l e m e . l i b r a r y . u t o r o n t o . c a

s t c 5 9 0 0

v e r . 1 . 0  (2 0 1 9)



THE
INTERPRETER:
OR
BOOKE CONTAINING
the Signification of Words:

Wherein is set foorth the true meaning of all, or
the most part of such Words and Termes, as are mentioned in
the Lawe Writers, or Statutes of this victorious and re­
nowned Kingdome, requiring any Exposition
or Interpretation.

A Worke not onely profitable, but necessary for such as desire
throughly to be instructed in the knowledge of our
Lawes, Statutes, or other Antiquities.

Collected by IOHN COWELL Doctor, and the Kings
Maiesties Professour of the Ciuill Law in the
Vniuersitie of Cambridge.

In Legum obscuritate captio. 

AT CAMBRIDGE
Printed by IOHN LEGATE. anno 1607.


















&leaf; To the most reuerend Father in God,
his especiall good Lord, the Lord Archbishop
of Canterburie, Primate and Metropolitan of all En­
gland, and one of his Maiesties most Ho­
nonr able Priuy Councell.

AFTER long deliberation, I hardly indu­
ced my selfe to craue your gracious prote­
ction toward this simple worke: valewing
it at so lowe a price, as I thinke it hardly
woorth the respect of any graue man, much
lesse the fauourable aspect of so honorable
a personage. Yet the remembrance of those
your fatherly prouocations, whereby, at
my comming to your Grace from the Vniuersitie, you first put me
vpon these studies, at the last by a kind of necessitie inforced me to
this attempt: because I could not see how well to auoide it, but by
aduenturing the hatefull note of vnthankfulnesse. For I cannot
without dissimulation, but confesse my selfe perswaded, that this
poore Pamphlet may proue profitable to the young Students of
both Lawes, to whose aduancement that way, I haue of late addi­
cted mine indeuours: else were I more then madde to offer it to the
world: and to offer it without mention of him, that by occasioning
of this good, more or lesse, deserueth the prime thankes, were to
proue my selfe vnworthie of so grave advice.

And therefore howsoeuer I accompt this too much boldnesse
in respect of the subiect yet could I be exceedingly glad, it might
please your Grace to ascribe mine intention to the integrity of my
duty. For he that meaneth truly wel, & cannot perform much: must









needes reioyce at the good acceptance of that litle which he per­
formeth.

All I craue for this at your Graces hands, is patience and par­
don for this enterprise, with the continuance of those your many
fauours, that hitherto to my great comfort I haue enioyed. And
so my long obseruation of your iudicious disposition, hauing
taught me, what small delight you take in affected complements
and verball commendation, without more words, in all true hum­
blenes, I beseech the Almighty long to continue your Grace in
health and prosperitie, to his glorie, and the good of his Church.

Your Graces at all Commaundment,

I O. C O W E L L.










To the Readers.


GENTLE Readers, I heere offer my selfe to
your censures, with no other desire, then by you
to be admonished of my faults. For though 1 doe
professe the amplifying of their workes, that
haue gone before me in this kinde, and haue both
gathered at home, and brought from abroade
some ornaments for the better embellishing of our English lawes:
yet am  I  neither so vaine, as to denie mine imperfections, nor so
passionate, as to be offended at your charitable reformation. Nay,
my true ende is the advauncement of knowledge; and therefore
haue  I  published this poore worke, not onely to impart the good
thereof to those young ones that want it: but also to drawe from
the learned the supply of my defects: and so by degrees, if not my
selfe to finish this modell, yet at the least, by the heate of emulation
to incense some skilfuller architect thereunto. Yea,  I shall thinke
my paines sufficiently recompensed, if they may be found but
worthy to stirre vp one learned man to amend mine er­
rours.

The Ciuilians of other nations, haue by their mutuall industries
raised this kinde of worke in their profession, to an inexpected excel­
lencie, I haue seene many of them that haue be stowed very profita­
ble and commendable paines therin: and lastly one Caluinus  a Do­
ctor of  Heidelberge, like a laborious Bee, hath gathered from all the
former, the best iuyce of their flowers, and made vp a hiue full of
delectable honie. And by this example would I gladly incite the lear­
ned in our common lawes and antiquities of England, yet to lend
their aduice, to the gayning of some comfortable lights & prospects
toward the beautifying of this aunctent palace, that hitherto hath
bene accoumpted (howsoeuer substantiall) yet but darke and melan­
choly.

Whosoeuer will charge these my traueiles with many ouer­









sights, he shall neede no solemne paines to prooue them. For I will ea­
sily confesse them. And, vpon my view taken of this booke sithence
the impression, I dare assure them that shall obserue most faults
therein, that I by gleaning after him, will gather as many omitted
by him, as he shall shew committed by me. But I learned long si­
thence out of famous Tullie; that as no mans errours ought to be
folowed, because he sayeth some things well: so that which a man
saith well, is not to be reiected, because he hath some errours. No
man, no booke is voide of imperfections. And therefore reprehend
who will, in Gods name: that is, with sweetnes, and without re­
proche. So shall be reape hartie thankes at my hands: and by true
imitation of the most iudicious that euer wrote, more soundly helpe
on this pointe of learning to perfection in a fewe monethes,
then I by tossing and tumbling my bookes at home, could possibly
haue done in many yeares. Experience hath taught me this in
mine Institutes lately set forth: by publishing whereof I haue
gained the iudicious obseruations of diuers learned gentlemen vpon
them, which by keeping them priuate I could neuer haue procured.
By which meanes I hope one day to commend them to you againe
in a more exact puritie, and so leaue them to future times for such
acceptance, as it shall please God to giue them.

I haue in some towardnes a tract (de regulis iuris) where­
in my intent is, by collating the cases of both lawes, to shewe,
that they both be raised of one foundation, and differ more in lan­
guage and termes then in substance, and therefore were they redu­
ced to one methode (as they easily might) to be attained (in a maner)
with all one paines. But my time imparted to these studies, being
but stolne from mine emploiments of greater necessitie,  I cannot
make the hast I desire, or perhaps that the discourse may deserue.
Wherefore vntill my leisure may serue to performe that,  I intreate
you louingly to accept this.

One thing I haue done in this booke, whereof, because it may
seeme straunge to some,  I thinke to yeld my reason: and that is the
inserting not onely of words belonging to the art of the lawe, but









of any other also, that I thought obscure, of what sort soeuer; as
Fish, Cloth, Spices, Drugs, Furres, and such like. For in this I fol­
low the example of our Ciuilians, that haue thought it their part to
expound any thing they could meete with in their walke. And in
deede a Lawyer professeth true Philosophy, and therefore should
not be ignorant (if it were possible) of either beastes, foules, or
creeping things, nor of the trees from the Cedar in Lebanon, to the
Hyssop that springeth out of the wall. And therefore, if I haue ei­
ther omitted any hard word within my circuit, or set it downe
not expounded;  I giue you good leaue to impute the one to my negli­
gence, the other to mine ignorance: and so commend these my paines
to your best profit, and you vnto God. Nouember. 3. 1607.

I o. C O W E L L.









These faults I haue noted (according to the words alphabetically)
which of necessitie require emendation.

IN the word Rawnge, for Pouralleeses, read Pourallees. In the word Reasona­
ble ayde, reade Claimeth of his tenents, houlding &c. For the word Remittere,
read Remitter. In the word Returno habendo, for Expleuied, reade Repleuied.
In the word Scot and Lot, for Aulote & Auscote, reade Anlote & Anscote. For the
word Statutum de laboriis, reade Laborariis. In the word Terme, for Certifie, reade
Rectifie. For the word Thrid with hawan man, reade Thrid nith. For the word Tost,
read Toft In the word Tolle, for ζελὸνια , or ζελονεια , read τελωνια , or
τελωνιχ . For ζελες ,
read τέλος . In the word Verdour, for Verdioir, read Verdeur. For the word Vi­
countie, reade Vicountiel. In the word Watlingstreat, for Tosse, read Fosse: in the
word Widow, for Vide, read Vuide. For the word Woolferthfod, read Wolferhefod.










The signification of Words.


A B

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

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









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

Abatour (Intrusor) is he that
abateth, that is, thrusteth into a
house or land, void by the death
of the former possessor, and not
yet entred or taken vp by his
heire. Old. nat. br. fol. 115. Per­
kins fol. 76. If there be a disseis­
sor, abator, or intrudor vpon any
land by the deceipt of the wo­
man, &c. 

Abbot (Abbas) in French Abbè,
is by skilfull Linguists said to
come from the Syriacke word
(Abba) i. pater, and in our com­
mon law is vsed for him that in
the covent or fellowship of Ca­
nons hath the rule and prehemi­
nence. He is by Iustinian. novel.
constitut. 115. §. 'ὑϖολοιπον . tear­
med Archimandrita, of others
Cœnobiarcha, vel Archimonachus,
Hoto. in verbis feuda. Of these
some here in England were mi­
tred, some not: Stowes annals, pa.
442. And those that were mi­
tred, were exempted from the
iurisdiction of the diocesan, ha­
uing in themselues episcopal au­
thoritie within their precincts,
and being also Lords of the Par­
lament. Of this kind thus saith
Corasius; Aliqui Abbates habent
iurisdict. onem episcopalem, ad quos
cum Ecclesia pleno iure pertineat, in
eorum Monasteriis Episcopus nihil
exercet, cap. Ea quæ. Vbi Panor.
extra de statu Monacho. Hæc di­
ctus author in Paraphrasi de sacer­
dotio. materia, parte pri. cap. 9. And
these were called Abbots soue­
raigne, anno 9. R. 2. cap 4. and Ab­
bots generals, as M. Fearne no­
teth in his glory of generositie.
pag. 126. The other sort were sub­
iect to the diocesan in all spiri­
tuall gouernement, cap. Monaste­
ria , 18. quæst. 2. cap. Abbas. & cap.
visitandi, cum quatuor sequentibus
ibidem. ca. Omnes. 1 6. quæst. 7. &
cap. Cùm venerabilis. extra. de reli­
giosis domibus. And as Abbots, so
were there Lord Priors also, who
both had exempt iurisdiction, &
were Lords of the Parlament,
as appeareth by S. Edward Cooke
de iure Ecclesiastico, fol. 28. a. 

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









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

Abet (Abettare) may without
absurditie be said to proceed from
the French (bouter) i. ponere, appo­
nere, impellere, propellere. It signifi­
eth in our common law as much
as to encourage or set on. The
substantiue (abetment, abettum)
is vsed for an encouraging or
setting on, Stawnf. pl. cor. fol. 105.
And also (abettour) for him that
encourageth or setteth on, Old
nat. br. fol. 21. But both verbe
and noune is alway vsed in the
euill part. 

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









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

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









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

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









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

Abridgement (abbreuiamentum)
 see Abridge.

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

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

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









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

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

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

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

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

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

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









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

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

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









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

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

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









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

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

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

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

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









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

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

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









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

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

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

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

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









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

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

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

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









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

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









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

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

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

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

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

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

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









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

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

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

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

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









de verbo. sig. hath these wordes :
dicitur advocatio Ecclesiæ, vel quiæ
patronus alicuius Ecclesiæ ratione
suriuris advocat se ad eandem Ec­
clesiam, & asserit se in eadem bæ­
bere ius patronatus, eamque esse sui
quasi clientis loco, vel potiùs cùm
aliquis (nempe patronus) advocat a­
lium iure suo ad Ecclesiam vacantem,
eumque loco alterius (veluti defun­
cti) præsentat & quasi exhibet. See
Advowe next following: 

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

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

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

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









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

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

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

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









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

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









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

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

Agenhine. See Haghenhine.

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

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









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

Ayde (auxilium) is all one in
signification with the French
(aide) and differeth in nothing,
but the onely pronunacition, if we
take it as it is vsed in our vulgar
language. But in the common
lawe, it is applied to divers parti­
cular significations, as sometime
to a subsidie. anno. 14. Ed. 3. stat.
2. ca. 1. sometime to a prestation
due from tenents to their Lords,
as toward the releife due to the
Lord Paramount, Glanvile li. 9.
cap. 8 or for the making of his
sonne knight, or the marying of
his daughter, idem, eodem. This
the King, or other Lord by the
auncient lawe of England , might
lay vpon their tenents, for the
knighting of his eldest sonne at
the age of 15. yeares, or the ma­
riage of his daughter at the age
of seuen yeares, Regist. orig. fol.
87. a. and that at what rate them
selues listed. But the Statute, We­
stmin. 1. anno 3. Edw. 1. ordained
a restraint for to large a demand,
made by common persons be­
ing Lords, in this case, and tyed
them to a certaine rate. And the
Statute made anno 25. Ed. 3. stat.
5. cap. 11. prouideth, that the
rate set downe by the former
Statute, should hold in the King,
as well as in other Lords. Of this
I find mention in the Statute, an.
27. H. 8. ca. 10. This imposition
seemeth to haue descended to
vs from Normandie : for in the
grand custumarie, cap. 35. you
haue a Tractate intituled (des ai­
des chevelz. i. de auxilys capitali­
bus) whereof the first is (a faire
l'ayne filz de son seigneur chevalier.
i. ad filium primogenitum militem
faciendum) the second, (son aince
fille marier. i. ad filiam primogeni­
tam marit andam.) And the third,
(a rechapter le corps de son seigneur
de prison quand il est prius per la
guerre au Duc. i. ad corpus domi­
nisui de prisona redimendum cùm ca­
ptus fuerit pro bello Ducis Norman­
diæ. Also I find in Cassanæus de con­
suet. Burg. Quòd dominus aocipit a
subditis pro dotanda filia, pa. 122.
which seemeth to be all one
with this our imposition: and
also in Vincentius de Franchis des­
cis. 131. where he calleth it ad­
iutorium pro maritanda filia.
Whence it appeareth, that this
custome is within the kingdome
of Naples also. Touching this
likewise, you may reade these
words in Mænochius, lib. 2. de ar­
bitrat. Iud. quæst. centuria. 2. cap.
181. Habent sæpissimè feudorum
possessores & Domini multa in eo­
rum ditionibus privilegia, multasque cum locorum incolis conuentiones:
inter quas, illa vna solet nominari, vt
possit Dominus collectam illis indi­
cere, tro solutione dotium suarum fi­
liarum, cum matrimonio collocantur.









Hoc aliquando Romæ observatum à
Caligula fuisse, in illius vita scribit
Suetonius, cap. 42. Hodiè hic vsus
in subalpina regione est frequens, vt
scribit Iacobinus de Sancto Georgio,
in tractu de homagiis. col. 8. Etiam
pro filia quæ religionem ingreditur.
& non modò pro vna filia, sed pluri­
bus filiabus, non tamen pro secundis
nuptys exigitur. In which place,
the said author maketh mention
of diuers other Civilians and feu­
dists, that record this custome to
be in other places. Of this aide,
our Fleta writeth thus: sicut etiam
quædam consuetudines quæ servitia
non dicuntur, nec concomit antia
seruitiorum, sicut rationobilia auxilia
ad filium primogenitum militem fa­
ciendum, vel ad filiam primog entiam
maritandam: quæ quidem auxilia
sunt de gratia & non de iure, pro
necessitate & indigentia dominica­
pitalis. Et non sunt prædialia sed
personalia, secundùm quod perpendi
poterit in breui ad hoc prouiso &c.

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









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

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

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

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

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

Alias  v. Capias alias.

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

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









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

Allaye (Allaia) is vsed for the
temper and mixture of siluer and
gold, anno 9. H. 5. Stat. 2. cap. 4. &
Stat. 1. eiusdem anni, cap. 11. The
reason of which allay is, with a
baser mettall to augment the
waight of the siluer or gold so
much, as may counteruaile the
Princes charge in the coining.
Antonius Faber. de nummariorum
debitorum solutionibus, cap. 1. 

Allocatione facienda , is a writ
directed to the Lord Treasurer,
and Barons of the Exchequer,
vpon complaint of some accoun­
tant, commaunding them to al­
low the accountant such sums,
as he hath by vertue of his office
lawfully and reasonably expen­
ded, Register. orig. fol. 206. b. 

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

Almaine riuets , be a certaine
light kind of armor for the body
of a man, with sleeues of maile,
or plates of iron, for the defence
of his armes. The former of
which words, seemeth to shewe
the countrie where it was first
invented: the other, whether it
may come from the French verb
(revestir , 1. superinduere) to put
on vpon another garment, I
leaue to farther consideration. 

Almner (eleemosinarius) is an
officer of the kings house, whose
function is, fragmenta diligenter
colligere, & ea distribuere singulis
diebus egenis: ægrotos & leprosos,
in carceratos, pauperesque viduas, &
alios egenos vagosque in patria com­
morantes, charitative visitare: item
equos relictos, robas, pecuniam, &
alia ad eleemosynam largita, reci­
pere & fideliter distribuere. Debet
etiam regem super eleemosynæ lar­
gitione crebris summonitionibus sti­
mulare, & præcipuè diebus Sancto­
rum, & rogare ne robas suas quæ
magni sunt pretii, histrionibus, blan­
ditoribus, adulatoribus, accusatori­
bus vel menestrallis, sed ad eleemo­
sinæ suæ incrementum iubeat largi­
ri, Fleta. lib. 2. cap. 22. 

Almoine (eleemosina.) See
 Frank almoyne.

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









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

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

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

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

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









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

Amoveas manum. L ooke  ouster
le maine.

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

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

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

Anniented , commeth of the
French (aneantir, i. se abiicere, at­
que prosternere) It signifieth with
our lawyers, as much as frustrated
or brought to nothing, Litleton.
lib. 3. cap. warrantie.
in OED as aniente and anientise

Annua pensione , is a writte,









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

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

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









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

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

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

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

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









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

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

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

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

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

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









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

Apporcionment (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
termes of lawe. 

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

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









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

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

Approuers of the king (Appru­
atores regis) be such as haue the
letting of the kings demeasnes
in smal Manors to the kings best
aduantage, anno 5 1. H. 3. stat. 5.
See Approue.

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









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

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

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

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

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









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

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

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

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

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

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









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

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

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









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

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

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

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

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

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

Assay of measures and waights
(assaia mensur arum & ponderum)
Register. orig. fol. 2 79. is the
examination vsed by the Clerke
of the market. 

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









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

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

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

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









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

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

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

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









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

Assise (assisa) commeth of the
French (assise) which in the
grand custumarie of Normandy,
cap. 24. is defined to this effect.
Assise is an assembly of Knights
and other substantiall men, with
the Bailiffe or Iustice in a certain
place, and at a certaine time ap­
pointed. And againe, cap. 55.
Assise is a court, in the which
whatsoeuer is done, ought to
haue perpetuall strength. This
Normane word (assise) commeth
of the French (asseoir. 1. collocare)
to settle or bestow in some place
certaine: as (s'asseoir) is to sit
downe by another. And meta­
phorically it is vsed of things in­
corporeall: as (asseoir son iugoment
sur quelque lieu) i. , interponere iu­
dicium suum. Of this verbe com­
meth the participle (assis) as
(estre assis) i. sedere. And this Par­
ticiple in the grand custumarie
of Normandie cap. 68. is vsed, as
we would say: appointed, limi­
ted, or determined, viz. (au iour
qui est assis à faire la battaille, se
doibuent les champions ofrir á la
iustice) that is: at the day which
is appointed for the combat, the
champions ought to offer them­
selues to the Iustice. So that by
all these places compared toge­
ther, it is euident whence the o­
riginal of this word (assise) flow­
eth. How diuersly it is vsed in
our common lawe, it followeth
that we declare. First Litleton in
the chapter, Rents. saith, that i
is æquivocum : where he setteth
downe three seuerall significati­
ons of it: one, as it is taken for a
writ: another, as it is vsed for a
Iurie: the third, as for an ordi­
nance. And him, he that listeth,
may reade more at large. My
collections haue serued me thus:
first (assise) is taken for a writ di­
rected to the Shyreeue, for the re­
couerie of possession of things
immoueable, whereof your selfe,
or your auncestor haue bene









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

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

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

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

Assise de vtrum (assisa vtrumi) li­
eth either for a parson against a
lay man, or a lay man against a
parson, for land or tenement
doubtfull, whether it be lay fee,
or free almes. And of this, see
Bracton. li. 4 tract. 5. cap. 1. & seqq.
Brit. ca. 9 5. The reason why these
writs be called assises, may be
diuers. First, because they settle
the possession, and so an out­
ward right in him that obteineth
by them. Secondly, they were o­
riginally spedde and executed at
a certaine time and place for­
merly appointed. For by the
Norman law, the time and place









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

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









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

Assise  in the third signification
according to Litleton , is an ordi­
nance or statute: as the statute of
bread and ale made, anno 5 1. H. 3
is termed the assise of bread and
ale (assisa panis & ceruiciæ, Regist.
orig. fol. 279. b. The assise of Cla­
rendon, (assisa de Clarendon) wher­
by those that be accused of any
hainous crime, and not able to
purge themselues by fire and wa­
ter, but must abiure the realme,
had libertie of 40. daies to stay,
and trie what succour they could
get of their friends, toward their
sustenance in exile. Stawnf. pl. cor.
fol. 118. out of Bracton li. 3. tract.
2. cap. 16. num. 2. Of this also
Roger Hoveden maketh mention,
and more particularly then any
that I haue read parte poster. suo­
rum annalium, fol. 313. b. in Hen­
rico secundo. Assise of the Forest,
(assisa de Foresta) which is a sta­
tute or constitution touching or­
ders to be obserued in the kings
forest. Manwood parte. 1. of his Fo­
rest lawes, pag. 3 5. Crompton in
the Court of the Iustices of the
Forest per totum, fol. 146. & seq.
And the assise of the king, anno.
18. Ed. 3. stat. 1. called the sta­
tute for view of Francke pledge.
And these be called assises, be­
cause they set downe and ap­
point a certaine measure, rate, or
order in the things which they
concerne. Of assise in this signifi­
cation doth Glanvil also speake,
lib. 9. cap. 10. in fine. Generaliter
verum est quòd de quolibet placito
quod in comitatu deducitur & ter­
minatur, misericordia quæ inde pro­
uenit, vicecomiti debetnr: quæ
quanta sit, por nullam assisam gene­
ralem determina atum est. And thus
much touching Litletons diuision
But if we marke well the writers
of the lawe, we shall find this
word (assise) more diuersly vsed,
then this author hath noted. For
it is vsed sometime for the mea­
sure or quantity it selfe, (and that
per Metonymiam effecti) because
it is the very scantline described
or commaunded by the ordi­
nance: as for example we say,
when wheate, &c. is of this price,
then the bread, &c. shall be of
this assise. This word is furder
taken, for the whole processe in
court vpon the writ of assise, or
for some part therof, as the issue
or verdict of the Iury. For exam­
ple, assises of new disseisin, &c.
shall not be taken, but in their
shires, and after this maner, &c.
mag. char. cap. 12. And so it see­
meth to signifie, Westm. 2. cap. 2 5.
anno 13. Ed. 1. in these words:









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









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

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









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

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

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

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

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

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









tine (assumptio) quæ significat pro­
fessionem. l. π. ad municipalem. 

Attache (attachtare) commeth of
the French (attacher. i. figere, ne­
ctere, illigare, defigere, alligare) In
our common lawe it signifieth,
to take or apprehend by com­
maundement or writte. And M.
Lamberd in his eirenarch. li. 1. cap.
16. maketh this difference be­
tweene an arrest and an attache­
ment, that an arrest proceedeth
out of lower courts by precept,
and an attachment out of higher
courts by precept or writ: and
that a precept to arrest hath these
formall words (duci facias &c)
and a writ of attachment these
words: (præcipimus tibi quod atta­
chies talem, & habeas eum co­
ram nobis &c. where by it appea­
reth, that he which arresteth, ca­
rieth the party arrested to ano­
ther higher person to be dispo­
sed of forth with, he that attach­
eth, keepeth the party attached,
and presenteth him in court at
the day assigned in attachement.
yet I obserue out of Master Kit­
chin , that an attachement issueth
out of a court baron, which is a
lowe court. cap: Attachment in
court baron, fo. 79. Another dif­
ference there is, that an arrest li­
eth onely vpon the body of a
man, and an attachement some
time vpon his good, as shalbe
shewed in the sequele. It may be
likewise asked how an attache­
ment and a (capias) doe differ: &
how an attachement and a  (cape)
and an attachement and a di­
stresse. First that an attachement
differeth from a (capias) it appea­
reth by Kitchin in these words: fo.
79. Note that in a court Baron a
man shalbe attached by his
goods; and a (capias) shall not
goe out thence. wherby I gather,
that an attachement is more
generall, taking hold of a mans
goods, and a (capias) of his body
onely. Then an attachement dif­
fereth from a (cape) in this, be­
cause a (cape) be it (cape magnum)
or (cape parvum) taketh hold of
immoveables, as lands or tene­
ments, and are properly belon­
ging to action reall: as you may
gather out of their formes, in
Fitzh. nat. br. whereas attache­
ment hath rather place in actions
personall, as Bracton plainly set­
teth, downe. li. 4. tract a. 4. ca. 5. nu.
3. Where neuerthelesse it appea­
reth that a (cape) may be likewise
vsed in an action personall. An
attachement (as it is formerly
said) taketh hold of moueable
goods or the bodie. For it appea­
reth, by Kitchin. fo. 263. that a
man may be attached by a hun­
dred sheepe. Reade Skene, de ver­
bo. signific. verbo attachiamentum.
Now it followeth to shew
how attachement differeth from
a distresse. For so it doth, as may
be shewed out of Kitchin, fo. 78.









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

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









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

There is an attachment of pri­
viledge, which is a power to ap­
prehend a man in a priviledged
place, or els, by vertue of a mans
priuiledge, to call another to this
or that courte, whereunto he
himselfe belongeth, and in res­
pect whereof, he is priviledged.
Newe booke of entrise. verbo
priviledge. fo 4 31. col. 2. There is
also a foreine attachement,
which is an attachement of a fo­
riners goods found within a li­
bertie or citie to satisfie some
creditour of his within the citie.
There is also an attachement of
the forest, which is a court there
held. For (as M. Manwood saith)
in his first parte of forest lawes,
p. 90. 92. 99. there be three courts
of the forest, wherof the lowest is
called the (Attachement) the
meane, the (swaynemote) the
highest, the (Iustice seate in eyre.)
This court of attachement see­
meth so to be called, because the
verderours of the forest haue
therein no other authoritie, but
to receiue the attachements of
offenders against vert and veni­
son, taken by the rest of the offi­
cers, and to enrol them, that they
may be presented and punished
at the next Iustice seate. Man­
wood. parte. 1. pa. 93. And this at­
taching is by three meanes, by
goods and catels, by body, pled­
ges, and mainprise, or by the bo­
dy onely. The courte is kept eue­
ry. 40. daies throughout the yere.
And he that hath occasion to
learne more of this, I refer, him
to M. Manwood, loco quo supra , &
to M. Crompton in his courte of
the forest. Attachement is com­
maunded in writs, the diversitie
whereof you may see, in the Re­
gister originall vnder the word
Attachiamentum in indice. attachment

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

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









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

Attainted (attinctus) commeth
of the French (teindre. i. tingere :
the participle whereof is (teinct.
i. tinctus,) or else of (attaindre. i.
assequi, attingere.) It is vsed in our
common lawe, particularly for
such as are found guiltie of some
crime or offence, and especially
of felonie or treason. How be it
a man is said to be attainted of
of disseisin. Westm. 1. cap. 24. &
36. anno 3. Ed. 1. And so it is ta­
ken in French likewise (as estre
attaint & vayncu en aucun cas) is
to be cast in any case. Which
maketh me to thinke that it ra­
ther commeth from (attaindre) as
we would say in english catched,
ouertaken, or playnly deprehen­
ded. And Britton ca. 7 5. vseth the
participle (attaint) in the sence
that we say (attained vnto) A
man is attainted by two meanes:
by appearance or by proces.
Stawnf. pl. cor. fo. 44. Attaynder by
by apparence, is by confession,
by batteill, or by verdict. idem. fo.
1 2 2. Confession whereof attaynt
groweth, is double: one at the
barre before the iudges, when
the prisoner vpon his endict­
ment read, being asked guilty or
not guilty, answeareth guilty,
neuer putting himselfe vpon
the verdict of the Iurie: the o­
ther is before the coroner in san­
ctuarie, where he vpon his con­
festion was in former times con­
streyned to abiure the Realme.
which kinde also of the effect, is
called attaynder by abiuration.
Idem. fo. 182. Attaynder by battel
is, when the party appealed by
another, and chusing to trie the
the truth by combat rather then
by Iurie, is vanquished. Idem. fo.
44. Attaynder by verdict is,
when the prisoner at the barre
answering to the endictment,
not guilty: hath an enquest of
life and death passing vpon him,
and is by their verdict or doome
pronounced guiltie. Idem. fo. 1 08.
& 192. Attainder by processe
(otherwise called attainder by









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

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

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

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









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

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









faires or suites: as the Atturney
generall of the king. pl. cor. fol.
152 which is as much as (Procu­
rator Cæsaris) was in the Romane
Empire. Atturney general of the
Duke, Cromptons Iurisd. fol. 105.
Atturney speciall or particular is
he, that is employed in one or
more causes particularly speci­
fied. Atturneys generall be made
after two sorts: either by the
kings leters patents before him
or the Lord Chancelour, or by
our appointment before Iustices
in eyre in open court, Glanvile li.
11. cap. pri. Britton. cap. 126.
whome of this thing you may
reade more at large. There be al­
so in respect of the diuers courts,
Atturneys at large, and Attur­
neys special, belonging to this or
that court onely. The name is
borrowed of the Normanes, as
appeareth by the custumarie, cap.
65. And I find the word (attor­
nati) or as some reade (tornati)
in the same signification in the
title (de statu regularium) ca. vnico.
§ Porrò in sexto.) where the
glosse saith, that Atturnati dicun­
tur Procuratores apud actaconstitu­
ti. Our old Latine word for this
seemeth to be (responsalis) Bract.
lib. 4. cap. 31. & lib. 5. parte 2.
cap. 8. and so it is in Scotland at
this day, but especially for the
Atturney of the defendant, as
(prolocutor) is for the persewer.
M. Skene de verb. significatione.
Responsalis , as Sigonius witnesseth,
in his first booke de regno Italiæ,
was in auncient time, the title of
the Popes ambassadour, pag.
11. 

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









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

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

Attournment (attornamentum)
 commeth of the French (tourner.
i. vertere) and in our common
lawe, is an yeelding of the tenent
to a new Lord, or acknowledge­
ment of him to be his Lord. For
otherwise he that buyeth or ob­
taineth any lands or tenements
of another, which are in the oc­
cupation of a third, cannot get
possession: yet see the statute, an.
27. H. 8. cap. 16. The words v­
sed in atturnment are set downe
in Litleton. I agree me to the
graunt made to you, &c. But the
more common atturnment is to
say: Sir, I attourn to you by force
of the same graunt: or, I become
your tenent, &c. or else deliuer
vnto the grauntee a peny, halse­
peny, or farding, by way of at­
tournment, Litleton lib. 3. cap. At­
tournment. 10. whome you may
reade more at large, and find
that his definition proceedeth
from more lawe then Logicke:
because he setteth downe diuers
other cases in the same chapter,
whereto attournment appertai­
neth as properly as vnto this. But
you may perceiue there, that at­
tournment is the transposing of
those duties that the tenent
ought to his former Lord, vnto
another, as to his Lord: and also,
that attournment is either by
word or by act, &c. Also attourn­
ment is voluntarie, or else com­
pulsorie, by the writ tearmed Per
quæ seruitia, Owld. nat. br. fol. 155
or sometime by distresse. Fitzh.
nat. br. fol. 14 7. Lastly, attourn­
ment may be made to the Lord
himselfe or to his Steward in
Court, Kitchin. fol. 7 0. And there
is attournment in deede, and at­
tournment in lawe. Coke vol. 6. fo.
113. a. Attournment in lawe, is
an act, which though it be no
expresse attournment, yet in in­
tendment of law is all one. 

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









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

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

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

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









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

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

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

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

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

Average (averagium) by M.
Skenes opinion (verbo arage) de ver­
borum significatione , commeth of
the word (averia.) i. a beast, and
so consequently signifieth ser­
vice which the tenent oweth to
to the Lord, by horse or cariage
of horse. I haue heard others pro­
bably deriue it from the French
(euvrage) or (euvre. i. opus.) It see­
meth with vs to haue two di­
uers significations; for the first,
Rastall. titulo Exposition of words.
maketh mention of the Kings a­
verages, which I take to be the
kings cariages by horse or cart.
Then. anno. 3 2. H. 8. ca. 14. and an­
no. 1. Iacobi, ca. 32. it is vsed for a
certaine contribution that mer­
chants and others doe every man









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

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

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

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

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

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

Aulnegeowr. See  Alneger.

Avo , is the name of a writ for









the which see (Ayle) . 

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

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









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

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

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

Avowrie. See Advowrie.

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









Rich. 2. cap. 1. See Weights.
Cowell indicates that it is french, but it is in the OED


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


B

BAcheler (Bachalaureus) com­
meth of the French (Bacha­
lier. i. tyro) and thereupon I
thinke, those that be called Ba­
chelers of the Companies in Lon­
don , be such of each company,
as be springing toward the e­
state of those that be imployed
in Councel, but as yet are inferiors.
For euery company of the twelue,
consisteth of a Master, two War­
dens, the Liuerie, which are as­
sistants in matter of Councell, or
at the least, such as the Assistants
be chosen out of, and the Bache­
lers, which are yet but in expe­
ctance of dignitie among them,
and haue their function onely in
attendance vpon the Master and
Wardens. I haue read in an old
monument, this word Bacheler ,
attributed to the Lord Admirall
of England , if he be vnder a Ba­
ron, in French words to this ef­
fect: and it is to weet, that when
the Admirall rideth to assemble
a snippe of warre, or other, for
the businesse and affaires of the
Realme, if he be a Bacheler, he
shall take for his day wages, 4. §.
sterling: if he be an Earle or Ba­
ron, he shall take wages after the
rate of his estate and degree. This
word is vsed, anno 13. R. 2. stat. 2.
cap. i. & signifieth as much as Ba­
cheler Knight doth, anno 3. Ed. 4.
cap. 5. that is, a simple Knight, not
a Knight baneret. See Banaret.
Touching the farder etymo­
logie of this word, Bachalarii, te­
ste Renano, à bacillo nominati sunt,
quia primi studii authoritatam, quæ
per exhibitionem baculi concedeba­
tur, iam consecutifuissent. Vt fue­
rit velut quoddam mancipationis si­
gnum in huiusmodi aliquod studium
baculi traditio. Alciat writeth the
word (baccalaurei, eosque dicit vi­
sos à bacca laurea nomen sumpsisse in
l. cui præcipua 5 7. π. de verbo. signi­
fica. 

Backberond. is a Saxon word.
and almost English at this day,
signifying as much as bearing vp­
on the backe, or about a man.
Bracton vseth it for a signe or cir­
cumstance of manifest theft,
which the Civilians call, furtum
manifestum. For dividing (furtum,
in man festum, & non manifestum)
he defineth (furtum manifestum)
in this sort : Furtum verò manifestum
est, vbi latro deprehensus est seisitus
de aliquo latrocinio: sc. hand habend
& backberend, & insecutus fuerit
per aliquem cuius res illa fuerit. li. 3









tract. 2. cap. 3 2. Master Manwood
in the second part of his forest
lawes, noteth it for one of the 4.
circumstances or cases, wherein
a Forester may arrest the bodie
of an offender against vert or ve­
nison in the Forest. For by the as­
sise of the Forest of Lancaster
(saith he) taken with the maner
is, when one is found in the
kings Forest in any of these foure
degrees: se. stable stand, dogge
drawe, backe beare, and bloudie
hand. In which place you may
find all these interpreted. 

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

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

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









chiefe Iustice in eyre of the Fo­
rest, vntill a certaine day. For
there he is alwaies accompted
by the lawe, to be in their ward
and custodie for the time. And
they may, if they wil, keepe him
in ward or in prison at that time,
or otherwise at their will. So
that he which is so bailed, shall
not be said, by the lawe, to be at
large, or at his owne libertie. See
Lamberds cirenarcha. lib. 3. cap. 2.
pag. 330. Bayle , is also a certaine
limit within the forest, accor­
dingly as the Forest is diuided
into the charges of seuerall Fo­
resters. Crompton in the oath of
the bow-bearer, fol. 201. See
 Maynprise.

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









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

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









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

Balkers See Conders.

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

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

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









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

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

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









See frank bank.

Bankrupt, (aliàs bankrowte.) com­
meth 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) & (route. i. vestigium) meta­
phorically taken from the signe
left in the earth, of a table once
fastened vnto it, & now taken a­
way. So that the original seemeth
to haue sprung from those Romain
(mensary) which (as appeareth by
many wrighters) had their (ta­
bernas & mensas) in certaine pub­
lique places, whereof, when they
were disposed to flie, & deceiue
men that had put them in trust
with their monies, they left but
the signes or carcases behinde
them I know that others of good
learning (and M. Skene for one)
bring this (a banco rupto) but the
French word worketh in me this
other opinion, for after their
sence, the French should rather
be banque rompu. Bankrupt
with vs signifieth him or his act,
that hauing gotton other mens
goods into his hands, hideth him
selfe in places vnknowne, or in
his owne priuate house, not min­
ding to pay or restore to his cre­
ditours their duties. anno. 34. H.
8. ca. 4. where the french phrase
(faire banque route) is translated
to the word, to make bankrupt.
A bankrupt, anno. 1. Iacobi. ca. 1 5.
is thus described: All and euery
such person and persons, vsing,
or that shall vse the trade of mer­
chandise, by way of bargaining,
exchange, bartrey, cheuisance, or
otherwise in grosse, or by seeking
his, her, or their trade of liuing by
buying and selling, and being a
subiect borne of this Realme, or
any the kings dominions, or de­
nizen, who at any time sithence
the first day of this present parla­
ment, or at any time hereafter,
shall depart the Realme, or begin
to keepe his or her house or hou­
ses, or otherwise to absent him or
her selfe, or take sanctuarie, or
suffer him or her selfe willingly
to be arrested for any debt or o­
ther thing, not growne or due
for mony deliuered, wares sould,
or any other iust or lawful cause,
or good consideration or purpo­
ses, or hath or will suffer him or
her selfe to be outlawed, or yeld
him or her selfe to prison or wil­
lingly or fraudulently hath or
shall procure him or her selfe to
be arrested, or his or her goods,
money, or chatels to be attached
or sequestred, or depart from his
or her dwelling house, or make,
or cause to be made any fraudu­
lent graunt or conueyance of his,
her, or their lands, tenements,
goods or chatels, to the intent or
whereby his, her, or their credi­
tours being subiects borne, as a­









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

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

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

Bard, aliâs, Beard. See Clack.

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

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









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









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

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

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

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









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

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

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

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

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









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

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

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

Barre (barra) commeth of the
French (barre) or barriere (. i. repa­
galum, obex, vectis) It is vsed in
our common law, for a peremp­
tory exception against a demaund
or plaint: and is by the author of
the Termes of law, defined to be
a plee brought by the defendant
in an action, that destroieth the
action of the plaintiffe for euer.
It is divided into a barre to com­
mon intent, and a barre speciall.
Abarre to a common intend­
ment, is an ordinarie or generall
barre, that ordinarily disableth
the declaration or plee of the
plaintiffe: a barre speciall is that,
which is more then ordinarie, &
falleth out in the case in hand or
question, vpon some speciall cir­
cumstance of the fact. Plowden.
casu Colthirst. fo. 26. a b. For ex­
ample,
an executor being sued for
his testators debt, pleadeth that
he had no goods left in his
hands, at the day when the writ
was purchased or taken out a­
gainst him. This is a good barre
to common intendment, or (pri­









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

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

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









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

Barre fee , is a fee of 20 &dmacron;. that
every prisoner acquited of felo­
nie payeth to the gaoler. Crompt.
Iustice of peace. fo. 158. b. 

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

Barriers , commeth of the
French (barres) and signifieth
with vs that which the French
men call (ieu de barres. i. palæstran.)
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 seeme to come of
the French (barater. i. circumveni­
re.) It signifieth in our statutes, ex­
change of wares with wares. an.
1. R. 3. ca. 9. & so bartry the sub­
stantiue. anno. 13. Eliza ca. 7. The
reason may be, because they that
choppe and change in this ma­
ner, doe what they can for the
most part, one to ouer-reach the
other. See barratour.

Base estate , is in true French
(bas estat) It signifieth in our com­
mon law, that estate which base
tenents haue in their lands. Base
tenents be they (as M. Lamberd
saith in his explica of Saxon words.
verbo Paganus) which do to their
lords villeinous service. The au­
thor of the termes of law in his
Tractat of old termes, saith that
to hold in fee base, is to hold at









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

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

Base fee, See base estate. 

Baselard (basterdus) in the sta­
tut. anno. 12. R. 2. ca. 6. signifieth a
weapon, which M. Speight in his
exposition vpon Chawcer , cal­
leth pugionem vel sicam. 

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

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









it selfe. See Broke. titulo. Bastardy.
n. 29. and Docter Ridlies booke.
pa. 203. 204. 

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

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

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

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

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

Bearding, aliâs, Barding of wooll.
 See Clack.

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

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

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









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

Bedell (Bedellus) commeth of
the French (bedeau. 1. apparitor) &
it signifieth with vs, nothing else
but a messenger or seruitour be­
longing to a Court, as a Court­
baron or Leet, Kitchin fol. 4 6.
where you may see his oath: or
to the Court of the Forest, Man­
wood parte pri. of his Forest lawes.
pag. 221. in these words: A Be­
dell is an officer or seruant of the
Forest, that doth make all maner
of garnishments of the Courtes
of the Forest, and also all maner
of Proclamations, as well with­
in the Courts of the Forest as
without: and also doth execute
all the processes of the Forest. He
is like to a Bailiffe errant of a
Shyreeue in a countie, &c. 

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

Beneficio primo ecclesiastico ha­
bendo , is a writ directed from the
King to the Chanceler, to be­
stow the benefice that first shall
fall in the kings gift, aboue or
vnder such a valew, vpon this or
that man, Regist. orig. fol. 3 07. b. 

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









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

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

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

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

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

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

Bidding of the bedes , was a
charge or warning, that the pa­
rish Priest gaue to his parishio­
ners, at certaine especiall times,
to say so many Pater nosters, &c.
vpon their beades, anno 2 7. H. 8.
cap. 26. 

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









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

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

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

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

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









this mater. 

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

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

Bynny peper. anno. 1. laco. ca. 19. 

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

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

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

Bloody hand. See Backberend.

Blomary , is one of the forges








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

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

Bockland , See  Charterland. See









Copie bould and  Free bould.

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

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

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

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

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









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

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

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

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

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

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

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









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

Bracton (otherwise called Hen­
ry of Bracton) was a famous law­
yer of this land, renowmed for
his knowledge both in the com­
mon and civill lawes, as appea­
reth by his booke every where
extant. He liued in the daies
of Henry the third. Stawn. præro fo.
5. b. and as some say, Lord cheife
Iustice of England.
Bread of treate, and bread of
coket. anno. 51. H. 3. statuto. 1. of
bread and ale. not in OED as headword--name

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

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

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

Brief (breve) commeth from
the French (bref ou breif. i. brevis)
and in our common lawe, signifi­
eth a writ, whereby a man is
summoned to answer to any a­
ction: or (more largely) any pre­
cept of the king in writing, issu­
ing out of any court, whereby
he commaundeth any thing to
be done, for the furtherance of
iustice or good order. The word
is vsed in the ciuile lawe, some
time in the singular number and
maseuline gender. as l. vlt. Cod. de
conueniendis fisci debitoribus. li. 10.
tit. 2. you haue these words : Inter
chartulas confiscati brevis, quidam
adseueratur invetus, quinomina con­
tinebat debitorum. Where it is vsed
for a short note. Again, I finde a
title restored by Gothofred , in the
first booke of the Code. de quadri­
menstruis brevibus. Quadrumen­
strui autem breves erant, quide sin­
gulis indictionum pensionibus, quirto
quoque mense solutis, consicrebantur.









Also Lampridius in Alexandro
hath it singularly thus: notarium,
qui falsum causæ brevem in consilio
imperatorioretulisses, &c. And in the
Authentiques. Novel. 105. ca. 2. you
haue this word (breviatores. i.
brevitam proscriptores) . Breves au­
tem, brevia, brevicula, sunt charta
sive libelli breves , as Gothofred.
there noteth. Where he noteth
likewise out of Zonaras in Car­
thagin: Concilio , that this is a greeke
word, thus: βρεβιον ὑ ἐπιτομὺ λδ γετομ
και συντόμ ?? γραοὺ. See Skene de
verbo. signif. verbo Breue. Of these
breifes see also Bracton. li. 5. tract.
5. ca. 17. nu. 2. Breve quidem cùm
sit formatum ad similitudinem re­
gula iuris, quia breviter & paucis
verbis intentionem proferentis expo­
nit & explanat, sicut regula iuris rem
quæ est breviter enarrat. Non tamen
it a breve esse debet, quin rationem &
vim intentionis contine at. &c. 

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

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

Britton , was a famous Lawyer,
that liued in the daies of K. Ed­
ward the first, at whose comman­
dement,
& by whose authority he
writ a learned booke of the lawe
of this realme. The tenure wher­
of runneth in the Kings name, as
if it had beene penned by him­
selfe, answerably to the Instituti­
ons, which Iustinian assumeth to
himselfe, though composed by
others. Stawnf. prare. fo. 6. & 21. S.
Edward Cooke saith, that this
Britton writ his booke in the
fifte yeare of the said Kings
reigne. li. 4. fo. 126. 4. & lib. 6. fo.
67. a. M. Guin. in the preface to
his reading, mencioneth, that
this Iohn Britton was bishop of
Hereford. not in OED as headword--name

Broke , commonly called S. Robert
Broke , was a greate lawyer and
lord chiefe Iustice of the common
plees in Queene Maries time.
Cromptons Iustices of peace. fo. 22.
b. he made an abbridgement of
the whole lawe, a booke of
highe accoumpt. not in OED as headword--name

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









(brocarder. i. cavillari.) because these
kinde of men, by their deceitfull
speeches and abusing their true
trade, many times inuegle others.
In Scotl and they be called (broc­
cary) and in their owne idiome,
blockers or brockers, that is, me­
diators or intercessors in any trans­
action, paction, or contract: as in
buying or selling, or in contract­
ting mariage. Skene de verbo. signi.
verbo. broccary.

He that will know what these
brokers were wont & ought to
be, let him read the statut. anno. 1.
Iacobi. ca. 21. These in the civile
lawe are called (proxenetæ) as al­
so of some (licitatores & media­
tores. titulo. de proxeneticis. in Dige­
stis. This kind of dealer is also of
the Romanes called (pararius)
Seneca. li. 2. de benef. ca. 22. Calius
Rhodoginus, libro. 6. ca. 32. & li 3.
cap. 15. 

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

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

Broggers. See  Brokers.

Bruckbote (Pontagium) is com­
pounded of two German words
(bruck. i. pons ,) and (bote. i. com­
pensatio.) It signifieth with vs, a
tribute, contribution, or ayde
toward the mending or reedifi­
ing of bridges; whereof many
are freed by the kings charter.
And thereupon the word is vsed
for the very libertie or exemption
from this tribute. See  Pontage &
Brigbote.not in OED as headword

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

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









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

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

Burgh English. See Borow En­
glish. 

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

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

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









the which see more in Botyler. 


C

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

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

Calendrin of Worsseds. anno 5.
H. 8. cap. 4. & anno 35. eiusdem.
cap. 5. not in OED as headword--name? calendar?

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

Cape , is a writ iudiciall tou­
ching plee of land or tenements,
so tearmed (as most writs be)
of that word in it selfe, which
carieth the especiallest intenti­
on or end thereof. And this
writ is diuided in (Cape magnum,
& Cape parvum :) both which (as
is before said in Attachment)
take hold of things immoueable,
and seeme to differ betweene
themselues in these points. First,
because (cape magnum) or the
(grand Cape) lyeth before ap­
pearance, and (Cape parvum) af­
terward. Secondly, the (Cape ma­
gnum) summoneth the tenent to
aunswer to the default, and ouer
to the demaundant: (Cape par­
vum) summoneth the tenent to
aunswer to the default onely: and
therefore is called (Cape parvum)
or in French English (petit Cape.)
Old. nat. br. fol. 161. 162. Yet
Ingham saith, that it is called (pe­
tit Cape) not because it is of smal
force, but that it consisteth of few
words. (Cape magnum) in the
old nat. br. is thus defined. This
writ is a iudiciall, and lyeth
where a man hath brought a
(Præcipe quod reddat) of a thing
that toucheth plee of land, and
the tenent make default at the
day to him giuen in the writ
originall: then this writ, shall
goe for the king to take the
land into the kings hands: and if
he come not at the day giuen
him by the (grand Cape) he hath
lost his land, &c. A president
and forme of this writ you
may see in the Register iudiciall,
fol. 1. b. It seemeth after a sort to
containe in it the effect (missie­
nis in possessionem ex prime & secun­
do decreto) among the Civilians.
For as the first decree seiseth the
thing, and the second giueth it
from him, that the second time
defaulteth in his appearance: so
this (Cape) both seiseth the land,
and also assigneth to the partie a









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

Cape parvum , in the Old. na. br.
fol. 162. is thus defined: This
writ lyeth, in case where the
tenent is summoned in plee
of land, and commeth at the
summons, and his appearance
is of record, and after he maketh
default at the day that is gi­
uen to him: then shall goe
this writ for the king, &c. Of
this likewise you haue the form
in the Register iudiciall, fol. 2.
a. Why it is called cape parvum ,
see in cape magnum. Of both
these writs, reade Fleta lib. 6.
cap. 44. 9. Magnum & seqq. 

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

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









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

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

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

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

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

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

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

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

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









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

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









ries, &c. And this tenure in capite
is otherwise called tenure hol­
ding of the person of the King.
Dyer. fo. 44. n. 37. Aurhor of the
new termes. verb. Tenure in capite.
Broke. titulo. Tenures. nu. 65. 99.
And yet M. Kitchin. fo. 208. saith,
that a man may hould of the
person of the King, and not in
capite. His example is this, if the
King purchas a maner that I. S.
houldeth, the tenent shol hould
as he held before, and shall not
render liuery or primer seisin , not
hould in capite : And If the king
graunt that maner to W. N. in
fee, excepting the seruices of I.
S. then I. S. holdeth of the king,
as of the person of the king, and
yet houldeth not in capite , but
as he held before. So that by
this booke, tenuere houlding of
the person of the king, and te­
nure in capite , are two diuers te­
nures. To take away this diffi­
culty, I thinke M. Kitchin is in
that place to be taken, as if he
saide, not in capite by Knights
seruice, but by socage, folow­
ing the vsuall speech: because
most commonly where we talke
of tenure in capite , we meane te­
nure by Knights seruice. 

Carno, Cromptons iurisd. fol.
191. is an imunitynot in OED as headword

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

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

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

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









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

Caruage (caruagium ,) see
Carue.

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

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

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

Castelward (castelgardum, vel
wardum castri) is an imposition
laide vpon such of the kings sub­
iects, as dwell within a certaine
compasse of any castell, toward
the maintenance of such, as doe
watch and ward the castell. Ma­
gna charta, cap. 20. & anno 3 2.
H. 8. cap. 48. It is vsed sometime,
for the very circuit it selfe, which
is inhabited by such as are sub­









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

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

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

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









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

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

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

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

Cathedrall. See church. 

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

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









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

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

Century (centuria) See Hundred.

Cepicorpus , is a returne made by
the Shyreue, that vpon an (exigend)
he hath taken the bodie of the
partie. Fitzh nat. br. fo. 26. 

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

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

Certification of assise of novel
disseisin, &c. (Certificatio assisæ novæ
disseisinæ. &c.) is a writ graunted
for there examining or reuew of
a mater passed by assise before
any Iustices, and is called (certifi­
catiene novæ disseisine) Old. nat. br.
fo. 181. Of this see also the Regi­









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

Certificando de recognitione Sta­
pulæ , is a writte directed to the
Mayor of the staple, &c. commaun­
ding him to certisie the chaun­
celer of a statute of the staple ,
taken before him betweene such
and such, in case where the par­
tie himselfe detaineth it, and re­
fuseth to bring it in. Regist. or g.
fo. 152. b. In like maner may
be said of (certificando de sta­
tuto mercatorio) eoaem. fo. 148. and
(de certificando in cancellarium de
inuisitione, de idemptitate nominis)
fo. 195. and (certificando quando
recognitio,) &c. and (certificando
quid actum est de breui super statu­
tum mercatorium.) fo. 151. & certi­
ficando si loque la Werantiæ. fo. 13. 

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









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

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

Cestui qui vse (ille cuius vsui vel
ad cuius vsum) is broken french,
and thus may be bettered: (Ce­
stui al vse de qui) It is an ordinarie
speech among our common
lawyers, signifying him, to whose
vse any other man is infeoffed
in any lands or tenements. See
the newe booke of entrise. ver­
bo. vses. and in Replevin. fo. 5 08. co­
lum. 3. & verbo Trespas fo. 606. &
fo. 123. a. b. colum. 3. nu. 7. 

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

Chase (chacea) commeth of
the French (chasser. 1. sectari belln­
as, apros, cervos) It signifieth two
things in the common lawe. First,
as much as (actus) in the civil
lawe, that is a dryving of catell
to or from any place: as to chase
a distresse to a fortlet, Old nat. br.
fo. 45. Secondly, it is vsed for a re­
ceite for deere and wilde beasts,
of a middle nature betweene a
forest, and a parke: being com­
monly lesse then a forest, and
not endewed with so many liber­
ties, as the courtes of attach­
ment, Swaine mote , and Iustice
seate : and yet of a larger compas,
and stored with greater diuersi­
ty both of keepers and wilde
beasts or game, then a park. And
Crompton in his booke of Iuris­
dictions. fo. 1 48. faith, that a for­
rest cannot be in the hands of
a subiect, but it forth with loo­
seth the name, and becommeth
a chase. and yet fo. 1 97. he saith,
that a subiect may be lord and
owner of a forest. which though
it seeme a contrariety, yet be
both his sayings, in some sort,
true. For the king may giue or ali­
enate a forest to a subiect: yet so,









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

Chalenge (calumnia) commeth
of the French (chalanger , 1. sibias­
serere) and is vsed in the common
lawe for an exception taken ei­
ther against persons or things:
persons, as in assise to the Iurors,
or any one or more of them: or
in a case of felonie by the priso­
ner at the barre. Smith de rep. An­
glor. lib. 2. cap. 12. Britton. ca. 5 2.
Bructon lib. 2. tract. 2. cap. 2 2.
Against things, as a declaration,
old nat. br. fol. 76. Chalenge
made to the Iurours, is either
made to the array, or to the
polles. Chalenge to the array is,
when the whole number is ex­
cepted against, as partially em­
paneled: chalenge to or by the
polle, when some one, or more
are excepted against, as not in­
different. Termes of the law. Cha­
lenge to the Iurours, is also divi­
ded into Chalenge principall,
and Chalenge per cause. i. vp­
pon cause or reason. Chalenge
principall (otherwise by Stawnf.
pl. cor. fol. 157. & 158. called
(peremptorie) is that, which
the lawe alloweth without cause
alledged or farder examination.
Lamberd. Eirenar. lib. 4. cap. 14.
as a prisoner at the barre, ar­
raigned vpon felonie, may per­
emptorily chalenge to the num­
ber of 20. one after another, of
the Iurie empaneled vpon him,
alledging no cause, but his owne
dislike: and they shall be still
put off, and new taken in their
places. But in case of high trea­
son no Chalenge peremptorie is
allowed, an. 33. H. 8. cap. 23. For­
tescue saith, that a prisoner in
this case may chalenge, 35. men
c. 27. but that law was abrid­
ged by anno 25. H. 8. cap. 3. I can­
not here omit to note some dif­
ference, that (in mine opinion)
I obserue betweene Chalenge
principall, and Chalenge per­
emptorie, finding peremptorie









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

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

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

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









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

Champârtie, (cambipartita) aliàs
champertie , seemeth to come
from the french (champart. 1. vecti­
gal) and signifieth, in our com­
mon lawe, a maintenance of any
man in his suit depending, vpon
condition to haue part of the
thing (be it lands or goods)
when it is recouered. Fitzh. nat.
br. fo. 1 7 1. and champertours be
they, that moue plees or suites,
or cause to be moued, either by
their owne procurement, or by
other; and persyew at their pro­
per costs, for to haue part of the
land in variance, or part of the
gaines. anno. 33. Ed. 1. stat. 2. in









fine. Whereunto adde the third
statut made the same yeare. This
seemeth to haue bene an aunci­
ent fault in our realme. For not­
withstanding these former sta­
tutes, and a forme of writ fra­
med vnto them, yet anno. 4. Ed. 3.
ca. 1 1. it was againe inacted, that
whereas the former statute pro­
uided redresse for this in the
kings bench onely (which in
those dayes folowed the court)
from thence forth it should be
lawfull for Iustices of the com­
mon plees likewise, and Iustices
of assises in their circuits, to in­
quire, heare, and determine this
and such like cases, as well at
the suite of the king, as of the
party. How farre this writ exten­
deth, and the diuers formes ther­
of, applied to seuerall cases, see
Fitzh. nat. br. fo. 17 1. and the Re­
gister orig. fo. 183. and the new
booke of entrise. verbo. Champer­
tie. Euery champertie employeth
maintenance. Cromptons iurisd fo.
39. See also his Iustice of peace.
fo. 155. b. &c. These with the Ro­
mans were called redemptores li­
tium, qui sc. quotidianas lites mer­
cantur, aut qui partem litis pacis­
cuntur. l. si remunerandi. §. Mau­
rus. π. Mandati. l. si contra. &. l.
per diuersas. Co. eodem. 13. 

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

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









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









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

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









clerk of the hanaper, the proto­
notary or register, the controller
of the hanaper, the clerk of ap­
peales, the sealer, the chafe waxe,
the clerke of the faculties, the
clerk of the patents, clerk of the
starre chamber, clerk of presen­
tations, clerk of dismissions,
clerk of licenses to alienate,
clerkes of the enrolments, clerk
of the protections, clerk of the
court of wards, clerk of the sub
penaes, which see described in
their places. 

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









tes & custodientes cum oæteris san­
ctorum reliquis clerici, capellani cæ­
perunt vocari. vt omnia refert Vala­
fridus Strabo. Abbas Augensis. ca.
fina. de incrementis rerum reclesi­
astica.

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

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

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









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

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

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

Charta perdonationis vtlagariæ , is
the forme of a pardon for a man
that is outlawed. Reg. orig. fo. 288.
38 8. 

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









of pardon, whereby a man is
forgiuen a felonie, or other of­
fence committed against the
Kings crowne and dignitie.
Broke. tit. charter of pvrdon.
C harter of the forest, wherein
the lawes of the forestare com­
prised. anno. 9. H. 3. Cromptons
Iurisd. fo. 147. Pupilla oculi. parte.
5. ca. 22. Manwood. parte. 1. of his
forest lawes. fo. i. where he
setteth downe the charters of
of Canutus. and fo. 17. where he
hath set downe that which was
made. anno 9. H. 3. with the char­
ter of the forest which we vse,
M. Skene saith, that the lawes of
the forest in Scotland doe agree.
de verbo. signif. verbo. Venison.
Charter of land. Broke. eodem ti­
tulo. That which we call a
charter, the Lombards in libris feu­
dalibus , call præceptum (præceptionem)
Hotama. verbo præceptum. in verbis
feudalibus. Of these charters you
haue also a long discourse in Fle­
ta. li. 3. ca. 14. who expoundeth
euery substantiall part of a
deede of gift particularly in or­
der. 

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

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

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

Chase. See Chace.written as "chase" (not chace) twice

Chatell. See Catell. 

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









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

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

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

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

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

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

Chief. See Capite.

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









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

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

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

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









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

Chivage. See Chevage.

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









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









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

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

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

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

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









Romanorum adventum, illam con­
tributionem secundum veterem le­
gem Moysinomine primitiarum da­
bant: prout in breviregis Knuti, ad
summum Pontificem transmisso, con­
tinetur, in quo illam contributionem,
(chirchsed) appellant, quasi semen
Ecclesiæ. 

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

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

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

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

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









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

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

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

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

Clarentius. See  Herald.

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









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

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

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

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

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









gaine. Register orig. fo. 187. b. 

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

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

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









for euery coursitour, and clerk of
court to make. 

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

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

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

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

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

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









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

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

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

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

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









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

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

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

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

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









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

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

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

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









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

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

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

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

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

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









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

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

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

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

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

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

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

Cocket (cokettum) is a seale ap­
pertaining to the kings custome
house, Regist. orig. fol. 192. a. &
also a scrow of parchement sea­
led and deliuered by the officers
of the custome house to mer­
chants, as a warrant that their
merchandize be customed, anno
11. H. 6. cap. 16. which parch­
ment is otherwise called literæ de
coketto , or literæ testimoniales de
coketto. Regist. vbi supra. fol. 179.
a. So is the word vsed. anno 5. &
6. Ed. 6. cap. 14. and anno 1 4. Ed.
3. stat. 1. cap. 21. This word is
also vsed for a distinction of
bread in the statutes of bread &
ale, made anno 51. H. 3. where
you haue mention of bread co­
ket, wastell bread, bread of trete,
and bread of common wheate. 

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









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

Cogs anno 23. H. 8. cap. 18. not in OED as headword--name?

Conisour 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. titulo Fines. sect. 2. 

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

Cognatione. See Cosenage.

Cognisour , see Conisour.

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

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

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

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









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

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

Collatione facta vni post
mortem alterius, &c. is a writ di­
rected to the Iustices of the com­
mon plees, commanding them
to direct their writ to a Bishop,
for the admitting of a clerk in
the place of another presented
by the king, that during the suit
betweene the king and the Bi­
shops clerk, is departed. For iudg­
ment once passed for the kings
clerk, and he dying before he be
admitted, the king may bestow
his presentation vpon another,
Register orig. fo. 3 1. b. 

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

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









fo. 140. 

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

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

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

Comitatu commisso , is a writ or
a commission, whereby the Shy­
reeue is authorized to take vpon
him the swaye of the countie.
Regist. orig. fol. 29 5. a. & b. and
Cokes Reports. li. 3. fol. 7 2. a. 









Comitatu & castro commisso , is a
writ whereby the charge of a
countie, together with the kee­
ping of a castell, is committed to
the Shyreeue, Reg orig. fol. 29 5. a. 

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









vel ex magistri licentia permutant
reddituri morientes quæ apud eos re­
perientur,
societati. Of these Corasius
in his paraphrase Ad sacord. mat.
parte prins. cap. 3. saith thus : Præ­
ceptoriæ Rhodienses, cùm non nisi
fratribus Hierosolymitanis, atque
it a personis ecclesiasticis conferan­
tur, beneficiis ecclesiasticis annume­
rari merito debent.

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

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









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

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

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









read at large in Duarenus de sa­
cris ecclesiæ ministorus & beneficus
li. 5. ca. 7. And whereas the glosse,
in verbo commendare. in ca. Nemo
deinceps: de electione. in sexto. defi­
neth commendam esse ecclesiæ cu­
stodiam al icui commissam: Iohannes
Andræas therevpon saith thus :
huic definitioni necessariò hæc aduci­
enda putem: in tempus gratiâ evi­
dentis necessitatis & vtilitatis. Idque
docuit textus in dicto capite. Nemo.
Corrasius in his paraphrase de sa­
cerdotiorum materia parte prima.
ca. 6. nu. 3. & seqq thus describeth
the mater : In commendam conce­
ditur beneficium, cùm Romanus
Pontifea, Legatus, aut Episcopus
(Pleque enim inferioribus, qui ex
privelegio aut alio iure spirituali
conferunt, concessum est, ca. cum
omnes basilicæ. 16. quæst. 7.) ecclesiæ
vacantis custodiam alicui commit­
tit, administratorem generalem
eius templi eum constituens, ca.
nemo. de electio. in sexto. Commen­
dare enim aliud est nihil, quàm de­
ponere. l. publius. π. depositi. l. commen­
dare. π. de verb: signif) Hoc autem, ad
tempus sex mensium, & pro eviden­
ti necessitate aut vtilitate ecclesiæ
lex permittit, (d ca. Nemo.) Qua­
re commendatarius qui ecclesiæ va­
cantis & fructuum, ad tempus dun­
taxat custodian habet, nec tenere be­
neficium, iusve habere in beneficio, aut
canonicum titulum censebitur: vti
nec depositarius in re deposita. wher­
of also Petrus Gregorius de benefi­
cus, ca. 10. nu. 13. thus writeth. In
hac quarta divisione, potest addi ter­
tium genus beneficii, quod citra præ­
scriptionem qualitatis a persona al­
terius qualitatis quàm beneficium
exigat naturâ, possidetur, sed sins
præiudicionaturæ beneficii, & per dis­
pensationem, eo commendato olim ad
tempus certum certæ personæ, hodie,
vt plerunque, quàm diu commenda­
tarius vixerit. Vocant hoc benefi­
cium commendatum commendam:
vt si regulare beneficium à Summo
Pontifice conferatur, nomine commen­
dæ, sæculari. Nam ideo non mutatur
beneficii natura, nec fit ideo sæcula­
re, &c. And a little after, Iuterim
annotabimus duplici de causa fieri
commendam ecclesiæ, nempe vel
in vtilitatem ecclesiæ, vel commen­
datarii. In primo commenda titu­
lum non dat beneficii commendata­
rio, & dicitur potius custodia quæ re­
vocari potest: quod repugnat naturæ
beneficii, quod est perpetuum. In se­
cundo autem casu beneficium cense­
tur in vtilitatem commendatarii
commeda facta, quam possidere potest
quam diu vixerit, &c. whome you
may also read. ca. 2. li. 13. 

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









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

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

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









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

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

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

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

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









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

Common plees (communia pla­
cita) is the kings Court now
held in Westminster hall, but in
auncient time moueable, as ap­
peareth by the statute called
Magna charta. cap. 11. as also
anno 2. Ed. 3. cap. 11. and Pupil­
la oculi, parte 5. cap. 22. But M.
Gwin in the Preface to his rea­
dings saith, that vntill the time
that Henry the third granted the
great charter, there were but
two courts in all, called the
Kings courts: whereof one
was the Exchequer, and the o­
ther, the kings bench, which was
then called (curia Domini regis)
and (aula regia) because it fol­
lowed the court or king: and
that vpon the grant of that char­
ter, the court of common plees
was erected and setled in one
place certaine: viz. at Westmin­
ster. And because this court was
setled at Westminster , wheresoe­
uer the king lay: thereupon M.
Gwin, vbi supra , saith, that after
that, all the writs ranne, Quòd sit
coram Iusticiariis meis apud West­
monasterium : whereas before the
partie was commanded by them, to
appeare coram me vel Iusticiariis
meis , simply without addition of
place, as he well obserueth out
of Glanvile and Bracton , the one
writing in Henry the seconds
time, before this court was ere­
cted, the other in the later end
of Henry the thirds time, who e­
rected this court. All ciuill cau­
ses both reall and personall are,
or were in former times, tryed in
this court, according to the strict
lawe of the realme: and by For­
tescue, cap. 50. it seemeth to haue
bene the onely court for reall
causes. The chiese Iudge thereof
is called the Lord chiefe Iustice
of the common plees, accompa­
nied with 3. or 4. assistants or as­
sociates, which are created by
leters patents from the king, and
(as it were) enstalled or placed
vpon the bench, by the Lord
Chaunceler and lord chiefe Iu­
stice of the court, as appeareth
by Fortescue, cap. 5 1. who expres­
seth all the circumstances of this
admission. The rest of the offi­









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

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

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

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

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

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

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

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

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









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

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

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

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

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

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









be two sorts of conditions: con­
dition collaterall, or condition
annexed to the rent. Sir Edward
Coke. lib. 3. Pennants case fol. 6 4.
Collaterall condition is that,
which is annexod to any collate­
rall act: as that the leassee shall
not go to Rome, ibi fol. 65. Con­
dition is also diuided, into condi­
tion in deed or fact, and condi­
tion in lawe: which otherwise
may be tearmed, condition ex­
pressed, and condition implyed.
Perkins. Conditions. 722. These
and other like diuisions of con­
ditions you may reade in the au­
thor of the new Tearmes of law.
verbo. Condition. and in Litleton. li.
3. cap. 5. 

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

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

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

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









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

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

Conisance, See Cognisance. 

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

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









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

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

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

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









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

Consistory (consistorium) is a
word borowed of the Italians ,
or rather Lombards , signifiing as
much as (prætorium) or tribunal.
vocab. vtriusque iur. It is vsed for
the place of iustice in the courte
christian. 

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

Conusance. See Cognisance.

Conuzour , See Cognizour.

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

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









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

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

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

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









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









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

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

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

Contenement, (contenementum)
 seemeth to be the free hould
land, which lyeth to a mans te­
nement or dwelling house, that
is in his owne occupation. For
in magna charta. ca. 14. you
haue these words: A free man
shall not be amerced for a small
fault, but after the quantity of
the fault: and for a great fault,
after the maner thereof, sauing
to him his contenement or free
hould. And a merchant likewise
shalbe amerced sauing to him
his merchandies: and any other
villaine then owers, shalbe a­
merced sauing his wainage, if
he take him to our mercy. And
Bracton. li. 3. tracta. 2. ca. 1 nu.
3. hath these words: & scien­
dum, quòd miles & liber homo non
amerciabitur, nisi secundùm modum
delicti. seoundùm quod delictum









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

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

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









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

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

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

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

Controller (contrarotulator) com­
meth of the French (contrerouleur.
i. antigraphus, gracèἀντιγραφευς. )
which in Rome was vsed for him,
cui id muneris iunctum erat,









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









in tabulis quæ colliguntur. Grego­
rit syntagn. lib. 3. cap. 6. num. 6. 

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

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

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

Copie, (copia) commeth from
the french copia. i. le double de que­
lque escripture, latinè descriptio,
græceἀϖογραφον, and signi­
fieth in our common language,
the example of an originall writ­
ing: as the copie of a charter, the
copie of a court rolle. 

Copia libelli deliberanda , is a
writ that lyeth in case where a
man cannot get the copie of a
libell at the hands of the Iudge
ecclesiasticall. Register orig. f. 5 1. 

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









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









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

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

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

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

Corner tile. See  Gutter tile.

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









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

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

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

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









may attend vpon such an office.
Yea there is a writ in the Regi­
ster, Nisi sit miles. fo. 177. b. where­
by it appeareth, that it was suf­
ficient cause to remooue a coro­
ner chosen, if he were not a
knight, and had not a hundred
shillings rent of freehold. And
the Lord cheife Iustice of the
kings bench, is the soueraigne
coroner of the whole realme in
person. i. wheresoeuer he remai­
neth. libro assisarum fo. 49. 5. coron.
Coke. li. 4. casu. de Wardens, &c. of
the Sadlers. fo. 5 7. b. His office es­
pecially concerneth the plees
of the crowne: but if you will
reade at large, what aunciently
belonged vnto him: reade Bra­
cton. li. 3. tra. 2. c. 5. de officio corona­
torum circa homicidium. and ca. 6.
de officio coronatoris in thesauris
inventis. & ca. 6. de officio coronato­
rum in raptu virginium and ca. 8.
de officio coronatorum de pace & pla­
gis. and Britton in his first chap­
ter, where he handleth it at large.
Fleta also in his first booke cap.
18. and Andrew Horns mirrour of
Iustices. li. 1. ca. del office del coro­
ners. but more aptly for the pre­
sent times, Stawnf. pl. cor. li. 1. ca.
51. Note there be certaine coro­
ners speciall within diuers liber­
ties, as well as these ordinarie
officers in euerie countie: as the
coroner of the verge, which is
a certaine compas about the
kings court, whome Crompt. in
his iurisd. fo. 102. calleth the co­
roner of the kings house: of
whose authoritie see S. Ed.
Cokes reportes. lib. 4. fo. 46. a. b.
And I know certen charters be­
longing to colledges and other
corporations, whereby they are
licensed to appoint their coroner
within their owne precincts. Far­
der of this office see also Fitzh.
nat. br. fo. 76. A. B. S. Thomas
Smith. li. 2. ca. ca. 21. de repub. An­
glo. and Lamb. eirenarcha. li. 4. ca.
3. pa. 380. And the office of the
coroner in Scotland. what it is,
read M. Iohn. Skene de verbo. sig­
nifi. verbo. Iter. 

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

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









the record touching the cause of
any man lying in execution, vpon
a iudgement for debt into the
Kings bench, &c. there to lye vn­
till he haue satisfied the iudge­
ment. Fitzh. nat. br. fol. 2 51. E. 

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

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

Corse present , are words bo­
rowed from the French, signify­
ing a mortuarie. anno 2 1. H. 8. ca.
6. The true French is (corps præ­
sentè) i. the bodie presented or
tendered. The reason why the
mortuarie is thus also tearmed,
seemeth to be, for that where a
mortuarie was wont to be due,
the bodie of the best beast was
according to the law or custome
offered or presented to the priest. 

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

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

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









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

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

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

Covenable (rationabilis) is a
French word, signifying fitte or
convenient, or suteable. covena­
bly endowed anno. 4. H. 8 ca. 12.
It is aunciently written (conve­
nable) as in the stat. an. 2 7. Ed. 3.
stat. 2. ca. 17. 

Couenant conuentio , is the consent of
two or more in one self thing, to
doe or giue somwhat. West. part.
2. symbol. li. 3. sect. 4. It seemeth to
be as much as (pactum. conven­
tum) with the ciuilians. which
you read often times in Tullie.
Pactum conuentum, quod & vulgo
vestitum vocant, opponitur nudo
pacto, velut ab omni iuris solennita­
to destituto. Huius exempla ponere
difficile esse Iason existimavit. Con­
ventum aiunt, quod vestitur, aut re,
aut verbis, aut literis, aut contractus
cohærentiâ, aut rei interuentu. Ol­
dendorpius. And couenant in this
signification, is either a cove­
nant in lawe, or a couenant in
fact. Coke. lib. 4. Nokes case. fo. 80.
or couenant expresse & coue­
nant in lawe. idem. li. 6. fo. 17. a.
Couenant in law is that, which
the law intendeth to be made,
though in words it be not ex­
pressed: as if the lessour doe di­
mise and graunt, &c. to the leas­
see for a certaine tearme, the
lawe intendeth a couenant of
the lessours part, that the lessee
shall, during his whole terme,
quietly inioy his lease against all
lawfull encumbrance. Covenant
in fact is that, which is expresse­
ly agreed betweene the parties.
There is also a couenant meerely
personall, and a couenant reall.
Fitzh. nat. br. fo. 145. And he see­
meth to say, that a couenant re­
all is, whereby a man tieth him­
selfe to passe a thing reall, as
land or tenements, as a coue­
nant to levie a syne of land, &c.
a couenant meerely personall of
the other side, is where a man
couenanteth with another by
deede, to build him a house, or a­
ny other thing, or to serue him,
or to infeoffe him &c. Couenant
is also the name of a writ, for
the which see Conuentione. Instru­









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

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

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

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

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

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









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

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

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

Counter plee , is compounded of
two French words (contre. i. con­
tra, adversus) and (pleder. i. causam
agere.) It signifieth properly in
our common lawe, a replication
to (ayde prier.) For when the te­
nent by courtesie, or in dower,
prayeth in ayde of the king,
or him in the reuersion, for his
beter defence: or else if a stranger
to the action begun, desire to be
receiued to say what he can for
the safegard of his estate: that
which the demandant alledgeth
against this request, why it shuold
not be admitted, is called a coun­
ter plee. See Broke h t. And in this
signification it is vsed. anno. 2 5.
Ed 3. stat. 3. cap. 7. See also the
new termes of the law, and the
statute anno 3. Ed. 1. cap. 39. 

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









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









County. The word (comita­
tus) is also vsed for a iurisdiction
or territorie among the Feudists. 

Countie court (curia comitatus)
 by M. Lamberd is otherwise cal­
led (conuentus) in his explication
of Saxon words, and diuided
into two sorts: one retaining
the generall name, as the county
court held euery moneth by the
Shyreeue, or his deputie the vn­
der-shyreeue, whereof you may
reade in Cromptons iurisd. fol. 231.
the other called the Turne, held
twice euery yeare, which see
more at large in his place: and
Cromptons Iurisd. fol. 231. This
countie court had in auncient
times the cognition of these
and other great maters, as may
appeare by Glanvile lib. 1. cap. 2
3. 4. by Bracton and Britton in
diuers places, and by Fleta. li. 2.
cap. 62. But that was abridged
by the statute of Magna charta.
cap. 17. and much more by 1.
Ed. 4. cap. vnico. It had also, and
hath the determination of cer­
taine trespasses, and debts vnder
forty shillings. Britton. cap 2 7. &
28. what maner of proceeding
was of old vsed in this court, see
Fleta vbi supra. 

Coursitour. See Cursetour.

Court (curia) commeth of the
French (court) which signifieth
the kings palace or mansion, as
(curtis) doth among the Lom­
bards. All these spring of the La­
tine (curia) which signifieth one
of thirty parts, into which Ro­
mulus diuided the whole num­
ber of the Romaines: sometime
also the Senate house, as appea­
reth by Tully in his Offices (ni­
hil est quod dignum nobis, aut in foro
aut in curia agere possumus : which
in his oration (pro Milone) he
calleth, Templum sanctitatis, am­
plitudinis, mentis, consilii publici,
caput vrbis, &c. Court, with vs,
signifieth diuersly: as the house
where presently the king remai­
neth with his ordinarie retinue,
and also the place where iustice
is iudicially ministred: of which
you finde 3 2. seueral sorts in M.
Cromptons booke of Iurisdictions
well described. And of them
most be courts of record: some
be not, and therefore are ac­
compted base courts in compa­
rison of the rest. Beside these al­
so there are courts Christian.
Smith de repub. Anglor. lib. 3. cap.
9. which are so called, because
they handle maters especially
appertaining to Christianitie,
and such as without good know­
ledge in diuinity cannot be well
iudged of, being held heretofore
by Archb. and Bishops, as from
the Pope of Rome: because he
chalenged the superioritie in all
causes spirituall: but sithence his
eiection, they hold them by the
kings authoritie (virtute magi­
stratus sui) as the Admirall of
England doth his court. Where­









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

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

Court christian (curia christiana)
 See Court.

Court of Pypowders. See Py­
powders. 

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









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









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

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

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

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









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

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

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

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

Creast Tile. See Roofe tile.not in OED as headword; in roof tile

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

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

Cucking stoole, (tumbrella) is an
engine inuented for the punish­
ment of scolds and vnquiet wo­
men, called in auncient time a
tumbrell. Lamb. eirenarcha. li. 1.
ca. 12. po. 62. in meo. Bracton
writeth this word (tymborella.)
Kitchin , where he saith, that









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

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

Cudutlaghe. See  Conthut­
laughe.

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

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

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

Cuntey cuntey is a kind of triall,
as appeareth by Bracton in these
words: Negotium in hoc casu ter­
minabitur per cuntye cuntey, sicut
inter cobæredes. Bracton. lib. 4. tra.
3. cap. 18. And againe, in the
same place: In brevi de recto nego­
tium terminabitur per cuntey cuntey.
And thirdly, lib. 4. tract. 4. cap.
2. Terminabitur negotium per breve
de recto: vbi nec duellum, nec mag­
na assisa, sed per cuntey cuntey om­
ninò : which in mine opinion is
as much, as the ordinarie
Iurie. not in OED as headword

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

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

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









Register. orig. fo. 155. Fitzh. nat. br.
fo. 1 27. See also the newe booke
of Entrise. verbo. Curia clauden­
da. 

Cursiter (clericus de cursu, vel
cursista curiæ cancellariæ) is an offi­
cer or clerke belonging to the
chancerie, that maketh out ori­
ginall writs. anno. 14. & 1 5. H. 8.
ca. 8. They be called clerks of
course in the oathe of the clerks
of the chancerie appointed anno
18. Ed. 3. stat. 5. ca. vnico. There be
of these 24. in number, which
haue allotted vnto every of
them certaine shires, into the
which they make out such ori­
ginall writs, as are by the subiect
required, and are a corporation
among themselues. 

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

Curtilage. See  Courtelage.

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

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









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

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

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









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

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

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

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









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

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


D A

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

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

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










of the French (dernier. i. vlti­
mus.)

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

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

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

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

Dead pledge (mortuum vadium)
 See  Mort gage.

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









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

Debet & solet : These words
are diuers times vsed in the wri­
ters of the common lawe, and
may trouble the minde of a
young student, except he haue
some aduertisement of them. For
example, it is saide in the old. nat.
br. fo. 98. This writ (de secta molen­
dini) being in the (debet) and (so­
let) is a writ of right, &c. and a­
gaine. fo. 69. A writ of (Quod per­
mittat) may be pleaded in the
countie before the shyreeue, and
it may be in the (debet) and in
the (solet) or the (debet) with out
the (solet) according as the De­
mandant claymeth. wherfore note,
that those writs that be in this
sort brought, haue these words
in them, as formall words not to
be omitted. And according to
the diuersity of the case, both (de­
bet) and (solet) are vsed, or (de­
bet) alone: that is, if a man siew
to recouer any right by a writ,
whereof his awncester was dis­
seised by the tenent or his awn­
cester, then he vseth onely the
word (debet) in his writ: because
(solet) is not fit by reason his
awncester was disseised, and the
custome discontinued: but if he
siew for any thing, that is now
first of all denied him, then he
vseth both these words (debet &
solet) because his awncesters be­
fore him, and he him selfe vsual­
ly inioyed the thing siewed for:
as suite to a mille, or common of
pasture vntill this present refusall
of the tenent The like may be
saide of (debet) and (detinet) as
appeareth by the Register. orig. in
the writ de debito. fo. 140. a. 

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









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

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

Decem tales. See Tales.

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

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

Decenniers. See Deciners.

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









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

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









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

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

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









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

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

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

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

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









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

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

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

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

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

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









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

Deliuerance , See Repligiare. 

Demaund, (Demanda vel De­
mandum) commeth of the french
(Demande. 1. postulatio, postulatus)
and signifieth a calling vpon a
man for any thing due. It hath
likewise a proper signification
with the common lawyers op­
posite to plaint. For the pursiute
of all ciuill actions are either de­
maunds or plaints: and the per­
syewer is called demaundant or
plaintife: Viz : Demandaundant
in actions reall, and plaintife in
personall. And where the party
persiewing is called demaundant,
there the party persiewed is cal­
led tenent: where plaintife, there
defendant. See terms of law, ver­
bo Demaundant. 

Demy haque , See  Haque , and
Haquebut.

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









hath any demaynes, simply vn­
derstood For when a man in
pleading would signifie his land
to be his owne, he saith, that he
is or was seised thereof in his de­
maine as of fee. Litleton li. 1. cap.
1. Whereby he signifieth, that
though his land be to him and
his heyres for euer, yet it is not
true demaine, but depending vp­
on a superior Lord, and holding
by seruice, or rent in liewe of ser­
uice, or by both seruice and
rent: Yet I find these words vsed
in the kings right, anno 37. H. 8.
cap. 16. and 39. Eliz. cap. 2 2. But
the application of this speech to
the king and crowne land, is
crept in by errour and ignorance
of the word (Fee ,) or at least by
vnderstanding it otherwise then
of the Feudists it is taken. But
Britton. cap. 78. sheweth, that this
word (Demeyne) is diuersly taken:
sometime more largely, as of
lands or tenements held for life,
&c. and sometime more strictly
as for such onely as are generally
held in fee. This word somtime
is vsed for a distinction between
those lands, that the Lord of a
maner hath in his owne hands,
or in the hands of his leasee, di­
mised vpon a rent for tearme of
yeares or life, and such other
land appertaining to the said ma­
ner, which belongeth to free
or copy-houlders. Howbeit, the
copyhold belonging to any ma­
ner, is also in the opinion of many
good lawyers accounted De­
meines. Bracton in his fourth
booke tract. 3. ca. 9. nu. 5. hath
these words : Item dominicum ac­
cipitur multipliciter. Est autem domi­
nicum quod quis habet ad mensam
suam & propriè, sicut sunt Bord­
lands anglie. Item dicitur domini­
cum villenagium, quod traditur vil­
lanis, quod quis tempestiuè & in­
tempestiue resumere possit pro volun­
tate sua, & reuocare. Of this Fleta
likewise thus writeth : Domini­
cum est multiplex. Est autem
Dominicum propriè terra ad men­
sam assignata, & villenagium quod
traditur villanis ad excolendum, &
terra precario dimissa, quæ tempesti­
uè & pro voluntate domini poterit
reuocari: & sicut est de terra com­
missa, tenenda quam diu commissori
placuerit. poterit & dici Domini­
cum, de quo quis habet liberum te­
nementum, & alius vsumfructum:
& etiam vbi quis habet liberum te­
nementum, & alius curam, sicut de
custode dici poterit & curatore; &
vnde vnus dicitur a iure, alius quo­
que ab homine. Dominicum etiam
dicitur ad differentiam eius quod te­
netur in seruitio. Dominicum est
omne illud tenementum, de quo ante­
cessor obist seisitus vt de feudo, nec
refert cum vsufructu vel sine, & de
quo si eiectus esset, si viueret, recu­
perare posset per assissam nomine dis­
seisinæ, licet alius haberet vsum









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

Demayne cart of an Abbot , see­
meth to bee that cart, which the
Abbot vseth vpon his owne De­
maine: Anno. 6. H. 3. cap. 21. not in OED as headword

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









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

Denariata terræ. See  Farding
deale of land.

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

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









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

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

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

Departers of gold and siluer. See
Finours.

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

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









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









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

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

Detinet. See  Debito and De­
bet. See OED "detain," v., 2.

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

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

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









libro primo cap. 7. 

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

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

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

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

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

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









fore the court. Brooke titulo. Con­
tinuance. 

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

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

Dioces (diœcesis) is a Greeke
word compounded of (δα) and
(ὸ??μησις ,) and signifieth with vs,
the circuit of euery Bishops iu­
risdiction. For this realme hath
two sorts of diuisions, one into
Shyres or Counties, in respect of
temporall policie, another into
Diocesses in respect of iurisdiction
ecclesiasticall. 

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

Dimy haque. See Haque.

Disalt , signifieth as much as
to disable. Litleton in his chap­
ter of Discontinance. not in OED as headword

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

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

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









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

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









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

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

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

Disseisin (Disseisina) commeth
of the french (Disseisir) and signi­
fieth in the common lawe, an
vnlawfull dispossessing of a man
of his land, tenement or other im­
moueable or incorporeall right,
Institut. of the  com. lawe. ca. 15.
And how farre this extendeth,
See Bracton, libro quarto, cap. ter­
tio. And therefore the Assises bee
called writs of disseisin, that lie
against disseisours in any case.
whereof some bee termed little
writs of disseisin. being vicontiel ,
that is, siewable before the Shy­
reeue in the countie court, old.
nat. br. fol. 109. because they are
determined by the Shyreeue
without assise. Register Orginal. fo.
198. b. as for Nuissances of no
great preiudice. Disseisin is of
two sorts; either simple disseisin,
committed by day without
force and armes. Bracton. li. 4. ca.
4. Britton. ca. 42. & 4 3. & 44.
where you shall finde in what e­
specially it is lawfull, in what not
Britton. ca. 53. And Disseisin by









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

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

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









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

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

Divise, See Devise.

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

Dyvorce. See. Devorce.

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

Doctor and Student , is a booke
conteining certaine dialogues,
betweene a D. of Diuinitie, and
a Student at the common Law,
wherein are conteined questions
and cases, as well of the equitie
and conscience vsed in the com­
mon Lawe, as also a comparison
of the Civile, Canon, and com­
mon lawe together, very worthy
the reading. The author is said
by D. Cosin in his Apologie, to
bee a gentleman, called Saint
German , The booke was written
in the daies of H. 8. not in OED as headword--book title

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

Dogge drawe , is a manifest de­
prehension of an offender against
venison in the forest. There bee
foure of these noted by M.
Manhood. parte. 2. of his forest
lawes. ca. 18. nu. 9. viz. Stablestand
Dogge drawe, Back beare , and
Bloodie hand. Dogge drawe , is
when one is found drawing after
a deere, by the sent of a hound,
that he leadeth in his hand. not in OED as headword; under stable-stand

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

Doggerfish, ibid. c. 2. seemeth to









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

Dogget, See Docket.

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

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

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

Doomes day, (Rotulus Wintoniæ)
(domus Dei. Coke in Præfatione ad
librum suum) is a booke that was
made in king Ed. the Confessors
dayes, as the author of the old.
nat. br. saith, f. 15. containing in it
not onely all the lands through
England , but also all the names
of those, in whose hands they
were at that time when the book
was made. M. Lamberd in his
explication of Saxon wordes
(verbo, Ius Dacorum, &c.) proueth
out of Gervasius Tilburiensis , that
this booke was made in Wil­
liam the Conquerors time: with
whome agreeth M. Camden in









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

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

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

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

Dotis admonsuratione , See Admen­
surement. See the Register. fol.
171. 

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









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

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

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









quarrell, because it is most commonly
made against both the Iudge, and
him at whose petition iustice is
delayed. not in OED as headword

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









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









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

Dozenne. See Decennier.

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

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

Dreit Dreit , signifieth a double
right, that is ius possessionis, & ius
Domini. Bracton. lib: 4. cap. 27. &
lib. 4. tracta. 4. cap: 4. & lib. 5.
tracta. 3. cap. 5. not in OED as headword

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

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









not, and whose the beastes be.
This drift, when, how often in
the yeare, by whome, and in
what maner it is to be made, see
Manwood parte. 2. of his forest
lawes. cap: 1 5. 

Droit d' Advowzen. See  Recto
de aduocatione Ecclesiæ.

Droit close. See.   Recto clausum.

Droit de dower. See Recto dotis.

Droit sur Disclaimer. See Re­
cto sur disclaimer.

Droit patent. See Recto patens.

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

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

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









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

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









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

Dum non fuit compos mentis , is a
writ that lieth for him, that being
not of sound memory, did alien
any lands or tenements in fee
simple, fee tayle, for terme of
life, or of yeeres, against the ali­
ence. Fitzh. nat. br fol. 2 0 2. 

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

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


E A

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

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









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









ford and Essex. Dyer. fo. 285. nu. 39.
At these daies, as long since, the
kings of England make Earles
by their charters, of this or that
Countie, giuing them no autho­
ritie ouer the Countie, nor any
part of the profit rising of it, but
onely some annuall stipend out
of the Exchequer, rather for ho­
nours sake, then any great com­
moditie. And these bee in other
nations accompted Earles im­
properly. Quia illi dicuntur verè
Comites, quibus datur Comitatus in
feudum: illi Comites abusivè, qui non
habent administrationem. Vincen­
tius de Franchis. descis. 11 5. nu. 7.
The maner of creating Earles is
by girding them with a sword.
Camden. pag. 107. but see the so­
lemnitie thereof described more
at large in Stowes annals pa. 1121
The occasion why these Earles
in later time haue had no swaye
ouer the Countie, whereof they
beare their name, is not obscure­
ly signified in Sir Thomas Smith.
lib. 2. cap. 14. where he saith, that
the Shyreeue is called Vicecomes ,
as (Vicarius Comitis) following
all maters of iustice, as the Earle
should do: and that because the
Earle is most commonly atten­
dant vpon the king, in his warres
or otherwise. So that it seemeth
that Earles by reason of their
high employments, being not
able to follow also the businesse
of the countie, were deliuered
of all that burthen, and onely
enioyed the honour, as now
they doe. And the Shyreeue,
though he be still called Vice-co­
mes , yet all he doth, is immediat­
ly vnder the king, and not vnder
the Earle. See Countie , & see Ho­
toman. de verb. feudal. verbo Comes:
and Cassan. de consuetud. Burg. p 12. 

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

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

Egyptians (Egyptiani) are in
our statutes and lawes of En­
gland , a counterfeit kinde of
roagues, that being English or
Welch people, accompany them­
selues together, disguising them­
selues in straunge roabes, black­
ing their faces and bodies, and
framing to themselues an vn­
knowne language, wander vp
and downe, and vnder pretence
of telling of Fortunes, curing dis­
eases, and such like, abuse the
ignorant common people, by
stealing all that is not too hote
or too heauie for their caria­
age. anno 1. & 2. Phi. & M. cap.
4. anno 5. Eliz. cap. 20. These are
very like to those, whom the Ita­









lians call Cingari : of whom Fran­
ciscus Leo in suo thesauro fori ec­
clesiastici parte prim. cap. 13. thus
writeth: Cingari, qui corrupto vo­
cabulo, quandoque etiam Saraceni
nominantur, & permissione principum
ac aliorum dominorum, per Italiam
vagantur, nec vnquam viderunt
partes infidelium, minusque legem
Mahometi noverunt: sed sunt ferè
omnes Itali, & male habituati, ex
rebus furtivis vivunt, ac fraudu­
lentis earum permutationibus & lu­
dis, in quibus vt plurimum fraudes
committunt, & sunt baptizati. 

Eiectione custodiæ, Eiectment de
gard , is a writ which lyeth pro­
perly against him, that casteth
out the Gardian from any land,
during the minority of the heire.
Register origin. fol. 162. Fitz. nat.
br. fol. 139. Tearmes of the law.
verbo. Gard. There be two other
writs not vnlike this: the one is
tearmed Droit de gard , or right
of guard, the other Rauishment de
Gard. Which see in their pla­
ces. 

Eiectione firmæ , is a writ, which
lyeth for the Leassee for terme of
yeares, that is cast out before the
expiration of his tearme, either
by the leassour, or a straunger.
Register fol. 227. Fitz. nat. br. fo.
220. See Quare eiecit infra termi­
num. See the new booke of En­
tries. verbo Eiectione firmæ. 

Einecia , is borowed of the
French (Aisne. i. primogenitus) and
signifieth in our common lawe,
Eldership. Statute of Ireland. anno
14. Hen. 3. Of this see M. Skene
de verb. signif. verbo. Eneya. not in OED as headword

Eyre, aliâs, Eyer, (Iter. Bracton
lib. 3. cap. 11. in Rubrica) com­
meth of the old French word
(Erre. i. iter) as (à grand erre. i.
magnis itineribus.) It signifieth in
Britton cap. 2. the court of Iusti­
ces itinerants: and Iustices in Eyre ,
are those onely, which Bracton
in many places calleth (Iusticia­
rios itinerantes) of the Eyre , reade
Britton vbi supra , who expresseth
the whole course of it. And Bra­
cton. lib. 3. tractat. 2. cap. 1. & 2.
The Eyre also of the Forest is no­
thing, but the Iustice seate other­
wise called: which is or should
by auncient custome, be held e­
uery three yeare by the Iustices
of the forest, iourneying vp and
downe to that purpose. Cromp­
tons Iurisd. fol. 156. Manwood par­
te prima of his Forest lawes. pag.
121. See Iustice in Eyre. Reade
S kene de verborum significa. verbo.
Iter : whereby, as by many other
places, you may see great affini­
tie betweene these 2. Kingdomes
in the administration of Iustice
and gouernment. 

Election de Clerke (Electione cle­
rici) is a writ, that lyeth for the
choyce of a clerke, assigned to
take and make bonds called sta­
tute Merchant : and is graunted
out of the Chauncerie vpon sug­









gestion made, that the Clerke
formerly assigned, is gone to
dwell in another place, or hath
hinderance to let him from fol­
lowing that businesse, or hath
not land sufficient to answer his
transgression, if he should deale
amisse, &c. Fitzh. nat. br. fol.
164. 

Elegit , is a writ Iudiciall, and
lyeth for him, that hath recoue­
red debt or dammages in the
kings court, against one not a­
ble in his goods to satisfie: and
directed to the Shyreeue , com­
maunding him that he make de­
liuery of halfe the parties lands
or tenements, and all his goods,
oxen and beasts for the plough
excepted. Old nat. br. fol. 152.
Register originall fol. 299. & 301.
and the Table of the Register Iu­
diciall, which expresseth diuers
vses of this writ. The author of
the new terms of law saith, that
this writ should be siewed with­
in the yeare, whom read at large
for the vse of the same. 

Elk , a kinde of ewe to make
bowes of. anno 33. H 8. cap. 9. 

Empanel (Impanellare, Ponere
in assisis & Iuratis) commeth of
the french (Panne. 1. pellis) or of
(Panneau) which signifieth some
time as much as a pane with vs,
as a pane of glasse, or of a win­
dowe. It signifieth the wrighting
or entring the names of a Iury
into a parchment schedule or
Rolle or paper, by the Shyreeue,
which he hath sommoned to ap­
peare for the perfourmance of
such publique seruice, as Iuries
are imployed in. See Panell. 

Emparlance , commeth of the
french (Parler) and signifieth in
our common lawe, a desire or
petition in court of a day to
pause, what is best to doe. The
ciuilians call it (petitionem induci­
arum) Kitchin fol. 200. interpreteth
it in these words: If he imparle
or pray continuance. For praying
continuance is spoken interpre­
tatiuè in that place, as I take it.
The same author maketh menti­
on of Emparlance generall. fol.
201. and Emparlance speciall
fol. 200. Emparlance generall see­
meth to be that which is made
onely in one word, and in gene­
rall terms. Emparlance speciall,
where the party requireth a day
to deliberate, adding also these
words: saluis omnibus aduantagiis
tam ad iurisdictionèm Curiæ quàm
ad breue & narrationem , or such
like: Britton vseth it for the con­
ference of a Iury vpon the cause
committed vnto them. ca. 53.
See Imparlance.

Emprouement , See Improuement.

Encheson. A. 50. Ed. 3. ca. 3.
 is a french word, signifiing as
much as occasion, cause, or rea­
son wherefore any thing is done,
See Skene de verbo. significa: verbo
Encheson. 









Encrochement or Accrochement , 
commeth of the french (Accro­
cher. 1. apprehendere, inuncare,
harpagare) and that commeth of
(Crochure. 1. aduncitas) or (crochu.
1. aduneus) Encrochement , in our
common law, signifieth an vn.
lawfull gathering in vpon ano­
ther man. For Example, if two
mens grounds lying togither, the
one presseth too farre vpon the
other: or if a tenent owe two
shillings rent seruice to the
Lord, & the Lord taketh three:
So Hugh and Hugh Spencer en­
croched vnto them royall power
and authoritie, anno prim. Ed. 3.
in proœm. 

Enditement (Indictamentum)
 commeth of the French (Endi­
ter. i. deferre nomen alicuius, indi­
care) or from the Greekeενδεικ­
νυμι , because M. Lamberd will
haue it so. Eirenar. lib. 4. cap. 5.
pag. 468. It signifieth in our
common lawe, as much as (Ac­
cusatio) in the ciuile lawe,
though it haue not in all points
the like effect. West parte 2. symb.
titulo , Inditements) defineth it
thus: An Inditement is a Bill or
declaration made in forme of
lawe, (for the benefite of the
common wealth) of an accusa­
tion for some offence, either cri­
minall or penall, exhibited vnto
Iurours, and by their verdict
found and presented to be true,
before an Officer hauing power
to punish the same offence. It is
an accusation, because the Iury
that inquireth of the offence,
doth not receiue it vntill the par­
ty that offereth the Bill, appeare
so farre in it, as to subscribe his
name, and offer his oth for the
truth thereof. It differeth from
an Accusation in this, that the
preferrer of the Bill is no way
tyed to the proofe thereof vpon
any penalty, if it be not proued,
except there appeare conspira­
cy. Wherefore, though moued by
M. Wests authority, I call it an
Accusation: yet I take it to be ra­
ther (Denuntiatio) because it is of
office done by the great enquest,
rather then of a free intent to ac­
cuse. Of this you may reade. S.
Tho. Smith de Repub. Anglor. lib.
2. cap. 19. and Stawnf. pl. cor. lib.
2. cap. 23. 24. 25. 26. &c. Vsque
34. and M. Lamberds Eirenar­
cha. li. 4. ca. 5. whence you may
receiue good satisfaction in this
mater. 

Endowment (Dotatio) com­
meth of the french (Doüare) and
signifieth the bestowing or as­
suring of a Dower. See Dower.
But it is sometime vsed meta­
phorically, for the setting forth
or seuering of a sufficient porti­
on, for a vickar toward his per­
petuall maintenance, when the
benefice is appropriated. See
Appropriation. And the statute
A. 15. R. 2. cap. 6. 









Endowment de la plus Belle part.
 is where a man dying seised of
some lands, houlding in knights
seruice, and other some in so­
cage, the widow is sped of her
dower, rather in the lands houl­
ding in socage, then knights ser­
uice. Of this reade Litleton more
at large. li. 1. ca. 5. 

Enfranchisement , commeth of the
french (Franchise. 1. libertas) and
is in a maner a french word of it
selfe: It signifieth in our com­
mon law, the incorporating of
a man into any societie, or body
politicke. For example, he that
by charter is made Denizen of
England , is said to be enfranchi­
sed; and so is he that is made a
citizen of London, or other city,
or Burges of any towne corpo­
rate, because he is made parta­
ker of those liberties that ap­
pertaine to the corporation,
whereinto he is enfranchised. So
a villaine is enfranchised, when
he is made free by his Lord, and
made capable of the benefites
belonging to freemen. 

Englecerie (engleceria) is an
old abstract word, signifying no­
thing else but to be an English
man. For example, if a man bee
priuily slaine or murthered, he
was in old time accompted
(Francigena) which word com­
prehendeth euery alien, vntil En­
glecerie was proued: that is, vn­
till it were made manifest, that
he was an English man. A man
may maruell, what meaning
there might be in this: but Bra­
cton cleareth the doubt, who in
his third booke tract. 2. cap. 15.
num. 3. telleth vs, that when Ca­
nutus the Danish king, hauing
setled his estate here in peace,
did at the request of our Barons,
disburden the land of his armie,
wherein he accompted his grea­
test safetie: and conditioned
with them, that his countrimen
which remained here, should
continue in peace: and the more
to secure that, that for euery
Francigena (vnder which word
(as is aboue said) he comprehen­
ded all outlandish men and wo­
men, and especially Danes) that
was secretly murthered, there
should be leauied to his Treasu­
rie 66. merkes out of the vil­
lage, where the murder was com­
mitted, or out of the hundred, if
the village were not able to pay
it: and further, that euery man
murdered should be accompted
Francigena , except Englecery were
proued: which how it was to be
proued, looke the 7. number in
the same chapter. And see also
Horns myrror of Iustices. lib. 1.
cap. del office del coroner , and Fleta
lib. 1. cap. 30. This Englecerie for
the abuses and troubles that af­
terwarde were perceiued to
grow by it, was cleane taken
away, by a statute made anno









14. Ed. 3. capite quarto. 

Enheritance. See Inheritance.

Enquest (Inquisitio) is all one
in writing with the french word,
and all one in signification both
with the French and Latine.
Howbeit, it is especially taken
for that Inquisition, that neither
the Romanes, nor French men e­
uer had vse of, that I can learne.
And that is the Enquest of Iurors,
or by Iurie, which is the most v­
suall triall of all causes both ci­
uile and criminall in our realme.
For in causes ciuill after proofe
is made of either side, so much
as each partie thinketh good for
himselfe, if the doubt be in the
fact, it is referred to the discre­
tion of twelue indifferent men,
empaneled by the Shyreeue for
the purpose: and as they bring
in their verdict, so iudgement
passeth. For the Iudge saith, the
Iurie findeth the fact thus: then is
the law thus: and so we iudge.
For the enquest in causes crimi­
nall, see Iurie. and see Sir Thomas
Smith de Repub. Anglor. lib. 2. cap.
19. An enquest is either of office,
or at the mise of the partie.
Stawnf. pl. cor. lib. 3. cap. 12. 

Entendment , commeth of the
French (entendement. i. intellectus,
ingenium.) It signifieth in our
common lawe so much, as the
true meaning or signification of
a word or sentence: See of this
Kitchin, fol. 2 24. 

Entayle (feudum talliatum)
 commeth of the French (en­
taille. i. inscisus) and in our com­
mon lawe, is a substantiue ab­
stract, signifying Fee-tayle, or
Fee-intayled. Litleton in the se­
cond chapter of his book, draw­
eth Fee-tayle from the verbe
Talliare , (which whence it com­
meth, or whether it will I know
not) whereas in truth it must
come from the French (taille. i.
sectura ,) or (tailler. i. scindere, se­
care) And the reason is mani­
fest, because fee-tayle in the law,
is nothing but fee abridged,
scanted or curtelled, (as you
would say,) or limited and tyed
to certaine conditions. Taille in
Fraunce is metaphorically taken
for a tribute or subsidie. v. Lu­
panum de Magistratibus Francorum.
lib. 3. cap. Talea. See Fee. See
Tayle. 

Enterpleder (Interplacitare) is
compounded of two french
words: (entre. i. inter) and (ple­
der. i. disputare) and it signifieth
in our common law, as much as
cognitio præiudicialis in the ciuile
law: that is, the discussing of a
point incidently falling out, be­
fore the principall cause can take
end. For example, two seuerall
persons being found heires to
land by two seuerall offices in
one countie, the king is brought
in doubt to whether liuery ought
to be made: and therefore be­









fore liuery be made to either,
they must enterpleade, that is,
formerly try betweene them
selues, who is the right heire.
Stawnf. præroga. chap. 19. See
more examples in Brooke. titulo
Enterpleder. 

Entiere tenancie , is contrary to
seuerall Tenency, signifiing a
sole possession in one man:
wheras the other signifieth ioynt
or common in more. See Brooke
seuerall tenancy. See the new
booke of Entries, verbo Entier
tenancy. 

Entry (Ingressus) commeth of
the french (Entree. i. introitus in­
gressus, aditus) and property sig­
nifieth in our common lawe, the
taking possession of lands or te­
nements. See Plowden. Assise of
fresh force in London. fo. 93. b.
It is also vsed for a writ of posses­
sion, for the which See Ingressu.
And read West also, parte. 2. Sym­
bol. titulo Recoueries. sect: 2. &. 3.
Who there sheweth for what
things it lyeth, and for what it
lyeth not. Of this Britton in his
114. chapter writeth to this
effect. The writs of entrie sauour
much of the right of propertie.
As for example: some be to reco­
uer customes and seruices: in the
which are contained these twoe
words (solet & debet) as the writs
Quo iure, Rationabilibus diuisis, ra­
tionabili estoverio , with such like.
And in this plee of entrie there
be three degrees: The first is,
where a man demandeth landes
or tenements of his owne seisin,
after the terme is expired. The
second is, where one demaun­
deth lands or tenements let by
another after the terme expired.
The third, where one demaun­
deth lands or tenements of that
tenent, that had entry by one, to
whom some auncestor of the
plaintife did let it for a term now
expired. According to which
degrees the writs for more fit re­
medie are varied. And there is
yet a fourth forme, which is
without the degrees, and in
case of a more remote seisin,
whereunto the other three de­
grees do not extend. The writ in
the second degree is called a
writ of entrie in le per : and a writ
in the third degree is called a
writ of entrie in le per & cui : and
the fourth forme without these
degrees, is called a writ of entry
in le post , that is to say, after
the disseisin which such a one
made to such a one. And if
any writ of entry be con­
ceiued out of the right case, so
that one forme be brought for
another, it is abatable. The form
of the first degree is such. Præci­
pe Willielmo quod reddat Petro ma­
nerium de B. cum pertinentiis quod
ille dimisit pro termino, qui est elap­
sus. The second is such : Præcipe
Petro quod reddat Willielmo mane­









rium &c. in quod ille non habuit in­
gressum nisi per patrem aut matrem,
avunculum, vel amitam, vel cogna­
tum, avum vel proavum dicti Pe­
tri, qui dictum manerium dimisit pro
termino qui est elapsus. The third
forme is such : Præcipe Iohanni
quod reddat Petro manerium de S.
in quod ille non habuit ingressum ni­
si per T. cui talis pater vel mater,
vel alius antecessor aut cognatus i­
dem dimisit, cuius hæres est ipse Pe­
trus, pro termino, qui est elapsus.
And the forme without the de­
grees is such: In quod non habuit
ingressum, nisi post lessam, quam
talis pater aut mater (sic vt supra)
cuius hæres ille est, inde fecit pro
termine, qui est elapsus. And in
those foure degrees be compre­
hended all maner writs of entry,
which be without certaintie and
number. Thus farre Britton: by
whome you may perceiue, that
those words (solet & debet) and
also those other words (in le per)
(in le per & cui) and (in le post)
which we meete with many
times in bookes shortly and ob­
scurely mentioned, do signifie
nothing else, but diuers formes
of this writ, applyed to the case,
whereupon it is brought, and
each forme taking his name from
the said words contained in the
writ. And of this reade Fitz. in
his nat. br. fol. 193. & 194.
This writ of entry differeth from
an assise, because it lyeth for the
most part, against him, who en­
tred lawfully, but houldeth a­
gainst lawe: whereas an assise ly­
eth against him that vnlawfully
disseised: yet sometime a writ of
entrie lyeth vpon an intrusion.
Regist. orig. fol. 233. b. See the
new booke of Entries, verbo. En­
tre Brevis. fol. 254. colum. 3. I
reade of a writ of entry in the
nature of an assise. Of this writ
in all his degrees, reade Fleta lib.
5. cap. 34. & seqq. 5. 

Entrusion (Intrusio) in our com­
mon lawe, signifieth a violent or
vnlawfull entrance into lands or
tenements, being vtterly voide of
a possessour, by him that hath no
right nor sparke of right vnto
them. Bracton lib. 4. cap. 2. For
example, if a man stoppe in vpon
any lands, the owner whereof
lately died, and the right heire,
neither by himselfe nor others,
as yet hath taken possession of
them. What the difference is be­
tweene Abator and Intrudor ,
I do not well perceiue, except an
Abatour be he that steppeth into
land voide by the death of a te­
nent in fee, and an Entrudour
that doth the like into lands, &c.
voide by the death of the tenent
for termes of life or yeares. See
Fitz. nat. br. fol. 203. F. The au­
thour of the new Termes of law
would haue abatement latined,
(Interpositionem, aut Introitionem
per interpositionem) and to be re­









strained to him that entreth be­
fore the heyre after the decease
of a tenent for life, though the
new booke of Entries fol. 63. C.
& 205. D. & 519. C. by his
confession doth Latine (Abate­
ment) by this word (Intrusionem.)
See Abatement. See Disseisin. See
Britton, cap. 65. Entrusion is also
taken for the writ brought a­
gainst an Intrudour, which see in
Fitzh. nat. br. fol. 203. 

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

Envre , signifieth to take place
or effect, to be avaylable, Exam­
ple: A Release shall envure by
way of extinguishment. Litleton.
cap: Release : And a release made
to a tenent for terme of life, shall
inure to him in the Reuersion. 

Erius, alius Iris , is the flower
de-luce. whose diuers kindes you
haue expressed in Gerards herball.
lib. 1. ca. 34. The roote of this
is mentioned among merchan­
dize or drugs to be garbled. anno.
1. laco. ca. 19. 

Ermins , seemeth to come of
the french (Ermine. i. mus arane­
us) it signifieth a furre of great
price. 

Erminstreate. See  Watlingstreate.
Cited by OED in "right," a, I.1.b, quotation dating 1725

Errant (Itinerans) commeth
of the french Errer) i. errare)
or the ould word (Erre. i. iter) It
is attributed to Iustices of cir­
cuit. pl. cor: f: 15. and Baylifes at
large. See Iustices in Eyre. and
Baylife. See also Eyre.

Errour (Error) commeth of
the french (Erreur) and signifi­
eth more specially in our com­
mon law, an errour in pleading
or in the proces. Brooke, titulo Er­
rour. And thereuppon the writ,
which is brought for remedy of
this ouersight, is called a writ of
error, in Latine, De errore corrigen­
do : thus defined by Fitz. in his
nat. br. fol. 20. A writ of errour
is that properly, which lyeth to
redresse false iudgement giuen in
any court of record, as in the
common bench, London , or o­
ther citie, hauing power (by the
kings charter or prescription)
to hold plee of debt. See the new
booke of Entries. verbo. Error.
or trespasse aboue the summe of
twenty shillings. This is borow­
ed from the French practise,
which they call (proposition d'er­
reur.) Wherof you may reade in
Gregorius De appellation. pag. 36.
In what diuersitie of cases this
writ lyeth, see the Register origi­
nall in the Table, verb. Errore
corrigendo , and Register iudiciall.
fol. 34. There is likewise a writ
of errour to reuerse a fine. West
parte 2. sect. symbol. titulo. Fines
151. 









Errore corrigendo. See Errour.

Escambio , is a licence graunted
to one, for the making over of
a Bill of Exchange to a man o­
uer Sea. Register. original. fol.
194. a. not in OED as headword; latin or italian

Escape (Escapium) commeth of
the French (Eschapper. i. aufugere
effugere) : and signifieth in the
lawe, a violent or priuie evasion
out of some lawfull restraint. For
example, if the Shyreeue vpon
a Capias directed vnto him, take
one, and indeavour to carie him
to the Gaol, and he in the way,
either by violence or by slight,
breake from him: this is called an
Escape. pl. cor. fol. 70. Many exam­
ples might bee brought out of
him and others, but the thing is
plaine : Stawnford lib. 1. ca. 26. pl.
cor nameth two kindes of Es­
capes, voluntarie & negligent:
Voluntarie is, when one a­
resteth another for felonie or
some other crime, and after­
wards letteth him goe whither
he listeth. In which escape the
partie that permitteth it, is by
lawe guiltie of the fault commit­
ted by him that escapeth, be it
felonie, treason, or trespas: Neg­
ligent escape is, when one is ar­
rested, and afterward escapeth
against his wil that arrested him,
and is not pursued by fresh
suite, and taken againe, before
the partie pursuing hath lost the
sight of him : Idem, cap. 27. but
there read more of this mater.
for there be doubts worth the
consideration. And of the course
of punishment by the ciuill lawe
in this point, reade in practica cri­
minali Claudii de Battandier. reg.
143. reade also Cromptons Iustice.
fol. 35. b. & fol. 36. & 37. and
read the newe Termes of lawe.
There is an escape of beasts like­
wise: and therefore he that by
charter, is quietus de escapio in the
forest, is deliuered of that pu­
nishment, which by order of the
forest, lieth vpon those whose
beasts be found within the land
forbidden: Cromptons Iurisdict. fo.
196. 

Eschequer (Scaccarium) com­
meth of the French (Eschequier.
1. abacus, tabula lusoria) and signi­
fieth the place or court of all re­
ceipts belonging to the crowne,
and is so termed, as I take it, by
reason that in auncient times,
the accomptants in that
office vsed such tables as
Arithmeticians vse for their cal­
culations, for that is one signifi­
cation of (Abacus) amongst o­
thers. Polidor. Virgil. lib. 9. histo.
Anglo. saith that the true word
in latine is Statarium , and by a­
buse called Scaccarium. In mine
opinion, it may well seeme to
be taken from the German
word (schatz) signifiing as much
as (thesaurus) or (fiscus) And
from this fountaine (no doubt)









springeth the Italian word (Zec­
cha) signifiing a mynt: and Zec­
cherii aliàs Zecchieri) the officers
thereunto belonging, Descis. Ge­
nuen 134. M. Cam. in his Britan. p.
113. saith that this court or of­
fice tooke the name à tabula ad
quam assidebant , proouing it
out of Geruasius Tilburiensis ,
whose words you may read in
him. This court is taken from
the Normans , as appeareth by
the grand Custumarie. cap. 56.
where you may finde the Esche­
quier thus described. The Eschi­
quier is called an assemblie of
high Iusticiers , to whome it ap­
pertaineth to amend that which
the Baliffes and other meaner
Iusticiers haue euill done, and
vnaduisedly iudged: and to doe
right to all men without delaie,
as from the princes mouth:
Skene de verbo. significatione: verbo
(Scaccarium) hath, out of Paulus
Æmiliu s these words: Scaccari­
um dicitur quasi Statarium, quòd
homines ibi in iure sistantur, vel
quòd sit stataria & perennis Curia,
cum ceteræ curiæ essent indictivæ,
nec loco nec tempore statæ : where
he saith also of himselfe, that in
S cotland the Eschequer was stable,
but the other session was deam­
bulatorie, before Iames the 5. qui
instituit Statariam curiam, cum
antea esset indictiva : he addeth
farder: Others thinke that Scac­
carium is so called a similitudine
ludi Scaccorum , that is the play of
the chests: because many persons
meete in the Chequer, pleading
their causes one against the o­
ther, as if they were fighting in
an arraied battaile: Others think
that it commeth from an old
Saxon word (Scata) as writeth
S. Thomas Smith , which signifieth
treasure, taxation, or imposts,
whereof accompt is made in the
Chequer: This court consisteth,
as it were, of 2. parts: whereof
one is conuersant especially in
the iudiciall hearing and deci­
ding of all causes appertaining
to the princes cofers, auncient­
ly called Scaccarium computorum ,
as Ockam testifieth in his lucubra­
tions : the other is called the re­
ceipt of the Eschequer , which is
properly imploied in the recei­
uing and paiment of money.
Crompton in his Iurisdictions, fo.
105. defineth it to be a court of
record, wherein al causes touch­
ing the reuenewes of the crown
are handled. The officers belon­
ging to both these, you may
find named in M. Camdens Bri­
tannia, ca. Tribunalia Angliæ , to
whome I referre you. The kings
exchequer which now is setled
in Westminster , was in diuers
countries of Wales, anno 27. H. 8.
ca. 5. but especially ca. 26. 

Escheate (Eschaeta) commeth of
the French (escheoir , i. cadere, acci­









dere, excidere , and signifieth in our
common lawe, any lands or o­
ther profits, that fall to a Lord
within his maner by way of for­
feiture, or the death of his tenent,
dying without heire general
or especiall, or leauing his
heire within age or vnmari­
ed, Magna chart. ca. 31. Fitzh.
nat. br fol. 143. T. &c. Escheate is
also vsed some time for the
place or circuit within the which
the king or other Lord hath es­
cheates of his tenents. Bracton li.
3. tract. 2. cap. 2. & pupilla oculi par­
te 5. ca. 22. Escheate thirdly, is v­
sed for a writ, which lieth, where
the tenent hauing estate of fee
simple in any lands or tenements
holden of a superiour lord, dieth
seised without heire generall or
especiall. For in this case the
Lord bringeth this writ against
him that possesseth these lands
after the death of his tenent, and
shall thereby recouer the same
in liew of his seruices. Fitzh. nat.
br. fol. 144. These that we call
Escheats are in the kingdome of
Naples called Excadentia or bo­
na excadentialia : as: Baro locat ex­
cadentias eo modo quo locatæ fuerunt
ab antiquo: ita quod in nullo debita
servitia minuantur, & non remittit
gallinam debitam: Iacobutius de
Franchis in præludiis ad feudorum
vsum, tit. 1. nu. 29. & nu. 23. v. Ma­
rantæ singularia, verbo Excadentia.
And in the same signification,
as we say the fee is escheated,
the Feudists vse (feudum aperi­
tur. li. 1. feud. titulo. 18. §. 2. ti. 15.
& ti. 26. §. 4. 

Escheatour (Escaetor) commeth
of (Escheate) and signifieth an
officer that obserueth the Esche­
ates of the king in the countie,
whereof he is Escheatour , and
certifieth them into the Esche­
quer : This officer is appointed by
the L. treasurer , and by leters
patents from him, and continu­
eth in his office but one yeare,
neither can any be Escheatour a­
boue once in 3. yeares. anno. 1. H.
8. cap. 8. & anno 3. eiusd. ca. 2. See
more of this officer and his au­
thoritie in Cromptons Iustice of
peace. See an. 29. Ed. 1. The forme
of the Escheatours oath, see in
the Register original. fol. 301. b.
Fitzh. calleth him an officer of
record. nat. br. fol. 100. C. because
that which he certifieth by ver­
tue of his office, hath the credit
of a record. Officium escaetria , is
the escheatourship. Register. o­
rig. fo. 259. b. 

Escuage (Scutagium) commeth
of the French (Escu. i. clypeus) a
bucler or sheild. In our common
lawe, it signifieth a kinde of
knights seruice, called seruice of
the shield, whereby the tenent
holding is bound to follow his
Lord into the Scottish or Welsh
warres, at his owne charge: for









the which see Chyvalrie. But
note that Escuage is either vn­
certaine or certaine. Escuage vn­
certaine, is properly Escuage , and
knights seruice, being subiect to
homage fealtie, ward and mari­
age, so called, because it is vncer­
taine how often a man shalbe
called to followe his lord into
those wars, and againe what his
charge wilbe in each iourney.
Escuage certaine, is that which
yearely payeth a certaine rent in
lieu of all seruices, being no fur­
ther bound then to pay his rent,
called a knights fee, or halfe a
knights fee, or the fourth part
of a knights fee, according to his
land & this leeseth the nature of
knights seruice, though it hold
the name of Escuage , being in
in effect, Soccage. Fitzh. nat. br.
fol. 84. C. 

Esnecy (AEsnecia) is a prero­
gatiue giuen to the oldest copar­
cener, to choose first after the
inheritance is diuided. Fleta. li. 5.
ca. 10. §. in diuisionem. 

Esplees (Expletia) seeme to be
the full profits that the ground or
land yeldeth, as the hay of the
medowes, the feede of the pa­
sture, the corne of the earable,
the rents, seruices, and such like
issues: Ingham. It seemeth to pro­
ceede from the latine (expleo)
The profits comprised vnder this
word, the Romans call properly
accessiones. Nam accessionum nomi­
ne intelliguntur ea generaliter omnia,
quæ ex re, de qua agitur, orta
sunt, veluti fructus, partus, & om­
nis causa rei, & quæcunque ex re
procedunt. l. 2. π. De in diem ad­
iectio. li. 50. π. Ad Trebel. l. 61.
§. hiis etiam. π. de furt. See the
new Terms of law. 

Esquier (Armiger) is in leters
little altered from the french
(Escuier. i. scutiger) It signifieth
with vs a gentleman, or one that
beareth armes, as a testimony of
his nobilitie or gentrie. S. Tho­
mas Smith is of opinion, that at
the first, these were bearers of
armes to Lords and Knights, and
by that had their name and dig­
nity. Indeede the french word is
sometime translated (Agaso)
that is, a boy to attend or keepe
a horse, and in ould English wri­
ters, it is vsed for a lackey or one
that carieth the shield or speare
of a knight. Mast. Camden in his
Britannia pag : 111. hath these
words of them: hauing spoken
of Knights: Hiis proximi fuere Ar­
migeri, qui & scutiseri, hominesque
ad arma dicti, qui vel a clypeis gen­
tilitiis, quæ in nobilitatis insignia
gestant: vel quia principibus & ma­
ioribus illis nobilibus ab armis e­
rant, nomen traxerunt. Olim enim
ex hiis duo vnicuique militi seruie­
bant, galeam clypeumque gestabant.
&c. Hotoman in the sixth chapter
of his disputations vpon the feods
saith, that these which the









French men call Escuiers) were
a militarie kinde of vassall haue­
ing ius scuti , which is as much to
say (he there interpreteth him
selfe) as that they bare a shield,
and in it the ensignes of their fa­
mily, in token of their gentility
or dignity. 

Essendi quietum de telonio,  is a
writ that lieth for Citizens or
burgesses of any city or towne,
that haue a charter or prescrip­
tion to exempt them from tolle,
through the whole realme, if it
chaunce they be any where ex­
acted the same. Fitzh. nat. br. fol.
2 26. Register fol. 258. 

Essoine (Essonium) commeth of
the French (Essoniè or exonniè. i.
causarius miles) he that hath his
presence forborne or excused
vpon any iust cause, as sicknesse
or other incumbrance. It signifi­
eth in our common lawe, an
alledgement of an excuse for him
that is summoned, or sought for
to appeare and answer to an a­
ction reall, or to performe suite
to a court baron, vpon iust cause
of absence. It is as much as (ex­
cusatio) with the Ciuilians. The
causes that serue to Essoine any
man summoned, be diuers & in­
finite: yet drawne to fiue heads,
whereof the first is (vltra mare)
the second (de terra sancta) the
third (de malo veniendi) which is
also called the common Essoine
the fourth is (de malo lecti) the
fifth (de seruitio Regis) For further
knowledge of these, I referre
you to Glanvile in his whole
first booke, and Bracton li. 5. tra­
ctat. 2. per totum. and Brittan ca.
122. 123. 124. 125. and to Horns
mirrour of Iustices, li. 1. ca. des Es­
soinis , who maketh mention of
some more Essoines touching the
seruice of the king celestiall,
then the rest doe, and of some
other points not vnworthie to
be knowne. Of these essoines you
may reade farder in Fleta l. 6. c. 8.
& seqq. & that these came to vs from
the Normans , is well shewed by
the Grand Custumarie , where
you may find in a maner all said,
that our lawyers haue of this
mater, cap. 39. 40. 41. 42. 43. 44.
45. 

Essoines and profers, anno 32.
H. 8. cap. 2 1. See Profer. 

Essonio de malo lecti , is a writ
directed to the Shyreeue, for the
sending of 4. lawfull knights to
view one that hath essoined
him selfe de malo lecti. Register. o­
rig. fol. 8. b. 

Establishment of dower , seemeth
to be the assurance of dower,
made to the wife by the hus­
band or his freinds, before or at
mariage. And assignement is the
setting it out by the heire after­
ward, according to the Esta­
blishment. Britton. cap. 102. &
103. not in OED as headword but dower and dowry are

Estandard or Standard , com­









meth of the French (Estandart) or
Estendart. i. signum, vexillum. It
signifieth an Ensigne in warre, as
well with vs as with them.
But it is also vsed for the
principall or standing measure
of the King, to the scant­
ling whereof, all the measures
through the land, are or ought to
be framed by the Clerk of the
market, Aulneger , or other officer
according to their functions,
For it was established by the
statute of Magna charta. anno 6.
H. 3. ca. 9. that there should
be but one scantlin of weights
or measures thorough the
whole realme, which is sithence
confirmed by anno 14. Ed. 3.
ca. 12. and many other sta­
tutes, as also that all should
be fitted to the Standard sea­
led with the kings seale. It
is not called a Standard
without great reason: be­
cause it standeth constant
and immoueable, and hath
all other measures comming
toward it for their confor­
mitie, euen as souldiours in
field haue their Standard or
colours for their direction in
their march or skirmish. Of
these Standards and measures,
reade Britton. cap. 30. 

Estate , commeth of the
French (Estat. i. conditio) and
signifieth especially in our com­
mon lawe, that title or in­
terest, which a man hath in
lands or tenements, as e­
state simple, otherwise cal­
led fee simple, and estate con­
ditionall or vpon condition,
which is (as Litleton saith, li.
3. ca. 5.) either vpon condition
indeede, or vpon condition in
lawe. Estate vpon condition
in deede is, where a man
by deede indented infeoffeth
another in fee, reseruing to
him and to his heires yeare­
lie a certaine rent paiable at
one feast or at diuers, vp­
on condition that if the rent
be behind, &c. that it shall
be lawfull to the feoffour and
to his heires, to enter in the
lands or tenements, &c. E­
state vpon condition in lawe,
is such as hath a considerati­
on in the lawe annexed to it,
though it be not specified in
writing. For example, if a
man graunt to another by his
deed, the office of a Parkership
for terme of his life, this estate is
vpon condition in the lawe,
or imploied by lawe. viz. if
the P arker so long shall wel
and truly keepe the parke,
&c. I reade also of an e­
state particular, which is an
estate for life or for yeares.
Parkins Surrenders. 581. 

Estopel , seemeth to come from
the French (estouper. i. oppilare, ob­
turare, stipare, obstipare) and signi­









fieth in our common lawe, an
impediment or barre of an a­
ction growing from his owne
fact, that hath or otherwise
might haue had his action: for
example: A tenent maketh a
feofment by collusion to one:
the Lord accepteth the seruices
of the feoffee: by this he debar­
reth himselfe of the wardship of
his tenents heire. Fitz. nat. br. fo.
142. K. Diuers other examples
might be shewed out of him and
Brooke h. titulo Sir Edward Cooke.
lib. 2. casu Goddard fol. 4. b. defi­
neth an estopel to be a barre or
hindrance vnto one to pleade
the truth, and restraineth it not
to the impediment giuen to a
man by his owne act onely, but
by anothers also. li. 3. The case
of Fines. fol. 88. a. 

Estovers (Estoverium) com­
meth of the French (estouver. 1.
fovere) and signifieth in our com­
mon lawe, nourishment or
maintenance: for example: Bra­
cton. lib. 3. tractat. 2. cap. 18.
num. 2. vseth it for that suste­
nance, which a man taken for
felonie, is to haue out of his
lands or goods for himselfe and
his family, during his imprison­
ment: and the statute anno 6. Ed.
prim. cap. 3. vseth it for an allow­
ance in meate or cloath. It is also
vsed for certaine allowances of
wood, to be taken out of ano­
ther mans woods. So is it vsed
West. 2. cap. 25. anno 13. Edw. 1.
M. West parte 2. symbol. titulo Fi­
nes. sect. 26. saith, that the name
of Estovers containeth house­
bote, hay-bote, and plow-bote:
as if he haue in his grount these
generall words : De rationabili
estoverio in boscis, &c. he may
there by clayme these three. 

Estrepement , or Estripament,
(estrepementum) commeth of the
French word (estropier. i. mutilare,
obtruncare) the which word the
French men haue also borowed
of the Italians, or rather Spani­
ards, with whome (Estropear) sig­
nifieth to set vpon the racke. It
signifieth in our common lawe,
spoile made by the tenent for
terme of life, vpon any lands or
woods, to the preiudice of him
in the reversion, as namely in the
statute anno 6. Ed. 1. ca. 13. And it
may seeme by the deriuation,
that Estrepament is properly the
vnmeasurable soaking or draw­
ing of the heart of the land by
ploughing or sowing it continu­
ally, without manuring, or
other such vsage as is requi­
site in good husbandrie. And
yet (Estropier signifying mutilare)
it may no lesse conueniently be
applied to those, that cut downe
trees or loppe them farder then
the lawe will beare. This signi­
fieth also a writte, which lieth in
two sorts, the one is, when a
man hauing an action depen­









ding (as a fordom, or dum fuit in­
fra ætatem , or writ of right, or
any such other) wherein the de­
mandant is not to recouer dam­
mages, sieweth to inhibite the
tenent for making waste, during
the suite. The other sort is for
the demaundant, that is adiud­
ged to recouer seisin of the land
in question, and before execution
siewed by the writ Habere fa­
cias seisinam , for feare of waste
to be made before he can get
possession, sieweth out this
writ: See more of this, in Fitzh.
nat. br. fol. 60. & 61. See the Re­
gister orig. fol. 76. and the Re­
gist. iudicial. fol. 33. 

Estreate (extractum vel extra­
cta) commeth of the French
(Traict) which among other
things signifieth a figure or re­
semblance: and is vsed in our
common lawe, for the copie or
true note of an originall writing.
For example, of amerciaments or
penalties set downe in the rolles
of a court, to be leauied by the
Bayliffe or other officer, of euery
man for his offence. See Fitzh.
nat. br. fol. 75. H. I. K. & 76. A.
And so is it vsed Westm. 2. cap. 8.
anno 13. Edw. 1. 

Estrey (extrahura) in our com­
mon law signifieth any beast not
wilde, found within any Lord­
ship, and not owned by any
man. For in this case, if it being
cried, according to lawe, in the
market townes adioyning, shall
not be claimed by the owner
within a yeare and a day, it is
the Lords of the soyle, See Brit­
ton cap. 17. See Estrayes in the
Forest, anno 27. H. 8. cap. 7. New
booke of Entries. verbo. Trespas
concernant estrey. cannot find this spelling in the OED

Evidence, (Evidentia) is vsed
in our lawe generally for any
proofe, be it testimonie of men
or instrument. Sir Thomas Smith
vseth it in both sortes. lib. 2. cap.
17. in these words: Evidence,
in this signification, is authenti­
call writings of contracts after
the maner of England , that is to
say, written, sealed, and deliue­
red. And lib. 2. cap. 23. speaking
of the prisoner that standeth at
the barre, to pleade for his life,
and of those that charge him
with felonie, he saith thus: then
he telleth what he can say: after
him likewise all those, who were
at the apprehension of the priso­
ner, or who can giue any Indi­
ces or tokens, which we call in
our language (Evidence) against
the malefactour. 

Examiner in the Chauncerie
or Starre-chamber, (examinator)
 is an Officer in either Court, that
examineth the parties to any
suite vpon their oathes, or wit­
nesses producted of either side:
whereof there be in the Chaun­
cerie two. 

Exception (exceptio) is a stoppe









or stay to an action, being vsed
in the ciuill and common lawe
both alike, and in both diuided
into dilatorie and peremptorie.
Of these see Bract. lib. 5. tract. 5.
per totum , and Britton cap. 91. 92. 

