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Dictionary:
E
. ,
.

INTERPRETER OF
.'

WO.RPS
,

and

T& RMS,

Ufed

either in the

Common

ai

Statute lUttis
o F
I

GREAT BRITAIN,
A N D

'

'

V
.
;

Tenures and Jocular Cuftoms:

earned Dr.
this Edition vqjry

Cowel,

and

in

of

much Augmented and Improved, by the 'Action Thoufand Words, found in our many Hiffatjes, Antjquiti^s, Cartularies, Rolls, Regifters, and other Manufcripl*Records.
:*W
\ I

T H

AN

APPENDIX,
Two7 Tables
;
;

Containing

one of the antient Names

of Places in Great 'Britain^ and the other of the antient Surnames j Both of them very neceflary for the JJfe of all fych, as converfe with
antient Deeds, Charters, (jc.

In the

SAVOT;

Printed by E. and
for

R.Nutt, and R. Gosling, (Aflignsof E.Sayer, Efq,-) a&alt&oe, 28. JUntot, IB. 5oatng^ M. tiBeaiv, ca. and 31. 3Snn^0, aaooDUjam, f. Cla?, as. >gsbo?n,

cailliamfon,

a mavb
,

and

9.

25?otone.

MDCCXXVii.
1

L=

*&

^WWr^A, J&^ ^M"'^^t^

ft

JUL
#

1.5 19||

*
*

THE

PREFACE.
is only this Jnftice

due

to the

THERE
Work.
bred at Eaton
'

count of the firft Author;

and

oj

give a plain Acthe prefent Improvements of this

Reader;
'

to

guiflied

The firji Author was T)r. John Cowel, born in Devonshire, (a) and School, where by good 'Parts and agreeable Induftry, he difiinhimf 'from other 'Boys, and appeared worthy to be eleffed a Scholar elf

of King's College in Cambridge, 1570. poffibly committed to the Tuition of his Name-fake and Relation John Cowel, Fellow oj that Houfe, who bad been one of the Univerjity Proctors in the Tear 1 561. (b) Our Author feems here to have applied himfelf heartily to Books, anda good Tiigeftion of them. By which Jiuaious and virtuous Courfe of Life, he grew up to fo much Reputation and lntereft in the Univerjity,

the

that he had the Honour to be chofe one of the Proctors for Tear 1585. And having pafi the two T) egrets in Arts, he applied himfelf

in, to have Men of Abilities and Integrity in that-ProfeJJion. Being admitted to the Degree of TioUor of Laws in his own XJniverfity ; regularly he made a Vifit to Oxford, in the Tear 1 600, where he was incorporated by

Study of the Civil Law, by the Advice and Importunity of that eminent Bancroft, then ^Bijhop of Ldndon; (c) who had to find the Genius of our Author, and knew ihe Judgment great NeceJJity our
to the

and active Prelate Richard

Church

was

%*

Title LL. D. (d) His Reputation was now fo ejlablifbea, Government thought it Juftice to prefer him He wasfpade the King's Majeftys Profe (for of the Civil Law in the Univerjity of Cambridge ; and near the JameTime Majler of Trinity-Hall which two Stations in that P'lace of Rejidence, had as much Honour and Pjofit, as were pojffble to be there beftowed on a Man of that Profejfion. He executed the Office of Vice-Chan-

the

fame honourable

that* the

cellerjf

Cambridge 1603, 1604.

l&s chief Patron Bifhop Bancroft was advanced to the See of Canterbury in Decemb. 1604. where projelling many Things for the Intereft and Honour of the Church and State, he knew the greatefl Art in promoting publick Service, was to employ Men in their own Way. Upon this Motive, be folicited T)r. Cowel (e) to Jjhew hhnfelj an Antiquary, and an ufeful Man, by giving the Interpretation offuch Words and Terms, as created moft difficulty to the Students of our Ecclejiaftical, Civil, and Common Laws. Ihe Dooior would not difpute the Archbifloops Authority, nor excufe himfelf fromferving the Publick: And therefore fell upon the Work with fo much Edge and Application, that in proper Time he put his Collections into fit Method, and publifjjed them in giiarto at Cambridge under this Title:

The

is Interpreter, or Book containing the Signification of Words: Wherein and Terms, fet forth the true Meaning of all, or the moft Part of fuch Words as arc mentioned in the Law Writers, or Statutes of this Victorious and Re-

nowned Kingdom,
(a) Catal. Soe. Coll.
ttr,

requiring any Exposition or Interpretation.

A Work not
only

Reg. Cantab. MS.

Vol.
i.

1607.

(d)

Wood Athen. Oxon.

(b) Fafti Cantab. MS. (c) Epift. Dedicat. to the inttrfre(e) Epift. Dedic. to Interpreter, 1607p. 784.

The
John

PREFACE.
In legum obfcuritate captio.

but Neceffary for fuch as defire throughly to be inftructed in only Profitable, Collected by the Knowledge of our Laws, Statutes, or other Antiquities. and the King's Majefties Profeifor of the Civil Law in Cowel, Doftor,
the Univerfity of Cambridge.

At Cambridge,

Anno 1607. printed by John Legate,

'The Author thought it Juftice and Gratitude to commend his "Book to that 'Patron, by whofe Ad-vice and Encouragement he wrote it: And therefore prefixed this modejl Dedication.

To the moft Reverend

*

Father in God> his ejpecialgood Lord, the Lord Archbifhof of Canterbury, Primate and Metropolitan of all England, and one of his ofMajeffs moft Honourable
Council.

