A

ABactors (abactores) were steal­ers of Cattle or Beasts, by Herds or great numbers; and were distinguished from Fures. Nam qui ovem unam surripu­erit, ut fur coercetur, qui gre­gem, ut abactor. M. S.

Abate (from the French abatre or abbatre, i. To fell, break down or defeat utterly) signifies properly, to diminish or take away; and in our Law-writers, it has a like signification: For to abate a Castle or Fortlet (Old Nat. Br. fol. 45.) in Westm. 1. cap. 17. is interpreted to beat it down. And to abate a Writ, is to de­feat or overthrow it by some error or excepti­on. Britton. cap. 48. As he that puts out the Possessor is said to Disseise; so he that steps in between the former Possessor and his Heir, is said to abate. And in the Stat. De conjunctim Feoffatis, 34. Edw. 1. The Writ shall be abated, that is, shall be disabled or overthrown. So in Stamfords Pleas of the Crown, fol. 148. The Ap­peal abates by Covin, i. The Accusation is de­feated by Deceit, Anno 11 Hen. 6. cap. 2.—The Justices shall cause to be abated and quashed the said Writ. See Intrusion.

Abatement (Fr.) is sometimes used for the Act of the Abator; as the Abatement of the Heir into the Land, before he has agreed with the Lord Old Nat. Br. fol. 91. Sometimes for the affection or passing the thing abated; as Abatement of the Writ. Kitchin, fol. 214. And in this signification it is as much as Exceptio di­latoria, with the Civilians (Brit. cap. 51.) or rather an effect of it: For the Exception al­leaged and made good, works the Abatement. And this Exception may be taken, either to the insufficiency of the Matter, or incertainty of the Allegation, by misnaming the Plantiff, De­fendant, or place; to the variance between the Writ, and the Specialty or Record; to the in­certainty of the Writ, Count, or Declaration, or to the death of either of the parties, before Judgment had, and for divers other causes: Upon which defaults, the Defendant may pray, That the Writ or Plaint may abate; that is, the Plaintiffs sute against him, may cease for that time. To prevent the Abatement of Writs of Error, see the Statute 6 Car. 2. cap. 2. Sir Edward Coke says, Abatamentum is a word of Art, and signifies an Entry by interposi­tion. On Littl. fol. 277. where he shews the dif­ference between Abatement, Disseisin, Intru­sion, Deforcement, Usurpation, and Purpre­sture.

Abbacy (abbatia) is the same to an Abbot, as Bishoprick to a Bishop: We may call it his Paternity. Talis Abbatia (quae Paternitas Lati­no nomine dicitur) funditus removeatur. Concil. Meldens. Anno Dom. 845. cap. 10. The word is used Anno 34 & 35 Hen. 8. cap. 17, 18. Sciant—quod ego Isabella [...] Comitissa Penbr [...] pio salute animae meae—Dedi Deo & Abbathiae de Nutteleg. totam Wicham juxta praedictam Abba­thiam, &c. sine dat.

Abbat or Abbot (Abbas) A Spiritual Lord, that has the rule and preheminence over a Religious House. He is by Justinian termed Archimandrita, by others Coenobiarcha vel Archimonachus. Of these, some in England were mitred, some not: The mitred were ex­empt [Page] from the jurisdiction of the Diocesan, having Episcopal Authority within their Pre­cincts, and being also Lords of the Parliament; which were called Abbots Soveraign (Anno 9 Rich. 2. cap. 4.) and Abbots General; The other sort were subject to the Diocesan in all Spiritual Government. And as Abbots, so were there Lord Priors also, who, both had exempt Jurisdiction, and were Lords of Par­liament, as appears by Sir Edw. Coke, de Jure Eccles. fol. 28. Of which Lord Abbots and Priors that sate in Parliament, some Authors reckon but Twenty six: Sir Edw. Coke says they were Twenty seven Abbots and two Priors. (On Littl. fol. 97.) In the Parliament 20 Rich. 2. there were but Twenty five Abbots and two Priors. But in the Summons to the Parliament at Win­ton, Anno 4 Edw. 3. (in Dorso claus. ejusdem An. Membran. 41.) I finde more named, to which I have added the Founders out of Mr. Dugdales Monast. Angl.

To which were afterwards added,

To these also Henry the Eight added the Abbot of Tavestock. And in the Teste to Magna Charta, the names of some other Abbots are inserted, among the great Men of the Realm. An Abbot with the Monks of his House, who were called the Convent, made a Corporati­on, and he was not chargeable with the Act of his Predecessor, if it were not by their Common Seal, or for such things as came to the use of the House.

Abbathy (Anno 31 H. 8. cap. 13.) See Abbacy.

Abettator, an Abetter. See Abet.

Abbrochment (abbrocamentum) the buying up whole Wares, before they are brought to Market, or out of the Fair or Market, and selling the same by retail. M. S. de Placit. co­ram Rege Ed. 3. penes Arthur. Trevor Arm.

Abbuttals (from the Fr. abutter or abouter, i. terminare) are the Buttings or Boundings of any Land, East, West, North, or South; de­claring on what other Lands, High-ways, or other places it does Abbut: As in Crokes Re­ports, 2 part. fol. 184. The Plaintiff hath failed in his Abuttals, that is, In setting forth how his Land, is abutted and bounded. Latera autem nunquam aiunt abuttare; sed terram proximam adjacere. Those (says Cambden) that have Written of Limits, say, That certain Hil­locks or Piles of Earth, which they termed Bo­tentines, were set in Limits. Hence peradven­ture our Buttings and Boundings.

Abeyance or Abbayance (from the Fr. bayer, [...]. To gape after, or expect; as those are said, Bayer [...]a [...]argent, qui spe atque animo incumbunt pecuniae) in Littleton, cap. Discon­continuance, Sect. 56. is thus used, The right of [Page] Fee-simple lies in Abeyance; that is, as himself interprets it, onely in the remembrance, in­tendment and consideration of the Law. The Frank-tenement of the Gleab of a Parsonage, is in no man during the time the Parsonage is void, but is in Abeyance. And it is a Principle in the Law, That of every Land there is Fee­simple in some man, or it is in Abeyance. Con­sidering this with the signification of the French word, it is probable our Ancient Law Books would signifie hereby a kinde of hope or long­ing expectance; because those things that are in Abeyance, though for the present in no man, yet are they in hope and expectation, belonging to him who is next to enjoy them. For I finde also in the French, that Bayard is a Man that gapes or gazes earnestly at a thing. And, this Abeyance may be compared to that which the Civilians call Haereditatem jacentem. See Coke on Littl. fol. 342. b. And Plowden casu Walsin­gham.

Abet (from the a. i. ad vel usque, and betan. i. e. emendare, excitare) signifies to encourage, incite or set on. The Substantive Abetment is used for an encouraging or instigation. Stamf. Pl. Cor. fol. 105. And Abetter or Abbettator for an instigator or setter on. Old Nat. Br. fol. 21. But, both Verb and Noun are always used in the evil part: As Abettors of Murder are those that command, counsel, or maintain others to murder: And in some Cases such Abettors shall be taken as Principals, in other, but as Accessories, and their presence or ab­sence at the Deed doing, makes a difference in the Case.

Abishersing, (according to Rastals Exposi­tion) is to be quit of Amerciaments before whomsoever, for Transumption proved. The word originally signifies a Forfeiture, or an Amerciament, and is much transformed in the writing, since more probably it should be Mishersing, Mishering, or Miskering, accord­ing to the Learned Spelman. It seems by some Authors, to signifie a Freedom or Liberty; be­cause he that has this word in any Charter or Grant, has not onely the Forfeitures and A­merciaments of all others for transgressions within his Fee; but also is himself free from all such control, by any within that compass.

Abjuration (abjuratio) a forswearing or renouncing by Oath; a sworn banishment, or an Oath taken to forsake the Realm for ever. For, as Stamford (Pl. Cor. lib. 2. cap. 40.) saith, The devotion towards the Church (first in Ed­ward the Confessors time, and afterward till 22 Hen. 8.) was so zealous, That, if a man, having committed Felony, could recover a Church or Churchyard, before he were appre­hended; he might not be thence drawn to the usual tryal of Law; but confessing his fault to the Justices, at their coming, or to the Coro­ner, and before them or him, give his oath finally to forsake the Realm: The form and effect whereof you may read in De Officis Co­ronatorum, and in Horns Mirror of Justices, lib. 1. cap. Del Office de Coroner. Quando ali­quis abjuravit regnum Cruoc ei liberata fuit in ma­nu sua portanda in itinere suo per semitas regias & vocabitur vexillum sanctae Ecclesiae, Essex. Plac. Hil. 26 Ed. 3. But this grew at last to be but a perpetual confining the offender to some Sanctuary, wherein, upon abjuration of his li­berty and free habitations, he would chuse to spend hs life, as appears Anno 22 Hen. 8. cap. 14. It is Enacted 21 Jac. cap. 28. That here­after no Sanctuary or Priviledge of Sanctuary, shall be allowed; and consequently Abjuration is taken away, 2 Instit. fol. 629. See San­ctuary.

Abolition (Anno 25 Hen. 8. cap. 21.) A destroying or putting out of memory. Institutae actionis peremptio. The leave given by the King or Judges to a criminal accuser to desist from further prosecution.

Abridge (from the Fr. Abreger) to make shorter in words, holding still the whole sub­stance: But in Law it seems to signifie, for the most part, the making a Declaration or Count shorter, by substracting or severing some of its substance. For example, a Man is said to abridge his Plaint in an Assize, or a Woman her Demand in an Action of Dower, that hath put into the Plaint or Demand any Land, not in the Tenure of the Tenant or Defendant; and, if the Tenant pleads Non-tenure, or such-like Plea to parcel of the Land demanded, in A­batement of the Writ; the Demandant may abridge his Plaint or Demand to that patcel, that is, he may leave out that part, and pray the Tenant may answer the rest, to which he has not yet pleaded any thing: The cause is, for that in such Writs the certainty is not set down, but they run in general. And though the Demandant hath abridged his Plaint or De­mand in part, yet the Writ remains good still for the rest. Brook, tit. Abridgment. An. 21 H. 8. cap. 3.

Abridgment of a Plaint. See Abridge.

Abrogate (abrogo) to disannul, take away, or repeal; as to abrogate a Law, i. To lay aside or repeal it, Anno 5 & 6 Edw. 6. cap. 3. See Prorogue.

Absentees or des Absentees, was a Par­liament so called, held at Dublin, 10 May, 28 H. 8. And mentioned in Letters Patent, Dat. 29 H. 8. See Cokes, 4 Inst. fol. 354.

Abuttals. See Abbuttals.

Accedas ad Curiam (Lat.) is a Writ that lies for him, who has received false Judgment, or fears partiality in a Court Baron, or Hun­dred Court, being directed to the Sheriff, as appears by Dyer, fol. 169. numb. 20. As the Writ De falso judicio lies for him that has re­ceived such Judgment in the County Court, the form whereof you may see in Fitz. Nat. Er fol. 18. And in the Register, fol. 9. b. where it is said this Writ lies for Justice delayed, as well as falsly given; and that it is a Species of the Writ Recordare.

Accedas ad Uicecomitem, is a Writ di­rected to the Coroner, commanding him to deliver a Writ to the Sheriff, who having a [Page] Pone delivered him, doth suppress it, Reg. of Writs, fol. 83.

Acceptance (acceptatio) is a taking in good part, and a tacite kinde of agreeing to some former Act done by another, which might have been undone or avoided, if such Acceptance had not been. For example, if Baron and Feme seized of Land in right of the Feme, make a joynt Lease or Feoffment by Deed; reserving Rent, the Baron dies, the Feme ac­cepts or receives the Rent: By this the Feoff­ment or Lease is made good, and shall bar her to bring the Writ Cui in vita. Coke on Littl. fol. 211. b.

Accessory or Accessary (particeps criminis) most commonly signifies, one that is guilty of a felonious offence, not principally, but by participation, as by command, advice or con­cealment, and is of two sorts, 1. Before the offence or fact, is he that commands or procures another to commit Felony, and is not himself present; but, if he be, then he is also a Princi­pal. 2. After the offence, is he that receives, assists, or comforts any man, that has done any Murder or Felony, whereof he hath knowledge. He who counsels or commands any evil, shall be judged accessary to all that follows upon it, but not to another distinct thing. As, I com­mand one to beat another, and he beats him so, that the other dies of it, I shall be accessary to this murder. But, if I command one to steal a White Horse, and he steals a Black one; or to burn such a House, which he well knows, and he burns another, I shall not be accessary. If I command one to kill I. S. in the Field, and he kills him in the City or Church, or to kill him at such a day, and he kill him on another, I shall be accessary nothwithstanding: For the killing is the substance, and the day, place, or weapon, is but circumstance. But if I command one to kill I. S. and before he hath killed him, I come and say, I am penitent for my malice, and charge him not to kill him, and yet he kills him, I shall not be accessary. Where the Principal is pardoned or hath his Clergy, the Accessary cannot be arraigned; there being a Maxim in the Law, Ubi non est principalis non potest esse accessorius: For, it appears not by the Judgment of Law, that he was Principal; but if the Principal, after Attainder, be par­doned or hath his Clergy allowed him, there the Accessary shall be arraigned. See Sir Ed­ward Cokes, 2 Part Institutes, fol. 183. In the lowest and highest offences, there are no Accessaries, but all are Principals; as in Riots, forcible Entries, and other transgressions, Vi & armis, which are the lowest offences. So in the highest offence, which is crimen laesae Ma­jestatis, there are no Accessaries; but in Felony there are, both before, and after. Coke on Lit [...]l. fol. 71. There cannot be an Accessary before the Fact, in Man-slaughter; because that is sudden and unprepensed. See more in Stamf. Pl. Cor. lib. 1. cap. 45, 46, 47, 48. Accessories in Petit-Treason, Felony, Murder, shall not have their Clergy, An. 4 & 5 Phil. & Ma. c. 4.

Accompt (computus) is taken for a Writ or Action, which lies against a Bailiff or Receiver, who ought to render an account to his Lord or Master, and refuseth. And by the Statute of Westm. 2. cap. 1. if the Accomptant be found in arrear, the Auditors that are assigned to him, have power to award him to prison, there to remain, till he makes agreement with the party. But if the Auditors will not allow reasonable expence and costs, or if they charge him with more Receipts then they ought, his next friend may sue a Writ of Ex parte talis out of the Chancery, directed to the Sheriff, to take four Mainpernors, to bring his body before the Ba­rons of the Exchequer, and to warn the Lord to appear there at a certain day. See Fitzh. Nat. Br. fol. 116.

Accord (Fr.) Agreement, Concordance, Consent. Particularly it is an Agreement be­tween two or more, where any person is in­jured by a Trespass, Offence, or Contract, to satisfie and content him with some recompence, which, if executed, and performed, shall be a good Bar in Law, if the other party (after the Accord performed) bring any Action for the same.

Accroche (Fr. accrocher) To hook, clasp, or grapple unto. It is used (Anno 25 Edw. 3. Stat. 3. cap. 8.) as Encroach. In France, even at this day Accrocher un Proces, signifies to stay a Suit, or to delay the proceeding of it for a time. See Encroachment.

Achat (Fr. Achet, i. A Bargain or Pur­chase) is used for a Contract or Bargain. Brook, tit. Contract. Purveyors were by Parlia­ment, 36 Ed. 3. ordained to be then after called Achators.

Acquietancia de Shiris et Hundredis, i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin. Ex Regist. Priorat. de Coke sford.

Acquietandis plegiis, Is a Writ lying for a Surety against the Creditor that refuseth to acquit him, after the Debt is paid. Reg. of Writs, fol. 158. Where it appears, that this is a Justicies.

Acquital (from the Fr. acquiter, to free, ac­quit, or discharge) most commonly signifies a Deliverance, discharge, and setting free from the suspition or guilt of an offence; and is twofold, Acquittal in Law, and Acquittal in Fact.

Acquital in Law, Is when, two are appeal­ed or endited of Felony, one as Principal, the other as Accessary; the Principal being dis­charged, the Accessary is by consequence also freed. And in this case, as the Accessary is ac­quitted by Law, so is the Principal in Fact. Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord, Mesn, and Tenant; and the Tenant holds Lands of the Mesn, and the Mesn holds over of the Lord Paramount: Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands; for the Tenant must do his service to the Mesn onely, and not to divers Lords for one parcel [Page] of Land. See Coke on Littleton, fol. 100.

Acquittance (acquietantia) Is a Release or Discharge of a Debt formerly due But the Verb (acquit) the Participle acquitted, and the Noun acquittal, signifie also a discharge or clearing from an offence objected; as acquitted by Proclamation. Smith de Rep. Angl. p. 76. Stams. Pl. Cor. fol. 168. Brook tit. Acquit­tal.

Acre (from the Germ. Acker, i. ager) Is a parcel of Land, containing in length forty Perches, and four in bredth, or to that quan­tity, be the length more or less. And, if a Man erect any new Cottage, he must lay four Acres of Land to it, after this measure. Anno 31 E­liz. cap. 7. With this measure agrees Crompt in his Jur. of Courts, fol. 222. Though he says, ac­cording to the Custom of divers Countreys, the Pearch differs, being in some places, and most ordinarily but sixteen foot and a half; but in Staffordshire twenty four foot, as was adjudged in the Case between Sir Edward Aston, and Sir John B. in the Exchequer. In the Statute concerning sowing Flax, (24 Hen. 8. cap. 4.) eightscore Perches make an Acre, which is forty multiplied by four: See also the Ordi­nance of Measuring Land, 31 Edw. 1. Stat. 1. which agrees with this account.

Action (actio) is thus defined by Bracton, lib. 3. cap. 1. & 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur; and is divided into personal, real, and mixt. See Cokes 2 Inst. fol. 40.

Action personal, is that which one Man hath against another, by reason of any Contract for Money or Goods, or for offence done by him, or some other person, for whose Fact he is by Law answerable.

Action real, is that whereby the Demandant claims title to any Lands or Tenements, Rents, or Commons, in Fee-simple, Fee-tail, or for life. And every Action real, is either Posses­sory, that is, of his own Possession or Seisin; or ancestrel, of the Seisin or Possession of his Ancestor. Coke, lib. 6. fol. 3.

Real Actions, as Writs of Right, Writs of En­try, &c. And their several Appendixes, as Grand Cape, Petit Cape, Receit, View, Aid-Prayer, Voucher, Counter-plea of Voucher, Coun­ter-plea of Warrantry, Recovery in value, were several great Titles in our Year-Books, but now much out of use. Preface to Rolls Abridg­ment.

Action mixt, is that which lies indifferent­ly against the thing detained, or against the person of the Detainer; and is so called, be­cause it hath a mixt respect, both to the thing and the person: Or (as others define it) is Sute given by the Law to recover the thing de­manded, and damages for wrong done: As in Assize of Novel Disseisin, which Writ (if the Disseissor make a Feoffment to another) the Disseisee shall have against the Disseisor; and the Feoffee, or other Ter-Tenant to recover not onely the Land, but damages also. And so is an Action of Wast and Quare impedit.

Actions are also divided into Civil, Penal, and Mixt. Coke, Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract, or other like cause, is due to us: As if a Man by Action seek to recover a sum of Money formerly lent, &c.

Action Penal aims at some penalty, or punishment in the party sued, be it corporal or pecuniary: As in the Action Legis Aquiliae in the Civil Law; and with us, the next friends of a Man feloniously slain or wounded, shall pursue the Law against the offender, and bring him to condign punishment. Bracton, lib. 3. cap. 4.

Action Mixt, is that which seeks both the thing, whereof we are deprived, and a penalty for the unjust detaining it: As in an Action for Tythe upon the Statute 2 & 3 Edw. 6. cap. 13. Item est alia Actio Mixta, quae dicitur Actio Hirciscundae, & locum habet inter eos qni com­munem habent haereditatem, &c. See Coke on Littl. fol. 262. b.

Action is also (according to the Form of the Writ) divided into such as are conceived to recover, either the simple value of the thing chalenged, or the double, trebble, or quadruple. As a Decies tantum lies against Embracers. Fitz. Nat. Br. fol. 171. And against Jurors that take Money for their Verdict of either or both par­ties: And to be short, any other Action upon a Statute, that punishes any offence by Resti­tution or Fine, proportionable to the Trans­gression.

Action is Pre-judicial (otherwise termed Pre­paratory) or else Principal. Pre-judicial is that which grows from some question, or doubt in the Principal: As if a Man sue his younger Brother for Land descended from his Father, and it is objected, he is a Bastard. Bracton, lib 3. cap. 4. Numb. 6. This point of Bastardy must be tryed, before the cause can further pro­ceed; and therefore is termed Pre-judicialis, quia prius judicanda.

Action is either Ancestrel or Personal, Stamf. Pl. Cor. 59. Ancestrel seems to be that, which we have by some right descending from our Ancestor; and Personal, which has begin­ning in, and from our selves. There is also Action Ancestrel Droiturel, and Action An­cestrel Possessary; which see in Cokes 2 Inst. fol. 291.

Action upon the Case (actio super casum) is a general Action given for redress of wrongs done to any Man without force, and by Law not especially provided for, and is now most in use. For, where you have any occasion of Suite, that neither has a fit name, nor certain Form already prescribed; there the Clerks of the Chancery, in ancient time, conceived a sit Form of Action for the thing in question, which the Civilians call Actionem in Factum, and we, Action upon the Case.

Action upon the Statute (actio super Statutum) is an Action brought against a Man, upon an offence against a Statute, whereby an Action is [Page] given, and lay not before. As, where one com­mits Perjury, to the prejudice of another, he, who is endamaged, shall have a Writ upon the Statute, and his Cause. And, the difference between an Action upon the Statute, and Acti­on Popular, is, Where the Statute gives the Suite or Action to the party grieved, or other­wise to one person certain, that is called Acti­on upon the Statute. But where Authority is gi­ven by the Statute to every one that will so sue, that is termed Action Popular.

Action is Perpetual or Temporal (Perpetua vel Temporalis) and that is called Perpetual, whose force is by no time determined. Of which sort were all Civil Actions among the Ancient Romans, viz. Such as grew from Laws, Decrees of the Senate, or Constitutions of the Emperors; whereas Actions granted by the Pretor, died within the year. So we have in England, Perpetual and Temporary Actions, and I think all may be called Perpetual, that are not expresly limited. As divers Statutes give Actions, so they be pursued within the time by them prescribed; namely, the Statute of 1 Edw. 6. cap. 1. gives Action for three years after the offences committed, and no longer. And the Statute of 7 Hen. 8. cap. 3. doth the like for four years, and that of 31 Eliz. cap. 5. for one year, and no more. But, as by the Civil Law, no Actions were at the last so per­petual, but that by time they might be pre­scribed against: So in our Law, though Acti­ons may be called Perpetual, in comparison of those that are expresly limited by Statute, yet is there a means to prescribe against Real Acti­ons after five years, by a Fine levied, or a Recovery suffered; as you may see in the words, Fine, Recovery, and Limitation of As­size.

Action of a Writ, is a term used, when one pleads some matter, by which he shews the Plaintiff had no cause to have the Writ he brought; yet it may be, he might have another Writ or Action for the same matter. Such a Plea is called, A Plea to the Action of the Writ. Whereas, if by the Plea it should appear, That the Plaintiff has no cause to have an Acti­on for the thing demanded; then it is called A Plea to the Action. Cowel.

Acts of Parliament are Positive Laws, which consist of two parts (viz.) Of the words of the Act, and the sence of it, and they both, joyned together, make the Law.

Acton-Burnel, a Statute so called, made 13 Edw, 1. & An. 1285. Ordaining the Sta­tute Merchant for Recovery of Debts; and was so termed, because made at Acton-Burnel, a Castle, anciently of the Burnels, afterward of the Lovels in Shropshire.

Actuary (actuarius) is the Scribe that Re­gisters the Acts and Constitutions of the Con­vocation.

Addition (additio) signifies, A Title given to a Man over and above his Christian and Sirname, shewing his Estate, Degree, Mystery, Trade, Place of dwelling, &c. Additions of Estate, are these, Yeoman, Gentleman, Esquire, and such like. Additions of Degree are those we call names of Dignity, as Knight, Lord, Earl, Marquess, and Duke. Additions of Mystery, are, Scrivener, Painter, Mason, &c. Addition of Town, as Dale, Thorp, and such like. And, where a Man hath houshold in two places, he shall be said to dwell in both of them;. so that his Addition in either may suffice.

By the Statute of 1 Hen 5. cap. 5. It was or­dained, That in Suits or Actions where Proces of Outlary lies, such Additions should be to the name of the Defendant, to shew his Estate, Mystery, and place where he dwells, and that the Writs, not having such Additions, shall abate, if the Defendant take exception there­to; but not, by the Office of the Court. And this was ordained, to the intent, that one Man might not be vexed, or troubled by the Outlary of another; but by reason of the certain Ad­dition, every person may bear his own burden. See 2 Part. Institut. fol. 595. & 666. And the Statute 27 Eliz. cap. 7.

Addoubors. See Redoubors.

Adeling or Ethling, from the Sax. Æðe­lan, i. nobilis) Was a Title of Honor among the Angles, properly appertaining to the Suc­cessor of the Crown. For King Edward being himself without issue, and intending to make Eadgar (to whom he was great Uncle by the Mothers side) his heir to this Kingdom, called him Adeling. Hoveden parte poster. Annal. fol. 347. a. Vide Leges S. Edw. Conf. M. S. a. Will. Conq. recept. cap. ante-penult. See more of this word in Spelmans Glossarium.

Adjournment (from the Fr. adjournement) Is when any Court is dissolved for the present, or put off, and assigned to be kept again at an­other day or place. Adjournment in Eyre (Anno 25 Edw. 3. Statute of Purveyers, cap. 18.) Is an appointment of a day, when the Justices in Eyre mean to sit again. And in 2 Edw. 3. cap. 11. Adjournment has the like sig­nification. See Prorogue.

Adjudication (adjudicatio) A giving by Judgment, a Sentence, or Decree, An. 16 & 17 Car. 2. cap. 10.

Ad inquirendum, is a Writ Judicial, com­manding enquiry to be made of any thing touch­ing a Cause depending in the Kings Court, for the better execution of Justice, as of Bastardy, and such like. Whereof see great di­versity in the Table of the Register Judicial, Verbo, Ad inquirendum.

Ad jura Regis, Is a Writ that lies for the Kings Clerk, against him that sought to eject him to the prejudice of the Kings Title in right of his Crown. Of which see Register of Writs, fol. 61. a.

Admeasurement (admensuratio) Is a Writ which lies, for bringing those to Reason, or a Mediocrity, that usurp more then their share. And this in two Cases, the one termed Ad­measurement of Dower (Admensuratio Dotis) where the Widow of the deceased, holds from [Page] the Heir, or his Guardian, more, in the name of her Dower, then of right belongs to her. Register of Writs, fol. 171. a. Fitz. Nat. Br. fol. 148. In which case, the Heir shall be restored to the overplus. The other, Admeasurement of Pasture, (Admensuratio pasturae) which lies between those, who have Common of Pasture, appendant to their Freehold, or Common by Vicenage, in case any of them Surcharge the Common with more Cattle than they ought. Regist. fol. 156. b. Fitz. Nat. Br. fol. 125.

Adminicle (adminiculum) Aid, help, sup­port. Anno 1 Edw. 4. cap. 1.

Administrator (Lat.) Is he that hath the Goods of a Man dying intestate, committed to his charge by the Ordinary, and is account­able for the same, whensoever it shall please the Ordinary to call him thereto. An Action lies against him, and for him, as for an Execu­tor; and he shall be charged to the value of the Goods of the Intestate, and no further; if it be not by his own false Plea, or by wast­ing the Goods of the dead. If the Admini­strator die, his Executors are not Administra­tors; but it behooves the Court to grant a new Administration. If a stranger, who is neither Administrator nor Executor, take the Goods of the dead, and administer of his own wrong, he shall be charged and sued as an Exe­cutor, and not as Administrator. See the Sta­tutes of Westm. 2. cap. 19. And 31 Edw. 3. cap. 11.

Administratrix (Lat.) She that hath such Goods committed to her charge.

Admiral (Admiralius, Admirallus, Ad­miralis, Capitaneus, or Custos Maris) signifies, An High Officer, or Magistrate, that hath the Government of the Kings Navy. See the Sta­tutes 13 & 15 Rich. 2. cap. 5. And 3—2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea. He hath cog­nizance of the death, or maim of a man, com­mitted in any great Ship, riding in great Ri­vers, beneath the Bridges thereof, next the Sea; also to arrest Ships in the great Streams, for the service of the King or Commonwealth, and hath jurisdiction in such Streams, during the same voyages. And it appears, that an­ciently the Admirals of England, had juris­diction of all causes of Merchants and Mari­ners, hapning not onely upon the main Sea, but in all foraign parts within the Kings Do­minions, and without them, and were to judge them in a Summary way, according to the Laws of Oleron, and other Sea-Laws. See Prynnes Animadversions on 4 Inst. pag. 75. & seq.

Admission (admissio) Is when the Bishop, upon examination admits a Clerk to be able, and says Admitto te habilem. Coke on Littl. fol. 344. a.

Admittendo Clerico, Is a Writ granted to him, who hath recovered his right of Pre­sentation against the Bishop in the Common-Bench. The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs, fol. 33. a

Admittendo in Socium, Is a Writ for the association of certain persons to Justices of Assize formerly appointed. Register of Writs, fol. 206. a.

Adnichiled, (Anno 28 Hen. 8. cap. 7.) An­nulled or made void.

Ad quod damnum, Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King, to grant a Fair or Market in any Town, or place; or for the King, or any other person to grant any Lands in Fee-simple to any House of Religion, or other Body Poli­tick. For in such case the Land so given, is said to fall into a dead hand; that is, such an estate and condition, that the chief Lords lose all hope of Heriots, service of Court and Es­cheats, upon any traiterous or fellonious of­fence committed by the Tenant. For a Body Politick dies not, nor can perform personal service to the King, or their Mesn Lords, as single persons may do. And therefore it is reasonable, that before any such grant be made, it should be known what prejudice it is like to work to the Grantor. Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain.

Ad terminum qui praeteriit, Is a Writ of Entry, that lies where a Man, having Leased Lands or Tenements for term of life or years; and after the term expired, is held from them by the Tenant or other Stranger that enjoys the same, and deforceth the Lessor. Which Writ lies for the Lessor, and his heir also. Fitz Nat. Br. fol. 201.

Advent (adventus) Is the time from the Sunday that falls either upon S. Andrews day, or next to it, till the Feast of Christs Nativity, (Sir Edward Coke (2 Part. Inst. fol. 265.) says Advent ends eight days after the Epiphany; but it is a mistake) wherein our Ancestors re­posed much reverence and devotion, in refe­rence to the approaching solemn Feast. For, In Adventu Domini nulla Assisa debet capi. Int. Placita de temp. Regis Johan. Ebor. 126. Whereupon there was a Statute ordained, Westm. 1. cap. 48. That notwithstanding the said usual solemnity and time of rest, it should be lawful (in respect of Justice and Charity, which ought at all times to be regarded) to take Assizes of Novel Disseisin, Mort d An­cester, and Darrcin presentment, in the time of Advent, Septuagesima, and Lent. This is also one of the times, from the beginning whereof, to the end of the Octaves of the Epi­phany; the solemnizing of marriage is forbid­den, without special Licence, according to these old Verses.

See Rogation Week and Septuagesima.

Adultery (Anno 1 Hen. 7. cap. 4. Advoutry, Adulterium, quasi ad alterius thorum) Pro­perly spoken of married persons; but if onely one of the two, by whom this sin is committed, [Page] be married, it makes Adultery; which was severely punished by the ancient Laws of this Land, (not to mention the Julian Law, among the old Romans, which made it death.) Ed­mundus Rex Adulterium affici jussit instar Ho­micidii. LL. suarum, cap. 4. Canutus Rex homi­nem adulterum in exilium relegàri jussit, foemi­nam nasum & aures praecidi. LL. par. 2. cap. 6. & 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem, Episcopus inferio­rem, LL. Hen. 1. cap. 12. Doomsday tit. Chent, Rex, Dover,— De Adulterio per totam Chent, habet Rex hominem, Archiepiscopus mulierem, excepta terra S. Trinitatis, S. Augustini, & S. Martini, de quibus Rex nihil habet. Et tit. Cistre Civitas— Vidua, si se non legitimè com­miscebat xx s emendebat, puella vero x s. The penalty of this sin was called Lairwite by our Saxons. See in 2 Part. Cokes Instit. the notable Case of Margret, the Wife of John de Camois, who, with the consent of her Husband, lived in Adultery with Sir William Panell, yet lost her Dower. See Dower.—Rex—vic. Sutht.—Prae­cipimus tibi quod diligenter inquiri facias per le­gales homines de Visn. Candeur. si Robertus Pincerna, habens suspectum Will. Wake qui cum uxore sua Adulterium committeret, prohibuit ei ingressum Domus suae, & si idem Will. post prohibitionem illam, Domus ipsius Roberti in­gressus Adulterium praedictum commisit, inde praefatus Robertus mentula eum privavit, & si Inquisitio dederit, quod ita sit, tunc eidem Ro­berto & suis qui cum eo erant ad hoc faciend. terr. & catalla sua occasione illa in manum nostram saisita, in pace esse facias, donec aliud inde tibi praecipimus, & veritatem illius inquisitionis G. fil. Petri Justic. & Baronibus nostris de Scace. scire fac. Teste G. fil. Petri Com. Essex apud Wude­stoke, 3 Nov.—Claus. 14 Joh. m. 2.

Ad ventrem-inspiciendum, Is a Feminine Writ, mentioned in the Statute of Essoyns, Anno 12 Edw. 2. See Ventre inspiciendo.

Advocatione decimarum, Is a Writ that lies for the claim of the Fourth Part or upward, of the Tythes that belong to any Church. Re­gister of Writs, fol. 29. b.

Adboutry. See Adultery.

Advow alias abow (advocare) To justifie or maintain an Act formerly done. For ex­ample, One takes a Distress for Rent, or other thing, and he that is distrained, sues a Reple­vin. Now the Distrainet, justifying or main­taining the Act, is said to Avow. Hence comes Advowant and Advowry. Old Nat. Br. fol. 43. Bracton useth the Latin word in the same signi­fication (as Advocatio disseisinae) Lib. 4. cap. 26. And I finde in Cassanaeus de Consuet. Burg. pag. 1210. Advobare in the same significati­on. And pag. 1213. the Substantive Desavoha­mentum, for a Disavowing or refusing to A­vow.

Advowe alias avowe (advocatus) Is used for him that hath right to present to a Benefice, Anno 25 Edw. 3. Stat. 5. Where we finde also Advowce Paramount, for the highest Patron, and is spoken of the King. Advocatus est ad quem pertinet jus Advocationis alicujus Ecclesiae, ut ad Ecclesiam, nomine proprio non alieno, possit praesentare. Fleta, lib. 5. cap. 14. Fitz. Nat. Br. fol. 39. Useth it in the same signification. See Avowe.

Advowee Paramount (Statute of Provi­visors, 25 Edw. 3.) Is taken for the King, or highest Patron.

Advowzen (advocatio) A right to present to a Benefice; as much as Jus Patronatus in the Canon Law. The reason why it is so term­ed, is, Because they that originally obtained the right of presenting to any Church, were up­holders of, or great Benefactors to that Church, either by building or increasing it; and are therefore sometimes termed Patroni, sometimes Advocati, sometimes Defensores, Cap. 4. & 23. De jure Patronatus in Decretal. And Advowzen (being a Bastard-French word) is used for the right of presenting; as appears by the Statute of Westminster, Anno 13 Edw. 1. cap. 5.

Advowzen, Is of two sorts, Advowzen in Gross, that is, Sole, not adhering to any Man­nor, as parcel of its right; and Advowzen Appendant, which depends upon a Mannor, as appurtenant to it, termed by Kitchin an In­cident that may be separated from the Subject. Of this Skene, De verbor. sign. hath these words, Dicitur Advocatio Ecclesiae, vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam, & asserit se in eadem habere jus Patronatus, eamque esse sui quasi clientis loco, vel potius cum aliquis (nempe Patronus) advocat alium jure suo ad Ecclesiam vacantem, eumque loco alterius (veluti defuncti) praesentat, & quasi exhibet.

Aelmefeoh, Pecunia eleemosynaria, scilicet de­naria Sancti Petri. See Almsfeob.

Aetate probanda, Is a Writ that the Kings Tenant, holding in chief by Chivalry, and being Ward by reason of his nonage, obtained to the Escheator of the County where he was born, or sometimes where the Land lay, to enquire whether he were of full age to take his Lands into his own hands. Register of Writs, fol. 294. Fitz. Nat. Br. fol. 253. Now dis­used.

Aery or Airy of Goshawks (Fr. aire) Is the proper word in Hawks, for that we gene­rally call a Nest in other Birds. So it is used Anno 9 Hen. 3. cap. 13. in the Charter of the Forest, and in divers other places.

Aesnecy. See Esnecy.

Affeerers (afferatores) probably from the Fr. affier, i. To confirm or affirm,) are those that are appointed in Court Leets upon Oath, to settle and moderate the Fines of such as have committed faults arbitrarily punishable, and have no express penalty set down by Statute. The Form of their Oath you may see in Kitchin, fol. 46. The reason of this appellation seems to be, because those that are appointed to this Office, do affirm upon their Oaths, what penal­ty they think in Conscience the Offender hath deserved. We finde this word used, Anno 25 Edw. 3. Stat. 7. (viz.) The same Justices [Page] before their rising in every Sessions, shall cause the Amerciaments so be affiered. And to the same effect, Anno 26 Hen. 6. cap. 6. Kitchin, fol. 78. joyns these three words, as Synonima's, Affidati, Amerciatores, Affirores. Bracton hath Affidare mulierem, to be betrothed to a Woman Lib. 2. cap. 12. But I finde in the Customary of Normandy, cap. 20. This word (affeurer) which the Latin Interpreter express­eth by (taxare) that is, to set the price of a thing, as aestimare, indicare, &c. Which etymology seems to be the best.

Affidatus, Signifies a Tenant by Fealty,— Ego Rogerus de F [...]hid dedi, &c. Wil. Wa lensi pro suo servitio unam acram & perchiam terrae, &c. Pro hac donatione & concessione de­venit praedictus Wil. Affidatus meus, &c. Affi­dati non proprie vassalli sunt, sed quasi Vassalli, qui in alicujus fidem & clientelam sunt recepti, recommendati dicti. Laurentii Amalthaea. Affi­datio accipitur pro mutua fidelitatis connexione, tam in Sponsaliis, quam inter Dominum & Vas­sallum. Proles de affidata & non maritata, non est haeres. M. S. Penes Arth. Trevor Ar.

Affirm (affirmare) Signifies to ratisie or confirm a former Law or Judgment. So is the Substantive Affirmance used Anno 8 Hen. 6. cap. 12. And so is the Verb it self by West parte secunda Symbol. tit. Fines, sect. 152. If the Judgment be affirmed, &c. As also by Crompton in his Jurisd. fol. 166. 19 Hen. 7. cap. 20.

Afforest (afforestare) To turn Ground into Forest. Charta de Foresta, cap. 1. Anno 9 Hen. 3. See more in Forest.

Affray (of the Fr. affros, i. A fright) Sig­nifies a skirmish or fighting between two or more. Lamb. in his Eirenarcha, lib. 2. cap. 3. saith, It is ofttimes confounded with Assault; but they differ in this, That an Assault is onely a wrong to the party, an Affray is a common wrong: And therefore both are enquirable and punishable in a Leet. An Affray may al­so be without word or blow given: As if a Man shew himself furnished with Armor or Weapons, not usually worn, it may strike a fear into others unarmed. And so it is used, An. 2 Edw. 3. cap. 3.

Affri vel Affra, Bullocks, or Plough-Beasts. Vicecomes liberet ei omnia catalla debito­ris, exceptis bobus & Affris carucae. Westm. 2. cap. 18. And in Northumberland, to this day, they call a dull or slow Horse, a False aver, or Af [...]r. Spelm. From whence also may come the word Heyfer for a young Cow.

Age (aetas, Fr. aage,) Signifies that part of Mans life, which is from his birth, to this, or his last day. But in Law it is particulary used for those especial times, which enable Men or Women to do that, which before for want of Age, and consequently of Judgment, they might not do. These in a Man, are two; at Fourteen years he is at the Age of Discretion, Twenty one years, is his full Age. Littleton, lib. 2. cap. 4. In a Woman there were six Ages ob­served: First, at Seven years of Age her Fa­ther might, of old, Distrain the Tenants of his Mannor, for Aid to marry her: For at those years she may consent to Matrimony. Bracton, lib. 2. cap. 36. numb. 3. Secondly, At nine years old, she is Dowable; for then or within half a year after, she is able Promereri dotem & virum sustinere. Fleta, lib. 1. cap. 22. Littl. lib. 1. cap. 5. Which Bracton does notwithstanding limit unto Twelve years. Thirdly, At Twelve years she is able finally, to ratifie and confirm her former consent to Matrimony. Fourthly, At Fourteen she is enabled to receive her Lands into her own hands, and should be out of Ward, if she were of this Age at her Ancestors death. Fifthly, At Sixteen years she should be out of Ward, though at the death of her Ancestor she was under Fourteen. The reason is, Because then she might take a Husband able to perform Knights service. Sixthly, At Twenty one years she is able to alienate her Lands and Tenements. Also at the Age of Fourteen, a Man is enabled to chuse his own Guardian, and to claim his Land holden in Soccage. Dyer, fol. 162. Which Bracton (Lib. 2.) limits at Fifteen years, with whom Glanvile also agrees. And at Fourteen a Man may consent to Marriage, as a Woman at Twelve. At the Age of Fifteen years, a Man ought to be sworn to keep the Peace. An. 34 Edw. 1. Stat. 3. The Age of Twenty one did compel a Man to be Knight, that had Twen­ty pound Land per annum in Fee, or for term of life. Anno 1 Edw. 2. Stat. 1. Which Sta­tute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts, and man­age his estate; which until that time, he cannot do, with security of those that deal with him. The Age of Twelve years binds to appearance before the Sheriffs and Coroner, for enquiry after Robberies. Anno 52 Hen. 3. cap. 24. The Age of Fourteen years enables to enter an Or­der of Religion, without consent of Parents. Anno 4 Hen. 4. cap. 17. See Coke on Littl. fol. 78. b.

Age Prier (aetatem precari, or aetatis pre­catio) Is a Petition or Motion made in Court by one in his minority, (having an Action brought against him for Lands coming to him by descent) that the Action may rest till he come to full age; which the Court, in most Cases, ought to grant. This is otherwise in the Civil Law, which enforceth Children in their minority to answer by their Tutors or Cura­tors.

Agenhine. See Hoghenhine.

Agent and Patient, Is when one is the doer of a thing, and the party to whom it is done: As where a Woman endows herself of the fairest possession of her Husband.

Agist (from the Fr. giste, i. A Bed or Resting-place, or from gister, i. stabulari) Sig­nifies to take in, and feed the Cattle of Stran­gers in the Kings Forest, and to gather the Money due for the same. Charta de Foresta, cap. 9. The Officers that do this, are called Agistors, in English Guest or Gist-takers. Crom. Jurisd. fol. 146. These are made by the Kings Letters Patent, and he hath four of them in [Page] every Forest, where he has any Pawnage. In what their Office consists, see Manwood, Part 1. Of Forest Laws, p. 336. Their Function is term­ed Agistment; as, Agistment upon the Sea Banks. Anno 6 Hen. 6. cap. 5. This word agist is also used for the taking in of other Mens Cattle into any Mans Ground, at a certain rate per week. See 4 Part. Instit. fol. 293.

Agreement (Agreamentum, Plowden, fol. 17.) Is a joyning or putting together of two or more Mindes in any thing done, or to be done; and this is in three manners, 1. An Agree­ment executed at the beginning. 2. An Agree­ment after an Act done by another, and is exe­cuted also. 3. An Agreement executory, or to be done. The first is such, whereof men­tion is made in the Statute of 25 Edw. 3. cap. 3. of Cloaths, which saith, That the Goods bought by Forestallers, being thereof attainted, shall be forfeit to the King, if the Buyer thereof have made Gree with the Seller; where the word Gree, which is otherwise called Agreement Executed, signifies Payment for the things, or Satisfacti­on. The second is, where one does an Act, and another agrees or assents thereunto afterwards. The third is, when both parties at one time are agreed, that such a thing shall be done in time to come; which is Executory, in regard the thing is to be done afterwards.

Aid (auxilium) Is all one in signification with the French aide, and differs onely in pro­nunciation, if we take it as it is used in our vulgar language. But, in our Laws, it hath divers particular significations, as sometimes it signifies a Subsidy. An. 14 Edw. 3. Stat. 2. cap. 1. Sometimes a Prestation due from Te­nants to their Lords, as toward the Relief due to the Lord Paramount. Glanvile, lib. 9. cap. 3. This the King or other Lord might of old lay on their Tenants, for Knighting his eldest son at the age of fifteen years, or marrying his daughter at seven. Register of Writs, fol. 87. a. And that at what rate themselves listed. But the Statute of Westm. 1. An. 3 Edw. 1. ordain­ed a Restraint herein upon common persons, being Lords, and tied them to a constant rate. And 25 Edw 3. Stat. 5. cap. 11. Provides, that the rate set down by the former Statute should hold in the King, as well as in other Lords. Of which, I finde mention in the Sta­tute of 27 Hen. 8. cap. 10. This Imposition seems to have descended to us from Normandy, (or rather from a more ancient Original, viz. The Feodal Laws.) For in the Grand Custu­mary, cap. 35. you have a Tractat, entituled, [...] aides Chevelz. i. De auxiliis capitalibus; whereof the first is, A faire Paine filz de son seigneur Chevalier, i. To make the eldest son Knight. The second, Son ainee fille marier, i. To marry the eldest daughter, &c. Both these, and all charges incident thereunto, are taken away and discharged by Statute, 12 Car. 2. cap. 24.

This word Aid is also particularly used in Matter of Pleading, for a Petition made in Court for the calling in of help from another, that hath an interest in the Cause in question; and is likely to give strength, both to the party that prays in Aid of him, and also to avoid a prejudice growing toward his own right, if not prevented. But this course of proceeding is of late much disused. Fitz-Herbert men­tions both Prier in Ayde, and Prier Ayde de Patron, &c. Auxilium petere à patrono, Nat. Br. fol. 50. d. And the New Book of Entries, verbo ayde de parcener, fol. 411. col. 4. The word is also found in 13 Rich. 2. cap. 17.

This Ayd-prier or Aid-prayer, is sometime also used in the Kings behalf, that there be no proceeding against him, till his Council be cal­led, and heard what they can say, for avoid­ing the Kings prejudice or loss in the cause in hand. Also a City or Borough that hath a Fee-Farm of the King, may pray in Ayd of him, if any thing be demanded of them relating thereto. Of this you may read the Statute De Bigamis, An. 4 Edw. 1. cap. 1. 2 & 3. 14 Edw. 3. Stat. 1. cap. 14. & 19 Car. 2. cap. 8. Vide Resceit.

Aile (of the Fr. aieul, i. avus) signifies a Writ that lies, where the Grand-father, or great Grand-father called by us Besaile, but in true French Bisaycul, was seised of any Land or Tenement in Fee-simple the day he died, and a Stranger abateth or enters the same day, and dispossesseth the Heir, Fitz. Nat. Br. fol. 222. See Plowden, fol. 449. b.

Airie of Hawks. See Aerie.

Alba firma. Census annalis qui Centenario sive Domino Hundredi penditur. Ideo alba dicta, quod non ex more prisci saeculi in anuon â quae tunc Black mail nuncupata fuit (hoc est census vel firma nigra) sed argento, quasi censu albo red­debatur. Spelman. Duplex est tenura in Com. Westmerland. scil. una per Albam firmam & alia per Cornagium, &c. 2 Part. Inst. fol. 10.

Alderman (Sax. Ealdorman, i. Senior,) Was among the Saxons, as much as Earl among the Danes, Camb. Brit. fol. 107. Also an Elder, Senator, or Statesman. At this day we call them Aldermen, who are associates to the Civil Magistrate of a City or Town Corporate, 24 H. 8. cap. 13. See Spelmans Glossarium at large on this word, where you shall finde that we had here anciently a title of Aldermannus totius Angliae. Hic requiescit D. Ailwinus inclyti Regis Eadgari cognatus, totius Angliae Alder­mannus, & hujus sacri Caenohii (i. Ramesien.) miraculosus Fundator.

Alepiman (alepimannus)—Omnis Alepi­man de tota Soca de Hecham, debet singulis annis unum Denarium de Chevagio; & operabitur per tres Dies in antumpno, exceptis illis qui ab hac servitute liberi sunt. Consuetudinar. de Hecham Prior. Lew. M. S. pag. 21. Videtur Alepiman­nos istos mancipia fuisse; Chevagii enim solutio servitutis judicium est. Spelman.

Aler sans jour (Fr.) Is verbatim, to go without day; the meaning whereof is to be finally dismissed the Court, because there is no day of farther appearance assigned. Kitchin, fol. 104

[Page] Ale-silver, A Rent or Tribute yearly paid to the Lord Major of London, by those that sell Ale within the City. Antiq. of Purvey­ance, fol. 183.

Aletaster, Is an Officer appointed in every Court Leet, and sworn to look to the Assize, and goodness of Bread and Ale, or Beer, within the Precincts of that Lordship. Kitchin, fol. 46. where you may see the Form of his Oath.

Alias, vide Capias alias.

Alien (alienare) signifies to transfer the property of any thing to another person. To Alien in Mortmain, is to make over Lands or Tenements to a Religious House, or other Body Politick. See Mortmain. To alien in Fee, is to sell the Fee-simple of any Land or Tenements, or of any Incorporeal right. Westm. 2. cap. 25. Anno 13 Edw. 1.

Alien (alienus) One born in a strange Coun­trey. It is usually taken for the contrary to Denizen, or a natural subject, that is, a stran­ger never here enfranchised. Brook, Denizen, 4 &c. Yet a man born out of the Land, so it be within the limits of the Kings obedience beyond the Seas, or of English Parents out of the Kings obedience, so the Parents, at the time of the Birth be of such obedience, is no Alien in account, but a Subject to the King. Stat. 2. 25 Edw. 3. commonly called the Sta­tute De natis ultra mare. Also, if one born out of the Kings alleagiance, come and dwell in England, his Children, begotten here, are not Aliens, but Denizens. See Denizen.

Alimony (alimonia) Nourishment, mainte­nance. But in a modern legal sence, it signi­fies, that portion or allowance, which a mar­ried Woman sues for, upon any occasional se­paration from her Husband; wherein she is not charged with Elopement or Adultery. This Alimony was anciently expressed by rationabile estoverium, for reasonable maintenance. Rex Vic. Bucks salutem. Praecipimus tibi quod de Maritagio Emmae de Pinckeney uxoris Laurentii Penire, qui excommunicatus est, eo quod prae­dictam Emmam affectione maritali non tractat, eidem Emmae rationabile estoverium suum in­venias donec idem Laurentius vir suue eam tan­quam uxorem suam tractaverit, ne iteratus clamor ad nos inde perveniat. T. 29 Aug. Anno Regni nostri 7. Rot. Claus. 7. Hen. p. 1. m 3.

Allay (Fr.) Is used for the temper or mixture of other Metals with Silver or Gold. Anno 9 Hen. 5. Stat. 2. cap. 4. and Stat. 1. cap. 11. The reason of which Allay is, with a baser metal, to augment the weight of the Sil­ver or Gold, so much as may countervail the Princes charge in the Coyning, and to make it the more fusile. Anto. Faber. de Nummariorum debitorum solutionibus, cap. 1. Anno 4 Hen. 7. cap. 2

Allocation (allocatio) A placing or adding unto; also allowance made upon an account: used in the Exchequer.

Allocatione facienda, Is a Writ directed to the Lord Treasurer and Barons of the Ex­chequer, upon a Complaint of some Accomp­tant, commanding them to allow him such sums, as he hath by vertue of his Office law­fully and reasonably expended. Register of Writs, fol. 206. b.

Allodium. See Fee.

Alluminor (from the Fr. allumer, to lighten or kindie) is used for one, who by his trade coloureth or paints upon Paper or Parchment. And the reason is, because lie gives light and ornament by his colours to the Letters, or other Figures coloured. The word is used An. 1 Rich. 3. cap. 9. Now we call him a Limner.

Almner or Aumoner (Elecmosynarius) Is an Officer of a King or Princes house, whose Function is carefully to collect the fragments of Meat and Victuals, and distribute them every day to the poor; charitably to visit the sick and leprous, prisoners, poor widows, needy persons, and those that have no constant abode; likewise to receive, and faithfully distribute cast Horses, Robes, Money, and other things given in Alms; he ought also to excite the King with often admonitions, especially on Festival days, to be bountiful in giving Alms, and to beseech, that his rich robes may not be given to Parasites, Maskers, Stage-players, or the like, but may go towards the increase of his Alms. Fleta, lib. 2. cap. 22.

Almsfeoh or Aelmesfeoh (Sax.) i. Alms­money; that is, Peterpence anciently paid in England, on the first of August, and given by King Ina; called also Romefeoh, Romescot, and Heorthpening. Seldens History of Tythes, pag. 217

Almoin. See Aumone.

Alnage (Fr. Aulnage) Ell-measure, the measuring with an Ell. Anno 17 Edw. 4. cap. 5. See Alnager.