Exchaunge, (excambium, vel
cambium) hath a peculiar signifi­
cation in our common lawe, and
is vsed for that compensation,
which the warrantor must make
to the warrantee, valewe for va­
lue, if the land warranted be re­
couered from the warrantee.
Bracton lib. 2. cap. 16. & li. 1. cap.
19. It signifieth also generally as
much as (Permutatio) with the
Civilians, as the Kings Ex­
chaunge, anno 1. H. 6. cap. 1. &
4. & anno 9. Ed. 3. stat. 2. cap. 7.
which is nothing else, but the
place appointed by the king for
the exchaunge of bullion, be
it gold or siluer, or plate, &c.
with the Kings coine. These pla­
ces haue bene diuers heretofore
as appeareth by the saide sta­
tutes. But now is there only one,
viz. the tower of London conioy­
ned with the mint. Which in
time past might not be, as ap­
peareth by anno 1. Henrici 6. ca. 4. 

Exchequer , see Eschequer.

Excheatour , see Escheatour.

Excommunication, (excommu­
nicatio) is thus defined by Panor­
mitan : Excommunicatio est nihil
aliud, quàm censura à Canone, vel
Iudice ecclesiastico prolata & infli­
cta, privans legitima communione
sacramentorum, & quandoque ho­
minum. And it is diuided in ma­
iorem & minorem, Minor est, per
quam quis à Sacramentorum parti­
cipatione conscientia vel sententia
arcetur. Maior est, quæ non solùm
à Sacramentorum, verùm etiam fi­
delium communione excludit, &
ab omni actu legitimo separat & di­
vidit. Venatorius de sentent excom. 

Excommunicato capiendo , is a
writ directed to the Shyreeue, for
the apprehension of him that
standeth obstinately excommu­
nicated for fortie dayes: for
such a one not seeking absolu­
tion, hath or may haue his
contempt certified or signified
into the Chauncerie, whence
issueth this writ, for the laying
of him vp without baile or main­
prise, vntill he conforme him­
selfe. See Fitz. nat. br. fol. 62. &
anno 5. Eliz cap. 23. and the Re­
gist. orig. fol. 65. 67 & 7 0. 

Excommunicato deliberando , is a
writ to the vnder shyreeue, for
the deliuery of an excommunicate
person out of prison, vpon certi­
ficate from the Ordinary of his
conformitie to the iurisdiction
ecclesiasticall. See Fitzh. nat. br:
fol. 63. A. and the Register fol.
65. & 67. 

Excommunicato recipiendo , is a
writ where by persons excommu­
nicate, being for their obstinacie
committed to prison, and vn­









lawfully deliuered thence, be­
fore they haue giuen caution to
obey the authority of the church,
are commaunded to be sought
for and laide vp againe. Register
orig. fo. 6 7. a. 

Executione facienda , is a writ
commaunding execution of a
iudgement: the diuers vses wher­
of, see in the table of the register
iudiciall. verbo Executione faci­
enda. 

Executione facienda in Wither­
namium , is a writ that lyeth for
the taking of his catell, that for­
merly hath conueyed out of the
county the catell of another, so
that the bayliffe hauing authori­
ty from the shyreeue, to repleuy
the cattell so conueighed away,
could not execute his charge.
Register originall, fol. 8 2. b. 

Execution (Executio) in the
common law, signifieth the last
performance of an act, as of a
fine, or of a iudgement. And the
execution of a fine, is the obtain­
ing of actuall possession of the
things contained in the same, by
vertue thereof: which is either
by entry into the lands, or by
writ: whereof see West at large,
parte. 2. Symbol. titulo Fines sect :
136. 137. 138. Executing of
iudgements, and statutes, and such
like, see in Fitzh. nat. br. in Indi­
ce. 2. Verbo Execution. S. Ed. Coke.
vol: 6. casu Blumfield. fo. 87. a.
maketh two sorts of executions,
one finall, another with a (quous­
que) tending to an end. An exe­
cution finall is that, which ma­
keth mony of the defendants
goods, or extendeth his lands,
and deliuereth them to the plain­
tife. For this the party accepteth
in satisfaction: and this is the end
of the suite, and all that the kings
writ commaundeth to be done.
The other fort with a (Quousque)
is tending to an end, and not fi­
nall, as in the case of (capias ad
satisfaciendum &c.) this is not fi­
nall: but the body of the party
is to be taken, to the intent and
purpose to satisfie the demaun­
dant: and his imprisonment is
not absolute, but vntill the de­
fendant doe satisfie. Idem. ibidem. 

Executour (Executor) is he,
that is appointed by any man, in
his last will and testament, to
haue the disposing of all his sub­
stance, according to the content
of the said will. This Executor
is either particular or vniuersall.
Particular , as if this or that thing
onely be committed to his
charge. Vniuersall , if all. And
this is in the place of him, whom
the Ciuilians call hæredem , and
the law accounteth one person
with the party, whose executor
he is, as hauing all aduantage of
action against all men, that
he had, so likewise being subiect
to euery mans action, as farre as
himselfe was. This executor had









his beginning in the ciuill lawe,
by the constitutions of the Em­
perours, who first permitted
those, that thought good by
their wils to bestowe any thing
vpon good and godly vses, to
appoint whome they pleased,
to see the same performed, and if
they appointed none, then they
ordained, that the bishop of the
place should haue authoritie of
course, to effect it. l. 28. C. de Epis­
copis & clericis. And from this
in mine opinion, time and ex­
perience hath wrought out the
vse of these vniuersall execu­
tors, as also brought the ad­
ministration of their goods
that die without will, vnto the
Bishop. 

Exemplificatione , is a writ gran­
ted for the exemplification of an
originall, see the Register original.
fol. 290. 

Ex gravi querela , is a writ
that lieth for him, vnto whome
any lands or tenements in fee
within a city, towne or borough,
being devisable, are deuised by
will, and the heire of the deui­
sour entreth into them, and de­
taineth them from him. Register
originall. fol. 244. Old nat. br. fol.
87. See Fitzh. nat. br. fol.
198. L. 

Exigendarie of the common
banke (Exigendarius de banco co­
muni) is otherwise called Exi­
genter. anno 10. H. 6. cap. 4. and
is an officer belonging to that
court, for the which see Exigen­
ter. 

Exigent (Exigenda) is a writ,
that lyeth where the defendant
in an action personall, cannot be
found, nor any thing within the
county, whereby to be attached
or distrained, and is directed to
the Shyreeue, to proclaime and
call fiue county daies one after
another, charging him to ap­
peare vnder the paine of outlaw­
rie. Termes of the law. This writ
lyeth also in an indictment of fe­
lony, where the party indicted
cannot be found : Smith de Rep.
Angl. li. 2. ca. 19. It seemeth to
be called an Exigent : because it
exacteth the party, that is, re­
quireth his expearance or forth­
comming, to answer the lawe,
for if he come not at the last
daies proclamation, he is saide
to be quinquies exactus , and then
is outlawed. Crompton Iurisd. fol.
188. and this M. Manwood also
setteth downe for the law of the
forest. parte. i. of his forest lawes
pag. 71. See the new booke of En­
tries, verbe Exigent. 

Exigenter (Exigendarius) an­
no 18. H. 6. ca. 9. is an officer of
the court of common plees, of
whom there be foure in num­
ber: They make all Exigents and
proclamations in all actions,
where proces of outlawrie doth
lie, and writs of supersedeas , as









well as the protonotaries, vpon
such exigents, as were made in
their offices. 

Ex mero motu , are words for­
mally vsed in any charter of the
Prince, whereby he signifieth,
that he doth that which is contai­
ned in the charter of his owne
will and motion, without peti­
tion or suggestion made by any
other. And the effect of these
words are to barre al exceptions,
that might be taken vnto the in­
strument wherein they be con­
tained, by alledging that the
Prince in passing that charter,
was abused by any false sugge­
stion: Kitchin fol. 151. 

Exoneratione sectæ , is a writ
that lyeth for the kings ward, to
be disburdened of all suite, &c.
to the Countie, Hundred, Leet,
or court Baron, during the time
of his wardship. Fitz. nat. br. fol.
158. 

Ex parte latis , is a writ that
lyeth for a Bayliffe or Receiuer,
that hauing Auditours assigned
to heare his accompt, cannot
obtaine of them reasonable al­
lowance, but is cast into prison
by them. Regist. fol. 137. Fitzh.
nat. br. fol. 129. The maner in
this case is, to take this writ out
of the Chauncerie directed to the
Shyreeue, to take foure mainper­
uours to bring his bodie before
the Barons of the Echequer at a
day certaine, & to warn the Lord
to appeare at that time: Newe
Tearmes of the lawe. verb. Ac­
compt. 

Expectant , is vsed in the com­
mon lawe with this word (fee)
and thus vsed, it is opposite
to Fee-simple. For example,
lands are giuen to a man and his
wife in franke mariage, to haue
and to hold to them and their
heires. In this case they haue Fee
simple. But if it be giuen to them
and the heires of their body,
&c. they haue tayle and fee ex­
pectant. Kitchin fol. 153. Ma­
thæus de afflictis vseth the Adie­
ctiue (expectativa) substantiuely
in the same signification. Descis.
292. num. 2. pag. 412. 

Explees. See Espleese.

Expeditate (expeditare) is a
word vsuall in the Forest, signifi­
ing to cut out the balles of the
great dogges feet, for the pre­
seruation of the Kings game. E­
uery one that keepeth any great
dogges not expeditated, forfei­
teth to the king 3. shillings 4.
pence. Crompt. iurisd. fol. 152.
M. Manwood vseth the same
word, parte prim. of his Forest
lawes, pag. 205. and pag. 2 12. he
setteth downe the manner of ex­
peditating dogges heretofore,
viz. Quòd tres ortelli abscindantur
sine pellota de pede anteriori. i. that
the three clawes of the forefoot
on the right side, shall be cut off
by the skinne, whereunto he also









addeth out of the same ordi­
nance, called the Assise of the
Forest, that the same maner of
expeditating of dogges, shall be
still vsed and kept, and none o­
ther. Quære whence it groweth,
that M. Crompton and hee differ:
the one saying, that the ball of
the foote it cut out, the other
that the three foreclawes are pa­
red off by the skinne. 

Expensis militum levandis , is a
writ directed to the shyreeue, for
levying the allowance for
Knights of the Parlament. Regi­
ster original. fol. 191. b. 

Expensis militum non levandis
ab hominibus de antiquo dominico,
nec à natiuis , is a writ whereby
to prohibite the Shyreeue from
levying any allowance for the
Knights of the Shire, vpon those
that hold in auncient demesn,
&c. Regist. orig. fol. 261. b. 

Extend (extendere) commeth
of the French (estendre. i. dilatare,
dispandere, distendere) and signifi­
eth in our common lawe, to va­
lew the lands or tenements of
one bound by statute, &c. that
hath forfeited his bond, to such
an indifferent rate, as by the
yearely rent the obligour may
in time be paide his debt. The
course and circumstances of this
see in Fitzh. nat. br. fol. 131. Brief
d'execution sur statut Mer­
chant. 

Extendi facias , is a writ ordi­
narily called a writ of extent,
whereby the valew of lands, &c.
is commaunded to be made and
leavied in divers cases, which see
in the table of the Register origi­
nall. 

Extent (extenta) hath two sig­
nifications, sometime signifi­
ing a writ or commission to the
shyreeue for the valuing of lands
or tenements. Register iudiciall
in the Table of the booke: some­
time the act of the Shyreeue or
other Commissioner, vpon this
writ. Brooke titulo. Extent. fol.
313. 

Extinguishment , in our com­
mon law, signifieth an effect of
consolidation. For example, if a
man haue due vnto him a yeare­
ly rent out of any lands, and af­
terward purchase the same lands,
now both the property and rent
are consolidated, or vnited in
one possessour, and therefore the
rent is said to be extinguished.
In like maner it is, where a man
hath a lease for yeares, and af­
terwards buyeth the property:
this is a consolidation of the
property and the fruites, and is
an extinguishment of the lease,
See the terms of lawe. 

Extirpatione , is a writ Iudici­
all, that lyeth against him, who
after a verdict found against him
for land, &c. doth maliciously o­
uerthrow any house vpon it, &c.
and it is two-fold, one ante iudi­









cium , the other post iudicium: Re­
gister iudiciall fol. 13. 56. 58. 

Extortion (Extortio) signifieth
in our common law, an vnlaw­
full or violent wringing of mony
or mony worth from any man.
For example, if any officer by
terrifiing any the kings subiects
in his office, take more then his
ordinary duties, he committeth,
and is inditeable of extortion:
To this (by M. Wests iudgment)
may be referred the exaction of
vnlawfull vsurie, winning by
vnlawfull games, and (in one
word) all taking of more then is
due, by colour or pretence of
right; as excessiue tolle in mil­
ners, excessiue prices of ale,
bread, victuals, wares, &c. West
parte. 2. Simbol. titulo. Indictments
sect: 65. M: Manwood saith, that
extortion is Colore officii , and not
virtute officii. parte. 1. of his sorest
lawes, pag. 216. M. Crompton in
his Iustice of peace fol. 8. hath
these words in effect: wrong
done by any man is properly a
trespas: but excessiue wrong
done by any is called extortion:
and this is most properly in offi­
cers, as Shyreeues, Maiors, Bay­
lifes, Escheatours, and other offi­
cers whatsoeuer, that by colour
of their office worke great op­
pression, and excessiue wrong
vnto the Kings subiects, in
taking excessiue rewarde, or
fees, for the execution of their
office. Great diuersity of cases
touching extortion, you may
see in Cromptons Iustice of peace.
fol. 48. b. & 49. & 50. See the
difference betweene colore offic[y],
& virtute vel ratione offici[y]. Plowd.
casu. Dives. fol. 64. a. This word
is vsed in the same signification
in Italy also. For Cavalcanus de
brachio regio, parte 5. num. 21.
thus describeth it. Extortio dici­
tur fieri, quando Iudex cogit aliquid
sibi dari quod non est debitum, vel
quodest vltrà debitum: vel ante
tempus petit id, quod post admini­
stratam iustitiam debetur. 

Extreats. See Estreats.

Eyre. See Eire.


F

FAculty, (facultas) as it is
restrained from the original
and actiue signification, to a par­
ticular vnderstanding in lawe,
is vsed for a priuiledge, or espe­
ciall power graunted vnto a man
by fauour, indulgence, and
dispensation, to do that which
by the common lawe he cannot
doe: as to eate flesh vpon daies
prohibited, to mary without
bans first asked, to hold two or
more ecclesiasticall liuings, the
sonne to succeede the father in a
benefice, and such like. And
for the graunting of these, there
is an especiall officer vnder the
Archbishop of Canterbury , cal­
led (Magister ad facultates) the
Master of the faculties. 









Fag. anno 4. Ed. 4. cap. 1. 

Faint and false action , seeme to
be Synonima in Litleton. fol. 144.
For (faint) in the French tongue
signifieth as much as (fained) in
English. 

Faint pleader (falsa placitatio)
 commeth of the French (feint)
a participle of the verbe (fein­
dre. i. simulare, fingere) and (ple­
doir. i. placitare.) It signifieth with
vs, a false covenous, or collusory
maner of pleading, to the de­
ceipt of a third partie. anno 34.
& 35. H. 8. cap. 24. not in OED as headword

Faire, aliâs, Feire, (feria) com­
meth of the French (foire) and
signifieth with vs, as much as
(Nundinæ) with the Civilians:
that is a solemne or greater sort
of market, granted to any towne
by priuiledge, for the more
speedie and commodious proui­
sion of such things, as the subiect
needeth, or the vtterance of such
things, as we abound in, aboue
our owne vses and occasions:
both our English and the French
word seeme to come of (Fe­
riæ) because it is alwaies inci­
dent to the priuiledge of a
Faire, that a man may not be
arested or molested in it for any
other debt, then first was contra­
cted in the same, or at least was
promised to be payed there. an.
17. Ed. 4. cap. 2. & anno 1. R. 3.
cap. 6. 

Faire pleading , see  Beau pleader.

Faitours , seemeth to be a French
word antiquated, or something
traduced. For the moderne
French word is (faiseur. i. factor)
It is vsed in the statute anno 7. R.
2. cap. 5. And in the euill part,
signifying a bad doer. Or it
may not improbably be inter­
preted an idle liuer, taken from
(faitardise) which signifieth a
kind of numme or sleepy disease,
proceeding of too much slug­
gishnesse, which the Latines call
(veternus.) For in the said statute
it seemeth to be a Synonymon to
Vagabound. 

Falke land, aliâs, Folke land. See
Copi-hold and Free­
hold. 

False imprisonment, (falsum im­
prisonamentum) is a trespasse com­
mitted against a man, by impri­
soning him without lawefull
cause: it is also vsed for the writ
which is brought vpon this tres­
passe. Fitz nat. br. fol. 86. K. &
88. P. v. Broke h. t. See the new
booke of Entries. verbo. False im­
prisonment. 

Falso iudicio , is a writ, that ly­
eth for false iudgement giuen in
the county, Hundred, Court Ba­
ron, or other courts being no
court of record, be the plea reall
or personall. Register originall fol.
15 : Fitzh. nat. br. fol. 17. See the
new booke of Entries. verbo False
iudgement. 

False prophecies. See Prophecies.

Falso returno breuuim. is a writ









lying against the Shyreeue, for
false returning of writs. Register
iudic. fo. 43. b. 

Falsifie , seemeth to signifie as
much, as to proue a thing to be
false. Perkins Douer. 383. 384.
385. 

Farding , or farthing of golde.
seemeth to be a coine vsed in
auncient times, containing in va­
lew the fourth part of a noble.
viz. twenty pence siluer, and in
weight the sixth part of an ounce
of gould, that is, of fiue shillings
in siluer, which is three pence and
something more. This word is
is found anno 9. H. 5. stat. 2. ca.
7. thus: Item that the king doe
to be ordained good and iust
weight, of the noble, halfe no­
ble, and farthing of gould, with
the rates necessary to the same,
for euery city, &c. by which
place it plainly appeareth, to
haue bene a coine, as well as the
noble and halfe noble. 

Farding deale alias Farundell of
land (Quadrantata terræ) signifieth
the fourth part of an acre. Crompt
Iurisd fol. 220. Quadrantata terræ.
is read in the register orig. fol. 1.
b. where you haue also Denariata
& obolata, solidata, & librata ter­
ræ , which by probabilitie must
rise in proportion of quantitie
from the farding deale, as an
halfepeny, peny, shilling, or
pound rise in valew and estima­
tion: then must obolata be halfe
an acre, denariata the acre, solida­
ta twelue acres, & librata twelue
score acres, and yet I find (vi­
ginti libratas terræ vel reditus. Re­
gist. original. fol. 94. a & fol. 248.
b. Whereby it seemeth, that li­
brata terræ , is so much as yeel­
deth twenty shillings per annum ,
and centum soliditas terrarum tene­
mentorum & redituum. fol. 249. a.
And in Fitz. nat. br. fol. 87. F. I
find these words: viginti libratas
terræ vel reditus , which argueth
it to be so much land as twenty
shillings per annum. See Fur­
long. 

Fate or Fat: is a great woo­
den vessell, which among brew­
ers in London , is ordinarily vsed
at this day, to measure mault
by, containing a quarter, which
they haue for expedition in mea­
suring. This word is read anno 1.
H. 5. cap. 10. & anno 11. H. 6.
cap. 8. 

Fealtie (fidelitas) commeth of
the French (feaulte. i. sides) and
signifieth in our common lawe,
an oath taken at the admittance
of euery tenent, to be true to the
Lord, of whom he holdeth his
land. And he that holdeth land
by this onely oath of fealty, hol­
deth in the freest maner, that any
man in England vnder the king
may hold: be cause all with vs
that haue fee, hold (per fidem &
fiduciam) that is, by fealtie at the
least. Smith de Repub. Anglor. li. 3









cap. 8. for, fidelitas est de substantia
feudis as Dwarenus saith de feud.
cap. 2. num. 4. and Mathæus de
afflictis decis. 320. num. 4. pag.
465. saith, that fidelitas est sub­
stantiale feudi, non servitium. The
particulars of this oath, as it is
vsed among the feudists, you
may reade well expressed by
Zasius in his Tractate de feudis.
part. 7. num. 1 5. & 16. which
is woorth the comparing with
the vsuall oath taken here in our
part of Britannie. This fealtie is
also vsed in other nations, as the
Lombards and Burgundians. Cas­
sanæus de consuet. Burgund. pag.
419. & 420. And indeed the ve­
ry first creation of this tenure, as
it grew from the loue of the
lord toward his followers, so did
it bind the tenent to fidelitie, as
appeareth by the whole course
of the feods. And the breach
thereof is losse of the fee. Duare­
nus in Commentariis feudorum cap.
14. num. 11. & Wesenbecius in
tract. de feudis cap. 15. num. 4 &
seqq. Antonius Contius in methodo
feudorum cap. Quibus modis feu­
dum amittitur. Hotoman in his
Commentaries (De verbis feuda­
libus) sheweth a double fealtie:
one generall, to be performed
by euery subiect to his prince:
the other speciall, required only
of such, as in respect of their
fee are tyed by this oath toward
their landlords: both we may
reade of in the grand Custumary
of Normandy , being of course
performed to the Duke, by all
resident within the Dutchie. The
effect of the words turned into
latine by the Interpreter, is this :
Fidelitatem autem tenentur omnes
residentes in Provincia Duci facere
& servare: Vnde tenentur scei inno­
cuos in omnibus & fideles exhibere,
nec aliquid ipsum incommodi procu­
rare: nec eius inimicis præbere con­
tra ipsum consilium vel invamen: &
qui ex hoc inventi fuerint ex causa
manifesta, notabiles & traditores
Principis reputantur. Et omnes eo­
rum possessiones perpetuæ Principi re­
manebunt, si super hoc convicti fue­
rint vel damnati: Omnes enim in
Normania tenentur Principi fideli­
tatem observare. Vnde nullus ho­
magium vel fidelitatem alicuius po­
test recipere, nisi salva Principis fi­
delitate. Quod etiam est in eo­
rum receptione specialiter expri­
mendum. Inter Dominos autem
alios & homines fides taliter
debet obseruari, quòd neuter in perso­
nam alterius personalem violenti­
am, seu percussionis iniectionem cum
violetia, debet irrogari. Si quis enim
eorun ex hoc fuerit accusatus in curia
& conuictus, feudum omne debet
amittere &c. This fealty speciall,
is with vs performed either by
free men or by villeines. The
forme of both see anno 14. Ed. 1.
stat. 2. in these words: when a
freeman shall doe fealty to his









lord, he shall hould his right
hand vpon a booke, and shal say
thus: Heare you my lord R. that
I. P. shalbe to you both faithfull
and true, and shall owe my feal­
ty to you for the land that I
hould of you at the terms assig­
ned: So help me god and all his
saints. When a villaine shall doe
fealty vnto his lord, he shall
hould his right hand ouer the
booke, and shall say thus: Heare
you my lord. A. that I. B. from
this day forth vnto you shalbe
true and faithfull, and shall owe
you fealty for the land that I
hould of you in villenage, and
shalbe iustified by you in body
and goods : So helpe me god
& all his Saints. See the Register
originall. fol. 302. a. 

Fee (Feodum, aliâs Feudum) com­
meth of the French) Fief. i. prædi­
um beneficiarium, vel res cliente­
laris) and is vsed in our common
lawe, for all those lands which
we hold by perpetuall right: as
Hotoman well noteth verbo Feo­
dum. de verbis feudalibus : our aun­
cient lawyers either not obser­
uing whence the word grew, or at
the least not sufficiently expressing
their knowledge, what it signifi­
ed among them, from whome
they tooke it, Feudum whence
the word (Fief) or fee commeth,
signifieth in the German lan­
guage (beneficium cuius nomino o­
pera quædam gratiæ testificandæ
causa debentur, Hotoman disput. ca.
1. And by this name goe all
lands & tenements, that are held
by any acknowledgement of a­
ny superioritie to a higher Lord.
They that write of this subiect,
doe diuide all lands and tene­
ments, wherein a man hath a
perpetuall estate to him and his
heires, &c, into Allodium & Feu­
dum. Allodium is defined to be
euerie mans owne land, &c.
which he possesseth meerely in
his owne right, without acknow­
ledgement of any seruice, or pai­
ment of any rent vnto any other,
and this is a propertie in the
highest degree, and of some it is
called (allaudium ab a privatiua
particula, & laudum vel laudatio,
vt sit prædium cuius nullus author
est nisi deus. Est enim laudare, vel
Nouio teste, nominare. Quod & Bu­
dæus docuit ad Modestinum. l. He­
rennius 63. π. de hære. institu. Pra­
tæus. verbo. Allaudium. Hotoman
in verb. feuda. Feudum is that,
which we hold by the benefite
of another, and in the name
whereof we owe seruice, or pay
rent, or both, to a superior lord.
And all our land here in Eng­
land (the Crowne land which is
in the kings owne hands in the
right of his crowne, excepted) is
in the nature of Feudum or see,
for though many a man hath
land by descent from his Aunce­
stors, and many another hath









dearely bought land for his mo­
ney, yet is the land of such na­
ture, that it cannot come to any,
either by discent or purchase,
but with the burthen that was laid
vpon him, who had novel fee, or
first of all receiued it as a bene­
fite from his Lord, to him and to
all such, to whome it might dis­
cend, or any way be conueied
from him. So that if we will rec­
kon with our host (as the pro­
verbe is) there is no man here,
that hath directum dominium. i.
the very propertie or demaine in
in any land, but the prince in the
right of his crowne. Camd. Bri­
tan. pag. 93. for though he that
hath fee, hath ius perpetuum, &
vtile dominium : yet he oweth a
dutie for it: & therefore is it not
simply his owne. Which thing I
take those words, that we vse
for the expressing of our deepest
right in any lands or tenements,
to import: for he that can say
most for his estate, saith thus: I
am seised of this or that land or
tenement in my demaine, as of
fee. Seisitus inde in dominico meo vt
de feudo , and that is as much, as if
he said, it is my demaine or pro­
per land after a sort: because it
is to me and mine heires for e­
ver: yet not simply mine, because
I hold it in the nature of a be­
nefite from another. yet the sta­
tute anno 37. H. 8. ca. 16. vseth
these words of lands invested in
the crowne: but it proceedeth
from the ignorance of the na­
ture of this word (fee) for fee
cannot be without fealty sworne
to a superiour, as you may reade
partly in the word (Fealtie) but
more at large in those that
write de feudis : and namely Hoto­
man , both in his commentaries
and disputations. And no man
may graunt, that our king or
Crowne oweth fealty to any su­
perior but God onely. Yet it
may be said, that land, &c. with
vs is termed fee in two respects;
one, as it belongeth to vs and our
heires for ever: and so may the
Crowne land be called Fee: the
other, as it holdeth of another,
which is and must be farre from
our Crowne. Britton ca. 32. defi­
neth fee to this effect. Fee is a
right consisting in the person of
the true heire, or of some other,
that by iust title hath, purchased
it. Fleta saith that Feudum est
quod quis tene tex quacunque causa
sibi & hæredibus suis, siue sit tene­
mentum, siue reditus, qui non prove­
niunt ex camera, & alio modo dici­
tur feudum, sicut eius qui feoffat, &
quod quis tenet ab alio: sicut dicitur:
talis tenet de tali tot feuda per ser­
vitium militare. li. 5. ca. 5. §. Feu­
dum autem. And all that write de
feudis , doe hold that (Feudatari­
us) hath not an entire propertie
in his fee: Nay, it is held by right
learned men, that these fees were
at the first invention or creation









of them, either all or some of
them temporarie, and not per­
petuall and hereditarie. Iacobu­
tius de Franchis in præludio feud. ca.
2. nu. 133. The diuisions of (fee)
in diuers respects are many, and
those though little knowne to
vs in England, yet better wor­
thie to be known, then we com­
monly thinke. But for our pre­
sent purpose, it is sufficient to di­
uide Fee into two sorts: Fee abso­
lute , otherwise called simple: and
Fee conditionall , otherwise ter­
med fee tayle: Fee simple (Feudum
simplex) is that, whereof we are
seised in these generall words
(to vs and our heires for ever.)
Fee tayle (Feudum talliatum) is
that, whereof we are seized to
vs and our heires with limitati­
on, that is, the heires of our
body, &c. And fee taile is ei­
ther generall or speciall.
Generall is, where land is giuen
to a man and the heires of his
body. The reason whereof is gi­
uen by Litleton ca. 3. li 1. because
a man seised of land by such a
gift, if he marie one or more
wiues, and haue no issue by
them, and at the length marie
another, by whome he hath is­
sue, this issue shall inherit the
land: Fee taile speciall is that,
where a man and his wife be
seised of lands to them, and the
heires of their two bodies. The
reason is likewise giuen by Litle­
ton in the same place, because
in this case, the wife dying with­
out issue, and he marying ano­
ther, by whome he hath issue,
this issue, cannot inherit the
land, being specially giuen to
such heires, &c. this Fee taile hath
the originall, from the statute
of Westm. 2. cap. 1. which was
made anno 13. Ed. 1. yet see Bra­
cton. li. 2. ca. 5. nu. 3. hiis verbis. I­
tem quædam absoluta & larga, &
quædam stricta & coarctata, sicut
certis hæredibus to whome adde
Plowden, casu Willion. fo. 235. a. b.
& seqq. for before that statute, all
land giuen to a man and his
heires, either generall or speciall,
was accompted in the nature of
fee: and therefore held to be so
firmely in him to whome it was
giuen: that, any limitation not­
withstanding, he might alienate
and sell it at his pleasure: much
like that which the Civilians
call (Nudum præceptum) binding
rather by way of counsell and
aduice, then compulsion or re­
strainte: And this thing seeming
vnreasonable to the wisedome
of our realme, because so a man
meaning well to this or that po­
sterity of himselfe or his freinds,
might be forthwith deceiued of
his intention, the said statute
was made for redresse of this in­
convenience, wereby it is ordai­
ned, that if a man giue lands in
fee, limiting the heires to whome
it shall descend, with a reversi­









on to himselfe or his heires for
default, &c. that the forme and
true meaning of his gift, shalbe
obserued. Wherefore in what
conscience our lawyers haue in­
vented meanes, so easily to cut
off this forme of gift, it is to be
considered. He that hath fee
then, holdeth of another by
some dutie or other, which is
called seruice, and of this seruice
and the diuersitie thereof, See
Chivalrie and Seruice. He that
will learne from what fountaine
these feuds or fees did first spring
let him read Antonius Contius his
first chapter de methodo feudorum ,
where he shal receiue great light
for his guide into so obscure a
dungeon. See Liege. This word,
(Fee) is sometime vsed with vs,
for the compas or circuit of a
Lordship or maner. Bracton. lib.
2. cap. 5. in these words : In ea­
dem villa & de eodem feodo. Third­
ly it is vsed for a perpetuall right
incorporeall: as to haue the kee­
ping of prisons in fee. old. nat.
br. fol. 41. Foster in fee eod. fol: 6.
Rent granted in fee. eod. fo. 8 Shy­
reeue in fee. ann 28. Ed pri. stat. 3.
ca. 8. Lastly fee signifieth a re­
ward or ordinarie dutie, that a
man hath giuen him for the ex­
ecution of his office, or the per­
formance of his industrie in his
art or science: as the lawyer or
the phisitian is said to haue his
fee, when he hath the confidera­
tion of his paines taken, the one
with his client, the other with
his patient. 

Fee expectant , is by the feu­
dists termed feudum expectati­
vum , or expectatiua , substantiuely
vsed, Mathæus de Afflictis decis.
292. nu. 2. pag. 417. See expectant.

Fee ferm (feudi firma) is a com­
pound of Fee. whereof see (Fee)
and (ferm. i. colonta, villa, prædium
rusticum , of (Ferme) commeth
Fermier du prince. i. manceps, re­
demptor publicorum vectigalium,
Publicanus,) Feeferm signifieth in
our common lawe, land held of
another in fee, that is in perpe­
tuitie to himselfe and his heires,
for so much yearely rent, as it is
reasonably worth, more or lesse,
so it be the fourth part of the
worth, old tenures , See exposition
of the statute of Glocester anno
6. Ed. pri. without homage, fealtie
or other seruices, other then be
especially comprised in the feof­
ment, but by Fitzh. it seemeth
that the third part of the value
may be appointed for the rent,
or the finding of a chaplaine to
sing diuine seruice, &c. nat. br.
fol. 210. C. And the nature of it
is this, that if the rent be behind
and vnpaid for the space of two
yeares, then the feoffour or his
heires haue action to recouer the
lands as their demesnes : Britton.
ca. 66. nu. 4. but obserue out of
West. symbol. parte 1. lib. 2. sect. 463.









that the feofment may containe
seruices and suite of court, as
well as rent: and the author of
the new terms of law, saith, that
F eeferm oweth fealtie, though
not expressed in the feofment,
for that fealtie belongeth to all
kind of tenures: This is neere the
nature of that, which among the
Civilians is called (ager vectiga­
lis, qui in perpetuum licetur. i. hac
lege vt quam diu pro eo vectigal
pendatur tam diu neque ipsis qui con­
duxerunt, neque is qui in locum eo­
rum successerunt, auferri eum liceat.
l. 1. π. si ager vectigalis, &c. 

Feede (Feida alias Faida) signi­
fieth in the German toung Guer­
ram. 1. (capitales inimicitias vel bel­
lum) Hotoman disputat: de feudis
ca. 2. B. Fœmina dicitur faidam
non facere. gloss: in §. vlt. De lege
Conradi lib. 2. de feudis , by reason
that women by the law, are not
subiect to warfare, to battell or
proclamation made for that cawse.
S kene de verbo: signif. verbo Assi­
datio. M. Lamberd in his expli­
cation of Saxon words writeth it
(Feeth) and saith like wise, that it
signifieth capitales inimicitias , and
also that (Feud) vsed now in
Scotland and the north parts of
England, is the same, and that
is, a combination of kindred to
reuenge the death of any of
their blood against the killer and
all his race. not in OED as headword; related to feud

Felonie (Felonia) seemeth to
come of the french (Felonnie. i.
impetuositas, atrocitas, immisericor­
dia) Felonia (saith Hotoman de ver­
bis feudalibus) non præscisè contu­
maciam vasalli in dominum, huius­
ue in vasallum perfidiam significat,
verum quoduis capitale facinus.
And againe. Felonia Gothis &
Longobardis dicitur quod Germanis
hodie Schelmarey, latinis Scelus. S.
Ed. Cooke saith thus. Ideo dicta est
felonia qua fieri debet felleo ani­
mo. li. 4. fo. 124. b. Hostiensis in
sua summa titulo , De feudis , and
others speak of this to this effect.
Felonia, aliàs Fallonia est culpa vel
iniuria, propter quam vasallus amit­
tit feudum. Sed hec respicit dominum
feudi. Est & alia fallonia quæ non re­
spicit dominum, sc. quando vasallus
interficit fratrem vel filium suum,
vel filium frairis, vel aliud crimen
commisit quod parricidii appellatione
continetur. & plures aliæ falloniæ
tam respicientes dominum, quàm
alios propter quas feudum amittitur
ibi notantur. We account any
offence felonie that is in de­
grce next vnto petit treason,
and compriseth diuers parti­
culars vnder it, as murder, theft,
killing of a mans selfe, So­
dometrie , rape, wilfull burning
of houses, and diuers such like,
which are to be gathered espe­
cially out of statutes, whereby
many offences are dayly made
felonie, that before were not.
Felonie is discerned from light­









ter offences by this, that the pu­
nishment thereof is death. How
be it this is not perpetuall. For
petit larcenie (which is the stea­
ling of any thing vnder the
valew of twelue pence) is felo­
ny, as appeareth by Broke titulo
Coron. num. 2. his reason is, be­
cause the indictment against
such a one must runne with
these words, (felonicè cepit) and
yet is this not punished by death
though it be losse of goods. Any
other exception I know not, but
that a man may call that felony ,
which is vnder petit treason, and
punished by death. And of this
there be two sorts: one lighter,
that for the first time may be re­
leeued by cleargie, another, that
may not. And these you must
also learne to know by the sta­
tutes: for Cleargie is allowed,
where it is not expressely taken
away. Of these maters reade
Stawnfords first booke of his pl.
cor. from the end of the second
Chapter, to the 39. and the sta­
tutes whereby many offences be
made felonie, since he writ that
learned booke. See also Lam­
berds Iustice of peace, lib. 2. cap. 7.
in a Table drawne for the pur­
pose. As also lib. 4. cap. 4. pag.
404. and Crompton in his iustice
of peace. fol. 32. & c. Felonie is
also punished by losse of lands
not entayled, and goods or cha­
tels, as well real as personall: and
yet the statutes make difference
in some cases touching lands, as
appeareth by the statute, anno 37
H. 8. cap. 6. Felonie ordinarily
worketh corruption of bloud,
though not, where a statute or­
daineth an offence to be fe­
lonie, and yet withall saith, that
it shall not worke corruption of
bloud. As anno 39. Eliz. cap. 17.
How many wayes felonie is com­
mitted, see Cromptons Iustice of
peace. pag. 32. &c. 

Feyre. See  Fayre.

Felo de se , is he that commit­
teth felonie by murthering him­
selfe. See Cromptons Iustice of
peace. fol. 28. and Lamberds Ei­
renarcha. lib. 2. cap. 7. pag. 243. 

Fencemoneth , is a moneth,
wherein it is vnlawful to hunt in
the Forest, because in that mo­
neth the female Deere do faune:
and this moneth beginneth 15.
dayes before Midsomer, and
endeth 15. dayes after. So that
to this moneth there be 31.
daies. See Manwood parte prim.
of his Forest lawes. pag. 86. but
more at large parte secunda. cap. 13
per totum. It is also called the
defence moneth, that is, the for­
bidden moneth, and the word
defence is vsed in like sort. West.
2. cap. 47. anno 13. Ed. 1. in
these words: All waters where
Salmons be taken, shall be in de­
fence for taking of Salmons
from the Natiuitie, &c. 









Fennycricke , or rather Fene­
greeke , (Fœnum Græcum) is a me­
dicinall plant or herbe, so called,
because it groweth like hey, and
commeth out of Greece. Of
this you may reade more in Ger­
rards herball. lib. 2. cap. 483. The
seede therof is reckoned among
drugs, that are to be garbled. an.
1. Iacob. cap. 19. not in OED as headword

Feofment (feoffamentum) by the
opinion of Sir Thomas Smith de
Repub. Anglor. lib. 3. cap. 8. and
M. West part. prim. symbol. lib. 2.
sect. 2 80. is descended from the
Gottish word (feudum) which
you haue interpreted in (fee)
and signifieth (donationem feudi)
But (as M. West also addeth) it
signifieth in our common lawe,
any gift or graunt of any honors,
castels, maners, mesuages, lands,
or other corporall and immoue­
able things of like nature, vnto
another in fee simple, that is to
him and his heires for euer, by
the deliuerie of seisin and posses­
sion of the thing giuen, whether
the gift be made by word or
writing. And when it is in wri­
ting, it is called a deed of feof­
ment, and in euery feofment the
giuer is called the Feaffour (feof­
fator,) and he that receiueth by
vertue thereof, the Feoffee (fe­
offatus) and Litleton saith, that the
proper difference betweene a
feoffour and a donour is, that the
feoffour giueth in fee-simple, the
donour in fee-taile. lib. 1.
cap. 6. 

Feodarie, aliâs , Feudarie, a­
liâs, feudatarie, (feudatarius) is
an officer authorized and made
by the master of the Court of
wards and liueries, by leters pa­
tents vnder the seale of that
office. His function is to be pre­
sent with the Escheater at the
finding of any office, and to giue
euidence for the king as well con­
cerning the valew, as the tenure,
and also to suruey the land of the
ward, after the office found, and
to rate it. He is also to assigne
the kings widowes their dowers
and to receiue all the rents of
the wards lands, with in his cir­
cuit, and to answer them to the
Receiuer of the court of wardes
and liueries. This officer is men­
tioned anno 32. H. 8. cap.
46. 

Ferdfare, significat quietantiam
eundi in exercitum. Fleta libr. pri.
cap. 47. 

Ferdwit, significat quietantiam
murdri in exercitu. Fleta libr. prim.
cap. 47. not in OED as headword

Ferm (firma) commeth of
the French (Ferme. i. colonia, villa,
prædium,) and signifieth with vs,
house or land, or both, taken by
Indenture of lease, or lease parol.
It may likewise not vnaptly be
coniectured, that both the
French and English word came
from the Latine (firmus) for









(locare ad firmum) I find somtime
to signifie with others, as much
as (to set or let to farme) with
vs. The reason whereof may be
in respect of the sure hould they
haue aboue tenents at will. v. vo­
cabul. vtriusque iuris. verbo Affli­
ctus. The authour of the new
Termes of lawe, deriueth this
word from the Saxon (feormian)
which signifieth to feed or yeeld
victuall. For in auncient time the
reseruations were as well in vi­
ctuals as money, which I leaue
to the iudgment of the Reader.
How many wayes ferme is taken,
see Plowden. casu Wrothesley. fol.
195. a. b. 

Feudarie. See Feodarie.

Fieri facias , is a writ iudiciall,
that lyeth at all times within the
yeare and day, for him that hath
recouered in an action of debt
or dammages, to the Shyreeue,
to commaund him to leuie the
debt or the dammages of his
goods, against whome the reco­
uerie was had. This writ hath
beginning from Westm. 2. cap. 18
anno 13. Ed. 1. See old nat. br.
fol. 152. See great diuersitie
thereof in the Table of the
Register iudiciall. verbo. Fieri fa­
cias. 

Fifteenth (Decimaquinta) is a
tribute, or imposition of mony
laide vpon euery city, borough,
and other towne through the
realme, not by the polle, or vpon
this or that man, but in general,
vpon the whole city or towne;
so called, because it amounteth
to one fifteenth parte of that,
which the city or towne hath
bene valued at of ould. This is
now a dayes imposed by parla­
ment: and euery towne through
the realme, great or lesse, know­
eth what a fiftenth for them­
selues doth amount vnto, because
it is perpetuall: whereas the sub­
sidie, which is raised of euery
particular mans lands or goods,
must needs be vncertaine, be­
cause the estate of euery seuerall
man is so ticklish and vncertaine.
And in that regard am I driuen
to thinke that this fifteenth is a
rate aunciently laide vpon euery
towne, according to the land or
circuit belonging vnto it. where­
of M. Camden hath many men­
tions in his Britannia. In stead of
the rest take a fewe page 168 of
Wels in Somerset shire he writeth
thus. Quo tempore, vt testatur cen­
sualis Angliæ liber, Episcopus ipsum
oppidum tenuit, quod pro quinqua­
ginta hidis geldauit : And pag. 171.
of Bathe. Geldabat pro viginti hi­
dis, quando Schira geldabat. third­
ly, pa. 181. of ould Sarisbury thus :
pro quinquaginta hidis geldabat.
and these rates were taken out of
Domes day in the Eschequer. so
that this seemed in ould time, to
be a yearely tribute in certainty,
whereas now, though the rate be









certaine, yet it is not leuied but
by Parlament. See  Taske, see
 Quinsie me.

Filazer (Filazarius) commeth
of the french (Filace. i. filum, fi­
lacium) it is an officer in the com­
mon plees, whereof there be 14.
in number: they make out all ori­
ginall proces, as well reall as per­
sonall and mixt: and in actions
meerely personall, where the de­
fendants be returned or sommo­
ned, there goeth out the distresse
infinite vntill apparence. If he
be returned Nihil , then proces
of Capias infinite , if the plaintife
will, or after the third Capias ,
the plaintife may goe to the Ex­
igenter of the Shire, where his
originall is grounded, and haue
an Exigent and proclamation
made: And also the Filazer ma­
keth foorth all writs of viewe
in causes, where the view is
prayed: he is also allowed to
enter the imparlance, or the ge­
nerall issue in common acti­
ons, where apparence is made
with him, and also iudgement
by confession in any of them be­
fore issue be ioyned, and to
make out writs of execution
thereupon. But although they
entred the issue: yet the proto­
notarie must enter the iudge­
ment, if it be after verdict. They
also make writs of Supersedeas , in
case where the defendant appea­
reth in their offices, after the Ca­
pias awarded. 

Filctale. See Sothale.

File (filacium) is a threed or
wyer, whereon writs, or other
exhibits in courts, are fastened
for the more safe keeping of
them. 

Finders. anno 18. Ed. 3. stat. 1.
cap. vnico. anno 14. R. 2. cap. 10.
 seeme to be all one with those,
which in these dayes we call
searchers. 

Fine (finis) commeth of the
French (fin. i. finis) and hath di­
uers applications in our common
lawe: sometime being vsed for
a formall or ceremonious con­
ueyance of lands or tenements,
or (as West saith, titulo Fines. sect.
25.) of any thing inheritable,
being in esse tempore finis , to the
end to cut off all controuersies.
West parte 2. symb. sect. 1. defi­
neth a fine in this signification:
couenants made before Iustices,
and entred of Record. And out
of Glanvile thus lib. 8. cap. 1. Fi­
nis est amicabilis compositio & fina­
lis concordia, ex consensu & licentia
Domini Regis, vel eius Iusticiario­
rum. And lib. 9. cap. 3. Talis con­
cordia finalis dicitur, eo quod finem
imponit negotio, adeò vt neutra pars
litiguntium ab eo de cætero poterit
recedere. And out of Bracton, lib. 5.
tract. 5. cap. 28. num. 7. thus:
Finis ideò dicitur finalis concordia,
quia imponit finem litibus, & est ex­
ceptio peremptoria. The authour of









the new termes of lawe, defineth
it to be a finall agreement had
betweene persons concerning a­
ny land or rent, or other thing,
whereof any suite or writ is be­
tweene them hanging in any
court. See the new booke of En­
tries, verbo Fines. This fine is of
so high a nature, that Bracton. lib.
3. cap. 7. num. 3. hath these
words of it. Item immediate perti­
net ad Regem querela finis factæ in
curia Domini Regis, & non obser­
vatæ. Et est ratio, quia nemo potest
finem interpretari nisi ipse Rex, in
cuius curia fines fiunt. See also anno
27. Ed. prim. stat. prim. cap. prim.
The Civilians would call this so­
lemne contract transactionem iu­
dicialem de re immobili , because it
hath all the properties of a trans­
action, if it be considered in
his originall vse. v. Wesemb. pa­
rat. titulo de transact. For it ap­
peareth by the writers of the
common lawe aboue named,
that it is nothing but a composi­
tion or concord acknowledged
and recorded before a compe­
tent Iudge, touching some he­
reditament or thing immouea­
ble, that earst was in controuer­
sie betweene those, that be par­
ties to the same concord: and
that for the better credit of the
transaction, being by imputation
made in the presence of the
king, because it is leuied in his
Court: and therefore doth it
bind women couert being par­
ties, and others whom ordi­
narily the lawe disableth to
transact, onely for this rea­
son, that all presumption of
deceipt or euill meaning is exclu­
ded, where the king is priuy
to the acte. But discourse of
wit and reason, hath in time
wrought other vses of this
concord, which in the begin­
ning was but one: as namely, to
secure the title that any man
hath in his possession against
all men: to cut off intayles, and
with more certaintie to passe
the interest or the title of a­
ny land or tenement, though
not controuerted, to whome
we thinke good, either for
yeares or in fee. In so much
that the passing of a fine,
in most cases, now is it but
mera fictio iuris , alluding to the
vse for the which it was in­
vented, and supposing a doubt
or controuersie, where in truth
none is: and so not onely to
worke a present prescription
against the parties to the con­
cord or fine, and their heires,
but within fiue yeares against
all others, not expresly excepted
(if it be leuied vpon good con­
sideration, and without Couin)
as women couert, persons vnder
21. yeares, or prisoners, or such
as be out of the realme at the
time when it was acknow­









ledged. Touching this mater, see
the statutes. anno 1. Rich. 3. cap. 7
anno 4. H. 7. cap. 24. anno 32. H.
8. cap. 36. & anno 31. Elizab. ca.
2. This fine hath in it fiue essenti­
all parts: the originall writ taken
out against the conizour: the
kings licence giuing the parties
libertie to accord, for the which
he hath a fine called the Kings
siluer, being accompted a part of
the Crownes reuenew. Thirdly,
the concord it selfe, which thus
beginneth: Et est concordia talis,
&c. Fourthly, the note of the
fine, which is an abstract of the
original concord, and beginneth
in this maner : Sc. Inter R. que­
rentem. & S. & E. vxorem eius,
deforciantes, &c. Fifthly, the foot
of the fine, which beginneth
thus : Hæc est finalis concordia facta
in Curia domini Regis, apud Westm.
à die Paschæ in quindecim dies, anno
&c. So as the foote of the fine
includeth all, containing the day,
yeare, and place, and before
what Iustice the concord was
made. Coke vo. 6. casu Teye. fol. 38.
& 39. This fine is either single or
double: A single fine, is that by
which nothing is graunted or
rendred backe againe by the
Cognizeese to the Cognizours,
or any of them. A double fine
containeth a graunt and render
backe againe, either of some
rent, common, or other thing,
out of the land, or of the land it
selfe, to all or some of the Cog­
nizours, for some estate, limiting
thereby many times Remainders
to straungers, which be not
named in the writ of couenant.
West vbi supra, sect. 21. Againe, a
fine is of the effect, deuided into
a fine executed, and a fine execu­
tory. A fine executed is such a
fine, as of his owne force giueth
a present possession (at the least
in law) vnto the Cognizee, so
that he needeth no writ of (Ha­
bere facias seisinam) for the exe­
cution of the same, but may en­
ter; of which sort is a fine (sur
cognizance de droit come ceo que il
ad de son done) that is vpon ac­
knowledgement, that the thing
mentioned in the concord be ius
ipsius cognizati, vt illa quæ idem ha­
bet de dono Cognitoris. West. sect.
51. K. and the reason of this see­
meth to be, because this fine,
passeth by way of release of that
thing, which the cognizee hath
already (at the least by supposi­
tion) by vertue of a former gift
of the cognizour. Cokes reports
li. 3. the case of fines fo. 89. b.
which is, in very deed, the surest
fine of all. Fines executorie be
such, as of their owne force doe
not execute the possession in the
Cognizeese, as fines sur cognizan­
ce de droit tantùm. fines sur done ,
graunt, release, confirmation, or
render. For if such fines be not le­
uied, or such render made vnto









them, that be in possession at the
time of the fines leuied, the cog­
nizees must needs siew writs of
(Habere facias seisinam) accord­
ing to their seuerall cases, for
the obtaining of their possessi­
ons, except at the leuying of such
executory fines, the parties, vnto
whom the estate is by them limi­
ted, be in possession of the lands
passed thereby: for in this case
such fines doe inure by way of
extinguishment of right, not al­
tering the estate or possession of
the Cognizee, but perchaunce
bettring it. West. vbi supra, sect. 20.

Touching the forme of these
fines, it is to be considered vpon
what writ or action the concord
is to be made, and that is, most
commonly, vpon a writ of coue­
nant: and then first there must
passe a paire of indentures be­
tweene the Cognizour and Cog­
nizee, whereby the Cognizour
couenanteth with the cognizee,
to passe a fine vnto him, of such
or such things by a day set down.
And these indentures, as they
are first in this proceeding, so are
they saide to lead the fine; vpon
this couenant, the writ of coue­
nant is brought by the Cogni­
zee against the cognizour, who
therevpon yeeldeth to passe the
fine before the Iudge, and so
the acknowledgement being re­
corded, the cognizour and his
heires are presently concluded,
and all straungers not excepted,
after fiue yeares once passed. If
the writ wherevpon the fine is
grounded, be not a writ of coue­
naunt, but of warrantia chartæ , or
a writ of right, or a writ of mesn ,
or a writ of custome and serui­
ces (for of all these fines may al­
so be founded. (West. vbi supra,
sect: 23.) then this forme is ob­
serued: the writ is serued vpon
the party that is to acknowledge
the fine, and then he appearing
doth accordingly : See Dier, fo.
179. nu. 46.

This word (fine) sometime
signifieth a summe of money,
paide for an Income to lands or
tenements let by lease: some­
time an amends, pecuniarie pu­
nishment, or recompence vpon
an offence committed a­
gainst the king and his lawes,
or a Lord of a maner. In which
case, a man is said facere finem de
transgressione cum Rege, &c. Regist.
Iud. fol. 25. a. and of the diuersity
of these fines with other mater
worth the learning, see Cromp­
tons Iustice of peace, fol. 141. b. 143.
144. and Lamberds Eirenarcha
libro. 4. ca 16. pa. 555. But in all
these diuersities of vses, it hath
but one signification; and that
is a finall conclusion or ende of
differences betweene parties.
And in this last sence, wherein it
is vsed for the ending and re­
mission of an offence, Bracton









hath it li. 2. ca. 15. nu. 8. speaking
of a common fine that the
Countie payeth to the king, for
false iudgements or other trespas­
ses, which is to be assessed by the
Iustices in Eyre besore their de­
parture, by the oath of knights
and other good men, vpon such
as ought to pay it: with whome
agreeth the statute anno. 3. Ed.
pri. ca. 18. There is also a com­
mon fine in leetes. See Kitchin. fo.
13. a. v. common fine. See Fleta. l. 1.
ca. 48. 

Fines pro licentia concordandi,
anno 21. H. 8. c. 1. See Fine.

Fine force , seemeth to come of
the french adiectiue (fin) and the
substantiue (force. i. vis) The ad­
iectiue (fin) signifieth sometime
as much as craftie, wilie or
subtill, sometime as much as, ar­
tificiall, curious, singular, exact,
or perfect. as (Rien contrefaict
fin. i. nihil simulatum aut ad imi­
tationem alterius expressum, potest
esse exactum, vel ita absolutum,
quin reprehensionem vel offensionem
incurrat , as is set downe in that
worke, truly regal, intituledβασι­
λικον δ ῶρον. . pa. 115. so that this (fi­
ne force) with vs, seemeth to sig­
nifie an absolute necessitie or
constreint, not avoidable: and in
this sence it is vsed, old. nat. br.
fol. 78. and in the statute anno.
35. H. 8. ca. 12. in Perkins Dower.
fo. 321. and Plowden. for. 94. Coke.
vol. 6. fol. 111 a. not in OED as headword

Fine adnullando levato de tene­
mento quod fuit de antiquo dominico ,
 is a writ to Iustices, for the dis­
anulling of a fine levied of lands
holding in auncient demesn, to
the preiudice of the Lord: Regi­
ster originall. fol. 15. b. 

Fine capiendo pro terris, &c. is a
writ lying for one, that vpon
conviction by a Iury hauing his
lands and goods taken into the
kings hand, and his body com­
mitted to prison, obteineth fa­
uour for a summe of money
&c. to be remitted his imprison­
ment, and his lands and goods
to be redeliuerd vnto him. Re­
gister. orig. fo. 132. a. 

Fine levando de tenementis ten­
tis de Rege in capite, &c. is a writ
directed to the Iustices of the
common plees, whereby to licence
them to admit of a fine for the
sale of land holding in capite, Re­
gift. originall. fol. 167. a. 

Fine non capiendo pro pulchre
placitando , is a writ to inhibit
officers of courts, to take fines
for faire pleading, Register origi­
nal fol. 179. See Beau pleder. 

Fine pro redisseisina capienda, &c.
 is a writ, that lieth for the re­
leafe of one laid in prison for
a redisseisin, vpon a reasonable
fine. Register. originall fol. 222. 

Finarie. See Blomarie.

Finours of gold and siluer , be
those that purifie and part those
metals from other courser, by









fire and water. anno. 4. H. 7. ca. 2.
They be also called parters in
the same place, sometime de­
parters. 

Fireboote , for the composition
looke Hayboote. It signifieth al­
lowance or Estovers of woods,
to maintaine competent fire for
the vse of the tenent. 

First fruites (primitiæ) are the
profits of every spirituall liuing
for one yeare, giuen in auncient
time to the Pope throughout all
Cristendome: but by the statute
anno 26. H. 8. cap. 3. translated to
the Prince, for the ordring wher­
of, there was a court erected, an.
32. H. 8. ca. 45. but this court was
dissolued. anno. pri. Mar. sess. 2. ca.
10. & sithence that time, though
those profits be reduced againe
to the crowne, by the statute an­
no 1. Eliz. ca. 4. yet was the court
neuer restored, but all maters
therein wont to be handled,
were transferred to the Exche­
quer. See Annats.

Fishgarthe, anno 2 3. H. 8. ca. 18. 

Fitche, See furre.

Fitzherberd , was a famous
lawyer in the daies of King
Henry the eight, and was chiefe
Iustice of the common plees , he wrot
two worthie bookes, one an a­
bridgement of the common
lawes, another intituled de Na­
tura brevium. 

Fledwit , commeth of the
Saxon word (Fled) that is a fu­
gitiue, & wit, which some make
but a termination, signifiing no­
thing of it selfe: how be it others
say, it signifieth a reprehension,
censure, or correction: It signifi­
eth in our auncient lawe, a dis­
charge or freedome from a­
mercements, when one hauing
been an outlawed fugitiue, com­
meth to the peace of our Lord
the King, of his owne accord. Ra­
stall, Exposition of words: or being
licensed : Newe termes of lawe. See
Bloodwit , and Childwit: See
Fletwit.

Fleete (Fleta) is a famous pri­
son in London , so called (as it
seemeth) of the riuer, vpon the
side whereof it standeth, Camden
Britanni, pag. 317. Vnto this
none are vsually committed, but
for contempt to the king and
his lawes, or vpon absolute com­
maundement of the king, or some
of his courts, or lastly vpon debt,
when men are vnable, or vnwil­
ling to satisfie their credi­
tours. 

Flemeswit or rather (Flehens­
wit) commeth of the Saxon word
(Flean) which is a contract of
(Flegen) that is, to flie away. It
signifieth with our lawyers, a li­
bertie or charter, whereby to
chalenge the catel or amerce­
ments of your man a fugitiue :
Rastall Exposition of words. See
Bloodwit. Fleta writeth this word
two other waies, as (Flemenesfre­









vie or Flemesfreicthe , and inter­
preteth it, habere catalla fugitivo­
rum. li. 1. ca. 47. 

Fleta , is a feigned name of a
learned lawyer, that writing a
booke of the common lawes of
England and other antiquities
in the Fleete , termed it thereof
Fleta: He seemeth to haue liued
in Ed. the 2. time and Edw. the 3.
idem, li. 1. ca. 20. §. qui ceperint. li. 2.
ca. 66. §. item. quod nullus. 

Fletwit, aliâs Fredwit. Skene de
verborum significatione. verb. Mel­
letum. saith, that (Flichtwit) is a li­
bertie to courts, and to take vp
the amercements pro melletis. he
giueth the reason because (Flicht)
is called Fliting in french (Melle)
which sometime is conioyned
with hand-strookes: And in some
bookes Placitum de melletis , is
called the moote or plee of bea­
ting or striking. 

Flight See Finer.

Florences, anno 1. R. 3. ca. 8. a
kinde of cloth so called. 

Flotsen aliâs (Flotzam) is a
word proper to the sease, signifi­
ing any goods that by ship­
wrecke be lost, and lie floting or
swimming vpon the toppe of
the water, which with Ietson and
lagon and shares be giuen to the
Lord Admirall , by his leters pa­
tents. Ietson is a thing cast out
of the shippe being in daunger
of wrecke, and beaten to the
shore by the waters, or cast on
the shore by the marriners. Coke
vol. 6. fo. 106. a. Lagon aliâs La­
gam vel Ligan, is that which lyeth
in the bottome of the sea,
Coke ibi. Shares are goods due to
more by proportion. 

Foder (fodrum) signifieth in our
English tongue, a course kinde
of meate for horses and other
catell. But among the Feudists,
it is vsed for a prerogatiue that
the prince hath, to be provided
of corn and other meate for his
horses by his subiects towards
his wars, or other expeditions.
Arnoldus Clapmarius. de arcanis
imperii. lib. 1. ca. 11. And reade
Hotoman de verbis feudalibus. lite­
ra. F. 

Folgheres , or rather Folgers , be
folowers, if we interpret the
word according to the true signi­
fication: Bracton saith it signifi­
eth, eos qui alii deserviunt. lib. 3.
tract. 2. cap. 10. not in OED as headword

Folkmoote , is a Saxon word,
compounded of Folk. i. populus &
Gemettan. i. convenire. It signifieth
(as M. Lamberd saith in his ex­
plication of Saxon words, verbo
(Conuentus) two kind of Courts,
one nowe called the countie
court, the other called the Shy­
reeues turne: This word is still
in vse among the Londoners
and signifieth celebrem ex omni
ciuitate conuentum: Stowe in his
Suruey of London. but M. Man­
wood in his first part of forest









lawes. pag. 111. hath these
words. Folkemote is the court
holden in London, wherein all
the folke and people of the
citie did complaine on the May­
or and the Aldermen, for misgo­
uernment within the citie. 

Forbarre , is for euer to depriue.
an. 9. Ric. 2. ca. 2. 

Force (Forcia) is a french word,
signifiing (vim, nervositatem, forti­
tudinem, virtutem) in our com­
mon lawe, it is most vsually ap­
plied to the euill part, and signi­
fieth vnlawfull violence. West
thus defineth it: Force is an of­
fence, by which violence is
vsed to things or persons. parte
2. symbol. titulo. Inditements. sect.
65. where also he diuideth it
thus: Force is either simple or
compound. Simple is that which
is so committed, that it hath no
other crime adioyned vnto it; as
if one by force doe onely en­
ter into an other mans pos­
session, without doing any other
vnlawfull act there. Mixt force, is
that violence, which is commit­
ted with such a fact, as of it selfe
onely, is criminall; as if any by
force enter into another mans
possession, and kill a man, or ra­
vish a woman there, &c. he far­
der diuideth it into true force,
and force after a sort, and so pro­
ceedeth to diuers other braun­
ches worth the reading, as forci­
ble entry, forcible deteining, vn­
lawfull assembly, Rowtes, Riots ,
R ebellions, &c. 

Forcible deteining or withholding
of possession , is a violent act of re­
sistance by strong hand of men
weaponed with harnes, or other
action of feare, in the same place
or else where, by which the law­
full entrie of Iustices or others
is barred or hindred. West parte
2. symbol. titulo Inditements, sect.
65. M. of this see Cromptons Iu­
stice of peace, f. 58. b &c. vsque ad 63. 

Forcible entrie (Ingressus manu
forti factus) is a violent actuall
entrie into an house or land, &c.
or taking a distresse of any per­
son weaponed, whither he offer
violence or feare of hurt to any
there, or furiously driue any out
of the possession thereof: West par­
te 2 symbol. titulo Inditements, sect.
65. L. of this see Cromptons Iu­
stice of peace, fol. 58. b. 59. &c. vsque
63. It is also vsed for a writ
grounded vpon the statute. anno
8. H. 6. ca. 9. whereof reade Fitz.
nat. br. at large, fol. 248. See the
newe booke of Entries, verbo
Forcible Entrie , see Lamb. definition
in certen cases. Eiren. l. 2. c. 4. p. 145. 

Forein (Forinsecus) commeth
of the french (Forain. i. exterus, ex­
ternus) it is vsed adiectiuely in
our common lawe, and ioyned
with diuers substantiues in sen­
ces not vnworthy the exposition,
as Forein mater, that is mater tri­
able in another countie, pl. cor.









fo. 154. or mater done in another
countie, Kitchin. fol. 126. Forein­
plea (forinsecum placitum) . i. a re­
fusal of the Iudge as incompe­
tent, because the mater in hand
was not within his precincts,
Kitchin. fol. 7 5. & anno 4. H. 8. ca.
2. & anno 22. eiusdem. ca. 2. & 14.
Forein aunswer, that is, such an
answer, as is not triable in the
countie where it is made. anno
15. H. 6. ca. 5. Forein seruice (forin­
secum servitium) that is such ser­
vice, whereby a meane Lord
holdeth ouer of another, with­
out the compasse of his owne
fee. Brooke. titulo Tenures. f. 251.
nu. 12. & 28. & Kitchin, fol. 209.
or else that which a tenent per­
formeth, either to his owne
Lord, or to the Lord paramount
out of the fee. For of these ser­
uices, Bracton speaketh thus, lib.
2. cap. 16. nu. 7. Item sunt quædam
seruitia, quæ dicuntur forinseca,
quamvis sunt in charta de feoffa­
mento expressa & nominata: & quæ
ideo dici possunt forinseca, quia per­
tinent ad Dominum Regem, & non
ad dominum capitalem, nisi cum in
propria persona profectus fuerit in
seruitio: vel nisi cum pro seruitio suo
satisfecerit domino Regi quocunque
modo, & fiunt in certis temporibus,
cùm casus & necessitas evenerit, &
varia habent nomina & diuersa:
Quandoqque enim nominantur forinse­
ca, large sumpto vocabulo, quo ad
seruitium domino Regis, quandoque
scutagium, quandoque seruitium do­
mini Regis, & ideo forinsecum dici po­
test, quia fit & capitur foris, siue
extra seruitium quod fit Domino ca­
pitali. v. Broke Tenures 28. 95. Fo­
rein seruice , seemeth to be knights
seruice or Escuage vncertaine.
Perkins Reseruations 650. Forein
attachement (Attachiamentum fo­
rinsecum) is an attachement of
foriners goods, found within a
libertie or citie, for the satisfa­
ction of some citizen, to whome
the said foriner oweth mo­
ney. 

Forein Apposer (forinsecarum
oppositor) is an officer in the ex­
chequer, to whom all shyreeues
and baylifes doe repaire,  him
to be opposed of their greene
waxe, and from thence draweth
downe a charge vpon the
shyreeue and baylife to the clerk
of the pipe. 

Forest (Foresta) is a french
word, signifiing a great or vast
wood. Lieu forestier & saüuage: lo­
cus syluestris & saltuosus. The wri­
ters vpon the common law de­
fine it thus: Foresta est locus vbi
feræ inhabitant vel includuntur.
glos. in ca. cum dilecti. extra. de do­
natio. & Felinus in ca. Rodolphus.
versu, quid autem Foresta. extra
de rescriptis. speaketh to the same
effect. Some other writers doe
say, it is called foresta, quasi fera­
rum statio, vel tuta mansio ferarum.
But as it is taken with vs, M.









Manw in his second part of forest
lawes, cap. 1. nu. 1. thus defineth
it: A Forest is a certaine
teritoritie of wooddy grounds &
fruitfull pastures, priviledged for
wild beasts, and foules of forest,
chace, and warren, to rest and a­
bide in, in the safe protection
of the King, for his princely
delight and pleasure: which
terrioritie of ground so priui­
ledged, is meered and bounded
with vnremoueable markes,
meeres, and Boundaries, either
knowne by mater of record, or
else prescription, and also reple­
nished with wild beasts of Vene­
rie, or chase, and with great co­
verts of vert, for the succour of
the said wild beasts, to haue their
aboad in: for the preseruation &
continuance of which said place,
togither with the vert and veni­
son, there are certaine particular
lawes, priviledges, and officers,
belonging to the same, meete for
that purpose, that are onely pro­
per vnto a forest, and not to any
other place. The same definition
he hath parte 1. pag. 139. which
though it haue many superflui­
ties, yet it well expresseth the na­
ture of the thing, especially the
explication adioyned, which
there is set downe by the said
author in both places in his first
part. pag. 16. where he fetcheth
a forest from such overgrowne
antiquitie, alledging for it the
second booke of Kings, ca. 2. ver.
24. & ca. 19. vers. 23. and the
104. psalme vers. 20. the 131. ver.
6. he taketh licence to sport him­
selfe. for though our english
translation haue the word forest,
to expresse the vastnes of the
desert, yet if we looke to the o­
riginall Idiome, we shall finde no
more reason to call those places
forests, then either chases or parks.

The maner of making fo­
rests, as the same author well set­
teth downe, parte. 1. pag. 142. is
this. The king sendeth out his
commission vnder the broad seale
of England, directed to certaine
discreete persons, for the view, per­
rambulation, meering & boun­
ding of the place, that he mind­
eth to afforest; which returned
into the chauncerie, proclamati­
on is made throughout all the
Shire, where the ground lieth,
that none shal hunt or chace any
maner of wilde bests within that
precinct, without the kings spe­
ciall licence, after which he ap­
pointeth ordinances, lawes, and
officers, fit for the preseruation
of the vert and venison: and so
becommeth this a forest by ma­
ter of record. The properties of a
forest are these in speciall, first, a
forest, as it is truly and strictly
taken, cannot be in the hands of
any but the king: the reason is
giuen by M. Manwood , because
none hath power to graunt com­
mission to a Iustice in Eire for
the forest, but the king. parte. 1.









pag. 87. The second propertie,
be the courts, as the Iustice seate
every three yeare, the Swaine­
moote thrice every yeare : Idem
eodem pag. 90. & parte 2. ca. 1. nu.
4. & 5. and the attachement,
once every fortie daies. Idem eod.
pag. 92. The third propertie may
be the officers belonging vnto
it, for the preservation of the
vert and venison, as first the Iu­
stices of the forest, the warden
or keeper, the verders, the fori­
sters, Agistours, Regarders,
Bailiffes, Bedels and such like,
which you may see in their pla­
ces. See Manwood part. 2. ca. 1. nu.
4. & 5. But the cheife propertie
of a forest, both by M. Manwood.
parte 1. pa. 144. and M. Crompton
pag. 146. is the Swainmote,
which (as they both agree) is no
lesse incident vnto it, then the
court of Pyepowders to a faire. O­
ther courts and offices are not so
requisite, in those forests that are
in the hands of subiects, because
they be not truly forests: but if
this faile, then is there no thing
of a forest remaining, but it is
turned into the nature of a
chace. See Chace. I reade of thus
many forests in England. The
forest of Windsour in Berkshire:
Cambd. Britan. pag. 213. of Picke­
ring. Crompton 190. of Shirwood i­
dem fol. 202. of Englewood in Cum­
berland. anno. 4 H. 7. ca. 6. &
Crompton fol. 42. of Lancaster. I­
dem. fol. 196. of Wolemore. Stowes
Annals. pag. 462. of Gillingham.
Idem. pag. 113. of Knaresbo­
row. anno. 21. H. 8. ca. 17. of Wal­
tham. Camd. pag. 328. of Breden.
Idem, pag. 176. of Whiteharte
Idem, pag. 150. of Wiersdale. I­
dem pag. 589. and Lownsedall ibi­
dem. of Deane. Idem. pag. 266. &
& anno 8. H. 6. ca. 27. & anno 19.
H. 7. cap. 8. of Saint Leonards in
Southsex. Manwood parte. 1. pa.
144. of Waybridge & Sapler.
Idem. eodem. pa. 63. of Whitvey.
pag. 8 1. of Fekenham, Camd. pa 441.
of Rockingham. Idem pag. 396.
Forest de la mer. Idem, pag. 467. of
Huckstowe. Idem pa. 456. of Haye.
Manwood part. 1. pag. 144. of Cant­
selly, eadem pag. of Ashdowne in
the county of Sussex. anno. 3 7. H.
8. ca. 16. Forests of Whittil­
wood and Swasie in the countie
of Northampton. anno 33. H. 8. ca.
38. of Fronselwood in com. Somer­
set. Cooke li. 2. Cromw. case. f. 71. b.
I heare also of the forest of
Exmore, in Deuonshire. There
may be more which he that
listeth, may looke for. 

Forester (forestarius) is a sworn
officer of the Forest, appoin­
ted by the Kings leters pa­
tents, to walke the forest both
earely and late, watching both
the vert and venison, attaching
and presenting all trespassers
against them, within their owne
bayliwicke or walke: whose
oath you may see in Crompton.









fol. 201. And though these le­
ters patents be ordinarily graun­
ted, but quam diu bene se gesserint ,
yet some haue this graunt to them
and their heires, and thereby
are called Foristers or Fosters in
fee. Idem, fol. 15 7. & 159. Et
Manwood parte prima. pag. 220.
whome in Latine Crompton cal­
leth Foristarium feudi. fol. 175. 

Foreiudger, (forisiudicatio) sig­
nifieth in the common lawe,
a iudgement, whereby a man
is depriued, or put by the thing
in question. It seemeth to bee
compounded of (fors. i. præter)
& (iuger. i. iudicare.) Bracton lib.
4. tract. 3. cap. 5. hath these
words : Et non permittas quòd A.
capitalis dominus feudi illius, ha­
beat custodiam hæredis, &c. quia in
Curia nostra forisiudicatur de cu­
stodia, &c. So doth Kitchin vse it.
fol. 209. and old nat. bre. fol. 44.
& 81. and the statute. anno 5.
Ed. 3. cap. 9. and anno 21. R. 2.
cap. 12. Foriudicatus with authors
of other nations signifieth as
much as (banished) or as (deporta­
tus) in the auncient Romaine
lawe, as appeareth by Vincentius
de Franchis, descis. 102. Mathæus
de Afflictis. lib. 3. feudorum. Rub.
31. pag. 625. 

Foregoers be pourveyours, go­
ing before the king or queene,
being in progresse, to prouide for
them, anno 36. Ed. 3. cap. 5. 

Forfeiture, (forisfactura) com­
meth of the French word (for­
faict. i. scelus) but signifieth in
our language, rather the effect of
transgressing a penall lawe,
then the transgression it selfe: as
forfeiture of Escheates. anno 25.
Ed. 3. cap. 2. Statut. de Proditio­
nibus. Goods confiscate, and
goods forfeited differ. Stawnf.
pl. cor fol. 186. where those seeme
to be forfeited, that haue a
knowne owner, hauing commit­
ted any thing whereby he hath
lost his goods; and those con­
fiscate, that are disavowed by an
offendour, as not his owne, nor
claymed by any other. I thinke
rather, that forfeiture is more
generall, and confiscation parti­
cular, to such as forfeit onely to
the Princes Exchequer. Reade
the whole chapter. lib. 3. cap. 24.
Full forfeiture (plena forisfactura)
otherwise called (plena vita) is
forfeiture of life and member,
and all else that a man hath.
Manwood parte prim. pag. 341.
The Canon Lawyers vse also
this word. For forisfacta sunt pecu­
niariæ pœnæ delinquentium. Glos. in
cap. Præsbyteri, extra. de pœnis. 

Forfeiture of mariage, (forisfa­
ctura maritagii) is a writ lying a­
gainst him, who houlding by
knights seruice, and being vnder
age and vnmaried, refuseth her,
whome the Lord offereth him,
without his disparagement, and
marieth another. Fitzh nat. br. fol.









141. H. I. K. L. Register orig. fol.
163. b. 

Forfeng, quietantiam prioris prisæ
designat: in hoc enim delinquunt
Burgenses Londonenses, cum prisas
su is ante prisas regis faciunt. Fle­
ta lib. 1. cap. 47. 

Forgerie. See here next fol­
lowing, Forger of false deeds.

Forger of false deedes , com­
meth of the french (Forger). i.
accudere, fabricare, conflare , to
beate one an anvile, to fashion,
to bring into shape, and signifi­
eth in our common law, either
him that fraudulently maketh
and publisheth false writings, to
the preiudice of any mans
right, or else the writ that lyeth
against him, that committeth
this offence. Fitzh. nat. br. fol.
96. B. C. calleth it a writ of de­
ceite. See Tearmes of law, verbo
Forger. and Wests Simbol. parte. 2.
Indictments, sectio. 66. See the new
booke of Entries. verbo Forger.
de faits. This is a branch of that
which the ciuilians call crimen
falsi: Nam falsarius est, qui decipi­
endi causa scripta publica falsificat.
Speculator. de crimine falsi. Falsi
crimen propriè dicitur, quod vtilitatis
priuatæ causa factum est. Connanus
li. 5. ca. 7. nu. 4. Ad esse falsitatis
tria requiruntur: mutatio veritatis,
dolus, & quod alteri sit nocivum.
Quorum si alterum desit, falsitas
non est punibilis. Hostiensis, & Azo
in suis summis. 

Forister. See Forester.

Formdon (Breve formatum do­
nationis) is a writ that lyeth for
him, that hath right to any lands
or tenements by vertue of any
entayle, growing from the sta­
tute of Westm. 2. cap. 1. It lyeth
in three sorts, and accordingly
is called forma donationis , or
formdon in the descender: form­
don in the reverter, or formdon in
the remainder. Formdon in the
descender lyeth for the recouery
of lands, &c. giuen to one and
the heyres of his bodie, or to a
man and his wife, and the
heyres of their two bodies, or to
a man and his wife being cosin
to the donour, in franke mari­
age, and afterward alienated by
the Donee. For after his decease
his heyre shall haue this writ a­
gainst the tenent or alienee. Fitz
nat br. fol. 211. He maketh three
sorts of this formdon in the des­
cender: The first is, in the ma­
ner now expressed: the second
is, for the heire of a coparcener,
that alienateth and dieth. fol. 214
The third is called by him (In
simul tenuit) fol. 216. which lyeth
for a coparcener or heire in Ga­
uelkind, before partition against
him, to whome the other copar­
cener or heire hath alienated and
is dead. Formdon in the reuerter,
lyeth for the donour or his
heires, where land entayled to
certaine and their issue, with









condition for want of such issue
to reuert to the donour and his
heires, against him to whom the
Donee alienateth, after the issue
extinct, to which it was entay­
led. Fitzh. nat. br. fol. 219. Form­
don in the remainder lyeth,
where a man giueth landes in
tayle, the remainder to another
in tayle, and afterward the for­
mer tenent in tayle dieth with­
out issue of his bodie, and a
stranger abateth, then he in the
remainder shall haue this writ.
Fitz nat. br. fol. 217. See the
Register original. fol. 238. 242.
243. of this see the new booke
of Entries. verb. Formdon. 

Forsechoke , seemeth to signi­
fie originally as much as forsaken
in our moderne language, or
(derelictum) with the Romaines.
It is especially vsed in one of our
statutes, for land or tenements
seised by the Lord, for want of
seruices due from the tenent: and
so quietly held and possessed be­
yond the yeare and day. As if
we should say, that the tenent
which seeing his land or tene­
ments taken into the Lords
hand, and possessed so long, ta­
keth not the course appointed
by lawe to recouer them, doth
in due presumption of lawe
disavow or forsake whatsoeuer
right he hath vnto them. See the
statute anno 10. Ed. 1. cap. vni­
co. not in OED as headword 

Forstall , is to be quit of a­
merciaments and catels arrested
within your land, and the a­
merciaments thereof comming.
New termes of lawe. 

Forstalling (forstallatio) is part­
ly french, for (Estaller) is in that
tongue, as much as (merces expo­
nere, expedire, explicare) or to
shew wares in a market or faire.
It signifieth in our common law,
the buying or bargaining for a­
ny victuals or wares comming to
be sould toward any faire or
market, or from beyond the seas
toward any city, port, hauen,
creeke, or roade of this realme,
and before the same be there. an­
no. 51. H. 3. stat. 6. West. parte 2.
Simbol. titulo indictments. sect. 64.
Forstaller, in Cromptons Iurisdicti­
on, fol. 153. is vsed for stopping
of a deere broken out of the fo­
rest, from returning home a­
gaine, or laying betweene him
and the forest, in the way that he
is to returne : See Regratours and
Engrossers. See Cromptons Iustice of
peace. fol. 69. a. The author of
the new terms of law defineth it
thus. Forstalling (Forstallamen­
tum) is the buying of corne, cat­
tell, or other merchandies by
the way, as it commeth toward
the faire or market to be sould,
to the intent to sell the same a­
gaine at a more high and deere
price. Fleta saith thus of it, signi­
ficat obtrusionem vtæ vel impedi­









mentum transitus & fugæ auerio­
rum, li. 1. cap. 4 7. 

Fortescue , was a learned Lawyer,
& Lord Chauncelor in Henry the
6. dayes: who writ a booke in
the commendation of our com­
mon lawes. 

Fortlet (forteletum) commeth
nere the french (fortelet. i. va­
lenticulus, forticulus) and signifi­
eth in our common lawe, a
place of some strength. old nat.
br. fol. 4 5. This in other coun­
tries is written (fortalitium)  and
signifieth (castrum.) Scraderus se­
lect. & practabil. quæst. § 1 2. nu.
7. & 8. 

Fother , is a weight of twenty
hundred, which is a waine or
cart loade. Speight in his Annot.
vpon Chawcer. 

Fourche (Afforciare) seemeth
to come of the french, (four­
cher. i. titubare liuguâ) and signi­
fieth in our common lawe, a
putting off, prolonging, or de­
lay of an action. And it appea­
reth no vnpleasant metaphor: for
as by stammering we draw out
our speech, not deliuering that
we haue to say in ordinary time,
so by fourching we prolong a
suite that might be ended in a
shorter space. To fourch by es­
soine. Westm. 1. cap. 24. anno 3.
E d. prim. where you haue words
to this effect: Coparceners, Ioint­
tenants , and Tenents in common,
may not fourch by essoine, to es­
soine seuerally, but haue only
one essoine, as one sole tenent
may haue. And anno 6. Ed. 1. ca.
10. you haue it vsed in like
sort. 

Foutgeld , is a word compoun­
ded of these two German words
(fous. i. pes , and (gyldan. i. solvere)
and it signifieth an amercement
for not cutting out the balles of
great dogges feet in the forest.
See Expeditate. And to be quit
of footegeld is a priuiledge to
keepe dogges within the forest,
vnlawed, without punishment
or controlment. Cromptons Iuris­
dict. fol. 197. Manwood parte pri.
of his forest lawes, pag. 86. 

Fowles of warren. See War­
ren. 

Founder , is he that melteth
mettall, and maketh any thing
of it, by casting it into a mold,
&c. anno 1 7. Rich. 2. cap. 1. deri­
ued of the verbe (fundere) to
powre. 

Franchise, (libertas, franchesia)
 commeth of the french (fran­
chise) so signifiing: it is taken
with vs for a priuiledge, or an
exemption from ordinarie iuris­
diction, and sometime an immu­
nitie from tribute. It is either
personall or reall. Cromp. Iurisd.
fol. 1 41. that is belonging to a
person immediatly, or else by
meanes of this or that place, or
court of immunitie, whereof
he is either chiefe or a member.









In what particular things fran­
chises commonly consist, See
Britton cap. 19. Franchise royall
anno 15. R. 2. cap. 4. & anno 2. H.
5. cap. 7. in fine , seemeth to bee
that, where the kings writs runne
not: as Chester and Durham , they
are called Seignories royall. an.
28. H. 6. cap. 4. The authour of
the new Termes of lawe saith,
that franches royall is, where the
King graunteth to one and his
heires, that they shall be quit
of tolle or such like: See franchise
in the new booke of Entries. See
Bracton lib. 2. cap. 5. See Sac.

Frank almoine (libera Eleemo­
zyna) in french (frank Ausmone)
signifieth in our common lawe,
a tenure or title of lands. Britton
cap. 66. nu. 5. saith thus of it:
Franke almoyne is lands or tene­
ments bestowed vpon God, that
is, giuen to such people, as be­
stow themselues in the seruice
of God, for pure and perpetuall
almes: whence the feoffours or
giuers cannot demaund any ter­
restriall seruice, so long as the
lands. &c remaine in the handes
of the feoffees. With this agre­
eth the grand custumary of Nor­
mandie. cap. 32. Of this you may
reade Bracton at large. lib. 2. cap.
5. & 10. See Fitzh. nat. br. fol.
211. See the new booke of En­
tries. verbo. Franke Almoine. But
Britton maketh another kind of
this land, &c. which is giuen in
almes, but not free almes: be­
cause the tenents in this are tyed
in certain seruices to the feoffor,
Britton vbi supra. 

Frank bank (francus bancus) in
true french, (franc banc) signifi­
eth, word for word, a free bench
or seate: and among our lawe
writers, it seemeth to be vsed for
copyhold lands, that the wife
being espoused a virgin, hath af­
ter the decease of her husband
for her dower. Kitchin fol. 102.
Bracton lib. 4. tract. 6. cap. 13. nu.
2. hath these wordes: Consuetu­
do est in partibus illis, quòd vxores
maritorum defunctorum habeant
francum bancum suum de terris
sockmannorum, & tenent nomine do­
tis. Fitzher. calleth it a custome,
whereby in certaine cities the
wife shall haue her husbands
whole lands, &c. for her dower.
Nat. br. fol. 150. P. See Plowden
casu Newis. fol. 411. 

Frank chase, (Libera chasea) is
a libertie of free chase, whereby
all men hauing ground within
that compasse, are prohibited to
cut downe wood, or discouer,
&c. without the view of the fo­
rester, though it be his owne
demesne. Cromptons Iurisdictions,
fol. 187. 

Frank fee (feudum francum,
seu liberum) is by Brooke tit. De­
mesn. num. 32. thus expressed:
That which is in the hand of the
King or Lord of any maner,









being auncient demesn of the
Crowne (viz. the Demesnes) is
called frank fee , and that which
is in the hands of the tenents, is
auncient demesn onely: see the
Register original. fol. 12. a. Where­
by it seemeth, that that is frank
fee, which a man holdeth at the
common lawe to himselfe and
his heires, and not by such ser­
uice as is required in auncient
demesn, according to the cu­
stome of the maner. And again,
I find in the same booke, fol. 14.
b. a note to this effect, that the
lands which were in the handes
of king Edward the Saint, at the
making of the booke called
Doomesday , is auncient demesn:
and that all the rest in the realme
is called frank fee: with the
which note Fitzherb. agreeth, na.
br. fol. 161. E. So that all the
land in the realme, by this rea­
son, is either auncient demesn, or
frank fee. The new expoun­
der of the lawe termes defi­
neth frank fee, to be a tenure
in fee simple, of lands pleada­
ble at the common lawe, and not
in auncient demesn: See Fachi­
neus. lib. 7. cap. 39. who defineth
feudum francum esse, pro quo nullum
seruitium præstatur Domino : with
whom agreeth Zasius de feudis.
parte 1 2. saying, that therefore it
is feudum improprium, quia ab om­
ni servitio liberum. 

Frank ferme (Firma libera) is
land or tenement, wherein the
nature of fee is chaunged by feof­
ment, out of knights seruice, for
certaine yearely seruices, and
whence neither homage, ward­
ship, mariage, nor releife may
be demaunded, nor any other
seruice not contained in the feof­
ment. Britton. ca. 66. nu. 3. see
Fee ferme. 

Frank law (libera lex) See
Cromptons Iustice of peace, fol. 156.
b. where you shall finde what it
is, by the contrary. For he that
for an offence, as conspiracy, &c.
leeseth his franke lawe, is said to
fall into these mischiefs: first, that
he may neuer be impaneled vp­
pon any iury, or assise, or other­
wise vsed in testifiing any truth.
Next, if he haue any thing to doe
in the kings court, he must not
approch thither in person, but
must appoint his attourney.
Thirdly, his lands, goods, and
chatels must be seised into the
kings hands: and his lands must
be estreaped, his trees rooted vp,
and his body committed to pri­
son. For this, the said authour ci­
teth the booke of Assises fo. 59.
Conspiracy. F. 11. 24. Ed. 3. fo.
24. See  Conspiracy.

Frank mariage (liberum maritagium) is
a tenure in taile speciall, growing
from these words in the gift com­
prised: Sciant &c. me M. H de W.
dedisse & concessisse, & præsenti
charta mea confirmasse I. A. filio









meo & Margeriæ vxori eius, filiæ
veræ T. N. in liberum maritagium v­
num messuagium &c. West parte i.
S ymbol. li. 2. sect. 3 03. The effect
of which words is, that they shall
haue the land to them, and the
heires of their bodies, and shall
doe no fealty to the donour, vn­
till the fourth degree. See new
Terms of law. Glanuile li 7. ca.
18. & Bracton li. 2. ca. 7. nu. 4.
where he diuideth maritagium,
in liberum & seruitio obligatum.
See Mariage. Fleta giueth this
reason why the heires doe no
seruice vntill the fourth discent,
ne donatores vel eorum hæredes, per
homagu receptionem, a reuersione re­
pellantur. And why in the fourth
discent and downeward, they
shall doe seruice to the donour,
quia in quarto gradu vehementer
præsumitur, quod terra non est pro
defectu hæredum donatariorum re­
versura, libro tertio. ca. 11. in
princ. 

Frank pledge (Franciplegium) is
compounded of (Franc . i. liber)
and (pleige . i. fideiussor) and signi­
fieth in our common law, a
pledge or surety for free men.
For the auncient custome of En­
gland for the preseruation of the
publique peace, was that euery
free borne man, at fourteene
yeares of age, after Bracton (reli­
gious persons, clerks, knights,
and their eldest sonnes excepted)
should finde suerty for his truth
toward the King and his sub­
iects, or else be kept in prison,
whereupon a certaine number
of neighbours became customa­
bly bound one for another, to
see each man of their pledge
forthcomming at all times, or to
answere the transgression com­
mitted by any broken away. So
that whosoeuer offended, it was
forthwith inquired in what
pledge he was, and then they of
that pledge, either brought him
forth within 31. daies to his aun­
swere, or satisfied for his offence.
This was called Frank pledge,
causa qua supra. and the circuit
thereof was called Decenna , be­
cause it commonly consisted of
10. houshouldes: And euery par­
ticular person thus mutually
bound for himselfe and his
neighbours, was called Decenni­
er , because he was of one Decen­
na or another: This custome was
so kept, that the shyreeues, at
euery county court, did from
time to time take the oaths of
yonge ones, as they grew to the
age of 14. yeares, and see, that
he were combined in one dozen
or another. whereupon this
braunch of the shyreeues autho­
rity was called visus Franciplegii ,
view of frankpledge. See the sta­
tute for view of Frankpledge,
made anno. 18. Ed. 2. See Deoen­
nier, Leete veiw of Frank pledge ,
and Freoborghe. That this disci­









pline is borowed by vs of the
R omane Emperours or rather Lom­
bards , appeareth most manifest­
ly in the second booke of Feuds.
ca. 53. vpon which if you reade
Hotoman , with those authors that
he there recordeth, you will
thinke your labour well be­
stowed. Reade more of this. viz.
what articles were wont to be
inquired of in this court, in
Hornes mirrour of Iustices li. 1. ca.
de la veneudes francs pleges , and
what these articles were in aun­
cient times, see in Fleta. li. 2. ca.
52. 

Fredwit See Fletwit.

Free chapell (libera Capella) by
some opinion, is a chapell
founded within a parish for the
seruice of God, by the deuotion
and liberalitie of some good
man, ouer and aboue the mother
Church, vnto the which it was
free for the parishioners, to com
or not to come, & endowed with
maintenance by the founder,
and therevpon called free: I
haue heard others say, and more
probably, that those only be free
chapels, that are of the Kings
foundation, and by him exemp­
ted from the Iurisdiction of the
Ordinarie: but the King may li­
cence a subiect to found such a
chapell, and by his charter ex­
empt it from the Ordinaries vi­
sitation also. That it is called free
in respect it is exempted from
the iurisdiction of the Diocesan,
appeareth by the Register ori­
ginall. fol. 40. & 41. These cha­
pels were all giuen to the King:
with chaunteries anno. 1. Ed. 6. ca.
14. Free chapell of Saint Martin
le grand. anno. 3. Eduardi 4. capite
quarto. & anno. 4. Eduard. quarti
ca. 7. 

Free hould (liberum tenementum) 
is that land or tenement, which a
man holdeth in fee, fee taile, or at
the least, for terme of life, Bract.
li. 2. ca. 9. The newe expounder
of the lawe termes saith, that
free hold is of 2 sorts. Freehould
in deede, and freehold in lawe:
Freehold in deede, is the reall
possession of land or tenements
in fee, fee tayle, or for
life. Freehould in lawe, is
the right that a man hath
to such land or tenements
before his entry or seisure. I haue
heard it likewise extended to
those offices, which a man hol­
deth either infee or for terme of
life. Britton defineth it to this
effect. Frank tenement is a posses­
sion of the soile, or seruices is­
suing out of the soile, which a
free man holdeth in fee to him
and his heires, or at the least, for
tearme of his life, though the
soile be charged with free ser­
vices or others. ca. 32. Free hold
is sometime taken in opposition
to villenage. Bract. li , 4. ca. 37.
& 38. M. Lamberd (in his ex­









plication of Saxon words, ver­
bo Terra ex scripto) saith, that land
in the Saxons time was called
either Bockland , that is holden
by booke or writing: or Folc­
land , that is holden without wri­
ting: The former, he reporteth,
was held with farre better con­
ditions, and by the beter sort of
tenents, as noble men and gen­
tlemen, being such as we nowe
call free hould: the later was
commonly in the possession of
clownes, being that which wee
nowe call at the will of the
Lord: I finde in the Register iu­
diciall. fol. 68. a. and in diuers
other places, that he which hol­
deth land vpon an execution of
a Statute merchant, vntill he
be satisfied the debt. tenet vt
liberum tenementum sibi & ossig­
natis suis. and fol. 73. b. I reade
the same of a tenent per elegit ;
where I thinke the meaning is
not, that such tenents be free­
houlders, but as freehoulders
for their time, that is vntill they
haue gathered profits to the va­
lue of their debt. Freehoulders in
the auncient lawes of Scotland,
were called Milites. Skene de verb.
signif. verb. Milites : The D. & Stu­
dent saith, that the possession of
land, after the lawe of England,
is called franck tenement, or free
hould. fol 97. a. 

Frenchman (Francigena) was
wont to be vsed for euerie out­
landish man. Bracton. lib. 3. tract.
2. cap. 1 5. See Englecerie. 

Frendwite, vel Infeng, significat
quietantiam prioris prisæ ratione
convivii , Fleta li. 1. ca. 47. not in OED as headword

Frendles man , was wont to be
the Saxon word for him, whome
we call an outlawe. And the rea­
son thereof I take to be: because
he was vpon his exclusion from
the kings peace and prote­
ction, denied all helpe of freinds,
after certaine daies. Nam foris­
fecit amicos. Bract. li. 3. tract. 2. ca.
12. nu. 1. whose words are these.
Talem vocant Angli(vtlaugh) &
alio nomine antiquitus solet nomina­
ri, so: Frendles man: & sic videtur
quod forisfecit amicos: & vnde si
quis talem post vtlagariam & ex­
pulsionem scienter paverit, recepta­
verit, vel scienter communicaverit a­
liquo modo, vel receptauerit, vel oc­
cultauerit, eadem pænâ puniri debet,
quâ puniretur vtlagatus: ita quod
careat omnibus bonis suis & vita,
nisi Rex ei parcat de sua gratia. 

Fresh disseisin (Frisca disseisina)
 commeth of the french (Fraiz. i.
recens) and (disseisir . i. posessione
eiicere) It seemeth to signifie in
our common law, that disseisin
that a man may seeke to defeate
of himselfe, and by his owne
power, without the helpe of the
king or his iudges, Britton. ca. 5.
& that is such disseisin, as is not
aboue 15. daies olde. Bract. li. 4.
ca. 5. whome you may reade at









large of this mater, concluding
that it is arbitrarie, and so doth
Britton. ca. 65. but ca. 43. he see­
meth to say, that in one case it is
a yeare. See him also ca. 44. 

Fresh fine , is that which was
levied within a yeare past,
Westm. 2. cap. 4 5. an. 13. Ed. 1. 

Fresh force (Frisca fortia) is a force
done within 40. daies, as it see­
meth by Fitzh. nat. br. fol. 7. C.
For if a man be disseised of any
lands or tenements, within any
city or borough, or deforced
from them after the death of his
auncester, to whome he is heire:
or after the death of his
tenent for life or in taile: he may
within 40. daies after his title
accrued, haue a bille out of the
chauncerie to the Mayor, &c. See
the rest. 

Fresh suite (recens insecutio) is
such a present and earnest fol­
lowing of an offendour, as neuer
ceaseth from the time of the
offence committed or espied, vn­
till he be apprehended. And the
effect of this, in the pursuite of a
felon, is, that the partie persiew­
ing shall haue his goods resto­
red him agine: whereas other­
wise they are the kings. Of this
see Stawnf pl. cor. li. 3. ca. 10. & 12.
where you shall finde handled
at large, what suite is to be ac­
counted fresh, and what not.
And the same author in his first
booke, cap. 27. saith, that fresh
suite may continue for seuen
yeres, See Cookes reportes. l. 3. Rige­
waies case. Fresh suite , seemeth to
be either within the view or
without: for M. Manwood saith,
that vpon fresh suite within the
view, trespassers in the forest may
be attached by the officers per­
siewing them, though without
the limits and boundes of the
forest. parte 2. ca. 19. nu. 4. fol. 121. 

Freobergh: aliâs Fridburgh: a­
liâs Frithborg (Frideburgum) com­
meth of two Saxon words (Freo.
i. liber, ingenuus) and (borgh. i. fi­
deiussor) or of (Frid. i pax) &
(Borgha. i. sponsor) This is other­
wise called after the French
(Franck pledge) the one being
in vse in the Saxons time, the
other sithence the Conquest:
wherefore for the vnderstan­
ding of this, reade Franck pledge.
That it is all one thing, it appea­
reth by M. Lamberd in his ex­
plication of Saxon words, verbo
Centuria and againe in the lawes
of King Edward set out by him,
fol. 1 32. in these words: Præterea
est quædam summa & maxima se­
curitas, per quam omnes statu fir­
missimo sustinentur: viz. vt vnus­
quisque stabiliat se sub fideiussionis
securitate, quam Angli vocant
(Freoborghes) soli tamen Eboracen­
ses, dicunt eandem (Tienmannata­
le) quod sonat latine decem homi­
num numerum. Hæc securitas hoc
modo siebat, quòd de omnibus vil­









lis totius regni sub decennali fide­
iussione debebant esse vniuersi: ita
quòd si vnus ex decem forisfecerit,
novem ad rectum eum haberent: quòd
si aufugeret, daretur lege terminus
ei 31. dierum: vt quæsitus interim
& inventus, ad iustitiam Regis ad­
duceretur, & de suo illico restau­
raret damnum quod fecerat. Et si ad
hoc forisfaceret, de corpore suo iu­
stitia fieret. Sed si infra prædictum
terminum inveniri non posset, &c : as
in the booke: Bracton maketh
mention of (Fridburgum. lib. 3.
tract. 2. cap. 10. in these words:
Archiepiscopi, Episcopi, Comites, &
Barones, & omnes qui habent Soc,
& Sak. Tol, & Team, & huiusmo­
di libertates, milites suos & proprios
servientes, armigeros sc. dapiferos,
& pincernas, camerarios, coquos, pi­
stores, sub suo Fridburgo habere de­
bent. Item & isti suos Armigeros,
& alios sibi servientes. Quòd si cui
forisfecerint, ipsi domini sui habeant
eos ad rectum, et si non habuerint,
solvant pro eis forisfacturam. Et sic
obseruandum erit de omnibus aliis,
qui sunt de alicuius manupastu. Out
of these words, I learne the
reason, why great men were not
combined in any ordinarie do­
zeine, and that is, because they
were a sufficient assurance for
themselues and for their meniall
seruants: no lesse then the tenne
were one for another in ordi­
narie dozeins. See Frank pledge :
see Skene de verborum significatio­
ne. verbo. Freiborgh. Fleta writeth
this word (frithborgh) and vseth
it for the principall man, or at
the least, for a man of euery do­
zein. Frithborgh (saith he) est
laudabilis homo testimonii liber vel
servus, per quem omnes iuxta ipsum
commorantes firmiori pace susten­
tentur sub stabilitate fideiussionis e­
ius vel alterius per denarium nume­
rum, vnde quilibet quasi plegius al­
terius: ita quod si vnus feloniam fe­
cerit, novem tenentur ipsum ad
standum recto præsentare. lib. 1. ca.
47. §. Frithborgh. See Roger Ho­
veden, parte poster. suorum annal.
in Henrico secundo. fol. 345. a. b. 

Frier (frater) commeth of the
French (frere) there be foure or­
ders reckoned of them. anno 4.
H. 4. cap. 17. viz. Minours, Au­
gustines, Preachers, and Car­
melites, the foure principall or­
ders, of which the rest descend.
See in Zechius de rep. ecc. pag. 380
Looke Linwood. titulo de relig. do­
mibus. cap. 1. verb. Sancti Au­
gustin. 

Frier observant (frater obser­
vans) is an order of Franciscans:
for the better vnderstanding of
whom, it is to be noted, that of
those 4. orders mentioned in the
word (Frier ,) the Franciscans,
are minores tam Obseruantes quàm
Conventuales & Capuchini. Zec­
chus de Repub. Eccl. tract. de regu­
lar. cap. 2. These Friers obser­
vant, you find spoken of anno 25.









H. 8. cap. 12. who be called
observants, because they are
not combined together in any
cloyster, covent, or corporation
as the Conuentuals are: but only
tye themselues to obserue the
rites of their order, and more
strictly then the Conuentuals
doe: and vpon a singularitie of
zeale, separate themselues from
them, liuing in certaine places,
and companies of their owne
chusing. And of these you may
reade Hospinian. de orig. & progr.
Monachatus. fol. 878. cap. 38. not in OED as headword

Friperer , is taken from the
French (fripier) interpolator , one
that scowreth vp and cleanseth
old apparell to sell againe. This
word is vsed for a bastardly kind
of broker. anno 1. Iaco. cap. 21. 

Frithborgh , see Freeborgh.

Frithsoken , signifieth surety of
defence, as Saxon saith in the
description of England, cap. 12.
It seemeth to come of these two
Saxon words, frith , or frid , or
(fred.) i. pax, & (soken. i. quærere.)
Fleta tearmeth it frithsokne, vel
forsokne , yeelding this reason,
Quòd significat libertatem habendi
franci plegii. 

Fuer (fuga) commeth of the
French (fuir , i. fugere) though
it be a verbe, yet it is vsed sub­
stantiuely in our common law,
and is twofold : fuer in feit, (in
facto) when a man doth appa­
rently and corporally flie, and
fuer in ley, (in lege) when being
called in the countie, he appea­
reth not vntill he be outlawed:
for this is flight in interpretation
of law. Staw nf. pl. cor. lib. 3. c. 22. 

Fugitiues goods, (bona fugitiuo­
rum) be the proper goods of him
that flyeth vpon felonie, which
after the flight lawfully found,
do belong to the king. Coke vol.
6. fol. 109. b. 

Furlong, (ferlingum terræ) is
a quantitie of grounde con­
taining twenty lugs or poles
in length, and euery pole 16
foote and a halfe, eight of
which furlongs make a mile,
anno 35. Ed. 1. cap. 6. It is o­
therwise the eighth part of an
acre. See Acre. In the former
signification the Romanes call it
(stadium ,) in the later (iuge­
rum.) This measure which wee
call a pole, is also called a perch,
& differeth in length, according
to the custome of the countrey.
See Perch.

Furre (furrura) commeth of
the French (fourrer. i. pellicu­
lare) to line with skinnes. Of
furre I find diuers strange kinds
in the statute. anno 24. H. 8. cap.
13. as of sables, which is a
rich furre of colour betweene
blacke and browne, being the
skinne of a beast called a Sa­
ble, of quantitie betweene a
Polecat and an ordinarie cat,
and of fashion like a Polecat,









bred in Ruscia , but most and the
best in Tartaria. Lucerns, which
is the skinne of a beast so
called, being nere the bignes of
a wolfe, of colour betweene
red and browne, something
mayled like a cat, and mingled
with blacke spottes, bred in
Muscovie and Ruscia , & is a very
rich furre. Genets, that is the
skinne of a beast so called, of
bignes betweene a cat and a
wesell, mayled like a cat, and
of the nature of a cat, bred
in Spaine. Whereof there bee
two kinds, blacke, and gray, and
the blacke the more precious
furre, hauing blacke spots vpon
it hardly to be seene. Foines, is
of fashion like the Sable bred
in Fraunce for the most part; the
toppe of the furre is blacke, and
the ground whitish. Marterne,
is a beast very like the Sable, the
skinne something courser, it li­
ueth in all countries that be
not too cold, as England, Ire­
land, &c. and the best be in Ire­
land. Miniuer, is nothing but the
bellies of Squirels, as some men
say: others say, it is a litle vermin
like vnto a Wesell milke white,
and commeth from Muscovie.
Fitch, is that which we otherwise
call the Polecat here in England.
Shankes, be the skinne of the
shanke or legge of a kind of
Kidde which beareth the furre,
that we call Budge. Calaber, is
a litle beast, in bignes about the
quantitie of a squirell, of colour
gray, and bred especially in high
Germanie. 


G

GAbell (gabella, gablum) com­
meth of the French (ga­
belle. i. vectigal) and hath the
same signification among our
old Writers, that (gabelle) hath
in Fraunce , for M. Camden in
his Britannia. pag. 213. speaking
of Wallingford , hath these words:
Continebat 276. hagas. i. domos
reddentes novem libras de gablo :
and pag. 282. of Oxford , these:
Hæc vrbs reddebat pro telonio &
gablo, & aliis consuetudinibus per
annum, Regi quidem viginti libras,
& sex sextarios mellis: Comiti verò
Algaro decem libras. Gabella (as
Cassanæus defineth it, de consuetu.
Burgund. pag. 119. Est vectigal
quod solvitur pro bonis mobilibus, id
est, prohiis quæ vehuntur , distin­
guishing it from Tributum, quia
Tributum est propriè, quod fisco vel
Principi solvitur pro rebus immobi­
libus. 

Gage, (vadium) commeth of
the French (gager. i. dare pig­
nus, pignore certare) and is it selfe
a French word nothing changed,
but in pronunciation. It signi­
fieth with vs also a pawne or
pledge. Glanvile lib. 10. cap. 6.
where he saith thus : Quandoque









res mobiles ponuntur in vadium,
quandoque res immobiles , and a li­
tle after that, thus: Invadiatur
res quandoque ad terminum, quan­
doque sine termino. Item quando­
que invadiatur res aliqua in mortuo
vadio, quandoque non. And from
that chapter to the end of the
twelfth in the same booke, he
handleth this only thing. Though
the word (gage) be retained as
it is a substantiue, yet as it is a
verbe, the vse hath turned the G.
into W. so as it is oftener written
(wage :) as to wage deliuerance,
that is, to giue securitie that a
thing shall be deliuered. For if
he that distrained, being siewed,
haue not deliuered the catell that
were distrained, then he shall
not onely avow the distresse, but
(gager deliuerance) i. put in sure­
tie, that he will deliuer the ca­
tell distrained. Fitzh. nat. br. fol.
74. D. & 67. F. whome see also
fol. 67. F. G. yet in some cases,
he shall not by tyed to make
this securitie: as if the catell died
in pound. Kitchin fol. 145. or if
he claime a propertie in the ca­
tell siewed for. Termes of the
lawe. To wage lawe what it is,
see in his place. verbo. Lawe.
See Mortgage.

Gager deliuerance. See Gage.

Gayle. See  Gaoll.

Gainage, (Wainagium) is neere
to the French (Gaignage. i. quæ­
sius, lucrum ,) and signifieth in
our common lawe, the land held
by the baser kind of Sokemen or
villeines. Bract. lib. 1. cap. 9.
where he hath these words, spea­
king of seruants: Et in hoc legem
habent contra dominos, quòd stare
possunt in iudicio contra eos de vita
& membris propter sæuitiam domi­
norum, vel propter intolerabilem in­
iuriam. Vt si eos distruant, quòd
salvum non possit eis esse Wainagium
suum. Hoc autem verum est de illis
servis, qui tenent in antiquo domi­
nico coronæ. And againe, lib. 3.
tract. 2. cap. 1 Miles & liber homo
non amerciabitur nisi secundum mo­
dum delicti secundum quod delictum
fuit magnum vel parvum, & salvo
contenemento suo: Mercator verò,
non nisi salva mercandiza sua: &
villanus, non nisi salvo Wainagio
suo. This in Westm. 1. cap. 6. an.
3. Ed. prim. is called Gaynure:
and againe, cap. 17. and in magna
charta, cap. 14. it is called wai­
nage. I find it in the old. nat. br.
fol. 117. called Gainor. viz. in
these words: The writ of Aile
was præcipe, &c. quòd reddat vnam
bovetam terræ, & vnam bovatam
marisci : and the writ was abated
for that the oxegang is alwaies
of a thing that lyeth in gainor.
I thinke this word was vsed of
lands vsually plowed, because
they that had it in occupation,
had nothing of it but the profit
and fruite raised of it by their
owne paines, toward their suste­









nance, nor any other title, but
at the Lords will. Gainor again
in the same booke, fol. 12. is
vsed for a Sokeman, that hath
such land in his occupation. In
the 32. chapter of the Grand
Custumarie of Normandie: Gaig­
neurs be ruricolæ qui terras eleemo­
zinatas possident : and Britton vseth
gainer, for to plow or till,
fol. 65. a. & 42. b. West parte 2.
symbol. titulo, Recoueries. sect. 3.
hath these words : A præcipe quòd
reddat , lyeth not in Bovata ma­
risci. 1 3. Ed. 3. fol. 3. nor de seli­
one terræ. Ed. 1. for the vncer­
taintie: because a selion, which is
a land, sometime containeth an
acre, sometime halfe an acre,
sometime more, and sometime
lesse. It lyeth not of a garden,
cotage, or croft. 14. Assis. 13. 8.
H. 63. 22. Ed. 4. 13. de virgata
terræ. 41. 43. 13. Ed. 3. de fodina,
de minera, de mercatu. 13. E. 3.
for they bee not in demesn:
but in gaine, &c. Lastly, in the
statute of Distresses in the Ex­
chequer. anno 51. H. 3. I find
these words. No man of reli­
gion, nor other, shall be di­
streined by his beasts that gaine
the land. 

Galege, (galicæ) seemeth to
come of the French, (galloches)
which signifieth a certaine kinde
of shoo worne by the Gaules
in foule weather of old times. I
find it vsed for some such imple­
ment. anno 4. Ed. 4. cap. 7. & anno
14. & 15. H. 8. cap. 9. where it
is written plainely.  Galoches.

Galingal (cyperus) is a medici­
nall herbe, the nature and di­
uersitie whereof is expressed in
Gerards herball. lib. 1. cap. 22.
The roote of this is mentioned
for a drugge to be garbled. anno
1. Iaco. cap. 19. 

Gallihalpens , were a kind of
coine forbidden by the statute.
anno 3. H. 5. cap. 1. not in OED as headword

Galloches. See Galege.

Gals, (Gallæ) be a kind of hard
fruite like a nutte, but rounder,
growing of the tree called in la­
tine (galla.) The diuers kinds and
vses whereof Gerard expresseth
in his Herball. lib. 3. cap. 34.
This is a drugge to be garbled.
anno 1. Iaco. cap. 19. this definition not found in OED

Gaol, (gaola) commeth of the
French (Geole. i. caveola) a cage
for birds, but is metaphorically
vsed for a prison. Thence com­
meth (Geolier) whome we call
Gayler or Gaoler. 

Garbe (garba) commeth of
the French (garbe, aliâs, gerbe. 1.
fascis.) It signifieth with vs, a
bundle or sheafe of corne.
Charta de foresta. cap. 7. and gar­
ba sagittarum , is a sheafe of ar­
rowes. Skene de verb. signif. ver­
bo, Garba. 

Garbling of bow-staues. anno 1.
R. 3. cap. 11. is the sorting or
culling out the good from the









bad. As garbling of spice, is no­
thing but to purifie it from
the drosse and dust that is mixed
with it. It may seeme to pro­
ceed from the Italian (garbo) that
is, finenesse, neatnesse. 

Gard, (Custodia) commeth of
the French, (garde) being all
of one signification. It signifieth
in our common lawe, a custodie
or care of defence: but hath
diuers applications: sometimes
to those that attend vpon the
safetie of the Prince, called
Yeomen of the Guard: somtime
to such as haue the education of
children vnder age, or of an
Idiot: sometime to a writte
touching wardshippe. Which
writs are of three sorts: one cal­
led a right of guard or ward, in
French, droit de gard, Fitzh. nat.
br. fol. 139. the second is eie­
ctment de gard. Idem fol. 139. L.
the third, is rauishment de gard.
Idem fol. 140. F. G. See Gardem ,
see Ward.

Gardein (Custos) commeth of
the French (gardien ,) and yet
the German (Warden) is neare
vnto it. It signifieth generally
him, that hath the charge or cu­
stodie of any person or thing:
but most notoriously him, that
hath the education or prote­
ction of such people, as are not
of sufficient discretion, to guide
themselues and their owne af­
faires, as children and Idiots:
being indeede as largely exten­
ded, as both (Tutor and Curator)
among the Civilians. For where­
as Tutor is he, that hath the
gouernment of a youth, vntill
he come to 14. yeares of
age, and Curator , he that hath
the disposition and ordering of
his substance afterward, vntil he
attaine to 25. yeares: or that
hath the charge of a franticke
person during his lunacie: the
common Lawyers vse but onely
Gardien or Gardian for both
these. And for the better vnder­
standing of our English lawe in
this thing, you must know, that
as tutor is either testamentarius , or
à Prætore datus ex lege Atilia , or
lastly, legitimus: so we haue three
sortes of Gardeines in England.
one ordained by the father in his
last will, another appointed by
the Iudge afterward, the third
cast vpon the Minor by the lawe
and custome of the land. Tou­
ching the first, a man hauing
goods and chatels neuer so ma­
ny, may appoint a gardein to
the bodie or person of his child,
by his last will and testament, vn­
till he come to the age of four­
teene yeares, and so the dispo­
sing or ordering of his substance,
vntill what time he thinketh
meet, and that is most common­
ly to the age of 21. yeares. The
same may he do, if he haue lands
to neuer so great a valew, so they









hold not in capite of the king,
nor of any other Lord, by
knights seruice. And in the for­
mer case, if the father appoint
no Gardein to his child, the Or­
dinarie may appoint one to or­
der his moueables and chatels,
vntill the age of 14. yeares: at
which time he may chuse his
guardian, accordingly as by the
the ciuill lawe he may his Cura­
tor. For we hold all one rule with
the Civilians in this case: and
that is, Invito curator non datur.
And for his lands, if he hold any
by copie of court rolle, com­
monly the Lord of the fee ap­
pointeth him a guardian, vntill
he come to the age of 14. yeres,
and that is one, next of kind to
the Minor of that side, that can
hope for least profit by his death.
If he hold by charter in socage,
then the next of kind on that side
by which the land commeth not
is the guardian: and hereupon
called guardian in socage. And
that which is said here of socage
seemeth to be true likewise in pe­
tit sergeantie. anno vicesimo octauo.
Edvardi primi. statuto primo.
And the reason of this, For­
tescue giueth in his booke, in­
tituled, A commendation of the
politique lawes of England. cap. 44.
viz. because there might be sus­
pition, if the next kinsman on
that side by which the land des­
cendeth, should haue the custody
and education of the child, that
for desire of his land, he might
be entised to worke him some
mischiefe. Lastly, if a man dye
seised of lands, holding by
knights seruice, leauing his heire
in minoritie, that is, vnder 21.
yeares: the Lord of the fee hath,
by law, the custodie both of the
heire and his land, vntill he come
to age. See the statute, anno 28.
Ed. prim. statut. prim. And the rea­
son of this, Fortescue likewise gi­
ueth, for that hee to whom by
his tenure he oweth knights ser­
uice, when he can performe it,
is likeliest to traine him vp in
martiall and ingenious disci­
pline, vntill he be of abilitie. But
Polidore Virgil in his Chronicle,
lib. 16. saith, that this was No­
vum vectigalis genus excogitatum ,
to helpe Henry the third , being
oppressed much with pouertie,
by reason he receiued the king­
dome much wasted by the wars
of his auncestours: and therefore
needing extraordinarie helpe to
vphold his estate: yet the 33.
chapter of the Grand Custumary
maketh mention of this to haue
bene vsed by the Normans : and
I thinke this the truer opinion.
Here it is to be obserued, whe­
ther land in knights seruice hold
in capite , or of another Lord, or
some of the King, and some of
another. If of the king, whether
of the king alone or not, all is









one. For the king in this case is
guardian to the heires both
person and land by his pre­
rogatiue. Stawnf prærog. cap. 1.
If he hould of a common
Lord, it is either of one alone or
more; if of one onely, then is he
guardian of both person and
lands; if of more, then the
Lord of whome he houldeth
by the elder tenure, is guar­
dian of the person, and euery
one of the rest hath the cu­
stodie of the land holden of him
selfe. If the prioritie of the te­
nure cannot be discerned, then is
he guardian of the person, that
first happeth him. Termes of the
lawe. Stawnf. vbi supra. whom
you may reade more at large:
which Author fol. 19. maketh
mention of gardeyn in feit , and
Gardeyn in droit : that is, in deed,
and in lawe: I take the first to
be him that hath purchased, or
otherwise obtained the ward of
the Lord of whom the land hol­
deth: the second, him that hath
the right by his inheritance
and seignorie. old. nat. br. fol. 94.
Then is there gardein per cause de
gard , which is he that hath the
wardship of a Minor, because
he is guardian of his Lord being
likewise in minoritie. Stawnf. vbi
supra. fol. 15. Of this you may
reade Skene de verb. signif. verbo
Varda. by whom you may learn
great affinitie, and yet some dif­
ference betweene the lawe of
Scotland , and ours in this
point. 

Guardia , is a word vsed among
the Feudists, for the Latine (cu­
stodia ,) and guardianus seu guar­
dio dicitur ille, cui custodia commis­
sa est. lib. Feudo. 1. titulo. 2. &
tit. 11. 

Gardeyn of the spiritualties,
(Custos spiritualium, vel spirituali­
tatis) is he to whom the spirituall
iurisdiction of any Diocesse is
committed, during the vacancy
of the see. anno 25. H. 8. cap. 21.
And I take, that the guardeyn of
the spiritualties, may be either
Guardeyn in lawe, or Iure Magi­
stratus , as the Archbishop is of
any Dioces within his prouince,
or guardian by delegation, as he
whom the Archbishop or Vicar
generall doth for the time de­
pute. 

Gardeyn of the peace, (Custos
pacis.) See  Conservatour of the
peace.

Gardeyn of the Cinque ports,
(Gardianus quinque portuum) is a
Magistrate that hath the iurisdi­
ction of those hauens in the east
part of England , which are com­
monly called the Cinque ports,
that is, the fiue hauens: who there
hath all that iurisdiction, that the
Admirall of England hath in pla­
ces not exempt. The reason why
one Magistrate should be assig­
ned to these few hauens, seemeth









to be, because they in respect
of their situation, aunciently re­
quired a more vigilant care, then
other hauens, being in greater
daunger of invasion by our ene­
mies, by reason that the sea is
narrower there then in any o­
ther place. M. Camden in his
Britannia, pag. 238. saith, that
the Romaines , after they had
setled themselues and their Em­
pire here in England , appointed
a Magistrate or gouernour ouer
those East partes, whom they
tearmed Comitem littoris Saxo­
nici per Britanniam , hauing ano­
ther that did beare the same ti­
tle on the opposite part of the
sea: whose office was to streng­
then the sea coasts with muni­
tion, against the outrages and
robberies of the Barbarians. And
farder signifieth his opinion,
that this Warden of the Cinque
ports, was first erected amongst
vs, in imitation of that Ro­
maine policie. See  Cinque
ports.

Gare, anno 31. Ed. 3. cap. 8.
 is a course wooll full of staring
haires, as such as groweth a­
bout the pesill or shankes of the
sheepe. 

Garnishment , commeth of the
French (Garnir. i. instruere.) It si­
gnifieth in our common lawe, a
warning giuen to one for his ap­
pearance, and that for the beter
furnishing of the cause and
court. For example, one is
siewed for the detinew of cer­
taine euidences or charters, and
saith, that the euidences were
deliuered vnto him not onely
by the plaintiffe, but by another
also: and therefore prayeth,
that that other may be warned
to pleade with the plaintiffe,
whether the said conditions bee
performed yea or no. And in
this petition he is said to pray
garnishment. New booke of
Entries. fol. 211. colum. 3. Termes
of the lawe. Cromptons Iurisd. fol.
211. which may be interpreted
either warning of that other, or
else furnishing of the court with
parties sufficient, throughly to
determine the cause: because
vntill he appeare and ioyne, the
defendant (as Fitzh. saith) is, as
it were, out of the court. nat.
br. fol. 1 06. G. and the court is
not prouided of all parties to
the action. I am the bolder thus
to interpret it, because I find
Britton in the same mind. cap. 2 8.
where he saith, that contracts be
some naked, and sans garnment,
and some furnished, or to vse the
literall signification of his word,
appareled: but a naked obliga­
tion giueth no action, but by
common assent. And therefore
it is necessarie or needfull, that
euery obligation be appareled.
And an obligation ought to be
appareled with these fiue sortes









of garnements, &c. Howbeit,
I reade it generally vsed for a
warning in many places, and
namely, in Kitchin fol. 6. Garni­
sher le court , is to warne the
court. And reasonable garnish­
ment in the same place, is no­
thing but reasonable warning:
and againe, fol. 283. and many
other authours also. But this
may be well thought a Metony­
mie of the effect, because by the
warning of parties to the court,
the court is furnished and ador­
ned. 

Garrantie. See Warrantie.

Garter (Garterium) commeth
of the french (Iartiere or Iartier
. i. periscelis, fascia poplitaria) It
signifieth with vs both in diuers
statutes, and otherwise, one espe­
ciall garter, being the ensigne of
a great and noble societie of
knights, called knights of the
garter. And this isκατἐξοχὺν ,
as Poeta among the Græcians
was Homer , among the Romanes
Virgill , because they were of all
others the most excellent. This
high order (as appeareth by M.
Camden pag. 211) and many o­
thers, was first instituted by that
famous king Edward the third,
vpon good successe in a skirmish,
wherein the kings garter (I know
not vpon what occasion) was
vsed for a token. I know that
Polidore Virgill casteth in an o­
ther suspition of the originall:
but his groundes by his owne
confession grew from the vul­
gar opinion: yet as it is, I will
mention it as I haue read it. Ed­
ward the third king of England
after he had obtained many
great victories: King Iohn of
Fraunce , King Iames , of Scot­
land, being both prisoners in the
tower of London at one time,
and king Henry of Castile , the
bastard expulsed, and Don Pedro
restored by the prince of Wales ,
did vpon no weighty occasion
first erect this order in anno
1350. viz. He dauncing with
the Queene, and other ladies of
the court, tooke vp a garter that
happened to fall from one of
them: whereat some of the
lords smiling, the king said vnto
them, that eare it were long, he
would make that garter to be of
high reputation, & shortly after
instituted this order of the blew
garter, which euery one of the
order is bound daily to weare, be­
ing richly decked with gold and
pretious stones, and hauing these
words written, or wrought vpon
it : Honi soit qui mal y pence. which
is thus commonly interpreted:
euill come to him that euill
thinketh: but I thinke it might
be better thus: Shame take him
that thinketh euill. See knights
of the garter. M. Fearne in his
glory of generosity agreeth with
M. Camden , and expreslier set­









teth downe the victories, whence
this order was occasioned: what­
soeuer cause of beginning it had,
the order is inferior to none in the
world, consisting of 26. martiall
and heroicall nobles, whereof
the king of England is the cheif,
and the rest be either nobles of
the realme or princes of other
countries, friends and confede­
rates with this realme; the ho­
nour being such, as Emperours
and Kings of other nations, haue
desired and thankfully accepted
it: He that will reade more of
this, let him repaire to M. Cam­
den , and Polidore , and M. Fern.
fol. 120. vbi supra.

The Ceremonies of the chapter
proceeding to election, of the
inuestures and robes: of his in­
stallation, of his vowe with all
such other obseruances, see in
M. Segars new booke, intituled
Honour militarie and ciuile. li. 2. ca.
9. fo. 65. Garter also signifieth
the principall king at armes, a­
mong our English Heralds crea­
ted by king Henry the 5. Stow. pa.
584. 

Garthman, anno 13. R. 2. stat.
1. ca. 19. & anno. 17. eiusd. cap. 9. 

Gavelet , is a speciall and aun­
cient kinde of Cessauit vsed in
Kent , where the custome of Ga­
vill kind continueth: whereby
the tenent shall forfeit his lands
and tenements to the Lord of
whome he holdeth, if he with­
draw from him his due rents
and seruices. The new Ex­
pounder of lawe Termes, whom
reade more at large: I reade
this word, anno 10. Ed. 2. cap. vni­
co. where it appeareth to be
a writ vsed in the Hustings at
London. And I find by Fleta , that
it is vsed in other liberties, as the
Hustings of Winchester, Lincolne,
Yorke , and the Cinque ports. lib. 2.
cap. 55. in principio. 

Gavelkind , is, by M. Lam­
berd in his Exposition of Saxon
words, verbo. Terra ex scripto ,
compounded of three Saxon
words, gyfe, cal, cin: omnibus co­
gnatione proximis data. But M.
Verstegan in his restitution of
decayed intelligence, cap. 3. cal­
leth it (Gavelkind) quasi , giue all
kind, that is, giue to each child
his part. It signifieth in our com­
mon lawe a custome, whereby
the lands of the father is equally
diuided at his death amongst all
his sons, or the land of the brother
equally diuided among the bre­
thren, if he haue no issue of his
owne, Kit. fol. 102. This custome
is said to be of force in diuers
places of England , but especially
in Kent , as the said Authour re­
porteth, shewing also the cause
why Kentish men rather vse this
custome, then any other pro­
vince. viz. because it was a com­
position made betweene the
Conquerour and them, after all









England beside was conquered,
that they should enioy their aun­
cient customes, whereof this was
one. For M. Camden in his Bri­
tannia, pag. 2 3 9. saith in expresse
words thus: Cantiani eâ lege Gu­
lielmo Normano se dediderunt, vt
patrias consuetudines illæsas retine­
rent, illamque inprimis quam Gavel­
kind nominant. Hac terræ quæ eo no­
mine consentur, liberis masculis ex
æquis portionibus dividuntur: vel
fœminis, si masculi non fuerint: ad­
ding more worth the noting,
viz. Hanc hæreditatem, cùm quin­
tum decimum annum attigerint,
adeunt, & sine Domini consensu,
cuilibet, vel dando, vel vendendo a­
lienare licet. Hac filii parentibus
furti damnatis in id genus fundis
succedunt, &c. This custome in
diuers gentlemens lands, was al­
tered at their owne petition, by
Act of Parlament. anno 31. H.
8. cap. 3. But it appeareth by 18.
H. 6. cap. pri. that in those daies
there were not aboue thirty or
forty persons in Kent , that held
by any other tenure. See the
new Termes, Gavelet , and Gavel­
kinde. 

Gawgeour, (gaugeator) see­
meth to come of the French
(Gawchir. i. in gyrum torquere.) It
signifieth with vs an Officer of
the Kings appointed to examin
all tunnes, hogsheades, pipes,
barels, and tercians of wine, oile,
hony, butter, and to giue them a
marke of allowance, before
they bee sold in any place.
And because this marke is a cir­
cle made with an iron instru­
ment for that purpose: it see­
meth that from thence he taketh
his name. Of this office you may
find many statutes: the first
whereof is, anno 27. Ed. 3. com­
monly called the statute of pro­
uision, or Purveyours. cap. 8. not in OED as headword

Geld , signifieth with the Sa­
xons, pecunia vel tributum. See
Gyld.

Genets, aliâs, Ienets. See
Furre.

Gentleman, (generosus) seemeth
to be made of two words, the
one French, (gentil. i. honestus,
vel honesto loco natus:) the other
Saxon (Mon) as if you would
say, a man well borne. The Ita­
lian followeth the very word,
calling those (gentil homini)
whom we call Gentlemen. The
Spaniard keepeth the meaning,
calling him Hidalgo , or Hyo d'al­
go , that is, the son of some man,
or of a man of reckoning. The
Frenchmen call him also gentil
houme: so that gentlemen bee
those, whom their bloud and
race doth make noble and
knowne. ἐυγενεῖς , in Greeke, in
Latine, Nobiles. Smith de Repub.
Anglor. lib. 1. cap. 20. vnder this
name are all comprised that are
aboue Yeomen: so that Noble­
men be truly called gentlemen.









But by the course and custome
of England , Nobilitie is either
maior or minor: the greater con­
taines all titles and degrees from
Knights vpward: the lesser all
from Barons downward. Smith
vbi supra. cap. 21. The reason of
the name, as I take it, groweth
from this, that they obserue gen­
tilitatem suam , that is, the race &
propagation of their blood, by
giuing of armes, which the com­
mon sort neither doth, nor may
doe. For by the coate that a gen­
tleman giueth, he is knowne to
be, or not to be descended from
those of his name, that liued ma­
ny hundred yeares since. How­
beit, that this is neglected, where
substance faileth to maintaine
the countenance. For many of
great birth fall to pouerty, whose
posteritie liuing and labouring
in want, haue small encourage­
ment to looke after the titles of
their auncesters, and so in time
slippe into the number of the ig­
noble sort: yet if they by their
vertue or fortune, can againe ad­
uaunce themselues to sufficient
abilitie, the Herald out of his
obseruations can restore them
to the coat of their progenitors,
and now and then helpe them
to one, that their auncestors ne­
uer ware. Gentiles hommes , see in
Tiraquel. de Nobilitate. cap. 2.
pag. 53. Tully in his Topickes thus
saith of this mater. Gentiles sunt,
qui inter se eodem sunt nomine ab
ingenuis oriundi, quorum maiorum
nemo servitutem servivit, qui capite
non sunt diminuti. And in the first
booke of his Tusc. questions , hee
calleth Tullum Hostilium , one of
the kings of Rome, gentilem
suum. 

Generall Issue. vid. Issue. 

Gestu & fama , is a writ. Lamb.
Eirenarcha. lib. 4. ca. 14. pag. 531. 

Gygge milles , were for the
fulling of woollin cloth and
forbidden, anno 5. Edward. 6.
cap. 2 2. 

Gild: alias Geld (Gildare) com­
meth from the Saxon word (Gil­
dan) i. soluere, Lamb. in his ex­
plica: of Saxon words saith verb.
Contubernalis. It is vsed as a verb,
and as a substantiue also, and as it
is a substantiue, it is latined
Gilda and signifieth a tri­
bute, or sometime an amerce­
ment, or thirdly a fraternity or
company, combined together
by orders and lawes made a­
mong themselues by the princes
licence. M. Camden citeth many
antiquities, by which it appear­
reth to signifie a tribute or taxe, as
pa. 135. 139. 159. 168. 178. M.
Crompton in his iurisdictions, fol.
191. sheweth it to be an amerce­
ment, as footgeld, and fol. 197.
he interpreteth it to be a presta­
tion within the forest, in these
words: To be quit of all manner
of Gelds. is to be discharged of all









manner of prestations to be
made for gathering of sheues of
corne, of lambe, and of wolle to
the vse of Foresters. Againe M.
Camden pag. 349. diuiding Suf­
folke into three parts, calleth the
first Gildable , because tribute is
thence gathered; the second li­
bertatem S. Edmundi: The third
libertatem S. Etheldredæ. And the
statutes: anno 27. Ed. 3. stat. 2.
ca. 13. & anno 1 1. H. 7. ca. 9. vse
Gildable in the same sense, and so
doth the statute anno 27. H. 8.
ca. 26. From this M. Lamberd,
vbi supra , is likewise perswaded,
that the common word (Gild) or
(Gildhall) doth proceede, being a
fraternity or communalty of
men gathered into one combina­
tion, supporting their common
charge by a mutuall contributi­
on: And in the register originall,
fol. 219. b. I reade Gildam mer­
catoriam , that is the Gilde mer­
chaunt, which I haue heard to
be a certaine liberty or priui­
ledge belonging to Merchants,
whereby they are enabled to
hould certaine plees of land
within their owne precincts.
This word (Gildes) or (Guildes)
is so vsed anno 37. Ed. 3. ca. 51.
& anno 15. R. 2. cap. 5. And
Gildhalda Teutonicorum , is vsed
for the fraternity of easterling
merchaunts in London, called
the stilyard anno 22. H. 8. cap.
octauo. 

Ginger (Zinziber) is a spice
well knowne, being the roote of
a plant that groweth in hot
countries, as Spaine, Barbary, &c.
The true forme whereof you
haue expressed in Gerards herball.
li. 1. ca. 38. This is a spice whose
roote is to be garbled. anno 1.
Iaco. ca. 19. 

Ginny peper (piper de Ginnea) is
otherwise called Indian peper , of
the place whence it commeth.
The nature and farder descripti­
on whereof you haue in Gerards
herball. lib. 2. ca. 66. This you
haue mentioned among drugs
and spices to be garbled, in the
statute. i. Iaco. ca. 19. 

Gisarms: anno 13. Ed. 1. stat. 3.
cap. 6. is a kinde of weapon. Fleta
writeth it Sisarmes. lib. 1. ca. 24
§, item quod quilibet. 

Glawnce Ore, Plowden casu
Mines. fo. 320. b. not in OED as headword

Glanuill was a learned lawyer,
that was Chiefe Iustice in Henry
the seconds dayes, and writte a
booke of the common lawes of
England , which is the auncien­
test of any extant touching that
subiect. Stawnf. prærog. cap. prim.
fol. 5. He was then called in La­
tine Ranulphus de Glanvilla. He
died in Richard the first his daies
at the citie of Acres in the
coast of Iury , being with him in
his voyage to the holy land.
Plowden. casu. Stowel. fol.
368. b. 









