely: and therefore is called (Cape par­vum) or in French English (petit Cape.) Old. nat. br. fol. 161, 162. Yet Ingham saith, that it is [Page]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 de­fault at the day to him given in the Writ origi­nal, 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 dif­ference between these two courses of the Ci­vil and Common law first, for that (missio in pos­sessionem) toucheth both mooveable and im­mooveable goods, whereas the (Cape) is extend­ed onely to immoveable: secondly, that the party being satisfied of his demand, the re­manet 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 va­lentiam.

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 com­eth at the summons, and his appearance is of record, and after he maketh default at the day that is given to him: then shall go this writ for the king, &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. § Mag­num & seq.

Cape ad valentiam, is a species of Cape mag­num, so called of the end whereunto it tendeth. In the Old nat. br. fol. 161, 162. it is thus de­fined or described: This writ 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 & tene­ments, 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 re­cover 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 judg­ment called (capias ad respondendum) in an acti­on 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 judg­ment, being also of divers kinds, (viz. Capias ad satisfaciendum, Capias pro fine, Capias utlagatum, Capias utlagatum, & inquiras de lönis & ca­tallis.

Capias ad satisfacieudum, is a writ of execu­tion after judgment, lying where a man reco­vereth in an action personal, as debt, or dam­mages, 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 recover­ed: and he shall be put in prison, until sa­tisfaction be made unto him that recovered.

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

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

Capias utlagatum, & inquir as de bonis & ca­tallis, is a writ all one with the former, but that it it giveth a farther power to the Shyreeve over and beside the apprehension of the body, to inquire of his goods, and 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. Re­gister [Page]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 compa­ny 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 signi­fieth 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 prae­sunt. He divideth them into two sorts: and to use his words, alii sunt capitanei regni: quo verbo Duces, Comites, Marchiones intel­liguntur. l. 1. feud. tit. 1. §. 1. & ti. 7. Alii impropriè, qui urbium praefecti sunt, quibus plebs ab liquo superiorum gubernanda committitur: qui & vallaso [...]es rigit, & majores appellantur. l. feud. tit. 1. §. 1. & tit. 7. et tit. 17. So we have cap­taines 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 [...] e­diately 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 be­longing 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 ho­nour 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 ap­peareth, 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 ca­pite. His example is this: If the King pur­chase a mannor that I. S. holdeth, the Tenent shall hold as he held before, and shall not ren­der livery or primei [...] seisin, nor hold in capite: And if the King grant that 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 hol­ding 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 im­munitie.

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 recko­ned 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: where­upon the tribute so levied, is called (Caruago, Caruagium) Bracton li. 2. cap. 16. nu. 8. It is all one with that, which the same Author, lib. 2. cap. 17. calleth (carucatam terrae.) For Littleton ca. Teuure in socage, saith, that (haec so­ca socae, idem est quod caruca) sc. one soke, or [Page]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, to­ward 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. sig­nif. 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 contai­ned 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 mentio­ned in the Statute anno 1 Jacob. cap. 19. a­mong drugges and spices, that bee to be gar­bled.

Cassia Lignea, is a sweet wood not unlike to Cynamon, and sometime used in stead of Cy­namon. Whereof you may read in Gerards Herball, lib. 1. cap. 141. this is called Cas­sia 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 Cap­tain, 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, cal­led of the Lomberds (curtes) in England (Courts) though they be not places of defence or strength. M. Manwood, part. 1. of his Forest laws, pag. 113. saith, that there is an Officer of the Forest called Castellanus.

Castelward (castelgardum, vel wardum castri) is an imposition laid upon such of the Kings subjects, as [...]en within a certain compasse of any Castle, toward the maintenance of such, is doe watch and ward the Castle. Magna char­ta, 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 au­thority given them by the Starute, Westm. 2. cap. 24. which, as often as there chanceth any new case in Chancery, something like to a for­mer case, and yet not especially fitted by any writ, licenceth them to lay their heads toge [...] and to frame a new form answerable to the new case, and as like some former case as they may. And this writ is granted to him in the reversion, against the party to whom the said Tenent so alienateth to his prejudice, and in the life time of the said Tenent. The form and effect whereof, read more at large in Fitzh. na. br. fol. 206.

Casu proviso is a writ of entry, given by the Statute of Glocester, cap. 7. in case where a Te­nent 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 mo­ney 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 rec­koned a thing rather consisting in imagination, than in deed. Catals be either personal or real. Personal may be so called in two respects: one, because they belong immediately to the person [Page]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 grow­ing 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 Cha­tel. The Civilians comprehend these things, as also lands of what kind or hold soever, under bona; bona autem dividuntur in mobilia & immo­bilia: mobilia verò in ea quae se movent, vel ab aliis moventur, v. legem 49. & l. 208. π. de verb. sig­nifica. & interpretes ibidem. Bracton also c. 3. l. 3. num. 3. & 4. seemeth to be of the same judge­ment.

Catallis captis nomine dictrictionis, it is a Writ that lyeth within a Borow, or within a honse, for rent going out of the same, and war­ranteth 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 de­mand delivered at the day. And it may be otherwise called a Writ of detinew. See more of it in the Register orig. f. 139. and in the Old nat. br. fol. 63. This is answerable to actio disposi­ti, in the Civil law.

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

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 Regi­ster 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, wil­ling 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, notwith­standing that he offereth sufficient caution or assurance to obey the commandments and or­ders of holy Church from thenceforth. The form and farther effect whereof, take out of the Regist. orig. pag. 66. and Fitzh. nat. br. fol. 63.

CE

Century (centuria.) See Hundred.

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

Certiorari, is Writ issuing out of the Chan­cery, to an inferior Court, to call up the records of a cause therein depending, that conscionable Justice therein may be 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 origi­nal and judicial, in the tables, verbo Certiorari. Crompton in his Justice of peace. f. 117. saith, that this Writ is either returnable in the Kings Bench, and then hath these words (nobis mitta­tis:) 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 Cri­ticks 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 writ­ing made in any Court, to give notice to ano­ther 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 eve­ry 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. Cer­tificatio 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 cal­led (certificatione novae dissessinae) Old nat. br. fol. 181. Of this see also the Register original. fol. 200. and the new book of entries, verb. Cer­tificat of assise. This word hath use, where a [Page]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 as­sise passed, and the Jurie that was empaneled upon the same, before the said Justices at a cer­tain day and place. And it is called a certifi­cate, because in it there is mention made to the Sheriff, that upon the parties complaint of the defective examination, or doubts yet re­maining 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 learn­edly; and lastly, Horn in his Mirrour of Ju­stices, lib. 3. cap. finali, §. en eyde des me­moyees. &c.

Certificando' de recognitione Stapulae, it is a Writ directed to the Major of the Staple, &c. com­manding 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 inquisitio­ne de idemptitate nominis) fol. 195. and (certifican­do 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 per­form such service, or to pay such rent, as he is [...]ed unto by his Tenure, and hath not upon his Land or his Tenement, sufficient goods or cat­tels to be distreined. Consult more at large with Fitz. upon this ubi supra, with Fleta lib. 5. cap. 34. § visa sunt, and with the Terms of law. See Cessavit de cantaria. Register orig. fol. 238. Cessavit de feod: firma, eodem fol. 237. Cessavit per biennium, eodem, folio etiam eodem. See the new book of Entries, verbo Cessavit.

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

Cestus qui use (ille cujus usui vel ad cujus usum) is broken French, and thus may be bet­tered: (Cestui all use de qui.) It is an ordinary speech among our Common lawyers, signifying him, to whose use any other man is 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. (Co­rasius.

Chase (chacea) commeth of the French (chas­ser, i. sectari belluas, apros, cervos.) It signifieth two things in the Common Law. First, as much as (actus) in the Civil law, that is a driving of 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 can­not 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 [Page]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 Com­mon 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 decla­ration, 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 princi­pal, and Chalenge per cause, i. upon cause or rea­son. 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. Ei­rena. lib. 4. cap. 14. as a prisoner at the barr, ar­raigned upon felonie, may peremptorily cha­lenge 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 perempto­rie 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 pri­soners own phantasie, Stawnf. pl. cor. fol. 124. but principal in civil actions for the most part, and with naming of some such cause of excep­tion, as being found true, the law alloweth without farther scanning. For example: if ei­ther party say, that one of the Jurors is the son, brother, cousin, or tenent to the other, or es­poused 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 dam­mages amount to 40 marks, it is a good Cha­lenge 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 Cha­lenge. 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 ra­ther Chalenge for favour is said there to be one species of Chalenge per cause: where you may read what chalenges be commonly ac­counted principal, and what not. See the new book of Enteries, verbo, Chalenge, and the Old. nat. br. fol. 158. & 159. That this word (Cha­lenge) is long sithence latined by the word (calumnia) appeareth by Bracton. lib. 3. tract. 2. cap. 18. & 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. cubiculari­us, vel praefectus cubiculi.) It is diversly used in our Cbronicles, Laws, and Statutes: as Lord great Chamberlain of England, Lord Chamber­lain of the Kings house, the Kings Chamber­lain, 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. Cham­berlain 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 Fle­tam 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 [Page]fornice: [...]quia custodit pecun [...]as quae in cameris prae­cipuè 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 recol­ligitur, vel conclave in quo pecunia reservatur. Za­sius de feudis, part. 4. num. 7. and Peregrinus, de jure fisci, lib. 6. tit. 3. saith, that camerarius vel camberlingus (quem quaestorem antiqui appella­runt) in rebus fisci primum locum tenet, quia the­saurarius & custos est publicae pecuniae. Sane of­ficium hoc primipilatus fuisse nonnulli senserunt. There be two officers of this name in the Kings Exch [...]quer, who were wont to keep a controle­ment 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 pre­decessors, and divers ancient books do remain. There is mention of this officer, in the Statute, an. 34. & 35 H. 8. cap. 16. There be also Un­der-chamberlains of the Exchequer, which see in Under-chamberlain.

Champartie (cambipartita) aliâs champertie, seemeth to come from the French (champert, i. vectigal) and signifieth in our Common law, a maintenance of any man in his sute depend­ing, upon condition to have part of the thing (be it lands or goods) when it is recovered. Fitz. nat. br. fol. 171. and champertours be they, that move 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. Where­unto 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 pro­vided redresse for this in the Kings Bench one­ly (which in those dayes followed the Court) from thenceforth it should be lawful for Ju­stices of the Common plees likewise, and Ju­stices 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 con­tra. & l. per diversas. Co. eodem, 13.

C [...]anpion (campio) is thus defined by Hotto­man, in verbis feudalibus. Campio est certator pro alio datus in duello: à campo dictus, qui circus erat decertantibus definitus. In our Common law, it is taken no les [...]e for him that trieth the combat in his own case, than for him that fight­eth in the place or quarrel of another, Bracton, lib. 3, tract. 2. cap. 21. num. 24. who also seemeth to use this word for such, as hold by Seargante, or some service of another: as campiones faci­unt homagium domino suo, lib. 2. cap. 35. Of this read more in 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 Wri­ters that do use it. With him agreeth that excellent man Petrus Pithaeus, libro 2. adversari­orum, cap. 12. and whereas Lupanus would derive it from the verb (cancello), Pithaeus con­fe [...]eth, he hath good colour for his opinion though he think it not sound; and therefore ra­ther deduceth it (à cancellis. (Cancellare) is (liter as vel scriptum linea per medium duct a dam­nare) and seemeth of it self like wise to be de­rived (à cancellis) which signifie all one with ( [...]) 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 hin­der; 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 re­gisters 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 Common­wealth, are tied to the Law, and may not swerve from it in judgement: the Chancelor hath in this the Kings absolute power, to mo­derate and temper the written Law, and sub­jecteth himself onely to the Law of nature and conscience, ordering all things juxta aequum & bonum. And therefore Stanford in his Preroga­tive cap. 20. fol. 65. saith, that the Chancelor hath two powers, one absolute, the other ordi­narie: meaning, that though by his ordinary power in some cases, he must observe the form [Page]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. Consisto­rio Franciae post Principem Dominus Franciae Can­cellarius cui velut excelsum judicii tribunal hoc in regno (sub Principe tamen nostro moder anti, si­gillum [...] authenticum, quo sine publicis & patenti­bus regiis literis nulla fides adhibetur, liberam ad­ministrationem habenti, omnes & singuli regii Ju­sticiarii, quocunque nomine nuncupontur, ac quavis authoritate fung antur, co inferiores sant. Et me­ritò: 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 Exche­quer, anno 25 H. 8. cap. 16. whose office hath been thought by many, to have been created for the qualifying of extremities in the Exche­quer. He f [...]teth in the Court, and in the Ex­chequer chamber, and with the rest of the Court ordereth things to the Kings best bene­fit: he is alwayes in commission with the Lord Treasurer for the letting of the Lands that came to the Crown by the dissolution of Ab­beyes: and hath by privie seal from the King, power with others to compound for forfei­tures of honds, and forfeitures upon penal sta­tutes. He hath also much to do in the revenue come by the dissolution and first fruits, as ap­peareth by the acts of uniting them to the Crown. Chanchellor of the Dutchie of Lan­caster, anno 3 Ed. 6. cap. 1. & anno 5 ejusdem, cap. 26. whose office is principal in that Court to judge and determine all controversies between the King and his 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 Let­ter of the Law, whereof the Lord Chancellor of England is the chief Judge. Cromptons jurisd. fol. 41. or else the Lord Keeper of the great Seal, 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 Kee­per of the broad Seal, twelve Masters of the Chancery, whereof the Master of the Rolls is one and the chief, the six Clerks, the 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 con­troller of the hanaper, the Clerk of appeals, the Sealer, the Chafe-wax, the Clerk of the facul­ties, the Clerk of the patents, Clerk of the statre - chamber, Clerk of presentations, Clerk of dismission, 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 (cha­pelle, i. aedicnla) and is of two sorts, either ad­joyning to a Church, as a parcel of the same, which men of worth do build, ut ibidem fami­liaria sepalchra sibi constituant, to the use of the 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 Cu­rate provided at the charge of the Rector, or of them that have benefit by it, as the composi­tion or custome is. Whence the word is de­rived, the Caronists differ in opinion. Rebuffus de pacif. possess. num. 104. saying, that some take it (à capiendo l. icos) others (à capra) because it representeth those cottages, which men wore wont to cover over with 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 offi­cio sen bene ficio & capellania. Capella aliquibus dicta, quasi capiens [...] seu populos, vel capiens landem: vel secundùm praepositum (à cappa Divi Martini, aut à caprinis pellibus, quibus olim alta­ria [Page]tegeba [...]tur secundùm Archidiacanum. Ar­bitrarer & à simplici tecto, quo oratorium campe­stre operitur, laeteribus undiqua (que) patentibus & pa­tulis. Tectum enim Gallis simpliciter dicitur (cha­pelle) 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 privi­legiis, in 6. quòd in eo loco orationes non aliae res pro­fanae peragi debeant. ca. pen. & fina. 42. distinct. The same author in his book de beneficiis, cap. 11. nu. 10. hath these words: D [...]cti porrò primi tùs cappellant à cappa Sancti Martini, quam Reges Francorum ob adjuratorium in praeliis solebant secum habere: quam ferentes & custodientes, cum caeteris sanctorum reliquiis clerici, capellani caeperunt vocari, ut omnia refert Valafridus Stra­bo, Abbas Augensis, ca. fina. de incrementis rerum ecclesiastica.