Privy
ce

long Deliberation, I hardly induced ray felf to crave your toward this fimple Work : Valuing it at fo low a gracious Protection of any grave Man, much lefs Price, as I think it hardly worth the Refpeft of fo honourable a Perfonage. Yet the Remembrance the favourable Afped of thofe your honourable Provocations, whereby, at my coming to your Grace from the Univerfity, you firft put me upon thefe Studies, at the laft by a Kind of Neceflity inforced me to this Attempt j becaufe I could not fee how well to avoid it, but by adventuring the hateful Note of Unthankfulnefs. For I cannot without Diflimularion, but confefs my felf perfuaded, that this poor PamStudents of both Laws, to whofe Adphlet may prove profitable to the young vancement that Way, I have of late addicted mine Endeavours elfe were I

AFTER

,-

howfoever Boldnefs in refpeft of I be exceedingly glad, it might pleafe your Grace to For he that mtopeth afcribe mine Intention to the Integrity of my Duty. truly well, and cannot perform much, muft needs rejoice at the good Accep tance of that little which he performeth. " All I crave for this at your Grace's Hands, is Patience and Pardon for this with the Continuance of thofe your many Favours, that hitherto Enterprize, to my great Comfort I have enjoyed. And fo my long Obfervation of your judicious Difpofition, having taught me, what fmall Delight you take in affected Complements, and verbal Commendation, without more Words, in all true humblenefs, I beefeech the Almighty long to continue your Grace in Health and Profperity, to his Glory, and the good of his Church.
the Subject, yet could

more than mad, to offer it to the World, and offer it without Mention of him, that by occafioning of this good, more or lefs, deferveth the prime Thanks, were to prove my felf unworthy of fo grave Advice. " I account this too much therefore

And

Tour Grace's at all Commandment,

John Cowel.
Firft Edition, a "Preface to the Readers, which omitted in later Editions, is the more being proper to be now inferted. Any Reader, that has a Relijhin thefe Matters, will be content that firft Draughts and Originals, floould be recovered and preserved. To

He prefixed like-wife to this

The
To the
Readers, I here offer

PREFACE. R EAD E R
my
felf to

S.

GEntle you

your Ccnfures, with no other Defire, than by For though I do profefs the Amplifying of their in this Kind, and have both Works, that have gathered at home, and from Abroad fome Ornaments for the better Embellifhing of our Englijh Laws ; brought fo vain, as to deny my Imperfections, nor fo as to be offended yet I am neither paflionate, true End is the Advancement of Knowat your Charitable Reformation. Nay, my and therefore have I publifhed this poor Work, not only to impart the Good ledge; thereof to thofe young Ones that want it ; but alfo to draw from the Learned the Supply of my Defects And fo by Degrees, if not my felf to finifh this Model, yet at the leaft by the Heat of Emulation to incenfe fome skilfuller Architect thereunto. Yea, I /hall think
to be admoniflied of

my gone before me

Faults.

my Pains fufficiently recompenfed, if they may be found but worthy to flir up one learned Man to amend mine Errors. The Civilians of other Nations have by their mutual [nduftries raifed this kind of Work
in their Profeffion, to

an unexpected Excellency. I have feen many of them that have bcftowed very profitable and commendable Pains therein And laftly one Cnlvinus a Doctor of Heidelberge, like a laborious Bee, hath gathered from all the Former, the beft Juice of And by this Example would their Flowers, and made up a Hive full of delectable Honey. I gladly incite the Learned in our Common Laws and Antiquities of England, yet to lend their Advice, to the gaining of fome comfortable Lights and Profpects toward the beautifythat hitherto hath been accompted (howfoever fubftantiaLJ yet ing of this ancient Palace, but dark and melancholy. Whofoever will charge thefe my Travels with many Overfights, he fhall need no folemn Pains to prove them, for I will eafily confefs them. And upon my View taken of this Book fithence the Impreffion, I dare allure them that fhall obferve moft Faults therein, that I by gleaning after him, will gather as many omitted by him, as he fhall fhew committed by But I learned long fithence out of famous Tulley, that as no Man's Errors ought to me. be followed, becaufe he faith fome Things well So that which a Man faith well, is not No Man, no Book is void of Imperfections. to be rejected becaufe he hath fome Errors. And therefore reprehend who will in God's Name, that is with Sweetnefs and without Reproach. So fhall he reap hearty Thanks at my Hands ; and by true Imitation of the
: :

molt judicious that ever wrote, more foundly help on this Point of Learning to Perfection in a few Months, than I by toffing and tumbling my Books at home, could poffibly have done in many Years. Experience hath taught me in this my Injiitutes lately fet forth, by whereof I have gained thejudicious Obfervations of divers Learned Gentlemen publifhing them ; which by keeping them private I could never have procured. By which upon means I hope one Day to commend them to you again in a more exact Purity, and fo leave them to future Times forfuch Acceptance as it fhall pleafe God to give them.
lating the Cafes of both differ more in Language

fome Towardnefs a Tract (De Regulis Juris) wherein my Intent is, by colLaws, to fhew, that they both be raifed of one Foundation, and and Terms than in Subftance, and therefore were they reduced to one Method, fas they eafily might,) to be attained (in a Manner) with all one Pains. But my Time imparted to thefe Studies being but ftolen from mine Employments of greatI

have

in

er Neceflity, I cannot make the Hafte I defire, or perhaps that the Difcourfe may deferve. Leifure may ferve to perform that, I intreat you lovingly to accept Wherefore until

my

this.

One thing" I have done in this Book, whereof, becaufe it may feem ftrange to fome, I think to yield my Reafon, and that is the inferting not only of Words belonging to the Art As Fifh, of the Law, but of any other alio, that I thought obfeure, of what fort foever Cloath, Spices, Drugs, Furs, and fuch like. For in this I follow the Example of our Civilians, that have thought it their Part to expound any Thing they could meet with in their Walk. And indeed a Lawyer profefleth true Philofophy, and therefore fhould not be ignorant (if it were poffible) of either Beafts, Fowls, or creeping Things, nor of the Trees,
:

from the Cedar of Lebanon, to the Hyflop that fpringeth out of the Wall. And therefore if I have either omitted any hard Word within my Circuit, or fet it down not expounded, to impute the one to my Negligence, the other to mine Ignorance, I give you good Leave and fo commend thefe my Pains to your beft Profit, and you unto Gcd. Nov. 3. 1607.

John
3

Cowel.