Goe , is vsed sometime in a
speciall signification in our com­
mon lawe: as to go to God, is
to be dismissed the court. Broke
titulo. Fayler de records. num. 1.
Goe forward, seemeth also to be
a signe giuen by a Iudge to the
Sergeant or Counceler, pleading
the cause of his client, that his
cause is not good. For when he
standeth vpon a point of lawe,
and heareth those words of the
Iudges mouth, he taketh vnder­
standing, that he looseth the a­
ction. Smith de Repub. Anglo. lib.
2. cap. 1 3. To go without day, is
as much as to be dismissed the
court. Kitchin fol. 193. 

Good behauiour. See Good abearing

Good abearing, (Bonus gestus)
 is, by an especiall signification,
an exact cariage or behauiour of
a subiect, toward the king and
his liege people, whereunto men
vpon their euill course of life, or
loose demeanure are sometimes
bound. For as M. Lamberd in
his Eirenarcha. lib. 2. cap. 2. saith:
he that is bound to this, is more
strictly bound then to the peace:
because, where the peace is not
broken without an affray, or bat­
terie, or such like: this suretie (de
bono gestu) may be forfeited by
the number of a mans company,
or by his or their weapons or
harnesse: Whereof see more in
that learned Writer in the same
chapter, as also in M. Cromptons
Iustice of peace. fol. 119. b. 120.
121. 122. 123. 124 125. 126. 127. 

Good country, (Bona patria) is
an Assise, or Iury of country men
or good neighbours : Skene de
verbo. signif. verbo, Bona patria. not in OED as headword

Graffer (grafarius) signifieth as
much as a notarie or scriuener. It
commeth of the French (greffier.
i. scriba, actuarius.) This word is v­
sed in the statute anno. 5. H. 8. c. 1. 

Graines (grana paradisi, aliâs
Cardamomum) is a spice medici­
nable and wholesome, whereof
you may see diuers kindes in
Gerards herball, l. 3. ca. 148. These
are comprised among merchandise
that be to be garbled. an. I. c. 19. 

Grand assise. See Assise. and
Magna assisa.

Grand Cape. see Cape and  At­
tachment. 

Grand Sergeanty: See Chyvalrie.
& Seargeantye.

Grand distresse: (Magna de­
strictio) is a distresse taken of all
the lands, and goods, that a man
hath within the county or bay­
liwicke, whence he is to be di­
strained : Fleta. li. 2. ca. 69. §.
penult: See Distresse. This word is
vsed anno 51. H. 3. ca. 9. This
falleth out when the defendant
hath been attached, and yet ap­
peareth not vpon his attachment;
or when he appeareth & afterward
makes default. For then the Shy­
reeue is commanded to distreine
the Defendant, by all his goods









and chatels, and to answer the
king the issues of his lands. 

Grange (grangia) is a house or
building, not onely where corne
is laide vp, as barns be, but also
where there be stables for hor­
ses, stalles for oxen and other ca­
tell, sties for hogs, and other
things necessary for husbandry,
Lindwood ca. item omnes de iudiciis
verbo, Graungiis, inglossa : 

Graunt (Concessio, grantum)
Glanvile. signifieth specially in
our common law, a gift in wri­
ting of such a thing, as cannot
aptly be passed or conueyed by
word only: as rent, reversions,
seruices, advowsens in grosse,
common in grosse, villein in
grosse, tythes, &c. or made by
such persons, as cannot giue but
by deede, as the king and all
bodies politique: which differen­
ces be often in speech neglected,
and then is it taken generally for
euerry gift whatsoeuer, made of
any thing by any person, and he
that graunteth it, is named the
grauntour, and he to whome it is
made, the Grauntee. West. parte. i.
symbol. lib. 2. sect. 334. A thing is
said to lie in graunte, which can­
not be assigned with out deede.
Coke l. 3. Lincolnes Coll. case f. 63. a. 

Greate men , are sometimes vn­
derstood of the laity of the high­
er house of parlament, as anno.
43. Ed. 3. ca. 2. & anno 8. R. 2. in
proœm. and sometime of the
knights &c. of the lower house,
as anno 2. R. 2. stat. 2. in princip. 

Gree , commeth of the French
(Grè). i. sententia, beneplacitum. It
signifieth in our common law,
contentment or good liking: as
to make gree to the parties, is to
satisfie them for an offence done.
anno 1. Rich. 2. cap. 15. 

Greachbreach , is breaking of
the peace. Saxon in the descripti­
ion of England. ca. 11. v. Rastal.
titulo exposition of words. The new
expounder of lawe termes wri­
teth it (Grichbreach) and giueth
it the same signification. See
Greve.

Greene hewe , is all one with
vert. Manwood parte 2. of his forest
lawes. cap. 6. nu. 5. See Vert. 

Greene waxe , seemeth to be
vsed for estretes deliuered to
Shyreeues out of the exchequer,
vnder the seale of that court, to
be levied in the county, anno 42.
E d. 3. ca. 9. & anno 7. H. 4. cap. 3.
See Forein apposer.

Greue (præpositus) is a word of
power and authoritie, signifiing
as much as Dominus , or præfectus.
Lamberd in his exposi. of Saxon
words, verbo Præfectus. Where he
seemeth to make it all one with
(Reve) as I thinke vndoubtedly
it is: The Saxon word is Gerefa
whereof we haue diuers words
compounded, as Shyreeue. Port­
greave, &c. which were wont of
the Saxons to be written Scyrge­









refa: Portgerefa See. Shyreeue and
Portgreve. See Roger Hoveden
parte poster. suorum annal. fo. 346.
b. where he saith thus: Greue dici­
tur, ideo quod iure debeat grithe. i.
pacem ex illis facere, qui patriæ in­
ferunt Væ. i. miseriam vel malum. 

Grithbreach , is a breach of
peace. For Grith is a word of the
old Angles , signifiing peace. Roger
Hovedin, parte poster suorum annal.
fo. 346. b. See Greachbreach.

Grillsanno  22. Ed. 4. ca. 2. 

Grocers , be merchants that in­
grosse all merchandize vendible
anno 37. Ed. 3. ca. 5. 

Groome, anno 33. H. 8. ca. 10.
(Valletus) is the name of a seruant
that serueth in some inferiour
place. M. Vertegan in his restitu­
tion of decayed intelligence saith,
that he findeth it to haue beene
in times past a name for youths,
who albeit they serued, yet were
they inferiour to men seruants,
and were sometimes vsed to be
sent on foote of errands, seruing
in such manner as lackies doe
nowe. 

Growme, anno 43. E. ca. 10. see­
meth to be an engine to stretch
wollen cloth withall after it is
wouen. 

Guydage (Guydagium) is that
which is giuen for safe conduct
through a strange territorie.
Cassan: de consuet. Bourg. pag. 119.
whose words be these. Est Guida­
gium quod datur alicui, vt tutò condu­
catur per loca alterius. 

Guylde, See Gyld.

Guylhalda Teutonicorum. See
Gild.

Gule of August (Gula Augusti)
anno 27. Ed. 3. stat. 3. cap. vnico
Fitzh. nat. br. fol. 62. I. aliâs Goule
de August. Plowd. casu Mines, fo.
316. b. is the very day of Saint
Peter ad vincula , which was wont,
and is still within the limits of
the Roman church, celebrated
vpon the very Kalends of Au­
gust. Why it should be called the
gule of August, I cannot other­
wise coniecture, but that it com­
meth of the latine (gula) or the
French (gueule) the throate. The
reason of my coniecture is in
Durands rationali diuinorum li. 7.
ca. de festo Sancti Petri ad vincula ,
who saith that one Quirinus a
tribune , hauing a daughter that
had a disease in her throat, went
to Alexander then Pope of Rome
the sixt from Saint Peter, and
desired of him to borow or see
the cheines that Saint Peter was
cheined with vnder Nero : which
request obteined, his said daugh­
ter kissing the said cheine, was
cured of her disease and Quiri­
nus with his family was bapti­
sed. Tunc dictus Alexander papa
(saith Durand hoc festum in Ka­
lendis Augusti celebrandum insti­
tuit, & in honorem beati Petri
ecclesiam in vrbe fabricavit, vbi
vincula ipsa reposuit, & ad









vincula nominavit; & Ka­
lendis Augusti, dedicauit. In qua
festivitate, populus illic ipsa vincula
hodie osculatur. So that this day
being before called onely the
Kalends of August , was vpon
this occasion afterward termed
indifferently either of the instru­
ment that wrought this miracle,
Saint Peters day ad vincula , or of
that part of the maiden, wheron
the miracle was wrought, the
G ule of August. 

Gultwit , seemeth to be com­
pounded of (Gult. i. noxa) and
wit , which is said by some skil­
full men, to be an auncient ter­
mination of the words in the
Saxon tongue, signifiing nothing
in it selfe, but as (dom) or (hood)
and such like be in these english
words (Christendom) and (Man­
hood) or such others: others say,
and it is true, that wit signifieth
blame or reprehension. Gultwit
(as Saxon in his description of
England ca. 11. doth interpret
it) is an amends for trespas. 

Gust (Hospes) is vsed by Bra­
cton for a straunger or guest, that
lodgeth with vs the second
night : lib. 3. tracta. 2. ca. 10. In the
lawes of Saint Edward set forth
by M. Lamberd, num. 27. it is
written Gest : of this see more in
 Vncothe.

Gumme (gummi) is a certaine
clammie or tough liquor that in
maner of a swetie excrement,
issueth out of trees, and is har­
dened by the sunne. Of these
ther be diuers sorts brought ouer
seas, that be drugs to be gar­
bled, as appeareth by the statute
anno 1. Iaco. ca. 19. 

Gutter tyle, aliâs corner tyle , is a
tile made three cornerwise, es­
pecially to be laid in gutters, or,
at the corners of tyled houses
which you shall often see vpon
douehouses at the foure corners
of their rofes. anno 17. Eduardi
4. ca. 4. 


H A

HAbeas corpus , is a writ, the
which a man indited of
some trespas before Iustices of
peace, or in a court of any fran­
chise, and vpon his apprehension
being laid in prison for the
same, may haue out of the kings
bench, thereby to remooue him­
selfe thither at his owne costs,
and to answer the cause there,
&c. Fitzh. nat. br. fol. 250. H. And
the order is in this case, first to
procure a (Certiorari) out of the
Chauncerie directed to the said Iu­
stices for the remoouing of the
Inditement into the kings bench,
and vpon that to procure this
writ to the Shyreeue, for the cau­
sing of his body to be brought
at a day, Register iudiciall. fol. 81.
where you shall finde diuers ca­
ses, wherein this writ is vsed. 

Habeus corpora , is a writ that li­









eth for the bringing in of a Iu­
rie, or so many of them, as re­
fuse to come vpon the (venire
facias) for the tryall of a cause
brought to issue. old nat br. fol.
157. See great diuersitie of this
writ, in the table of the Register
Iudiciall. verbo, habeas corpora. &
the new booke of Entries. ver­
bo eodem. 

Habendum , is a word of forme
in a deede of conueyance, to the
true vnderstanding whereof you
must knowe, that in euery deede
of conueyance, there be 2. prin­
cipall parts, the premisses, and
the habendum. The office of the
premisses is, to expresse the
name of the grauntour, the
grauntee, and the thing graun­
ted or to be graunted. The office
of the (habendum) is to limite the
estate, so that the generall impli­
cation of the estate, which by
construction of lawe passeth in
the premisses, is by the (haben­
dum) controlled and qualified.
As in a lease to two persons, the
(habendum) to one for life, the
remainder to the other for life,
altereth the generall implicati­
on of the ioynt tenancie in the
freehould, which should passe by
the premisses, if the (Habendum)
weare not. Cooke. vol. 2. Bucklers
case. fo. 55. See Vse.

Habere facias seisinam , is a
writ Iudicial, which lyeth, where
a man hath recouered lands in
the kings court, directed to the
Shyreeue, and commaunding
him to giue him seisin of the
land recouered. old nat. br. fol.
154. Termes of the lawe : whereof
see great diuersity also in the ta­
ble of the Register Iudiciall, verb.
Habere facias seisinam. This writ is
issuing sometime out of the Re­
cords of a fine executorie, dire­
cted to the Shyreeue of the
countie, where the land lyeth, &
commanding him to giue to the
Cognizee or his heires, seisin of
the land, whereof the fine is levi­
ed. which writ lyeth within the
yeare after the fine, or Iudgement
vpon a (scire facias) and may be
made in diuers formes. West. par­
te. 2. symb. titulo Fines. sect. 136.
There is also a writ called Ha­
bere facias seisinam, vbi Rex habu­
it annum, diem, & vastum , which
is for the redeliuery of lands to
the Lord of the fee, after
the king hath taken his
due of his lands that was conui­
cted of felonie. Register. orig. fol.
165. 

Habere facias visum , is a writ
that lyeth in diuers cases, where
view is to be taken of the lands
or tenements in question. See
Fitzh. nat. br. in Indice. verbo,
(View) See Bracton. li. 5. tract. 3. ca.
8. & lib. 5. parte. 2. ca. 11. See view.
See the Register. Iudiciall, fol. 1.
26, 28. 45. 49. 52. 

Haberiects (Hauberietus pan­









nus) magn. chart. ca. 25. & pupilla
oculi. parte. 5. ca. 22. 

Hables , is the plurall of the
French (hable) signifiing as
much as a porte or hauen of the
sea, whence ships doe set forth
into other countries, and whe­
ther they doe arriue, when they
returne from their voyage. This
word is vsed. anno 27. Hen. 6.
cap. 3. 

Hærede deliberando alii qui ha­
bet custodiam terræ , is a writ
directed to the Shyreeue, willing
him to commande one hauing
the body of him, that is ward to
another, to deliuer him to him,
whose ward he is by reason of
his land. Register. originall. fol.
161. b. 

Hærede abducto , is a writ that
lyeth for the lord, who hauing
the wardship of his tenent vn­
der age by right, cannot come
by his body, for that he is con­
ueyed away by another. old. nat.
br. fol. 93. See Ravishment de
Gard , and Hærede rapto, in Regist.
orig fol. 163. 

Hæretico comburendo , is a writ
that lyeth against him, that is an
heretike. viz. that hauing beene
once conuinced of herify by his
Bishop, and hauing abiured it,
afterward falleth into it againe,
or into some other, and is there­
vpon committed to the secular
power. Fitzh. nat. br. fol. 269. 

Haga , is vsed as a kinde of la­
tine word for a house. I finde in
an auncient booke sometime be­
longing to the abbey of Saint
Augustines in Canterbury , that
king Stephen sent his writ to the
Shyreeue and Iustices of Kent , in
this maner. Stephanus Rex An­
glorum vice comiti & Iusticiariis de
Kent salutem. præcipio quòd faciatis
habere ecclesiæ sancti Augustini &
monachis hagam suam quam Gos­
ceoldus eis dedit, it a bene & in pace
& iustè & quietè & libere, sicut eam
eis dedit in morte sua coram legali­
bus testibus, &c. not in OED as headword; different definition for haga under haw in OED

Hagbut , See Haque and Ha­
quebut. 

Haye boote , seemeth to be
compounded (Haye. i. Sepes) and
(Bote. i. compensatio) The former is
french, and the second is Saxon.
And although it doe fall out
sometime, that our words be so
compounded: yet is it rare.
wherefore it may be thought
peraduenture to come as well
from (Hag) and (boote) which
be bothe saxon words. It is vsed
in our common lawe for a per­
mission to take thorns and freeth
to make or repaire hedges. 

Halfe haque , See Haque.

Half merk (dimidia merka) see­
meth to signifie a noble. Fitzh:
nat: br: fol: 5. where he saith that
in case a writ of right be brought
and the seisin of the Demaun­
dant, or his auncester alleaged,
the seisin is not traversable by









the Defendant, but he may
tender or proferre the halfe
merke for the inquirie of this
seisin, which is as much to say
in plainer termes, that the De­
fendant shall not be admitted
to deny, that the Demandant
or his auncester, was seised of
the land in question, and to
proue his deniall: but that hee
shal be admitted to tender halfe
a merke in money, to haue an in­
quirie made, whether the De­
mandant, &c. were so seised or
not. And in this signification I
reade the same words in the old
English natura breuium, fol. 26.
b. viz. Know ye, that in a writ
of right of Advouzen brought
by the king, the defendant shall
not proferre the halfe merke,
ne iudgement finall shall be gi­
uen against the king, &c. Wher­
of Fitz. vbi supra. M. giueth
the reason, because in the kings
case, the defendant shall bee
permitted to trauerse the sei­
sin by licence obtained of the
Kings Sergeant. To this effect
see Fitz. nat. br. fol. 31. C. D. E. 

Halfe seale , is vsed in the
Chauncerie for the sealing of
Commissions vnto Delegates , ap­
pointed vpon any appeale in ec­
clesiasticall or marine causes, an.
8. Elizab. cap. 5. 

Halfe tongue. See Medietas lin­
guæ. 

Halymote, aliâs, Healgemot , is
a Court Baron. Manwood parte
prim. of his Forest lawes. pag.
111. and the etymologie is
the meeting of the tenents
of one hall or maner. M.
Gwins preface to his reading ,
which for the esteeme thereof,
is by copies spred into many
mens hands. 

Hallage , is a see due for cloths
brought for sale to Blackwell hal
in London. Coke vol. 6. fol. 62. b. 

Hamlet (Hameletum) is a di­
minutiue of (Ham) which signi­
fieth habitationem. Camden. Brit.
pag. 149. & 354. The French
(hameau. i. viculus) is also nere
vnto it. Kitchin hath Hamel in
the same sence. fol. 215. who
also vseth hampsel for an ould
house or cotage decayed. fol.
103. Hamlet (as Stone vseth
it in Ed. 3.) seemeth to be the
seate of a Free holder. For
there he saith, that the said king
bestowed two maners and nine
hamlets of land vpon the mo­
nasterie of Westminster , for the
keeping of yearely obits for his
wife Queene Eleanor deceased. 

Hameling of dogges , or ham­
bling of dogges , is all one with
the expeditating of dogges.
Manwood parte prim. of his Fo­
rest lawes. pag. 212. & parte 2.
cap. 16. num. 5. where he saith,
that this is the auncient terme
that Foristers vsed for that
mater, whence this word might









be drawne, I dare not resolue:
but it is not improbable,
that hameling is quasi, hamhal­
ding , that is, keeping at home,
which is done by paring their
feete so, as they cannot take
any great delight in running a­
broade. See Expeditate. see "hamble" in OED

Hampsell. See Hamlet.not in OED as headword

Hamsoken, see Homesoken. M.
Skene de verb: significa : writeth it
Haimsuken , and deriueth it from
(Haim) a German word, signifi­
ing a house or dwelling, and
(Suchen) that is to seeke, search,
or persiew. It is vsed in Scotland
for the crime of him, that vio­
lently, and contrary to the kings
peace, assaulteth a man in his
owne house: which (as he saith)
is punishable equally with ra­
uishing of a woman. significat
quietantiam misericordiæ intratio­
nis in alienam domum vi & iniustè.
Fleta. lib. pri. cap. 47. See Home­
soken. 

Hand in and Hand out. anno
17. Ed. 4. cap. 2. is the name of
an vnlawful game. 

Hand full , is foure inches by
the standard. anno 33. H. 8. cap.
5. &c. 

Hankwit aliâs (Hangwit) or
(Hengwit) commeth of the Sax­
on words (Hangen. i. pendêre)
and (wit) whereof reade in Gult­
wit: Rastall in the title, Expositi­
on of words saith, it is a liberty
graunted vnto a man, wherby
he is quit of a felon or theefe
hanged without iudgement, or
escaped out of custodie. I reade
it interpreted, mulcta pro homine
iniustè suspenso. Or whether it may
be a libertie, whereby a Lord
chalengeth the forfeiture due
for him, that fordoeth him­
selfe within his fee or not, let
the Reader consider. See Blood­
wit. 

Hanper, (haneperium) haneper of
the Chauncerie. anno 10. R. 2. cap.
prim. seemeth to signifie as fiseus
originally doth in Latine. See
 Clerke of the Hanaper.

Hanse , (as Ortelius in the In­
dex of his Additament to his
Theater, verb. Ansiatici. saith,) is
an old Gothish word. Where he
sheweth not the interpretati­
on. It signifieth a certaine so­
cietie of Merchants, combined
together for the good vsage
and safe passage of merchandies
from kingdome to kingdome.
This societie was, and (in part)
yet is, endued with many large
priuiledges of princes, respe­
ctiuely within their territories. It
had foure principall seates, or
staples: where the Almaine or
Dutch Merchants being the e­
rectours of this societie, had
an especiall house, one of which
was here in London , called Gild­
halda Teutonicorum , or in our
common language, the Steelyard.
Of this you may reade more in









the place of Ortelius aboue men­
tioned. 

Happe , commeth of the french
(Happer. i. rapio, cum quadam velo
citate capio) and the french see­
meth to come from the greeke
ἁ ρϖαζω. It signifieth in our com­
mon lawe the same thing: as to
happe the possession of a deede
poll. Litleton. fol. 8. 

Haque , is a handgunne of a­
bout three quarters of a yard
long, anno. 33. H. 8. ca. 6. &
a. 2. et. 3. Ed. 6. ca. 14. There is
also the halfe haque or demy
hake. See Haquebut.

Haquebut , is that peece of ar­
tilery or gunne, which we other­
wise call an harquebuse, being
both french words. anno. 2. & 3.
Ed. 6. ca. 1 4. & anno 4. & 5.
Ph. & Ma. ca. 2. 

Hariot, aliâs, Heriot (heriotum)
 is the saxon (heregeat) a litle al­
tered, which is drawn from (here.
i. exercitus) and a (heriot) in
our Saxons time signified a tri­
bute giuen to the lord for his
better preparation toward war.
Lamb. in his expl. of Saxon
words. verbo. hereotum. The
name is still reteined, but the vse
altered: for whereas, by M.
Lamb. opinion vbi supra , it did
signifie so much as Releife doth
now with vs: now it is taken for
the best chatell that a tenent
hath at the houre of his death,
due vnto the lord by custome, be
it horse, oxe, kettle, or any such
like. M. Kitchin distinguisheth
betweene heriot seruice and heriot
custom. fol. 1 33. & 134. for in­
terpretation whereof, you shall
finde these words in Brooke, titulo
hariot. nu. 5. Hariot after the
death of the tenent for life, is
hariot custome. For hariot ser­
vice is after the death of tenent
in fee-simple. The new Expoun­
der of the lawe termes saith,
that hariot seruice (in some mans
opinion) is often expressed in a
mans graunt or deed, that hee
holdeth by such seruice to pay
hariot at the time of his death,
that holdeth in fee simple. Hariot
custome is, where hariots haue bin
payed time out of mind by cu­
stome. And this may be after the
death of the tenent for life. See
Plowden. fol. 95. b. 69. a. b.
Bracton saith, that heriotum, est
quasi Releuium. lib. 2. cap. 36. See
Reliefe. But Britton. cap. 69. saith,
that heriot is a reward made by
the death of a tenent, to any
Lorde, of the best beaste
found in the possession of the
tenent deceased, or of some o­
ther according to the ordinance
or assignement of the party de­
ceased, to the vse of his Lord.
which reward toucheth not the
Lord at all, nor the heire, nor
his inheritance, neither hath any
comparison to a Releife: for it
proceedeth rather of grace or









goodwill then of right, and ra­
ther from villeins then free men.
See Dyer, fol. 199. nu. 58. to the
same effect. This in Scotland is
called Herrezelda. compounded
of herr. i. dominus, herus. and
zeild. i. gift. Skene de verbo. signif.
verbo Herrezelda. 

Hart , is a stagge of 5. yeares
old compleate. Manwood parte
2. of his forest lawes. cap. 4. nu. 5.
which he hath out of Budæus de
philologia. li. 2. And if the King or
Queene doe hunt him, and he e­
scape away aliue, then afterward
he is called a Hart royall. And if
the beast by the Kings or
Queenes hunting be chased out
of the forest and so escape: pro­
clamation is commonly made in
the places there about, that in
regard of the pastime, that the
beast hath shewed to the King
or Queene, none shall hurt him,
or hinder him from returning to
the forest; and then is he a Hart
royall proclaimed. Idem. eo­
dem. 

Hauberk , commeth of the
French (Haubert. i. lorica) where­
vpon he that holdeth land in
France by finding a coate or
shirt of mayle, and to be readie
with it, when he shall be called,
is said to haue Hauberticum feu­
dum. whereof Hotoman writeth
thus: Hauberticum feudum gallicâ
linguâ vulgò dicitur pro (lorica­
tum) . i. datum vasallo ea conditi­
one, vt ad edictum loricatus siue
cataphractus præsto sit. Nam vt lo­
rica latinis propriè & minus vsitatè
est tegmen de loro factum, quo maio­
res in bello vtebantur, quemadmo­
dum Seruius Honoratus scribit in li­
bro Æneidum 11 frequentissimè au­
tem pro ænea armatura integra v­
surpatur. sic apud Gallos Haubert
propriè loricam annulis contextam
significat, quam vulgus Cotte de
maille appellat. H æc Hot. in verbis
feudal. verbo Hauberticum feu­
dum. Hauberk with our awnce­
sters seemeth to signifie, as in
France, a shirt or coate of mayle
and so it seemeth to be vsed, an­
no 13. Ed. pri stat. 3. ca. 6. Though
in these daies the word is other­
wise written as (Halbert) and
signifieth a weapon well enough
knowne. 

Haward aliâs Hayward , see­
meth to be compounded of two
french word (Hay. i. sepes) &
Garde. i. custodia) It signifieth
with vs, one that keepeth the
common heard of the towne: &
the reason may be, because
one part of his office is to looke
that they neither breake nor
croppe the hedges of inclosed
grounds. It may likewise come
from the german (herd. i. armen­
tum & (bewarren. i. custodire). He is
a sworne officer in the Lords
court; and the forme of his oath
you may see in Kitchin. fol.
46. 









Hawkers , be certaine deceit­
full felowes, that goe from place
to place, buying & selling, brasle,
pewter, and other merchandise,
that ought to be vttered in open
market. The appellation see­
meeth to growe from their vn­
certaine wandering, like those
that with hawkes seeke their
game, where they can finde it.
You finde the word. anno. 25. H.
8. ca. 6. & anno 33. eiusdem. cap.
quarto. 

Headborow , is compounded
of two words: (Heofod. i. caput)
and (Bor-he. i. pignus) It signifieth
him, that is cheife of the franck­
pledg: and him that had the
principall gouernment of them
within his owne pledge. And as
he was called Headborowe , so was
he also called Borowhead, Burshol­
der, Thirdborow, Tithing man,
Cheife pledge , or Borowelder , ac­
cording to the diuersitie of
speach in diuers places. Of this
see M. Lamberd in his explicati­
on of Saxon words. verbo Centu­
ria. and in his treatise of Consta­
bles. and Smith de Repub. Anglo.
lib. 2. cap. 22. It nowe signifieth
Constable. See Constable. 

Healfang , is compounded of
two Saxon words (Hals. i. collum)
and (fang. i. capere, captivare). See
 Pylorie.

Heire (Hæres) though, for the
word, it be borowed of the la­
tine; yet, it hath not altogether
the same signification with vs,
that it hath with the Civilians,
for whereas they call him (hære­
dem) qui ex testamento succedit
in vniuersum ius testatoris: the com­
mon lawyers call him heire, that
succeedeth by right of blood,
in any mans lands or tenements
in fee, for there is nothing
passeth with vs iure hæreditatis ,
but onely fee. Moueables, or cha­
tels immoueable, are giuen by
testament, to whom the testator
listeth, or else are at the dispo­
sition of the Ordinarie, to be
distributed as he in conscience
thinketh meete, Glossa in Provin­
ciali constitut. Ita quorundam. De
testamentis. verbo. Ab intestato.
And whether a man enioy
moueable goods and chatels, by
will or the discretion of the Or­
dinarie, he is not with vs called
an heire: but onely he that suc­
ceedeth either by testament, or
right of bloud in fee. Cassanæus
in consuetud. Burg. pag. 909. hath
a distinction of hæres , which in
some sort well accordeth with
our lawe: For he saith, there is
hæres sanguinis, & hæreditatis. And
a man may be hæres sanguinis
with vs, that is, heyre apparent
to his father, or other auncester:
and yet may vpon displeasure,
or meere will be defeated of
his inheritance, or at the least, the
greatest part thereof. 

Heyre loome , seemeth to bee









compounded of (heire) and
(loome) that is, a frame, namely
to weaue in. The word by time
is drawne to a more generall
signification, then at the first it
did beare, comprehending all
implements of houshold, as
namely, tables, presses, cupbords,
bedsteedes, wainscots, and such
like, which by the custome of
some countries, hauing belon­
ged to a house certaine descents,
are neuer inventaried after the
decease of the owner, as chatels,
but accrew to the heyre with
the house it selfe. This word is
twice metaphorically vsed in
that diuine speech, made by that
most worthy & complete noble
man the Earle of Northampton , a­
gainst that hellish, vgly, and
damnable treason of gunpow­
der, plotted to consume the most
vertuous King that euer raigned
in Europe, together with his
gratious Queene, and pretious
posteritie, as also the three ho­
norable estates of this renow­
ned kingdome. 

Heck , is the name of an En­
gine, to take fish in the riuer of
Owse by Yorke. anno 23. H. 8.
cap. 18. 

Heinfare, aliás, hinefare, (dis­
cessio famuli à domino) the word is
compounded of (hine) a seruant,
and (fare) an old English word,
signifiing a passage. not in OED as headword

Henchman , or heinsman , is a
German word signifying (dome­
sticum, aut vnum de familia.) It
is vsed with vs, for one that run­
neth on foote attending vpon a
man of honour or worship. anno
3. Ed. 4. cap. 5. anno 24. Henric.
8. cap. 13. 

Hengwite, significat quietantiam
misericordiæ de latrone suspenso abs­
que consideratione. Fleta lib. prim.
cap. 47. See Hankwit.

Herauld, (heraldus) is borow­
ed by vs of the French (herault)
and in M. Verstegans iudgement
proceedeth originally from two
Dutch words (here. i. exercitus)
and (healt. i. pugil magnanimus ,)
as if he should be called (the
Champion of the armie) hauing
by especiall office to chalenge
vnto battell or combate. With
vs it signifieth an officer at armes,
whose function is to denounce
warre, to proclaime peace, or o­
therwise to be employed by the
King in martiall messages or o­
ther businesse. The Romaines cal­
led them plurally (Feciales.) M.
Stow in his Annals deriueth them
from heroes. pag. 12. which hee
hath from other that writ of that
subiect, whose coniecture I
leaue to the reader. Their office
with vs, is described by Polydore.
lib. 19. in this sort: speaking of
the knights of the Garter, hee
saith : habent insuper Apparitores
ministros, quos heraldos dicunt: quo­
rum præfectus armorum Rex voci­









tatur: hy belli & pacis nuncii. Du­
cibus, Comitibusque à Rege factis in­
signia aptant, ac eorum funera cu­
rant. He might haue added far­
der, that they be the Iudges and
examiners of gentlemens armes,
that they marshall all the solem­
nities at the coronations of prin­
ces, manage combats, and such
like. There is also one and the
same vse of them with vs, and
with the French nation, whence
we haue their name. And
what their office is with them,
see Lupanus lib. prim. de Magist.
Francorum, ca. Heraldi. There be
diuers of them with vs: whereof
three being the chiefe, are called
Kings at armes. And of them
Garter is the principall, institu­
ted and created by Henry the
fifth. Stowes annals. pag. 58 4.
whose office is to attend the
knights of the Garter at their so­
lemnities, and to marshall the
solemnities of the funerals of all
the greater nobility, as of Prin­
ces, Dukes, Marquises, Earles,
Vicounts , and Barons , yet I finde
in Plowden, casu Reniger, & Fo­
gassa , that Ed. the fourth graun­
ted the office of the king of He­
ralds , to one Garter cum feudis &
proficuis ab antiquo, &c. fol. 12. b.
The next is Clarentius , ordained
by Edward the fourth. for he at­
taining the Dukedome of Clarence
by the death of George his bro­
ther, whom he beheaded for
aspiring to the crowne, made
the Herald , which properly be­
longed to the Duke of Clarence ,
a King at armes, and called him
Clarentius. His proper office is,
to marshall and dispose the fu­
nerals of all the lesser nobility, as
knights, and Esquires, through
the Realme of the south side of
Trent. The third is Norroy , or
Northroy , whose office is the
same on the north side of Trent ,
that Clarentius hath on this
side, as may well appeare by his
name, signifiing the northern
king, or king of the north parts.
Beside these, there be sixe other
properly called Heralds accord­
ing to their originall, as they
were created to attend Dukes, &c.
in marshall executions. viz. York,
Lancaster, Somerset, Richemond,
Chester, Windlesour. Lastly there
be foure other called marshals
or pourswivants at armes, recko­
ned after a sort, in the number of
H eralds , and doe commonly suc­
ceede in the place of the Heralds
as they dye, or be preferred: and
those be Blew Mantle, Rouge­
crosse, Rougedragon , and Percullis.
The (feciales) among the Ro­
mans were priests, Nam Numa
Pompilius diuini cultus institutio­
nem in octo partes diuisit, & ita eti­
am sacerdotum octo ordines constitu­
it, &c. Septiman partem sacræ consti­
tutionis collegio eorum adiecit, qui
Feciales vocantur. Erant autem ex









optimis domibus viri electi, per om­
ne ipsi vitæ tempus sacrati, quorum
partes in eo versabantur, vt fidei
publicæ inter populos præessent: neque
iustum aliquod bellum fore cense­
batur: nisi id per Feciales esset indi­
ctum. Qui vt Festus ait, a faciendo,
quòd belli pacisque faciendæ apud
eos ius esset, Feciales dicti sunt. Co­
rasius miscel. iuris ciui. li. 1. ca. 10.
nu. 12. 

Herbage (herbagium) is a french
word, and signifieth in our com­
mon lawe, the fruit of the earth
prouided by nature for the bitte
or mouth of the catell. But it is
most commonly vsed for a li­
berty that a man hath to feede
his catell in another mans
ground, as in the forest, &c.
Cromptons Iurisdiction. fol. 197. 

Herbenger commeth of the
french (Heberger) or (Esberger)
(hesberger). i. hospitio excipere. It
signifieth with vs, an officer of
the princes court, that allotteth
the noble men, and those of the
household their lodgings. It sig­
nifieth also in Kitchin , an Inkeep­
er. fol. 176. 

Hereditaments (hereditamenta)
 seeme to signifie all such things
immoueable, be they corporeall
or incorporeall, as a man may
haue to himselfe and his heires,
by way of inheritance. v. anno
32. H. 8. ca. 2. or not being o­
therwise bequeathed, doe natu­
rally and of course descend to
him which is our next heire of
blood, and fall not within the
compas of an executour, or ad­
ministratour, as chatels doe. 

Heriot. See Hariot.

Hide of land (Hida terræ) Sax­
onicè (Hidelandes) is a certaine
measure or quantitie of land, by
some mens opinion, that may be
plowed with one plowe in a
yeare: as the author of the newe
Termes saith, verbo Hidage. by
other men, it is an hundred a­
cres. By Beda (who calleth it fa­
miliam) it is as much as will main­
taine a familie. Crompton in his Iu­
risdict. fol. 2 2 0. saith, that it consi­
steth of an hundred acres: euery
acre in length 40. perches, and
in breadth 4. perches, everie
perch 16. foote and a halfe. and
againe, fol. 222. A hide of land
conteineth an hundred acres, &
8. hides or 800. acres, conteine
a knights fee. Of this reade more
in M. Lamberds Explica: of Saxon
wordes, verbo Hyda terræ. See
Carue.

Hide and gaine. old. nat. br. fol.
71. Coke. lib. 4. Tirringhams case.
 signifieth earable land. See Gai­
nage. 

Hidage (Hidagium) is an extra­
ordinarie taxe, to be paide for
euery hide of land, Bracton li. 2.
c. 6. writeth thus of it: Sunt etiam
quædam communes præstationes, quæ
seruitia non dicuntur, nec de consue­
tudine veniunt nisi cum necessitas in­









tervenerit, vel cum Rex venerit:
sicut sunt Hidagia, Coragia, & Car­
vagia: & alia plura de necessitate
& ex consensu communi totius Reg­
ni introducta, & quæ ad Dominum
feudi non pertinent, &c. of this
reade the new expounder of
lawe termes, who saith that hi­
dage is to be quit, if the king
shall taxe all the lands by hides,
and yet also graunteth it to be
the taxe it selfe, saying that
it was wont to be an vsuall
kind of taxing as well for proui­
sion of armour, as payments of
money. 

Hinefare. See Heinfare.not in OED as headword

Hidel. i. H. 7. ca. 6. seemeth to
signifie a place of protection, as
a Sanctuarie. 

Hierlome , See  Heirlome.

Hine , seemeth to be vsed
for a Seruant at husbandrie and
the master hine a seruant that o­
uerseeth the rest. anno. 12. R. 2. ca.
quarto. 

Hoblers (Hobellarii) are cer­
taine men, that by their tenure
are tyed to maintaine a little
light nagge, for the certifiing of
any inuasion made by enemies,
or such like perill toward the Sea
side, as Porchmouth, &c. of these
you shall reade. anno 18. Ed. 3.
stat. 2. cap. 7. & anno 25. eiusdem.
stat. 5. ca. 8. 

Hoghenhine , is he that com­
meth guestwise to a house, and
lieth there the third night. After
which time he is accounted of
his familie in whose house he li­
eth: and if he offend the kings
peace, his host must be answera­
ble for him. Bracton lib. 3. tract.
2. cap. 10. In the lawes of King
E dward set forth by M. Lam­
berd , he is called agenhine. wheare
you may reade more of this
mater. 

Hithe (Hitha) is a petit hauen
to land wares out of vessels or
boates, new booke of Entrise.
fol. 3. colum. 3. 

Hoggeshead , is a measure of
wine or oyle containing the
fourth parte of a tanne. that is
63. gallons. anno. i. R. 3. ca. 13. 

Hoistings. See Hustings.

Homage (Homagium) is a
french word, signifiing (fidem cli­
entularem.) for in the originall
grants of land and tenements
by way of fee, the lord did not
onely tie his tenents or feed
men to certaine seruices: but also
tooke a submission with promis
and oathe, to be true and loyall
to him, as there lord & benefact­
our. This submission was and is
called homage: the forme wher­
of you haue in the second statute
anni. 17. Ed. 2. in these words:
when a free man shall doe ho­
mage to his Lord, of whome he
holdeth in chiefe: he shall hold
his hands together betweene
the hands of his lord, and shall









say thus: I become your man
from this day forthe for life, for
member, & for wordly honour,
and shall owe you my faith for
the land I hold of you: sauing the
faith, that I doe owe vnto our
Soueraigne Lord the king, and
to mine other Lords. And in this
maner the Lord of the fee, for
which homage is due, taketh ho­
mage of euery tenent, as he com­
meth to the land or fee. Glan­
vile. lib. 9. ca. 1. except they be
women, who performe not ho­
mage but by their husbands,
(yet see Fitzherbert. that saith the
contrary in his natura br. fol. 15 7.
F.) Reade Glanuile more at
large in the said first chapter,
with the second, third & fourth;
The reason of this M. Skene gi­
ueth de verbo. significatione, verbo
Homagium. viz. because Homage
especially concerneth seruice in
warre. He saith also, that conse­
crated Bishops, doe no homage,
but onely fidelitie: the reason
may be all one. And yet I find in
the Register. orig. fol. 296. a. that
a woman taking liuerie of lands
holden by knights seruice, must
doe homage, but not being
ioyntly infeoffed, for then shee
doth only fealtie. And see Glan­
uile in the ende of the first chap­
ter of his nineth booke touching
Bishops consecrated, whome he
demeth to performe homage to
the king for their Baronie, but
onely fealty. Fulbeck reconci­
leth this, fol. 20. a. in these words.
By our lawe a religious man may
doe homage, but may not say to
his Lord Ego devenir home vester ,
because he hath professed him­
selfe to be onely Gods man, but
he may say, I doe vnto you ho­
mage, and to you shall be faith­
full & loyall. See of this Britton.
cap. 68. Homage , is either new
with the fee, or auncestrell: that
is, wheare a man and his aun­
cesters, time out of minde, haue
held their lands by homage to
their Lord, whereby the Lord
is tied to warrant the land vnto
his tenent. newe Termes of the
lawe. This homage is vsed in o­
ther countries as well as ours, &
was wont to be called Homini­
um. See Hotom. de verbis feudali­
bus, verbo. Homo. Skene diuideth it
into liegium & non liegium. de
verb. signifi. verbo Homage. for
the which see Leige , and Hoto­
man, disputatione de feudis tertia.
Homage is sometime vsed for
the Iurie in the Courte Baron,
Smith de Repub. Anglo. lib. 2.
cap. 27. The reason is, because
it consisteth most commonly of
such, as owe homage vnto the
Lord of the fee. And these of the
Feudists are called pares curiæ, si­
ve curtis, siue domus, sic dicuntur e­
nim conuassalli siue compares, qui ab
eodem patrono feudum receperunt,
vel qui in eodem territorio feudum









habent. Hotoman. Of this homage
you may read in the 29. c. of the
Grand Custumarie of Normandie ,
where you shall vnderstand of o­
ther sorts of homage vsed by
them, & straunge vnto vs. where­
unto ioyne Hotoman. disputat. de
feudis , in diuers places & name­
ly colunina 860. C hiis verbis. De­
inceps de nota hominii & feudalitiæ
subiectionis videamus. Omnium
quidem video esse commune, vt dex­
teras tanquam in fœderibus iun­
gerent: plerumque etiam vt dexte­
ris aversis, osculum præberent, in­
terdum, vt ambas manus iunctas
patrono contrectandas præberent:
supplicum & dedititiorum nomine,
qui velatas manus porrigebant. and
pag. 861. hiis verbis. Multis
Galliæ atque etiam Angliæ moribus
constitutum est (Quod ex Anglico
Litletonio intelleximus) vt hominium
seruili & supplici veneratione, ac
planè tanquam a dedititiis træstetur.
Nam vasallus discinctus, nudo capi­
te, ad pedes sedentis patroni proie­
ctus, ambas manus iunctas porrigit:
quas dum Dominus suis manibus
amplectitur, hæc verba pronunciat.
Here, venio in tuum hominium &
fidem, & homo tuus fio ore & mani­
bus; tibique iuro ac spondeo fidelem me
tibi futurum eorum feudorum no­
mine, quæ tuo beneficio accepi, &c.
Whereunto you may adde him,
colum. 819. G. 822. F. & 857. B. &
D. & F. Of homage in Scotland,
reade M. Skene, de verb. signif.
verbo Homagium. to whome you
may also ioyne a plentifull dis­
course in speculo Durandi. com­
monly called (speculator) among
the Civilians, titulo De Feudis. 

Homagie respectuando , is a writ
to the Escheatour commaund­
ing him to deliuer seisin of lands
to the heire, that is at full age,
notwithstanding his homage
not done, which ought to be
performed before the heire haue
liuerie of his lands, except there
fall out some reasonable cause
to hinder it. Fitzh. nat. br. fol.
269. 

Homine eligendo ad custodien­
dam peciam sigilli pro Mereato­
ribus æditi , is a writ directed to a
corporation, for the choice of a
new man to keepe the one part
of the seale, appointed for sta­
tutes Merchant, when the other
is dead, according to the statute
of Acton Burnel. Register. orig. fol.
178. a. 

Homine replegiando , is a writ
for the bayle of a man out of pri­
son: which, in what cases it lyeth,
and what not, See Fitz. nat. br.
fol. 66. See also the Register orig.
fol. 77. See the new booke of
Entries. verb. Homme replegi­
ando. 

Homine capto in Withernamium ,
 is a writ to take him, that hath
taken any bondman or woman,
and led him or her out of the
countie, so that he or shee can­









not be repleuied according to
lawe. Register orig. fol. 79. a. See
Withernam.

Homicide (homicidium) is the
slaying of a man: and it is diui­
ded into voluntarie, or casuall:
homicide voluntarie is that,
which is deliberated, and com­
mitted of a set mind, and pur­
pose to kill: homicide voluntary, is
either with precedent malice,
or without. The former is mur­
der, and is the felonious killing
through malice prepensed of
any person liuing in this realme
vnder the Kings protection.
West. part. 2. simbol: tit. Inditment.
sect: 37. &c. vsque ad 51. where
you may see diuers subdiuisions
of this mater. See also Glanuile.
lib 14 cap: 3. Bract. l: 3. tra: 2. c 4.
15. & 17. Brit. c. 5. 6. 7. See Muder.
Mans slaughter & Chaunce medley. 

Homesoken, aliâs Hamsoken
(Hamsoca) is compounded of
(Ham. i. habitatio) and (Soken. i.
quærere) It is by Bracton. lib. 3.
tract: 2. c: 23. thus defined. Home­
soken dicitur inuasio domus contra
pacem Domini Regis. It appeareth
by Rastall in the title. Exposition of
 words: that in auntient times
some men had an immunitie to
doe this: for he defineth Home­
soken to be an immunitie from
amercements for entring into
houses violently, and without
licence. which thing seemeth
so vnreasonable, that me thin­
keth he should be deceiued in
that his exposition. I would ra­
ther thinke it should be a liber­
tie, or power graunted by the
king to some common person,
for the cognisance or punish­
ment of such a trangression. for
so I haue seene it interpreted in
an old note that I haue giuen
me by a freind, which he had of
an expert man toward the Ex­
chequer, but of what authoritie
I know not. See Hamsoken.

Hondhabend , is compounded
of two Saxon words (Hond. i.
hand , and habend. i. hauing) and
signifieth a circumstance of ma­
nifest theft, when one is depre­
hended with the thing stollen in
his hand. Bracton. lib. 3. tract. 2.
ca. 31. & 54. who also vse the
(handberend) for the same, eodem
cap. 8. 

Honour (honor) is, beside the
generall signification, vsed speci­
ally for the more noble sort of
seigneuries: whereof other infe­
riour Lordships, or maners doe
depend by performance of cu­
stomes and seruices, some or o­
ther, to those that are Lords of
them. And I haue reason to think
that none are honours originally,
but such as are belonging to the
King. How be it they may after­
ward be bestowed in fee vpon o­
ther nobles. The maner of crea­
ting these honours may in part
be gathered out of the statutes









anno 31. H. 8. cap. 5. where
Hampton court is made an ho­
nour. and anno 33. eiusdem. cap.
37. & 38. whereby Amptill and
Grafton be likewise made ho­
nours. and anno 3 7. eiusdem ca.
18. whereby the King hath pow­
er giuen by his leters patents, to
erect foure seuerall honours. Of
Westminster , of Kingston vpon
Hull , Saint Osithes in Essex , and
Dodington in Berkshire. This word
is also vsed in the selfe same sig­
nification in other nations. See
ca. licet causam. extra de probatio­
nibus. and Minsinger vpon it. nu.
4. In reading I haue obserued
thus many honours in England:
The honour of Aquila. Camden.
Britan. pag. 2 31. of Clare. pag.
351. of Lancaster. pag. 581. of
Tickhill. pag. 531. of Wallingford,
Notingham, Boloine. Magna char­
ta. cap: 31. of West Greenewish,
Camd: pag. 239. of Bedford. pu­
pil. oculi. parte. 5. cap. 22. of Bar­
himsted. Brooke, titulo Tenure. nu.
16. of Hwittam. Camd pag. 333.
of Plimpton. Cromptons Iurisd. fol.
115. of Creuecure , and Hagenet
Fobert. anno 32. H. 8. cap. 48. of
East Greenewish. of Windsour in
Berkshire , and of Bealew in Essex.
anno 37. H. 8. ca. 18. of Peverell
in the county of Lincolne. Regi­
ster orig. fol. i. 

Horngeld , is compounded of
Horn and Gildan or Gelder. i. Sol­
uere. It signifieth a taxe within
the forest to be paid for horned
beasts. Cromptons Iurisd. fol. 197.
And to be free thereof, is a pri­
uiledge graunted by the king
vnto such as he thinketh good.
Idem, ibidem. and Rastall in his
exposition of words. 

Hors de son fee , is an excepti­
on to auoide an action brought
for rent, issuing out of certaine
land by him that pretendeth to
be the Lord, or for some cu­
stomes and seruices. for if he can
iustifie that the land is without
the compas of his see, the action
falleth. v. Brooke. hoc titulo. 

Hospitallers (Hospitalarii) were
certaine knights of an order, so
called, because they had the care
of hospitals, wherein Pilgrims
were receiued. to these Pope Cle­
ment the fift transferred the Tem­
plers , which order, by a councell
held at Vienna in Fraunce, he sup­
pressed for their many and great
offences, as he pretended. These
Hospitallers be now the knights
of Saint Iohn of Malta. Cassan:
gloria mundi. parte. 9. considerat. 5.
This constitution was also obey­
ed in Ed. the 2. time here in En­
gland, and confirmed by Parla­
ment. Tho. Walsingham. in histori­
a Ed. 2. Stowes annals. ibidem.
These are mentioned anno 13.
Ed. 1. ca. 43. & anno 9. H. 3.
ca. 37. 









Hostelers (Hostellarius) com­
meth of the french (Hosteler. i.
Hospes) and signifieth with vs,
those that otherwise we call In­
keepers, an. 9. Ed. 3. stat. 2. c. 11. 

Hotchepot (in partem positio) is
a word that commeth out of
the lowe countries, where (Huts­
pot) signifieth flesh cut into pretie
peeces, and sodden with herbs
or roots, not vnlike that which
the Romans called farraginem.
Festus. Litleton saith that literally
it signifieth a pudding mixed
of diuers ingredients: but me­
taphorically a commxtion or
putting together of lands, for
the equall diuision of them be­
ing so put together. Examples
you haue diuers in him. fo. 55. and
see Briton, fol: 119. There is in
the Ciuile law collatio bonorum
answerable vnto it, whereby if
a child aduaunced by the father
in his life time, doe after his fa­
ther decease, chalenge a childs
part with the rest, he must cast in
all that formerly he had receiu­
ed, and then take out an equall
share with the others. De colla­
tio: bonorum. π. lib: 37. titulo. 6. 

Housebote , is compounded of
H ouse , and Bote. i. compensatio. It
signifieth estovers out of the
Lords woode to vphould a te­
nement or house. 

Houserobbing , is the robbing
of a man in some part of his
house, or his booth, or tent in any
faire or market, and the owner,
or his wife, children, or seruants,
being within the same. for this
is felonie by anno. 23. H: 8. cap. i.
and. anno. 3. Ed. 6. cap 9. yea, now
it is felonie thoughe none be
within the house. anno. 39. Eliz:
ca. 15. See Burglarie. see West.
part. 2. sym. tit. Inditements, sect : 67. 

Hudegeld, significat quiet antiam
transgressionis illatæ in seruum
transgredientem. Fleta lib. i. ca : 47.
Quære whether it should not
be Hindegeld. 

Hue , and Crie (Hutesium &
Clamor) come of 2. french
words: (Huier) and (Crier) both
signifiing to shoute or cry a
loude. M. Manwood, parte. 2. of
his forest lawes. ca: 19. nu. 11.
saith, that Hew is latine , meaning
belike the Interiection but vnder
reformation, I think he is decei­
ued; this signifieth a pursuite of
one hauing committed felonie
by the high way, for if the party
robbed, or any in the companie
of one murdered or robbed,
come to the Constable of the
next towne, and will him to raise
Hiew and Crie, or to make pur­
suite after the offendour, describ­
ing the partie, and shewing as
neere as he can, which way he is
gone: the Constable ought forth­
with to call vpon the parishe
for aide in seeking the felon:
and if he be not found theare,
then to giue the next Constable









warning, and he the next, vntill
the offender be apprehended,
or at the least, vntill he be thus
persued to the sea side. Of this
reade Bracton. lib: 3. tracta: 2. ca.
5. Smith de Repub: Anglo: lib: 2.
cap : 20. and the statute anno. 13.
Ed. 1. statute of Winchest. c. 3. &. a.
28. Ed: 3. c: 11. & anno. 27. El: c:
13. The Normans had such a per­
suite with a Crie after offenders
as this is, which they called Ha­
ro : whereof you may reade the
Grand Custumarie, cap. 54. Some
call it Harol : the reason where­
of they giue to be this, that there
was a Duke of Normandy called
Rol , a man of great iustice and
seruerity against grieuous offen­
ders: and that thereupon when
they follow any in this persuite,
they crie Ha-Rol , as if they should
say, Ah Rol where art thou that
wert wont to redresse this, or
what wouldst thou doe against
these wretches, if thou now
wert liuing. But in truth I thinke
it commeth, from Harier. i. flagi­
tare, inquietare, vrgere. Hue is v­
sed alone. anno 4. Ed. pri. Stat. 2.
This the Scots call Huesium and
M. Skene de verbo. signif. verb. Hu­
esium , saith, that it commeth of
the french Oyes. i. Audite. making
one etymologie of this and the
crie vsed before a proclamation,
The maner of their hue and cry,
as he there describeth it, is that
if a robberie be done, a horne
is blowne, and an out crie made:
after which, if the partie flie a­
way, and not yeeld himselfe to
the Kings Bayliffe , he may be
lawfully slaine, and hanged vp
vpon the next gallowes. Of this
Hue and crie, see Cromptons Iu­
stice of peace. fol. 160. b. 

Huissers. See  Vshers.

Hundred (Hundredum) is a part
of a shire, so called originally,
because it conteined ten tithings
called in latine Decennas. These
were first ordeined by king Al­
fred the 29. king of the West Sax­
ons. Stowes Annals pag. 10 5. of
these thus speaketh M. Lamb. in
his explica. of Saxon words. verbo,
Centuria: Aluredus rex, vbi cum
Guthruno Daco fœdus inierat, pru­
dentissimum illud olim a Ietrone
Moysi datum secutus consilium,
Angliam primus in satrapias, Cen­
turias, & Decurias, partitus est. Sa­
trapiam, shire a shyran (quod partiri
significat) nominavit: Centuriam ,
H undred: & Decuriam, Toothing siue
Tienmantale. i. Decemvirale colle­
gium appellavit: atque iisdem nomi­
nibus vel hodie vocantur, &c. And
againe afterward: Decrevit tum
porro Aluredus liberæ vt condicio­
nis quisque in Centuriam ascribere­
tur aliquam, atque in Decemvirale
aliquod coniiceretur collegium. De
minoribus negotiis Decuriones vt
iudicarent: ac si quæ esset res diffici­
lior, ad Centuriam deferrent: difficil­
limas denique & maximi momenti









lites , Senator & præpositus in fre­
quenti illo ex omni satrapia conven­
tu componerent. Modus autem iudi­
candi quis fuerit, Ethelredus Rex,
legum, quas frequenti apud Vana­
tingum senatu sancivit, capite 4.
hiis fere verbis exponit. In singulis
centuriis comitia sunto, atque liberæ
condicionis viri duodeni, ætate supe­
riores, vnà cum præposito, sacra te­
nentes iuranto, se adeo virum ali­
quem innocentem haud damnaturos
sontemve absoluturos. This forme
of diuiding counties into Hun­
dreds for beter gouernment,
howsoeuer it is attributed to
King Alfred here with vs: ye the
had it from Germanie, whence
he and his came hither. For
there centa or centena is a iu­
risdiction ouer a hundred
townes, and conteineth the pu­
nishment of capitall crimes.
Andræas Kitchin. in his tractate, de
sublimi & regio territorii iure. ca.
4. pa. 123. where he also shew­
eth out of Tacitus, de situ &
moribus Germa. that this diuiui­
sion was vsuall amongst the
Germans before his daies. By
this you vnderstand the original
and old vse of Hundreds, which
hold still in name, and remaine
in some sort of combination, for
their seuerall seruices in diuers
respects, but their iurisdiction is
abolished, and growne to the
countie court, some few excep­
ted, which haueb beene by pri­
uiledge annexed to the crowne,
or graunted vnto some great
subiect, and so remaine still in
the nature of a Fraunchise. And
this hath beene euer sithence the
stat. anno 14. Ed. 3. stat. 1. ca. 9.
whereby these Hundred courts
formerly fermed out by the
Shyreeue to other men, were re­
duced all, or the most part, to
to the countie court, and so
haue and doe remaine at this
present. So that where you read
now of any hundred courts, you
must know, that they be seuerall
fraunchises, wherein the Shy­
reeue hath not to deale by his
ordinarie authoritie, except they
of the Hundred refuse to doe
their office. See West. parte. 1. sym­
bol. lib. 2. sect. 288. See. Turn. The
newe expounder of lawe termes
saith, that the latine Hundredum
is sometime vsed for an immu­
nitie or priviledge, whereby a
man is quit of mony or customes
due to the gouernours, or Hun­
dreders. 

Hundreders (Hundredarii) be
men empaneled or fit to be
empaneled of a Iurie vpon any
controversie, dwelling within
the Hundred where the land li­
eth, which is in question, Cromp­
tons Iurisdict. fol. 217. & anno 35.
Henrici 8. cap. 6. It signifieth also
him that hath the Iurisdiction of
a hundred, and holdeth the
hundred court. anno 13. Ed. pri.









ca. 38. anno. 9. Ed. 2. stat. 2. & anno
2. Ed. 3. ca. 4. and sometime is v­
sed for the Bayliffe of an hun­
dred. Hornin his mirrour of Iustices,
li. 1. ca del office del coroner. 

Hundred laghe , signifieth the
Hundred courte, from the which
all the officers of the Kings fo­
rest were freed by the charter of
Canutus. ca. 9. Manwood. parte. 1.
pag. 2. not in OED as headword

Huors, See Conders.

Huseans , commeth of the
French (houseaux) i. ocrea , a boote.
It is vsed in the Statute anno. 4.
Ed. 4. ca. 7. 

Hustings (Hustingum) may
seeme to come from the French
(Haulser. i. tollere, attollere, suberi­
gere) for it signifieth the princi­
pall and highest court in London.
anno 11. H. 7. ca. 2 1. & Fitzh. nat.
br. fol. 23. See anno. 9. Ed. pri. ca. v­
nico. Other Cities and townes
also haue had a court of the
same name, as Winchester, Lin­
colne, Yorke , and Sheppey , and o­
thers, where the Barons or Citi­
zens haue a record of such
things as are determinable be­
fore them. Fleta. libro 2. cap.
55. 

Husfastene , is he that holdeth
house and land, Bracton lib. 3. tra­
ctat. 2. ca. 10. His words be these,
Et in franco plegio esse debet omnis,
qui terram tenet & domum, qui di­
cuntur Husfastene, & etiam alii qui
illis deserviunt, qui dicuntur Folghe­
res, &c. not in OED as headword


I A

IArrock: anno 1 Ri. 3. ca. 8. is a
kinde of cork so called. 

Identitate nominis , is a writ
that lyeth for him who is vpon
a Capias or Exigent , taken and
committed to prison for another
man of the same name: whereof
see the forme and farder vse, in
Fitzh. nat. br. fol. 26 7. see the
Register originall, fol. 194. 

Idiot , and he that afterward
becometh of insane memory, dif­
fereth in diuers cases, Coke. fol.
154. b. lib. 4. See here following
Idiota inquirenda. 

Idiota inquirenda vel examinan­
da , is a writ that is directed to the
excheatour or the Shyreeue of a­
ny county, where the king hath
vnderstanding that there is an I­
diot , naturally borne so weake of
vnderstanding, that he cannot
gouern or mannage his inheri­
tance, to call before him the par­
ty suspected of Idiocie, & examin
him: And also to inquire by the
oaths of twelue men, whether he
be sufficiently witted to dispose
of his owne lands with discre­
tion or not, and to certifie ac­
cordingly into the Chauncery:
For the king hath the protection
of his subiects, & by his preroga­
tiue the gouernment of their lands
and substance, that are naturally









defectiue in their owne discreti­
on: statut. de prærogatiua Regis edi­
tum anno 17. Ed. 2. cap. 8. wher­
of read Stawnf. prærog. cap. 9. and
of this writ, read Fitzh. nat. br
fol. 232. see the register orig. fol.
267. 

Ietzon se  Flotzon.

Ieofaile , is compounded of 3. french
words, I ay faille: i. ego lapsus sum :
& signifieth in our common lawe,
an ouer-sight in pleading, touch­
ing the which you haue a statute
anno 32. H. 8. cap. 30. whereby
it is enacted, that if the Iury haue
once passed vpon the issue,
though afterward there be found
a Ieofaile in the pleading, yet
iudgement shall likewise be gi­
uen according to the verdict of
the Iury. See Brooke, tit. Repleder :
the author of the new tearms of
law saith, that a Ieofaile is when
the parties to any suite, haue in
pleading proceeded so farre, that
they haue ioyned issue, which
shalbe tried or is tried by a Iury
or inquest: and this pleading or
issue is so badly pleaded or ioy­
ned, that it will be errour if they
proceed: then some of the said
parties may by their councell
shew it to the court, as well after
verdict giuen and before iudge­
ment, as before the Iury be
charged: the shewing of which
defects before the Iury charged,
was often when the Iury came
into the court to trie the issue,
then the councell which will
shew it, shall say: this inquest
you ought not to take, and if it
be after verdict, then he may say.
to Iudgement you ought not to
goe: and because of this many
delayes grew in suites, diuers sta­
tutes are made to redresse them:
viz. 32. H. 8. c. 30. & others in Q.
Elizabethes daies, and yet the
fault litle amended. 

Ignoramus , is a word properly
vsed by the grand Enquest em­
paneled in the inquisition of cau­
ses criminall and publique: and
writen vpon the bill, whereby
any crime is offered to their consi­
deration, when as they mislike
their euidence, as defectiue or to
weake to make good the pre­
sentment. The effect of which
word so written is, that all farder
inquiry vpon that party for that
fault, is thereby stopped, and he
deliuered without farder aun­
swer. It hath a resemblance with
that custome of the auncient Ro­
mans: where the Iudges, when
they absolued a person accused,
did wright A. vpon a litle table
prouided for that purpose. i. Ab­
soluimus : if they iudged him guil­
ty, they writ C. id est. Condemna­
mus: if they found the cause diffi­
cult and doubtfull, they writ. N.
L. id est. Non liquet. Asconius Pedt­
anus in oratio. pro Milone. Alex­
ander ab Alexandro. Genial. die­
rum, li. 3. ca. 14. 









Ikenild streate , is one of the four
famous wayes that the Romans
made in England, taking the be­
ginning ab Icenis , which were
they that inhabited Northf Southf.
and Cambridg shyre, Camd. Britan.
fol. 343. See  Watling streat.See OED "vallum," 1, citation from 1781.

Imparlance (interlocutio vel in­
terloquela) is a petition made In
court vpon the count of the De­
maundant by the tenent, or de­
claration of the plaintife, by the
defendant, whereby he craueth
respight, or an other day to put
in his aunswer, See Brooke, titulo
Continuance: See Dies datus: Im­
parlaunce seemeth to be generall
or speciall: speciall imparlaunce
is with this clause saluis omnibus
aduantagiis tam ad iurisdictionem
curiæ, quàm breue & narrationem.
Kitchin: fol. 200. Then generall
in reason must be that, which is
made at large without inserting
that or the like clause. See  Emper­
launce 

Impeachment of Waste, (impetitio
vasti) commeth of the french
(empeschement. i. impedimentum)
and signifieth with vs, a restraint
from committing of waste vpon
lands or tenements: See Waste.

Implements , commeth of the
french (emploier , i : insumere in re
aliqua) it signifieth with vs, things
tending to the necessarie vse of
any trade or furniture of house­
hould. 

Impost , is a french word signi­
fiing tribute , comming of the
verb (imposer) i : in iungere, irrogare ,
it signifieth with vs, the taxe
receiued by the prince for such
merchandise, as are brought
into any heauen from other
nations : anno. 31. Elizabeth. cap.
5. and I thinke it may in some
sort be distinguished from cu­
stoms, bicause custom is rather
that profit, which the prince
maketh of wares shipped out
of the land: yet may they be
confounded: 

Improuement , S ee Approue. 

In casu consimili. is a writt: See
casu consimili. 

In casu prouiso: is a writt: See
casu prouiso. 

Incident (incidens) signifieth a
thing necessarily depending
vpon another as more princi­
pall: For example, a court Baron
is soe incident to a maner, and
a court of piepowders to a faier,
that they cannot be seuered by
graunt: for if a maner or faire be
graunted, these coutts cannot be
reserued. Kitchin. fol: 36. 

Incroche (incrociare) Se  encroch­
ments. Admirals , and their de­
puties doe incroche to them­
selues Iurisdictions, &c: anno. 15.
Rich: 2. ca : 3. 

Indenture (indentura) is a
writing comprising some con­
tract betwene two, and being
indented in the toppe aunswer­
ably to another, that likewise









conteineth the same contract:
this the Latines called σὺ??γραφον ,
or σὺτγραφην , which among the
ciuilians, is defined to be scrip­
tura inter creditorem & debitorem
indentata, in cuius sciscura literis
capitalibus hæc dictio συ??γ ραφη , or
plurally τα συ??γραρα scribitur.
and it differeth from χειρὸγραφη ,
quia hoc manu vnius tantùm, puta
debitoris scribitur, & penes debito­
rem relinquitur pruinc. construt.
de offic: archidiaco: cap: pri: verbo
In scriptis. vid. Gothosr: in notis ad
l. 27 §. 3. ϖ . ad leg. Corn. de fals. 

Indicauit , is a writ or prohi­
bition that lieth for a patron of a
church, whose Clerk is defen­
dant in court Christian, in an acti­
on of tithes commenced by an­
other clerke, and extending to
the fourth part of the church,
or of the tithes belonging vnto
it. for in this case, the suite be­
longeth to the kings court, by
the statute Westm: 2: cap: 5. wher­
fore the patron of the desen­
dant, being like to be preiudiced
in his church and aduowzen, if
the plaintife obteine in the
court Christian, hath this means
to remoue it to the kings court;
the Register originall fol. 35. b. see
ould. nat: br. fol. 31. & the register
fol: 35. and Britton. cap: 109. fol.
260. A. 

Indictment (Indictamentum) see
indightment.

Indiuisum , is vsed in the com­
mon law, for that which two
houlde in common without
particion. Kitchin. fol. 241. in these
words: he houldeth pro indiuiso,
&c: not in OED as headword

Indorsment (indorsamentum , sig­
nifieth in the common law, a
condition writen vpon the other
side of an obligation: West: part:
2. simbol: sect : 157. 

Infang, aliàs infeng, significat
quietantiam prioris prisæ ratione
conuiuy, Fleta l: i. cap: 47. 

Infangthef, or Hinfangthefe, or
Infangtheof , is compounded of
3. Saxon words: the preposition
(In) (fang or fong) to take or catch,
& (thef) it signifieth a priuiledge
or libertie graunted vnto Lords
of certaine maners, to iudge any
theeife taken within there see.
Bracton. lib. 3. tracta. 2. cap. 8.
In the lawes of King Edward.
set out by M. Lambard: nu. 26.
you haue it thus described: In­
fangthefe, Iustitia cognoscentis latro­
nis sua est, de homine suo, si capius
fuerit super terram suam: Illi verò
qui non habent has consuetudines,
coram iusticia regia rectum faciant
in Hundredis, vel in Wapentachiis,
vel in Scyris: The definition of
this see also in Britton: fol : 90. b.
and Roger Houeden. parte poster.
suorum annalium. fol. 345. b. & M.
Skene de verborum significatione,
verbo Infangthefe , who writeth
of it at large, reciting diuersitie
of opinions touching this and









outfangthefe: Fleta saith that (in­
fangtheef) for soe he writeth it,
dicitur latro captus in terra ali­
cuus seisitus aliquo latrocinio de
suis propriis hominibus. libro 1. cap:
47: § Infangtheefe. 

Information, See Enditement: See
the new termes of lawe. 

Informer (informator) in french
(informateur) is an officer belong­
ing to the exchequer or kings
bench, that denounceth or com­
plaineth of those that offend a­
gainst any penall statute. They
are otherwise called promotors,
but the men being bashfull of
nature, doe blush at this name:
these among the Ciuilians are
called delatores. 

Informatus non sum , is a for­
mall aunswer or of course made
by an atturney, that is commaun­
ded by the court to say what he
thinketh good in the defence of
his client, by the which he is
deemed to leaue his client vnde­
fended, and so iudgement pas­
eth for the aduerse party. See the
new booke of Entries. titulo Non
sum informatus. and Iudgement
12. 

Ingressu , is a writ of entrie,
that is, whereby a man seeketh
entry into lands or tenements; it
lyeth in many diuers cases wher
it hath as many diuersities of
formes. See Entry: this writ is
also called in the particular, præ­
cipe quod reddat : because those be
formall words in all writs of en­
try. The writs as they lye in di­
uers cases, are these described in
the old natura breu: Ingressu ad
terminum qui prætertit, fol. 121. ori­
ginall Regist. fol. 227. which ly­
eth where lands or tenements
are let to a man for terme of
yeares, and the tenent houldeth
ouer his terme: Ingressu dum non
fuit compos mentis. fol 223. origi­
nal: regist: fol. 228. which lyeth
where a man selleth land or te­
nement when he is out of his
wits, &c. Ingressu dum fuit infra
ætatem, fol. 123. Register originall
fol. 228. which lyeth where one
vnder age selleth his lands, &c.
Ingressu super descisina in le quibus
fol. 125. Regist. orig. fol. 2 29.
which lyeth where a man is dis­
seised and dyeth, for his heire a­
gainst the disseisour. Ingressu in per
fol. 1 26. original register fol. 229.
Ingressu sur cui in vita. fol. 128. o­
riginall Register fo. 239. both
which see in Enrry: Ingressiu causa
matrimonii prælocuti. fol. 130. ori­
ginal register fol. 233: which see
causa matrimonii prælocuti. Ingressu
in casit proviso, f. 132. Register ori­
ginal. fo. 235. which see casu pro
viso. Ingressu cui ante diuortium.
fol. 130. original register fol. 233.
for which see, cui ante diuortium:
Ingressu in consimili casu, fol. 233.
originall Register fol. 236. for
which see Consimili casu. Ingressu
sine consensu capituli, fol. 128. ori­









ginal register, fol. 230: for which
see Sine assensu capituli. Ingressu ad
communem legem. fol. 132. origi­
nall register, fol. 234. which lyeth,
where the tenent for terme of
life or of anothers life, tenent by
curtesie, or tenent in Dower ma­
keth a feofment in fee, & dyeth;
he in the reuersion shall haue the
foresaid writ against whomsoeuer
that is in the land, after such feof­
ment made. 

Ingrossing of a fine , is making
the indentures by the chirogra­
pher, and the deliuery of them
to the party vnto whom the cog­
nisance is made. Fitzh. nat. br.
fol. 147. A. 

Ingrosser (ingrossator) commeth
of the french Grosseur: i. crassiiudo.
or Grosier. i. Solidarius venditor ,
it signifieth in the common law,
one that buieth corne growing,
or dead victuall, to sell againe,
except barly for mault, oats for
oatemeale, or victuals to retaile,
badging by licence, and buying
of oiles, spices, and victualls,
other then fish or salte. anno. 5
Edward: 6. cap: 14. anno. 5. Elizab:
cop : 14. anno 13. Elizab. cap: 25.
these be M. Wests. words, parte.
2. simbol: titulo Inditements: se ct. 64.
howbeit this definition rather
doth belong to vnlawfull in­
grossing, then to the word in
generall. see  Forstaller.

Inheritance (hæreditas) is a per­
petuity in lands or tenements to
a man and his heirs. For Litleton
cap : i. lib : i: hath these words: and
it is to be vnderstand, that this
word (inheritance) is not onely
vnderstand, where a man hath
inheritance of lands and tene­
ments by discent of heritage,
but also euery fee simple or fee
taile that a man hath by his pur­
chase, may be said inheritance:
for that, that his heires may in­
herit him: Seuerall inheritance
is that, which two or moe hould
seuerally, as if two men haue
land giuen them to them and the
heires of their two bodies, these
haue ioynt estate during their
liues, but their heires haue seue­
rall inheritance. Kitchin fol : 15 5.
See the new terms of law. verbo
Enheritance: 

Inhibition (Inhibitio) is a writt to
inhibit or forbid a Iudge from
farder proceding in the cause
depending before him : See Fitzh:
nat: br: fol : 39. where he putteth
prohibition and inhibition to­
gether: inhibition is most com­
monly a writ issuing out of a
higher courte Christian to a
lower and inferiour, vpon an
Appeale. anno. 24. H. 8. cap : 12.
and prohibition out of the kings
courte to a court Christian, or to
an inferiour temporall court. 

Iniunction (iniunctio) is an inter­
locutory decree out of the Chan­
cerie, sometimes to giue posses­
sion vnto the plaintife, for want









of apparence in the defendant,
sometime to the Kings ordinary
court, and somtime to the court
Christian, to stay proceeding in
a cause vpon suggestion made,
that the regour of the law, if it
take place, is against equitie and
conscience in that Case. see West:
parte. 2. simb: titulo Proceeding in
Chauncery sect: 25. 

Inlawgh (Inlagatus) vel homo sub
lege) signifieth him that is in
some frank pledge, of whome
take Bractons words, l. 3. tracta:
2. cap. H. nu. 5. Minor verò, &
qui infra ætatem duodecim annorum
fuerit, vtlagari non potest nec extra
legem poni: quia ante talem ætatem
non est sub lege aliqua, nec in de­
cenna, non magis quam fœmina. quæ
vtlagari non potest quia ipsa non est
sub lege. i. Inlowghe anglicè: sc: in
franco plegio siue decenna sicut
mæsculus duodecim annorum &
vlteriùs, &c. Inlaughe, significat
hominem subiectum legi, Fleta li. i.
cap. 4 7. 

Inlagary (Inlagatio) is a restitu­
tion of one outlawed, to the
kings protection, and to the be­
nifite or estate of a subiect.
Bracton: lib. 3 tarcta : 2 cap. 14. nu.
6. 7. 8. Britton cap : 13. 

Inmates , are those that be ad­
mitted to dwell for their mony
iointly with another man, though
in seuerall roomes of his mantion
house, passing in and out by
one doore, and not being able
to maintaine themselues. which
are inquiralle in a leete. Kitchin.
fol: 45 where you may reade
him at large who be properly
Inmates in intendment of law,
and whoe not. 

Imprision, anno 18 Ed: 3 statu:
4: cap. vnico. seemeth to signifie
so much as an attempt, comming
of the french empris) which
is all one with (enterpris) an en­
terprise. not in OED as headword

Inquirendo , is an authoritie
giuen to a person or persons, to
inquire into some thing for the
kings aduantage, which in what
cases it lieth, see the Register ori­
ginall, fol. 72. 85. 124. 265. 266.
179. 267. 

Inquisition (Inquisitio) is a maner
of proceeding in maters crimi­
nall, by the office of the Iudge,
which Hostiensis defineth thus:
Inquisitio nihil aliud est quàm alicu­
ius criminis manifesti ex bono & æ­
quo Iudicis competentis canonicè fa­
cta investigatio, ca. qualite de ac­
cusatio. in the Decretales : this
course we take here in England
by the great Enquest before Iu­
stices in Eyre : See Eyre. and the
places in Bracton and Britton
there noted; Inquisition is also
with vs, vsed for the King in
temporall causes and profits, in
which kinde it is confounded
with Office : Stawnf prærog. fo. 51.
See Office.

Inrolement (Irrotulatio) is the









registring, recording or entring
of any lawful act in the rowles
of the chauncerie, as recogni­
sance acknowledged, or a sta­
tute or a fine leuied. See West.
parte 2. symbol. titulo Fines. sect.
133. 

Insimul tenuit , is one species of
the writ called a Formdon. See
Formdon.

Intakers , be a kinde of theeues
in Ridesdall. anno. 9. H. 5 ca. 8. so
called, as it seemeth, because they
dwelling within that libertie,
did receiue in such booties of
catell or other things as the out
parters brought in vnto them.
See  Out porters.

Interdiction (Interdictio) is v­
sed in the common lawe, in the
same signification that it hath in
the canon lawe, where it is thus
defined: interdictio est censura ec­
clefiastica prohibens administratio­
nem diuinorum: c. quod in te: de pæ­
nitent: & remiss. in the Decre­
tals: and thus is it vsed. anno. 24.
H. 8. cap. 12. 

Interpleder, See Enterpleder.

Intrusion (Intrusio) by Bracton
lib. 4. cap. 2. is thus defined: Intru­
sio est, vbi quis (cui nullum ius com­
petit in re nec scintilla Iuris, posses­
sionem vacuam ingreditur, quæ nec
corpore necanimo possidetur, sicut hæ­
reditatem iacentem antequam adi­
ta fuerit ab hærede, vel saltem a do­
mino capitali ratione custodiæ, vel
ratione eschaetæ si forte hæredes non
existant, vel si post mortem alicu­
ius per sinem factum, vel per mo­
dum donationis, vbi successio sibi lo­
cum vendicare non possit, vel si post
mortem alicuius qui tenuit ad vi­
tam, debeat tenementum reverti ad
proprietarium, ponat quis se in seisinam
antequam tenememtum illud veniat ad illis
ad quem pertinere deberet ex prædi­
ctis causis , with whome agreeth
Fleta, lib. 4. cap. 30. §. 1. & 2. See
Britton cap. 65. to the same effect.
See the newe booke of Entries.
verbo Entrusion. See Entrusion. See
disseisin: the author of new Terms
of lawe would haue intrusion
especially after the tenent for
life is deceased. verbo, Abatement.
and abatement in all other ca­
ses: But I finde not any latine
word for abatement but intrusio ,
so that I rather thinke these 2.
english words to bee synonyma:
and Fleta cap. suprà citato , see­
meth direct against this his opi­
nion. 

Intrusione , is a writ that lyeth
against the intruder: Register: fol.
233. 

Inuentarie (inuentarium) is a
description or repertory orderly
made of all dead mens goods
and catels prized by foure cre­
dible men or more, which euery
executor or administrator ought
to exhibite to the Ordinary, at
such times as he shall appoint
the same. West. parte prim: Simb:
lib: 2. sect: 696. where likewise









you may see the forme: This In­
uentary proceedeth from the ci­
uill law; for whereas by the aun­
cient law of the Romans, the
heire was tyed to aunswer all the
testators debts, by which meanes
heritages were preiudiciall to
many men and not profitable :
Iustinian to encorage men the
better to take vppon them this
charitable office, ordained, that
if the heire would first make and
exhibite a trew Inuentary of all
the testatours substance com­
ming to his hand, he should be
no furder charged, then to the va­
lew of the Inuentarie: l. vlt. Cod.
de Iure deliberando. 

Inuest (Inuestire) commeth of
the french word (Inuester) and
signifieth to giue possession. Heare
Hotoman de verbis feudalibus, ver­
bo Inuestitura: Inuestitura barba­
rum nomon, barbaricam quoque ratio­
nem habet. Nam vt ait Feudista, lib.
2. titulo. 2. Inuestitura propriè dici­
tur quando hasta vel aliquod corpo­
reum traditur à domino ; with vs we
vse likewise to admit the tenents
by deliuering them a verge or
rodd into their hands, and mi­
nistring them an oath, which is
called Inuesting: others define
it thus : Inuestitura, est alicuius in
suum ius introductio. 

Inure , signifieth to take effect:
as the pardon inureth : Stawnf:
prærog: fol. 40. See Enure.

Ioynder , is the coupling of two
in a suite or action against ano­
ther: Fitzh. nat. br. fol. 118. H. 201.
H. 221. & H. in many other pla­
ces, as appeareth in the Index.
verbo Ioynder. 

Ioynt tenents (simul tenentes) li­
ber intrationum, titulo Formdon in
vieu. 3. be those that come to
and hould lands or tenements
by one title pro indiuiso , or with­
out partition. Litleton lib. 3. cap.
3. and termes of law: See Tenents
in common.

Ioyning of issue (Iunctio exitus)
 See Issue.

Iointure (Iunctura) is a coue­
nant, whereby the husband or
some other freind in his behalfe
assureth vnto his wife, in respect
of mariage, lands or tenements
for terme of her life, or other­
wise, See West: part: 2. Symbol.
lib. 2. titulo Couenants. sect. 128.
and the new exposition of the law
terms: it seemeth to be called a
Ioynture, either because it is
granted ratione iuncturæ in matri­
monio , or because the land in
franke mariage, is giuen ioyntly
to the husband and the wife, and
after to the heirs of their bodies,
whereby the husband and wife
be made ioynt tenents during
the couerture. Coke li. 3. Butler &
Bakers case. f. 27. b. See franckmari­
age. Ioynture , is also vsed as the ab­
stract of ioynt tenents. Coke lib. 3.
the Marques of Winchesters case.
fol. 3. a. b. Iunctura , is also by









Bracton and Fleta vsed for ioyn­
ing of one bargaine to another.
Fleta lib. 2. ca. 60. touching the
selfe same thing: and therefore
ioynture in the first signification,
may be so called, in respect that
it is a bargaine of liuelyhood for
the wife: adioyned to the con­
tract of mariage. 

Iourn Choppers, anno 8. Hen. 6.
cap. 5. be regraters of yarn. Whe­
ther that we now call (yarne)
were in those daies called (iourn)
I cannot say: but (choppers) in
these daies are well knowne to
be chaungers. as choppers of
churches, &c. 

Iourneyman , commeth of the
French (Iournee) that is a day or
dayes worke. which argueth that
they were called Iourneymen,
that wrought with others by the
day, though now by statute it be
extended to those likewise, that
couenant to worke in their oc­
cupation with another by the
yeare. anno quinto Elizabeth. cap.
quarto. 

Issue (Exitus) commeth of the
French (Issir : i. emanare) or the
substantiue (Issue : i. exitus, euentus)
It hath diuers applications in the
common lawe: sometime being
vsed for the children begotten
betweene a man and his wife:
sometime for profits growing
from an amercement or fine, or
expenses of suite: sometime for
profits of lands or tenements:
West : 2. anno. 13. Edw. prim. cap.
39. sometime for that point of
mater depending in suite, wher­
upon the parties ioyne and put
their cause to the triall of the Iu­
ry: and in all these it hath but one
signification, which is an effect
of a cause proceeding. as the
children be the effect of the ma­
riage betweene the parents: the
profits growing to the king or
Lord from the punishment of
any mans offence, is the effect of
his transgression: the point refer­
red to the triall of twelue men is
the effect of pleading or processe.
Issue , in this last signification, is
either generall or speciall: Ge­
nerall issue seemeth to be that,
whereby it is referred to the Iury
to bring in their verdict, whe­
ther the defendant haue done a­
ny such thing, as the plaintife
layeth to his charge. For exam­
ple: if it be an offence against a­
ny statute, and the defendant
pleade: not culpable: this being
put to the Iury, is called the ge­
nerall issue: and if a man com­
plaine of a priuate wrong which
the defendant denieth, & plead,
no wrong nor disseisin, and this
be referred to the 12. it is like­
wise the generall issue. Kitchin.
fol. 225. See the Doctor and Stu­
dent, fol. 158. b. the speciall issue
then must be that, where speciall
mater being alleadged by the
desendant for his defence, both









the parties ioyne therevpon, and
so grow rather to a demurrer, if
it be quæstio Iuris , or to tryall by
the Iurie, if it be quæstio facti , see
the new booke of Entries: verbo ,
Issue. 

Iuncture see Iointure.

Iure patronatus, See the newe
booke of Entries, verbo Iure pa­
tronatus in quare impedit. fol. 465.
col. 3. 

Iurie (Iurata) commeth of
the french (Iurer: i iurare.) it sig­
nifieth in our common lawe, a
companie of men as 24. or 12.
Sworne to deliuer a truth vpon
such euidence, as shalbe deliuered
them touching the matter in
question. Of which triall who
may and who may not be em­
paneled, see Fitzh. nat. br. fol 165.
D. And for beter vnderstanding
of this point, it is to be knowne,
that there be. 3. maner of trials
in England: one by Parlament,
another by battle, and the third
by Assise or Iurie: Smith de repub.
Anglorum. lib: 2. cap: 5. 6. 7. touch­
ing the 2. former reade him,
and see Battell, and Combat,
and Parlament: the triall by
Assise (be the action ciuile or
criminall, publick or priuate,
personall or reall) is referred for
the fact to a Iurie, and as they
finde it, so passeth the Iudge­
ment. and the great fauour that
by this the King sheweth to his
subiects more then the princes
of other nations, you may reade
in Glanuil. lib: 2: cap : 7. where he
called it Regale beneficium cle­
mentis principis de consilio procerum
populis indultum quo vitæ hominum,
& status integritati tam salubri­
ter consulitur; vt in iure, quod quis
in libero soli tenemento possidet,
retinendo, duelli casum declinare
possint homines ambiguum, &c : see
the rest. This Iury is not vsed
onely in circuits of Iustices er­
rant, but also in other courts and
maters of office, as if the Esche­
atour make inquisition in any
thing touching his office, he doth
it by a Iury or inquest: if the Co­
roner inquire how a subiect
found dead, came to his end:
he vseth an inquest, the Iustices
of peace in ther quarter Sessions,
the Shyreeue in his county and
Turne, the baylife of a Hundred,
the Stewarde of a court Leete
or court Baron, if they inquire
of any offence, or descide any
cause betweene party and party,
they doe it by the same maner.
So that where it is said that all
things be triable by Parlament,
Battell, or assise; Assise in this
place is taken for a Iury or En­
quest, empaneled vpon any cause
in a court, where this kind of
triall is vsed: and though it be
commonly deemed, that this
custome of ending and desci­
ding causes proceede from the
S axons and Brittons , and was of









fauour permitted vnto vs by the
Conquerour: yet I finde by the
grand Customarie of Normandie.
cap : 24. that this course was vsed
likewise in that countrie. For
Assise is, in that Chapter, defined
to be an assembley of wise men,
with the Bailife in a place cer­
taine at a time assigned 40. daies
before. wherby Iustice may be
done in causes heard in the
court: of this custome also and
those Knights of Normandie I
ohannes Faber maketh mention,
in the Rubrique of the title de
militari testamento , in Institut.
this Iury, though it appertaine
to most courts of the common
law, yet is it most notorious in
the half yeare courts of the Iusti­
ces errants, commonlie called
the great assises, and in the quar­
ter Sessions, and in them it is
most ordinarily called a Iurie.
And that in ciuile causes: wher­
as in other courts, it is oftener
tearmed an enquest, and in the
court Baron the Homage. In the
generall Assise there are vsually
many Iuries, bicause there be
store of causes both ciuil and
criminall commonly to be tri­
ed, wherof one is called the
Grand Iury, and the rest petit
Iuries: whereof it seemeth there
should be one for euery Hun­
dred, Lamb. Eirenar. l. 4. cap. 3. pa.
384. The Grand Iurie consisteth
ordinarily of 24. graue and sub­
stantiall gentlemen, or some of
them yeomen chosen indiffe­
rently out of the whole shyre by
the Shyreeue, to consider of all
bils of Inditement preferred to
the court: which they doe either
approoue, by writing vpon them
these words, billa vera : or disal­
lowe, by writing, Ignoramus:
such as they doe approoue, if
they touch life and death, are
farder referred to another Iury
to be considered of, because the
case is of such importance: but
others of lighter moment, are
vpon their allowance, without
more worke fined by the bench,
except the party travers the In­
ditement, or chalenge it for
insufficiencie, or remooue the
cause to a higher court by certi­
orarie, in which 2. former ca­
ses it is referred to another Iurie,
and in the latter transmitted to
the higher. Lamb. Eire. l. 4. c. 7. &
presently vpon the allowance of
this bill by the Grand Enquest, a
man is said to be indighted. Such
as they dissalowe, are deliuered
to the benche, by whome they
are forthwith cancilled or
torne. The petit Iury consisteth
of. 12. men at the least, & are Em­
panelled, as well vpon criminall
as vpon ciuile causes. those that
passe vpon offences of life and
death, doe bring in their verdict
either guiltie or not guiltie ,
wherevpon the prisoner, if he









be found guiltie, is said to be
conuicted, and so afterward re­
ceaueth his iudgment and con­
demnation: or otherwise is ac­
quited and sett Free: of this
reade Fortes: cap : 27. those that
passe vpon ciuile causes reall, are
all, or so many as can conueni­
ently be had, of the same hun­
dred, where the land or tene­
ment in question doth lie, and
4. at the least: And they vpon
due examination bring in their
verdict either for the demaun­
dant, or Tenent. of this see For­
tesc. cap. 2 5. 26. according vnto
which, iudgement passeth after­
ward in the court where the
cause first began: and the reason
hereof is, because these Iustices
of Assise, are in this case, for the
ease of the cuntry, onely to take
the verdict of the Iurie, by the
vertue of the writ called (nisi pri­
us) and so returne it to the court
where the cause is depending.
See (Nisi prius.) Ioyne with this
the chapter formerly cited out
of the custumary of Normandie ,
and that of King Etheldreds
lawes mentioned by Maister
Lamberd, verbo Centuria. in
his explication of Saxon
words; and by these two
words you shall perceiue, that as
well among these Normans , as
the Saxons , the men of this Iury
were associats and Assistants to
the Iudges of the court, in a kind
of equality; whereas now a daies
they attend them in great humi­
lity, and are, as it were, at their
commaund for the seruice of the
court: the words set downe by
M. Lamberd are these: In singu­
lis centuriis comitia sunto, atque libe­
ræ condicionis viri duodeni ætate su­
periores, vnà cum præposito sacra
tenentes, iuranto, se adeo virum ali­
quem innocentem haud condemna­
turos, sontemve absoluturos : to this
ioyne also the 69. chapter of the
saide custumarie. See Enquest. See
1 2. men See Lamberds Eirenarch.
lib. 4. cap. 3. p. 384. 

Iuris vtrùm , is a writ, that ly­
eth for the incumbent, whose
predecessour hath alienated his
lands or tenements. the diuers v­
ses of which writ, see in Fitzh.
nat. br. fol. 48. 

Iurisdiction (Iurisdictio) is a
dignity which a man hath by a
power to doe Iustice in causes of
complaint made before him.
And there be two kinds of Iuris­
dictions, the one that a man hath
by reason of his see, and by ver­
tue thereof doth right in all
plaints concerning his fee: The
other is a Iurisdiction giuen by
the prince to a baylife: this diui­
sion I haue in the Custumary of
Normandy, cap. 2. which is not
vnapt for the practise of our
common welth, for by him
whom they call a baylife, we
may vnderstand all that haue









commission from the prince to
giue iudgement in any cause:
The ciuilians diuide iurisdictionem
generally vnderstand in imperium
& iurisdictionem : and imperium in
merum & mixtum. Of which you
may reade many especiall tra­
ctats writen of them, as a mater
of great difficulty and impor­
tance. 

Iustes , commeth of the French
(Ioustes . i. decursus) and signifieth
with vs, contentions betweene
Martiall men by speares on hors­
backe. anno 24. H. 8. cap. 13. 

Iustice (Iusticiarius) is a French
word, and signifieth him, that is
deputed by the king, to do right
by way of iudgement. the reason
why he is called Iustice and not
Iudex , is because in auncient
time the latine word for him was
(Iusticia) and not (Iusticiarius) as
appeareth by Glan. lib. 2. cap. 6.
Roger Houeden parte poster. suorum
annalium, fo. 413. a. and diuers
other places, which appellation
we haue from the Normans , as
appeareth by the grand custuma­
ry. cap. 3. and I doe the rather
note it, because men of this fun­
ction should hereby consider,
that they are or ought to be, not
(Iusti) in their iudgements, but
in abstract (ipsa iusticia) how be
it I hould it well, if they per­
forme their office in concreto
Another reason why they are
called Iusticiary with vs and not
Iudices , is, bicause they haue their
authority by deputation, as De­
legates to the king, and not iure
magistratus ; and therefore can­
not depute others in their steed,
the Iustice of the Forest onely
excepted, who hath that liber­
ty, especially giuen him by the
statute anno. 32. H. 8. cap. 35. for
the Chanceller, Marshall, Admi­
rall, and such like are not called
Iusticiarii but Iudices : of these
Iustices you haue diuers sorts in
England, as you may perceaue
heare following. The maner of
creating these Iustices, with
other appertenences reede in
Fortescu. cap. 51. 

Iustice of the Kings bench (Iusti­
ciarius de Banco regis) is a Lord
by his office, and the cheife of
the rest. wherefore he is also cal­
led Capitalis Iusticiarius Angliæ ,
his office especially is to heare
and determine all plees of the
crowne: that is, such as concerne
offences committed against the
crowne, dignitie, and peace of
the King; as treasons, felonies,
mayhems and such like, which
you may see in Bracton, lib. 3. tra­
ctat. 2. per totum: and in Stawnf.
treatise intituled the plees of the
crowne , from the first chapter to
the 51. of the first Booke. But
either it was from the begin­
ning, or by time it is come to
passe, that he with his assistans,
beareth all personall actions, and









reall also, if they bee incident to
any personall action depending
before them: See Cromptons Iu­
ridict. fol. 67. &c. of this court
Bracton lib. 3. cap. 7. nu. 2. saith
thus: placita verò ciuilia in rem &
personam in Curia Domini Regis
terminanda, coram diuersis iustici­
ariis terminantur: Habet enim plu­
res curias in quibus diversæ actiones
terminantur; & illarum curiarum
habet vnam propriam, sicut aulam
regiam, & iusticiarios capitales qui
proprias causas Regis terminant, &
aliorum omnium per querelam vel
per priuilegium siue libertatam; vt
si sit aliquis qui implacitari non de­
beat, nisi coram Domino rege. This
Iustice (as it seemeth) hath no pa­
tent vnder the broad seale. For
so Crompton saith vbi supra. He is
made onely by writ, which is a
short one to this effect. Regina
Iohanni Popham militi salutem. Scia­
tis quod consistuimus vos Iusticiari­
um nostrum capitalem, ad placita
coram nobis terminandum, durante
beneplacito nostro, Teste, &c. And
Bracton in the place nowe reci­
ted, speaking of the common
plees, saith, that sine warranto iu­
risdictionem non habet , which
(I thinke) is to be vnderstood
of a commission vnder the great
S eale. This court was first called
the kings bench, because the
King sate as Iudge in it in his
proper Person , and it was mo­
ueable with the court. See anno
9. H. 3. cap. 11. more of the Iu­
risdiction of this court see in
Crompton vbi supra. See Kings
bench. The oath of the Iustices
see in the statute. anno 18. Ed. 3.
stat. 4. See  Oathe.

Iustice of common plees (Iusticia­
rius communium placitorum) is al­
so a Lord by his office, and is
called (Dominus Iusticiarius com­
munium placitorum) and he with
his assistants originally did heare
and determine all causes at the
common lawe, that is, all ciuil
causes betweene common per­
sons, as well personall as reall,
for which cause it was called the
court of common plees, in op­
position to the plees of the
Crowne or the Kings plees,
which are speciall and appertai­
ning to him onely. Of this, and
the Iuridisdiction hereof, see
Cromptons Iurisdiction. fo. 91. This
Court was alwaies setled in a
place, as appeareth by the statute
anno 9. H. 3. cap. 11. The oath
of this Iustice and his associats,
see anno 18. Ed. 3. stat. 4. See
Oath.

Iustice of the Forest (Iusticiarius
Forestæ) is also a Lord by his
office, and hath the hearing and
determining of all offences, with­
in the Kings forest, commit­
ted against Venison or Vert , of
these there bee two, whereof
the one hath Iurisdiction ouer al
the forests, on this side Trent :









the other of all beyond. The
cheifest point of their Iuris­
diction, consisteth vpon the arti­
cles of the Kings Charter , called
Charta de Foresta , made anno 9.
H. 3. which was by the Barons
hardly drawne from him, to the
mitigation of ouer cruell ordi­
nances made by his predecessors.
Reade M. Camdens Britan. pag.
214. See Protoforestarius. The
Court where this Iustice sitteth
and determineth, is called the
Iustice seate of the Forest, held
euery three yeares once, where­
of you may reade your fill in M.
Manwoodes first part of Forest
lawes. pag. 121. & 154. & pag.
76. He is sometimes called Iu­
stice in Eyre of the forest. See
the reason in Iustice in Eyre. This
is the only Iustice that may ap­
point a deputy per statutum anno
32. H. 8. cap. 35. 

Iustices of Assise (Iusticiarii ad
capiendas Assisas) are such as
were wont by speciall commissi­
on to be sent (as occasion was
offered) into this or that county
to take Assises; the ground of
which polity, was the ease of the
subiects: For whereas these acti­
ons passe alway by Iury, so ma­
ny men might not without great
hinderance be brought to Lon­
don, and therefore Iustices for
this purpose were by commissi­
on particularly authorised, and
sent downe to them. And it may
seeme that the Iustices of the
common plees had no power to
deale in this kinde of busines,
vntill the statute made anno 8.
Rich. 2. cap. 2. for by that they
are enhabled to take Assises, and
to deliuer Gaols. And the Iustices
of the kings Bench haue by that
statute such power affirmed vnto
them, as they had one hundred
yeares before that: Time hath
taught by experience, that the
beter sort of Lawyers being fit­
test both to iudge and plead,
may hardly be spared in terme
time to ride into the country a­
bout such busines: and therefore
of later yeares it is come to passe,
that these commissions (ad capie­
das Assisas) are driuen to these
two times in the yeare out of
terme, when the Iustices and o­
ther may be at leasure for these
controuersies also: whereupon
it is also fallen out, that the ma­
ters wont to be heard by more
generall Commissions of Iustices
in Eyre, are heard all at one time
with these Assises: which was not
so of ould, as appeareth by Bra­
cton, lib. 3. c. 7. nu. 2. Habet etiam
Iusticiarios itinerantes de comitatu in
Comitatum, quandoque ad omnia pla­
cita, quandoque ad quædam specialia,
sicut Assisas &c. & ad Gaolas deli­
berandas, quandoque ad vnicam vel
duas, & non plures. And by this
meanes the Iustices of both ben­
ches, being iustly to be accoun­









ted the fittest of all others, and o­
thers their assistants, as also the
Sergeants at law may be imploy­
ed in these affaires, who as gra­
uest in yeares, so are they ripest
in iudgement, and therefore li­
kest to be voide of prociality, for
being called to this dignity, they
giue ouer practise anno 8. R. 2.
cap. 3. but this alway to be re­
membred, that neither Iustice of
either bench, nor any other, may
be Iustice of Assise in his owne
country, anno 8. Rich. 2. cap. 2. &
anno 33. H. 8. cap. 24. lastly, note
that in these daies, though the
selfe same men dispatch busines
of so diuers natures, and all at
one time, which were wont to
be performed by diuers, and at
seuerall times, yet they doe it by
seuerall commissions. Cromptons
Iurisdictions. fo. 210. For those
who be in one word called Iusti­
ces of circuit, and twice euery
yeare passe, by two and two,
through all England, haue one com­
mission to take Assises, another
to deliuer Goales, another of oyer
and terminer. That Iustices of
Assise, and Iustices in Eyre did
aunciently differ, it appeareth
an. 27. Ed. 3. cap. 5. and that Iusti­
ces of Assise, & Iustices of goale
deliuery were diuerse, it is e­
uident by anno 4. Ed. 3. cap. 3.
The oath taken by Iustices of as­
sise, is all one with the oath taken
by the Iustices of the kings
bench. Ould abridgement of
statutes. titulo Sacramentum Iusti­
ciariorum. See Oath.

Iustices of oyer and terminer,
(Iusticiarii ad audiendum & termi­
nandum) were Iustices deputed
vpon some especiall or extraor­
dinary occasion, to heare and
determine some or more causes.
Fitzherberd in his natura breuium
saith, that the commission d' oy­
er and terminer , is directed to
certaine persons vpon any great
assembly, insurrection, hainous
demeanure, or trespasse com­
mitted. And because the occa­
sion of granting this commissi­
on should be maturely wayed, it
is prouided by the statute anno
2. Ed. 3. cap. 2. that no such com­
mission ought to be graunted,
but that they shalbe dispatched
before the Iustices of the one
bench or other, or Iustices errants,
except for horrible trespasses,
& that by the especial fauour of
the King. The forme of this com­
mission, see in Fitzh. natura breu.
fol. 110. 

Iustices in Eyre (Iusticiarii iti­
nerantes) are so termed of the
French (Erre. i. iter) which is an
old word, as (a grand erre. i. mag­
nis iteneribus) prouerbially spo­
ken. the vse of these in auncient
time, was to send them with
commission into divers coun­
ties, to heate such causes es­
pecially, as were termed the









plees of the crowne, and there­
fore I must imagine they were
so sent abroad for the ease of the
subiects, who must els haue
beene hurried to the kings
bench, if the cause were too
high for the countie court. They
differed from the Iustices of oyer
and terminer , because they (as
is aboue said) were sent vpon
some one, or fewe speciall cases
and to one place: whereas the
I ustices in Eyre , were sent through
the prouinces and counties of
the land, with more Indefinite
and generall commission, as
appeareth by Bracton, lib. 3. cap.
11. 12. 13. and Britton cap. 2.
And againe they seeme to
differ in this, because the
Iustices of oyer and terminer (as
it is before said) were sent vn­
certainly, vpon any vproare or
other occasion in the country:
but these in Eyre (as M. Gwin
setteth downe in the preface to
his reading, were sent but euery
seuen yeare once; with whome
Horn in his myrrour of Iustices ,
seemeth to agree. lib. 2. cap.
queux poient estre actours, &c.
and lib. 2. c. des peches criminels &c.
al suyte de Roy, &c. and lib. 3. c. de
Iustices in Eyre. where he also de­
clareth what belonged to their
office. These were instituted by
Henry the 2. as M. Camden in
his Britannia witnesseth pag. 104.
And Roger Hoveden, parte poste­
ri. annalium. fo. 313. b. hath of
them these wordes: Iusticiary
itinerantes constituti per Henricum
secundum. i. qui diuisit regnum su­
um in sex partes, per quarum singu­
las tres Iusticiarios itinerantes con­
stituit, quorum nomina hæc sunt,
&c. 

Iustices of Gaol deliuery (Iustici­
arii ad Gaolas deliberandas) are
such as are sent with commissi­
on, to heare and determine all
causes apperteining to such, as
for any offence are cast into
the Gaol , part of whose authori­
tie is, to punish such, as let to
mainprise those prisoners, that
by lawe be not bayleable by
the statute de finibus, cap. 3. Fitzh.
nat. br. f. 251. I. These by likely­
hoode in auncient time, were
sent to countries vpon this se­
uerall occasion. But afterward
Iustices of Assise were likewise
authorised to this, anno. 4. Ed. 3.
cap. 3. Their oath is all one with
other of the kings Iustices of ei­
ther bench. Ould Abridgement of
statutes. titulo Sacramemum Iusti­
ciariorum. See Othe.

Iustices of labourers , were Iu­
stices appointed in those times,
to redresse the frowardnesse of
labouring men, that would ei­
ther be idle, or haue vnreasona­
ble wages. See anno 21. Ed­
uardi 3. cap. primo. anno 25.
eiusd. cap. 8. & anno 31. eiusdem
cap. 6. 









Iustices of Nisi prius , are all one
now a daies with Iustices of
Assises: for it is a common Ad­
iournment of a cause, in the
common plees to put it off to
such a day, Nisi prius Iusticiarii ve­
nerint ad eas partes, ad capiendas
Assisas : and vpon this clause of
Adiournment, they are called
Iustices of Nisi prius , as well as
Iustices of Assises; by reason of
the writ or action that they
haue to deale in: their com­
mission you may see in Cromp­
tons I urisdictions fol. 204. yet M.
Crompton maketh this difference
betweene them, because Iustices
of Assise haue power to giue
iudgement in a cause, but Iu­
stices of Nisi prius. only to take
the verdict. But in the nature of
both there functions this see­
meth to be the greatest diffe­
rence, because Iustices of Nisi
prius haue to deale in causes
personall as well as reall, wher­
as Iustices of Assise, in strict ac­
ception, deale only with the
possessory writs called Assises. 

Iustices of trial baston, aliâs of trayl
baston , were a kind of Iustices ap­
pointed by King Edward the
first vpon occasion of great dis­
order growne in the Realme,
during his absence in the Scot­
tishe and French warres, they
are called in the ould nat. bre.
f. 52. Iustices of triall Baston , but
by Holynshed and Stow in Edw. pri.
of Traile baston, of trailing or
drawing the staffe as Holinshed
saith. Their office was to make
inquisition through the Realme
by the verdict of substantiall
Iuries vpon all officers, as Mayors
Shyreeues, Bailifes, escheatours &
others, touching extortion, bribe­
ries and other such greeuances,
as intrusions into other mens
lands, and Barratours that vsed
to take mony for beating of
men, and also of them whom
they did beate; by meanes of
which inquisitions many were
punished by death, many by ran­
some, and so the rest flying the
Realme, the land was quieted,
& the king gained greate riches
toward the supporting of his
wars. Inquire farder of the name.
Baston is thought by some to be
the beame of a paire of Scoales
or waights. and this is in this
place metaphorically appli­
ed to the iuste peising of re­
compence for offences com­
mitted. My poore opinion is, that
the etymology of this title or
addition groweth from the
French (treilles) i. cancelli , barres
or letises of what thing soeuer,
a grate with crosse bars, or of the
singuler (treille) i. pargula , an house
arbour, a raile or forme, such as
vines runne vpon, and (Baston) a
staffe or pole, noting thereby
that the Iustices emploied
in this commission, had au­









thoritie to proceede without
any solemne iudgement seate
in any place either compassed
in with railes, or made booth
or tent-wise, set vp with staues
or poales without more worke,
wheresoeuer they could appre­
hend the malefactors they
sought for. See, lib. Assisarum. fol.
141. 5 7. 

Iustices of peace (Iusticiarii ad
pacem) are they that are ap­
pointed by the kinges com­
mission, with others, to attend
the peace in the County where
they dwell: of whom some
vpon speciall respect are made
of the Quorum , because some
busines of importance may not
be dealt in without the presence
or assent of them, or one of them.
Of these it is but folly to write
more, because they haue so
many thinges perteining to their
office, as cannot in fewe words
be comprehended. And againe
Iustice Fitzherberd some time
sithence, as also M. Lamberd
and M. Crompton of late haue
written bookes of it to their
great commendation, and fruit­
full benefit of the whole Realme.
See also Sir Thomas Smith de
repub: Angl: lib: 2. cap. 19. They
were called Gardians of the
peace, vntill the 36. yeare of
King Edward the third, cap. 12.
where they be called Iustices.
Lamb. Eirenarcha. lib. 4. cap. 19
pag. 578. There oathe see also in
Lambard. lib. i. ca. 10. 

Iustices of peace, &c. within
liberties , Iusticiarii ad pacem infra
libertates , be such in cities and
other corporate townes, as those
others be of any countie: and
their authoritie or power is all
one within their seueral precincts
anno. 27. H. 8. ca. 25. 

Iusticies , is a writ directed to
the Shyreeue, for the dispatch
of iustice in some especiall cause,
wherewith of his owne au­
thoritie he cannot deale in his
Countie Courte. lib. 12. cap. 18.
wherevpon the writ de excom­
municato deliberando , is called a
Iusticies in the old nat. bre. fol.
35. Also the writ de homine
replegiando. eodem: fol. 4 1. Thirdly
the writ de secunda superonerati­
one pasturæ. eodem: fol. 73. Kitchin
fol. 74. saith, that by this writ
called Iusticies , the Shyreeue may
hold plee of a greate summe,
whereas of his ordinary au­
thoritie he cannot hold plees
but of summes vnder 40. shil­
lings. Crompton fo. 231. agreeth
with him. It is called a Iusticies ,
because it is a commission to
the Shyreeue ad Iusticiandum ali­
quem , to doe a man right, and
requireth noe returne of any
certificat of what he hath done.
Bracton. lib. 4. tracta. 6. cap. 13. nu.
2. maketh mention of a Iusticies
to the Shyreeue of London , in a









case of Dower. See the newe
booke of Entries , Iusticies. 

Iustification (Iustificatio) is an
vpholding or shewing a good
reason in courte, why he did
such a thing as he is called to
answere as to iustifie in a cause
of Repleuin. Broke. titulo Repleuin. 


K E

KEeper of the great Seale (Custos
Magni Sigilli) is a L. by his
office and called Lord Keeper of
the great Seale of England, &c.
& is of the Kings priuy Councell,
vnder whose hands passe al char­
ters, Commissions, and graunts
of the King strengthened by the
great or broad Seale. Without
the which Seale, all such Instru­
ments, by Lawe are of no force.
for the King is in interpretation
and intendment of Law, a Cor­
poration, and therefore passeth
nothing firmely, but vnder the
said Seale. This Lord Keeper by
the statute anno 5. Elizabethæ
Cap. 18. hath the same and the
like place, authority, preemi­
nence, Iurisdiction, execution of
Lawes, and all other Customes,
Commodities, and Aduantages, as
hath the Lord Chaunceler of
England for the time being. 

Keeper of the priuy Seale (Cu­
stos priuati Sigilli) is a Lord by
his office, vnder whose hands
passe all Charters signed by the
Prince, before they come to the
broad or great Seale of Eng­
land. He is also of the Kings
priuy Councell. He seemeth to
be called Clerke of the priuy
Seale. anno 12. R 2. Cap. 11. But
of late daies, I haue knowne
none to beare this office, by rea­
son the Prince thinketh good, ra­
ther to keepe this Seale in his
owne hands, and by priuate trust
to commit it to his principall
Secretary, or some such one of
his Councell, as he thinketh
fit for that function. 

Keeper of the Touch. anno 2. H.
6. cap. 14. seemeth to be that
officer in the kings mint, which
at this day is termed the master
of the assay. See Mint.

Keeper of the Forest (Custos Fo­
restæ) is also called cheife War­
den of the Forest. Manwood part.
pri. of his Forest Lawes, pag. 156.
&c. & hath the principall go­
uernment of all things belonging
thereunto: as also the check of
all officers belonging to the Fo­
rest. And the Lord Cheife Iustice
in Eyre of the Forest, when it
pleaseth him to keepe his Iustice
Seate, doth 40. daies before,
send out his generall Summons
to him, for the warning of all
vnder-officers, to appeare before
him at a day assigned in the Sum­
mons. This See in Manwood V­
bi Supra. 

King (Rex) is thought by M.









Camden in his Britan. pag. 105.
to be contracted of the Saxon
word Cyninge , signifiing him that
hath the highest power & abso­
lute rule ouer our whole Land.
and thereupon the King is in in­
tendment of Lawe cleared of
those defects, that common per­
sons be subiect vnto. For he is al­
waies supposed to be of full age,
though he be in yeares neuer so
young. Cromptons Iurisdictions fol.
134. Kitchin. fol. i. He is taken
as not subiect to death, but is a
Corporation in himselfe that li­
ueth euer. Crompton ibidem. Third­
ly, he is aboue the Law by his
absolute power. Bracton lib. pri
cap. 8. Kitchin fol. 1. and though
for the beter and equall course
in making Lawes he doe ad­
mitte the 3. estates, that is, Lords
Spirituall, Lords temporall, and
the Commons vnto Councell:
yet this, in diuers learned mens
opinions, is not of constreinte,
but of his owne benignitie, or
by reason of his promise made
vpon oath, at the time of his
coronation. For otherwise were
he a subiect after a sort and sub­
ordinate, which may not bee
thought without breach of duty
and loyaltie. For then must we
deny him to be aboue the lawe,
and to haue no power of dispen­
sing with any positiue lawe, or
of graunting especiall priuiled­
ges and charters vnto any, which
is his onely and cleare right, as
Sir Thomas Smith well expresseth
lib. 2. cap. 3. de Repub. Anglican.
and Bracton. lib. 2. cap. 16. num.
3. and Britton, cap. 39. For hee
pardoneth life and limme to of­
fendours against his crowne and
dignitie, except such as he bin­
deth himself by oath not to for­
giue. Stawnf. pl. cor. lib. 2. cap.
35. And Habet omnia iura in ma­
nu sua. Bracton. lib. 2. cap. 24.
num. prim. And though at his co­
ronation he take an oath not to
alter the lawes of the land: Yet
this oath notwithstanding, hee
may alter or suspend any parti­
cular lawe that seemeth hurtfull
to the publike estate. Blackwood in
Apologia Regum, c. 11. See Oath of
the king. Thus much in short, be­
cause I haue heard some to be of
opinion, that the lawes be aboue
the king. But the kings oath of
old you may see in Bracton, lib. 3.
cap. 9. nu. 2. for the which looke
in Oath of the King. The kings
oath in English, you may see in
the old abridgement of Statutes,
titulo , Sacram. Regis. Fourthly,
the kings only testimonie of any
thing done in his presence, is of
as high nature and credit as any
Record. Whence it commeth, that
in all writs or precepts sent out
for the dispatch of Iustice, he v­
seth none other witnesse but
himselfe, alwaies vsing these
words vnder it, Teste me ipso.









Lastly, he hath in the right of
his crowne many prerogatiues
aboue any common person, be
he neuer so potent or honoura­
ble: whereof you may reade
your fill in Stawnf. tractate v­
pon the Statute thereof made,
anno 17. Ed. 2. though that con­
taine not all by a great number.
What the kings power is, reade
in Bracton. lib. 2. cap. 2 4. nu. prim.
& 2. 

King of Heralds (Rex Heraldorum
 is an officer at Armes, that hath
the preeminence of this Soci­
ety. See Herald. This officer of
the Romans was called Pater
Patratus. 

Kings Bench (Bancus Regius) is
the Court or Iudgment seate
where the Kinge of England
was wont to sitte in his owne
person: and therefore was it mo­
ueable with the court or kings
Houshould. And called Curia
domini Regis , or Aula Regiæ , as
M. Gwine reporteth in the pre­
face to his readings; and that, in
that and the Exchequer, which
were the only courts of the king,
vntill Henry the thirds daies,
were handled all maters of Iu­
stice, as well Ciuill as Criminall.
whereas the court of common
plees might not be so by the sta­
tute : anno 9. H. 3. cap. 11. or ra­
ther, by M. Gwins opinion, was
presently vpon the graunt
of the great charter seue­
rally erected. This court of the
Kings bench was wont in aunci­
ent times to be especially exer­
cised in all Criminall maters &
plees of the crowne, leauing the
handling of priuate contracts to
the cownty court. Glanuil. lib. 1.
cap. 2. 3. 4. & li. 10. cap. 18.
Smith de Repub: Anglicana, lib. 2.
cap. 11. and hath president of it,
the Lord Cheife Iustice of Eng­
land, with three or foure Iustices
assistaunts, four or fiue as Fortescu
saith, cap. 51. and officers there­
unto belonging, the clearke of
the crowne, a Prænatory or Proto­
notari , and other sixe inferior mi­
nisters or Atturnies. Camd : B ri­
tan: pag. 112. See Latitat: How
long this court was moueable, I
finde not in any wrighter: But in
Brittons time, who wrot In K. Ed :
the 1. his daies, it appeareth it fol­
lowed the court, as M. Gwin in his
said preface wel obserueth out of
him. See Iustice of the Kings Bench.

Kings siluer , is pro­
perly that mony, which is due
to the king in the court of com­
mon plees in respect of a licence
there graunted to any man for
passing a fine. Coke vol. 6. fo. 39.
a. & 43. b. 

Kintall of woad, iron &c. is a
certaine waight of merchandize
to the valew of a hundred, or
something vnder or ouer, accor­
ding to the diuers vses of sundry
nations. This word is mentioned









by Plowden in the case of Reni­
gor and Fagossa. 

Knaue , is vsed for a man ser­
uant. a. 14. Ed. 3. stat. 1. ca. 3.
And by M. Verstigans iudgement,
in his Restitution of decaied intel­
ligence. ca. 10. it is borowed of
the dutch (cnapa) cnaue or knaue,
which signifie all one thing: and
that is some kinde of officer or
seruant: as (scild-cnapa) was he,
that bore the weapon or shield
of his superior, whom the latines
call (armigerum) and the French
men (escuyer.)

Knight (Miles) is almost one
with the Saxon (Cnight. i. Admi­
nister) and by M. Camdens iudg­
ment, pag. 110. deriued from the
same. with vs it signifieth a gen­
tleman, or one that beareth
Armes, that for his vertue and
especially Martiall prowes, is
by the King, or one hauing the
Kings authority, singled (as it
were) from the ordinary sort of
gentlemen, and raised to a high­
er accompt or steppe of dignity.
This among all other nations,
hath his name from the Horse:
Because they were wont in aun­
cient time, to serue in warrs one
horsbacke. The Romans called
them Equites , the Italians at these
daies terme them Cauallieri. The
French men Cheualliers. The Ger­
man , Reiters. The Spaniard Caual­
leros , or Varones a Cauallo. It ap­
peareth by the statute anno 1. Ed.
2. cap. 1. that in auncient times,
gentlemen hauing a full knights
fee, and houlding their land by
knights seruice, of the king, or
other great person, might be vr­
ged by distresse, to procure him­
selfe to be made knight, when
he came to mans estate for the
answerable seruice of his Lorde
in the Kings warres. To which
point you may also reade M.
Camden in his Britannia. pag. 111
But these customes be not nowe
much vrged: this dignity in these
dayes being rather of fauour be­
stowed by the Prince vpon the
worthier sort of gentlemen, then
vrged by constraint. The maner
of making knights (for the dig­
nitie is not hereditarie) M. Cam­
den in his Britan. pag. 111. shortly
expresseth in these words : No­
stris verò temporibus, qui Equestrem
dignitatem suscipit, flexis genibus
educto gladio leuiter in humero per­
cutitur. Princeps his verbis Gallicè
affatur: Sus vel sois Cheualier au
nom de Dieu. id est, Surge, aut,
Sis Eques in nomine Det. The so­
lemnitie of making Knights a­
mong the Saxons, M. Stow men­
tioneth in his Annals. pag. 159.
See the priuiledges belonging to
a knight in Fernes Glorie of Ge­
nerositie. pag. 116. Of these
knights there be two sorts: one
spirituall, another temporall.
Cassanæus in gloria mundi. parte 9.
Considerat. 2. of both these sorts,









and of many subdiuisions, reade
him in that whole part. The
temporall or second sort of
knights M. Ferne in his Glorie
of generositie. pag. 103. maketh
threefold here with vs. Knights
of the sword, Knights of the
Bath, and Knights of the soue­
raigne Order, that is, of the Gar­
ter: of all which you may reade
what he saith. I must remember
that mine intent is but to explain
the termes especially of our com­
mon lawe. Wherefore such as I
find mentioned in Statutes, I
will define as I can. M: Skene
de verb. significat. verbo Milites ,
saith, that in the auncient lawes
of Scotland, Freeholders were
called Milites. Which may seem
to haue bene a custome with vs
also by diuers places in Bracton ,
who saith, that knights must be
in Iuries, which turne Freehol­
ders doe serue. 

Knights of the Garter, (Equi­
tes Garterii) are an order of
knights, created by Edward the
third, after he had obtained ma­
ny notable victories, (king Iohn
of Fraunce , and king Iames of
Scotland being both his priso­
ners together, and Henry of Ca­
stile the bastard expulsed out of
his Realme, and Don Petro being
restored vnto it by the Prince of
Wales , and Duke of Aquitane ,
called the blacke Prince) who
for furnishing of this honorable
Order, made a choice out of his
owne realme, and all Christen­
dome, of the best and most ex­
cellent renowned Knights in
vertues and honour, bestowing
this dignitie vpon them, and gi­
uing them a blew Garter, dec­
ked with gold, pearle, and pre­
cious stones, and a buckle of gold
to weare daily on the left legge
onely, a kirtle, gowne, cloake,
chaperon, a coller, & other state­
ly and magnificall apparell both
of stuffe and fashion, exquisite
and heroicall, to weare at high
feastes, as to so high and prince­
ly an order was meete. Of which
Order, he and his successours,
kings of England , were ordai­
ned to be the Soueraignes, and
the rest fellowes and brethren
to the number of 26. Smith de
Republ. Angl. libro primo. cap. 20.
I haue seene an auncient mo­
nument, whereby I am taught
that this Honourable compa­
nie is a Colledge or a Corpora­
tion, hauing a common Seale
belonging vnto it, and consi­
sting of a Soueraigne Gardian
which is the King of England ,
that alwaies gouernes this order
by himselfe or his Deputie, of
25. Companions called Knights
of the Garter , of 14. secular
Chanons that be Priests, or must
be within one yeare afrer their
admission: 13. Vicars also Priests ,
and 26. poore Knights, that









haue no other sustenance or
meanes of liuing but the al­
lowance of this house, which
is giuen them in respect of their
daily praier to the Honour of
God, and (according to the
course of those times) of Saint
George. There be also certaine
officers belonging to this order,
as namely the Prelate of the
Garter , which office is inherent
to the Bish: of Winchester for the
time being, the Chaunceler of
the Garter , the Register , who is
alwaies Deane of Windesour.
The principall King at Armes
called Garter , whose chiefe fun­
ction is to manage and marshall
their Solemnities at their
yearely feasts and Installations.
Lastly, the Vsher of the Garter ,
which (as I haue heard) belon­
geth to an Vsher of the Princes
chamber , called Blacke rod. There
are also certaine ordinances or
Constitutions belonging vnto
this Society, with certaine for­
feitures, and sometime penances
for the Breakers of them; which
constitutions concerne either
the solemnities of making these
Knights, or their duties
after their Creation, or the
Priuiledges belonging to so high
an order, but are too large for
the nature of this poore Voca­
bularie. The site of this Colledge,
is the Castle of Windesoure ,
with the Chapel of Saint George ,
erected by Edward the third,
and the Chapter house in the
said Castell. Howbeit the year­
ly Solemnity or prosession may
be, and is, by the Soueraignes
direction, performed at the
Court, wheresoeuer it lyeth, vpon
Saint Georges day. M. Camden
saith, that this order receiued
great ornament from Edward
the 4 See Fearns glory of Gene­
rosity. pag 120. See Garter. Hospi­
nian in his booke de origine &
progressu Monachatus , maketh
mention of this honourable or­
der, terming it by ignorance of
our tongue ordinem Carteriorum
equitum , and Charteriorum equi­
tum. which you may reade. cap.
307. as also Bernardus Girardus
in his historie, libr. 15. ca. 185. 

Knights of the Bath (milites
balnei, vel de balneo) are an order
of Knights made within the
Lists of the Bath , girded with a
sword, in the ceremonie of his
Creation. Ferns glorie of genero­
sity. pag. 105. These are spoken
of, anno. 8. Ed. 4. cap. 2. But I had
an ould monument lent me
by a freind, whereby it appea­
reth, that these Knights were
soe called of a Bath , into the
which (after they had bine
shauen and trimmed by a Bar­
ber) they entred, and thence, the
night before they were Knigh­
ted, being well bathed, were
taken againe by two Esquiers









commanded to attend them, dri­
ed with fine linnen cloathes, and
so apparelled and ledde through
many solemne Ceremonies. viz.
C onfessing their sinnes, watch­
ing and praying all night in a
church or chappell, with many
other,) to the order of Knight­
hood the next day. So that by
the same reason these seemed to
be termed Knights of the Bathe ,
by which Knights made out of
the feild in these daies are cal­
led knights of the Carpet , be­
cause in receiuing their order
they commonly kneele vpon a
Carpet. 

Knights of the order of Saint
Iohn of Ierusalem (milites Sancti Io­
hannis Heirosolumitani) were o­
therwise called the Knights of
the Rhodes , being an order of
Knighthood, that had begin­
ning about the yeare of the
Lord. 1120. Honorius then Pope
of Rome. Cassanæus de gloria
mundi, parte. 9. Considerarione 4.
& M. Fern. in hir glorie of Ge­
nerosity. pag. 127. they had their
primarie foundation and cheife
aboad first in Hierusalem, and
then in Rhodes , wheremany of them
liued vnder their Principall cal­
led the M. of Rhodes. vntill they
were expelled thence by the
Turke, anno 1 5 23. sithence
which time their cheife seate is
at Malta , where they haue done
great exploits against the Infi­
dels, but especially in the yeare
1 595. These, though they had
their beginning & especialest a­
bode first at Ierusalem and next
in Rhodes, yet they encreased
both in number and Reuenues,
liuing after the order of Friers
vnder the Rule of Saint Augustine ,
and were dispersed into France,
Spaine, Alvern , Campany, England,
and Ireland. Of these mention is
made in the stat: anno. 25. H. 8. ca.
2. & anno 26. eiusdem, cap. secundo.
and it appeareth that they in
England had one generall prior,
that had the gouernment of the
whole order within England &
Scotland. Reg. orig. fol. 20. b. But
toward the ende of Henrie the
eights daies, they in England
and Ireland being found ouer
much to adhere to the B. of
Rome against the King, were sup­
pressed, and their Lands and
goods referred by Parlament to
the Kings disposition. anno. 3 2. H.
8. cap. 24. The Occasion and the
propagation of this order more
especially described, you may
reade in the Treatise intituled
the Booke of Honour and Armes,
lib. 5. cap. 18. written by M. Rich.
Ihones. 

Knights of the Rhodes, anno. 32.
H. 8 : ca. 24. See Knights of the or­
der of Saint Iohn.

Knights of the Temple other­
wise called Templers) Templa­









plarii was an order of Knight­
hood created by Gelasius the
Pope, about the yeare of our
Lord. 1117. and so called, be­
cause they dwelt in a part of the
buildings belonging to the
Temple. These in the beginning
dwelling not far from the Se­
pulchre of the Lord entertained
Cristian straungers and Pilgrims
charitably, and in their armour
ledde them through the Holy
Land, to view such things, as
there were to be seene, without
feare of Infidels adioyning. This
Order continuing and increasing
by the space of 200. yeares, was
farre spred in Christendome, and
namely here in England. But at
the last, the cheife of them at
Hierusalem , being (as some men
say) found to fall away to the
Sazarens from Christianity, and
to abound in many vices, the
whole Order was suppressed by
Clemens quintus , which was a­
bout King Ed. the 1. daies, and
their substance giuen partly to
the Knights of the Rhodes, and
partly to other Religious. Cas­
san: de gloria mundi, parte 9. Con­
sid. 5. and See anno prim: Ed.
1. cap. 4 2. Others wright that in
truth their destruction grewe
from leaning to the Emperour
against the Pope of Rome, what
soeuer was pretended. Ioach.
Stephanus De iurisdictione. lib. 4.
cap. 10. nu. 1 8. See Templers. 

Knights of the Shire (Milites
Comitatus) otherwise be called
Knights of the Parlament, and
be two Knights, or other gen­
tlemen of worth, that are chosen
in pleno Comitatu , by the free hol­
ders of euery Countie that can
dispend 40. shillings per annum ,
and be Resident in the shire, anno
10. H, 6. cap. 2. & anno 1. H. 5. cap.
1. vpon the Kings writ, to be
sent to the Parlament, and there
by their counsell to assist the
common proceedings of the
whole Realme. These when e­
uery man that had a Knights
fee, were custumarily constrei­
ned to be a Knight, were of ne­
cessity to be milites gladio cincti ,
for so runneth the tenour of the
writ at this day. Cromptons Iu­
risdict. fol. pri. But nowe there be­
ing but fewe Knights in compa­
rison of former times, & many
men of great liuing in euery
county, Custome beareth that
Esquiers may be chosen to this
office. anno 23. H. 6. ca. 6. so that
they be resident within the coun­
tie, anno H. 6. cap. 7. & anno 1.
H. 5. cap. prim. For the obserua­
tions in choice of these knights,
see the statutes anno 7. H. 4. cap.
1 5. & anno 11. eiusdem, cap. 1. &
anno 6. H. 6. cap. 4. & anno 23.
H. 6. cap. 15. and the new booke
of Entries. verbo Parlament. nu.
1. Their expences during the
Parlament are borne by the









County, anno 35. H. 8. cap.
11. 

Knight Marshiall (Marescallus
hospitii Regii) is an officer in the
kings house, hauing iurisdiction,
and cognisance of any trans­
gression within the kings house
and verge, as also of contracts
made within the same house,
whereunto one of the house is
a partie. Register orig. fo. 185. a.
b. & fo. 191. b. whereof you may
there reade more at large. 

Knights fee, (Feudum militare)
 is so much inheritaunce, as is
sufficient yearely to maintaine a
knight with conuenient reuenew
which in Henry the. 3. daies was
fifteene pounds. Camdeni Britan.
pag. 1 11. or 680. acres of land,
or 800. acres. eodem: But S. Tho­
mas Smith in his Repub. Angl. lib.
pri. cap. 18. rateth it at fourtie
pound. And I finde in the statute
for knights anno pri. Ed. 2. cap
pri. that such as had 20. pound
in fee or for terme of life per
annum , might be compelled to
be knights. M. Stowe in his an­
nals, pag. 285. saith, that there
were found in England at the
time of the Conqueror 60211.
Knights fees: others say 60215.
whereof the religious houses be­
fore their suppression were
possessed of 28015. Knights
fee, is sometime vsed for the
rent, that a knight payeth
for his fee to his Lord, of whom
he houldeth. And this is an vn­
certaine summe, some houlding
by fortie shillings the sheild,
some by twenty shillings as ap­
peareth by Bracton. lib. 5. tract:
pri. cap. 2. 

Knighten Gylde , was a Gylde
in London consisting of 19.
knights, which king Edgar foun­
ded, giuing vnto them a porti­
on of void ground lying without
the walls of the city, now called
Portesoken ward. Stow. in his An­
nals, pag. 151. not in OED as headword


L

LAborariis , is a writ that lieth
against such, as hauing not
whereof to liue, doe refuse to
serue, or for him that refuseth to
serue in summer, where he serued
in winter: orig. Register, fol. 189. b. 

Laches , commeth of the
French (lascher. i. laxare , or las­
che. i. frigidus, ignavus, slaccidus)
it signifieth in our common law,
negligence: as no laches shalbe
adiudged in the heire within age,
Litleton fol. 136. and old nat. br.
fol. 110. where a man ought to
make a thing, and makes it not,
I of his laches cannot haue an
Assise, but I must take mine acti­
on vpon the case. 

Lagon , See Flotzon.

Laised listes, anno i. R. 3. cap. 8. not in OED as headword

Land tenent, anno 34. Ed. 3.
stat. 1. cap. 3. & anno 23. einsdem.









cap. 1. &. 2 6. eiusdem, stat. 5. cap.
2. See Terre-tenent, & anno 1 2.
R. 2. cap. 4. & anno 4. H. 4. cap.
8. it is ioyned with this word
(Possessor) as Synonymon. v. anno
1. H. 6. cap. 5. See Terretenent.

Lanis de crescentia Walliæ tradu­
cendis abque custuma, &c. is a writ
that lyeth to the customer of a
porte, for the permitting one to
passe ouer wolles without cu­
stome, because he hath paid cu­
stome in Wales before, Register,
fol. 279. 

Lapse (Lapsus) is a slippe or
departure of a right of presenting
to avoide benefice, from the o­
riginall patron neglecting to
present within six monethes,
vnto the Ordinary. For we say
that benefice is in lapse or lap­
sed, wherevnto he that ought
to present, hath omitted or slip­
ped his oportunitie, anno 13.
Eliz. cap. 12. This lapse grow­
eth as well the Patron being
ignorant of the auoydance, as
priuie, except onely vpon the re­
signation of the former Incum­
bent, or the depriuation vpon
any cause comprehended in the
statute, anno 1 3. Eliz. cap. 12. Pa­
nor: in cap. quia diuersitatem. nu. 7.
de concess: præbend. Rebuffus de de­
volut: in praxi beneficiorum: Lance­
lotus de collation: lib. 1. Institut. ca­
non: §. Tempus autem. In which
cases the Bishop ought to giue
notice to the Patron. 

Larceny (Laricinium) com­
meth of the French (Larcen. i.
furtum, detractio alicui) It is defi­
ned by West. parte. 2. Symbol. titu­
lo Inditements , to be theft of per­
sonall goods or chatels, in the
owners absence: and in respect
of the things stollen, it is either
great or small. Great Larceny is,
wherin the things stolne, though
seuerally, exceede the value of
1 2. pence, and petit Larceny is
when the goods stolne exceede
not the value of 12. pence, hi­
therto M. West. But he differeth
from Bracton. lib. 3. tract. 2. c. 32.
n. 1. Of this see more in Stawnf. pl.
cor. l. 1. cap. 15. 16. 1 7. 18. 19. 

Laghslite , is compounded of
(lah. i. lex) and (slite. i. ruptum)
and signifieth mulctam ruptæ vel
violatæ legis. Lamb: explicat of
Saxon words, verbo Mulcta. 

Last , is a Saxon word, signi­
fiing a burden in generall, as also
particularly a certaine weight:
for as we say a last of hering, so
they say Ein last corns, last wines ,
&c. thence commeth lastage,
which see in Lestage. A last of he­
ring conteineth 10. thousand, an­
31. Ed. 3. stat. 2. cap. 2. a last
of pitch and tarre, or of ashes,
conteineth 14. barrels. anno. 32.
H. 8. cap. 1 4. a last of hides, anno
1. Iac. cap. 33. conteineth 12.
dozen of hides or skins. 