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

Chapellain, (capellanus) is he that performeth divine service in a chapel; and therefore in our Common law, it i [...] used most ordinarily for him, that is depending upon the king, or other man of worth, for the instruction of him and his family, the executing of prayers and preaching in his private house, where common­ly they have a Chapel for that purpose, as anno 21 H. 8. cap. 13. Where it is set down what persons may privilege one or 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 Com­mon 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 de­livered 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 appear­eth 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 En­quest. 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 Ju­stices calieth them articles; and expresseth what they were wont to contain, lib. 3. cap. des articles in Eyr. An example of these chapters or articles you have in the book of assises, fol. 138. num. 44. as also in Roger Hoveaen, parte poster. suorum annal. i [...] Richardo primo, fol. 423.

Chapter (capitulum) signifieth in our Com­mon law (as in the Canon Law, whence it is borrowed) congregationem clericorum in ecclesia cathedrali conventuali, regulari, vel collegiata; and in another signification, locum in quo fiunt com­munes tractatus collegiatorum. It hath other sig­nifications, though not greatly worth the re­peating in this place, which you may read in Linwoods provincials glos. in ca, quia incontinentiae, de constitutionibas, verb. Capitulis. Why this col­legiat company should be called (capitulum) of the Canonists, a man may make a question: and for answer, it may be said, that it is metaphori­cally so termed, the word originally signifying a little head. For this company or corporation is a kind of head, not 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 (char­tres, 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 pri­vatorum; & regiarum alia privata, alia cōmunis, & aliauniver salis. Itemprivatorum, alia de puro feoffamēto & simplici, alia de feoffamento conditio­nali sive conventionali: & secundùm omnia genera feoffamextorum fieri potest. Item privatorum alia [Page]de recognitione pura vel conditionali. Item aliam de qutete-clamantia, Item alia de confirmatio­ne, &c. and so through the chapter. Briton like­wise in his 39. chapter, divideth Charters into the Charters of the King, and Charters of pri­vate persons. Charters of the King are those, whereby the King passeth any grant to any per­son or more, or to any body politick: as a Char­ter of exemption that a man shall not be em­paneled upon any Jury. Kitchin, fol. 114. & fol. 177. Charter of pardon, whereby a man is for­given 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 Veni­son. Charter of land. Broke, eodem titulo. That which we call a Charter, the Lombards in li­bris feudalibus call praeceptum (praeceptionem) Ho­tama, verbo praeceptum in verbis feudalibus. Of these Charters you have also along discourse in Fleta lib. 3. cap. 14. who expoundeth every sub­stantial part of a deed of gift particularly in or­der.

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

Charta partie (charta partita) is nothing but that which we call a pair of indentures, con­taining the covenants and agreements made between Merchants, or Sea-faring men, touch­ing their 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 de­liver 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 with­out 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 igno­rance 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 warn­ing, that the party might have taken heed to himself. See Skene de verbo signifi. verbo Melle­tum.

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, dai­ly 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 atten­dants 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 ety­mologie 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 ac­knowledgement of their slavery. Whereof Bra­cton, lib. 1. cap. 10 saith thus: chevagium dicitur recognitio in signum subjectionis & dominti de capite suo. It seemeth also to be used, for a sum of money, yearly given to a man by another of might and power, for his avowement, and maintenance & protection, as to their head or leader. M. Lamberds, li. 2. cap. 5. Eirenarch, writeh it (chivagt) or rather (chiefage.)

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

Chief. See Capite.

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

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

Chimin, (chiminus) cometh from the French (chemin, i. aditus, via) and signifieth in our Com­mon law, a way. It is divided into two sorts: the 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 be­long 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 di­vided into chimin in grosse, and chimin appen­dant, Kitchin fol. 117. Chymin in grosse is that way, which a man holdeth principally and sole­ly in it self: Chimin appendant is that, which a man hath adjoyne [...] to some other thing as ap­pertinent 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 can­not 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: Chi­min 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 ( [...]) 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 re­cord, after they be acknowledged, and fully passed by those Officers, by whom they are for­merly examined; and that writeth and deli­vereth the Indentures of them unto the party, anno 2 H. 3. cap. 8. and West. Symbol. parte 2. titu­lo fines. sect. 114. & 129. Fitzh. nat. br. fol. 147. A. This Officer also maketh two Indentures, one for the Buyer, another for the Seller; and maketh one other intended piece, contain­ing also the effect of the Fine, which he deli­vereth over to the Custosbrevium, that is called the foot of the Fine. The Chirographer also, or his Deputy, doth proclaim all the Fines in the Court every Term, according to the Statute; and then repairing to the office of the Custos brevium, there indorseth the Proclama­tions upon the backside of the foot thereof: and 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 procee­ding from the benefit of the King, for some small yearly Ren [...], and the performance of such services, as originally were laid upon the Land at the donation thereof. For as the King gave to the great Nobles his immediate Te­nents, 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 li­ked 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 clow­nish and rusticall. Chivalrie therefore is a te­nure of service, whereby the Tenent is bound to perform some noble or military office unto his Lord, and is of two sorrs: either 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 cal­led 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 [Page]Kings Sword before him at his Coronation, or at that day to be his Sewer, Carver, Butler, or Chamberlain. Litleton tit. Sergeantie. Petit Ser­geantie, is where a man holdeth land of the King, to yeeld him yearly some small thing to­ward 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 a­gainst his enemies, either himself, or to send a sufficient man in his place, there to be main­tained 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 twen­tie 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 Castle­ward: where the Tenent by his land is bound, either by himself, or by some other, to defend a Castle, as often as it shall come to his course Escuage certain, is where the Tenent is set at a certain 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 con­ditions 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 Cho­rus.

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 inter­pretation: 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 ibi­dem.

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 Ec­clesiastical. These be a kind of Corporation, enabled by law, to sue for any thing belonging to their Church, or poor of their Parish. See Lamberd in his Pamphlet of the duty of 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 contri­buerunt. Plures tamen magnates, post Romano­rum adventum, illam contributionem secundum ve­terem legem Moysi nomine primitiarum dabant: prout in brevi regis Knuti, ad summum Pontificem traxsmisso, continetur, in quo illam contributio­nem, (chirchsed) appellant, quasi semen Ec­clesiae.

CI

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

Cinqne portes (quinque portus) be those [Page]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 go­vernour 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 ju­risdictions, fol. 28. nameth the Cinque por. s Dover, Sandwich, Rye, Hastings, Winchelsea, Rumney, Hithe, whereof some, because the number exceedeth five, must either be added to the first institution, by some latter 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 lon­ger 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 Ju­rors, (if any impaneled appear not, or appea­ring, be challenged by either party) by adding unto them so many other of those that are pre­sent or standing by, as will serve the turn, v. an. 35 H. 8. cap. 6. and anno 5 Elizab. cap. 25.

Citie (civitas) commeth of the French (cite) and signifyeth with us, as it doth in other Re­gions, such a Town corporate, as hath a Bi­shop 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 e­nim dicitur, quatenus cum justitia & magistr atu­um ordine gubernatur; opidum, quatenus est [...]bi copia incolarum: & urbs, quatenus muris debito more cingitur. Propriè autem dicitur civitas, quae habet Episcopum. Supra de Episcop. & Cleri. l. Nulli. Aliâs dicitur gener aliter omnis habitatio plurimorum, quae muro cingitur. π. de verbo signif. lib. 2. & de penu lega. l. Nam quod §. Si ita. Sed strictè loquendo, si Episcopo caret, dicitur nrbs. π. de verb. signif. l. Pupillus. §. Oppidum, &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 alterna­tively termed a City or Borow. It appeareth by the Statute 35 H. 8. cap. 10. that then there was a Bishop of Westusmjter. Civitas, ac­cording to Aristotle, li. politicorum, ca. pri. is defined to be a certain or uniform government of the Inhabitants, & Caesar civitatem vocat po­pulum eodem jure utentem, Camd. Britan. pa. 310. But this is the generall definition of a Com­mon-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 Justi­ces in Eyre to admit of ones clai [...]n by Atturney, that is employed in the Kings service, and can­not 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 qualiter­cunque apposuerit: Bracton lib. 1. cap. 10. See the definition and divers sorts of claim in Plowden. Casu Stowel. fol. 359. a.

Clarentius. See Herald.

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 Parlia­ments, and is, when a Priest, or one within Orders, is arraigned of felony before a secular Judge, he may pray his Clergy, which is as much as if he prayed to be delivered to his Or­dinary, to purge himself of the offence object­ed. And this might be done in case of mur­ther. Cook lib. 4. fol. 46, a. This libertie is men­tioned in articulis cleri, ann. 9 Ed. 2. cap. 16. and what persons might have their Clergy, and what not, see Stawnf. pl. cor. lib. 2. cap. 42 & 43. Howbeit there be many statutes made since he writ that book, whereby the benefit of Clergy is abridged: As anno S. El. cap. 4. an 14. [Page] 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 with­in 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 Ordi­naries Commissioner, or Deputy standing by do say (legit ut Clericus) or otherwise suffereth death for his transgression.

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

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

Clerico convicto commisso gaolae in defectu ordi­narii deliberando, &c. is a Writ for the deli­very of a Clerk to his Ordinary, that formerly was convicted of felony, by reason his Ordina­ry did not challenge him according to the pri­vile [...]ges of Clerks. Regist. origin. fol. 69. a.

Clerico infra sacros ordines constituto non eli­gendo in officium, is a Writ directed to the Bai­liffs, &c. that have thrust a Bayliwick or be­dleship upon one in holy Orders, charg­ing them to release him again. Register orig. fol. 143. a.

Clerk (clericus) hath two significations: one, as it is the title of him that belongeth to the holy ministery of the Church, that is, (in these dayes) either Minister or Deacon, or what other degree or dignity soever: though accord­ing 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 re­gular) or secular, anno 4 Hen. 4. cap. 12. The other signification of this word noteth those, that by their function or course of life practise their pen in any Court, or otherwise; as name­ly, the Clerk of the 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 pro­cure of them.

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

Clerk of the Crown in the Chancery (clericus co­ronae in Cancellaria) is an Officer there, that by himself or his Deputy is continually to at­tend the Lord Chancellor or Lord Keeper, for special matters of estate by commission or the like, either immediately from his Majesty, or by order of his councel, as well ordinary as extra­ordinary, viz. commissions of Lieutenancies, of Justices errant, and of Assises of Oyer and Ter­miner, of Gaol-delivery, of the peace, and such like, with their writs of Association, and Dedi­mus potestatem, for taking of oaths. Also all ge­neral pardons upon grants of them at the 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 an­ne [...]ed to his office in the reign of Queen Ma­ry, in consideration of his continual and charge­able attendance: both these before being com­mon for every Cursitour and Clerk of Court to make.

Clerk of the Crown (clericus coronae) is a Clerk or officer in the 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-of­fice. 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 wri­teth them out to be levied for the King. He also maketh schedules of such summes extreat­ed as as are to be discharged.

Clerk of assise clericus assisae) is he that wri­teth 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 be­longing to the Exchequer, whose office is to enter every Tellers bill into a parchement rolle [Page]called (Pellis receptorum) and also to make ano­ther 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 amer­ciaments, which grow due to the King any way in that Court, and hath a standing fee of ten pounds of the King, for making the same ex treats. See Fitzh. nat. br. fol. 76. in prin.

Clerk of the 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 re­turn of all inquisitions out of [...]every Shire, all Liveries granted in the Court of Wards, all ouster le maines, to make all patents of Custo­mers, Gaugers, Controllers, and Aulnegers, All conge de eslires, for Bishops, All liberateis upon extents of statute staples, the recovery of Reco­gnisances forfeited, and all Elegits upon them, the summons of the Nobility, Clergy, and Bur­gesses to the Parliament; Commissions directed to Knights, and other of every Shire, for seising of the Subsidies. Writs for the nominations of Collectours for the fifteenths, and all traverses upon any office, bill or otherwise, and to re­ceive 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 Inven­tary 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 exam­ples of all the measures that ought to be through the Land: as of Elns, Yards, Lagens, as Quarts, Pottles, Gallons, &c. of Weights, Bu­shels and such like, and to see that all measures in every place be answerable unto the said Standard, Fleta lib. 2. cap. 8.9.10.11.12. of which office, as also of our diversity of weights and measures, you may there find a Treatise worth the reading. Britton also in his 30 chapter, saith in the 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 Re­gis) is an Officer belonging to the Court of Com­mon plees, unto whom every fine is brought, after it hath been with the custos Brevium, and by whom the effect of the Writ of Cove­nant is entred into a Paper-book; and accord­ing 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 domi­no Regi dimidium merkam (or more according to the value) pro licentia concordandi C. cum C.D. pro talibus terris, in tali villa, & habet chirogra­phum per pacem admissum, &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 re­cord the Proclamations of rates for servants Wages, to enrol the discharge of Apprentices, to keep the Counterpain of the Indenture of Armour, to keep the Register book of Licenses, given to Badgers and laders of corn, and of those that are licensed to shoot in gunnes, and to certifie into the Kings Bench transcripts of Indictments, Outlawries, Attainders, and Con­victions 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 Offi­cer attendant continually on his Majesties prin­cipal secretary, who alwayes hath the custody of the privy Signet, as well for sealing his Ma­jesties 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 sta­tute made anno 27 H. 8. cap. 11.