Alnager or Alneger (Fr. Aulner, i. A Measurer by the Ell) signifies a sworn publick Officer, who by himself or deputy looks to the Assize of Woollen Cloth made through the Land, and to the Seals for that purpose ordain­ed, Anno 25 Edw. 3. Stat. 4. cap. 1. And [...] Rich. 2. cap. 2. who is accountable to the King for every Cloth so sealed in a Fee or Custom thereunto belonging, 17 Rich. 2. cap. 2. Read of this more, 27 Edw. 3. cap. 4.—1 Hen. 4. cap. 13.—7 Ejusdem, cap. 10.—11 Ejusdem, cap. 6.—13 Ejusdem, cap. 4.—11 Hen. 6. cap. 9.—31 Ejusdem, cap. 5.—4 Edw. 4. cap. 1.—8 Ejusdem, cap. 1. and 1 Rich. 3. cap. 8. There are now a Ternary of Officers relating to the regulation of Cloathing; all which, were an­ciently comprized in the unity of one person. These bear the distinct names of Searcher, Measurer, and Alneger, which last, though it be a Tautotological expression (Aulnage and Measure, being the same thing denoted in two Languages) yet long usage and custom have brought them to distinct Offices, and that which anciently was called Alnage, from whence the Alnager takes the name, who was no more but Measurer in signification, is now become Collector of the Subsidy granted to the King, [Page] by the before recited Statutes, still holding the name Alnager, because the collection of that Subsidy was by Edward the Third, committed to the charge of the Alnager, and he never­theless not abridged of his measuring and searching, till by his own wilful neglect they became separated, and that by distinct Laws. Insomuch, as there is now a peculiar Measurer, who ought to allow the Assize of length and bredth to every particular Cloth, made in England and Wales: And, because the Subjects of this Land should not be abused, an office of Searching is established by Act of Parlia­ment, whose Officer ought by his Seals, judi­ciously and diligently affixed, to denote the defaults and casual abuses which each particular Cloth contains. All these Offices were ancient­ly under the cognizance of the Alnager; as you may read at large in a Treatise, entituled, The Golden Fleece, Printed Anno 1656. See 4 Instit. fol. 31.

Alodium, in Doomsday, signifies a free Mannor; and Alodarii, Lords of the same. Coke on Littl. fol. 5.

Altarage (altaragium) Comprehends not onely the offerings made upon the Altar, but also all the profit which accrues to the Priest by reason of the Altar, Obventio Altaris.

Northampton, ss. Inter ordines sive decreta de Termino Sancti Mich Anno 21 E­liz. in Scaccario remanentes, & in custodia Rememoratoris Regis inter alia continetur sic.

And the like case was for Norton in Nor­thamptonshire, heard in the said Court within these two or three years, upon the Hearing Or­dered in the like manner.

Oblationes sive numinorum, sive panum, tali vel tali Altari, vel ex devotione vel ex con­suetudine, aut a Parochianis, aut ab extraneis factae, Altaragii nomine censebantnr. Gloss. in Mat. Paris.

Alto & basso, or in Alto & in basso. Pateat universis per presentes quod Willielmas Tylar de Yetton, & Thomas Gower de Ayle­mestre posuerunt se in alto & in basso in arbitrio quatuor hominum, viz.—de quadam querela pen­dente inter eos in Curia de Wyggemore ad sectam praedicti Willielms versus praefatum Tho­mam, Et praedicti quatuor homines judicaverunt & ordinaverunt quod—Dat. apud Aylemestre die Mercurii prox. post Festum Conceptionis B. Mariae, Anno 2 Hen. 5.— Ipse Prior venit & Bogo similiter & ponunt se in gratiam, misericor­diam & voluntatem Regis de alto & basso, ad quod mandantur Turri London, &c. Plac. coram Rege, Hil. 18 Edw. 1. By this is meant, the absolute submission of all differences, small and great, high and low.

Amabyr. See Chevage.

Ambidexter (Lat) He that useth his left hand as well as his right; that plays on both sides: But in the legal acception, it signifies, That Juror or Embraceor who takes Money on both sides for giving his verdiet; for which he forfeits ten times so much as he takes, 38 Edw. 3. cap. 12. Crompt. Just. of P. fol. 156. b.

Ame (Kings Proclamation, 1663.) See Aume.

Amenable (from the Fr. amener, i. To bring or lead unto) Others write it amainable, from the Fr. main, a hand) tractable; that may be led by the hand or governed; that may be brought or fetched in. It is applied in our Law Books to a Woman that is supposed governable by her Husband.

Amendment (amendatio) signifies the cor­rection of an Error committed in a Process, and espied before or after Judgment; and sometimes after the party seeking advantage by the Error. Brook, titulo, Error and Amend­ment.

Amerciament (from the Fr. Merci, i. mi­sericordia,) signifies the pecuntary punishment of an offender against the King, or other Lord in his Court, that is found to be in misericordia, i. to have offended, and to stand to the mercy of the Lord. There seems to be a difference between Amerciaments and Fines: These, as they are taken for punishments, are punishments certain, which grow expresly from some Sta­tute; but Amerciaments are arbitrably im­posed by Affeerors. See Kitchin, fol. 78. and 214. Manwood (in his first part of Forest Laws, pag. 166.) makes another difference, as if an Amerciament were a more easie or merciful penalty, and a Fine more sharp and grievous. Take his words, If the Pledges for such a Tres­pass appear by common Summons, and not the Defendant himself, then the Pledges shall be im­prisoned for the Defendants default. But other­wise it is, if the Defendant himself appear, and be ready in Court before the Lord Justice in Eyre, [Page] to receive his Judgment, and to pay his Fine. But if such Pledges make default, they shall be Amerced, but not Fined. The Author of the New Terms of Law saith, That Amerciament is most properly a Penalty assessed by the Peers or Equals of the Party Amerced for an offence done; for which, he puts himself upon the mercy of the Lord: Who also mentions an Amerciament Royal, and defines it to be a pe­cuniary punishment laid upon a Sheriff, Coro­ner, or such like Officer of the King, by Justices for some offence. Ratcliff, Baron of the Exchequer, 2 Hen. 7. fol. 7. See Miseri­cordia.

Amortization (amortizatio, Fr. amortisse­ment) Est praediorum translatio in manum mor­tuam, quod tamen sine venia Principis non fiat. Jus amortizationis est privilegium seu licentia capiendi in manum mortuam. In the Statute De libertatibus perquirendis, Anno 27 Edw. 1. the word Amortisement is used. See Mortmain.

Amortize (from the Fr. amortir) Is to Alien Lands or Tenements to any Corporation, Guild or Fraternity, and their Successors; which can­not be done without Licence of the King, and the Lord of the Mannor. Anno 15 Rich. 2. cap. 5. See Mortmain, and the Statute of A­mortizing Lands made tempore Edw. 1.

Amoveas manum. See Ouster le Main.

An, jour & Waste (Annus, Dies, & Vastum) Look Year, Day, and Waste.

Ancorage (ancoragium) A duty taken of Ships for the Pool of the Haven, where they cast Anchor. M. S. Arth. Trevor Ar. For no man can let any Anchor fall on the Kings Ground in any Port, without paying therefore to the Kings Officers appointed by Patent.

Ancestor, (antecessor) Is well known; but we make this difference betwixt that and Pre­decessor; the first is applied to a natural per­son, as I. S. & Antecessores sui; the other to a Body Politick or Corporate, Episcopus Win­ton. & Predecessores sui. Coke on Littl. Lib. 2. cap. 4. Sect. 103.

Ancestrel, As Homage Ancestrel, i. Homage that hath been done or performed by ones An­cestors. See Homage.

Ancient, (Fr. ancien) In Greys-Inn the Society consists of Benchers, Ancients, Bar­rasters, and Students, under the Bar; where the Ancients are of the more Ancient Bar­rasters. In the Inns of Chancery there are onely Ancients, and Students, or Clerks, and among the Ancients, one is yearly the Principal, or Treasurer. In the Middle-Temple, Ancients are such as are past their Reading, and never read.

Ancient demean or demain, (vetus Patri­monium Domini) Is a certain Tenure, whereby all the Mannors belonging to the Crown in the days of Saint Edward, or William the Con­queror, were held. The number and names of which Mannors, as of all other belonging to common persons, after a Survey made of them, he caused to be written in a Book, now re­maining in the Exchequer, and called Dooms­day. And those which by that Book appear to have at that time belonged to the Crown, and are contained under the Title Terra Regis, are called Ancient Demesn. Kitchin. fol. 98. Of these Tenants there were two sorts; one that held their Land frankly by Charter, the other by Copy of Court-Roll, or by Verge at the Will of the Lord, according to the Custom of the Mannor. Britton. cap. 66. numb. 8. The benefit of this Tenure consists in these Points. 1. The Tenants holding by Charter, cannot be impleaded out of their Mannor, or, if they be, they may abate the Writ; by Pleading their Tenure, before or after answer made. 2. They are free of Toll, for all things, concerning their Sustenance and Husbandry. 3. They may not be empannelled upon any Enquest. See more in Fitz. Nat. Br. fol. 14. d. & fol. 228, &c. By whom it appears, these Tenants held originally by Ploughing the Kings Land, plashing his Hedges, or such like, towards the mainte­nance of his Houshold; in which regard, they had such Liberties given them, wherein, to avoid disturbance, they may have Writs to such as take the Duties of Toll; as likewise for Immunity of Portage, Passage, or such like. No Lands ought to be accounted Ancient De­mesn, but such as are held in Soccage. See Monstraverunt and Demain.

Ancienty, (Fr. anciennete, i. ancientnes) In the Statute of Ireland, 14 Hen. 3. is used for Eldership or Seniority. As, The Eldest Sister can demand no more then her other Sisters, but the chief Mease by reason of her Ancienty.

Andena, A swath in Mowing. See Dole.

Annats (annates) Are all one with First­fruits. Anno 25 Hen. 8. cap. 20. The reason is, because the rate of First-fruits paid of Spi­ritual Livings, is after one years profit. An­nates more suo appellant primos fructus unius anni sacerdotii vacantis, aut dimidiam eorum partem, says Polydor Virgil de Inven. rerum lib. 8. cap. 2. Note, Annates, Primitiae, and First-fruits, are all one. Cokes 12. Rep. fol. 45. See First­fruits.

Anniented (from the Fr. aneantir, i. To make void) signifies as much as frustrated or brought to nothing. Littleton, lib. 3. cap. War­ranty.

Anniversary days (dies anniversarii) Were of old those days, wherein the Martyrdoms or Deaths of Saints were celebrated yearly in the Church; or the days whereon, at every years end, Men were wont to pray for the Souls of their deceased Friends, according to the con­tinued custom of Roman Catholicks; menti­oned in the Statute 1 Edw. 6. cap. 14. and 12 Car. 2. cap. 13. This was in use among our ancient Saxons, as you may see in Lib. Rames. Sect. 134.

Annua pensione, Is a Writ (now difused) whereby the King having an Annual Pension due to Him from an Abbor or Prior, for any of His Chaplains, (whom He should think good to nominate, being as yet unprovided of suffi­living) [Page] demands the same of the said Abbot or Prior; and also wills him for His Chaplains better assurance, to give him His Letters Patent for the same. Register of Writs, fol. 265, 307. And Fitz. Nat. Br. fol. 231. Where you may see the names of all the Abbeys and Priories bound to this, in respect of their Foundation or Creation.

Anno Domini, Is the computation of time from the Incarnation of our Lord JESUS, and is used in publick writings; sometimes with, and sometimes without the year of the Kings reign. As the Romans made their com­putation from the Building of the City Rome, and the Grecians by Olympiads: So Christians in remembrance of the happy Incarnation of our Saviour, reckon their time from thence. The day of the Moneth, the Year of our Lord and Sa­viour Christ, and the Year of the Kings reign, are the usual Dates of Deeds. Cokes 2 Inst. fol. 675.

Annuity (annuus redditus) Signifies a Yearly Rent to be paid for term of Life, or Years, or in Fee; and is also used for the Writ that lies against a Man for recovery of such a Rent. Register of Writs, fol. 158. Fitz. Nat. Br. fol. 152. Annuity is otherwise de­fined to be a certain sum of Money granted to another in Fee-simple, Fee-tail, for Life or Years, to receive of the Grantor or his Heirs, so that no Free-hold be charged therewith; whereof a man shall never have Assize, or other Action, but a Writ of Annuity. Doctor and Student, Dial. 1. cap. 3. Shews several dif­ferences between a Rent, and an Annuity, whereof the first is, That every Rent, be it Rent-charge, Rent-service, or Rent-seek, is issuing out of Land; but an Annuity chargeth the person onely, that is to say, The Grantor or his Heirs that have Assets by descent. The second is, That for the recovery of an An­nuity, no Action lies, but onely the Writ of Annuity against the Grantor, his Heirs, or Successors; but of a Rent, the same Actions lie as do of Land, as the Case requires. The third difference is, That an Annuity is never taken for Assets, because it is no Free-hold in Law, nor shall it be put in Execution upon a Statute Merchant, Statute Staple or Elegit, as a Rent may. Dyer, fol. 345. numb. 2. Coke on Littl. fol. 144. b.

Anoisance alias Nusance (Fr. Nuisance, i. Hurt or Offence) Hath a double significa­tion, being used as well for any hurt done, either to a publick place, as High-way, Bridge, or Common River; or to a private, by laying any thing that may breed infection, by incroach­ing, or such like means: As also, for the Writ that is brought upon this transgression; where­of see more in Nusance. The word Anoisance I finde Anno 22 Hen. 8. cap. 5.

Ansel weight. See Aunsel.

Apostata capiendo, Is a Writ (now out of use) that lay against one, who having entred and professed some Order of Religion, brake out again and wandered the Countrey, con­trary to the Rules of his Order. The form whereof, with other circumstances, you shall finde in the Register of Writs, fol. 71. & 267. And Fitz. Nat. Br. fol. 233.

Apparator (Anno 21 Hen. 8. cap. 5) A Messenger that cites offenders to appear in the Spiritual Court, and serves the Process there­of.

Apparlement (of the Fr. pareillement, i. likewise, or in like manner) Signifies a resem­blance, or likelihood; as Apparlement of War, mentioned in our Statutes.

Appeal (Fr. Appel) Is as much as accu­satio with the Civilians. For, as in the Civil Law, Cognizance of Criminal Causes, is taken either upon inquisition, denunciation, or ac­cusation; so in ours, upon Indictment or Ap­peal: Indictment comprehending both Inquisi­tion and Denunciation; and Accusation or Appeal, is a lawful Declaration of another Mans crime (which by Bracton must be Felony at least) before a competent Judge, by one that sets his name to the Declaration, and un­dertakes to prove it, upon the penalty that may ensue of the contrary. For the whole course of an Appeal, I must refer you to Bracton, lib. 3. tract. 2. cap. 18. Smith de Republ. Angl. lib. 3 cap. 3. Britton, cap. 22, 25. And to Stamf. Pl. Coron. lib. 2. cap. 6, 7, &c. An Ap­peal is commenced two ways, either by Writ or by Bill; Appeal by Writ is, when a Writ is purchased out of the Chancery, by one to an­other; to this end, that he Appeal a third of some Felony committed by him, finding Pledges that he shall do it, and deliver this Writ to the Sheriff to be recorded. Appeal by Bill is, when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner, offering to undergo the burden of Appealing the per­son therein named.

This point of our Law, among others is drawn from the Normans, which appears plain­ly by the Grand Customary, cap. 68. Where there is set down a solemn discourse, both of the effects of this Appeal, viz. The Order of the Combat, and of the Tryal by Inquest; which by our Law, is in the choice of the De­fendant. See New Book of Entries, verbo Ap­pel. Book of Assizes, fol. 78. And 3 Part. Inst. fol. 131.

Appeal of Maihem, Is an accusing of one that hath maimed another. But that being no Felony, the Appeal thereof is but in a manner an Action of Trespass; because there is nothing recorded but damages. Bracton calls this Ap­pellum de Plagiis & Mahemio, and writes a whole Chapter of it, Lib. 3. Tract. 2. cap. 24. See Coke, Vol. 4. fol. 43. a. In King Johns time, there is recorded an Appeal against a Jew, Qui fecit ementulari quendam nepotem suum.

Appeal of wrong Imprisonment, Is used by Bracton for an Action of wrong Imprisonment, Lib. 3. Tract. 2. cap. 25.

Appeal (from Appello, to call, because Appellans vocat reum in judicium, Coke on Littl. lib. 2. cap. 11.) Is divers times used in our [Page] Common Law, as in the Civil; which is for a removing of a Cause from an Inferior Judge to a Superior; As Appeal to Rome, Anno 24 Hen. 8. cap. 12. and 1 Eliz. cap. 1. So S. Paul appealed from Festus to Caesar. But more com­monly for the private accusation of a Murderer, by a Person who had interest in the party mur­dered, or of any Felon by one of his Com­plices in the Fact. See Approver, and see Coke on Littl. fol. 287. b.

Appellor or Appealor, Is he, who hath committed some Felony which he confesses, and now Appeals, that is, Accuses others who were complices with him. And those that are so ap­pealed are called Appealees. Anno 28 Edw. 1. See Approver.

Appendant (appendens) Is an Inheritance belonging to another that is more worthy; as Accessorium principali with the Civilians, or, Adjunctum subjecto with the Logicians. An Hospital may be Appendant to a Mannor, Fitz. Nat. Br. fol. 142. Common of Fishing appendant to a Freehold, Westm. 2. c. 25. Anno 13 Edw. 1. Appendants are ever by Prescription. See Coke on Littl. fol. 121. b.

Appennage or Apennage (Fr.) The por­tion of the Kings younger Children in France, a Childes part. They have in France a Funda­mental Law, which they call the Law of Apen­nages, whereby the Kings younger Sons have Dutchies, Counties, or Baronies, granted un­to them, and their Heirs, or Heirs-males of their Bodies, the Reversion reserved to the Crown, and all Matters of Regality, as Coyn­age, Levying Taxes, and the like. It is derived Ab appendendo, or from the German word Avanage, which signifies a Portion. See Gerard du Heylan, & Spel. Glossar. in voce Appen­nagium.

Appertinances (pertinentia) Are things both Corporal, belonging to another thing, as to the more principal; as Hamlets to a cheif Mannor, Common of Pasture, Turbary, Pis­cary, and such like; and Incorporeal, as Liber­ties, and Services of Tenants, Brit. cap. 39. Where it may be observed, That he accounts Common of Pasture, Turbary, and Piscary, to be things Corporal. See Common.

Apportionment (apportionamentum) Is a dividing of a Rent into parts, according as the Land (whence the whole Rent issues) is di­vided among two or more. As if a Man have a Rent-service issuing out of Land, and he purchaseth part of the Land, the Rent shall be apportioned, according to the value of the Land. So if a Man let Lands for years, re­serving Rent, and after a stranger recovers part of the Land, the Rent shall be apporti­oned. But a Rent-charge cannot be apportioned, nor things that are entire; As if one hold Land by service, to pay to his Lord yearly at such a Feast, a Horse, or Rose; there, if the Lord purchase part of the Land, this service is to­tally extinct; because such things cannot be divided without hurt to the whole. Yet in some Cases a Rent-charge shall be apportioned, as if a Man hath a Rent-charge issuing out of Land, and his Father purchaseth part of the Land charged in Fee, and dies, and this par­cel descends to his Son, who hath the Rent­charge; there this Charge shall be apportioned, according to the value of the Land; because such portion of the Land, purchased by the Father, comes not to the Son by his own Act, but by descent and course of Law. Common Appendant is of common right, and severable; and though the Commoner, in such case, pur­chase parcel of the Land, wherein the Common is Appendant, yet the Common shall be appor­tioned. But in this case, Common Appurtenant, and not Appendant, by such Purchase is ex­tinct. Coke, lib. 8. fol. 79.

Apposer. See Forein Apposer.

Apprendre, (Fr.) As Fee or Profit Ap­prendre (Anno 2 & 3 Edw. 6. cap. 8.) Fee or Profit to be taken or received.

Apprentice, (Fr. apprenti, and that from apprendre, to learn, whence their apprentisage, and our apprentiship) Is one that is bound by Covenant to serve a Tradesman or Artificer, a certain time (for the most part seven years) upon condition, That the Master shall, during that time, instruct him in his Art or Mystery. Sir Tho. Smith (in his Rep. Angl. lib. 3. cap. 8.) says, They are a kinde of Bondmen, differ­ing onely, in that they are servants by Cove­nant, and for a time. Anciently Barrasters were called Apprentices of the Law. As ap­pears by Mr. Seldens Notes upon Fortescu, p. 3. So the Learned Plowden stiled himself. Sir Henry Finch in his Nomotechnia writes himself Apprentice del Ley; and Sir Edward Coke in his 2 Part. Instit. fol. 564. says Apprenticii Legis, in pleading, are called Homines consili­arii, & in Lege periti. And in another place,— Apprentices, and other Counsellors of Law.

Appropriation (appropriatio, from the Fr. approprier, i. aptare, accomodare) Signifies the severing of a Benefice Ecclesiastical (which originally, and in nature is, Juris Divini, & in Patrimonio nullius) to the proper and perpe­tual use of some Religious House, Bishoprick, College, &c. So called, because Parsons, not being ordinarily accounted (Domini) but usu­fructarii, having no right of Fee-simple, are by reason of their perpetuity, accounted own­ers of the Fee-simple, and therefore called Proprietarii. Before the time of Richard the Second, it was lawful (as it seems) to appro­priate the whole Fruits of a Benefice to an Abbey or Priory, they finding one to serve the Cure. But that King ordained, That in every Licence of Appropriation made in Chan­cery, it should expresly be contained, That the Diocesan of the place should provide a con­venient sum of money to be yearly paid out of the Fruits, towards the sustenance of the poor in that Parish, and that the Vicar should be well and sufficiently endowed, Anno 15 Rich. 2. cap. 6. To make an Appropriation (after Licence obtained of the King in Chancery) the consent of the Diocesan, Patron, and Incum­bent [Page] are necessary, if the Church be full; if it be void, the Diocesan, and the Patron, up­on the Kings Licence, may conclude it. Plow­den in Grendons Case, fol. 496. To dissolve an Appropriation, it is enough to present a Clerk to the Bishop, and he to institute, and induct him: For that once done, the Benefice returns to the former nature, Fitz. Nat. Br. 35. and Coke, lib. 7. fol. 13.

Approvement (Anno 43 Eliz. cap. 11.) Is the same with improvement; but it is more particularly used for the enclosing part of a Common by the Lord of the Mannor, leaving sufficient nevertheless for the Commoners.

Approver (approbator) Is one, that confes­sing Felony committed by himself, appeals or accuses others to be guilty of the same; and is so called, because he must prove that which he hath alleaged in his Appeal. This Proof is by Battle, or by the Countrey, at his election that appealed. The Form of this Accusation you may in part gather by Cromptons Justice of Peace, fol. 250. & 251. That it is done before the Coroner, either assigned to the Felon by the Court, to take and record what he saith, or else cal [...]ed by the Felon himself, and requi­red for the good of the Commonwealth to do so. The Approvers Oath, when he begins the Combat, you may see in the last Page of Crompton, as also the Proclamation by the Herauld. Of the Antiquity of this Law, read at large Bracton, lib. 3. Tract. 2. cap. 21. & 34. Stamf. Pl. Cor. lib. 2. cap. 52. cum seq. And 3 Part. Instit. fol. 129. See Prover.

Approvers of the King (Approbatores Regis) Are those that have the letting of the Kings Demeans in small Mannors, to his best advantage. Anno 51 Hen. 3. Stat. 5. And in the Statute of 1 Edw. 3. cap. 8. the Sheriffs call themselves the Kings Approvers.

Approve (approhare) To augment or (as it were) to examine to the utmost. For example, To approve Land, is to make the best benefit of it by increasing the Rent, &c. Anno 9 Hen. 6. cap. 10. Bailiffs of Lords in their Franchises, are called their Approvers; and by what fol­lows, you may see what kinde of Approvers or Improvers were formerly in the Marches of Wales, authorized by the Prince thereof. Richard de Lyngein Emprover desuth Com­mission nostre tre dout Seigneur le Prince deins le Counte de Hereford, & le Marches ad­joygnant, a toutz y ceux qui cests Letters ver­ront ou orront, salutz. Sachez moy aver grant a une Janin de Brompton loyal & leige home nostre Seigneur le Roy, & a ses servants, de vendre & acheter bests & berbez deins le Counte de Here­ford, & le Marche adjoygnant sans empechement ou arrest de nulluy, come loyal & leige hommes, a son propre use & encrese, sans refreshmente des Rebels de Gales. Et cest ma Lettre serra son Garrant. En tesmoignage de quel chose a y ceste jay mise mon Seal. Don a Lemestre le xi jour de Julet le ann de Regne le Roy Henric. le quart apres le Conquest, quarte.—See 2 Part. Instit. fol. 474.— Quod nullus libere tenens infra Ba­roniam illam se appruira posset de vasto suo, &c.

Aquage (aquagium, q. aquae agium, i. aquae ductus & aquaegangium)—Non liceat alicui de caetero facere dammas vel fordas aut alia im­pedimenta in aliquibus landeis watergangiis, fos­satis sive aquagiis eommunibus in marisco prae­dicto. Ordinatio Marisci de Romeney facta tempore Hen. 3. & Edw. 1. pag. 72. See Water­gage.

Arbitrator (Lat.) Is an exttaordinary Judge or Commissioner in one or more Causes, between party and party, chosen by their mu­tual consents. This Arbitrement is either ge­neral, that is, including all Actions, Quarrels, and Demands, or Special, which is or one or more Matters, Facts, or Things specified. The Civilians make a difference between Arbiter and Arbitrator: For though they both ground their power upon the comprimise of the parties, yet their liberty is divers. For Arbiter is tied to proceed and judge according to Law, with Equity intermingled; Arbitrator is per­mitted wholly to his own discretion, without solemnity of Process or Course of Judgment, to hear or determine the Controversie commit­ted to him; so it be Juxta Arbitrium boni viri. See Alto & Basso.

Arbitrement. See Arbitrator.

Arches Court (Curia de Arcubus) Is the chief and ancientest Consistory that belongs to the Archbishop of Canterbury, for debating Spiritual Causes; and is so called from Bow-Church in London, (dedicated to the Blessed Virgin) where it was kept. And the Church is so called of the fashion of the Steeple or Clochier thereof, whose top is raised of Stone-pillars, built Arch-wise, like so many Bent-Bows.

The Judge of this Court is termed The Dean of the Arches, or The Official of the Arches Court. Dean of the Arches, because with this Officialty is commonly joyned a pe­culiar Jurisdiction of Thirteen Parishes in London, termed a Deanry, being exempted from the Authority of the Bishop of London, and belonging to the Archbishop of Canterbury, of which, the Parish of Bow is one, and the chief, because the Court was there kept.

The Jurisdiction of this Judge is ordinary, and extends it self through the whole Province of Canterbury. So that upon any Appeal made, he forthwith, and without any further exami­nation of the Cause, sends out his Citation to the Appealee, and his Inhibition to the Judge, from whom the Appeal was made. Of this read more in Historia de Antiq. Eccles. Britan. And 4 Part. Instit. fol. 337.

Archive (archivum, from arca, a Press or Chest.). The Rolls, or a place wherein Ancient Records, Charters, and Evidences (that be­long to the Crown and Kingdom) are kept; also the Chancery or Exchequer Office.

Armes (arma) In the understanding of Law, are extended to any thing that a Man wears for his defence, or takes into his hands, or useth in his wrath to cast at, or strike another. [Page] Crompt. Just. of Peace, fol. 65. a. So Armorum appellatio, non utique scuta & gladios, & galeas significat, sed & fustes & lapides.

Armes are also, what we call in Latin Insig­nia, Ensigns of Honor.

Argentum Dei. Gods-penny, i. Earnest Money, or Money given in earnest: In Lin­colnshire called Erles.

Arpen or Arpent (Fr.) An Acre or Fur­long of Ground, the most ordinary one, called L'Arpent de France, is One hundred Perches square, after Eighteen Foot to the Perch. This word is often found in Doomsday, Quatuor Arpenni vineae noviter plantatae. Tit. Middle­sex.

Array (an old Fr. word) signifies the rank­ing or setting forth a Jury or Enquest of Men, empannelled upon a Cause. 18 Hen. 6. cap. 14. Hence the Verb to Array a Pannel. An. 3. H. 5. cap. 5. and Old Nat. Br. fol. 157. That is, to set forth the Men empannelled one by an­other. The Array shall be quashed, ibidem. By the Statute, every Array in Assize ought to be made four days before. Br. tit. Pannel. num. 10. To challenge the Array. Kitchin, fol. 92. See Challenge. To lead and conduct persons armed and arrayed, 14 Car. 2. cap. 3.

Arrayers (arraiatores) Is used in the Sta­tute, 12 Ri [...] cap. 6. for such Officers, as had care of the Soldiers Armor and see them duly accoutred in their kindes. Such were the Com­missioners of Array, appointed by King Charles the First, in the year 1642. Edw. Dei gratia Rex Angliae, Dominus Hib. & Dux Aquit. di­lectis & fidelibus suis Johanni de Occlesthorp & Johanni de Fenton, electoribus & Arraiatoribus hominum in Wapentachio de Barkeston salutem. Cum ad repellendam Scotorum maliciam qui regnum nostrum hostiliter sunt ingressi, homicidi­am, depredationes, incendia & alia mala—citia perpetrando versus partes Marchiae Scotiae, &c. Inde Scoti cum toto posse suo ut pro certo didisci­mus propè ci [...]itatem nostram Karleoli ista die Martis se congregare proponunt, &c. Nos consi­derantes periculum, &c. Omnes homines defen­sibiles & potentes ad pugnandum ejusdem Wapen­tagii tam milites quam alii, &c. I. me ipso apud North-Alverton xiii die Junii, Anno regni nostri primo.

Arraine or Arraigne (from the French Arranger, i. to set a thing in order or in his place) hath the same signification in Law: For he is said to Arraine a Writ of Novel Disseisin, who prepares and fits it for Tryal before the Justices of the Circuit, Old Nat. Br. fol. 109. Littleton (pag. 78.) useth the word in the same sence, viz. The Lease arraineth an Assize of Novel Disseizin. To arraign the Assize, is to cause the Tenant to be called, to make the Plaint, and to set the Cause in such order, as the Tenant may be enforced to answer thereto, Coke on Littl. fol. 262. b. Also a Prisoner is said to be arraigned, when he is endicted and brought forth to his Tryal. Arraigned within the Verge upon Murder. Stamf. Pl. Cor fol. 150. The manner of this Arraignment you may read in Sir Thomas Smith de Rep. Angl. lib. 2. cap. 23.—The Learned Spelman is of opinion, it should be written Arrame, from arramare, and that from the old French arramir, i. ju­ra [...]e, promittere, solenniter profiteri.

Arrearages (from the Fr. arriere, retrò) The remain of an Accompt, or a Sum of Money remaining in the hands of an Accomptant. It is sometimes used more generally for any Money unpaid at a due time; as Arrearages of Rent.

Arrentation (from the Span. arrendare, q. ad certum reditum dimittere,) Ordin. Forestae, 34 Edw. 1. cap. 6. Signifies the licencing an owner of Lands in the Forest, to enclose them, (Bassa haya & parvo fossato, i. with a low Hedge, and small Ditch; which is according to the Assize of the Forest) under a Yearly Rent. Saving of the Arrentations, Is saving power to give such Licences for a Yearly Rent.

Arrest (Fr. a stop or stay, and is metapho­rically used for a Decree, or Determination of a Cause debated, or disputed pro and con; as Arrest du Senat. i. Placitum Curiae.) with us Arrest is taken for the Execution of the Command of some Court or Officer of Justice, and a Man stopped, staid, or apprehended for Debt, &c. is said to be Arrested; which may be called The beginning of Imprisonment.

To move or plead in Arrest of Judgment, is to shew cause why Judgment should be staid, notwithstanding the Verdict be given. To plead in Arrest of taking the Enquest upon the former Issue, is to shew cause why an Enquest should not be taken, &c. Brook, tit. Repleader. For preventing Arrests of Judgments, see the Statute, 16 & 17 Car. 2. cap. 8.

Arrestandis bonis ne dissipentur, Is a Writ which lies for him, whose Cattle or Goods are taken by another, who during the controversie, doth, or is like to make them away, and will hardly be able to make satis­faction for them afterward, Register of Writs, fol. 126.

Arrestando ipsum, qui pecuniam recepit ad proficiscendum in obsequium Regis, &c. Is a Writ which lies for the apprehension of him that hath taken Prest-Money for the Kings Wars, and hides himself when he should go Register of Writs, fol. 24. b.

Arresto facto super bonis mercatorum alieni­genorum, &c. Is a Writ which lies for a Deni­zen, against the Goods of Strangers of any other Countrey, found within this Kingdom, in recompence of Goods taken from him in that Countrey, after he hath been denied re­stitution there. Register of Writs, fol. 129, a. This among the Ancient Civilians was called Clarigatio, now barbarously Reprisalia.

Arretted, (arrectatus, quasi, ad rectum voca­tus) That is convented before a Judge, and charged with a crime. It is sometimes used for imputed, or laid unto; as, no folly may be ar­retted to one under age. Littleton, cap. Re­mitter. Chaucer useth the Verb Arretteth, i. Layeth blame, as it is interpreted. Bracton [Page] says, Ad rectnm babere Malefactorem, i. To have the Malefactor forth coming, so as he may be charged and put to his Tryal, Lib. 3. tract. 2. cap. 10. And in another place, Recta­tus de morte hominis, charged with the death of a Man.

Arrura,—Hoc Scriptum factum apud Sut­ton Courtenay, 20 Dic Dec. 4 Edw. 3. Inter Do­minum Hugonem de Courtenay ex parte una & Ric. de Stanlake & Johannam uxorem ejus ex altera, testatur, quod idem Dominus Hugo, in excambium—remisit—eisdem Ricardo & Johan­nae—omnimoda opera, VIZ. Arruras, Messiones & Cariagia, & alia quaecunque opera—Et ipsi non dabunt Medfee, &c. Penes Tho. Wollascot de Sutton praedict. Ar. q. If not here used for Ploughing and Harrowing.

Arthel, (An. 26 H. 8. cap. 6.— And that no person or persons shall hereafter, at any time, cast any thing into any Court within Wales, or in the Lordships Marchers of the same, by the mean or name of an Arthel; by reason whereof the Court may be let­ted, disturbed, or discontinued for that time, upon pain of, &c.) Is a British word, and is more truly written Arddelw, which the South­wales men write Arddel, and signifies (accord­ing to Dr. Davies Dictionary) Astipulari, Asserere. Vindicare; Assertio, Vindicatio; An­glicè Avouch. Example, O delir Dyn, 'ai ledrad yn ei Law rhaid iddo geifio Arrdelw cyfreithlon, i fwrw ei ledrad oddiwrtho. i. It a Man be taken with stoln Goods in his hands, he must be allowed a lawful Arddelw (Vouchee) to cleer him of the Felony. Which is part of the Law of Howel Dda; but pro­bably was so abused in Henry the Eighths time, by the delay of, or exemption of Felons, and other Criminals from, Justice, that provision by this Statute was made against it. Thus ex­plicated by the Learned Meredith Lloyd Es­quire

Articles of the Clergy (Articuli Cleri) Are certain Statutes made touching Persons and Causes Ecclesiastical. Anno 9 Edw 2. and Anno 14 Edw. 3. Stat. 3.

Assart, (Fr. Essarter, to glade or make Glades in a Wood, to make Plain, to Grub up or clear a ground of Bushes, Shrubs, &c.) Is (according to Manwood, cap. 9. numb. 1.) an offence committed in the Forest, by pluck­ing up those Woods by the Roots, which are Thickets, and Cover for the Deer, and by making them plain as arable Land; which is the greatest Offence or Trespass that can be done in the Forest, to Vert or Venison, con­taining as much or more then Waste. For whereas Waste of the Forest, is but the Felling and Cutting down the Coverts, which may grow again: Assart is a Plucking them up, and Destroying them; which is confirmed out of the Red Book in the Exchequer, in these words, Assarta verò occasiones nominantur, quando Forestae nemora vel Dumeta, pascuis & latibulis ferarum oportuna, succiduntur: Quibus succisis & radicitus avulsis, terra subvertitur & excoli­tur. And again out of Register of Writs, fol. 257. in the Writ Ad quod Damnum, sent out in case where a Man sues for a Licence to Assart his Grounds in the Forest, and to make it several for Tillage. So that it is no offence, if done with Licence. To this Bracton may be added, (Lib. 4. cap. 38.) who saith, That these words Boscus efficitnr Assartum, signifie as much as Redactus ad culturam. Of this you may read more in Cromp. Jursid. fol. 203. and in Charta de Foresta, Anno 9 Hen. 3. cap. 4. where it is written Assert, not Assart. And in Manwood, part. 1. pag. 171. That which we call Assartum, is elswhere termed Disboscatio. Quietus de Essartis we finde in a Charter of Priviledge granted by Henry the First, to the Abbot of Rames. Sect. 198. And in Pat. 18 Edw. 3. pag. 1. m. 19.—Et quibusdam Sartis, quae sartaverunt homines ipsius Ecclesiae, &c.

Assart was also anciently used for a parcel of Land assarted, as appears by this Charter of Roger Earl of Mortimer. Sciant praesentes & futuri, quod ego Rogerus de Mortuo mare Dedi & concessi Ade Pistori pro servitio suo tres­decem acras terrae super Mughedone inter pra­tum quod fuit Petri Budelli & viam quae vadit per medium Mughedone. Dedi etiam eidem Ade Duo Asarta en la Hope, quae appellantur Or­drichesruding & Aldicheruding, in quibus A­sartis continentur quinque acrae ad eandem men­suram tresdecem acrarum super Mughedone. Ad tenendum de me & haeredibus meis sibi & haere­dibus suis in feo do & haereditate libere & quiete, Reddendo inde annuatim mihi & haeredibus meis ille & haeredes sui duos solidos ad Festum Sancti Michael. pro omni servitio, salvo servitio Domini Regis. Ut autem haec mea Donatio & concessio firma sit & stabilis, eam, hac cartā meā figillo meo munitâ, confirmavi. Hi is testibus, Ade Salvag. Walt. de novo Menul. &c. Sine dat. Penes Tho. Bridgwater, Gen.

Assault (assultus) Is a violent kinde of in­jury offered to a Mans person, of a higher nature then Battery; for it may be committed by offering a blow, or by a terrifying speech, (Lamb. Eiren. lib 1. cap. 3.) As to rebuke a Collector with foul words, so that he departed for fear without doing his Office, was taken for an Assault. To strike at a Man, though he were neither hurt nor hit with the blow, was ad­judged the like. 22 Lib. Ass. Plea. 60. For Assault does not always necessarily imply a hitting, or blow; because in Trespass for Assault and Battery, a Man may be found guilty of the Assault, and excused of the Battery, 25 Edw. 3. cap. 24. The Feudists de­fine it thus, Assultus est impetus in personam aut locum, sive hoc pedibus fiat, vel equo aut machinis aut quacunque alia re assiliatur. Zasius de Feud. pag. 10. num. 38.

Assach or Assath (An. 1 H. 5. cap. 6.) Was a strange kinde of Purgation used of old in Wales, by the Oaths of 300 Men. For so I finde it explicated in an ancient M. S. Assach est un Jur. de 300 homes in Gales, and is now abrogated.

[Page] Assay of Measures and Weights (from the Fr. Essay, i. a proof or tryal) Is the ex­amination used by the Clark of the Market. Register of Writs, fol. 279.—Ac Assisam & Assaiam panis, vini & Cervisiae. Paten. 37 Hen. 8. Tho. Marrow.

Assaier of the King (Assaisiator Regis, Fr. assayeur) Is an Officer of the Mint for the due tryal of Silver, indifferently appointed be­tween the Master of the Mint, and the Mer­chants that bring Silver thither for exchange. Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed. Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel, Clerico, quod convocatis in prasentia sua omni­bus monetariis, Assaisiatoribus, custodibus, ope­rariis & aliis ministris de Cambiis Regis London. & Cantuar. per visum & testimonium illorum provideat, quod tot & tales operarii sint in prae­dictis Cambiis, qui sufficiant ad operationes regias faciendas, ne Rex pro defectu hujusmodi mini­strorum dampnum incurrat. T. apud Wudstoke, 10 Junii. Claus. 17 Hen. 3. m. 8.

Assembly unlawful, Is the meeting of three or more persons to do an unlawful act, though they do it not. Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly.

Assessor Fleta, lib. 2. cap. 15. useth it quasi, Ordinator, Collocator, Dispositor) We now use it for him that Assesseth Publick Taxes; as two Inhabitants in every Parish were Assessors for the Royal Ayd, that is, rated every person according to the proportion of his estate. Anno 16 & 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies.

Assets (Fr. Assez, i. satis) Signifies Goods enow to discharge that burden, which is cast upon the Executor, or Heir, in satisfying the Testators or Ancestors debts, or Legacies. In Brook, titulo, Assets par descent, you shall finde, That whoever charges another with Assets, charges him with having enough descended, or come to his hands to discharge that which is in demand. Of this there are two sorts, Assets per descent, and Assets enter mains.

The first is, Where a Man enters into Bond, and dies seised of Lands in Fee-simple, which descend to his Heirs, and are therefore charge­able as Assets in his hands: But if the Heir alien the Lands, before the Bond be put in suit, he is discharged. Assets enter mains, is when a Man dies indebted, leaving to his Executors sufficient to discharge his Debts and Legacies; this is called Assets in their hands.

Assign (assignare) Hath two significations; one general, as to appoint a Deputy, or to set over a right to another; in which, Britton (fol. 122.) saith, this word was first brought into use in favor of Bastards, because they cannot pass under the name of Heirs, were therefore comprised under that of Assignes. The other special, as to point at, or set forth, viz. To Assign Error, is to shew in what part of the Process Error is committed. To assign [...]false Judgment, is to declare how and where the Judgment is unjust. To assign a false Verdict. Old Nat. Br: fol. 17, 19, & 112. To assign Waste, is to shew, wherein especially the Waste is committed. Register of Writs, fol. 72. Assign in the general signification is used, Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words, Justices assigned to take Assizes. And the Substantive Assignment hath the same signification; as the Assignment of a Lease, is the setting over, or transferring the Lessees interest to another.

Assignee, Is he that is deputed or appoint­ed by another to do any act, or perform any business, or enjoy any commodity; and he may be so, either by Deed, or in Law. As­signee by Deed, is when a Lessee of a term, sells and assigns the same to another, that other is his Assignee by Deed. Assignee by Law, is he whom the Law so makes, without any ap­pointment of the person; as an Executor is the Assignee in Law to the Testator, who dies possessed of a Lease made to him and his As­signes. Perkins (tit. Grants) says, An Assignee is he that possesses, or enjoys a thing in his own right; and Depty, is he that does it in the right of another.

Assise of mort d'auncester (Assisa mortis antecessoris) Lies where my Father, Mother, Brother, Sister, Uncle, Aunt, &c. died seised of Lands, Tenements, Rents, &c. that he had in Fee-simple, and after his death a stranger abates: And it is good as well against the Aba­tor, as any other in possession. How likewise this is extended, see Bracton, lib. 4. tract. 3. per totum. Britton, cap. 70. F. Nat. Br. fol. 114. Register of Writs, fol. 223.

Assise of darrein presentment (assisa ultimae praesentationis) Lies where I or my Ancestor have presented a Clerk to a Church, and after (the Church being void by his death, or other­wise) a stranger presents his Clerk to the same Church, in my disturbance. And how other­wise this Writ is used, see Bracton, lib. 4. tract. 2. Register of Writs, fol. 30. F. Nat Br. fol. 195.

Assise de utrum (assisa utrum) Lies for a Parson against a Lay-man, of a Lay-man against a Parson, for Land or Tenement doubtful, Whe­ther it be Lay-fee, or Free-alms. And of this s [...]c Bracton, lib. 4. tract. 5. cap 1. & seq. Britton, cap. 95. The reason why these Writs are cal­led Assises, may be divers. First, because they settle the Possession, and so an outward right in him that obtains by them. Secondly, They were originally executed at a certain time and place formerly appointed. For by the Norman Law, the time and place must be known forty days before the Justices sit on them: And by our Law there must be likewise fifteen days of preparation, except they be tried in the standing Courts at Westminster, as appears by F. Nat. Br. fol. 177. d, [...]. Lastly, They may be called Assises, because they are tried most commonly by especial Courts, set and appoint­ed for the purpose, as may be well proved, not onely out of the Customary of Normandy, but our Books also: Which shew, That in [Page] ancient times Justices were appointed by spe­cial Commission, to dispatch Controversies of Possession, one or more, in this or that onely County, as occasion fell out, or Disseisins were offered, and that as well in Term time, as out of Term: Whereas of later days, we see that all these Commissions of Assises, of Eyr, of Oyer and Terminer, of Goal-delivery, and of Nisi prius, are dispatched all at one time, by two several Circuits in the year, out of term, and by such as have the greatest sway of Justice, being all of them the Kings Justices of either Bench, Barons o [...] the Exchequer, or Serjeants at Law.

Assise, In the second signi sication, ac od­ing to Littleton, is used for a Jury. For (to use his own example) it is set down in the be­ginning of the Record of an Assise of Novel Disseisin, Assisa venit recognitura, which is as much as to say, Juratores veniunt recognituri. He gives this reason why the Jury is called an Assise, Because, by Writ of Assise, the Sheriff is commanded, Quod faciat duodecim liberos & legales homines de viceneto, &c. Videre Tene­mentum illud, & nomina eorum imbrevtari, & quod summoneat eos per bonas summonitiones, quod sint coram Justiciariis, &c. parati inde fa­cere recognitionem, &c. This is (as if he should have spoken shorter) Metonymia effecti. For they are called the Assises, because they are summoned by vertue of the Writ so termed. And yet the jury summoned upon a Writ of Right, is likewise called the Assise, as himself there confesseth. Which Writ of Right is not an Assise; but this may be said to be [...], or abusively so termed. Assise in this signification is divided In magnam & parvam. Glanvile, lib. 2. cap. 6 & 7, &c. and Britton, cap. 12. Where it appears, wherein the Great Assise differs from the Petit Assise. The for­mer four kindes of Assises used in Actions onely Possessory, are called Petit Assises, in respect of the Grand Assise. For the Law of Fees is grounded upon two Rights: One of Posseshon, the other, of Property. And as the Grand As­sise serves for the Right of Property; so the Petit Assise serves for the Right of Possession. Horns Mirror of Justices, lib. 2. cap. De Novel Disseisin.

Assise in the third signification, according to Littleton; is an Ordinance or Statute of Assise; as the Statute of Bread and Ale made Anno 51 Hen. 3. is termed the Assise of Bread and Ale (Assisa panis & cervisiae) Reg. of Writ, fol. 279. b.

Assise of the Forest (Assisa de Foresta) Is a Statute or Condition, touching orders to be observed in the Kings Forest. Manwood, part. 1. pag. 35. Crompton in the Court of Justices of the Forest, per totum, fol. 146. & seq. And the Assise of the King, Anno 18 Edw. 1. Stat. 1. called The Statute for view of Frank-Pledge. And these are called Assises, because they set down and appoint a certain measure, rate, or or­der in the things they concern. Of Assise, in this signification, Glanvile also speaks, Lib. 9. cap. 10. in fine. Generaliter verum est quod de quolibet placito quod in comitatu deducitur & terminatur, misericordia quae inde provenit, vicecomiti debe­tur. Quae quanta sit, per nullam assisam gene­ralem determinatum est. And thus much touch­ing Littletons Division.

But if we mark well the Writers of the Law, we shall finde this word (Assise) more diversly used, then this Author hath noted. For it is sometime used for the measure or quantity it self, (and that per Metonymiam ef­fecti) because it is the very scantline described or commanded by the Ordinance: For exam­ple, we say, When Wheat, &c. is of this price, then the Bread, &c. shall be of this Assise. This word is farther taken, for the whole Pro­cess in Court upon the Writ of Assise, or for some part thereof, as the Issue or Verdict of the Jury. For example, Assises of Novel Disseisin, &c. shall not be taken, but in their Shires, and after this manner, &c. Mag. Char. cap. 12. And so it seems to signifie, Westm. 2. cap. 25. Anno 13 Edw. 1. in these words, Let the Disseisor alleage no false exceptions, whereby the taking of the Assises may be deferred, &c. And Anno 34 Edw. 1. Stat. 2. if it be found by Assise; the Assise is arraigned; to aver by the Assise; the Assise by their default shall pass against them. And also Anno 1 Hen. 6. cap. 2. Assises awarded by default of the Tenants, &c. Lastly, By Merton, cap. 4. Anno 20 Hen. 3. certified by the Assise; quit by the Assise, &c. And in this signification Glanvile calls it Magnam Assisam domini Regis: quae ex duode­cim ad minus legalium hominum Sacramentis con­sistit, L. 2. c. 7. Bracton uses it in like sort, as, Assisa cadit in transgressionem, & Assisa cadit in perambulationem L. 4. c. 30, 31. Fleta defines an Assise, in this signification, thus. Assisa in jure possessorio, est quaedam recognitio duodecim hominum juratorum, per quam Justiciarii certiorantur de articulis in brevi contentis. And Assise also, thus signifying, is said sometime to pass (per modum assisae) and sometime in modum juratae; in manner of an Assise, when onely the Dissesin in question, is put to the tryal of the Twelve; in manner of a Jury, when any exception is ob­jected to disable the interest of the Disseisee, and is put to be tryed by the Twelve, before the Assise can pass.

Assise in this signification, is taken four ways, Old Nat. Br. fol. 105. The first is As­sise at large, which is taken as well upon other Points, as upon the Disseisin. For example, where an Infant brings an Assise, and the Deed of his Ancestor is pleaded, whereby he claims his Right or founds his Title, then the Assise shall be taken at large: That is, the Jury shall enquire not onely whether the Plaintiff were disseised, or not, by the Tenant, but also of these Points, viz. Whether his Ancestor were of full age, of good memory, and out of Pri­son, when he made the Deed, pleaded. An­other example, You may read in Littleton, cap. Estates upon Condition. The second manner is, when the Tenant, as it were, setting foot to foot with the Demandant, without farther

[Page] Assay of Measures and Weights (from the Fr. Essay, i. a proof or tryal) Is the ex­amination used by the Clerk of the Market. Register of Writs, fol. 279.—Ac Assisam & Assaiam panis, vini & Cervisiae. Paten. 37 Hen. 8. Tho. Marrow.

Assayer of the King (Assaisiator Regis, Fr. assayeur) Is an Officer of the Mint for the due tryal of Silver, indifferently appointed be­tween the Master of the Mint, and the Mer­chants that bring Silver thither for exchange. Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed. Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel, Clerico, quod convocatis in praesentia sua omni­bus monetariis, Assaisiatoribus, custodibus, ope­rariis & aliis ministris de Cambiis Regiis London. & Cantuar. per visum & testimonium illorum provideat, quod tot & tales operarii sint in prae­dictis Cambiis, qui sufficiant ad operationes regias faciendas, ne Rex pro defectu hujusmodi ministro­rum dampnum incurrat. T. apud Wudstoke, 10 Junii, Claus. 17 Hen 3. m. 8.

Assembly unlawful, Is the meeting of three or more persons to do an unlawful act, though they do it not. Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly.

Assessor (Fleta, lib. 2. cap. 15. useth it quasi, Ordinator, Collocator, Dispositor.) We now use it for him that Assesseth Publick Taxes; as two Inhabitants in every Parish were Assessors for the Royal Ayd, that is, rated every person according to the proportion of his estate. An. 16 & 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies.

Assets (Fr. Assez, i. satis) Signifies Goods enow to discharge that burden, which is cast upon the Executor or Heir, in satisfying the Testators or Ancestors Debts, or Legacies. In Brook, titulo, Assets par descent, you shall finde, That whoever charges another with Assets, charges him with having enough descended, or come to his hands to discharge that which is in demand. Of this there are two sorts, Assets per descent, and Assets enter mains.

The first is, Where a Man enters into Bond, and dies seised of Lands in Fee-simple, which descend to his Heirs, and are therefore charge­able as Assets in his hands: But if the Heir alien the Lands, before the Bond be put in suit, he is discharged. Assets enter mains, is, when a Man dies indebted, leaving to his Executors sufficient to discharge his Debts and Legacies; this is Assets in their hands.

Assign (assignare) Hath two significations; one general, as to appoint a Deputy, or to set over a right to another; in which, Britton (fol. 122.) saith, this word was first brought into use in favor of Bastards, because they cannot pass under the name of Heirs, were therefore comprised under that of Assignes. The other special, as to point at, or set forth, viz. To Assign Error, is to shew in what part of the Process Error is committed. To assign false Judgment, is to declare how and where the Judgment is unjust. To assign a false Verdict. Old Nat. Br. fol. 17, 19, & 112. To assign Waste, is to shew, wherein especially the Waste is committed. Register of Writs, fol. 72. Assign in the general signification is used, Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words, Justices assigned to take Assises. And the Substantive Assignment hath the same signification; as the Assignment of a Lease, is the setting over, or transferring the Lessees interest to another.