Latitat , is the name of a writ
whereby all men in personall









actions are called originally to
the Kings bench. Fitz. nat. br. fo.
78. M. And it hath the name
from this, because in respect
of their beter expedition, a
man is supposed to lurke, and
therefore being serued with this
writ, he must put in securitie for
his appearance at the day, for la­
titare, est se malitiose occultare ani­
mo fraudandi creditores suos a­
gere volentes. l. Fulcinius §. Quid
sit latitare. π. Quibus ex
causis in possessionem eatur : But
to vnderstand the true original
of this writ, it is to be knowne,
that in auncient time, whilest the
kings bench was moueable, and
followed the court of the King,
the custome was, when any man
was to be siewed, to send forth
a writ to the Shyreeue of the
county where the Court lay, for
the calling him in: and if the
Shyreeue returned, non est in­
ventus in baliva nostra, &c. then
was there a second writ procured
foorth, that had these words,
(testatum est eum latitare, &c.)
and thereby the Shyreeue wil­
led to attach him in any other
place where he might be found.
Now when the tribunall of the
Kings bench came to be setled
at Westminster , the former course
of writ was kept for a long
time, first sending to the Shy­
reeue of Midlesex to summon
the party, and if he could not be
found there, then next to appre­
hend him wheresoeuer. But
this seeming too troublesome
for the subiect, it was at last de­
uised, to put both these writs in­
to one, and so originally to
attache the party complained
of vpon a supposall or fiction,
that he was not within the coun­
ty of Middlesex , but lurking else
where, and that therefore he
was to be apprehended in any
place else, where he was presu­
med to lye hidden, by a writ di­
rected to the Shyreeue of the
county where he is suspected to
be: and by this writ a man being
brought in, is committed to the
Marshall of that court, in whose
custodie when he is, then by
reason he is in the same countie
where the Kings bench is, he
may be siewed vpon an action
in that court, wheras the original
cause of apprehending him
must be a pretence of some de­
ceit or contempt committed,
which most properly of old
belonged to the cognizance of
that court. I haue bene enfor­
med, that the bringing of these
actions of trespas so ordinarily
to the kings bench, was an inuen­
tion of Councelers, that because
onely Sergeants may come to
the common plees barre, found
a meanes to set themselues on
worke in that court. The forme
of this writ is such : Iacobus Dei









gratia Angliæ, Franciæ, Scotiæ, &
Hiberniæ Rex fidei defensor, &c.
Vicecomiti Cantabrigiæ salutem.
Cum Vicecomitinostro Midlesexiæ
nuper præceperimus, quod capiret
Thomam T. & Wilielmum
W. si inuenti fuissent in balliua
sua, & eos saluo custodiret, ita
quòd haberet corpora eorum coram
nobis apud Westminster die vene­
ris proximo post octavas Sanctæ
Trinitatis, ad respondendum Ro­
berto R. de placito trangressi­
onis; cumque vicecomes noster Mi­
dlesexiæ, ad diem illum nobis re­
turnauerit, quod prædicti Thomas
T. & Wilielmus W. non
sunt inuenti in balliua sua, super quo
ex parte prædicti Roberti in curia
nostra coram nobis sufficienter te­
statum est, quòd prædicti Thomas
& Wilielmus latitant & discur­
runt in comitatu tuo. Idcirco ti­
bi præcipimus quòd capias eos, si in­
ventifuerint in balliua, tua & eos sal­
vo custodias, ita quod habeas corpo­
ra eorum coram nobis apud West­
minster, die Martis proximo post
tres septimanas, eodem Trinitatis,
ad respondendum præfato Roberto
de placito prædicto, & habeas ibi
tunc hoc breve. Teste Iohanne
Popham apud Westminster. Roper. 

Launcegay, anno. 7. Rich. secun­
di. cap. 1 3. 

Law (lex) cometh of the Sax­
on (lah) the generall signification
is plaine, only this I thought to
note, that the law of this land
hath beene variable. For first
Dunwallo Mulmutius otherwise.
Molincius a Brittaine, that be­
ing Duke of Cornwall reduced
the whole land formerly seue­
red by ciulle wars, into the state
of a Monarchy , made certaine
wholsome lawes, which long
after were called Mulmutius
lawes, and by Gyldas translated
out of the Bryttish tongue into
latine. Stow in his Annals, pag.
16. Of these there remaine yet
certaine heads, recorded by our
historiographers, as followeth. 1.
vt Deorum templa, & ciuitates ho­
minum consequantur tantam dig­
nitatem, ne quis illò confugiens ex­
trahi possit, antequàm ab eo quem
læserat, veniam impetraverit. 2. vt
huiusmodi privilegium immunita­
tis habeant etiam ipsæ viæ, quæ
ducunt ad templa & ad vrbes. 3.
I mo & iumenta quoque illa, quæ rei
rusticæ subueniunt. 4. Denique colo­
norum aratra ipsa tali prærogati­
va libertatis perfruantur. 5. Hoc
amplius, vt ne qua terra vacaret
cultura, neve populus isopia rei fru­
mentariæ premeretur, aut ea mi­
nueretur, si pecora sola occuparent
agros qui ab hominibus coli debent.
6. Constituit quot aratra quælibet
diœcesis haberet: ac pœnam statuit
iis, per quos ille numerus aratrorum
foret diminutus: 7. Item vetuit,
bovem ar atorem pro debito pecuniæ,
assignari debitoribus, si alia bona
debitoris essent. Ita fore, ne compen­









dii causa homines pecuarii agros
incultos redderent: sic etiam fore, ne
quid earum rerum, quas natura præ­
bet, hominibus vsquam deesse posset.
Rich. Vitus historiarum Britanniæ. li.
3. nu. 1. And of these lawes we
finde no obscure remanets in our
lawes now in vse: See Magna
charta. ca. 1 : & ca. 14. See San­
ctuary. See Peace. Then was
there a lawe called Merchenlage ,
whereby the Mercians were
gouerned, being a kingdome in
the heart of the land, conteining
those countries, that be nowe
called Northampton shire, Leyce­
ster shire, Rutland shire, Lin­
colne shire, Nottingham shire, and
Derby shire. Camd. Britan. pag.
94. whose power was great in
the Heptarchy of the Saxons , vn­
till at the last they were conque­
red by the west Saxons , and
made subiect to them. Polydor. in
Angl. Hist. lib. 5. But whereas
the name of these lawes sauou­
reth of the Saxons time, it is re­
ported by others that Martia a
very learned Queene and wife
to Quintelinus a Britton king,
was the author of them, long be­
fore the Saxons set foote in En­
gland. Rich. Vitus. histo. Britan. li. 3.
nu. 14. who also saith that Al­
phred the Saxon King translated
both these, and also those of
Mulmutius into the English or
Saxon tongue. Thirdly, there
was the lawe of the west Sax­
ons , called west Saxenlage , and
the lawe of the Danes when
they set foote into the Realme.
called Denelage. And of these
lawes, Edward made one lawe, as
some write, whereby he ruled
his kingdome. But M. Camd.
vbi supra , speaking nothing of
Mulmutius lawes, saith out of
Geruasius Tilburiensis , that of the
other three William the Conque­
rour chose the best, and to them
adding of the Norman lawes,
such as he thought good, he
ordeined lawes for our king­
dome, which we haue at this
present, or the most of them.

Lawe hath an especiall signi­
fication also, wherein it is ta­
ken for that which is lawfull
with vs, and not els where. As
tenent by the courtesie of Eng­
land. anno 13. Ed. 1. cap. 3. and
againe, to wage lawe, vadiare le­
gem , and to make lawe, facere
legem. Bracton lib. 3. tract. 2. cap.
37. is to chalenge a speciall be­
nefite, that the lawe of this
Realme affordeth in certaine ca­
ses: whereof the first, sc. vadiare
legem , is to put in securitie, that
he will make lawe at a day as­
signed, Glanuile lib. 1. cap. 9. and
to make law is to take an oath,
that he oweth not the debt cha­
lenged at his hand, and also to
bring with him so many men
as the court shall assigne, to a­
vowe vpon their oath, that in
there consciences he hath sworne
truly. And this lawe is vsed in









actions of debt, without special­
ty, as also where a man com­
ming to the court, after such
time, as his tenements for de­
fault be seised into the Kings
hands, will denie himselfe to
haue beene summoned, Glanuile
lib. 1. cap. 9. & 12. and See
Bracton vbi supra. nu. 1. v. Kitchin.
fol. 164 See the newe expositi­
on of lawe Termes verbo (Ley)
this is borrowed from Norman­
die , as appeareth by the grand
Custumarie, cap. 8 5. But Sir Ed­
ward Cooke saith, it springeth
originally from the iudiciall
lawe of god, li. 4. of his reports,
S lades case, fol. 95. b. alleaging
the 22. cap. of Exodus, versu. 7.
Whether so or not, the like cu­
stome is among the Feudists: by
whome they that come to
purge the defendant, are called
(Sacramentales.) libro feud. 1. tit.
4. §. 3. & titulo 10. & titulo. 26. 

Lawe of armes (ius militare) is a
law that giueth precepts & rules
how rightly to proclaime warre,
to make and obserue leagues &
truce, to set vpon the enemie,
to retire, to punish offendours
in the campe, to appoint souldi­
ers their pay, to giue euery one
dignitie to his desert, to diuide
spoiles in proportion, and such
like, for farder knowledge wher­
of, reade those that write de iure
belli. 

Lawe day , signifieth a leete
Cromptons Iurisdict. fol. 160. and
the county court, anno 1. Ed. 4.
cap. 2. 

Lawles man , is he qui est extra
legem, Bracton lib. 3. tract. 2. cap.
11. nu. 1. See  Outlawe.

Lawe of Marque , See Repri­
salles. This word is vsed anno 27.
Ed. 3. stat. 2. ca. 17. and groweth
from the German word March.
i. limes , a bound or limite. And
the reason of this appellation is,
because they that are driuen to
this lawe of reprisall, do take
the goods of that people of
whome they haue receiued
wrong, and cannot get ordinary
iustice, when they can catch
them within their owne terri­
tories or precincts. not in OED as headword

Lawe Merchant , is a priui­
ledge or speciall lawe differing
from the common lawe of
England, and proper to mer­
chants and summary in procee­
ding, anno 27. Ed. 3. stat. 8. 9.
19. & 2 0. anno 13. Ed. 1. stat.
tertio. 

Lawing of dogs (expeditatio ca­
num) See Expeditate. Mastifs
must be lawed euery three yeare.
Cromptons Iurisd. fol. 163. 

Lease (lessa) commeth of the
French (laysser. i linquere, relin­
quere, omittere, permittere:) It sig­
nifieth in our common lawe, a
dimise or letting of lands or te­
nements or right of common, or
of a rent or any hereditament









vnto another, for terme of
yeares or of life, for a rent reser­
ued. And a lease is either writ­
ten, called a lease by Indenture,
or made by word of mouth, cal­
led a lease paroll. See the newe
Termes of the lawe. The party
that letteth this lease, is called
the leassour, and the partie to
whom it is let, the leassee.
And a lease hath in it sixe points:
viz. words importing a dimise,
a leassee named, a commence­
ment from a day certaine, a term
of yeares, a determination, a
reseruation of a rent. Coke vol.
6. Knights case. fol. 5 5. a. 

Leete (leta) is otherwise cal­
led a lawe day, Smith de Republ.
Anglor. lib. 2. cap. 18. the word
seemeth to haue growne from
the Saxon (Lethe) which as ap­
peareth by the lawes of king
Edward set out by M. Lamberd.
num. 3 4. was a court or iurisdi­
ction aboue the Wapentake or
Hundred, comprehending three
or foure of them, otherwise cal­
led Thryhing , and contained the
third part of a Prouince or
Shire. These iurisdictions one
and other be now abolished, and
swallowed vp in the Countie
court, except they be held by
prescription. Kitchin. fol. 6. or
charter in the nature of a
franchise, as I haue said in
(Hundred.) The libertie of
Hundreds is rare, but many
Lordes, together with their
courts Baron, haue likewise
Leetes adioyned, and thereby
do enquire of such transgres­
sions, as are subiect to the
enquirie and correction of this
Court: whereof you may read
your fill in Kitchin , from the be­
ginning of his booke to the
fifth chapter, and Briton. cap.
28. But this court, in whose
maner soeuer it be kept, is
accompted the kings court, be­
cause the authoritie thereof is
originally belonging to the
Crowne, and thence deriued
to inferiour persons, Kitchin fol.
6. Iustice Dyer saith, that this
Leete was first deriued from the
Shyreeues Turn. fol. 64. And it
enquireth of all offences vn­
der high treason, committed
against the Crowne and dig­
nitie of the king; though it
cannot punish many, but must
certifie them to the Iustices of
Assise, per Statut. anno 1. Ed. 3.
cap. vlt. Kitchin fol. 8. but what
things bee onely inquirable,
and what punishable, see Kitchin
in the charge of a court Leet,
fol. 8. 9. 10. 11. 12. 13. 14. 1 5. 16.
17. 18. 19. 20. See also the Sta­
tute anno 18. Ed. 2. The Iurisdi­
ction of Bayliffes in the Dutchy
of Normandie , within the com­
passe of their Prouinces, seemeth
to be the same, or very neare the
same, with the power of our









Leete. cap. 4. of the grand Custu­
marie. 

Legacie (legatum) is a particu­
lar thing giuen by last will and
testament. For if a man dis­
pose or transferre his whole
right or estate vpon another, that
is called Hæreditas by the Ciuili­
ans, and he to whome it is so
transferred, is tearmed hæres.
Howbeit our common Lawyers
call him Heire, to whom all a
mans lands and hereditaments
doe descend by right of bloud.
See Heire. See Hereditaments. 

Leproso amouendo , is a writ that
lyeth for a Parish, to remoue a
Leper or Lazar, that thrusteth
himselfe into the company of
his neighbours, either in church
or other publike meeting, and
communeth with them to their
annoyance or disturbance. Regi.
orig. fol. 267. Fitz. nat. br. fol.
2 3 4. 

Lestage, aliâs lastage, (lastagi­
um) proceedeth from the Sa­
xon word (last. i. onus) and is a
custome chalenged in Faires &
markets for carying of things.
Rastals Exposition of words: or
a custome chalenged in chea­
pings or Faires. Saxon in the des­
cription of England, cap. 11.
Lastage. anno 21. R. 2. cap. 18.
seemeth to be the Ballance of a
shippe. Fleta tearmeth it Lesting ,
saying, quòd significat acquietantiam
Lestagii. lib. 1. cap. 47. §. Lesting. 

Leters of exchaunge, (literæ
Cambitoriæ, vel literæ Cambii) 
Regist. orig. fol. 194. a. 

Leters patents (literæ patentes)
 be writings sealed with the
broad Seale of England , whereby
a man is authorized to do or en­
ioy any thing that otherwise of
himselfe he could not. anno 19.
H. 7. cap. 7. And they be so
tearmed of their forme, because
they be open with the Seale han­
ging, readie to be shewed for
the confirmation of the autho­
ritie giuen by them. If any will
say, that leters patents may bee
graunted by common persons,
I will not greatly contend. For I
find that to be true in Fitzh. nat.
br. fol. 35. E. Howbeit they bee
called rather patents in our com­
mon speech, then Leters patents.
Leters patents to make Deni­
zens. anno 32. H. 6. cap. 16.
yet for difference sake, the kings
leters patents be called leters pa­
tents royall. anno 2. H. 6. cap. 10.
There is likewise a writ patent.
F itzh. nat. br. fol. 1. & seqq. 

Leuari facias , is a writ directed
to the Shyreeue, for the leuying
of a Summe of money vpon
lands and tenements, of him that
hath forfeited a recognizance,
&c. Regist. origin. fol. 2 98. b. &
300. b. 

Leuari facias damna de disseisi­
toribus , is a writ directed to the
Shyreeue, for the leauying of









dammages, wherein the dissei­
sour hath formerly beene con­
demned to the disseisee. Regist.
fol. 214. b. 

Leuari facias residuum debiti , is
a writ directed to the Shyreeue,
for the leuying of a Remanent
of a debt vpon lands and tene­
ments, or chatels of the debtor,
that hath in part satisfied before,
Regist. orig. fol. 2 99. 

Leuari facias quando vicecomes
returnavit quòd non habuit empto­
res , is a writ commaunding the
Shyreeue to sell the goods of
the debtor, which he hath al­
readie taken, & returned that he
could not sell them, and as much
more of the debtours goods, as
will satisfie the whole debt. Re­
gist. orig. fol. 300. a. 

Leter of Atturney, (litera At­
turnatus) is a writing, authori­
zing an Atturney, that is, a man
appointed to do a lawfull act in
our steedes, West. parte prim. sym­
bol. lib. 2. sect. 559. It is called
in the ciuile lawe (mandatum , or
procuratorium) There seemeth
to be some difference betweene
a leter of Atturney, and a
warrant of Atturney. For where­
as a leter of Atturney is suffi­
cient, if it be sealed and deliue­
red before sufficient witnesse: a
warrant of Atturney must be
acknowledged and certified be­
fore such persons, as fines bee
acknowledged in the country,
or at the least before some Iustice
or Sergeant, West. parte 2. symbol.
titulo Recoveries. sect. 1. F. See the
statute, anno 7. R. 2. cap. 14. 

Leters of Marque. See Mar­
que and lawe of Marque. See Re­
prisals. see a. 1 4. Hen. 6. cap. 7. 

Leters patents of summons for
debt: anno 9. H. 3. cap. 18. 

Leuy (Leuare) commeth of the
French (Leuer. i. alleuare, attollere)
It is vsed in our common law,
for to set vp any thing, as to le­
uy a mill. Kitchin, fol. 180. or to
cast vp, as to leuy a ditch. Old.
nat. br. fol. 110. or to gather and
exact, as to leuy mony. See Leua­
ri facias. 

Libell (Libellus) literally sig­
nifieth a litle booke, but by vse
it is the originall declaration of
any action in the ciuill lawe. an­
no 2. H. 5. cap. 3. & anno 2. Ed.
6. cap. 13. it signifieth also a cri­
minous report of any man cast
abroad, or otherwise vnlawfully
published in writing, but then
for difference sake it is called an
infamous libel, famosus libellus. 

Libello habendo. See Copia libel­
li deliberanda.

Libera Chase a habenda , is a writ
Iudiciall, graunted to a man for
a free chace belonging to his
maner, after he hath by a Iury
prooued it to belong vnto him.
Register Iudiciall, fol. 36. & 37. 

Liberate , is a warrant issuing
out of the Chauncery to the Trea­









surer, Chamberlaines, and Ba­
rons of the Exchequer, or clerk of
the Hamper, &c. for the pay­
ments of any annuall pension or
other summes graunted vnder
the broad seale. v. Brooke. titulo
Taile d'Exchequer. nu. 4. orig. Reg.
fol. 193. a. b. or sometime to the
shyreeue. &c. n. br. f. 1 32. for the
deliuery of any lands or goods
taken vpon forfeits of a Recog­
nisaunce. Fitzh. nat. br. fol. 131.
& 132. v. Coke. li. 4. Fulwods case,
fo. 64. 66. & 67. It is also to a
Gaoler from the Iustices for the
deliuery of a prisoner, that hath
put in baile for his appearaunce.
Lamb. Eirenarch. lib. 3. cap. 2. 

Libertate probanda , is a writ
that lyeth for such, as be cha­
lendged for slaues, and offer to
proue themselues free, to the
Shyreeue, that he take security
of them for the prouing of their
freedome before the Iustices of
Assise, and prouide, that in the
meane time they be quiet from
their vexations, that chalenge
them for slaues. Fitz. nat. br fol.
77. See Natiuo habendo.

Libertatibus allocandis , is a
writ that lyeth for a citizen or
Burges of any citie, that contra­
rily to the liberties of the city or
towne whereof he is, is implea­
ded before the kings Iustices,
or Iustices errants, or Iustice of
the Forest, &c. that refuseth or
deferreth to allow his priuiledge
Orig. Regist. fol. 262. Fitz. nat.
br. fol. 229. 

Libertatibus exigendis in itinere ,
 is a writ, whereby the king wil­
leth the Iustices in eyre , to admit
of an Atturney for the defence
of another mans libertie, &c.
before them. Regist. origin. fol.
19. b. 

Libertas (libertas) is a priui­
ledge held by graunt or prescri­
ption, whereby men enioy some
benefite or fauour beyond the
ordinarie subiect. Liberties royal
what they be, see in Bracton. lib.
2. cap. 5. Broke hoc titulo. See Franchise.not in OED as headword

Librata terræ , containeth foure
oxegangs, and euery oxegange
13. acres. Skene de verb. signif.
verbo Bovata terræ. See  Farding
deale of land.

Licence to go to election, (Licen­
tia eligendi , Regist. fol. 294.) See
Conge d'eslire.

Licence to arise, (licentia sur­
gendi) is a libertie giuen by the
Court to a tenent, that is essoy­
ned de malo lecti in a reall action.
For the lawe is, that in this case
he may not arise out of his bed,
or at least goe out of his cham­
ber, vntill he haue bene viewed
by Knights thereunto appoin­
ted, and so vpon view of his
sicknesse, haue a day assigned him
to appeare, or else lye, vntill he
be licenced by the court to arise.
And the reason of this is, as I









take it, because it may appeare,
whether he caused himselfe to
be essoyned deceitfully yea or
not: And therefore if the de­
maundant can prooue, that he be
seene out of his chamber, wal­
king vp and downe his grounds,
or els going abroad vnto any o­
ther place, before he be viewed
or haue licence of the court, he
shalbe adiudged to be deceitful­
ly essoyned, and to haue made
default. Of this see Bracton, lib. 5.
tract. 2. cap. 7. 10. & 12. and Fle­
ta, li. 6. cap. 10. Horne in his se­
cond booke of his mirrour, ca.
des Essoines , saith that the aduerse
party may graunt licentiam sur­
gendi to his aduersary thus essoy­
ned: And if he will not, the king
vpon iust cause, may. 

Licentia surgendi , is the writ
whereby the tenent essoyned de
malo lecti , obteineth liberty to
rise. See Licence to arise. See the
Register, fol. 8. 

Licentia transfretandi , is a writ
or warrant directed to the kee­
pers of the Port at Douer, &c.
willing them to let some passe
quietly ouer sea, that hath for­
merly obteined the kings licence
thereunto, Reg. Orig fol. 193. b. 

Lieftenent (locum tenens) is a
French word, signifiing as much
as (Legatus) it is compounded
of (Lieu. i. Locus) and (tenir. i.
tenere) It signifieth with vs him,
that occupieth the kings place, or
representeth his person, as the
Liefetenent of the Kings of
Ireland. anno 4. H. 5. cap. 6. so is
it vsed anno 2. & 3. Ed. 6. cap. 2.
whence that officer seemeth to
take his beginning. But I read al­
so in M. Manwoods first part of
forest lawes. pag. 113. that the
lord cheife Iustice in Eyre of the
Forest: and the cheife warden
also, haue their Liefetenents in
the forest. So that though a Leif­
tenent be most ordinary and
most properly vsed for the De­
pute of the king: yet is it some­
time extended to ther debutes that
be but Liefetenents to the King. 

Liefetenent of the Ordinance,
 anno 39. El. ca. 7. 

Liege, (ligius) is a word bo­
rowed from the Feudists, and
hath two seuerall significations
in our common lawe: sometime
being vsed for Liege Lord.
anno 34. & 35. H. 8. cap. 1. &
anno 35. eiusdem, cap. 3. and som­
times for Liege mman. anno 10. R.
2. cap. vnico & anno 11. eiusdem.
cap. prim. Liege Lord is he, that
acknowledgeth no superiour.
Duarenus in Comment. de Consue­
tud. Feudorum, cap. 4. num. 3.
Liege man is he, that oweth le­
geancie to his liege Lord. M.
Skene de verb. sign. verbo Lige­
antia , saith, that it is deriued
from the Italian word, (liga) i.
a band, league, or obligation,
in whom read more of this mater. 









Ligeancie , is such a duty or
fealtie, as no man may owe or
beare to more then one Lord. I­
dem, eodem, num. 4. I find also
this definition of ligeancie in the
grand Custumarie of Normandy,
cap. 13. Ligeantia est, ex qua Do­
mino tenentur vasalli sui contra om­
nes homines qui mori possunt & vi­
uere, proprii corporis præbere consi­
lii & auxilii iuvamentum, & ei se
in omnibus innocuos exhibere, nec ei
adversantium partem in aliquo con­
fouere. Dominus etiam eosdem te­
netur regere, protegere & defensare:
eosque secundum iura & consuetu­
dines, & leges patriæ pertractare:
this is otherwise called legietas,
Cassan: de Consuetud: Burgund:
pag. 420. & 421. This word is
vsed in the statutes of our realm:
as the kings liege people. anno
14. H. 8. c. 2. Of the oath of lea­
geancy, Iacobutius de Franchis in
præludio feudorum, cap. 2. nu. 138.
hath these words: Præstatur hoc
Ligeum Homagium in manibus Re­
gis vel imperatoris, genibus flexis,
positis manibus iunctis in manibus
Domini, dicendo: Ego iuro homagium
tibi Dom. vt a modo sim homo ligeus
vester, contra omnem hominem, qui
potest viuere: verba sunt pulchra
Andr. de Isern: in cap. 1. in verbo
omnem. Colum: prima. de noua for­
ma fidelita: & hoc ligeum Homa­
gium videmus præstari domino Regi
tantum: quia cumm per id efficiatur ho­
mo solius illius, cui iuratur, vt dixit
Hostiensis in cap. ex diligenti. de Sy­
mon: alii non potest præstari. i. quia
illius solius esse similiter non potest:
Non n. esse potest duorum in soli­
dum. l. si vt certo. §. si duobus ve­
hiculum. ϖ: commodati. secundùm
And: in dicto cap : 1. §. omnem. &
Bald; hic in 7. diuis & Aluar. in
13. diuisione.) Non ligeum verò di­
citur, quando quis iurat fidelita­
tem Domino, excepta aliqua per­
sona, viz. domino superiori, vel an­
tiquiore: Hactenus Iacobutius.
where you may reade more
touching this point: as also in
Hotomans disputations de feudis,
pag. 816. fol. 820. &c. 

Ligeance (Ligeantia) See Liege
It sometime signifieth the do­
minions or territoritie of the
Liege Lord: as anno 2 5. Ed. 3.
stat. 2. Children borne out of
the Ligeance of the King. 

Lierwit est mulcta adulteriorum.
Fleta li. 1. ca. 47. It is vsed for a
libertie whereby a Lord cha­
lengeth the penalty of one that
lyeth vnlawfully with his bond
woman. See Lotherwit.

Limitation of Assise (Limitatio
assisæ) is a certaine time set
downe by statute, within the
which a man must alledge him­
selfe or his auncester to haue bin
seised of lands, siewed for by a
writ of Assise. See the statute
of Merton, cap. 8. anno 20. H. 3.
and West. 1. cap. 38. and an. 32. H.
8. c. 2. & an. 1. M. 1. p. c. 5. See also









Theloals digest of writs lib. 10. cap.
2. So it is vsed in the old. nat.
br. fol. 77. in these words: the
writ de consuetudinibus & seruitus
lyeth, where I or mine Aunce­
sters after the limitation of As­
sise, were not seised of the Cu­
stomes, &c. But before the Limi­
tation of Assise wee were sei­
sed, &c. 

Lindwood , was a Doctor of
both Ciuill and Canon lawes,
and Deane of the Arches, he
was Embassadour for Henry the
fiueth into Porting all, anno 1422.
as appeareth by the preface to
his commentarie vpon the Pro­
vincialls. 

Litleton , was a lawyer of great ac­
compt, liuing in the daies of Ed­
ward the fourth, as appeareth by
Stawnf. prærogat: cap. 21. fol. 72.
he wrot a booke of great ac­
compt, called Litletons tenoures,
which Hotoman in his commen­
tary de verbis feudalibus. verb. Foe­
dum , thus commendeth. Stepha­
nus Pasquerius excellenti vir inge­
nio, & inter Parisienses causidicos di­
cendi facultate præstans, libellum
mihi Anglicanum Litletonum de­
dit, quo Feudorum Anglicorum lu­
ra exponuntur, ità inconditè, absur­
de, & inconcinnè scriptum, vt facilè
appareat verum esse, quod Polidorus
Virgilius in Anglica historia scribit,
stultitiam in eo libro cum malitia &
calumniandi studio certare. 

Literæ ad faciendum attorna­
tum pro secta facienda: see in the
Regist: originall, fol. 172. Literæ de
annua pensione, eodem , 266. &
307. Litera patens ad faciendum
generalem atturnatum quia infirmus,
eodem, fol. 21. Litera per quam do­
minus remittit curiam suam Regi,
eodem. fol. 4. Literæ de requestu, eo­
dem, fol. 129. Literæ canonici ad ex­
ercendam iurisdictionem loco suo, fo.
305. Literæ patentes ad conferendum
beneficia, domino in remotis agente.
fol. 305. Literæ ad innotescendum re­
cuperationem Regis de ecclesia
omnibus quorum interest, fol. 305.
Literæ patentes regis quod Ab­
bas ad totam vitam suam possit
facere Atturnatos generales, f. 2 1.
Literæ procuratoriæ; fol. 205. 306.
Literæ Regiæ deprecatoriæ pro an­
nua pensione, fol. 307. All these
you may see in their places, &
vnderstand the meaning of
them, as occasion shall re­
quire. 

Liverie (Liberatura) is drawne
from the French (livree i. insigne,
gestamen, Centuriale discrimen, no­
ta centurialis, turmalis) or els
from (livrer. i. tradere) and accor­
dingly hath 3. significations. In
one it is vsed for a suite of cloth
or other stuffe, that a gentleman
giueth in coates, cloakes, hats
or gownes, with cognisaunce or
without, to his seruants or fol­
lowers, anno 1. Rich. 2. cap. 7.
& anno 20. eiusdem, cap. 1. & 2.
& anno 7. H. 4. ca. 14. &









anno 8. Ed. 4. ca. 2. & anno 7. e­
iusdem, ca. 14. & anno 13. eiusdem,
ca. 3. & a. 8. H. 6. ca. 4. & anno
8. Ed. 4. ca. 3. & anno 3. H. 7.
ca. 1. & 12. & anno 11. eiusdem,
ca. 3. & anno 19. eiusdem, cap. 14.
In the other signification, it beto­
keneth a deliuery of possession
vnto those tenents, which hould
of the king in capite , or in knights
seruice: for the king by his pre­
rogatiue hath primier seysini (or
the first possession) of all lands
and tenements so houlden of
him. anno 52. H. 3. cap. 16. & an.
17. Ed. 2. cap. 3. that is, when
any such tenent dyeth, the king
foorthwith entreth, and holdeth
it vntill the heire do his ho­
mage, and so pray his land to
be deliuered vnto him. Which
act in the king is called Liuerie:
and liuerie in this signification is
either generall or speciall. Stawn.
prærog. fol. 12. & cap. 3. Liuerie
generall seemeth to be that,
which is made in general words,
and therefore may easily be
missued. Liuerie speciall is that,
which containeth in it a pardon
of ouersights committed by the
tenent in siewing out his liuerie,
by which pardon the missuing is
dispensed with. Stawnf. pag. 67
cap. Trauers. 20. See the Institutes
and grounds of the common
lawe. cap. 30. of generall and
speciall liueries. Liuerie in the
third signification is the writte
which lyeth for the heire to ob­
taine the possession or seisin of
his lands at the kings handes:
which see in Fitz. nat. br. fol. 15 5. 

Liuerie of seisin (deliberatio sei­
sinæ) is a deliuerie of possession
of land or tenement, or other
things corporeall, (for of things
incorporeall no liuerie of seisin
may be) vnto one that hath right
or a probabilitie of right vnto
them. For as Bracton saith : Tra­
ditio debet esse vestita & non
nuda, sc. quòd traditione præcedat
vera causa vel putatiua, qua tran­
seat Dominicum. lib. 2. cap. 18.
num 3. West parte prim. symbol. li.
2. sect. 196. calleth this a cere­
monie in the common lawe, vsed
in the conueyance of lands or
tenements, &c. where you may
see the vsuall forme hereof par­
ticularly set downe, whereunto
ioyne the new exposition of law
tearmes. 

Lieutenent. See Lieftenent.

Lieutenent of the tower , seemeth
to haue bene an officer vnder the
Constable. anno Henr. 4. cap. 15. 

Locus partitus , signifieth a di­
uision made betweene 2. townes
or counties, to make triall in
whether the land or place in
question lieth. Fleta lib. 4. cap.
15. num. 1. 

Locall (localis) signifieth in
our common lawe, as much as
tyed or annexed to a place cer­
taine: Example: the thing is lo­









call and annexed to the Free­
hold. Kitchin fol. 180. and a­
gaine in the same place : An a­
ction of trespasse for battery, &c.
is transitorie and not locall: that
is, not needfull that the place of
the batterie should bee set
downe as materiall in the decla­
ration: or if it be set downe,
that the defendant should tra­
uerse the place set downe, by
saying, he did not commit the
batterie in the place mentioned
in the declaration, and so auoide
the action. And againe, fol.
230. the place is not locall: that
is, not materiall to be set down
in certaintie. And the gard of
the person and of the landes
differeth in this, because the
person being transitorie, the
lord may haue his rauishment de
garde , before he be seised of him,
but not of the land, because it
is locall. Perkins Graunts 30. 

Lobbe , is a great kinde of
north sea fish. anno 31. Ed. 3.
stat. 3. cap. 2. 

Lodemanage , is the hire of a
Pilot for conducting of a ship
from one place to another. 

Loichfish , as Lob. Ling. Cod. an­
no 31. Ed. 3. stat. 3. cap. 2. not in OED as headword

Lode works , is one of the works
belonging to the Stannaries in
Cornwall : for the which reade M.
Camdens Britan: in his title of
Cornwal. pa. 119. See Streme work. 

Lollards (Lollardi) were in ac­
compt and reputation of those
times, Heretiks that abounded
heere in England, in the daies of
Edward the third, and Henry the
fifth. anno 2. H. 5. cap. 7. where­
of Weekleife was the cheife, as
Stowe saith in his Annalls: pag.
425. who by his report, went
barefooted and bassely clothed,
to wit in base russet garments
downe to the heeles: they preach­
ed, and especially against Monks
and other religious men. Of
these reade more in him and o­
thers that writ of those times.
The name Lindwood deriueth a
lolio: quia sicut lolium inficit se­
getes: sic Lollardi multociens infici­
unt fideles simplices inter quos con­
uersantur. in ca. finali: de Hæreticis
verbo Lollardiæ: But Tritemius in
his chronicle, deduceth the name
from one Gualter Lolhard a Ger­
man as the first author of that
sect, liuing about the yeare of
our redemption. 1315. 

Lord (Dominus) by M. Cam­
dens opinion, is a contract (of
Lafford) which is the Danish
word for Dominus. It is a word
of honour with vs, and is vsed di­
uersly. Sometime being attribu­
ted to a man, that is noble by
birth or creation, which sort are
otherwise called Lords of the
Parlament. Sometime to those
that be so called by the courtesie
of England , as all the sonnes of
a Duke, or the eldest sonne of an









Earle. Sometime to men hono­
rable by office, as lord chiefe Iu­
stice, &c. and sometime to a
meane man that hath see, and so
consequently the homage of te­
nents within his maner. For by
his tenents he is called Lord, and
by none other, and in some
places, for distinction sake, he is
called Landlord. It is vsed neuer­
thelesse by the Writers of the
common lawe, most vsually in
this signification. And so is it
diuided into lord aboue, and
lord mesn: lord mesn, is he that
is owner of a maner, and by
vertue thereof hath tenents hol­
ding of him in fee, and by copy
of court rolle, and yet holdeth
himselfe ouer of a superiour
Lord: who is called lord a­
boue, or lord Paramount, old nat.
br. fol. 79. Although I thinke
none simply to be accounted
lord Paramount, but the Prince:
because all hold either medi­
ately or immediatly of him,
and he of none. In this significa­
tion I likewise reade Very lord,
and Very tenent. eod. fol. 42. &
B roke titulo Heriot. num. 1. where
(I thinke) very lord, is he which
is immediate Lord to his tenent:
and him to be very tenent to
that Lord, of whom he immedi­
ately holdeth. So that if there be
lord aboue, lord mesn, and te­
nent, the lord aboue is not very
lord to the tenent, nor the tenent
very tenent to the lord aboue. 

Lord in grosse. Fitz. nat. br. fol.
3. is he that is lord hauing noe
maner, as the king in respect of
his crown. idem, f. 5. F. See him
also, fol. 8. A. B. where I finde a
case wherein a priuate man is
lord in grosse. viz. a man maketh
a gift in tayle of all the land hee
hath, to hold of him and dyeth:
his heire hath but a Seignorie in
grosse. 

Lorimers. anno 1. R. 3. cap. 1 2.
 is one of the companies in
London , that maketh bits for bri­
dles of horses and such like. The
name seemeth to be taken from
the latine (lorum) and is else
where writen Lorinors. 

Lotherwit, aliâs Leyerwit , is a
libertie or priueledge to take
amends of him that defileth
your bondwoman without li­
cence, Rastall: exposition of
words. It is an amends for lying
with a bondwoman. Saxon in his
description of England. cap. 11.
Some thinke it should be rather
writen (Legerwit) For (Leger)
is the Saxon word for a bedde,
or (Logherwit) of the old word
(Logher) being of the same
signification. See  Bloodwit and
Lyerwit.

Lusernes, See Furre.

Lushoborow , is a base coine
vsed in the daies of King Ed. the
3. coined beyond Seas to the like­
nes of English money, and









brought in to deceiue the King
and his subiects. To auoide the
which it was made treason for
any man wittingly to bring in
any such. an. 2 5. Ed. 3. stat. 4. cap.
secundo. 


M

MAcegriefs. aliâs Macegrefs.
 be such as willingly buie
and sell stolen flesh, Britton, cap.
29. fo. 71. b. Cromptons Iustice of
peace fo. 193. a. 

Magna assisa eligenda , is a
writ directed to the Shyreeue,
to summon foure lawful knights
before the Iustices of Assise,
there vpon their oathes to chuse
12. knights of the vicenage, &c.
to passe vpon the great assise
betweene A. plaintife and B. de­
fendant, &c. Register originall,
fol. 8. a. 

Magna Charta , called in
English the great charter, is a
charter conteining a number of
lawes ordained the ninth yeare
of Henry the third, and confir­
med by Edward the first. The
reason why it was tearmed
Magna charta , was either for
that it conteined the summe of
all the writen lawes in Eng­
land, or else that there was a­
nother Charter called the Char­
ter of the Forest, established
with it, which in quantitie was
the lesser of the two. I reade
in Holinshed , that King Iohn to ap­
pease his Barons, yelded to
lawes or articles of gouernment
much like to this great Charter,
but wee nowe haue noe aun­
cienter writen lawe, then this,
which was thought to be so be­
neficall to the subiect, and a
lawe of so great equitie in
comparison of those, which
were formerly in vse, that
K. Henry the third was thought
but hardly to yeld vnto it, and
that to haue the fifteenth peny
of all the moueable goods
both of the spiritualtie and
temporaltie throughout his
realme. Holinshed in Henry the
third. And though this Char­
ter consist not of aboue 37.
chapters or lawes: yet is it of
such extent, as all the lawe wee
haue, is thought in some sort to
depend of it. Polydorus and Ho­
linshed, vbi supra. 

Mahim (Mahemium) com­
meth of the old French (Me­
haigne) as M. Skene saith, de ver­
bo. signif. verbo Machanium , and
signifieth a corporal hurt, where­
by a man looseth the vse of any
member, that is or might bee
any defence vnto him in batel.
The Canonists call it membri mu­
tilationem , as the eye, the hand,
the foote, the scalpe of the
head, his foretooth, or, as
some say, of any finger of his
hand, Glanuile lib. 14. ca. 7. See









Bracton at large, lib. 3. tracta. 2.
cap. 24. nu. 3. and Britton cap. 25.
and Stawnf. pl. cor. lib. pri. ca. 41.
and the newe exposition of law
Termes, and the Mirrour of Iu­
stices, cap. d'homicid. The grand
Custumarie of Normandie, cap. 6.
calleth it Mahaignium , and defi­
neth it to be enormem læsionem. All
agree that it is the losse of a
member, or the vse thereof. And
membrum , as Cassan : de consuetu:
Burgund. pag. 168. defineth it
out of Baldus, est pars corporis
habens destinatam operationem in
corpore. where you may reade
more of this point. But if you
will see it largely discussed, look
Vgolinus de irregularitatibus, ca. 4.
§ 3. 4. 5. also read M. Skene vbi
supra. 

Mainour, aliâs Manour, aliâs
Meinoure , seemeth to come of
the French (Manier. i. manu tra­
ctare, attrectare) or els of (Ame­
ner. i. abducere). It signifieth in
our common lawe, the thing
that a theefe taketh away or
stealeth: as to be taken with
the mainor. pl. cor. fol. 179. is to be
taken with the thing stolen a­
bout him: and againe, fol. 194. It
was presented that a theefe was
deliuered to the Vicount toge­
ther with the Mainor : & third­
ly, fol. 186. If a man be indited
that he feloniously stole the
goods of another, where, in
truth, they bee his owne goods,
and the goods bee brought in­
to the court as the manour, and
it be demaunded of him, what
hee saith to the goods, and he
disclaime them: though he be
quitted of the felonie, he shall
loose the goods, and againe. fol.
1 4 9. if the defendant were ta­
ken with the manour, and the
manour bee caried to the
court, they in auncient times
would arraine him vpon the
manour, without any appeale or
inditement. I find this word v­
sed in the old. nat. br. fol. 1 10. in
this sort: where a man maketh
a thing by mainour , or leuying ,
or estopping , in such case he
shall haue Assise. where it sig­
nifieth handie labour, and is but
an abbreviation of Main-ov­
rey. 

Mainovre , see  Minouerye.

Mainprise (Manucaptio) is
compounded of two French
words (Main. i. manus) & (prins.
i. captus) which is a participle
of the verbe) prendre. i. capere,
excipere, captare) It signifieth in
our common lawe, the taking or
receiuing a man into friendly
custody, that otherwise, is or
might bee committed to the
mercie of the prison, vpon secu­
ritie giuen for his forth com­
ming at a day assigned: as to let
one to mainprise. old nat. br. fol.
4 2. is to commit him to them,
that vndertake his apparence at









the time appointed. And they
that do thus vndertake for any,
are called Mainpernouns , because
they do receiue him into their
hands. pl. cor. fol. 178. Of this
sort is the word (Mainpernable)
which signifieth him that hath
committed such an offence, as
by law he may be thus bayled.
For in many cases a man is not
mainpernable: whereof see Broke,
titulo Mainprise, per totum. and
Fitz. nat. br. fol. 249. & seqq. M.
Manwood in the first part of his
Forest lawes. pag. 167. maketh
a great difference betweene
Bayle and Mainprise. For he that
is mainprised (quoth he) is al­
wayes said to be at large, and
to goe at his owne libertie out
of ward, after the day is set to
mainprise, vntill the day of his
appearance, by reason of the
said common summons or o­
therwise. But otherwise it is,
where a man is let to bayle to
foure or two men, by the lord
Iustice in eyre of the Forest, vntill
a certaine day. For there he is
alwayes accounted by the lawe
to be in their ward and custody
for the time. And they may, if
they will, keepe him in ward, or
in prison all that time, or other­
wise at their will. So that he that
is so bayled, shall not be said by
the lawe to be at large, or at his
owne libertie. Thus farre M.
Manwood. The myrror of Iustices
maketh a difference also be­
tweene pledges and mainper­
nours, saying, that pledges are
more generall, & that mainper­
nours are bodie for bodie. lib. 2.
cap. de trespasse venial. and lib. 3.
cap. des pledges & mainpernours.
When mainprises may be gran­
ted, and when not, see Cromptons
Iustice of peace. fol. 136. &c.
vsque 141. and Lamberd. Eiren.
lib. 3. cap. 2. pag. 336. 337. 338.
339. 340. See also Britton fol.
73. a. cap. Des pledges & main­
pernours: the author of the Myr­
ror of Iustices saith, that pled­
ges bee those, that bayle or
redeeme any thing but the bo­
dy of a man, and that main­
pernours be those, that free the
body of a man. And that pled­
ges therefore belong properly
to reall and mixt actions, and
mainpernours to personall. 

Maintenance (manutentio vel
manutenentia) is a French word,
and signifieth an vpholding of a
cause or person, metaphorically
drawne from the succouring
of a young child, that learneth
to goe, by ones hand. In our
common lawe, it is vsed in the
euill part, for him, that secon­
deth a cause depending in suite
betweene others, either by len­
ding of mony, or making friends
for either partie, toward his help.
anno 32. Henr. 8. cap. 9. And
when a mans act in this kinde
is by lawe accounted Mainte­









nance, and when not, see Broke,
titulo Maintenance: and Kitchin,
fol. 202. & seqq. and Fitz. nat.
br. fol. 17 2. and Cromptons Iuris­
dict. fol. 38. The writ that lyeth
against a man for this offence,
is likewise called Maintenance.
Termes of the lawe. verb. Main­
tenance. Speciall maintenance
Kitchin, fol. 204. seemeth to bee
maintenance most properly so
tearmed. Of this see Cromptons
Iustice of peace. fol. 155. b. and
the new booke of Entries. verbo,
Maintenance. Maintenance, vid.
Nouos terminos Iuris. 

Make (facere) signifieth in the
common lawe, to performe or
execute: as to make his lawe, is
to performe that lawe which he
hath formerly bound himselfe
vnto, that is, to cleare himselfe
of an action commenced against
him by his oath, and the oathes
of his neighbours. Old nat. br. fol.
161. Kitchin fol. 192. which
lawe seemeth to be borowed of
the Feudists, who call these men
that come to sweare for ano­
ther in this case, Sacramentales.
O f whom thus saith Hotoman in
verbis fendal. Sacramentales a sa­
cramento i. iuramento dicebantur
ii, qui quamuis rei, de qua ambige­
batur, testes non fuissent, tamen ex
eius, cuius res agebatur, animi sen­
tentia, in eadem quæ ille verba iu­
rabant: illius vide licet probitate &
in nocentia confisi. Nam tum demum
adhibebantur, cùm testes nulli extæ­
rent. See the rest. The formall
words vsed by him that maketh
his lawe, are commonly these.
Heare O ye Iustices, that I doe
not owe this summe of money
demaunded, neither all nor any
part thereof, in maner and forme
declared, so helpe me God, and
the contents of this booke. To
make seruices or custome, is no­
thing else but to performe them.
Old. nat. br. fol. 14. To make
oath, is to take an oath. 

Maletent , in the Statute cal­
led the Confirmation of the li­
berties of &c. anno 29. Ed. prim.
cap. 7. is interpreted to be a
tolle of 40. shillings for euery
sacke of wooll. Stow in his An­
nals calleth it a Maletot. pag. 461
See also the Statute (de tallagio
non concedendo) an. 34. eins. stat. 5. 

Malin. See Marle.

Manbote signifieth a pecunia­
ry compensation for killing of a
man. Lambard in his exposition
of Saxon words verbo Æstima­
tio. Of which reade Roger Houe­
den also, in parte poster. suorum an­
nal. fol. 344. a. b. 

Mandamus , is a writ, that ly­
eth after the yere and day, wher­
as in the meane time the writ cal­
led (diem clausit extremum) hath
not bene sent out to the Exchea­
tour, for the same purpose, for
the which it should formerly
haue bene sent forth. Fitzh. nat.









br. fol. 253. B. See Diem clausit
extremum. Mandamus is also a
charge to the shyreeue, to take
into the kings hands, all the lands
and tenements of the kings wi­
dowe, that against her oath for­
merly giuen, marieth without the
kings consent. Register. fol. 295.
b. See Widow. 

Mandatum , is a commaund­
ment iudiciall of the king or his
Iustices, to haue any thing done
for the dispatch of iustice, wher­
of you shall see diuersity in the
table of the Register iudiciall.
verbo Mandatum. 

Maner (Manerium) seemeth
to come of the French (manoir. i.
domicilium, habitatio) M. Skene. de
verbo, significatione, verbo Maneri­
um , saith it is called Manerium,
quasi Manurium , because it is la­
boured with handy worke by
the Lord himselfe. It signifieth
in our common law, a rule or go­
uernment, which a man hath ouer
such as hould land within his
fee. Touching the originall of
these maners, it seemeth that in
the beginning, there was a cer­
taine compasse or circuit of
ground, graunted by the king vn­
to some man of worth (as a Ba­
ron or such like) for him and his
heires to dwell vpon, and to ex­
ercise some iurisdiction more or
lesse within that compasse, as he
thought good to graunt, per­
forming him such seruices, and
paying such yearely rent for the
same, as he by his graunt requi­
red: and that afterward this great
man parcelled his land to other
meaner men, inioyning them a­
gaine such seruices and rents, as
he thought good, and by that
meanes, as he became tenent to
the king, so the inferiours be­
came tenents vnto him. See Per­
kins Reseruations 670. and An­
drew Horns booke intituled the
mirrour of Iustices li. 1. ca. du. Roy
Alfred. See the definition of a
Maner. Fulb. fol. 18. And this
course of benefiting or reward­
ing their nobles for good ser­
uice, haue our kings borowed
from the Emperours of Rome,
or the Lombard kings, after they
had setled themselues in Italy , as
may well appeare by Antonius
Contius in methodo feudorum, c. i. de
origine, & libris Feudorum. And I
finde that according to this our
custome, all lands houlden in see
throughout Fraunce, are diui­
ded into Fiefz and arrierfiefz:
whereof the former are such as
are immediatly graunted by the
king, the second such as the kings
feudataries doe againe graunt to
others. Gregorii Syntagm. lib. 6. ca.
5. nu. 3. But the inconstancy of
mans estate, and the mutability
of time, hath brought to passe,
that those great men, or their po­
sterity, haue alienated these
Mansions and lands so giuen









them by their Prince, and others
that had none, haue by ther welth
purchased many of them: and a­
gaine that many for capitall
offences haue forfeited them to
the king, and that thereby they
still remaine in the crowne, or
are bestowed againe vpon o­
thers: so that at these daies ma­
ny be in the hands of mean men,
such as by their skill in lawe or
phisicke, by merchaundize, graz­
ing, or such other good husban­
dry, haue gathered welth, and
inabled themselues to purchase
them of those, that by discent
receiued them from their ancestors
in greater aboundance, then wit
to keepe them. But who so euer
possesseth these maners, the li­
berty belonging vnto them is
reall and prediall; and therefore
remaineth still, though the ow­
ners be changed. In these daies a
maner rather signifieth the iuris­
diction and royalty incorporeal,
then the land or site. For a man
may haue a maner in grosse (as
the law termeth it) that is, the
right and interest of a court Ba­
ron, with the perquisites thereun­
to belonging: and another or o­
thers haue euery foote of the
land thereunto belonging. Kit­
chin. fol. 4. Brooke hoc titulo per to­
tum. Bracton, lib: 4. ca. 31. nu. 3.
diuideth manerium, in capitale &
non capitale. See Bracton lib. 5.
tracta. 5. ca. 28. nu. pri. See Fee :
The new expositor of law terms
saith, that Manour is a thing
compounded of diuers things, as
of a house, land earable, pasture,
meadow, wood, rent, advouzen,
court Baron, and such like. And
this ought to be by long conti­
nuance of time, to the contrary
whereof mans memory cannot
discerne, &c. 

Mansion (Mansio) as Bracton
defineth it, lib. 5. cap. 2 8. nu. pri.
is a dwelling, consisting of one
or more houses without any
neighbour. And yet he graunteth
forthwith, that Mansio Mænsioni
possit esse vicinata. I finde it most
commonly vsed for the lords
cheife dwelling house within his
see, whether it haue neighbours
adioyning or not, otherwife cal­
led the capitall mesuage. Bracton.
li. 2. c. 26. or the cheife maner
place. Mansio amongst the aun­
cient Romans, was a place ap­
pointed for the lodging of the
Prince or souldiers in their iour­
ney, furnished with conuenient
entertainement by the neigh­
bours adioyning. And in this
sence we reade primam mansio­
nem , for the first nights lodging,
and so in order. It is probable
that this word (Mansion) doth in
some construction signifie so
much land, as Beda calleth fami­
liam in his ecclesiasticall history.
For Master Lambert in his ex­
plica. of Saxon words, ver. Hida









terræ , saith, that that which
he calleth familiam , others
sithence call Manentem vel
Mansam. (Mansus and Mansum)
I reade of in the Feudists, which
as Hotoman saith, in verbis feuda­
libus, est neque domus, neque area,
neque hortus, sed ager certi modi ac
mensuræ. And againe, in Commen­
tarus feudorum, lib. p. tit. 4. vers. de
Manso. Agri deserti & inculti certa
mensura dabantur cultoribus quasi
in emphyteusin, vt culti & meliora­
ti, feudi iure a vasallis possiderentur.
In contractu autem vasalls non­
nunquam incrementum. i. meliorati­
onem omnem sibi recipiebant, siue
per culturam, siue per inædificatio­
nem ea melioratio fieret, &c. And
Cassanæus de consuet. Burg. pag.
1195. defineth it thus : Mansus est,
quantum quis cum vno pari boum
laborare possit. prouing it out of
Bartolus, in li. si ita. ϖ de auro &
argen. legato: in fine legis. Reade
M. Skene de verbo. sign. verbo
Mansus. I reade the latine word
(Mansia) in the same significati­
on, as namely in the charter
graunted by King Kanulphus to
Ruchin the abbot of Abingdon ,
which Sir Edward Cooke setteth
downe in his booke de iure Re­
gis ecclesiastico. 

Manslaughter (Homicidium)
 is the vnlawfull killing of a man,
without prepensed malice: as
when two, that formerly meant
no harme one to the other, meet
togither, and vpon some sodaine
occasion falling out, the one
killeth the other. West par. 2. symb.
titulo Inditements. sect. 4 4. It diffe­
reth from murder, because it
is not done with foregoing ma­
lice: & from chauncemedly, be­
cause it hath a present intent to kill.
And this is felony, but admitteth
clergie for the first time. Stawnf.
pl. cor. lib. 1. cap. 9. and Brit­
ton ca. 9. It is confounded with
murder in the statute, anno 28.
Ed. 3. ca. 11. 

Mantyle (Mantile) commeth
of the French (Manteau) and
signifieth with vs a long roabe,
anno 2 4. Hen. 8. cap. 13. 

Manucaptio , is a writ that
lyeth for a man, who taken
for supition of felony, and offe­
ring sufficient Bayle for his ap­
pearance, cannot be admitted
thereunto by the Shyreeue, or
other hauing power to let to
mainprise. Fitzh. nat. br. fol. 249.
See Mainprise. How diuersly it is
vsed, see the Register originall , in
the table. manucaption in English

Manuel (Manualis) is a thing
whereof present profit may be
made. Stawnf. prærogat. fol. 54.
And a thing not manuell is
that, whereof no present profit
may be made, but hereafter,
when it falleth, ibid. 

Manumission (Manumissio) is a
freeing of a villein or slaue out
of his bondage. The forme of









this in the time of the Conque­
rour, M. Lamb. in hisαγχαμθνομὶα.
fol. 126. setteth downe in these
words: Si quis velit seruum suum
liberum facere, tradat eam vice­
comiti, per manum dexteram, in
pleno comitatu, & quietum illum
clamare debet à iugo seruitutis suæ
per manumissionem: & ostendat ei
liberas portas, & vias, & tradat illi
libera arma, scilicet lanceam &
gladium: & deinde liber homo effi­
citur. Some also were wont to
be manumitted by charter of
manumission. vide Brooke, titulo
Villenage fol. 305. The newe ex­
positour of lawe Termes ma­
keth two kinds of manumissi­
on: one expressed, an another
implied. Manumission expressed is,
when the Lord màketh a deede
to his villein to infranchise him
by this worde (Manumittere) The
maner of manumitting in old
time was thus: The Lord in pre­
sence of his neighbours tooke the
bondman by the head, saying.
I will that this man be free, and
therewith shoued him for­
ward out of his hands.
Manumission implied, is,
when the Lord maketh an
obligation for paiment of mo­
ny to him at a certaine day, or
sieweth him, where he might
enter without suite, or granteth
him an annuitie, or leaseth land
vnto him by deede, for yeeres, or
for life, and such like. 

Manutenentia , is the writ vsed
in case of maintenance, Register
originall, fol. 182. & 189. See
Maintenance.manutention in English

Marches (Marchia) be the
bounds and limits betweene vs
and Wales , or betweene vs and
Scotland. anno. 2 4. Henry 8. cap. 9.
Camd. pag. 453. & 606. and the
marches of Scotland are deuided
into west and midle marches
anno 4. H. 5. ca. 7. & anno 22.
Ed. 4. cap. 8. It seemeth to bee
borowed from the German
(March. i. limes) Camd. Britan.
pag. 27. or it may be from the
French (Marque. i. signum) being
the notorious distinction of
two diuers countries or territo­
ries. It is vsed in the statute anno
24. Hen. 8. ca. 12. generally for
the precincts of the Kings do­
minions. 

Marchers , be the noble men
dwelling on the Marches of
Wales or Scotland. who in times
past (as M. Camden saith, pag.
453.) had their priuate lawes,
much like as if they had beene
Kings, which now be worne out.
Of these Marchers you may
reade, anno 2. H. 4. cap. 18. & an­
no 26. Hen. 8. cap. 6. & anno 1. Ed.
6. cap. 10. where they are called
Lord Marchers. See anno 2 7.
Hen. 8. cap. 26. howe these were
extinguished. 

Mareshall (Mariscallus) is a
French word, signifying as much









as Tribunus Celerum , or Tribunus
militum with the auncient Ro­
manes, orΠολέμαγχο with the
Grecians, orἲππαχος. Tiraquel. de
Nobilitate, ca. 8. p. 42. nu. 17. The
french word may seeme also (a­
mong many other that they
haue, to proceede from the Ger­
man Marschalk. i. equitum magi­
ster. which Hotoman in verbis feu­
dalibus, verbo Marschalkus , deri­
ueth from the old word (March)
signifiing a house, with whome
agreeth Lupanus, de Magistrati­
bus Franciæ, lib. pri. ca. Marcshal­
lus Others make it of these two
Saxon words. (Mar. i. equus and
scalch. i. præfectus) or as M. Verste­
gan saith, from (Mare) the gene­
rall appellation of all horses, as
(hors) is now in Englishe, and
(Scalc) which, in the auncient
language of the Netherlanders,
he affirmeth to signifie a kind of
seruant, as Scalco , doth at this
day among the Italians, being
originally a Dutch word. with vs
there be diuers officers of this
name: but one most noble of all
the rest, who is called Lord or
Earle Marshall of England,
of whome mention is made
in diuers statutes, as anno.
1. H. 4. ca. 7. & 14. & anno. 13.
Rich. 2. ca. 2. His office consisteth
especially in maters of warre
and armes, as well with vs as in
other countries. whereof you
may reade in Lupanus vbi supra.
and Tilius. li. 2. ca. de Conestabils ,
Mariscallo. &c. But he that will
knowe the office of our Lord
Marshall, had neede beside the
fewe statutes which concerne
him, to read his commission, and
also to haue acces to the Heralds,
who out of their antiquities are
able to discouer much, that
by prescription belongeth vn­
to this office. The next to this is
the Marshal of the Kings house,
whose especiall authoritie is, ac­
cording to Britton and M. Gwin
in the preface to his reading, in
the Kings place to heare and
determine all plees of the
Crowne, and to punish faults
committed within the verge, &
to heare and determine suites
betweene those of the kings
houshold, and others within the
verge. Cromptons Iurisdict. fol. 102.
of him you may reade Fitzh.
nat. br. fol. 241. B. and anno. 18.
Ed. 3. statut. 2. ca. 7. & anno 27.
Ed. 3. stat. 2. c. 6. & an. 2. H. 4. c. 23.
& a. 15. H. 6. c. 1. Fleta saith, that
the office of the Marshall of the
kings house belongeth to the
Earle of Northf. in fee, and that
he may appoint (with the Kings
consent) a Knight vnder him to
execute the office. which office
he also describeth to be especi­
ally to execute the iudgements
& decrees of the Steward, & to
haue the keeping of the priso­
ners. li. 2. cap. 4. and read farder
of his office in the 5. chapter









of the said booke, which is to
dispose of the Lodging in the
Kings houshold vnder the
Chamberlaine, and to cleere the
Verge of strumpets, &c. anno 5.
Hen. 3. statut. 5. Then be there
other inferiour officers of this
name: as Marshall of the Iusti­
ces in Eyre, anno 3. Ed. 1. ca. 19.
Marshall of the Kings bench,
anno 5. Ed. 3. ca. 8. and this is he
which hath the custodie of the
prison, called the Kings bench
in Southwarke. Fitzh. nat. br. fol.
251. I. And these inferiour Mar­
shalls be either ad placuum , or
in fee, Kitchin. fol. 143. I finde also
in Fleta li. 2. ca. 15. mention of a
Marshall of the Kings hall,
whose office is, when the tables
be prepared and clothes laide, to
call out both those of the hous­
hold and straungers, according
to their worth, and decently to
place them, to reiect vnworthy
persons, to knowe the number
of the hall, and to testifie it at
the next accompt, to see dogs
kept out, to saue the almes from
filching, to see silence kept, and
euery man competently serued
with meate and drinke, and
when the courte remoueth, to
appointe euery one of the hous­
hold his lodging. There is also
a Marshall of the eschequer, an­
no. 51. H. 3. sta. 5. to whome the
courte committeth the custody
of the kings debters during the
terme time, to the end they may
be farder imprisoned, if they
cleere not their debts. He also
assigneth Shyreeues, escheators,
customers, and collectors, their
auditours before whome they
shall accompt. He hath all inqui­
sitions taken before escheators
virtute officii , deliuered vnto him,
to be deliuered by him to the
treasurers Remembrancer. 

Mareshalsee (Marescaltia) is the
Court of the Marshall or (word
for word) the seate of the Mar­
shall, of whome see Cromptons Iu­
risdict. fol. 102. It is also vsed for
the prison in Southwarke, the
reason whereof may be, because
the Marshall of the kings house
was wont perhaps to sit there in
iudgment. See the statute anno
9. R. 2. cap. 5. & anno 2. Hen. 4.
ca. 2 3. 

Martiall lawe , is the law that
dependeth vpon the voice of the
king, or the kings leiuetenent in
warres. For how be it, the king
for the indifferent and equall
temper of lawes to all his sub­
iects, doe not in time of peace
make any lawes but by the con­
sent of the three estates in Par­
lament: yet in warres by reason
of great daungers rising of small
occasions, he vseth absolute pow­
er: in so much as his word goeth
for law. And this is called Marti­
all law. Smith de repub: Angli: li.
2. c. 3. See Law of armes.









Mariage (Maritagium) signi­
fieth not onely the coupling to­
gether of man and wife, but also
the interest of bestowing a ward
or a widow in mariage. Magna
charta, ca: 6. anno 9. He. 3. and
Bracton lib. 2 ca. 3. and also it
signifieth land giuen in mariage,
Bracton li. 2. ca. 34. & 39. And
in this signification the same au­
thour saith, that Maritagium est
aut liberum aut seruitio obligatum.
li. 2. ca. 7. nu. 3. & 4. Liberum
maritagium dicitur, vbi donator
vult, quòd terra sic data, quieta sit
& libera ab omni seculari serui­
tio, quod ad Dominum feudi possit
pertinere: et ita quòd ille, cui sic da­
ta fuerit, nullum omninò inde faciat
seruitium vsque ad tertium hæredem,
& vsque ad quartum gradum: ita quòd
tertius heres sit inclusivus. See the
rest. See also Skene de verbo. signi­
ficatione, verbo Maritagium , who is
worth the reading. 

Maritagio amisso per defaltam ,
 is a writ for the tenent in frank
mariage, to recouer lands, &c.
whereof he is deforced by
another. Regist. fol. 171. 

Maritagio forisfacto , is a writ.
See Forisfactura Maritagii.

Marke, (merca) commeth of
the Saxon (Mearc) which sig­
nifieth a peece of mony worth
thirty siluer pence. Lamb. ex­
plicat. of Saxon words. verbo ,
Mancusa: what it now signifieth
in our coyne euery man know­
eth. But in auncient times I find
a merke of gold, which was
the quantitie of eight ounces.
Stowes annals. pag. 32. and againe,
pag. 691. 12. merkes of golde
Troy weight, the which was
200. pounds of English mony,
after which rate euery merke va­
lued 16. pounds, 13. shillings, 4.
pence. M. Skene de verbor. signific.
verbo, Merke. saith, that in tra­
ctatu de ponderibus & mensuris , a
Mercke signifieth an ounce
weight, or halfe a pound, wher­
of the dramme is the eighth part,
like as the ounce is the eighth
part of a marcke: citing Cassa­
næus de consuet. Burgund. Rub.
prim. §. 7. verbo. Solz Turnoys.
hiis verbis. Solidus (inquit) in iure
capitur pro auro, quorum 72. faci­
unt libram auri, & duodecim vnciæ
faciunt libram, & octo vnciæ mercam. 

Market (mercatus) commeth
of the French (marche. i. empo­
rium, forum nundinarium) it signi­
fieth with vs, the same thing,
and also the liberty or priuiledge
whereby a towne is enabled to
keepe a market. Old nat. br. fol.
149. So doth Bracton vse it, lib.
2. cap. 24. num. 6. & lib. 4. cap.
46. where he sheweth, that one
market ought to bee distant
from another sex leucas & di­
midiam, & tertiam partem dimidiæ.
The reason thereof both he and
Fleta giueth in these wordes :
Quia omnes rationabiles dietæ con­









stant ex 20. milliaribus. Diuidatur
ergo dieta in tres partes: prima autem
matutina detur euntibus versus
morcatum: secunda detur ad emen­
dum & vendendum: quæ quidem
sufficere debet omnibus, nisi sint forte
mercatores statari qui merces depo­
suerint & exposuerint venales, qui­
bus necessaria erit prolixior mora in
mercatu: & tertia pars relinquitur
redeuntibus de mercatu ad propria.
Et quæ quidem omnia necesse erit
facere de die, non de nocte, propter
insidias & incursum latronum, vt
omnia sint in tuto, &c. lib. 4. cap.
28. §. Item refert. 

Marle , is a kind of stone or
chalke, which men in diuers
countries of this Realme, cast
vpon their land to make it the
more fertile. It is some where
called Malin. anno 17. Edvard. 4.
cap. 4. 

Marque , seemeth to bee a
French word signifying notam,
vel signum , or else to come from
the German (march. i. limes) it
signifieth in the auncient statutes
of our land, as much as repri­
sals, as anno 4. H. 5. cap. 7. Mar­
ques and Reprisals are vsed as
Synonyma. And leters of Mar­
que are found in the same sig­
nification in the same chapter.
The reason may be, because
the griefes wherevpon these le­
ters are sought and graunted, are
commonly giuen about the
bounds and limits of euery con­
trey: or at least the remedie for
the same is likest there to bee
had by some sodaine inrode, &
happing of such recompence of
the iniurie receiued, as may most
conueniently be lighted vpon.
See  Reprisals. See Marches.

Marquis (Marchio) by the o­
pinion of Hotom. verbo Marchio,
in verbis feudalibus , commeth of
the German March. i. limes , signi­
fiing originally as much as (Cu­
stos limitis) or (Comes & præfectus
limitis) of these Zasius thus wri­
teth: de Marchione nihil compertum
est, nisi quod Gothicum vocabulum
putamus. And afterward thus:
Huiusmodi Marchionum (siue vt
nos appellamtis) Margraphiorum o­
rigo in limitaneos, præpositos, siue
duces referenda: Margraphii dicti
quòd limitibus, quos vulgò marken
appellamiis, graphii, id est præposits
fuerunt, &c. For in those terito­
ries, that haue naturally noe
bounds of great strength or de­
fence, there is neede of wise and
stout men toward their borders,
for the keeping out of reigh­
bour enemies. But here in En­
gland though we haue a Lord
warden of the marches north­
ward, and a warden of the cin­
que ports toward the south cast,
and were wont to haue Lo. Mar­
chers between vs and Wales, that
serued this turne, yet those which
we call Marquises, are lords of
more dignity, without any such









charge: and are in honour and
accompt next vnto Dukes. At
this day I know but one in Eng­
land, and that is the Marquis of
Winchester , being of that noble
familie of the Powlets. See Cassa­
næus de consuetud. Burg. pag.
15. 

Marrow , was a lawyer of great
accompt, that liued in Henry the
seuenth his daies, whose learned
readings are extant, but not in
print. Lamb. Eiren. li. pri. cap. 1. 

Marterns , see Furre.

Master of the Rols (Magister
rotulorum) is an Assistant vnto the
Lord Chauncelour of England
in the high court of Chauncery,
and in his absence heareth cau­
ses there, and giueth orders.
Crompt. Iurisd fol. 41. His title in
his patent (as I haue heard) is
Clericus paruæ, bagæ, custos rotulo­
rum & domus conuersorum. This
domus conuersorum , is the place
where the rols are kept, so cal­
led because the Iewes in aunci­
ent times, as they were any of
them brought to christianity,
were bestowed in that house se­
paratly from the rest of their
nation. But his office seemeth o­
riginally to haue sprong, from
the safe keeping of the Roules
or records of inditements passed
in the kings courts, and many
other things. He is called clerke
of the rols, anno 12. R. 2. ca. 2.
and in Fortescue his booke, cap.
2 4. and no where master of the
rols, vntil anno 11. Hen. 7. cap. 2 0.
and yet anno 11. eiusdem, cap. 25.
he is also called clerk. In which
respect, Sir Thomas Smith, li. 2. ca.
1 0. de Repub. Angl. well saith
that he might not vnfitly be cal­
led (Custos Archiuorum). He see­
meth to haue the bestowing of
the offices of the sixe clerks. an­
no 14. & 15. Hen. 8. cap. 8. 

Master of the mint, anno 2.
Hen. 6. cap. 14. he is now called
the Warden of the mint, whose
office, see in Mint.

Master of the court of Wards
and Liueries , is the cheise and
principall officer of the court of
wards and liueries, named and
assigned by the king, to whose
custodie the seale of the court is
committed. He at the entring
vpon his office, taketh an oath
before the Lord Chauncelour of
England, well and truly to serue
the King in his office, to mini­
ster equal iustice to rich & poore,
to the best of his cunning, witte,
and power, diligently to procure
all things, which may honestly
and iustly be to the kings aduan­
tage and profit, and to the ang­
mentation of the rights and pre­
rogatiue of the crowne, truly to
vse the kings seale appointed to
his office, to endeauour to the vt­
tennost of his power, to see the
king iustly aunswered of all such
profits, rents, reuenewes, and









issues, as shall yearely rise, grow,
or be due to the king in his office
from time to time, to deliuer
with speed such as haue to do
before him, not to take or re­
ceiue of any person any gift or
reward in any case or mater de­
pending before him, or wherein
the king shall be party, where­
by any preiudice, losse, hinde­
rance, or disherison shall be or
grow to the king, a. 3 3. H. 8. c. 33. 

Master of the horse , is he that
hath the rule and charge of the
kings stable, being an office of
high accompt, and alwaies be­
stowed vpon some Noble man
both valiant and wise. This
Officer vnder the Emperours
of Rome, was called (comes sacri
stabuli.) The Master of the horse
is mentioned. anno 39. Eliz. cap.
7. & anno prim. Ed. 6. cap. 5. 

Master of the posts , is an Offi­
cer of the Kings court, that hath
the appointing, placing, and
displacing of all such through
England , as prouide post horse
for the speedie passing of the
kings messages and other bu­
sinesse, in the through-fayre
townes where they dwell: as also
to see that they keepe a certaine
number of conuenient horses of
their owne, and when occasion
is, that they prouide others,
wherewith to furnish such, as
haue warrant from him to take
post horses, either from or to the
seas, or other borders, or places
within the Realme. He likewise
hath the care to pay them their
wages, and make their allowance
accordingly, as he shall thinke
meete. This officer is mentio­
ned, anno 2. Ed. 6. cap. 3. 

Master of the armorie , is he
that hath the care and ouersight
of his Maiesties armour for his
person or horses, or any other
prouision or store thereof in any
standing Armories: with com­
mand, and placing or displacing
of all inferiour Officers there­
unto appertaining. Mention
is made of him. anno 39. E­
liz. eap. 7. 

Master of the Iewel house , is an
Officer in the Kings houshould,
of great credit, beeing allowed
bouge of court, that is, diet
for himselfe and the inferiour
Officers. viz Clerks of the Iewell
house, and a speciall lodging or
chamber in court, hauing charge
of all plate of gold, of siluer dou­
ble or parcell guilt, vsed or occu­
pied for the Kings or Queenes
board, or to any Officer of ac­
compt attendant in court, and of
all plate remaining in the Tower
of London , of cheynes and
loose Iewels not fixed to any
garment. Mention is made of
this Officer. anno 39. Eliz. cap. 7. 

Master of the Kings houshould,
(magister hospitii) is in his iust ti­
tle called grand Master of the









Kings houshould, and beareth
the same office that he did, that
was wont to be called Lord Ste­
ward of the kings most hono­
rable houshould. anno 32. H. 8. ca.
39. Whereby it appeareth, that
the name of this Officer was
then chaunged, and Charles
Duke of Suffolke, President of
the Kings Counceil, then en­
ioying that office, was so to
be called euer after, so long
as he should possesse that of­
fice. 

Master of the Ordinance. anno
39. El. cap. 7. is a great Officer, to
whose care all the Kings Ordi­
nance and Artillerie is commit­
ted, being some great man of
the Realme, and expert in mar­
shall affaires. 

Master of the Chauncery (Ma­
gister Cancellariæ) is an assistant
in Chauncerie to the Lord
Chaunceler or Lord Keeper of
the broad seale in maters of
iudgement. Of these there be
some ordinarie, and some extra­
or dinarie: of ordinarie there be
twelue in number, whereof
some sit in court euery day
thorough each Terme, and haue
committed vnto them (at the
Lord Chauncelers discretion)
the interlocutorie report, and
sometimes the finall determina­
tion of causes there depen­
ding. 

Master of the Kings musters , is a
martiall officer in all royall ar­
mies most necessarie, as well for
the maintaining of the forces
complete, well armed and trei­
ned, as also for preuention of
such fraudes, as otherwise may
exceedingly waste the Princes
treasure, and extreamly weaken
the forces. He hath the ouersight
of all the captaines and bands,
and ought to haue at the begin­
ning deliuered vnto him by
the Lord Generall, perfect
lists and rolles of all the forces
both horse and foot, Officers,
&c. with the rates of their allow­
ances signed by the Lord Ge­
nerall, for his direction and dis­
charge, in signifying warrants
for their full pay. This Officer is
mentioned in the statue, anno 2.
Ed. 6. cap. 2. and Muster master ge­
nerall, anno 35. Eliz. cap. 4. who
so desireth to reade more of him
let him haue recourse to Master
Digs his Stratioticos. 

Master of the Wardrobe (magi­
ster garderobæ) is a great and
principall officer in Court, ha­
uing his habitation and dwel­
ling house belonging to that of­
fice, called the Wardrobe neere
P uddle-wharfe in London. He
hath the charge and custodie of
all former Kings and Queenes
auncient robes, remaining in the
Tower of London , and all han­
gings of Arras, Tapestrie, or the
like, for his Maiesties houses,









with the bedding remaining in
standing wardrobes, as Hampton
court, Richmond, &c. He hath also
the charging and deliuering out
of all either Veluet or Scarlet al­
lowed for liueries, to any of his
Maiesties seruants of the priuie
chamber, or others. Mention is
made of this officer. anno. 39.
Eliz. ca. 7. 

Mater in deede, and mater of
record , are said to differ. old. nat.
br. fol. 19. where mater in deede,
seemeth to be nothing else, but a
truth to be prooued, though not
by any Record: and mater of
Record, is that which may be
proued by some Record. For
example, if a man be siewed to
an exigent, during the time he
was in the kings warres, this is
mater in deede, and not mater
of record. And therefore (saith
the booke) he that will alledge
this for himselfe, must come,
before the Scire facias for execu­
tion be awarded against him
For after that, nothing will serue
but mater of Record; that is,
some errour in the processe ap­
pearing vpon the Record. Kit­
chin fol. 216. maketh also a dif­
ference betweene mater of Re­
cord, and a specialitie, and nude
mater; where he saith, that nude
mater is not of so high nature,
as either a mater of Record or
a speciality, otherwise there cal­
led mater in deede; which ma­
keth mee to thinke, that nude
mater is a naked allegation of
a thing done, to be proued only
by witnesses, and not either by
Record, or other speciality in
writing vnder seale. 

Mauger , is shuffled vp of two
French words (Mal) and (Gre) id
est, animo iniquo) it signifieth
with vs as much as in despight,
or in despight of ones teeth. as
the wife mauger the husbande,
Litleton fol. 124. that is, whether
the husband will or not. 

Meane (Medius) signifieth the
middle betweene two ex­
treames, and that either in time
or dignitie. Example of the
first: His action was meane be­
twixt the disseisin made to him
and his recouerie: that is in the
interim. Of the second there is
Lord Meane and Tenent. See
Mesn.

Mease (Mesuagium) seemeth
to come of the French (Maison)
or rather (Meix) which word I
finde in Cassanæus de consuetu.
Burgund. pag. 119 5. and interpre­
ted by him Mansus: what Mansus
is, see Mansion. It signifieth a house.
Kitchin fol. 239. and Fitzh. nat. br.
fol. 2. C. See Mesuage. 

Medlefe. Cromptons Iustice of
peace, fol. 193. is that which Bra­
cton calleth (medletum) li. 3. tract.
2. ca. 35. It seemeth to signifie
quarels, scuffling, or brawling, &
to be deriued from the French









(mester). i. miscere, turbare. not in OED as headword

Meere (Merus) though an A­
diectiue, yet is it vsed for a sub­
stantine, signifiing meere right.
Owld nat. br. fol. 2. in these
words. And knowe yee, that
this writte hath but two issues:
that is to say, ioyning the mise
vpon the meere: And that is, to
put himselfe in the great assise
of our Souerainge Lord the
King, or to ioyne battell. See
Mise. 

Mesurement. See Admesure­
ment. 

Medietas linguæ , signifieth an
enquest empaneled vpon any
cause, wereof the one halfe con­
sisteth of Denizens, the other
of straungers. It is called in
English the halfe tongue, and
is vsed in plees, wherein the
one party is a straunger, the o­
ther a denizen. See the statute,
anno 28. Ed. 3. ca. 13. &. anno , 27.
eiusdem, statu: 2. ca. 8 commonly
called the statute of the Staple.
& anno. 8. H. 6. ca. 29. & anno. 2.
He. 5. ca. 3. & anno. 11. He. 7. ca.
21. &. anno. 1. &. 2. Phi. &. Mar.
ca. 8. And before the first of these
statutes was made, this was
wonte to be obteined of the
King by graunt made to any
company of straungers, as Lom­
bards, Almaines, &c. Stawnf. pl.
cor. lib. 3. ca. 7. 

Medio acquietando , is a writ
iudiciall, to distraine a lord for
the acquiting of a meane Lord
from a rent, which he formerly
acknowledgeth in court not to
belong vnto him. Register iudici­
all, fol. 29. b. 

Melius inquirendo , is a writ that
lyeth for a second inquiry, as
what lands and tenements a
man dyed seised of, where parti­
all dealing is suspected vpon the
writ, Diem clausit extremum.
Fitzh. nat. br. fol. 255. 

Merchenlage , was one of the
three sorts of lawes, out of which
the Conquerour framed lawes
vnto vs, mingled with those of
Normandy. Camd. Britan. pag. 94.
who also, pag. 103. sheweth that
in the yeare of our lord 1016.
this land was diuided into
three parts, whereof the west
Saxons had one, gouerning it by
the lawes called West Saxon
lawes, and that conteined these
nine shyres, Kent, Southsex, South­
rey, Barkeshire, Hamshire, Wil­
shire. Somerset, Dorset and Deuon­
shire. the second by the Danes ,
which was gouerned by the
lawes called Denelage, and that
conteined these fifteene shires,
Yorke, Darby, Notingham, Leyce­
ster, Lincolne, Northampton, Bed­
ford, Buckingham, Hertford, Essex ,
Midlesex, Northf. Southf. Cam­
bridge, Huntington. The third was
possessed and gouerned by the
Mercians , whose lawe was called
Merchenlage. which were these









eight, Glocester, Worcester, Here­
sord, Warwicke, Oxenford, Chester,
Salop , and Stafford. See Lawe.

Mercy (Misericordia) signifi­
eth the arbitrement or discretion
of the King or Lord, in punish­
ing any offence, not directly cen­
sured by the law. As to be in the
grieuous mercie of the king.
anno 11. H. 6. cap. 6. is to be
in hazard of a great penaltie.
See Misericordia.

Measondue, (domus Dei) com­
meth of the French (maison de
dieu) by which names diuers
Hospitals are named. You find
the word, anno 2. & 3. Philip. &
Mar. cap. 23. in fine. 

Mese , See Mease.

Mesn (medius) seemeth to
come from the French (mains­
ne. i. minor natu) it signifieth in
our common lawe, him that
is lord of a maner, and there­
by hath tenents holding of
him, yet holding himselfe of
a superiour Lord. And there­
fore it seemeth not absurdly to
be drawne from the French
(mainsnè) because the Lord­
ship is created after the high­
er, whereof he holdeth.
Mesn also signifieth a writ, which lyeth
where there is Lord, mesn, and
tenent, the tenent holding of
the mesn by the same seruices,
whereby the mesn holdeth of
the Lord, and the tenent of the
mesn is distrained by the superi­
our lord, for that his seruice
or rent, which is due to the
mesn. Fitz. nat. br. fol. 135. See
Mesnaltie.

Mesnaltie (medietas) commeth
of Mesn, and signifieth nothing
but the right of the mesn: as, the
mesnaltie is extinct. old nat. br.
fol. 44. if the mesnalty descend
of the tenent. Kitchin fol. 147.
For farder vnderstanding wher­
of, take these words out of the
Custumarie of Norm. Medietate
tenentur feuda, quando aliqua
persona intervenit inter Dominum
& tenentes. Et hoc modo tenent om­
nes post nati, mediante ante nato. 

Messenger of the Exchequer , is
an Officer there, of which sorte
there be foure in that court, that
be Pursuyvants attending the
lord Treasurer, to cary his leters
and precepts. See  Pursuyvant.

Mesuage (mesuagium) is a dwel­
ling house. West part. 2. symbol.
titulo. Fines. sect. 26. But by the
name of a mesuage may passe al­
so a Curtilage, a garden, an or­
chard, a doue house, a shoppe, a
mill, as parcell of an house, as he
himselfe confirmeth out of Bra­
cton. lib. 5. cap. 28. sect. prim. and
Plowden fol. 199. 170. 171. and
of himselfe he auoucheth the
like of a cotage, a toft, a cham­
ber, a celler, &c. yet may they
be demaunded by their single
names. Mesuagium in Scotland,
signifieth the principall dwelling









place or house within a Barony,
which in our land is called a
maner-house. Skene de verb. sig­
nificat. verbo , Mesuagium , where
he citeth Valentine Leigh , that
in his booke of Suruey he affir­
meth Mesuaigium to be the tene­
ment or land earable, and the
dwelling house or place, or court
hall thereof, to be called the site,
in Latine called Situs. 

Mile (milliare) is a quantitie of
a thousand paces, otherwise de­
scribed to containe eight fur­
longs, and euery furlong to con­
teine forty lugs or poles, and e­
uery lugge or pole to containe
16. foote and a halfe. anno 35.
El. cap. 6. 

Mildernix. anno 1. Iacob. cap.
2 4. 

Mindbruch , is hurting of ho­
nour and worship. Saxon in his
description of Engl. cap. 71. 

Miniuer. See Furre.

Minouery. anno 7. R. 2. cap. 4.
seemeth to be compounded of
two French words (main. i. manus
and (ouvrer. i. operari) and to sig­
nifie some trespasse or offence
committed by a mans handie
worke in the Forest, as an engyn
to catch Deere. Britton vseth the
verbe (Meinovorer) for to occu­
pie and manure land. cap 40. and
cap. 62. main-ovre , for handy­
worke. It is not vnlike, that our
English (manure) is abbreuiated
of the French. 

Mint , commeth of the Ger­
mane word, (meunk. i. pecunia,
moneta) and it signifieth with vs,
the place where the kings coyne
is formed, be it gold or siluer,
which is at this present, and
long hath bene, the Tower of
London, though it appeare by
diuers stories, and other antiqui­
ties, that in auncient times the
mint hath bene also at Caleis, an.
21. R. 2. cap. 16. & anno 9 Hen.
5. stat. 5. cap. 5. The Officers be­
longing to the mint, haue not
bene alwaies alike. At this
present they seeme to be these:
The Warden, who is the chiefe
of the rest, and is by his office to
receiue the siluer of the Gold­
smiths, and to pay them for it,
and to ouersee all the rest belon­
ging to this function. His fee is an
hundred pounds per annum. The
master-worker, who receiueth
the filuer from the Warden, cau­
seth it to be melted, and deliue­
reth it to the moniers, and ta­
keth it from them againe, when
it is made. His allowance is not
any set fee, but according to the
pound weight. The third, is the
Controller, who is to see that the
mony be made to the iust assise,
to ouersee the officers, and con­
troll them, if the money be not
as it ought to be: his fee is 100.
merkes per annum. Then is the
Master of the Assaye, who
weigheth the siluer, and seeth









whether it be according to stan­
dard: his yerely fee is also an
hundred merkes. Then is the
Auditour to take the accompts,
and make them vp Auditor-like.
Then is the Surueyor of the mel­
ting, who is to see the siluer cast
out, and not to be altered after
it is deliuered to the melter:
which is after the Assay-master
hath made triall of it. Then is
the Clerke of the Irons, who
seeth that the Irons be cleane,
and fit to worke with. Then
the Grauer, who graueth the
stampes for the monies. Then
the Smyters of Irons, who after
they be grauen, smiteth them v­
pon the money. Then the Mel­
ters, that melt the Bullion, be­
fore it come to the coyning. Then
the Blanchers, who do aneale,
boyle, and cleanse the money.
The Porter, who keepeth the
gate of the mint. The Prouost of
the mint, who is to prouide for
all the monyers, and to ouer­
see them. Lastly, the monyers,
who are some to sheere the mo­
ney, some to forge it, some to
beate it abroade, some to round
it, some to stampe or coyn it.
Their wages is not by the
day or yeare, but vncertaine,
according to the waight of the
money coyned by them. Other
officers that haue bene in former
time, are said nowe to bee out
of vse. 

Misauenture , or misaduenture ,
 commeth neere the French (mes­
aduenture. i. infortunium.) In our
common law, it hath an especi­
all signification for the killing
of a man, partly by negligence,
and partly by chaunce. As if one
thinking no harme, dissolutely
throweth a stone, where with he
killeth another: or shooteth an
arrow, &c. For in this case he
committeth not felony, but one­
ly looseth his goods, and hath
pardon of course for his life.
S tawn. pl. cor. li. 1. ca. 8. Britton ca.
7. distinguisheth betweene A­
uenture and misauenture. Auen­
ture he maketh to be meere
chaunce, as if a man being vpon
or neere the water, be taken with
some sodaine ficknes, and so fall
in, and is drowned, or into the
fire, and be burned to death.
Misauenture he maketh, where a
man commeth to his death by
some outward violence, as the
fall of a tree, or of a gate, the
running of a cartwheele, the
stroke of a horse, or such like. So
that misauenture in Stawnfords opi­
nione , is construed somewhat
more largely, then Britton vnder­
standeth it. West parte. 2. Symbol.
titulo Inditement, sect. 4 8. maketh
homicide casuall, to be meerely
casuall or mixt. Homicide by
meere chaunce, he defineth sect.
49. to be, when a man is slaine
by meere fortune, against the









minde of the killer; as if one hew­
ing, the axe flieth of the hafte,
and killeth a man. And this is all
one with Brittons misauenture. Ho­
micide by chaunce mixed he de­
fineth sect. 50. to be, when the
killers ignorance or negligence
is ioyned with the chaunce: as if
a man loppe trees by an high
way side, by which many vsually
trauell, and cast downe a bowgh
not giuing warning, &c. by
which bowgh a man passing by
is slaine. 

Miscontinuance , Kitchin fol
, 231. See Discontinuance.

Mise (misa) is a French word
signifiing as much as (expensum)
in latine, and the latine word
(Misa) is so vsed in Kitchin fol.
144. and in West. parte. 2. Simbol.
titulo , Proceedings in chauncery,
sect. 2 1. F. It is vsed anno 2. &
3. Ed. 6. ca. 36. for a somme of
mony paid by the Kings tenents
in certaine counties in Wales ac­
cording to their seuerall cu­
stomes. In the statute 33. H. 8.
ca. 1 3. it is vsed plurally, for cer­
taine custumary gratuities sent to
to the Lord Marchers of Wales ,
by their tenents, at their first
comming to their lands. And
anno 4. & 5. Phil. & Mar. ca. 11.
mise is vsed in an action of right
or property, for the point where­
upon the parties proceede to tri­
all, either by Assise or battaile: as
issue is in an action personall; if
the Mise be vpon battell. Litleton
fol. 10 2. and in the old nat. br. fol.
2. you haue these words. Know
yea that this writ hath but two
issues: that is to say, ioyning the
mise vpon the meere, and that is,
to put himselfe into the great
Assise of our soueraigne Lord
the King, or to ioyne battaile,
See anno 37. Ed. 3. ca. 16. To
ioyne the mise vpon the meere,
is as much to say, as to ioyne the
mise vpon the cleare right, and
that in more plaine terms is no­
thing else, but to ioyne vpon this
point, whether hath the more
right, the tenent or demaundant.
Litleton. li. 3. ca. 8. foll. 101. b.
This word in some other place is
vsed for a participle, signifiing as
much as (cast or put vpon) in en­
glish, which appeareth by S. Ed.
Cokes report in Saffins case. vol. 6.
fo. 124. a. 

Misericordia , is vsed in the
common law, for an arbitrary
punishment. Bracton li. 4. tracta.
5. ca. 6. in these words. Item si­
quis in misericordiam inciderit pro
disseisina, non remanebit misericor­
dia exigenda, si ille qui amiserit,
quæsiuerit conuictionem. Kitchin.
fol. 78. out of Glanuile saith thus,
Est autem misericordia, quia quis
per iuramentum legalium hominum
amerciatus est, ne aliquid de suo ho­
norabili contenemento amittat.
which saying you haue in a ma­
ner word for word in Glanvile,









lib. 9. cap. 11. Fitzherbert saith,
that it is called misericordia , be­
cause it ought to be very mo­
derate, and rather lesse then
the offence, according to the
tenure of the great charter. cap.
14. This saith Fitz. in his nat. br.
in the writ De moderata mise­
ricordia, fol. 75. A. I. Miseri­
cordia is to be quit of Mise­
ricors , that is, to be dischar­
ged of all maner of amerce­
ments, that a man may fall
into within the Forest. Cromp­
ton. Iurisd. fol. 1 96. See Amercia­
ment. See Mercy , and Moderata
misericordia. misericord in English

Miskenning. i. chaunging of
speech in court. Saxon in the des­
cription of Engl. cap. 11. 

Misnomer , is compounded of
the French (mes) which in com­
position alwaies signifieth as
much as (amisse) and (nomer. i.
nominare.) It signifieth in our
common lawe, the vsing of one
name for another, or mis-tear­
ming. Broke, titulo Misnomer. 

Misprision (Misprisio) commeth
of the French (Mespris. i. fastidium,
contemptus,) it signifieth in our
common lawe, neglect, or neg­
ligence, or ouersight: As for ex­
ample, Misprision of treason, or
of felony, is a neglect or light
accompt shewed of treason or
felony commited, by not reuea­
ling it, when we know it to be
committed; Stawnf: pl. cor. li. 1. ca.
19. which read at large: or by
letting any person committed
for treason or felony, or suspition
of either, to goe before he be in­
dited. Also Misprision of Clerks,
anno. 8. He. 6. ca. 15. is a neglect
of Clerks in wrighting, or kee­
ping records. Thirdly, anno. 14.
Ed. 3. ca. 6. statu. pri. by misprision
of Clerks no processe shalbe
admitted. Misprision of treason,
is the concealement, or not dis­
closing of knowne treason, for
the which the offendours are to
suffer imprisonment during the
Kings pleasure, loose their
goods, and the profits of their
lands, during their liues. Cromp­
ton in his Iustice of peace. cap.
Misprision of felony, fol. 40. West.
parte 2. symbol. titulo Inditements,
sect. 63. in fine. Misprision of felo­
nie, seemeth only finable by the
Iustices, before whome the
party is attainted. Crompton. Iustice
of peace, vbi supra. The Iustices of
the common place haue power
to assesse fines and amercia­
ments vpon persons offending
for misprisions, contempts, or
negligences, for not doing, or
misdoing any thing, in or con­
cerning fines. West parte 2. sym­
bol. titulo Fines. sect. 133. Iustices
of Assise shall amend the de­
saults of Clerks misprising of a
sillable or leter in writing. Cromp­
tons Iurisd. fol: 208. But it is to
be noted, that other faults may









be accompted misprisions of
treasons or felonie, because cer­
taine later statutes doe inflict
that punishment vpon them,
that of old hath beene inflicted
vpon misprisions. whereof you
haue an example. anno 1 4. El. ca.
3. of such as coine foreine coines
not current in this Realme, and
of their procurers, aiders, and
abetters. And see the newe ex­
position of lawe Termes. Mispri­
sion signifieth also a mistaking,
anno 14. Ed. 3. stat. pri. ca. 6. 

Misses , See Mise.

Misuser , is an abuse of libertie or
benefite: As, he shall make fine
for his misuser. old. nat. br. fol.
149. 

Mistery (mysterium) commeth
of the latine (Mysterium) or ra­
ther from the French (Mestier. i.
ars, artificium) an art or occupa­
tion. 

Mittendo manuscriptum pedis
finis , is a writ Iudiciall, directed
to the Treasurer and Chamber­
laines of the Exchequer, to
search and transmit the foote of
a fine, acknowledged before
Iustices in Eyre , into the com­
mon plees, &c. Register. fol. 14.
a. b. 

Mittimus , signifieth a precept
sent by the King out of his
Bench, to those that haue the
custodie of fines levied, that they
send them by a day assigned to
his Bench, West parte 2. symbol.
titulo Fynes. sect. 138. F. & 154.
B. and also to the Exchequer for
certificate that Iudgment is gi­
uen for the liuerie of lands to
such or such a one, out of the
Kings hands: whervpon he is dis­
missed also out of the exchequer,
a. 5. R. 2. c. 15. of diuers other v­
ses and applications of this (Mitti­
mus) see the Register originall
in the table of the booke. 

Moderata misericordia , is a writ
that lieth for him that is amer­
sed in court Baron or other, be­
ing not of Record, for any trans­
gression or offence beyond the
qualitie of a fault. It is directed
to the Lord of the court, or his
Bayliffe, commanding them to
take a moderate amerciament
of the party: and is founded vp­
on Magna charta, ca. 14. Quòd
nullus liber homo amercietur nisi
secundùm qualitatem delicti, &c.
The rest touching this writ, see
in Fitzh. nat. br. fol. 75. See Mise­
ricordia. 

Modo & forma , are words of
art in a processe, and namely
in the answer of the defendant,
wherby he denieth himselfe to
haue done the thing layde to
his charge, modo & forma decla­
rata. Kitch. fol. 232. It signifieth
as much, as that clause in the
ciuile lawe, Negat allegata, prout
allegantur, esse vera. 

Moitye , commeth of the
French (Moitie) id est, coæqua vel









media pars) and signifieth the
halfe of any thing, Litleton. fol.
125. 

Monks clothes, anno 20. Hen. 6.
cap. 10. 

Moniers (Monetaris) Register, ori­
ginal. fol. 2 62. b. & anno 1. Ed. 6. ca.
15. be ministers of the Mint,
which make and coine the
Kings mony. It appeareth by
some antiquity which I haue seen
that in auncient times our Kings
of England had mints in most
of the countries of this Realme.
And in the tractate of the Ex­
chequer, writen by Ockham , I
finde, that whereas the Shy­
reeues ordinarily were tyed to
pay into the Exchequer the
kings sterling, for such debts
as they were to answer, they of
Northumberland , and Cumber­
land , were at libertie to pay in
any sort of mony, so it were sil­
uer. And the reason is there
giuen, because those two shires,
monetarios de antiqua institutione
non habent. 

Monstrance de droyt , is as
much to say, as shewing of his
right. It signifieth in our com­
mon lawe, a suite in Chancerie
to be restored to lands or te­
nements, that indeede be mine
in right, though they were by
some office found to be in
possession of another lately dead.
See Stawnf. prærog. ca. 21. at
large, and Brooke, titulo Petition.
of this also reade Sir Edward
Cookes reports, lib. 4. fol. 54. b. &c.
the Wardens of the Sadlers case. monstrans de droit

Monstrauerunt , is a writ that
lieth for tenents that hold freely
by charter in auncient Demeane,
being distreined for the pay­
ment of any tolle or imposition,
contrary to their libertie, which
they do or should enioy, which
see in Fitzh, nat. br. fol. 14. 

Morian , is all one in signification
with the french (Morion. i. cassis)
a head peece: which word the
french man boroweth from the
Italian (morione) anno. 4. & 5.
Phi &. Ma. ca. 2. 

Morlinge, aliâs Mortling. seemeth
to be that wolle which is taken
from the skinne of a dead sheep,
whether dying of the rotte, or
being killed. anno. 27. H. 6. ca. 2,
This is writen Morkm. anno. 3.
I aco. ca. 8. 

Mort d' auncester , See  Assise.

Mortgage (Mortuum vadium,
vel Morgagium) is compounded
of 2. French words (Mort, id est,
mors) and (Gage, id est, pignus,
merces) It signifieth in our com­
mon lawe, a pawne of land or
tenement, or any thing mouea­
ble, laid or bound for mony bo­
rowed, peremptorily to be the
creditours for euer, if the mo­
ny be not paide at the day a­
greed vpon. And the creditour
holding land or tenement vpon
this bargaine, is in the meane









time called Tenent in mortgage.
Of this we reade in the grand
Custumarie of Normandie, cap.
113. in these wordes. Notan­
dum insuper est, quod vadiorum,
quoddam viuum, quoddam mortu­
um nuncupatur. Mortuum autem
dicitur vadium, quod se de nihilo
redimit & acquietat, vt terra tra­
dita in vadium pro centum solidis,
quam cum obligator retrahere vo­
luerit, acceptam pecuniam restituet
in solidum. Vivum autem dicitur
vadium, quod ex suis prouentibus
acquiratur. Vt terra tradita in va­
dium pro centum solidis vsque ad
tres annos, quæ, elapso tertio anno,
reddenda est obligatori, vel tradita
in vadium, quousque pecunia recepta
de eiusdem proventibus fuerit per­
soluva. Glanvilè likewise lib. 1 0.
cap. 6. defineth it thus: mortuum
vadium dicitur illud, cuius fructus
vel reditus interim percepti in nullo
se acquietant. Soe you see by both
these bookes, that it is called
a dead gage, because whatso­
euer profit it yeeldeth, yet it re­
deemeth not it selfe by yelding
such profit, except the whole
somme borowed be likewise
paid at the day. See M. Skene. de
verborum signif. eodem. He that
layeth this pawne or gage, is
called the Mortgager, & he that
taketh it, the Mortgagee. West. par.
2. symb. titulo Fines: sect. 145. This
if it containe excessiue vsurie, is
prohibited. anno 37. H. 8. c. 9. 

Mortmaine (Manus mortua) is
compounded of two french
words (Mort. i. mors) and Main.
i. manus) It signifieth in the com­
mon lawe, an alienation of lands
or tenements to any corporati­
on, guilde, or fraternitie, and
their successours, as Bishops,
parsons, vicars, &c. which may
not be done without licence of
the king, and the Lord of the
maner. The reason of the name
proceedeth from this, as I con­
ceiue it, because the seruices and
other profits due for such lands,
as escheates, &c. comme into
a dead hand, or into such a hand
as holdeth them, and is not of
power to deliuer them, or any
thing for them backe againe.
Magna charta, cap. 36. & anno
7. Ed. prim. commonly called
(the statute of Mortmaine) and
anno 18. Ed. 3. statut. 3. cap.
3. & anno 15. Richard. 2. cap. 5.
Polydor. Virgill in the 17. booke
of his Chronicles, maketh men­
tion of this lawe, and giueth
this reason of the name. Et le­
gem hanc manum mortuam voca­
runt, quòd res semel datæ collegiis
sacerdotum, non vtique rursiis ven­
derentur, velut mortuæ, hoc est, v­
sui aliorum mortalium in perpe­
tuum ademptæ essent. Lex diligenter
servatur, sic vt nihil possessionum or­
dini sacerdotalia quoquam detur, ni­
si Regio permissu. But the former
statutes be some thing abridged









by anno 39. Elizabeth cap. 5. by
which the gift of lands, &c. to
Hospitals is permitted without
obteining of Mortmaine. Hoto­
man in his commentaries de ver­
bis feudal. verbo Manus mortua ,
hath these words. Manus mortua
locutio est, quæ vsurpatur de ys, quo­
rum possessio, vt ita dicam, mmor­
talis est: quia nunquam hæredem
habere desinunt. Quâ de causâ res
nunquæm ad priorem dominum re­
vertitur. Nam manus pro possessione
dicitur, mortua pro immortali. Sic
municipium dicitur non mori, l. An
vsusfructus 56. Dde vsufr. legat.
quoniam hominibus aliis succres­
centibus, idem populi corpus videtur.
l. proponebatur. 7 6. D. de Iudiciis:
Hæc Hotemanus. & read the rest.
Amortizatio, est in manum mortu­
am translatio Principis iussu. Petrus
Belluga in speculo principum: fol.
76. Ius amortizationis est licentia
capiendi ad manum mortuam. Idem,
eodem. where you may reade a
learned tractate both of the be­
ginning and nature of this do­
ctrine. To the same effect you
may read Cassa. de consuetu. Burg.
pag. 348. 387. 1183. 1185. 1201.
1 2 25. 1285. 1218. 1274. M. Skene
de verborum signif. saith that Di­
mittere terras ad manum mortuam,
est idem atque dimittere ad multi­
tudinem sive vniuersitatem, quæ
nunquam moriur: idque perανπί????α­
σιν, seu a contrario sensu , because
communalties neuer die. 

Mortuary (Mortuarium) is a
gift left by a man at his death,
to his parish church, for the re­
compence of his personall tithes
and offerings not duly payed
in his life time. And if a man
haue three or more catell of any
kind, the best being kept for the
lord of the fee, as a Heriot , the se­
cond was wont to be giuen to
the person in right of the church,
cap. statutum. De consuetu. in pro­
vincial. Touching this you haue
two statutes. one anno 13. Ed. pri.
commonly called, Circumspectè
agatis: whereby it appeareth,
that Mortuaries are suable in
the court Christian; the other an­
no 21. H. 8: cap. 6. whereby is set
downe an order and rate in mo­
ny for mortuaries. 

Mulier , as it is vsed in the
common lawe, seemeth to be a
word corrupted and vsed for
(Melior) or rather the French
(Melieur) . It signifieth the law­
full issue preferred before an el­
der brother borne out of matri­
mony: anno H. 6. cap. 11. Smith
de repub. Anglo. lib. 3. cap. 6. But
by Glanuile lib. 7: ca. pri. the
lawfull issue seemeth rather (Mu­
lier) then (Melior) because it is
begotten (è Muliere) and not (ex
Concubiná) . for he calleth such
issue filios mulieratos , opposing
them to bastards. And Britton
cap. 70. hath frere mulier. i. the
brother begotten of the wife,









opposit to frere bastard. This see­
meth to be vsed in Scotland al­
so, for M. Skene de verborum sig­
nisi. verbo (Mulieratus filius)
saith that Mulieratus filius , is a
lawful son begotten of a lawfull
wife. Quia mulieris appellatione
vxor continetur. l. Mulieris 1 3. &
ibid. glossa de verborum significati­
ne. 

Mulmutius lawes , See Lawe.not in OED as headword

Multure (molitura, vel multura)
 commeth neare the French,
(moulture) and signifieth in our
common lawe, the tolle that
the miller taketh, for grinding
of corne. 

Murage, (muragium) is a tolle
or tribute to be leuied for the
building or repayring of publike
edifices or walles. Fitz. nat. br.
fol. 2 2 7. D. Murage seemeth
also to be a libertie graunted by
the King to a towne, for the
gathering of money toward
walling of the same. anno 3.
Ed. 1. cap. 30. 

Murder (murdrum) is borowed
of the French, (meurtrier. i. car­
nifex, homicida) or (meurtre. i. in­
ternecio, homicidium ,) The
new Expositour of the lawe
termes draweth it from the Sa­
xon word, (mordren) signifying
the same thing. It signifieth
in our common lawe, a wilfull
and felonious killing of any o­
ther vpon prepensed malice.
anno 52. H. 3. cap. 25. West. part.
2. symbol. titulo, Inditements. sect.
47. Bracton. lib. 3. tract. 2. cap. 15
num. prim. defineth it to be Ho­
micidium, quod, nullo præsente, nullo
sciente, nullo audiente, nullo vidente,
clam perpetratur. And of the same
minde is Britton. cap. 6. as also
Fleta, lib. 1. cap. 30. yet Fleta
saith also, that it was not mur­
der, except it were proued
the partie slaine were En­
glish, and no straunger. But
as Stawnf. saith, pl. cor. lib. 1.
cap. 2. the lawe in this point
is altered, by the statute, anno
1 4. Ed. 3. cap. 4. and murder is
now otherwise to be defined.
When a man vpon prepensed
malice killeth another, whether
secretly or openly, it maketh no
mater: or be he an English man,
or a forainer liuing vnder the
Kings protection. And prepen­
sed malice is here either expresse
or implyed: expresse, when it
may be euidently proued, that
there was formerly some euill
will implyed: when one killeth
another sodainly, hauing no­
thing to defend himselfe: as
going ouer a style, or such like.
Crompton. Iustice of peace, in the
chapter of Murder. fol. 19. b. See
M. Skene de verbor. signif. verbo,
Murdrum. This by the Latine In­
terpretour of the graund Custu­
marie of Normandy , is called
multrum. cap. 68. See Were. 

Muster , commeth of the French









(moustre. i. specimen, spectamen, ex­
emplum ,) as, feire moustre gene­
rale de toute son armee , is as much
as, lustrare exercitum. The signi­
fication is plaine. Mustred of re­
cord. anno 18. H. 6. cap. 1 9. see­
meth to be dare nomen , or to bee
inrolled in the number of the
kings souldiours. Master of the
kings musters. anno. 2. Ed. 6.
cap. 2. See Master.

Muster master general. anno 3 5.
Eliz. ca. 4. See Master of the kings
musters. 


N

NAam (Namium) seemeth
to come from the Dutch
word (nemmen. i. capio) It signifi­
eth in our common law, the ta­
king or apprehending of ano­
ther mans moueable goods: and
is either lawfull or vnlawfull.
Lawfull naam , is nothing els but
a reasonable distresse, propor­
tionable to the valew of the
thing distreined for. And this
naam was aunciently called ei­
ther vif or mort , quicke or dead,
accordingly as it was made of
dead or quicke chatels. Lawfull
naam is so, either by the common
law, or by a mans perticular fact:
by the common law, as when
one taketh another mans beasts
dammage seisant in his grounds:
by a mans particular fact, as by
reason of some contract made,
that for default of payment of
an annuity agreed vpon, it shall
be lawfull to distreine in such or
such lands, &c. Horns mirrour of
Iustices. lib. 2. ca. de vec de naam.
where you may read of other
circumstances required in law­
full naam: viz: of what thing, or
of what things first, in what ma­
ner, on what daies, and at what
houres it ought to be made;
with other points worth the
reading, for the vnderstanding of
our law antiquities. See Wither­
nam. 

Nasse. anno 4. H. 7. ca. 21.
 seemeth to be the proper name
of Orford Hauen. Whether it be
so termed of the boates or water
vessels that lye there or not, let
the reader iudge. But (nasselle) is
in French a kinde of small boat. 

Natiuo habendo , is a writ that
lyeth to the Shyreeue for a Lord,
whose vilein claimed as his in­
heritance, is runne from him, for
the apprehending and restoring
of him to his Lord againe. Regi­
ster orig. fol. 87. Fitzh. nat. br.
fol. 87 Fitzh. nat. br.
fol 77. See Libertate probanda.

Naturalization. See Denizen.

Ne admittas , is a writ that ly­
eth for the plaintife in a Quare
impedit , or him that hath an acti­
on of Darrein presentment de­
pending in the common Bench,
and feareth that the Bishop will
admit the clerke of the defen­
dant, during the suite betweene









them. And this writ must be su­
ed within sixe monethes after
the avoydance. Because after the
sixe moneths the Bishop may
present by lapse. Register orig. fol.
31. Fitzh. nat. br. fol. 37. where
see the rest. 

Negatiue pregnant (Negatiuæ
prægnans) is a negatiue implying
also an affirmatiue. As is a man
being impleaded, to haue done a
thing vpon such a day, or in such
a place, denyeth that he did it
modo & forma declaratæ: which
implyeth neuer the lesse, that in
some sort he did it. Or if a man
be said to haue alienated land,
&c. in fee, he denying that he
hath alienated in fee, seemeth to
confesse that he hath alienated
in some other sort. Dyer. fol. 17.
nu. 95. See Brooke hoc titulo and
Kitchin, fol. 232. And see the new
exposition of lawe terms. And
read also in some Ciuilians, of
Affirmatiua prægnans , and that
is, quæ habet in se inclusiuam negati­
uam. Et hoc importare videntur
dictiones (Solùm & tantùm, quæ
implicant negatiuam) Pacianus. De
probationibus. lib. 1. ca. 31. nu. 16.
fol. 93. 

Neif (natiua) commeth of the
French (Naif. i. naturalis, vel na­
tivus) it signifieth in our common
law, a bond woman, anno. 1 Ed.
6. ca. 3. the reason is, because
women become bond rather na­
tiuitate , than by any other means. 

Ne iniustè vexes , is a writ that
lyeth for a Tenent, which is di­
strained by his Lord, for other
seruices than he ought to make,
and is a prohibition to the Lord
in it selfe, commaunding him
not to distreine. The especial vse
of it is, where the tenent hath
formerly preiudiced himselfe by
performing more services, or
paying more rent without con­
straint, than he needed. For in
this case, by reason of the Lords
seisin, he cannot avoide him in
avowry: and therefore he is dri­
uen to this writ as his next re­
medie, Register orig. fol. 4. Fitzh.
nat. br. fol 10. 

Ne vicecomes colore mandati
Regis quenquam amoueat à pos­
sessione ecclesiæ minus iustè. Register
orig. fol. 61. 

Nient comprise , is an exception
taken to a petition as vniust, bi­
cause, the thing desired, is not
conteined or comprehended in
that act or deede, wherevpon
the petition is grounded. For ex­
ample, one desireth of the court,
to be put in possession of a house
formerly among other lands &c.
adiudged vnto him. The adverse
party pleadeth, that his petition is
not to be granted, because thogh
he had a iudgement for certaine
lands and houses: yet the house
into the possession wherof he de­
sireth to be put, is not conteined
among those for the which he









had iudgement. See the newe
booke of Entries. titulo, Nient
comprise. This seemeth to be
especially to hinder execution. 

Nifle, anno 3. Ed. 4. cap. 5. 

Nihil. anno. 5. R. 2. stat. pri.
cap. 3. is a word set vpon a
debt illeuiable, by the foreine
Apposer in the Exchequer. 

Nihil dicit , is a fayling to put
in answer to the plee of the
plaintiffe by the day assigned,
which if a man do commit,
iudgement passeth against him,
as saying nothing why it should
not. 

Nisi prius , is a writ iudiciall,
which lyeth in ease, where
the Enquest is paneled, and
returned before the Iustices of
the Banke, the one partie or the
other making petition, to haue
this writ for the case of the con­
trie. It is directed to the Shy­
reeue, commaunding that hee
cause the men impaneled to
come before the Iustices in the
same countie, for the determi­
nation of the cause there, except
it be so difficult, that it need
great deliberation. In which
case it is sent againe to the Bank,
v. anno 14. Ed. 3. cap. 15. The
forme of the writ, see in old. nat.
br. fol. 159. and in the Regist. iu­
dic. fol. 7. & 28. & 75. See the
new booke of Entries, verbo,
Nisi prius. And it is called (Nisi
prius) of these words compri­
sed in the same, whereby the
Shyreeue is willed to bring to
Westminst. the men impaneled at
a certaine day, or before the
Iustices of the next Assises: nisi
die Lunæ apud talem locum prius
venerint, &c. whereby it appea­
reth, that Iustices of Assises, and
Iustices of (nisi prius) are diffe­
ring. And Iustices of (nisi prius)
must be one of them, before
whom the cause is depending
in the Bench, with some other
good man of the Countie asso­
ciated vnto him. Fitz. nat. br.
fol. 240. E. which he taketh
from the Statute of Yorke. ann.
12. Ed. 2. See Westm. 2. cap. 30.
anno 13. Ed. prim. & anno 2 7.
eiusdem. cap. 4. & anno 2. Ed. 3.
cap. 17. & anno 4. eiusdem, cap.
11. & anno 14. eiusdem cap.
16. & anno 7. Rich. 2. cap. 7. &
anno 18. Eliz. cap. 12. 

Nobility (nobilitas) in England
compriseth all dignities aboue a
Knight. So that a Baron is the
lowest degree thereof. Smith de
Repub. Anglor. lib. prim. cap. 1 7.
Bartolus in his Tractate De No­
bilitate , which he compiled vpon
the lawe, Si vt proponis C. de di­
gnitatibus, libro. 12. rehear­
seth foure opinions de Nobilitate ,
but reiecteth them, and himselfe
defineth it thus: Nobilitas est
qualitas illata per principatum te­
nentem, qua quis vlira honestos
plebeios acceptus ostenditur. But









this definition is too large for
vs, except we will accompt
Knight and Banerets inter ple­
bem , which in mine opinion were
too harsh. For Equites among
the Romanes, were in a middle
ranke inter Senatores & ple­
bem. 

Nocumento. See Nusance.nocument in English

Nomination (nominatio) is vsed
by the Canonists, and common
Lawyers, for a power that a man
by vertue of a maner or other­
wise, hath to appoint a Clerke
to a patron of a benefice, by
him to be presented to the Or­
dinarie. New termes of the
lawe. 

Non-abilitie , is an exception
taken against the plaintiffe or
demandant vpon some cause,
why he cannot commence any
suite in lawe, as a Præmunire,
Outlawrie, Villenage, Excommu­
nication: or because he is a stran­
ger borne. The Ciuilians say,
that such a man hath not perso­
nam standi in iudicio. See Broke, hoc
titulo. see Fitzh. nat. br. fol. 35. A.
fol. 65. D. fol. 7 7. C. The new
Expositour of lawe termes rec­
koneth sixe causes of Non-ability :
as if he be an outlawe, a stranger
borne, condemned in a premu­
nire, professed in religion, ex­
communicate, or a villein. How­
beit the second cause holdeth
onely in actions reall or mixt,
and not in personall, except
he be a straunger and an ene­
mie. 

Non admittas. See Ne admit­
tas. 

Non-age , is all the time of a
mans age vnder one and twenty
yeares in some cases, or fourteen
in some, as mariage. See Broke,
titulo, Age. See Age.

Non capiendo clericum. See
Clerico non capiendo.

Non clayme, Cromptons Iurisd.
fol. 14 4. seemeth to be an excep­
tion against a man that claimeth
not within the time limited by
lawe, as within the yeare and
day, in case where a man ought
to make continuall claime, or
within fiue yeares after a fine le­
uyed. v. Coke. lib. 4. in proamio.
See Continuall clayme. 

Non compos mentis , is of foure
sortes: first, he that is an idiot
borne: next, he that by accident
afterward wholy leeseth his
wits: thirdly, a lunaticke, that
hath somtime his vnderstanding,
and sometime not: lastly, hee
which by his own act depriueth
himselfe of his right mind for a
time, as a drunkard, Coke lib. 4.
fol. 124. b. 

Non distringendo , is a writ,
comprising vnder it diuers par­
ticulars, according to diuers ca­
ses: all which you may see in
the Table of the Register original,
verbo, Non distringendo. 

Non est culpabilis , is the ge­









nerall answer to an action of
trespasse, whereby the defen­
dant doth absolutely deny the
fact imputed vnto him by the
plaintiffe, whereas in other e­
speciall answers, the defendaunt
graunteth the fact to be done,
and alledgeth some reason in his
defence, why he lawfully might
doe it. And therefore whereas
the Rhetoricians, comprise all
the substance of their discourses,
vnder three questions, An sit,
quid sit, quale sit , this aunswere
falleth vnder the first of the
three: all other answers are vn­
der one of the other two. And
as this is the generall aunswer in
an action of trespasse, that is, an
action criminall ciuily prosecu­
ted: so is it also in all actions cri­
minally followed, either at the
suite of the king or other,
wherein the defendant deuieth
the crime obiected vnto him. See
the new booke of Entries. titulo,
Non culpabilis , and Stawnf. pl. cor.
lib. 2. cap. 6 2. 

Non est factum , is an aunswer
to a declaration, whereby a
man denyeth that to be his deed,
whereupon he is impleaded.
Broke, hoc titulo. 

Non implacitando aliquem de li­
bero tenemento sine breui , is a writ
to inhibit Bayliffes, &c. from
distraining any man without the
kings writ, touching his free
hould. Register, fol. 1 7 1. b. 

Non intromittendo quando bre­
ue præcipe in capite subdolè impetra­
tur , Is a writ directed to Iustices
of the bench or in Eyre , wil­
ling them not to giue one hea­
ring, that hath vnder the colour
of intitling the king to land, &c.
as houlding of him in capite ,
deceitfully obteined the writ
called : præcipe in capite. but to
put him to his writ of right, if
he thinke good to vse it. Register
orig. fo. 4. b. 

Non mercandizando victualia ,
 is a writ directed to the Iustices
of Assise, commaunding them to
inquire whether the officers of
such a towne, doe sell victuals in
grosse or by retaile, during their
office, contrary to the statute,
and to punish them, if they finde
it true. Register, fol. 184. 

Non molestando , is a writ that
lyeth for him, which is molested
contrary to the kings protecti­
on graunted him. Register fol. 24. 

Non omittas , is a writ lying
where the Shyreeue deliuereth a
former writ to a Bayliffe of a
fraunchis, within the which the
party, on whom it is to be ser­
ued, dwelleth, & the Bayliffe neg­
lecteth to serue it: for in this case,
the Shyreeue returning, that he
deliuered it to the Bayliffe, this
shalbe directed to the Shyreeue,
charging him himselfe to exe­
cute the kings commaundement.
Old. nat. br. fol. 44. of this the









Reg. orig. hath three sorts. fol.
82. b. & 151. and the Reg. Iudi­
ciall one, fol. 5. & 56. 

Non ponendo in Assisis & Iura­
tis , is a writ founded vpon the
stat. Westm. 2. ca. 38. and the
stat: Articuli super chartas. ca. 9.
which is graunted vpon diuers
causes to men, for the freeing
them from Assises and Iuries. See
Fitzh. nat. br. fol. 165. See the
Register, fol. 1 79. 100. 181. 183. 

Non procedendo ad Assisam Rege
inconsulto , is a writ to stop the
triall of a cause appertaining vn­
to one, that is in the kings ser­
uice, &c. vntill the kings plea­
sure be farder knowne. Reg. fol.
2 2 0. a. 

Non residentia pro clericis Regis ,
 is a writ directed to the Ordina­
ry, charging him not to molest a
Clerk imployed in the kings ser­
uice, by reason of his non resi­
dence. Register orig. fol. 58. b. 

Non-suite , is a renuntiation of
the suite by the plaintife or de­
maundant, when the mater is so
farre proceeded in, as the Iury is
ready at the barre, to deliuer
their verdict. anno 2. H. 4. ca. 7.
See the new booke of Entries,
verbo Non suite. The ciuilians
terme it Litis renunciationem. 

Non soluendo pecuniam ad quam
Clericus mulctatur pro non residen­
tia , is a writ prohibiting an Ordi­
nary to take a pecuniary mulct,
imposed vpon a clerk of the
kings for non-residence. Regist.
orig. fol. 59. 

Non tenure , is an exception to
a coumpt, by saying that he
houldeth not the land specified
in the coumpt, or at the least,
some parte of it. anno 25. Ed. 3.
stat. 4. ca. 16. West parte. 2. Sim­
bol. titulo. Fines. sect. 138. ma­
keth mention of non-tenure ge­
nerall, and non-tenure speciall. See
the new booke of Entries, verbo ,
N on-tenure , where it is said, that
especiall non-tenure is an excep­
tion, alledging that he was not
tenent the day whereon the writ
was purchased. Non-tenure ge­
nerall is then by likelyhood,
where one denyeth himselfe e­
uer to haue bene tenent to the
land in question. 

Non sum informatus. See Infor­
matus non sum.

Non sane memorie (Non sanæ
memoriæ) is an exception taken
to any act declared by the plain­
tife or demaundant to be done
by another, wherupon he groun­
deth his plaint or demaund. And
the contents of this exception be,
that the party that did that act
(being himselfe or any other)
was not well in his wits, or
madde, when he did it. See the
new booke of Entries. titulo Non
sane memory. and Dum non fuit
compos mentis. See also. supra Non
compos mentis. 

Non terme (non terminus) is the









time of vacation between Terme
and Terme. It was wont to bee
called the times or dayes of the
kings peace, Lamb. Archaiono.
fol 126. and what these were in
the time of King Edward the
Confessour, see there. This time
was called (Iusticium) or (Feriæ)
among the Romanes , or (dies ne­
fasti) Ferias appellari notum est
tempus illud, quod forensibus nego­
tiis & iure dicendo vacabat. Ea­
rum autem aliæ solennes erant, aliæ
repentine. Brisson. de verb. signif.
lib. 6. vide Wesenbec: paratit. De
Ferits. num. 6. 

Note of a fine, (nota finis) is a
briefe of a fine made by the Chi­
rographer , before it be engrossed.
The forme whereof see in
West. part. 2. symbol, titulo. Fines.
sect. 117. 

Novell assignement (noua assig­
natio) is an assignement of time,
or place, or such like, otherwise
then as before it was assigned.
In Brocke you may find these
wordes in effect : titulo, Deputie.
num. 1 2. See novell assignement of
trespasse in a new place after Barre
pleaded. Broke titulo, Trespasse. 122.
and, novel assignement in a writ
de eiectione custodiæ. titulo, Eiecti­
one custodiæ. num. 7. See Assigne­
ment. 

Nude mater. See Mater.

Nunne (Nonna) is the French
word (nonnain) or (nonne) some­
thing altered, which signifieth
a holy or consecrated virgin, or
a woman that hath by vowe
bound her selfe to a single
and chast life, in some place and
company of other women, se­
parated from the world, and ad­
dicted to an especiall seruice of
God, by prayer, fasting, and such
like holy exercises If we wold
know whence this word came
into Fraunce , S. Hierome maketh
it an Egyptian word, as Hospi­
nian recordeth of him, in his
booke De origine & progressu mo­
nachatus. fol. 3. 

Nuper obut , is a writ that lyeth
for a coheire being deforced by
her coheire of lands or tene­
ments, whereof the graundfa­
ther, father, vncle, or brother to
them both, or any other their
common auncesters, dyed seised
of an estate in fee simple. See
the forme of the writ, origin.
Regist. fol. 2 2 6. &c. Fitz. nat. br.
fol. 1 9 7. If the auncestour dyed
seised in fee tayle, then the co­
heire deforced shall haue a Form­
don. Idem. ibid. 

Nusance (nocumentum) com­
meth of the French (nuire. i. no­
cere.) It signifieth in our com­
mon lawe, not onely a thing
done, whereby another man is
annoyed in his free lands or te­
nements, but especially the As­
sise or writ lying for the same.
Fitz. nat. br. fol. 183. And this
writ (de Nocumento) or of Nu­









sance is either simply De nocu­
mento, or de paruo nocumento ; and
then it is Vicountiel. old. nat. br. f.
108. & 109. & Fitzh. nat. br.
vbi supra. & fol. 184. Britton
calleth it Nosance. whome also
reade. ca. 61. & 62. M. Man­
wood parte 2 of his forest lawes. ca.
17. maketh three sorts of Nu­
sance in the forest, the first is
Nocumentum commune , the se­
cond Nocumentum speciale , the
third Nocumentum generale
which reade with the rest of
that whole chapter. See the Re­
gister originall, fol. 197. & 199. 

Nutmegs (nux myristica vel
nux muscata) is a spice well
knowne to all. It groweth of a
tree like a peach tree, and is in­
closed in two huskes, whereof
theinner huske is that spice
which we call mace. Of this who
will, may reade more in Gerards
herball, lib. 3. ca. 145. It is menti­
oned among spices that are to
be garbled. anno 1. Iaco. ca. 19. 


O

OBedientiæ , was a rent, as ap­
peareth by Roger Hoveden
parte poster: suorum annalium, fol.
430. in these words : vt ergo eis,
so: regularibus, adimatur oportunitas
evagandi, prohibemus, ne reditus,
quos obedientias vocant, ad firmam
teneant, &c. Obedientia in the ca­
non lawe is vsed for an office or
the administration of an office.
ca. cùm ad monasterium. 6. extra
de statu monacho: & cano. regula.
And therevpon the word (obedi­
entiales) is vsed in the provinciall
constitutions for those which
haue the execution of any office
vnder their superiors. cap. pri.
de statu. regula. For thus saith
Lyndwood in his glosse vpon that
word: Hii sunt qui sub obedientia
suorum prælatorum sunt, & habent
certa officia administranda interius
vel exterius. It may be that some
of these offices called obedientiæ
consisted in the collection of
rents or pensions: and that there­
fore those rents were by a me­
tonymie called obedientiæ, quia
colligebantur ab obedientialibus. 

Oblations (oblationes) are thus
defined in the canon lawe. Obla­
tiones dicuntur, quæcunque a piis
fidelibusque Christianis offeruntur
Deo & ecclesiæ, siue res soli, siue
mobiles sint. Nec refert an legen­
tur testamento, an aliter donentur,
cap. clerici. 13. quæst. 2. Reade
more of these in Duarenus. De
sacr. eccl. minister. ac benefi. cap.
tertio. 

Obligation (Obligatio) and Bill
be all one, sauing that when it
is in English, it is commonly
called a Bill, and when it is in
Latine, an Obligation. West parte
1. symbol. lib. 2. sect. 146. True
it is that a Bill is obligatorie:
but we commonly call that an









obligation, which hath a con­
dition annexed. The former
author in the same place saith
thus farder. An obligation is a
deede, whereby the obligour
doth knowledge himselfe to
owe vnto the Obligee, a cer­
taine summe of money or other
thing. In which, besides the par­
ties names, are to be considered
the thing due, and the time,
place and maner of payment, or
deliuerie. Obligations be ei­
ther by mater in deede, or
of record. An obligation by
mater in deede is euery ob­
ligation not acknowledged &
made in some court of record.
Hitherto M. West. 

Occupauit , is a writ that lieth
for him, which is eiected out of
his land or tenement in time of
warre: as a writ of Novel disseisin
lieth for one eiected in time of
peace. Ingham §. Bref de novel
disseisin. 

Octo tales. See Tales: See Brooke
tit. Octo tales. 

Odio & atia, anno 3. Ed. 1. ca.
11: is a writ sent to the vnder­
shyreeue, to inquire whither a
man being committed to prison
vpon suspition of murder, be
committed vpon malice or euill
will, or vpon iust suspition. Re­
gister originall, fol. 133. b. See Bra­
cton li. 3. parte 2. ca. 20. 

Office (Officium) doth signifie
not onely that function, by ver­
tue where of a man hath some
imploiment in the affaires of a­
nother, as of the King or other
common person; but also an
Inquisition made to the Kings
vse of any thing by vertue of his
office who inquireth. And
therefore wee oftentimes reade
of an office found, which is no­
thing but such a thing found by
Inquisition made ex officio. In
this signification it is vsed anno
33. H. 8. cap. 20. and in Stawn­
fords prærog. fol. 60. & 61. where
to trauers an office, is to trauers
the inquisition taken of office.
And in Kitchin fol. 1 7 7. to re­
turne an office, is to returne that
which is found by vertue of the
office, see also the newe booke
of Entries, verbo Office pur le Roy.
And this is by a metonymie of
the effect: And there be two
sorts of offices in this significati­
on, issuing out the exchequer by
commission viz. an office to in­
title the King in the thing inqui­
red of, and an office of instru­
ction. which reade in Sir Edw.
Cokes reports, vol. 6. Pages case. fol.
52. a. b. Office in fee, is that
which a man hath to himselfe
and his heires, anno 13. Ed. 1.
ca. 2 5. Kitchin fol. 152. See Clerk.

Official (officialis) is a word
very diversly vsed. For by sun­
dry Ciuilians of other countries,
that write in these daies, it ap­
peareth to be applyed in many









places, to such as haue the sway
of temporall iustice. Ægidius
Bossius in pract. crim. tit. De offici­
ali bus corruptis, &c. But by the
auncienter ciuile lawe, it signi­
fieth him, that is the minister
or apparitor of a magistrate
or Iudge. l. 1. §. si quis vl­
tro. π. de quæstio. & Co. de filiis offi­
cialium, &c. li. 12. In the Canon
lawe, it is especially taken for
him, to whome any Bishop doth
generally commit the charge of
his spirituall iurisdiction. And in
this sence one in euery Dioces is
(officialis principalis) whome the
statutes and lawes of this King­
dome call chanceler. anno 32. H.
8. cap. 15. The
rest, if there be
more, are by the canon law called
officiales foranei. glos: in clem. 2. de
Rescriptis , but with vs termed C om­
missaries (Commissarii) as in the
statute of H. 8. or some times
(Commissarii foranei.) The diffe­
rence of these 2. powers you
may reade in Lyndwood, titulo de
sequestra posses. ca. 1. verbo. Officia­
lis. But this word (officiall) in
our statutes and common lawe
signifieth him, whom the Arch­
deacon substituteth in the exe­
cuting of his iurisdiction. as ap­
peareth by the statute aboue
mentioned and many other
places. 

Officiariis non faciendis vel a­
movendis , is a writ directed to
the magistrates of a corporation,
willing them not to make
such a man an officer, and to
put him out of the office he
hath, vntill enquirie be made of
his maners, according to an in­
quisition formerly ordeined. Re­
gister originall, fol. 126. b. 

Onerando pro rata portionis , is a
writ that lieth for a ioint tenent,
or tenent in common, that is
distreined for more rent, then
the proportion of his land
commeth vnto. Reg. orig. f. 182. a. 

Open Lawe (Lex manifesta,
Lex apparens) is making of
Lawe. which by Magna charta
ca. 28. Bayliffes may not put
men vnto vpon their owne bare
assertions, except they haue wit­
nesses to proue their imputation. not in OED as headword

Orchel. anno. 1. R. 3. ca. 8. Or­
chall. anno. 2 4. H. 8. ca. 2. &. anno.
3. & 4. Ed. 6. ca. 2. seemeth to be
all one with cork. 

Ordinance of the forest (Ordi­
natio Forestæ) is a statute made
touching forest causes in the
34. yeare of Edward. 1. See As­
sise. 

Ordinarie (Ordinarius) though
in the ciuil lawe, whence the
word is taken, it doth signifie a­
ny iudge that hath authoritie to
take knowledge of causes in his
owne right, as he is a magistrate,
and not by deputation: yet in
our common lawe, it is most
commonly, and for ought I re­
member, alway taken for him,









that hath ordinarie Iurisdiction
in causes ecclesiasticall. See
Brooke hoc titulo. Lindwood in cap.
exterior. titulo de Constitutioni­
bus. verbo Ordinarii , saith quòd
Ordinarius habet locum principali­
ter in Episcopo, & aliis superioribus,
qui soli sunt vniuersales in suis iu­
risdictionibus, sed sunt sub eo alii or­
dinarii, hii viz. quibus competit Iu­
risdictio ordinaria de iure, privilegio,
vel consuetudine, &c. v. c. 

Ordinatione contra seruientes ,
 is a writ that lieth against a ser­
vant for leauing his master a
gainst the statute: Register origi­
nall, fol. 189. 