Clerk of the privy seal (clericus privati sigilli) is an officer (whereof there be four of number) that attendeth the Lord Keeper of the privy Seal, or if there be none such, upon the principal Secretary, writing and making out all things that be sent by warrant from the Signer to the privy Seal, and are to be passed to the great Seal, as also to make out (as they are tearmed) privy Seals upon any special occasion of his Majesties affairs; as for loan of money, and such like. Of this offi­cer and his function, you may read the statute, an. 27 H. 8. cap. 11. He that is in these dayes [Page]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 rec­koned in the number of the great officers of the realm. Read the statute, anno 12 R. 2. cap. 11.

Clerk of the Juries or Jurata writs (clericus Juratorum) is an Officer belonging to the Court of the Common plees, which maketh out the Writs called (Habeas corpora) and (Di­stringas) 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 ac­counts and debts due to the King, delivered and drawn out of the Remembrancers offices, chargeth them down into the great Roll: who also writeth summons to the Sheriff, to levy the said debts upon the goods and 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 re­maineth 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 ingros­sing 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 repre­senteth a shadow of that which the Romans tearmed (Fiscum) that contained the Empe­rors treasure.

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

Clerk of the Treasury (clericus the saurariae) is an Officer belonging to the Common 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 Defen­dants 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 Un­der-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 Of­ficer 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 cut­ting it out into rolls, and marking the num­bers 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 utla­gariarum) is an Officer belonging to the Court of Common plees, being onely the servant or Deputy to the Kings Atturny gene­ral, for making out the writs of (capias utlaga­ [...]um) after outlawry. And the Kings Attur­nies 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 ver­tue 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 [Page]there be two) is an officer in Court, that hath place and seat in the Counting-house, and au­thority to allow or disallow the charges and demands of 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 warn­ed and charged for that purpose. This Offi­cer you have mentioned, an. 33 H. 8. cap. 12.

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

Clerk of the check is an officer in Court, so cal­led, because he hath the check and controlle­ment 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 de­fects in attendance, or diminishing their wages for the same. He also nightly by himself or De­puty taketh the view of those that are to watch in the Court, and hath the setting of the watch. This officer is mentioned, anno 33 Henric. 8. cap. 12.

Clerk Marshal of the 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 Her­bal. lib. 3. cap. 144. This is comprised among such spices as be to be garbled, an. 1 Jacob. c. 19.

CO

Cocket (cockettum) is a seal appertaining to the Kings Custome-house, Regist. orig. fol. 192 a. and also a scrow of parchment sealed and deli­vered by the officers of the Custome-house to Merchants, as a warrant that their merchandise be customed anno 11 H. 6. cap. 16. which parch­ment is otherwise called literae de coketto, or li­terae testimoniales de coketto, Regist. ubi supr. fol. 179 a. So is the word used, anno 5 & 6 Edw. 6. cap. 14. & an. 14 Edw. 3. stat. 1. c. 21. This word is also used for a distinction of bread in the sta­tutes of bread and ale, made anno 51 H. 3. where you have mention of bread coket, wastel­bread, bread of 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 acknow­ledgeth a fine in Lands or Tenements to ano­ther: Cognisee is he to whom the fine is ac­knowledged, West, parte 2. symbol. tit. Fines, sect. 2.

Cognizance, cometh from the French (cogni­sance, 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 cognos­cens latro. Bracton lib. 3. tract. 2. cap. 3.20, 32. cognoscere se ad villanum, Idem, lib. 4. tract. 3. cap. 16. As also to make cognisance of taking a 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 Ju­stice, or other that hath power to take a Fine, who having taken acknowledgement of a Fine, deferreth to certifie it into the Court of Com­mon 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 proba­bly verifieth the opinion of such as do hold the ancientest sort of Coyn to be cornered, and not [Page]round. Of this Lawyers substantive (cuna) com­meth the Lawyers verb (cunare) i. to coyn. Cromtons Justice of peace fol. 220.

Coliander seed, or rather coriander seed (Se­men 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 hang­eth 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. Col­laterall 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 es­sence 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 man­ner 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 li­cence. 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) signi­fieth properly the bestowing of a Benefice by the Bishop that hath it in his own gift or patronage, and differeth from Insti­tution in this, for that institution into a be­nefice is performed by the Bishop, at the mo­tion or presentation of another who is patron of the same, or hath the Patrons right for the time. Extra de institutionibus, & De concessione praebendarum, &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 Com­mon 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 judg­ment 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 al­so one Case of Collusion in the Register orig. fol. 179 a.

Combat (duellum) is a French word, signi­fying as much as (certamen, decertatio, dimica­tio, discrimen, praelium, pugna) but in our Common law it is taken for a 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 Pa­ris de Puteo, de re militari & duello, Alciat de Duello, Hottoman disputatio feudalium, cap. 42. and others. As also in our Common Law­iers 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 Sigo­nius, in his History de regno Italiae, l. 2. de A­ricaldo rege: who there reporteth, that the said king having put away his wife Gundeber­ga, upon a surmise of Adulterie with Tato Duke of Etruria, at the private suggestion of Adalulphus, a great man among the Lom­bards, & being charged by Clotharius the King of France his Ambassadour, of whose blood shee wa [...]that he had done her wrong: he an­swered, that he had done her no wrong. Wher­upon Ansoaldus one of the Ambassadour re­plyed, 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 yiel­ding 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 cu­mini) [Page]is a seed brought forth by an Herb so called, which you may see described in Ge­rards Herball, lib. 2. cap. 416. this is placed among the garbleable drugs, anno 1. Jacob. cap. 19.

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

Comitatu & castro commisso, is a writ where­by the charge of a County together with the keeping of a Castle is committed to the She­riff, Reg. orig. fol. 295. a.

Commandrie (praeceptoria) was by some mens opinion, a Manor or chief messuage, with which lands or tenements were occu­pied, 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, ta­king 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 ap­peareth, 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, not­withstanding that she had covent & comon seal and had her possessions severall, and was wont to lease the land for Term of years, Ful­becks 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 hos­pitalis Sancti Johannis Hierosolymitani, beneficia quidem secundum quid ecclesiastica dicuntur à Barbatia ad Clement. causam col. 51. de Electio­ne. Tamen non prop iè dicuntur ex genere com­munium beneficiorum, eo quòd personae conferen­tes, & quibus conferuntur, non sunt laicae vel ec­clesiasticae, sed tertii ordinis. De his benefici [...]s fit mentio. cap. exhibita de privilegiis, in extra­vag.com. in cap. Dudum, de decimis. These in many places of our Realm are tearmed by the name of Temples, because they sometime be­longed 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 pe­regrinorum, juxta templum Hierosolymitanum Xendochium edificatum, tit. Divi Johannis, quo exciperentur peregrini, quos coenobia caepere non possent. Hujus ergo ministerio quoque viri p [...]i no­biles se devoverunt, qui & peregrinos tutarentur, & â latronum seu Agarenorum incursu defen dere nt. Horum professio est votum solenne pau­pertatis, & abdicationis propriorum, castuatis, et obedientiae. Proinde propter primum votum nihil proprii habent, vel habere debent, sed accipiunt annonam, quàm diu vivunt, vel praeceptorias (quas vocant Commandries) administrant, quàm diu eas possident, et optione mutant, vel en ma­gistri licentia permutant reddituri morientes quae apud eos reperientur: societati. Of these Corasius in his para phrase ad sacerd. nat. part. 1. ca. 3. saith thus: Praeceptoriae Rhodienses, cum non ni­si fratribus Hierosolymitanis, atque ita personis ecclesiasticis confer antur beneficiis ecclesiasticis annumer ari merit ò debent.

Commandement (praeceptum) is used diver­sly 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. Co­ron. fol. 72. or of the Justices. And this com­mandement of the Justices is either absolute or ordinary. Absolute, as when upon their own authority in their wisdome and descreti­on, they commit a man to prison for a punish­ment: ordinary is, when they commit one rather for safe custody than punishment. And [...] man committed upon an ordinary comman­dement is replevisable, Pl. cor. fol. 73. Com­mandement 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 di­vided into Commen in grosse, commen appen­dant, commen appertinent, and commen per caus. de vicinage, i. by reason of neighbourhood. Commen in grosse is a liberty to have Com­men alone (that is) without any land or te­nement, 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 ap­pendant and Commen appertinent be in a manner confounded; as appeareth by Fitz. Nat. brev. fol. 180. and be defined [...] be a [Page]liberty of Common, appertaining to, or depen­ding 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 ap­pendant hath it but for beasts commendable, as horses, oxen, kine and sheep, being ac­counted fittest for the Plowman: and not of Goates, Geese, and Hogs. Whereunto the Author of the new Terms of Law addeth ano­ther difference, which is, That Commen ap­pertinent may be severed from the land wher­unto it is appertinent, but not Commen ap­pendant. The originall of Commen appen­dant, Sir Edw. Coke, l. 4. fol. 37. thus expres­serh: 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 Litle­ton, was: the Feoffee to maintain the ser­vice 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 cau­ses; 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 con­sequent, the feoffee had, as a thing necessa­ry and incident, Commen in the wasts and land of the Lord. And this appeareth by an­tient 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 re­hearsall of the statute of Merton, c. 4. The se­cond reason was for maintenance and advance­ment of tillage, which is much regarded and favoured in the Law. Thus far Sir Edward.

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 Com­men 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 Dura­neus, 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 custo­diam alicui comissam: Johannes Andreas there­upon saith thus: huic definitioni necessario haec ad­ [...]icienda putem: in tempus gratiâ evidentis neces­sitatis & utilitasis. Id (que) docuit textus in dicto capi­ce. Nem [...]. Corrasius in his paraphrase de sacerdo­ [...]iorum materia, parte 1. cap. 6. nu. 3. & seq. thus describeth the matter: In commendam concedi­tur benificium, cùm Romanus Pontifex, Legatus, aut Episcopus (Ne (que) enim inferioribus, qui ex privilegio aut alio jure spirituali conferunt, con­cessum est ca. cunt omnes basilicae, 16. quaest. 7. ecclesiae vacantis custodiam alicui committit, ad­ministratorem generalem ejus templi eum consti­tuens, ca. nemo, de electio. in sexto. Commendare nnim aliud est nihil, quàm deponere. l. publius. π. depositi. l. commendare. [...]. de verb. signif. Hoc au­tem, ad tempus sex. mensium, et pro evidenti ne­cessitate aut utilitate ecclesiae lex permittit, (d. ca. Nemo.) Quare commendatarius qui ecclesiae va­cantis & fructuum ad tempus duntaxat custodiam habet, nec tenere beneficium, jusve habere in be­neficio, aut canonicum titulum censebitur; uti nec depositarius in re deposita: whereof also Pe­trus Gregorius de beneficiis, cap. 10. nu. 13, thus writeth: In hac quarta divisione, potest addi ter­tium genus beneficii, quod citra praescriptionem qualitatis à persona alterius qualitatis quàm bene­ficium exig at natur â possidetur, sed sine praejudicio naturae beneficii, et per dispensationem eo com­mendato olim ad tempus certum certae personae, ho­die, ut plerunque quàm diu commendatarius vix­erit. Vocant hoc beneficium commendatum com­mendam: ut si regulare beneficium à Summo Pontifice conferatur, nomine commendae seculari. Nam ideo non mutatur beneficii natura, nec fit ideo seculare, &c. And a little after, Interim an­notabimus duplici de causa fieri commendam ec­clesiae, nempe vel in utilitatem ecclesia, vel com­mendatarii. In primo commenda titulum non dat beneficii commendatario, & dicitur potius custo­dia qua revocari potest: quod repugnat naturae be­ficii, quod est perpetuum. In secundo autem ca­su beneficium censetur in utilitatem commendata­rii commenda facta, quam possidere potest quàm diu vixerit, &c. whom you may also read, c. 2, l. 13.

Commissary (commissarius) is a title of eccle­siasticall jurisdiction, appertaining to such a one as exerciseth spiritual jurisdiction (at the least so far as his Commission permitteth him) [Page]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 com­missarius, or officialis foraneus. Lyndwoods provin. cap. 1. de accusatio, verbo, Mandatum archiepiscopi, in glos. and is ordained to this es­peciall end, that he supply the Bishops juris­diction and office in the out-places of the Di­oces, or else in such parishes as be peculiars to the Bishop, and exempted from the juris­diction of the Archdeacon. For where ei­ther by prescription or composition, there be Archdeacons that have jurisdiction within their Archdeaconries, as in most places they there have, this commissary is but super­fluous, and most commonly doth rather vex and disturb the Country for his lucre, than of conscience seek to redresse the lives of offen­ders. And therefore the Bishop taking pre­station 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 ex­ercising jurisdiction either ordinary or extra­ordinary, have for their power to hear or de­termine any cause or action. Of these see di­vers in the table of the Register original, verbo Commissio. Yet this word sometime is ex­tended further than to matters of judgement: as the Commission of Purveyers or takers, anno 11 H. 4. cap. 28. But with this epitheton (High) it is most notoriously used for the ho­nourable Commission Court, instituted and founded upon the Statute, 1 Eliz. cap. 1. for the ordering and reformation of all offences in any thing appertaining to the jurisdiction ecclesiastical: but especially such as are of higher nature, or at the least require greater punishment, than ordinary jurisdiction can afford. For the world being grown to that loosenesse, as not to esteem the censure of ex­communication, necessity calleth for those censures of fines to the Prince and imprison­ment, which doe affect men more neerly.

Commission of rebellion (commissio rebellionis) is otherwise called a writ of Rebellion (Bre­ve Rebellionis) and it hath use, when a man af­ter proclamation made by the Sheriff upon an order of the Chauncery, or court of Statre­chamber, under penalty of his allegeance, to present himself to the Court by a certain day, appeareth not. And this commission is di­rected by way of command to certain persons, to this end, that they, or three, two, or one of them, doe apprehend, or cause to be apprehen­ded, 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 com­mission 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 conside­ration of some certain men, appointed by the house, farther to examine it: who thereupon are called Committees. Committee of the King, West. part. 2. symbol. titulo 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 commit­ted 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 Contro­versies 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) con­sueverunt Justiciarii imponere villatis, juratori­bus, hundredis, & toti comitatui concelamentum, & omnes separatim amerciare: quod videtur vo­luntarium, cùm de per jurio & concelau [...]ento non fuerint convicti, sed potius dispensandum esset cum eis quod anim as in statera posuerint pro pacis con­servatione, lib. 1. cap. 48. §. Quibus. And a little following, §. Et provisum, he hath these words: [Page] Et provisum ests, quòd communes misericordiae vel fines comitatuum amerciatorum in finibus inine­rum Justiciariorum ante recessum ipsorum Justi­ciariorum per sacramenta militum, & aliorum proborum hominum de comitatu eodem, affidentur super eos qui contribuere debent: unde particulae Justiciariis liberentur, ut cum aliis extractis suis ad Scaccarium liberare valeant. These last words of his have relation to the statute, Westminst. pr. cap. 18. which read. See Fine.