The
At

PREFACE

World was fatisfied that nothing could more facilitate a familiar Expojition of the abfolett Wordi and ambiguthe Studies of the Law, thanfttch And that no Method could be more proper to make it ufeful and ferviceable, ous "terms. than to throw the Words into an Alphabet, and Jo make it a flanding Glojfary <jr Dictiothe the Publication of this Book,

Performance And therefore in the following Tear, Induftry and Courage, truly capable ofTrufland Office. Sir Edward Stanhop, Vicar-General to the Archbijhop, departing this Life upon the Death of on the 16th March, i(So8. His Grace conferred that Honourable Place on our Dr. Cowel, who had prattifed before as an Advocate in the Arches, (a) In this St a(a) Contin. Hatchers tion he carried himfelf with that Fairnefs and Integrity, that Equity Catal. MS. him no Enemies, and loft him no Friends. And ifhe was afterwards and Honour, as
raifed

I know of no Offence, that was immediately taken at this firft Edition: Tho' it was infiniteGovernment, Laws, and mutual Rights, with that ly hard to fpeak of Prerogative, Property, Caution and Regard, as not to make fame to murmur, and others to infult ; efpeciaSy where Parties and their Paffions were even then prevailing. Patron Archbijhop Bancroft, that he was a Man of Parts, This fatisfied his

nary

to confult

upon

all

occaftonal Readings.

Invidious as a Writer, he was (till blamelefs as a fudge : For when the warmeft Objections were made againfi fame Exprefftons of his Book, there was not a Word to be objected againfi
his

and Provocation given by his Book was indeed this. He had Jpoke -with Thegreatefi fence too much Liberty and too Jharp Exprefftons of the Common Law, and fame eminent Profeffors At this, the Gentlemen of that Robe thought themfelves and their whole of it.
Faculty af-

Admmijlrationofjufiice.

Hottoman'x on his Treatife of Tenures, and by fa reciting them was thought to make them Reflections his own. This efpeciaUy gave fire to Sir Edward Coke then Chief Juftice of the Common Pleas, who was more particularly concerned for the Honour of Littleton, and valued himfelf There feems to have been another Reafan that for the Chief Advocate of his own Profejfion. out of Favour with this Judge ; within Two Tears after the Publicatibrought Dr. Cowel
fronted.

He had

notfpared the Oracle of the

Law,

Littleton.

He had

recited

on of his Interpreter, Archbijhop Bancroft grewfenfible, that the Jurifdtttion of the Spiritual Courts was perpetually obfiruited by the Grant of Prohibitions from Weftminfter-halJ. He thought the Difcipline of the Church could not be effectually executed without redreffing this He found the ancient Praitife of the Clergy of England, when called to attend Grievance. in Parliament, was to draw up a modeji Remonftrance offuch Grievances, and to

And the King vjith Advice and ConRelief. fent of his Council in Parliament, the Barons or Houfe of Lords, did anfwer the Complaints and Requefis in fuch Manner, as -was mofi lawful and reafanable. Very many of thefe Precedents remain upon Record, and were commonly called Articuli Cleri. The
them
to

prefent

the

King* with Petition for

Spiritual

Commonalty, or Parliamentary Convocation, having in this refpett a like Privilege with the Temporal Commons, to grant or refufe their Subfidies and Taxes, according as the King was The Archbijhop thought it proper to take a pleafed to oblige or deny their Petitions of Right. like Method in the prefent Cafe, and feems to have employed his Right Hand, Dr. Cowel, in drawing up thofe Reafons and Exceptions againfi the toofrequent Grant of Prohibitions, which were delivered to the King in Time of Parliament, under the fame Title of Articuli Cleri
;

King ordered thefe Articles to be argued by the Judges, and their Arguments againfi them are printed by Judge Coke in his XII. Report, who had the chief Hand in them and was now more and more incenfed againfi Dr. Cowel, whom he took for a profeft Enemy to the Weftminfter Courts, and therefore directly or obliquely reflects upon him in feveral
the
;

Pages of

his

lefs

accurate Works.

But Paper Reproofs were too little Satisfaction ; Sir Edward Coke was of fame Authority with the King, and had good Interefi in the Houfe of Commons : By thefe Advantages, he to both. He knew nothing would excite the reprefents Dr. Cowel as an Enemy King's Jeamuch as to touch upon the Quefiion of Prerogative, and therefore hefuggefls,that this loufy fa Author had difputed too nicely upon the Myfteries of this his Monarchy, nay in fome Points to his very derogatory tc the fupream Power of his Crown, (a) It was further
reprefented

Majefty, That this bold Writer had afferted, that his Royal Prerogative was in fome Cafes And I fuppofe it paffed limited, (b) as if this could be any Offence to an Englifli Monarch. for a common Report what afevere Author has delivered in his Court and Character of that Prince, that in the Interpreter it is faid, That King took not the ufual Oath all Kings are bound unto at their Coronation, (c) His thus incurring the Royal Difpleafure, mtglM. 4 havel (a) King's Proclamat. 25 March 1610. (b) Athcn Oxon. Vol. 1. Col. 784. (c) Anth. Wel-l

A,pag.

191.

The
Archbijhop faithful
;

PREFACE.
the

have mark'd him out for Dijgrace and Ruin. But 1 believe

King was

vjije,

and

the

and fo

this Plot mifcarried.

Difappointment, his Adverfaries {who knew how to bring in a Man guilty of when he was acquitted of Treafon) turn the "Tables, and refolve to make htm a BeFelony, and Liberties of the People, thinking this Accufation would do more trayer of the Rights with the Parliament, than the other had done with the King. It is natural enough to imagine, that by giving Offence to both Parties, he meant no harm to either. Nothing can difUpon
this

pleafe

Two

oppvjite Sides,

but Moderation.

However the Defign againjl him was carried on in the Houfe of Commons by Men of Parts and Intereft; and it came to this IJfue, that the Author was committed to Cufiody, and his Bdoks were publickly burnt. I want Opportunity to confult the Journal of the Two Houfes, but a Report from them is thus given by the Learned Mr. Petyc in his Mifccllanea Parliamentaria, fag.
6a,.