Ordæl (Ordalium) is a Saxon
word, signifiing as much as
Iudgement, in some mens opini­
ons compounded of two Saxon
words (or) a priuatiue , as (α) in
greeke, and (dæl . i. pars) It signi­
fieth as much as expers : but it is
artificially vsed for a kind of
purgation practized in auncient
times: whereby the party pur­
ged, was iudged expers criminis ,
called in the canon lawe purgatio
vulgaris , and vtterly con­
demned. There were of
this two sorts, one by fire,
another by water. Of these
see M. Lamberd in his explication
of Saxon words. verbo Ordalium ,
where he expresseth it at large,
with such superstitions as were
vsed in it. Of this you may like­
wise read Holinshed in his descrip­
tion of Britanie fol. 98. and also
M. Manwood, parte pri. of his fo­
rest lawes, pag. 15. But of all the
rest, Hotoman especially, disput. de
feud. ca. 41. where of fiue kinde
of proofes, which he calleth
feudales probationes , he maketh
this the fourth, calling it explora­
tionem, & huius furiosæ probatio­
nis 6. genera fuisse animadvertit,
per flammam, per aquam, per fer­
rum candens, per aquam vel geli­
dam vel feruentem, per sortes, & per
corpus Domini , of all which he
alledgeth seuerall examples out
of historie, very worthie the rea­
ding, See M. Skene also de verbor.
significatione, verbo (Machamium)
This seemeth to haue bene in vse
here with vs in Henry the se­
conds dayes, as appeareth by
Glanvile. lib. 14. cap. 1. & 2.
Reade also of this in M. Verste­
gans Restitution of decayed in­
telligence. cap. 3. pag. 63. &
seqq. 

Orfgild, aliâs, Cheapegild , is a
restitution made by the Hun­
dred or Countie, of any wrong
done by one that was in plegio.
Lamberd. Archaion. pag. 125. &
126. 

Orgeis, anno , 3 1. Ed. 3. stat. 3.
cap. 2. is the greatest sort of
North sea-fish, now adaies called
Organ ling. 

Oredelfe , is a liberty whereby
a man claimeth the Ore found
in his soyle. New exposition of









Termes. 

Ortelli , is a word vsed in the
booke termed (pupilla oculi) in
the chapter containing the char­
ter of the Forest. parte 5. cap. 22.
and signifieth the clawes of a
dogges foote, being taken from
the French, orteils des pieds. i. digiti
pedum , the toes. not in OED as headword

Osmonds, anno 3 2. Henr. 8.
cap. 14. 

Oath of the King , (Iuramentum
Regis) is that which the King ta­
keth at his Coronation, which
in Bracton is set downe in these
words. Debet Rex in coronatione
sua, in nomine Iesu Christi præstito
sacramento hæc tria promittere po­
pulo sibi subdito: Inprimis se esse præ­
cepturum & pro viribus opem im­
pensurum vt ecclesiæ dei & omni
populo Christiano vera pax omni
suo tempore observetur. Secundò, vt
rapacitates & omnes iniquitates
omnibus gradibus interdicat : 3.
vt in omnibus iudiciis æquitatem
præcipiat & misericordiam, vt in­
dulgeat ei suam misericordiam clemens
& misericors Deus, & vt per Iustitiam
suam firma gaudeant pace vniuersi.
And in the old abridgement
of statutes set out in H. 8. daies,
I finde it thus described. This is
the oath that the King shall
sweare at his coronation: That
he shall keepe and maintaine
the right and the liberties of the
holy church, of old time graun­
ted by the righteous Christian
Kings of England, and that he
shall keepe all the lands, ho­
nours, and dignities righteous
and free of the Crowne of
England in all maner whole,
without any maner of minish­
ment, and the rights of the
Crowne hurt, decayed, or lost, to
his power shall call againe into
the auncient estate, and that he
shall keepe the peace of the ho­
ly church and of the clergy, and
of the people with good ac­
cord: and that he shall doe in all
his iudgements equitie and right
iustice with discretion and mer­
cie: and that he shall graunt to
hold the lawes & customes of the
realme, and to his power keepe
them, and affirme them, which
the folke and people haue made
and chosen: and the euill lawes
and customes wholly to put
out: and stedfast and stable
peace to the people of this
realme keepe and cause to be
kept to his power: and that he
shall graunt no charter, but
where he may doe it by his oath.
All this I finde in the foresaide
Booke, titulo. Sacramentum Regis.
and Charter of pardon. quin­
to. 

Oth of the Kings Iustices is , that
they well and truly shall serue
the king, and that they shall not
assent to things, that may turne
to his dammage or disinheri­
tance. Nor that they shall take









no fee nor liuerie of none but
the king. Nor that they shall
take gift nor reward of none
that hath adoe before them, ex­
cept it be meate and drinke of
smal value, as long as the plee is
hanging before them, nor after
for the cause. Nor that they shall
giue councell to none in mater
that may touch the King, vpon
paine to be at the kings will, bo­
dy and goods. And that they
shall doe right to euery person,
notwithstanding the Kings le­
ters, &c. anno 18. Ed. 3. statut. 4.
which the old abridgement
maketh to be anno 20. eiusdem
statuto per se. 

Otho , was a Deacon Cardinall
of S. Nichens in carcere Tulliani ,
and Legate for the Pope heere in
England, anno 22. H. 3. whose
constitutions we haue at this day:
Stowes An. pa. 303. & see the first
constitution of the said Legat. 

Othobonus was a Deacon Cardi­
nall of S. Adrian , and the Popes
legate heere in England anno 15.
H. 3. as appeareth by the award
made betweene the said King
and his commons, at Kenelworth.
his constitutions we haue at this
day in vse. 

Ouch, anno 24. H. 8. ca. 13. 

Ouster le main (Amouere ma­
num) word for word, signifieth
to take off the hand, though in
true French, it should be (Oster la
main) It signifieth in the com­
mon law, a Iudgement giuen for
him that tendeth a trauers, or
sieweth a Monstrance de droit , or
petition. For when it appear­
eth vpon the mater discussed,
that the King hath noe right nor
title to the thing he seised, then
Iudgement shalbe giuen in the
Chauncery, that the kings hands
be amoued, and thereupon A­
moueas manum shalbe awarded
to the Escheatour: which is as
much, as if the iudgement were
giuen, that he should haue a­
gaine his land. v. Stawn. prærog.
ca. 24. See anno 28. Ed. 1. stat. 3.
ca. 19. It is also taken for the
writ graunted vpon this petiti­
on. Fitzh. nat. br. fol. 256. C. It
is written oter le maine, anno 25.
Hen. 8. ca. 22. 

Ouster le mer (vltra mare)
 commeth of the French (oultre. i.
vltra) and (le mer . i. mare) and it
is a cause of excuse or Essoine, if
a man appeare not in Court vp­
on Summons. See Essoin.

Outfangthef, aliâs vtfangthef ,
 is thus defined by Bracton li. 3.
tra. 2. ca. 34. vtfangthef dicitur la­
tro extraneus veniens aliunde de
terra aliena, & qui captus fuit in
terra ipsius, qui tales habet liber­
tates , but see Britton otherwise.
fol. 91: b : It is compounded of
three Saxon words (out . i. extra)
(fang . i. capio vel captus) and
(Thef . i. fur) It is vsed in the
common law, for a liberty or









priuiledge, whereby a Lord is
inhabled to call any man dwel­
ling within his owne see, and ta­
ken for felony in any other
place, and to iudge him in his
owne court. Rastals expos. of
words. 

Owelty of seruices , is an equali­
ty when the tenent parauaile
oweth as much to the mesn, as
the mesn doth to the Lord para­
mont: Fitzh. nat. br. fol. 136
A. B. 

Outlawry (vtlagaria) is the
losse or depriuation of the bene­
fit belonging to a subiect: that is,
of the Kings protection and the
Realme: Bracton: li. 3. tract. 2.
ca. 11. num. pri. & nu. 3. Forisfacit
vtlagatus omnia quæ pacis sunt:
Quia a tempore quo vtlagatus est,
caput gerit lupinum, ita quòd ab
omnibus interfici possit, & impunè:
maxime si se defenderit, vel fuge­
rit, ita quòd difficilis sit eius captio.
&, nu. 4. Si autem non fugerit, nec
se defenderit cùm captus fuerit: ex­
tunc erit in manu domini Regis
mors, & vita. & qui taliter captum
interfecerit, respondebit pro eo sicut
pro alio, v. c. 

Outeparters. anno. 9. H. 5. ca. 8.
 seemeth to be a kind of theeues
in Ridesdall , that ride abroad at
their best advantage, to fetch in
such catell or other things, as
they could light on without
that liberty: some are of opinion
that those which in the forena­
med statute are termed out-par­
ters, are at this day called out­
putters, and are such as set mat­
ches for the robbing of any man
or house: as by discouering
which way he rideth or goeth,
or where the house is weakest &
fittest to be entred. See Intakers. 

Owtryders , seeme to be none
other but bayliffe errants, em­
ployed by the Shyreeues or their
fermers, to ride to the fardest
places of their counties or hun­
dreds, with the more speede to
summon to their county or hun­
dred courts, such as they thought
good to worke vpon. anno 14.
Ed. 3. stat. 1. ca. 9. 

Oxgang of Land (Bouata ter­
ræ) Sixe oxgangs of land, seeme to
be so much as sixe oxen will
plough. Crompton. iurisà. fol. 220.
but an oxegang seemeth pro­
perly to be spoken of such
land as lyeth in gainour, old
nat. br. fol. 117. M. Skene de
verbor. significat. verbo Bovata
terræ , saith, that an oxen-gate of
land should alway conteine 13.
acres, and that 4. oxen-gates
extendeth to a pound land of
old extent. See Librata terræ. 

Oyer and Terminer, (audiendo
& terminando) in true French
(Ovir & terminer) is, in the in­
tendment of our lawe, a com­
mission especially graunted to
certaine men, for the hearing
and determining of one or more









causes. This was wont to be
in vse vpon some sodaine out­
rage or insurrection in any place.
Cromptons Iurisd. fol. 131. & 132.
See The Statute of Westm. 2. cap. 29
anno , 13. Ed. 1. who might
graunt this commission. And
see Fitzh. nat. br. fol. 100. for the
forme and occasion of the writ,
as also to whom it is to bee
graunted, and whom not. See
Broke, titulo, Oyer & determi­
ner. 

Oyer de Record, (Audire Re­
cordum) is a petition made in
court, that the Iudges, for beter
proofes sake, will be pleased to
heare or looke vpon any Re­
cord. not in OED as headword


P

PAcking whites. anno , 1. R. 3.
cap. 8. See OED "packing," n. 1, 4 (cited there).

Pain fort & dure (pœna fortis
& dura) is in true French (peine
fort & dure.) It signifieth in our
common lawe, an especiall pu­
nishment for those, that being
arraigned of felonie, refuse to
put themselues vpon the ordi­
narie triall of God and the cun­
trey, and thereby are mute, or
as mute in interpretation of law.
This (as Stawnf. thinketh, pl. cor.
lib. 2. cap. 60.) is sounded vpon
the Statute of Westm. prim. cap
1 2. anno. 3. Ed. prim. His rea­
son is, because Bracton , who writ
before that Parlament, maketh
no mention of it: and Britton
writing after that time, toucheth
it in his 4. chapter, fol. 11. viz.
in words to this effect: If they
will not acquite themselues, let
them be put to their penance
vntill such time as they do desire
triall: and let the penance bee
such: viz. Let them be bare leg­
ged, without girdle, and with­
out hatte or cappe, in their coate
onely, and lye in prison vpon
the naked earth day and night.
And let them eate no bread, but
of barley and branne, nor drink
any other then water, and that
vpon that day when they eate
not. And let them be chained.
S tawnford in his said 60. chapter
of his second booke, expoun­
deth it more plainely and parti­
cularly in this sort. And note,
that this strong and hard paine
shall be such: sc. He shall be sent
backe to the prison whence he
came, and layed in some lowe
darke house, where he shall lye
naked vpon the earth without a­
ny litter, rushes, or other clo­
thing, and without any raiment
about him, but onely something
to couer his priuie members. And
he shall lye vpon his backe
with his head couered and his
feete. And one arme shall bee
drawne to one quarter of the
house with a cord, and the o­
ther arme to another quarter:
and in the same maner let it be









done with his legges: and let
there be layed vpon his body i­
ron and stone, so much as he may
beare or more: and the next day
following, he shall haue three
morsels of barley bread without
drinke: and the second day, he
shall haue drinke three times:
and as much at each time, as he
can drinke, of the water next
vnto the prison doore, except
it be running water, without any
bread. And this shall be his diet
vntill he dye. See OED "peine." 

Palatine. See County Palatine.
See Cassan. de consuetud. Burg.
pag. 14. 

Palingman, anno 11. Henr. 7.
cap. 2 2. 

Panell (panellum) commeth of
the French (panne. i. pellis , or
paneau) a peece or pane, as wee
call it in English. It signifieth in
our common lawe, a shedule or
rolle, containing the names of
such Iurours, as the Shyreeue
prouideth to passe vpon any
triall. Register orig. fol. 22 3. a.
Kitthin, fol. 266. See Broke, hoc
titulo. And thereupon the empa­
neling of a Iurie, is nothing but
the entring of them into the
Shyreeues rolle or booke. 

Pannage (pannagium) is a
tolle or contribution. Fitz. nat.
br. fol. 2. 7. D. See Pawnage.

Paramounte, aliâs peremounte ,
 commeth of these two French
words (par . i. per) and (Monter
. i. ascendere) It signifieth in our
law, the highest Lord of the fee:
for there may be a Tenent to a
Lord, that houldeth ouer of a­
nother Lord. And the former of
those is called Lord Mesn , the
second Lord paramount. And a
Lord paramount (as it seemeth
by Kitchin, fol. 209) consisteth
only in comparison: as one man
may be great being compared
with a lesser, and litle being
compared with a greater: and as
Genus , among the Logicians , may
be in diuers respects both genus ,
and species. Fitzh. nat. br. fol. 135.
M. So that none seemeth simply
to be Lord paramount but only
the King, as Genus summum is
simply Genus. For the King is
patron paramount to all the be­
nefices in England, Doctor and
student: ca. 36. See  Parauaile,
Maner. and Fee.

Parauaile, aliâs, Perauaile , is
compounded of two French
words (par . i. . per) and (aualler.
i. dimittere, demittere) It signifieth
in our common law, the lowest
tenent, or him that is tenent to
one, who houldeth his fee ouer
of another, So is it vsed. pl. cor.
fol. 197. and Fitzh. nat. br. fol.
135. M. See Paramounte. See
Mesn.

Parcell makers , are two officers
in the eschequer, that make the
parcels of the escheators ac­
coumpts, wherein they charge









them with euery thing they leuy­
ed for the kings vse, within the
time of their office, and deliuer
the same to one of the auditors
of the court, to make an accompt
for the escheatour thereof. 

Parceners. See Coparceners.

Parcinarie (participatio) com­
meth of the French (partir. i. diui­
duum facere. It signifieth in our
common law, a houlding or oc­
cupying of land by more pro in­
diviso , or by ioynt tenents, other­
wise called Coparceners , of the
French (parsonnier. i. partiarius,
particeps.) For if they refuse to
diuide their common inheritance
and chuse rather to hold it ioynt­
ly, they are said to hold in parci­
narie. Litleton, fol. 56. & 5 7. This
by the Feudists and Lombards is
termed (adæquatio, vel paragium.)
And among the auncient Ro­
manes particulones, sic enim au­
thore Nonio, a veteribus cohæredes
inter se dicebantur, quòd partes in­
vicem facerent. Spigelius. 

Pardon (Perdouatio) is a French
word, signifiing as much as pax,
venia, gratia. It is vsed most no­
toriously in our common lawe,
for the remitting or forgiuing
of a felonious or other offence
committed against the king.
This pardon is two-fold: one
ex gratia Regis , the other, per
cours del ley , by course of law.
Stawnf. pl. cor. fol. 47. Pardon ex
gratia Regis , is that, which the
king, in some speciall regard of
the person or other circum­
stance, sheweth or affoordeth
vpon his absolute prerogatiue
or power. Pardon by course of
lawe, is that which the lawe in
equitie affoordeth, for a light
offence, as homicide casuall,
when one killeth a man hauing
no such meaning. West. parte
2. symbol. titulo , Inditements. sect.
4 6. Of this see the new booke
of Entries, verbo, Perdon. 

Pardoners, anno 22. H. 8. c. 1 2.
 were certaine fellowes that ca­
ried about the Popes Indulgen­
ces, and sold them to such as
would buy them, against whom
Luther , by Sleydans report, incen­
sed the people of Germany in his
time, exhorting them, ne merces
tam viles tanti emerent. 

Parke (parcus) commeth of
the French (parquer. i. vallo, vel
fossa circundare.) It signifieth
with vs, a peece of grounde
inclosed and stored with wild
beastes of chase. Which a man
may haue by prescription or the
kings graunt. Cromptons Iurisd.
fol. 148. M. Manwood parte pri.
of his Forest lawes. pag. 148. de­
fineth it thus: A parke is a
place of priuiledge for wilde
beastes of venerie, and also for
other wild beasts, that are beasts
of the Forest, and of the chase,
tam syluestres, quàm campestres.
And all those wild beastes are to









haue a firme peace and protection
there. So that no man may hurt
or chase them within the park,
without licence of the owner
of the same. Who also fol. 149.
saith thus : A parke is of another
nature, then either a chase, or a
warren is. For a parke must bee
inclosed, and may not lye open:
for if it doe, that is a good cause
of seisure of the same into the
hands of the king, as a thing for­
feited: as a free chase is, if
it be enclosed. And moreouer,
the owner cannot haue action
against such as hunt in his park,
if it lye open. See Forest. See
Chase. See Warren. This word
Parke, Baldwinus deriueth à para­
diso, eumque locum esse dicit, in quo
varia animalia ad vsum voluptatis,
aut venationis includuntur & possi­
dentur, adempta naturali libertate.
Ad tit. de rerum divis. in Institu­
tionib. 

Parco fracto , is a writ which
lyeth against him, that violently
breaketh a pound, and taketh
out beasts thence, which, for
some trespas done vpon another
mans ground, are lawfully im­
pounded. Register originall fol.
166. Fitzh. nat. br. fol. 100. 

Parish (parochia) commeth of
the greeke (ϖαροικία. i. Acco­
larum conuentus, accolatus, sacra
vicinia) it is vsed in the Cannon
law, some time for a Bishoprick.
But in our common law, it signi­
fieth the particular charge of a
secular priest. For euery church
is either Cathedrall, Couentuall,
or Parochiall. Cathedrall is that,
where there is a Bishop seated,
so called a Cathedra : Conuentu­
all consisteth of Regular clerks,
professing some order of religi­
on, or of Deane and chapter, or
other college of spirituall men.
Parochiall is that, which is
instituted for the saying of di­
uine seruice, and ministring the
holy Sacraments to the people
dwelling within a certaine com­
pas of ground neare vnto it. Our
Realme was first diuided into
parishes by Honorius Archb: of
Canterbury , in the yeare of our
Lord. 636. Camden Britan. pag.
104. Of these parish churches I
finde there were in England in
the daies of H. 8. the number of
45000. Hotoman in his disputa­
tions de feudis. ca. 2. maketh
mention of this word (parochia)
out of Pomponius Lætus in these
words. Nam sic quoque Pompo­
nius Lætus veterem consuetudinem
fuisse scribit, eamque ab Imperatore
Constantino repetitam, vt Ducibus,
præfectis, Tribunis qui pro augendo
Imperio consenuerant, darentur agri,
villæque, vt necessaria suppeterent,
quo ad viuerent, quas parochias vo­
cabant. And a litle after: verùm
inter feuda & parochias hoc inter­
est, quod hæ plerumque senibus, &
veteranis, plerisque emeritæ militiæ









dabantur, qui cum de Rep. bene me­
riti essent, publico beneficio reliquum
vitæ sustentabant aut si quod bel­
lum nasceretur, euocati non tam
milites, quàm magistri militum vide­
rentur. Feuda vero plurimum Iuue­
nibus robustis, & primo flore ætatis,
qui militiæ munus sustinere poterant: i­
mo verò & vt possent & vt vellent, &c. 

Parlament (parlamentum) is a
French word signifiing original­
ly as much as (Collocutio) or (col­
loquium) but by vse, it is also ta­
ken for those high courts of Iu­
stice throughout the kingdome
of Fraunce , where mens causes
and differences are publikely
determined without farder ap­
peale. Whereof there be seuen
in number: as Paris, Tolouse,
Gresnoble in Daulphene, Aix in
Prouence, Bordeaux, Diion in Bour­
gogine , and Roan in Normandy.
Vincentius Lupanus de Magistrat.
Franc. lib. 2. cap. Parlamentum.
num. 28. whereunto Gerard de
Haillon addeth the eighth. viz.
Rhenes in Brettagne.

In England we vse it for the
assembly of the king and the
three estates of the Realme,
videlicet. the Lords Spirituall,
the Lords Temporall, and com­
mons, for the debating of
maters touching the common
wealth, and especially the ma­
king and correcting of lawes.
which assembly or court is of all
other the highest, and of grea­
test authoritie, as you may reade
in Sir Thomas Smith. de Repub.
Anglo lib. 2. cap. 1. & 2. Camd.
Britan. pag. 112. and Cromptons
Iurisd. fol. pri. & seqq. The instituti­
on of this court Polydor Vir­
gil, lib. 11. of his Chronicles,
referreth after a sort to Henry
the first: yet confessing that it
was vsed before, though verie
seldome. I find in the former
prologue of the Grande Custu­
marie of Normandie, that the
Normans vsed the same meanes
in making their lawes. And I
haue seene a monument of An­
tiquite, shewing the maner of
houlding this parlament in the
time of King Edward the sonne
of King Etheldred , which (as
my note saith, was deliuered by
the discreeter sorte of the
Realme vnto William the Con­
querour, at his commaunde­
ment, & allowed by him. This
writing beginneth thus. Rex
est caput, principium, & finis par­
lamenti, & ita non habet pa­
rem in suo gradu. Et sic ex Rege
solo primus gradus est. Secundus
gradus est ex Archiepiscopis, Episco­
pis, Abbatibus, Prioribus per Baro­
nam tenentibus. Tertius gradus est,
de procuratoribus cleri. Quartus
gradus est de Comitibus, Baronibus,
& aliis Magnatibus. Quintus gra­
dus est de militibus Comitatuum.
Sextus gradus est de civibus &
Burgensibus: & ita est parlamen­









cum ex sex gradibus. sed sciendum,
licet aliquis dictorum quinque gradu­
um post Regem absens fuerit, dum
tamen omnes præmoniti fuerint per
rationabiles summonitiones, parla­
mentum nibilo minus censetur esse
plenum. Touching the great au­
thoritie of this court, I finde in
Stowes Annalls, pag. 660. that
Henry the sixth directing his
priuie seale to Richard Earle
of Warwicke , thereby to dis­
charge him of the Captain­
ship of Cales , the Earle refu­
sed to obey the priuie seale,
and continued forth the said
office, because he receiued it by
Parlament. But one example
cannot make good a doctrine.
And of these two one must
needes be true, that either the
king is aboue the Parlament,
that is, the positiue lawes
of his kingdome, or els that
he is not an absolute king.
Aristotle lib. 3. Politico. cap. 1 6.
And therefore though it be a
mercifull policie, and also a
politique mercie (not altera­
ble without great perill) to
make lawes by the consent
of the whole Realme, be­
cause so no one part shall
haue cause to complaine of a
partialitie: yet simply to binde
the prince to or by these lawes,
weare repugnant to the nature
and constitution of an absolute
monarchy. See Bracton. lib. 5.
tract. 3. ca. 3. nu. 3. and Cassan de
consuet: Burg: pag. 335. and Tira­
quel. in his booke De Nobilitate,
cap. 2 0. pag. 68. nu. 26. See the
statute anno 3 1. H. 8. cap. 8. in
proœmio. and many excellent
men more, that handle this
point. That learned Hotoman
in his Francogallia , doth vehe­
mently oppugne this ground,
as some other that write in
corners: but he is so cleane o­
verborne by the pois of rea­
son, that not onely many
meaner men for learning
triumph ouer him in this case,
but himselfe, as I haue credi­
bly hard, vpon the sight of
his fault, cried God and the
world mercie for his offence,
in writing that erroneous and
seditious booke. The Emperours
of Rome had their semestria
consilia , & their prætorium or place
of councell, builded by Augu­
stus in his palace, and therevp­
on called (palatium) afterward
termed (consistorium) where they,
as in their principall court, did
both determine the greatest
sort of their causes, and also
made their constitutions. And
heere had they assisting them
many of the wisest of their em­
pire; whome Augustus first
called (consiliarios,) Alexander Se­
verus afterward (scriniorum prin­
cipes) others after that (palati­
nos) and then (comites consistori­









anos) And these men in this
respect, were indued with great
honour, and enioyed many pri­
uiledges. Yet were they but assi­
stants to the Emperour to ad­
uise him, not chalenging any
power ouer him, or equal with
him. More touching the course
and order of this Parlament, see
in Cromptons Iurisdict. fol. pri. &
seqq. and Vowell, alias Hooker , in
his booke purposely writen of
this mater. See King.

Parole (Loquela) is a French
word, signifying as much as
(Dictio, allocutio, sermo, vox) It is
vsed in Kitchin, fol. 193. for a
plee in court. It is also some­
time ioyned with lease, as Lease
parol , that is Lease per parole. a
lease by word of mouth. 

Parson (Persona) commeth of
the French (Personne). It peculi­
arly signifieth with vs, the Re­
ctor of a church: the reason
whereof seemeth to be, bi­
cause he for his time repre­
senteth the church, and sustei­
neth the person thereof, as
well in siewing, as being siewed
in any action touching the
same. See Fleta. lib. 6. ca. 18.
Parson impersonee (persona imper­
sonata) is he that is in posses­
sion of a church, whether ap­
propriated or not appropriated.
for in the new booke of Entries,
verbo Ayde in Aunuity , you
haue these words. Et prædictus
A dicit, quod ipse est persona præ­
dictæ ecclesiæ de S. impersonata
in eadem ad præsentationem E. pa­
tronissæ, &c. So I haue reason to
thinke, that persona is the patron
or he that hath right to giue the
benefice, by reason that before
the Lateran councell he had
right to the tithes, in respect of
his liberalitie vsed in the ere­
ction or endowment of the
church, quasi sustineret personam
ecclesiæ. and he persona impersona­
ta to whome the benefice is
giuen in the patrons right. For
I reade in the Register Iudiciall
personam impersonatam , for the
Rector of a benefice presenta­
tiue and not appropriated, fol.
34. b. and see Dyer. fol. 40. nu.
72. where he saith that a
Deane and chapter be per­
sons impersonees of a bene­
fice appropriated vnto them.
who also fol. 2 21. num. 19.
plainly sheweth that persona
impersonata is he that is indu­
cted and in possession of
a benefice. So that persona see­
meth to be termed impersona­
ta , onely in respect of the
possession that he hath of the
benefice or Rectorie, be it ap­
propriated or otherwise, by the
act of another. And yet I haue
talked with men of good opini­
on in the common lawe, that
hold onely the proprietarie of









a benefice to be the person per­
sonee. But if that weare true, he
should rather be called person
parsonnier . i . partiarius vel
particeps fructuum , because
the Vicare hath some parte
toward his paines in ser­
uing the cure. For (parsonnier) in
the french tongue. is (partiarius) or
(particeps)

Partes finis nihil habuerunt, &c.
 is an exception taken against
a fine levied. Cookes reports lib.
3. the case of Fines. fol. 88.
a. b. 

Parters of gold and siluer. See
Finours.

Partitione facienda , is a writ
that lieth for those, which hould
lands or tenements Pro Indiuiso ,
and would seuer to euery one
his part, against him or them
that refuse to ioyne in partition
as Coparceners and Tenents in
Gauel kind, ould: nat. br. fol: 1 42.
Fitzh. nat. br. fol. 61. Register orig.
fol. 7 6. 316. and Register Iudiciall,
fol. 80. and the new booke of
Entrise. verbo Partition. 

Partlet , seemeth to be some
part of a mans attire, as name­
ly some loose collar of a dub­
let, to be set on or taken of
by it selfe. without the bodies,
as mens bands or womens nec­
kirchiefs be, which are in some
places, or at least haue beene
within memory, called partlets.
This word is reade in the sta­
tute, anno 24. H. 8. ca. 13. and
seemeth to be a diminutiue of
the word (part.)

Paruo nocumento , is a writ. See
Nusance.

Passage (Passagium) is a French
word, signifying transitum, transi­
tionem, meatum. It signifieth in
our common lawe, the hire that
a man payeth for being trans­
ported ouer sea, anno 4. Ed. 3.
cap. 7. or ouer any riuer. Westm.
2. cap. 2 5. anno 13. Ed. pri. 

Passagio , is a writ to the kee­
pers of ports, to let a man passe
ouer, that hath license of the
king. Register originall. fol. 193.
b. 19 4. a. 

Passeport , is compounded of
two French words (Passer. i. per­
ambulare, transire) and (port. i.
portus) It signifieth with vs, a
license made by any that hath
authoritie, for the safe pas­
sage of any man from one
place to another. anno 2. Ed. 6.
ca. 2. 

Pasuage, pasuagium. See  Paw­
nage. 

Patent (literæ patentes) is diffe­
rent from a writ, Cromptons
Iurisd fol. 1 2 6. The Coroner is
made by writ and not by pa­
tent. See Leters patents. See also
Literæ patentes in the table of
the Register, where you shall
finde the forme of diuers pa­
tents. 

Patron (Patronus) is vsed in









the Ciule lawe, for him that
hath manumitted a seruant,
and thereby is both iustly ac­
compted his great benefactor,
and challengeth certaine reve­
rence and dutie of him during
his life: see the title De iure
patronatus: in the Digest: with
the Feudists it is vsed pro au­
thore feudi. Hotom. verbo Patro­
nus , in his commentarie de verbis
feudal. In the canon lawe, as
also in the feuds, and our com­
mon lawe, it signifieth him
that hath the gift of a bene­
fice. And the reason is, be­
cause the gift of churches and
benefices originally belonged
vnto such good men, as either
builded them, or els indowed
them with some great part of
the reuenew belonging vnto
them. De iure patronatus in the
Decretals. Such might well be
called patrons, as builded the
Church, or inriched it: but
these that now haue the gift
of a benefice, are more com­
monly patronized by the
Church, though against her will,
alway selling their presentati­
ons as deerely as they can: and
therefore may be called Patroni
a patrocinando , as Mons à mouendo.
Patronum faciunt dos, ædificatio,
fundus , saith the old verse, Of
lay patrons one writeth thus.
Quod autem a supremis pontificibus
proditum est, (ca. cùm dilectus, extræ
de iure patro natus) laicos ius habe­
re presæntandi clericos Ordinariis: hoc
singulari favore sustinetur, vt alle­
ctentur laici, invitentur, & inducantur
ad constructionem ecclesiarum (c. quoni­
am. eodem) Nec omni ex parte ius
patronatus spirituale censeri debet,
sed temporale potius spirituali an­
nexum. (glos. in c. piæ mentis, 16. qu.
7.) These be Corasius words in his
paraphrase ad sacerdotiorum mate­
rium, parte pri. cap. 2. and parte. 4.
cap. 6. in principio , he thus writeth
of the same mater. Patroni in
iure Pontificio dicuntur qui alicuius
ecclesiæ extruendæ, aut alterius cu­
iuscunque fundationis ecclesiasticæ
authores fuerunt, ideoque præsentan­
di & offerendi clericum ius habent.
quem ecclesiæ vacanti præesse, &
in ea collatis reditibus frui velint.
Acquirunt autem hoc ius, qui de
Episcopi consensu vel fundant ec­
clesiam, hoc est, locum in quo
templum extruitur, assignant, vel
ecclesiam ædificant, vel etiam con­
structas ecclesias ante consecratio­
nem dotant. vt non valde sit ob­
scurum, ius patronatus quo de agi­
mus, finire, ius esse presentandi cle­
ricum ad ecclesiam vacantem ex
gratia ei concessum, qui consentien­
te Episcopo, vel construxit, vel dota­
vit ecclesiam. 

Pannage (Pannagium, aliâs pas­
nagium) or (pennagium) as it is
latined (in pupilla oculi) may be
probably thought to come of the
French (panez) or (panets) which









is a roote something like a par­
snep, but somewhat lesse and
ranker in taste, which hogs in
Fraunce feede vpon, though it
be eaten by men also; and the
French may seeme to come of
the latine (panicium) . i. that
which men vse in the steede of
bread (Isodorus) or (panicium) of
the French. It signifieth in our
common law, the mony taken by
the Agistors for the feede of hogs
with the mast of the kings fo­
rest : Crompton. Iurisd. fol. 165.
Westm. 2. cap. 25. anno 13. Ed.
pri. with whom M. Manwood
parte pri : of his forest lawes a­
greeth in these words : Agist­
ment is properly the common of
herbage of any kinde of ground,
or land, or woods, or the mo­
ney due for the same: and paw­
nage is most properly the mast of
the woods, or lands, or hedge­
rowes, or the money due to the
owner of the same for it. But
this learned man in his second
part. cap. 12. where he writeth
at large of this, driueth the word
from the greekeπανί??γυρις at
the which (I thinke) he smiled
himselfe when he set it downe.
Lindwood defineth it thus: Panagi­
um est pastus pecorum in nemoribus
& in syluis, vtpote de glandibus &
aliis fructibus arborum syluestrium,
quarum fructus aliter non solent
colligi. titulo de decimis. ca. san­
cta. verb : Pannagiis. M. Skene
de verborum signf. calleth it pan­
nagium , and defineth it to be the
duty giuen to the king, for the
pasturage of swine in his forest.
The French word for the same
thing is (panage) or (glandee) . i.
glandatio, vel glandium collectio, &
pastio suum ex glandibus. And we
surely take it from the French,
whence they had it, or what eti­
mologie they make of it, let
themselues looke. 

Peace (pax) in the generall
signification is opposite to warre
or strife. But particularly it signi­
fieth with vs, a quiet and harm­
lesse cariage, or behauiovr to­
ward the king and his people.
Lamb. eirenarcha. li. 1. ca. 2. pag.
7. And this is one way prouided
for all men by oath, as you may
read in Frank pledge , but more e­
specially in case, where one par­
ticular man or some few goe in
daunger of harme from some o­
ther. For vpon his oath made
thereof before a Iustice of peace,
he must be secured by good
bond. See Lamb. eirenarcha lib.
2. c. 2. p. 77. See also Cromptons Iu­
stice of peace. fol. 118. b. &c.
vsque f. 1 29. This among the Ciuilians
is called cautio de non offendendo.
Gail, de pace publ. lib. pri. c. 2. nu. 1. 

Peace of God and the church,
(pax Dei & ecclesiæ) is auncient­
ly vsed for that rest, which the
kings subiects had from trouble
and suite of law, betweene the









termes. See Vacation.

Peace of the King. anno. 6. R.
2. stat. pri. ca. 13. is that peace
and securitie both for life and
goods, which the King promi­
seth to all his subiects or others
taken to his protection. See
S uite of the kings peace. This
pointe of policie seemeth to
haue beene borowed by vs
from the Feudists. for in the
second booke of the feuds, there
is a chapter viz. the 5 3. chapter
intituled thus. De pace tenenda
inter subditos, & iuramento firman­
da, & vindicanda, & de pœna iu­
dicibus apposita, qui eum vindicare
& iustitiam facere neglexerint , the
contents of which chapter is a
Constitution of Fredericke the
first, as Hotoman there proueth,
expounding it very learnedly
and like himselfe. Of this kings
peace, Roger Houeden setteth
downe diuers branches, parte po­
ster. suorum annalium. in Henr. 2.
fol. 34 4. a. b. and fol. 4 30. b.
he mentioneth a forme of an oth
which Hubert Archbishop of
Canterburie , and chiefe Iustice
of England in R. the first his daies,
sent through the whole realme,
to be taken by the kings sub­
iects. See Deciners. See Suertie
of peace. There is also the peace
of the Church, for which, see
Sanctuarie. And the peace of the
kings high way, which is the
immunitie that the kings high
way hath, from all annoyance
or molestation. See Watling street.
The peace of the plowe, where­
by the plow and plow catell
are secured from distresses. For
which, see Fitz. nat. br. fol. 90.
A. B. So Fayres may be said to
haue their peace, because noe
man may in them be troubled
for any debt elsewhere contra­
cted. See  Fayre.

Pedage (pedagium) signifieth
money giuen for the passing
by foote or horse through any
countrey. extra de Censibus, ca.
Innovamus. I reade not this
word in any English writer,
but onely the author of the
booke called pupilla oculi. parte
9. cap. 7. A. D. I thinke we ra­
ther vse passage for it. Pedagia
dicuntur quæ dantur â transeunti­
bus in locum constitutum à prin­
cipe. Et capiens pedagium debet
dare saluum conductum, & terri­
torium eius tenere securum. Baldus
in vsibus Feudorum. de pa. iura. fir.
§. Conventionales. Cassan. de con­
suetud. Burg. pag. 118. hath these
wordes, Pedagium a pede dictum
est, quòd à transeuntibus solvitur,
&c. 

Peere (pila) seemeth properly
to be a fortresse made against
the force of the sea, for the
better securitie of ships, that
lye at harbour in any hauen. So
is the peere of Douer described
in M. Camd. Brit. p. 259. in meo. 









Peeres (pares) commeth of the
French (per. i. par) it signifieth
in our common lawe, plurally
those, that are empaneled in an
Enquest, vpon any man for the
conuicting and clearing him of
any offence, for the which he is
called in question. And the rea­
son thereof is, because the course
and custome of our nation is, to
trie euery man in this case by his
equals. West prim. cap. 6. anno 3.
E d. prim. So Kitchin vseth it. fol.
7 8. in these wordes: Mais si le a­
merciament soit affirre per pares.
And this word in this significa­
tion, is not in vse with vs onely,
but with other nations also.
For pares sunt conuasalli, quorum
sententiá vasallus propter feloniam
est condemnatus. Barklaius de Re­
gno, lib. 4. cap. 2. Et pares sunt qui
ab eodem domino feudum tenent, lib.
prim. Feudor. cap. 26. But this
word is most notoriously vsed
for those that be of the Nobili­
tie of the Realme, and Lords of
the Parlament, and so is it vsed
in Stawnf. pl. of the Crowne, lib.
3. cap. Triall per les Peeres , being
the first. The reason whereof
is, because though there be a di­
stinction of degrees in our Nobi­
litie, yet in all publike actions
they are equall: as in their voices
in Parlament, and in passing v­
pon the triall of any Noble man,
&c. This appellation seemeth
to be borowed from Fraunce ,
and from those twelue Peeres,
that Charles the Great, (or Lewis
the younger, in some mens opi­
nion) instituted in that king­
dome, which be next vnto the
King, and are of like dignitie a­
mong themselues, touching their
power in publike affaires. Of
whome you may reade Vincen­
tius Lupanus de magistrat. Fraun­
ciæ lib , 1. cap. Pares Fraunciæ. So
that we though we haue bo­
rowed the appellation, and ap­
plied it with some reason to all
that are Lords of the Parla­
ment, yet haue wee no sett
number of them, because the
number of our Nobles, may
be more or lesse, as it plea­
seth the King. 

Pelota , is a word vsed in the
booke called (pupilla oculi) par­
te 5. cap. 22. signifying the ball
of the foot, of the French
(pelote.) i. pila. 

Pein fort & dure. See Pain fort
& dure.

Pelt wooll , is the woll pul­
led off the skinne or pelt of
dead sheepe, anno 8. H. 6.
cap. 22. 

Penon, anno 11. R. 2. cap.
prim. is a Standard, Banner, or
Ensigne, caried in warre. It is
borowed from Fraunce: for
pennon in the French language
signifieth the same thing. See
Baneret: yea reade this word,
anno 11. R. 2. cap. 1. 









Penue : See Baye.Not identified.

Peper, (piper) is a spice known
in a manner to euery childe,
beeing the fruite of a plant,
that is betweene a tree and
an herbe: of whose diuersities
and nature, you may reade Ge­
rards herball, lib. 3. cap. 146.
This is set among merchandize
that are to be garbled. anno , 1.
Iacob. cap. 19. 

Peper lowse, anno , 32. H. 8
cap. 14. 

Per, cui, & post, See Entrie.

Perambulatione facienda , is a
writ, that is siewed out by two
or more Lords of maners, lying
neere one another, and consen­
ting to haue their bounds seue­
rally knowne. It is directed to
the Shyreeue, commanding him
to make perambulation, and to
set downe their certaine limits
betweene them. Of this reade
more at large in Fitz. nat. br. fol.
133. See Rationabilibus diuisis.
See the Regist. orig. fol. 157. and
the new booke of Entrics, verbo,
Perambulatione facienda. 

Perche (pertica) is a French
word, signifying a long pole.
It is vsed with vs for a Rodde or
Pole of 16. foote and a halfe
in length. Whereof 40. in length
and foure in bredth make an acre
of ground. Cromptons Iurisd. fol.
222. Yet by the custome of the
countrie it may be longer, as he
there saith. For in the Forest of
Sheerewood it is 25. foot, fol. 224.
M. Skene de verbor. signif. verbo ,
Particata terræ , saith, that partica­
ta terræ is a Roode of land: where
he hath also these wordes in
effect: Three beere cornes with­
out tayles set together in length
make an inch: of the which
cornes one should be taken
of the midde ridge, one of the
side of the ridge, another of
the furrow. Twelue inches make
a foot of measute: three foote
and an inch make an elne; sixe
elnes long make one fall. which
is the common lineall measure,
and sixe elnes long, and sixe
broade, make a square and su­
perficiall fall of measured land.
And it is to be vnderstood, that
one rod, one raip, one lineall fall
of measure, are all one, for each
one of them containeth sixe
elnes in length. Howbeit, a rod
is a staffe or pole of wood, a
raipe is made of tow or hempe.
And so much land as falleth vn­
der the rod or raipe at once, is
called a fal of measure, or a lineal
fall: because it is the measure of
the line or length onely. Like as
the superficiall fall is the mea­
sure both of length and bredth.
I tem , tenne fals in length and
foure in bredth make a Roode;
foure Roodes make an acre, &c.
This is the measure of Scotland,
whereof you may reade more in
the same place. 









Perdonatio vtlagariæ , in the Re­
gister iudiciall, fol. 2 8. is the forme
of pardon for him, that for not
comming to the kings court is
outlawed, and afterward of his
owne accord yeldeth himselfe to
prison. 

Peremptorie (peremptorius) com­
meth of the verb (perimere) to
cut of, and ioyned with a sub­
stantiue (as action or exception)
signifieth a finall and determi­
nate act without hope of renew­
ing. So Fitzh. calleth a peremp­
tory action, nat. br. fol. 35. P. fol.
38. M. fol. 1 04. O. Q. R. fol.
108. D. G. and non-suite pe­
remptorie. idem, eodem, fol. 5. N.
F. fol. 11. A. peremptory excep­
tion. Bracton li. 4. ca. 20. Smith
de rep. Anglorum, li. 2. ca. 13. cal­
leth that a peremptory excepti­
on, which can make the state and
issue in a cause. 

Perinde valere , is a dis­
pensation graunted to a clerk,
that being defectiue in his
capacity to a benefice or other
ecclesiasticall function, is de facto
admitted vnto it. And it hath the
appellation of the words which
make the faculty as effectuall to
the party dispensed with, as if he
had bene actually capable of the
thing, for which he is dispensed
with, at the time of his admission. 

Perkins , was a learned Lawyer,
fellow and bencher of the inner
Temple, that liued in the daies
of Edwvrd the 6. and Queene Ma­
ry. He writ a booke vpon diuers
points of the common law of
very great commendation. 

Permutatione Archidiaconatus
& ecclesiæ eidem annexæ, cum ec­
clesia & præbenda , is a writ to
an Ordinary commaunding him
to admit a clerk to a benefice,
vpon exchaunge made with ano­
ther : Register orig. fol. 307. a. 

Pernour of profits , commeth of
the French verb (prendre. i. acci­
pere) and signifieth him that ta­
keth: as pernour of profits, anno 1.
H. 7. ca. pre. Pernour de profits ,
and cesti que vse is all one, Coke li.
i. casu Chudley. fol. 1 23. a. See
Pernour, anno 21. R. 2. ca. 15. 

Per quæ seruitia , is a writ iudi­
ciall issuying from the note of a
fine, and lyeth for the cognizee
of a maner, seignory, cheife rent,
or other seruices, to compell him
that is tenent of the land at the
time of the note of the fine leui­
ed, to atturne vnto him. West
parte 2. symbol. titulo Fines. sect.
126. To the same effect speaketh
the old nat. br. fol. 155. See also
the new booke of Entries. verbo
Per quæ seruitia. 

Perquisite (perquisitum) signifi­
eth, in Bracton , any thing pur­
chased, as perquisitum facere. lib.
2. cap. 30. nu. 3. & lib. 4. ca. 2 2.
Perquisites of court, be those
profits that grow vnto the Lord
of a maner, by vertue of his









Court Baron, ouer and aboue the
certaine and yearely profits of
his land, as escheats, mariages,
goods purchased by villeines,
fines of copie houlds, and such
like. New terms of the law. 

Person. See Parson.

Personable , signifieth as much
as inhabled to hould or maine­
taine plee in a court. for example:
The demaundant was iudged
personable to maintaine this a­
ction. old. nat. br. fol. 142. and in
Kitchin fol. 214. The tenent plea­
ded that the wife was an alien
borne in Portingall without the
ligeance of the King, and Iudge­
ment was asked whether she­
would be answered. The plain­
tife saith: shee was made perso­
nable by Parlament, that is,
as the Ciuilians would speake
it, habere personam standi in iudi­
cio. Personable is also as much,
as to be of capacitie to take any
thing graunted or giuen. Plow­
den, casu Colthirst. fol. 27. b. 

Personall (Personalis) hath in
our common lawe, one strange
signification being ioyned with
the substantiue, things, goods, or
Chatels: as things personall,
goods personall, Chatels perso­
nall, for thus it signifieth any
corporeall, and moueable thing
belonging to any man, be it
quicke, or dead. So is it vsed in
West, parte 2. symbol. titulo Indite­
ments, sect. 58. in these words.
Theft is an vnlawfull felonious
taking away of another mans
moueable personall goods. and
againe, fol. 61. Larceny is a felo­
nious taking away of another
mans moueable personal goods,
& Kitchin f. 139. In these words:
Where personall things shalbe
giuen to a corporation: as a
horse, a cowe, an oxe, sheepe,
hogs, or other goods, &c. and
Stawnford pl cor. fo. 25. Contrecta­
tio rei alienæ , is to be vnderstood
of things personall: for in things
reall it is not felony, as the cut­
ting of a tree is not felony.
The reason of this application,
see in Chatell.

Personalty (Personalitas) is an
abstract of personall. The acti­
on is in the personalty. old. nat. br.
fol. 92. that is to say, brought a­
gainst the right person, or the
person against whome in lawe,
it lieth. I find these contrary
words. (Personalitas & Impersona­
litas) in the author of the booke
called vocabularius vtriusque iuris: as
for example, Personalitas signifi­
catur per has dictiones: tu, mihi, ego,
tibi, cum alio significato quod pro­
babilitèr concluditur: & si nullo modo
concludatur, tunc est Impersonali­
tas, quia actum vitiat, prout ratio
dictat. verbi gratia. Ego stipulor:
constituis te mihi soluturum debi­
tum a Titio mihi debitum: Tu re­
spondes, Satisfiet. Hæc Impersonali­
tas non contrahit obligationem. 

Persons ne Præbendaries ne se­









ront charges as quinsimes, &c. is
a writ that lyeth for preben­
daries or other spirituall per­
sons, being distreined by. the
shyreeue, or collectours of fif­
teenths, for the fiftenth of their
goods, or to be contributory
to taxes. Fitzh. nat. br. fol. 176. 

Pesterable wares , seeme to be
such wares, as pester and take
vp much roome in a shippe, an­
no 3 2. H. 8. cap. 14. 

Peter pence (Denarii Sancti Pe­
tri) otherwise called in the Sax­
on tongue Romefeoh. i. the fee
of Rome, or due to Rome, and
also Romescot , and Rome penning ,
was a tribute giuen by Inas
King of the west Saxons being
in pilgrimage at Rome, in the
yeare of our Lord. 720. which
was a peny for euery house.
Lamberds explication of Saxon
words. verbo Numus. whome see
also fol. 128. in Saint Edwards
lawes. nu. 10. where it is thus
writen. Omnes qui habent 3 0.
denariatus viuæ pecuniæ in domo
sua de suo proprio, Anglorum lege
dabit denarium Sancti Petri, & lege
Danorum, dimidiam merkam: Iste
verò denarius debet summoniri in
solennitate Apostolorum Petri &
Pauli, & colligi ad festivitatem, quæ
dicitur ad vincula: ita vt vltra
illum diem non detineatur. Si quis­
piam detinuerit, ad Iusticiam Re­
gis clamor deferatur, quoniam dena­
rius hic Regis eleemmozina est,
Iusticia vero faciat denarium red­
dere, & forisfacturam Episcopi &
Regis. Quòd si quis domos plures ha­
buerit, de illa, vbi residens fuerit in
festo Apostolorum Petri & Pauli,
denarium reddat. See also King
Edgars lawes, fol. 78. cap. 4.
which containeth a sharpe
constitution touching this ma­
ter, Stowe in his Annals, pag. 67.
saith, that he that had 20. pe­
niworth of goods of one maner
catell in his house, of his owne
proper, was to giue a penie
at Lammas yearly. See Romescot.

Petit Cape. See Cape.

Petit Larceny (parvum latroci­
nium) See  Larcenye.not in OED as headword

Petit treason (parua traditio) in
true French is (petit trabizon. i.
proditio minor) treason in a lesser
or lower kinde. For whereas
treason in the highest kinde, is
an offence done against the se­
curitie of the common wealth,
West parte 2. symb. titulo Indite­
ments, sect. 63. petit treason is of
this nature, though not so expres­
ly as the other. Examples of
petit treason you shall find to
be these; if a seruant kill his ma­
ster, a wife her husband, a secu­
lar or religious man his prelate,
anno 25. Edward 3. cap. 2. Where­
of see more in Stawnf. pl. cor. lib.
1. cap. 2. See also Cromptons
Iustice of peace. fol. 2. where he
addeth diuers other examples to
those of Stawnford. For the pu­









nishment of petit treason, see
the statute, anno 22. H. 8. cap. 14.
and Crompton vbi supra. 

Petition (Petitio) hath a general
signification for all intreaties
made by an inferiour to a supe­
riour, and especially to one ha­
uing iurisdiction: But most es­
pecially it is vsed for that reme­
die, which the subiect hath to
helpe a wrong done, or preten­
ded to be done by the King.
For the King hath it by prero­
gatiue, that he may not be siew­
ed vpon a writ. Stawnf. prær. cap.
15. whome also read cap. 22.
And a petition in this case is ei­
ther generall, or speciall. It is
called generall of the generall
conclusion set downe in the
same. viz, que le Roy lui face droit
& reison. that the King doe
him right and reason: where­
vpon followeth a generall in­
dorsement vpon the same. soit
droit fait aux partis. let right be
done to the partise. Petition spe­
ciall is where the conclusion
is speciall for this or that: and
the Indorsment to that is like­
wise speciall. See the rest cap.
2 2. 

Petra lanæ , a stone of wooll
See Stone.

Philiser, See Filazer.

Piccage (Piccagium) is money
paid in faires for breaking of
the ground to set vp boothes
or standings. 

Picle, aliâs pitle , seemeth to
come from the Italian (piccolo
vel picciolo. i. parvus, minutus) and
signifieth with vs a little small
close or inclosure. 

Pienour , commeth of the
French (Pionnier. i. fossor) and
signifieth such labourers, as are
taken vp for the Kings host to
cast trenches, or vndermine forts
anno 2. & 3. Ed. 6. cap. 2 0. 

Piepowders court (Curia pedis pul­
verizati) commeth of two French
words (pied. i. pes) and pouldreux. i.
pulverulentus) It signifieth a court
held in faires for the redres of all
disorders committed within them:
which because it is summarie,
de plano, & sine figura iudicii , it
hath the name of dustie feete,
which we commonly get by sitting
neere the ground: of this see
Cromptons Iurisd. fol. 22 1. Reade
M. Skene. de ver. signif. verbo Pede­
pulverosus: which word he re­
porteth to signifie a vagabond,
especially a merchant, which
hath no place of dwelling, where
the dust may be wiped of his
feet or shoocs, & therefore must
haue iustice summarily ministred
vnto him. viz. within three flow­
ings and three ebbings of the
sea. Bract. calleth it Iustitiam pe­
poudrous, li. 5. tract. 1. ca. 6. nu. 6.
Of this court reade the statute
anno 17. Ed. 4. cap. 2. 

Pille of Foddray , in the coun­
tie of Lancaster, an. 2. H. 6. ca. 5.









seemeth to be a creeke, and cal­
led pille by the ideom of the
country for pile: for the which
see Pile.

Pillorie (Collistrigium, Pillorium)
 commeth of the French (Pilo­
rie) which may seeme to smell
of the greeke, and to proceede
from (πυλη) because one stan­
ding on the pillory putteth
his head through a kind of
doore. i. ianua: & οεαω . i. video : it
signifieth all one thing with
it, sauing that the French is vsed
for a tumbrell, as well as for
that which we call the pillorie.
There is a statute made of the
pillorie. anno 51. H. 3. wherein
you may see who were then
subiect to this punishment. This
was among the Saxons called
Healsfang of (Heals) a necke
and (Fang) to take, Lamb. expli­
cation of Saxon words. verbo.
Mulcta. 

Pipe (pipa) seemeth to be a
rolle in the exchequer, otherwise
called the great rolle, anno 37.
Ed. 3. ca. 4. See Clerke of the pipe.
It is also a measure of wine or
oile conteining halfe a tunne,
that is sixe score & sixe gallons,
anno 1. R. 3. cap. 13. 

Piscarie (piscaria) commeth
of the French (pescharie i. pisca­
tio) It signifieth in our common
lawe, a libertie of fishing in an
other mans waters. 

Pittle. See Picle.

Placard, anno 2. & 3. Ph. &
Mar. cap. 7. is a licence whereby
a man is permitted to main­
taine vnlawfull games. 

Plaint (Querela) is a French
word, signifiing as much as Que­
stus, querimonia. In our common
law, it is vsed for the propoun­
ding of any action personall or
reall in writing. So it is vsed in
Brooke, titulo. Plaint in Assise. And
the party making this plaint, is
called plaintife: Kitchin, fol. 2 31. 

Plea (placitum) commeth of
the French (ploid. i. lis. controver­
sia) . It signifieth in our com­
mon lawe, that which either
partie alleadgeth for himselfe
in court. And this was wont to
be done in French from the
Conquest vntill Edward the 3.
who ordeined them to be done
in English. a. 36. cap. 1 5.
Pleas are diuided into pleas
of the Crowne, and common
pleas. Pleas of the Crowne in
Scotland be 4. roberie, rape,
murder, and wilfull fire, Skene de
verb. sign. verb. Placitum. with
vs they be all suites in the
Kings name against offences
committed against his Crowne
and dignitie. Stawnf. pl. cor. cap.
1. or against his Crowne and
peace. Smith. de Repub. Angl.
li. 2. cap. 9. And those seeme to
be treasons, felonies, misprisi­
ons of either, and mayhem. For
those onely doth that reverend









Iudge mention in that tractat.
Common pleas be those that be
held betweene common per­
sons. Yet by the former defini­
tions, these must comprise all
other, though the king be a par­
tie. Plea may farder be diuided
into as many braunches as A­
ction, which see. For they sig­
nifie all one. Then is there a Fo­
rein plea, whereby mater is al­
leadged in any court that must
be tried in another. As if one
should lay Bastardy to ano­
ther in a court Baron. Kitchin.
fo. 75. The word (placitum) is
vsed by the Commentours v­
pon the Feuds in the same sig­
nification that pleas be with
vs. And (placitare) with
them is (litigare, & causas age­
re. Hotom, in verb. feudal. verb.
Placitare. 

Pledge (Plegius) com­
meth of the French (Pleige.
i. fide iussor) Pleiger aucun. i.
sideiubere pro aliquo. In the
same signification is Plegius
vsed by Glanuile. libro deci­
mo, capite quinto , and Plegiatio
for the act of suretiship in
the interpreter of the Grand
Custumarie of Normandie, ca­
pite 60. Plegii dicuntur per­
sonæ quæ se obligant ad hoc,
ad quod qui eos mittit tene­
batur. And in the same
booke, capit. 89. & 90.
Plegiatio is vsed as Glanuile
before doth vse it. Salui
plegii , be vsed for plegii, pu­
pill. oonli, parte quint. ca­
pit. 2 2. Charta de Foresta.
This word plegius is vsed al­
so for Frank pledge some­
time, as in the ende of
William Conquerours lawes set
out by Master Lamberd in his
Archaionom. fol. 125. in
these words. Omnis homo qui
voluerit se teneri pro libero, sit
in plegio, vt plegius eum ha­
beat ad Iusticiam, si quid of­
fenderit, &c. And these be
called capitall pledges. Kit­
chin. folio decimo. See Frank
pledge.

Plena forisfactura , and plena
vita , see Forfeiture.

Plegiis acquietandis , is a writ
that lieth for a suretie a­
gainst him, for whome he is
suretie, if he pay not the mo­
ney at the day. Fitzh. nat.
br. fol. 137. Regist. original.
1 58. a. 

Plenartie , is an abstract of
the adiectiue (plenus) and
is vsed by our common Law­
yers in mater of benefices.
Wherein plenartie and vacati­
on be meerely contrarie.
Stawnford. prærogativ. cap.
octau. fol. 32. West. se­
cundo, capit. quint. anno 1 3. Ed­
vard. pri. 

Plevin (pleuina) commeth of
the French (pleuine. i. sponsio)









See  Replevin.

Plite of Lawne, &c. anno 3. Ed.
4. cap. 5. seemeth to be a certaine
measure, as a yard, or elle,
&c. 

Plonkets, anno 1. R. 3. cap. 8. is
a kind of wollen cloth. 

Pluries , is a writ that goeth
out in the third place. For first
goeth out the originall Capias:
which, if it speed not, then go­
eth out the Sicut aliâs: and if
that faile, then the Pluries. See
old nat. br. fol. 33. In the writ
De excom. capiendo , see in what
diuersitie of cases this is vsed in
the Table of the original Regist. 

Pole. See Perch.

Polein, anno 4. Ed. 4. cap. 7.
 seemeth to be a sharpe or pic­
ked toppe set in the forepart of
the shooe or boote. This fa­
shion was first taken vp in Ri­
chard the seconds dayes, the
pickes being made so long as
they were tyed vp to the knees
with siluer or golden chaines, and
forbidden by Edward the fourth.
Stow pag. 4. 

Policie of assurance , is a course
taken by those which do aduen­
ture wares or merchandize by
sea, whereby they, lothe to ha­
zard their whole aduenture, do
giue vnto some other a certaine
rate or proportion, as tenne in
the hundred, or such like, to se­
cure the safe arriuall of the ship,
and so much wares at the place
agreed vpon. So that if the ship
and wares do miscarie, the assu­
rer maketh good to the venturer
so much as he promiseth to se­
cure, as 20. 30, 100. more or
lesse: and if the ship do safely
ariue, he gaineth that clearely
which the venturer compoun­
deth to pay him. And for the
more euen dealing betweene the
venturer and the securer in this
case, there is a certaine Clerk or
officer ordained to set downe
in writing the summe of their
agreement, that they afterward
differ not betweene themselues
vpon the bargaine. This is in
course Latine elsewhere called
assecuratio. This terme you haue
anno 4 3. Eliz, cap. 11. 

Pondage. See Poundage.

Pone , is a writ, whereby a
cause depending in the County
court, is remoued to the com­
mon Banke. old nat. br. fol. 2. See
in what diuersitie of cases it is
vsed, in the table of the Origi­
nall Register. 

Pone per vadium , is a writ com­
maunding the Shyreeue to take
suretie of one for his appearance
at a day assigned: of this see fiue
sorts in the table of the Register
Iudic. verbo, Pone per vadium. 

Ponendis in Assisis , is a writ
founded vpon the statute of
Westm. 2. cap. 38. and vpon the
statute Articuli super chartas, cap.
9. which statutes do shew, what









Persons Vicounts ought to im­
panell vpon Assises and Iuries,
and what not: as also what num­
ber he should empanell vpon Iu­
ries and Inquests, which see in
the Register orig. fol. 178. a. and
in Fitz. nat. br. fol. 165. 

Ponendo in ballum , is a writ
whereby to will a prisoner held
in prison, to be committed to
baile in cases baylable. Register
orig. fol. 133. b. 

Ponendo sigillum ad exceptio­
nem , is a writ whereby the king
willeth Iustices, according to the
statute of Westm. 2. to put their
seales to exceptions laid in a
gainst the plaintiffes declaration
by the defendant. 

Pontage (pontagium) is a con­
tribution toward the mainte­
nance or reedifying of bridges
Westm. 2. cap. 2 5. anno 1 3. Ed.
pri. It may be also tolle taken to
this purpose of those that passe
ouer bridges, anno 39. Eliz. cap.
2 4. anno 1. H. 8. cap. 9. and see the
statute, anno 22. H. 8. cap. 5. 

Pontibus reparandis , is a writ
directed to the Shyreeue, &c.
willing him to charge one or
more to repaire a bridge, to
whom it belongeth. Regist. orig.
fol. 153. b. 

Portgreue (portgreuuis) is com­
pounded of two words (port) &
(greue) or (graue) i. prafectus. It
signifieth with vs the chiefe ma­
gistrate in certaine coast townes,
and as M. Camden saith in his
B ritan. pag. 3 2 5. the chiefe magi­
strate of London was termed by
this name: in steed of whom Ri­
chard the first ordained two Bay­
liffes; but presently after him,
King Iohn granted them a Maior
for their yearely Magistrate. 

Porter of the doore of the Parla­
ment house , is a necessary officer
belonging to that high court, &
enioyeth the priuiledges accor­
dingly. Cromptons. Iurisd. fol. 11. 

Porter in the circuit of Iustices , is
an officer that carieth a verge or
white rodde before the lustices
in Eyre , so called, a portando vir­
gam, anno 1 3. Ed. 1, cap. 24. 

Porter bearing verge (virgator)
 before the Iustices of either
bench, anno 13. Ed. 1, cap. 4 1.
See Vergers.

Portemote , is a word com­
pounded of (port. i. portus) and
the Saxon (Gemettan. i. conuenire)
or of the French (mot. i. dictio,
verbum.) It signifieth a Court
kept in hauen townes, as Swain­
mote in the Forest. Manwood, parle­
prim. of his Forest lawes, pa. 111.
It is sometime called the Port­
moote Court, anno 4 3. Eliz cap. 15. 

Portsale, anno 35. H. 8. cap. 7.
id est , sale of fish presently vpon
returne in the hauen. 

Possession (possessio) is vsed two
waies in our common lawe. First
for lands and inheritance: as, he
is a man of large possessions. In









which signification it is also vsed
among the Ciuilians sc : for the
thing possessed, l. possessionum: Cod.
commun, vtriusque Iudic. Next,
for the actuall enioying of
that, which either in truth or
pretence is ours. And in this
signification there is possession
indeed, and possession in lawe:
pl. cor. fol. 198. The example
there is this: Before or vntill
an office to be found, the king
hath onely possession in law, and
not in deed, speaking of the
lands escheated by the attainder
of the owner. See prærog. fol. 54.
&. 55. In this signification al­
so there is an vnitie of possession,
which the Ciuilians call Consoli­
dationem. Take an example out
of Kitchin, fol. 134. if the Lord
purchase the tenancie held by
Heriot seruice, then the He­
riot is extinct by vnity of posses­
sion: that is, because the seig­
neurie and the tenancie be now
in one mans possession. Many
diuisions of possession you may
reade in Bracton. lib. 2. cap. 17.
per totum. 

Post. See Per.

Post diem , is a returne of a
writ after the day assigned for
the returne: for the which, the
Custos breuium hath foure pence,
whereas he hath nothing, if
it be returned at the day. or
it may be the fee taken for
the same. 

Post fine , is a duty belonging
to the king for a fine formerly
acknowledged before him in
his court which is paid by the
cognizee, after the fine is fully
passed, and all things touching
the same wholly accomplished.
The rate thereof is so much and
halfe so much, as was payed to
the king for the fine, and is ga­
thered by the Shyreeue of the
Countie where the land, &c. ly­
eth, whereof the fine was le­
uyed, to be aunswered by him
into the Exchequer. 

Post terme , is a returne of a
writ, not onely after the day
assigned for the returne there­
of, but after the terme also,
which may not be receiued by
the Custos brevium , but by the
consent of one of the Iudges:
it may be also the fee which
the Custos breuium taketh, for the
returne thereof, which is twen­
ty pence. 

Postea , is a word vsed for a
mater tried by Nisi prius , and re­
turned into the court of com­
mon pleas for Iudgement, and
there afterward recorded. See
Plowden, casu Saunders. fol. 211.
a. See an example of this in Sir
Edw. Cokes reports. volum. 6.
Rowlands case. fol. 41. b. & 4 2.
a. See Custos breuium.

Post disseisin (post disseisina) is a
writ giuen by the statute of West.
2. cap. 26. and lyeth for him that









hauing recouered lands or te­
nements by (præcipe quod reddat)
vpon default, or reddition, is
againe disseised by the former
disseisour. Fitz. nat. br. fol. 190.
see the writ that lyeth for this
in the Register originall, fol.
208. a. 

Posteriority, (posterioritas) is a
word of comparison and relati­
on in tenure, the correlatiue
whereof is prioritie. For a man
holding lands or tenements of
two lords, holdeth of his aunci­
enter Lord by prioritie, and of
his later Lord by posterioritie.
Stawn. prærog. fol. 10. & 11. when
one tenent holdeth of two
Lords, of the one by prioritie, of
the other by posterioritie, &c.
old nat. br. fol. 94. 

Pourchas (perquisitum) com­
meth of the French (pourchasser ,
i. sollicitare, ambire :) it signifieth
the buying of lands or tene­
ments with money or other a­
greement, and not the obtai­
ning of it by title or discent.
Coniunctum perquisitum. Ioynt
pourchase. Regist. originall. fol.
343. b. 

Pour faire proclaimer, que nul
vniect fimes ou ordures en fosses
ou riucrs pres cities, &c. is a writ di­
rected to the Maior, Shyreeue
or Bayliffe of a citie or towne,
commanding them to proclaime,
that none cast filth into the
ditches or places neare adioy­
ning: and if any be cast alreadie,
to remoue it. This is founded
vpon the statut, anno 12. Rich. 2.
cap. 13. Fitzherb. nat. br. fol.
176. 

Pourparty (propars, propartis,
vel propartia) is contrarie to
(pro indiuiso) For to make pour­
party is to diuide, and seuer the
landes that fall to Parcenors ,
which before partition they
hold ioyntly, and pro indiuiso old.
nat. br. fol. s1. 

Pourpresture (pourprestura, vel
porprestura, vel poraprestura) see­
meth to come from the French
(pourpris i. censeptum.) It is thus
defined by Clanuile, lib. 9. cap.
11. Pourprestura est propre, quando
aliquid super Dominum Regem in­
iustè occupatur. Vt in Dominicis
Regis, vel in vits publicis obstru­
ctis, vel in aquis publicis trans­
uersis a recto cursu: vel quando ali­
quis in ciuitate super Regiam pla­
team aliquid ædificando occupauorit;
& generaliter, quoties aliquid fir ad
nocumentum Regii tenements, vel
Regiæ viæ, vel ciuitatis, Crompton.
in his Iurisd. fol. 152. defineth
it thus Pourpresture is properly
when a man taketh vnto himself
or incrocheth any thing that he
ought not, whether it be in any
Iurisdiction, land or fraunchis;
and generally, when any thing
is done to the Nusance of the
kings tenents. Et idem, eodom, fol.
203. saith to the same effect, but









more at large. See Kitchin, fol.
10. and Manwood, parte prim. of
his Forest lawes, pag. 169. &
parte 2. cap. 10. per totum. See
Skene de verbor. signif. verb. Pur­
presture. Where he maketh three
sorts of this offence: one against
the King, the second against the
Lord of the fee: the third, against
a neighbour by a neighbour ly­
ing neare him. 

Pour seisir terres la femme que ti­
ent en Dower, &c. is a writ where­
by the King seiseth vpon the
land, which the wife of his Te­
nent, that held in capite , discea­
sed, hath for her Dowrie, if shee
marry without his leaue: and is
grounded vpon the statute of
the Kings prerogatiue. cap. 3. see
Fitzh. fol. 1 74. 

Poursuyuant , commeth of the
French (poursuiure. i. agere, agita­
re, persequi) It signifieth the Mes­
senger of the king attending vp­
on him in warres, or at the coun­
sell table, the Starre Chamber,
Exchequer, or commission court,
to be sent vpon any occasion, or
message, as for the apprehension
of a party accused, or suspected
of any offence committed. Those
that be vsed in marshall cau­
ses, be called Pourswiuants at
armes, anno 24. Hen. 8. cap. 13.
whereof there be foure in
number of especial names, which
see in Herald. And M. Stowe
speaking of Richard the third
his end. pag. 734. hath these
words: For his bodie was na­
ked to the skinne, notso much
as one cloute about him, and
was trussed behinde a Pursuy­
uant at armes, like a hogge,
or a calfe, &c. The rest are vsed
vpon other messages in time of
peace, and especially in maters
touching iurisdiction. See  He­
rald. 

Pourueyour, (prouisor) com­
meth of the French (pourvoire. i.
prouidere prospicere) It signifieth
an Officer of the King, Queene,
or other great personage, that
prouideth corne and other vi­
ctuall, for the house of him
whose Officer he is. See magna
charta. cap. 22. & 3. Ed. prins.
cap. 7. & cap. 31. & anno 28.
eiusdem. Articuli super chartas. 2.
and many other statutes gathe­
red by Rastal vnder this title. 

Powldauis. anno 1. Iacob. ca. 2 4. not in OED as headword

Power of the countie, (posse comi­
tatus) by M. Lamberds opinion
in his Eirenar. lib. 3. cap. 1. fol.
309. containeth the ayde and at­
tendance of all Knights, gentle­
men, yeomen, labourers, ser­
uants, apprentises, and villaines:
and likewise of Wardes, and of
other young men aboue the age
of fifteene yeeres, within the
countie, because all of that
age are bound to haue harnesse,
by the statute of Winchester.
But women, ecclesiasticall per­









sons, and such as be decrepit,
or do labour of any continuall
infirmitie, shall not be compel­
led to attend. For the statute
2. H. 5. cap. 8. (which also wor­
keth vpon the same ground)
saith, that persons sufficient to
trauell, shall be assistant in this
seruice. 

Pounde (parcus) seemeth to sig­
nifie generally any inclosure of
strength to keepe in beasts: but
especially, with vs, it signifieth a
place of strength to restraine
catell being distrained or put in
for any trespas done by them,
vntill they be repleuied or re­
deemed. And in this significati­
on it is called a pound ouert , or o­
pen pound being builded vpon
the wast of some Lord within
his fee, and is called the Lords
pownd. For he provideth it to
his vse, and the vse of his te­
nents. See Kitchin. fol. 144. It is
diuided into pound open, and
pound close: pound open or o­
uert, is not onely the Lordes
pownd, but a backside, court,
yarde, pasture, or else what soe­
uer, whether the owner of any
beasts impounded may come to
giue them meate and drinke
without offence, for their being
there, or his comming thither:
pound close is then the contrary
viz. such a one as the owner can­
not come vnto, to the purpose
aforesaide without offence, as
some close house, or such like
place. 

Powndage , is a Subsidie gran­
ted to the King of all maner of
merchandies of euery merchant
denizen and alien, caried out of
this realme, or brought into the
same by way of Merchandize, to
the valew of twelue pence in e­
uery pound, anno 12. Ed. 6. cap.
1 3. anno 31. Eliz. cap. 5. anno 1.
Iacobi, cap. 33. 

Pray age. See Age prier.not in OED as headword

Pray in ayd. See Ayd.

Prebend (præbenda) is the por­
tion, which euery member, or
Canon of a Cathedrall church
receiueth in the right of his
place, for his maintenance. And
though vse haue wrought the la­
tine word into the nature of a
Substantiue: yet I thinke it origi­
nally to be an Adiectiue, or par­
ticiple, and to haue bene ioyned
with (pars or portio) as (Canonica
portio) which is in a maner all one
in signification. How be it (Cano­
nica portio) is properly vsed for
that share which euery Canon
or Prebendary receiueth yearely
out of the common stocke of the
Church: and præbenda is a seuerall
benefice rising from some tem­
porall land, or church appropria­
ted, toward the maintenance of
a Clerke, or member of a Colle­
giat Church; and is commonly
surnamed of the place, whence,
the profit groweth. And Pre­









bends be either simple, or with
dignity. Simple Prebends be
those, that haue no more but the
reuenew toward their mainte­
nance: Prebends with dignity
are such, as haue some Iurisdicti­
on annexed vnto them accor­
ding to the diuers orders in eue­
ry seuerall church. Of this see
more in the title. De præbendis, &
dignitat : in the Decretalls. Alciat
saith that (præbenda) in the plurall
number and neuter gender was
aunciently vsed: as now (præben­
da) in the singuler number and
feminine gender is vsed. parerg.
ca. 43. 

Præbendary (præbendarius) is he
that hath a prebend : See Præbend.

Præcept (præceptum) is diuersly
taken in the common law: sometime
for a commaundement in wrigh­
ting sent out by a Iustice of
peace, or other for the bringing
of a person one or more, or re­
cords before him: of this you
haue examples of diuers in the
table of the Reg. Iudiciall : And
this vse seemeth to be borowed
from the customes of Lombardy ,
where præceptum signifieth scrip­
turam, vel instrumentum. Hot. in
verbis feudal. & libro. 3. Commen­
tariorum in libros feudorum, in præ­
fatione. Sometime it is taken for
the prouocation, whereby one
man inciteth an other to commit
a felony, as theft, or murder.
Stawnf. pl. cor. fol. 105. Bracton
calleth it (præceptum) or (manda­
tum) lib. 3. tract. 2. ca. 19. whence
a man may obserue three diuersi­
ties of offending in murder: Præ­
ceptum, fortia, consilium: præcep­
tum , being the instigation vsed
before hand, fortia , the assistance
in the fact, as help to binde the
party murdered, or robbed : con­
silium , aduise either before or in
the deede. The Ciuilians vse
(mandatum) in this case, as ap­
peareth by Angelus in tracta: de
maleficiis. vers. Sempronium Man­
datorem. 

Præceptories, anno 32. H. 8. cap.
2 4. were benefices in a kinde, &
termed preceptories, because
they were possessed by the more
eminent sort of the Templers,
whome the cheife master by his
authoritie created and called
(præceptores Templi) Ioach. Stepha.
de Iurisdict. li. 4. cap. 10. num.
27. See Comaundry.

Præcipe quod reddat , is a writ
of great diuersitie touching both
the forme and vse, for beter de­
claration whereof see Ingressu ,
and Entrie. This forme is exten­
ded as well to a writ of right, as
to other writs of entry, or pos­
session. old. nat. br. fol. 1 3. and
Fitzh. nat. br. fol. 5. And it is cal­
led sometime a writ of Right
close , as a præcipe in capite , when
it issueth out of the court of
common plees for a tenent
holding of the King in cheife, as









of his Crowne, and not of the
King, as of any honour, castell
or maner. Register orig. fol. 4. b.
Fitzh. nat. br. fol. 5. F. Sometime
a writ of Right patent: as when
it issueth out of any Lords court,
for any of his tenents deforced,
against the deforcer, and must
be determined there. Of this
reade more at large in Fitzh. nat.
br. in the very first chapter or
writ of all his booke. 

Præmunire , is taken either for
a writ, or for the offence where­
vpon the writ is graunted. The
one may well enough be vnder­
stoode by the other. It is there­
fore to be noted, that the church
of Rome vnder pretence of her
supremacie and the dignitie of
Saint Peters chaire , grew to such
an incroching, that there could
not be a benefice (were it Bisho­
prick, Abbathy, or other) of any
worth here in England, the be­
stowing whereof could escape
the Pope by one meanes or o­
ther. In so much, as for the most
part, he graunted out Mandats
of ecclesiasticall liuings, before
they were voide to certaine per­
sons by his buls, pretending there­
in a great care to see the Church
prouided of a Successor before it
needed. Whence it grew that
these kinde of Buls were called
(Gratiæ expectativæ) or (Prouisi­
ones) whereof you may reade a
learned discourse in Duarenus
that worthie Ciuilian in his tra­
ctat : De beneficiis lib. 3. c. 1. and
in his treatise De immunitate ec­
clesiæ Gallicanæ. These prouisi­
ons, were so rife with vs, that
at the last, King Edward the third,
that heroicall Prince, not disge­
sting so intolerable an oppressi­
on, made a statute in the 25.
yeare of his reigne, statuto 5. cap.
22. and another, statuto 6. eiusdem
anni. cap. pri. and a third anno 27.
against those that drew the
Kings people out of the Realme,
to answer of things belonging
to the kings court, and another
anno 28. statu. 2. c. 1. 2. 3. & 4. to
the like effect whereby he great­
ly restained this libertie of the
Pope. Yet such was the wanton­
nesse that grew out of his pow­
er, & the num patience of princes
in those daies, that hee still adven­
tured the continuance of these
prouisions: in so much as King
Richard the second made like­
wise a statute against them in the
12. yeare of his reigne, cap. 1 5.
and the 13. yeare statut. 2. ca. 2.
making mention of the said
first statute of Edward the third,
ratifiing the same, and appoin­
ting the punishment of those,
that offended against it, to be per­
petuall banishment, forfeiture
of their lands, tenements,
goods, and catels, as
by the same doth more at large
appeare. And againe in the 16.









yeare of his reigne, cap. 5. to
meete more fully with all the
shifts inuented to defraude
these former statutes, he expres­
seth the offence more particu­
larly, and setteth the same pu­
nishment to it, that hee ordeined
in the last former statute. for
there toward the ende he hath
these words: If any purchase or
pursiew, or do to be purchased, or
pursiewed in the court of Rome,
or els where, any such translati­
ons, processes, and sentences of
excommunication, Buls, Instru­
ments, or any other things, &c.
After him K. H. the fourth in like
maner greeued at this importuny
by other abuses not fully mette
with in the former statutes, in
the second yeare of his reigne,
cap. 3. & 4. addeth certaine new
cases and laieth vpon the offen­
dours in them the same censure,
whereunto for shortnes sake I
referre you: admonishing like­
wise to adde the statute, anno. 9.
eiusdem. cap. pri, & anno 7. cap. 9.
& 8. & anno 9. eiusdem. cap. 8. &
anno 3. H. 5. cap. 4. Out of which
statutes haue our professors of
the common lawe, wrought
many daungers to the Iurisdicti­
on ecclesiasticall, thretning the
punishment conteined in the
statute anno. 27. Ed. 3. &. 38.
eiusdem , almost to euery thing
that the court Christian dealeth
in, prerending all things delt
with in those courts to be the
disherison of the Crowne. from
the which, and none other
fountaine, all ecclesiasticall Iu­
risdiction is now deriued: wher­
as in truth Sir Tho. Smith saith ve­
ry rightly, and charitablely, that
the vniting of the supremacie
ecclesiasticall, and temporall in
the king, vtterly voideth the vse
of all those statuts. Nam cessante
ratione, cessat lex. And whatso­
euer is now wrought or threa­
tened against the Iurisdiction
ecclesiasticall, by colour of the
same, is but in emulation of one
court to another: and by con­
sequent a derogation to that au­
thoritie, from which all Iuris­
diction is now deriued, and the
maintenance whereof was by
those Princes especially pur­
posed. But of this reade Sir
Thomas Smith, lib. 3. de Rep. Angl.
cap. 9.

Some later statutes doe cast
this punishment vpon other of­
fenders: as namely the statute,
anno 1. El. cap. primo , vpon him
that denieth the Kings suprema­
cie the second time, &c. and the
statue anno 13. El. ca. 2. vpon him
that affirmeth the authoritie of
the Pope: or that refuseth to
take the oathe of supremacie.
and the statute, anno 13. El. cap. 1.
such as be seditious talkers of
the inheritance of the Crowne,
or affirme the Queenes Maiestie









to be an heritique. And the
word is applied most common­
ly to the punishment first or­
deined by the statutes before
mentioned, for such as trans­
gressed them; but in later times
imposed vpon other offences.
for that, where it is saide that a­
ny man for an offence commit­
ted shall incurre a premunire, it
is meant, that he shall incurre
the same punishment, which
is inflicted against those that
trangresse the statute made, anno
16. R. 2. ca. 5. which is common­
ly called the statute of premu­
nire, which kinde of reference is
not vnusuall in our statutes. F or
example, I shew onely the sta­
tute, anno 5. El. ca. 5. where it is
inacted that if any man preach
or teach by wrighting, that the
common Counsell of the Realme
doe by that statute forbid flesh
to be eaten, as of necessitie for
the sauing of mans soule, that
he shall for such preaching, &c.
be punished as they be, which
be spredders of false newes: ha­
uing reference thereby to those
statutes, which conteine the pu­
nishment of such offenders.

Now touching the Etymolo­
gie of this word (Præmunire)
some thinke it proceedeth from
the strength giuen to the Crown
by the former statutes, against
the vsurpation of forein and vn­
naturall power: which opinion
may receiue some ground from
the statute, anno 2 5. Ed. 3. stat. 6.
cap. pri. But other thinke it to
grow from the verb (Præmonere)
being barbarously turned into
(Præmunire) which corruption is
taken from the rude Interpre­
ters of the Ciuile, and Canon
lawes, who indeede doe vse the
effect (Præmunire) many times
for the efficient cause (Præmone­
re) according to our prouerb:
He that is well warned, is halfe
armed. And of this I gather rea­
son from the forme of the writ,
which is thus conceiued in the
old. nat. br. fol. 1 43. Præmunire faci­
as præfatum præpositum & I. R.
procuratorem, &c. quod tunc sint
coram nobis, &c. for these words
can be referred to none, but
parties charged with the of­
fence. 

Præpositus villæ , is vsed some­
time for the Constable of a town,
or petit Constable. Cromptons
Iurisdict. fol. 205. how be it the
same author, fol. 194. seemeth
to apply it otherwise. for there
quatuor homines præpositi , be those
4. men, that for euery towne
must appeare before the Iustices
of the Forest in their Circuit. It is
vsed sometime for a Reeve. See
 Reeve.

Prærogatiue of the King (præro­
gatiua regis) is that especiall









power, preeminence, or priui­
ledge that the King hath in any
kinde, ouer and aboue other
persons, and aboue the ordinarie
course of the common lawe, in
the right of his crowne. And
this word (Prærogatiua) is vsed
by the Ciuilians in the same
sense. l. Rescriptum. 6. §. 4. π. de
hono. & muner. But that privi­
ledge that the Roman Empe­
rour had aboue common per­
sons, they for the most part
comprised (sub iurefisci. π. de iure
fisci, per totum tit. & Co. li. 10. tit. 1.
Among the Feudists this is ter­
med (ius regalium, ius regaliorum
vel a non nullis ius regaliarum) But
as the Feudists, sub iure regalium ,
soe our lawyers (sub prærogatiua
regis) doe comprise also, all
that absolute heighth of power
that the Ciuilians call (maiesta­
tem, vel potestatem, vel ius imperii ,)
subiect only to god: which
(regalia) the Feudists diuide in­
to two sorts, maiora sc. &. mino­
ra regalia. for to vse their owne
words, Quædam regalia, dignita­
tem, prærogatiuam, & imperii præ­
eminentiam spectant: quædam verò
ad vtilitatem, & commodum pecu­
niarium immediatè attinent: & hæc
propriè fiscalia sunt, & ad ius fisci
pertinent. Peregri: de iure fisci, li. pri.
cap. 1. nu. 9. See also Arnoldus
Clapmarius. de arcanis Imperii.
lib. pri. cap. 11. & seqq. who see­
meth to make difference be­
twene maiestatem, & ius regalio­
rum. Others also make those (maio­
ra regalia) that appertaine to the
dignitie of the prince, and those
minora , which inrich his cofers.
Regnerus Sixtinus, de iure rega. cap.
2. By this it appeareth, that the
statute of the Kings prerogatiue
made, an. 17. Ed. 2. conteineth
not the summe of the Kings
whole prerogatiue, but onely
so much thereof, as concernes
the profit of his cofers growing
by vertue of his regall power
and crowne. for it is more then
manifest, that his prerogatiue
reacheth much farder: yea euen
in the maters of his profit,
which that statute especially
consisteth of. For example, it is
the kings prerogatiue to graunt
protection vnto his debtours a­
gainst other creditours, vntill
himselfe be satisfied. Fitzh. nat.
br. fol. 2 8. B. to distreine for the
whole rent vpon one tenent,
that hath not the whole land.
Idem. fol. 235. A. to require the
auncesters debt of the heire,
though not especially bound.
Brit. cap. 28. fo. 65. b. to seise vpon
money paid by his deptour into
a court, for the satisfaction of
an executor. Plowden, fol. 322.
a. to permit his deptours to
siew for their debts by a (Quo
minus) in the exchequer. Per­
kins. Grawnts. 5. to be first paid by
one that oweth money both to









him and others. Dyer. fol. 67. nu.
20. to take the lands of accoun­
tants into his hands for his own
satisfaction. Plowd. casu Almes.
fol. 321. & 3 2 2. to take his acti­
on of accoumpt against execu­
tors, eodem, fol. 320. not to be ti­
ed to the demaund of his rent.
Coke. li. 4. fo. 7 3. a. Now for those
regalities which are of the high­
er nature (all being within the
compas of his prerogatiue, and
iustly to be comprised vnder
that title) there is not one that
belonged to the most absolute
prince in the world, which doth
not also belong to our king, ex­
cept the custome of the nations
so differ (as indeede they doe)
that one thing be in the one ac­
compted a regalitie, that in an­
other is none. Onely by the cu­
stome of this kingdome, he
maketh no lawes without the
consent of the 3. estates though
he may quash any lawe conclu­
ded of by them. And whether
his power of making lawes be
restreined (de necessitate) or of a
godly and commendable policy,
not to be altered without great
perill, I leaue to the iudgement
of wiser men. But I hold it in­
controwlable, that the king of
England is an absolute king.
And all learned politicians doe
range the power of making
lawes, inter insignia summæ & ab­
solutæ potestatis. Maiora autem
regalia sunt hæc: clausula plenitu­
dinis potestatis, & ex ea aliquid sta­
tuere, leges condere, ac eas omnibus
& singulis dare, bellum indicere,
belli indicenci licentiam alii dare,
pronunciare ita vt a sententia ap­
pellari non possit, committere sive
delegare alicui causam cum clau­
sula æppellatione remota, cognosce­
re de crimine læsæ maiestatis, legiti­
mare per rescriptum eos qui extra
legitimum matrimonium nati
sunt, ad famam, honores, & natales
in integrum restituere, veniam æta­
tis dare, creare Duces, Marchiones,
Comites, regnum in feudum concede­
re. Huc referri potest ius erigendi
scholam, quæ hodie Vniuersitas vel
Academia appellatur, etiam ius creandi
doctores, gradu licentiæ aliquem in­
signiendi, creandi magistratus, ta­
belliones, siue notarios, ius dandi in­
signia nobilitatis, siue nobiles crean­
di, ius eudendæ monetæ, noua vecti­
galia instituendi, vel instituta ve­
ctigalia augendi ; Sixtinus vbi supra.
So that those other which are
mentioned in libris feudorum , and
the interpreters of them, are (at
the least for the most part) iustly
called regalia minora , as armandiæ,
viæ publicæ, flumina nauigantia,
portus, ripalia, vectigalia, monetæ,
mulctarum pœnarumque compendia,
bona vacantia, bona quæ indignis
auferuntur, bona eorum qui incestum
matrimonium contrahunt, bona
damnatorum, & proscriptorum, an­
gariæ & parangariæ, extraordinariæ









ad expeditionem imperatoris colla­
tiones, potestas creandorum magi­
stratuum ad iusticiam exequendam,
argentariæ, palatia in ciuitatibus
constituta, piscationum reditus, sali­
narum reditus, bona committentium
crimen læsæ maiestatis, thesaurus
inuentus. By setting downe these
regalities of both sorts, as they
are accoumpted in the Empire,
and other forein kingdomes,
they may be the more easily com­
pared with our kings preroga­
tiues, and so the differences no­
ted betweene vs and them. And
whereas some things are before
reckoned both (inter regalia ma­
iora, & minora) the reader must
vnderstand that this may be in
diuers respects. For example, the
power of raising a tribute, or of
coyning money is inter maiora :
but the profit that groweth to
the Prince by the one or other, is
(inter minora) Now may there al­
so be noted out of books a great
number of prerogatiues belon­
ging to the king of this land,
which doe not bring profit to
his cofers immediately, and
therefore may be accoumpted
inter regalia maiora , or at the
least, in a middle or mixt
nature, or inter maiora & minora ,
because by a consequent they
tend to the increase of the kings
exchequer. Of these such as I
haue obserued in reading, I will
set downe as they come to my
hands, without farder curiosity
in diuiding. It is the kings prero­
gatiue that he may not be siew­
ed vpon an ordinary writ as te­
nent to lands, but by petition.
Plowd. casu Walsingham fo. 553. to
haue a cecessary consent in the
appropriation of all benefices. I­
dem, casu Grendon. fol. 499. to
waiue and to demurre, and to
pleade to the issue, or to waiue
the issue, and to demurre vpon
the plee of the aduers part, yet
not to chaunge the issue another
terme after he and the aduers
part be once at issue. Idem, casu
Willion. fol. 23. 6. a. & casu Mines
fol. 322. a. to be receiued in a
suite before issue ioyned vpon an
(ayde prier) Idem, casu Dutchry of
Lancaster, fol. 221. b. to be neuer
in nonage, eodem, fol. 2 18. b. that
a man indicted may not wage
battell with him. Idem casu nimes
fol. 335. b. that no man vpon
any right may enter vpon him
being in possession, but must be
put to suite. Dyer fol. 139. nu. 33.
to seise the lands of his tenents
that alienate without licence.
Plowd. casu. Mines. fol. 3 2 2. a.
that no subiect may wage his
law against him. Breke. chose in
action. 9. Coke. lib. 4. fol. 93. to
present in the right of the youn­
gest coparcener being his warde
before the elder. Plowd: casu. Mi­
nes. fol. 332. b. & fol. 333. a.
that a benefice by institution is









not full against him. Coke. Dig­
bies case, fol. 79. a. not to finde
pledges for the persecuting of a­
ny action. For he cannot be a­
merced. Fitzh. nat. br. fo. 31. F. &
fo. 47. C. to siew in what court
he will. Fitzh. nat. br. f. 7. B. &
3 2. E. to siew the writ Ne ad­
mittas after sixe monethes. Regist.
orig. fol. 3 1. a. that a mans villein
hauing remained in his auncient
demesn by the space of a yeare,
may not be recouered by the
writ (de natiuo habendo) Fitzh.
nat. br. fol. 79. A. to graunt an
office with the (babendum post
mortem alterius) Dyer. fo. 295. nu.
1. to shorten the ordinary time
of summons (being 1 5. daies) in
writ of right. Brit. ca. 12 1. to
giue what honour or place he
listeth to his subiects. anno 31. H.
8. ca. 1 0. to be owner of a forest.
See Forest. to haue free warren.
See Warren. Not to be owted
of his free hould. Cromptons Iu­
stice of peace. fol. 59. b. & 16. a.
to araigne a man being both a
Traitor, and a Felon, rather vp­
on the treason, than vpon the
felony, because he may haue the
whole escheats. Idem. eodem. fol.
99. a. to warrant the day of ap­
pearance to his subiect being in
his seruice, and summoned to
appeare at a day certaine. Fitzh.
nat. br. fol. 1 7. a. Diuers of these
and many others did belong (fis­
co imperatorum) which you may
finde in the Digest: De iure fisci.
& Co. lib. 10. tit. 1. Besides these
also many moe may be obserued
to belong vnto our King out of
lawes, which I leaue to their col­
lection that are of longer read­
ing, and more painefull industry. 

Prerogatiue of the Archbishop of
Canterbury, or Yorke, (prærogatiua
Archiepiscopi Cantuariensis, seu E­
boracensis) is an especiall pre­
eminence, that these Sees haue
in certaine cases aboue ordinary
Bishops within their Prouin­
ces. And that of the Arch­
bishop of Canterburie , princi­
pally consisteth of these points.

First, in the confirmation of
all elections made of Bishops
by the Deane and Chapter of all
Cathedrall Churches, as also
the consecration of them.

Next, in a power of visi­
ting his whole Prouince, of
assembling Synods, of supply­
ing the defects and negligen­
ces of inferiour Bishops, of
receiuing appeales from their
courtes, of assigning coadiu­
tours to those Bishops, that grow
weake and insufficient to dis­
charge their function, of ap­
pointing Vicars generall to
those that haue either none, or
an insufficient man employed in
that office: and of dispensing in
all ecclesiasticall cases, wherein
the lawes beare dispensation: of
taking oath of euery Bishop, at
his confirmation, to performe









canonicall obedience vnto the
See of Canterburie. But this seem
to belong vnto him by an ordi­
narie archiepiscopall authority.

Certaine other things there be,
that appertaine vnto him more
then ordinarily to other Arch­
bishops: as the originall calling
of any person in any cause be­
longing to spirituall iurisdiction,
out of any part of his prouince,
though not appealed. But this
point is now limited by the Sta­
tute made, anno 23. Henr. 8. ca. 9.

The receyuing of an appeale
from the lowest Iudge ecclesi­
asticall within his prouince im­
mediatly. The appointing of a
keeper or guardian of the spiri­
tualties during the vacancie of a­
ny bishopricke. By which means
all episcopall rites of the Dioces
for that time do belong vnto
him: as Visitation, Institution to
Benefices, and such like.

The visitation of euery Dio­
cesse within his prouince, when
& in what order it pleaseth him.
As also of all other priuiledged
Churches. The probate of Testa­
ments and graunting of admini­
strations, in case where the party
deceased hath goods of any con­
siderable valew out of the dio­
cesse wherein he dyeth. And that
valew is ordinarily fiue pounds,
except it be otherwise by com­
position betweene the said Arch­
bishop, and some other Bishop:
as in the Diocesse of London it is
tenne pounds.

The probate of euery Bishops
Testament, or the administration
of his goods dying intestate,
though not hauing any goods,
chatels, or debts without the
compasse of his owne iurisdicti­
on. The bestowing of any one
dignitie or prebend in any Ca­
thedrall church vpon the crea­
tion of a new Bishop, that him­
selfe thinketh good to make
choice of.

There may be more particu­
lars of this prerogatiue, that I
know not: but these may be suf­
ficient to expresse the thing that
I desire to declare. Who so desi­
reth to reade these more at large,
and other priuiledges of this
Church in temporall maters, may
resort to the booke intituled : De
antiquitate Britannicæ Ecclesiæ, &
nominatim de priuilegiis Ecclesiæ
Cantuariensis historia: and espe­
cially to the 8. chapter of the
said booke. 

Prerogatiue Court, (curia præro­
gatiuæ Archiepiscopi Cantuariensis)
 is the Court wherein all Wils
be proued, and all administra­
tions taken, that belong to the
Archbishop by his prerogatiue,
which see in Prerogatiue. And if
any contention do grow be­
tweene two or more touching
any such will or administration,
the cause is properly debated &









determined in this Court. The
Iudge of this Court is called Iu­
dex Curiæ prærogatiuæ Cantuari­
ensis. The Archbishop of Yorke
hath also the like power and
court, which is tearmed his Ex­
chequer, but farre inferiour to
this in countenance and pro­
fite. 

Prescription (præscriptio) is a
course or vse of any thing for a
time beyond the memory of
man, as the exposition of the law
terms doth define it. Kitchin fol.
104. saith thus: Prescription is,
when for continuance of time,
whereof there groweth no me­
mory, a perticuler person hath
perticuler right against another
perticuler person. And custome
is, where by continuance of
time beyond memorie, diuers
persons haue gotten a right:
with whome agreeth Sir Edward
Cooke, lib. 4. fol. 32. a. And v­
sage is by continuance of time
the efficient cause of them both,
and the life of both prescription
and custome. Thus saith Kit­
chin. But as in the Ciuill lawe, so
I think likewise in the common,
Prescription may be in a shorter
time. As for example, where the
Statute anno , 1. H. 8. cap. 9. saith,
that all actions popular must be
siewed within three yeares after
the offence committed, and the
Statute anno , 7. einsdem. cap. 3.
That foure yeares being past af­
ter the offence committed in one
case, and one yeare in another,
no suite can be commenced, and
the Statute 31. Eliz. cap. 5. saith,
(by way of correcting the two
former statutes) that all actions,
&c. brought vpon any Sta­
tute, the penaltie whereof be­
longeth to the King, shall be
brought within two yeares after
the offence committed, or else be
voide. And the S tatute, anno 39.
Eliz. cap. prim. & secund. saith,
that actions brought after two
yeare by any common person,
or after three yeares by the king
alone for decay of husbandry
or tillage, shall bee of noe
force. Whosoeuer offendeth
against any such Statute, and
doth escape vncalled for two
yeares, or three yeares, in one
case of the two later of these
three Statutes, may iustly be
said to haue prescribed an im­
munitie against that action. The
like may be said of the Sta­
tute made anno 2 3. Eliz. cap.
primo. which saith, that all of­
fences comprised in the Statute
made in the 13. yeere of Eliz.
cap. 2. are inquirable before both
Iustices of peace and of Assise,
within one yeare and a day, af­
ter the offence committed. Also
the title that a man obtaineth
by the passing of fiue yeares
after a fine acknowledged of
any lands or tenements, may









iustly be said to be obtained by
prescription. And whereas the
Statute, anno 8. R. 2. cap. 4. saith,
that a Iudge or Clerke convi­
cted for false entring of plees,
&c. may be fined within two
yeares; the two yeares being
ended, he prescribeth against
the punishment of the saide
Statute; and whereas the Sta­
tute anno 11. H. 7. saith, that
he which will complaine of
maintenance, or embracery,
whereby periurie is commit­
ted by a Iurie, must doe it
within sixe dayes, those sixe
daies ended, the parties pre­
scribe: and whereas the sta­
tute anno prim. Ed. 6. saith, that a
man being not indicted within 3
monethes of any offences there
mentioned touching Seruice and
Sacraments, he shalbe cleare
from thence forward: the three
monethes being ended, he pre­
scribeth: And the same may be
said of the statute anno 5. Ed. 6.
cap. 5. which saith that a man
shall not be indited of any
offence there mentioned touch­
ing the decay of tillage, after. 3.
yeares. And whereas it is ordein­
ed by the statute anno 8. H. 6.
cap. 9. that those which keepe
possession of lands by force af­
ter. 3. yeares possession held by
themselues & their auncestours,
shall not be subiect to the arbi­
trement of Disseisours there set
down, I hould this a prescription
likewise against those censures.
v. anno 23. H. 6. ca. 15. Lastly a
seruant prescribeth liberty after
a yeare. Bracton. li. 1. ca. 10. nu.
3. and the right that is gotten in
any Stray to a Lord of a maner,
no man claiming it within the
yeare and day after proclamation
made, is an vsurpation, or pre­
scription. See Action perpetuall,
and temporall. And see Cromptons
Iustice of peace. fol. 173. b. vbi ha­
bebis festum. But see one rule for
all in Lamb. Eirenarch. li. 4. ca. 5.
pa. 4 69. Of this prescription, and
the learning touching the same,
you may reade a solemne report
in S. Ed. Cookes , and Luttrels case.
vol. 4. fo. 8 4. b. & seqq. 

Presentation (Præsentatio) is vsed
properly for the act of a patron
offering his Clerke to the Bi­
shop, to be instituted in a be­
nefice of his gift: the forme
whereof see in the Register ori­
ginall fol. 30 2. a. 

Presentment , is a meere de­
nuntiation of the Iurours them­
selues, or some other officer,
as Iustice, Constable, searcher,
surueiours &c. (without any
information) of an offence in­
quirable in the court where­
vnto it is presented. See Lam­
berd Eirenarcha, lib. 4. ca. 5. pa.
467. 

President (Præses) is vsed in
the Common law for the kings









Liuetenent in any Prouince or
function: as President of Wales,
of Yorke, of Barwick. President of
the Kings Councell. anno. 22.
H. 8. cap. 8. & anno 24. H. 8. cap.
3. & 14. 

Preignotarie (Protonotarius) is a
word that seemeth to be made
either of two French words
(Prime) or Primier. i. primus) and
(Notaire. i. Notarius, tabellio , or of
two Latine words (præ) &
notarius) quasi primus aut
principalis notarius. The office
is likewise borowed from the
later Romanes, who made his
name of halfe Greeke, and halfe
Latine, vizπρωτος. i. primus, princi­
palis) and (Notarius). It is vsed in
our common lawe for the
cheife clerks of the Kings courts,
whereof 3. be of the common
pleas, and one of the Kings
bench. For the pregnotarie of
the commmon plees, anno 5. H.
4. cap. 1 4. is termed the cheife
clerke of that court. He of the
Kings Bench recordeth all acti­
ons civile siewed in that court,
as the Clerke of the Crowne of­
fice doth all criminall causes.
Those of the common plees doe
enter and inrolle all maner of
declarations, pleadings, Assises,
and Iudgements: and all actions,
the same terme that the appa­
rence is made. Also they make
out all iudiciall writs, as the veni­
re facias after issues ioyned, and
Habeas corpus , for the bringing
in of the Iurie, after it is returned
vpon the venire facias. They also
make forthe writs of executi­
ons, and of seisin, writs of super­
sedeas , for appearance to exi­
gents, as well as the exigents,
and writs of priuiledges, for
remouing of causes from other
inferiour courts of Record, in
case where the partie hath cause
of priuiledge: Also writs of pro­
cedendo , of scire facias in all ca­
ses, and writs to inquire of dam­
mages: and all proces vpon pro­
hibitions, and vpon writs of
audita querela , and false Iudge­
ment. Finally they inrolle all re­
cognisances acknowledged in
that court, and all common Re­
coueries: and may make exem­
plifications of any Record the
same terme, before the rols be
deliuered from them. 

Prender , commeth of the
French (prendre. i. accipere, accep­
tare, capere, prehendere) it signifieth
in our common lawe sometime
a power, or right to take a thing
before it be offered: as such
things as lie in Prender, or such
as lie in render. West parte 2. titulo
Fines. sect. 126. where you haue
these words: If the lord graunt
the seruices of his tenent by fine,
or otherwise, the Lord before
atturnment, shall haue such
things as lie in prender: as the
ward of the body of the heire









and of the land: escheats, &c.
but not such things as lie in
prender , as rents, and releifes, he­
riots and other seruices. For
he canot avowe for them be­
fore the atturnment. 

Prender de Baron , signifieth
literally in barbarous French to
take a husband: but it is vsed
in our common lawe, as an ex­
ception to disable a woman
from persiewing an appeale of
murder against the killer of her
former husband, Stawnf. pl. cor. li.
3. cap. 59. The reason whereof
whether it be, because by her
second mariage, she may iustly be
thought to haue giuen vp the
interest shee had in her former
husband, or for that shee is now
couert againe, or for both, I
leaue to consideration. 

Prender del profits , signifieth
verbatim to take the profits. It
signifieth substantiuely the ta­
king of the profits. See Cromp­
tons Iurisdict. fol. 185. See Pernour
of profits.

Prest , is vsed for some dutie
in money to be paide by the
Shyreeue vpon his accoumpt in
the exchequer, anno 2. & 3. Ed.
6. cap. 4. 

Prest mony , is so called of
the French word (Prest. i. expli­
catus, promptus, expeditus) for that
it bindeth those, that haue re­
ceiued it, to be ready at all times
appointed. 

Primage , is a dutie due to the
mariners and saylers for the loa­
ding of any shippe at the setting
forth from any hauen, anno 32.
H. 8. cap. 14. 

Primier seisin (Prima seisina) ad
verbum signifieth the first posses­
sion. It is vsed in the common
lawe, for a braunch of the kings
prerogatiue, whereby he hath
the first possession of all lands,
and tenements through the
Realme, holding of him in
cheife, whereof his tenent died
seised in his demesn as of fee;
and so consequently the rents,
and profits of them, vntill the
heire, if he be of age, doe his ho­
mage, if he be vnder yeares,
vntill he come to yeares. See
S tawnf. prærog. cap. 3. and Bracton
lib. 4. tract. 3. cap. pri. not in OED as headword

Primo beneficio. See Bene­
ficio. 

Prince (Princeps) is a french
word, and taken with vs diuersly,
sometime for the king himselfe,
but more properly for the kings
eldest sonne, who is prince of
Wales , as the eldest sonne to the
French king is called Dolphine ,
both being princes by their
natiuitie. M. Fearn in the glory of
generositie. pag. 138. For Edward
the first to appease the tumultu­
ous spirits of the Welch men,
who being the auncient Indige­









næ of this land, could not in
long time beare the yoke of vs,
whome they call strangers, sent
his wife being with childe into
Wales. where at Carnaruan shee
was deliuered of a sonne, there­
vpon called Edward of Carnar­
van and afterward asked the
Welch men, seing they thought
much to be gouerned by straun­
gers, if they would be quietly
ruled by one of their owne nati­
on; who answering him, yea:
then (quoth he) I will appoint
you one of your owne country
men, that cannot speake one
word of English, and against
whose life you can take no iust
exception: and so named vnto
them his sonne borne in Carnar­
van not long before. from
which time it hath continued,
that the kings eldest sonne (who
was before called: Lord Prince,
S tawnf. prærog: cap. 22. fol. 75.)
hath beene called prince of
Wales. Stowes Annals, pag. 303.
See anno 27. H. 8. cap. 2 6. & an­
no 28. eiusdem cap. 3. 

Principality of Chester. anno
21. Rich. 2. cap. 9. See Cownty pa­
latine. and Cromptons diuers iuris­
dictions, fol 137. 

Prior perpetuall, or datife and re­
moveable. anno 9. R. 2. cap. 4. and
anno 1. Ed. 4. cap. 1. paulo ante
finem. Lord prior of Saint Iohns of
Ierusalem, anno 2 6. H. 8. cap. 2. 

Priors aliens (Priores alieni)
 were certaine religious men
borne in Fraunce, and gouer­
ners of religious houses erected
for out-landish men here in
England: which were by Henry
the fifth thought no good mem­
bers for this land, after such
conquest obtained by him in
Fraunce , and therfore suppressed.
Whose liuings afterwards by
Henry the 6. were giuen to
other Monasteries and houses of
learning. Stowes Annals. pag.
58 2. See anno 1. H. 5. cap. 7.
but especially to the erecting of
those two most famous Colled­
ges called the Kings Colledges
of Cambridge and Eton. 

Prioritie, (prioritas) signifieth
in our common lawe, an anti­
quitie of tenure in comparison
of another not so auncient. As
to hold by Prioritie, is to hold of
a Lord more aunciently then of
another. old. nat. br. fol. 94. So
to hold in posterioritie, is vsed
by Stawnf. prærog. cap. 2. fo. 11.
And Crompton in his Iurisdiction.
fol. 117. vseth this word in the
same signification. The Lord of
the prioritie shal haue the custo­
die of the bodie, &c. fol. 120. If
the tenent hold by prioritie of
one, and by posterioritie of a­
nother, &c. To which effect, see
also Fitz. nat. br. fol. 142. F.
Bartolus in his Tractate, De insig­
niis & armis , vseth these very
wordes, prioritas , and posterioritas ,









concerning two that beare one
coate armor. 

Prisage , seemeth to be that
custome or share, that belon­
geth to the King out of such
merchandize, as are taken at sea,
by way of lawfull prize, anno 31
Eliz. cap. 5. 

Prisage of Wines, anno 1. H. 8.
cap. 5. is a word almost out of
vse, now called Butlerage , it is a
custome wherby the prince cha­
lengeth out of euery barke loa­
den with wine, containing lesse
then forty tunne, two tunne of
wine at his price. 

Prise (prisa) commeth of the
French (prendre. i. capere) it signi­
fieth in our Statutes, the things
taken by pourveyours, of the
Kings subiects. As anno 3. Ed.
1. cap. 7. & anno 2 8. eiusdem. stat.
3. cap. 2. It signifieth also a cu­
stome due to the King, anno 25.
eiusdem cap. 5. Regist. origin. fol.
117. b. 

Prisoner (priso) commeth of
the French (prisonnier) and signi­
fieth a man restrained of his li­
bertie vpon any action ciuill or
criminall, or vpon commaun­
dement. And a man may be pri­
soner vpon mater of Record, or
mater of fact: prisoner vpon ma­
ter of Record is he, which be­
ing present in court, is by the
court committed to prison, only
vpon an arrest, be it of the Shy­
reeue, Constable, or other.
Stawnf. pl. cor. lib. prim. cap. 32.
fol. 3 4. & 35. 

Priuie , commeth of the French
(priuè. i. familiaris) and signifi­
eth in our common lawe, him
that is partaker, or hath an inte­
rest in any action, or thing: as,
priuies of bloud, old nat. br. fol.
117. be those that be linked in
consanguinitie. Euery heire in
tayle is priuy to recouer the land
intayled. eodem fol. 137. No
priuitie was betweene me and
the tenent. Litleton, fol. 1 06. If
I deliuer goods to a man to be
caried to such a place, and he, af­
ter he hath brought them thi­
ther, doth steale them, it is felo­
nie: because the priuitie of deli­
uerie is determined, as soone as
they are brought thither. Stawn.
pl. cor. lib. prim. cap. 15. fol. 25.
Merchants priuie be opposite to
merchant straungers. anno 2. Ed.
tertii. cap. 9. & cap. 14. & ann.
eiusdem, stat. 2. cap. 3. The newe
Expositour of lawe termes ma­
keth diuers sorts of priuies: as
priuies in estate, priuies in deed,
priuies in lawe, priuies in right,
and priuies in bloud. And see
the examples he giueth of euery
of them. See Perkins Conditions.
8 3 1. 832. 833. and Sir Edward
Cooke lib. 3. Walkers case. fol. 23.
a. & lib. 4. fol. 123. b. & 124. a.
where he maketh foure kindes
of priuies, viz. priuies in bloud,
as the heire to his father, &c.









priuies in representation, as exe­
cutours or administratours to
the deceased: priuies in estate, as
he in the reuersion, and he in
the remainder, when land is giuen
to one for life, and to another in
fee: the reason is giuen by the
Expositour of lawe termes, for
that their estates are created both
at one time. The fourth sort of
priuies are priuies in tenure: as
the Lord by escheate: that is,
when the land escheateth to the
Lord for want of heires, &c. 

Priuie seale (priuatum sigillum)
 is a seale that the King vseth some
time for a warrant, whereby
things passed the priuy signet and
brought to it, are sent farder to
be confirmed by the great seale
of England: sometime for the
strength or credit of other things
written vpon occasions more
transitory and of lesse continu­
ance, then those be that passe the
great seale. 

Priuiledge (priuilegium) is defi­
ned by Cicero in his oration pro
domo sua , to be lex priuata homini
irrogata. Frerotus in paratitlis ad
titulum decretalium de priuilegiis ,
thus defineth it: priuilegium est ius
singulare, hoc est priuata lex quæ v­
ni homini, vel loco, vel Collegio, &
similibus aliis conceditur: cap. priuile­
gia, distinct : 3. priua enim veteres
dixere quæ nos singula dicimus. Infit
Agellius lib. 1 0. ca 20. Ideoque pri­
uilegia modò beneficia, modò perso­
nales constitutiones dicuntur, &c.
It is vsed so likewise in our com­
mon law, and sometime for the
place, that hath any speciall im­
munity. Kitchin fol. 118. in the
words: where depters make fai­
ned gifts and feofements of their
land, and goods to their freinds,
and others, and betake themselues
to priuiledges, &c. Priuiledge is
either personall, or reall: a perso­
nall priuiledge is that, which is
graunted to any person, either
against, or beside the course of
the common law: as for example,
a person called to be one of the
Parlament, may not be arrested
either himselfe, or any of his at­
tendance, during the time of the
Parlament. A priuiledge reall is
that, which is graunted to a
place, as to the Vniuersities, that
none of either may be called to
Westm. hall, vpon any contract
made within their owne pre­
cincts. And one toward the court
of Chauncery, cannot originally
be called to any court but to the
Chauncery, certaine cases ex­
cepted. If he be, he will remoue
it by a writ of Priuiledge groun­
ded vpon the statute anno 18. Ed.
3. See the new booke of Entries.
verbo Priuilege. 

Probat of testaments (probatio
testamentorum) is the producting,
and insinuating of dead mens
wils before the ecclesiasticall
Iudge, Ordinary of the place,









where the party dyeth. And the
ordinary in this case is knowne
by the quantity of the goods,
that the party deceased hath out
of the Dioces , where he depar­
ted. For if all his goods be in the
same Dioces , then the Bishop of
the Dioces , or the Archdeacon
(according as their compositi­
on, or prescription is) hath the
probate of the Testament: if the
goods be dispersed in diuers Dio­
ces , so that there be any summe
of note (as fiue pounds ordinari­
ly) out of the Dioces where the
party let his life: then is the Arch­
bishop of Canterbury the ordina­
ry in this case by his preroga­
tiue. For whereas in ould time,
the will was to be proued in eue­
ry Dioces, wherein the party
diceased had any goods: it was
thought conuenient both to the
subiect, and to the Archiepisco­
pall See, to make one proofe for
all before him, who was and is of
all the generall Ordinary of his
prouince. But there may be aun­
ciently some composition be­
tweene the Archebishop and an
inferiour ordinary, whereby the
summe that maketh the preroga­
tiue, is aboue fiue pound. See
prærogatiue of the Archbishop This
probate is made in two sorts ei­
ther in common forme or per te­
stes. The proofe in common
forme, is onely by the oath of
the executour, or party exhibi­
ting the will, who sweareth vp­
on his credulity, that the will by
him exhibited, is the last will, and
testament of the party deceised.
The proofe per testes is, when ouer
and beside his oath, he also pro­
duceth witnesses or maketh o­
ther proofe, to confirme the
same, and that in the presence of
such as may pretend any interest
in the goods of the deceased, or
at the least in their absence, af­
ter they haue beene lawfully
summoned to see such a will pro­
ued, if they thinke good. And
the later course is taken most
commonly, where there is feare
of strife, and contention be­
tweene the kindred and freinds
of the party deceased about his
goods. For a will proued only in
common forme, may be called
into question any time within
30. yeares after by common o­
pinion, before it worke prescrip­
tion. 

Procedendo , is a writ whereby
a plee, or cause formerly cal­
led from a base court to the
Chauncerie, Kings bench, or com­
mon, plees, by a writ of priuiledge
or certiorare, is released, and
sent downe againe to the same
court, to be proceded in there,
after it appeareth that the de­
fendant hath no cause of priui­
ledge, or that the mater compri­
sed in the bille, be not well pro­
ued. Brooke hoc titulo. and Termes









of lawe: Cooke vol. 6. fol. 63. a. See
anno. 21. R. 2. cap. 11. in fine , leters
of procedendo graunted by the
keeper of the priuie seale. See in
what diuersitie it is vsed in the
table of the originall Register,
and also of the Iudiciall. 

Proces (Processus) is the maner
of proceeding in euery cause, be
it personall, or reall, ciuile, or
criminall, even from the origi­
nall writ to the end. Britton fol.
138. a. wherein there is great di­
uersitie, as you may see in the ta­
ble of Fitzh. nat. br. verbo Proces ,
and Brookes Abridgement, hoc titu­
lo. And whereas the writings of
our common lawyers sometime
call that the proces, by which
a man is called into the court
and no more: the reason thereof
may be giuen, because it is the
beginning, or the principall
part thereof, by which the rest
of the busines is directed, accor­
ding to that saying of Ari­
stotle. ἡ αρχὴ ἡμισυ υγ παντος .
Diuers kinds of proces vpon
Inditements before Iustices of
peace: See in Cromptons Iustice of
peace. fol. 133. b. 134. 135. But
for orders sake, I referre you ra­
ther to M. Lamberd in his tra­
ctat of processes adioyned to his
Eirenarcha , who acording to his
subiect in hand, diuideth crimi­
nall proces, either into proces
touching causes of treason, or
felonie, and proces touching in­
feriour offences. the former is vsu­
ally a capias, capias aliâs, & exigi
facias. The second is either vpon
enditement, or presentment, or
information: that vpon endite­
ment or presentment, is all one,
and is either generall, and that
is a venire facias , vpon which if
the partie be returned sufficient,
then is sent out a Distringas infi­
nite vntill he come: if he be re­
turned with a Nihil habet , then
issueth out a Capias, Capias ali­
âs, Capias pluries , and lastly an
Exigi facias. The speciall proces
is that, which is especially ap­
pointed for the offence by statute.
for the which he referreth his
reader to the 8. Chapter of his
4. booke being very different. 

Processum continuando , is a writ
for the continuance of a proces
after the death of the cheife
Iustice, in the writ of oyer and
terminer. Register originall. fol.
128. a. 

Prochein Amy (Proximus ami­
cus, vel propinquior) is, word for
word, a neere freind. It is vsed
in our common lawe, for him
that is next of kinde to a childe
in his nonage, and is in that re­
spect allowed by lawe, to deale
for him in the managing of his
affaires: as to be his Gardian , if
he hold of any in socage, and in
the redresse of any wrong done
vnto him, be it by his Gardian , if
he be ward and hold in Chiual­









rie, or any others. Statut. West. pri.
cap. 48. 3. Ed. pri. and Westm. 2.
cap. 15. anno 13. Ed. pri. prochain ami

Profe, aliâs Prove , is vsed for
an Enquest. anno 28. Ed. 3. cap.
13. 

Proclamation (Proclamatio)
 signifieth a notice publikely gi­
uen of any thing, whereof the
King thinketh good to advertise
his subiects. So it is vsed, anno 7.
R ich. 2. ca. 6. Proclamation of
rebellion is a publike notice gi­
uen by the officer, that a man
not appearing vpon a Sub pœna ,
nor an attachment in the Starre
Chamber or Chauncerie, shalbe
reputed a rebell, except he ren­
der himselfe by a day assigned.
Cromptons Iurisd. fol. 92. See Com­
mission of rebellion.

Proclamation of a fine , is a no­
tice openly, and solenmly giuen
at all the Assises, that shall be
holden in the Countie within
one yeare after the ingrossing of
the fine, and not at the foure
generall quarter sessions. And
these proclamations be made
vpon transcripts of the fine, sent
by the Iustices of the Common
plees, to the Iustices of Assise,
and the Iustices of peace. West.
parte 2. symbol. titulo Fines. sect.
132. where also you may see the
forme of the proclamation. Pro­
clamare est palam, & valde clamare ,
vsed by Tullie , Liuie , and the
Civilians. π. Quibus ad liberta
proclamare non licet. And Procla­
mator signifieth him qui litem
intendit, vel causam agit. Cicero
de oratore. lib. pri. Non enim causi­
dicum nescio quem, neque proclama­
torem, aut rabulam hoc sermone
conquirimus, &c. I reade in Fitzh.
nat. br. fol. 85. C. that the kings
proclamation is sufficient to stay
a subiect from going out of the
Realme. See the force of procla­
mations anno. 31. H. 8. cap. 8. see
also Proclamations in diuers
cases. Newe booke of En­
teries. verbo Proclamation. 

Procters of the clergie (procura­
tores cleri) are those which are
chosen and appointed to ap­
peare for cathedrall, or other
Collegiat churches, as also for
the common clergie of euery
Dioces, at the Parlament, whose
choice is in this sort. First, the
king directeth his writ to the
Archebishop of each province
for the summoning of all Bi­
shops, Deanes, Archdeacons, ca­
thedrall and collegiat churches,
and generally of all the clergie
of his prouince, after their best
discretion and iudgement, assig­
ning them the time and place
in the said writ. Then the Arche­
bishops proceede in their ac­
customed course. One example
may serue to shew both. The
Archebishop of Canterbury vpon
his, writ receiued, directeth his
leters to the Bishop of London as









his Deane provincial. 1. §. statui­
mus. de pœnis & verb. tanquam in
glos. first citing himselfe pe­
remptorily: and then willing him
to cite in like maner all the Bi­
shops, Deanes, Archedeacons,
cathedrall and collegiate chur­
ches, and generally all the
Clergie of his Prouince to the
place, and against the day pre­
fixed in the writ. But directeth
withal that one Proctor sent for
euery Cathedrall or Collegiat
Church, and two for the bo­
die of the inferiour Clergie of
each Diocesse, may suffice.
And by vertue of these le­
ters authentically sealed, the
said Bishop of London directeth
his like leters seuerally to the
Bishop of euery Diocesse of the
Prouince, citing them in like
sort, and commaunding them
not onely to appeare, but also to
admonish the said Deanes, and
Archdeacons, personally to ap­
peare, and the Cathedrall and
collegiat Churches, as also
the common Clergie of the Di­
ocesse, to send their Proctors to
the place, and at the day ap­
pointed: and also willeth them
to certifie the Archbishop the
names of all and euery so mo­
nished by them, in a shedule an­
nexed to their leters certifica­
torie. The Bishops proceed ac­
cordingly, and the Cathedrall
and collegiate churches as
also the Clergie make choice
of their Proctors: which done,
and certified to the Bishop, he
returneth all answerably to his
charge at the day. These pro­
ctors of the Clergie, howsoeuer
the case of late dayes is altered,
had place and suffrage in the
lower house of Parlament, as
well as the knights, citizens, Ba­
rons of the Cinque ports, and
Burgesses. For so it plainely ap­
peareth by the Statute, anno 21.
R. 2. cap. 2. & cap. 12. And
sithence they were remooued,
the Church hath daily growne
weaker and weaker: I pray God
that in short time she famish
not, but that her liberties be
better maintained. 

Procurator , is vsed for him that
gathereth the fruites of a bene­
fice for another man. anno 3. R.
2. stat. 1. cap. 2. And procuracy is
vsed for the specialtie, whereby
he is authorized. Ibid. They are
at this day in the West parts cal­
led Proctors. 

Profer (profrum vel proferum) is
the time appointed for the ac­
compts of Shyreeues, and other
officers in the Exchequer, which
is twice in the yeare, anno 51. H.
3. statut. quint. And it may be
gathered also out of the Register,
fol. 1 39. in the writ De Attur­
nato Vicecomitis pro profro faciendo.
I reade also of profers, anno 32.
H. 8. cap. 21. in these words:









Trinitie terme shall beginne the
Monday next after Trinity Sun­
day, whensoeuer it shall happen
to fall, for the keeping of the
essoins, profers, returnes, and o­
ther ceremonies heretofore vsed
and kept. In which place (profer)
seemeth to signifie the offer, or
indeauour to proceede in action
by any man, whom it concer­
neth so to doe. See Briton. cap.
2 7. fol. 50. b. & 5 5. a. & fol. 80.
b. and Fleta lib. 1. cap. 38. §. Vt­
lagati & seqq. 

Profer the halfe merke. See
 Halfe merke.

Profession (professio) is in the
common lawe, vsed particularly
for the entring into any religious
Order of Friars, &c. New booke
of Entries, verbo Profession. 

Profits apprender. See Pren­
der. 

Prohibition, (prohibitio) is a writ
framed for the forbidding of a­
ny court, either spirituall or se­
cular, to proceed in any cause
there depending, vpon sugge­
stion, that the cognition thereof
belongeth not to the said court.
Fitz. nat. br. fol. 39. G. but is most
vsually taken, especially in these
dayes, for that writ, which lyeth
for one that is impleeded in the
Court Christian , for a cause be­
longing to the temporall iuris­
diction, or the cognisance of the
Kings court, whereby as well
the parte and his Councell,
as the Iudge himselfe, and the
Register, are forbidden to pro­
ceed any farder in that cause:
for that it appertaineth to the
disinheriting of the Crowne of
such right as belongeth vnto
it. In how many cases this lyeth,
see Broke, hoc titulo , and Fitz. na.
br. fol. 3 9. & seqq. This writ, and
the præmunire , might in these
daies well be spared: For they
were helpes to the kings inheri­
tance and Crowne, when the
two swords were in two diuers
hands. Whereas now both the
Iurisdictions being setled in the
King, there is small reason of ei­
ther, except it be to wearie the
subiect by many quircks and de­
layes, from obtaining his right:
of this prohibition, you may
reade Bracton also, lib. 5. tract. 5.
cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. who
saith, that it lyeth not after sen­
tence giuen in any cause, how­
soeuer the case is altered: and a­
gaine, the statute made, anno 5 0.
Ed. 3. which ordaineth, that a­
boue one prohibition should
not lye in one cause. See the di­
uersitie of prohibitions in the ta­
ble of the original Regist. See the
new booke of Entries, verbo,
Prohibition , and Fitz. nat. br.
fol. 39. 

Prohibitio de vasto directa parti ,
 is a writ Iudiciall directed to the
tenent, and prohibiting him
from making waste vpon the









land in controuersie, during the
suite. Register Iudiciall. fol. 21. It
is sometime made to the Shy­
reeue, the example whereof you
haue there next following. 

Pro Indiuiso , is a possession, and
occupation of lands, or tene­
ments belonging vnto two or
more persons, whereof none
knoweth his seuerall portion, as
Coparceners before partition.
Bracton lib. 5. tracta. 2. cap.
pri. nu. 7. 

Prolocutour of the conuocation
house (prolocutor domus conuocatio­
nis) is an officer chosen by per­
sons ecclesiasticall publiquely
assembled by the kings writ at e­
uery parlament. And as there be
two houses of conuocation, so
be there two prolocutours, one
of the higher house, the other of
the lower house, who presently
vpon the first assembly is by the
motion of the Bishops, chosen
by the lower house, and presen­
ted to the Bishops for their pro­
locutour, that is, the man by
whom they meane to deliuer
their resolutions to the higher
house, and to haue their owne
house especially ordered and go­
uerned. His office is to cause the
clerk to call the names of such as
are of that house when he seeth
cause, to cause all things pro­
pounded to be read by him, to
gather the suffrages, and such
like. 

Promoters (promotores) be those,
which in popular and penall a­
ctions doe deferre the names, or
complaine of offenders, hauing
part of the profit for their re­
ward. These were called among
the Romaines Quadruplatores , or
Delatores. They belong especial­
ly to the Exchequer and the kings
bench. Smith de Repub: Anglo. li.
2. cap. 14. 

Pro partibus liberandis , is a writ
for the partition of lands be­
tweene coheires. Register origi­
nall, fol. 316. 

Prophecies (prophetiæ) be in our
common law, taken for wiserdly
foretellings of maters to come,
in certaine hidden and enigma­
ticall speeches. Whereby it fal­
leth out many times, that great
troubles are stirred in our com­
mon wealth, and great attempts
made by those, to whom the
speach framed, either by the de­
scription of his cognisance,
armes, or some other quality,
promiseth good successe anno 3.
Ed. 6. cap. 15. & anno 7. eiusdem.
cap. 11. & anno 5. Eliza. ca. 15.
But these for distinctions sake
ar called false, or phantasticall
prophecies. 

Property (proprietas) signifieth
the highest right that a man hath
or can haue to any thing, which
is no way depending vpon any
other mans courtesie. And this
none in our kingdome can be









said to haue in any lands, or te­
nements, but onely the King in
the right of his Crowne. Because
all the lands through the realme,
are in the nature of fee, and doe
hould either mediately or imme­
diately of the Crowne. See Fee.
This word neuerthelesse is in
our common law, vsed for that
right in lands and tenements,
that common persons haue, be­
cause it importeth as much as
(vtile dominium) though not (di­
rectum) . 

Proprietate probanda , is a writ.
See the originall Regist. fol. 83.
a. & 8 5. b. It lyeth for him, that
will proue a propertie before
the Shyreeue. Brookes Propertie.
1. For where a propertie is al­
ledged, a replegiare lyeth not.
Idem ibidem. 

Proprietarie (proprietarius) is he
that hath a propertie in any
thing: but it is most notoriously
vsed for him, that hath the
fruites of a benefice, to himselfe
and his heires or successours, as
in time past Abbots and Pri­
ors had to them and their
successours. See Appropriation.

Pro rata portionis. See Oner an­
do pro rata portionis.

Protection (protectio) hath a ge­
nerall and a speciall significa­
tion. In the generall it is vsed
for that benefite and safetie, that
euery subiect, or Denizen, or a­
lien specially secured, hath by the
Kings lawes And thus it is vsed,
anno 25. Ed. tertio. capite. 2 2.
Protection in the speciall sig­
nification is vsed for an exemp­
tion, or an immunitie giuen by
the King to a person against
suites in lawe, or other vexations
vpon reasonable causes him
thereunto moouing, which I
take to be a braunch of his pre­
rogatiue. And of this prote­
ction, Fitzh. maketh two sortes
in his nat. br. fol. 28. The first
forme or sort he calleth a prote­
ction, cum clausula volumus , wher­
of he mentioneth foure parti­
culars. A protection, quia profectu­
rus , for him that is to passe ouer
sea in the kings seruice: A prote­
ction, quia moratur , for him that
is abroad in the Kings seruice
vpon the sea, or in the marches,
anno 7. H. 7. cap. 2. A protecti­
on for the Kings debter, that he
be not siewed or attached vn­
till the King be payed his debt.
See anno 1 5. Ed. 3. This some
Ciuilians call moratoriam: which
see In singularibus Marantæ, verb.
Princeps. pag. 79. col. 2. And a
protection in the kings seruice
beyond the seas, or on the mar­
ches of Scotland: whereof you
may reade something, anno 1.
R. 3. cap. 8. See the Regist. orig.
fol. 23. and Britton. cap. 123. The
second forme of protection is
tearmed cum clausula, Nolumus:
which is graunted most com­









monly to a spirituall company
for their immunitie from taking
of their catell by the Kings
ministers. But it may be graun­
ted also to one man spirituall
or temporall. Of these things
reade the same authour: and the
formes of these writs. See also
in the Register originall. fol. 22.
& 23. And see the new Expo­
sitour of lawe termes, to what
action the kings protection doth
not extend. See also the new
booke of Entries, verbo Prote­
ction. 

Protonotarie, (protonotarius.) See
 Preignetarie.

Protestation, (protestatio) is (as
Iustice Walsh defineth it) a de­
fence or safegard to the partie,
which maketh it from being con­
cluded by the act he is about to
doe, that issue cannot be ioyned
vpon it, Plowden. fol. 27 6. b.
whereof see the Register original.
fol. 306. b. And see Protest.

Protest, (protestari) hath two
diuers applications: one is by
way of cautell, to call witnesse
(as it were) or openly to affirm,
that he doth either not at all, or
but after a sort yeeld his consent
to any act, as vnto a proceeding
of a Iudge in a court, wherein his
iurisdiction is doubtfull, or to
answer vpon his oath farder
then he by lawe is bounde.
See Plowden. casu Gresbroke. fol.
2 7 6. b. and the Register orig.
fol. 306. b. Another is by
way of complaint to protest
a mans bill: For example, if
I giue mony to a Merchant in
Fraunce , taking his bill of ex­
change to be repayed in En­
gland , by one to whome he
assigneth me, if at my com­
ming I find not my selfe sa­
tisfied to my contentment, but
either delayed or denyed: then
I goe into the Burse, or some
open concurse of Merchants,
and protest that I am decei­
ued by him. And thereupon
if he haue any goods remai­
ning in any mans hands with­
in the Realme, the lawe of
Merchants is, that I be paid
out of them. 

Prouuer (Probator) See Ap­
prouuer. anno 5. H. 4. ca. 2. See
 Approuours.

Prouince (Prouincia) was v­
sed among the Romans for a
Country without the compasse
of Italie , gained to their sub­
iection by the sword. where­
vpon the part of Fraunce next
the Alpes was soe called of
them, when it was in their do­
minion, and of that carieth the
same name at this present: But
with vs a province is most vsu­
ally taken for the circuit of an
Archebishops Iurisdiction, as
the Province of Canterbury ,
and the province of Yorke. anno
32. H. 8. cap. 23. & anno 33. eius­









dem. cap. 31. yet it is vsed diuers
times in our statutes for seuerall
parts of the Realme. 

Provinciall (Prouincialis) is a
cheife gouernour of an order
of Friers, anno quar. Henr. quar.
cap. 17. 

Protoforestarius , was he whom
the auncient kings of this
Realme made chiefe of Win­
four forest, to heare all causes
of death, or mayhem, or of
slaughter, or of the Kings deare
within the Forest. Camd. Britan.
pag. 213. See Iustice of the Fo­
rest. not in OED as headword 

Prove. See Profe.

Prouision (Provisio) is vsed
with vs, as it is vsed in the Ca­
non lawe, for the providing of
a Bishop, or any other person
of an ecclesiasticall liuing, by
the Pope, before the Incum­
bent be dead. It is also called
gratia expectatiua , or Mandatum
de providendo. The great abuse
whereof in the Pope through
all Christendome heretofore,
you may read, not only in Dua­
renus de sacris ecclesiæ ministeriis, &
beneficiis. lib. 3. cap. 2. but also for
England particularly, in diuers
statuts of the Realme. viz. anno.
2 5. Ed. 3. cap. 2 2 stat. 4. & statu.
5. commonly called the statute
de prouis ribus. &. anno. 27. eius­
dem. cap. i. & anno 38. eiusdem. stat.
2. cap. 1. & 2. 3. 4. & anno 38.
eiusdem, & anno 2. Rich. 2. cap. 7.
& anno 3. eiusdem cap. 3. & anno.
7. eiusdem. cap. 12. & anno 12.
eiusdem, cap. 15. & anno 13.
eiusdem, stat. 2. cap. 2. & 3. &
anno 16. eiusdem cap. 5. &
anno 2. H. 4. cap. 3. & 4.
& anno 5. eiusdem, cap. pri. &
anno 7. eiusdem, cap. 6. & 8.
& anno 9. eiusdem, cap. 8. &
anno 3. H. 5. cap. 4. See
Præmunire. 