Common 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 Com­mon 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 expres­seth all the circumstances of this admission. The rest of the Officers belonging to this Court, are these: The Custos brevium, three Protonotaries, otherwise called Prenotaries, Chirographer, Filazers 14. Exigenters 4. Clerk of the War­rants, Clerk of the Juries, or Jurata writs, Clerk of the Treasury, Clerk of the Kings Sil­ver, Clerk of the Essoins, Clerk of the Out­lawries. 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 Pas­cae, &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 pro­mise of two or more parties at difference, to referre the ending of their Controversies, to the arbitriment and equity of one or more arbi­tratours. West. defineth it thus, parte 2. symbol. titulo Compromise sect. pri. A compromise or sub­mission (arbitrium, compromissum, submissio) is the faculty or power of pronouncing sentence between persons at controversie, given to ar­bitratours by the parties mutual private con­sent, without publike authority.

Computo, is a writ so called of the effect: be­cause it compelleth a Bailiff, Chamberlain, or [Page]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 no­thing to shew for them, anno 39 Eliz. cap. 22. They be so called, à concelando, as mons à moven­do, per antiphrasin.

Concord (concordia) is in the Common law, by a peculiar signification, defined to be the very agreement between parties, that intend the le­vying 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 con­sidered, West. parte 2. Symbol. titulo fines and con­cords. sect. 30. whom read at large. Concord is also an agreement made upon any trespasse committed between two or more: and is divi­ded into a Concord executory, and a Concord executed. See Plowden, casu Renig [...]r, & Fogassa. fol. 5. & 6. where it appeareth by some opini­on, that the one bindeth not as being imper­pect: the other absolute, and tyeth the partie [...]: and yet by some other opinion in the same case, it is affirmed that agreements executory be per­fect, 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 seek­eth to be endowed, but his Concubine, Britton, cap. 107. Bract. l. 4. tract. 6. cap. 8.

Condition (conditio) is a rate, manner, or law, annexed to 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 conditi­on annexed to the rent. Sir Edward Coke, lib. 3. Pennants case, fol. 64. Collateral condition is that, which is annexed to any collateral act: as that the Leassee shall not go to Rome, ib. fol. 65. Condition is also divided, into condition in deed or fact, and condition in Law: which otherwise may be termed, condition expressed, and condition implyed. Perkins, Conditions, 722. These, and other like divisions of condi­tions, 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 pas­seth. 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, ex­cept it be strengthened by the confirmation of the Dean and Chapter. See more of this, in West. parte prim. symb. lib. 2. sect. 500. and Fitzh. nat. br. fol. 169. B. 226 H. 271 D. 163. G. and Littleton, lib. 3. cap. 9.

Confiscate (confiscatus) may be said to come either from the Latine (confiscare) or the French (confisquer, i. in publicum addicere.) All these words are drawn from (fiscus) which ori­ginally signifieth a Hamper, Pannier, Basket, or Freil: but Metonymically the 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 bo­na 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 [Page]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 perso­nal conference with the Devil or evil spirit, to know any secret, or to affect any purpose, anno 5 Elizab. cap. 16. And the difference that I have observed (how truly, let those judge that be better skilled in these matters) between conjuration and witchcraft, is because the one seemeth, by prayers and invocation of Gods powerful names, to compel the devil, to say or do what he commandeth him: the other deal­eth rather by friendly and voluntary conference or agreement between him or her and the devil or familiar, to have her or his desires and turns served in lieu of blood, or other gift offered unto him especially of his or her soul. And both these differ from inchantments or sorceries, because they are personal conferences with the Devil, as is said: but these are but medi­cines and ceremonial forms of words (called commonly charms) without apparition.

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

Conservator of the truee and sase conduicts (con­servator induciarum & salvorum regis conductu­um) 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 of­fences done against the Kings truce and safe conducts, upon the main Sea, out of the Coun­tries, and out of the Franchises of the Cinque ports of the King, as the Admirals of Custome were wont, and such other things as are de­clared, anno 2 H. 5. cap. 6. Touching this matter you may read another statute, anno 4 H. 5. cap. 7.

Conservatour of the Peace (conservator velcu­stos pacis) is he that hath an especial charge by vertue of his office, to see the Kings peace kept. Which peace learned M. Lamberd de­fineth, in effect, to be a with-holding or absti­nence 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 punish­ment. Of these Conservators he farther saith thus: that before the time of King Edward the third, who first erected Justices of Peace there were sundry persons, that by the Com­mon law had interest in keeping of the Peace. Of those some had that charge as incident to their offices, which they did bear, and so inclu­ded within the same, that they were never the 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 Con­servators of the Peace. The former and latter sort he again subdivideth. Which read in his Eirenarcha, lib. 1. cap. 3.

Consideration, (consideratio) is that with us, which the Grecians called [...]: that is, the material cause of a contract, without the which, no contract bindeth. This considera­tion is either expressed, as if a man bargain to give twenty shillings for a Horse: or else im­plyed, as when the law it self inforceth a confi­deration; 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 Par­liament. [Page]And as the house of the Parliament, so this consisteth of two distinct Houses: one called the higher Convocation-house, where the Archbishops and Bishops sit severally by themselves: the other, the lower Convoca­tion-house, where all the rest of the Clergie are bestowed. See Prolecutor.

Conusance. See Cognisance.

Conusour. See Cognizour.

Consolidation (consolidatio) is used for the com­bining, and uniting of two Benefices in one. Broke titulo Union. This word is taken frō the Ci­vil Law, where it signifieth properly an uniting of the possession, occupation, or profit with the property. For example, if a man have by Lega­cie 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 main­tain their malicious enterprises. And this ex­tendeth as well to the takets, as to the givers. And Stewards and Bayliffes of great Lords, which by their seignorie, office, or power, un­dertake to bear or maintain quarrels, plees, or debates that concern other parties, than such as touch the estate of their Lords, or them­selves, anno 4 Ed. 3. cap. 11. anno 3 H. 7. cap. 13. and of this see more, anno 1 H. 5. cap. 3. & an. 18 H. 6. cap. 12. as also in the new book of Entries, ver. Conspiraey.

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 confede­racie 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 Indict­ment of Felony, at the Kings sute, is that the party attainted, leese his frank law, to the in­tent that he be not empaneld upon Juries or As­sises 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 commit­ted to prison. 27 lib. assis. 59. Cromptons Justice of Peace, fol. 156. b. This is called villanous judgement or punishment. See Villanous judge­ment. 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 con­spiratours, 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 seem­eth to me the more probable, because we have this Officer from France, as most others, and not from the Saxons. And Tilius in his Com­mentaries (de rebus Gallicis li. 2. c. de conistabili, hath the same etymologie, giving the reason thereof, (quia praeest stabulo, i. equili regis) which office is ancient here in England, and mention­ed by Bracton, seeming to answer him that was called (tribunus celerum) under the first Kings of Rome, and (Magister equitum) afterward. The Germans that 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 fis­calis. 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 dis­cretion: as perhaps some will judge me here to have done. And therefore enough of this. This word is diversly used in our Common law: first 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 mat­ters of wars. Lamb. ubi supra, with whom agreeth the statut. anno 13 R. 2. cap. 2. statut. 1. Smith de Repub. Anglo. lib. 2. cap. 25. Of this Officer or Magistrate, M. Gwin in the Pre­face to his Reading saith to this effect: The Court of the Constable and Marshal deter­mineth [Page]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 bat­tel 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 magistra­cie (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 constabu­larii capitales. And these be now a dayes cal­led high Constables: because continuance of time, and increase both of people and offences, hath again under these made others in every Town called petit Constables, in Latine (sub­constabularios) which are of like nature, but of inferiour authority to the other, as you may read at large in that learned mans Treatise be­fore named. Of these also read S. Thomas Smith, lib. 2. cap. 22. Beside these there be officers of particular places called by this name; as Constable of the Tower, Stawnf. pl. cor. fol. 152. & anno 1 H. 4. cap. 13. Stows annals pa. 812. jurisdict. fol. 132. Constable of the Exche­quer, anno 51 H. 3. statute 5. Constable of Dover Castle, Camdeni Britan. pag. 239. Fitzh. nat. br. fol. 240. otherwise called castellane, West. i. cap. 7. anno 3 Ed. 1. But these be castellani pro­perly, as Master Lamberd noteth, though con­joyned in name with the others. See the Sta­tute anno 32 H. 8. cap. 38. M. Manwood parte prima, c. 13. of his Forest laws maketh mention of a Constable of the Forest.

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

Consultation, (consultatio) is a Writ whereby a cause, being formerly removed by prohibi­tion from the Ecclesiastical Court, or Court Christian, to the Kings Court, is returned thi­ther again. For the Judges of the Kings Court, if upon comparing the libel with the suggesti­on of the party, they do find the suggestion false or not proved, and therefore the cause to be wrongfully called from the Court Christian; then upon this consultation or deliberation, they decree it to be returned again, whereupon the Writ in this case obtained, is called a con­sultation. Of this you may read the Register orig. fol. 44, 45. &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 Tene­ment or dwelling house, that is in his own oc­cupation. For in Magna charta, chap. 14. you have these words: A free man shall not be amerced for a small fault, but after the quantity of the fault, and for a great fault after the manner thereof, saving to him his contenement or 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 amer­ciabitur, nisi secundùm modum delicti, secundùm quod delictum fuit magnum velparvum, & salvo contenemento suo: mercator verò non nisi salva merchandiz: sua, & villanus nisi salvo Waniagio suo: which mercy seemeth to have been learn­ed from the Civil law: whereby (executio non potest fieri in boves, aratra, aliave instrumenta ru­sticorum, l. executores & Authen. Agricultores. Co. quae res pign. obliga. nec in stipendia, arma & equos militum, l. stipendia. Co. de executio. rei judica. & ibi doctores nec in libros scholarium. glos. in l. Nepos Proculo. verbo dignitate. π. de verbo signi­fica. Quae tamen rusticorum, militum & scholari­um privilegia circa executionem vera esse, & ea­tenus obtinere intelligenda sunt, quatenus alia bona habent. Johan. Eimericus in processu judiciario: cap. de Executione senten. 79. num. 11.

Continuance, seemeth to be used in the Com­mon law, as prorogatio is in the Civil law. For example: Continuance until the next 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 de­nyed 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 dan­ger. For example, if I be disseised of land, into which, though I have right unto it, I dare not enter for fear of beating: it behooveth me to hold on my right of entry to the best op­portunity [Page]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 with­in the year and the day, and so continue my claim, until I can find him within that compass: I may lawfully lay hold of him as mine own. Fitz. nat. br. fol. 79. See more in Litleton, verbo, Continual claim. And the new book of Entries, Ibid. and Fleta. lib. 6. cap. 53.

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

Contra formam collation is, is a Writ that lieth against an Abbot, or his successor (for him, or his heir) that hath given land toan Abbey, to cer­tain good uses, and findeth that the Abbot or his 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 cer­tain Lands or Tenements, by charter of Feof­ment of a Lord, to make certain services and sutes to his Court, and is afterward di­streined for more, than is contained in the said charter, Register orig. fol. 176. Old nat. br. fol. 162. and the Terms of the Law.

Contributione facienda is a Writ that lieth in case where more are bound to one thing, and one is put to the whole 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 refu­sing to contribute toward the reparation thereof, the rest shall have this Writ to compel them. And if there be three Coparceners of Land, that 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 re­quired 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 [...], which in Rome was used for him, cui ia muneris iujunctum erat, ut observares pe­cúniam, quam in usum Principis vel civitatis col­legerunt exactores. Budaeus in annota. prio. in pand. tit. De officio quaestoris. In England we have divers officers of this name: as Controller of the Kings house, pl. cor. fol. 52. & anno 6 H. 4. cap. 3. Controller of the Navie, anno 35 Eli­zabeth. 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 men­tioned in the laid Clerks office, and opening the bags, to note the just number, and especi­al effect of all things so received, and to enter the same into a special book, with all the du­ties appertaining to his Majestie, and other of­ficers for the same, and so chargeth the Clerk of the Hanaper with the same. Controller of the Pipe, (contrarotulator Pipae) who is an offi­cer of the Exchequer that writeth out sum­mons twice every year to the Sheriffs, to levie the ferms and debts of the Pipe, and also keep­eth a contrarolment of the Pipe. Controller of the Pell, is also an officer of the Exchequer, of which sort there be two, vtz, the two Cham­berlains Clerks, that do, or should keep a con­trolment of the Pell of receipts and goings out. And in one word, this officer was originally one, that took notes of any other officers ac­counts or receipts, to the intent to discover him, if he dealt amisse, and was ordained for the Princes better security, howsoever the name si­thence 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 [Page]appellis & inquisitionibus, quàm aliis officium il­ludtangentibus, &c. Which (contrarollum) is nothing else but a parallel of the same quality and contents with the [...], or original. This also appeareth by anno 12 Ed. 3. cap. 3. And this signification it seemeth to have also in France. For there the King hath his Receivers of Tailes in every Province, & Controllers, qui ad majorem fidem susceptoribus accedunt, descri­bu [...]tque in tabulis quae colliguntur. Gregorii syntag. lib. 3. cap. 6. num. 6.

Conventione, is a Writ, that 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 divi­deth 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 convi­ction is, either when a man is out-lawed, o [...] appeareth and confesseth, or else is found guil­ty 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 Ance­stours, 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 cal­led Adaequatio among the Feudists. Hot. in ver­bis feuda. verbo Adaequatio. And among the Civilians it is termed familiae erciscundae judi­cium, quod inter cohaeredes ideo redditur, ut & hae­reditas dividatur, & quod alterum alteri dare fa­cere oport [...]bit, praestetur, Hotoman. Of these two you may see Litleton at large in the first and se­cond Chapters of his third Book, and Britton, cap. 27. intituled, De heritage divisable. The Crown of England is not subject to Coparcino­ry, anno 25 H. 8. cap. 22.