Anno 7 Jacobi, 1609. Dr. Cowel

Profeflbr of the Civil

Law

at

Cambridge, writ a Book

called the Interpreter, Raflily, Dangeroufly,

and Pernicioufly afferting certain Heads to the Overthrow and Deftru&ion of Parliaments, and the Fundamental Laws and Government

of the Kingdom.
to cenfure his Errors and Boldnefs

the Lords, as equally wounded, who refolved But upon the Interpofuion of the King, who declared that the Man had miftaken the Fundamental Points and Conftitutions of Parliaments, promifed to condemn the Do&rines of the Book as abfurd, and him that maintained the Pofitions ; they proceeded no further. His Principles with the evident Inferences from them were thefc.

He was complained

of by the

Commons to
:

1.

That the King

vrzsfolutus a Legibus, and not

bound by

his

Coronation-Oath.

2. That it was not ex necefjitate, that the King ftould call a Parliament to make Laws, but might do that by his abfolute Power ; for voluntas Regis (with him) was Lex

fofuli.

3.

That

it

was

Favour to admit the Confent of his Subjects

in

giving of Subfidies.

from the Imperial Laws of the Roman Emperors ; 4. The Doctor draws his Arguments an Argument which may be urged with as great Reafon and upon as good Authority, for the Reduction of the State of the Clergy of England to the Polity and Laws in the Time of thofe Emperors ; as alfo to make the Laws and Cuftoms of Rome and Confiantinofle to be binding and obligatory to the Cities of London and York.
Authority, nor indeed Inclination, to contradiEl this Report of Mr. Petyt. And I mufi confefs thefe Portions are fo grofs and intolerable, that no Englifh Man would I mean if they are as grofs and po/itive in the Author, as defend them or excufe them. But I think I have run over mofi Part of the Firfl Edition 4:0. are in this Relation. they in Words at length; there be many Things too 1607. and find nofuch abominable Affertions which a wije Author would have omitted, and a wife Government might unadvifedly exprejt, have defpifed. But alas, when afufpetled Book is brought to the Torture, it often confeffeth all, and more than all it knows.

I have no

However the King ailed with Prudence and Honour in IJJuing out his Royal Proclamation And becaufe it is the befl Light of Htjlofor fuppr effing the Book, and cenfuring the Writer. and but rarely feen, I Jhall here give the Whole. ry in this Matter,

Proclamation touching Dr. Cowl's Book, called the

Inter

Interfreter.

Tina much

the CClojlD therein foe are fallen, fa fo to oerbal pjofetttoo, astucll of Religion, aa of all comffiuen menoabie O9o?al fljfttuca, but banting the actions* ano Deeoa agreeable to fo fpecioua a l$?ofculon, aa it bath b?eo fucij an unfatiable Curiofttp
in

3ge anO Cfmea of

The

PREFACE.
my

(n manp &9cns putts*, ant) fucb an itcbtng in tlje Congues ano jSJcnsf of moft 99en, as notljing is left unfearcbeb to tbe "Bottom botlj in Calking anb fttlrfting. JFo? fcom tlje btgbeft 99pttertes in tlje <obljeab aim tbe moft infctutable Counfrts in tlje Cruiitp, to tbe betp lotoeft pit of Dell, aim tlje confufeo astons of tlje Debils tbete, tfjete is notbing

noto unfcatcbeb into by tlje Cutiofitp of 99ens 15?ains. ^en not being contenteb toitb tbe fonotolebgc of fo muclj of tlje bull of dDfob as it batfj pleafeo ijtm to rebeal : 13ut tljep toill neebs fit toitb bim in bis moft p?tbate Clofct ano become p?ibp of bis moft infctutable Counfels. 9nb tljetefoje it is no toonbet, tbat 03en in tljefe out Daps bo not fpare to
becpeft s^pffeties tljat belong; to tbe petfons o? State of ftings attb J9mu*s, tljat ate obs upon Cattb : Since toe fee (a$ toe babe aitcabp fato) tljat tbep fpare not <ob bimfelf. an& tbis Licence tbat eberp Cal&er o? KSriter noto aflumetb to bimfelf, is come to tbis 9bufe, tbat manp Phormios toill gibe Counfel to Hannibal, anb manp ajjen

toabe in

all tlje

Compafs of Clopftcts o? Alleges totll fteelp toaoe bv tbeit Writings in tbe beepeff S^pfferies of s^onarcbp anb politick <obemment; JKGl&eteupon it cannot otljettoife fall out, but tljat toben $&zn go out of tbeit Clement, anb mebble toitb arbiugs abobe tbeit Ca pacitp ; tbemfelbes ujall not onlp go afttap anb ftumble in Datknefs, but toill mtfleab alfo btbets otbers toitlj tbemfelbes into manp siffa-tbe P?oof tobereof toe babe latelp bab by a "Book feings anb Crrojs ftmtten by ID?. Cowel, calieb The Interpreter : jfo? ije being onlp a Cibilian by p?ofeffion, anb upon tbat large <E?ounb of a kinb of Dtaionatp (as it toete) follototng tlje 9lpljabet, babfng all kinb of putpofes belonging
tbat nebet teent of tbe
-->

to

obernment anb 99onatcbp in bis toap, by mebling in patters a bobe bis teacb, be batb fallen in manp Cbings to miffake anb nectibe bimfelf : %n fome Cbings bifputing fo nicclp upon tlje s^pfferies of tbis out 99onatcbp, tbat it map teceibe boubtful 3Jnterp?etations i fea in

fome points betp berogato?p to tbe fup?eme potoetoftbis C?oton: 3n otber Cafes mfftafctng tbe ttue State of tbe patliament of tbis ftingoom, anb tbe jFunbamental Conftttutions anb p?ibileges tljeteof : 9nb in fome otber points fpeaking unte&etentlp of tlje (Common lato of England, anb tlje aBo?ks of fome of tbe moft famous anb ancient lubges tberein : 3t being a Cbing utterlp unlatoful to anp Subject, to fpeak o? to?ite a gainff tbat lato unber tobtcb be Ubetb, anb tufjicb toe ate ftoo?n anb ate refolbeb to maintain. enijetcfo?c upon juft Confiberations mobtng us betetmto, fo? p?ebenting of tbe faib tro?s ano 3ineonbenieneies in all Cimes to come, toe bo betebp not onlp p?oljibit tlje 'Buying, attering, c? Keabfng of tlje faib T5ook, but bo alfo CCltH aim flraitip Commanb all anb Angular perfons tobatfoeber, tobo babe o? ftjall Ijabe anp of tljem in tbeic ^anbs o? Cuftoop, tbat upon pain of out hiQb Difpleafute, anb bo beliber tlje fame p?efentip upon tlje Confequence tbeteof, tbep tbis publication to tbe %o}H 99apo? of London, if tljep o? anp of tljem be
btoelling
in

o? near tbe
tbe

faib

Citp, o?