Provisour (Provisor) is he that
sieweth to the court of Rome
for a prouision. old. nat. br. fol.
1 43. See  Provision.

Proviso , is a condition inser­
ted into any deede, vpon
the obseruance wherof the va­
liditie of the deede consisteth,
which forme of condition see­
meth to be borrowed from
Fraunce. for (Pourveu Gallicum
semper conditionem inducit. Tira­
quel. tomo. 3. pag. 216. Our com­
mon lawyers say that it some­
time signifieth but a couenant,
whereof you haue a large dis­
pute in the 2. booke of Sir
Ed. Cokes reports in the Lord
Cromwels case. It hath also ano­
ther signification in maters Iu­
diciall: as if the plaintife or de­
maundant desist in prosecuting
an action, by bringing it to a
triall, the defendant or tenent
may take out the venire facias
to the Shyreeue: which hath in
it these words, Prouiso quòd, &c.
to this ende, that if the plain­









tife take out any writ to that
purpose, the shyreeue shall sum­
mon but one Iurie vpon them
both. See old natura breuium in
the writ Nisi prius. fol. 159. 

Purchas. See pourchas.

Purfles of a womans growne.
 anno 33. H. 8. cap. 5. 

Purgation (Purgatio) is a
cleering of a mans selfe from a
crime, whereof he is probably
and publiquely suspected, and
thereof denounced to a Iudge.
Of this there was great vse in
England touching maters of fe­
lonie imputed to Clerks in for­
mer time, as appeareth by
S tawnf. pl. cor. lib. 2. cap. 4 8. See
Clergie. It is still obserued for
mater pertaining to the ecclesi­
asticall court, as suspicion, or
common fame of Incontinen­
cie, or such like. Purgatio is either
canonicall (canonica) or vulgar
(vulgaris) Canonicall is that
which is prescribed by the Ca­
non lawe: the forme whereof
is vsuall in the spirituall courte,
the man suspected taking his
oath that he is cleere, of the
fault obiected, and bringing so
many of his honest neighbours,
being not aboue twelue, as the
court shall assigne him, to sweare
vpon their consciences and cre­
dulitie that he sweareth truly, or
hath taken a true oath. Vulgar
purgation was by fire, or water,
or by combat, vsed by Infidels,
and Christians also, vntill by the
Canon lawe it was abolished,
tit. 15. de purgatione Can. & vul­
ga. in Decretalibus. Combat,
though it be lesse in vse then it
was, yet is it, and may be still
practised by the lawes of the
Realme , in cases doubtfull, if the
defendant chuse rather the
Combat then other triall. See
Ordel. See Combat.

Purlue , is all that ground
neere any Forest, which being
made Forest by Henry the se­
cond, Richard the first, or King
Iohn , were by perambulations
graunted by Henry the third, se­
uered againe from the same.
Manwood. parte 2. of his Forest
lawes. eap. 20. And he calleth this
ground either Pourallee. i. peram­
bulationem , or purlieu. and purluy ,
which he saith be but abusiuely
taken for pourallee. vbi supra. nu.
3. But with the licence of that
industrious and learned gentle­
man, I am bold to say, that this
word may be no lesse fitly made
of two French words (pur. i. pu­
rus) and (lieu. i. locus) and my
reason is, because that such
grounds as were by those kings
subiected to the lawes, and or­
dinances of the Forest, are now
cleered and freed from the
same: for as the Ciuilians cal
that purum locum, qui sepul­
chrorum religioni non est obstri­
ctus. §. 9. de rerum divis. in institut.









so, no doubt, in imitation of that
very point, our auncestours cal­
led this purlieu, id est, purum lo­
cum , because it was exempted
from that seruitude or thraul­
dom, that was formerly laid vp­
on it. So (ager purus est, qui neque
sacer, neque sanctus, neque religiosus,
sed ab omnibus huiusmodi nominibus
vacare videtur. l. 2. §. 4. π. de religio.
& sumptibus funerum.) And
therefore M. Cromptons Purraile
is not much amisse fol. 1 5 3. of
his Iurisd. because we may also
deriue it from the French words
(pur) and (Allee) that is as much
to say, as a cleere, or a free
walke or passage. And where
it is sometime called Pouralee ,
that may and doth come from
(pur) and (Allee) i. Itio, profectio,
ambulatio) because he that wal­
keth or courseth within that
compasse, is cleere enough from
the lawes, or penalties incurred
by them, which hunt within the
precincts of the Forest. See the
stat. anno 3 3. Ed. pri. stat. 5. 

Pourlie man , is he that hath ground
within the Purlieu , and being
able to dispend 40. shillings
by the yeare of free hould, is
vpon these two points licen­
sed to hunt in his owne purlieu.
Manwood. parte pri. of his Forest
lawes. pag. 151. & 177. but
what obseruations he must vse
in his hunting, see him pag. 180
181. 186. See him likewise par­
te 2. cap. 20. nu. 5. 8. 9. &c.
See  Purlieu.

Purpresture. See Pourpresture.

Pursey, anno 43. Elizabeth. cap.
10. 

Purswivant. See Poursui­
vant. 

Purveyours. See Pourvey­
ours. 

Pyker, aliâs Pycar , a kind of
shippe. anno 31. Ed. 3. Stat. 2.
cap. 2. 


Q

QVadragesima , is the first son­
day in lent, so called (as
I take it) because it is the four­
tith day before Easter. The son­
day before that is Quinquage­
suima , the second before Sexage­
sima , the 3. septuagesima. 

Quæ plura , is a writ, that lieth
where an Inquisition hath beene
made by the Escheatour in any
countie, of such lands or tene­
ments, as any man died seised of,
and all that was in his possessi­
on be not thought to be found
by the office. The forme where­
of see in the Register originall,
fol. 293. and in Fitzh. nat. br. fol.
2 5 5. It differeth from the writ
called melius inquirendo , as Fitz:
there saith, because this is gran­
ted, where the Escheatour for­
merly proceeded by vertue of
his office: and the other, where
he found the first office by ver­









tue of the writ called, Diem
clausit exeremum. See the newe
booke of Entries. verbo. Quæ
plura. 

Quærens non invenit plegium.
 is a returne made by the Shy­
reue vpon a writ directed vnto
him with this condition inser­
ted. Si A fecerit B. securum
de loquela sua prosequenda, &c.
Fitzh. nat. br. fol. 38. O. 

Quæ seruicia , is a writ. See Per
quæ servitia.

Quale ius , is a writ Iudiciall,
that lieth where a man of reli­
gion hath iudgement to reco­
uer land, before execution be
made of the Iudgement, for this
writ must betweene Iudgement
and execution, goe forth to
the Escheatour, to inquire whe­
ther the religious parson hath
right to recouer, or the Iudge­
ment is obteined by collusion
betweene the Demaundant and
the Tenent, to the intent the
true Lord be not defrauded.
See Westm. 2. cap. 32. Cum viri re­
ligiosi, &c. the forme of this
writ you may haue in the Re­
gister Iudiciall, fol. 8. 16. 17. &
46. and in the old. nat. br. fol.
161. See the newe boke of
Entries. verbo. Quale ius. 

Quare eiecit infra terminum ,
 is a writ, that lieth for a leassee,
in case where he is cast out of
his ferme before his terme be ex­
pyred, against the feoffee of the
leassour, that eiecteth him. And
it differeth from the Eiectione
Firmæ , because this lyeth: where
the leassour after the lease made,
infeoffeth another, which eie­
cteth the leassee. And the Eiecti­
one firmæ lieth against any other
Straunger, that eiecteth him. The
effect of both is all one: and that
is to recouer the residue of the
terme. See Fitzh. nat. br. fol. 197.
See the Register originall, fol.
227. and the newe booke of
Entries. verbo. Quare eiecit infra
terminum. 

Quare impedit , is a writ, that
lyeth for him, who hath
pourchased a maner with an
Advousen thereunto belonging,
against him that disturbeth him
in the right of his Advowsen,
by presenting a Clerk thereunto,
when the Church is voide. And
it differeth from the writ called
(Assisa vltimæ præsentationis) be­
cause that lieth, where a man or
his Auncestours formerly pre­
sented, and this for him, that is
the pourchasour him selfe. See the
Expositour of the termes of law,
and owld nat. br. fol. 27. Bracton.
lib. 4. tracta 2. cap. 6. Britton cap.
92. and Fitzh. nat. br. fol. 32. and
the Register originall. fol. 30.
where it is said that aQuare im­
pedit is of a higher nature, then
Assisa vltimæ præsentationis ; be­
cause it supposeth both a posses­
sion and a right. See at large









the newe booke of Entrise. verbo.
Quare impedit. 

Quare incumbrauit , is a writ,
that lyeth against the Bishop,
which within sixe monethes af­
ter the vacation of a benefice,
conferreth it vpon his Clerke,
whilest two others be contend­
ing in law for the right of pre­
senting. Exposition of the terms
of law, old. nat. br. fol. 30. and
Fitzh. nat. br. fol. 48. Register ori­
ginall. fol. 32. 

Quare intrusii matrimonio non
satisfacto , is a writ that lyeth for
the Lord against his tenent be­
ing his ward, that after couena­
ble mariage offered him, marieth
another, and entreth neuer the
lesse vpon his land, without a­
greement first made with his
Lord and Gardian. Terms of the
law. 

Quare non permittit , is a writ
that lyeth for one that hath right
to present for a turne against the
proprietary. Fleta. lib. 5. cap. 16. 

Quarentine (quarentina) is a
benefit allowed by the lawe
of England, to the widow of a
landed man deceased, whereby
shee may challenge to continue
in his capitall messuage, or cheife
mansion house, by the space of
40. daies after his decease. Of
this see Bracton lib. 2. cap. 4 0.
And if the heire, or any other at­
tempt to eiect her, shee may
haue the writ De Quarentina ha­
benda. Fitzh. nat. br. fol. 161. see
anno 9, H. 3. cap. 7. & anno 20.
cap. pri. and Britton. cap. 103. M.
Skene de verborum significatione.
verbo Quarentina viduarum , deri­
ueth this word from the French
Quaresme. Who also haue this
custome called lo quaresme des
vefues granted to widows after
the decease of their husbands: as
he proueth out of Papon in his
Arrests libro 15. titulo des dots.
cap. 7. & lib. 10. tit. Substitutio­
nes cap. 30. Of this read Fleta al­
so lib. 5. cap. 23. 

Quarentena habenda , is a writ,
that lyeth for a widow to inioy
her Quarentine. Register originall.
fol. 175. 

Quare non admisit , is a writ,
that lyeth against the Bishop re­
fusing to admit his Clerk, that
hath recouered in a plee of Ad­
uowsen. The furder vse whereof
see in Fitzh. nat. br. fol. 47. &
Register originall: fol. 32. See the
new booke of Entries. verbo qua­
re non admisit. 

Quare obstruxit , is a writ, that
lyeth for him who hauing a ser­
uitude to passe through his
neighbours ground, cannot in­
ioy his right, for that the owner
hath so strengthened it. Fleta: li.
4. cap. 26. §. Item si minus. 

Quarter Sessions , is a court
held by the Iustices of peace
in euery Countie, once euery
quarter. The iurisdiction where­









of how farre it extendeth, is
to be learned out of M. Lam­
berds Eirenarcha. Sir Thomas
Smith de Republ. Anglor. lib. 2. ca.
19. But to these you must
adde the late statutes of the
Realme, for their power dai­
ly increaseth. Originally it see­
meth to haue bene erected
onely for maters touching the
peace. But in these daies it exten­
deth much farder. That these Ses­
sions shold be held quarterly, was
first of all ordeined (so farre as I
can learne) by the statute anno
2 5. Ed. 3. stat. pri. cap. 8. of these
read Lamberds Eirenarcha the
fourth booke throughout, where
he setteth them out, both lear­
nedly, and at large. 

Quashe (quassare) commeth of
the French (quasser . i. quassare,
conquassare) it signifieth in our
common law to ouerthrowe,
Bracton lib. 5. tracta. 2. cap. 3.
nu. 4. not in OED as headword

Quekbord, anno 17. Ed. 4. ca. 2. 

Que est mesme , signifieth ver­
batim. Which is the selfe same
thing. It is vsed in our common
law as a word of art in an action
of trespas, or of like nature, for a
direct iustification of the very act
complained of by the plaintiffe as
a wrong, for example, in an a­
ction of the case, the plaintiffe
saith that the Lord threatned his
Tenents at will in such sort, as he
draue them to giue vp their te­
nures. The Lord for his defence
pleadeth, that he said vnto them,
that if they would not depart, he
would siew them as the law
would. This being the same
thretning that he vsed, or, to
speake artificially que est le mesme
the defence is good. Of this see
Kitchin in the chapter. Que est le
mesme. fol. 236. where you may
haue many like examples. 

Que estate , word for word, sig­
nifieth, Quem statum: It signifi­
eth in our common law, a plee
whereby a man intitling another
to lands, &c. saith that the same
estate that he had, himselfe hath
from him: for example, in a Qua­
re impedit the Plaintife allead­
geth that such foure persons
were seised of lands, whereun­
to the Advowsen in question
was appendant in fee, and did
present to the Church, and after­
ward the Church was voide,
Que estat del, &c. that is which
estate of the foure persons, he
saith also, that he hath nowe
during the vacation, by vertue
whereof he presently, &c. Brooke
titulo Que estate. fol. 175. & 176.
But it is harder to knowe when
this Que estate is to be pleaded,
then to vnderstand what it is, as
by him may appeare. See the
new booke of Entries. verbo. Que
estate. 

Queene (Regina) is either shee
that houldeth the Crowne of this









Realme by right of blood, or els
shee that is maried to the King.
In the former signification shee
is in all construction the same
that the King is, and hath the
same power in all respects. In the
other signification shee is inferi­
our, and a person exempt from
the King. For shee may siew and
be siewed in her owne name.
Yet that shee hath, is the Kings,
and looke what shee looseth, so
much departeth from the King.
Stawnf: prærog: cap. 2. fol. 10.
in fine. See Kitchin fol. 1. b. See
Cooke lib. 4. Copy-hould cases, fo. 23.
b. Augusta was the like among
Romaines, how be it not eiusdem
iuris in all things. 

Queenes siluer. See Kings siluer.

Quem reditum reddat , is a writ
Iudiciall, that lyeth for him to
whom a rent seck, or rent charge
is graunted by fine leuied in the
Kings Court, against the Tenent
of the land, that refuseth to at­
turne vnto him, thereby to cause
him to atturne. See old: nat. br:
fol. 156. and West. parte 2. Sim­
bol: titulo Fines. sect: 125. See the
new booke of Entries. Verbo
Quem reditum reddit. 

Querela friscæ fortiæ , is a writ.
See Fresh force. 

Querela coram Rege & consilio
discutienda, & terminanda , is a
writ, whereby one is called to
iustifie a complaint of a trespasse
made to the king and himselfe
before the King & his counsell.
R egister originall, fol. 124. b. 

Questus est nobis, &c. is the
forme of a writ of Nusance,
which by the statute anno 13. Ed.
pri. cap. 24. lieth against him, to
whome the house or other thing
that breedeth the Nusance, is
alienated, wheras before that sta­
tute, this action lay onely against
him, that first leuied the thing, to
the hurt of his neighbour. See
the Statute. 

Quia improvide , seemeth to
be a supersedeas graunted in
the behalfe of a clerke of
the Chawncerie siewed against
the priuiledge of that court, in
the common plees, & persiewed
to the exigend. See Dyer. f. 33. n. 18. 

Quid iuris clamat , is a writ
Iudiciall issuing out of the Re­
cord of the Fine, which remai­
neth with the Custos breuium of
the common place, before it
be ingrossed (for afterward it
cannot be had) and it lieth for
the Grauntee of a Reversion,
or Remainder, when the parti­
cular tenent will not atturne.
West. parte. 2. symbol. titulo. Fines.
sect. 118. whome see farder. See
the Register Iudiciall, fol. 36. 57.
And the newe booke of Entries.
verbis Quid iuris clamat. 

Quinquagesima Sunday , is al­
way the next Sabbath before
Shrouetide, so called, because
it is the fiueteth day before









Easter. The reasons of this
appellation who so desireth to
know, hee may finde diuers
such as they bee, in Durandi
Rationali diuinorum, capit. De
Quinquagesima. Sexagesima Sun­
day is the next Sabbath before
Quinquagesima , so called in the
opinion of the said authour,
because the number of sixtie
consisteth of sixe times tenne:
sixe hauing reference to the sixe
workes of mercie, and tenne
to the tenne commandements.
Septuagesima is the next before
Sexagesima , and is instituted and
so called, as Durand likewise
saith, for three things: and (to
vse his owne words,) Primò,
propter redemptionem Sabbathi, vel
secundum alios, quintæ feriæ, in qua
sancti Patres statuerunt ieiunari.
Secundò, propter repræsentationem,
quoniam repræsentat septuaginta
annos captiuitatis Babilonicæ. Ter­
tio, propter significationem, quo­
niam per hoc tempus significatur
deuiatio, exilium, & tribulatio to­
tius humani generis ab Adam vsque
ad finem mundi: quod quidem ex­
ilium sub revolutione septem die­
rum peragitur, & sub septem milli­
bus annorum includitur. But of
these three dayes, you may
reade him at large, that haue a
mind to learne of him. I onely
take occasion to note, what time
of the yeare they be, because
I find them spoken of in our an­
cient lawe writers, as Britton ca.
53. and such like. 

Quite claime (quiete claman­
tia, vel quieta clamantia) is a re­
lease or acquiting of a man for
any action, that he hath, or
might haue against him. Bracton
lib. 5. tract. 5. cap. 9. num. 9. &
lib. 4. tractat. 6. cap. 13. num.
prim. 

Quittance (quietantia ,) see  Ac­
quitance. 

Quid pro quo , is an artificiall
speech in the common lawe, sig­
nifying so much as the Greeke
συν' αλλαγμα , among the Ciuili­
ans, which is a mutuall pre­
testation or performance of
both parties to a contract:
as a horse and tenne pound
betweene the buyer and the sel­
ler. Kitchin, fol. 1 84. 

Quinsieme (Decima quinta)
 is a French word, signifying a
fifteenth. It is vsed in our com­
mon lawe, for a taxe laid vpon
the subiects, by the Prince. an.
7. H. 7. cap. 5. so tearmed, be­
cause it is rated after the fif­
teenth part of mens landes or
goods. See Fifteenth and Taxe.
The Fifteenth (as Crompton saith
in his Iurisdict. fol. 2 1.) is leuied
more commonly in these dayes
by the yards of land: and yet
in some places by goods also:
and note also, that he there saith,
that it is well knowne by the
Exchequer rolle, what euery









towne through England is to pay
for a Fifteenth. Sometime this
this word Quinsieme is vsed for
the fifteenth day after any
feast, as Quinsieme of S. Iohn Ba­
ptist. anno 1 3. Ed. prim. cap. 3. &
anno decimo octæuo. eiusd. capit.
prim. 

Quòd ei deforciat , is a writ
that lyeth for the tenent in tayle,
tenent in dower, or tenent for
terme of life, hauing lost by
default, against him that reco­
uered, or against his heire. Expo­
sition of termes. See Broke hoc tit.
See the Regist. original. fol. 171.
and the new booke of Entries.
verbo Quod ei defortiat. 

Quod permittat , is a writ, that
lyeth for him that is disseised
of his commune of pasture,
against the heire of the dissei­
sour being deade. Termes of
lawe. Briton cap. 8. saith that this
writ lyeth for him, whose aunce­
stour died seised of commune of
pasture, or other like thing
annexed to his inheritance, a­
gainst the Deforceour. See Broke
hoc titulo. See the Register origin.
fol. 1 5 5. and the new booke of
Entries. verbo, Quòd permit­
tat. 

Quod Clerici non eligantur in
officio Ballivi, &c. is a writ, that
lyeth for a Clerke, which by
reason of some land he hath,
is made, or in doubt to be made
either Bayliffe, Bedell, or Reeue,
or some such like officer. See
Clerico infra sacros, &c. See the
Register orig. fol. 1 87. Fitz. nat.
br. fol. 175. 

Quòd Clerici beneficiati de Can­
cellaria, &c. is a writ to exempt
a Clerk of the Chauncerie from
contribution toward the Pro­
cters of the Clergie in Parla­
ment. Register originall: fol.
261. a. 

Quòd personæ, nec Præbendarii,
&c. is a writ, that lieth for
spirituall persons, that are di­
strained in their spirituall pos­
sessions for the payment of the
fifteenth with the rest of the
parish. Fitz. nat. br. fol. 176. 

Quòd non permittat. See Consu­
etudinibus, & seruiciis. 

Quo iure , is a writ, that ly­
eth for him that hath land,
wherein another chalengeth
commun of pasture time out
of mind. And it is to com­
pell him to shewe by what
title he challengeth this com­
mune of pasture. Fitzh. nat.
br. fol. 128. Of this see Brit­
on more at large, cap. 59. see
the Register origin. fol. 156. and
the newe booke of Entries.
verbo Quo iure. 

Quo minus , is a writ, that
lyeth for him, which hath a
graunt of house bote, and hey­
bote, in another mans woods,
against the graunter making
such waste, as the grauntee









cannot enioy his graunt. old nat.
br. fol. 148. Termes of lawe: see
Brooke, hoc titulo. See Kitchin
fol. 178. b. This writ also ly­
eth for the Kings fermer in the
Exchequer, against him to whom
he selleth any thing by way of
bargaine touching his ferme.
Perkins Graunts. 5. For he sup­
poseth, that by the breach of
the vendee he is disabled to pay
the king his rent. 

Quo warranto , is a writ that ly­
eth against him, which vsurpeth
any Frawnchis or libertie against
the king, as to haue wayfe,
stray, faire, market, court Baron,
or such like, without good title.
old. nat. br. fol. 14 9. or else a­
gainst him that intrudeth him­
selfe as heire into land. Bracton,
lib. 4. tractat. 1. cap. 2. num. 3.
See Broke hoc titulo. You may
reade of this also. anno 1 8. Ed.
prim. Stat. 2. & 3. & anno 30
eiusdem. And the new booke of
Entries. Quo warranto. 


R

RAcke vintage, anno 32. H. 8.
cap. 14. is a second vintage
or voyage for wines by our Mer­
chants into Fraunce, &c. For
rackt wines, that is, wines clen­
sed and so purged, that it may
be and is drawne from the leese.
From this voyage our Mer­
chants commonly returne a­
bout the end of December, or
beginning of Ianuarie. 

Radknights. See Rodeknights.

Ran , is a Saxon word, signify­
ing so open a spoiling of a man,
that it cannot be denied. Lamb.
Archan. fol. 125. defineth it thus:
Ran dicitur aperta rapina, quæ ne­
gari non potest. not in OED as headword with this definition

Ransome, (redemptio) commeth
of the French (rançon) or (ren­
çon) i. (redemptio.) It signifieth
properly with vs, the summe
paid for the redeeming of a Cap­
tiue: and sometime a great summ
of money to be paid for the par­
doning of some heinous crime.
anno pri. H. 4. cap. 7. Note that
when one is to make fine, and
Ransome, the Ransome shal be
treble to the Fine. Cromptons Iu­
stice of peace. fol. 142. a. and
Lamb. Eirenarch: lib. 4. ca. 16.
pa. 556. Horne in his mirrour of
Iustices, maketh this difference
betweene amerciament, and
ransome, because ransome is the
redemption of a corporall pu­
nishment, due by law to any of­
fence, lib. 3. cap. de amerciament
taxable. 

Rape (rapus vel rapa) is a part
of a county, signifiing as much as
a Hundred. As Southsex is diui­
ded into sixe parts, which by a
peculiar name are called rapes:
viz: the Rape of Chichester , of
Arundell , of Brember , of Lewis , of
Peuensey , of Hastings. Camden:









Britan. pag. 225. whom also see
pag. 229. These parts are in o­
ther places called Tithings,
Lathes, or Wapentakes. Smith
de Repub. Anglo. lib. 2. ca. 16. 

Rape (raptus) is a felony com­
mitted by a man in the violent
deflowring of a woman, be shee
ould, or young : Britton: cap. 1.
whereof West. parte. 2. Simbol. ti­
tulo Inditements, secto: 54. hath
these words : Copulation violent , is
termed, a rape, or rauishment of
the bodie of a woman against
her will: which is carnall know­
ledge had of a woman, who ne­
uer consented thereunto before
the fact, nor after. (And this in
Scotland ought to be complai­
ned of the same day, or night
that the crime is committed.
Skene de verborum significa. verbo
Raptus. his reason. quia lapsu diei
hoc crimen præscribitur) This offence
is with vs Felony in the princi­
pall, and his ayders. anno 11. H.
4. cap. 13. anno pri. Ed. 4. cap.
pri. Westm. 2. cap. 13. (But Fleta
saith that the complaint must be
made within fourty dates, or els
the woman may not be heard.
lib. 3. cap. 5. §. Præterea. And
carnall knowledge of a woman
vnder tenne yeares ould is felo­
ny. anno. 8. Elizab. cap 6. Thus
far M. West: of the diuersity of
Rapes, see Cromptons Iustice of
peace. fol. 43. b. & 44. See Rauish­
ment. The ciuile lawe vseth (rap­
tus) in the same signification. And
(rapere virginem vel mulierem, est
ei vim inserre & violere. Co. li. 9. de
raptu virgines. 

Raptu hæredis , is a writ lying
for the taking away of an heire
houlding in Soccage, and of this
there be 2. sorts, one when
the heire is maried, the other
when he is not; of both these see
the Register originall. fol. 163. b. 

Rastall , was a Lawyer of reue­
rend accoumpt, that liued in
Queene Maries daies, and was a
Iustice of the common plees. He
gathered the statutes of the land
into an Abridgement, which ca­
rieth his name at this day. He is
also the author of the new booke
of Entries. 

Ratification (ratificatio) is vsed
for the confirmation of a Clerk,
in a prebend, &c. formerly gi­
uen him by the Bishop, &c.
where the right of patronage is
doubted to be in the King. Of
this see the Register originall: fol.
304. 

Rationabili parte bonorum , is a
writ that lyeth for the wife a­
gainst the Executours of her hus­
band, denying her the third part
of her husbands goods after
debts and funerall charges de­
frayed. Fitzh. nat br. fol. 222.
Who there citeth the 18. chap­
of magna charta , and Glanuile , to
proue, that according to the
common law of England, the









goods of the deceased, his debts
first paid, should be diuided into
three parts, whereof his wife to
haue one, his children the se­
cond, and the Executours the
third. Fitzherbert saith also, that
this writ lyeth as well for the
children, as for the wife. And
the same appeareth by the Regi­
ster originall fol: 1 4 2. b. I haue
heard some learned men say, that
it hath no vse, but where the cu­
stome of the country serueth for
it. See the new booke of Entries,
verbo: Rationabili parte: et Rationa­
bili parte bonorum. 

Rationabilibus diuisis , is a writ,
which lyeth in case, where two
Lords in diuers townes haue
their seigneuries ioyning toge­
ther, for him, that findeth his
waste, by litle and litle, to haue
bene encroched vpon within
memory of man, against the o­
ther that hath encroched, there­
by to rectifie the bounds of their
seigneuries. In which respect
Fitzherbert calleth it, in his owne
nature, a writ of right. The old
natura breuium saith also, that
this is a Iusticies, and may be re­
moued by a pone out of the
county to the common Bank:
See farder the forme and vse of
this writ in Fitzh. nat. br. fol. 128.
and in the Register, fol. 157. b. and
the new booke of Entries. verbo.
Rationabilibus diuisis. The ciuili­
ans call this Iudicium finium regun­
dorum. 

Rauishment, raptus commeth
of the French (rauissement. i. di­
reptio, ereptio, raptio, raptus, raptu­
ra) and signifieth in our law, an
vnlawfull taking away either of
a woman, or of an heire in ward.
Sometime it is vsed also in one
signification with rape, viz. the
violent deflowring of a woman,
See Rape. And thereupon is the
writ called Rauishment de gard , o­
therwise called de hærede abducto ,
lying for the Lord, whose tenens
by reason of his tenure in
Knights seruice being his ward,
is taken and conueied from him.
See Fitzh. natu br. in the writ De
recto de custodia. fol. 1 4 0. F. See
also the old nat br. fol. 92. 93. &
94. See the new booke of Entries.
verbo. Rape, & Rauishment de gard. 

Rawe, anno 4. Ed. 4. cap. 1. 

Rawnge , commeth of the
French (Ranger. i. astituere, or­
dinare) or else the Substantiue
(Rang. i. ordo, series) It is vsed in
our common lawe, both as a
verbe (as to Raunge) and also
as a substantiue (as to make
Rawnge) charta de Foresta, cap. 6.
The word is appropriated to
the Forest, signifiing the office
of the Rawnger. The Rawnger
is a sworne officer of the Forest
(of which sort there seeme to
be twelue) charta de Foresta. cap.
7. whole authoritie is partly
declared in his oath, set downe









by M. Manwood parte pri. of his
Forest lawes, pag. 50. in these
words: You shall truly execute
the office of a Rawnger in the
Purlieuse of B. vpon the bor­
ders of the kings Forest of W.
you shall rechase, and with
your hound driue backe again
the wild beasts of the Forest, as
often as they shall raunge out of
the same Forest into your Pur­
lieuse. You shall truly present all
vnlawfull hunting, and hunters
of wild beasts of venerie, as
well within the purlieuse, as
within the Forest. And these
and all other offences you shall
present at the Kings next
court of Attachements, or
Swainmote, which shall first
happen, so helpe you God.
But the same author setteth
downe his office more particu­
larly in his second part c. 20. n.
15. 16. & 17. The summ wherof
is this. A Raunger is an officer
of the Forest, or to the Forest,
but not within the forest, hauing
no charge of vert, but only
of venison that commeth out of
the forest into his charge, or part
of the pourallee, to sate conduct
them back againe. And ther­
fore in those forests that haue
no pourallees, there be
no Rawngers, but Fori­
sters serue the turne. This
Raunger is made and appointed
by the King his leters patents
vnder the great seale, and for
his better incouragement in his
dutie, he hath a yearely fee of
2 0. pound or 30. pound paid
out of the Exchequer, and cer­
taine fee Deere both redde and
falow. His office consisteth
cheifely in these three points
ad perambulandum quotidie per
terras de afforestatas, ad videndum,
audiendum & inquirendum, tam de
malefactis, quàm de malefactori­
bus in Ballina sua: ad refugandum
feras Forestæ tam veneris quàm
chaseæ de terris deafforestatis, in
terras afforestatas: and, ad presen­
tandum omnes transgressiones Forestæ
in terris deafforestatis factas, ad pro­
iximas curias illius Forestæ tentas. 

Rawnsom. See Ransom.

Ray , seemeth to be a word at­
tributed to cloth neuer coloured
or died. v. anno 11. H. 4. cap. 6. 

Realtie. See Royaltie.

Reasonable ayde (Rationabile
auxilium) is a duty that the
Lord of the fee claimeth of his tenents, houl­
ding by Knights seruice or in
soccage to Marye his daughter,
or to make his sonne Knight.
Westm. 1. cap. 39. See Ayde. See
Brooke titulo Reasonable aide. 

Reattachement (Reattachia­
mentum) is a second attache­
ment of him, that was formerly
attached, and dismissed the court
without day, as by the not
comming of the Iustices, or some
such like causualtie. Brooke tit. Re­
attachment ; where he maketh a









Reattachment generall and a
Reattachment speciall. Reat­
tachment general seemeth to be,
where a man is reattached for
his appearance vpon all writs
of Assise lying against him.
Brooke eodem nis. 1 4. Then spe­
ciall must be for one, or more
certaine, Register Iudiciall, fol.
35. See the newe booke of En­
trise. verbo Reattachment. 

Rebellion (Rebellio) is a French
word signifiing the taking vp of
armes against the King or pre­
sent estate. This French com­
meth from the Latine (Rebellio)
which signifieth a second resi­
stance of such as being former­
ly ouercome in battaile by the
Romanes, yeelded themselues to
their subiection. The French
men and we vse it generally for
the traiterous taking vp of
armes against the estate, be it
by naturall subiects, or by o­
thers formerly subdued. Reade
more of this. lib. 3. feudorum
cap. 61. and Hotoman vpon the
same chapter. See the writ of
Rebellion. Rebell is sometime
attributed to him that wilful­
ly breaketh a lawe. anno 25.
Ed. 3. cap. 6. & anno 31. eiusdem,
stat. 3. c. 2. sometime to a villein
disobeying his Lord, a. 1. R. 2. c. 6. 

Rebellious Assembly , is a ga­
thering together of 12. persons
or more, intending or going a­
bout, practising, or putting in vre
vnlawfully of their owne au­
thoritie to chaunge any lawes,
or statutes of this Realme, or to
destroy the inclosure of any
park, or ground inclosed, or
bankes of any fisheponds, pale,
or conduict, to the intent the
same shall remaine voide, or
to the intent vnlawfully to haue
common, or way in any of the
said grounds, or to destroy the
Deere in any Park, or any warren
of conies, or douehouses, or fish
in any pondes, or any house,
barnes, mils, or bayes, or to
burne stacks of corne, or to a­
bate rents, or prices of victuals,
an. pri. Mar. c. 12. & an. 1. Eliza.
cap. 1 7. See West. parte 2. symbol.
titulo Inditements. Sectio. 65. And
Cromptons Iustice of peace. f. 41. b. 

Rebutter , commeth of the
French (Bouter. i. pellere, impellere,
propellere, intrudere) and signifieth
in our common lawe the same
thing. For example, a man gi­
ueth land to him and the issue
of his body, to another in fee
with warranty. And the Donnee
leaseth out this land to a third for
yeares. The heire of the Donour
impleadeth the tenent, alleadg­
ing that the land was intailed to
him. The Donee commeth in,
and by vertue of the warrantie
made by the Donour, repelleth
the heire, because though the
land were intailed to him: yet
he is heire to the warranty like­









wise; and this is called a Rebut­
ter. See Brooke. titulo Barre: nu.
13. And againe if I graunt
to my tenent to hould sine impe­
titione vasti , and afterward I im­
plede him for waste made, he
may debarre me of this action,
by shewing my graunt, and
this is likewise a Rebutter. I­
dem, eodem, nu. 2 5. See the newe
booke of Entries, verbo Rebutter. 

Renant, anno 32. H. 8. ca. 2. 

Recaption (Recaptio) signifieth
a second distresse of one for­
merly distreined for the selfe
same cause, and also during the
plee grounded vpon the for­
mer distresse. It likewise signifi­
eth a writ lying for the party
thus destreined, the forme, and
farder vse whereof, you may see
in Fitzh. nat. br. fol. 71. and the
Register orig. fol. 86. and the Re­
gister Iudiciall, fol. 69. and the new
booke of Entries. verbo. Recapti­
on. 

Receyver (Receptor , or Recepta­
tor) generally and indefinitely
vsed, is as with the Ciuilians, so
also with vs, vsed commonly in
the euill part for such as receiue
stollen goods from theeues, and
conceale them. l. 1. π. de receptato­
ribus , but annexed to other
words, as the receiuer of rents,
&c. it signifieth many times an
officer of great accoumpte, be­
longing to the king or other
great personage. Cromptons Iuris­
dict. fol. 18. There is also an
officer called the Reiceiuer of
Fynes , who receiueth the mony
of all such, as compound
with the King in the office of
the finances for the buying of
any lands, or tenements houl­
den in Capite. West. parte 2. sym­
bol. titulo Fines. sect. 106. Recei­
uer of all offices accounptable.
anno. 1. Ed. 4. ca. 1. 

Receiuer generall of the Duchy
of Lancaster , is an officer belon­
ging to the Duchy court, that
gathereth in all the reuenewes
and fines of the lands of the said
Duchy, and of all forfeitures
and assesments, or what else is
thence to be receiued. 

Receiuer generall of the court of
Wards and liueries , is an officer be­
longing to that court, that is to
receiue all rents, revenewes and
fines of the lands belonging to
his maiesties wards, as also the
fines for licences to the Kings
widowes to mary, of ouster le
main sued out, and for idiots
and lunatikes land, and finally
all other profits whatsoeuer
in mony arising to his maiestie
out of or by reason of the court
of wards and lyveries. 

Receiuer generall of the Muster
rolles. anno. 3 5. El. ca. 4. 

Receiuer generall of the Duchie
of Lancaster of the wards, and live­
ries, anno 39. Elizab. cap. 7. 

Receyt. See Resceit. 









Recluse (Reclusus) is he, that
by reason of his order in religi­
on, may not stirre out of his
house or cloyster. Litleton fol.
92. 

Recognisance (Recognitio) com­
meth of the French (Recognoi­
sance. i. agnitio, recognitio) and in
our common lawe is thus de­
fined. A Recognisance is a
bond of record, testifiing the re­
cognizour to owe vnto the
recognizee a certaine summe
of money, and is knowled­
ged in some court of record,
or before some Iudge or o­
ther officer of such court, ha­
uing authoritie to take the same:
as the Masters of the Chan­
cerie, the Iudges of either
Bench, Barons of the Exche­
quer, Iustices of peace, &c. And
those that be meere recognisan­
ces are not sealed, but inrolled.
And execution by force thereof
is of all the recognisours goods,
and chatels, except his draught
beasts, and implements of hus­
bandrie, and of the moitie of
his lands, West. parte trim. symb.
lib. 2. titulo Recognisances. sect.
149. And of these you may
see there great diuersitie of pre­
sidents.

Note farder, that a Re­
cognizance, though in the spe­
ciall signification, it do but
acknowledge a certaine debt,
and is executed vpon all the
goods, and halfe the lands of
the recognisour: yet by extention
it is drawne also to the Bonds,
commonly called Statute Mer­
chant , and Statute of the Staple:
as appeareth by the Register ori­
ginal. fol. 1 4 6. 151. & 25 2. and
by West. vbi supra , and others.
See Statute Merchant , and Sta­
tute Staple.

Recognisance hath yet ano­
ther signification, as appeareth
by these wordes in the sta­
tute, West. 1. c. 36. anno 3. Ed. 1.
It is prouided also and agreed,
that if any man be attainted of
disseisin done in the time of
our King that now is, with
roberie of any maner of goods,
or moueables, by recognisance
of Assise of nouel disseisin , the
iudgement shall, &c. In which
place it is vsed for the verdict
of the twelue men empaneled
vpon an Assise, which twelue
are also called recognitours of
the Assise, Litleton fol. 7 2. So
also Bracton calleth them lib. 5.
tractat. 2. cap. 9. num. 2. in these
words : In essonio vero reddendo ex­
igentur omnes illi, quos causa tetige­
rit: sicut particeps, Warantus, &
alii vt supra. Recognitores in Assi­
sis, Iuratores in Iuratis , Inquisito­
res in Inquisitionibus, &c. And
againe, lib. 3. tract. prim. cap. 11.
num. 16. See the Statute anno 20.
Ed. prim. stat. 4. See the newe
book of Entries, ver. Recognisance. 









Recognitione adnullanda per
vim & duritiem facta , is a writ to
the Iustices of the common
Bench, for the sending of a
record, touching a recognisance,
which the recognisour sugge­
steth to be acknowledged by
force and hard dealing, that
if it so appeare, it may be dis­
anulled. Register original. fol.
183. a. b. 

Recognitours (recognitores) is a
word vsed for the Iurie empane­
led vpon an assise. The reason
why they be so called, may
be, because they acknowledge
a disseisin by their verdict. See
Bracton lib. 5. tract. 2. cap. 9. nu.
2. & lib. 3. tract. prim. cap. 11.
num. 16. 

Record, (recordum) commeth
of the Latine (recordari.) The
word is both French and En­
glish, and in both tongs sig­
nifieth an authenticall or vn­
controulable testimonie in wri­
ting. Britton cap. 27. and Lamb.
Erenarch. lib. 1. cap. 13. In the
Grand Custumarie of Norman­
die , there are seuerall Chapters of
diuers records, expressing whose
presence in each of the Courts,
is sufficient to make that which
is enacted to be a record. viz. the
102. chapter, where you haue
wordes to this effect. The record
of the Kings Court, is a record
of things done before the King.
All things done before the King,
so he haue one other witnesse.
This record may he and other
make: if he himselfe will not
make it, it may be made by
three others. And his person
may not bee impeached (or
excepted against) either in this
or any other thing. The next
chapter. viz. the 1 03. sheweth
how many persons suffise to
make a record in the Exche­
quer. The next how many in
an assise, &c.

I find not that wee in our
Courts (especially the Kings
Courts) stand much vpon the
number of recorders or witnes­
ses for the strength of the testi­
monie which the record wor­
keth: but that we take it suffi­
cient which is registred in each
Court. Glanvile lib. 8. cap. 8.
Bracton lib. 3. tract. 2. cap. 37.
num. 4. Britton in the Proeme
of his booke, saith, that the Iusti­
ces of the Kings Bench haue a
record, the Coroner, Vicount,
Iustices of the Exchequer, Iusti­
ces of Goale deliuerie, the Ste­
ward of England , Iustices of Ire­
land , Iustices of Chester , Iustices
assigned by the Kings leters pa­
tents, in those causes they haue
commission to take knowledge
of. All which (as I take it) must
be vnderstood with that caueat
of Brooke, titulo (Record) num. 20
& 2 2. that an act committed to
writing in any of the Kings









Courts, during the terme where­
in it is written, is alterable, and
no record: but that terme once
ended, and the said act duly en­
rolled, it is a record, and of that
credit, that admitteth no altera­
tion, or proofe to the contrarie.
Yet see Sir Edward Cookes Reports
lib. 4. Rawlins case. fol. 52. b. ann.
12. Ed. 2. cap. 4. It is said, that
two Iustices of either Bench haue
power to record Non suites, &
Defaults in the countrey. It ap­
peareth by Bracton, lib. 5. tract.
2. c. 1. & 11. that quatuor milites
habent recordum , being sent to
view a partie essoined de malo
lecti , and lib. 5. tract. 1. cap. 4. nu.
2. that Seruiens Hundredi habet
recordum in testimonio proborum
hominum. And in the Statute of
Cárleil , made anno 15. Ed. 2. it is
said, that one Iustice of either
Bench with an Abbot, or a Prior,
or a Knight, or a man of good
fame and credence, hath a re­
cord in the view of one that is
said by reason of sicknesse, to be
vnable to appeare personally for
the passing of a fine. And anno
13. H. 4. cap. 7. & anno 2. H. 5.
cap. 3. that two Iustices of peace,
with the Shyreeue, or Vnder­
shyreeue haue power to record,
what they find done by any in
a ryot, or route, &c.

That which is before mentio­
ned out of Britton touching the
Shyreeue, seemeth to be limited
by Fitzh: nat. br. fol: 8 1. D. Who
alloweth him a Record in such
maters onely, as he is commaun­
ded to execute by the Kings
writ, in respect of his office. And
thence it commeth that Kitchin
fol. 1 7 7. faith, that the Eschea­
tour, and Shyreeue be not Iusti­
ces of record, but officers of re­
cord. In which words he signifi­
eth, that their testimony is au­
thenticall onely in some certaine
things that are expresly inioyned
them by vertue of their Com­
mission, as ministers to the King
in his higher Courts, whereas
Iustices of record haue in genera­
lity a record for all things within
their cognisance done before
them as Iudges, though not ex­
presly or particularly commaun­
ded. Fitzherbert in his Nat: br. fo.
8 2. in principio , something expla­
neth this point, writing to this
effect: Euery act that the Shy­
reeue doth by vertue of his com­
mission, ought to be taken as
mater of record, no lesse then the
Iustices of peace. His reasons be
two: the former, because his pa­
tent is of record: the other, be­
cause he is a conseruatour of the
peace. And then he addeth, that
the plees held before him in
his County be not of record. Yet
is the county called a Court of
record. Westm. 2. ca. 3. anno 13.
Ed. 1. But it seemeth by Britton.
cap. 27. that it is onely in these









causes, whereof the Shyreeue
houldeth plee by especiall writ;
and not those that he houldeth
of course or custome. And in that
case also it may be gathered out
of the same authour, that he hath
a record, but with the testimony
of those annexed, that be suiters
to the Court. Which seemeth to
agree with Bractons words aboue
specified. Seruiens Hundredi habet
recordum in testimonio proborum ho­
minum. And to this purpose read
Glanuile. lib. 8. cap. 8. 9. & 10.
One Iustice vpon view of for­
cible detinew of land, may re­
cord the same by statute. anno
15. R. 2. cap. 2. the Maior, and
Constables of the Staple, haue
power to record recognisances
of debt taken before them. anno
10. H. 6. ca. 1. 

Brooke, titulo (Record) seemeth
to say, that no court ecclesiasti­
call is of record: how truly, it is
to be inquired. For Bishops cer­
tisiing bastardy, bigamy, excom­
munication, the vacancy or ple­
narty of a Church, a mariage, a
diuorce, a spirituall intrusion, or
whether a man be professed in a­
ny religion, with other such like,
are credited without farder en­
quiry or controlment. See Brooke,
titulo Bastardy. See Fleta. lib: 6.
ca. 39. 4 0. 41. 42. Lamb. eire­
narcha: lib: pri. cap. 13. Glanuile.
li. 7. ca. 14. & 15. the Register
originall: fol. 5. b. Bracton. lib. 5.
tracta. 5. ca. 20. nu. 5. Britton ca.
9 2. 9 4. 106. 1 07. & 109. Doct.
and Stud. li. 2. ca. 5. but especi­
ally Costus apologie, parte pri. ca. 2.
And a testament shewed vnder
the seale of the Ordinary is not
trauersable. 3 6. H. 6. 31. Perkins
Testament. 491. Fulb. paral. fol.
61. b. But it may be that this o­
pinion groweth from a difference
betweene that law, whereby the
court Christian is most ordered,
and the common law of this
land. For by the ciuile or canon
law no instrument, or record is
held so firme, but that it may be
checked by witnesses able to
depose it to be vntrue. Co. plus
valere quod agitur quàm quod simu­
latè concipitur. ca. cùm Iohannes.
10. extra: de fide instrumentorum.
Whereas in our common law a­
gainst a record of the Kings
Court, after the terme wherein it
is made, no witnes can preuaile.
Britton. ca. 1 09. Coke lib. 4.
Hindes case. fol. 71. lib. assisarum
fol. 227. nota. 21. This reconci­
liation may be iustified by Brooke
himselfe. titulo, Testaments. num.
4. 8. & 14. and by Glanuile, lib.
8. cap. 8.

The King may make a court
of record by his graunt. Glanuil.
li. 8. ca. 8. Britton cap. 121. as for
example, Queene Elizabeth of
worthy memory by her Charter
dated. 26. Aprilis. anno 3. regni
sui made the Consistory Court of









the Vniuersity of Cambridge a
Court of record.

There are reckoned among
our common lawyers three sorts
of records : viz: A record iudici­
all, as attainder, &c. A record
ministeriall vpon oath, as an
office found. A record made by
conueyance by consent, as a fine,
deede enrolled, or such like.
Coke. li. 4. Andrew Ognels case. fo.
54. b. 

Recordare facias , or recordari
facias , is a writ directed to the
Shyreeue, to remoue a cause de­
pending in an inferiour court, to
the Kings bench, or common
plees, as out of a court of aunci­
ent Demesn, Hundred, or
Countie, Fitz. nat. br. fol. 7 1. B.
out of the countie Court. idem, fo.
46. B. or other courts of record.
idem fol. 71. C. & 119. K. How­
beit, if you will learne more ex­
actly, where, and in what cases
this writ lyeth, reade Brooke in
his Abridgm. titulo , Recordare &
pone. It seemeth to be called a
recordare , because the forme is
such, that it commaundeth the
Shyreeue to whom it is directed,
to make a record of the procee­
ding by himselfe, and others, and
then to send vp the cause. See the
Register, verbo , Recordare , in the
Table of the originall Writs. See
Certiorari. See Accedas ad Cu­
riam. 

Recorder (recordator) commeth
of the French (recordeur. i. talis
persona quæ in Ducis Curia â iudicio
faciendo non debet amoueri.) Grand
Custumarie of Norm. cap. 107. &
121. Whereby it appeareth, that
those which were necessarie Iud­
ges in the Duke of Normandies
Courts, were called Recorders ;
and who they were, is shewed
in the ninth chapter of the said
booke. And that they, or the
greater part of them, had power
to make a record, it is euident in
the chapter 107. Here in England
a Recorder is he, whome the
Maior or other Magistrate of
any citie, or towne corporate,
hauing Iurisdiction, or a Court
of record within their precincts
by the Kings graunt, doth asso­
ciate vnto him for his beter di­
rection in maters of Iustice and
proceedings, according vnto
lawe. And he is for the most part
a man well seene in the common
lawe. 

Recordo & processu mittendis ,
 is a writ to call a Record, toge­
ther with the whole proceeding
in the cause, out of one court in­
to the Kings Court. Which see
in the Table of the Register orig.
how diuersly it is vsed. 

Recordo vtlagariæ mittendo , is a
writ Iudiciall, which see in the
R egister iudicial. fol. 32. 

Recouerie (Recuperatio) commeth
of the French) Recouvrer. i. Recu­
perare. It signifieth in our common









lawe, an obteining of any thing
by Iudgement, or triall of lawe,
as evictio doth among the Ciui­
lians. But you must vnderstand,
that there is a true recouerie
and a feigned. A true Recouerie
is an actuall, or reall recouerie
of any thing, or the value there­
of by Iudgement: as if a man
siewed for any land, or other
thing moueable or immouea­
ble, and haue a verdict, and
Iudgement for him. A feigned
recouerie is (as the Ciuilians call
it) quædam fictio iuris. a certaine
forme, or course set downe by
lawe, to be obserued for the be­
ter assuring of lands or tene­
ments vnto vs. And for the be­
ter vnderstanding of this, reade
West. parte 2. symbol. titulo Reco­
veries. sect. pri. who saith, that
the end, and effect of a Recoue­
rie, is to discontinue and destroy
estates Tayles, Remainders, and
Reuersions, and to barre the for­
mer owners thereof. And in
this formality there be required
3. parties, viz. the Demaundant,
the Tenent, and the Vowchee.
The Demaundant is he that
bringeth the writ of Entrie, and
may be termed the Recouerer:
The Tenent is he, against whom
the writ is brought, and may be
termed the Recoveree. The
Vowchee is he, whom the te­
nent vowcheth, or calleth to war­
tantie for the land in demaund.
West. vbi supra. In whom you
may reade more touching this
mater.

But for example to explane
this point, a man that is desirous
to cut of an estate tayle in lands
or tenements, to the end, to sell,
giue, or bequeath it, as him self
seeth good, vseth his frend to
bring a writ vpon him for this
land. He appearing to the writ
saith for him selfe, that the
land in question came to him or
his auncesters from such a man
or his auncester, who in the
conueiance thereof, bound him
selfe and his heires to make
good the title vnto him or them
to whome it was conueied. And
so he is allowed by the court to
call in this third man to say
what he can for the iustifiing
of his right to this land, before
he so conveied it. The third
man commeth not: wherevpon
the land is recouered by him
that brought the writ: and the
tenent of the land is left for
his remedie to the third man
that was called and came not
in to defend the tenent. And by
this meanes the entayle which
was made by the tenent,
or his auncester, is cut of by
iudgement herevpon giuen: for
that he is pretended to haue no
power to entaile that land,
wherevnto he had no iust title,
as now it appeareth: because it









is evicted, or recouered from
him.

This kinde of recouery is by
good opinion, but a snare to de­
ceiue the people. Doctor & Stud.
ca. 32. dial. pri. fol. 56. a. This
feigned Recouery is also called a
common Recouery: And the
reason of that Epitheton is, be­
cause it is a beaten and common
path to that end, for which it
is ordeined, viz. to cut of the e­
states aboue specified. See the
new booke of Entries verbo. Reco­
uery.

I saide before, that a true
recouery is as well of the value,
as of the thing: for the beter
vnderstanding whereof, know,
that (In valew) signifieth as much
as (Illud quod interest) with the
Ciuilians. For example, if a
man buy land of an other with
warranty, which land a third
person afterward by suite of
lawe recouereth against me, I
haue my remedie against him
that sould it me, to recouer in
value, that is, to recouer so much
in mony as the land is worth,
or so much other land by way
of exchaunge. Fitzh. nat. br. fol.
134. K. To recouer a warranty.
old. nat. br. fol. 146. is to
proue by iudgement that a man
was his warrant against all men
for such a thing. 

Recto , is a writ, called in En­
glish, a writ of Right, which is of
so high a nature, that whereas o­
ther writs in reall actions, be
onely to recouer the possession
of the land, or tenements in que­
stion, which haue beene lost by
our auncester, or our selues, this
aimeth to recouer both the sei­
sin, which some of our Aunce­
sters, or wee had, and also the
propertie of the thing, whereof
our Auncester died not seised,
as of fee: and whereby are
pleaded, and tried both the
rights togither, viz. as well of
possession, as property. Insomuch
as if a man once loose his cause
vpon this writ, either by Iudge­
ment, by Assise, or batell, he is
without all remedie, and shall be
excluded (per exceptionem Rei iu­
dicatæ) Bracton lib. 5. trast. 1. cap.
1. & seqq. where you may reade
your fille of this writ.

It is diuided into two species:
Rectum patens , a writ or right
patent, and Rectum clausum , a
writ of right close. This the
Ciuilians call Iudicium petitorium.
The writ of right patent is so
called, because it is sent open,
and is in nature the highest
writ of all other, lying alwaies
for him that hath fee simple in
the lands, or tenements siewed
for, and not for any other. And
when it lieth for him that cha­
lengeth see simple, or in what
cases, See Fitzh. nat. br. fol. pri.
C. whome see also. fol. 6. of a









speciall writ of right in London ,
otherwise called a writ of right
according to the Custome of
London. This writ is also called
Breue magnum de Recto. Register
originall. fol. 9, A. B. and Fleta
li. 5. cap. 3 2. §. 1.

A writ of right close, is a
writ directed to a Lord of aun­
cient Demesn , and lieth for those,
which hould their lands and te­
nements by charter in fee simple
or in fee taile, or for terme of
life, or in dower, if they be
eiected out of such lands, &c. or
disseised. In this case a man or his
heire may siew out this writ of
Right close directed to the L. of
the Auncient Demesn , comman­
ding him to doe him right, &c.
in his court. This is also called
a small writ of right. Breve
parvum, Register originall. fol. 9. a.
b. and Britton, cap. 120. in fine.
Of this see Fitzh. likewise at
large. nat. br. fol. 11. & seqq.

Yet note that the writ of right
patent seemeth farder to be
extended in vse, then the origi­
nall inuention serued: for a writ
of Right of Dower, which lieth
for the tenent in Dower, and
onely for terme of life, is pa­
tent, as appeareth by Fitzh. nat.
br. fol. 7. E. The like may be said
of diuers others that doe here­
after followe. Of these see also
the table of the originall Register.
verbo Recto. This writ is proper­
ly tried in the Lords court be­
tweene kindsmen, that claime
by one title from their Aunce­
ster. But how it may be thence
remoued, and brought either to
the Countie, or to the kings
court, see Fleta, lib. 6. cap. 3. 4. &
5. Glanvile seemeth to make e­
uery writ, whereby a man siew­
eth for any thing due vnto him,
a writ of right. lib. 10. ca. 1 lib.
11. cap. 1. lib. 12. cap. 1. 

Recto de dote , is a writ of Right
of Dower, which lieth for a
woman, that hath receiued part
of her Dower, and purposeth
to demaund the Remanent in
the same towne, against the
heire, or his Gardian, if he be
ward. Of this see more in the
old nat. br. fol. 5. and Fitzh. fol.
7. E. and the Register origi­
nall, fol. 3. and the newe booke
of Entries, verbo Droyt. 

Recto de dote vnde nihil habet ,
 is a writ of right, which lieth
in case, where the husband ha­
uing diuers lands or tenements,
hath assured no dower to his
wife, and she thereby is driuen
to siew for her thirds against the
heire or his Gardian, old. nat. br.
folio 6. Register originall, fol.
170. 

Recto de rationabili parte , is a
writ that lieth alway, between
priuies of bloud, as brothers in
Gauel-kind , or sisters, or other
Coparceners, as Nephewes or









Neeces, and for land in Fee
simple. For example, if a man
lease his land for tearme of life,
and afterward dyeth, leauing is­
sue, two daughters, and after
that the tenent for terme of life
likewise dyeth: the one sister en­
tring vpon all the land, and so
deforcing the other; the sister so
deforced, shall haue this writ to
recouer her part. Fitz,. nat. br. fo.
9. Register origin. fol. 3. 

Recto quando Dominus remisit ,
 is a writ of right, which lyeth in
case, where lands or tenements
that be in the Seigneurie of any
Lord, are in demaund by a writ
of right. For if the Lord hold no
Court, or otherwise at the prayer
of the Demandant, or Tenent,
shall send to the Court of the
King his writ, to put the cause
thither for that time (sauing to
him another time the right of
his Seigneurie) then this writ is­
sueth out for the other partie,
and hath this name from the
words therein comprised, be­
ing the true occasion thereof.
This writ is close, and must be
returned before the Iustices of
the common Bancke. old. nat. br.
fol. 16. Regist. orig. fol. 4. 

Recto de Advocatia Ecclesiæ , is
a writ of right, lying where a
man hath right of Advouzen , and
the Parson of the Church dying,
a straunger presenteth his Clerke
to the Church, & he not hauing
moued his action of Quare impe­
dit nor darrein presentment within
sixe monethes, but suffered the
straunger to vsurpe vpon him.
And this writ he only may haue,
that claimeth the Aduowzen, to
himselfe and to his heires in fee.
And as it lyeth for the whole ad­
uowzen: so it lyeth also for the
halfe, the third, the fourth part.
old. nat. br. fol. 24. Register origi­
nall. fol. 29. 

Recto de custodia terræ & hære­
dis , is a writ that lyeth for him,
whose Tenent houlding of him
in Chiualry, dyeth in his nonage,
against a straunger, that entreth
vpon the land, and taketh the
body of the heire. The forme,
and farder vse whereof see in
Fitzh. nat. br. fol. 139. and the re­
gister originall: fol. 161. 

Recto sur disclaimer , is a writ
that lyeth, where the Lord in the
kings court, sc : in the common
plees, doth avow vpon his te­
nent, and the Tenent disclai­
meth to hould of him, vpon the
disclaimer he shall haue this writ:
and if the Lord auerre, and
proue, that the land is houlden
of him, he shall recouer the land
for euer. old. nat. br. fo. 150.
which is grounded vpon the sta­
tute, Westm. 2. ca. 2. anno 13.
Ed. pri. which statute beginneth.
Quia Domini feudorum, &c. 

Rector , is both Latine, and En­
glish, signifiing a Gouernour. In









the common law rector ecclesia
parochialis , is he that hath the
charge, or cure of a parish
Church: qui tantum ius in ecclesia
parochiali habet, quantum præla­
tus in ecclesia collegiata. ca. vlt:
De locat; & Conduct: in glos: ver­
bo Expelli potuissent. In our com­
mon law, I heare that it is lately
ouer ruled, that rector ecclesiæ pa­
rochialis is he, that hath a perso­
nage, where there is a vicarage,
endowed: and he that hath a
personage without a vicarage,
is called persona. But this distin­
ction seemeth to be new and
subtile præter rationem. I am sure
Bracton vseth it otherwise, lib: 4.
tracta: 5. ca. pri. in these words.
Et sciendum quòd rectoribus ecclesi­
arum parochialium competit Assisa
qui instituti sunt per Episcopos, &
Ordinarios vt personæ Where it is
plaine, that rector and persona be
confounded. Marke also these
words there following: Item dici
possunt rectores Canonici de ecclesiis
præbendatis. Item dici possunt recto­
res, vel quasi, Abbates, Priores &
alii, qui habent ecclesias ad proprios
vsus. 

Rectus in curia , is he that stan­
deth at the barre, and hath no
man to obiect any offence a­
gainst him. Smith de repub: Angl:
li. 2. c. 3. see a. 6. R. 2. sta. 1. c. 12. 

Reddendum , is vsed many times
substantiuely for the clause in a
lease, &c. Whereby the rent is
reserued to the leasour. Coke lib.
2. Lord Cromwels case. fol. 72. b. 

Redisseisin (redisseisina) is a dis­
seisin made by him, that once
before was found, and adiudged
to haue disseised the same man
of his lands, or tenements. For
the which there lyeth a speciall
writ, called a writ of redisseisin.
old: nat. br. fol. 106. Fitzh. nat.
br fol. 188. See the new booke
of Entries. verb. Redisseisin. 

Redisseisina , is a writ lying for
a redisseisin. Reg. orig. fo. 206. 207. 

Reddicion , is a iudiciall con­
fession, and acknowledgement
that the land or thing in demaund
belongeth to the demaundant, or
at the least, not to himselfe. a.
34. & 35. H. 8. ca. 24. Perkins
Dower. 379. 380. 

Redubbours , be those that buy
cloth, which they know to be
stollen, and turne it into some o­
ther forme or fashion. Britton.
cap. 29. Cromptons Vicount, fol.
193. a. 

Reentry , commeth of the French
(rentrer) i. rursus intrare , and sig­
nifieth in our common law, the
resuming, or taking againe of
possession, which we had earst
forgone. For example, if I make a
lease, of land, or tenement, I doe
thereby forgoe the possession,
and if I doe condition with the
L eassee , that for non payment
of the rent at the day it shalbe
lawfull for me to reenter, this









is as much as if I conditioned to
take againe the lands &c. into
mine owne hands, and to reco­
uer the possession by mine owne
fact without the assistance of
Iudge or proces. 

Reere countie. See Rier Cown­
tye.not in OED as headword 

Reextent , is  a second ex­
tent made vpon lands, or te­
nements, vpon complaint made,
that the former extent was par­
tially performed. Brooke, titulo.
Extent. fol. 313. 

Regard (regardum) is borowed
of the French (Regard) or Regar­
dure. i. aspectus, conspectus, respe­
ctus.) and though it haue a gene­
rall signification of any care or
diligence: yet it hath also a spe­
ciall acceptance, and therein is
vsed onely in maters of the Fo­
rest: and there two waies: one
for the office of the Regarder,
the other for the compasse of
ground belonging to the Regar­
ders office or charge. Cromptons
Iurisd fol. 175. 1 99. Touching
the former, thus saith M. Man­
wod, parte pri. of his Forest lawes.
pag. 198. The Eire, generall
sessions of the Forest, or Iustices
seat, is to be houlden, and
kepte euery third yeare: and of
necessity before that any such
sessions or Iustices seate can be
houlden, the Regarders of the
Forest must make their Regard.
And this making of the Regard
must be done by the kings writ.
And the Regard is, (as he after­
ward there saith) to goe through
the whole Forest, and euery
Bayliwicke of the same, to see
and enquire of the trespasses
of the Forest: which he com­
priseth in these 4. viz. ad viden­
dendum. ad inquirendum, ad imbre­
viandum, ad certificandum. Of
euery of which braunches you
may reade there his exposi­
tion.

Touching the second signifi­
cation, the compas of the Re­
garders charge is the whole Fo­
rest, that is, all that ground,
which is parcell of the Forest.
For there may be woods within
the limits of the Forest, that be
no parcell thereof, and those
be without the Regard, as the
same author plainely declareth,
parte pri. pag. 194. and againe
parte 2. cap. 7. nu. 4. where he
sheweth the difference between
these words: (Infra Regardum) or
(Rewardum) & Infra Fore­
stam. 

Regarder (Regardator) com­
meth of the French (Regar­
deur) . i. spectator) & signifieth an
officer of the Forest. Cromptons
Iurisdict. fol. 1 53. where it is thus
defined. ARegarder is an offi­
cer of the Forest, appointed to
survew all other officers. He saith
there also, that this officer was
ordeined in the beginning of









King Henry the seconds daies.
M. Manwood in his first part of
Forest lawes. pag. 188. thus defi­
neth him. A Regarder is an offi­
cer of the Kings Forest, that is
sworne to make the Regard of
the Forest, as the same hath been
vsed to be made in auncient
time. And also to view and in­
quire of all offences of the Fo­
rest, as well of vert as of venison,
and of all concealements of a­
ny offences or defaults of the
Foresters, and of all other offi­
cers of the Kings Forest, concer­
ning the execution of their offi­
ces. He saith there also, that a
Regarder may be made either
by the Kings leters patents, or
by any one of the Kings Iusti­
ces of the Forest, at his discre­
tion in the generall Eyre , or at
such time, as the Regard is to be
made, by vertue of the Kings
writ, directed to the Shyreeue of
the Countie for that purpose.
The forme of which writ he
there setteth downe.

After that pag. 1 92. he set­
teth downe his oath in these
words. You shall truly serue our
souereigne Lord the King in
the office of a Regarder in the
Forest of Waltham. You shall
make the Regard of the same in
such maner, as the same hath
beene accustomed to be made.
You shall raunge through the
whole forest, and through euery
Bailiwicke of the same, as the
Foresters there shall lead you to
view the said forest. And if the
foresters will not, or doe not
know how to lead you, to make
the regard or raunge of the Fo­
rest, or that they will conceale
from you any thing that is for­
feited to the King, you your
selues shall not let for any thing:
but you shall see the same for­
feiture, and cause the same to be
inrolled in your rolle. You shall
inquire of all wastes, pourpre­
stures, and Asserts of the Forest,
and also of concealements of a­
ny offence, or trespasse in the Fo­
rest. & all these things you shall
to the vttermost of your power
doe, so helpe you God. Then
you may reade farder the parti­
culars of his office. eadem, pag.
195. And pag. 20 7. he saith that
their presentments must be vpon
their view, and so recorded, and
that the Regarders of them­
selues haue power to heare and
determine the fine, or amer­
ciament for expeditating of
dogs. See Regard. 

Regio assensu , is a writ where­
by the King giueth his Royall
assent to the election of a Bi­
shop or Abbot. Register origin.
fol. 294. b. 

Registrie) Registrum) commeth
of the French (Registre. i. liber,
librarium, codex ratiocinarius, e­
phemeris, commentarius) it signi­









fieth with vs the office, or books,
or rolls, wherin are recorded the
proceedings of the Chauncerie,
or any spirituall courte. The wri­
ter, and keeper whereof is cal­
led the Register, in latine, Regi­
starius. Register is also the name
of a booke, wherein are ex­
pressed all the formes of writs
vsed at the common lawe,
called the Register of the
Chauncerie. anno 13. Ed. prim.
cap. 24. Some say it is tear­
med Registrum quasi Regestum.
Pratæus. 

Regrator (regratator) com­
meth of the French (regratter
i. desquamare.) Regratter quelque
vielle robe & la faire neufue) is
to scoure or furbush an old
garment and to make it new
againe. Also (regratteur) signi­
fieth as much as (Mango) in
Latine: which kind of men
sold children, and to sel them
the beter, mentiendi coloris ar­
tem optimè callebant. Martialis &
Plinius. This word in our com­
mon lawe, did aunciently signi­
fie such as bought by the
great, and sold by retayle.
anno 2 7. Ed. 3. stat. prim. ca.
3. but now it signifieth him,
that buyeth and selleth any
wares, or victuals in the same
market, or faire, or within 5.
miles thereof. anno 5. Ed. 6.
cap. 14. anno 5. Eliz. cap. 12.
anno 13. Eliz. cap. 25. See Fore­
stallers and Engrossers.

Rehabere facias seisinam quando
Vice comes liberavit seisinam de
maiore parte, quam deberet , is a
writ Iudiciall. Regist. Iudicial,
fol. 1 3. 51. There is another writ
of this name and nature. eodem
fol. 54. 

Reioynder (reiunctio) signifieth
in our common lawe, as much
as Duplicatio with the Ciuili­
ans, that is, an exception to a
replication. For the first answer
of the Defendant to the Plain­
tiffes bill, is called an excep­
tion: the plaintiffes aunswer to
that, is called a Replication: and
the Defendants to that, Dupli­
cation in the ciuill lawe, and
a Reioynder with vs; especially
in Chauncerie. West. parte 2. symb.
titulo Chauncerie. sect. 56. where
he citeth these words out of
Spigelius. Est autem reiunctio seu
duplicatio, vel allegatio, quæ da­
tur reo ad infirmandum replicationem
actoris, & confirmandum exceptio­
nem Rei. 

Relation (relatio) idem quod fictio
iuris , to make a nullitie of a thing
from the beginning, (for a cer­
taine intent) which had essence,
Cooke lib. 3. Butler & Baker. fol.
28. b. which in playner termes
may be thus expounded. Rela­
tion is a fiction of the lawe,
whereby something is (for a
speciall purpose) imagined ne­
uer to haue bene, which in









truth was. Reade the rest. 

Release (relaxatio) commeth
of the French (Relasche. i. cessa­
tio, relaxatio, laxamentum) and
in our common lawe is thus de­
fined: A Release is an Instrument
whereby estates, rights, titles,
entries, actions, and other things
be some time extinguished, some
time transferred, sometime a­
bridged, and sometime enlar­
ged. West. parte prim. symbol. lib. 2
sect. 5 09. And there is a Release
in fact, and a release in lawe.
Perkins Graunts 71. A release in
fact seemeth to be that, which
the very words expressely de­
clare. A Release in lawe is that,
which doth acquite by way
of consequent, or intendment
of lawe. An example whereof
you haue in Perkins vbi supra. Of
these, how they be auaileable, &
how not, see Litleton at large. li.
3. cap. 8. fol. 9 4. of diuers sortes
of these Releases see the newe
booke of Entries. verbo Re­
lease. 

Reliefe (relevium) commeth
of the French (relever. i. relevare)
and signifieth in our common
lawe, a certaine summe of
money, that the tenent holding
by knights seruice, grand serge­
antie, or other tenure, for the
which homage or regall ser­
uice is due, or by soccage, for the
which no homage is due, and
being at full age at the death of
his auncestour, doth pay vnto
his Lord at his entrance. Bracton
lib. 2. cap. 36. giueth a reason
why it is called a Reliefe. viz.
quia hæreditas, quæ iacens fuit per
antecessoris decessum, relevatur in
manus hæredum, & propter factam
relevationem, facienda erit ab hæ­
rede quædam præstatio, quæ dicitur
Relevium. Of this you may read
Britton. cap. 69. in a maner to
the same effect. Of this also
speaketh the Grand Custumary
of Normandie, cap. 34. to this
effect: It is to be knowne, that
the Lord of the fee ought to
haue reliefe of the lands, which
be held of him by homage, when
those die, of whom he had ho­
mage. And that this is not onely
proper to vs in Eng. or Norman­
die , appeareth by Hotoman in
his Commentaries, de verbis feud.
verbo Relevium , who there defi­
neth it thus: Relevium est ho­
norarium, quod novus vasallus pa­
trono introitus causâ largitur, quasi
morte vasalli alterius, vel alio
quo casu feudum ceciderit: quod iam
à novo sublevetur : and farder spea­
keth of it, that which is worth
the reading, and containeth
great knowledge of antiquitie.
See the like definition in Maran­
tæ singularibus. verbo Relevium.
For the quantitie of this reliefe,
see the Great charter, cap. 2. in
these words: If any of our
Earles or Barons, or any other









our tenents, which hold of vs in
chiefe by knights seruice, dye,
and at the time of his death
his heire is of full age, and ow­
eth to vs reliefe, he shall haue
inheritance by the old Reliefe:
that is to say, the heire, or heires
of an Earle for one whole Earl­
dome one hundred pound: the
heire or heires of a Baron for
one whole Baronie, one hundred
merkes: the heire or heires of
a Knight, for one whole
Knights fee, one hundred shil­
lings at the most. And he that
hath lesse, shall giue lesse, ac­
cording to the old custome of
the fees. Reade also Glanvile lib.
9. cap. 4. fol. 68. who saith, that
in his dayes the Reliefe of a Ba­
ronie was not certaine. The heire
in francke soccage, when he
commeth to his full age, after
the death of his auncester, shall
double the rent that he was
wont to pay to the Lord, and
that shall be in place of reliefe.
old nat. br. fol. 94. Somewhat
more hereof you may reade in
anno 2 8. Ed. prim. statut. prim.
and Kitchin fol. 1 4 5. ca. Reliefe.
and Glanvile, lib. 7. cap. 9. The
Feudists also write of this at
large. Among others Vincentius
de Franchis descis. 121. saith,
that Relevii solutio est quædam ex­
trinseca præstatio à consuetudine in
troducta, quæ non inest feudo, quod­
que soluitur pro confirmatione, seu re­
nouatione investituræ & possessionis.
See Heriot. This Leo the Empe­
rour Novella 13. callethεἰσ­
δεκτικον . By the auncienter ciuile
lawe it is termed (introitus) l. pe­
nult. §. Alumno. de legatis. Skene
de verb. signif. saith, that Reliefe
is a French word from the La­
tine relevare , which is to releeue
or take vp that which is falen.
For it is giuen by the tenent, or
vassall being of perfect age, af­
ter the expiring of the warde­
ship to his Lord, of whome he
holds his land by Knights ser­
uice, that is, by ward and re­
liefe; and by payment thereof
he relieues, and (as it were) rai­
seth vp againe his lands, after
they were fallen downe into his
superiours hands by reason of
wardship, &c. 

Remainder (remanentia) signi­
fieth in our common law, a pow­
er or hope to inioy lands, tene­
ments, or rents after the estate of
another expired. For example, a
man may let land to one for
terme of his life, and the Remain­
der to another for terme of his
life. Litleton cap. Atturnment: fol:
11 3. And this Remainder may be
either for a certaine terme, or in
fee simple, or fee taile, as might
be proued by many places in the
law writers. But in steed of the
rest, take Brooke, titulo Done & Re­
mainder, fol: 245. Glanuile. lib. 7.
ca. pri: in fine hath these words:









Notandum quod nec Episcopus, nec
Abbas, quia eorum Baroniæ sunt de
eleemozina Domini Regis, & ante­
cessorum eius, non possunt de Domini­
cis suis aliquam partem dare ad re­
manentiam sine assensu & confir­
matione Domini Regis. Where it
appeareth that Dare ad remanen­
tiam is to giue away for euer. To
the same effect doth he vse it cap.
9. eiusdem libri in these words,
speaking of the Lords of maners
during the minority of their
wards. Nihil tamen de hæreditate,
de iure alienare possunt ad remanen­
tiam. In the like sort doth Bracton
vse it. lib. 2. cap. 23. in fine : and
also lib. 4. tracta. 2. cap. 4. nu. 4.
See the new booke of Entries.
verbo Remainder. 

Remembrancers of the Exche­
quer (Rememoratores) be three offi­
cers, or clerks, one called the
Kings Remembrancer. anno 3 5.
El. cap. 5. The other the Lord
Treasurers Remembrancer, vp­
on whose charge it seemeth to
lye, that they put all Iustices of
that court, as the Lord Treasurer
and the rest, in remembrance of
such things, as are to be called
on, and delt in for the Princes
behoofe. The third is called
the Remembrancer of the first
fruites. Of these you may read
something. anno 5. Rich. 2. stat.
pri. cap. 14. & 15. to the effect
aboue specified. These anno 3 7.
Ed. 3. cap. 4. be called clerks of
the Remembrance. It seemeth
that the name of this officer is
borowed from the Ciuilians,
who haue their (Memoriales) qui
sunt notarii Cancellariæ in regno
subiecti officio Quæstoris. Lucas de
penna. C. lib. 10. tit. 12. nu : 7.
The kings Remembrancer en­
treth in his office all recognican­
ces taken before the Barons for a­
ny the Kings debts, for apparen­
ces, or for obseruing of orders.
He taketh al bonds for any of the
kings debts, or for apparance,
or for obseruing of orders, and
maketh proces vpon them for
the breach of them. He writeth
proces against the collectors of
customes, subsidies and fiue­
teenthes, for their accompts. All
informations vpon penall sta­
tutes are entred in his office. And
all maters vp on English bils in
the Exchequer chamber are re­
maining in his office. He maketh
the bils of compositions vpon
penall lawes: taketh the stal­
ments of debts: maketh a record
of a certificate deliuered vnto
him by the clerk of the Starre­
chamber of the fines there set, and
sendeth them to the pipe. He
hath deliuered vnto his office all
maner of indentures, fines, and
other euidences whatsoeuer, that
concerne the assuring of any
lands to the Crowne. He yearely
in crastino animarum readeth in
open court the statute for the









elections of Shyreeues, and gi­
ueth those that chuse them their
oath: he readeth in open court
the oath of all the officers of the
court, when they are admit­
ted.

The treasurers remembrancer
maketh proces against all Shy­
reeues, escheators, receiuers, and
bayliffs for their accoumpts. He
maketh proces of (fieri facias)
and extent for any debts due to
the King, either in the pipe, or
with the auditors. He maketh
proces for all such reuenew as is
due to the King by reason of his
tenures. He maketh a record,
whereby it appeareth whether
Shyreeues and other accountants
pay their profers dew at Easter
and Michelmas. He maketh a­
nother record, whereby it ap­
peareth, whether Shyreeues
and other accountants keepe
their daies of prefixion. All
extreats of fines, issues, and a­
merciaments set in any courts of
Westminster , or at the assises, or
sessions, are certified into his of­
fice, and are by him deliuered to
the clerk of extreats to write
proces vpon them. He hath also
brought into his office all the ac­
coumpts of customers, control­
lers, and other accoumptants to
make thereof an entry of re­
cord.

The Remembrancer of the
first fruites, taketh all compositi­
ons for first fruites and
tenthes: and maketh proces
against such as pay not the
same. 

Remitter , commeth of the
French (remettre. i. restituere, re­
ponere) and signifieth in our com­
mon law, a restitution of one
that hath two titles to lands or
tenements, and is seised of them
by his later title, vnto his title
that is more auncient, in case
where the later is defectiue. Fitz.
nat. br. fol. 14 9. F. Dyer fol. 68.
nu. 22. This in what case it may
be graunted to any man, see in
Brooke, titulo Remitter: and the
terms of law. The Doctor and Stu­
dent of this mater hath these
words: if land discend to him
that hath right to that land be­
fore, he shalbe remitted to his
beter title, if he will. capite no­
no. fol. 19. b. See the new
booke of Entries: verbo Remit­
ter. 

Render , commeth of the
French (Rendre. i. reddere, retribu­
ere, restituere) and signifieth in
our common lawe, the selfe
same thing. For example, this
word is vsed in leuying of a
fine. For a fine is either single,
by which nothing is graunted,
or rendred backe againe by
the Cognizee, to the Cogni­
zour: or double, which contei­
neth a graunt, or render backe
againe of some rent, common,









or other thing, out of the land
it selfe to the Cognizor, &c.
West. parte. 2. symbol. titulo Fines.
sect. 21. & 30. F. Also there be
certaine things in a maner that
lie in prender , that is, which
may be taken by the Lord, or
his officer, when they chaunce,
without any offer made by the
tenent, as the ward of the body
of the heire, and of the land,
escheats, &c. and certaine that
lie in Render , that is, must be
deliuered or answered by the
Tenent, as rents, reliefes, heri­
ots, and other seruices. Idem, eo­
dem, sect. 1 26. C. Also some ser­
vice consisteth in seisance, some in
Render. Perkins Reseruations. 696. 

Rent (Reditus) commeth of
the French (Rent. i. vectigal, pen­
sitatio annua) and signifieth
with vs, a summe of mony or
other consideration issuing year­
ly out of land or tenements.
P louden, casu Browning. fol. 132. b.
& fol. 138. a. 141. b. There be
three sorts of rents obserued by
our common Lawyers: that is,
Rent seruice, Rent charge, and
Rent seck. Rent seruice is, where
a man houldeth his land of
his Lord by fealty, and certaine
rent, or by fealty, seruice, and
certaine rent. Litleton lib. 2. ca.
12. fol. 4 4. or that which a
man, making a lease to another
for terme of yeares, reserueth
yearely to be paid him for the
same. Termes of lawe. verbo
Rents. who giueth this reason
thereof, because it is in his li­
bertie, whether he will distraine,
or bring an action of debt. A
Rent charge is that, which a
man making ouer an estate of his
land, or tenements to another,
by deede indented either in
in fee, or fee tayle, or lease for
terme of life, reserueth to him­
selfe by the said indenture a
summe of money yearely to
be paide vnto him with clause
of distresse, or to him and his
heires. See Litleton, vbi supra. A
Rent seck, otherwise a drie
rent, is that, which a man ma­
king ouer an estate of his land
or tenement, by deede inden­
ted, reserueth yeerely to be
paid him without clause of
distresse mentioned in the Inden­
ture. Litleton vbi supra. and
termes of the lawe. verbo Rents.
see the newe expositour of lawe
Termes: See Plowden, casu
Browning. fol. 132. b. See
the differences betweene a rent,
and an annuitie. Dector and Stu­
dent. cap. 30. dialo. primo. 

Reparatione facienda , is a
writ, which lieth in diuers cases,
whereof one is, where three be
tenents in common, or ioynt
tenents, or pro Indiviso , of a mille,
or house which is fallen into
decay, and the one being wil­
ling to repaire it, the other two









 will not. In this case, the party
willing shall haue this writ a­
gainst the other two. Fitzh. nat.
br. f. 127. where read at large the
form & many vses of this writ. as
also in the Regi. orig. fol. 153. b. 

Repeale , commeth of the
French (Rappel. i. Revocatio) and
signifieth in our common lawe
euen the same; as the Repeale of
a statute, Rastall titulo Repeale.
Brooke vseth Repellance in this
signification, titulo Repellance. 

Repleader (Replacitare) is to plead
againe, that which was once
pleaded before. Rastall, titulo
Repleader. See the newe booke
of Entries, verbo Repleder. 

Replegiare. See Replevie. See
Second deliuerance.

Replevie (Pleuina) is the brin­
ging of the writ called Replegi­
ari facias , by him that hath his
catel or other goods distreined
by another for any cause, and
putting in suerty to the Shyreue,
that vpon the deliuery of the
thing distreined, he will per­
siew the action against him
that distreined. Termes of lawe.
See Replegiare. It is vsed also
for the bayling of a man. pl. cor.
fol. 7 2. 73. 7 4. & West. pri. cap. 11.
& cap 15. anno 3. Ed. 1. 

Replegiare de averiis , is a writ
brought by one, whose catell
be distreined or put in pound
vpon any cause by another, vp­
on surety giuen to the Shyreeue
to persiew the action in lawe.
anno 7. H. 8. cap. 4. Fitzh. nat. br.
fol. 68. See the Register originall ,
of diuers sorts of this writ cal­
led Replegiare. in the table, ver­
bo eodem. See also the Register
Iudiciall, fol. 58. & 70. see also
the newe boke of Entries. verbo
Replevin. See Dyer. fol. 173. nu. 14. 

Replevish (Replegiare) is to let
one to mainprise vpon suretie.
anno 3. Ed. 1. cap. 11. 

Replication (replicatio) is an ex­
ception of the second degree
made by the plantife vpon the
first answer of the Defendant,
West. parte 2. symbol. titulo Chaun­
cerie. sect. 5 5. & Westm. 2. anno 13.
Ed. pri. cap. 36. This is borow­
ed from the Ciuilians, De replica­
tionibus, lib. 4. Institutio. titulo. 1 4. 

Report (Reportus) is in our com­
mon lawe a relation, or repe­
tition of a case debated, or ar­
gued. which is sometime made
to the court, vpon reference
from the court to the Reporter,
somtime to the world voluntari­
ly, as Ploydens reports , & such like. 

Reposition of the Forest , was an
act whereby certaine forest
grounds being made purlieu
vpon view, were by a second
view laide to the Forest againe.
Manwood, parte pri. pag. 178. 

Reprisels (Reprisalia) are all one
in the common and Ciuill law.
Represalia est potestas pignoran­
di contra quemlibet de terra debi­









toris data creditori pro iniuriis &
damnis acceptis. Vocabularius v­
triusque iuris. This among the
auncient Romans was called
(Clarigatio) of the verb (Clarigo.
i. res clarè repeto) It is called in
the statute anno 2 7. Ed. 3. stat. 2.
cap. 17. lawe of Marque , of the
German word March. i. termi­
nus, limes. And the reason may
be, because one destitute of
Iustice in another territory,
redresseth himselfe by the goods
belonging to men of that terri­
torie, taken within his owne
bounds. this spelling not found in OED

Requests (Supplicum libelli, Cu­
ria Requisitionum) is a Court of
of the same nature with the
Chauncerie, redressing by equi­
tie the wrongs that poore men
doe suffer at their hand, whose
might they are not able to
withstand either in lawe or o­
therwife. It tooke beginning as
some men thinke, by commis­
sion from King Henry the 8.
before which time the Masters
of Requests had no warrant of
ordinary Iurisdiction, but travai­
led betweene the Prince and
petitioners, by direction from
the mouth of the King. Guins
preface to his readings , But see
Court of Requests. 

Resceyt (Receptio) seemeth
to be an admission of a third
person to pleade his right in a
cause formerly commenced,
betweene other two. See the
newe booke of Entries. verbo
Resceit. v. Aide prier. The Ciuilians
call this admissionem tertii pro suo
interesse. Of this you haue one
example in the Termes of lawe,
viz. if Tenent for terme of life,
or tenent for terme of yeares
bring an action: he in the reuer­
sion commeth in, and prayeth
to be receiued to defend the
land, and to plead with the De­
mandant. Many more you may
haue in Brooke, titulo, Resceite, fol.
205. See Perkins Dower. 448.
Receit is also applied to an ad­
mittance of plee, though the
controuersie be but betweene
two onely. Brooke estoppell. in ma­
ny places. 

Resceyt of homage , is a relatiue
to doing homage, for as the Te­
nent, who oweth homage, doth
it at his admission to the land: so
the Lord receiueth it. Kitchin
fol. 148. See Homage.

Rescous (Rescussus) commeth
of the French (Rescourre se
Rescourre du danger. i. asserere se
ab iniuria) It signifieth in our
common law a resistance against
a lawfull authoritie: as for exam­
ple, if a Baylife, or other officer
vpon a writ doe arrest a man,
and another (one or more) by
violence doe take him away, or
procure his escape: this act is
called, a Rescus Cassanæus in his
booke de consuetud. Burg. hath









the same word coupled with
(resistentia) fol. 294. whereby it
appeareth, that other nations do
vse this word in the same signifi­
cation that we doe, or the very
like. It is also vsed for a writ,
which lyeth for this act called in
our lawyers latine (Breue de res­
cussu) whereof you may see both
the forme and vse in Fitzh. nat.
br. fol. 101. and the register origi­
nall: fol: 125. See the new booke
of Entries. verbo rescous. This res­
cous in some cases is treason, and
in some felony. Crompton. Iustice
fol : 54. b. 

Reseiser (reseisire) is a taking
againe of lands into the Kings
hands, whereof a generall liue­
ry, or ouster le main was formerly
missued by any person or per­
sons, and not according to forme
and order of law. Of this see
Stawnf. præroga : 26. where it is
handled at large. See resumption.

Resiance (resiantia) seemeth to
come of the French (rasseoir , see
Rasseoir. i. residere) and signifieth
a mans aboad or continuance in
a place. Old nat: br. fo. 85. whence
also commeth the participle (re­
siant) that is continually dwel­
ling, or abiding in a place. Kit­
chin, fol. 33. It is all one in truth
with Residence, but that cu­
stome of speach tyeth that onely
to persons ecclesiasticall. 

Reseruation , signifieth that rent
or seruice which the graunter in
any graunt tyeth the grauntee to
performe vnto him, or them, or
the Lord Paramonte. Perkins re­
seruations: per totum. 

Residence (residentia) commeth
of the Latine (residere) and is pe­
culiarly vsed both in the Ca­
non and Common lawe, for
the continuance or abode of
a Parson or Vicar vpon his
benefice. The default whereof
(except the partie be qualified,
and dispenced with) is the
losse of tenne pounds for eue­
ry moneth, anno 28. Henr. 8.
cap. 1 3. 

Resignation (resignatio) is vsed
particularly for the giuing vp of
a Benefice into the hands of
the Ordinarie, otherwise called
of the Canonists (renunciatio.)
And though it signifie all one
in nature with the word (Sur­
render) yet it is by vse more re­
streined to the yeelding vp of
a spirituall liuing, into the
hands of the Ordinarie, and Sur­
render to the giuing vp of tem­
porall lands into the handes
of the Lord. And a resigna­
tion may now be made into the
hands of the King as well as
of the Diocesan, because he hath
supremam authoritatem Ecclesia­
sticam , as the Pope had in time
past. Plowden. casu Grendon. fol.
4 9 8. a. 

Resort , is a word vsed pro­
perly in a writ of ayle, or couse­









nage, as discent is in a writ of
right. Ingham. 

Respectu computi Vice-comitis
habendo , is a writ for the res­
piting of a Shyreeues accompt
vpon iust occasion, directed to
the Treasurer and Barons of
the Exchequer. Register fol. 139
& 2 79. 

Respight of homage, (respectus
homagii) is the forbearing of
homage, which ought first of
all to be performed by the te­
nent, that holdeth by homage.
Which respight may be occa­
sioned vpon diuers good rea­
sons: but it hath the most fre­
quent vse in such as hold by
Knights seruice in capite : who
because the Prince cannot be at
leasure to take their homage, do
pay into the Exchequer, at cer­
taine times in the yeare, some
small summe of money to be res­
pighted, vntill the Prince may
be at leasure to take it in per­
son. 

Responsions (responsiones) seeme
to be a word vsed properly
and especially by the knights of
S. Iohn of Ierusalem , for certaine
accompts made vnto them by
such as occupied their landes or
stockes. anno 32. H. 8. cap. 24. 

Responsalis , is he that com­
meth for another at the day as­
signed for his appearance in
Court, Bracton. Fleta seemeth
to make a difference betweene
atturnatum, essoniatorem & respon­
salem, lib. 6. cap. 11. §. Officium : as
if essoniator came onely to alledge
the cause of the parties absence,
be he the demandant or tenent,
and responsalis came for the te­
nent not onely to excuse his ab­
sence, but also to signifie what
triall he meant to vndergoe,
viz. the combat or the countrie.
lib. 6. cap. 11. §. Si autem. A man
in auncient time could not ap­
point an Atturney for him,
without warrant from the king.
Fleta, eodem cap. 13. in fine. See
Atturney. This word is vsed in
the Canon lawe, Et significat
procuratorem vel eum qui absentem
excusat. cap. Cùm olim propter.
extra. de rescript. responsal in English

Restitution (restitutio) is a yeel­
ding vp againe of any thing vn­
lawfully taken from another. It
is vsed in the common law, most
notoriously for the setting him
in possession of lands or tene­
ments, that hath bene vnlaw­
fully disseised of them, which
when it is to be done, and when
not, see Cromptons Iustice of peace.
fol. 1 44. b. & c. vsque 149. 

Restitutione extracti ab Ecclesia ,
 is a writ to restore a man to the
Church, which he had recoue­
red for his sanctuarie being sus­
pected of felonie. Register ori.
fol. 69. a. 

Restitutione temporalium , is a
writ that lyeth in case, where a









man being elected, and confir­
med Bishop of any Diocesse,
and hath the Princes royall as­
sent thereunto, for the recouery
of the temporalities, or Baronie
of the said Bishopricke with the
appurtenances. And it is directed
from the King to the Eschea­
tour of the Countie, the forme
whereof you haue in the Regist.
origin. fol. 294. and in Fitz. nat.
br. fol. 169. Where you may read
also, that it lyeth for those Ab­
bots and Priors newly elected
and confirmed, that were of
the kings foundation. 

Resummons (resummonitio) is
compounded twice, that is, of
re, sub , and Moneo : and signifi­
eth a second summons and cal­
ling of a man to answer an a­
ction, where the first summons
is defeated by any occasion, as
the death of the partie, or such
like. Brook tit. See Resummons. fol.
21 4. See of these foure sorts, ac­
cording to the foure diuers ca­
ses in the Table of the Register
Iudiciall. fol. 1. See also the new
booke of Entries, verbo. Reat­
tachement, & Resummons. 

Resumption (resumptio) is parti­
cularly vsed for the taking again
into the Kings hands, such land
or tenements, as before vpon
false suggestion, or other error,
he had deliuered to the heire,
or graunted by leters patents
to any man. Brooke, titulo Repel­
lance, & Resumption. fol. 298.
Thus it is applyed, anno 3 1. H.
6. cap. 7. See Reseiser. 

Retainer , commeth of the
French (retenir. i. detinere, retinere)
It signifieth in the common law, a
seruant not meniall nor familiar,
that is not continually dwelling
in the house of his Lord or Ma­
ster, but onely vsing, or bearing
his name, or liuery. This liuery
was wont to consist of hats (o­
therwise hoods) badges, and o­
ther suits of one garment by the
yeare. anno pri : R. 2. cap. 7. These
were taken by great Lords, ma­
ny times vpon pourpose of main­
tenance, and quarels, and there­
fore they haue beene iustly, for
the better freedome of law, for­
bidden by many statutes: as
namely by anno pri: R. 2. cap. 7.
vpon paine of imprisonment,
and greeuous forfeiture to the
King: and againe anno 16 eiusd.
cap. 4. & anno 2 0. eiusedem, cap. 1.
& 2. aud anno pri. H. 4. cap. 7.
by the which the Lords offen­
ding herein should make ran­
some at the Kings will, and any
Knight or Esquire hereof duly at­
tainted, should loose his said Li­
uery, and forfeit his fee for e­
uer; and any yeoman wearing
the Liuery of the King, or other
Lord, should be imprisoned, and
make raunsome at the Kings
will, onely some fewe excepted
in the said statute: which statute









is farder confirmed, and expla­
ned anno 2. H. 4. cap. 21. & an.
7. eiusd. cap. 14. & anno 13. eiusd.
cap. 3. & anno 8. H. 6. ca. 4. And
yet this offence was so deeply
rooted, that Edward the fourth
was driuen to confirme the for­
mer statutes, and farder to extend
the meaning of them, as appea­
reth by the statute made anno
8. Ed. 4. cap. 2. adding an espe­
ciall paine of fiue pounds to e­
uery man that giueth such Liue­
ry, and as much to euery one so
retained, either by writing, oath,
or promise, for euery moneth.
Yet is it not this fault so well
looked vnto, but that there is
need of more pregnant lawes for
the redresse thereof, or at the least
beter execution of those, that
be already made. These be by
the Feudists called (affidati.) Sic e­
nim dicuntur, qui in alicuius fidem
& tutelam recepti sunt. Neapol.
constitu. li. 3. titulo 7. And as our
retainers are here forbidden: so
are those (affidati) in other coun­
tries. 

Retraxit , is an exception a­
gainst one that formerly com­
menced an action, and withdrew
it, or was non-suit before triall.
Brooke. titulo. Departure in de­
spight, & Retraxit. fol. 2 16. See
also the new booke of Entries:
verbo Deperter & verbo retraxit. 

Returne (returna) commeth of
the French (retour. i. reditio, reuer­
sio, recursus) and in our common
law, hath two particular apply­
cations, as namely the return of a
writ by Shyreeues, and Bayliffs,
which is nothing but a certificate
made to the Court, whereun­
to the writ directeth him, of
that which he hath done, tou­
ching the seruing of the same
writ. And this among the Ciui­
lians is called Certificatorium. Of
returnes in this signification,
speake the statutes of Westm. 2.
cap. 39. anno 1 3. Ed. prim. and
Tractatus contra Vice-comites &
Clericos , with diuers other, colle­
cted by Rastal, titulo Returne of
Shyreeues. So is the returne of an
office, Stawnf. prarog. fol. 70. a
certificate into the court, of that
which is done by vertue of his
office: See the Statutes of dayes in
banke. anno 51. H. 3. & anno 32.
H. 8. cap. 21. And in this signifi­
cation Hilary terme is said to
haue 4. returnes. viz. Octabis
Hilarii, Quindena Hilarii, crastino
Purificationis, Octabis Purifica­
tionis : and Easter terme to haue 5.
returnes, viz. Quindena paschæ,
Tres paschæ, mense paschæ, Quinque
pasche, & crastino Ascensionis. And
Trinity terme 4. returnes. i. Cra­
stino Trinitatis, Octabis Trinitatis,
Quindena Trinitatis, Tres Trini­
tatis. And Michaelmas Terme
8. returnes. sc. Octabis Michae­
lis, Quindena Michaelis, Tres
Michaelis, Mense Michaelis, Cra­









stino animarum, Crastino Marti­
ni, Octabis Martini, Quindena
Martini.

The other application of this
word is in case of Repleuy. For if
a man distraine catell for rent,
&c. And afterward iustifie or a­
vowe his act, that it be found
lawfull, the catell before deliue­
red vnto him that was distrained
vpon security giuen to follow
the action, shall now be retur­
ned to him, that distrained them.
Brooke, titulo Returne d'auers &
hommes. fol. 218. you shall finde
this word often vsed in Fitzh.
nat: br. as appeareth in the word
Returne in his table: but in all
those places it hath the one or
the other of these two significa­
tions. 

Returno habendo , is a writ,
which lyeth for him that hath a­
uowed a distresse made of catell,
and proued his distresse to be
lawfully taken for the returne of
the catell distrained vnto him,
which before were repleuied by
the party distrained, vpon suerty
giuen to persiew the action.
Terms of law, verbo Repleuin. 

Returnum aueriorum , is a writ
Iudiciall, graunted to one im­
pleaded for taking the cattell of
another, & vniust deteining of
them contra vadium & plegios , and
appearing vpon summons is dis­
missed without day, by reason
that the plaintife maketh de­
fault, and it lyeth for the returne
of the cattell vnto the Defen­
dant, whereby he was summo­
ned, or which were taken for
the security of his apparence vp­
on the summons. Register Iudici­
all. fol. 4. a. 

Returnum irreplegiabile , is a
writ iudiciall sent out of the
common plees to the Shyreeue,
for the finall restitution or re­
turne of catell to the owner, vn­
iustly taken by another as dam­
mage seisant, and so found by
the Iury before Iustices of Assise
in the County. For which see the
Register Iudiciall fo. 27. a. b. 

Reue, aliâs Greue (Præfectus) is
made of Gerefa the Saxon word
for a gouerner Lamb: explica:
of Saxon words, verb. Præfectus , and
that by reiecting the first silla­
ble, which (he saith) among the
Saxons is vsuall. It signifieth in
our common law, the Bayliffe of
a Fraunchis or maner, and espe­
cially in the West parts. Of this
you may see Kitchin. fol. 43. See
Greue. See Shyreeue. See also of
this word M. Verstigan in his re­
stitution of decayed intelli­
gence. cap : 10. speaking much
to the same effect. 

Reuels , seemeth to be deriued
from the French word (Reueiller.
i. excitari, vel expergesieri) It sig­
nifieth with vs sports of daun­
sing, masking, comedies, tra­
gedies, and such like vsed in









the Kings house, the houses of
court or of other great person­
ages. The reason whereof is,
because they are most vsed by
night, when otherwise men
commonly sleepe, and be at
rest. In the Kings house there
is an officer called the Master of
these Reuils, who hath the or­
dering, and dispositions of
these pastimes in the court. 

Reuenewe , is a French word,
signifiing as much as Reditio,
Reuersio, Reditus. It signifieth
properly the yearely rent that
groweth to euery man from his
lands and possessions. 

Reuersion (Reversio) signifieth
in the comon lawe, a possibili­
ty reserued to a mans selfe
and his heires, to haue againe
lands or tenements made ouer
conditionally vnto others, vpon
the defect or fayling of such
condition. The difference be­
tweene a Remainder, and a
Reversion is, that a Remainder
is generall, and may be to any
man but to him that graun­
teth, or conueieth the land, &c.
for terme of life onely or o­
therwise: a Reuersion is to him­
selfe from whome the convei­
ance of the land, &c. proceeded,
and commonly perpetuall, as to
his heires also, Litleton, fol. 112.
in fine. See Cooke lib. 2. Sir. Hugh
Cholmleis case, fol. 5 1. a. And yet a
Reuersion is sometime confoun­
ded with a remainder. Cooke li.
2. Tookers case, fol. 67. b. Plowden,
casu Hille. fol. 1 7 0. b. what this
word Reuersion in a deede doth
carie. See Litleton lib. 2. ca.
12. 

Revocation (Revocatio) is the
calling backe of a thing gran­
ted. Of these you haue diuers
in the Register originall , as Reuo­
vocationem brevis de audiendo
& terminando. fol. 124. Revocatio­
nem præsentationis. fol. 30 4 & 305.
Revocationem protectionis, fol. 23.
Revocationem specialium Iusticiari­
orum quia, &c. fol. 205. 

Reviving , is a word meta­
phorically applied to rents and
actions and signifieth a re­
newing of them, after they be
extinguished: no lesse then if
a man, or other liuing crea­
ture should be dead, and resto­
red to life. See diuers exam­
ples in Brooke titulo. Revivings
of rents, actions, &c. fol 2 23. 

Rewardum. See Regard.

Reweye. anno. 43. Elizab. cap.
10. 

Rie , is a Saxon word signifiing
as much as Regnum , in Latine.
Camd. Britan. pag. 346. 

Riens passe per le fait , is a forme
of an exception taken in some
cases to an action. See Brooke
titulo Estaunger al fait or Re­
cord. 

Riens dans le gard , was a cha­
lenge to a Iurie, or Enquest with­









in London. for that foure suffici­
ent men of liuelyhood to the
yearely value of fortie shillings
aboue all charges, within the
same City, and dwelling and ha­
uing within the same ward,
weare not impanelled therein.
But it is abrogated by the sta­
tute. anno 7. H. 7. cap. 4. 

Rier countie (Retrocomitatus)
 seemeth to come of the French
(Arriere. i posterior) and in the
statute. anno 2. Ed. 3. cap. 5
is opposite to the open countie
And by comparison of that
statute with Westm. 2. cap. 38. it
appeareth to be some publique
place, which the Shyreeue ap­
pointeth for the receipt of the
kings money after the ende of
his Countie. Fleta saith that it
is dies crastinus, post comitatum. lib.
2. cap. 67. §. Quia Iustictarii. not in OED as headword

Right Rectum. See Recto.

Ridings , be the names of the
parts or diuisions of Yorke shire ,
being three in number. viz.
West riding, East riding , and North
riding. Camd. Britan. pag. 530.
This word is mentioned in the
statute, anno 22. H. 8. cap. 5. & 23.
H. 8. cap. 18. and M. West. parte
2. symbol. titulo Inditements saith,
that in Inditements within that
Countie, it is requisite that the
towne, and the Riding be ex­
pressed. sect. 70. Q. 

Right in the Court. anno 6. R.
2. stat. 1. cap. 1 2. See Rectus in
Curiæ. 

Ringhead, anno 43. Elizab. cap.
10. 

Riot (Riottum) commeth of
the French (Rioter. 1. rixori.) It
signifieth in our common lawe,
the forcible doing of an vnlaw­
full act, by three or more per­
sons assembled togither for that
purpose. Westm. parte. 2. symbol. ti­
tulo , Inditements. sect. 65. P. The
differences and agreements be­
tweene a Riot, a Rout, and vn­
lawfull assembly. See in M.
Lamb. Eirenarcha. lib. 2. cap. 5.
&c. See the statute. 1. M. 1. cap.
12. & Kitchin. fol. 19. who giueth
these examples of Riots: the
breach of inclosures, or banks
or conduicts, parks, pownds,
houses, barnes, the burning of
stacks of corne. M. Lamberd
vbi supra. vseth these examples:
to beate a man, to enter vpon a
possession forcibly, See Route.
and vnlawfull assembly. See also
Cromptons Iustice of peace diuers
cases of Riots, &c. fol. 53. See
Trihings. 

Ripiers (Riparii) be those that
vse to bring fish from the sea
coast to the inner parts of the
land. Camd. Britan. pag. 234. It is
a word made of the latine
(Ripa). 

Rise (oriza) is a kinde of
corne growing in Spaine, Asia ,
and India , with the which both
good foodes and medicines be









made. whereof if you desire
farder knowledge, reade Gerards
herball. lib. 1. cap. 52. This is men­
tioned among merchandize to
be garbled in the statute. anno 1.
Iaco. cap. 19. 

Roag (Rogus) seemeth to
come of the French (Rogue. i. ar­
rogans) It signifieth with vs an
idle sturdie beggar, that wan­
dring from place to place with­
out pasport, after he hath beene
by Iustices bestowed vpon some
certaine place of aboade, or offe­
red to be bestowed, is condem­
ned to be so called. who for
the first offence, is called a Roag
of the first degree, and puni­
shed by whipping, and boring
through the grissell of the right
eare with a hot yron an inch in
compas: & for the second offence,
is called a Roag of the second
degree, and put to death as a fe­
lon, if he be aboue 18. yeares
ould. See the statute, anno 1 4.
Elizab. cap. 5. & 18. eiusdem, cap. 3.
& anno 36. cap. 17. If you will
know who be Rogues, and
to be punished as Rogues by
lawe, Reade Lamberds Eirenar­
cha. lib. 4. cap. 4. See Rout. 

Robberie (Robaria) commeth
of the French (Robbe. i. vestis)
and in our common lawe, a fe­
lonious taking away of ano­
ther mans goods from his per­
son or presence, against his will,
putting him in feare, and of
purpose to steale the same
goods. West. parte 2. symbol. ti­
tulo Inditments, sect. 60. This is
sometime called violent theft.
Idem, eodem. which is felonie for
two pence. Kitchin fol. 26. and
22. lib. Assis. 39. Robaria is a word
vsed also in other nations, as
appeareth by the annotations
vpon Mathæus de Afflictis, descis.
8 2. nu. 6. pag. 122. See Skene
verbo Reif. libro de verbo. significat.
See Cromp. Iustice of peace. f. 30. b. 

Roberdsmen, anno 5. Ed. 3. cap.
14. & anno 7. R. 2. cap. 5. M.
Lamb. interpreteth them to be
mighty theeues. Eirenarch. lib.
2. cap. 6. pag. 190. 

Rodknights, aliâs Radknights ,
 are certaine seruitours, which
hould their lands by seruing
their Lord on horseback. Bra­
cton lib. 2. cap. 36. nu. 6. saith of
them, debent equitare cum Domi­
no suo de manerio in manerium.
vel cum Domini vxore. Flcta. lib.
3. cap. 14. §. Continetur. 

Rodde (Pertica) is otherwise
called a pearche, and is a mea­
sure of 16. foote and an halfe
long, and in Stafford Shire 20.
foote, to measure land with. See
Pearch.

Rofe tyle, aliâs Creast tyle , is that
tyle which is made to lay vp­
on the rudge of the house. anno
1 7. Ed. 4. cap. 4. 

Rogation weeke (dies rogatio­
num) is a time well knowne to









all, being other wise called Gang
weeke. The reason why it is so
termed, is because of the espe­
ciall deuotion of prayer and fa­
sting, then inioyned by the
Church to all men, for a prepa­
ratiue to the ioyfull remem­
brance of Christs glorious as­
cension, and the descension of
the holy Ghost, in the forme of
cloven tongues shortly after. And
in that respect the solemnizati­
on of carnall matrimony is for­
bidden from the first day of the
said weeke, vntill Trinitie Sun­
day. See Aduent.

Roode of land (Roda terræ) is a
certaine quantitie of land be­
ing the fourth part of an acre.
ann. 5. Eliz. ca. 5. See Perch.

Roll, aliâs Roule (Rotulum)
 commeth of the French (Rouler.
i. volvere, pervolvere, rotare)
whence also is the French (Role
ou Roule. i. volumen, catalogus, Co­
dex) It signifieth with vs a she­
dule of paper, or parchment
turned, or wound vp with the
hand to the fashion of a pipe. So
is it vsed in Stawnf. plees of the
Crowne, fol. 11. The chequer rolle
of the kings house, out of the
statute anno 3. H. 7. cap. 13.
which signifieth nothing but the
catalogue, wherein the names of
the Kings houshould seruants
are set downe. And anno 5. Rich.
2. cap. 1 4. stat. pri: there is men­
tion made of the great Rolle of
the Exchequer which seemeth
otherwise to be called the pipe.
The Roules is also a place desti­
nated by Ed. 3. to  the kee­
ping of the Rols, or Records of
the Chauncery situat betweene
the two Temples in London.
Camd: Britan: pag. 321. the Ma­
ster whereof is the second man
in Chauncery, and in the absence
of the Lord Chaunceler, or Kee­
per, sitteth as Iudge, being
commonly called the Master
of the Rols. See Master of the
Rols.

Romescot , is compounded of
Rome , and Scot , as you would
say, the tribute due to Rome : it
is called by Mathæus Westmo­
nasteriensis, Consuetudo Apostolica,
à qua, neque Rex, neque Archiepis­
copus, vel Episcopus, Abbas, vol
Prior, aut quilibet in regno immu­
nis erat: and was first graunted
by Offa a Saxon King. Camd.
Britan. pag. 306. See Peter pence:
and Roger Houeden parte poster.
suorum annalium. fol. 344. a. in
Henrico secundo. 

Roundlet , is a certaine mea­
sure of wine, oyle, &c. contai­
ning 18. gallons and a halfe,
anno 1. R. 3. cap. 13. 

Route (Routa) is a French
word signifying a companie, or
flocke: as (vne grande route de
gents, ou de cerfs. i. grex hominum,
longa ceruorum series.) It signifi­
eth in our common lawe, an as­









sembly of three persons or more,
going on about forcibly to com­
mit an vnlawfull act, but yet
doe it not, Westm parte 2. sym.
titulo Indictments. sect. 65. o. M.
Lamberd thus saith of it: A
Route is the same, which the
Germans yet call Rot , meaning
a band or great companie of
men gathered together, and
going about to execute, or ex­
ecuting indeed, any ryot or vn­
lawfull act: and (saith more) it
is said properly of the multitude
that assembleth themselues in
such disorderly sort, for their
common quarels. As if the in­
habitants of a towneship doe
assemble to pull downe a hedge,
or pale, to haue their common,
where they ought to haue none,
or to beate a man, that hath done
them some publike offence or
displeasure. But the statute of
18. Ed. 3. stat. prim. cap. vnico.
which giueth processe of out­
lawrie against such as bring
routes into the presence of the
Iustices, or in affray of the peo­
ple, and the Statute of 2. Rich.
2. cap. 6. that speaketh of riding
in great routes to make entrie
into lands, and to beate others,
and to take their wiues, &c. doe
seeme to vnderstand it more
largely. And it is a route, whe­
ther they put their purpose in
execution or no: if so be, that
they do goe, ride, or moue for­
ward after their meeting. Broke,
titulo Riot. 4. & 5. So (as it see­
meth) a route should be a speci­
all kind of vnlawfull assembly:
and a riot the disorderly fact
committed generally by any vn­
lawfull assembly. Howsoeuer it
be, two things are common
both to Riot, Route, and vn­
lawfull assembly: the one, that
three persons at the least bee
gathered together: for so it is
commonly taken at this day,
as I haue learned: the other,
that they being together, do
breed disturbance of the peace,
either by signification of speech,
shew of armour, turbulent ge­
sture, or actuall and expresse
violence: so that either the
peaceable sort of men be vn­
quieted, and feared by the
fact, or the lighter sort, and
busie bodies emboldened by the
example. Thus farre M. Lam­
berd in his Eirenarcha. lib. 2.
cap. 5. &c. Where you may
reade more worth the noting,
though too long to be copied
out. See Riot , and Vnlawfull as­
sembly. Kitchin giueth the same
definition of a Route, fol. 20. 

Rowing of clothes. anno 27. H. 8.
cap. 13. 

Royall assent (regius assensus)
 is that approbation which the
King giueth to a thing formerly
done by others: as to the election
of a Bishop by Deane and









Chapter. Which giuen, then he
sendeth an especiall writ to some
person for the taking of his
fealtie. The forme of which
writ you may see in Fitz. nat. br.
fol. 170. C. And also to a bill
passed by both the Houses of
Parlament. Cromptons Iuris. fol.
8. which assent being once gi­
uen, the bill is indorsed with
these wordes : Le Roy veult , i.
it pleaseth the King. If he refuse
to agree vnto it, then thus: Le
roy aduisera. 1. the King will yet
thinke of it. See Parlament.

Royalties (regalia vel regalita­
tes) be the rights of the King. Iu­
ra Regis. Hotoman in verbis feu­
dal: verbo. Regum Feudistæ. And
so are they vnderstoode of vs
likewise, who otherwise call
them the Kings prerogatiue. See
P rerogatiue. And some of these
be such as the King may graunt
vnto common persons, some so
high, as may not be separated
from his owne Crowne priuatiuè
as the Ciuilians terme it, though
cumulatiuè he may. See Bracton
lib. 2. cap. 5. These be in some
sort expressed in the first of Sa­
muell. cap. 8. but these genera­
lities bee specified more at
large by those Lawyers that
write of this point. Among
whom I especially commend
Mathæum de Afflictis vpon the ti­
tle of the Feuds. Quæ sint regalia.
being the 33. title of the third
booke, as some diuide them, but
according to others the 5 6.
of the second booke: where be
named in the text 2 5. specialties
of Royalties. See also Hotomans
Commentaries in lib. 2. Feudor.
cap. 56. 

Rouge cross. See Herald.not in OED as headword

Rudge washed Kersey. i. made
of fleece wooll washed onely
on the sheepes backe. anno 35.
Eliz. cap. 10. 


S

SAbles. See Furre.

Sac (sacha vel Sacca) is a
Royalty or priuiledge touching
plee, and correction of trespasses
of men within a maner. Rastal,
titulo expos: of words : where he
addeth this reason: because (saith
he) Sac in english is (Encheson) in
French: as to say, for sick sack,
pour quel encheson. i. for what hurt.
That which our common law­
yers call (encheson) the true
French man termeth (Achoise. i.
occasionem) as (Achoise fort gran­
de, occasio ampla) or els may en­
cheson come of (Encheoir. i. inci­
dere) which we in english call an
accident , or incident. But all this
is farre enough from (sac) and
from the interpretation thereof,
as it is a liberty or priuiledge.
B racton hath the word, as Stawn­
ford noteth out of him, pl. cor: li.
pri: cap : 23. but neither of them
both doe particularly interpret
it. Bractons words be these lib. 3.









tract. 2. cap. 8. vel si sit aliquis qui
de concessione Domini Regis talem
habeat libertatem (sicut sock &
sack, Tolnetum, Team , Infangthefe,
& Hutfanghhefe) qui inu'ctus fue­
rit seisitus de aliquo latrocinio, sicut
Hondhabende & Backborend, tales
habent regalem potestate: & vnde qui
tales libertates habent, habebunt priso­
nam suam detalibus, quia possunt
tales in Curia sua iudicare. Of the
which mater he speaketh also in
lib. 2. cap. 24. nu. 2. & 3. and a­
game lib. 3. tracta. 2. cap. 35.
But in none of these places he
giueth any interpretation of the
word. Saxon in his description
of England defineth Sack to be
a forfeiture, as doth Rastall vbi
supra. fol , 132. M. Camden in his
Britan: pag. 415. speaking of
Lincoln. hath these words: Ed­
uardo Confessore regnante, erant (ex
censuali libro loquor) 1070. man­
siones hospitalæ, & duodecim Lage­
man habentes socam & sacam. To
all these adde Bracton, lib. 2. cap.
5. where he writeth thus. Sunt &
aliæ res quasi sacræ, quæ personam
Regis respiciunt, & aliquando
transferri non possunt, nisi Iusticia­
riis Domini Regis, sicut visus Fran­
ciplegii, placita de vetito nannio, e­
mendatio transgressionis Assisarum ,
I udicium latronum, sicut de illis
qui habent sock & sack, & huius­
modi omnia, quæ pertinent ad pacem,
& per consequens ad Coronam. I am
informed, that the word (sack)
in the Saxon tongue doth pro­
perly signifie so much as (causa)
with the Latines: whence wee
in English haue the word (sake)
as (for whose sake.) M. Skene de
verbor. signif. verbo, Sacke , wri­
teth thus. In some old books
it is called placitum & emenda de
transgressione horeinum in Curia
nostra. In the lawes of king Ed­
ward set foorth by M. Lamberd,
fol. 132. it is written, (Sacha)
Sacha autem est' si quilibet aliquem no­
minatim de aliquo calumniatus fu­
erit, & negauerit, forisfactura
probationis vel negationis, (si eue­
nerit) sua erit. Which may be
called the amercement payed
by him, who denieth that thing,
which is proued against him to
be true, or affirmeth that thing,
the contrarie whereof is true.
Thus farre M. Skene. Fleta of this
hath these words: Sake signifi­
cat acquietantiam de secta ad Co­
mitatum, & Hundredum. lib. pri.
cap. 47. §. Sake. But by all those
I find not any reason of the
word, that is, why this liberty
should be so called, and there­
fore I must leaue it to beter An­
tiquaries or Linguists. see Rog. H.
part. poster. suorum annalium f. 345. 

Saccus cum brochia , seemeth to
be a seruice of finding a sacke
and a broch to the King by
vertue of a tenute, for the vse
of his armie. Bract li. 2 c. 16. n. 6. 

Sacke of wooll, (sacous lanæ) is









a quantitie of wooll, that contai­
neth 26. stone, and a stone, four­
teene pounds, anno 14. Ed. 3.
stat. 1. cap. 21. See  Sarplar.

Sacramento recipiendo, quòd vi­
dua Regis se non maritabit sine li­
centia Regis , is a writ or commis­
sion to one for the taking of an
oath of the Kings widowe,
that she shall not marie with­
out the Kings licence. Register o­
riginal, fol. 298. a. 

Safe conduict. See  Saulf con­
duict. 

Salus , is a coine of gold
stamped by king Henry the
sixth in Fraunce, which onely
coine, with another of Blanes of
eight pence a peice, was cur­
rent in those places of Fraunce,
where King Henry was obeyed.
Stowes Annals, pag. 5 86. 

Safe pledge (Salvus plegius) is a
suretie giuen for a mans appa­
rence against a day assigned,
Bracton lib. 4. cap. 2. nu. 2. where
it is also called certus plegi­
us. 

Sailing ware. anno prim. R. 3.
cap. 8. 

Sak. See Sac.

Sakebere, in Britton cap. 15. &
29. seemeth to be he that is
robbed, or by theft depriued of
his goods: with whome Bracton
also agreeth, lib. 3. tracta. 2. cap.
32. nu. 2. in these words: Furtum
vero manifestum est, vbi latro de
prehensus sit seisitus de aliquo la­
trocinio. so. Hondhabende, & Back­
berend, & insecutus fuerit per ali­
quem, cuius res illa fuerit. qui dici­
tur Sacaburthe, &c. or Sathaber , as
Stawnford calleth it, pl. cor. lib. pri.
cap. 21. The interpretation of
this word I find not. Onely
M. Skene de verb. interpretatione.
verbo. (Sacreborgh) thinketh it
should rather be written. Sicker­
borgh , of (Sicker. i. Securus) and
(Borgh. i. plegius) signifiing a sure
cautioner or suretie which one
findeth to another for theft, or
slaughter: whereof he offereth to
accuse him iudicially. For in
this case it behoueth the per­
siewer to oblige, or binde him­
selfe into the hands of the offi­
cer, or before a Iudge compe­
tent with Sicker borgh , or sure
caution, that he will persiew in
forme of lawe. And by this
meanes it may be, that the ac­
cuser was wont with vs to be
called Sakbere of a circumstance,
because in this case he was sure­
ly bound to persiew. Sycker is
also an old english word, signifi­
ing as much as sure, secure, or
certaine, and see Borowe.not found in OED as headword

Salet , is a headpeece. anno 4.
& 5. Phil. & Mar. it seemeth
to come from the French (Sa­
lut. i. Salus).

Salmon sewse , seemeth to be
the young fry of Salmon, quasi sal­
mon issue. anno 13. R. 3. stat. pri.
cap. 19. Sole OED citation.









Salva Gardia , is a securitie
giuen by the King to a straun­
ger, fearing the violence of
some of his subiects, for seeking
his right by course of lawe: the
forme whereof see in the
Register originall. fol. 26. a. b. 

Sanctuarie (Sanctuarium) is a
place priviledged by the prince,
for the safegard of mens liues,
that are offenders, being foun­
ded vpon the lawe of mercie,
and vpon the great reuerence,
honour, and deuotion, which
the Prince beareth to the place,
whereunto he graunteth such a
priuiledge. Of this you may
read a sufficient treatis in Stawnf.
pl. cor. lib. 2. cap. 38. This see­
meth to haue taken beginning
from the Cities of refuge, which
Moyses appointed them to flie
vnto for safegard of their liues,
that had by casualty slaine a
man. Exodus, cap. 21. In bastard­
ly imitation whereof, first the A­
thenians , then Romulus erected
such a place of immunity, which
they, & he after them called A­
yslum. Polidor: Virg: de inuentione
rerum, lib. 3. cap. 12. The Empe­
rours of Rome made the places
of their owne statues or Ima­
ges, a place of refuge, as appea­
reth. Cod. lib. 1. titulo 15. De iis
qui ad statuas confugiunt : as also
the Churches: eodem, tituio 1 2.
De iis qui ad ecclesias confugiunt,
&c. But among all other nations,
our auncient Kings of England
seeme to haue attributed most
to these Sanctuaries, permitting
them to shelter such, as had
committed both felonies, and
treasons, so that within fourty
daies they acknowledged their
fault, and so submitted them­
selues to banishment: during
which time, if any man expelled
them, if he were laye, he was ex­
communicated, if a Clerk, he
was made irregular. But after
fourty daies noe man might re­
leeue them. Stawnf. vbi supra.
See of this the new booke of En­
tries: verb Sanctuary : and Fleta:
lib. 1. cap. 29. And how by de­
grees they haue beene taken a­
way, you may read partly in
him, and partly in the statutes. a.
2 6. H. 8. ca. 13. & anno 28. eius­
dem, ca. 7. & anno 32. eiusd. ca.
1 2. & anno 33. eiusdem, cap. 1 5. &
anno pri: Ed. 6. cap. 1 2. & anno.
2. eiusdem, cap. 2. & cap. 3 3. &
anno 5. eiusdem, cap. 10. See Ab­
iuration. 

Salarie (salarium) is a recom­
pence or consideration made to
any man for his paines or indu­
stry bestowed vpon another
mans busines. So called, as Pliny
saith, qui tam necessarium quam sal
homini. The word you haue anno
23. Ed. 3. ca pri. 

Salmon pipe, anno 25. H. 8. cap.
7. is an engine to catch Salmons
and such like fish. 









Sandall, anno 2. Rich. 2. cap. 1.
 is a merchandize brought into
England. And it seemeth to be a
kinde of wood brought out of
India. For (Sandal) in French so
signifieth, and in latine it is cal­
led Santalum. 

Sarcling time, or time of sar­
cling. Seemeth to be all one with
hey seele. Or the time when the
country man weedeth his corne.
And it proceedeth from the la­
tine sarculare , to rake or weed.
Or from the French (Sarcler)
which hath all one significa­
tion. not in OED as headword 

Sarpler (Sarplera lanæ) is a
quantitie of woll. This in Scot­
land is called Serplathe, and con­
teineth fourescore stone, for the
Lords in the counsell in an­
no 1 5 2 7. decreed foure serpli­
athes of packed wolle to con­
taine 16. score stone of woll,
by the trafique of Merchants
now vsed. The Merchants vse to
fraught for their goods to Flaun­
ders , by the Sack, to Fraunce ,
S paine , and England , by the
Tunne, and to Dansken and
the Easter seas, by the Serpliathe,
Skene de verbo. significatione, verbo
Serpliathe. with vs in England a
loade of wolle (as I haue beene
informed) consisteth of 80.
todde, each todde consisting
of two stone, and each stone of
14. pound. And that a Sack of
wolle is in common accoumpt
equall with a load: and a Sarpler
(otherwise called a pocket) is
halfe a Sack. Further that a
packe of wolle is a horse loade,
which consisteth of 17. stone.
two pounds. Fleta lib. 2. cap. 12.
saith that all our English mea­
sures are compounded of the
peny sterling, which weigheth
3 2. wheate cornes of the mid­
dle sort. and that 2. of those
pence make an ounce, and 12.
ounces a pound in weight, or
20. shillings in number, and that
8. pound of wheat maketh a ia­
lon or a galon as we now
call it, and eight galons a
bushell, and 8. bushels a com­
mon quarter. Also that 15.
ounces of the quantitie afore­
said doe make a merchants
pounde. And that 12. such
pound and a halfe, make a
ftone, and that 14. stone make a
waigh, and that two waighes or
28. stone, make a sack of wolle,
which ought to waigh a quarter
of wheate, and that 12. sacks
make a last. So that a waigh,
and a sarpler seemeth to be all
one, but that the sarpler is the
case, and the weigh respecteth
the quantitie of the wolle it
selfe: And that a loade and a
sacke is all one. 

Saunk fin , is a phrase vsed by
Britton. cap. 119. for the deter­
mination, or finall end, of the
lineall race, or discent of a kin­









dred. It seemeth to come from
the French (Sang. i. sanguis) and
Finè. i. finitus.)not in OED as headword

Sauer de default , is word for
word, to excuse a default. This
is properly, when a man hauing
made default in court, com­
meth afterward and alleadgeth
good cause, why he did it, as im­
prisonment at the same time, or
such like. Newe booke of En­
tries. verbo. Sauer de default. 

Saulfe conduict (Salvus condu­
ctus) is a security giuen by
the Prince, vnder the broad feale
to a straunger, for his quiet com­
ming in and passing out of the
Realme, touching which you
may see the statuts. anno 15. H.
6. cap. 3. & anno 1 8. eiusdem. ca.
18. & anno 28. H. 8. cap. pri. The
forme of this see in the Regi­
ster originall, fol. 25. 

Stawnford , was a man very
learned in the common lawes of
the land, wherein he wrote 2.
bookes one termed the plees of
the Crowne, the other the
Princes prerogatiue. He flori­
shed in the daies of Ed. the sixth,
and of Queene Mary , being in
Queene Maries daies a Iudge,
and knighted. 

Scandalum Magnatum , is the
especiall name of a wrong done
to any high personage of the
land, as Prelates, Dukes, Earles,
Barons, and other Nobles: and
also of the Chanceler, treasurer,
clerk of the priuy seale, stew­
ard of the kings house, Iustice, of
the one bench or of the other, &
other great officers of the realm,
by false news: or horrible & false
messages, whereby debates and
discords betwixt them and the
commons, or any scandall to
their persons might arise. anno
2. R. 2. cap. 5. 

Scauage , otherwise called
Shewage is a kind of tolle, or
custome exacted by Maiors,
Shyreeue, and Baylifs of Cities
and Borough townes, of Mer­
chants for wares shewed to be
soulde within their precincts.
which is forbidden by the sta­
tute. anno 19. H. 7. cap. 8. It com­
meth of the Saxon word
(Sceawe) to behold or view, or
to shewe. whence is the word
(Sceaw-stowe) a theater or
shew place, a beholding place.
M. Verstegan in his restitution of
decayed intelligences. litera S. 

Scire facias , is a writ Iudiciall,
most commonly to call a man
to shew cause vnto the Court,
whence it is sent, why exe­
cution of a Iudgement passed,
should not be made. This writ
is not graunted before a yeare
and al day be passed after the
Iudgement giuen, ould nat. br fol.
151. Scire facias vpon a fine,
lieth after a yeare and a day
from the fine levied. Otherwise
it is all one with the writ ha­









bere facias seisinam. West part. 2.
simb. titulo fines, sect. 1 37. See an.
25. Edwardi 3. Sta. 5. cap. 2.
v. anno 39. Eliz. cap. 7. The
Register originall and Iudiciall
also in the table sheweth many
other diuersities of this writ,
which reade. See also the newe
booke of Entries. verb. Scire facias. 

Scyra. Camd. Britan. pag. 103.
& 544. See Shyre.

Scot , seemeth to come of the
French (escot. i. symbolum) Rastall
saith it is a certaine custome, or
common tallage made to the
vse of the Shyreeue, or his
Baylifes. Saxon in his description
of England. cap. 11. saith thus:
Scot a gadering to worke of
Bailes: what he meaneth God
knoweth I thinke the place is
corruptly printed. Scot (saith
M. Camden out of Mathewe of
Westm:) illud dicitur, quod ex di­
uersis rebus in vnum aceruum ag­
gregatur. In the lawes of William
the Conquerour, set forth by
M. Lamberd: fol. 125. you haue
these words, Et omnis Franci­
gena, qui tempore Edwardi propin­
qui nostri fuit in Anglia, particeps
consuetudinum Anglorum, quod di­
cunt aue hlote, & aue scote persol­
uantur secundum legem Anglorum. 

Scot and Lot. anno 33. H. 8. ca.
19. signifieth a custumary con­
tribution laid vpon all subiects
after their hability. Roger Houe­
den writeth it Anlote & Anscote, in principio Henrici secundi. 

Scotall (Scotalla) is a word v­
sed in the Charter of the Forest.
ca. 7. in these words, as Pupilla
oculi hath them, parte 5. cap. 22.
Nullus Forestarius vel Bedellus,
faciat Scotallas, vel garbas colligat,
vel aliquam collectam faciat. &c.
M. Manwood parte pri of his Fo­
rest lawes. pag. 2 16. thus defineth
it. A Scotall is where any offi­
cer of the Forest doth keepe
an alehouse within the Forest,
by colour of his office, causing
men to come to his house, and
there to spend their mony, for
feare of hauing displeasure. It
seemeth to be compounded of
Scot and Ale. 

Scutagio habendo , is a writ that
lieth for the King or other
Lord against the Tenent, that
houldeth by knights seruice,
(wherein homage, fealtie, and
escuage be conteined) being
to make a viage to warre against
the Scots, or French men. For
in those cases, this writ issueth
out to all such tenents to serue
by themselues, or a sufficient
man in their place, or else to
pay, &c. See Fitzh. nat. br. fol. 83.
It is vsed in the Register origi­
nall, for him to iccouer escu­
age of others, that hath either
by seruice or fine performed
his owne to the King. so. 88. a. 

Sealer (Sigillator) is an officer in
Chauncerie, whose dutie is to









seale the writs and instruments
there made. 

Seane fish, anno 1. Iacob. ses. 1.
cap. 25. Seane fish, ibidem , seemeth
to be that fish which is taken
with a very great and long net
called a seane. 

Second deliuerance (Secunda de­
liberatione) is a writ that lyeth
for him who after a returne of
catel repleuied adiudged to
him that distreined them,
by reason of a default in the
party that replevied, for the
repleuying of the same catell
againe, vpon securitie put in for
the redeliuerie of them, if in
case the distresse be iustified.
New booke of Entries. verbo,
Replevin in second deliuerance. fol.
5 2 2. col. 2. v. Dyer fol. 4 1. n. 4. 5. 

Secta ad Curiam , is a writ that
lyeth against him, who refu­
seth to performe his suite either
to the Countie, or Court Baron.
Fitz. nat. br. fol. 158. 

Secta facienda per illum qui ha­
bet eniciam partem , is a writ to
compell the heire that hath the
elders part of the coheires, to
performe seruice for all the co­
parceners, Regist. origin. f. 177. a. 

Secta molendini , is a writ ly­
ing against him, that hath vsed
to grind at the mille of B. and
after goeth to another mille
with his corne. Register origin.
fol. 1 53. Fitz. nat. br. fol. 1 22. But
it seemeth by him, that this writ
lyeth especially for the Lord a­
gainst his franke Tenents, who
hold of him by making suite to
his mill, eodem. See the new book
of Entries. verbo Secta ad molen­
dinum. By likelihood this ser­
uice is also in Fraunce. For Baldui­
nus ad titulum de servitutibus præ­
diorum, in Institut. hath these
words : Bannalis mola nova &
barbaræ seruitutis species est, qua
hodie passim rustici coguntur vna
mola, quam bannalem vocamus, v­
noque furno vti ad quæstum Domi­
ni, qui fortasse præest iurisdictioni e­
ius pagi. 

Sectam proferre, est testimonium
legalium hominum qui contractui
inter eos habito interfuerint præsen­
tes producere. Fleta lib. 2. cap. 63.
§. Nullus. And secta is vsed for a
witnes. Idem, lib. 4. cap. 1 6. §. fi­
nal. Habes tamen sectam vnam
vel plures, &c. 

Secta ad Iusticiam faciendam ,
 is a seruice due for a mans fee
to be performed, being by
his fee bound thereunto. Bra­
cton. lib. 2. cap. 16. num. 6. 

Secta vnica tantum facienda pro
pluribus hæreditatibus , is a writ
that lyeth for that heyre that is
distreined by the Lord to more
suites then one, in respect of
the land of diuers heires des­
cended vnto him. Register orig.
fol. 177. a. 