Copie, (copia) cometh from the French (copia, i. le double de quelque escripture, latinè descriptio, graecè [...],) and signifieth in our common language, the example of an original writing; as the 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 no­thing to shew, but the copie of the Rolls made by the Steward of his Lords Court. For the Steward, as he inrolleth, and maketh remem­brances of all other things done in the Lords Court: so he doth also of such 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 Court­roll: 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 cer­tain that which is fineable the Lord rateth at what fine or income he pleaseth, when the Tenent is admitted unto it: that which is cer­tain, is a kind of inheritance, and called in many places 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 Free­hold. 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 an­cient Demesn is see in the right place. See Te­nent 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. de­fineth 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 [Page]time out of memory of man, by use and cu­stome of the said Manor, have been demisable, and demised to such, as will take the same in Fee, in Fee-tail for life, years, or at will, accord­ing to the 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 mea­sures of corn. For corus tritici is a certain measure of corn. Bracton libro 2. cap. 116. nu. 6. who in the same Chapter, num. 8. hath of this matter these words: Sunt etiam quaedam com­munes praestationes, quae servitia non dicuntur, nec de consuetisdine veniunt, nisi cum necessitas interve­nerit, vel cùm rex venerit: sicut sunt hidagia, co­raagia, & carvagia, & alia plura de necessitate, & ex consensu communi totius regni introducta, & quae ad dominum feudi non pertinent, & de quibus nul­lus tenetur tenentem suum acquietare, nisi se ad hoc specialiter obligaverit in charta sua, &c.

Cordiner, cometh of the French (Cordovan­nier, 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 Picts­wall. Cambden Britan. pag. 609. hence cometh the word (cornuare) to blow a horn. pupil. oculi, parte 5. cap. 22. in charta de Foresta. This service seemeth to have proceeded from the Romans. For I find (cornicularios) mentioned in the Ci­vil law, viz. lib. 1. Cod. de officio diverso. Jud. 48. lege 3. & lib. 12. tit. de apparitoribus praefectorum prae­torio, 53. lege 1. & 3. where Lucas de Penna de­fineth them (eos qui cornu faciunt excubias mili­tares.) And Brissonius lib. 3. de verbo significat. faith thus of them: (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 differ­ence between a corrodie and a pension seem­eth 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 mainte­nance 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 set­teth down all the Corrodies and pensions cer­tain, that any Abbey, when they stood, was bound to perform unto the King. There is mention also of a Corrody in Stawn. praeroga­tive 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 ap­parent by the Statute, anno 34. & 35 H. 8. c. 16. that Corrodies belonged some time to Bi­shops from Monasteries: and by the new Terms of law, that a Corrody may be due to a common person by 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 Corro­dies in it self. By which book it appeareth al­so, that a Corrody is either certain or uncertain, and that it may be for life, years, in Tail, or in Fee.

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

Coronatore eligendo, is a Writ which after the death or discharge of any Coroner, is directed to the Shyreeve out of the Chancery, to call to­gether the 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 per­son, [Page] 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 un­to him, read Bract. lib. 3. tract. 2. cap. 5. de officio coronatorum circa homicidium: and cap. 6. de of si­cio coronatoris in thesauris inventis: and cap. 6. de officio coronatorum in raptu virginum: and cap. 8. de officio coronatorum de pace & plagis. And Brit­ton in his first Chapter, where he handleth it at large. Fleta also in his first book, cap. 18. and A [...]drew Horns 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 di­vers 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 be­longing 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 Ci­vil law calleth Ʋniversitatem, or Collegium: A bodie Politick authorised by the Kings Char­ter, to have a common Seal, a head Officer, one or more, and members able by their com­mon consent, to grant, or to receive in law, any thing within the 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 Exe­cutor or Heir. See Brokes his abridgement, titu­lo Corporation: and the new Terms of Law, Eo­dem.

Corpus cum causa, is a Writ issuing out of the Chancerie, to remove both the body and the record touching the cause of any man ly­ing in execution, u [...]on a judgment for debt, in­to 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 re­cordeth the bargains of Merchants there made, anno 27 Ed. 3. stat. 2. cap. 22, & 23. The Romans called them Me [...]sarios.

Corruption of blood, is an infection growing to the state of a man attainted of Felony, or Treason, and to his issue. For as he 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 far­ther, if he were noble, or a Gentleman before, he and his children are made unnoble and un­gentle in respect of the father. New Terms of the Law.

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, seem­eth to be, for that where a Mortuarie was wont to be due, the body of the best Beast was ac­cording to the law or custome, offered or pre­sented 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 Cose­nage: 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 con­tracts, which cannot be fitly termed by any e­special name West. parte 2. Symbolaeogr. titulo, In­dictments. sect. 68. It is called Stellionatus in the Civil law, of (Stellio) the beast, which is lacertae genus versutissimum, as Cujacius in his paratitles calleth it, and, quo nullum an mal homini invidet fraudulentius, 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 clot­ted together, that it cannot be pulled asunder, [Page] 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 Re­stitut. of decayed intelligence in entiquities.

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

Covenant, conventio, is the consent of two, or more in one self thing, to doe, or give some­what, West. parte 2. symbol. lib. 1. sect. 4. It seemeth to be as much as (pactum conventum) with the Civilians, which you read often­times in Tullie. Pactum conventum, quod et vul­go vesticum vocant, opponitur nudo pacto, ve­tue ab omni juris solennitate destatuto. Hujus exempla ponere difficile esse Jason existimavit. Conventum aiunt, quod vestitur, autre, aut ver­bis, aut literis, aut contractus cohaerentiâ, aut rei interventu. Oldendorpius. And covenant in this signification, is either a covenant in law, or a covenant in fact, Coke, li. 4. Nokes case, fol. 80. or covenant 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 les­sour doe demise and grant, &c. to the Leas­see for a certain term, the Law intendeth a co­venant of the Leassers part, that the Leassee shall, during his whole term, quietly enjoy his Lease against all lawfull encumbrance. Covenant in fact, is that which is expresly a­greed between the parties. There is also a covenant meerly personall, and a covenant re­all, 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. Instru­ments of covenant, you may see good store in West. parte 1. Symbolaeog. lib. 2. sectio 100. See also the new book of Entries, verbo, Co­venant.

Covent, (conventus) signifieth the sooiety or fraternity of an 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. tege­re.) 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 con­tract with any, to the prejudice of her self of her husband, without his consent and privity; or at the least, without his allowance and con­firmation. Broke hoc tit. per totum. And Bract­on saith, that omnia quae sure uxorit, sunt ipsius viri, nec habet uxer potestatem sui, sed vir. L [...]. 2. cap. 15. and that (vir est caput mutieris li. 4. cap. 24. and again, that in any law-matter, sine viro respondere non potest, li. 5. tract. 2. cap. 3. and tract. 5. cap. 23. ejusdem libri, hee hath words to this effect, Vir & uxor sum quasi unica perso­na: quia caro una & sanguis unus. Res licet sit propria uxoris, vir tamen ejus custos, cùm sit caput mulieris, and lib. 1. cap. 10. nu. 2. Uxores sunt sub virg a viri. And if the husband ali­enate the 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 a­greement between two or more, to the preju­dice or hurt of another. New terms of Law. It commeth from the French verb (convenan­cer, i. depascisci,) or rather (convenir, i. con­venire.)

Coucher, signifieth a Factour that continu­eth 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. war­ratio.) 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 com­prehendeth both. And yet count and decla­ration be confounded sometimes; as Count in debt, Kitchin, fol. 281. count or declaration in appeal, pl. cor. fol. 78. Count in trespasse, Brit­ton, ca. 26. Count in an action of Trespasse up­on the case for a slander, Kuchin, fol. 252. This word seemeth to come from France and Normandy. For in the grand Custumary ca. 64. I find (Contours) to be those, which a man 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. chap­ter, 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 [Page]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 du­ty, if it be as it is there described, and were observed men might have much more com­fort of the Law than they have.

Countenance, seemeth to be used for credit or estimation, Old nat. br. fo. 111. in these words: Also the attaint shall be granted to poor men that will swear, that they have nothing whereof they may make Fine, saving their countenance, or to other by a reasonable Fine. So is it used, anno 1. Ed. 3. stat. 2. cap. 4. in these words: Sheriffs shall charge the 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 (coun­ter.) For we use it for the name of a prison. whereinto, he that once slippeth, is like to ac­conut ere he get out.

Counter-plee is compounded of two French words (contre, i. contra, adversus) and (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 dow­er, 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 safe­gard 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 o­ther from the Saxons, both containing a cir­cuit or portion of the Realm, into the which the whole land is divided, for the better go­vernment thereof, and the more easie admi­nistration 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 Juris­diction of so high a nature, that whereas all Plees touching the life, or mayhem of man cal­led 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 Su­periour and Soveraign. But by the Statute anno 27. H. 8. ca. 25. this power is much a­bridged, unto the which I refer the reader; as also to Crom. Juris. fol. 137. for the whole course of this court. Besides these Counties of both sorts, there be likewise Counties Corporate, as appeareth by the Statute anno 3. Ed. 4, 5. And these be certain Cities, or 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 e­very month within his charge, either by him­self or his Deputy, anno 2. Ed. 6. ca. 25. Crompt. Juris. f. 221. Bract. li. 3. c. 7. & l. 3. tract. 2. cap. 12. Of these Counties or Shires one with another, there are reckoned in England 37. beside twelve in Wales.

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

County court (curia comitatus) by M. Lamberd is otherwise called (conventus) in his explication of Saxon words, & divided into two sorts: one retaining the geneeal name, as the County-court held every moneth by the Shiereve, or his De­puty 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, [Page]and by Pleta lib 2. cap. 62. But was abridged by the Statute of Magna charta cap. 17. and much more by 1 Ed. 4. cap. unico. It had also, and hath the determination of certain tres­passes, and debts under forty shillings. Britton, cap. 27, & 28. what manner of proceeding was of old used in this Court, see Fleta ubi su­pra.

Coursitour. See Cursetour.

Court curia) cometh of the French (court) which signifieth the 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 divi­ded the whole number of the Romans: some­time also the Senat-house, as appeareth by Tully in his Offices (nihil est quod dignum no­bis, aut in foro aut in curta agere possumus) which in his oration (pro Milone) he calleth Templum sanctitatis, amplitudinis mentis, consilii publici, ca­put urbis, &c. Court with us, signifieth di­versly: as the House where presently the King remaineth with his ordinary retinue, and also the place where Justice is judicially ministred: of which you find 32 several s [...]rts in M. Cromp­tons book of Jurisdictions well described. And of them most be courts of record: some be not, and therefore are accounted base Courts in comparison of the rest. Beside these also there are Courts Christian. Smith de Repnb. Anglor. lib. 3. cap. 6. which are so called, be­cause they handle matters especially apper­taining to Christianity, and such as without good knowledg in Divinity cannot be well judged of, being held heretofore by Arch­bishops 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 ma­gistratus sui) as the Admiral of England doth his Court. Whereupon it proceedeth, that they send out their precepts, in their own names, and not in the Kings, as the Justices of the Kings Courts do. And therefore as the ap­peal from these Courts did 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 pre­cincts. Barons in other Nations have great Territories and jurisdiction from their Sove­raignes: 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 Ed­ward 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 gran­tee may keep a Court for the customarie Te­nants, 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 Ho­nourable 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 su­ters, 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 ac­cording [Page]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 re­commended from the King to the Examina­tion 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, Eccle­siastical, 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 Messen­ger, or Bond. Secondly, By Attachement. Thirdly, by Proclamation of Rebellion. Fourthly, by Commission of Rebellion. Fifth­ly, 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 li­censed to depart upon caution De judicio sisti & judicato solvendo, and Constitution of his At­turney 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 Inheri­trice, that is, a woman seised of land in fee­simple, 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 out­law 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 cer­tarum. Est enim curtis mansio vel manerium ad habitandum cum terris possession [...]bus, & aliis emo­ [...]umentis adtale manerium pertinentibus, prout sa­tis colligitur in libro feudorum, titulo, De contro­versia investiturae, §. si quis de manso. Col. 10. Unde curtilegium dicitur locus adjunctus tali curti, ubi leguntur herbae vel olera [...]c dictus à (curtis) & (lego legis) pro colligere. Thus farre Linwood titu­lo de decimis. ca. Sancta. § omnibus, verbo Curtele­giorum. 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 signi­fieth also the money paid and taken for the same. New Book of Entries, fol. 3. col. 3.

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

Creast-tile. See Roof-tile.

Croft, (croftum) is a little close or pitle joyned to a house, that sometimes is used for a Hemp-ground, sometime for Corn, and some­time for Pasture, as the owner listeth. It seem­eth to come of the old English word (Creaft) [Page]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 up­on their Garments. Of these, and their Privi­leges, read Bracton, lib. 5. parte 2. cap. 2. & part. 5. cap. 29. and the Grand Custumary of Nor­mandy, cap. 45. Under this word are also signi­fied, the Knights of the order of Saint John of Jerusalem, created for the defence of Pil­grims, Gregor. Syntagm. lib. 15. cap. 13. & 14.

CU

Cuckingool, (tumbrella) is an engine invent­ed 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.) Kit­chin, where he saith, that every one having view of Frank-pledge, ought to have a Pillo­rie 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 Wo­man divorced from her Husband, hath to re­cover lands or tenements from him, to whom her husband did alienate them during the marriage: because, during the marriage, she could not gainsay it, Regist. orig. fol. 233. Fitzh. nat. br. fol. 204.

Cuinage, is a word used for the making up of 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 Wi­dow hath against him, to whom her Husband aliened her Lands or Tenements in his life time: which must contain in it, that during his life time, she could not withstand it. Regist. orig. fol. 232. Fitzh. nat. br. fol. 193. See the new Book of Entries, verbo, Cui in vita.

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

Curfew cometh of two French words (couv­rir, i. tegere) and (feu, i. ignis. We use it for an Evening Peal, by the which, the Conqueror willed every man to take warning for the ra­king up of his fire, and the putting out of his light. So that in many places at this day, where a Bell customably is rung toward Bed-time, it is said to ring Curfew: 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 sub­ject required, and are a Corporation among themselves.

Curteyn (curtana) was the name of King Ed­ward the Saint his Sword, which is the first Sword that is carried before the Kings of this Land at their Coronation, Matthaeus 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 Gardi­ans, Reg. orig. in indice.