Assignee, Is he that is deputed or appoint­ed by another to do any act, or perform any business, or enjoy any commodity; and he may be so, either by Deed, or in Law. As­signee by Deed, is when a Lessee of a term, sells and assigns the same to another, that other is his Assignee by Deed. Assignee by Law, is he whom the Law so makes, without any ap­pointment of the person; as an Executor is the Assignee in Law to the Testator, who dies possessed of a Lease made to him and his As­signes. Perkins (tit. Grants) says, An Assignee is he that possesses, or enjoys a thing in his own right; and Deputy, is he that does it in the right of another.

Assise, is derived from the French, Assis, i. assessum, locatum, definitum) and is diversly used. Littleton, Cha. Rents, says it is Aequi­vocum, and sets down three significations of it. One, as it is taken for a Writ, another as it is used for a Jury, the third for an Ordinance. i. Assise is a Writ dir [...]cted to the Sheriff for Recovery of Possession of things immoveable, whereof your self, or Ancestors have been dis­seised; and this is as well of things corporal, as incorporeal Rights, being of four sorts, viz.

Assise of Novel Disseisin (Assisa novae Disseisinae) Lies where a Tenant in Fee-simple, Fee-tail, or for Life, is lately disseised of his Lands or Tenements, Rent-service, Rent­seck, or Rent-charge, Common of Pasture, &c. and divers other such like, of which you may read Glanvile, lib. 10. cap. 2. Bracton, lib. 4. tract. 1. Britton, cap. 70. Reg. of Writs, fol. 197. Fitz. Nat. Br. fol. 177. Westm. 2. cap. 25. Anno 13 Edw. 1. And to this may aptly be added, the Bill of Fresh force, which is directed to the Officers or Magistrates of Cities or Towns-corporate, being a kinde of Assise, for Recovery of Possession in such places, within forty days after the force, as the ordinary Assise is in the County, Fitz. Nat. Br. fol. 7.

Assise of Mort d'Auncester (Assisa mortis antecessoris) Lies where my Father, Mother, Brother, Sister, Uncle, Aunt, &c. died seised of Lands, Tenements, Rents, &c. that he had in Fee-simple, and after his death a stranger abates: And it is good as well against the Aba­tor, as any other in possession. How likewise this is extended, see Bracton, lib. 4. tract. 3. per totum. Britton, cap. 70. Fitz. Nat. Br. fol. 114. Reg. of Writs, fol. 223.

Assise of darrein presentment (assisa ultimae praesentationis) Lies where I or my Ancestor [Page] have prsented a Clerk to a Church, and after (the Church being void by his death, or other­wise) a stranger presents his Clerk to the same Church, in my disturbance. And how other­wise this Writ is used. See Bracton, lib. 4. tract. 2. Register of Writs, fol. 30. Fitz. Nat. Br. fol. 195.

Assise de utrum (Assisa utrum) Lies for a Parson against a Lay-man, or a Lay-man against a Parson, for Land or Tencment doubtful, Whe­ther it be Lay-fee, or Free-alms. And of this see Bracton, lib. 4. tract. 5. cap. 1. & seq. Britton, cap. 95. The reason why these Writs are cal­led Assises, may be divers. First, because they settle the Possession, and so an outward right in him that obtains by them. Secondly, They were originally executed at a certain time and place formerly appointed. For by the Norman Law, the time and place must be known forty days before the Justices sit on them: And by our Law there must be likewise fifteen days of preparation, except they be tried in the standing Courts at Westminster, as appears by Fitz. Nat. Br. fol. 177. d, e. Lastly, They may be called Assises, because they are tried most commonly by especial Courts, set and appoint­ed for the purpose, as may be well proved, not onely out of the Customary of Normandy, but our Books also: Which shew, That in ancient times Justices were appointed by spe­cial Commission, to dispatch Controversies of Possession, one or more, in this or that onely County, as occasion fell out, or Disseisins were offered, and that as well in Term time, as out of Term: Whereas of later days, we see that all these Commissions of Assises, of Eyr, of Oyer and Terminer, of Goal-delivery, and of Nisi prius, are dispatched all at one time, by two several Circuits in the year, out of term, and by such as have the greatest sway of Justice, being all of them the Kings Justices of either Bench, Barons of the Exchequer, or Serjeants at Law.

Assise, In the second signification, accord­ing to Littleton, is used for a Jury. For (to use his own example) it is set down in the be­ginning of the Record of an Assise of Novel Disseisin, Assisa venit recognitura, which is as much as to say, Juratores veniunt recognituri. He gives this reason why the Jury is called an Assise; Because, by Writ of Assise, the Sheriff is commanded, Quod faciat duodecim liberos & legales homines de viceneto, &c. Videre Tene­mentum illud, & nomina eorum imbreviari, & quod summoneat eos per bonas summonitiones, quod sint coram Justiciariis, &c. parati inde fa­cere recognitionem, &c. This is (as if he should have spoken shorter) Metonymia effecti. For they are called the Assises, because they are summoned by vertue of the Writ so termed. And yet the jury summoned upon a Writ of Right, is likewise called the Assise, as himself there confesseth. Which Writ of Right is not an Assise; but this may be said to be [...], or abusively so termed. Assise in this signification is divided In magnam & parvam. Glanvile, lib. 2. cap. 6 & 7, &c. and Britton, cap. 12. Where it appears, wherein the Great Assise differs from the Petit Assise. The for­mer four kindes of Assises used in Actions onely Possessory, are called Petit Assises, in respect of the Grand Assise. For the Law of Fees is grounded upon two Rights: One of Possession, the other, of Property. And as the Grand As­sise serves for the Right of Property; so the Petit Assise serves for the Right of Possession. Horns Mirror of Justices, lib. 2. cap. De Novel Disseisin.

Assise in the third signification, according to Littleton, is an Ordinance or Statute of Assise; as the Statute of Bread and Ale made Anno 51 Hen. 3. is termed the Assise of Bread and Ale (Assisa panis & cervifiae) Reg. of Writ, fol. 279. b.

Assise of the Forest (Assisa de Foresta) Is a Statute or Condition, touching orders to be observed in the Kings Forest. Manwood, part. 1. pag. 35. Crompton in the Court of Justices of the Forest, per totum, fol. 146. & seq. And Assise of the King, Anno 18 Edw. 1. Stat. 1. called The Statute for view of Frank-Pledge. These are called Assises, because they set down and appoint a certain measure, rate, or or­der in the things they concern. Of Assise, in this signification, Glanvile also speaks, Lib. 9. cap. 10. in fine. Generaliter verum est quod de quolibet placito quod in comitatu deducitur & terminatur, misericordia, quae in de provenit, vicecomiti debe­tur: Quae quanta sit; per nullam assisam gene­ralem determinatum est. And thus much touch­ing Littletons Division.

But if we mark well the Writers of the Law, we shall finde this word (Assise) more diversly used, then this Author hath noted. For it is sometime used for the measure or quantity it self, (and that per Metonymiam ef­fecti) because it is the very scantline described or commanded by the Ordinance: For exam­ple, we say, When Wheat, &c. is of this price, then the Bread, &c. shall be of this Assise. This word is further taken, for the whole Pro­cess in Court upon the Writ of Assise, or for some part thereof, as the Issue or Verdict of the Jury. For example, Assises of Novel Disseisin, &c. shall not be taken, but in their Shires, and after this manner, &c. Mag. Char. cap. 12. And so it seems to signifie, Westm. 2. cap. 25. Anno 13 Edw. 1. in these words, Let the Disseisor alleage no false exceptions, whereby the taking of the Assises may be deferred, &c. And Anno 34 Edw. 1. Stat. 2. if it be found by Assise; the Assise is arraigned; to aver by the Assise; the Assise by their default shall pass against them. And also Anno 1 Hen. 6. cap. 2. Assises awarded by default of the Tenants, &c. Lastly, By Merton, cap. 4. Anno 20 Hen. 3. certified by the Assise; quit by the Assise, &c. And in this signification Glanvile calls it Magnam Assisam domini Regis: quae ex duode­cim ad minus legalium hominum Sacramentis con­sistit, L. 2. c. 7. Bracton uses it in like sort, as, Assisa cadit in transgressionem, & Assisa cadit in perambulationem L. 4. c. 30, 31. Fleta defines an [Page] Assise, in this signification, thus. Assisa in jure possessorio, est quaedam recognitio duodecim hominum juratorum, per quam Justiciarii certiorantur de articulis in brevi contentis. And Assise also, thus signifying, is said sometime to pass (per modum assisae) and sometime in modum juratae; in manner of an Assise, when onely the Disseisin in question, is put to the tryal of the Twelve; in manner of a Jury, when any exception is ob­jected to disable the interest of the Disseisee, and is put to be tryed by the Twelve, before the Assise can pass.

Assise in this signification, is taken four ways, Old Nat. Br. fol. 105. The first is As­sise at large, which is taken as well upon other Points, as upon the Disseisin. For example, where an Infant brings an Assise, and the Deed of his Ancestor is pleaded, whereby he claims his Right or founds his Title; then the Assise shall be taken at large: That is, the Jury shall enquire not onely whether the Plaintiff were disseised, or not, by the Tenant, but also of these Points, viz. Whether his Ancestor were of full age, of good memory, and out of Pri­son, when he made the Deed, pleaded. An­other example, You may read in Littleton, cap. Estates upon Condition. The second manner is, when the Tenant, as it were, setting foot to foot with the Demandant, without farther circumstance, pleads directly contrary to the Writ, no wrong, no disseisin. The third is, When the Tenant alleageth something by ex­ception that must be tried by a Jury, before the principal cause can proceed: As if he plead Forein Release, or Forein Matter tryable in another County. For, in this case, the Justices refer the Record to the Court of Common-Pleas, for tryal of the Forein Pleas, before the Dis­seisin can come to be decussed. Of this sort read divers other examples in Bracton, lib. 4. part. 1. cap 34. For there are of them (as he saith, and Britton also, cap. 52.) both dilatory and peremptory. The fourth and last manner is, Assise of Right of Damages; that is, when the Tenant, confessing an Ouster, and referring it to a Demurrer in Law, whether it were right­ly done or not, is adjudged to have done wrong. For then shall the Demandant have a Writ to recover damages, called an Assise to recover damages, as also the whole Process.

Assise, is further taken for the Court, place, or time, when and where the Writs and Processes of the Assise are handled or taken: And in this signification Assise is general; as when the Justices go their several Cir­cuits, with their Commission, to take all As­sises twice in the year, that is called the Gene­ral Assise. It may likewise, in this signification, be special; as if an especial Commission be granted to certain persons (as was often done in ancient time, Bracton, lib. 3. cap. 11.) for taking an Assise upon one Disseisin or two; this would be called a Special Assise. And in this very signification, Glanvile uses it, Lib. 9. cap 12. See Cokes, 4 Inst. fol. 158.

Concerning the General Assise, in the most usual signification, thus the Learned Sir Fr. Bacon.

ALl the Counties of this Realm (says he) are divided into six Circuits, and two Learned Men are assigned by the Kings Commission to every Circuit, who ride twice a year through those Shires allotted to that Circuit; these we call Justices or Judges of Assise, who have five several Commis­sions by which they sit.

The first is a Commission of Oyer and Ter­miner directed to them, and many others of the best account in their Circuits. But in this Com­mission the Judges of Assise are of the Quorum; so as without them, there can be no proceeding. This Commission gives them power to deal with Treasons, Murders, and all manner of Felonics and Misdemeanors; and this is their largest Commission.

The second is of Goal Delivery, and that onely to the Judges themselves, and the Clerk of the Assise Associate; by this Commission they are to deal with every Prisoner in Goal, for what offence soever he be there.

The third Commission is directed to themselves onely, and the Clerk of Assise, to take Assises, by which they are called Justices of Assise; and the Office of these Justices, is to do right upon Writs called Assise, brought before them by such as are wrongfully thrust out of their Lands.

The fourth Commission is to take Nisi Prius, directed to none but the Judgee themselves, and their Clerks of Assises; by which they are called Justices of Nisi Prius.

The fifth is a Commission of Peace in every County of their Circuit. And all the Justices of Peace, having no lawful impediment, are bound to be present at the Assises, to attend the Judges, as occasion shall fall out; if any make default, the Judges may set a Fine upon him at their plea­sure and discretions. The Sheriff of every Shire is also to attend in person, or by a sufficient De­puty, allowed by the Judges, who may Fine him, if he fail, &c. See more in Sir Fr. Bacons Use of the Law, fol. 13. usque 21.

Assisa Continuanda, Is a Writ directed to the Justices assigned to take an Assise, for the continuance of the Cause, in case where certain Records alleaged, cannot in time be procured by the party that would use them, Reg. of Writs, fol. 217.

Assisa Proroganda, Is a Writ directed to the Justices of Assise, for stay of proceeding, by reason of the Kings business, wherein the party is employed. Reg. of Writs, fol. 208, & 221.

Assisors, (assisores) sunt qui Assisas condunt, aut taxationes imponunt. Spelman. In Scotland (according to Skene) they are the same with our Jurors, and their Oath is this.

[Page] Association (associatio) Is a Patent sent by the King (either of his own motion, or at the suit of the Plaintiff) to [...]ustices appointed to take Assises of Novel Disseisin, or of Oyer and Terminer, &c. to take others unto them, as Fel­lows and Collegues in that affair. The examples, and sundry uses hereof you may finde in Fitz-Nat. Br. fol. 185 & 111. But more particularly in Reg. of Writs, fol. 201, 206, 223.

Assoile (absolvere) Signifies to deliver, par­don, or set free from an Excommunication. Stamf. Pl. Cor. fol. 72. to this effect; otherwise the Defendant should remain in prison, till the Plaintiff were assoiled; that is, delivered from his Excommunication. So in 1 Hen. 4. cap. 10. Mention being made of King Edward the Third, it is added, Whom God assoil. Henric. Duc de Lancastre, Count de Leicestre, de Derby & de—Senescal Dengletre, A touts ceux que ceste endentnre verront ou orront salut en Dieu, Come nostre chere & bien ame cousin John de Blount eit en nostre mein renduz seissaunte acres de terre ou les appurtenances en Salford en nostre Ducbee de Lancastre les quels il avoit a luy & a ses Heirs du don & Feofment nostre tres honore Seigneur & pere, que Dieu assoile, &c. Dat. 30 Edw. 3.

Assumpsit (from Assumo) Is a voluntary promise made by word, whereby a man assumes or takes upon him to pay or perform any thing to another. This word comprehends any verbal promise made upon consideration, which the Civilians express diversly, according to the nature of the promise, calling it sometimes Pactum, sometimes Promissionem, Pollicitationem, or Constitutum.

Astrihilthet or Atrihilthet. (Sax.) Hi qui pacem Regis habent, vel manu vel brevi, ei fideles existant—Qui si nimis confidens in pace quam habet, per superbiam alicui forisfecerit, damnum restauret & iterum tantundem, quod Angli vocant Astrihilthet. LL. divi Edwardi, cap. 30. See Hovedon, pag. 606.

Atia. See Odio & Atia.

At large. See Verdict at large Littl. fol. 98. To vouch at large, Old Nat. Br. fol 108. To make title at large. Kitchin, fol. 68. See Bar.

Attache, (attachiare. From the Fr. attacher, i. figere, nectere, alligare) Signifies to take or apprehend by Commandment or Writ. Lamb. (in his Eiren. lib. 1. cap. 16.) makes this differ­ence between an Arrest, and an Attachment, that an Arrest proceeds out of an Inferior Court by Precept, and an Attachment out of higher Courts, by Precept or Writ; and that a Precept to Arrest, hath these formal words, Duci facias, &c. And a Writ of Attachment these, Praecipimus tibi quod attachies talem & habeas cum coram nobis, &c. Whereby it ap­pears, that he, who Arrests, carries the party Arrested to another higher person to be dis­posed of forthwith; he that attacheth, keeps the party attached, and presents him in Court at the day assigned in the Attachment. Yet an Attachment sometimes issues out of a Court Baron, which is an Inferior Court, Kitchin, fol. 79. There is another difference, in that an Arrest lies onely upon the Body of a Man, and an Attachment sometimes on his Goods; which makes it in that particular differ from a Capias, in being more general: For, a man may be attached by an hundred Sheep (Kitchin, fol. 263.) but the Capias takes hold of the Body onely. See Skene, Verbo, Attachiamentum.

Attachment by Writ, differs from a Distress or Distringas in this, That an Attachment reacheth not to Lands, as a Distress doth, and that a Distress toucheth not the Body (if it be properly taken) as an Attachment doth, yet are they divers times confounded, as may ap­pear by Glanvil, lib. 10. cap. 3. and Fleta, lib. 2. cap. 66. Howbeit, in the most common use, an Attachment is an apprehension of a Man by his Body, to bring him to answer the Action of the Plaintiff. A Distress, without a Writ, is the taking of a Mans Goods for some real cause, as Rent, Service, or the like, whereby to force him to Replevy, and so to be Plaintuff in an Action of Trespass against him that distrained him. See Distress.

Attachment out of the Chancery, is had of course, upon an Affidavit made, That the De­fendant was served with a Subpaena, and appears not, or issueth upon not performing some Order or Decree. After the return of this Attachment by the Sheriff, Quod non est inventus in Baliva sua—Another Attachment with Proclama­tion issues out against him; and if he appears not thereupon, then a Writ of Rebellion. West. part. 2. Symbol, tit. Proceedings in Chancery.

Attachment of Priviledge, Is by vertue of a Mans Priviledge, to call another to that Court, whereto he himself belongs; and in respect whereof he is priviledged, to answer some Action. New Book of Entries. Verbo, Priviledge, fol. 431.

Forein Attachment, Is an Attachment of Goods or Money, found within a Liberty or City, to satisfie some Creditor of his within such City or Liberty. And, by the Custom of some places, as London, &c. a Man may attach Money or Goods in the hands of a Stranger, whilest he is within their Liberty. As if A ows B 10 l. and C ows A 10 l. B may attach this 10 l. in the hands of C, to satisfie himself for the Debt due from A. See Calthrops Re­ports, pag. 66.

There is likewise an Attachment of the Forest, which is one of the Three Courts there held; The lowest is called the Attachment; the mean, Swainmote; the highest, the Justice in Eyrs seat. This Court of Attachment seems to be so called, because the Verderors of the Forest have therein no other Authorty, but to receive the Attachments of Offenders against Vert and Venison, taken by the rest of the Officers, and to enrol them, that they may be presented or punished at the next Justice Seat. Manwood, part. 1. pag. 93. And this Attaching is by three means, By Goods and Chattels; by Body, Pledges, and Mainprize, or by the Body onely. The Court is kept every Forty [Page] days throughout the year See Crompton in his Court of the Forest. The diversity of Attach­ments you may see in Register of Writs, under the word Attachiamentum, in Indice.

Attaint (attincta) As it is a Substantive, is used for a Writ, that lies after Judgment, against a Jury, that hath given a false Verdict in any Court of Record (be the Action Real or Personal) if the Debt or Damages surmount the sum of 40 s. What the Form of the Writ is, and how in use, is expressed in Fitz. Nat. Br. fol. 105. and New Book of Entries, fol. 84. The reason why it is so called, is because the party that obtains it, endeavors thereby to touch or stain the Jury with Perjury, by whose Verdict he is grieved: And if the Verdict be found false, then the Judgment anciently was, That the Jurors Meadows should be ploughed up, their Houses broke down, their Woods grubbed up, and all their Lands and Tenements forfeited to the King: But if it pass against him that brought the Attaint, he shall be im­prisoned and grievously ransomed at the Kings Will. See Glanvile, lib. 2. cap. 19. Smith de Repub. Angl. lib. 3 cap. 2. 11 Hen. 7. cap. 21 & 23 Hen. 8. cap. 3. In what diversity of Cases this Writ is brought, see Reg. of Writs in Indice. It was anciently called Breve de Con­victione. See Coke on Littl. fol. 294. b.

Attainted (attinctus) Is used particularly for such as are found guilty of some crime or offence, and especially of Felony or Treason. Yet a Man is said to be attainted of Disseisin. Westm. 1. cap. 24, & 36. Anno 3 Edw. 1. And so it is taken in French, as Estre attaint & vayn­cu en aucun case, i. to be cast in any case. Britton. cap. 75. uses the Participle Attaint, in the sence we say attained unto. A Man is attainted by two means, by Appearance, or by Process. Stanf. Pl. Cor. fol. 44. Attainder by Appearance is by Confession, by Battle, or by Verdict. Confession (whereof Attaint grows) is twofold; one at the Bar before the Judges, when the Pri­soner, upon his Indictment read, being asked guilty or not guilty, answers guilty, never put­ting himself upon the Jury; the other is, be­fore the Coroner in Sanctuary, where he upon his Confession, was, in former times constrain­ed to abjure the Realm, which kinde also, of the effect, is called Attainder by Abjuration, Stanf. fol. 182. Attainder by Battle, is when the party, appealed by another, and chusing to try the truth by Combat, rather then by Jury, is vanquished. Attainder by Verdict, is when the Prisoner at the Bar, answering not guilty to the Indictment, hath an Enquest of Life and Death passing upon him, and is, by their Ver­dict, pronounced guilty. Idem, f. 108 & 192. At­tainder by Process, otherwise called Attainder by Default, or Attainder by Outlary, is where a party flies, or doth not appear, until he hath been five times called publickly in the County Court, and at last upon his default is pronounced or returned Outlawed. The same Author (fol. 108.) makes a difference between Attainder and Con­viction; with whom agrees the Statute, Anno 34 & 35 Hen. 8. cap. 14. and Anno 1 Edw. 6. cap. 12. in these words, That then every such Offender, being duly thereof convicted or attainted by the Laws of this Realm, &c. And I finde by Stanf. (Pl. Cor. fol. 66.) That a Man by our ancient Laws, was said to be con­victed presently upon the Verdict (guilty,) but not to be attainted, until it appeared he was no Clerk, or being a Clerk, and demanded by his Ordinary, could not purge himself. And in one word it appears, That Attainder is larger then Conviction; Conviction being onely by the Jury: And Attainder is not before Judgment. Perkins, Grants, num. 27, 29. Yet it appears by Stanf. fol. 9. that Conviction is sometimes called Attainder: For there he says, the Verdict of the Jury does either acquit or attaint a Man. And so it is, Westm. 1. cap. 14. This ancient Law touching the Conviction and Purgation of Clerks is altered by 23 Eliz. cap. 2. as you may read in Clergy.

Attainder (attincta and attinctura) Is when a Man hath committed Treason or Felony, and after Conviction, Judgment hath passed upon him. The Children of a person Attainted of Treason cannot be Heirs to him, or any other Ancestor. And if he were noble and gentle be­fore, he and his posterity are made base and ignoble: This corruption of Blood cannot be salved, but by Act of Parliament. See At­tainted, and Felony.

Attendant (attendens) Signifies one that ows a duty or service to another, or depends on him. For example, there is Lord, Mesn, and Tenant, the Tenant holds of the Mesn by a penny, the Mesn holds over by two pence: The Mesn releases to the Tenant all the right he hath in the Land, and the Tenant dies; his Wife shall be endowed of the Land, and she shall be Attendant to the Heir of the third part of the penny, and not of the third part of the two pence. For she shall be endowed of the best Possession of her Husband. And, where the Wife is endowed by the Guardian, she shall be At­tendant to the Guardian, and to the Heir at his full age. Kitchin, fol. 209. With whom agrees Perkins in Dower, 424.

Attermining.—Also such as will pur­chase attermining of their Debts shall be sent into the Exchequer. Ordinatio de liber­tatibus perquirendis. Anno 27 Edw. 1. It comes from the Fr. Attermoye, i. That hath a term or time granted for the payment of a debt. So in this Statute, it seems, to signifie the Purcha­sing or gaining a longer time for payment of a debt. Atterminent quaerentes usque in proximum Parliamentum, Westm. 2. cap. 24.

Atturney (atturnatus) Is he that is ap­pointed by another Man to do any thing in his stead; as much as Procurator or Syndicus in the Civil Law. West defines them thus, Atturneys are such persons as by the Consent, Commandment, or Request of others, see to, and take upon them the charge of their business, part. 1. Symbol. lib. 2. sect. 559. In ancient time, those of Authority in Courts, had it in their power, whether to [Page] suffer men to appear, or sue by another then themselves, as is evident by Fitz. Nat. Br. fol. 25. in the Writ Dedimus potestatem de Attor­nato faciendo, where it is shewed, That Men were driven to procure the Kings Writs or Letters Patent to appoint Atturneys for them; but it is since provided by Statutes, that it should be lawful so to do, without any such circuit, as appears by 20 Hen. 3. cap. 10.—6 Edw. 1. c. 8.—27 ejusdem, Stat. 2.—12 Edw. 2. cap. 1.—15 ejusdem, cap. unico.—7 Rich. 2. cap. 14.—7 Hen. 4. cap. 13.—3 Hen. 5. cap. 2.—15 Hen. 6. cap. 7. and 17 Hen. 7. cap. 2. And you may see great diversity of Writs in the Table of the Register, wherein the King by his Writ commands the Judges to admit of At­turneys; whereby there grew at last so many unskilful Atturneys, and so many mischiefs by them; that for restraining them, it was enacted (4 Hen. 4. cap. 18.) that the Justices should ex­amine them, and displace the unskilful. And again, (33 Hen. 6. cap. 7.) that there should be but a certain number of them in Norfolk and Suffolk. In what cases a Man at this day may have an Atturney, and in what not, see Fitz. ubi supra.

Atturney is either general, or special. At­turney General is he, who by general Authority is appointed to manage all our Affairs or Suits; As the Atturney General of the King, which is as much as Procurator Caesaris was in the Roman Empire. Atturney General of the Duke. Cromp. Juris. fol. 105. Atturney Special or Particular, is he that is employed in one or more causes particularly specified; of whom you may read more at large in Glanvile, lib. 11. cap. 1. and Britton, cap. 126. There are also, in respect of the divers Courts, Atturneys at large, and Atturneys special, belonging to this, or that Court onely. The name is borrowed of the Normans, as appears by the Customary, cap. 65. Our old Latin word for it, seems to be Respon­salis. Bracton, lib. 4. cap. 31.

Atturney of the Court of the Dutchy of Lan­caster (Atturnatus Curiae Ducatus Lancastriae) Is the second Officer in that Court, and seems, for his skill in Law, to be there placed as As­sessor to the Chancellor of that Court, being for the most part some Honorable Person, and chosen rather for some especial trust, reposed in him, to deal between the King and his Te­nants, than for any great Learning; as was u­sual with the Emperors of Rome, in the choice of their Magistrates.

Attournment (from the Fr. Tourner, i. ver­tere) Is an acknowledgment of the Tenant to a new Lord. As when one is Tenant for Life, and he in Reversion, grants his right to another, it is necessary the Tenant for Life agree thereto, which is called Attornment, without which no­thing passeth by the grant. But if the Grant be by Fine in Court of Record, he shall be com­pelled to Attourn. Stat. 27 Hen. 8. cap. 16. The words used in Attournment are these, I agree me to the Grant made to you, or (more commonly) Sir, I attourn to you by force of the same Grant; or, I become your Tenant, or de­liver to the Grantee a penny by way of At­tournment. Littl. lib. 3. cap. Attournment, where you may finde divers other Cases, where­to Attournment appertains, and that it is the transposing those duties, which the Tenant owed his former Lord, to another, as his Lord. Attournment is either by word, or by act, vo­luntary or compulsory, by the Writ Per quae servitia, (Old Nat. Br. fol. 155.) or sometimes by Distress. Fitz. Nat. Br. fol. 147. It may be made to the Lord himself, or to his Steward in Court. Kitchin, fol. 70. There is Attournment in Deed, and Attournment in Law. Coke, vol. 6. fol. 113. a. Attournment in Law is an Act, which though it be no express Attournment, yet in intendment of Law, it is of equal force. Coke on Littl. fol. 309.

Atturnato faciendo vel recipiendo, Is a Writ, which a Man owing sute to a County, Hundred, or other Court, and desiring to make an Atturney to appear for him there (whom he doubts the Sheriff or Steward will not otherwise admit) purchaseth, to command him to receive such a Man for his Atturney, and admit his appearance by him. The form and other Circumstances whereof. See in Fitz. Nat. Br. fol. 156.

Avage or Avisage, Is a Rent or Payment which every Tenant of the Mannor of Writtel in Essex, upon St. Leonards day, 6 Novemb. pays to the Lord, viz. for every Pig under a year old ob; for every yearling Pig 1 d, and for every Hog above a year old 2 d, for the priviledge of Pawnage in the Lords Woods. Tob. Edmonds, Gen. Senescal. ibidem.

Audience Court (Curia Audientiae Can­tuariensis) Is a Court belonging to the Arch­bishop of Canterbury, of equal authority with the Arches, though inferior, both in Dignity, and Antiquity, and is held in the Archbishops Palace. Of which, you may read more in a Book, entituled, De Antiquitate Ecclesiae Bri­tannicae Historia, and 4 Inst. fol. 337.

Audiendo & terminando, Is a Writ, or rather a Commission directed to certain persons, when any Insurrection or great Misdemeanor is committed in any place; for the appeasing and punishment thereof, of which, you may read at large in Fitz. Nat. Br. fol. 110. See Oyer and Terminer.

Audita querela, Is a Writ that lies against him, who, having taken a Statute-Merchant, or Recognisance in the nature of a Statute Sta­ple, or a Judgment or Recognisance of another, and craving, or having obtained execution of the same from the Major and Bailiffs, before whom, it was entred; at the complaint of the party, who entred the same, upon suggestion of some just cause, why Execution should not be granted, as a Release, or other Exception. This Writ is granted by the Lord Chancelor of England (upon view of the Exception sug­gested) to the Judges of either Bench, willing them to grant Summons to the Sheriff of the County, where the Creditor is, for his appear­ance [Page] at a certain day before them. See more in Old. Nat. Br. fol. 66. and Fitz. Nat. Br. fol. 102.

Auditor (Lat.) Is an Officer of the King, or some other great personage, who yearly, by examining the Accompts of all under Officers accomptable, makes up a general Book; which shews the difference between their Re­ceipts or Charge, and their Allowances, com­monly called Allocations. As namely, the Au­ditors of the Exchequer take the Accompts of those Receivers, who receive the Revenues of the Augmentation, as also of the Sheriffs, Es­cheators, Collectors, and Customers. Of which, see the Statute 33 Hen. 8. c. 83. and 4 part. Inst. fol. 106.

Auditor of the Prests or Imprests, Are also Officers in the Exchequer, who take and make up the great Accompts of Ireland, Ber­wick, the Mint, and of any Money imprested to any Man for His Majesties service. See Practise of the Exohequer, p. 83.

Auditor of the Receipts, Is an Officer of the Exchequer who Files the Tellers Bills, and makes an Entry of them, and gives in every week to the Lord Treasurer, a Certificate of the Money received. He makes also Debentures to every Teller, before they pay any Money, and takes their Accompts. See 4 part. Inst. fol. 107.

Aventure (rectiùs adventure) Is a mis­chance causing the death of a Man, without Felony; as when he is suddenly drowned or burnt, by any disease or mischance, falling in­to the Water or Fire. Britton, cap. 7. where you may read how it differs from Misadventure, which see.

Avenage (Fr.) A certain quantity of Oats paid to a Land-lord in lieu of some other du­ties, or as a Rent from the Tenant.

Avenor (from the Fr. avene, i. Oats) Is an Officer of the Kings, who provides Oats for his Stable; and is mentioned Anno 13 Car. 2. cap. 8.

Avera (quasi overa, à Gal. ouvre, & ouvrage, velut operagium) In Doomsday, Grentbrigsh, Rex Fordham, sed tamen semper inveniat Averam vel 8 d. in Servicio Regis. That is, a days work of a Ploughman, or 8 d. 4 Inst. fol. 269.

Average (averagium, from Averia, i. Cat­tle) Signifies Service which the Tenant ows the King, or other Lord, by Horse or Ox, or by Carriage with either; For in ancient Charters of Priviledges, we finde Quietum esse de Ave­ragiis. Others probably derive it from the French (euvrage or euvre, i. opus) It hath two significations: First, Rastal mentions the Kings Averages, which I take to be the Kings carriage by Horse or Cart. Then, Anno 32 H. 8. cap. 14. and 1 Jac. cap. 32. it is used for a certain contribution that Merchants and others, do proportionably make towards their losses, who have their Goods cast into the Sea for the safeguard of the Ship, or of the Goods and Lives of them in the Ship, in time of a Tem­pest. And this contribution seems to be so cal­led, because it is proportioned after the rate of every Mans Average, or Goods carried. In this last sence, it is also used in the Statute 14 Car. 2. cap. 27.

Average, Is also a little duty, which those Merchants, who send Goods in another Mans Ship, do pay to the Master of it, for his care of them, over and above the Freight; for in Bills of Lading it is expressed— Paying so much Freight for the said Goods, with Frimage and A­verage accustomed.

Averiis captis in Withernam, Is a Writ, for taking Cattle to his use, who hath his Cattle unlawfully taken by another, and driven out of the County where they were taken, that they cannot be Replevied. Reg. of Writs, fol. 82. When mention is made of one Beast, we say, Quidam equus, vel quidam bos; when of two or more, we do not say Equi or boves, but tot averia.

Averment (verificatio) From the Fr. Ave­rer, i. verificare, testari) Signifies commonly an offer of the Defendant, to make good or justifie an Exception pleaded in Abatement or Bar of the Plaintiffs Action; and it signifies the Act, as well as the offer of justifying the Exception. For, Anno 34 Edw. 1. Stat. 2. The Dema [...] ­ant will offer to aver by the Assise or Jury, &c. In the English Nat. Br. fol. 57. These Er­rors shall be tryed by Averment, &c. And in 15 Hen. 6. cap. 1. The Defendants shall have their Averment, to say, that, &c. Averment is twofold, viz. general and particular; a gene­ral Averment, which is the conclusion of every Plea to the Writ, or in Bar of Replications, and other Pleadings (for Counts or Avowries in nature of Counts, need not be averred) con­taining matter Affirmative, ought to be averred, with an hoc paratus est verificare, &c. Particular Averment, is when the life of Tenant for Life, or Tenant in Tail is averred, &c. And an A­verment contains as well the matter as the Form thereof. Coke on Littl. fol. 362. b.

Averpeny (quasi average-peny) Is Money contributed towards the Kings averages, or Money given to be freed thereof. Rastals Ex­position of words. Averpeny, hoc est, quietum esse de diversis Denariis pro averagiis Domini Regis.

Augmentation (augmentatio) Was the name of a Court, erected 27 Hen. 8. as appears by the Twenty seventh Chapter of that years Parliament; to this end, that the King might be justly dealt with, touching the profit of such Religious Houses and their Lands, as were given him by Act of Parliament the same year, not Printed. For dissolving which Court, there was authority given Queen Mary, by the Par­liament held the first of Her Reign. Sess. 2 Ca. 10. Which She afterwards put in execution by Her Letters Patent. The Court took name from this, That the Revenue of the Crown was thought to be much augmented by the suppressi­on of the said Houses, many of which, the King reserved to the Crown.

Avisage. See Avago.

[Page] Aulneger. See Alnager.

Aumone, (Fr. aumosne, i. an Alms) Tenure in Aumone, is a Tenure by Divine Service; so says Britton, fol. 164. As when Lands or Tene­ments are given in Alms, to some Church or Religious House, with Condition, that some Service or Prayers shall be offered at certain times, for the good and quiet of the Donors Soul, or otherwise. See Frank Almoin.

Aumonier (Fr. Aumosnier.) See Alm­ner.

Auncel-weight (quasi Hand-sale weight, or from Ansa, i. The handle of the ballance) Is a kinde of weight with Scales hanging, or Hooks fastned at each end of a Beam or Staff, which a Man lifted up upon his fore-finger or hand, and so discerned the equality or differ­ence between the weight, and the thing weighed. In which, because there was wont to be great deceit, it was forbidden 25 Edw. 3. Stat. 5. cap. 9. 34 Ejusdem, cap. 5. and 8 Hen. 6. cap. 5. And the even ballance onely commanded; notwithstanding it is still used in some parts of England. By a Constitution made by Henry Chicheley, Archbishop of Canterbury, Anno 1430. Pro abolitione ponderis vocati Le Auncel weight seu Scheft seu Pounder, &c. (Doloso quodam staterae genere) qui utitur Excommuni­candus.

Auncient Demeasn. See Ancient De­measn.

Avoidance hath two significations; the one when a Benefice becomes void of an Incumbent; the other, when we say in Pleadings in Chancery, confessed or avoided, traversed, or denied, &c. See Voidance.

Avowè (advocatus) Britton (cap. 29.) saith, That Avowè is he to whom the right of Ad­vowzen of any Church Appurtains; so that he may present thereunto in his own name: And is called Avowè, for a difference from those that sometime present in another Mans name, as a Guardian that presents in the name of his Ward; and for a difference also from those, who have the Lands, whereto an Advowzen appertains, but onely for term of their lives, or of years, by Intrusion or Disseisin. See Advowè.

Avowry (Fr. Advouerie) Is where one takes a Distress for Rent, or other thing, and the other sues Replevin, then the taker shall justifie in his Plea for what cause he took it; and if he took it in his own right, he ought to shew that, and so avow the taking, which is called his Avowry. But if he took it in the right of another, then, when he has shewed the Cause, he shall make Conusance of the taking, as Bailiff or Servant to him in whose right he did it. Terms of the Law. Anno 21 Hen. 8. cap. 19. For the more speedy and effectual proceeding upon Distresses and Avowries for Rents, see the Stat. 17 Car. 2. cap. 7.

Avoir du pois (Fr. avoir du poids, i. Ha­bere pondus, aut justi esse ponderis) Signifies, First, a kinde of weight different from that which is called Troy-weight, containing but Twelve ounces to the pound, whereas this hath Sixteen. And in this respect it is (probably) so called, because it is of more weight then the other. 2. It signifies such merchandises as are weighed by this weight, and not by Troy-weight, as in the Statute of York, 9 Edw. 3. in Proaem. 27 Edw. 3. Stat. 2. cap. 10. and 2 Rich. 2. cap. 1. See Weights.

Aurum Reginae. Rot. Pat. Anno 52 Hen. 3. in. 26. See Queen-Gold.

Austureus, A Goshawk; whence we usual­ly call a Faulkoner, who keeps that kinde of Hawks, an Ostringer. Some ancient Deeds have reserved Unum Austurcum, as a Rent to the Lord.

Await (13 Rich. 2. cap. 1. It is Ordained, That no Charter of Pardon from thence­forth shall be allowed before any Justice for Murder, or for the Death of a Man, stain by Await, Assault, or Malice prepensed, Lreason or Rape of a Woman, unless the same be specified in the Charter, &c.) Seems to signifie that which we now call Way-laying, or lying in Wait.

Award (from the Fr. agarder) Propriè est Judicium ejus, qui nec à lege nec à Judice da­tur, ad dirimendam litem, sed ab ipsis litiganti­bus eligitur. Is the judgment of him, who is chosen by two or more parties at variance, to determine the Controversie between them. Dictum, quod ad custodiendum seu observandum partibus imponitur. Spel.

Awm (1 Jac. cap. 33. and 12 Car. 2. cap. 4.) A Measure of Rhenish-wine, containing forty Gallons: Yet I finde in a very old Printed Book thus— The Rood of Rhenish-wine of Dordreyght is ten Awames, and every A­wame is fifty Gallons. Item, the Rood of Antwarp is xiiij Awames, and every Awame is xxxv Gallons.

Auxilium ad filium militem faciendum et filiam maritandam, Was a Writ directed to the Sheriff of every County, where the King or other Lord had any Tenants, to levy of them reasonable Aid, towards the Knighting His Son, and the Marriage of His eldest Daugh­ter. See Aid. Fitz. Nat. Br. fol. 82. and An. 12 Car. 2. cap. 24.

Ayd. See Aid.

B.

BAchelor (bachalaureus) of the Fr. Bacha­lier, i. tyro.) Whence I gather, those, that are called Bachelors of the Companies in London, are such of each Company, as are springing towards the estate of those that are employed in Council, but as yet are inferiors. For every Company of the Twelve, consists of a Master, two Wardens, the Livery, (which are Assistants in Matters of Council, or at the least, such as the Assistants are chosen out of) and the Bachelors, who are yet but in expectance of Dignity among them, and have their Function [Page] onely in attendance upon the Master and War­dens.

Bachelor was anciently attributed to the Lord Admiral of England, if he were under a Baron. This word is used, Anno 13 Rich. 2. Stat. 2. cap. 1. and signifies as much as Knight-Batchelor does, 3 Edw. 4. cap. 5. that is, a Simple Knight, not a Knight Baneret, or Knight of the Bath.

Sachez nous Roger de Mortimer Seigneur de Wygemore avoir donne & grante a nostre chier Bachiler, Monseur Robert de Harley, pour son bon service & pour cent livres de argent, la garde du Corps Gilbert Filz & heir Sir Johan de Lacy, ensemblement ove le marriage mesmes celuy Gil­bert deyns age esteant en nostre garde, &c. Donne a Penebrugge l'an du regne le Roy Edward Filz le Roy Edward unzyme. See Baneret.

Backberend (Sax.) Signifies bearing upon the back, or about a Man. Bracton uses it for a sign or circumstance of manifest theft, (called by the Civilians Furtum manifestum) which he defines thus, Ubi latro deprehensus est seisitus de aliquo latro [...]imio, sc. Handhabend & Back­berend, & insecutus fuerit per aliquem cujus res illa fuerit, Lib. 3. tract. 2. cap 32. Manwood (2 pa. For. Laws) Notes it for one of the four Circumstances or Cases, wherein a Forester may arrest the Body of an Offender against Vert or Venison in the Forest. For by the Assise of the Forest of Lancaster (says he) taken with the manner, is, when one is found in the Kings Forest in any of these four degrees. Stable Stand, Dog-draw, Back-bear, and Bloody-hand. Which see in their proper places.

Badger (from the Fr. Bagagier, i. A Carrier of Luggage) Signifies with us one that buys Corn or Victuals in one place, and carries it to another, to make profit by it. See Cromptons Just. of Peace, fol. 69, 70.

Bail (from the Fr. noun Bail, i. A Guardi­an or Goaler) Is properly used for the free­ing or setting at liberty of one arrested or im­prisoned upon Action, either Civil or Crimi­nal, under surety taken for his appearance at a day and place certain. Bracton, lib. 3. tract. 2. cap. 8. num. 8 & 9. The reason why it is called Bail, is, Because by this means the party Re­strained, is delivered into the hands of those that bind themselves for his forth-coming. There is both common and special Bail; Common Bail is in Actions of small prejudice or concern­ment, being called Common, because any Sure­ties in that case, are taken; whereas in Causes of greater weight, as Actions upon Bond or Specialty, Special Bail or Surety must be taken, as Subsidy Men at least, and they ac­cording to the value. Manwood, in his first part of Forest Laws, pag. 167. says, there is a great diversity between Bail and Mainprise: For he that is Mainprised, is always said to be at large, and to go at his own Liberty out of Ward, from the time he is Mainprised, till the day of his appearance: But otherwise it is, where a Man is let to Bail by four or two Men, by the Lord Chief Justice in Eyre, until a cer­tain day; for there he is always accounted by the Law, to be in their Ward, and custody for the time: And they may, if they will, keep him in Ward or Prison. So that he who is so bailed, shall not be said by the Law, to be at large, or at his own liberty. See Lamb. Eiren lib. 3. cap. 2. pag. 330. Bail is also a certain Limit within the Forest, as it is divided into the charges of several Foresters. Crompton in the Oath of Bow-bearer, fol. 201. See Mainprise, and 4 Instit. fol. 178.

Bailiff (Balivus) As the name, so the Office it self in ancient time was answerable to that of France, where there are Eight Parlia­ments, which are high Courts, whence lies no Appeal; and within the Precincts of those se­veral parts of that Kingdom, which belong to each Parliament, there are several Provinces, to which Justice is ministred by certain Officers called Bailiffs. So in England we see many several Counties, in which, Justice hath been ministred to the Inhabitants by the Officer, whom we now call Sheriff or Vicount (the one name descending from the Saxons, the other from the Normans.) And though I cannot ex­presly prove, That this Sheriff was ever called a Bailiff, yet it is probable that was one of his names also; because the County is often called Baliva, a Bailywick. As namely, in the Re­turn of a Writ, Non est inventus in Baliva mea, &c. Kitchin Returna Brevium, fol. 285. And in the Sheriffs Oath, the County is called his Bailiwick. I think the word Bailiff used in Magna Chart. cap. 28. and 14 Edw. 3. Stat. 1. cap. 9. compriseth as well Sheriffs as Bailiffs of Hundreds. But as the Realin is divided into Counties, so every County is again divided in­to Hundreds; within which, it is manifest, that in ancient time the Kings Subjects had justice ministred to them by the several Officers of every Hundred, which were called Bailiffs, as those Officers do in France and Normandy, being cheif Officers of Justice within every Province. Grand Customary of Norm. cap. 1. And it appears by Bracton (lib. 3. tract. 2 cap. 34. num. 5.) that Bailiffs of Hundreds might hold Plea of Appeal and Approvers. But since that time these Hundred Courts (certain Franchises excepted) are by the said Statute of 14 Edw. 3. swallowed into the County Courts, as you may read in County and Hundred. And now the Bailiffs name and office is grown into such contempt, at least these Bailiffs of Hundreds, that they are now but bare Mes­sengers and Mandataries within their Liberties, to serve Writs, and such vile Offices; for which see Crompt. Just. of Peace, fol. 49. a. Yet is the name otherwise still in good esteem; for the chief Magistrates in divers Corporate Towns, are called Bailiffs, as of Ludlow, Leominster, &c. And again, there are certain persons to whom the Kings Castles are commit­ted, who are called Bailiffs, as the Bailiff of Dover Castle.

These ordinary Bailiffs are of two sorts, Bailiffs Errant, and Bailiffs of Franchises. Bai­liffs [Page] Errant (Balivi Itinerantes) are those whom the Sheriff appoints to go up and down the County to serve Writs, Summon the County Sessions, Assises, and such like. Bailiffs of Franchises (Balivi Franchesiarum aut Liberta­tum) are those who are appointed by every Lord within his Liberty, to do such Offices therein, as the Bailiff Errant does at large in the County. Of these read Sir Tho. Smith de Repub. Angl. lib. 2. cap. 16. There are also Bailiffs of the Forest (Manwood, part. 1. pag. 113.) and Bailiffs of Husbandry, belonging to private Men of good Estates, who are so called, be­cause they dispose of the under servants, every Man to his labor and task, check them for mis­doing their business, gather the profits to their Lord and Masters use, and deliver an account thereof at the years end, or otherwise as it shall be called for.

The Office or Duty of a Bailiff of a Manor, or Houshold (which in ancient time seems to have been all one.) Fleta well describes, Lib. 2. cap. 72 & 73. The word Balivus is derived from Baal, i. Dominus; quia Balivi Dominan­tur suis subditis, quasi corum Magistri & Do­mini.

Bailiff of the Moot. See Moot.

Bale (Fr.) A Pack, or certain quantity of Merchandise; as a Bale of Spicery, of Books or Thred. I finde the word in the Statute 16 Rich. 2. cap. 1. and still in use. And Ballot (Fr.) a little Pack.

Balenger Seems to have been a kinde of Barge, or Water-vessel, by the Statute 28 H. 6. cap. 5.

Baliva. Statute of Marlbridge, 52 Hen. 3. cap. 2.—Ubi Balivam habeat vel jurisdictionem. Here Baliva is well expounded by the Statute it self; for in this place it signifies Jurisdicti­on. Cokes 2 Inst. fol. 105.

Balivo amovendo, Is a Writ to remove a Bailiff out of his Office, for want of sufficient living within his Bailiwick. Reg. of Writs, fol. 78.

Balkers or Balcors. See Conders.

Ban or Bans (Bannum) from the British Ban, i. Clamor, Is a Proclamation or publick notice given of any thing. This word Bans we use in publishing Matrimonial Contracts in the Church, before Marriage, to the end, If any Man can speak against the intention of the parties, either in respect of Kinred, Pre-con­tract, or otherwise, they may take their Ex­ception in time. And in the Canon Law, Banna sunt Proclamationes sponsi & sponsae in Ecclesiis fieri solitae. Yet our word Banning seems to come thence, being an Exclamation or Cursing. Bracton mentions Bannus Regis, for a Procla­mation or Silence made by the Court, before the Congress of the Champions in a Combat, Lib. 3. tract. 2. cap. 21.—In terra suae ditionis Bannum, i. Interdictum misit, quod est prohibitio, ut nullus fur vel latro esset, &c. Hist. Norm. edit. Anno 1619, fol. 85. b.

Bane, (from the Sax. bana, A Killer or Murderer) Signifies the destruction or over­throw of any thing; As I will be the Bane of him, is a common saying: And he who was the cause of another Mans drowning, is said to be Labane, i. Malefactor. Bracton, l. 2. tract. 8. cap. 1.

Baneret, (Banerettus, Eques vexillarius, or Miles vexilliferus) Is a Knight made in the Field, with the Ceremony of cutting off the point of his Standard, and making it a Banner, according to Sir Tho. Smith in his Repub. Angl. Others add, That Blood must be first drawn in the Field. They are allowed to display their Arms in a Banner in the Kings Army, as Barons do. Camden in his Britan. fol. 109. hath these words, Baneretti, cum Vassalorum no men jam desierat, a Baronibus secundi erant; quibus in­ditum nomen a Vexillo, Concessum illis erat Mili­taris virtutis ergo quadrato vexillo (perinde ac Barones) uti, unde & Equites Vexillarii à non­nullis vocantur, &c. Some maintain a Baneret ought not to be made in a Civil War, but I finde in Sir Rich. Bakers Chron. fol. 260. That Henry the Seventh made divers Banerets upon the Cornish Commotion in the year 1495. Of creating these Knights, read Seagar-Norroy his Book, Lib. 2. cap. 10. and Seldens Titles of Honor, fol. 799. That they are next to Barons in Dignity, appears by the Statute 14 Rich. 2. c. 11. and 5 Rich. 2. Stat. 2. cap. 4. They were ancient­ly called by Summons to the Parliament. And we finde that a Baneret, for Praying a Pardon for a Murderer contrary to the Statute, is sub­ject to the same punishment with a Baron, 13 Rich. 2. Stat. 2. cap. 1. Will. de la Pole was created Baneret by Edward the Third, by Letters Patent, Anno Regni sui 13. Memb. 13. Those Banerets, who are created sub Vexillis Regiis, in exercitu Regali, in aperto bello, & ipso Rege personaliter praesente, explicatis, take place of Baronets; as appears by the Letters Patent for Creation of Baronets. See Cokes 4 Inst. fol. 6.

Bank (Lat. Bancus, Fr. Banque) Hath two significations; the first, (and that most noble) is a Seat or Bench of Judgment, as Bank le Roy, the Kings Bench, Bank de Common Plees, the Bench of Common Pleas, or the Common Bench, called also in Latin Bancus Regius & Bancus Communium Placitorum. The second is a Bank, where a great sum of Money is let out to use, returned by exchange, or otherwise disposed to profit. Jus Banci, or the Privi­ledge of the Bench, was anciently allowed onely to the Kings Judges, Qui summam admini­strant justitiam; for Inferior Courts, such as Court Barons, and Hundred Courts, were not allowed that Priviledge. Since, at this day, the Hundred Court of Freibridge, in Norfolk, is held under an Oak at Geywood; and the Court for the Hundred of Woolsey in Herefordshire, is held under an Oak near Ashton in that County, which is called the Hundred Oak. See Free-Bench.

Bankrupt (quasi Bancus ruptus) Because when the Bank or Stock is broken or exhausted, the owner is said to be a Bankrupt, Anno [Page] 34 Hen. 8. cap. 4. and 1 Jac. 15. He is thus do­scribed.

ALl and every such person and persons using, or that shall use the Trade of Merchandise, by way of Bargaining, Exchange, Bartery, Chevisance, or otherwise in Gross, or by seeking his, her, or their Trade of Living by Buying and Selling, and being a Subject born of this Realm, or any the Kings Dominions, or Deni­zen, who at any time since the First day of this present Parliament, or at any time hereafter shall depart the Realm, or begin to keep his other House or Houses, or otherwise, to absent him or herself, or take Sanctuary or suffer him or her­self willingly to be arrested for any debt or other thing, not grown or due, for Money delivered, Wares sold, or any other just or lawful cause, or good consideration or purposes, or hath or will suffer him or herself to be outlawed, or yield him or herself to prison; or willingly, or fraudu­lently hath, or shall procure him or herself to be arrested, or his or her Goods, Money, or Chattels to be attached, or sequestred, or depart from his or her Dwelling-house, or make or cause to be made any Fraudulent Grant, or Conveyance of his, her, or their Lands, Tenements, Goods, or Chattels, to the intent, or whereby his, her, or their Creditors, being Subjects born, as afore­said, shall, or may be defeated or delaid for the recovery of their just and true Debt; or being Arrested for Debt, shall, after his or her Arrest, lye in Prison Six Moneths, or more, upon that Arrest, or any other Arrest or Detention in Prison for Debt, and lie in Prison Six Moneths upon such Arrest or Detention, shall be accounted and adjudged; a Bankrupt to all intents and purposes.

But by Act 14 Car. 2. cap. 23. it is provided, That no person whatsoever, who shall adven­ture in the East-India, or Guiney Company, or in the Royal Fish Trade, shall be esteemed a Merchant or Trader within any Statute for Bankrupts, or lyable to the same.

Bannum et Banleuga, A Territory, Pre­cinct, or the utmost Bounds of a Mannor or Town; so it is used 47 Hen. 3. Rot. 44. Carta Canuti Regis Coenobio Thorneiae—Notum facio, me eleemosinam nostram Christo concessisse & omnibus Sanctis suis—viz. primo terram illam à Twiwella usque Thorney, ubi Bannum nostrum cessat.