Sectis non faciendis , is a writ,
that lyeth for one in wardship









to be deliuered of all suites of
Court during his wardship, Re­
gister origin. fol. 173. b. See other
vse of this writ, eodem, fol. 174.
touching women that for their
dower ought not to performe
suite of Court. 

Secunda superoneratione pasturæ.
 is a writ that lyeth, where mea­
surement of pasture hath bene
made, and he that first surchar­
ged the common, doth againe
surcharge it, the measurement
notwithstanding. Register origin.
fol. 157. old nat. br. fol. 73. 

Secundarie, (secundarius) is
the name of an Officer next vn­
to the chiefe Officer: as the
Secundarie of the fine Office:
the Secundarie of the Coun­
ter: which is (as I take it) next
to the Shyreeue in London in ech
of the two Counters. Secunda­
rie of the office of the priuie
seale. anno 1. Ed. 4. cap. 1. Se­
cundaries of the Pipe two: Se­
cundarie to the Remembran­
cers, two, which be Officers in
the Exchequer. Camden. pag.
113. 

Securitatem inueniendi, quòd se
non diuertat ad partes exteras sine
licentia Regis , is a writ that lyeth
for the King against any of
his subiects, to stay them from
going out of his kingdome. The
ground whereof is this, that
euery man is bound to serue and
defend the Commonwealth, as
the King shall thinke meet. Fitz.
nat. br. fol. 85. 

Securitate pacis , is a writ
that lyeth for one, who is threa­
tened death or daunger, against
him that threateneth, taken out
of the Chauncerie to the Shy­
reeue: whereof the forme and
farder vse you may see in the Re­
gister origin. fol. 88. b. and Fitzh.
nat. br. fol. 79. 

Se defendendo , is a plee for him
that is charged with the death
of ano ther, saying that he was
driuen vnto that which he did, in
his owne defence, the other so
assaulting him, that if he had not
done as he did, he must haue
beene in perill of his owne life.
Which daunger ought to be so
great, as that it appeare ineuita­
ble. As Stawnford saith in his
plees of the Crowne. li. 1. ca. 7.
And if he doe iustifie it to be
done in his owne defence, yet is
he driuen to procure his pardon
of course from the Lord Chan­
celer, and forfeiteth his goods
to the King. As the said authour
saith in the same place. 

Seignior (Dominus) is borow­
ed of the French (seigneur) It sig­
nifieth in the generall significati­
on, as much as Lord: but parti­
cularly it is vsed for the Lord of
the fee, or of a maner, euen as
(Dominus) or (senior) among the
Feudists, is he, who graunteth a
a fee or benefite out of his land









to another. And the reason is, (as
Hotoman saith) because hauing
graunted the vse and profite of
the land to another: yet the pro­
pertie. i. (Dominium) he still re­
teineth in himselfe. See Hotoman
in verbis feudal. verbo Dominus,
& Senior. Seignior in grosse, see­
meth to be he that is Lord, but
of no maner, and therefore can
keepe no court. Fitz. nat. br. fol.
3. b. See Seignorie.

Seignourage. anno 9. H. 5. stat.
2. cap. 1. seemeth to be a regali­
tie or prerogatiue of the king
whereby he challengeth allow­
ance of gold and siluer brought
in the masse to his Exchange, for
coyne. 

Seignorie (Deminium) is bo­
rowed of the French (seigneury.
i. ditio, dominatus, imperium, princi­
patus, potentatus.) It signifieth pe­
culiarly with vs, a Maner, or
Lordship. Seignorie de soke mans.
Kitchin fol. 80. Seignorie in
grosse, seemeth to be the
title of him that is not
Lord by meanes of any maner,
but immediatly in his owne per­
son: as Tenure in capite , whereby
one holdeth of the King, as of
his Crowne, is seignorie in grosse :
because it is held of the king for
the time being, and not of the
King, as of any honour, maner,
&c. Kitchin, fol. 2 0 6. See Seig­
nior. 

Seisin (seisina) is borowed of
the French (seisine. i. possessio,) and
so it signifieth in our common
lawe: and to seise , is to take pos­
session. Primier seisin (prima seisi­
na) is the first possession. See Pri­
mier seisin , of the French word
(seisir) is made a Latine (seisire,)
vsed by the Canonists cap. Cle­
ricis. § Nos igitur non semel de im­
munitate Ecclesiæ, num. 6. as also
the Ciuilians. Guido. Pap. singula.
865. Seisire est etiam possessionem
tradere. Tiraquellus in Tractatu.
Le mort saisit le vif pag. 53. num.
3. Seisin with our common Law­
yers, is two fold: seisin in fact, and
seisin in lawe. Perkins Dower. 369.
370. Seisin in fact is, when a
corporall possession is taken: sei­
sin in lawe, is when something
is done, which the lawe accom­
pteth a seisin, as an Inrolment.
Seisin in lawe, is as much as a
right to lands and tenements,
though the owner be by wrong
disseised of them. Perkins Tenent
per le courtesie. 457. 4 78. And it
seemeth by Ingham , that he who
hath had an houres possession
quietly taken, hath seisin de droit,
& de claime , whereof no man
may disseise him by his owne
force or subtiltie, but must bee
driuen to his action. §. Bref de no­
vel disseisin. Sir Edward Cooke lib.
4. calleth it seisin in lawe , or seisin
actuall. fol. 9. a. The Ciuilians
call the one ciuilem possessionem ,
the other naturalem. 









Seisina habenda quia Rex habu­
it annum, diem, & vastum , is a
writ that lyeth for the deliuery
of seisin to the Lord, of his land,
or tenements, that formerly was
conuicted of felony, after the
King in the right of his preroga­
tiue hath had the yeare, day, and
wast. Reg. orig. fol. 165. a. 

Selion (selio) is borowed of
the French (sellon. i. terra elata
inter duos sulcos) in Latine (Porca)
in english a Ridge , or land. It
signifieth euen so with vs also:
and is of no certaine quantity,
but some time conteineth an a­
cre, sometime halfe an acre,
sometime more, and sometime
lesse. West. parte 2. symbol: titulo.
Recouery: sect: 3. Therefore
Crompton in his Iurisdictions: fol:
2 2 1. saith, that a selion of land
cannot be in demaund, because
it is a thing vncertaine,

Seneshall (senescallus) is a
French word, but borowed
from Germany , being (as Tilius
saith) compounded of Schal. i.
servus, aut officialis , and (Gesnid.
i. familia) we english it a Ste­
ward. As the high Seneshall , or
Steward of England: pl. cor: fol.
1 5 2. High Seneshall or Steward ,
and South seneshall , or vnderste­
ward. Kitchin fol. 83: is vnder­
stood for a steward, or vnderste­
ward of Courts. Seneshal de l'ho­
stel de Roy, Steward of the Kings
houshold. Cromptons Iurisdictions.
fol. 102. 

Senescallo & Mareshallo quod
non teneant placita de libero te­
nemento, &c. is a writ directed to
the Steward or Marshall of En­
gland , inhibiting them to take
cognisance of any action in
their court, that concerneth ei­
ther Freehold, dept, or coue­
nant. Register orig. fol. 185. a.
191. b. 

Senie, aliâs, Sene, (sena) is a
leafe of a medicinable herbe,
that bringeth foorth stalkes of a
cubite high, purging phlegma­
ticke, cholericke, and also me­
lancholicke humors, without
great violence. The farder vse
whereof you may reade in Ger­
rards Herbal. lib. 3. cap. 8. This
is mentioned among other drugs
and spices to be garbled. anno 1.
Iacob. cap. 19. 

Septuagesima is a sunday cer­
taine, and alwayes the third sab­
bath before Shrouesunday, from
the which vntill the Octaues af­
ter Easter, the solemnizing of
mariage is by the Canon lawes
forbidden. The reason whereof
is giuen, for that all this time
vntill Easter, is a time of mour­
ning for the fall of Adam , and
for the miserie of man thereof
insuing. And Easter with the O­
ctaues thereof is a time of Christs
glorification, and so of ours also
in him, for his, and by him our
conquest ouer death and sinne.









And that therefore all carnall
affection ought, during that
space, to be wholy mortified
in vs. See Quinquagesima , see Ad­
uent , see Rogation weeke.

Sequatur sub suo periculo , is a
writ, that lyeth, where a sum­
mons ad warrantizandum is a­
warded, and the Shyreeue re­
turneth, that he hath nothing,
whereby he may be summoned.
For then goeth out an (Aliâs)
and (Pluries.) And if he come
not at the (Pluries) then shall go
out this writ. old nat. br. fol.
163. 

Sequestration (sequestratio) is a
separating of a thing in con­
trouersie from the possession of
both those that contend for it.
And it is double: voluntarie, or
necessarie. Voluntarie, is that
which is vsed by the consent of
each partie. Necessarie is that,
which the Iudge of his autho­
ritie doth, whether the parties
will or not. It is vsed also for the
act of the ordinarie disposing of
office, the goods and chatels of
one deceased, whose estate no
man will meddle with. Dyer.
fol. 232. num. 5. & fol. 256. num.
8. & fol. 160. nu. 42. & fol. 271.
num. 26. As also in the gathering
of the fruites of a Benefice voide,
to the vse of the next incumbent.
anno 2 8. H. 8. cap. 11. Fortescue
cap. 50. and in diuers other
cases. 

Sequestro habendo , is a writ iu­
diciall for the dissoluing of a se­
questration made by the Bishop,
at the Kings commaundement,
of the fruites of a benefice, there­
by to compell the Parson to ap­
peare at the suite of another: for
the Parson vpon his apparence
may haue this writ, for the re­
lease of the sequestration. Regist.
Iudicial. fol. 36. a. 

Sergeant (seruiens) commeth
of the French (sergeant. i. satel­
les, accensus) a man of the Guard,
a kind of souldier, so called, be­
cause he was sæpè accitus ad res
necessarias in exercitu peragendas.
Calepin. M. Skene de ver. sign. verb.
Seriant , hath these words: Ser­
geant commeth from Sergent:
quæ est vox composita de (Serrer)
quod est, includere, & gent, quod
pro gente, populo vel plebe vsurpa­
tur. Itaque Seriandus dicitur, qui
iussu magistratus, quemlibet de po­
pulo reum criminis in carcerem con­
iicit, seu includit. This word Ser­
geant is diuersly vsed in our law,
and applyed to sundrie offices
and callings. First, a Sergeant at
lawe, (or of the coyse) is the
highest degree taken in that pro­
fession, as a Doctor is in the ciuill
lawe. And to these, as men best
learned, and best experienced of
all others, is there one court se­
uered, to plead in by themselues:
(and that is the Court of com­
mon-plees) where the common









lawe of England is most strictly
obserued. These are made by
the Kings mandat , or writ, dire­
cted vnto them, commaunding
them vpon a great penaltie, to
take vpon them that degree by a
day certaine therein assigned.
D yer fol. 72. num. 1. see Counte.
And of these one is the Kings
Sergeant, being commonly cho­
sen by the King out of the rest,
in respect of his great learning,
to pleade for him in all his
causes: as namely, in causes of
treason. pl. cor. lib. 3. cap. prim.
And of these there may be more
if it so please the King. This is
called in other Kingdomes, Ad­
uocatus Regius. Cassan. de consuet.
Burgund. pag. 850. With what
solemnitie these Sergeants be
created, reade Fortescue, cap. 50.
This word Sergeant seemeth to
be vsed in Britton for an Officer
belonging to the Countie: who,
in his first chapter speaking of
Appeales made before the Co­
roner, hath these words in effect:
And then let the Coroner cause
his appeale to be entred, and the
names of his sureties. And after­
ward let commaundement be
giuen to the Sergeant of the
countrie, where the felonie was
committed, that he haue the
bodie of the persons appealed at
the next Countie. And it is
probable, that this officer was
all one with him, whom Bra­
cton in his fifth booke cap. 4.
num. 2. calleth Seruientem Hun­
dredi : of whome he hath these
words: Post probationem defaltæ,
faciet seruiens Hundredi inconti­
nenti summonitionem, vel affides
partibus diem, si præsentes sint, ad
proximum Comitatum, &c. This is
like to be the same Officer, which
in auncient time was called the
Bayliffe of the Hundred, who (as
is declared in Baylife) had the
like authoritie in his Hundred,
that the shyreeue had in the
Countie, though inferiour to
him, and to be controlled by
him, as appeareth by diuers aun­
cient presidents set downe by
Kitchin in his tractat of Returns
in Court Hundred, Court Baron,
&c. I read also in Bracton lib. 3.
tractat: 2. ca. 28. Of the Kings
Sergeant, who is like to be also
an officer in the County, in these
words: speaking of a woman ra­
uished, and what shee ought to
doe for the persuite of the Ra­
uisher & sic ire debet ad præpositum
Hundredi, & ad seruientem Domini
Regis, & ad coronatores, & ad vice­
comitem, & ad primum comitatum faciat
appellum suum. And againe eod. li: c:
32. in these words : & si sine secta
cognouerit se inde esse latronem co­
ram vicecomite, vel coronætore, vel
seruiente Domini Regis, &c. And
againe lib. 5. tractat : 3. cap. 4. nu.
8. in these words. Quid si seruiens
Domini Regis dederit partibus diem









ad Comitatum, &c. And by Fleta
it seemeth, that this terme was
generall to the Shyreeue, Coro­
ner, and Bayliffes of Counties,
who in his sixth booke. cap: 3. §
1. hath these wordes : Cum quis i­
gitur senserit dominum suum vel cu­
riam suam sibi de recto defecisse, tunc
ostenso hoc vice comiti, statim præci­
piat balliuo Hundredi, vel itineran­
ti, ve lalteri seruienti Regis, quòd
assumptis sibi liberis, & legalibus
hominibus de vicineto illo, ad curi­
am illius domini, si quem habuerit
accedat, &c. And to helpe this
probability, I finde that the ste­
ward of a maner is termed serui­
ons manerii. Coke Vol: 4. Copyhould
cases. fo. 21. a. Then is there a
Sergeant at armes (seruiens ad
arma) whose office is to attend
the person of the King, anno 7 H.
7. ca. 3. to arrest traitours, or
men of worth or reckoning, that
doe, or are like to contemne
messengers of ordinary conditi­
on for other causes, and to at­
tend the Lord high Steward of
England sitting in Iudgement
vpon any Traytour, and such
like : pl: cor. lib. 3. cap. pri : Of
these by the statute anno 1 3. R.
2. cap. 6 there may not be aboue
thirtie in the Realme. This sort is
called del espee. In the custumary
of Nor. ca. 5. which read. There
be also some two of these Serge­
ants of the Parlament, one for
the vpper, another for the lower
house, whose office seemeth to
serue for the keeping of the
doores, and the execution of such
commaundements, especially
touching the apprehension of a­
ny offender, as either house shall
thinke good to inioyne them.
See Cromptons Iurisdictions, fol.
nono. See also Vowels, aliâs
Hookers booke of the order of
the Parl. There is one of these
that belongeth to the Chaunce­
ry, who is also called a Sergeant
of the Mace, as the rest may be,
because they cary Maces by
there office. He of the Chaunce­
ry attendeth the Lord Chaunce­
ler, or Keeper in that court, for
the meanes to call all men into
that court, is either by this officer
or by sub pœna. West. pa. 2. sym. tit.
Chauncery Sect. 17. Then be there
sergeants that be the chiefe offi­
cers in their seuerall functions
within the kings houshould,
which be chiefe in their pla­
ces, of which sort you may
read many named in the statute
anno 33. H. 8. ca. 12. There is
also a more base kinde of serge­
ant of the Mace, whereof there
is a troupe in the City of Lon­
don, and other townes corpo­
rate, that serue the Maior or o­
ther head officer, both for mes­
niall attendance, and mater of
Iustice. Kitehin fol. 143. And
these are called Seruientes ad cla­
uam. New book of Entries. ver. scire









facias: in Mainperners. f. 538. c. 3. 

Sergeantie) Seriantia) com­
meth of the French (Sergeant.
i. satelles) & signifieth in our com­
mon law, a seruice due to the King
from his tenent holding by such ser­
uice. For this seruice cannot be
due to any L. from his Tenent,
but to the King onely. And
this is either grand, or petit, as
you shall find at large set downe
in Chivalrie. Of this also you
may read Bra l. 2. c. 16. & c. 37. n.
5. 4. & Brit. . c. 66. n. 1. & 2. See Ser­
uice. M. Skene de ver signifi. calleth
this Sergeanterie , defining and
diuiding it as we doe in England. 

Servientibus , are certaine writs
touching seruants, and their
Masters violating the statutes
made against their abuses.
which see in the Regist. orig. fol.
189. & 190. & 19 1. 

Service (seruitium) though it
haue a generall signification of
dutie toward them vnto whome
we owe the performance of any
corporall labour, or function:
yet more especially in our
common lawe, it is vsed for
that seruice, which the tenent
by reason of his fee, oweth vn­
to his Lord. And so doth it sig­
nifie among the Feudists also
For Hotoman thus defineth it.
Seruitium est munus obsequii clien­
telaris. verbo Servitium. De ver­
bis feudal. or rather declareth it
so to be defined. lib. feud. 2. titulo
51. §. 8. It is sometime called
seruage, as anno. i. R. 2. cap. 6.
This seruice is either militarie,
and noble, commonly called
Knights seruice: or clownishe &
base, commonly called socage.
of both which reade Chiualry , as
also socage. and Bracton lib. 2.
cap. 16. Seruice is divided by
Britton into personall, and reall.
cap. 66. where he maketh wards,
mariags, homage, Releifs, and
such like, to be reall seruices: per­
sonall, I imagine, may those be
called, that are to be performed
by the person of the Tenent, as
to follow his Lord into warre,
&c. The Ciuilians diuide munera
in this sort, either in personalia ,
or patrimonalia. Then Bracton
vbi supra num. 7. distributeth
seruitium in intrinsecum, & en­
trinsecum alias forinsecum. & me­
dium. Seruitium intrinsecum is that,
which is due to the capitall Lord
of the maner, Forinsecum is that
which is due to the King, and
not to the capitall Lord, but
when he goeth in his owne
person to serue: or when he
hath satisfied the king for all
seruices whatsoeuer. And againe
in the same place he saith, it is
called Fornisecum, quia fit, & ca­
pitur foris, sive extra seruitium,
quod fit Domino capitali. see Fo­
rein seruice. Of this reade him
vbi supra , more at large. and
Fleta, lib. 2. ca. 14. § Continetun.









Seruitia quæ nec intrinseca nec fo­
rinseca sunt, Bract. handleth in the
same chap. n. 8. saying thus: sunt
etiam quædam consuetudines, quæ
nec dicuntur intrinsecæ, nec forinse­
cæ: sed sunt quædam seruitia con­
comitantia, sicut seruitia regalia, &
militaria, & etiam homagia: &
ideo in chartis non sunt exprimen­
da. Quia si homagium præcesserit,
& regale seruitium, sequitur ex­
inde quod ad capitalem Dominum
pertinebit Releuium, & custodia, &
maritagium: siue seruitium sit mi­
litare, vel seriantia propter exer­
citum, &c. Here then Reliefe,
Ward, and Mariage, be those
seruices, which he calleth, nec
intrinseca, nec forinseca, sed con­
comitantia. Seruice is also devi­
ded into frank seruice, and base,
or villenous seruice: the one Bra­
cton , calleth (liberum seruitium)
the other (seruitium villanum) or
(villenagium) lib. 2. cap. 8. nu.
pri. This villenagium is Socage
in base tenure, as to dung the
Lords ground, to serue him so
many daies in haruest, to plash
his hedges, &c. or els copy hould.
All other seruices seeme to be
frank. Seruice consisteth some in
seisance, some in render. Perkins
Reseruations. 6 96. Seruice see­
meth also to be diuided into
continuall, otherwise annu­
all, and casuall, or accidentall. An
example of the former is the sei­
sin of rent, and of the other, sei­
sin of reliefe. Sir Ed. Cookes re­
ports. lib. 4. Bevils case. fol. 9. a. See
Copy hould : See Socage. see
Ayde.

Seruice secular. anno 1. Ed. 4. ca.
1. which may be contrary to spi­
rituall, viz. the seruice diuine
commaunded to spirituall men
by their founders. 

Servitours of bils , seeme to
be such seruants or messengers of
the marishall belonging to the
kings bench, as were sent abroad
with bils, or writs to summon
men to that court, being now
more ordinarily called Tip­
stafs. 

Servitiis acquietandis , is a
writ Iudiciall, that lieth for
one distreined for seruices by
Iohn , which oweth and perfor­
meth to Robert , for the acquitall
of such seruices. Register Iudicial,
fol. 27. a. & 36. b. 

Sessions (Sessiones) signifieth in
our common lawe a sitting of
Iustices in court vpon their
commission: as the sessions of
oyer , and terminer pl. cor. fol. 67.
Quarter sessions, otherwise cal­
led generall sessions. anno 5.
Elizab. cap. 4. or open sessions,
ibidem. Opposite wherevnto are
especiall, otherwise called priuie
sessions, which are procured vp­
on some speciall occasion, for
the more speedie expedition of
Iustice in some cause. Cromptons
Iustice of peace. fol. 110. what









things be inquirable in gene­
rall sessions: see Cromptons Iustice
of peace, fol. 109. Petit sessions, or
statute sessions, are kept by the
high Constable of euery Hun­
dred, for the placing of seruants,
anno 5. Eli. cap. quart. in fine. 

Sessour. anno 2 5. Ed. 3. cap. 6.
 seemeth to signifie so much as
assessing or rating of wages at
this day,this spelling not found in OED

Set clothes, anno. 27. Henric. 8.
cap. 13. not in OED as headword

Setwell, Valeriana , is a medicinal
herb, the nature and diuers kinds
whereof you haue in Gerards
herball, lib. 2. cap. 424. The roote
of this is mentioned among
drugs to be garbled, anno. 1. Ia.
cap. 19. 

Seuerance , is the singling of
two or more, that ioyne in
one writ, or are ioyned in one
writ. For example, if two ioyne
in a writ de libertate probanda ,
and the one afterward be non­
suite, here seuerance is permit­
ted; so that, notwithstanding
the non-suite of the one, the
other may seuerally proceede.
Fitzh. nat. br. fol. 78. I. K. Of this
see Brooke, titulo severance, &
summons. fol. 2 3 8. For it is har­
der to knowe in what cases
seuerance is permitted, then what
it is. There is also seuerance of the
tenents in an Assise, when as
one or two, or more disseisours
appeareth vpon the writ, and
not the other. New booke of
Entries, fo. 81. col. 4. & seuerance
in attaints. eod. fol. 95. col. 2. And
seuerance in debt. verbo. debt. fol.
2 20. col. 1. see the saide booke,
verbo Seuerance. 

Severall taile (tallium separa­
tum) is that whereby land is
giuen and entayled seuerally
to two. For example, land is
giuen to two men, and their
wiues, and to the heires of their
bodies begotten: the Donees
haue ioynt estate for their two
liues, and yet they haue seuerall
inheritance: because the issue of
the one shall haue his moyety,
and the issue of the other, the
other moyetie, Kitchin ibidem. not in OED as headword

Severall tenancie (tenura sepa­
ralis) is a plee, or exception
taken to a writ, that is laide a­
gainst two as ioynt, which are
seuerall, Brooke titulo , Severall te­
nancie, fol. 237. 

Sewantly wouen, an. 35. El. c. 1 0. 

Sewar , hath two significations
with vs, one applied to him that
issueth or commeth in before
the meate of the King, or other
great personage, and placeth it
vpon the table: the other to such
passages, or gutters as carie
water into the sea, or riuer, in
lawyers Latine called Sewera, an.
6. H. 6. c. 5. which is also vsed in
common speach for commi­
ssioners authorised vnder the
broad seale to see draines, and









ditches well kept, and maintai­
ned in the marish and fenne
countries, for the better con­
ueyance of the water into the
sea, and the preseruing of the
grasse for feede of catell. stat.
anno 6. H. 6. cap. 5. It is proba­
ble to bring this word from the
French (issir) or (issue) as if we
should call them (Issuers) because
they giue issue or passage to the
water, &c. And the latine word
(suera) sometime vsed in these
commissions for these draines,
is a competent reason of this
coniecture: see Fitzh. nat. br. in
oyer and terminer. Yet I finde in
an old French booke contei­
ning the officers of the King of
Englands court as it was aunci­
ently gouerned, that he whom
in court we now call Sewer , was
called (Asseour) which may
seeme to come from the French
(Asseour) wherein his office in
setting downe the meat vpon
the table is well expressed. And
Sewer as it signifieth an officer, is
by Fleta latined Assessor: li. 2. ca.
1 5. All which argueth that the
descent of this word is from the
French (Asseoir) as signifiing a
disposing or placing of any
thing, or (as we say in English)
an assessing of any person to­
ward the performance of a
dutie. 

Sexagesima. See Septuagesima.

Shanckes See Furre.

Shares. See  Flotzon.

Shewing , is to be quit of at­
tachment in any court, and be­
fore whom soeuer in plaints
shewed and not avowed. Newe
exposition of law termes. verbo ,
Shewing. See Scauage.

Shipper. anno 1. Iac. ses. 1. ca.
33. is a Dutch word, signifying
the Master of the ship. 

Shire, (Comitatus , Shira) is a
Saxon word, signifying Satra­
pian , of the verbe (scyran. 1.
partiri.) Lamb. in his explicati­
on of Saxon words. verbo Cen­
turia. The word is in vse so
rife, that euery child vnder­
standeth it. Who first thus diui­
ded this land into shires, appea­
reth by M. Camdens Britan. pa.
10 2. in these words. Nec dum
tamen florente Heptarchia, An­
glia ita in Comitatus diuisa, (sic
enim vulgò vocant) sed postea, cum
solus Aluredus rerum potiretur. Vt
enim Germani maiores nostri, te­
ste Tacito, iura per pagos vicosque
reddebant, & centeni ex plebe co­
mites ad rem administrandam ad­
iungebantur: sic ille (vt Ingulfi
Croulandensis verbis vtar) primus
Angliam in Comitatus diuisit, quod
indigenæ rapinas committerent ex­
emplo & colore Danorum. Comi­
tatus porrò in Centurias. i. Hun­
dreds, & Decimas. i. Tythings,
distribui fecit: præcepitque vt omnis
indigena in aliqua esset Centuria,
& Decima. Præfectos etiam pro­









uinciarum, qui antea Vicedomini
vocabantur, in duo officia diuisit, viz
Iudices, nunc Iusticiarios: & Vice­
comites, qui adhuc idem nomen re­
tinent. See the rest. 

Shyreeue (Vicecomes) is com­
pounded of these saxon words
(Scyre . i. satrapia) and (Reue . i.
præfectus) and accordingly he is
the cheife officer vnder the King
of his Shyre, or County. See
Ferme in Lacies nobility: pag. 12.
M. Camden: pag. 104. Thus de­
scribeth his office: Singulis verò
annis, nobilis aliquis ex incolis præfi­
citur, quem vicecomitem, quasi vi­
carium comitis, & nostrâ linguâ
Shiref . i. comitatus præpositum vo­
camus: qui etiam comitatus, vel
prouinciæ Quæstor rectè dici potest
Eius enim est publicas pecunias pro­
uinciæ suæ conquirere, mulctas irro­
gatas, vel pignoribus ablatis collige­
re, & ærario inferre, Indicibus præ­
sto adesse, & eorum mandata exe­
qui, duodecim viros cogere, qui in
causis de facto cognoscunt, & ad
Iudices referunt (Iudices enim apud
nos, iuris solùm, non facti sunt Iudi­
ces) condemnatos ad supplicium du­
cere, & in minoribus litibus cognos­
cere. In maioribus autem ius dicunt
Iusticiarii, quos itinerantes ad Assi­
sas vocant, qui quotannis hos (omi­
tatus bis adeunt, vt de causis cog­
noscant, & de incarceratis sen­
tentiam ferant. Henricus secundus
hos itinerantes instituit, vel potiùs
restituit. Ille (vt inquit Mathæus
Parisiensis) consilio filii sui & Epis­
coporum constituit Iusticiarios per sex
partes regni, in qualibet parte tres,
qui iurarent quod cuilibet ius suum
conseruarent illæsum. Of the anti­
quitie and authoritie of this of­
ficer, reade Sir Edward Cookes
Reports. lib. 4. Mittons case The
maner of appointing these Shy­
reeues in Henry the sixt his
dayes, see in Fortescue. cap. 24.
fol. 53. b. The name Vicecomes
commeth from the Normans,
as Shyreeue commeth from the
Saxons. For in the fifth Chapter
of the Grand Custumarie, you
haue (viconte) which the Latine
Interpreter turneth (vicecomitem)
whose office you shall find in
that Chapter to be very like
vnto ours. The forme of the
Shyreeues oath see in the Regi­
ster origin. fol. 301. b. Of this
reade M. Skene de verbor. signif.
verbo Shyreeue : where he largely
describeth the office of the Shy­
reeue in Scotland , in a discourse
woorth the reading. 

Shyreeue weke of Winchester and
of Essex. anno 21. R. 2. cap. 10.
& 11. 

Shire Clerke , seemeth to bee
the Vndershyreeue. anno 11. H.
7. cap. 1 5. It is vsed sometime
for a Clerk in the County court,
deputie to the Vndershyreeue.
See Sir Edward Cookes 4. booke
of Reports in Mittons case. 

Shire moote , see Turne.









Shorling, and Morling seeme
to be words to distinguish fels
of sheepe: as if shorling should
signifie the fels after the fleeces
be shorne off the sheepes backe,
and morling the fels fleane off af­
ter they be killed or dye alone.
anno 3. Ed. 4. cap. prim. & anno
4. eiusdem, cap. 3. & anno 1 2. eius.
cap. 5. & anno 14. eiusdem, cap.
3. 

Shot commeth of the Saxon
word, sceate , signifying pecuniam
aut vectigal. Lamberds explication
of saxon words, verbo Primi­
tiæ. 

Shrof metall. 

Sicut aliâs , is a writ sent out in
the second place, whereas the
first sped not. Coke libro quart.
folio 5 5. b. It is so called of
these words expressed in it. For
example. Iacobus dei gratia, &c.
vicecomiti Kan: salutem : Præcipi­
mus tibi (sicut alias præcepimus)
quod non omittas propter aliquam li­
bertatem in Balliua tua, quin eam
ingrediaris, & capias. A. B. de C.
in comitatu tuo Labourer , &c. as in
the first capias. Lamb : in his tra­
ctat of processes in the end of his
Eirenarcha. 

Sidemen aliâs Quest men , be
those that are yearely chosen ac­
cording to the custome of euery
parish, to assist the church war­
dens in the inquiry and presen­
ting such offenders to the Ordi­
nary, as are punishable in the
Court Cristian. 

Significauit , is the writ de ex­
communicato capiendo , which issu­
eth out of the Chauncery vpon
a certificate giuen by an Ordina­
ry of a man that standeth obsti­
nately excommunicate by the
space of fourty daies, for the
laying him vp in prison without
bayle, or mainprise, vntill he
submit himselfe to the authority
of the church. And it is so cal­
led, because of the word (signifi­
cauit) mentioned in the writ (De
excommunicato capiendo) which haue
relation to the certificate, sent
into the Chauncery by the Ec­
clesiasticall Iudge. There is also
another writ in the Register orig.
of this name, fo: 7. a. directed to
the Iustices of the bench, wil­
ling them to stay any suite de­
pending betweene such and
such, by reason of any excom­
munication alledged against the
plaintiffe: because the sentence
of the Ordinarie that did ex­
communicate him, is appealed
from, and the appeale yet han­
geth vndecided. Which see: and
see Fitz. nat. br. De excommuni­
cato capiendo. fol. 62. N. but espe­
cially 66. A. where you may
find writs of this name in other
cases. 

Sine assensu capituli , is a writ that
lyeth in case where a Deane, Bi­
shop, Prebendarie, Abbot, Prior
or Master of Hospitall, alieneth









the land held in the right of his
house, without the consent of
the Chapter, Couent, or Frater­
nitie. For in this case his suc­
cessor shall haue this writ. Fitzh.
nat. br. fol. 1 9 5. 

Si non omnes , is a writ of as­
sociation, whereby if all in com­
mission cannot meete at the day
assigned, it is permitted, that
two or more of them may
finish the businesse. See Asso­
ciation. And Fitz. nat. br. fol. 18 5.
& 1 1 1. C. and Register origin.
fol. 202. 206. & 124. 

Si recognoscant , is a writ that
lyeth for a Creditour against
his depter for money num­
bred, that hath before the
shyreeue in the Countie court,
acknowledged himselfe to owe
vnto his creditor such a summe
receiued of him in numeratis
pecuniis. The forme of the writ
is this: Rex Vicecomiti salutem.
Præc. tibi quod si A. recognoscat se
debere R. 40. solid. sine vlteriori di­
latione, tunc ipsum distringas ad
prædictum debitum eidene R. sine di­
latione reddendum. Teste, &c.
Old nat. br. fol. 68. 

Skawe. anno 4. Ed. 4. cap. 1. 

Skyvinage. anno 2 7. H. 6. cap.
2. a proper name, signifying
the precincts of Caleis. 

Sluse (exclusa) is a frame to
keepe, or let water out of a
grounde. 

Soc (Soca) is a word signi­
fiing a power, or libertie of
Iurisdiction, as appeareth by
these words out of Bracton ,
Sunt quidam Barones, & alii liber­
tatem habentes, sc: soc, & sac, Tol
& Thean , Infangthefe, & Vt­
fangthefe, & isti possunt iudicare
in Curia sua, eum qui inuentus fue­
rit infra libertatem suam seisitus
de aliquo latrocinio manifesto & li.
3. tractat. 2. cap. 8. In the lawes
of King Edward set out by
M. Lamberd, fol. 1 32. you haue
these words : Socha est quod si
aliquis quærit aliquid in terra sua,
etiam furtum, sua est Iusticia,
si inuentum fuerit, an non. Saxon
in the description of Britany, cap.
11. saith, that Sock is a suite of
Court and that thereof com­
meth Soken. But the significati­
on of the word (as I haue bene
credibly informed) is as much as
Inquisitio which we in moderne
English, terme (seeking) Of this
(Sok) Skene de verborum signific.
speaketh to this effect. Sok is
an ould word vsed in Charters
and feofments, which in sundry
old bookes conteining the
municipiall law of this Realme,
is called Secta de hominibus suis
in curia, secundum consuetudinem
Regni. So after my opinion he
that is infeoffed with Sok (which
now we call Soit (but we in Eng­
land Suite) hath power to
hould courts within his owne
Baronie, in which, homines sui









should giue Soyt. Thus farre
M. Skene. Of this Fleta hath
these words. In huiusmodi verò
maneriis (speaking of the Kings
maners) erant olim liberi homines
liberè tenentes, quorum quidam
cum per potentiores è tenementis
suis eiecti fuerant, & eadem post­
modum in villenagium tenenda re­
sumpserunt: & quia huiusmodi tenen­
tes cultores Regis esse dinoscuntur,
eis provisa fuit quies ne sectas face­
rent ad comitatus vel hundredos,
vel ad aliquas inquisitiones, assisas
vel iuratas, nisi in manerio tantùm,
dum tamen pro terra, quorum con­
gregationem tunc socam appella­
runt. & hinc est quòd Socmanni
hodie dicuntur esse. A soco enim de­
riuantur, quorum tenementa sunt
villenagium domini privilegiatum,
& ideo dicuntur glebæ ascriptitii, eo
quòd ab huiusmodi glebis amoueri
non deberent, quam diu soluerent de­
bitas pensiones: nec compelli poterunt
ad huiusmodi tenementa tenenda,
contra suas voluntates, eo quòd cor­
pora sua sunt libera. Nec obstabit
longa seruitutis possessio ad libertatem
extinguendam, quamuis ad mer­
chetum sanguinis sui compulsus
fuerit quis pro tenemento reddendo.
Nulla enim servitus ratione præ­
scriptionis temporis potest liberum
sangumem in seruitute reducere, non
magis quam liberum tenementum
potest servum in libertatem, &c.
By whose words it appeareth,
that Soca is nothing else, but
the meeting or assembly of
these kinde of tenents in any
place within the maner or liber­
tie: wherefore he that hath soc
may seeme to haue such a ma­
ner, such tenents, and such a
libertie belonging to his maner
and tenents, as is here described.
Here you see diuersities of opi­
nions touching this word, one
saying that it is a power or li­
bertie to seeke after theeues
& stollen goods within a maner
or fee, and to doe iustice vpon
such inquisition, others that it
is a libertie onely to haue sui­
ters to his court. other (as Fleta ,
that it conteineth both the
former significations, and surder
that it is taken for the company
of tenents which liue within
such a liberty; and are exen­
pled stom those common ser­
uices of the Prince and coun­
try wherunto subiects are or­
dinarily tied. This kinde of li­
berty is in diuers places et this
day in England, and com­
monly knowne by the name
of soke or soken. See Soke and
Sockmans.

Soccage (soccagium) commeth
of the French (Soc. i. vomer , a
plowshate or coulter). It sig­
nifieth in our common lawe a
tenure of lands by or for cer­
taine inferiour, or husbandly
seruices to be performed to the
Lord of the fee. See Instituts of









common lawe. 31. As I haue shew­
ed in (Chivalrie), all seruices
due for land, is either knights
seruice, or socage. So then, what­
soeuer is not knights seruice, is
soccage: Bracton in his 2. booke
cap. 35. num. primo. describeth it
thus. Dici poterit soccagium à Soc­
co, & inde tenentes qui tenent in
Sockagio , Sockmanni dici poterunt,
eo quòd deputati sunt, vt vide­
tur, tantummodo ad culturam, &
quorum custodia, & maritagia ad
propinquiores parentes iure sangui­
nis pertinebit. Et si aliquando in­
de de facto capiatur homagium,
quòd pluries contingit, non tamen
habebit propter hoc Dominus capi­
talis custodiam, & maritagium.
Quia non semper sequitur homagi­
um, licet aliquando sequatur. M.
Skene de verborum significatione.
verb. Sockmanria , saith, that Soc­
kage is a kinde of holding of
lands, when a man is infeoffed
freely without any seruice,
ward, releife, or mariage,
and paieth to his Lord such
dutie, as is called petit serge­
antie, or when one holdeth
land in the name of burgage, or
in libera elemozina , or otherwise
in blenche ferme, siue nomine albæ
firmæ, & opponitur militi, qui tenet
per seruitium militare. Out of the
place aboue named in Bracton ,
you may finde a diuision of
Soccage, wherby it is termed
either Soccagium liberum , or villa­
num. frank or free Soccage,
and base, otherwise called
villenage. The former is there
thus defined. Soccagium liberum
est, vbi fit seruitium in denariis
Dominis capitalibus, & nihil inde
omnino datur ad scutum & seruiti­
um Regis. Where I gather that
to be free soccage which paieth
a certaine summe of money
to the cheife Lord in regard
of some tillage, or such like,
and not of any Sergeantie, or
eschuage. And to this effect he
writeth also, lib. 2. cap. 16. nu. 9.
&c. vnde si tantum in denariis &
sine scutagio vel seriantiis, vel si
ad duo teneatur sub disiunctione, se:
ad certam rem dandam pro omni
seruitio, vel aliquam summam in
denariis, id tenementum potest dici
Soccagium: si autem superaddas
Scutagium, aut servitium regale,
licet ad vnum obulum vel serian­
tiam, illud poterit dici feudum mi­
litare. This free Soccage, is also
called common Socage, anno
37. H. 8. cap. 20. Soccage in base
tenure, or villanum Soccagium ,
is diuided againe in villanum
Soccagium, & purum villenagium:
Villanum Soccagium est illud, de
quo fit certum seruitium, idque
ratione sui tenementi, non personæsuæ.
Purum villenagium est illud, in
quo præstatur seruitium incertum, &
indeterminatum, vbi sciri non poterit
vespere, quale seruitium fieri debet
mane. viz. vbi quis facere tenetur









quicquid ei præceptum fuerit. Bra­
cton lib. 2. cap. 8. num. 3. The old.
nat. br. fol. 94. maketh three
parts of this diuision. viz. Soc­
cage of free tenure, Soccage of
auncient tenure, and soccage of
base tenure. soccage of free
tenure is (as the booke saith)
where a man holdeth by free
seruice of 12. pence by yeare,
for all maner of seruices, or by
other seruices yearely. Soccage
of auncient tenure is of land
of auncient Demesn , where no
writ originall shall be siewed,
but the writ of Right, that is
called secundum consuetudinem
manerii. Soccage of base tenure
is of those that hould in Soc­
cage, and may haue none other
writ, but the Monstraverunt :
and such Sockmen hould not by
certaine Seruice. And for that
are they not free Sockmen. Then
againe Soccage is diuided into
soccage in cheife, and common
soccage. Soccage in cheife or
in capite , is that which holdeth
of the King, as of his Crowne.
Prærog. fol. 41. Common Soc­
cage is that, which holdeth of
any other capitall Lord, or of
the King by reason of some
honour or maner. Ibidem. Bur­
gage is also a kinde of Soc­
cage, See Burgage.

Sockmans (Sockmanni) are such
tenents as hould their lands, and
tenements by Soccage tenure.
And accordingly as you haue
3. kinds of Soccage, soe be there
3. sorts of sockmans. as sock­
mans of frank tenure. Kitchin, fol.
8 1. sockmans of auncient De­
mesn ould nat. br. fol. 11. and
Sockmans of base tenure. Kit­
chin vbi supra. But the tenents in
auncient Demesn, seeme most
properly to be called Sockmans,
Fitzh. na br. f. 14. B. Brit. c. 66. n. 2. 

Soke, anno 32. H. 8. cap. 15. &
cap. 29. Of this Fleta saith thus
Soke significat libertatem curiæ
tenentium. quam socam appellamus.
lib. 1. cap. 47. § Soke. See Roger
Houeden, parte poster. suorum anna­
lium. fol. 345. b. and. See Soc. 

Soken (Soca) see Soc. and
Hamsoken. Soken is latined Soca
Register originall, fol. 1. a. 

Sokereue seemeth to be the
Lords rent-gatherer in the Soke,
or Soken, Fleta, lib. 2. cap. 55. in
principio. 

Sole tenent (Solus tenens) is he
or shee which holdeth onely
in his or her owne right with­
out any other ioyned. For ex­
ample, if a man and his wife
hould land for their liues, the
remainder to their son: here the
man dying, the Lord shall not
haue Heriot, because he dieth
not sole tenent Kitchin, fol. 134. 

Solicitour (Solicitator) com­
meth of the French (Soliciteur)
It signifieth in our common law,
a man imploied to folow suites









ding in law, for the beter re­
membrance and more ease of
Atturnies, who commonly are
so full of clients and busines,
that they cannot so often at­
tend the seriants and counsel­
lers as the case may require. 

Solet & Debet. See  Debet &
solet.Solet not found as headword in OED

Soldata terræ. see  Farding deale
of land.

Sollace, anno 43. Elizabeth.
cap. 10. 

Sommons, aliâs summons (sum­
monitio) commeth of the French
(semondre . i. vocare) It signifieth
in our common law, as much as
(vocatio in ius) or (citatio) among
the Ciuilians. And thence is our
word (somner) which in French
is (semonneur . i. vocator, monitor)
The Custumary of Normandie
for our (sommons hath (semonse)
ca. 6 1. summons of the Exchequer
anno 3. Ed. pri: ca. 1 9. & anno
10. eiusdem, cap. 9. How sum­
mons is diuided, and what cir­
cumstances it hath to be obser­
ued. See Fleta, lib. 6. cap. 6. 7. 

Solutione feodi militis Parla­
menti , and solutione feodi Burgen.
Parlamenti , be writs whereby
Knights of the Parlament may
recouer their allowance, if it be
denyed, anno 35. H. 8. ca. 11. 

Sontage. Stow. pag. 2 8 4. is a
taske of fourty shillings laid vp­
on euery Knights fee. 

Sorting Kerseies.  3. Iacobi: ca:
16. 

Sothale , is a kinde of inter­
tainment made by Bayliffes to
those of their Hundreds for their
gaine. Which sometime is called
Filctale. Of this Bracton lib. 3.
tracta: 2. cap. pri. hath these
words: De Balliuis, qui faciunt
ceruisias suas. quas quandoque vocant
(sothale) quandoque (Filctale) vt pe­
cunias extorqueant ab eis qui sequn­
tur Hundreda sua, & Baliuas suas,
&c. I thinke this should rather
be written Scotale. See  Scotale.

Southvicont (Subvicecomes) is
the vnder Shyreeue. Cromptone
Iurisdict: fol: 5. 

Sowne , is a verb neuter, pro­
perly belonging to the Exche­
quer, as a word of their art, signi­
fiing so much, as to be leuiable,
or possible to be gathered or
collected. For example, estreats
that sowne not, are such as the
Shyreeue by his industry can­
not get, and estreats that sowne,
are such as he can gather, anno 4.
H. 5. ca. 2. 

Speaker of the Parlament , is an
officer in that high Court, that is
as it were the common mouth
of the rest: and as that honoura­
ble assembly consisteth of two
houses, one called the higher or
vpper house, consisting of the
King, the nobility, and Kings
councell, especially appointed
for the same, the other termed
the lower or commonhouse,









containing the Knights of the
Shires, the citizens, barons of
the cinque ports, and the burge­
ses of borough townes: so be
there also two speakers, one ter­
med the Lord speaker of the
higher house, who is most
commonly the Lord Chaunce­
ler of England, or Lord Keeper
of the great seale: the other is
called the speaker of the lower
house. And the duties of these
two you haue perticularly de­
scribed in M. Vowels, aliâs Hoo­
kers booke, intituled The order
and vsage of keeping the Parla­
ment. 

Speciall mater in euidence. See
Generall issue. And Brooke. titulo
Generall issue, and speciall euidence. 

Spiritualties of a Bishop (spiritua­
lia Episcopi) be those profits
which he receiueth, as he is a
Bishop, and not as he is a Baron
of the Parlament. Stawnf. pl. cor.
fol. 132. The particulars of these
may be the duties of his Visi­
tation, his benefite growing
from ordering and instituting
Priests, prestation money, that
subsidium charitatiuum , which vp­
pon reasonable cause he may
require of his Clergie. Iohannes
Gregorius de Beneficiis. cap. 6. num.
9. and the Benefite of his Iu­
risdiction. Ioachimus Stephanus de
Iurisd. lib. 4. cap. 14. num. 1 4.
for these reckoneth exactionem
Cathedratici, quartam Decima­
rum, & mortuariorum, & oblatio­
num pensitationem, subsidium chari­
tatiuum, celebrationem synodi, col­
lationem viatici vel commeatus,
cùm Episcopus Romam proficiscitur,
ius hospitii, Litantam & Processi­
onem. 

Spikenard (spica nardi, vel nar­
dus) is a medicinall herbe,
whereof you may for your
farder instruction reade Gerards
Herball. lib. 2. cap. 425. The
fruite or eare of this (for it brin­
geth forth an eare like La­
uender) is a drugge garbleable,
anno 1. Iacob. cap. 19. 

Spoliation (spoliatio) is a writ,
that lyeth for an incumbent,
against another incumbent, in
case where the right of patro­
nage commeth not in debate.
As if a Parson bee made a
Bishop, and hath dispensation to
keepe his Rectorie, and after­
ward the patron present ano­
ther to the Church, which is
instituted and inducted: The Bi­
shop shall haue against this in­
cumbent a writ of spoliation in
Court Christian. Fitz. nat. br. fol.
36. see Beneuolence.

Squalley. anno 4 3. Elizab. cap.
10. 

Squyers. See  Esquires.

Stablestand , is one of the foure
Euidences, or presumptions
whereby a man is convinced
to intend the stealing of the
Kings Deere in the Forest.









Manwood. parte 2 of his Forest
lawes. cap. 18. num. 9. the o­
ther three be these Dogdrawe,
Backbeare, Bloudie-hand. And this
Stablestand , is when a man is
found at his standing in the Fo­
rest, with a Crosse bowe bent,
ready to shoote at any Deere,
or with a long bowe, or else
standing close by a tree with
Greyhounds in a lease, ready
to slippe, Idem, eodem. 

Stalkers , a kind of net. anno 13
R. 2. stat. 1. cap. 20. & anno 17.
eiusdem, cap. 9. 

Stallage (stallagium) commeth
of the French (Estaller. i. mer­
ces exponere, expedire, explicare.)
It signifieth in our common law,
money payed for pitching of
stalles in Faire or Market. See
Scavage. This in Scotland is
called stallange. Skene de verbor.
signif. verbo Stallangiatores. And
among the Romaines it was ter­
med (Siliquaticum) à siliqua, primo
& minimo omnium pondere apud il­
lam nationem. 

Stannaries (stannaria) com­
meth of the Latine (stannum.) i.
tynne , signifying the Mines and
workes touching the getting,
and purifying of this mettall
in Cornewall , and other places.
Of this read Camden. Britan. pa.
119. The liberties of the stanna­
rie men graunted by Ed. 1. be­
fore they were abridged by the
statute, anno 50. Ed. 3. see in
Plowden. casu Mines. fol. 327.
a. b. 

Staple (Stapulum) signifieth
this or that towne, or citie, whe­
ther the Merchants of England
by common order, or comman­
dement, did carie their wolles,
wol-fels, cloathes, lead, and
tinne, and such like commo­
dities of our land for the vtte­
rance of them by the great. The
word may probably be inter­
preted two wayes: one taking
it from (staple) which in the
Saxon or old English language,
signifieth the stay or hold of any
thing. Lamb. in his duties of
Constables. num. 4. because the
place is certaine, and setled: and
againe, from the French (estape.
i. forum vinarium) because to
those places, whether our En­
glish Merchants brought their
commodities, the French would
also meete them with theirs,
which most of all consisteth in
wines: but I thinke this latter
the truer because I finde in the
Mirrour of the world written in
French these words. A Calais y
auoit Estape de le laine, &c. Which
is as much to say, as the staple
for wols, &c. You may read of
many places appointed for this
staple in the statutes of the land,
according as the Prince by his
Councell thought good to alter
them, from the second yeare of
Ed: 3. cap. 9. to the fifth of Edw :









the sixth. cap. 7. what officers
the staples had belonging to
them you may see anno 27. Ed. 3.
stat. 2. ca. 2 1. 

Starre chamber (Camera stella­
ta) is a Chamber at Westminster
so called (as Sir Tho. Smith con­
iectureth lib. 2. cap. 4.) either
because it is full of windowes, or
because at the first all the roofe
thereof was decked with Ima­
ges of guilded starres. And the
later reason I take to be the trew­
er, because anno 25. H. 8. ca. 1.
It is written the Sterred Cham­
ber. In this Chamber euery
weeke twice during the terme,
and the very next day after
terme, is there a Court held by
the Lord Chaunceler or Keeper,
and other honourable persona­
ges of the Realme. This Court
seemeth to haue taken begin­
ning from the statute anno 3. H :
7. ca. pri. Whereby it is ordain­
ed, that the Lord Chaunceler
and Treasurer of England for the
time being, and the Keeper of
the Kings priuy seale, or two of
them, calling to them a Bishop,
and a temporall Lord of the
Kings most honourable Coun­
cell, and the two cheife Iustices
of the Kings Bench, and com­
mon place, for the time being,
or other two Iustices in their ab­
sence, should haue power to call
before them, and punish such
misdoers, as there be mentio­
ned. The faults that they punish,
be Routes, Riots , Forgeries, Main­
tenances, Embraceries , Periuries ,
and such other Misdemeanures as
are not sufficiently prouided for
by the common law. It appea­
reth both by Sir Tho: Smith lib.
2. de Rep: Anglo: cap. 4. and by
experience also, that at this day,
the whole number of the Prin­
ces most honourable priuy
Councell, and such other Barons
spirituall, or temporall as be cal­
led thither by the Prince, haue
place in this Court with those
aboue named. Of this Court
thus speaketh M. Gwin in the
preface to his readings: It ap­
peareth in our bookes of the
termes of K. Edward 4. And of
the report of cases hapning vn­
der the vsurpation of Richard
the third that sometime the
King and his Councell, and
sometime the Lord Chaunceler,
and other great personages, did
vse to sit iudicially in the place
then and yet called the Starre
Chamber. But for as much as be­
like that assembly was not ordi­
nary, therefore the next Kings,
Henry the seuenth, and his sonne.
H. 8. tooke order by two seue­
rall lawes. viz. 3. H. 7. ca. pri. &
21. H. 8. ca. 2. That the Chaun­
celer assisted with others there
named, should haue power to
heare complaints against Retai­
nours, Embraceours, misdeme­









nures of officers, and such other
offences, which through the
power and countenance of such
as do commit them, do lift
vp the head aboue other faults:
and for the which inferiour
Iudges are not so meete to giue
correction. And because that
place was before dedicated
to the like seruice, it hath bene
euer since also accordingly v­
sed. Touching the officers be­
longing to this Court, see Cam­
den. pag. 1/2. & 1/3. 

Statute, (statutum) hath di­
uers significations in our com­
mon lawe. First, it signifieth a
Decree or act of Parlament ,
made by the Prince and three
estates, which is the bodie of
the whole Realme. And though
it borow the name from that
kind of Decree, which those
cities, that were vnder the Ro­
maine Empire, made for the
particular gouernment of them­
selues, ouer and aboue the vni­
uersall or common lawe of the
Empire: yet in nature it com­
meth nearest to that which
the Romaines called (legem)
for that, as that was made by
the whole people noble and
ignoble: so this is ordeined
by those, that represent the
whole number, both of prince,
and subiects, one and other,
through the whole kingdome.
The difference neuerthelesse was
this, that Lex was offered to the
consideration of the people by
the Magistrate of the Senate, or
Consull: but the bils or sug­
gestions whence our statutes
spring, are offered by any of ei­
ther house, and so either passed
or reiected. In this signification
a statute is either generall or spe­
ciall. Coke lib. 4. Hollands case,
fol. 7 6. a. 

Statute , in another significa­
tion is a short speach taken for
a bond; as statute Marchant, or
statute staple. anno 5. H. 4. cap. 12.
The reason of which name is,
because these bonds are made
according to the forme of sta­
tuts expressely, and particularly
prouided for the same; which
direct both before what per­
sons, and in what maner they
ought to be made. West. parte
pri. symbol. li. 2. sect. 151. where
he defineth a statute Merchant
thus. A statute Merchant is a
bond acknowledged before one
of the Clerks of the statutes
Merchant, and Maior or chiefe
Warden of the citie of London,
or two Merchants of the said
citie for that purpose assigned,
or before the Maior, cheife
Warden, or Master of other Ci­
ties or good townes, or other
sufficient men for that purpose
appointed, sealed with the seale
of the Depter, and of the King,
which is of two peeces, the









greater is keept by the saide Mai­
or, cheife Warden, & c. and the
lesser peece thereof by the saide
Clerks. The form of which bond,
you may see in Fleta. lib. 2. c. 64.
§. 2. to be such; Noverint vni­
uersi me. N. de tali comitatu tene­
ri. N. in 10. marcis soluendis ei­
dem ad festum Pent. anno regni
Regis, &c. & nisi fecero, concedo
quòd currant super me & hæredes
meos districtio, & pœna provisa in
statuto domini Regis edito apud
Westm. Datum London, tali die, an.
supra dicto. The fee for the
same seale, is for statutes know­
ledged in Faires. for euery pound
an halfepeny, and out of faires
a farding. The execution vpon
statute Merchant, is first to
take the bodie of the Deptor,
if he be lay, and can be found:
if otherwise, then vpon his
lands, and goods: The bound is
founded vpon the statute, anno
13. Ed. pri. statut. 4. Of this also
as of the statute Staple, see the
newe booke of Entries. verbo.
Statut Merchant. and reade in
Fleta vbi supra , more touching
this mater worth the reading. 

Statute staple (to vse the very
words of M. West.) is either
properly so called, or impro­
perly, A statute staple pro­
perly so called is a bond
of Record knowledged before
the Maior of the Staple, in the
presence of one of the two
constables of the same staple,
for which seale the fee is of eue­
ry pound, if the summe exceed
not a 100. pound, an halfepeny, &
if it exceed an 100. pound, of euery
pound a farding. And by ver­
tue of such statute Staple, the
Creditor may forthwith haue
execution of the body, lands &
goods of the Depter. and this
is founded vpon the statute anno
2 7. Ed. 3. cap. 9. A Statute Sta­
ple improper, is a bond of
Record, founded vpon the sta­
tute anno 23. H. 8. cap 6. of the
nature of a proper statute sta­
ple, as touching the force, and
execution thereof, and know­
ledged before one of the chiefe
Iustices, and in their absence
before the Maior of the staple,
and Recorder of London. The
formes of all these bonds, or
statutes, see in West. parte pri.
simbol. li. 2. sect. 1 52. 153. 154.
1 55. Statutes is also vsed in our
vulgar talke, for the petit sessi­
ons, which are yearely kept for
the disposing of seruants in
seruice, by the statute, anno
5. Eliz. cap. 4. see Recognisance.

Statute sessions , otherwise cal­
led petit sessions, are a meeting
in euery hundred of all the
shires in England, where of cu­
stome they haue beene vsed, vn­
to the which the constables doe
repaire, and others both hous­
holders and seruants, for the









debating of differences between
masters and their seruants, the
rating of seruants wages, and
the bestowing of such people in
seruice, as being fit to serue,
either refuse to seeke, or cannot
get Masters, anno 5. Eliz. cap. 4. 

Statuto stapulæ , is a writ that
lieth to take his body to prison,
and to seise vpon his lands
and goods, that hath forfeited
a bond, called statut staple. Re­
gister orig. fol. 151. a. 

Statutum de laborariis , is a writ
Iudiciall for the apprehending
of such laborers, as refuse to
worke according to the statut.
Register Iudicia ll. fol. 2 7. b. 

Statuto Mercaterio , is a writ
for the imprisoning of him, that
hath forfeited a bond called the
statut Merchant, vntill the dept
be satisfied. Register orig. fol.
146. b. and of these there is one
against lay persons, vbi supra.
and another against Ecclesia­
sticall. 148. 

Stavisaker, staphis agria, vel
herba pedicularis , is a medicina­
ble herb, the kinde and vertues
whereof, you haue set forth in
Gerards herball, lib. 1. cap. 130.
The seede of this is mentioned
among drugs to be garbled,
anno prim. Iacob cap. 19. 

Stennerie , is vsed for the same
that Stannaries be, in the statute
anno 4. H. 8. cap. 8. see Stanna­
ries. 

Sterling (Sterlingum) is a pro­
per epitheton for money cur­
rent within the Realme. The
name groweth from this, that
there was a certain pure coyne,
stamped first of all by the Ea­
sterlings here in England. Stowes
Annalls. pag. 312. The which I
rather beleeue, because in cer­
taine old monuments of our
English, and broken French,
I finde it written Esterling so
Ro. Hoveden writeth it. parte po­
ster. annalium. fol. 377. b. M.
Skene de verborum signif. verbo.
Sterlingus , saith thus: sterling is
a kinde of weight conteining
32. cornes, or graines of wheat.
And in the Canon law mention
is made of fiue shillings sterling,
and of a merke starling. cap. 3. de
arbitris. &. c. constituit. 12. de procu­
rator : And the sterling peny is soe
called, because it waighes so
many graines, as I haue sundry
times proued by experience.
And by the law of England the
peny which is called the sterling
round and without clipping
wayeth 32. graines of wheat
without tailes, whereof 20. make
an ounce, and 12. ounces a
pound, and eight pound maketh
a gallon of wine, and eight gal­
lons make a bushell of London,
which is the eight part of a
quarter. Hitherto M. Skene. Bu­
chanan. lib. 601 faith, that the
common people thinke it so









termed, of sterling a towne in
Scotland. Our Lyndwood saith
that it is called sterling of the
bird which we call a sterling
which as he noteth, was ingra­
uen in one quarter of the coine
so termed. cap. Item quia. de te­
stamentis. verbo. Centum solidos. in
glos. 

Stewes , are those places, which
were permitted in England to
women of professed incontinen­
cie, for the profer of their
bodies to all commers: It is
deriued from the French (Estu­
ves. i. therma, vaporarium, Bal­
neum) because wantous are
wont to prepare themselues, to
these venerous acts, by bathing
themselues. And that this is not,
newe, Homer sheweth in the
8. booke of his Odiss. where
he reckoneth hot bathes among
the effeminate sort of pleasures,
Of these stewes see the statute
anno 11. Henric. 6. cap. pri. 

Steward. See Seneschall and
Stuward , Steward of the Kings
house anno 25. Ed. 3. statute. 5.
ca. 21. 

Stillyard (Guilda Theutonico­
rum anno 22. H. 8. ca. 8. & anno
32. eiusdem ca. 14.) is a place in
L ondon , where the fraternity of
the Easterling Merchants , other­
wise the Merchants of Hawnse
and Almaine. anno pri: Ed. 6. cap.
13. Are wont to haue their a­
boade. see Geld. It is so called
of a broad place, or courte,
wherein steele was much sould.
vpon the which that house is
now founded. Nathan Chitræus.
See Hawnse.

Stone of woll. (Petra lanæ) see
weights. See Sarpler. It ought to
weigh fourteene pounds, yet in
some places by custome it is
more. See Cromptons Iustice of
peace. fol. 83. b. 

Straife alias Stray. See Estrie.

Straites anno 18. H. 6. ca. 16. 

Streme workes , is a kinde of
worke in the Stannaries : for (saith
M. Camden titulo Cornwall pag.
119.) Horum Stannariorum siue
metallicorum operum duo sunt gene­
ra: Alterum Lode-works, alterum
streme-works vocant. Hoc in locis
inferioribus est cùm Fossis agendis
stanni venas sectantur & fluuiorum
alueos subinde deflectunt: illud in lo­
cis æditioribus, cùm in montibus pu­
teos, quos Shafts vocant in mag­
nam altitudinem defodiunt, & cuni­
culos agunt. These you may read
mentioned anno 27. H. 8. ca. 23. not found in OED as headword

Stirks. 

Strip. See  Estreapement.

Stuard, alias steward (senescal­
lus) seemeth to be compounded
of Steede and ward , and is a word
of many applications: yet alway
signifieth an officer of cheife ac­
coumpte within the place of his
sway. The greatest of these is the
Lord high Steward of England,
whose power (if those antiqui­









ties be true which I haue read)
is next to the kings, and of that
heighth, that it might in some
sort match the Ephori amongst
the Lacedemonians. The custome
of our commonwealth hath vp­
pon great consideration and po­
licie brought it to passe, that this
high Officer is not appointed for
any long time, but onely for the
dispatch of some especiall busi­
nesse, at the arraignment of some
Noble man in the case of trea­
son, or such like: which once en­
ded, his commission expireth. Of
the high Steward of Englands
Court, you may reade Cromptons
Iurisdiction. fol. 82.

I haue reade in an auncient
manuscript of what credit, I
know not, that this officer was
of so great power in auncient
times, that if any one had sought
iustice in the Kings Court and
not found it, he might vpon
complaint thereof made vnto
him, take those petitions, and re­
seruing them to the next Parla­
ment, cause them there to bee
proponuded, and not onely so,
but also in the presence of the
King openly to rebuke the
Chaunceler, or any other Iudge,
or officer whom he found defe­
ctiue in yeelding iustice. And if
in case the Iudge, or officer so
reprehended, did alledge, that
his defect grew from the difficul­
tie of the case, infomuch as
he durst not aduenture vpon it:
then the case being shewed, and
so found, the Lord steward to­
gether with the Constable of
England there in the presence
of the King and Parlament,
might elect 25. persons, or
more, or fewer, according to
their discretion, and the case
or cases in question, some
Earles, some Barons, some
Knights, some Citizens and Bur­
gesses, which vpon deliberation
should fet downe, what they
thought iust and equal: and their
decree being read and allowed
by Parlament, did stand as a law
for euer: fardermore, if the
Chaunceler or other Iudge or
officer, could not well approue,
that the delay of iustice com­
plained of, grew from iust diffi­
cultie, by reason that the case in
question was formerly determi­
ned by lawe or statute: then
might the steward on the Kings
behalfe, admonish him of his
negligence and will him to be
more carefull and studious. Or
if there appeared malice, or cor­
ruption, then the King and Par­
lament was wont to remoue him
and assigne another of better
hope to the place. Lastly, if the
king had about him any such e­
uill Counceller, as aduised him
to things vniust, or vnanswera­
ble to his Maiestie, as tending
either to the disherison of the









Crowne, publike hurt, or de­
struction of the subiect. The of­
fice of the Steward was, taking
to him the Constable, and other
great men, with some of the
Commons, and giuing notice to
the King of their intention, to
send to that Counseler, and will
him to desist from misleading
the king, yea, if need so requi­
red, to charge him to stay no
longer about him, but to depart
from the Court, which if he neg­
lected to performe, then they
might send to the King, and will
him to remoue him: and if the
king refused, then they might
take him as a publike enemie to
the King and Realme, seise on
his goods and possessions, and
commit his body to safe custo­
dy, vntill the next Parlament,
there to be Iudged by the whole
kingdome: examples are brought
of Godwin Earle of Kent in the
time of King Edward next be­
fore the Conquerour, of Hubert
Burgh Earle of the same County,
in the reigne of Henry the third,
and of Peter Gaueston , in Edward
the seconds daies. But experience
(as I said) hath found this officer
more daungerous then profita­
ble, and therefore hath time
taught, though not wholly to
suppresse him, yet to limite him
to particular occasion, and to re­
straine his power. Then is there
the Steward of the Kings most
honourable houshould, anno 24.
H. 8. cap. 13. whose name
is changed to the name of great
Master. anno 3 2. eiusdem, cap. 39
But this statute was repealed by
anno prim. Mar. 2. Parlam. cap. 4
and the office of the Lord
Steward of the Kings houshold
reuiued: where you may at large
reade diuers things touching his
office. As also in Fitzh. nat. br.
fol. 241. B. Of this Officers aun­
cient power, reade Fleta, lib. 2.
cap. 3. There is also a Steward
of the Marshalsea. pl. cor. fol. 52.
& anno 3 3. H. 8. cap. 1 2. To be
short, this word is of so great
diuersitie, that there is not a cor­
poration of any accompt, or
house of any honour, almost
through the realme, but it hath
an officer toward it of this name.
A steward of a maner, or of a
houshold, what he is or ought to
be, Fleta fully describeth. lib. 2
cap. 71. & 72. 

Straunger , commeth of the
French (estranger. 1. alienare.) It
signifieth in our Language ge­
nerally a man borne out of the
land or vnknowne: but in the
lawe, it hath an especiall signifi­
cation for him that is not priuie
or a party to an act: as a
Straunger to a iudgement: old na.
br. fol. 128. is he to whome a
iudgement doth not belong.
And in this signification it is di­
rectly contrarie to (partie) or









(priuie.) See Priuie.

Submarshall, (submarescallus)
 is an officer in the Marshalsea,
that is, deputie to the chiefe
Marshall of the Kings house,
commonly called the Knight
Marshall, and hath the custody
of the prisoners there. Cromptons
Iurisdict. fol. 104. He is other­
wise called Vnder-marshall. 

Sub pœna , is a writ that lyeth
to call a man into the Chaun­
cerie, vpon such case onely, as
the common lawe faileth in,
and hath not prouided for: so
as the partie who in equitie hath
wrong, can haue none ordinary
remedie, by the rules and course
of the common lawe, West. part.
2. symbol. titulo Proceedings in
Chauncerie. sect. 18. where you
may reade many examples of
such cases, as sub pœna lyeth in.
There is also a sub pœna ad testifi­
candum , which lyeth for the cal­
ling in of witnesses to testifie in
a cause, as well in Chauncerie,
as in other courts. And the
name of both these proceede
from words in the writ, which
charge the partie called to ap­
peare at the day and place assig­
ned, sub pœna centum librarum,
&c. I find mention of a common
sub pœna in Cromptons Iurisaict. fol.
33. which signifieth nothing else
but such a sub pœna , as euery
common person is called by into
the Chauncerie: whereas any
Lord of Parlament is called by
the Lord Chauncelers leters:
giuing him notice of the suit in­
tended against him, and re­
quiring him to appeare. Cromp­
ton. eodem. 

Subsidie, (subsidium) com­
meth of the French (subside) sig­
nifying a taxe or tribute assessed
by Parlament, and graunted by
the commons to be leuied of e­
uery subiect, according to the
value of his lands or goods after
the rate of 4. shillings in the
pound for land, and 2. shillings
8. pence for goods, as it is most
commonly vsed at this day.
Some hold opinion, that this
subsidie is graunted by the
subiect to the Prince, in re­
compence or consideration,
that whereas the Prince of his
absolute power, might make
lawes of himselfe, he doth
of fauour admit the consent of
his subiects therein, that all
things in their owne confes­
sion may be done with the grea­
ter indifferencie. The maner of
assessing euery mans lands or
goods, is this: first, there issu­
eth a Commission out of the
Chauncerie to some men of ho­
nour or worship in euery Coun­
tie, by vertue thereof to call vn­
to them, the head Constables or
Bayliffes of euery Hundred, and
by them the Constable and three
or foure of the substantiallest









housholders in euery towne
within their hundred at a day
certaine: which men so called,
or so many of them, as the Com­
missioners thinke good to vse, do
rate the inhabitants of their
owne towne, in such reasonable
maner, as they find meete, yet
by the discretion of the said
Commissioners. And then euery
man after his value set downe,
must at his time pay to the Col­
lectour appointed, after the rate
aforesaid. Yet in auncient time,
these subsidies seeme to haue
beene graunted both for other
causes, as in respect of the Kings
great trauell, and expences in
warres: or his great fauours to­
ward his subiects: as also in o­
ther maner then now they be: as
euery ninth Lambe, euery ninth
fleece, and euery ninth sheafe.
anno 1 4. Ed. 3. stat. prim. cap. 20.
And of these you may see great,
varietie in Rastals Abridgement.
tit. Taxes, Tenths, Fifteenths , Subsi­
dies, &c. whence you may gather
that there is no certaine rate,
but euen as the two houses shall
thinke good to conclude. Subsi­
die is in the statute of the land,
sometime confounded with cu­
stome. anno 11. H. 4. cap. 7. See
Beneuolence.

Suretie of peace, (securitas pacis)
 is an acknowledging of a bond
to the Prince, taken by a com­
petent Iudge of Record, for the
keeping of the peace. Lamberds
Eirenarcha, li. 2. cap. 2. pag. 7 7.
This peace may a Iustice of
peace commaund, either as a
Minister, when he is willed so
to doe by a higher authoritie,
or as a Iudge, when he doth
it of his owne power deri­
ued from his commission. Of
both these see Lamberd. Eire­
narcha. lib. 2. ca. 2. pag. 77. see
Peace , see Supplicauit.

Suffragan (Suffraganeus) is a
titular Bishop ordeined, and
assisted to aide the Bishop of
the Dioces in his spirituall
function. c. Suffraganeus. Extra
de electione. For the Etimology,
Suffraganei dicuntur, quia eorum
suffragiis causæ ecclesiasticæ iudi­
cantur. Ioach. Stephanus de Iurisd.
li. 4. ca. 16. nu. 14. It was in­
acted anno 26. H. 8. ca. 14.
that it should be lawfull to e­
very Diocesan at his pleasure
to elect two sufficient men with­
in his Dioces, and to present
them to the King, that he
might giue the one of them
such title, stile, name, and
dignity of sease in the saide
statut specified, as he should
think conuenient. 

Suyte (Secta) commeth of the
French (Suite. i. affectatio, consecu­
tio, sequela, comitatus) It signifi­
eth in our common law, a fol­
lowing of another, but in di­
uers senses, the first is a suite









in lawe, and is diuided into
suite reall, and personall. Kit­
chin, fol. 74. which is all one
with action reall and personal.
Then is there suite of Court, or
suite seruice; that is an atten­
dance which a tenent oweth at
the court of his Lord. Fitzh.
nat. br. in Indice. verbo Suite. suyte
seruice and suyte reall, anno 7. H.
7. cap. 2. The newe expositour
of lawe Termes, maketh menti­
on of foure sorts of suites in
this signification. Suite couenant,
suite custom, suite reall, and suite
seruice. Suite couenant , he defi­
neth to be, when your auncester
hath couenanted with mine aun­
cester, to siew to the court of
mine auncesters. Suite cu­
stome , when I and mine
auncesters haue beene sei­
sed of your owne, and your
auncesters suite, time out of
minde, &c. Suite reall , when men
come to the Shyreeues Turne,
or Leete, to which court all men
are compelled to come, to knowe
the lawes, so that they may
not be ignorant of things de­
clared there, how they ought to
be gouerned. And it is called
reall, because of their alle­
gance. And this appeareth by
common exeperience, when
one is sworne: his oath is that
he shall be a loyall and faithfull
man to the King. And this
suite is not for the land that he
holdeth within the Countie
but by reason of his person and
his aboade there, and ought to
be done twice a yeare: for de­
fault whereof he shallbe amer­
ced and not distreined. I thinke
this should be called ra­
ther regall or royall, because it
is performed to the King for
(royall). The French word in
the vsuall pronuntiation com­
meth neere to reall, the leter (o)
being almost suppressed. see
Leete. Suyte seruice , is to siew to the
Shyreeues Turn or Leete, or to
the Lords court from three
weekes to three weekes by the
whole yeare. And for default
thereof a man shall be distrei­
ned, and not amercied. And this
suite seruice is by reason of the
tenure of a mans land. Then
doth suite signifie the follow­
ing of one in chace, as fresh
suite. West. 1. c. 4 6. a. 3. Ed. 1. Last­
ly, it signifieth a petition made
to the prince, or great personage. 

Suyte of the Kings peace (secta
pacis Regis) anno 6. R. 2. stat. 2. ca.
pri. & anno 21. eiusdem, cap. 15. &
anno 5. H. 4. cap. 15. is the
persiewing of a man for breach
of the K. peace, by treasons, in­
surrections, rebellions, or trespasses. 

Summoneas , is a writ Iudiciall
of great diuersitie, according to
the diuers cases wherein it is
vsed, which see in the table of
the Register Iudiciall. 









Summoner (summonitor) signi­
fieth one vsed to call or cite a
man to any court. These by
the common lawe, ought to be
boni , that is by Fleta his Iudge­
ment, liberi homines, & ideo bo­
ni, quia terras tenentes, quod sint co­
ram talibus Iusticiariis adcertos
diem, & locum secundum manda­
tum Iusticiariorum vicecomiti dire­
ctum, parati inde facere recognitio­
nem. lib. 4. cap. 5. §. Et cum. 

Summons (Summonitio) see Som­
mons. Common Summons. Marlb.
cap. 1 8. anno. 52. Henric. 3.
is l. 

Summons in terra petita. Kitch.
fol. 286. is that summons which
is made vpon the land, which
the party at whose suite the
summons is sent forth, seeketh
to haue, Summons ad Warranti­
zandum. Dyer fol. 69. nu. 35. 

Sumage (Sumagium) seemeth
to be tolle for cariage on
horseback, Crompton Iurisd. fol.
191. For where the Charter of
the Forest, cap. 1 4. hath these
words: for a horse that beareth
loades euery halfe yeare, a halfe
penny: the booke called Pupilla
oculi , vseth these wordes : pro vno
equo portante summagium, per di­
midium annum obolum. It is o­
therwise called a Seame. And
a Seame in the Westerne parts
is a horse loade. 

Superoneratione pasturæ , is a
writ Iudiciall that lyeth against
him who is impleaded in the
County for the overburdening
of a common with his catell, in
case where he is formerly im­
pleaded for it in the countie,
and the cause is remooued into
the Kings court at Westm. 

Supersedeas , is a writ which
lieth in diuers, and sundry cases,
as appeareth by the table of the
Register originall, and the Iudi­
ciall also, and by Fitzh. nat. br.
fol. 2 36. and many other places
noted in the Index of his booke
verbo. Supersedeas. But it signifi­
eth in them all a command, or
request to stay or forbeare the
doing of that, which in appa­
rence of law were to be done,
were it not for the cause, where­
vpon the writ is graunted. For
example: a man regularly is to
haue surety of peace against
him, of whome he will sweare
that he is afraide, and the Iustice
required herevnto cannot denie
him. Yet if the party be former­
ly bound to the peace, either in
Chauncerie, or else where: this
writ lyeth to stay the Iustice
from doing that, which o­
therwise he might not de­
nie. 

Super statutum, Ed. 3. vers ser­
vants and labourers , is a writ that
lyeth against him, who keepeth
my seruant departed out of my
seruice against lawe. Fitzh. nat.
fo. 167. 










Super statuto de York quo nul
sera viteller, &c. is a writ lying
against him, that occupieth vit­
teling either in grosse or by
retaile in a Citie, or Borough
towne, during the time he is
Maior, &c. Fitzh. natur. bre. fol.
172. 

Super statuto, anno pri. Ed. 3.
cap. 12. & 13. is a writ that
lyeth against the Kings Tenent
holding in cheife, which aliena­
teth the kings land without the
Kings license. Fitzh: nat. br.
fol. 175. 

Super statuto facto pour sene­
shall & Marshall de Roy, &c.
 is a writ lying against the Ste­
ward, or Marshall for holding
plee in his court of freehould,
or for trespasse, or contracts not
made within the Kings hous­
hold. Fitzherbert nat. breu.
fol. 241. 

Super statuto de Articulis Cleri,
cap. 6. is a writ against the Shy­
reeue, or other officer, that di­
streineth in the Kings high way,
or in the glebe land aunciently
giuen to Rectories. Fitzh. nat.
br. fol. 173. 

Super prærogatiuæ Regis, cap. 3.
 is a writ lying against the kings
widow for marying without his
licence. Fitzherbert. nat. br. fol ,
174. 

Supplicauit , is a writ issuing
out the Chauncerie for taking
the surety of peace against a
man. It is directed to the Iusti­
ces of peace of the county, and
the Shyreeue: and is grounded
vpon the statute, anno pri. Ed. 3.
cap. 16. which ordeineth that
certaine persons in chauncerie
shallbe assigned to take care of
the peace, See Fitzh. nat. br. fol.
80. This writ was of old called
Breve de minis , as M. Lamberd
in his Eirenarcha. noteth out of
the Register originall, fol. 88. 

Sur cui in vita , is a writ that
lyeth for the heire of that wo­
man, whose husband hauing ali­
enated her land in fee, shee
bringeth not the writ Cui in vita
for the recouery of her owne
land. for in this case her heire
may take this writ against the
tenent after her decease. Fitzh.
nat. br. fol. 193. B. 

Surgeon , commeth of the
French (Chirurgien. i. Chirurgus,
vulnerarius) signifiing him that
dealeth in the mechanicall parte
of phisicke, and the outward
cures performed with the hand.
The French word is compoun­
ded of two greeke words (χ&epsilontilde;ιρ.
i. manus) andἐ ργον. i. opus)
And therefore are they not al­
owed to minister inward medi­
cine. See the statut. 32. H. 8.
ca. 4. and M. Powltons new
abridgement, titulo Surgeons. 

Surcharger of the forest , is he
that doeth common with more
beasts in the forest, then he









hath right to common with­
all. Manwood, parte 2. of his
forest lawes. cap. 14. nu. 7. 

Surplusage (surplusagium) com­
meth of the French (surplus. i. co­
rollarium, additamentum) It signi­
fieth in the common law, a super­
fluity or addition more then
needeth, which sometime is a
cause that a writ abateth. Brooke,
titulo. Nugation & Superfluity, fol.
100. Plowden casu Diue, contra
Maningham, fol. 63. b. It is some­
time also applied to mater of ac­
coumpt, and signifieth a greater
disbursement, then the charge
of the accoumptant amounteth
vnto. 

Surreioynder , is thus defined by
West. parte 2. symb. titulo. Supplica­
tions. sect. 5 7. A Surreioynder , is a
second defence of the plaintifes
action, opposite to the Defendants
Reioynder. And therefore (as he
saith) Hotoman calleth it Tripli­
cationem, quæ est secunda actoris de­
fensio, contra Rei duplicationem op­
posita. Not Hotoman onely calleth
this triplicationem: but the Empe­
rour himselfe. De Replicationibus,
libro. 4. Institut: titulo. 14. 

Surrender (sursum redditio) is
an Instrument testifiing with apt
words, that the particular tenent
of lands, or tenements for life or
yeares, doth sufficiently consent
and agree, that he which hath
the next or immediate Remain­
der, or Reuersion thereof, shall
also haue the particular estate of
the same in possession: and that
he yeeldeth, and giueth vp the
same vnto him. For euery sur­
render ought forthwith to
giue a possession of the things
surrendred. West: parte pri: lib. 2.
sectio. 503. where you may see
diuers presidents. But there may
be a surrender without writing.
And therefore there is said to be
a surrender in deede, and a sur­
render in law. A surrender in
deede, is that which is really and
sensibly performed. Surrender in
law is in intendment of law by
way of consequent, and not a­
ctuall. Perkins Surrender. 60 6. &
seqq. as if a man haue a lease of a
ferm, & during the terme, he ac­
cept of a new lease, this act is in
law a surrender of the former.
Coke. vol. 6. fo. 1. 1. b. 

Sursise (supersisæ) anno 3 2. H. 8.
ca. 4 8. seemeth to be an especi­
all name vsed in the Castle of
D ouer , for such penalties, and
forfeitures, as are laid vpon those
that pay not their duties or rent
for Castleward at their daies. a.
3 2. H. 8. ca. 48. Bract. hath it in a
generall signification lib. 5. tract.
3. ca. 1. nu. 8. and Fleta lib. 6. ca.
3. in prin. 

Surueiour (superuisor) is com­
pounded of two French words
(sur. 1. super) and veoir. 1. cernere
intueri, despicere, prospicere, videre)
It signifieth in our common law,









one that hath the ouerseeing or
care of some great personages
lands, or works. As the Suruei­
our generall of the Kings ma­
ners. Cromptons Iurisd. fo. 106.
And in this signification it is ta­
ken anno 33. H. 8. cap. 39. where
there is a court of Surueiours e­
rected. And the Surueiour of
the Wards and Liueries West par­
te 2. simbologr: titulo Chauncery:
sect : 136. which officer is erected
anno 33. H. 8. ca. 2 2. who is the
second officer by his place in the
court of wards and Liueries, as­
signed and appointed by the
king. His office seemeth especial­
ly to consist in the true examina­
tion of the lands belonging to
the Kings wards, that the King
be not deceiued. At the entrance
into his office, he taketh an oath
ministred vnto him by the Mai­
ster of that Court, which see an.
33. H. 8. cap. 39. 

Surueiour of the Kings exchaunge,
anno 9. H. 5. stat. 2. ca. 4. was
an officer, whose name seemeth
in these daies to be changed into
some other. For I cannot learne
that there is any such now. 

Suruiuour , is compounded of
two French words (Sur. i. super)
and viure. i. ætatem agere, viuere)
whence also commeth the com­
pound (Suruiure. i. superesse) It
signifieth in our common law,
the longer liuer of two ioynt te­
nents. See Brooke, titulo Ioynt te­
nents, fol. 3 3. or of any two ioy­
ned in the right of any thing. 

Suspension (Suspensio) is vsed
for a temporall stop of a mans
right, and differeth from extin­
guishment in this, that a Right
of Estate suspended reuiueth a­
gaine, but extinguished it dyeth
for euer. Brooke, titulo Extinguish­
ment and Suspension. fol. 314.
Suspension is also vsed in our
common lawe, sometimes as it
is vsed in the Canon lawe,
pro minori excommunicatione. As
anno 24. H. 8. cap. 1 2. See Ex­
communication. 

Suspirall , seemeth to be a
spring of water passing vnder
the ground, toward a concuit
or cesterne. anno 35. H. 8. ca.
10. and to be deriued from the
Latine (suspirare) or the French
(souspirer) i. ducere suspiria. And
indeed the word it self is French
for (souspiral) in that tongue,
signifieth (spiramentum cauernæ)
the mouth of a caue or den:
or the tunnell of a chimney. 

Swainmot, aliâs Swanimote,
(Swainmotum) signifieth a Court
touching maters of the Forest
kept by the Charter of the Fo­
rest, thrice in the yeare: anno 3
Henr. octau cap. 18. it is called
a Swannie-mote: what things
be inquirable in the same, you
may reade in Cromptons Iurisd.
fol. 180. who saith that this
court of Swainemote is as in­









cident to a Forest, as the court
of Piepowder is to a faire, with
whome agreeth M. Manwood
parte pri. of his Forest lawes, pag.
144. The word seemeth to be
compounded of (Swain) and
(mot) or (Gemot). For swaine, as
M. Manwood saith vbi supra, pag.
111) in the Saxons tongue
signifieth a Bockland man, which
at this day is taken for a Char­
terer, or freeholder: and (Gemot)
as M. Lamberd saith in his ex­
plication of Saxon words, verbo
Conventus , is Conventus , where­
vpon it is to be noted, as he
saith in the same place, that the
Swainemote is a court of free­
holders within the Forest. Of the
which you may reade him at
large, pag. 110. &c. vsque
122. 


T

TAbling of fines , is the
making of a table for e­
uery countie, where his Ma­
iesties writ runneth, contei­
ning the contents of euery
fine, that shall passe in any
one terme, as the name of the
Countie, townes, and places,
wherein the lands or tenements
mentioned in any fine, do lye,
the name of the plaintiffe and
Deforceant, and of euery ma­
ner named in the fine. This
is to be done properly by the
Chirographer of fines of the com­
mon plees: who the first day of
the next terme after the en­
grossing of any such fine, shall
fixe euery of the said tables in
some open place of the court of
Common plees: and so euery
day of the said terme during
the sitting of the said court. And
the said Chirographer shall de­
liuer to the Shyreeue of euery
Countie, his Vndershyreeue or
Deputie, faire writen in parch­
ment, a perfect content of the
table so to be made for that
shire, in the terme that shall
be next before the Assises to
be holden in the same coun­
tie, or else in the meane time
betweene the terme, and the
said assises, to be set vp the first
day, and euery day of the next
assises, in some open place of
the Court, where the Iustices of
Assises then shall sit, to continue
there so long, as they shall sit
in the said court. If either the
Chirographer, or Shyreeue
faile herein, he forfeiteth fine
pounds. And the Chirogra­
phers fee for euery such table is
foure pence. anno 23. Elizab.
cap. 3. This saith, West. parte 2.
symbol. titulo. Fines, sect. 130. 

Taile (Tallium) commeth of
the French (taile. i. Sectura) or
the verb (tailler. i. scindere) signi­
fiing in our common law two se­
uerall things, both grounded vp­
on one reason. Plowden, casu Wil­









lion, fol. 2 5 1. a. b. First it is vsed
for the fee, which is opposite to
see simple: by reason that it is so
(as it were) minced, or pared,
that it is not in his free power to
be disposed of him which own­
eth it: but is by the first giuer cut,
or diuided from all other, and
tyed to the issue of the Donee.
Cooke lib. 4. in proœmio. And this
limitation, or taile, is either ge­
nerall, or speciall. Taile generall
is that, whereby lands, or tene­
ments are limited to a man, and
to the heires of his body begot­
ten. And the reason of this terme
is, because how many soeuer wo­
men, the tenent houlding by this
title, shall take to his wiues, one
after another in lawfull matri­
mony; his issue by them all, haue
a possibility to inherit, one after
the other. Taile speciall is that,
whereby lands, or tenements be
limited vnto a man and his wife,
and the heires of their two bo­
dies begotten: because if the
man bury his wife before issue,
and take another: the issue by
this second wife cannot inherit
the land, &c. Also if land should
be giuen to a man and his wife,
and to their sonne and heire
I ohn , for euer: this is taile espe­
ciall. See more of this in fee. and
Litleton lib. pri: ca. 2. and the new
booke of Entries. verbo Taile.
Taile in the other signification, is
that which we vulgarly call a
Tallie. For it is vne taille de bois a
clouen peece of wood to nick vp
an accoumpt vpon, for in the
statute anno 10. Ed. pri. cap. 11.
and anno 27. eiusdem, stat. pri. ca.
2. it is termed a Taile , and anno
38. Ed 3. cap. 5. And so in Brooke
his Abridgement, titulo. Taile d'
Exchequer fol. 247. See  Tayles.

Tailes (talliæ) are in these daies
called Talleyes, well knowne
what they be. Of these reade
in our statutes two sorts, to haue
bene vsuall in the Exchequer
for a long continuance. The
one is tearmed tayles of debt,
anno 1. R. 2. cap. 5. which are
a kind of acquittance for dept
paide in to the king. For exam­
ple, the Vniversitie of Cambridge
payeth yearely ten pounds, for
such things as are by their Char­
ter graunted them in fee ferme,
fiue pounds at the Annunciation
and fiue at Michaelmas. He
that payeth the first fiue pounds,
receiueth for his discharge a taile
or taley, and he that payeth
the other fiue, receiueth the like.
With both which, or notes of
them, he repayreth to the Clerke
of the Pipes office, and there
in steede of them receiueth an
acquittance in parchment for his
whole discharge. Then be there
also mentioned tayles of re­
ward, anno 2 7. H. 8. cap. 1 1.
& anno 33. & 34. eiusdem. ca.
16. and anno 2. & 3. Ed. 6. ca.









4. And these seeme to be tailes,
or talyes of allowances, or re­
compence made to Shyreeues
for such maters, as to their
charge they haue performed in
their office, or for such monies
as they by course haue cast v­
pon them in their accompts,
but could not leauie them where
they were due. And these, as it
seemeth by the said statute, anno
27. H. 8. cap. 11. were of old
graunted in the Exchequer vnto
them, vpon warrant made to the
Treasurer and Chamberlaines
there, by the Clerkes of the
signet vpon bill assigned by the
King. But sithence the statute
anno 2. & 3. Ed. 6. cap. 4.
what the course in this case is, I
am not so well informed. Only
I heare, that for some counties
these tayles be still in vse, and
that the warrant commeth now
from the Auditour of the re­
ceipts, vnto those that make
these taleys. And that the Shy­
reeue with them proceedeth to
those who take his finall ac­
compt, and there hath his al­
lowance accordingly. 

Taylage (tallagium) aliâs, Tal­
lage , commeth of the French
(taille) which originally signifi­
eth a peece cut out of the
whole: and metaphorically is v­
sed for a share of a mans sub­
stance payed by way of tribute.
It signifieth with vs a tolle, or
taxe, as anno pri. Ed. 2. cap. vnico.
And Stowes Annals. pag. 445.
Thence commeth Tailagiers in
Chawcer for taxe, or tolle ga­
therers. 

Taint (Attinctus) commeth of
the French (teinct. i. infectus, tin­
ctus) and signifieth either sub­
stantiuely a conviction, or adie­
ctiuely a person convicted of
felonie or treason, &c. See At­
taint. 

Tales , is a latine word of
knowne signification: It is v­
sed in our common lawe, for a
supply of men empaneled vpon
a iury or enquest, and not appea­
ring, or at their apparence,
chalenged by the partie, or
either partie, if there be two, as
not indifferent for in this case,
the Iudge vpon petition graun­
teth a supply to be made by the
Shyreeue of some men
there present, equall in re­
putation to those that were
impaneled. And herevpon the
very act of supplying is called
a Tales de Circumstantibus. This
supply may be one or more, and
of as many as shall either
make defaulte, or els be cha­
lenged by each party. Stawf.
pl. cor. lib. 3. ca. 5. How be it,
he that hath had one Tales, ei­
ther vpon default or challenge:
though he may haue ano­









ther, yet he may not haue the
later to conteine so many as the
former, for the first Tales must
be vnder the principall panell,
except in a cause of Appeale,
and so euery Tales lesse then o­
ther, vntill the number be made
vp of men present in courte,
and such as are without excep­
tion to the partie, or parties.
Of this see Stawnford more at
large vbi supra. where you may
finde some exceptions to this
generall rule. These commonly
called (Tales) may in some sort,
and in deede are called (Meli­
ores) viz. when the whole Iurie
is chalenged, as appeareth by
Brooke, titulo. Octo tales & auter
tales, fol. 105. In whome you
may likewise reade many cases
touching this mater. 

Tales , is the proper name of
a booke in the Kings bench
office. Coke lib. 4. fol. 93. b. 

Tallage. See Taylage.

Talshide. See Talwood.

Talwood, v. anno 34. &
35. Henric. octau. capit. 3. &
anno 7. Ed. 6. ca. 7. & 43. El.
cap. 14. Talshide. ibidem. It is a
long kinde of shide riuen out
of the tree, which shortened is
made into billets. 

Tartaron, anno 12. Ed. 4. cap. 3.
& anno 4. H. 8. cap. 6. 

Tasels. anno 4. Ed. 4. cap. 1. is a
kinde of hard burre vsed by
clothiers and cloth workers in
the dressing of cloth. 

Task, aliâs Taxe , by M. Cam­
den following the authoritie of
Doctor Powell (whome he great­
ly commendeth for his dili­
gence in the search of anti­
quities) is a Britishe word sig­
nifiing tribute. Camden. Britan.
pag. 304. And it seemeth, it is
such a kinde of tribute, as be­
ing certainly rated vpon e­
uery towne, was wont to be
yearely paide. See Gild , and
the places there cited out of
M. Camden. Now is it not
paide, but by consent giuen
in Parlament, as the Subsidie
is. And it differeth from Subsidie
in this, that it is alway certaine,
accordingly as it is set downe
in the Chequer booke, and le­
vied in generall of euery towne,
and not particularly of euerie
man. Lastly, it is a fifteenth of
that substance, that euery town
was first rated at, by the num­
ber of hides of land in the
same. Wherevpon it is also cal­
led a fifteenth v. anno 14. Ed.
3. stat. 1. cap. 20. for whereas
M. Crompton in his Iurisdictions ,
saith that it is leuied som­
time by goods, as well as by
lands, as also appeareth by the
statute, anno 9. H. 4. ca. 7. I
take his meaning there to be,
that though the task in the









whole were at the first by the
Prince proportioned by the
land: Yet the townes men
among themselues to make vp
that summe, are at these daies
sometime valued by goods. See
Fiftenth. It seemeth that in aun­
cient times, this task was impo­
sed by the king at his pleasure,
but Edward the first, anno 25.
of his raigne, bound himselfe,
and his successours from that
time forward, not to leuie it
but by the consent of the
Realme, anno 25. Ed. pri. cap. 5.
The word Task may be thought
to proceede from the French
(Taux, aliâs Taxe. i. æstimatio, pre­
tium) for we call it also Taxe :
but ouer curiously to contend in
these derivations, may seeme friuo­
lous, considering that many words
are common to diuers peoples. 

Telonium , or Breue essendi quie­
tum de Telonio , is a writ lying
for the Citizens of any Citie,
or Bourgesses of any towne
that haue a Charter, or prescrip­
tion to free them from Tolle, a­
gainst the officers of any town,
or market constraining them to
pay Tolle of their Merchan­
dise, contrary to their said
graunt or prescription. Fitzh.
nat. br. fol. 226. Hotoman lib. 2.
commentariorum in feuda, cap. 56.
vers. Vectigalia , hath these words:
Telonia autem dicuntur, publicano­
rum stationes in quibus vectigalia
recipiunt: sed apud istius generis
scriptores , Telonium dicitur vecti­
gal, quod pro pontium aut riparum
munitione penditur: & plerumque â
principibus solius exactionis causa,
imperatur. 

Team, aliâs Theam , is an ould
Saxon word, signifiing a Royal­
ty granted by the Kings charter,
to a Lord of a maner. Bracton li.
3. tracta. 2. ca. 8. of this Saint
Edwards lawes, nu. 25. say thus.
Quod si quisquam aliquid interciet
(id est, penes alium defendat) super
aliquem, & intercitatus, non poterit
warantum suum habere, erit foris­
factura sua, & Iusticia similiter de
calumniatore, si defecerit. M. Skene
de verborum significatione, verbo
Theme. saith, that it is a power to
haue seruants and slaues, which
are called natiui, bondi, villani ;
and all Baronies infeoffed with
Theme , haue the same power. For
vnto them all their bondmen,
their children, goods and cattels,
properly appertaine: so that they
may dispose of them, at their
pleasure. And in some ould au­
thentike bookes it is writen.
Theme est potestas habendi natiues,
ita quòd generationes villanorum
vestrorum, cum eorum catallis, vbi­
cunque inueniantur, advos pertine­
ant, Theme commeth from Than.
i. servus , and therefore some
time signifieth the bondmen, and
slaues, according to an ould sta­
tute and law. De curia de The­









me. Quod si quis teneat curiam de
Theme, & illa querela in illa curia
mouetur, ad quam Theme vocatur:
non debet illa curia elongari,
sed ibidem determinari, & om­
nes Theme ibi compareant. Which
is vnderstoode of the question
of liberty, when it is in doubt,
whether any person be a bond­
man or free man. Which kinde
of proces should not be delayed
but summarily discided. And the
new expositour of law terms.
speaketh to the like effect, verbo
Them. I read it also in an ould
paper writen by an exchequer
man thus translated; Theam. i.
propago villanorum. 

Teller , is an officer in the Es­
chequer, of which sort their be
foure in number. And their of­
fice is, to receiue all monies due
to the King, and to giue to the
clerk of the Pel a bill to charge
him therewith. They also pay to
all persons, any money paiable
vnto them by the King, by war­
rant from the auditour of the re­
ceipt. They also make weekely
and yearely bookes both of
their receipts & payments, which
they deliuer to the L. Treasurer. 

Templers (Templarii) See
Knights of the Temple. These whil
lest they florished here in En­
gland, which seemeth to be all
that time betweene Henry the
seconds daies, vntill they were
suppressed, had in euery nation
a particular gouernour, whom
Brac. calleth Magistrum militiæ Tem­
pli: l. 1. c. 1 0. Of these read M. Cam.
in his Br. p. 320. See  Hospitalers.

Temporalties of Bishops (Tempo­
ralia Episcoporum) be such reue­
newes, lands, and tenements, as
Bishops haue had laid to their
Sees by the Kings and other great
personages of this land from
time to time, as they are Barons,
and Lords of the Parlament. See
Spiritualties of Bishops.

Tend , seemeth to signifie, as
much as to indeuour, or offer, or
shew forth, to tend the estate of
the party of the Demaundant, old
n. br. f. 123. b. to tend to trauers.
Stawnf: prærog. fol. 96. to tend an
auertment. Britton, cap. 76. 

Tender , seemeth to come of
the French (Tendre. i. tener, deli­
catus) and being vsed adiectiue­
ly, signifieth in english speech,
as much as it doth in French.
But in our common law, it is vsed
as a verb: and betokeneth
as much, as carefully to of­
fer, or circumspectly to in­
deuour the performance of any
thing belonging vnto vs: as to
tender rent, is to offer it at the
time and place where and when
it ought to be paid. To tender
his law of non Summons. Kitch. fo.
197. is to offer himselfe ready to
make his law, whereby to
prooue that he was not summo­
ned. See law. See make.

Tenementis legatis , is a writ









that lyeth to London , or other
corporation, where the custome
is, that men may demise tene­
ments by their last will, as well
as their goods and catels, to
whome they list, for the hea­
ring of any controuersie tou­
ching this mater, and for the
rectifying of the wrong. Regist.
orig. fol. 244. b. 

Tenant, aliâs, tenent, (tenens)
 commeth either of the Latine
(tenere) or of the French (tenir)
and signifieth in our common
lawe, him that possesseth lands,
or tenements by any kind of
right, be it in fee, for life, or
for yeares. This word is vsed
with great diuersitie of Epithits
in the lawe, sometime signify­
ing or importing the efficient
cause of possession, as tenent
in Dower: which is shee, that
possesseth land, &c. by vertue
of her Dower. Kitchin, fol. 1 60.
Tenent per statute Merchant. I­
dem, fol. 172. that is, he that hol­
deth land by vertue of a statute
forfeited vnto him. Tenent in
franck mariage. Kitchin, fol. 158.
viz. he that holdeth land or tene­
ment by reason of a gift thereof
made vnto him vpon mariage,
betweene him and his wife. Te­
nent by the courtesie. Idem. fol. 1 59
i. he that holdeth for his life
by reason of a child begotten
by him of his wife being an in­
heritrix, and borne aliue. Te­
nent per elegit. Idem, fol. 17 2. i.
he that holdeth by vertue of
the writ termed Elegit. Tenent in
mortgage. idem, fol. 38. is he that
holdeth by vertue of a mortgage
or vpon condition, that if the
lessour pay so much money at
such a day, that he may enter,
and if not, that the leassee shall
haue a fee simple, fee tayle, or
free hould. Sometime these E­
pithites import the maner of ad­
mittance: as tenent by the verge
in auncient demesn. Idem fol. 81.
is he that is admitted by the rod
in a court of auncient demesne.
Sometime the euidence, that he
hath to shew for his estate: as
Tenent by copy of court rolle,
which is one admitted Tenent of
any lands, &c. within a maner,
that time out of the memorie of
man, by the vse and custome
of the said maner, haue bene de­
misable, and demised to such
as will take the same in fee, fee-
tayle, for life, yeares, or at will,
according to the custome of the
said maner. West parte prim. sym.
lib. 2. se. 646. whom reade more
at large. Againe, Tenent by char­
ter , is he that holdeth by feof­
ment in writing or other deede.
Kitchin, fol. 57. Sometime these
Epithites signifie that dutie
which the tenent is to performe
by reason of his tenure. As Te­
nent by Knights seruice, Tenent in
socage , Tenent in burgage , Tenent









in frank fee , Tenent in villenage.
Sometime they import the estate
of the tenent, or his continuance
in the land, as Tenent in fee sim­
ple. Kitchin, fol. 1 50. Tenent in
fee taile, Idem fol. 1 5 3. Tenent
for life, and tenent for yeares: I­
dem, fol. 1 63. Tenent at the will
of the Lord according to the cu­
stome of the maner. Idem fol. 132.
& 16 5. Tenent at will by the
common law. Idem, eodem. Te­
nent vpon sufferance. Idem, fol.
165. Tenent of state of inheri­
tance. Stawnf: prærog. fol. 6.
Sometime they containe a rela­
tion toward the Lord of whom
he houldeth, as Tenent in cheife.
i. he that houldeth of the King
in the right of his crowne. Fitz.
nat: br. fol. 5. F. Tenent of the
King, as of the person of the
King. Idem, eodem. or as of some
honour. eodem: Very tenent. i. he
that houldeth immediately of
his Lord. Kitchin fol. 99. For if
there be Lord Mesn. and Te­
nent, the Tenent is very Tenent
to the mesn , but not to the Lord
aboue. Tenent parauaile, pl. cor: fo.
19 7. & Fitzh. nat. br. fol. 136.
D. is the lowest tenent, and far­
dest distant from the Lord Para­
mont. It seemeth to be tenent
per auaile. See Diers commentaries
fol. 25. nu 156. Noe tenent in
right to the Lord, but Tenent as
for the avowrie to be made, Li­
tleton, fol. 96. Sometime they
haue a relation betweene Te­
nents, and Tenents in seuerall
kindes, as ioynt tenents. i. they
that haue equall right in lands
and tenements, and all by vertue
of one title. Litleton, li. 3. ca. 3.
Tenents in common, be they
that haue equall right, but
hold by diuers titles, as one or
more by gift or descent, and
others by purchase. Idem, eod.
cap. 4. Particular tenent. Stawnf.
prærog. fol. 13. that is, he which
holdeth onely for his terme, as
tenent in dower, tenent by the
courtesie, or otherwise for life,
West parte 2. symbol. titulo. Fines­
sect. 1 3. G. See anno 3 2. H. 8. ca.
31. and Cooke in Sir William Pel­
lams case. lib. 5. fol. 1 5. a. they
be termours for yeares or life.
See Plowden casu Colthirst. fol.
23. b. Sole tenent, Kitchin 134.
i. he that hath none other ioy­
ned with him. If a man and his
wife hold for both their liues,
and the man dyeth, he dieth
not sole tenent, Idem eodem. Seue­
rall tenent, is opposite to ioynt
tenents or tenents in common.
See Seuerall tenencie. Tenent al
præcipe , is he, against whom the
writ (Præcipe) is to be brought.
Cookes Reports. lib. 3. the case of
fines. fol. 88. a. Tenent in demesn,
anno 13. Ed. 1. cap. 9. anno 3 2.
H. 8. cap. 37. is he that holdeth
the demeanes of a maner for a
rent without seruice. Tenent in









seruice, an. 20. Ed. 1. stat. pri. is
he that holdeth by seruice v.
Britton. cap. 7 9. in principis, &
ca. 96. Car fealte, &c. vel quære
whether he may be termed te­
nent in demesne, that holdeth
some of the Demeanes howsoe­
uer, and he tenent in seruice,
which is a freehoulder to
a maner houlding by ser­
uice, for the free houlds of a
manner are not accounted of
the demesne, but onely that
which the Lord keepeth in his
owne hand or letteth out by
copie, according to the custome
of the maner. Tenent by execu­
tion an. 3 2. Henr. 8. cap. 5. is he
that holdeth land by vertue of
an execution vpon any statute, re­
cognisance, &c. 

Tendeheved (decanus, vel ca­
put decem familiarum) of this see
Roger Hoveden, parte poster. suorum
annalium. fol. 346. a. See Frank
pledge. 

Tenement (Tenementum) is
diuersly vsed in the common
lawe, Most properly it signi­
fieth a house or home stall: but
in a larger signification it is ta­
ken for either house or land
that a man holdeth of another.
And ioyned with the adiectiue
(Frank) in our lawyers French,
it conteineth generally lands or
houses, yea or offices, wherein
we haue estate for terme of life,
or in fee. And in this significa­
tion, Kitchin, fol. 41. maketh
frank tenement, and base estate
opposite the one to the other.
In the same sort doth Britton
vse it, through his whole 2 7.
chapter, as also Bracton doeth
the latine (liberum tenentum) lib.
pri. cap. 5. & 6. and many other
places. 

Tenentibus in assisa non oneran­
dis, &c. is a writ that lieth for
him to whome a disseisour hath
alienated the land whereof he
disseised another, that he be not
molested for the dammages a­
warded, if the Disseisour haue
wherewith to satisfie them him
selfe. Register orig. fol. 214. b. 

Tenths (Decimæ) is that
yearely portion or tribute, which
all liuings ecclesiasticall doe
yeeld to the king. For though
the Bishop of Rome doe origi­
nally pretend right vnto this
revenewe, by example of the
high preist among the Iewes,
who had tenths from the Le­
vites, Numb. cap. 8. Hieronimus
in Ezechielem. yet I read in our
Chronicles that these were of­
ten graunted to the King by the
Pope, vpon diuers occasions,
sometime for one yeare, some­
time for more, vntill by the
statute, anno 26. Hen. 8. cap. 3.
they were annexed perpetually
to the Crown. See Disms. It signi­
fieth also a taske leuied of the
temporalty. Holinshed. H. 2. f. 111. 









Tenore indictamenti mittendo ,
 is a writ whereby the Record
of an indictment, and the pro­
ces thereupon, is called out of
another court into the chaunce­
rie. Register orig. fol. 169. a. 

Tenure (Tenura) commeth of
the Norman (Tenoure) as appea­
reth by the Grand Custumarie :
cap. 28. where it is defined to
this effect : Tenure is the ma­
ner, whereby tenements are
houlden of their Lords. What
may make a tenure and what
not, see Perkins Reseruations, 7 0.
And in that chapter shall you
finde the most of those tenures
recited, that be now vsually in
England. In Scotland I finde
that there be foure maner of te­
nures, which they call halding
of land; the first is pura eleemozi­
na , which is proper to spirituall
men, paying nothing for it, but
deuota animarum suffragia : the se­
cond they call Few, or few ferme,
which houldeth of the King,
Church, Barons, or others, pay­
ing a certaine duty called Feudi
firma. The third is a hould in
(Blench) as they terme it, by
payment of a peny, rose, paire
of guilt spurs, or some such like
thing, if it be asked, in name of
Blench, id est nomine albæ firmæ.
The fourth is by seruice of ward,
and relieue, where the heire be­
ing minor , is in the gard or custo­
dy of his Lord, togither with his
lands, &c. And land houlden in
this fourth maner, is called there
feudum de Hauberk , or Haubert.
or feudum militare , or feudum
Hauberticum , or feudum loricatum :
because it is giuen vpon conditi­
on, that the vassall possessor ther­
of, shall come to the host with a
lack, or Haubert which is a coate
of maile. M. Skene de verb: signi­
fica: verbo. Haubert. Tenure in
grosse, is the Tenure in Capite.
For the Crowne is called a Seig­
nory in grosse, because it consi­
steth as a corporation of and by
it selfe, not tyed to any honour,
or maner. See Cromptons Iurisd:
fol: 206. See the new booke of
Entries, verbo Tenure. 

Term (Terminus) signifieth with
vs commonly, the bounds and
limitation of time: as a lease for
terme of life or terme of yeares.
Bracton lib. 2. cap. 6. nu. 4. But
most notoriously it is vsed for
that time, wherein the Tribunals,
or places of Iudgement are open
to all that list to complaine of
wrong, or to seeke their right by
course of law, or action. The rest
of the yeare is called vacation.
Of these terms there be foure in
euery yeare: during the which,
maters of Iustice (for the most
part) are dispatched. and this Sir
Tho. Smith lib. 3. de Rep. Ang:
cap. 2. reckoneth as miraculous:
that in lesse time then the third
part of the yeare, three Tribu­









nals, all in one city, should Recti­
fie the wrongs of so large and
populous a nation, as England
is. Of these terms one is called
Hilary terme which beginneth
the 23. of Iannuary, or if that be
Sunday, the next day following,
and endeth the 21. of February.
Another is called Easter terme,
which beginneth 18. daies after
Easter and endeth the munday
next after Ascension day. The
third is Trinity terme, beginning
the Friday next after Trinity Sun­
day, and ending the Wedensday
fortnight after. The fourth is
Michaelmas terme, beginning
the 9 of October, or if that be
Sunday, the next day after, and
ending the 28. of Nouember. 

Termor (Tenens ex termino) is
he that houldeth for terme of
yeares or life. Kitchin fol. 151.
Litleton fol. 1 00. 

Terra extendenda , is a writ di­
rected to the Escheatour, &c.
willing him to inquire and find
the true yearely value of any
land, &c. by the oath of twelue
men, and to certifie the extent
into the Chauncerie, &c. Regist.
orig. fol. 293. b. 

Terris, bonis & catallis rehaben­
dis post purgationem , is a writ that
lyeth for a Clerke to recouer his
lands, goods, or chatels former­
ly seised on, after he hath clea­
red himselfe of that felonie, vp­
on suspition whereof he was
formerly conuicted, and deliue­
red to his Ordinarie to be pur­
ged. Regist. orig. fol. 68. b. 

Terris liberandis , is a writ,
that lyeth for a man conuicted
by attaint, to bring the Record
and processe before the King,
and to take a fine for his im­
prisonment, and to deliuer him
his lands and tenements againe,
and to release him of the Strip
and Waste. Regist. orig. fol. 232.
a. It is also a writ for deliuery
of lands to the heire after ho­
mage, and reliefe performed.
eodem fol. 293. b. or vpon securi­
tie taken, that he shall performe
them. eodem, fol. 313. b. 

Terris & catallis tentis vltra
debitum levatum , is a writ Iudi­
ciall, for the restoring of lands or
goods to a deptour that is di­
strained aboue the quantitie of
the dept. Register Iudiciall. fol.
38. b. 

Terretenent, (terratenens) is he
which hath the naturall, and
actuall possession of the land,
which we otherwise call the oc­
cupation. anno 39. Eliz cap. 7.
For example, a Lord of a maner
hath a freeholder, who letteth
out his free land to another to be
occupied: this occupier is called
the Terretenent. West. parte 2.
symb. titulo. Fines. sect. 137. Cromp­
tons Iurisd. fol. 194. Britton. cap.
29. Perkins feofments. 231. And
Petrus Belluga in speculo Princi­









pum , Rub. 46. versi culo, Restat
videre num. 9. vseth this word
Terratenentes in the same signifi­
cation. See Land tenents. Yet I
haue heard some learned in the
lawe say, that the Tertenent , is
the tenent in free, or copyhold,
according to the custome of
the maner, and opposite to te­
nent for terme of yeres. Quæ­
re. 

Ters , is a certaine measure of
liquide things, as wine, oyle, &c.
conteining the sixth part of a
Tunne. anno 32. H. 8. cap. 14. or
the third part of a pipe. 

Testament, (testamentum.) See
Will.

Testatum , is a writ that see­
meth especially to lye against
great personages of the realm,
whose bodies may not be med­
led with in actions of dept. And
therefore if the Shyreeue return,
(nihil habet in balliva mea) in a
case of execution, another writ
shall be sent out into any other
Countie, where such personage
is thought to haue whence to sa­
tisfie, which is termed a Testa­
tum , because the Shyreeue hath
formerly testified, that he found
nothing in his Bayliweeke to
serue the turne. See Kitchin in his
Returnes of writs. fol. 287. b. 

Teste , is a word commonly v­
sed for the last part of any writ:
so called, because the very con­
clusion of euery writ wherein
the date is contained, beginneth
with these words, (teste meipso,
&c.) If it be an originall writ,
or if iudiciall, teste Thom. Flem­
ming , or Edovardo Cooke , accor­
ding to the Court whence it
commeth. Where I may note by
the way, that in Glanvile lib. pri.
cap. 6. & 13. & lib. 2. cap. 4. I
find the forme of an originall
writ in the last clause to be (te­
ste Ranulpho de Glanvilla apud
Clarindon, &c. And diuers times
in the Register orig. Teste custode
Angliæ : as namely, in the title
Prohibition. fol. 42. a. and Consul­
tation, fol. 54. b. 

Thanus , is a made Latin word
of the Saxon (thegn) which com­
meth of (thenian. i. alicui mini­
strare.) It signifieth sometime a
Noble man, somtime a free man,
sometime a Magistrate, somtime
an Officer, or minister. Lamb. in
in his Explication of Saxon
words. verbo Thanus. See the
place. See vavasour. M. Skene de
verbor. signif. saith, it is the name
of a dignitie, and appeares to
be equall with the sonne of an
Earle. And Thamus was a free
holder holding his lands of the
King. And a man not taken
with the fang (that is, with the
maner, as we say,) accused of
theft, no sufficient proofe being
brought against him, must purge
himselfe by the oath of 27.
men, or of three Thanes. Tha­









nagium Regis , signifieth a cer­
taine part of the Kings lands, or
propertie, whereof the rule and
gouernement appertaineth to
him, who therefore is called Tha­
nus. For Domania Regis , and
Thanagia, idem significant. It is
a Dutch word. For (teiner) signi­
fieth a seruant, and teinen to
serue. And thane is likewise a
seruant, and vnder-thane , an in­
feriour thane or subiect. Thus
farre M. Skene. 

Thack tile. anno 17. Ed. 4. cap.
4. otherwise called plaine tyle ,
is that tile which is made to be
layed vpon the side, and not
vpon the rudge of a tyled house.
anno 17. Ed. 4. cap. 4. 

Theam. See Team.

Theft (furtum) is an vnlaw­
full felonious taking away of
another mans moueable, and
personall goods against the ow­
ners will, with an intent to steale
them. West. parte 2. symbol. titulo
Inditements. sect. 58. where also
he saith, that theft is from the
person or in presence of the
owner, or in his absence. Theft
from the person or in presence
of the owner, is of two sorts: the
one putting the owner in feare,
the other not. Idem, eodem, sect.
59. The former is properly cal­
led Robberie. ibid. sect. 60. The
new expounder of lawe termes,
verbo Larcenie , diuideth theft in­
to theft so simply called, and pe­
tit or litle theft. Whereof the
one is of goods aboue the va­
lue of twelue pence, and is
felonie, the other vnder that
value, and is no felonie. But see
Felonie.

Theftbote , is made of (theft)
and (boote) i. compensatio , and sig­
nifieth properly the receiuing
of goods from a theefe, to the
end to fauour, and maintaine
him. The punishment whereof
is raunsome and imprisonment,
and not losse of life and mem­
ber. Stawnf. pl. cor. lib. prim. cap.
43. and the myrror of Iustices.
lib. 2. cap. des peches criminels
al sute le Roye. And yet he there
maketh mention of a Record
alledged, which testified a iudge­
ment of life and member giuen
in this case. 

Thegue. See Thanus, and Thin­
gus. 

Them. See Team. It signifi­
eth acquietantiam amerciamento­
rum sequelæ propriorum servorum.
Fleta lib. prim. cap. 47. §. Theme. 

Thelonium. See  Tholle , and
 Tholonium , and Tolle.

Theolonio rationabili habendo
pro Dominis habentibus Dominica
Regis ad firmam , is a writ, that
lyeth for him, that hath of the
Kings demesne in fee ferme, to
recouer reasonable tolle of the
Kings tenents there, if that his
demesn haue bene accustomed
to be tolled. Register origin.









fol. 87. b. 

Thingus. Cromptons Iurisd. fol.
197. seemeth to be vsed for the
Saxon Thegne. See Thanus. His
words are these, speaking of a
Charter or Graunt made by a
Lord of a Forest. Scietis me con­
cessisse omnibus militibus, & omni­
bus thingis, & omnibus libere te­
nentibus, qui manent in Foresta mea
de Honore de Lancaster, quòd pos­
sunt, &c. Fleta writeth it Tlein , &
saith, quòd significat liberum. 

Then, significat servum. Fleta li.
prim. cap. 47. See Thanus , and
Thingus.

Thridborow , is vsed for a con­
stable. anno 2 8. H. 8. cap. 10.
which also is noted by M. Lam­
berd in his Tractate intituled:
The dutie of Constables, pag. 6.
which seemeth to be corruptly
vsed for the Saxon (freoborh. i.
ingenuus fide iussor,) or (freborhe­
sheofod. i. vas primarius) Idem. in
his explication of Saxon words.
verbo. Centuria. 

Thrid with nith (trium
noctium hostes) who if he did a­
ny harme, his host, by the lawes
of Saint Edward , and of the
Conquerour, was answerable for
the harme. Rogerus Hoveden par­
te poster. suorum annal. fol. 3 4 5. See OED "nithe, n."

Thokei of fish, anno 22. Ed 4.
cap. 2. 

Tholl (Thollonium) est libertas
emendi, & vendendi in terra sua.
Archamom. Lamb. fol. 1 32. See
 Toll.

Thraue of corne, anno 2. H. 6. ca.
2. consisteth of two shookes:
and euery shoke conteineth 6.
sheaues. It seemeth to be a word
proper to the north parts. 

Thrimsa , commethof (Threo)
that is three, and signifieth a
peece of money of three shil­
lings. Lamb. expla. of Saxons words.
verbo Thrimsa. 

Tilsen of saten, anno 1. H. 8. ca.
14. 

Tinceli , commeth of the
French (Estincelle. i. scintilla) or the
verb (Estinceller. i. scintillare) It
signifieth with vs a stuffe or
cloath made partly of silke and
partly of gold or siluer, so called
because it glistereth or spark­
leth like starres. 

Tissu , is a French word sig­
nifiing as much as (wouen)
Cloth of Tissue, with vs cloth
of silke and siluer, or of silke,
and gould wouen togither. 

Tithe (Decime) seemeth to be
an abbreuiat of (tything) being
the Saxon (Teothung) a litle
altered, which signifieth Decu­
riam, Lamb. explica. of Saxon
words. verbo. Decuria. It signifi­
eth in our common lawe, the
tenth part of all fruites prediall,
or personall, which be due to
God, and so consequently to his
Minister, toward the recom­
pence of his paines taken in in­
structing his charge, how to









liue after Gods commande­
ments, and his continuall inter­
cession that he doth or ought to
make vnto God for their both
spirituall and temporal blessings
Leuit. cap. 27. versu. 30. I say
the tenth part, though Couar­
ruvias with other learned Ca­
nonists and Scholemen, hold the
rate of tithes, not to be necessa­
rily the tenth part of the fruites
by the morall lawe of God. Yet
the beter and more theologi­
call opinion is, that they are
all deceiued, and that from
their errour hath sprong much
wrong to almighty God, and
greate mischief to his church: &
that by the law of God and
nature no contrary custome
ought to last any longer, then
the parson and parishioner shall
both thinke well of it. Where­
fore those customes of paying
a halfepeny for a lambe, or a
pennie for a calfe by such as
haue vnder seuen in one yeare,
how long so euer it hath indu­
red, is but very vnreasonable
in these daies, when both lamb
and calues are growne foure
times deerer, and more then
they were when this price
was first accepted. And
therefore no man dischargeth
well his conscience in this point
that paieth not duly the tenth of
euery Lamb, euery calfe, and e­
uery other thing titheable. For
by this course the minister fa­
reth well or euill in a propor­
tion with his parishioner, as it
pleaseth God to giue increase,
whereas by any other order the
one or the other shall finde
want of indifferencie, as the
prices of things shall rise or
fall. 

Tithing (Tithingum) is the
Saxon word Teothung for the
which see (Tithe) It signifieth
(as M. Lamb. saith in his dutie
of Constables) the number or
company of ten men with their
families cast, or knit together in
a societie, all of them being
bound to the King for the
peaceable and good behauiour
of each of their societie. Of
these companies was there one
cheife or principall person, who
of his office was called (Toothung
man) at this day in the West
parts (Tithingman) But now he
is nothing but a Constable. For
that old discipline of Tithings
is left long sithence. It signifieth
also a court, anno 23. Ed. 3.
cap. 4. & anno 9. H. 3. cap. 35. See
Chiefe Pledge and Frank pledge ,
and Decennier. Tithing is vsed
for a Court. Magna charta, cap.
25. and Merton, cap. 10. 

Todde of wooll , is a quantitie
conteining 28. pound in weight,
or two Stone. 

Toft (Tostum) is a place,
wherein a mesuage hath stoode









West. parte 2. symbol. titulo Fines
sect. 26. 

Toile , commeth of the French
(Toile. i. tela) and signifieth with
vs a net of cord to compasse or
take Deere. 

To lange and to bred. See Br ed. 

Tolle (Tollere) as it is a verbe
signifieth to defeate or take a­
way, anno 8. H. 6. cap. 9. 

Toll, aliâs Tholl (Tolnetum, aliâs
Theolonium) is a Saxon word,
and hath in our common lawe
two significations: first it is vsed
for a libertie to buy and sell
within the precincts of a maner.
Lamb. Archainom. fol. 1 32. which
seemeth to import so much as a
faire or market. The words be
these : Thol (quod nos dicimus Tho­
lonium) est scilicet quod habeat liber­
tatem vendendi & emendi in terra
sua. In the second signification
it is vsed for a tribute or cu­
stome paid for passage, &c. as
in Bracton. Si cui concedatur ta­
lis libertas quòd quietus sit de The­
olonio & consuetudinibus dan­
dis per totum Regnum Angliæ in
terra & mari, & quòd Theolonium
& consuetudines capiat infra liber­
tatem suam de ementibus & ven­
dentibus, &c, lib. 2. cap. 24. num. 3.
But euen there in the end of
the second number he hath this
word, Toll (as it seemeth) in the
former signification also, which
by these words aboue written
folowing a little after, he inter­
preteth to be a libertie as well
to take as to be free from Tolle.
The made Latine word (Theoloni­
um) Cassanæus in consuetud. Bur­
gund. pag. 118, deriueth a Tollen­
do) but I rather thinke it com­
meth from the greeke (τελωνια,)
or  (τελωνεια) . i. vectigalium re­
demptio, vel etiam vectigalium
exactio) Fleta hath these words
of it: Tol significat acquietantiam
Theolonii vbique in Regno, lib. pri.
cap. 47. M. Skene de verb. signifi.
verbo Toll , saith it is a custome,
and that it commeth from the
Greeke word of the same signifi­
cation(τέλος) and that he who
is infeoffed with Toll , is custome
free, and payeth no custome:
which is manifest by sundry
ould bookes, wherein it is writen:
Toll, hoc est quod vos & homines
vestri de toto homagio vestro sint
quieti de omnibus mercantiis, & de
Tolneto, de omnibus rebus emptis &
venditis. Thus farre he. Kit­
chin fol. 104. maketh mention
of Tolle through, and Toll Tra­
uers, his words be to this effect.
Custom or prescription to haue
Toll through in the high way,
is not good: for it is against
the common right. But to haue
prescription of Tolle Trauers, is
good. In which place the diffe­
rence betweene the one, and
the other the newe expositour of
lawe terms saith to be, that
tolle trauers is that mony, which









is taken for passing ouer
a priuate mans ground. But this
author seemeth to differ from
Kitchin touching the lawfulnes
of tolle through, saying that by
reason of a bridge prouided at
the cost and charge of the
towne, for the ease of trauellers,
he thinketh it resonable, that
tolle through be exacted toward
the maintenance thereof: which
writer also maketh mention of
tolle turn: and that he defineth
to be tolle paide for beastes dri­
uen to be sold, though they be
not sold indeede. Where, I think,
he must meane a tolle paide in
the returne homeward from
the faire or market, whether
they were driuen to be sold.
Plowden, casu Willion, fo. 2 36.
agreeth in this definition of tolle
trauers. And this the Feudists
call parangariam, defining it to
be sumptus & labores ferendi re­
ferendiue alicuius causa a principe
impositi, cùm non per viam, sed aliò
versùm iter suscipitur. l. 2. Co. de
Episc. & cleri. a græco (ϖαρατγὲρὲια).
i. transitus per viam transversam.
Gothofred. ad l. 4. §. 1. π. de vete­
ra. I finde in Andrew Horns mir­
rour of Iustices, lib. 1. cap. des arti­
cles, &c. that by the auncient
lawe of this land, the buyers of
corne or catell in faires or mar­
kets, ought to pay tolle to the
Lord of the market, in testimo­
ny of their contract there law­
fully made in open market: for
that priuie contracts were held
vnlawfull. 

Toloneum or Breve de essendi qui­
etum de Toloneo , is a writ that ly­
eth in case, where the Citizens
of any Citie, or Burgesses of any
towne, be quit from tolle by the
graunt of the kings predeces­
sours, or prescription: which you
haue at large in Fitzh. nat. br.
fol. 226. See Telonium. 

Tolt (Tolta) is a writ whereby
a cause depending in a court
Baron, is remoued into the coun­
ty court. Old. nat. br. fol. 2. The
reason of the appellation see­
meth to come from the verb
(Tollo) v: Cooke, lib. 3. in præfatione
ad lectorem. 

Tonne. See Tunne.

Tonnage , is a custome or im­
post due for merchandise brought
or caried in tonns and such like
vessels, from or to other nations
after a certain rate in euery tonne
anno 12. Ed. 4. ca. 3. anno 6. H.
8. ca. 1 4. & anno pri. Ed. 6. cap.
1 3. anno pri. Iacobi, cap. 33. I haue
heard it also called a duty due to
the Mariners for vnloading their
ship arriued in any hauen after
the rate of euery tonne. 

Torny. See Turney.spelling not found in OED

Totted anno 4 2. Ed. 3. cap. 9.
& anno 1. Ed. 6. ca. 1 5. is a word
vsed of a dept, which the forein
Apposer or other officer in the
Exchequer noteth for a good









dept to the King by writing this
word (Tot) vnto it. 

Tourn. See Turn.

Tout temps prist & vncore est:
 that is to say in English, Alway
ready and is at this present: this
is a kinde of plee in way of ex­
cuse or defence vnto him that is
siewed for withhoulding any
dept, or duty belonging to the
plaintiffe. See of this Brooke his
Abridgement, fol. 258. 

Traile baston. See  Iustices of tri­
all baston.

Traitor (traditor, proditor) See
Treason.

Transgressione , is a writ, called
commonly a writ or action of
trespas. Of this Fitzherbert in his
Natura bre : hath two sorts: one
Vicountiel , so called, because it is
directed to the Shyreeue, and
is not returnable but to be
determined in the countie:
The forme whereof differeth
from the other, because it hath
not these words: Quare vi &
armis, &c. and this see in Fitzh.
nat. br. fol. 85. G. The other
is termed a writ of trespasse
vpon the case, which is to be
siewed in the common
Bank, or the Kings Bench, in
which are alwaies vsed these
words vi & armis, &c. And of
this you haue Fitzh. nat. br.
fol. 92. E. See Trespas. See the di­
uers use of this writ in the Re­
gister originall , in the table. 

Transcript, anno 34. & 35. H.
8. cap. 14. is the copy of any o­
riginall writen againe or ex­
emplified. 

Transcripto Recognitionis factæ
coram Iusticiariis itinerantibus, &c.
 is a writ for the certifiing of a
Recognisance, taken before Iu­
stices in Eire, into the Chaun­
cery, Register orig fol. 152. b. 

Transcripto pedis finis levati
mittendo in Cancellariam , is a writ
for the certifiing of the foote
of a fine leuied before Iustices in
Eyre, &c. into the Chauncerie,
eodem. fol. 169. & Register Iudici­
all, fol. 14. 

Travers , commeth of the French 
(Traverser. i. transfigere) It sig­
nifieth in our common lawe
sometime to denie, sometime to
ouerthrow, or vndoe a thing
done. Touching the former
signification take these words in
Wests symbol. parte 2. titulo Chaun­
cery, sect. 54. An answer
(saith he, speaking of an answer
to a bille in Chauncerie) is that,
which the Defendant pleadeth
or saith in barre to avoide
the plantiffes bille, or action,
either by confession and avoi­
ding, or by denying and traver­
sing the materiall parts thereof.
And againe, sectio. 55. A replicati­
on is the plaintiffes speech or
answer to the Defendants an­
swer, which must affirme and
persiew his bille, and confesse









and auoide, deny or traverse the
Defendants answer. And the
formall words of this trauers are
in Lawyers French (sans ceo) in
Latine (absque hoc) in English
(without that.) See Kitchin fol.
227. titulo Affirmatiue & Nega­
tiue. In the second signification
I find it in Stawnfords prærog. cap.
20. through the whole chapter,
speaking of trauersing an office:
which is nothing else, but to
proue, that an inquisition made
of goods or lands by the Esche­
tour, is defectiue and vntruly
made. So trauersing of an Indite­
ment, is to take issue vpon the
chiefe mater thereof: which is
none other to say, then to make
contradiction, or to deny the
point of the Enditement. As in
presentment against A. for a
high way ouerflowne with wa­
ter for default of scowring a
ditch, which he and they, whose
estate he hath in certain land
there, haue vsed to scower and
cleanse. A. may trauerse either
the mater, viz. that there is no
high way there, or that the
ditch is sufficiently scowred:
or otherwise he may trauers the
cause, viz that he hath not
the land, &c. or that he and they
whose estate, &c. haue not vsed
to scoure the ditch. Lamb. Ei­
renarcha. lib. 4. cap. 13. pag. 521
522. Of Trauers see a whole
chapter in Kitchin, fol. 240. See
the new booke of Entries. verbo ,
Trauers. 

Treason (traditio, vel proditio)
 commeth of the French, trahison ,
i. proditio) and signifieth an of­
fence committed against the
amplitude and maiestie of the
commonwealth. West parte 2.
symbol. titulo Inditements. sect. 63.
by whom it is there diuided into
High treason, which other call
altam proditionem , and petit
treason. High treason he defineth
to be an offence done against
the securitie of the common
wealth, or of the Kings most ex­
cellent Maiestie: whether it be
by imagination, word, or deed:
as to compasse or imagine trea­
son, or the death of the Prince,
or the Queene his wife, or his
sonne and heyre apparent, or to
deflowre the Kings wife, or his
eldest daughter vnmaried, or his
eldest sonnes wife: or leuie war
against the King in his Realme,
or to adhere to his enemies, ay­
ding them, or to counterfeit
the Kings great Seale, priuie
Seale, or money, or wittingly
to bring salfe money into this
Realme counterfeited like vn­
to the money of England , and
vtter the same: or to kill the
Kings Chaunceler, Treasurer, Iu­
stice of the one bench, or of the
other, Iustices in Eyre , Iustices of
Assise, Iustices of oyer and termi­
ner , being in his place, & doing









of his office. anno 25. Ed prim.
ca. 2. or forging of the Kings
seale manuell, or priuy signet,
priuy seale, or forrein coine cur­
rent within the Realme anno 2.
Mar. cap. 6. or diminishing or
impairing of money current, an.
5. Elizab. ca. 1 1. & anno 14. El.
ca. 3. & 18. Elizab. ca. pri. and
many other actions which you
may read there and in other
places particularly expressed.
And in case of this treason a man
forfeiteth his lands, and goods to
the King onely. And it is also
called treason Paramount. anno
2 5. Ed. 3. cap. 2. The forme of
Iudgement giuen vpon a man
conuicted of high treason is this.
The Kings Sergeant after the
verdict deliuered, craueth Iudge­
ment against the prisoner in the
behalfe of the King. Then the
Lord Steward (if the traitour
haue bene noble) or other Iudge
(if he be vnder a peere) saith
thus: N. Earle of P. For so much
as thou before this time hast
bene of these treasons indited,
and this day arraigned for thee
same, and put thy selfe vpon
God and thy peeres, and the
Lords thy peeres haue found thee
guilty, my Iudgement is that
thou shalt from hence be con­
ueied vnto the Tower of Lon­
don, whence thou camest, and
from thence drawne through the
middest of London to Tiburne ,
and there hanged: and liuing
thou shalt be cut downe, thy
bowels to be cut out and burnt
before thy face, thy head cut off,
and thy body to be diuided in
foure quarters, and disposed at
the Kings Maiesties pleasure:
and God haue mercy vpon
thee.