Custom (consuetudo) is all one in signification with our Common Lawyers and Civilians, being by them both accounted a part of the law. Consuetudo quandoque pro lege servatur (saith Bracton) in partibus ubi fuerit more utentium ap­probata. Longaevi enim temporis usus & consuetu­dinis non est vilis authoritas, lib. 1. cap. 3. It may be thus not unaptly defined: Custome is a law or right not written, which being esta­blished by long use, and the consent of our An­cestors, hath been, and is daily practised: our Ancestors, that is (majores,) and those of our kindred that are Ultra tritavum, lib. 4. §. paren­tem, π. de in jus vocando, lib. ult. §. 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 genera­tion [Page]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 be­cause 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 Lord­ship, 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 Pre­scription 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 impug­ned within five years, it excludeth all claim for ever. And if a man omit his continual claim for a year and a day: then the Tenent in pos­session prescribeth an immunity against the en­try of the Demandant & his Heir, Fitz. nat. br. fol. 79. Terms of the law, verbo continual claim. Out of our statutes you may have greater di­versity, which see collected in mine Institutes, titulo de Usucapio, & longi tempo. 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 acti­on. An example may be taken from those sta­tutes, anno 1 H. 8. cap. 4. which enacteth, that in all action popular, information shall be made within three years after the offence commit­ted, or else be of no force. Of like nature is the Statute, anno 7 H. 8. cap. 3. which in some cases maketh one years prescription sufficient against informations. 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 signi­fication 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 Copie­holds.

Custos brevium, is the principal Clerk belong­ing 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 Pro­tonotaries 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 mat­ter, for the entring of the Judgement. And then do the Pronotaries get of the Court per­emptory day, for every party to speak what he hath to allege in arrest of Judgement: which day being past, he 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 in­to a bundle and bestoweth them. The Custos breviam also maketh entry of the Writs of Co­venant, and the Concord upon every Fine: and maketh forth exemplifications and Copies of all Writs and Records in his office, and of all Fines levied. The Fines after they be ingros­sed, 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 Chi­rographer 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 custo­die 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 Of­fice, Idem, eodem, and by his Office he is rather termed an Officer or Minister than a Judge: because the Commission of the Peace layeth, by expresse words, this especial charge upon him, quòd addies & loca praedicta, brevia, prae­cepta, praecessus, & indictamenta prodictacoram te & dictis sociis tuis venire facias. Idem, eodem. where read a competent tract of other things belonging to this Office.

Custos of the spiritualities (custos spiritualitatis vel spiritualium) is he that exerciseth the Spiri­tual or Ecclesiastical Jurisdiction of any Di­oces, during the vacancie of the See: the ap­pointment of whom by the Canon Law apper­taineth to the Dean and Chapter. ca. ad abolen­dā 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 Exche­quer, that provideth Wood for the Tayles, and cutteth the sum paid upon them, and then cast­eth the same into the Court to be written up­on.

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 acti­on, be it personal or real. For after verdict given of the principal cause, they are like­wise asked their consciences touching costs (which be the charges of sute, called of the Ci­vilians (expensae litis) and Dammages, which conte in the hindrance that the Plaintiff or De­mandant hath suffered by means of the wrong done to him by the Defendant or Tenant.

Dane-gilt, Dane-gold, or Dane-gelt (Dane-geldum is compounded of (Dane and gelt, i. pe­cunia) and was a Tribute layd upon our Ance­stors 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 pre­tended) 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. ul­timus.)

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 Date­tree, 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 origi­nally, 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 un­quenchable 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 ca­pitales inimicitias significat. This word is used anno 43 Eliz. cap. 13.

Dead pledge (mortuum vadium) See Mori gage.

Dean, (decanus) is an Ecclesiastical Magistrate, so called of the Greek ( [...] because he hath power over ten Canons at the least. How­beit in England we use to call him a Dean, that is next under the Bishop, and chief of the Chapter ordinarily in a Cathedral Church: and the rest of the Society or Corporation we call Capitulum, he Chapter. But this word how 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 suppres­sion [Page]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 Chap­ter, the Chapter then chusing, the King yeeld­ing 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 Let­ters Patents, without either election or confir­mation. This word is also applyed to divers that are the chief of certain peculiar Churches, or Chapels, as the Dean of the Kings Chap­pel, the Dean of the Arches, the Dean of Saint George his Chapel in Windfor, the Dean of Bocking in Essex.

Debet & solet; These words are divers times used in the Writers of the Common law, and may trouble the mind of a young Student, ex­cept he have some advertisement of them. For example, it is said in the Old nat. br. fol. 98. This Writ (de secta molindini) being in the (debet) and (solet) is a Writ of right, &c. and again, fol. 69. A Writ of (Quod permittat) may be plead­ed in the County before the Sheriff, and it may be in the (debet) and in the (solet) or the (debet) without the (solet) according as the Deman­dant claimeth. Wherefore note, that those Writs that be in this sort brought, have these words in them, as formal words not be omit­ted. And according to the diversity of the case, both (debet) and (solet) are used, or (debet) alone: that is, if a man sue to recover any right by a Writ, whereof his Ancester was disseised by the Tenant or his Ancestor, then he useth onely the word (debet) in his Writ, because (solet) is not fit by reason his Ancestor was dis­seised, 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 Conque­rour 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 gi­ving of his Verdict, called so of the effect, be­cause it is to recover ten times so much as he took. It lieth also against Embracers, that procure such an Enquest, anno 38 Ed. 3. cap. 13. Reg. orig. fol. 188. Fitzh. nat. br. fol. 171. New book of Entries, verbo Decies tantum.

Deceit (deceptio, fraus, dolus) is a 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 ap­peareth 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 other­wise evil intreated: as it appeareth by the Re­gister, &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 faci­as) 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 Decep­tione.

Decintis solvendis pro possessionibus alienigena­rune, is a VVrit, or Letters Patents, yet extant in the Register, which lay against those, that [Page]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, (decena­rii) cometh of the French (dizeine, i. decan ten in number or old of (disenier, i. decearchus.) It figni­fieth 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 men­tion 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 them­selves to be of this or that Dozein, and make or offer surety of their behaviour by these or those Doziniers: except Religious persous, Clerks, Knights, and their eldest Sons, and Women. Yet the same Author in his 29 Chapter, something toward the end, doth say, that all of twelve years old, and upward, are punishable for not coming to the turn of the Sheriff, Except Earls, Prelates, Barons, Religi­ous persons, and women. Stawnf. pl. cor. fol. 37. out of Fitzh. hath these words: The like Law is, where the Dozeniers make presentment that a Felon is taken for Felonie, and delivered to the Sheriff &c. And Kitchin out of the Re­gister, and Britton, saith thus: Religious persons Clerks, Knights, or VVomen, shall not be De­ceniers, fol. 33. So that hereby I gather, that of later times, this word signifieth nothing but such an one, as by oath of loyalty to his Prince, (for surety none ordinarily findeth at these dayes) is setled in the combination or society of a Dozein. And a Dozein seemeth now to extend so farre, as every Leet extendeth: be­cause 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 ali­quem 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 quali­ter à Don [...]ino Rege & erus concilio provisum sit, quàd omnes tam milite, quàm alii qui sunt quin­decim ann [...]rum & ampliùs, jurare debent quòd ut­lagatos, murditores, robbatores, & burglatores non recepta [...]nt, nec eis consentient, nec corum recepta­toribus, &. si quos tales noverint, illos attachiari facient, & hoc Vicecomiti & balivis suis monstra­bunt [...] & si hutesium vel clameum de talibus audiverint, statim and to clamore, sequantur cum familia & hominibus de terra sua. Here Bra­cton setreth down fifteen years for the age of those that are sworn to the 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 shew­ing forth, or laying out of an action personal in any sure, howbeit, it is used sometime, and indifferently for both personal and real actions. For example, anno. 36. E. 3. cap. 15. in these words: By the ancient terms and forms of De­clarations, no man shall be prejudiced: so that the matter of the action be fully shewed in the Demonstration, and in the Writ: See the new Terms of Law. See Cownte.

Dedimus potestatem, is a Writ, whereby com­mission is given to a private man for the speed­ing of some act. appertaining to a Judge. The Civilians call it (Delegationem.) And it is grant­ed most commonly upon suggestion that the party: which is to do something before a Judge, or in Court, is so feeble, that he cannot tra­vel. It is used in divers cases: as to make a personal answer to a Bill of complaint in the 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. [Page]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 po­testatem.

Deeds (Facta) signifie in our Common law-writings, that contain the effect of a contract made between man and man, which the Civi­lians call (Literarum obligationem.) And of Deeds there be two sorts, Deeds indented, and Deeds poll. 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 several­ly, 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 un­derstanding. See the new Terms of law, verbo Fait, where he sheweth, that each Deed con­sisteth in three points: writing, sealing, and delivery.

Deer Hayse, anno 19 H. 7. cap. 11. seem­eth 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 as­signed. Of this you may read also in Fleta, lib. 6. cap. 14.

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

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

Defendemus, is an ordinary word in a Feof­ment or Donation, and hath this force, that it bindeth the Donour and his Heirs, to defend the Donee, if any man go about to lay any ser­vitude upon the thing given, other than is con­tained in the Donation. Bracton, lib. 2. cap. 16. num. 10. See also Warrantizabimus & Acquie­tabimus.

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

Deforsour (deforciator) cometh of the French (Forceur, i. expugnator.) It is used in our Com­mon law, for one that overcometh and casteth out by force, and differeth from disseisour first in this, because a man may disseise another without force, which act is called simple dissei­sin. Britton. cap. 53. next, because a man may deforce another, that never was in possession: as for example, if more have right to lands as Common heirs, and one 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 dis­seise him; because he entred, when the Tenant in tail was living, and the Heir had no present right. And a Deforsor differeth from an intru­dour, because a man is made an Intrudour by a wrongful entry 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 de­mands or plaints: and the persuer is called Demandant or Plaintiff: viz. Demandant in actions real, and Plaintiff in personal. And [Page]where the party perfuing is called Deman­dant, there the party persued is called Te­nant: where Plaintiff, there Defendant. See Terms of Law, verbo Demandant.

Demy haque. See Haque, and Haquebut.

Demain, (Dominicum) is a French word, otherwise written (Domaine) and signifieth (Patrimonium Domini) as Hotoman saith, in ver­bis feudalibus, verbo Dominicum, where by di­vers authorities he proveth those Lands to be dominicum, which a man holdeth originally of himself, and those to be feodum, which he hold­eth by the benefit of a 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 (Doma­nium) or (Demanium) are properly signified the Kings Lands in France, appertaining to him in property, Quia Domanium definitur illud, quod nominatim consecratum est, unitum & incorpora­tum Regiae coronae, ut scripsit Chopinus de doman [...]o Franciae, tit 2. per legem. Si quando 3. Cod. de bon. vacan. lib. 10. & Mathaeut de Afflictis in consti. Siciliae lib. 1. tit. De locatione Demanii, 82. which may be called, Bona incorporata & in cor­pus fisci redacta, Skene de verborum signif. verb. Terrae Dominicales. In like manner co we use it in England: howbeit we here have no land (the Crown-land onely excepted) which hold­eth not of a Superior. For all dependeth ei­ther mediatly or immediately of the Crown, that is, of some honour or other belonging to the Crown, and not graunted in fee to any in­feriour 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 ser­vice, 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 (de­meyn) is diversly taken: sometime more large­ly, as of Lands or Tenements held for life, &c. and sometime more strictly, as for such onely as are generally held in 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 Ma­nor, is also in the opinion of many good Law yers accounted Demeines: Bracton in his fourth Book, tract. 3. cap. 9. num. 5. hath these words: Item dominicum accipitur multipliciter. Est autem dominicum quod quis habet ad men­sam suam & propriè, sicut sunt Bordlands anglicè. Itèm dicitur dominicum villenagium quod traditur villanis, quod quis 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 pla­cuerit, 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 dici­tur à jure, alius quoque ab homine. Dominicum eti­am dicitur ad differentiam ejus quod tenetur in servitio. Dominicum est omne illud tenementum, de quo antecessor oblit se [...]situs ut de feudo, nec refert cum usufructu vel sine & de quo sie ectus esset, si viveret, recuperare posset per assisam nomine dis­seisinae, licet alius haberet usum fructum: sicut dici poterit de illis qui tenent in villenagio, qui utuntur, fruuntur non nomine proprio sed omine Domin [...] sui. Flet. lib. 5. cap. 5. sect. Dominicum autem. And the reason why Copy-hold is accounted Demeans, is because they that be Tenents un­to it, are judged, in law, to have no other right, but at the will of the Lord. So that it is re­puted still after a sort to be in the Lords hands. And yet in common speech, that is called ordinarily Demeans, which is neither free nor copy. It is farther to be noted, that Demain is sometime used in a more special signification, and is opposite to Frank-fee. For example, those lands, which were in the posses­sion of King Edward the Confessour, are cal­led Ancient Demain, and all others be called Frank-fee. Kitchin, fol. 98. And the Tenents which hold any of those Lands, be called Te­nents in Ancient Demain, the others, Tenents in Frank-fee. Kitchin ubi supra. And also Te­nents of the Common law, West. parte 2. Sym­bol. 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 Te­nents in Ancient Demain, though they hold [Page]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 Ju­ry; if in law, then is the case plain to the Judge; or so hard and rare, as it breedeth just doubt. I call that plain to the Judge, wherein he is as­sured of the law, though perhaps the party and his 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, ei­ther for the Court to think farther upon it, and to agree if they can: or else for all the Ju­stices to meet together in the Chequer cham­ber, and upon hearing of that which the Serge­ants shall say of both parts, to advise, and set down what is law. And whatsoever they conclude, standeth firm without farther reme­die. Smith, de Repub. Anglo. lib. 2. cap. 13. West calleth it a Demurrer in Chancery likewise, when there is question made whether a par­ties answer to a Bill of Complaint, &c. be de­fective or not: and thereof reference made to any of the Bench, for the examination thereof, and report to be made to the Court, 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 con­teined some one clause or other, that abridgeth him of all that full benefit, which natural sub­jects do enjoy. And when a man is thus in­franchised, he is said to be under the Kings pro­tection; or, Esse ad fidem Regis Angliae, before which time he can injoy nothing in Englād Bra­cton, l. 5. tract. 5. c. 25. nu. 3. Nay, he & his goods might be seised to the Kings use, Horn in his mir­rour of Justices, lib. 1. c. de la Venue de frane plege.