Banishment (Fr. Bannissement) Hath a known signification; but there are two kindes of it, one voluntary and upon Oath, whereof you may read Abjuration; the other upon com­pulsion for some offence or crime; as if a Lay­man succor him, who, having taken Sanctuary for an offence, obstinately refuses to abjure the Realm, he shall lose his life, if a Clerk do so, he shall be banished. Stamf. Pl. Cor. fol. 117.

Barator. See Barrator.

Barbican (Barbicanum) A Watch-Tower, Bulwark, or Brest-work. Mandatum est Johanni de Kilmyngton Custodi Castri Regis & Honoris de Pickering, quoddam Barbicanum ante portam Castri Regis praedicti muro lapideo, & in eodem Barbicano quandam portam cum ponte versatili, &c. de novo facere, &c. T. Rege, 10. Aug. Claus. 17 Edw. 2. m. 39.

Barcaria or Barcarium, A Sheep-coat, and sometimes a Sheep-walk. M. S. de Placit. Ed. 3. See Bercaria.

Bard a lias Beard. See Clack.

Bargain and Sale, Is properly a Contract made of Mannors, Lands, and other things, transferring the property thereof from the Bar­gainer to the Bargainee, which ought to be in con­sideration of Money; it is a good Contract for Land, &c. and the Fee passeth, though it be not said in the Deed (To have and to hold, to him and his heirs,) and though there be no Livery and Seisin given by the Vendor; so it be by Deed indented, sealed, and enrolled, either in the County where the Land lies, or in one of the Kings Courts of Record at West­minster, within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release, with­out either Livery or Enrolment.

Barkary (barkaria, corticulus) A Tan-house, Heath-house, or House to keep Bark in. New Book of Entries, tit. Assise corp. Polit. 2.

Baron (baro) Hath divers significations. First it is a degree of Nobility next a Vis­count. Bracton (Lib. 1. cap. 8. numb. 4.) says, Sunt & alii Potentes sub Rege, qui dicuntur Ba­rones, quasi, robur belli. In which signification it agrees with other Nations, where Baroniae are as much as Provinciae. So as Barons are such as have the Government of Provinces, as their Fee holden of the King, some having greater, some lesser authority within their Territories. Yet it is probable, that of old here in England, all those were called Barons that had such Seig­niories or Lordships, as we now call Court Barons, who are at this day called Seigneurs in France: And the Learned in our Antiquities, have informed us, That not long after the Con­quest, all such came to the Parliament, and sate as Peers in the Lords House. But when by experience it appeared, that the Parliament was too much thronged with such multitudes, it was in the Reign of King John ordained, That none but the Barones Majores should for their extraordinary wisdom, interest, or quality, be summoned to Parliament. After that, again Men seeing this estate of Nobility to be but casual, and depend meerly upon the Princes pleasure, they sought a more certain hold, and obtained of the King Letters Patent of this Dignity, to them, and their Heirs-male; who were called Barons by Letters Patent, or by Creation, whose posterity are now by inheri­tance, and true descent of Nobility, those Barons that are called Lords of the Parliament, of which kinde, the King may create at his plea­sure.

Nevertheless, there are yet Barons by Writ, as well as Barons by Letters Patent. Those Ba­rons who were first by Writ, may now justly also be called, Barons by Prescription, for that [Page] they and their Ancestors have continued Barons, beyond the Memory of Man. The original of Barons by Writ, Camden (in his Britan. pag. 109.) refers to Henry the Third. Barons by Letters Patent, or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor, fol. 687. Ferns Glory of Generosity, pag. 125, 126. To these Seager (lib. 4. cap. 13. Of Honor, Civil, and Military) adds a third kinde of Baron, calling them Barons by Tenure, which are some of our Ancient Barons, and likewise the Bishops, who, by vertue of Baronies annexed to their Bishopricks, always had place in the Lords House of Parliament, and are termed Lords Spiritual.

Baron in the next signification, is an Officer, as Barons of the Exchequer, of whom, the prin­cipal is called Lord chief Baron (Capitalis Baro,) and the three other are his Assistants in Causes of Justice, between the King and his Subjects, touching matters appertaining to the Exchequer, and the Kings Revenue. The Lord Cheif Baron, is the cheif Judge of the Court, and in Matter of Law, Information and Plea answers the Bar, and gives order for Judgment thereupon. He alone in the Term time sits upon Nisi prius, that come out of the Kings Remembrancers Office, or out of the Office of the Clerk of the Pleas, which cannot be dispatched in the mornings for want of time. He takes Recognizances for the Kings Debts, for appearances and observing orders. He takes the presentation of all the Officers in Court under himself, and of the Lord Major of London, and sees the Kings Remem­brancer give them their Oaths. He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made be­fore him, by the Auditors. He gives the two Parcel-makers places by vertue of his Office.

The second Baron, in the absence of the Lord cheif Baron, answers the Bar and takes Re­cognizances as aforesaid. He gives yearly the Oath to the late Major of London, for the true accompt of the profits of his Office. He takes certain Receivers accompts, and examines the Letters and Sums of such Sheriffs Forein Ac­compts; as also the Accompts of Escheators and Collectors of Subsidies and Taxes, as are brought him by the Auditor of the Court.

The third Baron, in the absence of the other two, answers the Bar and takes Recognizances as aforesaid. He gives yearly the Oath to the late Major and Gawger of London for his true accompting. He also takes certain Receivers Accompts, and examines the Letters and Sums of such of the former Accomptants, as are brought unto him.

The fourth Baron, is always a Cursitor of the Court; at the days prefixed, he takes Oath of all High Sheriffs, and their Under Sheriffs, Bailiffs, and other Accomptants, for their true accompting. He takes the Oath of all Collectors, Comptrollers, Surveyors, and Searchers of the Custom-houses, that they have made true En­trances in their Books. He apposeth all Sheriffs upon their Summons of the Pipe in open Court; and informs the rest of the Barons of the Course of the Court, in any Matter that con­cerns the Kings Prerogative. He likewise ex­amines such Accompts as are brought to him.

These Barons of the Exchequer are ancient Officers; for I finde them named in Westm. 2. cap. 11. Anno 13 Edw. 1. and they are called Barons, because Barons of the Realm were wont to be employed in that Office. Fleta, lib. 2. cap. 24. Their Office is to look to the Ac­compts of the Prince, and to that end, they have Auditors under them; as also to decide all Causes appertaining to the Kings Revenue, coming into the Exchequer by any means; as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem, Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 & 14 ejusdem, cap. 11. Whereupon they have been of late persons learned in the Laws, whereas in ancient time they were Majores & Discretiores in Regno, sive de Clero essent, sive de Curia.

There are also Barons of the Cinque Ports, Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns, Hastings, Winchelsey, Rye, Rumney, Hithe, Dover, and Sandwich, who have places in the Commons House of Parliament. See Seldens Titles of Honor at large, sol 687. & seq.

Baron in the third signification, is used for the Husband in relation to his Wife.

The cheif Magistrates of London were also called Barons, before there was a Lord Major, as appears by the City Seal, as also by their ancient Charters— Henricus (3) Rex. Sciatis nos concessisse & hac pr [...]senti Carta nostra confir­masse Baronibus nostris de Civitate nostra Lon­don. quod elegant sibi Mayer de seipsis singulis annis, &c. See Spelmans Gloss. at large upon this word.

Baronet (Baronettus) Is a dignity or de­gree of Honor which hath precedency before all Banerets, Knights of the Bath, and Knights-Batchelors, except such Banerets as are made Sub vexillis Regiis, in exercitu Regali, in aperto bello & ipso Rege personaliter pr [...]sente.

This Order of Baronets, King James crea­ted in the year 1611. with such precedency as abovesaid, and other priviledges, &c. as may appear in Rot. Fat. 10 Jac. part. 10. m. 8. & 14 Jac. par. 2. m. 24., with an Habendum sibi & Haeredibus masculis, &c. See Baneret. Where Baronets are mentioned in our old Statutes and ancient Authors, it is mistaken for Banerets, 2 Inst. fol. 667. And Seldens Titles of Honor, fol. 736.

Barony (Baronia) Is the Dignity, Terri­tory, and Fee of a Baron; under which no­tion, are comprehended not onely the Fees and Lands of Temporal Barons, but of Bishops al­so, who have two estates, one as they are Spi­ritual Men, by reason of their Spiritual Reve­nues and Promotions, as was the Tribe of Levi among the Israelites. The other grew from the bounty of our English Kings, whereby they have Baronies, and Lands so called, and are thereby Barons or Lords of Parliament.

[Page] This Barony (as Bracton says, Lib. 2. cap. 34.) Is a right indivisible; and therefore, if an Inheritance be to be divided among Copar­ceners, though some capital Messuages may be divided, yet, Si capitale Messuagium sit caput Comitatus, vel caput Baroniae, they may not be parcelled. The reason is, Ne sic caput per plu­res particulas dividatur, & plura jura Comita­tuum & Baroniarium deveniant ad nihilum, per quod deficiat regnum, quod ex Comitatibus & Baroniis dicitur esse constitutum. The Mannor of Burford in the County of Salop, was found by Inquisition, capt 40 Edw. 3. Teneri de Rege ad inveni [...]ndos 5 homines pro Ex [...]rcitu Walliae, & per servitium▪ Baroniae, and the Lord thereof (Sir Gilbert Cornwal) is called Baron of Bur­ford; but is no Baron of Parliament.

Barrator or Barater (Fr. Barateur, i a Deceiver) Is a common mover or maintainer of Suits, Quarrels, or Parts, either in Courts or elswhere in the Country, and is himself never quiet, but at variance with one or other. Qui cum Terentiano Davo omnia perturbat. To this purpose read Lamb. Eiren. pag. 342. who says also, That Barrettor (for so he writes it) may come from the Latin Baratro or Balatro, a vile Knave, or [...]hrift; and by a Metaphor, a Spot in a Commonwealth See the Statute of Champerty, 33 Edw. 1. Stat. 2. and Westm. 1. cap. 32. Skene, in the word Barratry, says, That Barrators are Symonists, so called of the Italian word Barrataria, signifying Corruption or Bribery in a Judge, giving a false sentence for Money; whom you may read more at large, as also Hortensius Cavalcanus, in his Tract. de Brachio Regio, parte 5. num. 66.

Barraster (Barrasterius, Repagularis Causi­dicus.) See Utter-Barraster.

Barre (Fr. Barriere or Barre) Signifies legally a destruction for ever, or taking away for a time the action of him that hath right; and it is called a Plea in Bar, when such a Bar is pleaded. Coke on Littl. fol. 372. Plowden, in Colthirsts Case, fol. 26 & 28. And Brook, tit. Barre, num. 101. and 5 Hen. 7. fol. 29.

This word is also used for a Material Bar, as the place where Serjeants at Law or Coun­sellors stand to plead Causes in Court, or Pri­soners to answer their Indictments; whence our Lawyers, who are called to the Bar, or Licensed to plead (in other Countreys called Licenciati) are termed Barrasters, 24 Hen. 8. cap. 24. See Blank-bar.

Bar Fee, Is a Fee of xx d, which every Prisoner, acquitted of Felony, pays to the Goaler, Crompt. Just. of Peace, fol. 158.

Barrel, Is a Measure of Wine, Oyl, &c. containing the eighth part of a Tun, the [...]ourth of a Pipe, and the moyety of a Hogshead, that is, Thirty one Gallons, and a half, Anno 1 Rich. 3. cap. 13. But the quantity of this Ves­sel seems to differ according to the Liquor; for a Barrel of Beer contains Thirty six Gal­lons, the Kilderkin Eighteen, and the Firkin Nine. A Barrel of Ale Thirty two Gallons, the Kilderkin Sixteen, and the Firkin Eight. Anno 23 Hen. 8. cap. 4. and 12 Car. 2. cap. 23.— The said Assise of 32 Gallons of Wine­measure, which is about 28 Gallons of old Standard, well packed, and containing in every Barrel usually, a thousand full Herr­ings, at least, is, and shall be taken for good, true, and lawful Assise of [...]erring Barrels. Anno 13 Eliz. cap. 11.

Barriers (Fr. Barrieres) Signifies with us, that which the French call (Jeu de Barres, i. Palaestram) A Martial Exercise of Men, armed and sighting together with short Swords, with­in certain Bars or Rails, whereby they are se­vered from the Beholders; now disused.

Barter (from the Span. Baratar, i. To sell cheap, or to deceive or cheat in Bargaining) Signifies with us to exchange one commodity for another, to truck Wares for Wares. Anno 1 Rich. 3. cap. 9. And so Bartry the Substantive, 13 Eliz. cap. 7. The reason may be, because they that chop and change in this manner, do endeavor for the most part, one to over-reach, or deceive the other. See Barrator.

Barton, In Devonshire, and the West of England. Is used for the Demesn Lands of a Mannor; for the Mannor-house it self; and in some places for Out-houses, and Fold-yards. In the Statute 2 & 3 Edw. 6. cap. 12. Barton Lands and Demesn Lands are used as Synoni­ma's. See Berton.

Base Court, (Fr. Cour Basse) Is any Co [...]rt, not of Record, as the Court Baron. Of this read Kitchin, fol. 95, 96, &c.

Base Fee. See Base Estate.

Base Estate (Fr. Bas Estat) Signifies, that Estate which Base Tenants have in their Lands. Base Tenants are those (according to Lamb. verbo, Paganus) who perform inferior Villanous service to their Lords. Kitchin, fol. 41. makes Base-tenure and Frank-tenure to be contraries, and puts Copiholders in the number of Base Tenants; whence it may be gathered, that every Base Tenant holds at the will of the Lord, yet that there is a difference between a Base Estate and Villenage; which Fitzherbert in his Nat. Br. fol. 12. seems to confound. For to hold in pure Villenage, is to do all that the Lord will command him. So that if a Copiholder have but Base Estate, he, not holding by the per­formance of every Commandment o [...] his Lord, cannot be said to hold in Villenage. Whether it may be said, That Copiholders are, by custom and continuance of time, grown out of that extream servitude, wherein they were first created, I leave to others of better Judgment, since Fit [...]. (loco [...]itato) says, Tenure by Copy is but of late time.

Basels (Baselli) A sort of Coyn, al [...]olish­ed by Hen. 2. Anno 1158. This year the King altered his Coyn, abrogating certain peeces called Basels. Hollinsh. pag. 67.

Baselard or Basillard, In the Stat. 12 R. 2. cap. 6. signifies a Weapon; which Mr. Speight, in his Exposition upon C [...]aucer, calls Pugionem vel sicam.

Bastard (Bastardus, from the British Ba­stardd, [Page] i. nothus,) Is he or she that is born of any Woman not married, so that the Childes Father is not known by the order of Law, and therefore is called Filius Populi.

Such Bastard cannot inherit Land as Heir to his Father, nor can any person inherit Land as Heir to him, but one that is Heir of his Body. Littl. Sect. 401.

If the Childe be begotten by him that does marry her after the Childes Birth, yet it is in Judgment of Law, a Bastard, though the Church holds it legitimate. Stat. 20 Hen. 3, 9. and 1 Hen. 6. 3. Coke on Littl. 244.

If a Man take a Wife, who is great with Childe by another, who was not her Husband, it shall be said the Childe, and may be the Heir of the Husband, though it were born but one day after the Espousals solemnized.

If one marry a Woman, and die before night, and never Bed her, and she have a Childe after, it seems it shall be accounted his Childe, and Legitimate. See the English Lawyer, 117.

If a Man or Woman▪ marry a second Wife or Husband, the first being living, and have issue by that second Wife or Husband, such issue is a Bastard. 39 Edw. 3. 14. 7 Hen. 4. 49. 18 Edw 4. 26.

If a Woman elope with a Stranger, and hath a Childe by him, her Husband being infra quatuor maria, this is Legitimate, and shall inherit the Husbands Land. 44 Edw. 3. 10. 7 Hen 4. 10.

The punishment of the Mother and reputed Father of a Bastard. Anno 18 Eliz. cap. 3.

He that gets a Bastard in the Hundred of Middleton, in Com. Kent, forfeits all his Goods and Chattels to the King. M S. de temp. Edw. 3. Before the Statute 2 & 3 Edw. 6. cap. 21. one was adjudged a Bastard, Quia filius Sacerdotis. Int. Plac. de temp. Joh. Reg. Lincoln. 42.

Bastardy (Fr. Bastardage) Signifies a defect of Birth, objected to one born out of Wedlock. Bracton. lib. 5. cap. 19. How Bastardy is to be proved, or to be enquired in­to, if it be pleaded. See Rastals Entries, tit. Bastardy, fol. 104. And the Stat. 9 Hen. 6. cap. 11. Kitchin, fol. 64. mentions Bastardy Special, and Bastardy General. The difference whereof is, That Bastardy General is a Certificate from the Bishop of the Diocess to the Kings Justices, after such enquiry made, that the party enqui­red of, is a Bastard, or not a Bastard, upon some question of Inheritance. Bastardy Spe­cial is a Suit commenced in the Kings Court, against him that calls another Bastard; so termed, because Bastardy is the principal case in tryal, and no inheritance contended for. Whereby it appears, that in both these signifi­cations, Bastardy is rather taken for an exami­nation or tryal, whether a Mans Birth be de­fective or illegitimate, than for Bastardy it self. See Brook tit. Bastardy, and Dr. Ridleys Book, pag. 203, 204.

Baston (Fr.) A Staff, Club, or Cowlstaff. But in our Statutes it signifies one of the War­den of the Fleets Servants or Officers, who at­tends the Kings Courts with a Red Staff, for taking such to Ward as are committed by the Court. Anno 1 Rich. 2. cap. 12. 5 Eliz. cap. 23. See Tifstaff.

Batable Ground, Was the Land lying be­tween England and Scotland, heretofore in question, when they were distinct Kingdoms, to which it belonged, Anno 23 Hen. 8. cap. 6. and 32 Ejusdem, cap. 6. As if we should say, Litigious or Debatable Ground; for by that name Skene calls Ground that is in Debate or Controversie betwixt two. Cam. Brit. tit. Cum­berland.

Battel (Fr. Battaile) Signifies a Tryal by Combat: The manner whereof, being long, full of Ceremonies, and now difused, we must refer you to Glanvile, lib. 2. cap. 3, 4, 5. Bracton, lib. 3. tract. 2. cap. 21. fol. 140. Britton, cap. 22. Smith de Rep. Angl. lib. 2. cap. 7. and lib. 3. c. 3. Coke on Littl. fol. 294. And on Westm. 1. fol. 247. See Combat.

Battery (from the Fr. Batre, i. to strike, or Sax. batte, i. fustis) Is a violent striking, or beating a Man; who (in regard it tends to the breach of the Peace) may therefore either indict the other party, (whereby he is Fineable to the King) or have his Action of Trespass, of Assault and Battery, against him, (for every Battery implies an Assault) and recover so much in Costs and Damages, as the Jury will give him, which Action will lie as well before as after the Indictment. But if the Plaintiff made the first assault, then the Defendant shall be quit, and the Plaintiff shall be amerced to the King for his false Suit. In some Case a Man may justifie the beating another in a moderate manner, as the Parent his Childe, the Master his Servant or Apprentice, &c. This the Civi­lians call Injuriam personalem.

Batus (Sax. bat) A Boat. And Batellus, a little Boat.— Concessit etiam idem Hugo Wake pro se & Hered. suis, quod praedictus Abbas & Suc­cessores sui & Ecclesia sua de Croyland habeant tres Batellos in Harnolt, &c. Charta. Edw. 1. 20 [...]ulii. 18 Regni. See Libera Batella.

Bay or Pen, Is a Pond-head made up of a great height to keep in store of Water; so that the Wheels of the Furnace or Hammer be­longing to an Iron Mill, may be driven by the Water coming thence, through a Passage or Flood-gate, called the penstock. Also, a Harbor where Ships ride at Sea near some Port. The word is mentioned Anno 27 Eliz. cap. 19.

Beacon (from the Sax. Beacen, i. signum, vel symbolum) Anno 8 Eliz. cap. 13. is well known. Hence Beaconage, Money paid to­wards the maintenance of a Beacon; and we still use the word to becken, from the Saxon beacnian, to nod unto, or signifie. See the Statute 5 Hen. 4. And Dors. Pat. 28 Hen. 6. par. 2. m. 21. Pro signis Anglicè Beacons & Vigiliis.

Bede or Bead (Sax. Bead, a Prayer;) so that to say Ones Beads, is to say Ones Prayers. [Page] They were most in use before Printing, when poor people could not go to the charge of a Manuscript Prayer-Book. These are mention­ed in 27 Hen. 8. cap. 26. and 3 Jao. cap. 5.

Bearding alias Barding of Wool. See Clack.

Bearors—Justices of Assie shall enquire, bear, and determine of Mainteynors, Bearors, and Conspirators, and of those that commit Champarti, &c. Anno 4 Edw. 3. cap. 11. such as bear down or oppress others; maintainers.

Beasts of Chase (Ferae Campestres) Are five; the Buck, the Doe, the Fox, Martron and Roc. Manwood, 1 Part. pag. 342. and 2 Part. cap. 4. num. 2.

Beasts of the Forest (Ferae Sylvestres) Are the Hart, Hind, Hare, Bore, and Woolf. Man­wood, part. 2. cap. 4. num. 1.

Beasts and Fowls of Warren, Are the Hare, Coney, Pheasant, and Partridge. Manw. part. 2. cap. 4. num. 3.

Beastials. See Bestials.

Beau-pleader (Fr. Beau-plaider, i. To plead fairly) Is a Writ upon the Statute of Marlbridge, 52 Hen. 3. cap. 11. whereby it is provided, That neither in the Circuit of Justi­ces, nor in Counties, Hundreds, nor Courts Baron, any Fines shall be taken of any Man for Fair pleading, that is, for not pleading fairly or aptly to the purpose; upon which Statute, This Writ was ordained against those that vio­late the Law herein. See Fitz. Nat. Br. fol. 270. whose Definition is to this effect. The Writ upon the Statute of Marlbridge for not Fair Pleading lies where the Sheriff, or other Bailiff in his Court, takes Fine of the Party, Plain­tiff, or Defendant; for that he pleads not fair­ly, &c. And it was as well in respect of the Vicious Pleading, as of the Fair Pleading by way of amendment. 2 Part. Inst. fol. 122.

Bedel (Bedellus, Sax. bydel) A Cryer or Messenger of a Court, the Keeper of a Prison or House of Correction, an under Bailiff of a Mannor. Manwood, par. 1. fol. 221. says, A Beadle is an Officer or Servant of the Forest, who makes all manner of Garnishments of the Courts of the Forest, and all Proclamations, as well within the Courts, as without, and ex­ecutes all the processes of the Forest; he is like a Bailiff Errant of a Sheriff in a County. Edgarus interdicit omnibus ministris suis, id est, Vicecomitibus, Bedellis, & Balivis in Patria Gir­virorum—Ne introeant fines & limites dicti Marisci. Ingulphus Hist. Croyl.

Bedelary, Is the same to a Bed [...]l, as Bai­liwick to a Bailiff. Littl. lib. 3. cap. 5.

Bederepe alias Bidrepe (Sax.) Is a ser­vice, which some Tenants were anciently bound to perform, viz. To repe their Land-lords Corn at Harvest, as some yet are tied to give them one, two, or three days work, when they are called— Debent venire in Antumpno ad precariam quae vocatur a le Bederepe. Pla. in Crast. Pur. 10 Hen. 3. Rot. 8.

Benefice (beneficium) Is generally taken for any Ecclesiastical Living, or Promotion, be it Dignity, or other; As Anno 13 Rich. 2. Stat. 2. cap. 2. where Benefices are divided into Elective and Donative. So is it used in the Canon Law. Duarenus de Beneficiis, l. 2. cap. 3.

Beneficio primo Ecclesiastico habendo, Is a Writ directed from the King to the Chan­cellor, to bestow the Benefice that shall first fall in the Kings gift, above or under such a value, upon this or that Man. Reg. of Writs, fol. 307. b.

Benerth, Was a Service which the Tenant rendred to his Lord with his Plough and Cart. Lamb. Itin. pag. 212. and Coke on Littl. fol. 86. a.

Benevolence (Benevolentia, favor, good will) Is used both in the Chronicles and Statutes of this Realm, for a voluntary gratuity given by the Subjects to the King. Stows Annals, pag. 701. By the Statute of 1 Rich. 3. cap. 2. it is called a New Imposition. But Stow, pag. 791. saith, That the invention grew from Edward the Fourths days; you may finde it also (Anno 11 Hen. 7. cap. 10.) to be yielded to that worthy Prince, in regard of his great expences in Wars, and otherwise. See Cokes 12 Rep. fol. 119, 120. It is in other Nations called Subsi­dium charitativum, given sometimes to Lords of the Fee by their Tenants, sometimes to Bishops by their Clergy. Cassan. de consuet. Burg. pag. 134, 136. By Act of Parliament, 13 Car. 2. cap. 4. it was also given to His Ma­jesty that now is, King Charles the Second.

Bercaria (from the Fr. Bergerie) A Sheep­coat or Sheepfold. In Doomsday it is called Berquarium. 2 Part. Cokes Inst. fol. 476.—Dedi sexaginta acras terrae, ad unam Bercariam facien­dam—Mon. Angl. 2. p. fol. 599. a. where it seems to signifie a Sheep-walk.

Berghmayster (from the Sax. berg. Mons, quasi, Master of the Mountain.) A Bailiff or cheif Officer among our Derbishire Miners, who, among other parts of his Office, does also ex­ecute that of Coroner among them.— Juratores dicunt, quod in principio quando Mineratores veniunt in campum minera quaerentes, inventa minera, venient ad Balivum qui dicitur Bergh­mayster, & petent ab eo duas Metas, si sit in novo campo, & habebunt unam, scil. pro in­ventione, & aliam de jure Mineratorum, & una­quaeque meta continet quatuor Perticatas, & ad foveam suam septem pedes, & unaquaeque Per [...] ­cata [...]rit de 24 pedibus, &c. Es [...]. de Anno 16 Edw. 1. num. 34. In Turr. Lond. See Bergh­moth.

Bergmoth or Berghmote.—Juratores dicunt etiam quod Placita del Bergmoth de­bent teneri de tribus septimanis in tres septimanas super mineram in Pecco. Es [...]. 16 Edw. 1. ut supra. This Bergmoth or Berghmote, comes from the Saxon berg, i. Mons and mote or gemote, conventus: Quasi, the Court held upon a Hill, for deciding Pleas and Controversies among the Derbishire Miners; of which, thus Mr. Manlove, in his ingenious Treatise of their Customs.

Bernet, (Incendium, from the Sax. byrnan, to burn) Is one of those crimes, which, by Henry the First's Laws, cap. 13. Emendari non possunt. See Opentheff.

Bery or Bury (from the Sax. Byr, i. Ha­bitatio) A dwelling place, a Mansion-house or Court, a chief Farm. The cheif House of a Mannor, or the Lords Seat is still so called in some parts of England; as in Herefordshire there are the Beries of Stockton, Luston, Hope, &c. Anciently also used for a Sanctuary.

Berton (Bertona, a Sax. bere, hordeum, & ton, villa) Est area in aversa parte aedium ruralium primartarum, in qua horrea, stabula & vilioris officii aedificia sita sunt, & in qua foden­tur domestica animalia & negotiationes rusticae peraguntur.—Rex Thesaurario & Baronibus suis de Scaccario salutem. Quia volumus quod Castrum nostrum Glocestriae, nec-non & Tina & Bertona Gloc. corpori dicti Comitatus nostri Gloc. an­nectantur, &c. Claus. 32 Edw. 1. m. 17.

Berwica, A Hamlet, or Village appurte­nant to some Town or Mannor; often found in Doomsday; from the Sax. bereƿica, a Corn-Farm, or Villa frumentaria. Manerium minus ad maius pertinens; non in gremio Manerii, sed vel in confinio vel dis-junctiùs interdum situm est. Spel.

Besaile (Fr. Bisayeul, i. The Father of the Grand-father) Signifies a Writ that lies where the Great Grand-father was seised of any Lands or Tenements in Fee-simple, the day he died; and after his death, a stranger abates or enters the same day uppn him, and keeps out his Heir, &c. The form and further use of this Writ, read in Fitz. Nat. Br. fol. 221.

[Page] Besca, A Spade, or Shovel: (From the Fr. bescher, to Dig or Delve)— In communi pastura turbas, cum una sola besca, fodient & nihil dabunt. Prior. Lew. Custamar. de He­cham. pa. 15. Hence perhaps— Una bescata terrae inclusa—(Mon. Angl. p. 2. fol. 642. a.) may signifie a peice of Land usually digged, such as Gardiners sow Roots in.

Bestials (Fr. Bestiails, i. Beasts or Cattle of any sort) Anno 4 Edw. 3 cap. 3. It is writ­ten Bestail; and is generally and properly used for all kinde of Cattle. Mentioned also in 12 Car. 2. cap. 4.

Bidale or Bid-all, Precaria potaria (from the Sax. biddan, i. To pray or sapplicate) Is the invitation of Friends to drink Ale at the House of some poor Man, who thereby hopes a charitable contribution for his relief; still in use in the West of England, and falsly written Bildale in some Copies of Bracton, lib. 4. cap. 1. num. ult. And mentioned 26 Hen. 8. cap. 6. See Sothale.

Bidding of the Beads (Anno 27 Hen. 8. cap. 26.) Was anciently an invitation or no­tice given by the Parish Priest to his Parishi­oners at some special times to come to Prayers, either for the Soul of some Friend departed, or upon some other particular occasion. And, to this day our Ministers do usually, on the Sunday precedent, bid such Festivals, as happen in the week following, Holidays; that is, desire or invite their Parishioners to observe them. Bidding comes from the Sax. biddan, i. To de­sire or intreat; and Bead, in that language, signifies a Prayer.

Bidripe (Bidripa.) See Bederepes.

Biga, Properly a Cart, or Chariot, drawn with two Horses coupled side to side; but, in our ancient Records, it is used for any Cart, Wain, or Waggon— Et quod eant cum Bigis & carris & caeteris falleris super tene­mentum suum, &c. 2 Mon. Angl. fol. 256. b.

Bigamus, Is he that hath married two or more Wives, or a Widdow, as appears in the Statutes, 18 Edw. 3. cap 2. and 1 Edw. 6. cap. 12. 2 Part. Cokes Inst. fol. 273.

Bigamy, (Bigamia) Signifies a double marriage or the marriage of two Wives; it is used for an impediment to be a Clerk, Anno 4 Edw. 1. 5. Upon those words of S. Paul to Timothy, Chap. 5. 2. (Oportet ergo Episcopum ir­reprehensibilem esse & unitis uxoris virum.) Upon which, the Canonists founded that Doctrine; That he that hath married a Widow, is by their interpretation, taken to have been twice married. And both these, they not onely ex­clude from holy Orders, but deny them all Pri­viledges that belong to Clerks. But this Law is abolished by 1 Edw. 6. cap. 12. and 18 Eliz. cap. 7. Which allow to all Men that can read as Clerks, though not within Orders, the benefit of Clergy, in case of Felony not especially excepted by some other Statute. Brook, tit. Clergy.

Bilanciis deferendis, Is a Writ directed to a Corporation, for the carrying of Weights to such a Haven, there to weigh the Wools that such a Man is licenced to transport. Reg. of Writs, fol. 270. a.

Bilawes or rather By-laws (from the Gothish By, pagus and lagen. Lex, or from the Sax. Bilage, i. Leges obiter & pro re nata conditae) are particular Orders made in Court Leets or Court Barons by common assent of the Resiants, for the good of those that make them, in some particular Cases, whereto the Publick Law does not extend. Coke, Vol. 6. fol. 63. Kitchin, fol. 45 & 79. In Scotland they are called Laws of Burlaw or Birlaw, which are made and determined by consent of Neigh­bors, elected by common consent in the Birlaw Courts, wherein Knowledge is taken of Com­plaints betwixt Neighbor and Neighbor; which men, so chosen are Judges and Arbitra­tors to the effect aforesaid, and are called Birlaw-men. For Bawr or Bawrsman in Dutch, is Rusticus, and so Birlaw or Burlaw, Leges Rusticorum. Skene. By Stat. 14 Car. 2. cap. 5. the Wardens and Assistants for making and regulating the Trade of Norwich Stuffs, are impowred to make By-Laws, &c. Anno 20 Car. 2. cap. 6.

Bilinguis, Signifies in the generality a double-tongued Man, or one that can speak two Languages; yet it is used for that Jury which passeth in any Case, betwixt an English­man and an Alien, whereof part must be Eng­lishmen, and part strangers. Anno 28 Edw. 3. cap. 13.

Bill (Billa) Is diversly used: First, it is a security for Money under the Hand and Seal of the Debtor, and is without condition or forfeiture for non-payment. 2. Bill is a Decla­ration in Writing, expressing either the wrong the Complainant hath suffered by the party complained of, or else some fault committed against some Law or Statute of the Realm. This Bill is most commonly addressed to the Lord Chancellor of England, especially for uncon­scionable wrongs done; sometimes to others having Jurisdiction, according as the Law, whereon they are grounded, does direct: It contains the Fact complained of, the Damages thereby sustained, and Petition of Process against the Defendant for redress. See more in West. par. 2. Symbol. tit. Supplications.

Bill of Store, Is a kinde of Licence granted at the Custom-house to Merchants, or others, to carry over such Stores or Provision as are necessary for their Voyage, Custom­free.

Bill of Sufferance, Is a Licence granted at the Custom-house to a Merchant, to suffer him to trade from one English Port to another, without paying Custom. Anno 14 Car. 2. cap. 11.

Billa vera (Lat.) The Bill is true. The Grand Enquest, Empanelled and sworn before the Justices of Eyre, &c. Endorsing a Bill (whereby any crime punishable in that Court is presented to them) with these two words, signifie thereby that the presentor hath furnished [Page] his presentment with probable Evidence, and worthy further consideration. Whereupon, the party presented, is said to stand indicted of the Crime, and tied to make answer to it, either by confessing or traversing the Indict­ment: And if the Crime touch his Life, it is yet referred to another Enquest, called the Enquest of Life and Death, by whom, if he be found guilty, then he stands convict of the Crime, and is by the Judge to be condemned to Death. See Ignoramus and Indictment.

Billets of Gold (Fr. Billot) Wedges or Ingots of Gold, mentioned 27 Edw. 3. Stat. 2. cap. 14.

Bissextile (Bissextilis) Leap-year so called, because the sixth Calends of March are in that year twice reckoned, viz. On the 24 & 25 of February. So that Leap-year hath one day more than other years, and is observed every fourth year, being first devised by Julius Caesar, to accommodate the year with the course of the Sun. And to prevent all doubt and ambiguity, that might arise hereupon, it is provided by the Statute de Anno Bissextili, 21 Hen. 3. That the day increasing in the Leap-year, and the day next before, shall be accounted for one day, &c. Britton. fol. 209. and Dyer, 17 Eliz. 345.

Birlaw. See Bilaw and Byrlaw.

Black maile (Fr. Maille, i A Link of Mail, or a small piece of Metal or Money) Signifies in the Counties of Cumberland, Nor­thumberland, and Westmerland, a certain rate of Money, Corn, Cattle, or other considera­tion, paid to some inhabiting upon, or near the borders, being persons of name and power, allied with certain Moss-Troopers, or known Robbers within the said Counties; to be there­by by them freed and protected from the dan­ger of those Spoil-takers. Anno 43 Eliz. cap. 13. See Mail.

Black Rod, or Gentleman-Usher of the Black Rod, is cheif Gentleman Usher to the King. He is called in the Black Book, fol. 255 Lator virgae nigrae, and Hostiarius; and els­where Virgi-bajulus: His duty is Ad port an­dam Virgam coram Domino Rege, ad Festum Sancti Georgii infra Castrum de Windesore. He hath also the keeping of the Chapter-house Door, when a Chapter of the Order of the Gar­ter is sitting; and, in the time of Parliament, attends on the House of Peers.

He hath a like habit with the Register of the Order, and Garter King of Arms; which he wears at the Feast of S George, and all Chapters. He bears a Black Rod, on the top whereof sits a Lion, Gold; which Rod is instead of a Mace, and hath the same power and authority. His Fee is now 30 l. per annum. This Officer hath been anciently constituted by Letters Patent under the Great Seal.

Blade (Bladum, Fr. Bled) Nostro foro, de segete tantum intelligitur, praesertim etiam in herba. Spel. But the Saxon Blæd signifies more gene­rally Fruit, Corn, Hemp, Flax, Herbs, &c. or the Branches or Leaves of Trees or Herbs. Universis—Wil. de Mohun salutem, Sciatis me relaxasse & quietum clamasse Domino Reginaldo de Mohan fratri meo totum Manerium meum de Torr—Salvo mihi instauro meo & blado, &c. (sine dat.) i. e. Excepting my Stock and Corn on the Ground. Hence Bladier is taken for an Ingrosser of Corn or Grain. Sciant—quod ego Willielmus Alreton, consensu & voluntate Beatriciae Uxoris meae, Dedi—Agathae Gille pro duabus Marcis Argenti & una mensura bladi, duas solidatas reditus in villa Leominstr. illas scil. quas Walterus de Luda solebat mihi reddere pro quadam terra quae est inter soldas Adae Talcurteis & Feodum Johannis Rading. Habend &c. (sinc dat.) Ex libro Cartar. Priorat. Leominstriae.

Blancks (Fr. Blanc. i. candidus) A kinde of Money, coyned by King Henry the Fifth, in the parts of France, which were then subject to England, the value whereof was 8 d. Stows Annals, pag. 586. These were forbidden to be current in this Realm, 2 Hen. 6. cap. 9. The reason why they were called Blanks, was, be­cause at the time these were coyned in France, there was also a piece of Gold coyned, called a Salus; from which, this of Silver, was in name distinguished by the colour.

Blanck-Bar, Is the same with that we call a Common Bar, and is the name of a Plea in Bar, which in an Action of Trespass is put in to compel the Plaintiff to assign the certain place where the Trespass was committed: It is most used by the practisers in the Common Bench, for in the Kings Bench the place is com­monly ascertained in the Declaration. Croke, 2 Part. fol. 594.

Blench, To hold Land in Blench, is, by payment of a Penny, Rose, Pair of Gilt Spurs, or such like thing, if it be demanded; In name of Blench, i. Nomine albae firmae. See Alba firma.

Blockwood. See Logwood.

Blomary (Anno 27 Eliz. cap. 19.) The first Forge man Iron Mill, through which the Iron passeth, before it comes to the Finary.

Bloated Fish or Herring (Anno 18 Car. 2. cap. 2.) Are those which are half-dried.

Bloudy-hand. See Backberend.

Bloudwit or Blodwite (compounded of two Saxon words Blod, i. sanguis, and wita, mulcta,) Is a word used in ancient Charters of Liberties, and signifies an Amercement for shedding Blood; so that whosoever had it given him in his Charter, had the penalty due for Blood-shed. Skene writes it Bloudveit, and says veit in English, is injuria, and that Bloud­veit is an Amerciament or unlaw (as the Scotch call it) for wrong or injury, as Bloodshed is: For he that hath Bloodveit granted him, hath free liberty to take all Amerciaments of Courts for Effusion of Blood. Fleta says, Quod sig­nificat quietantiam misericordiae pro effusione san­guinis, Lib. 1. cap. 47. Blodwite, i. Si aliqui pugnantes ad invicem in Rudnam & extraxerint sanguinem, Prior habebit inde amerciamenta in Curia sua. Ex Reg. Priorat. de Cokes­ford.

[Page] Blubber (Anno 12 Car. 2. cap. 18.) A kinde of Whale-Oyl, so called; before it is throughly boiled and brought to perfection.

Boc-hord (Sax.) A place where Books, Evidences, Writings, or other like Monuments are kept, as the Rolls, quasi, Librorum hor­reum.

Bocland (Sax.) Terra haereditaria vel testi­mentalis, quasi, Book-land. A Possession, an Inheritance; a Territory, Farm, or House with Land belonging to it, held by Evidence in Writing. Bocland verò ea possidendi trans­ferendique lege coercebatur, ut nec dari licuit nec vendi, sed haeredibus relinquenda erat, in scriptis a liter permitteretur; Terra inde Haereditaria nuncupata. LL. Aluredi, cap. 36. See Charter­land, and Landboc. And see Glossarium in decem Scriptores.

Bodies Politick. See Corporation.

Boilary or Bullary of Salt (Salina) A Salt-house, or Salt-pit, where Salt is boiled and made. Coke on Littl. fol. 4. b. From the Fr. Bovillon, a Boiling or Bubbling.

Bolting, At Greys-Inn the manner is thus, An Ancient, and two Barrasters sit as Judges, three Students bring each a Case, and the Judges chuse which of them shall be argued; which done, the Students first argue it, then the Bar­rasters. It is inferior to Mooting, and may be derived from the Saxon Bolt, a House; be­cause done privately in the House for in­struction.

Bona fide, i. With a good Faith; we say that is done Bona fide, which is done really, with a good Faith, without dissimulation or fraud. It is used Anno 12 Car. 2. cap. 18. and 15 Car. 2. cap. 5.

Bonaght or Bonaghty, Was an Exaction in Ireland, imposed on the Subjects at the Will of the Lord, for relief of the Knights called Bonaghti, who served in the Wars. Antiq. Hibern. pag. 60. Camden (in his Britan. tit. Des­mond) says, James Earl of Desmond imposed upon the People those most grievous Tributes of Coyn, Livery, Cocherings, Bonaghty, &c.

Bona notabilia; Where the party dying hath, at time of his death, Goods, or good Debts in any other Diocess, or peculiar juris­diction within that Province, besides his Goods in the Diocess where he dies, amounting to the value of 5 l. at the least, he is said to have Bona notabilia; and then the Probat of his Will, or granting Administration belongs to the Archbishop of the Province, whether it be with­in that of Canterbury, or York. But this does not prejudice those Diocesses, where, by Com­position or Custom, Bona notabilia are rated at a greater sum. Book of Canons, 1 Jac. Can. 92, 93. Perkins, sect. 489. See Probat of Testaments.

Bona Patria, An Assise of Countrey-men or good Neighbors; sometimes it is called Assisa bonae patriae, when twelve or more Men are chosen out of any part of the Countrey to pass upon Assise; otherwise called Juratores, because they are to swear judicially in pre­sence of the party, &c. Skene. See Assi­sors.

Bond, Bondage, and Bondmen. See Nativus. Bondmen in Doomsday are called Ser­vi, and differed from Villani.—Et de toto tenemento, quod de ipso tenet in Bondagio in Soca de Nortone cum pertin. Mon. Angl. 2. par. fol. 609. a.

Bonis Arrestandis, Is a Writ, which see in Arrestandis bonis.

Bonis non amovendis, Is a Writ to the Sheriffs of London, &c. to charge them, that one, against whom a Judgment is obtained in an Action, and who prosecutes a Writ of Error, be not suffered to remove his Goods, till the Error be tryed. Reg. of Writs, fol. 131. b.

Booting or Boting Corn, Certain Rent-Corn anciently so called: The Tenants of the Mannor of Haddenham in Com. Bucks, hereto­fore paid Booting Corn to the Prior of Roche­ster. Antiquity of Purveyance, fol. 418. Perhaps it was so called, as being paid by the Tenants, by way of Bote (Boot we still call it) or com­pensation to the Lord, for his making them Leases, &c. See Bote.

Bordagium, The Tenure of Bord-lands, which see. Item ordinatum est, quod omnes qui terras & tenementa tenent per Bordagium, habe­ant super singulis Bordagiis, quae per praedictum servicium tenentur, capitalem quandam mansio­nem in loco ad hoc consueto, &c. Ordinac. Justic. Itin. in Insula de Jersey.

Bordarii seu Borduanni, Often occur in Domesday; by some esteemed to be Bores, Hus­bandmen, or Cotagers; which are there al­ways put after Villains. Dicantur Bordarii vel quòd in tugurio (quae Cottagia vocant) ha­bitabant, seu villarum limitibus, quasi Border­ers. Spelm. Tenentes per servitia plus servilia quam villani, & qui tenent nisi paucas acras. M. S. but see Bordlands.

Bord-halfpeny (Sax. Bord, tabula, and hafpeny, obolus) Is Money paid in Fairs and Markets for setting up Tables, Bords, and Stalls, for sale of Wares. In antiquis Chartis multi immunes fiunt ab ista solutione, says Spel­man. It is corruptly written Borthalpeny and Brodhalpeny in some Authors.

Bord-lands, The Lands which Lords keep in their hands for maintenance of their Bord or Table. Est Dominicum quod quis habet ad men­sam suam & propriè, sicut sunt Bord-lands, Anglicè, i. Dominicum ad mensam. Bract. lib 4. tract. 3. cap. 9. num. 5. Which possession was anciently termed Bordage. Sax. Dict. verbo Bord. And the Bordarii (often mentioned in Domesday) were such as held those Lands, which we now call Demain Lands. See Antiq. of Pur­veyance, fol. 49.

Borow or Borough (Sax. Borhoe, Fr. Burg) Signifies a Corporate Town, which is not a City. Anno 2 Edw. 3. cap. 3. As also such a Town or place as sends Burgesses to Parlia­ment, the number whereof you may see in Cromp. Jurisd. fol. 24. Probably Borhoe was an­ciently taken for those Companies, consisting of [Page] Ten Families, which were combined to be one anothers Pledge. See Bracton, lib. 3. tract. 2. cap. 10. and Lamberts Duty of Constables, pag. 8. Verstegan says, That Burg or Burgh, whence we say Borough, signifies a Town, having a Wall or some kinde of Enclosure about it; and that those places which in old time had among our Ancestors the name of Borough, were one way or other, fenced or fortified. See Head-borow and Borow-head.

Borow-head alias Head-borow (from the Sax. Borhoe and Head) signifies (according to Lambert, in his Treatise of Constables) the Head-man or cheif pledge of the Decury or Borow, chosen by the rest to speak and act in their name, in those things that concerned them.

Borow-holders alias Bursholders, quasi Borhoe-ealders, are the same with Borowheads. Bracton calls them Borghy-Alders, Lib. 3. tract. 2. cap. 10.

Borow-English (Sax. Borhoe Englisc) Is a customary Descent of Lands, whereby in all places, where this Custom holds, Lands and Tenements descend to the youngest Son; or, if the owner have no issue, to his youngest Brother, as in Edmunton. Kitchin, fol 102. And the reason of this Custom (according to Littleton) is, For that the youngest is presumed in Law, to be least able to shift for himself.

Borow Goods Divisable. These words are found in the Statute of Acton Burnel, 11 Edw. 1. As, before the Statutes of 32 & 34 Hen. 8. no Lands were Divisable at the Common Law, but in ancient Baronies; so perhaps, at the making the foresaid Statute of Acton-Burnel, it was doubtful, whether Goods were Divisable, but in ancient Borows. For it seems by the Writ De rationabili parte bonorum, anciently the Goods of a Man were partable between his Wife and Children.

Borthalpeny. See Bord-halpeny.

Boscage (Boscagium) Is used for that Food, which Wood and Trees yield to Cattle, Mast: From the Gr. [...]. Pascere.

Boscaria— Ut ipsi possunt domos & Bosca­ria satis competentia aedificare—Mon. Angl. 2 p. fol. 302. It may either signifie Wood-houses, from Boscus; or Ox-houses, from Bos.

Boscus, Is an ancient word used in the Law of England, for all manner of Wood. The Italian useth Bosco in the same sence, and the French, Boys. Boscus is divided into High­wood or Timber (Haut-bois) and Copice or Under-wood (Sub-Bois.) High-wood is pro­perly called Saltus, and in Fleta, Maere­mium.

Bosinnus (From the Fr. Bouzine, A Ru­stical Trumpet or Wind-instrument, made of Pitched Barks.) By Inquisition after the death of Laurence Hastings, Earl of Pembroke, 22 Edw. 3. The Mannor of Aston Cantlow (de Cantelupo) in Com. War. is returned to be held in Capite of the King by these words. Quod qui­dem Manerium per se tenetur de Domino Rege in Capite per servitium inveniendi unum hominem peditem cum quadam Ar [...]u sine Corda, cum uno Bosinno sine tappa per xl. dies sumptibus pro­priis, quoties fuerit guerra in Wallia. Ex Record. Turris Londini.

Quaere, If Tappa (from the Fr. Tapon, i. the Bung or Stopple) be not the Buckhole or Stopple of the Instrument where they blow.

Bote (Sax.) Compensation, recompence, satisfaction, or amends. Hence Man-bote alias Mon-bote, compensation or amends for a Man slain, who was bound to another: In King Ina's Laws set out by Lambert, cap. 96. you may see what rate was ordained for expiation of this offence. Hence also our common phrase to boot. i. compensationis gratia. See Hedge-bote, Plow-bote, House-bote; and see Skene, verbo, Bote.

Boteless. i. Sine emenda. Int. Plac. Trin. 12 Edw. 2. Ebor. 48. We retain the word still in Common Speech.

Botha, A Booth, Stall, or Standing, made in Fairs or Markets.— Et duas mansuras libe­ras ad Bothas suas faciendas. Mon. Angl. 2 p. fol. 132.

Botiler Of the King (Pincerna Regis) Anno 43 Edw. 3. cap. 3. Is an Officer that pro­vides the Kings Wines; who (according to Fleta, lib. 2. cap. 21.) may by vertue of his Of­fice out of every Ship laden with Sale-Wines, Unum dolium eligere in prora navis ad opus Regis, & aliud in puppi, & pro qualibet pecia reddere tantum 20 solid. Mercatori. Si autem plura inde habere voluerit, bene licebit, dum tamen precium fide dignorum judicio pro Rege appo­natur.

Bottomry or Botomary (Anno 16 Car. 2. cap. 6.) Is, when the Master of a Ship borrows Money upon the Kiel or Bottom of his Ship, and binds the Ship it self, That if the Money be not paid by the day assigned, the Creditor shall have the Ship. Ceo Bottomage est quand argent est borrow sur le Keil del Neif, & le Neif oblige al payment de ceo. Viz. Si ne soit pay al temps, que l'auter avera le Neif Latches Rep. fol. 252. Scarboroughs Case.

Others define it thus, When I. S. lends Money to a Merchant, that wants it to Traf­fick, and is to be paid a greater sum at the re­turn of the Ship, standing to the hazard of the Voyage; and though the profit be above six per cent, it is not reckoned Usury.

Bovata terrae, Is as much as one Ox can Plough. Octo bovatae terrae faciunt carucatam terrae, octo carucatae faciunt unum Feodum Mi­litis. XVIII acrae faciunt Bovatam terrae. M. S. cum notis in Statut. See Oxgang.

Bouche of Court, or as the vulgar call it Budge of Court, Is to have meat and drink scot free there: For so is the Fr. Avoir Bouche a Court, to be in Ordinary at Court. And this anciently extended as well to the Court of No­blemen, who were Subjects, as to the Kings Court. As appears by this Deed.

CEste Endenture faite parentre lui Nobles hommes Monsieur Tho. Beauchamp, Counte de Warwyke, d une part, & Monsieur Johan Russell [Page] de Strengesham Chivalier d'autre part, tesmoigne que le dit Mounsieur Johan est demoure ove le dit Counte pur terme de sa vie, pur la pees & pur guerre, & prendra pur la pees du dit Counte an­nuelement vynt livres, de la vie du dit Mounsieur Johan, del Manoir le dit Counte de Chedworth en le Countee de Gloucestre, & pur la guerre qua­rant livres, & serra paie annuelement as termes de la Nativitee Seinte John le Baptiste & de Nowel per ovels portions des issues du dit Manoir de Chedworth, per les mains del gardeyn de mesme le Manoir, & avera le dit Mons. Johan pur la pees, quant il serra maunde de venir al dit Counte, Bouche au Court pur lui mesme, un Chamber­lein & un Garson, feyn, provendre & Ferrure pur trois Chivaulx pur la temps de sa demoure, Et pur la guerre le dit Mons. Johan Mountra lui mesme covenablement, & avera Bouche au Court, ou liverie pur lui mesme, une Chamberlein & trois Garsons, ou gages al afferant & feyn, provendre & Ferrure pur cynk chivaulx en ma­nere come autre de son estat, ove le dit Counte, prendront. Et si il preigne prisoner, soit entre le dit Counte & le dit Mons. Johan, si come il fait parentre lui & autres Bachulers de sa retenue pur terme de vie. Et voet & grante le dit Counte per cestes presentes Lettres, que si la dite rent annuele de xx l. pur la pees, ou de xl l. pur la­guerre soit a derere & nyent paye pur un moy apres ascun des termes avantditz, que bien lise au dit Mons. Johan ou a son Attornie en celle partie en le dite Manoir de Chedworth destreindre pur les arrerages de la dite rent, &c. Done a nostre Chastel de Warwyke le xxix. jour del moys de Marcz l'an du regne le Roy Richard Second, puis le Conquest, sisme.

Boveria, An Ox-house or Ox-stall— Ad faciendum ibi Boverias suas & alias domos usibus suis necessarias, &c. Mon. Angl. 2. par. fol. 210. a. Loca ubi stabulantur Boves; according to Gloss. in x. Seriptores.

Bound (Bunda)—Secundum metas, mae­ras, bundas, & Marchias Forestae, 8 Edw. 3. Itin. Pick. fol. 6. Sir Edw. Coke in 4 Inst. fol. 318. derives it from the Saxon, Bunna, but the Saxon Dictionary affords no such word.