Petit treason is rather descri­
bed by examples, then any where
logically defined: as when a ser­
uant killeth his master, or a wife
her husband, or when a secular
or religious man killeth his pre­
late, to whom he oweth faith and
obedience. And in how many o­
ther cases petit treason is com­
mitted. See Cromptons Iustice of
peace. And this maner of treason
giueth forfeiture of Escheats to
euery Lord within his owne fee
anno 25. Ed. 3. cap. 2. Of treason
see Bracton lib. 3. tract. 2. cap. 3.
nu. pri. & 2. Treason compriseth
both high and petit treason anno
2 5. Ed. 3. stat. 3. cap. 4. 

Treasure troue (Thesaurus in­
uentus) is as much as in true
French (Tresor trouuè). i. treasure
found: and signifieth in our com­
mon law, as it doth in the Ciuile
law, id est, veterem depositionem
pecuniæ, cuius non extat memoriæ,
vt iam dominum non habeat. l. 31
§. prim. π. de acquir. rerum Dom.
Neere vnto which definition
commeth Bracton. lib. 3. tract.
2. cap. 3. num. 4. And this trea­









sure found, though the ciuill
lawe do giue it to the finder,
according to the lawe of na­
ture; yet the lawe of England ,
giueth it to the King by his pre­
rogatiue, as appeareth by Bra­
cton vbi supra. And therefore
as he also saith in the sixth
chapter, it is the Coroners office
to enquire therof by the coun­
trie to the Kings vse. And Stawn.
pl. cor. lib. pr. cap. 4 2. saith, that
in auncient times, it was doubt­
full, whether the concealing of
treasure found were felonie, yea
or not: and that Bracton calleth
it grauem præsumptionem, & qua­
si crimen furti. But the punish­
ment of it at these dayes, as he
proueth out of Fitzh. Abridg­
ment. pag. 187. is imprisonment,
and fine, and not life and mem­
ber. And if the owner may any
way be knowne, then doth it
not belong to the kings prero­
gatiue. Of this you may reade
Britton also, cap. 1 7. who saith,
that it is euery subiects part, as
soone as he hath found any trea­
sure in the earth, to make it
knowne to the Coroner of the
countrie, or to the Bayliffes, &c.
See Kitchin also, fol. 40. 

Treasurer, thesaurarius , com­
meth of the French (tresorier) i.
quæstor, præfectus fisci) and signifi­
eth an Officer, to whom the trea­
sure of another, or others, is
committed to be kept, and truly
disposed of. The chiefest of
these with vs, is the Treasurer
of England , who is a Lord by
his office, and one of the grea­
test men of the land: vnder whose
charge and gouernment is all
the Princes wealth contained
in the Exchequer, as also the
checke of all Officers any way
employed in the collecting of
the Imposts, tributes, or other
reuenewes belonging to the
Crowne. Smith de Repub. An­
glor. lib. 2. cap. 14. more be­
longing to his office, see ann. 20
Ed. 3. cap. 6. & anno 31. H. 6.
cap. 5. & anno 4. Ed. 4. cap. pri.
& anno 17. eiusdem. cap. 5. &
anno prim. R. 2. cap. 8. & anno 21.
H. 8. cap. 20. & anno prim. Ed. 6.
cap. 13. Ockams Lucubrations af­
firme, that the Lord chiefe Iu­
stice had this authoritie in times
past: and of him hath these
words: Iste excellens Sessor omni­
bus, quæ in inferiore vel superiore
scacchio sunt, prospicit. Ad nutum
ipsius quælibet officia subiecta dispo­
nuntur: sic tamen vt ad Domini Re­
gis vtilit atem iuste perueniant. Hic
tamen inter cætera videtur excel­
lens, quod potest his sub testimonio
suo breve Domini Regis facere
fieri, vt de thesauro quælibet sum­
ma liberetur, vel vt compu­
tetur quod sibi ex Domini Regis
mandato prænouerit computandum,
vel si maluerit, breve suum sub alio­
rum testimonio faciet de his rebus.









This high Officer hath by ver­
tue of his office at this day, the
nomination of the Escheatours
yeerely throughout England ,
and giueth the places of all cu­
stomers, controllers, and sear­
chers in all the ports of the
Realme. He sitteth in the che­
quer chamber, and with the
rest of the court, ordereth things
to the Kings best benefite. He
with the Barons may by statute
stall depts of three hundred
pounds and vnder. And by
commission from his maiestie,
he with others ioyned with
him, letteth leases for liues or
yeares, of the lands that came
to the Crowne by the dissolu­
tion of Abbeys. He by his of­
fice giueth warrant to certaine
men to haue their wine without
impost. He taketh declaration
of all the money payed into the
Receipt of the Exchequer, and
of all Receiuers accompts.

Then is there a Treasurer of
the kings houshold, who is al­
so of the priuie Councell, and
in the absence of the Steward of
the Kings houshold, hath power
with the Controller and the Ste­
ward of the Marshalsea, with­
out commission to heare and de­
termine treasons, misprisions of
treasons, murder, homicide, and
bloudshed, committed within
the Kings pallace. Stawnf. pl.
cor. lib. 3. cap. 5. In the statute
anno 28. Rich. 2. cap. 18. & anno
11. H. 7. cap. 16. mention is
made of the Treasurer of Calis.
In Westm. 2. cap. 8. of the Trea­
surer of the Exchequer. & anno
27. Ed. 3. stat. 2. cap. 18. & ann.
35. Eliz. cap. 4. Of the Treasu­
rer of the Nauie, or Treasurer of
the warres or garrisons of the
Nauie. anno 39. El. cap. 7. Trea­
surer of the Kings chamber.
anno 2 6. H. 8. cap. 3. & anno 33
eiusdem cap. 39. Treasurer of the
warres. anno 7. H. 7. cap. prim.
anno 3. H. 8. cap. 5. Treasurer
of the Chauncerie. West. parte
2. symbol. titulo Fines. sect. 1 52.
Treasurer of the Kings Ward­
robe. anno 1 5. Ed. 3. stat. prim.
cap. 3. & anno 2 5. eiusdem, stat.
5. cap. 21. whose office you haue
well set foorth in Fleta, lib. 2.
cap. 14. Treasurer of the Coun­
tie for poore souldiers. anno 35.
Eliz. cap. 4. And most corpora­
tions through the kingdome,
haue an officer of this name,
that receiueth their rents, and
disburseth their common ex­
pences. 

Treate commeth of the French
(traire. i. emulgere) and signifieth
in the common lawe, as much as
taken out , or withdrawne. As a Iu­
rour was chalenged, for that hee
might not dispend 40. pounds,
and for that cause he was treate
by the Statute. old na. br. fol. 159.
that is, remoued or discharged.









Breade of treate, anno 51. H. 3.
Statute of breads, &c. what it
signifieth, I cannot learne. 

Trespas (Transgressio) is a
French word signifiing as much
as Mors, obitus, excessus. The rea­
son whereof I take to be, because
in interpretation it is a passage
from one place or estate to
another: for in Britton, cap. 29. I
find trespassants for passengers. In
our common law and language,
it is vsed for any transgression
of the lawe, vnder treason, fe­
lonie, or misprision of treason, or
of felonie, as may be gathered
out of Stawnf. pl. cor. fol. 38.
where he saith, that for a Lord
of the Parlament to depart from
the Parlament without the kings
licence, is neither treason ner fe­
lonie, but trespasse. And againe,
fol. 31. saying, that where it was
wont before the statute made
anno prim. Ed. 2. called Statutum
de frangentibus prisonam , that the
breach of prison was felonie, if
it were the Kings prison: it is
sithence but trespasse, except the
prisoner were committed for
felonie. But it is most com­
monly vsed for that wrong or
dammage, which is done by a
priuate man to the King, as in
his Forest, pl. cor. lib. 2. cap. 18.
or to another priuate man. And
in this signification it is of two
sortes: trespasse generall, other­
wise termed, trespasse vi & ar­
mis : and trespasse especiall, other­
wise called trespasse vpon the
case. And this seemeth to be
without force. Termes of the
Lawe. Action vpon the case, as
appeareth by Kitchin, fol. 176.
The former I take to be called
generall, because it riseth from
that generall ground in lawe,
that whatsoeuer is done by any
priuate mans humour vi & armis ,
is an offence. The later I call e­
speciall, because Kitchin calleth
the other generall: and another
reason may be this, because it
springeth from a particular case
or fact, not conteined vnder any
other generall head. And the a­
ction lying for this trespasse, is
otherwise called an action vpon
the case, as may be gathered out
of diuers places vnder the title
Trespasse , in Brookes his Abridge­
ment. How to distinguish the
forme of these writs or actions,
See Fitz. nat. br. fol. 86. I. & 87.
H. I. In an action of trespasse,
this is perpetuall, that the plain­
tiffe sieweth for dammages, or
the valew of the hurt done vn­
to him by the Defendant. It
seemeth an hard thing to distin­
guish these two kinds of tres­
passes so, as to be able to say
when it is a trespasse vi & armis ,
and when vpon the case: as may
well appeare to him that shall
peruse this title in Brooke. But
this is to be left to the experience









of graue and skilfull pleaders. I
find moreouer in Kitchin, fol. 188
that there is a trespasse locall , and
trespasse transitorie: trespasse locall
is that, which is so annexed to a
place certaine, as if the Defen­
dant ioyne issue vpon the place,
and trauers the place, onely by
saying, Absque hoc , that he did
the trespasse in the place men­
tioned in the declaration, and a­
verre it, it is enough to defeate
the action. Trespasse transitorie is
that, which cannot be defeated
by the defendants trauers of the
place, saying: without that I com­
mitted the trespasse in the place
declared: because the place is
not materiall. Examples of both
you haue set downe by Kitchin ,
in the place aboue named, to this
effect: trauers by (Absque hoc) of
trespasse in batterie, or goods
brought in, is transitorie, and
not locall: as it is of trees cut, or
herbes.

And therefore in trespasse
transitorie the place shall not
make issue, neither is it trauersa­
ble: no more then is a trespasse
vpon a case of an Assumption.
B racton in his fourth booke, cap.
34. num. 6. diuideth transgressionem
in maiorem & minorem : which
place reade. See also great di­
uersitie of trespasses in the new
booke of Entries. verbo Tres­
passe. 

Triall (triatio) is vsed in our
common lawe, for the examina­
tion of all causes ciuill or crimi­
nall, according to the lawes of
our Realme. Of this word Stawn.
pl. cor. lib. 2. cap. 26. writeth to
this effect. There was a statute
made prim. & secund. Philip. &
Mar. cap. 10. to this purpose.
And be it furder enacted by
the authoritie aforesaid, that all
trials hereafter to be had, awar­
ded or made for any treason, shal
be had and vsed according to
the due order and course of the
common lawes of this Realme,
and not otherwise, &c. By this
word (triall) saith Stawnf. in that
place, some vnderstand as well
the inquest that indicteth a man,
as the enquest vpon the arraign­
ment, that attainteth or acqui­
teth him. For these two make
but one entire triall, that euery
man is to haue, when he is im­
peached of treason. But others
haue answered to this, that triall
in common speech, is the triall
that a man is to haue, after he is
indicted, and not before. For in
lawe the inditement is nought,
but the accusation against him,
which he is to make answer vnto
and that being tried, it either
attainteth, or acquiteth him. So
that the triall is the issue, which
is tried vpon the Inditement, &
not the Inditement it selfe. For
that is no part of the thing
which trieth, but the thing which









is tried, and the offence. And
so is this word Triall vnder­
stood in the statute, anno 33. H.
8. cap. 23. where it saith thus.
must be indighted within the
shires or places, where
they committed their offences,
and also tried by the Inhabi­
tants, or feeholders. So he put­
teth a difference betwene In­
ditement and Triall, as he
doth also afterward in these
words: There to be indited and
tried of their offences, &c. Thus
far : Stawnf. Sir. Tho. Smith de Rep.
Anglo. li 2. ca 5. saieth, that by
order and vsage of England,
there are three trialls, that is. 3.
waies and maners, whereby ab­
solute, and definite Iudgement is
giuen: by Parlament, which is
the highest, and most absolute.
by battell and great Assise:
which he seuerally describeth in
3. chapters folowing, though
not so fully as the thing requi­
reth. But of the great Assise, he
speaketh at large in the 23.
chapter of the same booke. And
of these trials see more in
Stawnf, pl. cor. lib. 2. cap. pri. 2. & 3.
whereof he deuideth the great
Assise into two sorts: one pro­
per to Barons of the Parlament,
which is by 20. or 18. of their
Peeres: the other common to
others of lower condition,
which is by 12. men, that be
neighbours to the place where
the offence was committed,
And of those you may read him
at large in the saide chapters
there following. See Twelue men.
See the new booke of Entrise. verbo.
Triall. 

Trihing (Trihinga, vel Tri­
thinga) seemeth by a place in
Edward the confessours lawes,
set out by M. Lamberd, nu. 34.
to be the third part of a shire
or prouince, otherwise called
(Leth) which we now call
(Leete). The same lawe doth M.
Camden also mention, pag. 102.
& 103. This court is aboue a
court Baron, and inferiour to
the Shire, or countie. This word
is also vsed in the sentence of
excommunication vpon the
great Charter and charter of
the Forest. denounced in the
daies of Edward the first, as it
is latined in the booke called
pupilla oculi. parte 5. cap. 22.
A. I. in these words: Visus au­
tem de franco plegio sic fiat, sc:
quod pax nostra teneatur, &
quod Trihinga integra sit, sicut es­
se consueuit, &c. Of this Fleta
lib. 2. cap. 61. § final. writeth thus;
Sciendum est quod aliæ potestates
erant super Wapentakia, quæ Tritin­
ga dicebantur, eo quòd erat tertia
pars prouinciæ, qui verò super eas do­
minabantur, trithingreves voca­
bantur, quibus deferebantur causæ
quæ non in Wapentakiis poterant de­
finiri in Schiram Sicque quòd vocatur









Hundredum, iam per variationem
locorum & idiomatis, Wapenta­
kie appellatur, & tria vel quatuor
vel plura Hundreda solebant tri­
thinga vocari: & quod in trithingis
non poterant diffiniri in shiram. i.
in comitatum deferebatur termi­
nandum. Modernis autem temporibus
pro vno & eodem habertur apud ho­
mines Hundreda Wapentakia &
trithinga Learne whether those
diuisions in Yorke-shire called
ridings, be not quasi trithings. Of
this Roger Houeden parte post.
suorum annal. fo. 346. b. hath the
same words in effect. not found in OED as headword

Treswell of double soled shooes,
anno 2. & 3. Ed. 6. cap. 9. which
as I haue heard should rather
be written creswel, signifieth
the broad edge or verge of the
shoe sole round about. 

Trinitie house , is a certaine
house at Deptford which belon­
geth to a companie or corpo­
ration of sea-faring men that
haue power by the Kings Char­
ter to take knowledge of those
that destroy sea markes, and
to redresse their doings, as al­
so to correct the faults of say­
lers, &c. and to take care of di­
uers other things belonging
to nauigation and the seas
v. anno 8. Elizab. ca. 13. & anno
35. eiusdem, ca. 6. 

Trink , is a kind of net to fish
withall. anno 2. H. 6. cap. 15. 

Triours , be such as be chosen
by the court to examine whe­
ther a challenge made to the
panell, or any of the panell, be
iust yea, or not. Brooke titulo. Cha­
lenge. f. 122. & ould no. br. f. 158. 

Tritis, aliâs Tristis , is an im­
munitie from that attendance,
in the forest, whereby euery
man dwelling in the forest, is
tyed to be readie, houlding of a
Greyhound, when the Lord of
the Forest is disposed to chace
within his Forest, at such place
as he shall be appointed, or els
to be amerced for his default.
Manwood parte pri. of his forest
lawes. pag. 86. and Cromptons
Iurisdict. fol. 19 2. & 19 7. 

Tronage (Tronagium) is a kind
of tolle, Westm. 2. cap. 25. anno
13. Ed. 1. taken (as it seemeth)
for weying. For I find in Fleta
li. 2. cap. 12. §. Item vlnas that
trona is a beame to weigh with.
See Weight.

Trover , commeth of the
French (Trouver. i. Invenire) It
signifieth in our common lawe,
an action which a man hath a­
gainst one that hauing found a­
ny of his goods, refuseth to de­
liuer them vpon demaund. See the
new book of Entries ver. Trover. 

Troy weight (Pondus Troiæ) See
Weight.

Tumbrell (Tumbrellum) is an
engine of punishment, which
ought to be in euery libertie
that hath view of frank pledge,









for the coertion of skowldes
and vnquiet women. Kitchin. fo.
13. a. Newe booke of Entries.
Franchise 2. & Quo warranto. 1.
See Cucking stoole.

Tunne , is a measure of oile or
wine conteining twelue score
and twelue gallons, anno 1.
R. 3. cap. 1 2. that is 4. hogs­
heads. 

Tunnage. See Tonnage.

Turbarie (Turbaria) is an in­
terest to digge turves vpon a
common. Kitchin, fol. 94. old.
nat. br. fol. 70. It commeth of
the rude Latine word (Tur­
ba) which is vsed for a turfe.
Lynd, in provin. de decimis cap. fi­
nali. 

Turmerick (Turmerica) is a
certaine roote of an herb grow­
ing in Arabia , as I haue bene in­
formed, very wholsome for di­
uers diseases in horses, and some­
time vsed for man also in the case
of ieandes. It is reckoned among
the garbleable drugs anno 1. Iaco.
ca. 19. 

Turne (Turnum) is the Shy­
reeues court kept euery yeare
twice: once after Easter, and a­
gaine after Micheelmas. Magna
charta cap. 35. and that within
one moneth after each feast, anno
3. Ed. 3. c. 15. from this court are
exempted onely, Archbishops,
Bishops, Abbots, Priors, Earles,
Barons, all religious men, and
women, and all such as haue
Hundreds of their owne to be
kept. And these are not bound
to appeare there except their ap­
parence be especially required
vpon some extraordinary cause,
anno 25. H. 3. cap. 10. and Brit­
ton, cap. 29. It seemeth to be cal­
led the Shyreeues Turn of the
French word (Tour. i. ambitus.
circuitus, vicissitudo) and is of
Britton called Tour, cap. 6 1. sub fi­
ne capitis , as if we would say
(The Shyreeue his course) for
(as Britton noteth in the said 29.
chapter) that which before the
Shyreeue, is called the Shyreeues
Turne, is called in the court of
Fraunchises and Hundreds, the
view of Frank-pledge: wherein
inquirie is especially made of
such as be not in any dozin.
with whome Fleta agreeth:
And by Fleta it appeareth that
this Turn was the Shyreeues
course to keepe his court in e­
uery Hundred. lib. 2. cap. 5 2. in
princip. So that as the inferiour
courts had their times to take
knowledge of those, and other
causes belonging to their cog­
nisance: So the Shyreeue had his
course or turne to doe the like
at these two seuerall seasons.
That if there were any defects
in them, it might be redressed
in these, and Gods peace and
the Kings so much the more
carefully obserued. This, as
Lamberd saith, was of old called









also the Shyreeues moote, lib.
4. cap. 4. In this court (as Britton
saith vbi supra) the Shyreeue
causeth to be found out 1 2. of
the most sage, loyall and suffi­
cient men of all the Hundred
(for he kept his turne twice
every yeare in each Hundred.
Magna charta, cap. 35. & Brit­
ton vbi supra) whome he char­
ged vpon their oathes, to pre­
sent the truth touching the ar­
ticles ministred vnto them, and
set downe by Britton in the
same chapter. This done he put
all other to their oathes, accor­
ding to their dozins and villa­
ges, truly to present vnto the
former twelue all things con­
cerning such articles, as by
them they should be asked of.
But sithence the Hundred courts
are all called to the county by
the statute anno. 14. Ed. 3. cap. 3.
Statut. pri. these Turnes be like­
wise kept in one cheife place of
euery shire, and not seuerally in
euery Hundred, as before they
were. Of this you may reade
more in Britton or in Cromptons
Iurisdiction fol. 230. and in the
Mirrour of Iustices, lib. pri. cap. de
Turnes. 

Turney (Torneamentum) com­
meth of the French (Tournoy. i.
Decursorium) It signifieth a mar­
tiall exercise of Knights or
Souldiers fighting one with a­
nother in disport, and is thus
defined. cu: felicis Extra de Tor­
neamentis Torneamenta diountur
Nundinæ vel feriæ, in quibus milites
ex condicto conuenire, & ad osten­
tationem virium suarum, & auda­
ciæ, temerè congredi solent. This
word is vsed in the statute, an­
no. 24. Henric. octau. capit.
13. and as I haue heard,
it signifieth with vs in England
those combats, that are made
with arming swords on horse­
backe. And I thinke
the reason of the name to
proceede from the French
(Tourner. i. vertere) because it
consisteth much in agilitie both
of horse and man. 

Turno vececomitum , is a writ,
that lyeth for those that are cal­
led to the Shyreeues turne out of
their owne Hundred. Register o­
rig. fol. 1 74. 

Tuain nithes gest. (hospes dua­
rum noctium) Roger Houeden, par­
te poster suorum annalium, fol. 345.
b. who if he did harme to any,
his hoste was not aunswerable
for it, but himselfe. See Thrid ni­
thes hawan man. 

Twelue men (Duodecim homines
legales) is a number of twelue
persons, or vpwards to the num­
ber of 24. by whose discretion
all tryals passe both in ciuill and
criminall causes, through all
courts of the common law in
this Realme. First for ciuile cau­
ses, when proofe is made of the









mater in question, as the parties
and their councell thinke good,
on both sides, the point of the
fact, that they are to giue their
verdict of, is deliuered likewise
vnto them, which we call the
issue: and then are they put in
minde of their oath formerly
taken, to doe right betweene
party and party, and so sent out
of the court seuerally by them­
selues to consider vpon the evi­
dence of both sides, vntill they
be agreed; which done they re­
turne to the court againe, and
deliuer their verdict by the
mouth of the foreman. And ac­
cording to this verdict, Iudge­
ment afterward passeth, either
condemnatorie for the plantife,
or absolutory for the Defen­
dant. These 1 2. be called 12.
milites. Glanuile, lib. 2. cap. 14. &
15. and so be they in Bracton
diuers times: but that word is
altered.

In causes criminall there be
two sorts of Enquests, one called
the graund Enquest, and the
other the Enquest of life and
death. The graund Enquest is so
called, either because it con­
sisteth commonly of a greater
number then 12. as of 2 4.
1 8. or 16. at the least, or els
because all causes criminall or
penall first passe through them:
whereas the other Enquest is e­
specially appointed for one or
few maters touching life and
death, committed to their consi­
derations. Those of the grand
Enquest are also called by Bra­
cton 12. milites lib. 3. tracta. 2.
cap. pri. nu. 2. because they were
wont to be Knights, as it see­
meth, and not inferiours, except
so many knights could not be
found. Idem eodem. num. 1. in fine.
And their function is to receiue
all presentments made vnto
them of any offence, and ac­
cordingly to giue their generall
opinion of the presentment by
writing either these words (Billa
vera) vpon the bille of present­
ment, which is an Inditement of
the party presented: or els this
word (Ignoramus) which is an
absoluing of him. Now as cri­
minall causes be of two sortes,
either capitall touching life and
member, or finable: so is there a
double course of these Indite­
ments. For in causes onely fina­
ble, the party indited must ei­
ther trauers the Inditement by
denying it and so it is referred to
a petit Iury, whereby he is either
conuicted or discharged of the
crime, or els he confessing it, the
court setteth his fine vpon his
head without more worke. But
in maters of life and death, the
party indited is commaunded to
hold vp his hand, & answer (guilty)
or (not guilty) if (guilty) he stan­
deth conuicted by his owne con­









fession: if (nor guilty) he is far­
der referred to the Enquest of
life and death: which consider
vpon the proofe brought a­
gainst the prisoner, and accor­
dingly bring in their verdict,
(Guilty) or (not Guilty) So is he
iudged to dye, or deliuered by
the court. Of this read more in
Inditement. Assise, Iury, See the
statute anno 35. H. 8. cap. 6. &
3 7. eiusdem cap , 22. & anno 2.
E d. 6 cap. 32. & an. 5. El. ca. 25. 


V

VAcation (vacatio) hath an
especiall signification in
this kingdome, being vsed for
all that time respectiuely which
passeth betweene terme and
terme at London. And when
such times begunne and ended
in our auncesters daies, see Roger
Hovedens annals parte posteriori fo.
343. a. where you shall find that
this intermission was called (pax
Dei & ecclesiæ.)

Vaccarie, aliâs vacharie (vac­
caria, aliâs vacheria) semeth to
be a house to keepe kine in,
Fleta lib. 2. cap. 41. §. Item inquira­
tur 12. and Cromptons Iurisd. fol.
194. in these words: without
warrant no subiect may haue
within the Forest a vacarie. But
in the statute anno 3 7. H. 8. cap.
16. I finde vacharie to be, as it
were a speciall proper name
of a certaine quantitie and com­
passe of ground within the fo­
rest of Ashedowne. 

Valewe (valentia, valor) The
word is in it selfe plaine enough:
But I cannot omitte one place
in M. West. parte. 2. symbol. titu­
lo Inditements, sect. 70. V. W. tou­
ching the difference betweene
value and price. These be his
words, And the value of those
things, in which offences are
committed, is vsually compri­
sed in Inditements, which see­
meth necessary in theft, to make
a difference from perit larce­
ny: and in trespas, to aggrauate
the faulte, and increase the fine.
But no price of things feræ na­
turæ , may be expressed, as of
deere, of hares &c. if they be
not in Parks and warrens, which
is a liberty anno 8. Ed. 4. fol. 5.
nor of charters of land. And
where the number of the things
taken are to be expressed in
the Inditement, as of yong
Doues in a Doue house, yong
haukes in a wood, there must be
saide (pretii) or (ad valentiam)
but of diuers deade things (ad
valentiam) and not (pretii) of
coine not current, it shalbe
(pretii) but of coine current, it
shall neither be saide (prety)
nor (ad valentiam) for the
price and value thereof is cer­
taine. But of counnterfeit coine,
shall bee said (ad valentiam) and
in couterfeiting of coine shall
not be said (decem libras in dena­









riis Dominæ Reginæ) nor (in pecu­
nia Dominæ Reginæ) but (ad instar
pecuniæ Dominæ Riginæ). 

Valour of mariage (Valore ma­
ritagii) is a writ that lyeth for
the Lord, hauing profered co­
venable mariage to the Infant,
without disparidgement, against
the Infant, comming to
his yeares, if he refuse to
take the Lords offer. And it is
to recouer the value of the
mariage, Regist. orig. fol. 16 4. old.
nat. br. fol. 90. 

Variance , commeth of the
French (varier. i. alter are) it signi­
fieth in the common lawe, an al­
teration, or change of condition
after a thing done. For exam­
ple, the communality of a towne
make a composition with an Ab­
bot. Afterward this towne by a
graunt from the king obteineth
Bayliffes. This is a variance, and
in this case, if the Abbot commence
any suite for breach of the com­
position, he must varie from the
words of the communalty set
downe in the Composition, and
begin against the Bayliffes and
the Communalties. Brooke tit.
Variance. fol. 292. It is also vsed
for an alteration of some thing
formerly laide in a plee, which
is easilier knowne what it is,
then when it may be vsed as it
appeareth by Brooke through
the whole title aforesaide: See
variance in the newe booke of
Entries. 

Vassall, (vassallus) signifi­
eth him, that holdeth land in
fee of his Lord, Hot. verbo Feu­
dal : we call him more vsually
a tenent in fee: whereof some
owe fidelitie and seruice, and are
called vassalli iurati: some that
owe neither, and are called vas­
salli iniurati. But of this later
sort, I thinke that in England
we haue not any. Of these thus
writeth Hotoman in his dispu­
tations vpon the Feuds, cap. 3.
Propriè is vassa dicitur, qui ab Impe­
ratore regale feudum accepit, vas­
sallus autem'ϖοχοριςικῶς di­
minutivo nomine qui ab illo feudale
beneficium adeptus est: quasi
qui in vassi fide & clientela est. &c.
M. Skene de verbor. signif. verb.
Ligentia , saith, that vassallus is
diuided into homologum, & non
homologum. Homologus is he that
sweareth seruice with exception
of a higher Lord: and non ho­
mologus , is he that sweareth with
out exception, all one with Li­
geus. And the same author verb.
Vassallus , saith, that it is vassal­
lus, quasi bassallus, id est, inferior
socius. From the French (bas. i.
humilis, dimissus) and the Dutch
word (gesel. i. socius:) his reason
is, because the vassall is inferior
to his master, and must serue
and reuerence him: and yet he
is in maner his companion, be­
cause each of them is obliged









one to the other. He saith farder
out of Cuiacius, lib. prim. de Feud.
that leades, leodes, fideles, homines
nostri, feudatarii, ministeriales, be­
neficiarii, beneficiati, vassalli , sig­
nifie almost all one thing
And a litle after he saith thus: In
the lawes of the Feuds, vassallus
is called fidelis, quia fidelitatem iu­
rat. Amongst vassals the first
place of dignitie is giuen to
them, that are Duces, Marchio­
nes, Comites , and are called Ca­
pitanei Regni. The second is gran­
ted to Barons and others of like
estate, and are called Valvasores
Maiores. The third to them
who are called Gentlemen or
Nobles holding of Barons, which
also may haue vnder them vas­
sals that be Gentlemen. And
such vassals holding in chiefe
of Barons, are called Valvaso­
res minores And they which hold
of Gentlemen, are called vas­
salli, valvassini, seu minimi valva­
sores. But in this Realm (he spea­
keth of Scotland) they that hold
of Barons, are called Milites , and
they that hold of them, are cal­
led subvassores. Thus farre M.
Skene. 

Vasto , is a writ that lyeth for
the heire against the tenent for
terme of life or of yeares, for
making waste, or for him in the
Reuersion or Remainder. Fitzh.
nat. br. fol. 55. Regist. orig. fol. 7 2.
& 76. and Regist. Iudic. fol. 17.
21. 23. & 69. v. anno 6. Ed. pri.
cap. 5. 

Vavasour (vavasor, aliâs, valva­
sor) is one that in dignitie is
next vnto Baron. Camden Britan.
pag. 109. Bracton lib. prim. cap. 8
saith thus of this kind of men.
Sunt & alii potentes sub Rege, qui
dicuntur Barones, hoc est, robur
belli: sunt & alii qui dicuntur Va­
vasores, viri magnæ dignitatis.
Vavasor enim nihil meliùs dici po­
terit, quam vas sortitum ad vale­
tudinem. Iacobutius de Franchis in
præludio Feudorum. tit. prim. num.
4. &c. calleth them valvasores ,
and giueth this reason of it:
Quia assident valvæ i. portæ Domi­
ni in festis, in quibus consueuerunt
homines curtizare & eis reueren­
tiam exhibere, propter Beneficium
eis collatum, sicut libertus patrono:
M. Camden. in his Britan. pag.
10 8. hath these words of them.
Primus etiam Normannorum tem­
poribus, & Thani proximi à Comiti­
bus in dignitate censebantur. Et val­
vasores maiores (si illis qui de feudis
scribunt credimus) iidem fuerunt
Barones. 

Venditioni exponas , is a writ Iu­
diciall, directed to the Vnder­
shyreeue, commaunding him to
sell goods that he hath formerly
by commaundement taken into
his hands, for the satisfying of
a iudgement giuen in the kings
Court. Register Iudicial. fol.
3 3. b. 









Venire facias , is a writ Iudicall,
and goeth out of the Record,
lying where two parties plead
and come to issue. sc : vpon the
saying of the country. For then
the party plaintiffe, or Defen­
dant shall haue this writ directed
to the Shyreeue, that he cause to
come twelue lawfull men of the
same country, to say the truth
vpon the sayd issue taken. And
if the Enquest come not at the
day of this writ returned, then
shall goe a habeas corpora , and
after a distresse vntill they come.
old. nat. br. fol. 157. See how di­
uersly this writ is vsed in the ta­
ble of the Register Iudiciall. There
is also a writ of this name, that
is originall, as appeareth in the
R egister orig. fol. 2 00. b. which
M. Lamberd in his processes an­
nexed to his Eirenarcha saith to
be the common proces vpon a­
ny presentment not being felo­
ny, nor especially appointed for
the fault presented by statute.
Whereof he setteth downe an
example in the same place. See
also the new booke of Entries.
verbo Enquest fol. 2 5 3. columna. 1.
2. & 3. 

Venire facias tot matronas. See
Ventre inspiciendo. See Lamb. Ei­
renarcha, li. 4. ca. 1 4. pa. 5 32. 

Venew (vicinetum) is taken for
a neighbour or neare place. As
for example twelue of the Assise
ought to be of the same Venew
where the Demaund is made.
old. nat. br. fol. 115. and in the
statute anno 4. H. 4. ca. 26. &
anno 25. H. 8. ca. 6. I finde these
words: And also shall returne in
euery such panell vpon the (ve­
nire facias) sixe sufficient Hun­
dreders at the least, if there be so
many within the Hundred, where
the Venew lyeth. 

Ventre inspiciendo , is a writ for
the search of a woman that saith
shee is with childe, and thereby
withhouldeth land from him
that is the next heire at the com­
mon law. Register originall fol.
2 27. a. 

Verdour (viridarius) commeth
of the French (verdeur. i. Saltua­
rius, vel custos nemoris) he is (as
M. Manwood parte pri : of his fo­
rest lawes pag 332. defineth
him) a Iudiciall officer of the
Kings forest, chosen by the
King, in the full county of the
same shire, within the forest,
where he doth dwell, and is
sworne to maintaine, and keepe
the Assises of the forest, and also
to view, receiue, and inrolle, the
Attachments and presentments
of all maner of trespasses of the
forest of vert, and venison. And
the same authour vpon the first
artitle of Canutus charter, in the
beginning of the same part,
saith, that these in the Saxons
times were called (Pægened) be­
ing foure in number, and they









chiefe men of the forest as then
they were. Their fee was in
Canutus time, each of them euery
yeare of the Kings allowance,
two horses, one of them with a
saddle, another of them without
a saddle, one sword, siue Iaue­
lins, one speare, one shield, and
ten pounds in money. These
foure (as appeareth by the said
charter, nu. 11.) had regalem pote­
statem , and might proceede to a
threefold iudgement: And if a­
ny man offered them, or any of
them violence, if he were a free
man, he should loose his free­
dome, and all that he had: if a
villein, he should loose his right
hand. All the officers of the fo­
rest were to be corrected and
punished by them. ibidem, nu. 10.
The verdour is made by the
Kings writ. Cromptons Iurisd: fol :
165. the forme of which writ
you haue in Fitzh. nat. br. fol.
164. which is directed to the
Shyreeue for the choice of him
in a full County, by the as­
sent of the said County. Yet
if a verdour bee sodainely
sicke or dead at the time of
the Iustice seate, a new may be
chosen without a writ. Manwood
parte prim. pag. 72. the office is
(as Crompton saith) loco allega­
to) properly to looke to the vert,
and to see that it be wel main­
tained. Also when any forfei­
ture is taken in the Forest be­
fore the Foristers, or other mi­
nisters: the price thereof shall be
deliuered to the verdour, who is
to answer for it before the Iu­
stices in Eyre. And if he die, his
heire is chargeable therewith.
Crompton ibidem. The forme of
his oath at his admittance you
may see in Manwoods first part
of his Forest lawes. pag. 5 1. who
there calleth him verderour, aliâs,
verdictor. You shall truly serue
our Soueraigne Lord the King
in the office of a verderor of
the Forest W. you shall to the
vttermost of your power, and
knowledge, do for the profit of
the King, so farre as it doth
apperteine vnto you to do. You
shall preserue and maintaine the
auncient rights and franchises
of his Crowne: you shall not
conceale from his Maiestie any
rights or priuiledges, nor any
offence either in vert or venison,
or any other thing. You shall
not withdraw, nor abridge any
defaults, but shal endeuour your
selfe to manifest and redresse the
same, and if you cannot doe
that of your selfe, you shall
giue knowledge thereof vnto
the King, or vnto his Iustice
of the Forest. You shall deale in­
differently with all the Kings
liege people: you shall execute
the lawes of the Forest, and do
equall right and iustice, as well
vnto the poore, as vnto the rich









in that appertaineth vnto
your office: you shall not op­
presse any person by colour
thereof, for any reward, fauour
or malice. All these things you
shall to the vttermost of your
power obserue and keepe.
Their office is farder expressed,
eodem pag. 93. which is to sit in
the court of attachment, to see
the attachments of the Forest,
to receiue the same of the Fo­
resters and Woodwards, that
do present them, and then to
enter these Attachments into
their rolles. 

Verdict, (veredictum) is the an­
swer of a Iurie or Enquest made
vpon any cause ciuill or crimi­
nall, committed by the court to
their consideration or triall. And
this verdict is two-fold: either
generall or especiall. Stawnf. pl.
cor. lib. 3. cap. 9. A general ver­
dict is that, which is giuen or
brought into the Court, in like
generall termes to the generall
issue: as in an action of disseisin the
Defendant pleadeth, No wrong,
no disseisin. Then the issue is this
in generall, whether the fact in
question be a wrong or not. And
this committed to the Iurie, they
vpon consideration of their eui­
dence, come in and say, either
for the plaintiffe, that it is a
wrong, and disseisin: or for the
Defendant, that it is no wrong,
no disseisin. And againe, the pri­
soner at the barre pleading, Not
guiltie: the Enquest in like ge­
nerall termes bring in their ver­
dict, either for the King, Guilty,
or for the prisoner, Not guilty.
Aspeciall verdict is that, where­
by they say at large, that such
a thing, and such, they find to
be done by the Defendant, or
Tenent, so declaring the course
of the fact, as in their opinions
it is proued: and for the quali­
tie of the fact, they pray the dis­
cretion of the Court. And this
speciall verdict, if it containe any
ample declaration of the cause,
from the beginning to the end,
is also called a verdict at large.
Whereof reade diuers examples
in Stawnf. pl. cor. lib. 3. cap. 9. and
one or two in Litleton. fol.
78. & 79. See the new booke of
Entries, verb.   Verdict.

Verge (virgata) may seeme to
come from the French (verger
i. viridarium, hortus.) It is vsed
here in England for the com­
passe about the Kings court,
that boundeth the iurisdiction
of the Lord Steward of the
Kings houshold, and of the
the Coroner of the Kings house,
and that seemeth to haue bene
12. miles composse. anno 13. R.
2. Stat. prim. cap. 3. & Fitz. nat.
br. fol. 241. B. and Britton. fol. 68
b. 69. a. and Fleta lib. 2. cap. 2.
and Sir Edward Cookes Reports. li.
4. fol. 47. a. For this see the Sta­









tute anno 33. H. 8. cap. 12. to­
ward the end. But Fleta saith,
that this compasse about the
Court is called virgata, a virga,
quam Marishallus portat vt signum
suæ potestatis. lib. 2. cap. 4. § prim.
Verge hath also another signifi­
cation, and is vsed for a sticke,
or rodde, whereby one is ad­
mitted tenent, and holding it in
his hand sweareth fealtie vnto
the Lord of a maner: who for
that cause is called Tenent by
the verge. old nat. br. fol. 1 7. 

Vergers, (virgatores) be such as
cary white wands before the Iu­
stices of either banke, &c. Fletæ
lib. 2. cap. 38. otherwise called
Porters of the verge. 

Very Lord, and very Tenent (ve­
rus Dominus, & verus Tenens) are
they that be immediate Lord &
Tenent one to the other; Brooke.
titulo, Hariot. fol. 2 3. In the
old nat. br. and in the writ (Re­
plegiare de averits. fol. 42. I find
these words : And know ye
that in taking of leases, six things
are necessarie: that is to say, very
Lord and very tenent, Seruice
behind, the day of the taking,
seisin of the seruices, and within
his Fee. And know ye, that a
man is not very tenent, vntill
he haue atturned to the Lord by
some seruices. So that by Brooke ,
the very Lord, and the very
Tenent, must be immediate, and
by this booke there must be
an acknowledgement. See an.
19. H. 7. cap. 1 5. See  Tenent.

Vert, (viride) is made of the
French (verd. i. viridis) and sig­
nifieth with vs in the lawes of
the Forest, euery thing that doth
growe, and beare greene leafe,
within the Forest, that may co­
uer and hide a Deere. Manwood
in the second part of his Forest
lawes, fol. 6. a. and fol. 33. b.
(with whom also Crompton agre­
eth, fol. 170. of his Iurisd.) And
vert (as the same author saith,
eodem, fol. 34.) is diuided into
Ouer vert , and Neather vert. O­
uer vert , is that, which the Law­
yers call (Hault bois) and Nea­
ther vert , is that which they cal
(South bois.) And of this you
may reade him in his second
part of Forest lawes. cap. 6. per
totum. Where you shall find, that
he diuideth vert into generall,
and speciall : Generall is, as it is
aboue defined: vert speciall, is e­
uery tree and bush within the
Forest to feed the Deere withall:
as Peare trees, Crabtrees, Hau­
thornes, Blackbush, and such
like. And the reason of this
name is, because the offence of
destroying of such vert, is more
highly punished, then of any o­
ther, according to the quantity
thereof. eod ca. 6. nu. 2. fol. 35. a. 

Vervise , otherwise called
Plonkets. anno. 1. R. 3. cap. 8.
a kind of clothe. 









Vesses. anno 1. R. 3. cap. 8. &
anno 14. & 15. H. 8. cap. 11. o­
therwise called, Set clothes. 

Vesture (vestitura) is a French
word signifying a garment: but
in the vse of our common lawe,
turned metaphorically to beto­
ken a possession, or an admit­
tance to a possession. So it is ta­
ken, Westm. 2. c. 2 5. anno 13. Ed.
prim. And in this signification
is it borowed from the Feudists,
with whom (Investitura) signifi­
eth a deliuerie of possession
by a speare, or staffe, and vesti­
tura , possession it selfe. Hotoman.
in verbis feudal. verbo Investi­
tura. 

Vesture of an acre of land. an.
4. Ed. prim. stat. prim. is the pro­
sit of it. & anno 1 3. Edvard. 1.
cap. 2 5. 

Vice-treasurer of the Exchequer
1. Iacob. 2 6. See Vnder-treasurer
of England. See Treasurer of the
Exchequer. 

View of frank pledge, (visus
Franci plegii) is the office which
the Shyreeue in his Countie
court, or the Bayliffe in his Hun­
dred, performeth in looking to
the Kings peace, and seeing that
euery free man be in some
pledge. This is called of Bracton
li. 2. ca. 5. nu. 7. in fine, Res quasi
sacra, quia solam personam Regis
respicit, & quòd introductus sit pro
pace & communi vtilitate. eodem,
ca. 16. nu. 8. in fine. See frank
pledge , and Leete , and Decennier.
See the new booke of Entries.
verb: view of frank pledge. 

Veiours (visores) commeth of
the French (Veoyr . i. cernere, intu­
eri, de spicere, prospicere, videre) and
signifieth in our common lawe
those, that are sent by the court
to take view of any place in
question, for the beter descisi­
on of the right : old. nat. br. fol.
112. So doth Bracton, vse it,
lib. 5. tract. 3. cap. 8. per totum.
It signifieth also those, that are
sent to view such as essoine
themselues de malo lecti , whether
they be in truth so sicke, as they
cannot appeare, or whether
they counterfeit. Bracton lib. 5.
tracta. 2. cap. 10. & cap. 14. per
totum. Lastly it is vsed for those
that are sent or appointed to
view an offence, as a man mur­
deted, or a Virgin rauished. See
View.

Vicario deliberando occasione
cuiusdam Recognitionis, &c. is a
writ that lyeth for a spirituall
person imprisoned vpon forfei­
ture of a Recognisance, without
the Kings writ. Reg. orig. fol.
14 7. See statuto mercatorio contra
personam ecclesiasticam. 

Vicis & venellis mundandis , is
a writ that lyeth for a Maior
and Bayliffes of a towne, &c.
For the cleane keeping of their
streets. Register orig. fol. 267. b. 

View (visus) commeth of the









French (veue. i. visus, aspectus,
conspectus, prospectus) and signifieth
with vs, the act of viewers.
For (as the author of the Termes
of lawe saith) when any action
reall is brought, and the Tenent
knoweth not well what land
it is, that the Demandant asketh,
then he may pray the view: that
is to say, that he may see the
land, which is claimed: of this
Britton speaketh, cap. 4 5. This
point of proceeding we haue
receiued from the Normans,
as it appeareth by the Grand
custumarie. cap. 66. where you
shall reade to this effect.
It is to be knowne that
there bee diuers sorts of
viewes: one of a fee, another
of a man in sicknes, another of an
offence, as of a man slaine, or of
a Virgin deflowred: all which
he describeth in that place, and
againe, cap. 80. & 96. which are
worth the reading: this view
at this day is vsed in an Assise
of rent seruice, rent charge, or
rent seck. Fitzh. nat. br. fol. 178.
D. and in a writ de Curia clau­
denda. Idem, fol. 128. B. In a
writ of Nusance. Idem, fol. 183. L.
N. O. In a writ Quo iure. Idem. fol.
128. L. In the writ de rationalibus
diuisis. Idem. fol. 129. D. And in
the writ de secta ad moliendinum.
Idemf. 123. B. See the new booke
of Entries verbo : View. and see
Fleta how this view is made.
lib. 4. ca. 6. See Veiours.

Vicechamberlaine, called vn­
derchamberlaine anno 13. R. 2.
stat. 2. cap. 1. is a great officer
in court next vnder the Lord
Chamberlaine, and in his ab­
sence, hath the command and
controlment of all officers superi­
or & inferior whatsoeuer, apper­
taining to that part of his ma­
iesties houshold, which is called
the chamber, wherein is included
as well the bedde chamber, as
the priuy chamber, the presence
and the great Chamber, and
all other roomes, as galeries,
&c. thereto belonging, with
the Councell chamber, priuie
closet, &c. And in the Lord
Chamberlaines absence he kee­
peth his table in the great cham­
ber, commanding and oversee­
ing the attendance of all, to
whome it appertaineth to be
ready and waiting on his maie­
stie going to the chapell, or
to speake with ambassadours, or
els walking or riding forth. 

Vicount, aliâs Viscount (vice­
comes) commeth of the French
(vicompte. i. Procomes) and signi­
fieth with vs as much as Shy­
reeue. Betweene which two
words I finde no other diffe­
rence, but that the one com­
meth from our Conquerours
the Normans, and the
other from our Auncesters
the Saxons, wherefore see









more of this in Shyreeue. Vi­
count also signifieth a degree of
nobility next vnto an Earle, which
(as M. Cam. Brita. p. 107. saith) is
an old name of office, but a
newe one of dignitie, neuer
heard of amongst vs, vntill Hen­
ry the sixth his daies. But this
degree of honour is more aunci­
ent farre in other countries.
Cassan in gloria mundi, parte 5. con­
sid. 55. whome you may
reade. 

Vicountiel , is an adiectiue made
of vicountiè , and signifieth as
much, as belonging to the vicount;
as writs vicountiel are such writs
as are triable in the countie
or Shyreeues court. old. nat. br. fol.
109. Of this kinde you may
see diuers writs of Nusance set
downe by Fitzh. in his nat. br.
fol. 184. b. There be also cer­
taine fermes called Vicountiels,
which the Shyreeue for his
time payeth a certaine rent for
to the King, and maketh what
profit he can of them. See the
statutes, anno 33. & 34. H. 8. ca.
16. & anno 2. & 3. Ed. 6. ca. 4.
and anno 4. H. quint. capite
secund. 

Vi laica removenda , is a writ
that lyeth for the remooving of
forcible possession of a benefice
kept by lay men. And this writ
is graunted some time vpon the
Certificate of the Bishop into
the Chauncerie, that there is
such a force in his Dioces: some
time vpon a surmise made there
of by the Incumbent himselfe,
without the certificat of the Bi­
shop, and hath a seuerall forme
for either case. Fitzh. nat. br. fol.
54. Register orig. fol. 59. & 60. 

Villanis Regis subtractis redu­
cendis , is a writ that lieth for
the bringing back of the
kings bondmen, that haue beene
caried away by others out of
his maners, wherevnto they
belonged, Register origin. fol.
87. b. 

Villein (villanus) commeth of
the French (vilain. i. illiberalis,
impurus, vilis, turpis) and signifi­
eth in our common lawe a
bondman, or as much as Servus
among the Ciuilians. Of these
there be two sorts in England, as
Sir Tho. Smith saith in his repub.
Anglo. li. 3. cap. 8. one termed a
Villein in grosse, which is im­
mediately bound to the per­
sons of his Lord and his heires,
the other a villein regardant
to a maner, whome the Ciuili­
ans terme (Glebæ ascriptitium)
being bound to their Lord, as
members belonging and an­
nexed to such a maner, where­
of the Lord is owner. This di­
uision is affirmed by diuers
places of our common lawe
writers: as in the old. nat. br.
fol. 8. You haue these words.
Know ye that a woman shall









be indowed with a villein
in grosse, &c. and againe. fol. 39.
If a man doe menace or threa­
ten any villeins, which are regar­
dant to a maner, &c. Bracton
hath another diuision of villeins,
which is all one with the Ciui­
lians. For in his first booke, cap.
6. nu. 4. he saith thus : Serui autem
nascuntur aut fiunt , and then
thus goeth forward: Nascuntur
ex nativo & natiua alicuius copu­
latis vel solutis, sive sub potestate
Domini constituti sint, sive extra
potestatem. Item nascitur seruus, qui
ex natiua soluta generatur, quamvis
ex patre libero: quia sequitur condi­
tionem matris quasi vulgò concep­
tus, &c. And after diuers things
deliuered of this sort, he saith
againe thus : Fiunt etiam servi
liberi homines captivitate de iure
Gentium: &c. Fit etiam servus
liber homo pro confessionem in Curia
Regis factam: vt cum liber homo
sit in Curia Regis, & se cog­
noscat ad villanum. Item liber ho­
mo fit servus, si cum semel ma­
numissus fuerit, ob in gratitudinem in
seruitutem reuocetur. Item fit liber
homo seruus, cùm ab initio clericus
vel monachbus factus fuerit, postea
ad secularem vitam redierit. Quia
talis restitui debet Domino suo. v.
Tiraquellum de Nobilitate. cap. 2.
pag. 14. num. 54. In very many
provinces of Fraunce there be
certaine men called (homines ma­
nus mortuæ, qui tanta iuris simili­
tudine adscriptiis colonis coniuncti,
& prope iidem videntur. Non au­
tem serui sunt omnino, sed in terri­
torio domini sunt, tanquam alliga­
ti, non habenies demigrandi pote­
statem. Itaque serui corporis & pro­
secutionis vulgò dicuntur, quòd si
fugerint, potest eos prosequi domi­
nus & capere. Tributum antem isti
& nonnullas commoditates domino
præstant: in quibus hæc maxima,
quòd ipsis vita functis sine sobole,
succedit dominus vel ex toto
vel ex parte. Connanus. li. 2.
cap. 1 0. num. 3. whose words I
thought not vnfit for this place,
because they expresse the nature
of our villenage somthing aptly. 

Villein fleeces: anno 31. Ed. 3.
cap. 8. are fleeces of wolle
that are shorne from scabbed
sheepe

Vidimus, anno 15. H. 6. ca. 3. 

Villenage (Villenagium) com­
meth of (villein) and signifieth a
seruile kinde of tenure belon­
ging to lands or tenements; that
is, a tenure of lands or tene­
ments, by such a seruice, as vil­
leins are fittest to performe. For
euery one that houldeth in ville­
nage, is not a villein, or a bond
man. Villenagium vel seruitium
nihil detrabit libertatis, habita ta­
men distinctione, vtrum tales sixt vil­
lani, & tenuerint in villano soccagio
de dominico Domini Regis. Bracton,
lib. pri. ca. 6. nu. pri. Britton in his
66. chapter speaketh to this









effect. Villenage is a tenure of
the demesns of a Lord deliuered
to a Tenent at the Lords will, by
villenous seruices, to improoue
it to the Lords vse, and deliue­
red by the rodde, and not by a­
ny title of writing, or succession
of inheritance, &c. And a litle
after he hath words to this effect:
In the maners of our auncient
Demesns, there be pure villeins
both by blood and tenure: the
which may be cast out of their
tenement, and depriued of their
chatels, at the pleasure of the
Lord. By which two places I ga­
ther, though villein tenure doe
not alway make the Tenent a
villein: yet that there is a twofold
tenure called villenage: one
wherin both the person & the te­
nure is bound, and in all respects
at the disposition of the Lord:
and another, which in resp ect of
the tenure is after a sort ser­
uile, though the person be not
bond. This is well proued by
Bracton, li. 2. ca. 8. nu. 3. in these
words. Item tenementum non mu­
tat statum liberi, non magis quam
serui: Poterit enim liber homo tene­
re purum villenagium, faciendo
quicquid ad villanum pertinebit, &
nihilo-minus liber erit, cum hoc fa­
ciat ratione villenagii, & non perso­
næ suæ: & ideo poterit, quando volu­
erit, villenagium deserere, & liber
discedere, nisi illaqueatus sit per vxo­
rem natiuam ad hoc faciendum ad
quam ingressus fuit in villenagium,
& quæ præstare poterit impedimen­
tum, &c. So that a man may
hould in pure villenage, and yet
be a free man in respect of his
person. But what is pure ville­
nage? Bracton aunswereth in the
words there next following: Pu­
rum villenagium est, à quo præstatur
seruitium in certum & indetermina­
tum, vbi sciri non poterit vespere,
quale seruitium fieri debet mane.
viz: vbi quis facere tenetur quic­
quid ei præceptum fuerit. The o­
ther sort of villenage which is
not pure, is there called of Bra­
cton (villanum soccagium) which
differeth from the other in this,
because it is onely tyed to the
performance of certaine seruices
agreed vpon betweene the Lord
and the Tenent. Whereof see
Bracton also in the same place:
by whom you may perceiue,
that a man may hould (per villa­
num soccagium) and yet haue (li­
berum tenementum if he haue it
to himselfe and his heires. This
villanous soccage is to cary the
Lords dung into his feilds,
to plow his ground at certaine
daies, sow and reape his corne,
plash his hedges, &c. See Soc­
cage. 

Villenous iudgement (Villanum
iudicium) is that which casteth
the reproch of villeny and shame
vpon him against whom it is gi­
uen, as a Conspiratour, &c.









S tawnf: pl: cor. lib. 3. 12. f. 175. This
M. Lamb: in his Eirenarcha, lib. 1.
ca. 13. pag. 63. calleth villenous
punishment, and saith that it may
well be called infamous, because
the iudgement in such a case
shalbe like the auncient iudge­
ment in Attaint (as it is said anno
4. H. 5. Fitzh. Iudgement 220.)
and is (in 27. lib. Assis: pl. 59.)
set downe to be, that their
oathes shall not be of any credit
afterward, nor lawfull for them
in person to aproch the Kings
Courts: and that their lands and
goods be seised into the Kings
hands, their trees rooted vp, and
their bodies imprisoned, &c. And
at this day the punishment apoin­
ted for periury, (hauing som­
what more in it, then corporall
or pecuniary paine) stretching
to the discrediting of the testi­
mony of the offender from euer
after, may be partaker of this
name. Thus farre M. Lamberd. 

Virgata terræ. Register orig. fol.
167. a. See yard land.

Viridario eligendo , is a writ that
lyeth for the choice of a verdour
in the forest. Register orig. fol:
1 77. 

Visitation of maners (Visitatio
morum) was wont to be the name
of the Regarders office in aunci­
ent time. Manwood, parte pri. of
his forest lawes, pag. 195. See
Regarder.

Visne (Vicinetum) signifieth a
neighbour place, or a place neere
at hand anno 1 6. R. 2. ca. 6. 

Visu Franciplegii , is a writ to
exempt him from comming to
the view of Frankpledge, that
is not within the Hundred re­
sident. For men are bound vnto
this view by reason of their
habitation, and not of lands
held where they dwell not,
R egister orig. fol. 175. 

Vitteller (victualarius) com­
meth of the French, (victuai­
les. i. commeatus) and signifieth
with vs, him that selleth victu­
als. For these there is a writ
in Fitz. nat. br. fol. 172. if they
exercise their trade, bearing a
magistracie in any towne cor­
porate. 

Vmple. anno 3. Edvard. 4.
cap. 5. 

Vncore prist , is a plee for the
Defendant, being siewed for a
debt due at a day past, to saue
the forfeiture of his bond;
saying, that he tendered the
dept at the time and place,
and that there was none to re­
ceiue it, and that he is now also
readie to pay the same. 7. Ed.
6. 8 3. Dyer. See Vnquest prist.

Vncuth , is a Saxon word signi­
fying as much as (incognitus)
I t is vsed in the auncient Sa­
xon lawes, for him that com­
meth to an Inne guest wise,
and lyeth there for two nights
at the most. In which case









his host was not bound to an­
swer for any offence, that he
committed, whereof he was
guiltlesse himselfe. But if he laid
there the third night, then he
was called (guest, hospes) and then
must the host answer for him,
as for one of his owne familie.
And if he taried any longer, then
was he called Agen hine , that is
to say, familiaris. Whom, if he
offend against the Kings peace,
his hoste was to see foorth­
comming: or if he could not
bring him out within a moneth
and a day, he must satisfie for
his offence. Lamberd. Archaiono.
fol. 133. num. 7. Of this Bracton.
lib. 3. cap. 10. num. 2. writeth
thus: Item secundum antiquam con­
suetudinem dici poterit de familia
alicuius, qui hospitatus fuerit cum
alio per tres noctes: quia primâ
nocte poterit dici Vncuth, secundâ
verò Gust, tertiâ nocte Hoghen­
hine, &c. This law was made for
the better preseruation of the
Kings peace, and to shew in
what pledge euery man was to
be accompted, that trauelled
by the way. See  Tuainnithes
gest.

Vnde nihil habet , is a writ.
See Dote vnde nihil habet.

Vnder-chamberlaine of the Ex­
chequer , is an Officer there, that
cleaueth the taileys written by
the Clerke of the Taileys, and
readeth the same, that the
Clerke of the Pel and the con­
trollers thereof may see their
entrie be true. He also maketh
searches for all Rcords in the
Treasurie. There be two Officers
there of this name. 

Vnderescheatour. Subescheatour.
anno 5. Ed. 3. cap. 4. See Es­
cheatour. 

Vndershyreeue, (Subvicecomes)
 See Shyreeue.

Vndersitter is an Inmate. See
Inmate.

Vndertakers , be such as are em­
ployed by Pourueyours of the
King as their deputies. anno 2.
& 3. Phil. & Mar. cap. 6. and
such as vndertake any great
worke, as drying of Fennes, &c.
anno 4 3. Eliz. cap. 1 1. 

Vnder-treasurer of England,
(vicethesaurarius Angliæ) anno
39. El. cap. 7. & anno 43. eius­
dem. Subsidie of the Clergie. T his
Officer (as some Exchequer men
thinke) was first created in the
time of king H. the seuenth, to
chest vp the Kings Treasure at
the end of euery Terme, and to
note the content of money in
each chest, and to see it caried
to the Kings Treasurie in the
Tower, for the ease of the Lord
Treasurer, as being a thing too
meane for him to be troubled
with, and yet meete to be per­
formed by a man of great se­
crecie and trust. He in the va­
cancie of the Lord Trea­









surers office, doth all things in
the receipt, that the Lord Trea­
surer doth. He nominateth the
two Praysers of all goods sei­
sed as not customed, and orde­
reth, whether the partie shall
haue them at the price or not.
He appointeth the Steward,
Cooke, and Butler for the proui­
sion of the Starre-chamber. But
this Officer in other mens iudg­
ment, is farre more auncient
then Henry the seuenths dayes,
yet named Treasurer of the Ex­
chequer in the Statutes vntill
Queene Elizabeths time, where
he is tearmed Vnder-treasurer of
England. Neuerthelesse, anno 3 5
Eliz. he is also written Treasu­
rer of the Exchequer. Read the
Statutes, anno 18. Ed. 3. stat. 2.
cap. 17. & 27. eiusdem. Stat. 2.
cap. 18. 1. Rich. 2. cap. 5. 4.
Hen. 4. cap. 18. 8. H. 6. cap.
17. 2 7. H. 8. cap. 11. with di­
uers other places, that seeme to
approue this to be true. 

Vnion (vnio) is a combining
or consolidation of two Chur­
ches in one, which is done by
the consent of the Bishop, the
Patron, and the Incumbent. And
this is properly called an Vnion.
H owbeit, that there be two o­
ther sortes: as when one Church
is made subiect to the other, and
when one man is made Prelate
of both, and when a conuentual
is made Cathedrall, as you may
reade in the Glosse of the chap­
ter, Licet. De locato & conducto ,
in Lyndwoods Prouincials. §. Et
quia. versu Appropriationis. Tou­
ching Vnion in the first signifi­
cation there was a statute, an. 37.
H. 8. cap. 21. that it should be
lawfull in two Churches, wher­
of the value of the one is not
aboue sixe pounds in the Kings
bookes of the first fruites, and
not aboue one mile distant from
the other. Vnion in this signifi­
cation is personall, that is, for
the life of the Incumbent: or
reall, that is, perpetuall, whoso­
euer be Incumbent. 

Vnitie of possession , is called
consolidatio vsus fructus, & propri­
etatis in the Ciuill lawe, signify­
ing a ioynt possession of two
rights by seuerall titles. For ex­
ample, I take a lease of land from
one vpon a certaine rent: after­
ward I buy the Fee-simple. This
is an vnitie of possession, wher­
by the lease is extinguished: by
reason that I, which had before
the occupation only for my rent,
am become Lord of the same,
and am to pay my rent to none,
but my selfe. Also an Abbot
being seated within a certaine
parish, afterward obtaineth an
appropriation of the tythes be­
longing to that Church, for the
vse of his house. Here is an vnity
of possession, by reason that the
tythes, which before were to be









paid to the Incumbent, are now to
be paid to none but himselfe,
by vertue of the appropriation. 

Vniversitie, (Vniuersitas) is by
the Ciuill lawe any bodie po­
liticke, or corporation: but in
our language it is (at the least
most ordinarily) taken for those
two bodies, that are the Nou­
rishes of learning, and the libe­
rall Sciences, Cambridge and
Oxford : endowed with great fa­
uours, and priuiledges, for their
beter maintenance, as appea­
reth not onely by an. 2. & 3. Ph. &
Mar. c. 15. a. 13. El. c. 21. & a. 18.
eius. c. 6. but much more by their
seuerall charters, graunted vnto
them by diuers godly and mag­
nanimous Kings of this land. 

Vnlawfull assembly, (Illicita
congregatio, illicita assemblata) is
the meeting of three or more
persons together, with force to
commit some vnlawfull act, and
abiding stil, not indeuouring the
execution thereof, as to assault
or beate any person, to enter in­
to his house or land, &c. West.
parte. 2. symb. titulo, Inditements,
sect. 65. M. Lam. in his Eirenar­
cha. cap. 19. saith thus: An vn­
lawfull assembly is the compa­
nie of three persons or more,
gathered together, to do such an
vnlawfull act, although they do
it not indeed. So saith Kitchin in
effect, fol. 2 0. 

Vnques prist , is (word for
word) alwaies readie. And it
signifieth a Plee, whereby a man
professeth himselfe alway ready
to do or performe that, which
the Demaundant requireth, ther­
by to auoide charges. For exam­
ple: a woman sieweth the tenent
for her Dower: and he comming
in at the first day, offereth to
auerre, that he was alway ready
and still is, to performe it. In this
case except the Demaundant
will auerre the contrarie, he
shall recouer no dammages.
When this Plee will serue to a­
uoide Charges, and when not,
see Kit. fol. 243. See Vncore prist.

Voydance (vacatio) is a want of
an Incumbent vpon a bene­
fice: and this voydance is dou­
ble: either in law, as when a man
hath more benefices incompetible:
or indeed, as when the Incumbent
is dead, or actually depriued.
B rooke, titulo Quare impedit. n. 51. 

Voucher (Aduocatio) is a cal­
ling in of one into the Court at
the petition of a party that ho­
peth to be helped thereby. New
booke of Entries. verbo. voucher.
voucher de garantie Brit. ca. 75. in
latine (Aduocatio ad warantizan­
dum) is a petition in court made
by the Defendant to haue him
called, of whom he or his Aun­
cester bought the land or tene­
ment in question, and receiued
warranty for the secure inioy­
ing thereof against all men.









Britton of this writeth a long
chapter. vbi supra , intituling it
Garant voucher. But Bracton
writeth a large tractate of it, lib.
5. tracta. 4. per totum. Litleton al­
so handleth it not minsingly, in
the last chapter of all his Te­
nures. Of this you may read
Fitzh. also in his nat. br. fol. 13 4.
De warantia chartæ. All this law
seemeth to haue bene brought
into England out of Normandy.
For in the Grand Custumary you
haue likewise a chapter intituled
(vouchement de garant, cap. 50. id
est, vocamentum Garanti) where
it is set downe, what time ought
to be giuen, for the appearance
of the warrant called in this
case, how many warrants may
be vouched, one calling in ano­
ther, and diuers other points
touching this doctrine. All
which, and many more, you may
read in Bracton vbi supra. A com­
mon voucher , a double voucher.
Coke lib. 2. Sir Hughe. Cholmleis
case, fol. 50. b. This is very aun­
swerable to the contract in the
Ciuill lawe, whereby the buyer
bindeth the sellor, sometime in
the simple value of the thing
bought, sometime in the dou­
ble, to warrant his secure en­
ioying of the thing bought. But
this difference I find betweene
the Ciuill lawe and ours, that
whereas the Ciuill lawe bindeth
euery man to warrant the secu­
ritie of that which hee selleth,
ours doth not so, except it be e­
specially couenanted. The party
that voucheth in this case, is cal­
led the Tenent, the partie vou­
ched is tearmed the Vouchee. The
writ whereby he is called, is ter­
med Summoneas ad warranti­
zandum. And if the Shyreeue re­
turn vpon that writ, that the party
hath nothing, whereby he may
be summoned: then goeth out
another writ. viz. Sequatur sub
suo periculo. See Termes of the
lawe. verbo Voucher. And Lamb.
in his Explication of Saxon
wordes, verbo Advocare. See
Warrantie. I reade in the new
booke of Entries, of a forain
voucher , which hath place pro­
perly in some Franchise, Coun­
tie Palatine, or other where one
voucheth to warrantie one not
dwelling within the Franchise.
fol. 615. columna. 1. whereupon
because the foreyner neede not
be tryed in that Court, the re­
cord and cause is remooued to
the common plees, &c. See of
this Fitz. nat. br. fol. 6. E. 

Vser de action , is the persiewing
or bringing of an action, which
in what place and countie it
ought to be, See Brooke, titulo
Lieu & Countie. fol. 64. 

Vse (vsus) is in the originall
signification, plaine enough: but
it hath a proper application in
our common lawe, and that is









the profit or benefit of lands or
tenements. And out of M. Wests
first parte of his simbol: lib. pri
sect. 48. 49. 50. 51. and 52. I ga­
ther shortly thus much for this
purpose. Euery deede in writing
hath to be considered the sub­
stance, and the adiuncts. Touch­
ing the substance, a deede doth
consist of two principall parts,
namely the premisses and the
consequents. The premisses is
the former parte thereof, and
is commonly saide to be all
that, which preceedeth the
(Habendum) or limitation of
the estate, which be the persons
contracting, and the things con­
tracted. The consequent is that
which foloweth the premisses, &
that is the (Habendum) In which
are two limitations: the one of
the estate, or propertie, that the
party passiue shall receiue by the
deede, the other of the vse: which
is to expresse in the said (Ha­
bendum) to or for what vse, and
benefite he shall haue the same
estate. And of the limitation
of those vses, you may read ma­
ny presidents set downe by the
same author in his second booke
of his saide first part, sectio. 308.
and so forth to 327. These v­
ses were inuented vpon the sta­
tute called, West. 3. or Quia em­
ptores terrarum , before the which
statute no vses were knowne.
P erkins. Devises. 528. And be­
cause mens wits, had in time de­
vised many deceits, by the set­
ling of the possession in one
man and the vse in another,
there was a statute made, anno ,
27. H. 8. ca. 1. wherby it was
inacted, that the vse and posses­
sion of lands and possessions
should alway stand vnited. New
expositour of lawe termes, ver­
bo. Vse. v. Coke lib. 1. Chudleise
case. fol. 1 2 1. & seqq. 

Vsher (Ostiarius) commeth of
the French (Huissier. i. Accensus,
apparitor , Ianitor) It signifieth
with vs first an officer in the
Eschequer: of which sort there
be foure ordinarie vshers that
attend the cheife officers and
Barons of the court at Westmin­
ster , and Iuries, Shyreeues and
all other accoumptants at
the pleasure of the court.
Therbe also Vshers in the Kings
house, as of the priuy chamber, &c. 

Vtas (Octavæ) is the eight
day following any terme or
feast: as the vtas of Sainct Mi­
chaell, the vtas of Sainct Hilary,
the vtas of Sainct Martine, of
Sainct Iohn Baptist , of the Trini­
tie &c. as you may reade.
anno 51. H. 3. stat. concerning
generall daies in the Benche.
And any day betweene the
feast and the eighth day, is saide
to be within the vtas. The vse
of this is in the returne of
writs, as appeareth by the same









statute. 

Vtfangthef , is an auncient
Royaltie graunted to a
Lord of a maner, by the King
which giueth him the punish­
ment of a theefe dwelling out
of his liberty, and hauing com­
mitted theft without the same, if
he be taken within his fee. Bra­
cton. lib. 2. cap. 24. who in his
third booke, tract. 2, ca. 35. see­
meth rather to interpret the
word, then to expresse the effect,
and saith thus. Vtfangthef dici­
tur extraneus latro, veniens aliun­
de de terra aliena, & qui captus
fuit in terra ipsius, qui tales habet
libertates It seemeth to be com­
pounded of these three words.
V t, fang, thef. which in our mo­
derne English be, oute, take or
taken, Theefe. Of this Fleta hath
these words. vtfangenthef dicitur
latro extraneus veniens aliur. de de
terra aliena, & qui captus fuerit
in terra ipsius qui tales habet liber­
tates. Sed non sequitur quod possit il­
le hominem suum proprium extra
libertatem suam captum reducere
vsque in libertatem, & ibi eum iudi­
care: reducere tamen paterit iudi­
catum, & indicium in proprio pati­
bulo exequi ratione libertatis: com­
modum tamen non video. Debet e­
nim quilibet iuri subiacere, vbi deli­
quit: proprios tamen latrones & ali­
enos iudicare possunt, dum tamen in­
fra libertatem fuerint capti, &c. 

Vtlaghe, significat bannitum
extra legem. Fleta. li. 1. cap.
47. See Vtlawrie.

Vtlagato capiendo quando vtla­
gatur in vno comitatu, & postea
fugit in alium , is a writ, the nature
whereof is sufficiently expressed
in the words set downe for the
name thereof. See the Register
originall, fo. 133. 

Vtlawrie (vtlagaria, alias vtla­
gatio) is a punishment for such
as being called into lawe, and
lawfully sought, doe contemptu­
ously refuse to appeare. And
as Bracton saith li. 3. tract. 2. ca.
11. He that is siewed must be
sought, and called at 5. coun­
ties, a moneth being betweene
euery countie, to answer to the
lawe. And if he come not with­
in that time, pro ex lege tenebitur
cum principi non obediat, nec legi:
& ex tunc vtlagabitur : that is,
as the author of the termes of
lawe faith, he shalbe pronoun­
ced by the coroner, to be out
of the Kings protection, and
depriued of the benefit of the
lawe. The effect of this is diuers
(as the same Author saith). for
if he be outlawed in an action
personall, (he meaneth) at the
suite of another in a ciuile cause:
he shall forfeit all his goods and
cattells to the King: if vpon fe­
lonie then he shall forfeit all
his lands and tenements, that
he hath in fee simple, or for
terme of his life, and his goods









and cattles. Bracton: vbi supra,
nu. 5. saith, that such as be out­
lawed vpon felonie, ex tunc
gerunt caput lupinum, ita quod sine
iudiciali inquisitione ritè pereant, &
secum suum iudicium portent &
meritò sine lege pereunt, qui se­
cundum legem viuere recusarunt.
Et hæc ita, si cum capiendi fuerint,
fugiant, vel se defendant si autem
vivi capti fuerint, vel se reddiderint,
vita illorum & mors erit in manu
Domini Regis. See Horns mirrour
of Iustices, lib. 3. cap. des fautes
punishables. Bracton saith in
the place aboue specified (with
whome also Fleta agreeth, lib.
1. cap. 27.) that a Minor or a
woman cannot be outlawed.
But take his owne words: Minor
verò, & qui infra ætatem. 12. an­
norum fuerit, vtlagarinon potest:
nec extra legem poni, quia ante ta­
lem ætatem non est sub lege aliqua,
nec in Decenna, non magis quam
fœmina, quæ vtlagari non potest,
quia ipsa non est sub lege. i. Inlaugh
Anglicè, sc: in franco plegio, sive de­
cenna: sicut masculus , 1 2. anno­
rum, & vlteriùs. Et ideo non potest
vtlagari. Waiviari tamen bene po­
test, & pro derelicta haberi, cum
pro feloniæ aliqua fugam fecerit
siue ceperit. Est enim waiuium, quod
nullus aduocat, nec princeps eum ad­
vocabit, nec tuebitur, cum fuerit rite
Waiviata: sicut fit de masculo, qui
secundum legem terræ ritè fuerit
vtlagatus, &c. To the same
effect writeth Fitzh. in his na. br.
fo. 16 1. viz. And because women
be not sworne in leetes to the
King, as men be of the age of
12 yeares or vpward: it is said,
when a woman is outlawed,
that shee is waiued, but not out­
lawed. for shee was neuer vnder
the law, nor sworne vnto it.
More of this you may reade
in Bracton, lib. 3. tracta. 2. cap
1 2. &. 13. and then in the 14.
how an outlaw is inlawed a­
gaine, and restored to the Kings
peace and protection. See al­
so Fleta, lib. 1. cap. 28. per totum. 

Vtrum. See Assise.

Vtter Baristers , be such as
for their longe study and great
industry bestowed vpon the
knowledge of the common
lawe, be called out of their
contemplation to practise, and
in the face of the world to take
vpon them the protection and
defence of clients. These are in
other countries called, (Licenti­
ati in iure). How be it in mo­
destie they still continue them­
selues hearers for diuers yeares,
like the scholers of Pythagoras ,
that for the first fiue yeres neuer
aduentured to reason or dis­
course openly vpon any point
of their masters Doctrine, which
their silence (a cohibendo sermo­
ne) was termedεχεμυδίω as
Suidas and Zenedorus doe re­
port. 









Vtlepe significat escapium latro­
num. Fleta lib. 1. ca. 47. 


W

WAge (vadiare) pro­
ceedeth of the French
(Gager. i. dare pignus, pignore
certare) and signifieth in our
common lawe the giuing of
securitie for the performing of
any thing: as to wage lawe, &
to wage deliuerance which see
before in Gage. None wageth
lawe against the King. Brooke
tit. Chose in action, num. 9. The
substantiue of this verb is (Wa­
ger) in the latine (vadium) which
some Feudists call (wadium) as
testifieth Hotoman in his Com­
mentaries de verbis feudalibus.
verbo Wadium. See Lawe.

Wainage (Wainagium, aliâs Wan­
nagium) signifieth as much as
peculium servorum of the Saxon
word wouen. i. habitare, & woe­
ning. i. habitatio. See.  Gainage.

Waiue (waiuiare) Register orig.
fol. 277. a) is to forsake (habe­
re pro derelicto) as the Ciuilians
terme it. Waiviare feudum suum.
Bracton lib. 2. cap. 7. that is to
forsake. Many of the Kings
liege people to be outlawed,
and many waiued by erroneous
proces. anno 7. H. 4. ca. 13. See
Vtlawrie. To waiue the company
of theeues. Stawnf. pl. cor. fol. 26.
To waiue his benefit. Idem fol.
46. to waiue the aduantage. Idem
prærog. fol. 17. Persons attainted
or waiued. West. parte 2. simbol.
titulo Fines, sect : 13. D. This word
waiued waiuiata properly belon­
geth to a woman that being
siewed in law contemptuously
refuseth to appeare, as outlawed
doth to a man. Register orig. fo. 1 32.
b. & 277. a. The reason whereof
see in Fitzh. nat. br. fol. 161. A.
See Weif. 

Wales (Wallia) is a part of En­
gland, on the west side inhabi­
ted by the ofspring of the aun­
cient Britons chased thither by
the Saxons, being called hether
by them to assist them against
the might of the Picts. The rea­
son of the appellation commeth
from the Saxon (wealh. i. exte­
rus, vel peregrinus) for so the
Saxons both called them and
held them, though now to the
great quiet of this kingdome
they be incorporated vnto vs
See M. Lamb: explication of Sax­
on words. verbo. Wallus. 

Walkers , seeme to be those that
are otherwise called Foresters.
Crompton in his Iurisdictions, fol.
154. hath these words in effect.
There be Foresters assigned by
the King, which be walkers
within a certeine space assigned
them to looke vnto. 

Waiuiaria mulieris , is as much
as vtlagatio viri. Register originall
fol. 132. b. See Waiue.









Wapentake (Wapentakium) is all
one with that, which we call a
Hundred, as appeareth by Bra­
cton, lib. 3. tract. 2. ca. pri. nu. pri.
in fine. Conuocentur (saith he) post­
modum seruientes & Baliui Hun­
dredorum, & per ordinem irrotulen­
tur Hundredarii, siue wapentakia,
& nomina seruientium, quorum qui­
libet affidabit, quod de quolibet Hun­
dredo eliget quatuor milites, qui
statim veniant coram Iusticiariis
ad faciendum preceptum Domini
Regis, & qui statim iurabunt, quòd
eligent duodecim milites, vel liberos
& legales homines, si milites non in­
ueniantur, &c. M. Lamberd in
his explication of Saxon words,
verbo Centuria , is of the same
minde: and farder saith, that this
word is especially vsed at this
day in the countries be north the
riuer Trent. And in the lawes of
King Edward set forth by him
nu. 33. it is most plaine in these
words. Et quod Angli vocant Hun­
dredum, supradicti comitatus vo­
cant wapentakium. But there he
nameth some shires of this side
Trent , as Warwick shire, Leicester
shire , and Northhampton-shire. In
the words there folowing, there
is a reason giuen of this appella­
tion in these words. Et non sine
causa: Cum quis enim accipiebat
præfecturam wapentakii, die statuto
in loco, vbi consueuerant congrega­
ri, omnes maiores contra eum con­
ueniebant, & descendente de equo
suo, omnes assurgebant ei. Ipse ve­
rò, erecta lancea sua, ab omnibus
secundum morem fœdus accipiebat.
Omnes enim quotquot venissent,
cum lanceis suis ipsius hastam tan­
gebant, & ita confirmabant per con­
tractum armorum, pace palam con­
cessa. Anglicè enim arma vocantur
(wæpun) & taccare confirmare:
quasi armorum confirmatio. Vel vt
magis expressè secundum linguam
anglicanam dicamus, wæpentak ar­
morum tactus est (wæpun) enim ar­
ma sonant (tac) tactus est. Quamo­
brem poterit cognosci, quod hac de
causa, totus ille conuentus dicitur
(wapentac) eò quòd per tactum ar­
morum suorum ad inuicem confœde­
rati sunt. Thus farre the booke
goeth word for word. With
whom Fleta agreeth, sauing that
Fleta saith, that this word is vsed
in all counties be north Watlin-
streete, li. 2. ca. 6 1. §. vniuersimode.
Take Sir. Tho: Smithes opinion
also whose words in his second
booke de Rep: Anglo: ca: 1 6. be
these : Wapentak. I suppose, came
of the Danes , or peraduenture of
the Saxons. For that so many
townes came by there order
then into one place, where was
taken a mouster of there armour
and weapons: in which place,
from them that could not finde
sufficient pledges for their good
abearing, their weapons were ta­
ken away. The statute anno 3.
Henrici 5. ca. 2. & anno 9. H. 6.









cap. 1 0. & anno 1 5. H. 6. ca. 7.
T. maketh mention of Stainctife
Wapentake , and Frendles Wapen­
take , in Crauen in the County of
Yorke. See Roger Houeden, parte
poster: suorum annalium, fo. 346. b. 

Wards and Liueries (wardi &
liberaturæ) is a Court first erected
in King Henry the eighth his
time, and afterward augmented
by him with the office of Liue­
ries , and therefore called by him
(as now it is) the Court of wards
and Liueries. The chiefe of this
Court is called the master of the
Court, &c. To whom are ioyned
the Surueiour, Atturny , and Re­
ceiuer of the said Court, as his
Assistants: then as Ministers the
Register , two inferiour Atturnies
or Clerks, and a Messenger. 

Ward (Custodia) is the German
word, as (Garde) is the French.
Both these be vsed among our
common lawyers: the one by
those that write in French, the
other by those that write in
English. Wherefore for your
farder vnderstanding, See Gard
and Gardein. Yet is Gard some­
time vsed in the English bookes
also: as yeomen of the Gard.
And also the keeper of one in his
minority, is not called a warden
but a Gardein or Gardian. Ward
hath diuers applications, as a
Ward in London , latined (warda)
which is a portion of the City
committed to the especiall
charge of some one of the 24. Al­
dermen of the city, in such sort
as euery one knoweth his cer­
taine ward assigned vnto him,
and hath dwelling within the
same compas some one graue
Citizen for the good gouernment
thereof: who is in that respect a
Deputie to the said Alderman,
and commonly called the Al­
dermans Deputie. Of these
there be 2 5. within the citie,
and one without, beside other
liberties and the suburbes.
Stowes Suruey of London. Also
a Forest is diuided into wards:
Manwood, parte prim. of his Fo­
rest lawes. pag. 97. Lastly, a
prison is otherwise called a
Ward. And the heire of the
Kings tenent, houlding by
knights seruice, or in capite , or
of any common person by
Knights seruice, is called Ward ,
during his nonage. See anno 32.
H. 8. cap. 46. 

Warden (Gardianus) signifi­
eth al one thing with the French
(Gardien.) And therefore of this
see more in Gardien. But it is
the more vsuall word of all that
writ in English, for him that
hath the keeping or charge of
any person or thing by office:
as Wardens of Felowships in
London. anno 14. H. 8. cap. 2.
Warden courts, anno 31. H. 6. ca.
3. Warden of the Marches, anno 4
H. 7. cap. 8. Wardens and Com­










munaltie of the lanes contri­
butorie to Rochester bridge. anno
18. Eliz. cap. 7. Wardens of
peace. anno 2. Ed. 3. cap. 3. Sta­
tute Northampton. Warden of
the West Marches. Camd. Brit.
pag. 606. Warden of the Forest.
Manwood, parte prim. pag. 111. &
1 12. Warden of the Aulnage.
anno 18. H. 6. cap. 16. Chiefe
Warden of the Forest. Manwood
parte prim. pag. 4 2. & 4 3. Warden
of the Kings wardrobe. anno 51
H. 3. statut. quinto. Wardens of
the tables of the Kings Ex­
chaunge, anno 9. Ed. 3. stat. 2.
cap. 7. & anno 9. H. 5. stat. 2. c. 4.
Warden of the rolles of the
Chauncerie. anno 1. Ed. 4. cap.
1. & cap. 5. Warden or Clerke
of the hamper of the Chaun­
cerie. ibid. Warden of the kings
writs, and Records of his com­
mon bench, ibid. Warden of the
Kings armour in the tower.
anno 1. Ed. 4. cap. 1. 

Wardmote , is a court kept in
euery ward in London. anno 32.
H. 8. cap. 17. ordinarily called
among them, the Wardmote
C ourt. 

Ward peny , is money to be
contributed toward watch and
ward. 

Warantie, (warantia) commeth
of the French (garantie) or (ga­
rant) i. vindex litis :) which is a
word of great antiquitie with
the French men, being brought
first thither by the Franco-
galli. And thence do they make
a Latinish verbe, viz. (guaren­
tare) vel, vt est in aliis libris, gua­
rentisare. i. causam alterius susci­
pere, se defensorem profiteri. The
Feudists also vse this word (gua­
rentus) quo significatur is, qui La­
tinis author dicitur, & euictionem
præstat. lib. 2. Feud. titulo 3 4. §. 2.
The Ciuilians haue a stipulation
(habere licere) whereby is signi­
fied a power of perpetuall &
quiet possession to be giuen: l.
11. § final. π. de action. empt. &
vend. But this reacheth not so
farre as our warrantie. For the
seller hereby is bound but to a
kind of diligence and care to
maintaine the buyer in his pos­
session. For if he be euicted, the
buyer is not tyed to recompence.
Doctores in l. stipulatio ista, Ha­
bere licere. π. de verb. obliga.
W arrantie signifieth in our com­
mon lawe, a promise made in a
deed by one man vnto another
for himselfe and his heires, to
secure him and his heires against
all men, for the enioying of
any thing agreed of betweene
them. And he that maketh this
warrantie, is called Warrantus
by Bracton, lib. 2. cap. 10. & 37.
The Romaines called him Au­
ctorem , as Hotomun testifieth in
his Commentarie vpon Tullies
oration pro Aulo C æcinna. verbo,
Cesennius anthor fundi , whom you









may reade more at large. And
that which we terme vocationem
warranti , the Ciuilians call au­
thoris laudationem vel nominatio­
nem. Eimer pract. cap. 48. This
warranty passeth from the seller
to the buyer, from the feoffer
to the feoffee, from him that
releaseth, to him that is released
of an action reall, and such
like. And for the forme it passeth
in a clause toward the end of a
deed in these wordes: Et ego verò
præfatus I. & hæredes mei prædictas
decem acras terræ cum pertinentiis
suis præfato H. hæredibus, & assig­
natis suis contra omnes gentes war­
rantizabimus in perpetuum per præ­
sertes. West. parte prim. symbol. lib.
2. titulo Feofments. sect. 281. &
288. So a release may be with
a clause of warrantie. Idem,
eodem. titulo Releases. sect. 510.

There is also a warrant of At­
turney, whereby a man appoin­
teth another to do some thing
in his name, and warranteth his
action, West. eod. sect. 1 81. And
these warrants of Atturney seeme
to differ from leters of Attur­
ney, because that, whereas leters
passe ordinarily vnder the hand
and seale of him, that maketh an
Atturney by them, before any
credible witnesses: warrants of
Atturney be acknowledged be­
fore such persons, by such means
and in such maner, as Fines. West.
parte 2. symbol. titulo Recoueries.
sect. prim. F. See Atturney.

But these waranties in passing
land from one to another, be of
greatest consequent, & of more
intricate vnderstanding. And
therefore of these, diuers haue
written at large: as Glanvile lib.
3. per totum. Bracton lib. 5. tract.
4. per totum. Britton. cap. 1 05.
Litleton in the last chapter of
his tenures: the forme and ef­
fect whereof Bracton in his se­
cond booke cap. 1 6. num. 10.
declareth thus: Et ego & hære­
des mei warrantizabimus tali &
hæredibus suis tantùm, vel tali &
hæredibus & assignatis, & hære­
dibus assignatorum, vel assignatis
assignatorum, & eorum hæredi­
bus, & acquietabimus, & defen­
demus eis totam terram illam cum
pertinentiis (secundum quod prædi­
ctum est) contra omnes gentes in
perpetuum, per prædictum seru tium.
Per hoc autem quòd dicit (Ego &
hæredes mei) obligat se & hæredes
suos ad warrantiam, propinquos, &
remotos, præsentes & futuros ei
succedentes in infinitum. Per hoc
autem quòd dicit (warrantizabi­
mus) suscipit in se obligationem ad
defendendum suum Tenementum
in possessione rei datæ, & assigna­
tos suos & eorum hæredes, & omnes
alios, secundum quod supradictum
est, si fortè tenementum datum pe­
tatur ab antiquo in Dominico. Per
hoc autem quòd dicit (acquietabi­
mus) obligat se & hæredes suos ad









acquietandum, si quis plus petierit
seruitu, vel aliud seruitium, quam
in charta donationis continetur: per
hoc autem quòd dicit (Defendemus)
obligat se & hædes suos ad De­
fendendum, si quis velit seruitutem
ponere rei datæ contra formam suæ
donationis, &c. But the new ex­
pounder of law terms saith, that
this warranty beginneth two
waies: one by deede of law: as
if one and his auncesters, haue
held land of another and his aun­
cesters, time out of minde by ho­
mage (which is called Homage
auncestrell) for in this case, the ho­
mage continually performed by
the tenent is sufficient to bind the
Lord to warrant his estate. The
other is by deede of the party,
which by deede or fine tyeth
himselfe to warrant the land or
tenement to the tenent. And Sir
Ed: Cooke in the fourth booke of
his reports, mentioneth the same
distinction. Nokes case, fo. 81. a.
calling the one a warranty in
law, the other an expresse war­
ranty. Ciuilians would call these
species, tacitam & expressam. 

Warranty (as the said author
of the terms of law saith, is in
two maners: warranty lineall,
and warranty collaterall. But
(Litleton saith vbi supra) it is
threefold: warranty lineall, war­
ranty collaterall, and warranty
that beginneth by disseisin. War­
ranty by disseisin what it is, is
partly declared in Sir Ed. Cookes
reports, li. 3. Fermors case, fol. 78.
a. Whether of them deuideth
more aptly, let the learned iudge.
For my part, I thinke that line­
all and collaterall be no essenti­
all differences of warranty, as it
is originally considered in the
first warranter. For he bindeth
himselfe and his heires in gene­
rall. And such be bound, be they
lineall or collaterall vnto him.
Therefore this diuision riseth
rather from the euent of the ori­
ginall warranty: videlicet , because
it so falleth out, that the tenent,
to whom the warranty was
made, or his heires, when he or
they be called into question for
the land warranted formerly by
the first feoffour, is driuen by the
meanes of the first warranters
death, to cal or vouch him to wa­
ranty that is his heire, and now
presently liuing, be he descen­
ding or collaterall, as it falleth
out. For example. A. infeoffeth
B. in twenty acres land, with
clause of warranty against all
men. So long as A. himselfe li­
ueth, he is liable to this coue­
nant, and none els: after his dis­
cease his heire is subiect vnto it,
be he his sonne, brother, vncle,
or what els. And whether of
these, or neither of these it will
be, none knoweth vntill he be
dead. Wherefore I conclude
that this distinction of lineall or









collaterall hath no vse originally
in this contract. For (as the au­
thor of the terms of law saith)
the burden of this warranty, af­
ter the death of the first warran­
ter, falleth vpon him, vpon
whom the land should haue des­
cended, if the warranty had not
bene made. And that is the next
of blood to the warranter, be
he in the descending or collate­
rall line. And therefore I re­
solue that this distinction grow­
eth from an euent, after the death
of him that couenanteth to war­
rant. But to make this plaine, I
finde warranty to be vsed equi­
uocally: signifiing in one sort,
the contract, or couenant of war­
ranty first made, as appeareth by
Bracton in the place formerly
noted: and in another fort the
very effect and performance of
this contract, either by the war­
ranter or his heires, when he or
they be by the tenent thereunto
vouched, or called: As also I
shew out of Bracton, lib. 5. tract.
4. ca. pri. nu. 2. in these words.
Imprimis videndum est quid sit war­
rantizatio. Et sciendum quod war­
rantizare, nihil aliud est, quàm de­
fendere & acquietare tenentem, qui
warrantum vocabit in seisina sua,
&c. With whom agreeth Fleta
saying that warrantizare nihil ali­
ud est, quam possidentem defendere,
li. 5. ca. 15. § 1. & lib. 6. ca 23
quod lege per totum. And the for­
mer diuision of lineall and colla­
terall warranty, rather belongeth
to warranty in this second signi­
fication then the former.

And that this way it is im­
perfect or at the least obscure,
I thinke it not hard to declare.
First to shew this I note out
of Bracton , who may be called
to warrantie. And he lib. 5. tra­
ctat. 4. cap. pri. num. 5. saith thus:
Videndum est quis vocari possit ad
warrantum, & sciendum, quod tam
masculus quam fœmina, tam minor
quàm maior (dum tamen si minor
vocetur, remaneat placitum de wa­
rantia in suspenso vsque ad ætatem,
nisi causa fuerit ita fauorabilis,
quòd ætas expectari non debeat, si­
cut ex causa Dotis) Item non so­
lum vocandus est ad warantum
ille qui dedit, vel venddit: ve­
rùm etiam vocandi sunt eorum hæ­
redes descendentes in infinituns
propter verba in Chartis contenta,
(Ego & hæredes mei warantiza­
bimus tali & hæredibus suis, &c)
Et in quo casu tenentur hæredes
warantizare, sive sint propinqui, si­
ve remoti, remotiores, vel remo­
tissimi. Et quod de hæredibus dici­
tur, idem dici poterit de assignatis,
& de illis, qui sunt loco illorum
hæredum, sicut sunt capitales Domini
qui tenentibus suis quasi succedunt,
vel propter aliquem defectum, vel
propter aliquod delictum, si­
cut de eschaetis Dominorum:
B y which words we perceiue









that the burden of this warran­
tie is not tyed to heires on­
ly, be they in the descending
or collaterall line, but that vnder
this word (Hæredes) are compri­
sed all such, as the first warran­
ters lands afterward come vn­
to either by discent, or other­
wise ex causa lucratiua So that
if a man haue 20 chil­
dren, yet if he will, and may giue
his land to a straunger, leauing his
children no land: that straunger in
this case is his assigne, & is con­
teined vnder this word, heire. So
if he commit felonie after such
warrantie covenanted, and for­
feit his lands to his Lord by
escheate: the Lord is quasi hæ­
res in this case, and lyable to
the warrantie formerly passed.
And in these two later cases,
warranty in the second significa­
tion seemeth to be neither line­
all, nor collaterall: at the least as
L itleton , and the other author
haue defined, or by examples
expressed them.

But yet let vs define these two
species, as they be. wherefore li­
neall warranty is that, which
he is called vnto by the tenent,
vpon whome the land warran­
ted had descended, if the war­
ranty had not beene couenan­
ted. For example; A selleth to
B. 20. acres land with clause of
warranty, and afterward dieth
leauing issue. C. soone after B.
is impleaded for this land by
D. and voucheth. C. This is
called a lineall warranty: be­
cause but for it the land had
descended from A. to C. 

Warranty collaterall , is that
wherevnto he is called by the
tenent vpon the couenant of
him, from whome the land
could not descend to the party
called. For example; B. the
sonne pourchaseth tenements
in fee, whereof A. his father
disseiseth him, and selleth them
to C. with a clause of war­
ranty. A being deade, C. is
impleaded for the tenements,
and calleth B. to warranty. This
warranty wherevnto B. is caled,
is collaterall: bycause the tene­
ments, if the warrnty had not
beene couenanted by A. could
not haue descended from him
to his father A. for they were
his owne by Pourchase. Many
other examples there be of this in
Litleton. And this very case he
maketh his example of war­
ranty by disseisin, as also of
warranty collaterall. which
plainly argueth, that warranty
by disseisin, and warranty col­
laterall, are not distinct mem­
bers of warranty, but may be
confounded: though one war­
ranty may cary both names in
diuers respects. For there is
some warranty collaterall that
beginneth not by disseisin. For









example. A. tenent in taile,
alienateth to B. in fee, and dieth
leauing issue. C. Afterward. D.
brother to A. and vncle to C.
releaseth to B. with warranty,
and dying leaueth. C. his
heire being next of blood vn­
to him. This warranty is col­
laterall, because it descendeth
vpon. C. from his vncle. D.
and yet it beginneth not by
desseisin of his said vncle. 

Warranty , hath a double effect:
one to debarre him vpon whome
it discendeth from the first
warranter as his next of blood,
from claiming the land war­
ranted: and another to make
it good to the tenent, if by
him he be vouched thereunto,
or els to giue him as much o­
ther land by exchange. But as
the former of these effects ta­
keth place with all heires, ex­
cept those to whome the land
warranted was intailed, and
that reape no equiualent bene­
fit by the first warranter. anno
6. Ed. pri, ca. 3. soe the lat­
ter preiudiceth none that recei­
ueth not sufficient land from
the first warranter to make it
good. Bracton, lib. 5. tractat. 4
ca. 8. nu. pri. & cap. 13. nu. 2.
In the custumarie of Norm.
ca. 5. you haue vouchement
de garant , which the Interpre­
ter translateth, Vocamentum Ga­
ranti. a voucher or calling of
the warranter into the court
to make good his sale or gift. 

Warantia diei , is a writ lying
in case, where a man hauing
a day assigned personally to
appeare in court to any action
wherein he is siewed, is in the
meane time by commaunde­
ment imployed in the Kings
seruice, so that he cannot come
at the day assigned. This writ
is directed to the Iustices to
this end, that they neither take
nor record him in defaulte
for that day. Register originall,
fol. 1 8. Of this you may read
more in Fitzh. nat. br. fol. 17.
and see Glanuile, lib. pri. ca. 8. 

Warantia chartæ , is a writ
that lieth properly for him who
is infeoffed in land or tenements
with clause of warranty, and
is impleaded in an Assise or writ
of Entrie, wherein he cannot
vouche or call to warranty: for
in this case his remedy is, to
take out this writ against the fe­
offour or his heire. Register orig
fol. 157. Fitzh. nat. br: fol. 134
Of this you may likewise reade
Fleta, lib. 6. ca. 35. and West
parte 2. simb. titulo Fines. sect.
156. 

Warrantia custodiæ , is a writ
Iudiciall, that lyeth for him that
is challenged to be ward vnto
another, in respect of land said
to be houlden in Knights ser­
uice, which when it was bought









by the auncesters of the ward,
was warranted to be free from
such thraldome. And it lieth a­
gainst the warranter and his
heires, Register Iudiciall, fol. 36. 

Warrant of Atturney. See  Leter
of Atturney, and  Waranty.

Wardwite significat quietantiam
misericordiæ in casu quo non inve­
nerit quis hominem ad wardam fa­
ciendam in castra, vel alibi. Fleta
lib. 1. cap. 47. 

Warren (Warrenna, aliâs varren­
na) commeth of the French
(Garrenne. i. vivarium, vel locus
in quo vel aves, vel pisces, vel feræ
continentur, quæ ad victum duntax­
at pertinent) Calapine out of Au­
lus Gellius. lib. 2. Noct. Attica: cap.
2 0. A warren (as we vse it) is a
prescription or graunte from the
king to a man of hauing fesants,
partridges, connies, and hares,
within certaine of his lands,
Cromptons Iurisdict. fol. 1 4 8. where
he saith, that none can haue war­
ren, but onely the King, no more
then Forest or chase. Because it
is a speciall priuiledge belon­
ging to the King alone. And a
little after he hath words to
this effect: The king may graunt
warren to me in mine owne
lands, for fesants and partridges
onely. And by this graunt no
man may there chase them
without my licence. And so of
Hares, but not of Connies. For
their property is to destroy the
fruites of the earth, as to eate
corne, and pille the barke of ap­
ple trees. M. Manwood in his first
part of Forest lawes, saith thus of
it : A warren is a fraunchise or
priuiledged place of pleasure,
onely for those beasts and foules
that are beasts and foules of
warren, tantùm campestres & non
syluestres. viz. For such beasts
and foules as are altogether
belonging to the feilds, and not
vnto the woods: and for none o­
ther beasts or foules. There are
but two beasts of warren, that
is to say Hares and Connies: and
there are also but two foules of
warren, viz. Fesants and partrid­
ges And none other wild beasts
or birds haue any firme peace,
priuiledge, or protection, within
the warren. If any person be
found to be an offender in any
such free warren, he is to be
punished for the same by the
course of the common law, and
by the statute. anno 21. Ed. 3.
called the statute de male facto­
ribus in parcis & chaceis &c.
For the most parte there are noe
officers in a warren, but the
master of the game, or the kee­
per. A sree warren is some time
inclosed, and also the same
some time doth lie open. for
there is no necessity of inclosing
the same, as there is of a park, for
if a park be suffered to lie open,
it ought to be seised into the









kings hands. Thus farre M.
Manwood. 

Warscot , is the contribution,
that was wont to be made to­
wards armour in the Saxons
time. In Canutus his charter of
the Forest set out by M. Man­
wood in the first part of his Forest
lawes, num. 9. you haue these
wordes: Sint omnes tam primarii
quàm mediocres, & minuti, immu­
nes, liberi & quieti ab omnibus pro­
uincialibus summenitionibus, & po­
pularibus placitis, quæ Hundred
laghe Angli dicunt, & ab omnibus
armorum oneribus, quod Warscot
Angli dicunt, & forinsecis quere­
lis. not found in OED as headword 

Warwit, aliâs, Wardwit , is to
be quite of giuing money for
keeping of watches. New ex­
position of lawe termes. 

Waste (vastum) commeth of
the French (gaster. i. populari. It
signifieth diuersly in our com­
mon lawe, first, a spoile made,
either in houses, woods, gar­
dens, orchards, &c. by the te­
nent for terme of life, or for
terme of anothers life, or of
yeares, to the preiudice of the
heire, or of him in the Reuersion
or Remainder. Kitchin fol. 168.
&c. vsque 172. vpon this com­
mitted the writ of waste is
brought for the recouerie of the
things, whereupon the waste is
made. See Vasto. Waste may be
also made of tenents or bond­
men belonging or regardant to
the maner. Regist. orig. fol. 7 2. a.
& 73. a. See the new booke of
Entries. verbo Waste. A waste
of the Forest (as M. Manwood
saith, parte prim. of his Forest
lawes, pag. 172.) is most pro­
perly where any man doth cut
downe his owne woods within
the Forest, without licence of the
king, or of the Lord chiefe Iu­
stice in Eyre of the Forest. But
it is also, where a man doth
plow vp his owne medow or
pasture, and conuerteth it vnto
tillage. And of this you may
reade him at large, in his second
part, cap. 8. num. 4. & 5. Waste
in the second signification is ta­
ken for those parts of the Lords
Demesns, that be not in any
one mans occupation, but lye
common for bounds or passa­
ges of the Lord and tenent from
one place to another, and som­
times for all the Kings subiects.
Which seemeth to be called
waste, because the Lord cannot
make such profit of it, as he
doth of other of his land, by
reason of that vse which o­
thers haue of it in passing to and
fro. Vpon this none may build
or feed, or cut downe trees,
without the Lords licence.
Waste hath a third significati­
on, as yeare, day, and waste.
Annus, dies, & vastum : which is
a punishment or forfeiture be­









longing to petit treason, or felo­
nie: whereof you may reade
Stawnf. pl. cor. lib. 3. cap. 30. And
see Yeare, Day , and Waste. 

Wasters. anno 5. Ed. 3. cap. 14
 See Roberds men. See  Draw lat­
ches. 

Wastell breade, anno 51. H. 3.
statute of bread, and statute of
pilorie. 

Water bayliffes , seeme to bee
officers in port townes for the
searching of shippes, anno 2 8.
H. 6. cap. 5. 

Watling street , is one of the 4.
waies, which the Romaines are
said to haue made here in
England , and called them Consu­
lares, Prætorias, Militares, Publicas.
M. Camden in his Britannia ,
perswadeth himselfe that there
were more of this sort than 4.
This streete is otherwise called
Werlam streat , (as the same au­
thor saith, and howsoeuer the
Romains might make it and the
rest, the names be from the Sa­
xons. And Roger Houeden saith,
it is so called, because the
sonnes of Wethle made it, leading
from the East sea to the West
Annal. part. prior. fol. 2 4 8. a.
This street leadeth from Douer
to London , and so to S. Albons ,
and there onward directly to­
ward the North-west through
the land, as from Donstable to
Westchester. anno 39. El. cap. 2.
the second street is called Ike­
nild street , beginning ab Icenis ,
who were the people inhabiting
Northfolke, Southfolke , and Cam­
bridge shire , as M. Camden
declareth, pag. 345. The third is
called Fosse : the reason of the
name he giueth, because he thin­
keth it was ditched of each side.
The fourth is called Ermin street,
Germanico vocabulo, à Mercurio,
quem sub nomine Irmunsull. i. Mer­
curii columna, Germani maiores
nostri coluerunt. Of these reade
more in the said author, pag. 43.
& 44. In the description of
England going vnder Saxons
name, cap. 7. I reade that Belinus
a Briton king made these 4.
wayes: whereof the first and
greatest he calleth Fosse , stretch­
ing out of the South into the
North, and beginning from the
corner of Cornwel , and passing
foorth by Deuonshire, Somerset­
shire , and so along by Tetburie v­
pon Toteswould besides Couentree
vnto Lecester , and thence, by the
wide plaines to Newarke and to
Lincolne where it endeth. The se­
cond he nameth Watling street ,
comming out of the South-east
toward the Fosse , beginning at
Dover , and passing through the
middle of Kent ouer Thames
beside London nere Westminster ,
and thence to S. Albons , by
Donstable, Stratford , Towceter,
Wedon , Lilborn, Atheriston, Gilberts
hill , now called Wreaken , by Se­









uerne, Workecester , Stratton , and so
foorth by the middle of Wales ,
vnto Cardican and the Irish seas.
The third he calleth Erminage-
street , stretching out of the West
North-west into the East South­
east, from S. Dauids in the west
Wales vnto Southhampton. The
fourth he called Rikenild street ,
stretching foorth by Worcester , by
Wicombe , Brinningham , Litch­
field, Derby, Chesterfield , and by
Yorke foorth into Tynmouth. But
he that listeth to reade at large
of these wayes, let him haue re­
course to the first volume of Ho­
linsheds Chronicle, and the de­
scription of England there, the
19. chapter. Where this antiqui­
tie is farre otherwise declared,
then by the former writer. Henry
of Huntington likewise in the
first booke of his historie, not
farre after the beginning men­
tioneth these 4. streetes, terming
them calles Regia sublimatos au­
thoritate, ne aliquis in eis inimicum
invadere auderet, &c. 

Waterbayliffes. anno 2 8. H. 6.
cap. 5. is an officer belonging
to the citie of London , which
hath the superuision and search
of fish, that is brought to that
citie, as also the gathering of
the tolle rising from that water.
He is reckoned an Esquier by his
office, as the Sword-bearer, the
Huntsman, and the chiefe Ser­
geant is. He also attendeth vpon
the Lord Maior for the time
being, and hath the principall
care of marshalling the guests at
his table. 

Way. See Chimin.

Weife (wauium) whence it hath
his originall, I cannot certainely
say. But I finde the nineteenth
chapter of the Grand Custumary
of Normandy to be intitled (De
choses gaiues) and latined by the
interpreter (De rebus vaiuis)
which are there thus defined :
vaiua sunt res, vel alia, quæ nullius
proprietati attributa, sine possessio­
nis reclamatione sunt inuenta, quæ
vsque ad diem & annum seruanda
sunt. Et de iis modo, quo dictum est
de veriscis , that is (weeks) ea sua
esse probantibus est restitutio facien­
da, &c. This weife or things wei­
ued haue the very same significa­
tion in our common law, and be
nought but things forsaken. The
Ciuilians call it (Derelictum) or
(Quod est pro derelicto) Bracton in
the twelue chapter of his first
booke nu. 10. reckoneth them
inter res quæ sunt nullius ea quæ pro
waiuio habentur: sicut de auerns, v­
bi non apparet Dominus , where he
also saith, quòd olim fuerunt inuen­
toris de iure naturali, & iam effici­
untur principis de iure Gentium.
That this is a Regality, and be­
longing to the King, except it
be challenged by the owner
within a yeare and a day, it
appeareth by Britton in his









seuenthteene chapter. Now the
Kings in their times haue
graunted this and such like
prerogatiues vnto diuers sub­
iects with their fees. who
there likewise saith, that weifes,
things lost, and estrayes, must
by the Lord of the fraunchise
where they are found, be cau­
sed to be cried and published
in markets and churches nere a­
bout, or els that the yeare and
day doth not runne to the pre­
iudice of him that hath lost
them. See Waiue. M. Skene de
verborum signifi. verb. waife , saith,
that waife est pecus, vel animal a­
berrans , which wanders and wa­
uerrs without a knowne ma­
ster, and being found by any
man within his owne bounds,
must be by him proclaimed vp­
on diuers, and sundry market
daies, at the parish church, and
within the shyreeuedome. O­
therwise the deteiner may be
accused of theft. And it is law­
full for the owner to challenge
the beast within a yeare and
day. Whereby it appeareth, that
in Scotland that is called a weife
which we heere call a stray or e­
stray. 

Weald of Kent , is the wooddie
part of the Countrie. Camden
Britannia, pag. 247. M. Verstegan
in his restitution of decayed in­
telligence saith, that Wald,
Weald, and Would differing in
vowell, signifie one thing, to wit
a Forest. See the rest litera. W. 

Wedding (Nuptiæ) commeth
of the German (wed) . i. pignus. and
wedde in Scotland signifieth so
much at this day. Skene de ver­
borum signifi. verbo Vadium. 

Weigh (waga) is a certaine
waight of cheese or wooll, con­
teining 256. pounds of avoyr de
poyce. See Clove.

Weights (Pondera) what they
be, it is wellknowne. There be
2. sorts of them in vse with vs.
The one called Troy weight,
which conteineth 12. ounces
in the pound, and no more: by
the which, pearl, pretious stones,
electuaries, & medicinal things,
gould, siluer, and bread be wai­
ed: The other is called Auer
de pois , which conteineth 16.
ounces in the pound. By this
all other things are waied, that
passe betweene man and man
by weight, sauing onely those
aboue named. why the one
should be called Troy weight, I
haue not learned. though I
reade it termed libram & vn­
ciam Troianam : as if it came
from Troy. But Georg. Agricola
in his learned tractate de ponde­
ribus & mensuris pa. 339. termeth
the pound of 12. ownces li­
bram medicam , and the other
of 16. ownces libram ciuilem.
saying thus of them both : Me­
dica & ciuilis libra, numero non









grauitate vnciarum differunt. The
second seemeth soe to be ter­
med by reason of the more
full weight. for (Avoir de pois)
in French, is as much to say, as
to haue full weight. But by
these words (Avoir de pois) are
some time signified such mar­
chandies as are bought and
sould by this kinde of weights.
the first statute of Yorke anno 9.
Ed. 3. in proœm. & anno 27. Ed.
3. stat. 2. ca. 10. & ann. 24 H. 8.
ca. 13. Of weights in Scotland.
See Skene de verb: signif. verbo
Serplathe. All our weights and
measures haue their first compo­
sition from the peny sterling
which ought to weigh 32. wheat
corns of a middle sort, twenty of
which pence make an ownce
and twelue such ownces a
pound or twenty shillings, but
15. ownces make the Merchants
pound. Fleta, li. 2. ca. 12. It
is not vnlike that this mer­
chants pound, though an
ounce lesse, should be all one
in signification with the pound
of auoir de pois: and the other
pound, called by Flata trone
weight , plainely appeareth to
be all one with that which we
now call troie weight. And I
finde not Troie weight men­
tioned by any other that euer
I read vpon this subiect, but
onely our owne contry men.
See Tronage.

Weights of Awncell, anno. 1 4. Ed. 3.
stat. pri. c. 1 2. See  Auncell weight:

Were, aliás werre signifieth as
much as (Æstimatio capitis, aut
pretium hominis. M. Lam. exp. of Saxon
words, verbo: Æstimatio. That is
to say, so much as one paid for
killing of a man. Whereby he
gathereth that slaughters, and
such other great offences, were
more rarely committed in aunci­
ent times, then now, when as for
the multitude of offenders, death
is most iustly inflicted for those
crimes, that then were redressed
by pecuniary mulcts. Of this see
R oger Houeden, parte poster suorum
annalium, in Henrico 2. fo. 344. 

Weregelt thef. significat latro­
nem qui redimi potest wera enim an­
glicè idem est in Saxonis lingua, vel
pretium vitæ hominis appretiatum.
Fleta lib. 1. ca. 4 7. 

West Saxon lage, aliâs West sex­
enlage. See Lawe.not found in OED as headword; West-Saxon Law

Wharfe (wharfa) is a broad
plaine place neare to a Creeke or
hithe of the water, to lay wares
vpon, that be brought to or from
the water to be transported to a­
ny other place. New booke of
Entries, fol. 3. col. 3. 

Wharfinger , is the keeper of a
wharfe, anno 7. Ed. 6. ca. 7. 

White hart siluer (Candidi Cerui
argentum) is a tribute or mulct
paid into the Eschequer out of
the Forest of white hart: which
(as M. Camden reporteth in his









Briton pag. 150.) hath continued
from Henry the thirds time, and
was imposed by him vpon Tho­
mas De-la-linde , for killing of a
most beautifull hart, which him­
selfe before had purposely spared
in hunting. 

Widow (viduæ) seemeth to
come of the French (Vuide. i. ina­
nitus, exinanitus) or the verb (vui­
der. i. inaniare) quasi priuata atq;
orba marito. Macrobius lib. pri. sa­
turn. ca. 15. . draweth it from the
Hetruscan verb (Iduare. i. diuide
re. Vnde vidua quasi valde idua. i.
valde diuisa: aut vidua. i. a viro
diuisa. The signification with vs
is apparent. But there is one
kinde of widow, called the wi­
dow of the King, or the Kings
widow (vidua Regis) that requi­
reth exposition. And shee is that
widow, which after her hus­
bands death being the Kings te­
nent in capite , is driuen to reco­
uer her Dower by a writ De dote
assignanda. Of whom you may
read Stawnf: prærog. cap. 4. The
words of the statute of the prærog :
made anno 1 7. Ed. 2. be these. I­
tem assignabit viduis post mortem
virorum suorum, qui de eo tenuerunt
in capite, dotem suam, quæ eas con­
tingit, &c: licet hæredes fuerint
plenæ ætatis, si viduæ voluerint. Et
viduæ illæ ante assignationem dotis
suæ prædictæ, siue hæredes plenæ æta­
tis fuerint, siue infra ætatem, iura­
bunt, quòd se non maritabunt sine
licentia Regis. Tunc Rex capiet in
manum suam nomine districtionis
omnes terras, & tenementa, quæ de
eo tenentur in dotem, donec satisfe­
cerint ad voluptatem suam: ita quòd
ipsa mulier nihil capiet de exitibus,
&c. quia per huiusmodi districtiones
huiusmodi mulieres, seu viri eorum
finem facient Regi ad voluptatem
suam. Et illa volunt as tempore Re­
gis Henrici patris Regis Edwardi
æstimari consueuit ad valentiam præ­
dictæ dotis per vnum annum ad plus,
nisi vlteriorem gratiam habuerint.
Mulieres, quæ de Rege tenent in ca­
pite aliquam hæreditatem, iurabunt
similiter, euiuscunque fuerint ætatis,
quòd se non maritabunt sine licentia
Regis. Et si fecerint, terræ & tene­
menta ipsarum eodem modo capian­
tur in manum Domini Regis, que­
usque satisfecerint ad voluntatem
Regis. Of this see likewise the
great charter cap. 7. whereby it
appeareth that other common
Lords haue the same power o­
uer their widowes, touching
their consent, in their mariage,
that the King hath. Of this you
may read more in the writ De
dote assignanda. Fitzh. nat. br. fo.
26 3. C. See also the statute anno
32. H. 8. cap. 4 6. 

Windelesor, a Herald. See  He­
rald.not found in OED as headword 

Withernam (vetitum Namium)
Master Lamberd thinketh to
be compounded of (wither.
i. altera, siue secunda) & (Nam. i.









pignoris captio) marueiling much
why it should so farre be de­
praued in the interpretation,
as to be translated (vetitum
Namium.) Reade him in the
explication of Saxon wordes,
verbo , Pignorari. The concord
of the thing signified with the
meaning of the Latine words,
maketh some to thinke, that
it is compounded of (wehren. i.
veto ,) and (nyman,) or nemmen.
i. capio.) For withernam in our
common lawe is the taking, or
driuing a distresse to a hould,
or out of the countie, so that
the Shyreeue cannot vpon the
repleuin make deliuerance ther­
of to the partie distreined: In
which case, the writ of Wi­
thernam , or de vetito Namio is di­
rected to the Shyreeue, for the
taking of as many of his beasts
that did thus vnlawfully distrein,
or as much goods of his, in­
to his keeping, till that he hath
made deliuerance of the first
distresse. Also if the beastes be
in a fortlet or castell, the Shy­
reeue may take with him the
power of the countie, and beat
downe the castell, as it appea­
reth by the Statute. Westm. pri.
cap. 20. Britton. cap. 27. But
M. Lamberds interpretation
seemeth more consonant to the
writ, the forme whereof is thus
in part, (Fitz. nat. br. fol. 7 3.)
T ibi præcipimus quòd averia præ­
dicti B. in Balliva tua capias in
withernam, &c. and the Register o­
rig. fol. 8 2. & 8 3. & 79. a. & 80.
a. and in the Register Iudic. fol. 29
a. & 30. a. Whereby it appea­
reth, that the Shyreeue by these
words is willed to take in
compensation of the former ta­
king, so many cattell, &c. But
yet this may qualifie M. Lam­
berds maruelling, because they
that translated this word into
such Latine, seeme to haue
bene deceiued by the propinqui­
tie of the word, (wehren) both
to the word (withernam) and
also to the meaning. This error
(if it be an error) hath a pro­
bable likelihood of descent
from the Normans , as appeareth
by the grand Custumarie. cap.
4. where you haue wordes to
this effect: Deficientes (sc. Ba­
liuos) facere iusticiari, & ea, de
quibus iudicium vel recordatio ha­
bet fieri in curia: debet (sc. Iusti­
ciarius) retrahere vel recitare.
Treugam dari debet facere, quod est
assecuratio pacis observandæ. Nam­
pta iniuste capta per ius facere
liberari, &c. Here you may see
(nampta) referred to the first
taking or distresse, which is vn­
lawfull. Sir Thomas Smith in his
Repub. Anglor. agreeth with M.
Lamberd in these words: This
(withernam) he (meaning Litleton ,
with whom Bracton also agreeth.
lib. 2. cap. 5. & lib. 3. tract. 2.









cap. 36.) interpreteth vetitum
Namium , in what language I
know not. Whereas in truth
it is in plaine Dutch, and in our
old Saxon language (wither
nempt. i. alterum accipere, alterum
rapere,) a word that signifieth all
one with that barbarous Latine
word, (Repræsalia) when one ta­
king of me a distresse, which in
Latine is called (pignus) or any
other thing, and carying it away
out of the Iurisdiction, where I
dwell, I take by order of him
that hath iurisdiction, another
of him againe, or of some o­
ther of that Iurisdiction: and do
bring it into the iurisdiction,
wherein I dwell: that by equall
wrong Imay come to haue e­
quall right, &c. Namatio anima­
lium in Scotland is vsed for the
pounding of cattell, Skene de
verbor. signif. verbo, Averia: whom
also reade, verbo , Namare. Wi­
thernam in Bracton lib. 3. tract. 2.
cap. 37. and also in Westm. 2. ca.
2. seemeth to signifie an vnlaw­
full distresse, made by him that
hath no right to distreine. an. 1 3.
E d. prim. cap. 2. See the newe
booke of Entries. verbo Wi­
thernam. 

Woad, (glastum) is an herbe
brought from the parts of
Tolouse in France , & from Spayne ,
much vsed and very necessary in
the dying of wollen cloth. an 7.
H. 8. cap. 2. we call it woad of the
Italian word (guado) or the Ger­
mane word (weidt.)

Woodgeld , seemeth to be the
gathering or cutting of wood
within the Forest, or money
payed for the same, to the vse
of the Foresters. And the immu­
nitie from this by the Kings
graunt, is by Crompton called
W oodgeld. fol. 197. 

Woodmen , seeme to be those
in the Forest, that haue their
charge especially to looke to the
Kings woods. Manwood parte pri.
of his Forest lawes pag. 193. and
Cromptons Iurisd. fol. 146. 

Woodmote court , is the Attach­
ment of the Forest. Manwood
parte pri. of his Forest lawes. pag.
95. See  Attachment.

Woodward (Woodwardus) is an
officer of the Forest, whose fun­
ction you may partly gather by
his oath set downe in Cromptons
Iurisd. fol. 2 01. which M. Man­
wood hath also in his first part of
his Forest lawes pag. 50. to the
same effect, but something more
at large. viz. You shall truly exe­
cute the office of a woodward
of B. woods within the Forest of
W. so long as you shalbe wood­
ward there: you shall not con­
ceale any offence either in Vert
or in Venison, that shalbe com­
mitted or done within your
charge: but you shall truly pre­
sent the same, without any fa­
uour, affection or reward. And









if you doe see or know any ma­
lefactors, or doe finde any Deere
killed or hurt, you shall forth­
with doe the verderour vnder­
stand thereof. And you shall pre­
sent the same at the next court
of the Forest: be it Swainmote , or
court of Attachments, so help
you God. Woodwards may not
walke with bow and shafts, but
with Forest bills. Manwood parte
pri. of his Forest lawes pag. 1 89.
and more of him pag. 97. 

Wooldriuer, anno 2. & 3. Ph. &
Ma. ca. 1 3. be those that buy
wool abroad in the country of
the sheep masters, & carry it by
horse backe to the clothyers or
to market townes to sell it a­
gaine. 

Wolferhefod (Caput lupinum)
 is the condition of those, which
were outlawed in the Saxons
time, for not yelding themselues
to Iustice. For if they could be
taken aliue, they must haue bene
brought to the King: and if they
in feare of apprehension did de­
fend them selues they might be
slaine, and their heads brought
to the King. For they carried a
woolues head, that is to say:
their head was noe more to be
accoumpted of, then a woolues
head, being a beast so hurtfull
vnto man. See the lawes of K.
Edw: set out by M. Lamberd fol.
1 27. b. nu. 7. The very like where­
of Bracton also saith lib. 3. tract.
2. ca. 1 1. See vtlarie. Roger Ho­
ueden writeth it (Wuluesheued.
parte poster, suorum annalium fol.
343. b.) whom read of this mater
because you shall there see what
it was in those daies to violate
the peace of the church. 

Woolstaple, anno 51. H. 3. stat.
5. See Staple.

Wooll winders , be such as winde
vp euery fleece of wooll that
is to be packed and sould by
weight, into a kinde of bundle
after it is clensed in such maner
as it ought to be by statute. And
to auoide such deceit as the ow­
ners were wont to vse by thru­
sting locks of refuse wooll and
such other drosse to gaine weight
they are sworne to performe
that office truly betweene the
owner and the merchant. See
the statute, anno 8. H. 6. cap. 22.
& anno 23. H. 8. ca. 17. & anno
1 8. Eliza. ca. 2 5. 

Would. See Weald.

Wranglands , seeme to be mis­
growne trees that will neuer
prooue timber. Kitchin fol.
169. b. 

Wormseede (semen santoni­
cum) is medicinal seede browght
forth of that plant which in
latine is called (Sementina) in
english, holy wormwood,
whereof you may read in Ge­
rards herballe li. 2. ca. 43 5.
This is a drugge to be gar­
bled, anno 1. Iacob. cap. 19. 









Wreck (wreccum vel wrectum
maris) is the losse of a shippe
and the goods therein contei­
ned by tempest, or other mis­
chaunce at the sea. The Ciuili­
ans call it (Naufragium) This
wreck being made, the goods
that were in the shippe,
being brought to land
by the waues, belong to
the king by his prerogatiue. And
therevpon in many bookes of
our common lawe the very
goods, so brought to land are
called wreck. And wreck is defi­
ned to be those goods which
are so brought to land. Sir Ed.
Coke vol. 6. relatio, f. 106. a. & the
statute anno 17. Ed. 2. ca. 1 1. in
these words. Item Rex habebit
wreccum maris, per totum Regnum,
ballenas, & sturgiones captas in
mari vel alibi infra Regnum, ex­
ceptis quibusdam locis privilegiatis
per Regem. Whereby it appea­
reth that the King hath them,
or such as haue by graunt this
libertie or priuiledge of him.
And that this statute doth but
affirme the auncient lawe of
the land, it appeareth by Bra­
cton, lib. 2. cap. 5. num. 7. hiis ver­
bis: Sunt etiam alia res que per­
tinent ad coronam propter privilegi­
um Regis, & ita communem non
recipiunt libertatem, quin dari pos­
sint, & ad alium transferi. Quia
si transferantur, translatio nulli exit
damnosa, nisi ipsi Regi siue princi­
pi. Et si huiusmodi res alicui conces­
sæ fuerint, sicut wreccum maris,
&c. The reason of this he
toucheth shortly in his first
booke. cap. 1 2. num. 10. where
he reckoneth these goods (iure
naturali) to be (in bonis nullius)
quia non apparet Dominus eorum,
sed iure Gentium fieri principis:
And see him also, lib. 2. cap. 24.
num. 1. & 2. It is worth the
asking to know twhat is a wreck,
and what not in this stricter sig­
nification. And the author of the
termes of lawe saith, that if
any person of the shippe
come to land, it is not
a wreck, or the wreck is not
such, that the king ought to
haue the goods. with whome
agreeth S. Ed. Coke. vol. 6. f. 107. a.
No, if either Dogge or Catte
escape aliue to the land: the
goods are the owners still, so
he come within a yeare, and day
to claime them. And for this
the statute is plaine Westm. pri. ca.
4. anno 3. Edw. pri. which do­
ctrine Fitzh. in his nat. br. fol.
11 2. E. extendeth thus farre,
that if any of the goods be cast
vpon the drie land by any in
the shippe, it is no wreck subiect
to the prerogatiue, for by this
some of the shippe are presumed
to come to land, and still to
haue a custodie of the goods.
Cooke vbi supra. This in the









Grand Custumarie of Norman­
die. cap. 17. is called (varech)
and latined (veriscum) where
it appeareth that the like lawe
to ours was in Normandie al­
most in all points. But some
sorts of their pretious Merchan­
dise doe by their lawe apper­
taine to the Duke by his pre­
rogatiue, though a iust challenge
of the goods be made within
the yeare and day. The Empe­
rours of Rome made no advan­
tage of this pitifull event, as
appeareth: titulo De Naufragiis
11. Cod. And it appeareth that
Richard the first had some re­
morse of poore sea mens mise­
ries in this case. For he quietum
clamavit wreck suis subditis. Rog.
Hoveden parte poster. suorum an­
nal. fol. 386. Of this M. Skene
de verb. signif. speaketh to this
effect: wreck signifieth a power,
liberty, and prerogatiue apper­
taining to the King, or to any
person, to whome the same
is graunted by him by feofment,
or any other disposition, to
take vp and gaine such goods
as are ship broken, or fall to him
by escheate of the sea. 

Writ, (breue) is that with our
common lawyers (in Sir Tho.
Smiths iudgement lib. 2. de Re­
pub. Anglorum. cap. 9.) which the
Civilians call (Actionem, siue
formulam) But I am rather of his
iudgement, that hath added the
marginall note vnto him, saying
that (Actio) is the parties
whole suite: and that (Breue) is
the kings precept, whereby a­
ny thing is comaunded to be
done touching the suite or a­
ction: as the defendant or te­
nent to be summoned, a distresse
to be taken, a disseisin to be
redressed, &c. And these writs
are diuersly diuided, in diuers
respects. Some in respect of their
order, or maner of graunting,
are termed originall, and some
Iudiciall. Originall writs be
those, that are sent out for the
summoning of the Defendant
in a personall, or Tenent in a
reall action, or other like pur­
pose, before the suite beginneth,
or to begin the suite thereby
Those be iudiciall, that be
sent out by order of the court,
where the cause dependeth, vp­
on occasion growing after suite
begunne. old. nat. br. fol. 51. And
Iudiciall is thus by one signe
knowne from the Originall,
because the Teste beareth the
name of the chiefe Iustice of
that Court whence it com­
meth, where the Orig. beareth
in the Teste the name of the
Prince. Then according to the
nature of the action, they be
personall or reall: and reall be ei­
ther touching the possession, cal­
led writs of Entrie, or the pro­
perty, called writs of right.









Fitzh. nat. br. sparsim per totum.
Some writs be at the suite of
a party, some of office. old. nat.
br. fol. 147. Some ordinary, some
of priuiledge. A writ of priui­
ledge is that which a priui­
ledged person bringeth to the
court, for his exemption, by
reason of some priuiledge. See
Pro cedendo. See the new booke
of Entrise. verbo. priviledge. See
 Briefe.

Writ of rebellion. See Com­
mission of rebellion.

Writer of the talies (Scriptor tal­
liarum) is an officer in the Ex­
chequer being clerk to the au­
ditour of the receipt, who wri­
teth vpon the talies the whole
letters of the tellers billes. 


Y

YArd land (Virgata terræ) is a
quantitie of land called by
this name of the Saxon (Gyrd­
lander (but not so certaine a
quantity, as that it is all one in
all places. For in some country
it conteineth 20. acres: in some
24. in some 30. as M. Lamb.
saith in his explication of Saxon
words: verbo virgata terræ. This
yard land Bracton calleth (vir­
gatam terræ. lib. 2. cap. 20. &
27.) but he expresseth no cer­
tainty what it conteineth. 

Yere and day (annus & dies) is
a time thought in construction
of our common lawe fit in
many cases to determine a right
in one, and to worke an vsuca­
pion or prescription in another.
As in a case of an estray, if the
owner (proclamations being
made) chalenge it not within
that time, it is forfeit. So is the
yeare and day giuen in case of
appeale, in case of descent after
entry or claime; of no claime
vpon a fine or writ of right at
the common lawe: so of a vil­
lein remaining in auncient de­
meane, of the death of a man
sore bruised or wounded:
of protections; essoines in re­
spect of the Kings service: of a
wreck, and divers other cases
Coke. vol. 6. fol. 107. b. And that
touching the death of a man
seemeth an imitation of the ci­
vile lawe. Nam si mortifere fue­
rit vulneratus & postea post lon­
gum intervallum mortuus sit inde
annum numerabimus secundum Iu­
lianum. l. ait lex. π. ad legem Aquil. 

Yeare, day, and waste, (annus
dies, & vastum) is a part of the
Kings prerogatiue, whereby he
challengeth the profits of their
lands and tenements for a yere,
and a day, that are attainted of
petit treason or felonie, whoso­
euer be Lord of the maner,
whereunto the lands or tene­
ments do belong, and not onely
so, but in the end wasteth the
tenement, destroyeth the hou­
ses, rooteth vp the woods, gar­









dens, pastures, and ploweth vp
medowes, except the Lord of
the fee agree with him for the
redemption of such waste, af­
terward restoring it to the Lord
of the fee. Whereof you may
reade at large in Stawnf. prærog.
cap. 1 6. fol. 44. & seqq. 

Yoman , seemeth to be one
word made by contraction of
two Danish words (yong men)
which I gather out of Canutus
Charter of the Forest set out by
M. Manwood parte prins. fol. prim.
num. 2. in these words: Sunt sub
quolibet horum quatuor ex medio­
cribus hominibus, quos Angli (Le­
gespend) nuncupant, Dani verò
(yong men) vocant, locati, qui curam
& onus tum viridis tum veneris
suscipiant. These M. Camden in
his Britan. pag. 105. placeth next
in order to Gentlemen, calling
them (Ingenuos) whose opinion
the statute affirmeth, anno 16.
R. 2. cap. 4. whereunto adde
the statute anno 20. eiusdem Re­
gis cap. 2. Sir Thomas Smith in his
Repub. Anglor. lib. prim. cap. 23.
calleth him a Yoman, whom our
lawes call legalem hominem :
which (as he saith) is in English
a Free man borne, that may
dispend of his owne free land, in
yerely reuenew, to the summe
of forty shillings sterling. Of
these he writeth a good large dis­
course, touching their estate and
vse in this common wealth. The
former etymologie of the name
he liketh not, making question
whether it come of the Dutch
(yonker) yea or not, which in
the Low countries signifieth a
meane Gentleman, or a gay
fellow. But he that hath added
the marginall notes to that
booke, seemeth to draw it from
the Saxon (Geman) which signi­
fieth a maried man. M. Verstegan
in his restitution of decayed in­
telligence, cap. 10. writeth, that
(Gemen) among the auncient
Teutonicks , and (Gemein) among
the moderne, signifieth as much,
as Common, and that the first
leter G. is in this word, as in ma­
ny others, turned into Y. and so
written Yemen , and that therfore
Yemen, or Yeoman signifieth so
much as Commoner. Yoman
signifieth an Officer in the Kings
house, which is in the middle
place betweene the Sergeant
and the Groome: as Yoman of
the Chaundrie, and Yoman of
the Scullerie. anno 33. H. 8. cap.
12. Yoman of the Crowne. anno
3. Ed. 4. cap. 5. & anno 2 2. eius.
cap. 1. & anno 4. H. 7. cap. 7. This
word (Yongmen) is vsed for Yo­
men in the statute. anno 33. H.
8. cap. 10. 


?? Θεῶ Δοξά


FINIS.