Deodand (deodandum is a thing given or for­feited (as it were) to God for the pacification of his wrath in a case of misadventure, whereby any Christian soul cometh to a vio­lent end, without the fault of any reasonable Creature. For example, if a Horse should strike his Keeper, and so kill him: If a man in driving a Cart, and seeking to redresse any thing about it, should so fall, as the Cart wheel run­ing 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 ef­fected by unreasonable, yea, senlesse and dead creatures. Stawnf. pl. cor. lib. 1. cap. 2. whereof also read Bracton, lib. 3. tract. 2. cap. 5. and Brit­ton, cap. 7. and West. parte 2. symbolaeog. titulo In­dictments, Sect. 49. And though this be given to God: yet is it forfeited to the King by law, as sustaining Gods person, and an executio­ner in this case, to see the price of these distri­buted to the Poor, for the appeasing of God, stirred up even against the earth and place, by the shedding of innocent blood thereupon. Fle­ta saith that this is sold, and the price distri­buted to the Poor, for the soul of the King, his Ancestors, and all faithful people departed this life, l. 1. c. 25. verbo, De submersis. And it seem­eth that this Law hath an imitation of that in Exo 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 proportional­ly 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. Af­terward 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 acti­on, and being replyed thereunto, doth in his re­joynder, 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. confun­dere, turbare) to confound or turn out of or­der, or (desranger,) i. to set out of order, of lastly of the Norman word (desrene) for with the Normans (desrene) is nothing else but a proof of the denial of 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 ex­ample in this: A. sueth R. for a Hog: saying, thou shouldest deliver me a Hog for two shil­lings six pence, which money F. paid thee: wherefore I demand my Hog. R. answereth: It is true that thou sayest, and I delivered thee thy Hog, which I am ready to prove. Deraisni­an he defineth, to be a proof of a thing that one denieth to be done by himself; which his ad­versary saith was done, defeating or confound­ing his adversaries Assertion (as you would say) and 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 pro­pinquior. Glanvil. lib. 2. cap. 6. and Habea probos hemmer, qui hoc viderum & audierunt, & parati sunt hoc dirationare. Idem lib. 4. cap. 6. and (Dirationavit terram illam in curia mea.) Idem lib. 2. cap. 20. 1. he proved that land to be his own, &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 disra­tiocinationem & probationem, lib. 4. tract. 6. cap. 16. and so he useth (disrationare) lib. 4. cap. 22. and so in Westm. 2. anno 13 Ed. pri. cap. 32. and to derein the warranty, Old nat. br. fol. 146. and to derein the warranty Paramount, anno 31 H. 8. cap. primo. And dereigner le Warranty in 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: Pro­ponat accufans appellum suum in hunc modum, sc. debet dicere se interfuisse, & vidisse certo loco certo die, certa hora, & sci [...]isse ipsum accufatum praelocutum fuisse mortem reg [...]s, vel se [...]tionem su­am, vel exercitus sui, vel consensisse, vel anxiliant & consilium impendisse, vel ad hoc authoritxtem praestitisse: & hoc ego juxta considerationent curiae disrationare paratus sum. He useth it like wise as the Normans use, (Disraisniam) for him, that offereth to 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 profes­sions: 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 after­ward is dereigned. And Britton useth these words (Semounse desrenable) for a summons that may be challenged as defective, or not lawful­ly made, cap. 21. Of this you may read some­thing more in Skene de verb. signif. verbo Dis­rationare; where in one signification he con­foundeth it with our waging and making of Law.

De son tort Demesne, seem to be certain words of form in an action of 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. com­manded him in such form, &c.

Detinet. See Debito and Debet.

Detinew (detinendo) is a Writ that lyeth against him, who having goods or chattels de­livered him to keep, refuseth to deliver them again. See of this Fitzh. nat. br. fol. 138. To this is answerable in some sort (actio depositi) in the Civil law. And he taketh his action of de­tinew, that intendeth to recover the thing de­livered, and not the 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 [Page]the creditours that have specialties, before the debts upon the said specialties be due. For in this case, the Executors are as liable to acti­on, as if they had wasted the goods of the Te­starour riotously or without cause. New Terms of Law.

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, distin­guere) as (diverser parici et par la distribuere.) This word is properly attributed in our Com­mon Law to him, that bequeaths his goods by his least Will or Testament in writing: and the reason is, because those that now apper­tain onely to the Devisour, by this act are di­stributed into many parts. Wherefore I think it better written divise then devise, howbeit it were not absurd, to derive this word from the French (deviser,) i. serm [...]cinari, fabulari, con [...]i­lium 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 Testa­ment set down by Justinian, who saith, that te­stamentum is (quasimentis testatio, titulo, de testa. ordinan, in instit. and testatio mentis cannot be so well, as by talk and conference with our wise and skilful friends.

Devoires of Cales, anno 2 R. 2. Stat. 1. cap. 3. et anno 5. ejusdem, Stat. 2. cap. 2. were the cu­stomes due to the King for Merchandize brought to or carried out from Caleis, when our Staple was there. The word is French, sig­nifying 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 mar­riage 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 par­ty 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 Re­ports.

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 ali­quae conjuncta. Glos. in cap. 1. de consuct. in sexte) whereof you may read divers examples in Duarynus de sacris Eccles. minist. & benefic. lib. 2. cap. 6.

Dioces (diocesis) is a Greek word compounded of ( [...]) and ( [...]) 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 po­licy, another into Diocesses, in respect of Juris­diction Ecclesiasticall.

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

Dimibaque. See Haque.

Disalt, signifieth as much as to disable. Litle­ton in his Chapter of Discontinuance.

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 de­rived 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 [Page]Lord, and the Lord avow the taking of the di­stresse, 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 him­self 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 disconti­nuance of possession, or discontinuance of pro­ces. 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 Dis­continuance of possession is this, that a man may not enter upon his own Land or Tene­ment alienated, whatsoever his right be unto it, of his own self, or by his own authority, but must bring his Writ, and seek to recover possession by Law. Examples you may have store in his Tearms of Law, verbo Discontinu­ance. And in Litleton codem capite, with whom agreeth another in these words: But Disconti­nuance of Possession, is indeed an impediment to a man for entring into his own Land or Te­nements, caused by the fact of one, that alie­nated them contrary to right, and gave Livery and Seisin of them, whereby the true owner is left only to his action. See the new 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 Discon­tinuance 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 dis­continued, & to be put without day, is all one; and nothing else, but finally to be dismissed the Court of that instance. West. parte 2. Symbol. tit. Fines. sect. 115. So Crompton in his divers Ju­risdictions, fol. 131. useth it in these words: If a Justice seat be discontinued by the not com­ing of the Justices, the King may renew the same by his Writ, &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 Ordina­ty, cannot purge himself of the offence, where­of he was convicted by the Jury [...] and is no­thing but the privation of him from those or­ders of Clerkship that he had, as Priesthood, Deaconship, &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 degra­ded 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 conse­quently 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 an­cient times, were paid to the Pope, until Pope Urbane gave them to Richard the second, to aid him against Charles the French King, and those other that upheld Clement the seventh against him. Polidor. V [...]igil. Angl. hist. lib. 20. Lastly it signifieth a tribute levied of the Temporality. Holinshed in Henry 2. fol. 111.

Dispatigemet, Disparagatio, is by out Common Lawyers, used especially for marching an heir in marriage under his or her degree, or against 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 incorpore­al 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 de­termined by the Snyreeve without assise, Re­gister Original. fol. 198. b. as for Nuissanses of no great projudice. Disseisin is of two sorts; ei­ther simple Disseisin; committed by day with­out force and arm. Kracton, lib. 4. cap. 4. Bri­con, cap. 42. & 43. & 44. where you shall find in what especially it is lawful, in what not, Britton cap. 53. And by Disseisin by force, for the which see Desersour. See Fresh disseisin. See Redisseisin, and Post disseisin. See Skine de verbo signifit. verbo disseisina. Disseisin how many wayes it is commited, See Fleta, l. 4. c. 1. [Page] [...] 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 Di­stresse 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 af­ter 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 like­wise in Districtio in the Register original, fol. 6. b. And so, it seemeth to be used in Pupilla oculi, par. 5. cap. 22. Charta de foresta. See also Alynsing, in the Chapter licet causam 9. extra de probationibus, num. 5. and Zasius in his, 16. councel. num. 47. Distresse, in the former sig­nification, is divided first into finite and infi­nite. Fining is that which is limited by Law, how often, it shall be made to bring the party to trial of the action, as once, twice; Old nat br. fol. 43. Distresse infinite is without limi­tation until the party come: as against a Jury that refuseth to appear super certificatione Assi­sa, the Processe is a (venire facias) (hebeas corpo­ra) 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 La­tine magnam districtiorem, nat. br. fol. 126. A. and an ordinary distresse. A grand distresse is that, which is made of all the goods and chat­tels that the party hath within the County, Britton, cap. 26. fol. 52. But see, whether it be sometime not all one with a 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 di­strain 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 pa­per and parchment containing the effect of a larger writing, Symbol. par. 2. tit. Fives. Sect. 106.

Doctor and Student is a Book containing cer­tain Dialogues between a D. of Divinity, and a Student at the Common law, wherein are contained questions and cases, as well of the equity and conscience used in the Common law as also a Comparison of the Civil, Canon, and Common Law together, very worthy the reading. The Author is said by D. Cosin in his Apologie, [...]o be a Gentleman, called Saint Ger­man. 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. Stable­stand, 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 [Page]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 ei­ther presentation to the Ordinarie, or Institu­tion 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 fue­rint à Diocesano approbatae et ut (loquuntur) spiri­tualiz atae, non censentur beneficia, nec ab Episcopo conferri possunt, sed sunt sub pia dispositione funda­toris. Joh. Fab. ad § Nullius. De rerum diuis: Iden fundatores et baeredes corum, possunt tales Capella­nias donare sine Episcopo, cui voluerint, tanquam profana beneficin. Guido Papaeus descis. 187. See also Gregorius, lib. 15. cap. 29. sui syntagmatis, num. 11. I 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 Do­native by the King. Coke lib. 3. fol. 75. b.

Dooms day (Rotulus Wintoniae) (domus D i, Coke in praefatione ad librum saum) is a Book that was made in King Ed. the Confe [...]ors dates, as the Author of the Old nat. br. faith f. 15. containing in it not 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 Daco­rum, &c.) proveth out of Gervasius Tilburien­sis, 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 valo­rem ejus & possessorem scivit, nec lacus nec locus aliquis, q [...]sin in Regis rotulo extitit descriptus, ac ejus reditus & proventus, ipsa possessio, & ejus pos­sessor, regiae rotitiae manifestatus, juxta taxatorum fidem qui elect [...] de qualibet patria territorium oroprium deseribebant. Ifte rotulus vocatns est Rotulus Wintoniae, & ab Anglis pro sua generali­tate, quòd omnia tenementa totius terrae continuit (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 Ru­beus) in the Exchequer, It is termed (Liber Ju­dicatorius) and the reason why, quia in co to­tius Regni descriptio diligens continetu [...]: & tam de tempore Regis Edwardi, quàm de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr. mitur.

Dorture (dormitorium) anno 25 H. 8. cap. 11. is the common room, place or chamber, where all the 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 Chan­cery, 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 sim­ple or Fee tail in such sort as the issne of them both might have inherited it. Fitzh. nat. br. fol. 147. Regist. fol. 170.

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

Dotkins, a kind of Coin pl. cor. fol. 37. I [...]seem­eth to come of the Dutch word, 'Duytkin, that is, the eighth part of a Stufer or French Shil­ling, which in Latine is called Solidus Galli­cus.

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

Double plee (duplex placitum) is that, wherein the Defendant allegeth for himself two seve­ral matters, in barre of the action, where of ei­ther is sufficient to effect his desire in debar­ring the Plaintiff. And this is nor to be admit­ted in the Common law: wherefore it is well to be observed, when a P [...]ee is double, and when it is not. For if a man allege several matters, the one nothing depending of the other, the Piea is accounted double. If they be mutually depending one of the other, then is it accounted but single. Kitchin, fol. [Page]223. See Brook hoc titule. But why this double­nesse (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 Civili­ans, but Bracton also saith: Pluribus exceptionibus uti nemo prohibetur. libr. 5 aract. 5. cap. 5. num. 4. whom also read, libro 4. cap. 17. And Sir Tho­mas Smiths reason of this scantly satisfieth me, alleging this to be the course of our proceed­ing, because the trial is by twelve rude men, whose heads are not to be troubled with over many things at once, lib. 2. de Repub. Anglor. cap. 13.

Double quarrel (duplex querela) is a complaint made by any Clerk or other unto the Arch­bishop of the Province, against an inferiour Or­dinary for delaying of Justice in some cause Ec­clesiastical: as to give sentence or to Institute a Clerk presented, or such like. The effect whereof, is that the said 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 Ju­stice required, or otherwise to cite him to ap­pear before him or his Official, at a day in the said Letters prefixed, and there to allege the cause of his delay. And lastly, to intimate to the said Ordinary, that if he neither perform the thing enjoyned, nor appear at the day assig­ned, he himself will, without farther delay, pro­ceed to perform the Justice required. And this seemeth to be tearmed a double quarrel, be­cause it is most commonly made against both the Judge and him at whose Petition Justice is delayed.

Dower (dos) cometh of the French (dovaire) and signifieth in our Common law, two things: first, that which the VVife bringeth to her Hus­band in marriage, otherwise called (maritagi­um) marriage good: next, and more common­ly, that which she hath of her Husband, after the marriage determined, if she 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. ver­bo 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 for­mer: as in Britton ubi supra. Yet were it not in­convenient 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 dow­rie, or substance brought to her husband, that he having the use of it, during marriage, may, after certain deductions, restore it again to his Wives Heirs or Friends, after the marriage dis­solved: the Common law of England, what­soever 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 be­stow any thing or nothing of her at his death. The reason whereof is said to be, the holding of the Wife in obedience to her Husband. One­ly if she be an 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 mar­riage, she is to have a third thereof during her life, though she bring nothing to him, except she do by fine release her right, during the marriage. So that here is no great matter to be spoken of, but touching dower in the latter sig­nification. You must know therefore, that upon speech of marriage between two, the Parents of both sides are commonly more careful in providing each for his child, than the parties themselves: And that by their means there be divers bargains made, sometime for the conveiance of Lands, &c. to them and their issue: And this is said to be given in Frank ma­riage: 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 Tene­ment or Lands, or thus much Rent, yeerly pay­able 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 [Page]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, Glan­vile, lib. 6. cap. pri. Or the half, as some say, Fitz. nat. br. fol. 150. N.P. And this Dower is either certainly set down and named, or not named, but onely in generality, as the law re­quireth: 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 Coun­tries, as in Gavelkind, Fitzh. nat. br. fol. 150. O. And though it be named, it seemeth that it can­not be above half the lands of the Husband, Fitzh. nat. br. fol. 150. P. And the Woman that will challenge this Dower, must make 3 things good, viz. that she was married to her Hus­band, that he was in his life time 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 ob­served in other nations, as well as in ours. Ho­toman verbo Dotalitium in verbis feudal. Cassan. de consuetud. Burg. pag. 580. 676. 677. & de conventional. pa. 720. And to these 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 bur­den or load of other wares down the River.