otljettoife

to

tlje

Sljcrtff of tbe
(LlnU

Countp
berfitics

\i3ljete

tbep o? anp

of

CTljancfUo? o? tljat futtber >?bet map be giben fo? tlje utter S>upp?efflng tbereof. 9nb be= caufe tljere ftjall be better betfigljt of "Books of all >o?ts befoje tljep come to tbe P?cfs, toe babe rcf:Ibeb to make (Eboice of Commtflioners tbnt ftj-ill look mo?e nartouilp into tlje Mature of all tfjofe Cfjingo tbat ujall be put to tlje p?cfs, eitUec concerning out Shitljon'tp Eopal, o?

to

ano in tbe Ctoo Clfce-Cljancello? tljere, to tlje Jntcnt

tefiDe
5

tbem mall

com

The
fa?e.

PREFACE.

concerning: out <&ofcernment, o? tfjc Lams of out fttngoom, from toljom a mo?c flciS account fljall be pietOeO unto 110, tljan featij been uCeD (jcccto

Given

at

Our Reign,

our Palace of Wefiminfter the z%th Day of March, in the Eighth Year of of Great Britain, France and Ireland. Anno Dom. 1610.

It is one of the Dete&ions of Roger Coke, Efq; that this Proclamation could not call in thofe Books, but only feemed to make them more taken Notice of. The only Truth that that Gentleman in his Relation of this Matter : For how can he prove that Dr. drops from

Cowel published his Interpreter the next Year after the jth of the King, -when it wat indeed the $th of the King} How can be tell the Dotlor wrote the Book to fupply the King's Neceffities? How does he know that he was no Doubt fet upon it by Bancroft, and thofe
called the

Church

Where

liament, and that

it

had not the defircd

does he find the Proclamation publijhed during the Sejfion of ParEftec"t, of getting more Money, when there was no

fuch Proclamation till three Months after the DiJJolution ? Secret Hijlory Jhould be wrote with a very good Memory. Roger Coke Efq; was defended from the Lord Chief Juflice, and fo by Right of Inheritance had a Feud again(l Dr. Cowel, and by the fame Hereditary Right was to be no good Htflorian ; for that Oracle of the Law, was at leajl no Oracle in Matters of Fail. His Opinions may be excellent, but his Stories are moft of them Trifles and FalJhooJ.

To return to our Author Dr. Cowel, when he had thus felt the Difpleafure of the King, and the Indignation of the People ; like a wife Man he took his Leave of the Prefs, and retired to his College and his private Studies, and lived inoffenfive and in good Repute, not averfe to ferve the Publick, when he was called to any Advice or proper Service. Soon after
he died upon the Operation of being cut for the Stone.

had been Fellow, to the Hall of which had keen Governour. He lies buried under the Altar in the Chapel of Trinity-Hall, with this Infer iption, as I receive it with fame other Notices from the Honoured Mafier, and a worthy Fellow of that Houfe.
he

had been Mafler, and

confiderable Benefailor to the College of which he to the Univerfity of which he

Johannes Cowel LL. D. Cuftos hujus Collegii, Juris

Civilis, in

hac Academia Cantab.

ProfeiTor Regius, Vicarius Generalis Cantuarienus Provincial fub Domino Richardo Bancroft Obiit undecimo die menfis Archiepifcopo Cantuarienfi, hie expe&at Refurre&ionem.

Oftob.

Anno Dom.

1611.

in the

This condemned Book was known to be very ufeful, and therefore has been often reprinted, Reign of Ch. I. under the Adminiftration of Cromwel, and after the Reflauration But in all the later Editions, thofe Pajfages that were dubious or ojfenjive have been correctArchbijbop Laud,

ed or omitted.

who was to bear the Blame of every invidious Thing, was charged with Countenance or Connivance to an Imprej/ion of this Work. Of which ASi and Efgiving Hift. Troub. and Trial of fort of Malice, his own Account is the beft that can be given.

A re lib.

Laud. p. 235. Cap. XXIII. 2 d. Day Art. IX. Then was charged upon me the printing of Books, which afferted the King's Prerogative above Law, &c. The Inftance was in Dr. Cowel'/ Book Verbo (a) Rex. That this Book was decryed by Proclamation ; that Complaint was made to me, that this Book was printing in a clofe Houfe without Licenfe, and by Hodgkinfon, who was my Printer; that I referred them to Sir John Lamb; that they came to me again, and a third Time, and I flill continued my Reference ; which Sir John Lamb flighting, the Book came forth ; the Witneffes to this were Hunt and Wallye, if I miflook not their Names.
I. For this Book of Dr. Cowel'/, / never knew of it till it was printed, or fo far gone on in Printing, that I could not /lay it : And the Witneffes fay, it was in a clofe Houfe and without Licenfe, fo neither I nor my Chaplains could take Notice of it.

2.
(a) No fuch Word there, fure, liam Samroft Archb. of Cant.

They

it

fliould

be turogativa

Regis.

W.

S.

A.