Bow-bearer, Is an under Officer of the Forest, whose Oath will inform you the na­ture of his Office, in these words.

I Will true Man be to the Master of this Forest, and to his Lieutenant, and in their absence I shall truly over-see, and true Inquisition make, as well of sworn Men as unsworn in every Baili­wick, both in the North Bail, and South Bail of this Forest, and of all manner of Trespass done, either to Vert or Venison, I shall truly endeavor to attach, or cause them to be attached, in the next Court of Attachment, there to be presented, without any concealment had to my knowledge. So help me God. Crompt. Jurisd. fol. 201.

Bozones. See Busones.

Brandy, A kinde of Spirit or Strong­water, made cheifly in France, and extracted from the Lees of Wine or Cider, mentioned in the Act, 20 Car. 2. cap. 1. Upon an Argument in the Exchequer, Anno 1668. Whether Brandy were a Strong-water or Spirit, It was resolved to be a Spirit. But 25 Nov. 1669. by a Grand Committee of the whole House of Commons, it was voted to be a Strong-water, and not a Spirit.

Brasium, Malt: In the ancient Statutes Brasiator is taken for a Brewer, from the Fr. Brasseur; and at this day also for a Malster or Malt-maker. It was adjudged, 18 Edw. 2. Quod venditio Brasii non est venditio victualium, nec debet puniri sicut venditio Panis, vini & Cer­visiae & hujusmodi contra formam Statut.

Breach Carnium. Per Breach Carnium Thomas Crew, (Magister Hospitalis Sancti Jo­hannis Baptistae extra portam borealem Cestriae) clamat, quod omnes tenentes sui infra eorum libertates residentes sint quieti de venditione car­nium. Pla. in Itin. apud Cestriam 14 Hen. 7.

Bread of Treet or Trite. (Panis Tritici, Wheaten Bread) Was one of those sorts of Bread mentioned in the Statute of Assise of Bread and Ale, 51 Hen. 3. Stat. 1. where we read of Wastel Bread, Cocket Bread and Bread of Treet, which I think do gradually corre­spond with what we now call White, Wheaten, and Boulted or Course Bread. See Cocket.

Bred, Is used by Bracton, lib. 3. tract. 2. cap. 15. for Broad, as, Too long and too bred.

Brehon, The Irish call their Judges Bre­hones, and thereupon the Irish Law is called the Brehon Law. See 4 Inst. fol. 358.

Bretoyse or Bretois—Sciant—quod ego Henricus de Penebrugge Dedi—Omnibus liberis Burgensibus meis Burgi mei de Penebrugge omnes libertates & liberas consuetudines secundùm le­gem de Bretoyse nundinis & seriis appurtin. secundum tenorem Chartae Domini Henrici Regis quam habeo. Habendum, &c. sine dat. Secun­dum legem de Bretoyse, must certainly signifie, Legem Marchiarum; or, The Law of the Bri­tains, or Welshmen: For Penebrugge (now Pembridge) is a Town in Herefordshire, border­ing upon Wales.

Brevibus & Rotulis liberandis, Is a Writ or Mandat to a Sheriff to deliver unto the new Sheriff, chosen in his Room, the County and the appurtenances, with the Rolls, Briefs, Remembrances, and all other things belonging to that Office. Reg. of Writs, fol. 295. a.

Bribery (from the Fr. Briber, to devour or eat greedily) Is a great misprision, when any Man in judicial place takes any Fee, Pen­sion, Gift, Reward, or Brocage, for doing his Office, but of the King onely. Fortescu, cap. 51. and 3 Instit. fol. 145.

Bribour (Fr. Bribeur, i. a Beggar) Seems to signifie in some of our old Statutes, one that Pilfers other Mens Goods, as Cloaths out of a Window, or the like.

[Page] Brief (breve) Signifies a Writ, whereby a Man is summoned or attached to answer any Action; or (more largely) any Writ in wri­ting, issuing out of any of the Kings Courts of Record at Westminster, whereby any thing is commanded to be done in order to Justice, or the Kings command, and is called a Brief, or Breve; Quia Breviter & paucis verbis intentio­nem proferentis exponit & explanat, sicut regula juris rem quae est Breviter enarrat, says Bracton, lib. 5. tract. 5. cap. 17. num. 2. Also Letters Patent or a Licence from the King or Privy Council, granted to any Subject to make a Collection for any publick or private loss, is commonly stiled a Brief.

Briga (Fr. Brigue, i. debate or contention)— Et posuit terram illam in Brigam & causam in­tricandi terram, scilicet, per diversa fraudulenta Feoffamenta; Ideo committitur Maresc. Ebor. Hil. 18 Edw. 3. Rot. 28.

Brigandine (Fr.) A Coat of Mail, or a fashion of ancient Armor, consisting of many joynted and Scale-like Plates, very pliant un­to, and easie for the Body, mentioned Anno 4 & 5 Phil. & Ma. cap. 2. Some confound it with Haubergeon; and some with Brigantine, (in writing which, there is onely the d turned into t) which signifies a low, long, and swift Sea-Vessel, having some twelve or thirteen Oars on a side.

Brig-bote or Brug-bote, Significat quie­tantiam reparationis Pontium. Fleta, lib. 1. cap. 47. Pontis refectio vel restauratio. It is Com­pounded of (Brig) a Bridge, and (Bote) which is a yeilding of amends, or supplying a defect. See Bote and Seldens titles of Honor, fol. 622. Arcis pontisque constructio.

Brocage, (Anno 12 Rich. 2. cap. 2.) Means used by a Spoaksman; the Wages, Hire, or Trade of a Broaker. Anno 1 Jac. cap. 21. it is written Brokerage. Anno 11 Hen. 4. num. 28. not Printed.

Brochia (from the Fr. broc, Quod lagenam majorem aut cantharum significat.) Si quis teneat per servitium inveniendi Domino Regi, certis locis & certis temporibus, unum hominem & unum e­quum & saccum cum Brochia pro aliqua necessi­tate, vel utilitate exercitum suum contingentem. Bracton, lib. 2. tract. 1. cap. 6. By which it should seem Saccus was to carry the dry, and Brochia the liquid things. See Saccus.

Brodehalfpeny, Rectiùs Bordhalfpeny, Sig­nifies a small Toll, by Custom paid to the Lord of the Town, for setting up Tables, Bords, or Booths, in a Fair or Market: From which, they who are freed by the Kings Charter, had this word in their Letters Patent; in so much, as now the freedom it self (for shortness of Speech) is termed Bordhalfpeny. See Bord­halpeny.

Broggers. Vide Brokers.

Brokers (Brokarii) Are of two sorts, the one an Exchange-Broker, whose Trade is to deal in matters of Money and Merchandise be­tween English-men and Stranger-Merchants, by drawing the Bargain to Particulars, and the Parties to Conclusion; for which they have a Fee or Reward. These are called Broggers; Anno 10 Rich. 2. cap. 1. and in Scotland Broc­carii, that is (according to Skene,) Mediators or Intercessors in any Transaction, Paction, or Contract, as in Buying, Selling, or Contracts of Marriage. Broggers of Corn, Are used in a Proclamation of Q. Elizabeth for Badgers, Bakers Chron. fol. 411. He that would know what these Brokers were wont, and ought to be, let him read the Statute of 1 Jac. cap. 21. The other is the Pawn-broker, who commonly keeps a Shop, and lets out Money to poor and necessitous people upon Pawns, not without Extortion for the most part: These are more properly called Friperers or Pawn-takers, and are not of that antiquity or credit, as the for­mer; nor does the said Statute allow them to be Brokers, though now commonly so called.

Brothel-houses. King Henry the Eighth, by Proclamation 30 Martii. 37 of His Reign, sup­pressed all the Stews or Brothel-houses, which long had continued on the Bankside in South­wark; for that they were prohibited by the Law of God, and Law of this Land. 3 Inst. fol. 205. And Rot. Parl. 14 R. 2. num. 32.

Bruck-bote (from the Germ. Bruck, i. Bridge and Bote, i. Compensation) Signifies a Tribute or Contribution towards the mend­ing or re­edifying of Bridges, whereof many are freed by Royal Charter; and thereupon the word is used for the very Liberty or Ex­emption it self. See Pontage and Brig-bote.

Bru [...]ere (Fr. Bruyere, Lat. Bruyrium, erica, quasi ericetum) Heath and Heath-ground. Pastu­ra xi quarentenarum & dimid. longitudine & latitudine. Bruaria 2 leucarum longitudine & latitudine. Domesd. Tit. Dorset Eccles. Crene­burn. Ingelingham. Hac autem appellatione Fo­renses vocant steriles camporum solitudines, licet [...]ricam non edant, Heath-ground. Spel.

Buckstall.— Et sint quieti de Chevagio, Hondpeny, Buckstall, & Tristris, & de omnibus misericordiis, &c. Privileg. de Semplingham. By the Stat. 19 Hen. 7. cap. 11. it seems to be a Deer-hay, Toyl, or great Net to catch Deer with; which by the said Statute is not to be kept by any man that hath not a Park of his own, under pain of 40 l.

To be quit of Buckstals, i. Ubi homines con­venire tenentur, ibidem convenire ad stableiam faciendam circa feras & ad easdem congregand. quietum esse de hoc servitio, quando Dominus chaseaverit. 4 Inst. fol. 306.

Buck-wheat (Mentioned in the Statute 15 Car. 2. cap. 5.) Is otherwise called French Wheat, and well known.

Budge of Court. See Bouche.

Buggery (According to Sir Edward Coke, Rep. 12. pag. 36.) Comes from the Ital. Bugge­rare, to Bugger, and is described to be Carnalis copula contra naturam, & haec vel per confusionem specierum, sc. A Man or a Woman with a bruit Beast, vel sexuum; A Man with a Man, or a Woman with a Woman. This offence com­mitted with Mankinde or Beast, is Felony [Page] without Clergy; it being a sin against God, Nature, and the Law, and was brought into England by the Lombards, as appears by Rot. Parl. 50 Edw. 3. num. 58. See the Stat. 25 H. 8. cap. 6. revived 5 Eliz. 17. Fitzh. Nat. Br. fol. 269. b. In ancient time such Offenders were burnt by the Common Law. This most detest­able sin was justly excepted out of the Act of General Pardon, 12 Car. 2. cap. 8.

Bull (Bulla, Ital. Bolla) was a Gold Or­nament or Jewel for Children, hollow within, and made in fashion of a Heart to hang about their Necks; but now it is most usually taken for a Brief or Mandate of the Pope, or Bishop of Rome, from the Lead or sometimes Golden Seal affixed thereto; which Matthew Paris Anno 1237. thus describes. In Bulla Domini Papae stat imago Pauli a dextris Crucis in medio Bullae figuratae, & Petri a sinistris. The word is often used in our Statutes, as 28 Hen. 8. cap. 16. And 1 & 2 Phil. & Ma. cap. 8.—13 Eliz. cap. 2. Non solum sigillum significat imprimens & impres­sum, sed ipsas etiam literas bullatas & interdum schedulam seu billam. Misit quoque Archiepis­copus (Cantuariae) Regi & Concilio suo schedu­lam sive Bullam, in hunc modum continentem, &c. Spelm William de Brinckle recovered at the Common Law by Verdict against Otho, Par­son of the Church of Beston x l. Pro substracti­one unius Bullae Papalis de Ordinibus, alterius Bullae de legitimatione, & tertiae Bul ae de veniam exorantibus pro animabus antecessorum suorum. Trin. 4 Edw. 3. Rot. 100. Bulla, Olim sigillum significans. Gloss. in x. Scriptores.

Bullenger. The Commons do Petition, that certain Commissions lately sent to Cities for the making of certain Boats and Bullengers, being done without consent of Parliament, might be repealed. Rot. Parl. 2 Hen. 4. num. 22.

Bullion (Fr. Billon, i. The Metta [...] whereof base Coyn is made) Signifies with us Gold or Silver, in Mass or Billet. Anno 9 Edw. 3. Stat. 2. cap. 2. And sometimes the Kings Exchange or place, whither such Gold in the Lu [...]p is brought to be tryed or exchanged. 27 Edw. 3. Stat. 2. cap. 14. And 4 Hen. 4. cap. 10.

Bullion seems also to signifie of old, a quantity of Salt, according to Gervase of Til­bury, writing of the Salt Springs in Worcester­shire.

Bultel, Is the refuse of the Meal, after it is dressed by the Baker; also the Bag wherein it is dressed. I finde the word mentioned in the Statute, entituled, Assisa panis & Cervi­siae. Anno 51 Hen. 3. Hence Bulted Bread, Course Bread.

Bunda. See Bound.

Burcheta (from the Fr. Berche) A kinde of Gun, mentioned in the Forest Records.

Burgage (Burgagium, Fr. Bourgage) Is a tenure proper to Borows, whereby the Inhabi­tants by ancient Custom hold their Lands or Tenements of the King, or other Lord, at a certain yearly Rent. It is a kinde of Soccage, says Swinburn, pa. 3. Sect. 3. num. 6. Ad mili­tiam non pertinet, habetur ideo inter ignobiles tenuras. Mentioned 37 Hen. 8. cap. 20. It was also anciently used for a Dwelling-house in a Borow-Town.

Sciant—Quod ego Editha filia Johannis de Aula in ligea virginitate & potestate mea dedi—Deo & Beatae Mariae & omnibus Sanctis & Ele [...]mosinariae Leominstr. pro salute Animae meae—In liberam puram & perpetuam Eleemosinam totum illud Burgagium cum edificiis & pertin. suis quod jacet in Villa Leominstr. Ex libro cartarum Priorat. Leom.

Burghbrech alias Borgbrech (Sax. Burh­bryce, i. Fidejussionis fractio, vel plegii vio­latio) Angli omnes decemvirali olim fidejussione pacem regiam stipulati sunt; quod autem in hanc commissum est, Burghbrech dicitur, ejusque cognitio & vindicta, Regiis Chartis, plurimis cre­debantur, pro quorum dignitate, mulcta aliàs levior fuit, aliàs gravior. Vide LL. Canuti, cap. 55. Burghbrich, i. Laesio libertatis aut septi. Gallicè, blesmure de Courte ou de close. Polychron, lib. 1. cap. 50.

Burgbote (Sax. Burg, Burh, Burgus, and Bote, compensatio) A Tribute or Contribu­tion, towards the building or repairing of Castles or Walls of Defence; or towards the building of a Burow or City. From which divers had exemption by the ancient Charters of the Saxon Kings; whence it is ordinarily taken for the liberty or exemption it self. Rastal. Significat (says Fleta) quietantiam reparationis murorum civitatis vel Burgi. Lib. 1. cap. 47.

Burgheristh.— Istae consuetudines pertinent ad Taunton, Burgheristh, Latrones, Pacis in­fractio, Hanifare, Denarii de Hundret & Denarii S. Petri, &c. Quaere. M. S. Camdeni penes Will. Dugdale Ar.

Burgemote (Sax.) Curia vel conventus Burgi vel Civitatis; the Borow-Court.—Et ha­beatur in anno ter Burgesmotus, & Schiremotus bis, nisi saepius sit, & intersit Episcopus & Al­dermannus, & doceant▪ ibi Dei rectum & seculi. LL Canuti. M. S. cap. 44.

Burgesses (Burgarii & Burgenses) Are proper [...]y Men of Trade, or the Inhabitants of a Borow or Walled Town; yet we usually ap­ply this name to the Magistrates of such a Town, as the Bailiff and Burgesses of Leominster. But we do now usually call those Burgesses who serve in Parliament, for any such Borow or Corporation. Filius verò Burgensis aetatem habere tunc intelli­gitur, cùm discretè sciverit Denarios numerare, & pannos ulnare & alia paterna negotia similiter exercere. Glanvile, lib 7. cap. 9. In Germany, and other Countreys, they confound Burgess and Citizen; but we distinguish them, as ap­pears by the Stat. 5 Rich 2. cap. 4. where the Classes of this Commonwealth are thus enume­rated. Count, Baron, Baneret, Chiva­léer de Countée, Citezein de Citée, Bur­gess de Burgh. See the Statute of Merton, cap 7. And Coke on Littl. fol. 80.

Burglary (from the Fr. bourg, i. pagus, villa; and larecin, i. furtum; or, laron, fur. Coke, lib. 4. fol. 39.) Is a felonious entring into [Page] another Mans Dwell [...]ng-house, wherein some person usually inhabits, or into a Church in the night time, with intent to commit some Felony therein; as to ki [...]l some Man, steal some­what thence, or to do some other fe onious act, though he execute it not.

Burglary in the natural signification of the word, is nothing but the robbing a House by night, or breaking in with an intent to rob, or do some other Felony. The like offence by day, we call House-robbing or House-breaking, by a particular name. How many ways Burg­lary may be committed, see Cromp. Just. of Peace, fol. 28, 29, 30. and 3 Part. Inst. fol. 363. It shall not have benefit of Clergy, Anno 18 E­liz. cap. 7.

Burghware (q. burgi vir) A Citizen or Burgess. Willielmus Rex salutat Willielmum E­pis opum & Goffredum Portgresium & omnem Burghware infra London. Charta Willielmi [...]n. Londoniensibus confecta.

Burlimen. See Sucking.

Bursa, A Purse.— Reddendo inde ad Bur­sam Abbatis vi d. ad festum Sancti Michaelis, &c. Ex lib. Ca [...]tarum Priorat. Leominstr.

Busca or Buscus, Under-wood or Brush­wood.

Busones Comitatus. Justiciarii, vocatis ad se qua [...]or vel sex vel pluribus de Majoribus Comitatus, qui dicuntur Busones Comitatus, & ad quorum nutum dependent vota aliorum, &c. Bracton, lib. 3. tract. 2. cap. 1. num. 1. Quare.

But (Butticum) Every But of Malmesey to contain at the least 126 Gallons. Anno 1 Rich. 3. cap. 13.

Butlerage of Wines, Signifies that Im­position upon Sale-Wine brought into the Land, which the Kings Butler, by vertue of his Office, may take of every Ship; that is, Two shillings of every Tun of Wine imported by Strangers. Anno 1 Hen. 8. cap. 5. See more in Botiler of the King, and Prisage. The Stat. 12 Car. 2. cap. 24. for taking away of Purvey­ance, Does not extend to prejudice the ancient duties of Butlerage, and Prisage of Wines, but they are to continue as before the making this Act. See Calthrops Reports of Special Cases, pag. 23. and 4 Inst. fol. 30.

Buzcarles or Buscarles (Buscarli & Buthsecarli) Sunt qui portus nauticos custodiunt: Mariners or Scamen. Quando Rex ibat in ex­peditionem vel terra vel mari, habebat de hoc Manerio aut xx sol. ad pascendos suos Buzecarl, aut unum hominem ducebat secum pro honore quinque Hidarum Domesd. tit. Wiltsc. Wilton. And Seldens Mare clausum, fol. 184. where it is written Butsecarli.

Buzones Judiciorum. Placita de temp. Johannis Regis. Gloc. 139. See Busones Comi­tatus.

Bydalle. (Anno 26 Hen. 8. cap. 6.) See Bid-ale.

Byrlaw or Laws of Burlaw (Leges Rusticorum, from the Germ. Baur, i. Rusticus, & Lauch, Lex.) Laws made by Husbandmen, con­cerning Neighborhood, to be kept among them­selves. Skene, pag. 33. See Bylaws.

C.

THe Letter C among the Ancients, denoted Condemnation. See Ignoramus.

Cablish (Cablicia) among the Writers of the Forest Laws, signifies Brush-wood, or Browse-wood. Cromp. Jurisd. fol. 163. But Sir Henry Spelman thinks, it more properly signi­fies Wind-faln-wood, because 'twas written of old Cadibulum, from cadere: or, if derived from the Fr. Chablis, it also signifies Wind-faln­wood.

Cabo bona speransa. See Cape bona espe­ranza.

Cade of Herrings, Is 500. Of Sprats 1000. Book of Rat [...]s, tol. 45. Yet I find anciently 600. made the Cade of Herring, 120 to the hun­dred.

Calandring of Worsted-stuffs (mentioned 5 Hen. 8. cap. 4. and 25 ejusdem. cap. 5.) signifies to smooth, trim, and give them a gloss; it is a Trade both in London and Nor­wich.

Calangium, Challenge, claim, or dispute. Sciant—quod ego Godefridus de Doddensull, cum assensu Amiliae uxoris meae, dedi.—Deo & Beatae Mariae & Dominis meis Priori & Con­ventui Wigorn. in pura & perpetua cl [...]emosi­na unam acram terrae—sine aliqua recla­matione seu calangiv, &c. sine dat. penes Tho­mam Chyld Arm.— Boscum, qui suit in ca­lengio inter ipsum & Walterum. Mon. Angl. 2. par. fol. 252. b.

Calcetum & Calceata, a Causey or Caus­way. See Causey.

Calends (Calendae) properly the first day of every Month, being spoken by it self, or the very day of the New Moon, which com­monly fall out together: If Pridie be pla­ced before it, then it signifies the last day of the foregoing Month, as Pridie Calend. Maii, is the last day of April: If any number be pla­ced with it, it signifies that day in the former Month, which comes so much before the Month named; as the Tenth Calends of October, is the Twentieth day of September, because, if one begin at October, and reckon backwards, that Twentieth day of September is the Tenth day before October. In March, May, July, and October, the Calends begin at the Sixteenth day, in other Moneths at the Fourteenth; which Calends must ever bear the name of the Moneth following, and be numbred backward from the First day of the said following Moneths. See more in Hoptons Concordance, pag. 69. And see Ides. Dictum de Kenelworth is dated the day before the Calends of November, Anno 1256. In the Dates of Deeds, the day of the Moneth, by Nones, Ides, or Calends, is sufficient. 2 Inst. fol. 675.

[Page] Campfight. See Champion, and 3 Instit. fol. 221.

Candlemass-day, (Sax. Candelmæsse) The Feast of the Purification of the Blessed Virgin Mary (2 Febr.) instituted in memory and honor, both of the Presentation of our Blessed Lord, and the Purification of the Blessed Virgin in the Temple of Jerusalem, the For­tieth day after her happy Child-birth, per­formed according to the Law of Moses, Levit. 12. 6. It is called Candlemass, or a Mass of Candles, because before Mass was said that day, the Church blessed, that is, deputed or set a part for sacred use, Candles for the whole year, and made a Procession with hallowed Candles in the hands of the faithful, in memory of the Divine Light, wherewith Christ illaminated the whole Church at his Presentation, when old Simeon stiled him, A light to the Revelation of the Gentiles, and the Glory of his people Israel, S. Luk. 2. 32. This Feastival-day is no day in Court, and is the Grand day of Candlemass Term in the Inns of Court.

Cantel (among the Statutes made in the Reigns of Henry the Third, Edward the First or Second, but uncertain which, set down in Poulton, fol. 110. cap. 4. & 9.— Toll shall be taken by the Rase, and not by the Heap or Cantel; which seems to signifie the same we now call the Lump; as to buy by Measure, or by the Lump.

Cantred, or rather Cantref, (Cantredus) Signifies an Hundred Villages, being a British word compounded of the Adjective Cant, i. An Hundred, and Tref, a Town or Village. In Wales the Counties are divided into Cantreds, as in England into Hundreds. The word is used Anno 28 Hen. 8. cap 3.

Capacity (capacitas) An aptness to contain or receive. Our Law allows the King two Ca­pacities, A Natural, and a Politick: In the first, He may purchase Lands to Him and His Heirs; in the later, to Him and His Successors. And a Parson hath the like.

Cape of Good Hope (Cabo de bon' speran­za) A Promontory or Elbow of Land that lies in Cafraria, a Province of Aethiopia In­ferior, and was first discovered by the Portugals, under the command of Bartholomew Diaz. He­lyns Cosmog. fol. 984. and is mentioned in the Stat. 12 Car. 2. cap. 18.

Cape (Lat.) Is a Writ Judicial touching Plea of Land or Tenements; so termed (as most Writs are) of that word, which carries the especial est intention, or end of it. And this Writ is divided into Cape Magnum and Cape Parvum: Both which (as is before said in Attachment) take hold of things immoveable, and seem to differ in these points. First, Be­cause Cape Magnum or the Grand Cape lies be­fore appearance, and (Cape Parvum) after­ward. Secondly, The (Cape Magnum) sum­mons the Tenant to answer to the Default, and over to the Demandant. Cape Parvum Summons the Tenant to answer to the Default onely; and therefore is called Cape Parvum or Petit Cape. Old Nat. Br. fol. 161, 162. Yet Ingham saith, it is called Petit Cape, not because it is of small force, but that it consists of few words.

Cape Magnum in the Old. Nat. Br. is thus defined; Where a Man hath brought a Praecipe quod Reddat of a thing that touches Plea of Land, and the Tenant makes default at the day to him given in the Original Writ, then this Writ shall go for the King, to take the Land into His hands; and if the Tenant come not at the day given him thereby, he loseth his Land, &c. A Form of this Writ, you may see in the Reg. Judicial, fol. 1. b. Of this Writ, and the Explication of its true force and effect, read Bracton, lib 3. tract. 3. cap. 1. num. 4, 5, & 6.

Cape Parvum or Petit Cape (in Old. Nat. Br. fol. 162.) Is thus defined; Where the Tenant is summoned in Plea of Land, and comes at the Summons, and his appearance is of Record; and at the day given him, prays the View, and having it granted, makes default, then shall Issue this Writ for the King, &c. The difference betwixt the Grand Cape and Petit Cape (which in effect or consequence, are alike) is, that the Grand Cape is Awarded upon the Defendant or Tenants not appearing or demanding the View in such Real Actions, where the Original Writ does not mention the parcels or particu­lars demanded: And the Petit Cape, after Ap­parence or View granted. Its Form see in Reg. Jud. fol. 2. and Fleta, lib. 6. cap. 44.

Cape ad Valentiam, Is a Species of Cape Magnum, so called of the end whereto it tends, and (in Old Nat. Br. fol. 161.) thus described. Where I am impleaded of Lands, and I vouch to warrant another, against whom the Summons Ad Warrantizandum hath been Awarded, and the Sheriff comes not at the day given; then, if the Demandant recover against me, I shall have this Writ against the Vouchee, and shall recover so much in value of the Lands of the Vouchee, if he hath so much, if not, then I shall have execution of such Lands and Tene­ments as descend to him in Fee; or, if he pur­chase afterwards, I shall have against him a Re­summons; and if he can say nothing, I shall recover the value. This Writ lies before Ap­parence. Of these, and their divers uses, see the Table of the Reg. Judicial, verbo, Cape.

Capias, is a Writ of two sorts, one before Judgment, called Capias ad Respondendum, where the Sheriff, upon Original, or other Writ in a Personal Action returns Nihil habet in Baliva nostra. The other is a Writ of Executi­on after Judgment, being also of divers kindes; as Capias ad Satisfaciendum, Capias pro Fine, Capias Utlagatum, after Judgment, &c.

Capias ad Satisfaciendum, Is a Writ of Execution after Judgment, lying where a Man recovers in an Action Personal; as for Debt, Damages, Detinue, &c. in the Kings Court: In which case, this Writ Issues to the Sheriff, commanding him to take the body of him, against whom the Debt is recovered, who shall be put in prison, till he make satisfaction.

[Page] Capias pro Fine, Is where one, being by Judgment fined to the King, upon some offence committed against a Statute, does not discharge it, according to the Judgment: By this there­fore is his body to be taken and committed to prison, until he pay the Fine. Coke, lib. 3. fol. 12. Or where, upon a Non est factum pleaded, his Plea is, by evidence or his own after-ac­knowledgment, not made out or verified, and the like.

Capias Utlagatum, Is a Writ which lies against him, who is outlawed upon any Action Personal or Criminal, by which the Sheriff apprehends the party outlawed, for not appear­ing upon the Exigend, and keeps him in safe custody till the day of return, and then pre­sents him to the Court, there farther to be or­dered for his contempt; which (if in the Com­mon Pleas) was in former times to be commit­ted to the Fleet, there to remain till he had sued out the Kings Charter of Pardon, and appeared to the Action. At present, in the Kings Bench, the Outlary cannot be reversed, unless the Defendant appear in person, and by a present of Gloves to the Judges, implore and obtain their savor to reverse it. And in the Common Pleas, the Defendant (not being an Executor or Administrator) is now to give good Bail (which he is allow'd to do by Atturny) to answer the Action, if the Debt or Damage demanded be 20 l. or above, and to pay the Plaintiffs charges, before the outlary be re­versed. And, by a special Capias Utlagatum in the same Writ, the Sheriff is commanded, and may seize all the Defendants Lands, Goods, and Chattels for the contempt to the King; and the Plaintiff may (after an Inquisition taken thereupon, and returned into the Exchequer) obtain a Lease of the Lands extended, and a grant of the Goods, whereby to compel the Defendant to appear; which, when he shall do and reverse the Utlary, are to be restored to him. See Old Nat. Br. fol. 154. and Table of Reg. Judic. verbo, Capias.

Capias in Withernamium de Averiis, Is a Writ lying for Cattle in Withernam. Reg. of Writs, fol. 82. & 83. See Withernam.

Capias in Withernamium de Homine, Is a Writ that lies for a Servant in Withernam. Reg. fol. 79. & 80. See Withernam.

Capias conductos ad proficiscendum, Is an Original Writ, which lies, by the Common Law, against any Soldier that hath covenanted to serve the King in his War, and appears not at the time and place appointed, directed to two of the Kings Serjeants at Arms to arrest, and take him wheresoever he may be found, and to bring him Coram Consilio nostro; with a Clause of Assistance, 4 Inst. fol. 128.

Capite (from Caput, i. Rex, unde tenere in Capite, i. Tenere de Rege, omnium terrarum Capite) Was a Tenure which held of the King immediately, as of his Crown, were it by Knights Service or Soccage. Broke tit. Tenures, 46, 94. Dyer, fol. 123. num. 38. But, by Stat. 12 Car. 2. cap. 24. all Tenures by Knights Ser­vice of the King, or of any other person, Knights Service in Capite, or Soccage in Capite of the King, and the Fruits and consequences thereof, are taken away and discharged from 24 Febr: 1645. And all Tenures of all Mannors, Lands, &c. held either of the King, or of any other person from that time, shall be construed and taken for ever to be turned into free and common Soccage. And all Tenures hereafter to be created by the King, upon any Gifts or Grants of Mannors, Lands, &c. are by that Statute ordained to be in free and common Soc­cage onely, and not by Knights Service, or in Capite, and are to be discharged of all Ward­ship, &c.

Caption (Captio) When a Commission is ex­ecuted, and the Commissioners names subscribed to a Certificate, declaring when and where the Commission was executed, that is called the Caption; which commonly begins thus— Virtute istius Commissionis nos, &c. Or Executio istius Commissionis patet in quadam Schedula annexata, &c

Capture (Captura) The taking a prey, a little gain; an Arrest, or Seisure. Anno 14 Car. 2. cap. 14.

Caput Baroniae, Is the Castle or cheif Seat of a Nobleman, which is not to be divided among Daughters (if there be no Son) but must de­scend to the eldest Daughter, Caeteris filiabus a­liundè satisfactis.

Carecta & Carectata, (Sax. Cret, unde Cart) A Cart, or Cart-load.— Facient preca­rias de Caruca & Carecta, i. De aratro & carro. Custumar. Prior. Lewes, M. S.—Quinque Carectatas clausturae, ad praedictae terrae clau­sturam sustinendam. Mon. Angl. 2. par. fol. 340. a.

Caretarius, A Carter. Sciant—quod ago Herewardus Pril Dedi—In liberam puram & perpetuam Eleemosinam Deo & Altari B. Mariae in Conventuali Ecclesia Leominstr. xii d annui reditus provenientes de quodam Mesuagio in Ma­risco quod fuit Ricardi Caretarii, &c. sine Dat. Ex libro Cart. Priorat. Leominstr. See Car­reta.

Cark, Is a quantity of Wool, thirty where­of make a Sarpler. Anno 27 Hen. 6. cap. 2. See Sarpler.

Carno, Seems to signifie an immunity or priviledge. Cromp. Jurisd. fol. 191. Prior de Melton se & homines suos immunes clamat ab omnibus Amerciamentis in Foresta & ab omnibus Geldis, Footgeldis, Buckstals, Tritis, Carno & Sumag. &c. Itin. Pick. fol. 168. b. Quaere.

Carpemeals, A course kinde of Cloth, made in the North of England; and mentioned Anno 7 Jac. cap. 16.

Carreta (aliàs Carrecta) Was anciently used for a Carriage, Wain or Cart-load. Sci­ant praesentes & futuri, quod ego Henricus de Ribesford Dedi—Rogero filio Ade Pistonis pro Homagio & Servicio suo totum pratum meum de Wiggemore. Reddend. inde annuatim mibi & haeredibus meis ipse & haredes sui unam Carre­tam [Page] soeni rationabilem & bene foenatam, &c. Sine dat. Penes Tho. Bridgwater gen.

Carrick or Carrack (Carrucha) A Ship of great burden; so called of the Italian word Carico or Carco, a burden or charge. Menti­oned 2 Rich. 2. cap. 4.

Cartel. See Chartel.

Carucage (Carucagium) As Hidage was a Taxation by Hides of Land; so Carucage was, by Carucata s of Land.— Dederunt S. Ed­mundo de qualibet Carucata terrae in toto Episco­patu quatuor Denarios annuos, quod usque modo, ea de causa, Carucagium est appellatum. Mon. Angl 1 par. fol. 294. a.

Carrucate or Carve of Land (Carrucata terrae, of the Fr. Charrue, i. aratrum) Is a cer­tain quantity of Land, by which the Subjects have sometimes been taxed; whereupon the Tribute so levied, was called Carvagium. Bracton, lib. 2. cap. 26. num. 8.

Carucata t [...]rrae, A Plough Land, may con­tain Houses, Mills, Pasture, Meadow, Wood, &c. Coke on Littl. Sect. 119. Carrucata is some­times also used for a Cart-load,— Una Car­rucata ligni in Foresta nostra, quae appellatur de­fensa. Mon. Angl. 2. par. fol. 311. a. Littleton, cap. Tenure in Soccage, saith that Soca idem est quod Caruca, a Soke or Plough-Land are all one. Yet Stow in his Annals, pag. 271. says, The same King Henry took Carvage, that is two Marks of Silver of every Knights Fee, towards the Marriage of His Sister Isabel to the Emperor: Where Carvage cannot be taken for a Plough-Land, except there were some other farther division, whereby to raise of every Plough-Land so much, and so consequently of every Knights Fee, that is, of every 680 Acres, two Marks of Siver. Rastal, in his Exposition of Words, says, Carvage is to be quit, if the King shall tax all the Land by Carves, that is, a priviledge, whereby a Man is exempted from Carvage. Skene says, it contains as great a Por­tion of Land as may be labored and tilled in a year and day by one Plough, which also is called Hilda or Hida terrae, a word used in the old British Laws. Lamb. in the end of his Eirenarcha translates Carrucatam terrae, a Plough-Land. The word Carve is mentioned in the Statutes of Wards and Relief, made 28 Edw. 1. And in Magna Char. cap. 5. Anno 1200 facta est Pax inter Johannem Regem Angliae & P. Regem Franciae, &c. Et mutuavit Regi Franciae 30 millia Marcarum, pro quibus collectum est Carvagium in Anglia, scil. iii s. pro quolibet aratro. Ex Registro Priorat. [...]e Dunstaple in Bibl. Cotton. See Coke on Littl. fol. 69. a.

Cassatum & Cassata, Habitaculum cum terra idonea ad unam familiam alendam; alias Casa­mentum; Saxonibus nostris ride; Bedâ, Familia.

Ego Forterus, famulus famulorum Dei, pro redemptione animae meae, unum Cassatum dedi Aldberto Abbati, quae sita est juxta fluvium Aesee, ad portam quae dicitur Bledenithe ad in­sulam parvam, & ad Ecclesiam beati Martini Confessoris in propriam substantiam. Habendum, Donandumque cuicunque voluerit. Qui hanc cartam infringere temptaverit, sciat seipsum a Communione Sanctorum separatum & ab omni­potenti Deo. + Ego Forterus consensi & sub­scripsi. Acta est autem haec donatio Anno DCC. XII. Indictione prima. Ex Reg. Glaston: Caenob. penes Rad. Sheldon Arm.

Castel (Castellum) Is well known. Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse. Every Castle contains a Man­nor, so as every Constable of a Castle, is Con­stable of a Mannor. 2 Part. Instit. fol. 31.

Castellain (Fr. Chastellain) The Lord, Owner, or Captain of a Castle, or sometimes the Constable of a Castle, or Fortified House. Bracton, lib. 5. tract. 2. cap. 16. and Lib. 2. cap. 32. num. 2. And used in like sence, 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses, though not a Castle or place of De­fence. 2 Part. Inst. fol. 31. Manwood, Part. 1. pag. 113. saith, There is an Officer of the Forest called Castellanus, who had the command of all or part of the Forest. Of the use and extent of this Officer in France, see Cotgraves Dicti­onary, verbo Chastellain.

Castelward (Castelgardum vel Wardum Castri) Is an Imposition laid upon such as dwell within a certain compass of any Castle, to­wards the maintenance of such as watch and ward the Castle. Magna Charta, cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self, which is inhabited by such as are subject to this service; As in Stows An­nals, pag. 632.—Et capere ibidem Castleward, viz. De qualibet districtione infra feodum ipsius Ducis capt. ad Castrum (de Halton) ducti & ibidem una de causa, si per solam noctem per­noctaverit, quatuor Denar. Pl. apud Cestriam, 31 Edw. 3.

Casu consimili, Is a Writ of Entry, grant­ed, where Tenant by Curtesie, or Tenant for Life, or for anothers Life, Aliens in Fee or in Tail, or for term of anothers life. And it takes name from this, that the Clerks of the Chancery did, by their common consent, frame it to the likeness of the Writ called in Casu Proviso, according to the Authority given them by the Stat. Westm. 2. cap. 24. Which (as often as there happens any new Case in Chancery, something like a former, yet not specially fitted by any Writ) authorises them to lay their Heads together, and to frame a new form, an­swerable to the new Case, and as like some former, as they may. And this Writ is granted to him in Reversion, against the party to whom the said Tenant so Aliens to his prejudice; and in the Tenants life time. The form and effect whereof, read more at large in Fitz. Nat. Br. fol. 206.

Casu Proviso, Is a Writ of Entry, given by the Statute of Glocester, cap. 7. in case where a Tenant in Dower, Aliens in Fee, or for Term of Life, or in Tail, and lies for him in Re­version against the Alienee, Fitzh. Nat. Br. fol. 205.

[Page] Catals. See Chatels.

Catallis captis nomine districtionis, Is a Writ that lies within a Borough, or within a House, for Rent going out of the same; and warrants a Man to take the Doors, Windows, or Gates, by way of Distress for the Rent. Old Nat. Br. fol 66.

Catallis Reddendis, Is a Writ which lies, where Goods, being delivered to any Man to keep till a certain day, and are not upon de­mand delivered at the day. It may be other­wise called a Writ of Delivery. See more of it in the Reg. of Writs, fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law.

Catchpol (Chachepollus & Cacepollus, quasi, One that catches by the Poll) Though now taken as a word of Contempt, yet in ancient times, it was used, without reproach, for such as we now call Sergeants of the Mace, Bailiffs, or any other that use to Arrest Men upon any Action. Anno 25 Edw. 3. Stat. 4. cap. 2.—Hospitalarii Tenent in Hereford unum Mesuagium quod Phi­lippus filius Odonis tenuit per Seriantiam Cha­chepolli, quod eis legavit in puram eleemosynam. Rot. de Seriantiis in Heref. temp. Hen. 3. in custod. Camerar. Scaccarii.

Cathedral. See Church.

Cathedratick (Cathedraticum) Is a Sum of 2 s. pa [...]d to the Bishop by the Inferior Clergy, In Argumentum subjectionis & ob honorem Cathe­drae. See Hist. of Procurations and Synodals, pag 82.

Caulceis (Anno 6 Hen. 6. cap. 5.) Cau­cies, (1 Edw. 4. 1.) I think it should be writ­ten Causways from the old French word Cauz, now Caillon, a Flint, and is well known to sig­nifie ways pitched with Flint, or other Stone; in Lat. Calceta—pro ponte & calceto reparand. Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya, Casea, and Calsetum, in old Records.

Caursines (Caursini) Were Italians by Birth, and came into England about the year 1235, terming themselves the Popes Merchants, driving no other trade then letting out Money, and had great Banks thereof in England, and differed little from Jews, save that they were rather more merciless to their Debtors. Some will have them called Caursines, quasi, Causa ursini, Bearish and cruel in their Causes; others Caursini, quasi, Corrasini, from scraping all together. The theu Bishop of London excommu­nicated them. See Matth. Paris, p. 403.

Causam nobis significes, Is a Writ di­rected to a Major of a City, or Town, &c. who was formerly by the Kings Writ, com­manded to give seifin to the Kings Grantee of any Lands or Tenements, and delays to do it, willing him to shew cause, why he so delays the performance of his duty. Coke, lib. 4. Casu, Communaltie des Sadlers, fol. 55. b.

Causa Matrimonii Praelocuti, Is a Writ, which lies in case where a Woman gives Lands to a Man in Fee, to the intent he shall marry her, and refuseth to do it in reasonable time, being thereunto required. The form and fur­ther use of it, see in Reg. of Writs, fol. 233. and Fitz. Nat. Br. fol. 205.

Cautione admittenda, Is a Writ that lies against a Bishop, holding an excommuni­cate person in prison for his contempt, not­withstanding he offers sufficient Caution or Assurance to obey the Orders and Command­ments of Holy Church from thenceforth. The form and further effect whereof, see in Reg. of Writs, pag. 66. and Fitz. Nat. Br. fol. 63.

Caya, A Key, or Water-lock; from the Sax. Cæg. See Kay.

Ceapgild (Sax. Ceap, pecus & gild, so­lutio) Pecudis seu catalli restitutio.

Cellerarius alias Cellarius, Officialis est in Monasterio qui fratrum stipendia servat & ad­ministrat. M. S.

Century. See Hundred.

Cepi Corpus, Is a Return made by the Sheriff, upon a Capias or other Process for the like purpose, that he hath taken the Body of the party. Fitz. Nat. Br. fol. 26.

Cerage (Ceragium) See Waxshot.

Cert Money (quasi, Certain Money) Head­money or Common Fine, paid yearly by the Resiants of several Mannors to the Lords thereof, Pro certo Letae, for the certain keep­ing of the Leet, and sometimes to the Hundred. As the Mannor of Hook, in Dorsetshire, pays Cert-money to the Hundred of Egerdon. This in ancient Records is called Certum Letae. See Common Fine.

Certificat (Lat.) Is used for a Writing made in any Court to give notice to another Court of any thing done therein. For example, a Certificat of the cause of Attaint is a Tran­script made briefly by the Clerk of the Crown, Clerks of the Peace, or of Assise, to the Court of Kings Bench, containing the Tenor and Effect of every Indictment, Outlary, or Conviction, or Clerk attainted, made or pronounced in any other Court, Anno 34 H. 8. cap. 14. Broke, fol. 119.

Certification of Assise of Novel Disseisin, &c. (Certificatio Assisae novae Disseisinae, &c. (Is a Writ granted for the reexamining or review of a matter passed by Assise before any Justices. Of which see Reg. of Writs, f. 200. And the New Book of Entries, verbo, Certificat of Assise. This is used, when a Man (appearing by his Bailiff to an Assise brought by another, hath lost the day; and having something more to plead for himself, as a Deed of Release, &c. which the Bailiff did not, or might not plead for him) desires a far­ther examination of the cause, either before the same Justices, or others; and obtains Let­ters Patent to them to that effect. (The Form of which Letters, see in Fitz. Nat. Br. fol. 181.) and that done, brings a Writ to the Sheriff, to call, both the party for whom the Assise passed, and the Jury that was empaneld on the same, before the said Justices at a certain day and place. And it is called a Certificat, because therein mention is made to the Sheriff, that upon the parties complaint of the Defective [Page] Examination, or Doubts yet remaining upon the Assise pa [...]sed, the King hath directed His Letters Patent to the Justices, for the better certifying themselves, whether all Points of the said Assise were duly examined. Of this read Bracton, lib. 4. cap. 19. num. 4. and Horns Mirror, lib. 3.

Certificando de recognitione Stapulae, Is a Writ directed to the Major of the Staple, &c. commanding him to certifie the Lord Chancellor of a Statute Staple taken before him, in case where the party himself detains it, and re [...]use h [...] bring it in. Reg. of Writs, fol. 152. b. The like may be understood of Cer­tificando de Statuto Mercatorio, fol. 148. And De Certificando in Cancellariam de Inquisitione de Idemptitate nominis, fol. 195. And Certificando quando Recognitio, &c. And Certificando quid actum est de brevi super Statutum Mercatorium, fol. 151. And Certificando si loquela Warrantiae, fol. 13

Certiorari, Is a Writ, issuing out of the Chancery to an Inferior Court, to call up the Records of a Cause there depending, that con­scionable Justice may be done therein, upon complaint made by Bill, that the party, who seeks the said Writ, hath received hard deal­ing in the said Court. See the divers Forms and Uses of it in Fitz. Nat. Br. fol. 242. As also the Register, both Original and Judicial in the Ta­bles, verbo, Certiorari. Crompton, in his Justice of Peace, fol. 117. says, This Writ is either returnable in the Kings Bench, and then hath these words (Nobis mittatis) or in the Chancery, and then hath in Cancellaria nostra, or in the Common Bench, and then, Justiciariis nostris de Banco.

Cessavit, Is a Writ that lies in divers Cases, as appears by Fitz. Nat. Br. fol. 280. Upon this general ground, i. That he against whom it is brought, hath for two years neglected to per­form such Service, or to pay such Rent, as he is tied to by his tenure, and hath not upon his Land or Tenements sufficient Goods or Cattle to be distrained. See Fleta, lib. 5. cap. 34. sect. visa sunt. See Cessavit de Cantaria. Cessavit de feodi firma. Cessavit per biennium, in Reg. of Writs, fol. 237, 238. And New Book of Entries, verbo, Cessavit. It lies not, but for Annual Ser­vice, as [...]eat, and such like, not for Homage or Fealty.

Cesses (Anno 22 Hen. 8. cap. 3.) Seems to signifie Assessments or Taxes. Cesse or Ceasse in Ireland, is an exaction of Provision of Victu­als at a certain rate for the Deputies Family, and the Soldiers in Garison. Sir Rich. Bakers Chron. fol. 376.

Cession (Cessio) A ceasing, yielding up or giving over. Si un Farson ou Dean en Angli­terre prist un Evesquery en Ireland, ceo fait le primier Esglise void per Cession. Latches Rep. fol. 234.— Ratione vacationis Prioratus praedicti, per Cessionem Fratris Rogeri de Wellington, ulti­mi Prioris, &c. Claus. 13 Edw. 3. pag. 1. m. 38.

Cessor (Lat.) A loyterer or idle fellow; but we use it for him who ceaseth, or neglects so long to perform a duty belonging to him, as he thereby incurs the danger of Law, and is liable to have the Writ Cessavit brought against him. Old Nat. Br. fol. 136. And note where it is said The Tenant cesseth, without any more words, is to be understood, that the Tenant ceaseth to do what he ought, or is bound to do by the Tenure of his Lands or Tenement.

Cessure or Cesser, Is also used for a ceas­ing; giving over, or departing from. Westm. 2. cap. 41.

Cestui qui vie (in true French, Cestui a vie de qui) Is he for whose life any Land or Tenement is granted. Perkins, tit. Grants, 97.

Cestui que use (an Abstract of the Fr. Cestui al use de qui) Is an usual phrase, signi­fying him to whose use any other Man is en­feoffed in any Lands or Tenements. See the New Book of Entries, verbo, Uses. And in Re­plevin, fol. 508. colum. 3. and, verbo, Trespass, fol. 606. and fol. 123. a, b. col. 3. num. 7. Anno 1 Rich. 3. cap. 1. and Coke, lib. 1. fol. 133. Anno 12 Car. 2. cap. 30.

Cestui qui trust, Is he who hath a trust in Lands or Tenements committed to him for the benefit of another. Anno 12 Car. 2. cap. 30.

Chafewax, Is an Officer in Chancery, that fits the Wax for the Sealing of the Writs, and such other Instruments as are there made to be issued out. So in France, Calefactores cerae sunt, qui regiis literis in Cancellaria ceram imprimunt. Corasius.

Chaffers (Anno 3 Edw. 4. cap. 4.) Seem to signifie Wares or Merchandize; for Chaffering is yet used for buying and selling.

Chaldron or Chalder of Coals, Con­tains Thirty six Bushels heape up, and accord­ing to the Bushel sealed for that purpose at Guildhal in London. Annis 16 & 17 Car. 2. cap. 2. It is written Chawdren, Anno 9 Hen. 5. cap. 10. perhaps from the Fr. Chaud, i. hot.

Challenge (from the Fr. Chalenger, i. sibi asserere) Is used for an Exception taken, either against persons or things; Persons, as, in Assise, to the Jurors, any one, or more of them; or in case of Felony, by the Prisoner at the Bar, Bracton, lib. 2. tract. 2. cap. 22. Things, as against a Declaration. Old Nat. Br. fol. 76.

Challenge to the Jurors, Is either made to the Array, or to the Polls: To the Array is, when the whole number is excepted against, as partially empanelled: To, or by the Poll, is when some one or more are excepted against, as not indifferrnt. Challenge to the Jurors, is also divided into Challenge Principal, and Challenge per Cause, i. Upon Cause or Reason. Challenge Principal, otherwise called Peremp­tory, is that which the Law allows without cause alleaged, or further examination. Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar, arraigned upon Felony, may peremptorily Challenge 20, one after another, of the Jury empanelled upon him, alleaging no cause, but his own dislike, [Page] and they shall be still put off, and new taken in their places. But in case of High Treason, no Challenge Peremptory is allowed. Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal, and Challenge Pe­remptory; this being used onely in matters cri­minal, and barely without cause alleaged, more then the prisoners own fancy. Stams. Pl. Cor. fol. 124. That, in civil actions for the most part, and with assigning some such cause of Excep­tion, as, being found true, the Law allows. For example, if either party alleage, That one of the Jurors is the Son, Brother, Cosin, or Tenant to the other, or married his Daugh­ter; this Exception is good (if true) without further examination of the parties credit. How far this Challenge upon Kinred extends, see in Plowden, Casu Vernon, fol. 425.

Also in the Plea of the Death of a Man, and in every Real Action, and in every Action Per­sonal, where the Debt or Damages amount to forty Marks, it is a good Challenge to any Juror, that he cannot dispend 40 [...] per annum of Freehold, Anno 11 Hen. 7. cap. 21. The ground of this Challenge, you may see in Fleta, lib. 4. cap. 8. Challenge upon Reason or Cause, is, when the party does alleage some such Excepti­on against one, or more of the Jurors, as is not forthwith sufficient, upon acknowledgment of the truth of it, but rather arbitrable and considerable by the rest of the Jurors; as, if the Son of the Juror have married the Daugh­ter of the adverse party. Kitchin, fol. 92. where you may read, what Challenges are commonly accounted Principal, and what not. See the New Book of Entries, on this word Challenge; which was anciently Latined by Calumnia, as appears by Bracton, lib. 3. tract. 2. cap. 18. See Coke on Littl. fol. 156, 157, &c. and Calangium.

Chamberdekins or Chaumberdakins, Were certain Irish begging Priests, banished England. Anno 1 Hen. 5 cap. 7, 8.

Chamberer, Is used for a Chamber-maid. Anno 33 Hen. 8. cap. 21.

Chamberlain (Camerarius) Is diversly used in our Chronicles, Laws, and Statutes; as Lord Great Chamberlain of England, Lord Chamberlain of the Kings House; the Kings Chamberlain (Anno 13 Edw. 3. cap. 41.—17 Rich. 2. cap. 6.) to whose Office it especially appertains to look to the Kings Chambers and Wardrobe, and to govern the under Officers belonging thereto. Fleta, lib. 2. cap. 6, 7. Cham­berlain of any of the Kings Courts, 7 Edw 6. cap. 1. Chamberlain of the Exchequer, 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales. Stow, pag. 641. Chamberlain of Chester, and Chamberlain of the City of Lon­don. Crompt. Jurisd. fol. 7. To which Chamber­lainships of London and Chester, do belong the receiving all Rents and Revenue appertain­ing to those Cities; and to the Chamberlain of Chester, (when there is no Prince of Wales, and Earl of Chester) the receiving and return of all Writs coming thither out of any of the Kings Courts.

There are two Officers of this name in the Exchequer, who keep a Controlment of the Pells of Receipt and [...]xitus, and certain Keys of the Treasure and Records, and the Keys of the Treasury, where the Leagues of the Kings Predecessors, and divers ancient Books, as Domesday, and the Black Book of the Exchequer remain. This Officer is mentioned in the Sta­tute 34 & 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer, which see in Under Chamberlain. The Latin word seems to express the Function of this Officer; For Camerarius dicitur a Camera (i. Testudine sivè fornice) quia custodit pecunias, quae in Ca­meris praecipuè reservantur.