Draw latches, anno 5 Edw. 3. cap. 14. & anno 7. Rich. 2. cap. 5. Master Lamberd, in his Eire­narch. lib. 2. cap. 6. calleth them Miching 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 con­tract: & negotiatio. lib. 2. cap. pri. § Deinde post­quam, 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 ap­parentiam ad instar arboris exsiccatae, quae humorae vitali jam carens, appaerentiam arboris habet non existentiam. Summa Syl. Verbo Usura, quaest. 6. Est ergo Cambium siccum uxta hanc acceptionem (in quà etiam accipitur in extrav. Pii quinti) idem quod Cambium fictum. Non autem habet propri­am naturam Cambii, sed mutui et usurae. At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam, Cambium siccum in alia acceptione minus communi summum est [...]ambium, in quo Campsor prius dat quam accipiat. Dicitur autem isto modo ficcum, quia sine praevia acceptione dat Campsor. Quod tamen, ut sic ac­ceptum (autore Sylvestro) licitè celebratur aliquan­do. Quiatun [...] verum et reale Cambium est dif­fe ens genere ab eo Cambio, in quo Campsor prius recipit. Quiae in isto Campsor semper primò dat et de [...]nde accipit.

Drift of the Forest, seemeth to be nothing but an exact view or examination, what 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 dis­elaimer.

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 obtain­ed 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 cal­led duces, to whom the King or people com­mitted the custody or regiment of any Pro­vince. 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 [Page] [...] [Page] [...] [Page]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. Af­ter 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 & cir­culi aurei in capite impositionem, vide Camd. Britann. pag. 166. Zazium, de feudis parte 4. num. 7. et Cassan. de consuetud. Burg. pag. 6. et 10. and Ferns glory of generosity, pag. 139.

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 Hen­ly 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 Li­very or Attournment: as the possessions of E­ver wick, and of the Earldom of March, and such others did, which had descended to the King by other Ancestors than the Kings, but at last, Henry the fourth, by authority of Parlament passed a Charter, whereby the possessions, liberties, &c. of the said Dutchy were se­vered from the Crown: Yet Henry the seventh reduced it to his former nature, as it was in Henry the fifts dayes. Cromp­tons Jurisd. fol. 136. The officers belonging to this Court, are the Chancelour, the Atturney, Recelver general, Clerk of the Court, the Mes­senger. Beside these there be certain Assistants of this Court: as one Atturney in the Exche­quer, one Atturney of the Dutchy in the Chan­cery, 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, deter­mined to save his right in the Dutchy what­soever 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 ap­propriate 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 Fee­simple, 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 Chancel­lour, in a case, wherein he had formerly done the same: and was therefore thought void. Cromptons Jurisd. fol. 215.

Dures (Duritia) cometh of the French (dur, i. durus, veldurete, 1. duritas) and is in our Com­mon law, a 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 A­bridgement joyneth Dures and Manasse toge­ther, i. duritiam & minas, hardness and threat­ning. See the new Book of Entries, verbo Dures. And the New Terms of Law.

EA

EAldermans (Aldermannus) among the Sa­xons, was as much as Earl among the Danes. Cambden, Britan. pag. 107. If ye go to the true etymologie of the word, me thinkoth it should sound more generally, so much as [...] with the Graecians, or Senator with the Ro­mans: [Page]who were rather Counsellors at large, than bestowed upon any particular office, as Comites were. See Coun. ie. And that significa­tion we retain at this day almost in all our Ci­ties, and Boroughs, calling those Aldermen, that are Associates to the Chief Officer in the common Councel of the Town, anno 24 H. 8. cap. 13. or sometime the chief Officer him­self, as in Stawnford.

Earl (Comes) in M. Cambdens opinion, pag. 107. is a word made by the Danes of (Eal­derman) a word of the Saxons. M. Lamberd seemeth notwithstanding to acknowledge, that Earl is originally a Saxon word, Explica. of Sa­xon words, verbo Paganus: and interpreteth it (Satrapam) which word the Romans borrow­ing of the Persians, applyed to those that were praefecti provinciarum. M. Verstegan in his resti­tution 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 Magi­strates 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 Prin­cipi seu Duci exercitus duodecim comites assigna­rentur: ideo dictos, quia comitarentur eos, & à Du­cum latere non decederent. Comitatum it aque originem Germanis moribus or tum esse dictus re­ceptissimus autor testis est. Quapropter quod in duodecimo libro codicis aliqui tituli de Comitibus largitionum, &c. inscribuntur, usurpationem Im­peratoris ex Germanorum ritibus sumptum credo. But the Conqueror (as M. Cambden saith) gave this dignity in Fee to his Nobles, annex­ing it to this or that County or Province, and allotted them for their maintenance a certain proportion of money rising from the Princes profits, for the pleadings and forfeitures of the Province. For example, he bringeth an ancient Record in these words: Henricus 2. Rex An­gliae his verbis Comitem creavit: Sciatis nos fecisse 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: Consuetudinali­ter per totam Angliam mos antiquitùs inoleverat, Comites provinciarum tertium denarium sibi ob­tinere, inde Comites dicti. And another book without name more fully. Comitatus à Comite dicitu [...], aut vice versa. Comes autem est, quia terti­am portionem corum, quae de placitis proveniunt, in quolib [...]t Comitatu percipit [...] Sed non omnes Comites ista percipiunt: sed bit quibus Rex baereditariò aut personaliter concessit. You may read M. Fern in Lacy's nobility, something to his effect, pag. 12. But he saith, that one Duke or Earl had divers Shires under his government, as a Viceroy, and had 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 Co­mites, quibus datur Comitatus in feudum: illi Co­mites 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 cal­led Vicecomes as (Vicarius Comi [...]is) following all matters of Justice, as the Earl should do: and that because the Earl is most continually at­tendant upon the King, in his wars or other­wise. So that it seemeth that Earls by reason of their high employments, being not able to follow also the 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 pre­scription without profit, as a way through his ground, a sink, or such like. Kitchin fol. 105. which in the Civil law is called Servitus prae­dii.

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, accompa­ny themselves together, disguising themselves instrange robes, blacking their faces and bo­dies, and framing to themselves an unknown Language, wander up and down, and under pretence of telling of Fortunes, curing diseases, and such like, abuse the ignorant common people, by stealing all that is not too hot or too 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, le­gem Mahometi noverunt: sed sunt ferè omnes Itali, & male habituati, ex rebus furtivis vivunt, ac fraudulent is earum permutationibus & ludis, in quibus ut plurimum fraudes committunt, & sunt baptizati.

EI

Ejectione custodiae, Ejectment de 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 be­fore the expiration of his term, either by the leassour or a stranger. Regist. fol. 227. Fitzh. nat. br. fol. 220. See Quare ejecit infra terminum. See the new book of Entries, verbo Ejectione fir­mo.

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

Eire, alias, Eyre, (Iter. Bract. lib. 3. c. 11. in Rubrica) cometh of the old French word (Erre, i. iter) as (à grand erre, i. magnis [...]ineri­bus.) It signifieth in Britton, cap. 2. the Court of Justices Itinerants: and Justices in Eyre, are those onely, which Bracton in many places cal­leth (Justiciarios itinerantes) of the Eyre, read Britton ubi supra, who expresseth the whole course of it. And Bracton lib. 3. tractat. 2. cap. 1. & 2. The Eyre also of the 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. Cromp­tons 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 King­domes 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 sug­gestion made, that the Clerk formerly assigned, is gone to dwell in another place, or hath hinderance to let him from following that bu­sinesse, 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 & Ju­ratis 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 in­duciarum) Kitchin, fol. 200. interpreteth it in these words: If he imparl or pray continuance. For praying continuance is spoken interpreta­tive in that place, as I take it. The same Author maketh mention of Emparlance general, fol. 201. and Emparlance special, fol. 200. Em­parlance general seemeth to be that which is made onely in one word, and in general terms. [Page] 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 Enche­son.

Encroachment or Accrochment, cometh of the French (Accrocher, i. apprehendere, inuncare, harpagare) and that cometh of (Crochure, i. aduncitas) or crochu, i. aduncus) Encrochment, in our Common law, signifieth an unlawful ga­thering in upon another man. For example, if two mens grounds lying together, the one pres­seth 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 authori­ty, anno prim. Ed. 3. in prooem.

Enditement Indictamentum) cometh of the French (Enditer, i. deferre nomen alicujus, indi­care) or from the Greek [...], because M. Lamberd will have it so. Eirenar. l.b. 4. cap. 5. pag. 468. It signifieth in our Common law, as much as (Accusatio) in the Civil Law, though it have not in all points the like effect. West. part. 2. symb. titulo, Inditements, defineth it thus: An Inditement is a Bill or Declaration made in form of Law (for the benefit of the Common-wealth) of an accusation for some of­fence, either criminal or penal, exhibited unto Jurours, and by their Verdict found and pre­sented to be true, before an Officer having power to punish the same offence. It is an accusation, because the Jury that inquireth of the offence, doth not receive it until the party that offereth the Bill, appear so farre in it, as to subscribe his name, and offereth his oath for the truth thereof. It differeth from an Accusa­tion in this, that the preferrer of the Bill is no way tyed to the proof thereof upon any penal­ty, if it be not pround, except there appear con­spiracy. 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 satisfa­ction in this matter.

Endowment, (dotatio) cometh of the French (Doüaire) and lignifieth the bestowing or assu­ring of a Dower. See Dower. But it is some­time used Metaphorically, for the setting forth or severing of a sufficient portion, for a Vicar toward his perpetual maintenance, when the Benefice is 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 ser­vice. Of this read Litleton more at large, lib. 1. cap. 5.

Enfranchisement, cometh of the French (Franchise, i. libertas.) and is in a manner a French word of 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 Bur­gesse of any Town Corporate, because he is made partaker of those liberties that appertain to the Corporation, whereinto he is infran­chised. 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 Eng­lish-man. For example, if a man be privily slain or murdered, he was in old time accounted (Francigena) which word comprehendeth eve­ry alien, until Englecerie was proved: that is, until it were made manifest, that he was an 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, dis­burden the land of his army, wherein he ac­counted his greatest safety: and conditioned with them, that his Countrey-men which re­mained here, should continue in peace: and the more to secure that, that for every Francigena (under which word, (as is above said) he com­prehended all outlandish men and women, and especially Danes) that was secretly 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 account­ed Francigena, except Englecery were proved: which, how it was to be proved, look the se­venth Number in the same Chapter. And see [Page]also Horns mirrour of Justices, lib. 1. cap. del of­fice del coroner, and Fleta lib. 1. cap. 30. This Engleceris, for the abuses and troubles that af­terward were perceived to grow by it, was clean taken away, by a Statute made Anno 14. Edward. 3. capite quarto.

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

Entayl (feudum talliatum) cometh of the French (entaille, i. inscisus) and in our Common law, is a substantive abstract, signifying Fee­tail, or Fee-intailed. Litleton in the second Chapter of his Book, draweth Fee-tail from the verb Talliare (which, whence it cometh, or whether it will, I know not) whereas in truth it must come from the French (taille, i. sectura,) or (tailler, i. scindere secare.) And the reason is manifest, because Fee-tail in the Law, is no­thing but Fee abridged, scanted or currelled, (as you would say) or limited and tyed to cet­tain conditions. Taille in France is metapho­rically taken for a tribute or subsidie. v. Lupa­num de Magistratibus Francorum. lib. 3. cap. Ta­lea. See Fee. See Tail.

Enterpleder (Interplacitare) is compounded of two French words (entre, i. inter) and (pleder, i. disputare) and it signifieth in our Common law, as much as cognitio praejudicialis in the Ci­vil Law: that is, the discussing of a point inci­dently falling out, before the principal cause can take end. For example, two several persons, being found Heirs to Land, by two several of­fices in one 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 be­tween themselves, who is the right Heir. Stawnf. praeroga. cap. 12. See more examples in Broke titulo Enterpleder.

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

Entry (Ingressus) cometh of the French (en­tree, i. introitus, ingressus, aditus) and properly signifieth in our Common law, the taking possession of Lands or Tenements. See Plow­den. 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 po­verty. As for example, some be to recover cu­stomes and services: in the which are con­tained these two words (solet & debet) as the Writs Quo jure, Rationalibus divisis, rationabili est overio, with such like. And in this place of 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 Te­nements, let by another, after the Term expired. The third, where one demandeth Lands or Tenements of that Tenent, that had entry by one, to whom some Ancestor of the Plaintiff did let it for a Term now expired. According to which degrees, the Writs for more fit re­medy are varied. And there is yet a fourth form, which is 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 cal­led 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 con­ceived out of the right case, so that one form be brought for another, it is abateable. The form of the first degree is such, Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille definet pro termino, qui est elapsus. The second is such: Praecipe Petro quod reddat Williel­mo manerium, &c. in quod ille non habuit ingressum nisi per patrem aut matrem, avunculum, vel ami­tam, [Page]vel cognatum, avum vel proavum dicts Petri qui dictum manerium dimisit pro termino, qui est elapsus. The third form is such: Praecipe Johanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui tal [...]s pater vel ma­ter, vel alius antecessor aut cognatus idem dimisit, cujus haeres est ipse Petrus, pro termino, qui est elap­sus. And the form without the degrees is such: In quod non habuit ingressum, nisi post les­sam, quam talis pater aut mater (sic ut supra) cu­jus haeres ille est, inde fecit pro termino, qui est elapsus. And in those four degrees be com­prehended all manner Writs of entry, which be without certainty and number. Thus 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, ap­plyed 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, (Interpo­sitionem, 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 La­tine (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.