(i. e.)

a Note of Wil-

--

The
2
;

PREFACE.

me of it, but name no Time, but only the Tear 1638. But they They fay, they informed I inns then at Croydon Jo being out of Town, (as -were almojl all the high Commifconfefs Sir John Lamb, who being a High Commiffioner, had in that Bu/inefs as fioners) I required to look to it carefully, that the Book proceeded not, or if it were aln uch Power as felf,
came not forth. If Sir John /lighted his own Duty and my Command and I hope your Lordjhips will (as themselves fay) he is living and may anfwer for himfelf; Account. not put his Negletl on my
ready printed, that
it
<

my

was never my Printer, but Badger was the Man I employed; as 3. As for Hodgkinfon, is well known to all the Stationers ; nor was Hodgkinfon ever employed by me in that Kind or any other; upon juft Complaint, J turned him out of a Place, but never put him into any: And therefore thofe Terms which vovre put upon me of my Hodgkinfon and my Sir John Lamb, might have been fpared ; Sir John was indeed Dean of the Arches, and 1 employed him as other Archbijhops did the Deans which were in their Time, otherwi/e no Way mine: And Hodgkinfon had his whole Dependance on Sir Henry Martin, and was a meer Stranger to me. And this Anfwer I gave to Mr. Brown, when he fummed up the Charge. Nor could any Danger be in the Printing of that Book to mi/lead any Man: Becaufe it was genethat it was a Book condemned, and in fuck particurally made known by Proclamation, lars: But for other "things the Book very ufeful.
he

As to the Additions and Improvements in this prefent Volume, all I pretend to is to augment the Work by the eafy Addition of many Thoufand Words, which neither Author nor And indeed a Work of this Nature is no more to be raifed up Editors had before obferved. in one Imprejjion, than Rome in one Day. What have all Sorts of Gloffaries and Dictionaries been at the firfi projecting of them, but rude and modelling Draughts ; but meer in due Time and Order. Scaffolding to carry up Materials, to build higher
many other Alphabet Writers, who have traded purely in and have picked out the Words of one Dictionary to infert into another. transferring of Stock, I have indeed thrown in from Du Frefne, &c. moft of thofe Words that bear Relation to Englifh Laws and Cujlomt ; but then I have explained them with more Familiarity, and
Tet

I think I have

not done, as

confirmed them with more Authority: And have often adjufted the Mifiakes of that very Learned Writer, who was a Foreigner in this Caufe, and wrote fometimes of Englifh Matters with a French Air, loofe and at But a very great Number of the Terms here large.
interposed are

new

to the

prefent Age,
to fatisfy

and were

occafionally gathered
Curiojity,

up from many

Manu-

fcripts and old Records, the Publick.

more

my own private

than with any Dejign upon

upon me, to lend them fame Additions and a new Edition, I communicate the Heap of ColleUions to them and the Improvements for World; and dare fay, they will be ferviceable to the Antiquary, to the Hijlorian, to the Lawyer, to any Scholar, nay to every Englifh Reader.
Jince the Proprietors of the old Copy called

But

Thus far the Prefacer to the laft Edition, concerning the firfl Author, and the Improvements he himfelf made to this Work : It remains to fay fomethmg in Behalf of this prefent Volume. In the firft Place, the Text of the lafi Edition is left entire and whole. But the Faults of that Imprejjion, the literal, (which are innumerable) and the
almojl

Quotations and References are correEled with the greatejl Care. The Etymologies of Words, where they feemed to be mijlaken, are not altered; but the true Derivations added; and thefe I am not ajhamed to own were chiefly taken from Dr. Wilkins'r Gloffary to his Saxon Laws. As for the Additions now made they are very large, of
confijling

many wrong

Words

of which there needs no other Proof than the additional Imprejjion containing above thirty more than the lajl.
;

many Thoufand
Sheets,
this

Number of

Titular

and Chronological KINGS and

Titular
quefi to the Tear,

TABLE of our QUEENS from the Con1717.

Began
their

KINGS

Names and

Titles.

Reigns.

W
r
1
tift,

'

Ilhclmus Rex ; Wilhelmus Rex Anglorum; and Wilhelmus Rex Ailglorum

Princeps

mannenfium.

Normannorum atquc Cync-

Willielmus, Rex Anglorum, & Wilhelmus Dei? Gratia, {and nutu Dei) Rex Anglorum. Hcnricus, Ret Anglorum; Hcnricus Dei gratia," Rex Anglorum; and Henricus gratia Dei, Rex

i
I

Anglorum

&

Princeps

Normannorum;

tailed alfo\

In fome Records, Hcnricus VctUs. Stephana*, Rex Anglorum ; and Stcphanus Dei gra-;

Comes Andcgavix. Richardus, Rex Anglix, Dux Normahnise &? Comes Andegaviae. Aquitaniz, <J Johannes, Dei gratia, Rex Anglix, Domihus HiO bernix, Dux Normanniz & Aquitanix, Comes > Andcgavix. J 3 Henricus, Dei gratia, Rex Angliae, Dominus Hi1

2 Henricus, tanix,

Rex Anglorum. Rex Angliae, Dux Normnnniz 6c Aqui-

&

&

&

bernix, Dux Normanniae Comes, Aquitaniae, Andcgavix: Anno Regni 44, be filled bimfelf Henricus Dei gratia, Rex Angliae, Dominus HibernixJ

&

&

&

Dux

Aquitaniae.

Edwardus, Dei
bernias

&

gratia,

Rex

Dux

Anglix, Dominus HiRecord* fimetimes

named Edward 1 Edwardus, Dei gratia,

bernix

In Aquitaniae of VVeftminftcr.

&

Comes
Par.
2.

Rex Angliae, Dominus Hi-, Dtix Aquitaniae. And, 14 Regni, added Pontivi Monftroill. Pat. 14 Edw. a..

&

of Carnarvon. Angliae, Dominus Hi-' Dux Aquitaniae. Anno 13 Regni he 1 bcrniae omitted Dux Aquitaniae. He was alfo called Ed-' ward of Windfor, and was the that cenfiantlyi firft ufed Port Conqucftum in bis Title, to iiftmgnifh the King Edwards after the Conauefi,from thofe before it. 2 Richardus, Dei Francixo gratia, Rex Angliae,
14.

m.

Stiled alfo

Edw.

Edwardus, Dei gratia.