Champarti (from the Fr. Champ, a Field and Parli, divided; because the Field or Land in question, is commonly divided between the Champartor, who maintains the sute, and the person in whose name and right he sues) Sig­nifies a Maintenance of any Man in his sute, upon condition to have part of the thing (be it Land or Goods) when it is recovered. This seems to have been an ancient grievance in our Nation; for nowithstanding the several Sta­tutes of 3 Edw. 1. cap. 25.—13 Edw. 1. c. 49.—28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 & 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them; yet 4 Edw. 3. cap. 11. it was again Enacted, That whereas a former Statute pro­vided Redress for this in the Kings Bench onely (which in those days followed the Court) from thenceforth it should be lawful for Justices of the Common Pleas, and Justices of Assise, in their Sessions, to enquire, hear, and determine this, and such like Cases, as well at Sute of the King, as of the Party. How far this Writ extends, and the divers Forms of it applied to several Cases, see Fitz. Nat. Br. fol. 171. Reg. of Writs, fol. 183. And New Book of Entries, verbo, Champarti. Every Champarti implies a Maintenance, Crompt. Jurisd. fol. 39. See also 2 Part. Inst. fol. 208.

Champartors, Be they, who move Pleas or Sutes, or cause them to be moved, either by their own procurement, or by others. and sue them at their proper costs, to have part of the Land in variance, or part of the gains. Anno 33 Edw. 1. Stat. 2. in fine.

Champion (campio) Is taken not onely for him, that fights the Combat in his own case, but for him also that does it in the place or quarrel of another. Bracton, lib. 3. tract. 2. cap. 21. num. 24. who also seems to use this word for such as held of another by some service; as, Campi­ones faciunt Homagium Domiuo suo, lib. 2. cap. 35. Hottoman de verbis feudalibus, Defines it thus, Campio est Certator pro alio datus in duello, a Campo dictus, qui circus erat decertantibus de­finitus. And therefore it is called Campfight. See Combate, and Sir Edward Bishes Notes upon Upton, where fol. 36. you will finde that Henricus de Fernbureg, for thirty Marks Fee, [Page] did by a Charter under his Seal, Covenant to be Champion for Roger, Abbot of Glastonbury. Anno 42 Hen 3. see 3 Inst. fol. 221.

Champion of the King (Campio Regis) Whose Office is, at the Coronation of our Kings, to ride into Westminster Hall armed Cap [...]a [...]pe, when the King is at dinner there, and throw down his Gantlet by way of Challenge, pronounced by a Herauld; That if any Man shall deny or gain-say the Kings title to the Crown, he is there ready to defend it in sin­gle Combat, &c. Which being done, the King drinks to him, and sends him a gilt Cup with a Cover full of Wine, which the Champion drinks, and hath the Cup for his Fee.

This Office (ever since the Coronation of King Richard the Second, when Baldwin Fre­vile exhibited his Petition for it) was adjudged from him to Sir John Dymock, his Competitor (both claiming from Marmion) as producing better Records and Evidence; and hath con­tinued ever since in the worthy family of Dy­mock, who hold the Mannor of Scrivelsby in Lincolnshire, hereditarily from the Marmions, by Grand Sergeanty, viz. That the Lord thereof shall be the Kings Champion, as above­said. Camd. in part. Fin. Mich. 1 Hen. 6. Ac­cordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty, King Charles the Second, 23 April. 1661.

Chancellor (Cancellarius) This Officer in late times is greatly advanced, not onely in our, but in other Kingdoms: For he is the chief Administrator of Justice, next to the Soveraign. All other Justices in this Kingdom are tied to the Law, and may not swerve from it in Judgment; but the Chancellor hath the Kings absolute power to moderate the Written Law, governing his Judgment by the Law of Nature and Conscience, and ordering all things juxta aequum & bonum. Wherefore Stanford (in his Praerog. cap. 20. fol. 65.) says, The Chan­cellor hath two powers, one absolute, the other ordinary; meaning, that, though by his ordi­nary power in some cases, he must observe the form of proceeding, as other Inferior Judges, yet in his absolute power, he is not limitted by the Written Law, but by Conscience and E­quity, according the Circumstances of Matter. And though Polydor Virgil, an alien, under­taking to write the History of England, sup­posed he did not mistake, when he makes our William the Conqueror, the Founder of our Chancellors; yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England, long before that time, which are mentioned in his Origines Juridiciales, and Catalogue of Chancellors, whose great Authorities under their Kings, were in all probability drawn from the reasonable Cu­stoms of Neighbor Nations, and the Civil Law.

He that bears this Magistracy, is called The Lord Chancellor of England, and is made so Per traditionem magni Sigilli sibi per Dominum Regem, and by taking his Oath. And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper, have one and the same Power; and therefore since that Statute, there cannot be a Lord Chancellor, and Lord Keeper, at one and the same time, but before there might, and hath been. Yet see Keeper See Fleta, lib. 2. cap. 12, 13. and Cokes 4 Instit. fol. 78, 79. Di­vers Inferior Officers are also called Chancellors, As

Chancellor of the Exchequer (Anno 25 Hen 8. cap. 16.) Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer: He sits in the Court, and in the Exchequer Chamber, and with the rest of the Court, orders things to the Kings best benefit. He is always in Com­mission with the Lord Treasurer, for letting the Lands that came to the Crown by the disso­lution of Abbeys, or otherwise; and hath by the Statute of 33 Hen. 8. cap. 39. power with others, to compound for the Forfeitures upon Penal Statutes, Bonds, and Recognizances, entred unto the King: He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue, and concerning the First Fruits, as appears by the Acts for uniting them to the Crown.

Chancellor of the Dutchy of Lancaster, (Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem, cap. 26.) Whose Office is principal in that Court, to judge and determine all Controversies between the King, and His Tenants of the Dutchy-Land, and otherwise to direct all the Kings Af­fairs belonging to that Court.

Chancellor of the Order of the Garter. Stows Annals, pag. 706. Chancellor of the Universi­ties, Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmenta­tions, 27 Hen. 8. cap. 27.—32 Ejusdem, cap. 20. & 33 Ejusdem, cap. 39. Chancellor of the First Fruits. 32 Hen. 8. cap. 45. Chancellor of Courts. 32 Hen. 8. cap. 28. Chancellor of the Diocess, 32 Hen. 8. cap. 15, &c.

Chance medley (from the Fr. Chance, i. Lapsus and Mesler, i. Miscere) Signifies the casual slaughter of a Man, not altogether with­out the fault of the slayer. Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure. West calls it Homicide mixt (Part. 2. Symbol. tit. Indictments, Sect. 5.) and there defines it thus; Homicide mixt is, when the Killers ignorance or negligence is joyned with the Chance; As if a Man lop Trees by a Highway side, by which many usually travel, and cast down a bough, not giving warning to beware of it, by which bough one passing by, is by chance slain. In this case he offends, because he gave no warn­ing, that the party nigh have taken better heed. See Skene, verbo, Melletum, who says this is called Chaudmelle in Scotland.

Chancery (Cancellaria) Is the Grand Court of Equity and Conscience, moderating the rigor of other Courts most strictly tied to the Letter of the Law, whereof the Lord Chan­cellor of England, is the chief Judge. Crompt. Jurisd. fol. 41. or else the Lord Keeper of the [Page] Great Seal, since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court, are the Lord Chancellor or Keeper of the Great Seal, who is sole Judge here; the Master of the Rolls, (anciently called Gardein des Rolls) who in the Lord Chancellors absence, heareth Causes and gives Orders, 4 Instit. fol. 97. Twelve Masters of the Chancery, who are Assistants, and sit by turns on the Bench; the Six Clerks, who have each of them about Fifteen Clerks under them, in nature of Atturneys in the Court; Two chief Examiners, who have five or six Clerks a piece; One chief Register, who hath usually four or five Deputies. The Clerk of the Crown, the Warden of the Fleet, the Usher, Sergeant at Arms, and Crier of the Court; the Cursiters and their Clerks; the Clerks of the Petty-Bag; the Clerk of the Hanaper, the Comptroller of the Hanaper; the Clerk of Appeals; the Clerk of the Facul­ties; the Scaler, the Chafe-Wax; the Clerk of the Patents, Clerk of Presentations, Clerk of Dismissions, Clerk of Licences to alienate, Clerks of the Enrolments, Clerks of the Pro­tections, Clerk of the Subpenas, Clerk of the Affidavits, &c. which see described in their several places. See Cokes 4 Inst. fol. 82.

Changer, Is an Officer belonging to the Kings Mint, whose Function cheifly consists, in exchanging Coyn for Bullion, brought in by Merchants, or others. Anno 2 Hen. 6. cap. 12. where it is written (after the old way) Chaun­geour.

Chantry. See Chauntry.

Chapel (Capella) Fr. Chapelle, i. aedicula) Is of two sorts, either adjoyning to a Church, as parcel of it, which persons of quality build, Ut ibidem familiaria Sepulchra sibi con­stituant; or else separate from the Mother Church, where the Parish is wide, and is com­monly called a Chappel of Ease; because it is built for the ease of one or more Parishioners that dwell far from the Church, and is served by some Inferior Curate, provided at the charge of the Rector, or of him that hath benefit by it, as the Composition or Custom is.

There is also a Free Chappel, which seems to be such as hath perpetual maintenance towards the upholding it, and the Curates stipend, by some Lands or Rents charitably bestowed on it, without the charge of the Rector or Parish. Anno 37 Hen. 8. cap. 4. Anno 1 Edw. 6. cap. 14.

Chapelry (Capellania) Is the same thing to a Chappel, as Parish is to a Church, i. The Precinct and Limits of it. Mentioned in the Stat. 14 Car. 2. cap. 9.—Capellania Sancti Oswaldi, Mich. 32 Edw. 1. Coram Rege, Glouc.

Chaperon (Fr.) A Hood or Bonnet, men­tioned in the Stat. 1 Rich. 2. 17. And among Heraulds, it is that little Escocheon, which is fixed in the forehead of the Horses that draw the Herse at a Funeral.

Chapiters (Lat. Capitula, Fr. Chapiters, i. The Chapters of a Book) Signifies a Sum­mary or Content of such Matters as are to be enquired of, or presented before Justices in Eyr, Justices of Assize, or of Peace in their Sessions. This it is used Anno 3 Edw. 1. cap. 27.— And that no Clerk of any Justice, Escheator, or Commissioner in Eyr, shall take any thing for delivering Chapters, but onely Clerks of Justices in their Circuits. And again, Anno 13 Ejusdem, cap. 10.— The Sheriff shall certifie the Chapiters before the Justices in Eyr, how many Writs he hath, and what. &c. Britton (cap. 3.) useth the word in the same signification. Chapiters are now most usually called Articles, and are delivered by the Mouth of the Justice in his Charge, to the Enquest; whereas in ancient time (as appears by Bracton and Britton) they were (after an Exhortation given by the Justi­ces for the good observation of the Laws, and Kings peace) first read distinctly in open Court, and then delivered in writing to the Grand Enquest, which the Grand Jury or Enquest were likewise to answer upon their Oaths, Af­firmatively or Negatively, and, not as they do now, put the Judges to make long and learned Charges to little, or no purpose, and forswear­ing or wilfully not remembring their Know­ledge of Transgressors, against the Design and Enquiry of those Articles, do think their Oaths and Duty to God and the King, and their Countrey, well enough satisfied and performed, if they onely present those few, of many more, Misdemeanors, which are brought unto them by way of Indictments. The same Order of Articles, Lambert wishes might still be obser­ved. Eiren. lib. 4. cap. 4. pag. 393. Horn (in his Mirror of Justices) calls them Articles, and expresses what they were wont to contain. Lib. 3. cap. Des Articles in Eyr.

Chaplain or Chapellain (Capellanus) Is now most commonly taken for him, who is de­pending on the King, or other Noble person, to instruct him and his family in Spirituals, and say Divine Service in his house, where com­monly they have a private Chappel for that purpose. As Anno 21 Hen. 8. cap. 13. which ordains what person may priviledge one or more Chaplains to discontinue from their Be­nefices, in respect of their particular ser­vice.

Chapter (Capitulum) Signifies Congre­gationem Clericorum in Ecclesia Cathedrali, Conventuali, regulari vel Collegiata, and in another sence, Locum in quo siunt communes tractatus Collegiatorum. It hath other signifi­cations, not worth mentioning here, which you may read in Linwoods Provin. Gloss. verbo, Capitulum. This Collegiat Company or Cor­poration, is Metaphorically termed Capitulum, (signifying originally a little Head) it being a kinde of Head, not onely to rule and govern the Diocess, in the Vacation of the Bishoprick, but also in many things to advise the Bishop, when the See is full. See Panormitan, in cap. Capitulum extra de rescriptis.—Ad Dedica­tiones, ad Synodos, ad Capituia vonientibus [Page] Sit summa Pax. LL. Edwardi Confess. cap. 3.

Charre of Lead. La Charre de plumbo con­stat ex 30 forme [...]s, & quaelibet formella con­tinet 6 Petras, exceptis duabus libris, & quae­libet Petra constat ex 12 libris. Assisa de pon­deribus Rob. 3 R. Scot. cap. 22. sect. 2.

Chart (Charta) Paper, Parchment, or any thing to write on; also a Card, mentioned 14 Car. 2. cap. 33. See Charter.

Chartel (Fr. Cartel) A Letter of Defiance, or a Challenge to a (single) Combat: In use when those Combats were in practise, to decide difficult, and not otherwise to be determined Controversies in Law.

Charter (Charta, Fr. Chartres, i. Instru­menta) Is usually taken for written Evidence of things done between Man and Man. Where­of Bracton, lib. 2. cap. 26. num. 1. says thus, Fiunt aliquando Donationes in scriptis, sicut in chartis, ad perpetuam rei memoriam, propter brevem hominum vitam—And (Num. 12.) & sciendum quod Chartarum alia regia, alia pri­vatorum; & regiarum, alia privata, alia com­munis, & alia universalis. Item, privatorum alia de puro Feoffamento & simplici, alia de Fe­offamento conditionali sive conventionali, & se­cundùm omnia genera Feoffamentorum fieri potest. Item privatorum alia de recognitione pura vel conditionali. Item alia de quiete clamantia, & de confirmatione, &c. Britton likewise in his 39 Chapter, divides Charters into those of the King, and those of private persons.

Charters of the King, are those whereby the King passeth any Grant to any person or more, or to any Body Politick; as a Charter of Ex­emption, that a Man shall not be empanel'd upon any Jury. Kitchin, fol. 314. and 177.

Charter of Pardon, whereby a Man is for­given a Felony, or other offence committed against the Kings Crown and Dignity. Brook, tit. Charter of Pardon.

Charter of the Forest, wherein the Laws of the Forest are comprised. Anno 9 Hen. 3. Cromp. Jurisd. fol. 147. Pupilla oculi. par. 5. cap. 22 Manwood, pag. 1. fol. 1. Where he sets down the Charters of Canutus, and fol. 17. that which was made 19 Hen. 3. with the Charter of the Forest. Of these Charters you have al­so a long discourse in Fleta, lib. 3. cap 14. Who particularly expounds every substantial part of a Deed of Gift. See Magna Charta.

Charter-land (terra per Chartam) Is such as a Man holds by Charter, that is by evidence in writing, otherwise called Freehold. Anno 19 Hen. 7. cap. 13. and Kitchin, fol. 86. This in the Saxons time was called Bocland, which was held (according to Lambert in his Explication of those words, Verbo, Terra ex scripto) with more commodious and easier conditions, then Folkland was; that is, Land held without wri­ting; because that was Haereditaria libera atque immunis; whereas, Fundus sine scripto censum pensitabat annuum, atque officiorum quadam ser­vitute est obligatus; Priorem viri plerumque no­biles atque ingenui, posteriorem rustici ferè & pagani possidebant. Illam nos vulgò Freehold & per Chartam; hanc ad voluntatem Domini appellamus. Thus Lambert.

Charter-party (Lat. Charta partita, Fr. Chartre-parti, i. A Deed or Writing divided) Is that among Merchants and Sea- [...]aring men, which we commonly call a Pair of Indentures, containing the Covenants and Agreements made between them, touching their Merchandise and Maritime Affairs. Anno 32 Hen. 8. cap. 14. and 12 Car. 2. cap. 18. Latches Rep. fol. 225. Ballo's Case, and 2 Inst. fol. 673.

Chartis Reddendis, Is a Writ which lies against him that hath Charters of Feo [...]ment en­trusted to his keeping, and refuseth to deliver them. Old Nat. Br. fol. 66. Reg. of Writs, fol. 159.

Chase, (Fr. Chasse) Signifies two things: First, a driving Cattle to, or from any place; as to chase a Distress to a Fortlet. Old Nat. Br. fol. 45. Secondly, it is a place of Receipt for Deer, and Wilde Beasts, of a middle nature between a Forest and a Park, being commonly less then a Forest, and not endued with so many Liberties, as the Courts of Attachment, Swain-mote, and Justice-seat; and yet of a larger compass, and stored with greater diver­sity, both of Keepers and Wilde Beasts, or Game, then a Park. Crompton in his Jurisd. fol. 148. says, A Forest cannot be in the hands of a Subject, but it forthwith loseth its name, and becomes a Chase; and yet fol. 197. he says, A Subject may be Lord and owner of a Forest, which though it seems a contradiction, yet both sayings are in some sort true. For the King may give or alienate a Forest to a Subject, yet so, as, when it is once in the Subject, it loseth the true property of a Forest; because the Courts called the Justice-seat, Swain-mote, and Attachment, do forthwith vanish; none being able to make a Lord Chief Justice in Fyr of the Forest, but the King; as Manwood well observes Par. 2. cap. 3. & 4. Yet it may be grant­ed in so large a manner, as there may be At­tachment, Swain-mote, and a Court equivalent to a Justice Seat, as appears by him in the same Chapter, num. 3. So that a Chase differs from a Forest in this, because it may be in the hands of a Subject, which a Forest, in his proper and true nature, cannot; and from a Park, in that it is not enclosed, and hath not onely a larger compass, and more variety of Game; but of Keepers also, and Officers. See For­est.

Chattels or Catals (Catallia alias Capi­talia) Comprehend all Goods moveable and immoveable, except such as are in nature of Freehold, or parcel of it, as may be collected out of Stamf. Praerog. cap. 16. and Anno 1 E­liz. cap. 2. Yet Kitchin, fol. 32. says, That Money is not to be accounted Goods or Chat­tels, because it is not of it self valuable; nor Hawks and Hounds, for they are Ferae naturae. Chattels are either personal or real. Personal, may be so called in two respects: One, because they belong immediately to the person of a [Page] Man, as a Bow, Horse, &c. The other, for that being any way injuriously withheld from us, we have no means to recover them, but Personal Actions. Chattels real, are such as either appertain not immediately to the person, but to some other thing, by way of dependency, as a Box with Charters of Land, Apples upon a Tree, or a Tree it self growing on the Ground. Cromp. Just. of Peace, fol. 33. or else such as are issuing out of some immoveable thing to a person, as a Lease or Rent for term of years. See Bracton, lib. 3. cap. 3 num. 3. & 4. Chattels are bona quaecunque mobilia & im­mobilia; propriè tamen ea bonorum pars, quae in animalibus consistit, a quorum capitibus, res ipsae alias capita alias capitalia dicta sunt. Spelman.

Chaumpert.— Et quod tam praedictae xx. virgatae terrae, quam terrae, unde dicta quater­viginti quarteria srumenti annua proveniunt, de nobis in Capite, per servitium, vocatum Chaum­pert, viz. Undecimae garbae, nobis per manus tenentium to [...]rarum earundem, annuatim sol­vendae, tenentur. Pat. 35 Edw. 3. pag. 2. m. 18. Hospital. de Bowes infra Insulam de Gernesey.

Chaunce-medley. See Chance-medley.

Chaunter (Cantator) A Singer in the Quire. Anno 13 Eliz. cap. 10. At S. Davids in Pem­brokeshire, the Chaunter is next to the Bishop, for there is no Dean. Cam Britan.

Chauntry (Cantaria) Aedes sacra; ideo instituta & dotata praediis, ut Missa ibidem can­taretur pro anima fundatoris & propinquorum ejus. These were usually little Chappels or particular Altars in some Cathedral or Paro­chial Church, and endowed with Lands, or other Revenue, for the maintenance of one or more Priests, to officiate as abovesaid. Men­tioned 37 Hen. 8. cap. 4.—1 Edw. 6. c. 14. & 15 Car. 2. cap. 9. Of these Chantries, there were forty seven belonging to S. Pauls Church in London; for which, see Mr. Dugdales History of that Church.

Sciant—quod ego Reginaldus Suard dedi—Willielmo Crumpe Capellano Cantariae beatae Mariae de Yarpol unam parcellam pasturae, &c. Dat. apud Leominstre die Martis prox. post Festum Sancti Hillarii, Anno 7 Hen. 5.

Chawdren of Sea-Coals. Anno 9 Hen. 5. cap. 10. See Chaldron.

Check-Roll, Is a Roll or Book, contain­ing the names of such as are attendants, and in pay to the King, or other great persons, as their Houshold-servants. Anno 19 Car. 2. cap. 1. It is otherwise called the Checquer Roll, Anno 24 Hen. 8. cap. 13. Anno 3 Hen. 7. cap. 13. And seems to be a word abstracted, or derived from the Exchequer, which vide. Clerk of the Check, see in Clerk

Chemin. See Chimin.

Chensers (Anno 27 H. 8. cap. 7.) Quaere If not such as paid tribute or Cense; Quit-rent, or Cheif Rent; For so the Fr. Censier signifies.

Cherset. See Churchesset.

Chevage (Chevagium, from the Fr. chef, i. caput) Signifies a Tribute, or sum of Money formerly paid by such as held Lands in Villan­age or otherwise, to their Lords in acknow­ledgment; and was a kinde of Head, or Poll-Money. Whereof Bracton, lib. 1. cap. 10. says thus, Chevagium dicitur recognitio in sig num sub­jectionis & Dominii de capite suo. It seems also to be used for a sum of Money, yearly given to a Man of power, for his Countenance and Protection, as to their cheif Head or Leader. Lambert (lib. 2. cap. 5. Eirenarch.) writes it Chivage; we now call it Chiefage. Est & apud Wallos Chevagii genus quod Amabr vocant, Principi Walliae pro maritandis filiabus, olim ab omnibus (ut asserunt) hodie a quibusdam (etiam liberis) persolutum, says Spelman on the word Chevagium. See Coke on Littl. fol. 140.

Chevisance (Fr. Chevissance) An Agree­ment or Composition made; an End or Order set down between a Creditor and a Debtor; sometimes taken for an indirect gain or booty. Lo. Verulam in his Hen. 7. But in our Statutes it is most commonly used for an unlawful Bargain or Contract. As 37 Hen. 8. cap. 9. 13 Eliz: c. 5. and 8 & 12 Car. 2. cap. 13.

Chevitiae & Chevisc [...], Hades at the end of Ploughed Lands.— Novem acras terrae cum Cheviscis ad ipsas pertinentibus. Mon. Angl 2 par. fol 116.

Chief. See Capite.

Chiefage. See Chevage.

Chief Pledge (Plegius vel vas capitalis) Anno 20 Hen. 6. cap. 8. See Borowhead.

Childwit (Sax.) Signifies a power to take a Fine of a Bond-woman, unlawfully begotten with childe. Prior habeat Gersumam de Nativa sua impraegnata sine licentia maritandi. Ex Re­gistro Priorat. de Cokes ord. Every reputed Father of a base child, gotten within the Mannor of Writtel in Com. Essex, pays to the Lord for a Fine 3 s, 4 d. Where it seems to extend as well to Free as Bond-women; and the Custom is there also called Childwit.

Chimin (Fr. Chemin, i. aditus, via) Sig­nifies a way; which is of two sorts. The Kings High-way, and a private way. Kitchin, fol. 35. The Kings High-way (Chiminus Regius) is that, in which the Kings Subjects, and all others un­der His Protection, have free liberty to pass, though the property of the soyl, where the way lies, may perhaps belong to some private man. A Private way is that, in which one man or more have liberty to pass, either by Pre­scription or by Charter, through another mans ground. And this is divided into Chimin in gross, and Chimin appendant. Kitchin, fol. 117. Chimin in gross, is that way which a man holds principally and solely in it self; Chimin ap­pendant is that which a man hath as appurtenant to some other thing. As, if he hire a Close of Pasture, with Covenant for ingress and regress, through some other Ground, in which, other­wise he might not pass. See Coke on Littl. fol. 56.

Chiminage (Chiminagium) Signifies a Toll for Wayfarage through the Forest. Cromp. [Page] Jurisd. fol 189. Telonium quod in Forestis exige­bant Forestarii a plaustris & equis oneris causâ eò venientibus. Charta Forestae, cap. 14. Nullus Forestarius de caetero, qui non sit Forestarius de feodo, reddens nobis firmam pro baliva sua, capiat Chiminagium aliquod in Baliva sua, &c. The Feadists call it Pedagium. This in Poulton, fol. 8. is falsly Printed Chimmage; and in a Re­cord in the Tower, I finde Chimage.

Chimney Money, Otherwise called Hearth-Money. By Statute 14 Car. 2. cap. 12. Every Fire-Hearth and Stove of every Dwelling, and other House within England and Wales, (except such as pay not to Church and poor) shall be chargeable with Two shil­lings per annum, parable at Michaelmas and Lady-day, to the King, His Heirs, &c. Which payment is vu [...]gar [...]y called Chimney-Money. See Smoak-Silver and Fuage.

Chirgemot, Circgemot, or Chirch ge­mot. (Sax) Forum Ecclesiasticum.—Quos­que Chirgemot Discordantes inveniet, vel amore congreget, vel sequestret judicio. LL. Hen. 1. cap 8. and 4 Inst. fol. 321.

Chirographer of Fines, (Chirographus Fi­nium & Concordarum, of the Greek [...], i. A writing of a Mans own hand, where­by he acknowledges a debt to another) Sig­nifies that Officer in the Common-Pleas, who ingrosseth Fines in that Court acknowledged into a Perpetual Record, (after they are exa­mined, and fully passed by other Officers) and that writes and delivers the Indentures of them to the Party. Anno 2 Hen. 3. cap. 8.—2 Hen. 4. 8. and Fitz. Nat. Br. fol. 147. A. This Officer makes two Indentures, one for the Buyer, another for the Seller, and makes one other indented piece, containing also the effect of the Fine, which he delivers to the Custos Brevium, which is called the Foot of the Fine. The Chirographer also, or his Deputy, proclaims all the Fines in the Court every Term, accord­ing to the Statute, and endorseth the Procla­mations, upon the backside of the Foot there­of; and always keeps the Writ of Covenant, and the Note of the Fine. See Tabling of Fines, Anno 23 Eliz. cap. 3. and 2 Part. Inst. fol. 468.

Chivage. See Chevage.

Chivalry (Servitium Militare) Comes from the Fr. Chivalier, i. eques; and signifies a Tenure of Land by Knights-service, whereby the Tenant was bound to perform a Service in War unto the King or the Mesn Lord, of whom he held by that Tenure: The further explica­tion of which Tenure, and the several Branches of it may be omitted, since by Stat. 12 Car. 2. cap. 24. All Tenures by Knights-service of the King, or of any other person, Knight-service in Capite, or Soccage in Ca­pite of the King, and the Fruits and con­sequences thereof, hapned, or which shall or may happen, or arise thereupon, or thereby, are taken away and discharged: And all Tenures of Houses, Mannors, Lands, &c. shall be construed and adjudged for ever, to be turned into Frée and Com­mon Soccage, &c.

Choral (Choralis) may relate to any per­son, that by vertue of any of the Orders of the Clergy, was in ancient time admitted to sit and serve God in the Quire, in Latin (Cho­rus.) Accordingly Mr. Dugdale (in his History of S. Pauls Church, pag. 172.) says, There were anciently Six Vicars Choral belonging to that Church.

Chose (Fr.) Thing: It is used with divers Epithetes; as Chose Local, is such a thing as is annexed to a place: For example, a Mill is Chose Local. Chose Transitory seems to be that thing, which is moveable, and may be taken away or carried from place to place. Kitchin, fol. 18: Chose in Actin, is a thing incorpo­real, and onely a right, as an Annuity, Obli­gation for Debt, a Covenant, Voucher by Warranty, and generally all Causes of Suit, for any Debt or Duty, Trespass or Wrong, are to be accounted Choses in Action. And it seems Chose in Action may be also called Chose in Suspence; because it hath no real existence, or being, nor can properly be said to be in our possession. Broke, tit. Chose in Action.

Chop-chirch (Ecclesiarum permutatio) Is a word used 9 Hen. 6. 65. a. By the sence of which Book, it was in those days a kinde of Trade; For the Judges say, It was a lawful Occupation, and a good Addition; yet Brook in his A­bridgment calls it not an Occupation, but a thing permissible by Law. It was (without doubt) a nick-name given to those that used to change Benefices: For to chop and change, is an usual expression to this day. I have also read Church-Chopper, for him that used to make such changes.— Alii vero quorundam satorum zizaniae, sub­versorum Justiciae, & inauditae abusionis inven­torum, ut illis verbis utamur Choppe-Churches, communiter appellati, mediatione dolosa interve­niente, execrabili ardore avaritiae, quandoque in subdolis permutationibus, hos nimia inaequalitate Beneficiorum, ac illos quandoque optentis beneficiis, fucatis coloribus totaliter destituunt & defraudant; in tantum quod ex inde de opulentibus effecti miseri, & fodere non valentes, aliquando inordi­natâ concepta doloris anxietate deperiunt, & saepius in Cleri & Ecclesiae scandalum nimid egesta­tis penuriâ, mendicare miserabiliter compellun­tur. Litera missa omnibus Episcopis suffra­gancis Domini contra Choppe-Churches. An. 1391. Spelm. de Conc. vol. 2. fol. 642.

Church-Reve. A Church-Warden. Praepo­situs Ecclesiae or Gardianus Ecclesiae; of whom, thus Chaucer, speaking of the Jurisdiction of Archdeacons.

Church-Wardens (Ecclesiae Gardiani) Are Officers yearly chosen, by consent of the Mini­ster and Parishioners, according to the custom of every place, to look to the Church, Church­yard, and such things as belong to both, and [Page] to observe the behavior of their Parishioners, for such faults as appertain to the Jurisdiction or Censure of the Court-Ecclesiastick. These are a kinde of Corporation, enabled by Law to sue, and be sued for any thing belonging to the Church, or Poor of their Parish. Anno 12 H. 7. cap. ult. See Lambert in his duty of Church-Wardens.

Churchesset, Ciricsceat, Chirset, or Curcscet (Sax.) Census vel tributum Ecclesiae Chirchescot. Certam mensuram bladi tritici significat, quam quilibet olim Sanctae Ecclesiae die Sancti Martini, tempore tam Britonum quam Anglorum contribuerunt. Plures tamen Mag­nates, post Romanorum adventum, illam contri­butionem secundum veterem legem Moysi nomine primitiarum dabant: Prout in brevi Regis Knuti, ad summum Pontificem transmisso, continetur, in quo illam contributionem Churchset appellant, quasi, semen Ecclesiae. See Ciricsceat. Seldens Hist. of Tithes, pag. 216.—Et de essarto & de prato & de Chirset ejusdem villae, &c. Cart. de Anno 1 Edw. 3. num. 3. And in Pat. 13 Edw. 4. par. 2. m. 17. it is written Cherchez; but the true Saxon is Cyricsceat.

Cinque Ports (Quinque Portus) Are those special Havens that lie towards France, and therefore have been thought by our Kings, to be such as ought most vigilantly to be pre­served against Invasion. In which respect, they have an especial Governor or Keeper, called, by his Office, Lord Warden of the Cinque Ports, and divers priviledges granted them, as a pe­culiar Jurisdiction, their Warden having the authority of an Admiral among them, and sending out Writs in his own name. Crompton in his Jurisd. fol. 28. names the Cinque Ports, Dover, Sandwich, Rye, Hastings, Winchelsea, Rumney, Hithe; whereof two must either be added to the first institution, by some later Grant, or be accounted as Appendants to some of the rest. See Gardein of the Cinque Ports, and the Stat. 32 Hen. 8. cap. 48. See Quinque Portus. and 4 Inst. fol. 222.

Cippus, A Pair of Stocks to put offenders in.— Habeant, nec non Cippos & conclusoria in singulis villis, ad correctionem delinquentium. Mon. Angl. 2 par. fol. 349. a.

Circuit of Action (Circuitus Actionis) Is a longer course of proceeding to recover the thing sued for, then is needful. As, if a Man Grant a Rent-charge of x l. out of his Mannor of Dale, and after the Grantee Disseiseth the Grantor of the same Mannor, who brings an Assise, and recovers the Land, and xx l. damages; which being paid, the Grantee brings his Action for x l. of his Rent due, during the time of the Disseisin, which he must have had, if no Disseisin had been. This is called Circuit of Action, because; whereas the Grantor was to receive xx l. damages, and pay x l. rent, he might have received but x l. onely for damages, and the Grantee might have kept the other x l. in his hands, by way of Deteiner for his Rent, and so have saved his Action. Terms Ley.

Circumspecte Agatis, Is the Title of a Statute made in the Thirteenth of Edward the First. Anno Domini 1285. prescribing certain Cases to the Judges, wherein the Kings Pro­hibition lies not. Coke, lib. 7. fol. 44. Lib. 5. fol. 67. And 2 Part. Inst. fol. 487.

Circumstantibus (i. By-standers) Signifies the supply or making up the number of Jurors (if any impaneld, appear not, or appearing be challenged by either party) by adding to them so many of those that are present or standing by, as will serve the turn. 35 H. 8. c. 6. and 5 Eliz. cap. 25.

Ciric seat (Sax. Cyric-sceat, Vectigal Ec­clesiasticum, frumenti tributum.) Church-scot, a certain Tribute or Payment made to the Church, commonly of Corn. Fleta calls it Circsed, quasi, Semen Ecclesiae debitum. Joh. Southam ad Festum S. Martini in Yeme debet 1 Gallinam (de red­ditu) & 5 Gallinas de Chirseat. Custumar. Mo­nast. de Bello. fol. 87. a. This Tribute was an­ciently payable at the Feast of S. Martin, and sometimes at Christmas, as appears by Domes­day, and called by Sir Edw. Coke, Church-seed, on Littl. fol. 88. b. See Churchesset.

City (Civitas) Signifies with us, as it doth in other Regions, such a Town Corporate, as hath a Bishop and a Cathedral Church Yet Crompton in his Jurisdictions, in reckoning our Cities, leaves out Ely, though it have a Bishop and a Cathedral Church. Anno 35 Eliz. cap. 6. Westminster is called a City, and it appears by the Statute 35 Hon. 8. cap. 10. that then there was a Bishop of Westminster: But by Letters Patent dated 21 May, 2 Eliz. (pursuant to an Act of Parliament of 1 Eliz. not Printed) the Revenues of that late Monastery were vested in the Dean and Chapter of the Collegiate Church of Westminster, which hath caused Error in the Pleadings of some Cases, by styling it the Cathedral, for Collegiate, Church of Westminster. Cassanaeus de Consuetud. Burgun. pag. 15. saith, That France hath within its Territories 104 Cities, and gives his reason, Because there are so many Seats of Archbishops and Bishops. Yet Sir Edward Coke: notes Cambridge to be a City by ancient Record (viz. Mich. 7 Rich. 1. Rot. 1.) Though I finde no mention of its ever having been an Episcopal See. On Littl. fol. 109. b. And in the Stat. 11 Hen. 7. cap. 4. it is called the Town of Cambridge.

Clack; As to clack, force, and bard alias beard good Wooll, Anno 8 Hen. 6. cap. 22. whereof the first, viz. to clack Wooll, is to cut off the Sheeps mark, which makes it weigh less, and so yield the less custom to the King. To force Wooll is, to clip off the upper and more hairy part of it; to bard or beard it, is to cut the head and the neck from the rest of the Fleece.

Claim (Clameum) Is a Challenge of In­terest in any thing that is in the possession of another, or, at the least, out of his own; as Claim by Charter, Claim by Descent, &c. Old Nat. Br. fol. 11. Si Dominus infra annum cla­meum qualitercunque apposuerit. Bracton, lib. 1. [Page] cap. 10. See the definition and divers sorts of Claim, in Plowden, Casu Stowel, fol. 359. a.

Clamea Aomittenda in itinere per At­turnatum, Is a Writ whereby the King com­mands the Justices in Eyre, to admit of ones Claim by Atturney, who is employed in the Kings-service, and cannot come in his own per­son. Reg. of Writs, fol. 19. b.

Clap-bord (Anno 35 Eliz. cap. 11.) Is Board cut in order to make Cask or Vessels.

Clarentius. See Herald.

Claves Insulae, i. The Keys of the Island. In the Isle of Man all ambiguous and weighty Cases, are referred to Twelve, whom they call Claves Insulae.

Clausum Fregit. Mr. Somner, in his Saxon Dictionary, conceives the original of those much used words in our Law-Pleadings, might come from the Saxon Eder-bryce, which signifies Hedge-breaking (the Boughs, which close the top of the Hedge, being usually called Ethe­rings.)

Clausum Paschae. Stat. of Westm. 1. Len­demaine de la Cluse de Pasche, that is, In Crastino clausi Paschae, or, in Crastino Octabis Paschae, which is all one; viz. The morrow of the Utas of Easter. 2 Part. Inst. fol. 157.—Ad Curiam cum visu Franc. Pleg. tent. apud Maur­din die Jovis prox. post Festum Clausi Paschae, Anno 17 Edw. 4. Testatum fuit quod, &c. Clausum Paschae, i. Dominica in Albis; sic dictum, quòd Pascha Claudat.

Clausura Heye— Johannes Stanley Ar. clamat quod ipse & haeredes sui sunt quieti de Clausura Heye de Macclesfield, scil. Clausura unius Rodae terrae circitèr hayam praedict. Rot. Plac. in Itinere apud Cestriam; Anno 14 Hen. 7.

Clergy (Clerus) Is diversly taken, some­time for the whole number of those, who are De Clero Domini, of our Lords lot or share, as the Tribe of Levi was in Judaea; sometimes for a Plea to an Indictment, or an Appeal, and is by Stamf. (Pl. Cor. lib. 2. cap. 41.) thus de­fined.— Clergy is an ancient liberty of the Church, which hath been confirmed by divers Parliaments, and is, When a Priest, or one in Orders, is arraigned of Felony before a Secu­lar Judge, he may pray his Clergy, which is as much, as if he prayed to be delivered to his Ordinary, to purge himself of the offence ob­jected. And this might be done in case of Murder. Coke, lib. 4. fol. 46. a. This liberty is mentioned in Articulis Cleri. Anno 9 Edw. 2. c. 26. and what persons might have their Clergy, and what not, see Stamf. Pl. Cor. lib. 2. cap. 42, & 43. Yet there are many Statutes made since he wrote that Book, whereby the benefit of Clergy is abrigded; As Anno 8 Eliz. cap. 4.—14 Ejusdem, cap. 5.—18 Ejusdem, cap. 4, 6, 7.—Anno 23 Ejusdem, cap. 2.—29 Ejusdem, cap. 2. 31 Ejusdem, cap 12. and 39 Ejus­dem, cap. 9. & 15. Of this see Cromptons Justice of Peace, fol. 102—105. And Lam­bert Eiren. lib. 4. cap. 14. And note, that the ancient course of Law in this point, is much altered; for by the Statute of 18 Eliz: cap. 7. Clerks are no more delivered to their Ordinaries to be purged, but now every Man, to whom this benefit is granted, though not in Orders, is put to read at the Bar, after he is found guilty, and convicted of such Felony; and so burnt in the hand, and set free for the first time, if the Ordinaries Commissioner or Deputy standing by do say— Legit ut Clericus; or otherwise he suffers death for his transgressi­on. Cowel.

Clerico Admittendo, Is a Writ directed to the Bishop, for the admitting a Clerk to a Benefice, upon a Ne Admittas tryed and found for the party that procures the Writ. Reg. of Writs, fol. 31.

Clerico capto per Statutum Mercato­rum, &c. Is a Writ for the delivery of a Clerk out of prison, who is imprisoned upon the Breach of a Statute Merchant. Reg. of Writs, fol. 147.

Clerico convicto commisso Goalae in de­fectu Ordinarii deliberando, Is a Writ for the delivery of a Clerk to his Ordinary, that was formerly convict of Felony, by reason his Ordinary did not challenge him according to the priviledges of Clerks. Reg. of Writs, fol. 69. a.

Clerico infra sacros ordines constituto, non eligendo in Officium, Is a Writ direct­ed to the Bailiffs, &c. that have thrust a Baili­wick or Beadleship upon one in holy Orders, charging them to release him. Reg. of Writs, fol. 143. a.

Clerk (Clericus) Hath two significations; one, as it is the title of him that belongs to the holy Ministery of the Church; under which, where the Canon Law hath full power, are, not onely comprehended Sacerdotes & Diaconi, but also Subdiaconi, Cantores, Acolyti, Exorcistae, & Ostiarii. And in this signification, a Clerk is either Religious (otherwise called Re­gular) or Secular. Anno 4 Hen. 4. cap. 12. The other denotes those, who by their functi­on or course of life, practise their Pen in any Court, or otherwise; as, the Clerk of the Rolls of Parliament, Clerks of the Chancery, &c. whose peculiar Offices shall be set down in order.

Clerk of the Ax (Clericus Securis) Is an Officer in the Navy, whose function is to carry a Silver Ax, wherewith to mark and seise Timber for the Kings use in His Navy, or otherwise, and mentioned in the Stat. 16 Car. 2. cap. 5. where it is Printed Clerk of the Acts, I suppose by mistake.

Clerk of the Parliament Rolls (Cleri­cus Rotulorum Parliamenti) Is he that Records all things done in the High Court of Parlia­ment, and engrosseth them fairly in Parch­ment Rolls, for their better preservation to posterity. Of these there are two, One of the Lords House, another of the House of Commons, Cromp. Jurisd. fol. 4. & 8. Smith de Repl. Angl. pag. 38. See also Vowels Book; touching the Order of the Parliament.

[Page] Clerk of the Crown in Chancery (Cleri­cus Coronae in Cancellaria) Is an Officer there, who, by himself or Deputy, is continually to attend the Lord Chancellor, or Lord Keeper; writes and prepares, for the Great Seal of Eng­land, special Matters of State by Commission, or the like, either immediately from His Ma­jesty, or by Order of His Council, as well or­dinary as extraordinary, viz. Commissions of Lieutenancy, of Justices Itinerant, and of As­sises, of Oyer and Terminer, of Goal Delivery, and of the Peace, with their Writs of Associa­tion, and the like. Also, all General Pardons upon Grants of them, at the Kings Coronation, or at a Parliament, where he sits in the Lords House in Parliament time; info whose Office the Writs of Parliament, made by the Clerks of the Pettibag, with the names of Knights and Burgesses, elected thereupon, are to be returned and filed. He hath also the making of all special Pardons, and Writs of Execu­tion upon Bonds of Statute Staple forfeited, which was annexed to his Office in the Reign of Queen Mary, in consideration of his continual and chargeable attendance: Both these before being common for every Cursitor and Clerk of the Court of Chancery to make.

Clerk of the Crown (Clericus Coronae) Is a Clerk or Officer in the Kings Bench, whose function is to frame, read, and record all In­dictments against Traitors, Felons, and other Offendors, there arraigned or indicted upon any publick crime. He is otherwise termed Clerk of the Crown Office. And Anno 2 Hen. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench.

Clerk of Assise (Clericus Assisorum) Is he that writes all things judicially done by the Justices of Assise in their Circuits. Cromp. Ju­risd. fol. 227.

Clerk of the Chest (Anno 16 Car. 2. c. 5.) Keeps an accompt of the Moneys collected, and kept in a Chest, for the use of sick and maimed Seamen and Mariners.

Clerk of the Estreats (Clericus Extracto­rum) Is a Clerk belonging to the Exchequer, who Termly receives the Estreats out of the Lord Treasurers Remembrancers Office, and writes them out to be levied for the King. He also makes Schedules of such sums estreated, as are to be discharged. See the Practice of the Exchequer, pag. 82.

Clerk of the Pell (Clericus Pellis) Is a Clerk belonging to the Exchequer, whose Office is to enter every Tellers Bill into a Parchment Roll, called (Pellis. Receptorum,) and also to make another Roll of Payments, which is called Pellis Exituum, wherein he sets down by what Warrant the Money was paid. This Officer is called in ancient Records Clericus Domini Thesauri.

Clerk of the Warrants (Clericus Warran­torum) Is an Officer belonging to the Court of Common Pleas, who entreth all Warrants of Atturney for Plaintiff and Defendant, and inrols all Deeds of Indentures of Bargain and Sale, which are acknowledged in the Court, or before any Judges out of the Court. And he Estreats into the Exchequer all Issues, Fines, and Amerciaments, which any way grow due to the King in that Court, and hath a standing Fee of Ten pounds of the King, for making the same Extreats. See Fitzh. Nat. Br. fol. 76.

Clerk of the Pettibag (Clericus Parvae bagae) Is an Officer of the Chancery, of which sort there are three, and the Master of the Rolls their cheif. Their Office is to record the Re­turn of all Inquisitions out of every Shire; to make all Patents of Customers, Gangers, Comptrollers, and Aulnegers; all Conge de Eslires for Bishops; all Liberates upon Extents of Statute Staples; the recovery of Recog­nisances forfeited; and all Elegits upon them; the Summons of the Nobility, Clergy, and Burgesses to the Parliament; Commissions di­rected to Knights, and others of every Shire, for Assessing Subsidies; Writs for the nomina­tions of Collectors for Fifteenths; and all Traverses upon any Office, Bill, or otherwise; to receive the Fees for Homages due to the Lord Great Chamberlain; of the Nobility, Bishops, &c. This Officer is mentioned, 33 Hen. 8. cap. 22.

Clerk of the Kings Great Wardrobe (Clericus Magnae Garderobae Regis) Is an Officer of the Kings House, that keeps an Accompt or Inventary in Writing, of all things belonging to the Kings Wardrobe. Mentioned Anno 1 Edw. 4. cap. 1.

Clerk of the Market (Clericus Mercati Hospitii Regis) Is an Officer of the Kings House (Anno 1 Edw. 4. cap. 1. and Anno 13 Rich. 2. cap. 4.) whose duty is to take charge of the Kings Measures, and to keep the Standards of them, that is, The examples of all the Mea­sures that ought to be through the Land: As of Elns, Yards, Lagens, Quarts, Pottles, Gallons, &c. Of Weights, Bushels, and such like; and to see that all Measures in every place be an­swerable to the said Standard. Fleta, lib. 2. cap. 8, 9, 10, 11, 12. Of which Office, as also of our diversity of Weights and Measures, you may there finde a Treatise worth the read­ing. Britton also, in his 30 Chap. saith in the Kings Person, to this effect: We will that none have Measures in the Realm, but we our selves; but that every Man take his Measures and Weights from our Standards. And so goes on with a Tractat of this matter, that well shews the an­cient Law and Practice in this point. Touching this Officers duty, you have also good Statutes. Anno 13 Rich. 2. cap. 4. and Anno 17 Car. 1. cap. 19. See 4 Inst. fol. 273.

Clerk of the Kings Silver (Clericus Argenti Regis) Is an Officer belonging to the Court of Common Pleas, to whom every Fine is brought, after it hath been with the Custos Brevium, and by whom the effect of the Writ of Covenant, is entred into a Paper-Book; and, according to that Note, all the Fines of that Term are also recorded in the Rolls of [Page] the Court. And his Entry is in this form: He puts the Shire in the Margin, and then saith, A. B. dat Domino Regi dimidium marcam (or more according to the value) pro licentia concordandi cum C. D. pro talibus terris, in tali villa, & habet chirographum per pacem admis­sum, &c.

Clerk of the Peace (Clericus Pacis) Is an Officer belonging to the Sessions of the Peace. His duty is, in the Sessions to read the Endict­ments, to enrol the Acts, and draw the Pro­cess: To record the Proclamations of Rates for Servants Wages, to enrol the discharge of Apprentices, to keep the Counterpart of the Indenture of Armor, to keep the Register Book of Licenses, given to Badgers and Laders of Corn, and of those that are Licensed to shoot in Guns, and to certifie into the Kings Bench Transcripts of Indictments, Outlaries, Attainders, and Convictions had before the Justices of the Peace, within the time limitted by Statute. Lamberts Eiren. lib. 4. cap. 3. fol. 379.

Clerk of the Signet (Clericus Signeti) Is an Officer attendant continually on His Ma­jesties Principal Secretary, who always hath the custody of the Privy Signet, as well for sealing His Majesties private Letters; as also such Grants as pass His Majesties Hand by Bill signed. Of these there are four that attend in their course, and have their diet at the Secre­taries Table. More largely you may read of their Office in the Statute made Anno 27 H. 8. cap. 11.

Clerk of the Privy Seal (Clericus Privati Sigilli) There are four of these Officers that attend the Lord Privy Seal, or (if none such) the Principal Secretary, writing and making out all things that are sent by Warrant from the Signet to the Privy Seal, and are to be passed to the Great Seal; as also to make out (as they are termed) Privy Seals upon any special oc­casion of His Majesties affairs; as for Loan of Money, and such like. Of this Officer and his Function, you may read the Statute 27 H. 8. cap. 11. He that is now called the Lord Privy Seal, seems in ancient time to have been called Clerk of the Privy Seal, and to have been reckoned, notwithstanding, in the number of the great Officers of the Realm. Read the Sta­tute 12 Rich. 2. cap. 11.

Clerk of the Juries or Jurata Writs (Clericus Juratorum) Is an Officer belonging to the Court of Common Pleas, who makes out the Writs called (Habeas Corpora) and (Di­stringas) for appearance of Juries, either in Court, or at the Assises, after the Jury or Pa­nel is returned upon the (Venire facias.) He enters also into the Rolls the Awarding of these Writs, and makes all the continuance from the going out of the (Habeas Corpora) until the verdict be given.

Clerk of the Pipe (Clericus Pipae) Is an Officer in the Exchequer, who, having all Ac­compts and Debts due to the King, delivered and drawn out of the Remembrancers Offices, charges them down into the great Roll; who also writes Summons to the Sheriff, to levy the said Debts upon the Goods and Cattels of the Debtors; and if they have no Goods, then he draws them down to the Lord Treasurers Remembrancer, to write Estreats against their Lands. The ancient Revenue of the Crown re­mains in charge before him, and he sees the same answered by the Farmers and Sheriffs. He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax, and sees it an­swered upon their Accompts. He hath the drawing and ingrossing all Leases of the Kings Land. In Henry the Sixths time, he was called Ingrossator Magni Rotuli.

Clerk of the Hamper or Hanaper (Cle­ricus Hanaperii) Is an Officer in Chancery, (Anno 2 Edw. 4. cap. 1.) otherwise called Warden of the Hamper, in the same Statute, whose Function is to receive all the Money due to the King for the Seals of Charters, Patents, Commissions, and Writs; as also Fees due to the Officers for enrolling and examining the same, with such like. He is tied to attendance on the Lord Chancellor, or Lord Keeper daily in the Term time, and at all times of sealing, having with him Leather Bags, wherein are put all Charters, &c. After they are sealed, those Bags, being sealed up with the Lord Chancel­lors Private Seal, are delivered to the Comp­troller of the Hamper, who upon receipt of them, doth, as you shall read in his Office. This Hanaper represents a shadow of that which the Romans termed (Fiscum) which contained the Emperors treasure.

Clerk of the Pleas (Clericus Placitorum) Is an Officer in the Exchequer, in whose Office all the Officers of the Court (upon especial Priviledge belonging unto them) ought to sue, or to be sued upon any Action, &c. See the Practice of the Exchequer, pag. 86. and 4 Inst. fol. 107.

Clerk of the Treasury (Clericus Thesau­rariae) Is an Officer belonging to the Common Pleas, who hath the charge of keeping the Re­cords of the Court, and makes out all the Re­cords of Nisi Prius, hath the Fees due for all searches, and hath the certifying all Records into the Kings Bench, when a Writ of Error is brought: Also he makes all Exemplications of Records being in the Treasury. He is taken to be the servant of the Cheif Justice, and re­moveable at his pleasure, whereas all other Officers are for term of life. There is also a Secundary, or Under-Clerk of the Treasury for Assistance, who hath some allowances. And likewise an Under-Keeper, who always keeps one Key of the Treasury door, and the cheif Clerk of the Secondary an other; so as the one cannot come in, without the other.

Clerk of Essoyns (Clericus Essoniorum) Is an Officer belonging to the Court of Common Pleas, who keeps the Essoyn-Rolls, and hath for entring every Essoyn six pence, and for every Exception to Bar the Essoyn, in case where the party hath omitted his time, six [Page] pence. He hath also the providing of Parch­ment, and cutting it out into Rolls, and mark­ing the numbers upon them, and the delivery out of all the Rolls to every Officer, and the receiving them again when they are written, and the binding and making up the whole Bundles of every Term; and this he doth as Servant to the chief Justice. For the chief Justice is at charge for the Parchment of all the Rolls; for which he is allowed, as the chief Justice of the Kings Bench, besides the penny for the Seal of every Writ of Priviledge and Utlary, the seventh penny taken for the Seal of every Writ under the Green Wax, or Petit Seal in the Court of Kings Bench and Common Pleas respectively, the said Lord Chief Justices having annexed to their several Offices or pla­ces, the custody of the said Seals belonging to each Court.

Clerk of the Outlaries (Clericus Utlaga­riarum) Is an Officer belonging to the Court of Common Pleas, being onely the Servant or De­puty to the Kings Atturney General, for making out Writs of (Capias Utlagatum) after Outlary; the Kings Atturnies name being to every one of those Writs. And whereas seven pence is paid for the Seal of every other Writ, betwixt party and party, there is but a penny paid for the Seal of this Writ, because it goes out at the Kings Suit.

Clerk of the Errors (Clericus Errorum) In the Court of Common Pleas does transcribe and certifie into the Kings Bench, the Tenor of the Records of the Cause or Action; upon which, the Writ of Error (made by the Cursitor) is brought, there to be adjudged and deter­mined: The Clerk of the Errors in the Kings Bench, does likewise transcribe and certifie the Records of such Causes in that Court, in­to the Exchequer, if the Cause or Action were by Bill: If by Original, the Lord Chief Justice certifies the Record into the House of Peers in Parliament, by taking the Transcript from the Clerk of the Errors, and delivering it to the Lord Keeper, there to be determined, accord­ing to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records, certified thither out of the Kings Bench, and prepares them for Judgment in the Court of Exchequer, to be given by the Justices of the Common Pleas, and Barons there. See 16 Car. 2. cap. 2. and 20 Eiusdem, cap. 4.

Clerk of the Sewers (Clericus Suerarum) Is an Officer appertaining to the Commissioners of Sewers, writing all things that they do by vertue of their Commission, for which see Sewers: And see the Statute of 13 Eliz. cap. 9.

Clerk Comptroller of the Kings House (whereof there are two) Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants, Mes­sengers of the Green-cloth, or other like. He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers, and to sit in the Counting-house with the Superior Officers (viz.) The Lord Steward, Mr. Treasurer, Comptroller, and Cosserer, either for correcting, or bettering things out of Order. This Officer is mentioned Anno 33 Hen. 8. cap. 12.

Clerk of the Nichils or Nihils (Clericus Nihilorum) Is an Officer in the Exchequer, who makes a Roll of all such sums, as are nihiled by the Sheriffs upon their Estreats of Green­wax, and delivers the same into the Lord Treasurers Remembrancers Office, to have ex­ecution done upon it for the King. See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer, pag. 101. See Nihil.

Clerk of the Check, Is an Officer in the Court, so called because he hath the Check and Controlment of the Yeomen of the Guard, and all other ordinary Yeomen and Huissiers belonging either to His Majesty, the Queen, or Prince; either giving leave or allowing their Absences or Defects in attendance, or dimi­nishing their Wages for the same. He also nigntly by himself, or Deputy, takes the view of those that are to watch in the Court, and hath the setting of the Watch. This Officer is mentioned Anno 33 Hen. 8. cap. 12. Also there is an Officer of the same name in the Kings Navy, and mentioned Anno 19 Car. 2. cap. 1.

Clerk Marshal of the Kings House, Seems to be an Officer that attends the Marshal in His Court, and Records all His proceedings. Anno 33 Hen. 8. cap. 12.

Closh, Was an unlawful Game, forbidden by the Statute of 17 Edw. 4. cap. 3. and seems to have been the same with our Nine Pins; els­where called Closh-cayls. Anno 33 Hen. 8. cap. 9. Though some think it might be the same Game, which is still used by idle persons in Lincolns-Inn Fields, and now called The Wheel of Fortune, wherein they turn about a thing like the Hand of a Clock, in Fr. Cloche.

Clove, Is the Two and thirtieth part of a Weigh of Cheese, i. Eight pound. An. 9 Hen. 6. cap. 8. See Waga.

Cocherings, An Exaction or Tribute in Ireland. See Bonaght.

Cocket or Coket (Cokettum) Is a Seal belonging to the Kings Custom-house. Reg. of Writs, fol. 192. a. Also a Scrol of Parchment sealed and delivered by the Officers of the Custom-house to Merchants, as a Warrant, that their Merchandises are customed. Anno 11 Hen. 6. cap 16. Which Parchment is other­wise called Literae de Coketto, or Literae testi­moniales de Coketto. Reg. fol. 179. a. So is the word used, Anno 5 & 6 Edw. 6. cap. 14. And 14 Edw. 3. Stat. 1. cap. 21. None shall make Wools to be Cocketted, but in the name of him to whom the Wools be. Anno 13 Rich. 2. cap. 9.

Coket, Is also used for a distinction of Bread in the Statute of Bread and Ale, made 51 Hen. 3. The words are, When a quarter of Wheat is sold for xii d, then Wastel-Bread of a [Page] Farthing shall weigh vi 1. and xvi s; but Bread-Cocket of a Farthing, of the same Corn and Bultel, shall weigh more then Wastel by ii s. And Cocket-Bread made of Corn of lower price, shall weigh more then Wastel by v s. Bread made into a Simnel, shall weigh ii s. less then Wastel: Bread made of the whole Wheat, shall weigh a Cocket and a half; so that a Cocket shall weigh more then a Wastel by v s. Bread of Treet shall weigh two Wastels; and Bread of Common Wheat shall weigh two great Cockets. When a Quarter of Wheat is sold for xviii d. then Wastel-Bread of a Farthing, White and well-baked, shall weigh iv l, x s. when for ii s, iii l. viii s. &c. By which, we may perceive, that Wastel-Bread was the finest, Cocket-Bread next, then Bread of Treet, and lastly, Bread of Common Wheat; as we now call the finest Bread, Wheaten, or French Bread, the second sort White Bread, the third Brown, or Houshold Bread, &c.

Codicil (Codicillus) A Schedule or Supple­ment to a Will, or some other Writing; some Writers, conferring a Testament, and a Codicil together, call a Testament a great Will, and a Codicil a little one; and compare a Testament to a Ship, and the Codicil to the Boat tied to the Ship.

Codicil is used as an addition annexed to a Testament, when any thing is omitted, which the Testator would add, explain, alter, or re­tract; and is the same with a Testament, but that it is without an Executor. Sec Swinb. pag. 1. sect. 5. and Touchstone of Wills, pag. 21, 22.

Coffée (Anno 15 Car. 2 cap. 11) A kinde of drink brought hither from the Turks and Persians, black, thick, and bitter, distrained from Berries of that nature and name, yet thought to be good and wholesome.

Cofferer of the Kings Houshold, Is a Principal Officer of the Court, next under the Comptroller, who in the Counting-House, and elswhere, hath a special charge and over-sight of other Officers of the Houshold, for their good demeanor and carriage in their Offices, and pays their wages. This Officer is mention­ed. Anno 39 Eliz. cap. 7.

Cogs (Cogones) Seems to be a kinde of Vessel or Boat, upon the River of Ouse, and Water of Humber, mentioned in the Statute of 23 Hen. 8. cap. 18. Also a kinde of Ship; For I finde in Matth. Westm. Anno Dom. 1066.—Venit ad hoc in Angliam (Rex Noricorum) trecentis Coggonibus advectus.

Cognatione. See Cosenage.

Cognisor. See Conisor

Cognitionibus Mittendis, Is a Writ to a Justice, or other that hath power to take a Fine (who having taken it, defers to certifie it into the Court of Common Pleas) commanding him to certifie it. Reg. of Writs, fol. 68. b.

Cognizance (Fr. Cognisance, i. cognitio) Is used diversly; sometimes signifying the Badge of a Waterman, or Serving-Mans Sleeve, which is commonly the givers Crest, whereby he is discerned to belong to this, or that No­ble or Gentleman: Sometimes an acknowledg­ment of a Fine, or Confession of a thing done; as Cognoscens latro. Bract. lib. 3. tract. 2. cap. 3. 20, 32. And to make Cognizance of taking a Distress. Sometimes, as an audience or hearing a matter judicially, as to take Cognizance. Sometimes a Power or Jurisdiction, as Cogni­zance of Plea, is an ability to call a Cause or Plea out of another Court, which no Man can do but the King, except he can shew Charters for it. Manw. par. 1. pag. 68. For such Cogni­zance lies not in Prescription.

Cogware, Seems to be a sort of Course Cloaths, made in the North of England, men­tioned in the Stat. 13 Rich. 2. cap. 10. Where there is mention also of Cogmen, that is, Buy­yers of, Makers or Dealers in, such Cogware.

Coif (Coifa, Fr. Coiffe) Our Serjeants at Law, are otherwise called Serjeants of the Coif; from the Lawn Coif they wear on their Heads, under their Cap, when they are created, and always after. See Serjeant.

Coin (Fr. Coign, i. Angulus, which pro­bably verisies the opinion of such as hold the ancientest sort of Coyn to be cornered, and not round) any sort of Money coyned. Cromp. Just. of P. fol. 220.

Coinage, Besides the general signification, relating to Money: It is (says Camden) by a Law provided, That all the Tin in Cornwal, after it is cast and wrought, shall be weighed and signed with a stamp, which is called Coyn­age. Britan. fol. 186. and Anno 11 Hen. 7. cap. 4. Some Authors write it Cunage.

Coket. See Cocket.

Coliberts (Colliberti) Sunt tenentes in libero Soccagio. M. S. Or such as of Villains were made Freemen.

Collateral (Collateralis) Side-wise, or which hangs by the side, or comes in side-wards, not direct: As Collateral Assurance, is that which is made over and beside the Deed it self; as, If a Man covenant with another, and enter Bond for performance of his Covenant, the Bond is termed Collateral Assurance; because it is external, and without the nature and es­sence of the Covenant. And Crompton (Juris. fol. 185.) saith, That, to be subject to the feeding of the Kings Deer, is Collateral to the Soil with­in the Forest. So we may say, That Liberties to pitch Booths, or Standings for a Fair in another Mans Ground, is Collateral to the Ground. The Private Woods of a common person, with­in a Forest, may not be cut without the Kings Licence; for it is a Prerogative Collateral to the Soil. Manwood, par. 1. pag. 66.

Collateral Warranty. See Warranty.

Collation of Benefice (Collatio Beneficii) Signifies properly the bestowing a Benefice by the Bishop, who hath it in his own gift or pa­tronage, and differs from Institution in this, That Institution into a Benefice, is performed by the Bishop, at the motion or presentation of an­other, who is Patron of it, or hath the Patrons [Page] right for the time. Yet Collation is used for pre­sentation, Anno 25 Edw. 3. Stat. 6.

Collatione facta uni post mortem alteri­us, &c. Is a Writ directed to the Justices of the Common Pleas, commanding them to direct their Writ to a Bishop, for the admitting a Clerk in the place of another presented by the King, who, during the suit between the King and the Bishops Clerk, is departed this life: For, Judgment once passed for the Kings Clerk, and he dying before admittance, the King may bestow his presentation on another. Reg. of Writs, fol. 31. b.

Colour (color) Signifies a probable Plea, but in truth, false, and hath this end, to draw the tryal of the Cause from the Jury to the Judges. As, in an Action of Trespass for taking away the Plaintiffs Beasts, the Defendant saith, That before the Plaintiff had any thing in them, he himself was posseised of them, as of his proper Goods, and delivered them to A. B. to deliver them to him again, when, &c. And A. B. gave them to the Plaintiff, and the Plaintiff, supposing the property to be in A. B. at the time of the gift, took them, and the Defendant took them from the Plaintiff, where­upon the Plaintiff brings his Action.—This is a good Color, and a good Plea. See Doctor and Student, lib. 2. cap. 13. And Broke, tit. Color in Assise, Trespass, &c. fol. 104.

Collusion (Collusio) Is a deceitful agree­ment or compact between two or more, for the one party to bring an Action against the other to some evil purpose, as to defraud a third person of his right, &c. See the Statute of Westmin. 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale ju [...] and enquiry in such Cases. See Broke, tit. Collusion, and Reg. of Writs, fol. 179. a. Gifts made by Collusion, see in 50 Edw. 3. cap. 6.

Combat (Fr.) Signifies as much as Certa­men, pugna; But with us it is taken for a for­mal tryal between two Champions, of a doubt­ful cause or quarrel, by the Sword or Bastons; of which you may read at large in Glanvile, lib. 14. cap. 1. Bracton, lib. 3. tract. 2. cap. 21. Britton, cap. 22. Horns Mirror of Justices, lib. 3. cap. Des Exceptions in fine proxime & cap. Juramentum Duelli. Dyer, fol. 301. num. 41, 42: When Alan de la Zouch had judicially sued John Earl of Warren, who chose rather to try the title by the Sword Point, than by Point of Law, he was wounded by him even in Westminster-hall, in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy, Appel­lant, and David Ramsey, Esquire, Defendant, Scotchmen, in the Painted Chamber at West­minster, before Robert Earl of Lindsey, Lord High Constable, Thomas Earl of Arundel, Earl Marshal, with other Lords; where, after the Court had met several times, and Bill, An­swer, and Replication put in by the Parties, and Council heard with other Formalities, it was at last determined, that the matter should be referred to the Kings will and pleasure, whose favor enclined to Ramsey. Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales, fol. 65. And Spelmans Gloss. at large, verbo, Campus.

Comitatu Commisso, Is a Writ or Com­mission, whereby the Sheriff is authorised to take upon him the charge of the County. Reg. of Writs, fol. 295. Cokes Rep. lib. 3. fol. 72. a.

Comitatu & Castro Commisso, Is a Writ whereby the charge of a County, with the keep­ing of a Castle is committed to the Sheriff. Reg. of Writs, fol. 295.

Comitatus.—Of dead Ferms and Debts desperate, whereof there is no hope, one Roll shall be made, and shall be entituled, Comitatus, and read every year upon the account of Sheriffs. 10 Edw. 1. cap. unico.

Commandry (Praeceptoria) Was a Mannor or cheif Messuage, with Lands and Tenements appertaining thereto, belonging to the Priory of St. Johns of Jerusalem in England; and he, who had the Goverment of any such Mannor or House, was called the Commander; who could not dispose of it, but to the use of the Priory, onely taking thence his own sustenance, accord­ing to his degree, who was usually a Brother of the same Priory. New Eagle in the County of Lincoln, was, and still is called the Commandry of Eagle, and did anciently belong to the said Priory; so were Slebach in Pembrokeshire, and Shengay in Cambridgeshire Commandries, in time of the Knights-Templers, says Camd.—These, in many places of England, are termed Temples, as Temple Bruere in Lincoln­shire, Temple Newsum in Yorkshire, &c. because they formerly belonged to the said Templers. Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem, cap. 24. See Preceptories.

Commandment (Praeceptum) Hath a di­vers use; as the Commandment of the King, when, upon his meer motion and from his own mouth, he casts any Man into Prison. Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary. Absolute, as when, upon their own Authority in their Wis­dom and Discretion, they commit a Man to prison for a punishment. Ordinary is, when they commit one rather for safe-custody, then punishment. A Man committed upon an Ordi­nary Commandment is replevisable. Pl. Cor. fol. 73. Commandment is again used for the offence of him, that willeth another Man to transgress the Law, or to do any thing contrary to the Law; as Murther, Theft, or such like. Bracton, lib. 3. tract. 2. cap. 19. which the Civilians call Mandatum.

Commendam (Ecclesia Commendata) Is a Benefice or Church-Living, which being void, is commended to the charge and care of some sufficient Clerk, to be supplied, until it may be conveniently provided of a Pastor. And, that this was the true original of this practise, you may read at large in Durandus, De sacris Ecclesiae Ministeriis & Beneficiis, lib. 5. cap. 7. He to whom the Church is commended, hath the Fruits and Profits thereof, onely for a certain [Page] time; and the Nature of the Church is not changed thereby, but is as a thing deposited in his hands in trust, who hath nothing but the custody of it, which may be revoked. When a Parson is made Bishop, there is a Cession of his Benefice by the Promotion; but if the King gives him power to retain his Benefice, he shall continue Parson, and is said to hold it in Com­mendam. Hob. Rep. fol. 144. Latches Rep. fol. 236, 237. See Ecclesia commendata, in Gloss. x. Scriptor.

Comminalty (Fr. Communauté) Includes all the Kings Subjects. So in Art. super Chartas 28 Edw. 1. cap. 1. Tout le Commune d'Engleterre, signifies all the People of England. 2 Inst. fol 539.

Commissary (Commissarius) Is a Title of Ecclesiastical Jurisdiction, appertaining to such a one, as exerciseth Spiritual Jurisdiction in places of the Diocess so far distant from the cheif City, as the Chancellor cannot call the Subjects to the Bishops Principal Consistory, without their too great molestation. This Commissary is by the Canonists called Commissa­rius or Officialis foraneus. Lyndwoods Provin. cap. 1. And is ordained to this special end, that he supply the Bishops Jurisdiction and Office in the out places of the Diocess, or else in such Parishes as are peculiar to the Bishop, and exempted from the Jurisdiction of the Arch-deacon. For where either by Prescrip­tion or Composition, Arch-deacons have Juris­diction within their Arch-deaconries, as in most places they have, this Commissary is but superfluous, and oft-times vexations to the peo­ple. Therefore the Bishop, taking Prestation Money of his Arch-Deacons yearly, Pro exte­riori Jurisdictione, as it is ordinarily called, does by super-onerating their circuit with a Commissary, not onely wrong Arch-deacons, but the poorer sort of Subjects much more. Cowel. and see 4 Inst. fol. 338.

Commission (Commissio) Is with us, as much as delegatio with the Civilians, and is taken for the Warrant or Letters Patent, which all Men (exercising Jurisdiction, either ordinary or extraordinary) have to authorise them to hear or determine any cause or action. Of these see divers in the Table of the Reg. of Writs, and see Broke, tit. Commission; yet this word is sometimes extended farther then to Matters of Judgment, as the Commission of Purveyors or Takers, Anno 11 Hen. 4. cap. 28. which seems to be null by the Statute, for taking away Pur­veyance. Anno 12 Car. 2. cap. 24. The High Commission Court which was founded upon the Statute 1 Eliz. cap. 1. is also abolished by Act of Parliament, 17 Car. 1. cap. 11. and that again explained by another Act, 13 Car. 2. cap. 12.

Commission of Association (mentioned 18 Eliz. cap. 9.) Is a Commission under the Great Seal, to associate two or more learned persons, with the several Justices in the several Circuits and Counties in Wales.

Commission of Anticipation, Was a Commission under the Great Seal, to collect a Subsidy before the day. Anno 15 Hen 8. Cokes 12 Rep. fol. 120.

Comission of Rebellion (Commissio Rebel­lionis) Is otherwise called a Writ of Rebellion, and Issues, when a Man (after Proclamation issued out of the Chancery, and made by the Sheriff, to present himself, under pain of his allegiance to the Court, by a certain day) ap­pears not. And this Commission is directed by way of command to certain persons, three, two or one of them, to apprehend or cause to be apprehended, the party, as a Rebel, or con­temner of the Kings Laws; wheresoever they finde him within the Kingdom, and bring or cause him to be brought to the Court upon a day therein assigned: The Form of it you have in West, Tract. Touching proceedings in Chancery, Sect. 24.

Commissioner (Commissionarius) Is he that hath Commission, as Letters Patent, or other lawful Warrant, to execute any Publick Of­fice; as Commissioners of the Office of Li­cences of Alienation. West. Part. 2. Symb. Tit. Fines, Sect. 106. Commissioners in Eyr. Anno 3 Edw. 7. cap 26. With many such like.

Committée. Is he, or they to whom the consideration or ordering of any matter is re­ferred, either by some Court or Consent of Parties to whom it belongs. As in Parliament, a Bill being read, is either consented to and passed, or denied, or neither, but referred to the consideration of some certain persons, appoint­ed by the House farther to examine it, who thereupon are called a Committee. Committee of the King. West. pa. 2. Symb. tit. Chancery, Sect. 144. This word seems to be strangely used in Kitchin, fol. 160. where the Widdow of the Kings Tenant being dead, is called the Commit­tee of the King, that is, one committed by the ancient Law of the Land, to the Kings care and protection.

Commoigne (Fr.) A Fellow-Monk, that lives in the same Convent. 3 Part. Instit. fol. 15.

Common (Commune, i. quod ad omnes per­tinet) Signifies that Soil or Water, whereof the use is common to this or that Town or Lordship; as Common of Pasture, (Commune Pasturae.) Bracton, lib. 4. cap. 19. & 40. Commun of Fishing, (Commune Piscariae.) Idem, lib. 2. cap. 34. Common of Turbary, (Commune Tur­bariae, i. Of digging Turves.) Idem, lib. 4. cap. 41. Common of Estovers, (Commune Estove­riorum,) Kitchin, fol. 94, &c. Common is divided into Common in Gross, Common Appendant, Common Apportenant, and Common per cause de Vicinage, i. By reason of Neighborhood.

Common in Gross, Is a liberty to have Com­mon alone (that is) without any Land or Te­ment, in another Mans Land, to himself for life, or to him, and his heirs; and it is com­monly passed by Deed of Grant or Specialty. Old Nat. Br. fol. 31. & 37.

[Page] Common Appendant, and Common Appur­tenant, are in a manner confounded, as ap­pears by Fitz. Nat. Br. fol. 180. And are de­fined to be a Liberty of Common Appurtaining to, or Depending on such, or such a Freehold; which Common must be taken with Beasts Commonable; as Horses, Oxen, Kine, and Sheep, being accounted fittest for the Plough­man; and not of Goats, Geese, and Hogs: But some make this difference, That Common Appurtenant may be severed from the Land whereto it pertains, but not Common Appen­dant; which (according to Sir Edw. Coke, lib. 4. fol. 37.) had this beginning—When a Lord enfeoffed another in Arabic Lands, to hold of him in Soccage; the Feoffce, to main­tain the service of his Plough, had at first, by the Curtesie or Permission of the Lord, Com­mon in the Wastes of his Lord, for his neces­sary Beasts, to ear and compost his Land, and that for two Causes; one, for that, as then it was taken, it was tacitly implied in the Feoff­ment, by reason the Feoffee could not Till, nor Compost his Land without Cattle, and Cattle could not be sustained without Pasture, and so by consequence the Feoffee had, as a thing necessary and incident, Common in the Wastes and Land of the Lord. And this appears by the ancient Books, Temp. Ed. 1. tit. Common 24. and 17 Edw. 2. tit. Common 23. and 20 Edw. 3. tit. Admeasurement 8. and by the rehearsal of the Statute of Merton, cap. 4. The second rea­son was, for maintenance and advancement of Tillage, which is much regarded and favored by the Law.

Common per cause de Vicinage (i. Common by reason of Neighborhood) Is a Liberty that the Tenants of one Lord in one Town, have to Common with the Tenants of another Lord in another Town: Those that challenge this kinde of Common (which is usually called Intercommoning) may not put their Cattel into the Common of the other Town; for then they are distrainable, but, turning them into their own Field, if they stray into the Neighbor- Common, they must be suffered; provided they do not surcharge either Common. Common of Pasture, the Civilians call Jus compascendi.

Common Bench (Bancus Communis, from the Sax. banc, i. A Bank, or Hillock, and metaphorically a Bench, High Seat or Tribu­nal.) The Court of Common Pleas was ancient­ly so called. Anno 2 Edw. 3. cap. 11. because (saith Camden in his Britan, pag. 113.) Communia Placita inter subditos ex jure nostro, quod Commune vocant, in hoc disceptantur, that is, the Pleas or Controversies between common persons are there tryed. And the Justices of that Court in Legal Records, are termed Justiciarii de Banco. Coke on Littl. fol. 71. b. See Common Pleas.

Common Fine (Finis Communis) Is a certain sum of Money, which the Resiants within the view of some Leets, pay to the Lord thereof, called in divers places Head-silver, in others Cert-money, or Certum Leta, and Head-pence; and was first granted to the Lord towards the charge of his purchase of the Court Leet, whereby the Resiants had now the ease, to do their Suit-Royal neerer home, and not be compelled to go to the Sheriffs Turn. As in the Mannor of Sheapshead in Com. Leic. e­very Resiant pays 1 d per Poll to the Lord, at the Court held after Michaelmas, which is there called Common Fine. There is also Common Fine of the County, for which see Fleta, lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine, Anno 13 Rich. 2. cap. 4. For Common Fine, the Lord cannot distrain without a prescription. Godfreys Case, in Sir Edw. Cokes 11 Report.

Common Pleas (Communia Placita) Is the Kings Court, now constantly held in West­minster Hall, but in ancient time moveable, as appears by Magna Charta, cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi, Parte 5. cap. 22. But Gwin, in the Preface to his Readings, saith, That until Henry the Third granted the Great Charter, there were but two Courts in all, cal­led the Kings Courts, viz. The Exchequer and the Kings Bench, which was then called Curia Domini Regis, and Aula Regis; because it fol­lowed the Court or King, and that upon the Grant of that Charter, the Court of Common Pleas was erected and setled in one place cer­tain, viz. Westminster Hall; amd therefore after that, all the Writs ran, Quod sit coram Justi­ciariis meis apud Westm. whereas before the party was commanded by them to appear, Coram me vel Justiciariis meis, simply without addition of place, as he well observes out of Glanvile and Bracton, the one writing in Henry the Second's time, before this Court was erected; the other in the later end of Henry the Third's time, who erected this Court. All Civil Causes, both Real and Personal, are or were in former times tryed in this Court, according to the strict Law of the Realm; and by Fortescu, cap. 50. it seems to have been the onely Court for Real Causes. The Cheif Justice thereof, is called the Lord Cheif Justice of the Common Pleas, accompanied with three or four Judges, Assist­ants, or Associats, who are created by Let­ters Patent, and, as it were, enstalled or placed on the Common Bench, by the Lord Chancellor, and Lord Chief Justice of the Court, as appears by Fortescu, cap. 51. who expresseth all the circumstances thereof. The rest of the Officers belonging to this Court, are, The Custos Brevium, three Prothonotaries, otherwise called Prenotaries, Chirographer, 14 Filazers. 4 Exigenters, Clerk of the War­rants, Clerk of the Juries, or Jurata Writs, Clerk of the Treasury, Clerk of the Kings Silver, Clerk of the Essoyns, Clerk of the Outlaries, Clerk of the Errors. Whose distinct Functions read in their places. See Common Bench, and 4 Inst. fol. 99.

Common Day in Plea of Land (Anno 13 Rich. 2. Stat. 1. cap. 17.) Signifies an Ordi­nary day in Court, as Octabis Hillarii, Quindena [Page] Pasche, &c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench.

Common Intendment, Is Common Un­derstanding or Meaning, according to the Sub­ject Matter, not strained to an exotick sense. Bar to Common Intendment, is an Ordinary or General Bar, which commonly disables the Declaration of the Plaintiff. Of Common In­tendment, a Will shall not be supposed to be made by Collusion. Coke on Littl. fol. 78. b. See Intendment.

Commons House of Parliament, Is so called, because the Commons of the Realm, that is, the Knights, Citizens, and Burgesses repre­senting them, do sit there. Crompt. Jurisd. 9.

Common Law (Communis Lex) Hath three significations: First, It is taken for the Laws of this Realm simply, without any other Law joyned to it; As, when it is disputed, what ought of right to be determined by the Common Law, and what by the Spiritual Law, or Ad­mirals Court, or the like. Secondly, For the Kings Court, as the Kings Bench or Common Pleas, onely to shew a difference between them and the Base Courts, as Customary Courts, Court Barons, County Courts, Pipowders, and such like: As when a Plea of Land is re­moved out of Ancient Demesn, because the Land is Frank-fee, and pleadable at the Common Law, that is, in the Kings Court, and not in Ancient Demesn, or any other Base Court. Thirdly, and most usually, by the Common Law, is understood such Laws as were generally taken and holden for Law, before any Statute was made to alter the same. As, neither Tenant for Life, nor for Years, were punishable by the Common Law for doing Waste, till the Statute of Glouc. cap. 5. was made, which gives an Action of Waste against them. But Tenant by the Curtesie, and Tenant in Dower, were punishable for it before the said Statute. See Law.

Commorth. See Comorth.

Commore (Br. Cwmmwd, i. Provincia) In Wales is half a Cantred or Hundred, contain­ing Fifty Villages. Stat. Walliae, 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seig­nory, and may include one or divers Mannors. Coke on Littl. fol. 5.

Commune. See Comminalty.

Communi Custodia, Is a Writ that did lie for that Lord, whose Tenant, holding by Knights-service, died and left his eldest Son under age, against a Stranger that entred the Land, and obtained the Ward of the Body. Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24.

Communication (Communicatio) A talk­ing, consultation, or conferring with. Where there is onely a Parley betwixt two, and no perfect Agreement, that is, no such Contract between them, as on which to ground an Action, it is called a Communication.

Communia placita non tenenda in Scar­cario, Is a Writ directed to the Treasurer and Barons of the Exchequer, forbidding them to hold Plea, between common persons in that Court, where neither of them belong thereto. Reg. of Writs, fol. 187. b.

Comorth (Comortha) From the British Cymmorth, Subsidium) A Contribution: Subsidium à pluribus collatum. Anno 4 Hen. 4. cap. 27. And 26 Hen. 8. cap. 6. Prohibits the Le­vying any such in Wales, or the Marches, &c. It seems this Commorth was gathered at Marri­ages, and when young Priests said or sung their first Masses, and sometimes for redemption of Murders or Felonies.

Companion of the Garter, Is one of the Knights of that most Noble Order. Anno 24. Hen. 8. cap. 13. See Garter.

Compositio Mensurarum, Is the Title of an ancient Ordinance for Measures, not Printed, and is mentioned in the Statute of 23 Hen. 8. cap 4.

Compromise (Compromissum) Is a mutual promise of two or more parties at difference, to refer the ending of their Controversies to the Arbitrement, and Equity of one or more Arbitrators. West defines a Compromise or Sub­mission to be the faculty or power of pronoun­cing Sentence between Persons at Controver­sie, given to Arbitrators by the Parties mutual private consent, without publick Authority. Par. 2. Symbol. Tit. Compromise. Sect. 1.

Computation (Computatio) Is the true ac­count and construction of time; to the end, that neither party do wrong to the other, nor that the determination of time be so left at large, as to be taken otherways then according to the just Judgment of the Law. As, if In­dentures of Demise are engrossed, bearing date 11 May, 1669. To have and to hold the Land in S. for three years from henceforth, and the Indentures are delivered the Fourth day of June following: In this Case, from henceforth shall be accounted from the day of the Delivery, and not from the date; and if the Indenture be delivered at four of the Clock in the Afternoon of the said Fourth day of June, the Lease shall end the Third day of June, in the Third year. For the Law, in this Computation, rejects all fractions or divisions of the day, for the incertainty, which always is the Mother of Contention. So where the Sta­tute of Enrolments, made 27 Hen. 8. cap. 16. is, That Writings shall be enrolled within six Moneths after the date thereof, if such Wri­tings have date, the Six Moneths shall be ac­counted from the date, and not from the De­livery; but if they want date, then it shall be accounted from the Delivery. Coke, lib. 5. fol. 1.

If any Deed be shewed to a Court at West­minster, it shall remain in Court (by Judgment of the Law,) all the Term, in which it is shewed, for all the Term in Law, is but as one day. Coke, lib. 5. fol. 74. If a Church be void, and the Patron does not present within Six Moneths, [Page] then the Bishop of the Diocess may collate his Chaplain, but these Six Moneths shall not be Computed according to Twenty eight days in the Moneth, but according to the Kalendar. See Kalendar-moneth.

Computo (Lat.) Is a Writ so called of the Effect, which compels a Bailiff, Chamberlain, or Receiver, to yield his account. Old Nat. Br. fol. 58. It is founded on the Statute of Westm. 2. cap. 2. And it lies also for Executors of Executors. 15 Edw. 3. Stat. de provis. victual. cap. 5. Thirdly, Against the Guardian in Soc­cage for Waste made in the Minority of the Heir. Marlbr. cap. 17. And see further in what other Cases it lies, Reg. of Writs, fol. 135. Fitz. Nat. Br. fol. 116.

Conabel (Fr. Convenable, i. Convenient or fitting)— We ordain, that there be made a Hache of Conabyl heythe, crestyd with Pikes of Herne, to sore the entry of your Kechyne, that no strange peopille may enter with certain Clekets, advised be you, and be your Steward to such persons, as you and them think honest and Conable. Artic. Decani & Capit. S. Pauli Priorat. S. Helenae. Dat. 21 Junii, 1439.

Concealers (Concelatores) Are such as finde out concealed Lands, that is, such Lands as are privily kept from the King by common persons, having nothing to shew for their Title or Estate therein. Anno 39 Eliz. cap. 22. and 21 Jac. cap. 2. They are so called a Concelando, as Mons à Movendo, per Antiphrasin. See 3 Part. Inst. fol. 188. Where the Author calls them Turbidum hominum genus.

Concessi (a word much used in Convey­ances) In Law it creates a Covenant, as Dedi does a Warranty. Coke on Littl. fol. 384.

Concord (Concordia, Agreement) Is, by a peculiar signification, defined to be the very Agreement between Parties, who intend the levying a Fine of Lands one to the other, how, and in what manner the Land shall pass. But in the form of it, many things are to be considered. West, pa. 2. Symb. tit. Fines and Concords, Sect. 30. whom read at large.

Concord is also an Agreement made (upon any Trespass committed) betwixt two or more; and is divided into a Concord Executory, and a Concord Executed. See Plowden, in Reniger and Fogassa's Case, fol. 5, 6, & 8. where it ap­pears by some opinion, That the one bindes not, as being imperfect; the other absolute, and ties the party: Yet by some other opinion in the same Case, it is affirmed, That Agree­ments Executory, are perfect, and binde no less then Agreements executed.

Concubinage (Fr.) Signifies properly the keeping a Whore for ones own filthy use; but it is used as an exception against her, who sues for Dower, alleaging thereby that she was not Wife lawfully married to the party, in whose Lands she seeks to be endowed, but his Concubine. Britton, cap. 107. Bracton, lib. 4. tract. 6. cap. 8.

Conders (from the Fr. Conduire, i. to con­duct) Are such as stand upon high places, near the Sea-coast, at the time of Herring-Fishing, to make signs with Boughs, &c. to the Fishers, which way the shole of Herrings passeth, which may better appear to such as stand upon some high Cliff on the shore, by a kinde of blew colour they cause in the Water, then to those that are in the Ships. These are otherwise cal­led Huers, (of the Fr. Huyer, i. Exclamare) and Balkers, Directors, and Guiders, as appears by the Statute 1 Jac. cap. 23.

Condition (Conditio) Is a Manner, Law, Quality, or Restriction annexed to Mens Acts, qualifying or suspending the same, and making them uncertain, whether they shall take effect, or no. West, pa. 1. Symb. lib. 2. sect. 156. In a Lease there may be two sorts of Conditions; Condition collateral, or Condition annexed to the Rent. Coke, lib. 3. Penants Case, fol. 64. Col­lateral Condition, is that which is annexed to any Collateral Act, as, that the Lessee shall not go to Paris. Ibidem, fol. 65. Condition is al­so divided into Condition in Deed or Fact, and Condition in Law; which otherwise may be termed Condition expressed, and Condition implied. Perkins, tit. Conditions.

Condition in Deed, Is that which is knit and annexed by express words to the Feoffment, Lease, or Grant, either in writing, or without writing: As if I enfeoff a Man in Lands, re­serving a Rent to be paid at such a Feast, upon Condition, if the Feoffee fail of payment at the day, then it shall be lawful for me to re­enter.

Condition Implied, which is called a Condi­tion in Law, Is when a Man Grants to another the Office of Keeper of a Park, Steward, Bai­liff, or the like for Life, though there be no Condition at all expressed in the Grant; yet the Law makes one covertly, which is, if the Grantee does not justly execute all things per­taining to his Office by himself, or his sufficient Deputy, it shall be lawful for the Grantor, to enter and discharge him of his Office. See Littleton, lib. 3. cap. 5.

Cone and Key. Bracton, lib. 2. cap. 37. num. 3. Foemina in tali atate (i. 14 & 15 Anno­rum) potest disponere Domui suae & habere Cone & Key. Colne in the Saxon, signifies Cal­culus, computus; and Key, clavis. So that a Woman was then held to be of competent years, when she was able to keep the Accounts and Keys of the House; and Glanv. lib. 7. cap. 9. hath somewhat to the same purpose.

Confederacy (Confederatio) Is when two or more confederate or combine themselves to do any damage to another, or to commit any unlawful act. And though a Writ of Conspi­racy does not lie, if the party be not indited, and in lawful manner acquitted, for so are the words of the Writ; yet false confederacy be­tween divers persons shall be punished, though nothing be put in execution, which appears by the Book of 27 Assis. Placit. 44. where two w [...]e indited of Confederacy, each to maintain [Page] other, whether their matter were true or false, and though nothing were supposed to be put in practise, the Parties were enjoyn'd to an­swer, since the thing is forbidden by Law. So in the next Article, in the same Book, enquiry shall be made of Conspirators and Confederators, which binde themselves together, &c. This Confederacy, punishable by Law before it be executed, ought to have four incidents. First, It must be declared by some matter of prose­cution, as by making of Bonds or Promises the one to the other: 2. Malicious, as for un­just revenge. 3. It ought to be false, against an innocent. Lastly, to be out of Court, voluntary. Terms de la Ley.

Confirmation (Confirmatio) Is a strength­ning or confirming an estate to one, who hath the possession, by a voidable Title, though not at present void. As, a Bishop grants his Chancellorship by Patent for term of the Pa­tentees life: This is no void grant, but void­able by the Bishops death, except it be strength­ned by the Dean and Chapters Confirmation. See more of this in West, pa. 1. Symb. lib. 2. sect. 500. Fitz. Nat. Br. fol. 169. b. and Littleton, lib. 3. cap. 9.

Confiscate, From the Lat. Confiscare, and that from Fiscus, which originally signifies a Hamper, Pannier or Basket; but Metonymi­cally the Emperors Treasure, which was an­ciently kept in such Hampers; and though our King keeps not His Treasure in such things, yet (as the Romans said) such Goods as were for­feited to the Emperors Treasury for any offence, were Bona confiscata, so say we of those that are forfeited to our Kings Exchequer. And the title to have these Goods, is given the King by the Law, when they are not claimed by some other. As, if a Man be indited for feloniously stealing the Goods of another, where in truth they are the proper Goods of him indited, and they are brought in Court against him; who, being asked what he saith to the said Goods, disclaims them. By this Disclaimer he shall lose the Goods, though he be afterwards ac­quitted of the Felony, and the King shall have them as Confiscate; but otherwise, if he had not disclaimed them. So where Goods are found in the Felons possession, which he dis­avows, and afterwards is attainted of other Goods, and not of them, there the Goods which he disavows, are Confiscate to the King; but had he been attainted of the same Goods, they should have been said forfeited, not Con­fiscate, notwithstanding his disavowment. See more in Stamf. Pl. Cor. lib. 3. cap. 24. Note, Confiscare & Forisfacere, are Synonyma; and Bona confiscata, are Bona forisfacta. 3 Inst. fol. 227.

Confrairie (Fr.) A Fraternity, Fellow­ship, or Society; as the Confrairie de Seint George, or de les Chivaliors de la bleu Jartier. Selden.

Confréeres (Fr. Confreres) Brethren in a Religious House; Fellows of one and the same House or Society. Anno 32 Hen. 8. cap. 24.

Congeable (from the Fr. Conge, i. Leave, Licence, or Permission) Signifies as much as lawful or lawfully done, or done with leave of permission, as, The entry of the Disseisee is conge­able: Littleton, sect. 410. and 2 par. Croke, fol. 31.

Conge d' [...]ccorder. (Fr. i. Leave to ac­cord or agree) I finde it in the Statute of Fines, An. 18 Edw. 1. in these words —When the Writ original is delivered in presence of the Parties before Justices, a Pleader shall say this, Sir Justice Conge d'Accor­der, and the Justice shall say to him, What saith Sir R. and shall name one of the Parties, &c.

Conge d'Eslire (Fr. i. Leave to chuse) Signifies the Kings Permission Royal to a Dean and Chapter, in time of Vacation, to chuse a Bishop, or to an Abbey or Priory of his own Foundation, to chuse their Abbot or Prior. Fitz. Nat. Br. fol. 169, 170.—Gwin, in the Preface to his Readings, says, The King of England, as Soveraign Patron of all Arch-Bishopricks, Bishopricks, and other Eccsesiasti­cal Benefices, had of ancient time free appoint­ment of all Ecclesiastical Dignities, whensoever they chanced to be void, investing them first per baculum & annulum; and afterwards by His Letters Patent, and that in process of time he made the Election over to others, under certain Forms and Conditions; as namely, that they should, at every vacation, before they chuse, demand of the King Conge d'Eslire, that is, Leave to proceed to Election, and then after the Election, to crave His Royal assent, &c. And he affirms, that King John was the first that granted this, which was afterward confirmed by Westm. 1. cap. 1. and again, by Articuli Cleri, cap. 2.

Congius, An ancient Measure of Six Sex­taries; which is about a Gallon, and a Pint. —Et reddat quinque Congios celia & unum Ydromelli, & triginta panes cum pertinentibus pulmentariis. Carta Edmundi Regis de Anno 946.

Conisance. See Cognizance.

Conisor alias Cognizor (Recognit [...]r.) Is used in the passing of Fines for him that ac­knowledges the Fine, and the Conizee is he to whom the Fine is acknowledged. Anno 32 Hen. 8. cap. 5. West. pa. 1. Symb. lib. 2. sect. 49. and Parte 2. tit. Fines, sect. 114.

Conjuration (Conjuratio) Signifies a Plot or Confederacy, made by some persons com­bining themselves together, by oath or promise, to do some publick harm. But it is more espe­cially used for the having personal conference with the devil, or some evil spirit, to know any secret, or to effect any purpose. Anno 5 Eliz. cap. 16. The difference between Con­juration and Witchcraft seems to be, because the one endeavors by Prayers and Invocation of Gods powerful names, to compel the divol to say or do what he commands him; the other deals rather by friendly and voluntary con­ference or agreement with the devil or familiar, [Page] to have her, or his desires served, in lieu of blood, or other gift offered him, ospecially of his or her Soul. And both these differ from Enchantments or Sorc [...]ries; because those are personal conferences with the Divel, as is said; and these are but Medicines and Ceremonial Forms of words (called commonly Charms) without Apparition. Cowel.

Consanguineo, Is a Writ, which see in the Reg. of Writs; de Avo. Pro avo, & Consanguineo, fol. 226.

Conservator of the Truce, and safe Con­ducts (Conservator induciarum & salvorum Regis Conductuum) Was an Officer appointed in every Sea-Port, under the Kings Letters Pa­tent, and had forty pound for his yearly stipend at the least. His charge was to enquire of all offences done against the Kings truce and safe Conducts upon the main Sea, out of the Fran­chises of the Cinque Ports, as the Admirals of Custom were wont, and such other things as are declared Anno 2 Hen. 5. cap. 6. Touching this matter also, see the Statute of 4 Hen. 5. cap. 7.

Conservator of the Peace (Conservator vel custos Pacis) Is he that hath an especial charge, by vertue of his Office, to see the Kings Peace kept: Which Peace, Lambert defines to be, a with-holding or abstinence from that injurious force and violence, which boisterous and un­ruly persons are, in their nature, prone to use towards others, were they not restrained by Laws, and fear of punishment: He farther adds, that before the time of King Edward the Third, who first erected Justices of Peace, there were sundry persons, who by the Commmon Law, had interest in keeping the Peace. Of those, some had that charge, as incident to the Offices they bore, and so included in the same, that they were called by the name of their Office onely; others had it simply as of it self, and were there­of named Custodes Pacis, Wardens, or Conser­vators of the Peace. The former and later sort he again subdivides in his Eyren, lib. 1. cap. 3. The Corporation of the great Level of the Fens, does consist of one Governor, Six Bai­liffs, Twenty Conservators and Commonalty; as by the Act of Parliament, 15 Car. 2. cap. 17. appears. The Chamberlain of Chester, is a Conser­vator of the Peace in that County, by vertue of his Office. 4 Inst. fol. 212. And Petty Con­stables are by the Common Law, Conservators of the Peace, &c. Conservators of the Privi­ledges of the Hospitalers, and Templers, &c. Westm. 2. cap. 43. See 4 Inst. fol. 341.

Consideration (Consideratio) Is the mate­rial cause, the Quid pro quo of any Contract, without which no Contract binds. This Con­sideration is either expressed, as if a Man bar­gain to give Five pounds for a Horse; or im­plied, as when the Law it self inforces a Con­sideration; as if a Man come into a Common Inn, and there stay some time, taking Meat and Lodging, or either for himself and his Horse, the Law presumes he intends to pay for both, though there be no express Contract be­twixt him and his Host; and therefore, if he discharge not the House, the Host may stay his Horse. Fulb. Paral. tract. Contracts, fol. 6.

Consistory (Consistorium) Signifies as much as Praetorium or Tribunal. It is commonly used for a Council-House of Ecclesiastical Persons, or the place of Justice in the Court Christian; a Session or Assembly of Prelates. Every Arch­bishop and Bishop of every Diocess, hath a Consistory Court held before his Chancellor or Commissary in his Cathedral Church, or other convenient place of his Diocess, for Ecclesia­stical Causes. See 4 Inst. fol. 338.—Sciatis vos omnes & caeteri mei fideles, qui in Anglia ma­nent, quod Espicopales Leges, quae non bene se­cundum Sanctorum Canonum praecepta, usque ad mea tempora, in Regno Anglorum fuerunt, communi Concilio Archiepiscoporum meorum & caeterorum Episcoporum & Abbatum & omnium Principum Regni mei, emendendas judicavi. Propterea mando & Regia Authoritate praecipuo, ut nullus Episcopus vel Archi-Deaconus de Legi­bus Episcopalibus amplius in Hundret placita teneant, nec causam, quae ad regimen animarum pertinet, ad judicium secularium hominum ad­ducant, &c. This Law, made by the Conqueror, seems to give the original of the Bishops Con­sistory, as it sits with us divided from the Hun­dred or County-Court, wherewith in the Saxon time it was joyned. And, in the same Law of his, is further added, Hoc etiam defendo, ut nullus laicus homo de Legibus quae ad Episcopum pertinent, se intromittat, &c. Seldens Hist. of Tithes, pag. 413, 414.

Consolidation (Consolidatio) Is used for the combining and uniting two Benefices in one. Broke, tit. Union, and Anno 37 Hen. 8. cap. 21. This word is taken from the Civil Law, where it signifies properly an uniting of the possession, occupation, or profit, with the property. As, if a Man have by Legacy Usum-fructam fundi, and afterwards buy the Property or Fee-simple (as we call it) of the Heir; this is called a Consolidation. See Union, and Unity of Pos­session.

Conspirators, Are (according to the Sta­tute) those that do confeder, or [...]ind them­selves by Oath, Covenant, or other Ali­ance, that every of them shall aid, and hear the other, falsly and maliciously to indite, or cause to indite, or falsly to move or maintain Pleas: And also such as cause Children within age, to Appeal Men of [...]elony, whereby they are imprisoned and sore grieved; and such as retain Men in the Countrey, with Liveries or Fées to main­tain their malicious enterprises: And this extendeth as well to the takers, as to the givers. And Stewards and Bailiffs of great Lords, which by their Seigniory, Office, or Power, undertake to hear or maintain Quarrels, Pleas, or Debates that concern other Parties, then such as touch the estate of their Lords, or them­selves. Anno 33 Edw. 1. Stat. 2.—2 Part. Inst. [...]ol. 384. and 562.

[Page] Conspiracy (Conspiratio) Though both in Latin and French, it be used for an Agreement of Men to do any thing, either good or bad; yet in our Law-Books, it is always taken in the evil part. Anno 4. Edw. 3. cap. 11.—3 Hen. 7. cap. 13.—1 Hen. 5. cap. 3. and 18 Hen. 6. cap. 12. As also New Book of Entries, verbo Conspi­racy. In which places, Conspiracy is taken more generally, and confounded with Maintenance and Champerty; but, in a more special signi­fication, it is used for a Confederacy of two, at the least, falsly to endite one, or to procure one to be endited of Felony. And the punishment of it, upon an Indictment of Felony, at the Kings suit, anciently was, That the party at­tainted, lose his Frank-Law, to the end, he be not empannel'd upon Juries or Assizes, or such like employments, for testifying the truth; and if he have to do in the Kings Court, that he make his Atturney; and that his Lands, Goods, and Chattels be seised into the Kings hands, his Lands estreaped (if he finde no bet­ter favor) his Trees raced, and his Body com­mitted to prison. 27 Lib. Assis. 59. Cromptons Just. of Peace, fol. 156. b. This is called Vil­lanous Judgment or Punishment. See Villanous Judgment. But if the party grieved, sue upon the Writ of Conspiracy, then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight; As Conspiracies made by Victualers, touching selling of Victuals, shall be grievously punished. See 37 Hen. 8. 23. and 3 Part. Inst. fol. 143.

Conspiratione, Is a Writ that lies against Conspirators. Fitz. Nat. Br. fol. 114. d. Cromp­tons Jurisd. fol. 209. See also the Register, fol. 134.

Constable (Constabularius) Is a Saxon word compounded of Cuning or Cyng, and Staple, which signisie the stay and hold of the King. Lamb. Duty of Constables, num. 4. But I have seen it derived from Comes Stabuli, which seems more probable; because we had this Officer, and many others from the Caesarean Laws, and Customs of the Empire, as well as from the Saxons.

This word is diversly used, First for the Constable of England, of whose great Dignity and Authority, we may finde many proofs in the Statutes and Chronicles of this Realm. His Function consists in the care of the common Peace of the Land, in Deeds of Arms, and Matters of War. Lamb. ubisupra. With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says, To the Court of the Constable. and Marshal, it appertains to have Conusance of Contracts and Deeds of Arms and of War, out of the Realm, and also of things that touch War within; as Combats, Blasonry of Arms, &c. But it may not meddle with Battel in Ap­peals, nor generally with any other thing that may be tryed by the Law of the Land. See For­tescu, cap. 32. and 4 Inst. fol. 123.

Out of this High Magistracy of Constable of England (says Lambert) were drawn those Inferior Constables, which we call Constables of Hundreds and Franchises; and first ordained by the Statute of Winchester, Anno 13 Edw. 1. which appoints for conservation of the Peace, and view of Armor, two Constables in every Hundred and Franchise, which in Latin are called Constabularii Capitales, High Constables; because continuance of time and increase, both of People and Offences, hath, under these, made others in every Town called Petit-Constables, in Latin Sub-Constabularios, which are of like nature, but of Inferior Authority to the other. The making of a Petty Constable belongs to the Lords of divers Mannors, Jure Feudi. Of these, read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places, called by this name, as Constable of the Tower. Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer, Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle, Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly, as Lambert Notes, though confounded in name with the other. See the Statute Anno 32 Hen. 8. cap. 38.—Manwood, par. 1. cap. 13. mentions a Constable of the Forest.

Constat (Lat.) Is the name of a kinde of Certificate, which the Clerk of the Pipe, and Auditors of the Exchequer make, at the request of any person, who intends to plead or move in that Court, for discharge of any thing. Anno 3 & 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record, touching the mat­ter in question, and the Auditors Fee for it, is 13 s. 4 d.

A Constat is held to be Superior to a Certi­ficat, because this may erre or fail in its Con­tents, that cannot; as certifying nothing, but what is evident upon Record. Also, the Exem­plification under the Great Seal of the Inrol­ment of any Letters Patent is called a Constat. Coke on Littl. fol. 225. b. The difference be­tween a Constat, Inspeximus & Vidimus, you may read at large in Pages Case. Cokes fifth Re­port.

Consuetudinibus & Servitiis, Is a Writ of Right Close, which lies against the Tenant that deforceth his Lord of the Rent or Service due to him. Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs, fol. 159.

Consultation (Consultatio) Is a Writ whereby a Cause, being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian, to the Kings Court is returned thither again. For, if the Judges of the Kings Court, upon comparing the Libel with the sug­gestion of the party, finde the suggestion false, or not proved; and therefore, the Cause to be wrongfully called from the Court Christian, then upon this Consultation or Deliberation, they Decree it to be returned again; where­upon the Writ in this Case obtained, is called a Consultation. Of this you may read Reg. of Writs, fol. 44, 45.—Usque 58. Old Nat. Br. fol. 32. Fiiz. Nat. Br. fol. 50. The Statute of [Page] the Writ of Consultation, Anno 24 Edw. 1. and 2 Part. Inst. fol. 105.

Contenement (Contenementum, As— Sal­vo contenemento suo, Mag. Cha. cap. 14.) Sig­nifies his Countenance, Credit, or Reputation, which he hath, together with, and by reason of his Freehold; and in this sence does the Sta­tute of 1 Edw. 3. and Old Nat. Br. use it, where Countenance is used for Contenement: The Armor of a Soldier is his Countenance; the Books of a Scholler, his Countenance, and the like. Coke, 2 Part. Inst. fol. 28. Bracton, lib. 3. Tract. 2. cap. 1. num. 3. And Sir Henry Spelman says, Contenementum est [...]stimatio & conditionis forma, qua quis in Repub. subsistit.

Contingent Use, Is a Use limited in a Conveyance of Land, which may, or may not happen to Vest; according to the contingency expressed in the Limitation of such Use. See Chudleighs Case, in Cokes 1 Rep.

Continuance, Is as Prorogatio in the Civil Law. For example, Continuance until the next Assise. Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said, if a Record in the Treasury be alleaged by the one party, and denied by the other, a Certiorari shall be sued to the Treasurer, and the Chamberlain of the Exchequer, who, if they certifie not in the Chancery, That such a Record is there, or that it is likely to be in the Tower, the King shall send to the Justices, repeating the Certificate, and will them to continue the Assise. In this signification, it is likewise used by Kitchin, fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action, is from one Term to another, in case where the Sheriff hath not returned or executed a former Writ, issued out in the said Action.