&

Rex

Rich. o/Bourdeaux. ^ 4 Hcnricus, Dei gratia, Rex Angliae Francix, 7 Dominus Hiberniae, called Henry of Bullingbroke. $ Dei gratia, Rex Anglix 5 Hcnricus, Francix, &" Dominus Hiberniae. Et Anno Regni 8, Hen. Dei gratia, Rex Anglix, hxres Regens Francix, Dominus Hibernix, called alfo Henry of Monmouth. 6 Henricus, Dei gratia, Rex Anglix Francix, &; Dominus Hibernix. 5 4 Edwardus, Dei gratia, Rex Anglix Francix, &< Dominus Hiberni*. Rex Anglix 5 Edwardus, Dei gratia, Francix,,
called

&

&

Dominus Hiberniae,

&

&

&

&

&

&

&

<

&

&

Dominus Hibernix. Rieardus, Dei gratia, Rex Anglix Dominus Hibernix. Hcnricus, Dei gratia, Rex Anglix Dominus Hibernix.

<

&

Francix,

&/
<

&

Francic,

&/
v

"i

wuiJ

ace-- fti

p/L.raJttf '

97

KINGS Names
8 Henricus,

and

Titles.

Began

their

Reigned

Reit>ns.

Te.Mo.Days.

Since they Reigned.

W
.^

?4
*

*Z
//
.

Rex Anglix Francix, Et Anno io Regni, Henricus oftavus Dei gratia, &c. Anno 13 Regni, Fidei Dcfenfor was adder. Et Anno 21 Regni, in terra Eccle fix Anglicanx Hibernix fuprcmum caput, was added. Et Anno Regni 34, Rex Hibernix was added. 6 Eciwardus fextus, Dei gratia, Anglix, Francis Hiberniac Rex, Fidei Dcfenfor, Er in terra Ecclefix Anglicanx 8c Hibernix fuprcmum caput.
Dei gratia,

&

&

Dominus Hibernix.

$00 April

21

37

10

180

Jan. 28

&

&

IJ47

J"- 18

jo 174

Jufy

fill.

Queen Mary fummoned

.

her

Jirjl

Title, but foots after omitted

fuprcmum Caput.
own and
.,

Parliament by the fame time's Aft fieri

his

her Jbe married -King Philip, Jbe ufed

ties,

15 j j

July

42 169N0vemb.ll

8cc.

Elizabeths,

Dei

4^*i

..

Klin

$7
.1

nix Rcgina, 1 Jacobus, Dei gratia, Anglix, Scotix, Francix Hibernix Rex, Fidei Defenfor. 1 Carolus, Dei gratia, Anglix, Scotix, Francix Hibernix Rex, Fidei Defenfor. 2 Carolus fecundus, Dei gratia, Anglix, Scotix, Francix 8c Hibernix Rex, Fidei Defenfor. Scotix 1 Jacobus fecundus, Dei gratia, Anglix, Francix 8c Hibernix Rex, Fidei Defenfor. Gulielmus Maria, Dei gratia, Anglix, Scotix, Francix 8c Hibernix Rex Regina, Fidei Defen But Queen Mary dying Dettmb. 28, 1604, fores. King William'/ Title then was Gulielmus tertius, Dei gratia, 8cc. Hiber Anna, Dei gratia, Anglix, Scotix, Francix nix Regina, Fidei Defenfor. But upon the Union of the two Kingdoms in the Tear 1 706, Jbe ufed Magnx Britannix in/lead of Anglix, Scotix. Gcorgius, Dei gratia, Magnx Britannix, Francix Hibernix Rex, Fidei Defenfor.

gratia, Anglix, Franciae Fidei Defenfor.

&

Hiber1

558

Nov. 17 44

4
8

i<5

125 March 24

&

1^02 Mar. 24 22
1625 Mar. 27
23

2 102 March 27
3 8

&

10

78

Jan. 30
Ftbruary

1648 Jan. 30 3* 1685

Febr.

o
o

42

&

Abdicated Dec. 20, itfSS

&

I6"8$r

Febr. 13

13

23

25

March 8

&

1702

Mar. 8
1

12

24

13

Augufl

&

Crown d OB,
1

14 Augufl

20,

Now

714.

Reigning.

\Mt'<,

Wiffia-Hc

'**!?&& -J?G'

-*-<<)

<2t*4t Tf/fl

CARMEN TECHNICUM
Regum Reginarumque
v

Anglise.

WIl. Conq. Ric. John,

Hen.
fextus,

Wil Rufus, Henri, Steph. Henq; fecundus, Henricus, tres Edward, Riqi fecundus,
quartus, quintufque,

Poft hos regnavit quartus, quintus quoque Henri,

Edward

Ricardus

Tertius, Hen. Sept. & Oft. Edwardufque, Maria, Eliz. Jac. Carolus primus, Carolufque fecundus, fecund. Jacob. Tunc cum Maria Gulielmus: Poftqj Tunc GuTmus folus Poft hunc regnavit Anna: At (nunc gubernans) fucceifit Georgius Anna.
:

J
-

&

THE INTER-

THE

INTERPRETER
O
F

Hiftory, Antiquities, and

LAWS.
B

A B
1

A
<BbaCtffa,

An

A.