Continual Claim, Is a Claim made from time to time, within every year and day, to Land, or other thing, which in some respect, we cannot attain without danger. As, if I be disseised of Land, into which, though I have a right, I dare not enter for fear of beating, it behoves me to hold on my right of Entry at my best opportunity, by approaching as neer it as I can, once every year, as long as I live, and so I save the right of Entry to my Heir. See more in Littleton, verbo, Continual Claim, and the New Book of Entries, ibidem. And Fleta, lib. 6. cap. 53.

Continuando, Is a word used in a special Declaration of Trespass, when the Plaintiff would recover damages for several Trespasses in the same Action: For, to avoid multiplicity of Sutes, a Man may in one Action of Trespass, recover damages for forty or more Trespasses, laying the first to be done with a Continuance to the whole time, in which the rest of the Tres­passes were done; and is in this Form, Con­tinuando transgressionem praedictam, &c. [...] prae­dict [...] die, &c. Usque such another day, inclu­ding the last Trespass.

Contours. See Countors.

Contrabanded Goods (from contra, and the Ital. Bando, an Edict or Proclamation) Are those which are prohibited by Act of Parlia­ment, or Proclamation, to be imported into, are exported out of this, or other Nations.

Contract (Contractus) Is a Covenant or A­greement between two, with a lawful Conside­ration or Cause. West, pa. 1. Symb. lib. 1. sect. 10. As if I sell my Horse for Money, or Co­venant, in consideration of 20 l. to make you a Lease of a Farm; these are good Contracts, because there is Quid pro quo.

Usurious Contract, Is a Contract to pay more interest for any Money, then the Laws and Sta­tutes of this Realm allow. It is a Devastavit in an Executor, to pay a Debt upon an Usurious Contract. Noys Reports, fol. 129.

Contrafaction (Contrafactio) A Counter­feiting. As Contrafactio sigilli Regis.

Contra formam Collationi [...], Was a Writ that [...]ay against an Abbot, or his Successor, for him or his heir, who had given Land to an Abbey for certain good uses, and found a Fe­ofment made thereof by the Abbot, with as­sent of the Tenants, to the Dis [...]herison of the House and Church. This was founded on the Statute of Westm. 2. cap. 41. See Reg. of Writs, fol. 238. and Fitz. Nat. Br. fol. 210.

Contra formam Feoffamenti, Is a Writ that lies for the Heir of a Tenant enseoffed of certain Lands or Tenements, by Charter of Feoffinent of a Lord, to make certain Services and Sutes to his Court, and is afterward di­strained for more, then is contained in the said Charter. Reg. of Writs, fol. 176. Old Nat. Br. fol. 162.

Contributione facienda, Is a Writ, that lies, where more are bound to one thing, and one is put to the whole burden. Fitzh. (Nat. Br. fol. 162.) brings these examples, If Tenants in Common or Joynt, hold a Mill Pro indiviso, and equally take the profits thereof, the Mill falling to decay, and one or more of them re­fusing to contribute towards its reparation, the rest shall have this Writ to compel them. And if there be three Coparceners of Land, that ow sute to the Lords Court, and the eldest per­forms the whole, then may she have this Writ to compel the refuser to a Contribution. Old Nat. Br. (fol. 103.) frames this Writ to a Case, where one onely sute is required for Land, and that Land being sold to divers, sute is required of them all, or some of them by Distress, as intirely, as if all were still in one. See Reg. of Writs, fol. 176.

Controller (Fr. Contrerolleur) We have divers Officers of this name; as Controller of the Kings House, Anno 6 Hen. 4. cap. 3. Controller of the Navy, 35 Eliz. cap. 4. Controller of the Custom, Cromp. Jurisd. fol. 105. Controller of Calis, 21 Rich. 2. cap. 18. Controller of the Mint, 2 Hen. 6. cap. 12.

Controller of the Ha [...]per, Is an Officer in the Chancery attending the Lord Chancellor daily in the Term time, and upon Seal days. Hia Office is to take all things sealed from the Clerk of the Hanaper, inclosed in Bag [...] of Leather, and to note the just number and effect of all [Page] things so received, and enter the same in a Book, with all the duties, appertaining to His Majesty, and other Officers for the same, and so charges the Clerk of the Hanaper with it.

Controller of the Pipe, Is an Officer of the Exchequer, who writes out Summons twice e­very year to the Sheriffs to levy the Farms, and Debts of the Pipe, and keeps a Controlment of the Pipe, and was anciently called Duplex Ingrossator.

Controller of the Pell, Is also an Officer of the Exchequer, of which sort there are two, viz. The two Chamberlains Clerks, that do or should keep a Controlment of the Pell, of re­ceipts and goings out: This Officer was origi­nally one, who took notes of any other Offi­cers accounts or receipts, to the intent to dis­cover him, if he dealt amiss, and was ordain­ed for the Princes better security; for proof whereof, read Fleta, lib. 1. cap. 18. And the Stat. 12 Edw. 3. cap. 3.

Controvor (Fr. Controuveur) He that of his own head, devises or invents false bruits, or feigned news. 2 Inst. fol. 227.

Convenable (Fr.) Agreeable, suitable, convenient or fitting. Anno 27 Edw. 3. Stat. 2. cap. 21. and 2 Hen. 6. cap. 2. See Coven­able.

Conventicle (Conventiculum) A little pri­vate Assembly or Meeting, for exercise of Re­ligion; first, attributed in disgrace to the Schools of Wickcliff in this Nation, above 200 years since, and now applied to the Illegal Meetings of the Non-conformists, and is men­tioned in the Stat. 1 Hen. 6. cap. 3. and 16 Car. 2. cap. 4.

Conventio, Is a word much used both in Ancient and Modern Law-pleadings, for an Agreement or Covenant: For example, take this pleasant Record.

Ex libro Rotulorum Curiae Manerii de Hatfield (juxta Insulam de Axholme) in Com. Ebor.

Conventione, Is a Writ that lies for the breach of any Covenant in writing. Reg. of Writs, fol. 185. Old Nat. Br. fol. 101. Fitz. (Nat. Br. fol. 145.) calls it a Writ of Covenant, who divides Covenants into personal and real, making a discourse of both, as also how this Writ lies for both.

Conventuals, Are those Religious Men, who are united together in a Convent or Religious House. See Frier Observant.

Conventual Church. See Parish.

Convict (Convictus) Is he that is found guil­ty of an O [...]fence by Verdict of a Jury. Stamf. Pl. Cor. fol. 186. yet Crompton, out of Judge Dyers Commentaries, 275, saith, That Convicti­on is, either when a Man is outlawed, or ap­pears, and confesseth, or else is found guilty by the Inquest. Cromp. Jus [...]. of Peace, fol. 9. Conviction and Attainder are often confounded. See Attaint and Attainted.

A Convict Recusant, Is one that hath been legally presented, indicted and convic [...] for re­fusing to come to Church to hear the Common-Prayer, according to the Statutes. 1 Eliz. 2.—23 Eliz. 1 and 3 Jac. 4. And these are commonly understood to be Popish Recusants; though any others, that refuse to come to Church for the purpose aforesaid, may as properly be called Recusants. See Ju [...]y.

Convocation (Convocatio) Is the Assembly of all the Clergy to consult of Ecclesiastical Matters in time of Parliament: And as there are Two Houses of Parliament; so are there Two Houses of Convocation; the one called the Higher Convocation House, where the Arch­bishops and Bishops sit severally by themselves, the other the Lower Convocation House, where all the rest of the Clergy sit. Anno. 25 Hen. 8. cap. 19. See Prolo [...]utor.

Conusance. See Cognisance.

Conusant (Fr. Cognoissant) Knowing, un­derstanding, apprehending.— If the son be Conusant, and agrees to the Fe [...]ment, &c. Coke on Littl. fol. 159. b.

Conusor. See Cognizor.

Coopertura, A Thicket or Covert of Wood. Carta de Foresta, cap. 12.

Ca [...]ceners (Farticip [...]s) Otherwise called Parceners, are such as have equal portion in the inheritance of their Ancestor. Littleton (lib. 3.) says, Paroenors are either by Law, or by Custom; Parcenors by Law, are the issue Female, which (in default of Heir-male)▪ come in equality to the Lands of their A [...]. Bracto [...], lib. 2. cap. 30. Parce [...]rs by Cust [...] are those, who by custom of the Country, challenge equal part in such Lands, as in Kent, by [...]vol­kind. Of these you may read more at large in [Page] Littl. lib. 3. cap. 1. & 2. and Brittan, cap. 27. The Crown of England is not subject to Copar­cinery. Anno 25 Hen. 8. cap. 22.

Cope, Is a Custom or Tribute due to the King, or Lord of the Soil, out of the Lead-Mines in the Wapentake of Wirksworth in Com. Derby; of which, thus Mr. Manlove in his Treatise of those Liberties and Customs, Printed 1653.

Copia libelli deliberanda, Is a Writ that lies in Case, where a Man cannot get the Copy of a Libel at the hands of the Judge Ecclefia­stical. Reg. of Writs. fol. 51.

Copihold (Tenura per Copiam Rotuli Curiae) Is a Tenure for which the Tenant hath nothing to shew, but the Copy of the Rolls made by the Steward of his Lords Court. For, as the Ste­ward enrols and makes Remembrances of all other things done in the Lords Court; so he does also of such Tenants as are admitted in the Court, to any parcel of Land or Tenement belonging to the Mannor, and the Transcript of this, is called the Court-Roll, the Copy where­of the Tenant keeps, as his onely evidence. Coke, lib. 4. fol. 25. b. This is called a Base Te­nure, because it holds at the Will of the Lord. Kitchin, fol. 80. cap. Copiholds. Fitzh. (Nat. Br. fol. 12.) says, It was wont to be called Te­nure in Villenage, and that Copihold is but a new name; and yet it is not simply at the Will of the Lord, but according to the Custom of the Mannor. So that if a Copiholder break not the Custom of the Mannor, and thereby forfeit his Tenure, he seems not so much to stand at the Lords curtesie for his right, that he may be displaced at his pleasure. These Customs are infinite, varying in one point, or other, almost in every several Mannor.

Copiholders do upon their Admittances, pay a Fine to the Lord of the Mannor, of whom the Lands are holden, which Fines are in some Mannors certain, in others incertain: Those which are incertain, the Lord rates at what Fine he pleaseth; but if it exceeds two years value, the Courts of Chancery, Kings Bench, Common Pleas, or Exchequer, have in their several Jurisdictions, power to reduce the Fine unto two years value.

Copiholds, are a kinde of Inheritance, and called in many places Customary; because the Tenant dying, and the hold being void, the next of the Blood, paying the Customary Fine, as Two shillings for an Acre, or such like, may not be denied his admission. Secondly, some Copiholders have by Custom, the Wood grow­ing upon their own Land, which by Law they could not have. Thirdly, Others hold? by the Verge in ancient Demesns, and though they hold by Copy, yet are they in account a kinde of Freeholder; for if such a one commit Fe­lony, the King hath Annum, diem & vastum, as in case of Freehold; some others hold by Common Tenure, called Meer Copihold, whose Land, upon Felony committed, Escheats to the Lord of the Mannor. Kitchin, fol. 81. Cha. Tenants per Verge in ancient Demesn. This is the Land, which (in the Saxons time) was cal­led Folkland. West, (Par. 1. Symbol. lib. 2. sect. 646.) says, A Copiholder is he who is ad­mitted Tenant of any Lands, or Tenements within a Mannor, which, time out of minde, by the use and custom thereof, have been Demisable to such as will take the same, by Copy of Court-Roll, according to the custom of the said Mannor, &c. Where you may read more on this subject, see Freebench.

Coram non judice,—In a Cause where­of they (the Judges) have not any Jurisdiction, and then it is Coram non judice. 2 Part. Croke, fol. 351. Powels Case.

Coraage (Coraagium) Is a kinde of Impo­sition extraordinary, growing upon some un­usual occasion, and it seems to be of certain Measures of Corn. For Corus tritici, is a Measure of Corn. Bracton, lib. 2. cap. 116. num. 6. Who in the same Chapter, num. 8. hath these words.— Sunt etiam quaedam communes prae­stationes, quae servitia non dicuntur, nec de con­suetudine veniunt, nisi cum necessitas intervene­rit, vel cum Rex venerit; sicut sunt Hidag [...]a, Coraagia, & Carvagia, & alia plura de necessi­tate & ex consensu communi totius Regni intro­ducta, &c.

Cord of Wood, Ought to be eight foot long, four foot broad, and four foot high, by Statute.

Cordage (Fr.) Is a general application for Stuff to make Ropes, and for all kinde of Ropes belonging to the Rigging of a Ship. Mentioned 15 Car. 2. cap. 13. Seamans Dicti­onary.

Cordiner (vulgarly Cordwaner) From the Fr. Codovannier, a Shoo-maker, and is so used in divers Statutes, as 3 Hen. 8. cap. 10.—5 E­jusdem, cap. 7. and others.

Cornage (Cornagium from Cornu, a Horn) Was a kinde of Grand Serjeanty; the ser­vice of which Tenure, was to blow a Horn when any Invasion of the Scots was perceived. And by this many Men held their Land Northward, about the Picts-wall. Camd. Britan. pag. 609. and Littleton, fol. 35. But by Stat. 12 Car. 2. cap. 24. All Tenures are turned into free and common Soccage.

Sir Edward Coke (on Littl. fol. 107.) says, Cornage is also called in old Books Horngeld, but quaere, for they seem to differ much. See Horngeld, and 2 Inst. fol. 9.

Corner-Tile. See Gutter-Tile.

Corody or Corrody (Corrodium, from Corrodo) Signifies a sum of Money or allow­ance of Meat, Drink, and Cloathing, due to the King from an Abbey, or other House of [Page] Religion, whereof he is Founder, towards the reasonable sustenance of such a one of his servants, or vadelets, as he thinks good to bestow it on: The difference between a Corody and a Pension, seems to be, That a Corody is allowed towards the maintenance of any of the Kings servants in an Abbey; a Pension is given to one of the Kings Chaplains for his better maintenance, till he may be provided of a Benefice. Of both these, read Fitzh. Nat. Br. fol. 250. who sets down all the Corodies and Pensions certain, that any Abbey, when they stood, was bound to perform to the King.

Corody seems to be ancient in our Law; for in Westm. 2. cap. 25. it is ordained, that an Assisc shall lie for a Corody. It is also apparent by the Stat. 34 & 35 Hen. 8. cap. 26. That Corodies belonged sometimes to Bishops and Noblemen from Monasteries. Tenure in Frankalmoin was a discharge of all Corodies in it self. Stat. 1 Edw. 3. cap. 10. See 2 Part. Inst. fol. 630.

SCiant—quod nos Radulphus Abbas Mona­sterii S. Johannis de Haghmon & ejusdem loci Conventus, ad instanciam & speciale roga­tum excellentissimi & reverendissimi Domini no­stri Thomae Comitis Arundeliae & Surreiae, De­dimus—Roberto Lee unum Corrodium pro ter­mino vitae suae, essendo cum Abbate Monasterii praedicti Armigerum, cum uno Garcione & duobus equis; capiendo ibidem esculenta & po­culenta sufficientia pro scipso, sicut Armigeri Ab­batis, qui pro tempore fuerint, capiunt & perci­piunt; & pro Garcione suo, sicut Garciones Ab­batis & Armigerorum suorum capiunt & perci­piunt; capiendo etiam pro equis suis foenum & praebendam—Et quod idem Robertus habeat vesturam Armigerorum, &c. Dat. 3 Hen. 5. Mon. Angl. 2 par. fol. 933. a.

Corodio Habendo, Is a Writ, whereby to exact a Corody of an Abbey, or Religious. House. See Reg. of Writs, fol. 264.

Coronatore Eligendo, Is a Writ, which, after the death or discharge of any Coroner, is directed to the Sheriff out of the Chancery, to call together the Freeholders of the County, for the choice of a new Coroner, to certifie into Chancery, both the election, and the name of the party elected, and to give him his Oath. See Westm. 1. cap. 10. Fitzh. Nat. Br. fol. 163. and Reg. of Writs, fol. 177.

Coroner (Coronator a Corona) Is an ancient Officer of this Land (for mention is made of his Office in King Athelstans Charter to Bever­ley, Anno 925.) and is so called, because he deals wholly for the King and Crown. There are four of them commonly in every County, in some fewer, and in some Counties but one; they are chosen by the Freeholders of the same by the Kings Writ, and not made by Letters Patent. Crompt. Jurisd. fol. 126. This Officer, by the Statute of Westm. 1. cap. 10. ought to be a sufficient person, that is, the most wise and discreet Knight, that best would, and might attend upon such an Office, yea, there is a Writ in the Register, Nisi sit Miles, fol. 177. b. whereby it appears. it was sufficient cause to remove a Coroner chosen, if he were not a Knight, and had not a hundred shillings Rent of Freehold. The Lord Cheif Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person, i. wheresoever he abodes, Lib. Assisarum, fol. 49. Coke, lib. 4. Case of Wardens, &c. of the Sadlers, fol. 57. b. His Office especially concerns the Pleas of the Crown: But what anciently belonged to him, read at large in Bracton, lib. 3. tract. 2. cap. 5, 6, 7 & 8. Britton. cap. 1. Fleta, lib. 1. cap. 18. and Horns Mirror, lib. 1. cap. del Office del Coroners. But more aptly for the present times. Stamf. Pl. Cor. lib. 1. cap. 51.

There are also certain special Coroners within divers Liberties, as well as these ordinary Officers in every County; as the Coroner of the Verge, which is a certain compass about the Kings Court, whom Cromp. in his Jurisd. fol. 102. calls the Coroner of the Kings House; of whose Authority, see Cokes Rep. lib. 4. fol. 46. By certain Charters belonging to some Col­ledges and Corporations, they are licensed to appoint their Coroner within their own Pre­cincts. Of this Office, see also 4 Inst fol. 271. Smith de Rep. Angl. lib. 2. cap. 21. And Lamb. Eiren. lib. 4. cap. 3. pag. 380. And of the Coro­ners Office in Scotland, read Skene, verbo, Iter.

Corporal Oath. See Oath.

Corporation (Corporatio) A Body Politick, or a Body Incorporate; so called, because the persons are made into a Body, and of capacity to take, and grant, &c. And this Body Politick or Incorporate, may commence, and be esta­blished three manner of ways, viz. By Prescrip­tion, by Letters Patent, or by Act of Parlia­ment. Every Body Politick or Corporate, is either Ecclesiastical, or Lay: Ecclesiastical, ei­ther Regular, as Abbots, Priors, &c. or Secu­lar, as Bishops, Deans, Arch-Deacons, Parsons, Vicars, &c. Lay, as Major, Commonalty, Bailiffs, and Burgesses, &c. Also every Body Politick or Corporate, is either Elective, Pre­sentative, Collative, or Donative. And again, it is either sole or aggregate of many, which last is by the Civilians called Collegium or Uni­versitas. Coke on Littl. fol. 250. and 3 Inst. fol. 202.

Corpus Christi day, (being always on the next Thursday after Trinity Sunday) Is a Feast instituted by the Church, in honor of the Blessed Sacrament: To which also, a College in Ox­ford is dedicated. It is mentioned in 32 Hen. 8. cap. 21. By which Statute, Trinity Term is ap­pointed for ever to begin the Friday next after this Feast.

Corpus cum Causa, Is a Writ, issuing out of the Chancery, to remove both the Body and Record, touching the Cause of any Man lying in Execution, upon a Judgment for Debt, into the Kings Bench, &c. There to lie till he have satisfied the Judgment. Fitz. Nat. Br. fol. 251. E.

[Page] Corrector of the Staple, Is an Officer or Clerk belonging to the Staple, who Writes and Records the Bargains of Merchants there made. Anno 27 Edw. 3. Stat. 2. cap. 22. & 23. The Romans called them Mersarios.

Corrody. See Corody.

Corruption of Blood (Corruptio Sanguinis) Is an Infection growing to the State of a Man (attainted of Felony or Treason) and to his Issue: For, as he loseth all to the Prince, or other Lord of the Fee, as his case is; so his issue cannot be heirs to him, or to any other Ancestor by him. And, if he were Noble, or a Gentleman before, he and his children are thereby ignobled and ungentiled. But, if the King pardon the offender, it will cleanse the corruption of Blood in those Children, which are born after the Pardon, and they may in­herit the Land of their Ancestor, purchased at the time of the pardon, or afterward; but so cannot they, who were born before the pardon. Yet note, there are divers offences made Trea­son by Act of Parliament, whereof, though a Man be Attaint, yet his Blood, by Provisoes therein, is not corrupt, nor shall he forfeit any thing, but what he hath for his own life; for which, see the several Statutes of 5 Eliz. cap. 1, 11 & 14.—18 Eliz. cap. 1.—31 Eliz. cap. 4. and 1 Jac. cap. 12.

Corselet (Fr.) Signifies a little Body, in Latin Corpusculum. It is used with us for an Armor to cover the whole Body, or Trunck of a Man (Anno 4 & 5 Phil. & Ma. cap. 2.) where­with the Pikemen, commonly placed in the Front and Flanks of the Battle, are armed, for better resistance of the enemies assaults, and surer guard of the Gunners, placed behinde, or within them. See Barrets Discourse of War. Lib. 3. Dial. 2.

Cosenage (Fr. Cousinage, i. Kinred, Cosin­ship) Is a Writ that lies, where the Tresail (that is, Tritavus, the Father of the Besail, or Great Grand-father) being seised in Fee, at his death of certain Lands or Tenements, and dies; a stranger enters and abates, then shall his heir have this Writ of Cosenage. The form whereof, see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large, cap. 89.

Cosening, Is an offence, whereby any thing is done deceitfully in or out of Contracts, which cannot be fitly termed by any especial name. West, pa. 2. Symb. lit. Indictments, Sect. 68. It is called Stellionatus in the Civil Law.

Corsepresent (from the Fr. Corps presenté, i. the Body presented) Signifies a Mortuary, Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed, seems to be, That where a Mortuary, after any Mans Death, became due, the Body of the best or second Beast, was, ac­cording to the Custom, offered or presented to the Priest, and carried along with the Corps.

In nomine Patris & Filii & Spiritus sancti. Ego Brianus de Brompton Sen. Anno Domini MCCLXII. in vigilia Apostorum Simonis & Judae condo Testamentum meum. Volo corpus meum se­peliri in Prioratu Majoris Malverniae inter Prae­decessores meos, & cum corpore meo Palefridum meum, cum hernesio & Equum summarium, cum lecto meo, &c. In codice M. S. penes Gul. Dug­dale, Arm.

Cot, Is a kinde of Refuse Wool; so clung or clotted together, that it cannot be pulled a sunder. Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided, That neither Denizen, nor Foreiner, make any other refuse of Wools, but Cot, Gare, and Villein. Cot or Cote, sig­nifies also as much as Cotage in many places, and was so used by the Saxons, according to Ver­stegan.

Cotland alias Cotsetbland. Lib. Rames. Sect. 265.— Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Bene­dicto idem Hugo tenebat, unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe & unum Maignagium in foro ejusdem villa—Coth­sethlandam hic intelligo Cotae sedem & praedii quidpiam ad eandem pertinens. Spelman.— De una Cothlanda terrae in Wathford. Pat. 9 Edw: 2. par. 2. m. 2.

Cotage (Cotagium & Chota, from the Sax. Cote) Is a House without Land belonging to it. Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages, are called Cotagers. But by a later Statute of 31 Eliz. cap. 7. No Man may build a House, but he must lay four Acres of Land to it; so that a Cotage is properly any little House newly built, that hath not four Acres of Land belonging to it.— Dedit Cho­tam, & quendam campum junctum huic Chotae. Mon. Angl. 1 par. fol. 201. b.

Cottarius, A Cotager.

Coucher, Signifies a Factor, that continues in some place or Countrey for Traffick; as formerly in Gascoign, for buying Wines. Anno 37 Edw. 3. cap. 16. It is also used for the General Book, in which, any Religious House or Corporation Register their particular Acts. Anno 3 & 4 Edw. 6. cap. 10.

Covenable (Fr. Convenable) Fit, conve­nient, or suitable.— That every of the same thrée sorts of Fish, be good and covenable, as in old time hath béen used. 31 Edw. 3. Stat. 3. cap. 2. Plowden, fol. 472. a.

Covenant (Conventio) Is the Consent or Agreement of two or more in one thing, to do or perform somewhat. West, par. 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum, with the Civilians. Covenant is either in Law, or in Fact. Coke, lib. 4. Nokes Case, fol. 80. Or Covenant Express, and Cove­nant in Law. Idem, lib. 6. fol. 17. Covenant in Law, is that which the Law intends to be made, though it be not expressed in words: As if the Lessor demise and grant B. Acre to the Lessee for a certain term, the Law intends a Covenant on the Lessors part, that the Lessee shall, during the term, quietly enjoy his Lease against all lawful incumbrance. Covenant in Fact, is that which is expresly agreed between the parties. There is also a Covenant meerly per­sonal, [Page] and a Covenant real. Fitz. Nat. Br. fol. 145. who seems to say, a Covenant real is that, whereby a Man ties himself to pass a thing real, as Land or Tenements; or to levy a Fine of Land, &c. Covenant meerly personal is, where a Man Covenants with another by Deed, to build him a House, or any other thing, or to serve him, &c. See Conventio.

Covenant is also the name of a Writ, for which see Conventione, and New Book of En­tries, verbo Covenant.

NOverint omnes praesentes scriptum Cyrogra­phatum visur. vel auditur. quod xviii die April. Temporis gratiae MCCLX, ita convenit inter nos Hugonem de Okelesthorp & Adam silium Ade de Thowes, generum ejusdem Hugo­nis, sc. quod ego Adam non dabo, impignorabo, vendam, nec alienabo aliquam partem tenementi mei de quo fui vestitus & saisitus praedicto die, nec tenementi mihi contingentis nomine baereditatis, sine voluntate & assensu praedicti Hugonis vel haeredum suorum, Et quod amabiliter tractabo uxorem meam, filiam praedicti Hugonis; Et nisi fecero, ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fu­crit, secundum or dinationem dicti Hugonis. Omnia autem praescripta fideliter & sine fraude obser­vanda pro me & haeredibus meis, tactis sacrosanctis, juravi & affidavi; Et ne istud alicui hominum vertatur in dubium, nos praedicti Hugo & Adam sigilla nostra partium hiis mutuis scriptis apposui­mus. Hiis testibus, Stephano Sperry, tunc Cyro­graphar. Civitatis Ebor. Daniele de Tottie Cle­rico, Ricardo de Waleys de Acculum, Ade de Northfolch, Thomâ Edwyn Allutario de Ebor. & aliis. Ex M. S. penes Gul. Dugdale, Ar.

Covenant (Foedus) The late Solemn League and Covenant, first hatch'd in Scotland, was a Seditious Conspiracy, too well known to need any Explication; it was Voted Illegal and Irreligious by Parliament in May, 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm, against the known Laws and Liberties of the same.

Covent or Convent (Conventus) Signifies the Society or Fraternity of an Abby or Prio­ry; as Societas does the number of Fellows in a College. Bracton, lib. 2. cap. 35.

Coverture (Fr.) Any thing that covers, as Apparel, a Coverlet; but it is particularly applied to the state and condition of a married Woman, who by our Law is Sub potestate viri, and therefore disabled to contract with any, to the prejudice of her self or husband, without his consent and privity, or, at least, without his allowance and confirmation. Broke, hoc ti­tulo. Omnia quae sunt uxoris, sunt ipsius viri. Vir est caput mulieris. Sine viro respondere non potest. Bracton, lib. 2. cap. 15. & lib. 4. cap. 24. And if the husband alien the wifes Land, during the Coverture, she cannot gainsay it, during his life. See Cui ante divortium, and Cui in vita.

Covine (Covina) Is a deceitful Compact or Agreement between two or more, to preju­dice a third person. As if Tenant for Life conspires with another, that this other shall re­cover the Land which the Tenant holds, in prejudice of him in Reversion. Plow. Com. fol. 546.

Count (Fr. Conte) Signifies the original Declaration in a Real Action; as Declaration is, in a personal. Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both. Yet Count and Declaration are sometimes confound­ed, as Count in Debt. Kitchin, fol. 281. Count or Declaration in Appeal. Pl. Cor. fol. 78. Count in Trespass. Britton, cap. 26. See Declaration.

Countée (Fr. Comte. A Comitando, be­cause they accompany the King) Was, next to the Duke, the most eminent Dignity of a Sub­ject, before, as well as since, the Conquest; and those, who in ancient time, were created Coun­tees, were Men of great Estate and Dignity: For which cause, the Law gives them great priviledges; as, their persons may not be ar­rested for Debt, Trespass, &c. (because the Law intends, that they assist the King with their Council for the Publick Good, and preserve the Realm by their Prowess and Valor;) they may not be put upon Juries. If issue be taken, whether the Plaintiff or Defendant be a Coun­tee, or not, This shall not be tried by the Countrey, but by the Kings Writ. Also the Defendant shall not have a day of Grace against a Lord of the Parliament, because it is in­tended he attends the Publick. And of old the Countee was Praefectus, or Praepositus Comi­tatus, and had the charge and custody of the County, whose Authority the Sheriff now hath. Coke, lib. 9. fol. 49. And is therefore called Viscount. See Earl.

Countenance, Seems to be used for credit or estimation. Old Nat. Br. fol. 111. And likewise Anno 1 Edw. 3. Stat. 2. cap. 4. in these words, Sheriffs shall charge the Kings debtors with as much as they may levy with their Oaths without abating the debtors Countenance. See Contenement.

Counter (from the Lat. Computare) Is the name of two Prisons in London, the Poultry Counter, and Woodstreet Counter; whereinto if any enter, he is like to account ere he get thence.

Counter-mand, Is where a thing formerly executed, is afterward, by some Act or Cere­mony, made void, by the party that first did it. As, if a Man makes his last Will, and de­vises his Land to I. S. and afterward enfeoffs another of the same Land, here this Feoff­ment is a Countermand to the Will, and the Will void, as to the disposition of the Land.

Counter-plée, Signifies a Replication to Ayde Prier; For, when Tenant by curtesie in Dower, or other Real. Action, prays the View or Aid of the King, or him in the Reversion, for his better defence; or else, if a stranger to the Action begun, desires to be received, to say what he can for the safegard of his Estate, [Page] that which the Demandant alleageth against this request, why it should not be admitted, is called a Counter-plee. In which sence it is used, 25 Edw. 3. Stat. 3. cap. 7.

Counter-rols,—That Sheriffs shall have Counter-rols with the Coroners, as well of Appeals, as of Enquests, &c. Anno 3 Edw. 1. cap. 10.

Countors (Fr. Contours) Have been taken for such Serjeants at Law, as a Man retains to defend his cause, or speak for him in any Court for their Fee. Horns Mirror, lib. 2. cap. des Loy­ers. And of whom thus Chaucer,

They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a.

County (Comitatus) Signifies the same with Shire; the one coming from the French, the other from the Saxons, both containing a circuit or portion of the Realm, into which the whole Land is divided, for the better Go­vernment of it, and more easie Administration of Justice: So that there is no part of this Na­tion that lies not within some County, and every County is governed by a yearly Officer, whom we call a Sheriff. Fortescu, cap. 24. Of these Counties, there are four of special mark, which therefore are termed Counties Palatines, As Lancaster, Chester, Durham, and Ely. Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke, and of Hexam, Anno 33 Hen. 8. cap. 10. (which last, did belong to the Archbishop of York.)—This Act, nor any thing therein contained, shall not extend to the County Palatine of Hexam, within the County of Northumberland, ne to the County Palatine of Ely, within the Coun­ty of Cambridge, &c. But by the Stat. 14 E­liz. cap. 15. this County Palatine of Hexham was stript of its Priviledge, and reduced to be a part of the County of Northumberland. The cheif Governors of these Counties Palatines, by special Charter from the King, did hereto­fore send out all Writs in their own names, and did all things touching Justice, as absolutely as the Prince himself in other Counties, onely ac­knowledging him their Superior and Soveraign. But by the Statute 27 Hen. 8. cap. 24. This power is much abridged, to which I refer the Reader; as also to Cromp. Jurisd. fol. 137. and 4 Instit. fol. 204, & 221.

Besides these Counties of both sorts, there are likewise unto some Cities, some Territory, or Lands, or Jurisdiction annexed, as the County of Middlesex, by King Henry the First, to the City of London. The County of the City of York, Anno 32 Hen. 8. cap. 13. Chester, Anno 43 Eliz. cap. 15. Canterbury, Lamb. Eiren. lib. 1. cap. 9. Norwich, Worcester, Coventry, Exe­ter, &c. The County of the Town of King­ston upon Hull, 32 Hen. 8. cap. 13. Newcastle upon Tine, &c. The County of the Town of Haverford West, 35 Hen. 8. cap. 16.

County is, in another signification, used for the County Court, which the Sheriff keeps every Moneth, either by himself or his Deputy. Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton, lib. 3. cap. 7. and lib. 3. tract. 2. cap. 12.

The word Comitatus, is also used for a Juris­diction or Territory, among the Feudists.

County Court (Curia Comitatus) Is by Lambert otherwise called Conventus, and di­vided into two sorts; one retaining the gene­ral name, as, the County Court held every Moneth by the Sheriff, or his Deputy the Under-Sheriff. The other called the Turn, held twice every year; of both which, you may read in Cromp. Jurisd. fol. 231. This County Court had, in ancient times, the cognition of great matters, as may appear by Glanvile, lib. 1. cap. 2, 3, 4. by Bracton, and Britton in di­vers places, and by Fleta, lib. 2. cap. 62. but was abridged by Magna Charta, cap. 17. and much by 1 Edw. 4. cap. unico. It had also, and hath the Determination of certain Trespasses and Debts under Forty shillings. Britton, cap. 27. & 28.

Counting-House of the Kings Houshold (Domus Computus Hospitii Regis) Commonly called the Green-Cloth, in respect of the Green­cloth on the Table; where sit the Lord Ste­ward, the Treasurer of the Kings House, the Comptroller, Master of the Houshold, Coffer­er, and two Clerks Comptrollers; for daily taking the Accompts of all Expences of the Houshold, making provisions, and ordering payment for the same; for the good Govern­ment of the Kings Houshold Servants, and for paying the Wages of those below Stairs. Vide 39 Eliz. cap. 7. and 4 Inst. fol. 131.

Courratier (Fr.) A Horse-courser. 2 Inst. fol. 719.

Coursitour. See Cursiter.

Court (Curia) Signifies the Kings Palace, or Mansion; and more especially the place where Justice is judicially administred, of which, you may finde Thirty two several sorts in Cromptons Jurisdictions well described; where­of most are Courts of Record, some not, and therefore are accounted Base Courts, in com­parison of the rest. Besides these, there are also Courts Christian. Smith de Rep. Angl. lib. 3. cap. 6. which are so called, because they handle matters especially appertaining to Chri­stianity, and such as, without good knowledge in Divinity, cannot be well judged of, being held heretofore by Archbishops and Bishops, as from the Pope, because he challenged the superiority in all Causes Spiritual, but since his ejection, they hold them by the Kings Au­thority, Virtute Magistratus sui, as the Admiral of England doth his Court: Whereupon they send out their Precepts, in their own names, and not in the Kings, as the Justices of the Kings Courts do. And therefore, as the Appeal from these Courts did lie to Rome, now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery.

[Page] Court Baron (Curia Baronis) Is a Court, which every Lord of a Mannor (who in ancient times were called Barons) hath within his own Precincts. Barons in other Nations, have great Territories and Jurisdiction from their Sove­raigns. But here in England, what they are, and have been heretofore, see in Baron. Of this Court, and Court Leet, read Kitchin. Sir Edward Coke, lib. 4. among his Copihold Cases, fol. 26. b. says, That this Court is twofold after a sort; and therefore, if a Man, having a Mannor, grant the Inheritance of the Copi­holders to another, the Grantee may keep a Court for the Customary Tenants, and accept Surrenders to the use of others, and make both Admittances and Grants; the other Court is of Freeholders, which is properly called the Court Baron, wherein the suters, that is, the Free­holders are Judges; whereas of the other, the Lord or his Steward, is Judge.

Court of Py-powders. See Py-Powders.

Court of Requests (Curia Requisitionum) Was a Court of Equity, of the same nature with the Chancery, but inferior to it; princi­pally instituted for the relief of such Petition­ers, as in conscionable Cases, addressed them­selves by Supplication to His Majesty. Of this Court, the Lord Privy Seal was chief Judge, assisted by the Masters of Requests, and had be­ginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject. Mich. 40 & 41 Eliz. in the Court of Common Pleas, it was adjudged upon solemn Argument, That this Court of Requests, or the Whitehal, was no Court that had power of Judicature, &c. See 4 Part. Inst. fol. 97.

Court of the Legat, Was a Court ob­tained by Cardinal Woolsey, of Pope Leo the Tenth, in the Ninth year of Henry the Eighth, wherein he had power to prove Wills, and dis­pence with Offences against the Spiritual Laws, &c. And was but of short continuance.

Court Christian (Curia Christianitatis) So called, because, as in the Secular Courts, the Kings Laws do sway, and decide Causes; so in Ecclesiastical Courts, the Laws of Christ should rule and direct; for which Cause, the Judges in those Courts are Divines, as, Archbishops, Bishops, Arch-Deacons, &c. Linwoods words are these. In Curia Christianitatis, i. Ecclesiae, in qua servantur Leges Christi, cum tamen in foro regio serventur Leges mundi. 2 Part. Inst. fol. 488. See before in Court.

Court of Delegates. See Delegates.

Court of Chivalry (Curia Militaris) Other­wise called the Marshal Court; the Judges, of it, are the Lord Constable of England, and the Earl Marshal of England: This Court is the Fountain of the Marshal Law, and the Earl Marshal, is both one of the Judges, and to see execution done. See Constable, and 4 Part. Instit. fol. 123.

JEhan, filz, frere, & uncle au Roys, Duc de Bedford, & d'Anjou, Conte Richemond & de Kendal, & Conestable d'Angleterre, a nostre treschere Cousin Jehan Due de Norfolk, Mare­shal d'Angleterre salus. Nous vous mandons & chargeons qui vous facez arrestre & venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint Hillaire prochain venant William Clopton du Counte de Suffolke Esquier, pour adunques respondre devant nous ou nostre Lieutenant, en la Cour de Chivalrie, a Robert Eland Esquier de Counte de Norfolk de ce que le dit Robert adunques luy sur mettra par voie de Armes, ad & appose le Seel de ces Armes a un faux & forge fait, as domages du dit Robert de Cl. & plus a ce quil dit Remandantz par d'evers nous a dit jour, ove icest nostre mandement, tout ce que vous en aurez faitz. Donne soubz le seel du nostre Office le xxiii. jour de Nov. l'an du regne nostre Signieur le Roy sisme puis le Conquest cetisme.

Courtilage. See Curtilage.

Couthutlaugh (Sax. Couch, sciens, & Utlaugh, exlex) Is he that willingly receives a Man out-lawed, and cherishes or conceals him. In which case, he was, in ancient time, subject to the same punishment that the Outlaw himself was. Bracton, lib. 3. tract. 2. cap. 13. num. 2.

Cranage (Cranagium) Is a liberty to use a Crane for drawing up Wares from the Vessels, at any Creek of the Sea, or Wharff, unto the Land, and to make profit of it. It signifies also the Money paid and taken for the same. New Book of Entries, fol. 3.

Crastino Sancti Uincentii (i. the mor­row after the Feast of St. Vincent the Martyr, which is 22 Januarii) Is the date of the Sta­tutes made at Merton, Anno 20 Hen. 3.

Cravent or Craven. In a tryal by Battel, upon a Writ of Right, the ancient Law was, That the Victory should be proclaimed, and the vanquished acknowledge his fault, in the audience of the people, or pronounce the hor­rid word Cravant, in the name of Recreantise, &c. and presently Judgment was to be given, and after this, the Recreant should Amittere liberam legem, that is, He should become infa­mous, &c. See 2 Part. Instit. fol. 247, 248. We retain the word still for a Coward. If the Ap­pellant joyn Battel, and cry Craven, he shall lose liberain legem; but if the Appellee cry Cra­ven, he shall be hanged 3 Inst. fol. 221.

Crayer. Seems to be a kinde of small Sea-Vessel or Ship, mentioned in the Stat. 14 Car. 2. cap. 27.

Creansor (Creditor, of the Fr. Coyance, persuasio) Signifies him that trusts another with any debt, be it in Money or Wares. Old Nat. Br. fol. 67. Anno [...]8 Edw. 3. cap. 5.

Creast-tile. See Roof-tile.

Créek (Creca) Seems to be a part of a Ha­ven, where any thing is landed from the Sea. So that when you are out of the main Sea with­in the Haven, look how many Landing places you have, so many Creeks may be said to be­long to that Haven. See Cromp. Jurisd. fol. 110. a. This word is mentioned in the Stat. [Page] 2 Hen. 4. cap. 5. 5 Eliz. cap. 5. and 14 Car. 2. cap. 28. and in Plow. Casu, Ronyger & Fo­gassa.

Crocards, A sort of Money. See Pol­lards.

Croft (Sax) Croftus & Crofta, A little Close or Pitle, enclosed near a Dwelling House, for any particular use. Possunt etiam dicti Monachi de ersdem mariscis versus occidentem jacentibus, pro se & hominibus, sive tenentibus suis, inclu­dere Crof [...]os, sive pratum juxia pontem separa­litèr quantum illis placuerit. Ingulf. In some ancient Deeds Crufta occurs, as the Latin word for a Croft; but Cum Toftis & Croftis, is most frequent.

Crosses (Cruce signati) Are used by Brit­ton (cap. 122.) for Pilgrims, because they wear the sign of the Cross upon their Garments. Of these, and their Priviledges, read Bracton, lib. 5. p [...]. 2. cap. 2. and pa. 5. cap. 29. And the Grand Customary of Normandy, cap. 49. Under this word, are also signified the Knights of S. John of Jerusalem, created for the de [...]ence of Pil­grims; and all those worthy Men of the No­bility and Gentry of England, who in the Reigns of King Henry the Second, Richard the First, Henry the Third, and Edward the First, were Cruce signati, as dedicating and listing themselves to the Wars, for the recovery of Jerusalem, and the Holy Land. Greg. Syntag. lib. 1 [...]. cap. 13 & 14.

Euekingstool or Cokestool (Tumbrella) Is an Engin invented for the punishment of Scolds and unquiet Women, by Ducking them in the Water, called in ancient time a Tumbrel. Lamb. Eiren. lib. 1. cap. 12. Bracton writes this word Tymborella. Kitchin, (cap. Charge in Court Leet, fol. 13. a.) says, Every one having view of Frank-pledge, ought to have a Pillory, and a Tumbrel. This was in use even in our Saxons time, by whom it was called S [...]eal [...], and described to be Cathedra, in qua rixosae mu­lieres sedentes, aquis demergebantur: And was a punishment anciently inflicted upon Brewers and Bakers transgressing the Laws, who were thereupon, in such a Stool or Chair, to be duck­ed and immerged in Stercore, some muddy or stinking Pond.

Cudutlaugh. See Couthutlaugh.

Cut antè divortium, Is a Writ, which a Woman, divorced from her Husband, hath to recover Lands or Tenements from him, to whom her Husband did alienate them during the marriage, because, during the marrige, she could not gainsay it. Reg. of Writs, fol. 233. Fit [...]. Nat. Br. fol. 204.

Cui in vita, Is a Writ of Entry, which a Widow hath against him, to whom her Husband alienated her Lands or Tenements in his life time, which must specifie, that During his life, she could not withstand it. Reg. of Writs, fol. 232. Fitz. Nat. Br. fol. 193. See the New Book of Entries, verbo, Cui in vita.

Culagium, Is when a Ship is laid in the Dock to be repaired. M. S. Arth. Trevor, Arm. de Plac. Edw. 3.

Culvertage, (Culvertaginm, from Culum & vertere, to turn tail.) Omnes cum equis & armis jussit sub nomine Culvertagii convenire. Matth. Paris, fol. 233. That is, under the penalty of Cowardise, or being accounted Cowards. See Gloss. in x. Scriptores.

Cunage (Cunagium)—De Cunagio Stan­neriae, & de emptione totius Stanni in Com. De­von. & Cornub. Rot. Pat. 21 Edw. 3. See Coinage.

Cuneus, A Mint or place to Coyn Money in. Mandatum est Reginaldo de Cornhil, &c. Sciatis quod concessimus venerabili Patri nostro Cicestr. Fpiscopo, quod habeat Cuneum suum in Civitate Cicestriae, & quod currat donec nostri in eadem civitate currant, & tunc una cum illis currat. Et ideo vobis praecipimus, quod ei, vel certo nuncio suo Cuneum illum habere sine di­latione faciatis. [...]. 29 Apr. Claus. 6 Joh. m. 3.

Cuntey-Cuntey, Is a kinde of tryal, as appears by Bracton, in these words, Negotium in hoc casu terminabitur per Cuntey-Cuntey, si­cut inter Cohaeredes.—And, In brevi de recto ne­gotium terminabitur per Cuntey-Cuntey, which seems to be as much as the Ordinary Jury. Bracton, lib. 4. tract. 3. cap. 18.

Curfeu (Ignitegium) of the Fr. Couvrir feu, i. Cover the Fire) Signifies an Evening Peal, by which the Conqueror commanded every Man to take warning, for raking up his fire, and put­ting out his light: So that in many places at this day, where a Bell is customably rung to­wards Bed-time, it is said to ring Curfeu. Hil. 3 Rich. 2. Coram Rege, Rot. 8. London.

Curia. See Court.

Curia advisare vult, Is a Deliberation which the Court sometimes takes, before they give Judgment in a Cause, wherein there seems to be any point of difficulty; for which, see the New Book of Entries on this word.

Curia claudenda, Is a Writ that lies against him, who should fence and enclose his ground, if he refuse or defer to do it. Reg. of Writs, fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries, verbo Curia claudenda.

Curia Penticiarum. Id est, Curia in civi­tate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis. Pl. in Itin. apud Cestriam, 14 Hen. 7. It is probable this Court was originally held under a Pentice, or Shed covered with Bords, and thence took denomi­nation.

Curnock, Is four Bushels, or half a Quarter of Corn. Fleta, lib. 2. cap. 12.

Cursitors (Clerici de cursu) Of these there are in the Chancery twenty, who make out ori­ginal Writs, and are a Corporation of them­selves, and to every Clerk are appointed cer­tain Counties. 2 Inst. fol. 670.

Curtesie of England, (Jus Curialitatis An­gliae) Is where a Man takes a Wife, seised of Land in Fee-simple, Fee-tail general, or as Heir in Tail special, and hath issue by her, Male or Female, born alive; if the Wife die, the Husband shall hold the Land, during his [Page] life, by the Law of England, And he is called Tenant by the Curtesie of England; because this Priviledge is not allowed in any other Realm, except in Scotland, where it is called Curialitas Scotiae. See more upon this word in the Terms of the Law.

Curteyn (Curtana) Was the name of King Edward the Confessors Sword, which is the first Sword that is carried before the Kings of England, at their Coronation. Matth. Paris in Hen. 3. And it is said, the point of it is broken, which may argue an emblem of Mercy.

Curtilage (Curtilagium) Hortus olitorius, vel ubi olera leguntur. A Gardin; Yard, Back­side, or (as they call it in Herefordshire) a Fold. Persoluat (decimam) Lactis, hortorum, Curtila­giorum, Lanae, &c. Provinciale Angl. lib. 3. tit. de Decimis.— Et si in Curtilagio alicujus bla­dum seminaretur, decimam garbam illius bladi, sicut in campis percipiet. Inq. 36 Hen. 3. Mihi dici videtur Curtilagium (says Spelman) à Cur­tillum & ago, scil. locus ubi curtis vel curtilli ne­gotium agitur. It is mentioned Anno 4 Edw. 1. cap. unico. Anno 35 Hen. 8. cap 4. and 39 E­liz. cap. 2. See Coke, vol. 6. fol 64. a. and Bul­strodes Rep. 2 par. fol. 113.

Custode admittendo, & Custode amo­vendo, Are Writs for the admitting or re­moving of Guardians. Reg. of Writs, in in­dice.

Custodes libertatis Angliae Authoritate Parliamenti, Was the stile or title in which Writs, and other Judicial Proceedings did run, in the Rump time, that is, from the De­collation of King Charles the First, till the Vsurper Oliver was declared Protector, &c. men­tioned in the Statute of 12 Car. 2. cap. 3.

Custom (Consuetudo) hath the same signi­fication with us, as with the Civilians, being by both accounted a part of the Law. Consuctudo quandoque pro lege servatur (saith Bracton) in partibus uhi fuerit more utentium approbata; longavi enim temporis usus & consuetudinis non est vilis authoritas. Lib. 1. cap. 3. Custom is a Law or Right not written, which being established by long use, and the consent of our Ancestors, and those of our Kinred, that are Ultra Tritavum, hath been and daily is practised. So that allowing the Father to be so much older then his Son, as pubertas, or the years of generation require, the Grand-father so much elder then him, and so forth usque ad tritavum, we cannot say this or that is a Custom, except we can justifie, it hath continued so one hundred years: For tritavus must be so much elder then the party that pleads it; yet, be­cause that is hard to prove, it is enough for the proof of a Custom, if two or more wit­nesses can depose they heard their Fathers say, it was a Custom all their time, and that their Fathers heard their Fathers also say, it was so in their time. If it be to be proved by Re­cord, the continuance of one hundred years will suffice. Sir Jo. Davies Rep. in Praef. & fol. 32.

Custom is either general or particular: Ge­neral is that which is currant through England, whereof you shall read divers in Doctor and Student, lib. 1. cap. 7. Particular, is that which belongs to this or that Lordship, City, or Town.

Custom differs from Prescription, that being common to more; Prescription, for the most part, particular to this or that Man. Again, Prescription may be for a far shorter time, than Custom, viz. for five years or less. Out of our Statute you may have greater diversity, which see collected in Cowels Institutes, tit. de usucap. & longi temp. praescript.

Custom is also used for the Tribute or Toll (called Tonnage and Poundage) which Merchants pay to the King for carrying out, and bringing in Merchandise. Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signifi­cation it is Latined, Custuma. Reg. of Writs, fol. 138. a. and 4 Inst. fol. 29. And lastly, for such services, as Tenants of a Mannor ow to their Lord.

Custom-house, Is a House in London, where the Kings Customs are received, and the whole business, relating thereunto, transacted. Anno 12 Car. 2. cap. 4.

Customary Tenants (Tenentes per consuc­tudinem) Are such Tenants as hold by the Custom of the Mannor, as their special Evi­dence. See Copihold.

Custos brevium, Is an Officer belonging to the Court of Common Pleas, and made by the Kings Letters Patent, whose Office is to receive and keep all the Writs retornable in that Court, and put them upon Files, every return by it self, and to receive of the Proto­notaries all the Records of Nisi Prius, called the Postea's. For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary, who entered the Issue in that mat­ter, to enter the Judgment. And four days after the return thereof, (which is allowed to speak in Arrest of Judgment) the Protonotary enters the Verdict and Judgment, thereupon into the Rolls of the Court, and afterwards delivers them over to the Custos Brevium, who binds them into a bundle, and makes entry also of the Writs of Covenant, and the Con­cord upon every Fine; and maketh forth Exem­plifications and Copies of all Writs and Re­cords in his Office, and of all Fines lovied. The Fines after they are engrossed are thus di­vided between the Custos brevium, and the Chirographer; this always keeps the Writ of Covenant, and the Note; the other keeps the Concord, and the Foot of the Fine, upon which Foot, the Chirographer causeth the Pro­clamations to be endorsed, when they are pro­claimed. In the Court of Kings Bench there is likewise a Custos brevium & Rotulorum, who fileth such Writs as are there used to be filed, and all Warrants of Attorney, and transcribeth or maketh out the Records of Nisi Prius, &c.

Custos placitorum Coronae (Bracton, lib. 2. cap. 5.) Seems to be all one with him, whom [Page] we now call Custos Rotulorum.) Of which, I finde mention in the Writ De Odio & atia. Reg. of Writs, fol. 133. b.

Custos Rotulorum, Is he, who hath the custody of the Rolls or Records of the Sessions of Peace, and of the Commission of the Peace it self. He is always a Justice of Peace and Quorum, in the County, where he hath his Office; and by his Office, he is rather termed an Officer or Minister, then a Judge; because the Commission of the Peace, by express words, lays this special charge upon him, Quod ad dies & loca praedicta, Brevia, Praecepta, Processus & Indictamenta praedicta coram te & dictis sociis tuis venire facias. Lamb. Eiren. lib. 4. cap. 3. pag. 373. where you may read more touching this Office. Who shall appoint the Custos Rotu­lorum in every County. See 37 Hen. 8. cap. 1. and 3 & 4 Edw. 6. cap. 1. 2 Inst. fol. 674.

Custos of the Spiritualties (oustos spiri­tualitatis vel spiritualium) Is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Diocess, during the vacancy of the Sea; the appointment of whom, by the Canon Law, appertains to the Dean and Chapter. But with us in England, to the Archbishop of the Pro­vince by Prescription. Howbeit, divers Deans and Chapters (if Gwin say true in his Preface to his Readings) challenge this by ancient Char­ters from the Kings of this Land.

Cutter of the Talleys, Is an Officer in the Exchequer, that provides Wood for the Talleys, and cuts the sum paid upon them, and then casts the same into the Court, to be written upon.

Cyricsceat (Sax.) Vectigal Ecclesiae. Pri­mitias seminum quisque ex eo dato Domicilio; in quo ipso natali die domini commoratur. Spelm. de Concil. vol. 1. fol. 125. See Churchesset.