Abbarhier

and Abbachifta

Arithmetician, whence the Italian Ahacmm Gerbertus

certt primus a Saracenis capiens, regulas dedit, qua a Letter of the Alphabet with fudantibus Abaciftis tiix intelliguntur. Will. Malmfthe Hebrews, Greeks, Latins, and other bur. Hi/i. Angl. lib. 2. cap. 10. Nations, and called by the Heb. Aleph ; 31ban0um, Abandonum, Any thing fcqueftred, the Arab. Alifb; Chaldee and Syriacfilaph ; prolcribcd, abandon, i.e. In bannum-res mijfa ; a Armenians, Alp ; JEthiopians Alpb ; and Greeks, Alpha. Thing Bamt'd or Denounc'd as forfeited and loft. prefiVd to Words,in Englifh ftands equivalent Whence to abandon, to defert, or forfake as loft and With an in French ; as a Man, un homme. But gone* prefix'dj according to the Greek Acceptation be.3lbarnarp, To deteft or difcovcr any fecret comes privative, and fignifics as much as without Crime. Sax. Abarian, to uncover, difclofe or v. g. in Greek hop*, a Name, by prefixing Of Init make bare. Siquis Francigena occidatur, becomes 'hvanpif, fine nvnine, without a Name, terfeHor ignoretur i i parentes feeundum legem repeor that will not own his Name. tentes, vel probantes non habeant, fint illitis qui abar3ib. When the Name of a Place begins with naverit. Si Leges Henrici I. Angl. cap. Oi. Ab it denotes, that either the Place belonged to Homo furtivum aliquid in domofua occultaverit, Qpita fome Abbey, or that an Abbey was founded there fuerit abarnatus, reBum eft ut indt habeat quod quaThus, Abingdon in Berkjbiretook that Name loon af- fivit. Leges Canuti Reg. cap. 104. Dr. Wilkms in ter Cijfa King of the Weft- Saxons had founded the his Gloflary ori the Saxon Laws thus explains this Abbey there ; for before, it was called Cloveshoe. Word Abarnare : Rem clam 8? octulte geftam proba'itbacof, The Cap of State, ufed in old Time tionibus manifeftare :Unde Murdrum abarnatum idem by our Engli(b Kings, wrought up in the Figure eft ac Murdrum probatum. of two Crowns. Vid. Chron. Arigl. 1465. Ed. 4. <Hbartflich, Inutiable ; from a Privative, and the 666. Vol. 2. I. 27. Spelman. Saxon, Berfton, Difrumpi, who has fo large a Belp. 3lbait<V0, (Aba&ores) Drivers away, or indeed ly, that tho' full, it will not burft. dealers of Cattle or Beads, not by one and one, AbfltC, May be derived from the French Word but in great Numbers at once ; and therefore by Abatre, deflruere, tb break down or deprofternere, M. S. thus diftinguilhcd from fur, qui imam ovem ftroy ; in the vulgar Scnfe, it ftgnifies to diminlfli, furripuerit, ut fut ioercetur, qui gregrem, ut Aba&or. or take away, as to abate the Courage of a Man ; 'Tis derived from the Verb For when it is in the Writers of the Common Law ufed both Abigere. Herds of Cattle are ftoln, they are certainly dri- a&ively and paflively.as to abate a Caftlc or Fortven away let, Old Nat. Btev. fol. 45. Which in Weft. I. cap. And 17. is plainly interpreted to beat it down Nocle mi/er quadam fomno graviore to abate a Writ, is by fome Error or Exception fepttltus, And to defcar, or overthrow it. Britton, cap. 48. Amijit taciti furto pr&donis abactos. in this aftive Voice, it has two Significations, One JCb.irtU-, Arithmetic, or the Art of numbering, general, another fpecial ; general, as in the forfrom the Abacus or Table, on which the Ancient mer Examples; and again, in Kittbin, fol. 175. fet clown their Figures. -Omnium liberalium ar- Abater Mai/on, is to ruin or caft down Houfe tium peritus, Abacum pracipue, lunarem compotum gp fpecial, as in the Old Nat. Brev. fol. 1 1 5. A curfum rimatus. Hen. Knighton, Chron. lib. 1. Stranger abateth, that is, enrrcthupon a Houfe or tap. 3. Land^ void by the Death of him that laft pofleffed

I S the

firft

it,

A
it,

A B

ailibaf or Xbbot, Abbas in Latin, in French Abbe, before the Heir takes his Poffcflion, and fo him out ; wherefore as he that putteth him Sax. Abbud, a Spiritual Lord having the Rtile of keeps to our Common out of Poffcffion, is faid to diffeife ; fo he that a religious Houfe, according in between the former Poffeflbr and his Law: Skilful Linguifts derive it from the Syrifteppeth Heir is faid to abate. And in the Statute De con- ack Abba, Pater ; Jujlinian's Novel Confkitut. 115 The Writ of SeB. jn'oKun.t, terms him Archimandnta ; others I. Stat. 2. junSim Fccff.uis, 34 X the Demandant mail be abated, that is, fliall be Ccenobiarcha, or Archimonachus. Hotoman in verb. Feuda. Of thefe, fome here in England were Midifabled, fruftrated, or overthrown. So in Staund Pleas of the Crown, fol. 148. the Appeal aba- tcred, fome not. Stew's Annals, pag. 442. "Such as ford's the Jurifditeth by Coulinage, that is, the Accufation is de- were Mitered, were exempted from feated by Deceit. Anno 11 H. 6. cap. 2. The Ju- ftion of the Diocefan, having themfelves Epifcipal and Authority within their Limits, and were alfo ftices fliall caufe to be abated the faid Writ, hence cometh a Word of Art Abatamentum. Vide Lords of the Parliament. Of this Kind, thus faith
Intrusion.

afemtnf, Derived from the French^fWewewf, fometimes fignifies the Aft of the Abator, as in the Abatement of the Heir into the Land before he hath agreed with the Lord. Old Nat. Brev. 91. Sometimes the AffeSion or Palling of the Thing abated, as Abatement of the Writ. Kitch. fol. 214.
<C
i!

Abbates habent jurifdiHionem EpifcoCorajius, Aliaul palem, ad quos cum Ecclefia pleno jure pertineat, in eorum Monafieriis Epifcopus nihil exercet. Cap. Ea qua. And thefe were called Abbots Sovereign, 9 R. 2. And Abbots Generals, as Mr. Feme Noteth cap. 4. in his other Sort Glory of Generojity, pag 126. The were fubjea to the Diocefan in all fpiritual Go-

And

in this Signification,

it is

as

much

as exceptio

vernment.
ca.

Cap. Monafleria iS.J^uafi. cap.

Abbas Qp

dilator} a

with the

Civilians, {Brit. cap.% 1.)

or rather

vijitandi,
7.

an EffeS of it ; for the Exception alledged, and Qutfi. made good, works the Abatement. And this Ex- mibus.
ception may be taken either to the Infufficiency of the Matter, or to the Incertainty of the Allegation, by the Mifiiaming of the Plaintiff, 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 the Plaintiff or Defendant before Judgment had, and for divers other Caufes Upon which Defaults the Defendant may pray that the Writ or Plaint may abate, i.e. the Plaintiff's Sute againft him may ceafe for that Time. New Terms of the Law, Verb. Abatement of a Writ, &>c. To prevent Abatement of Writs of Error. Sec the
:

&

cum

alfo,

And who both had exempt Jurifdi&ion, and were

quatuor fequentibus ibid. Omnes 16. ca. cumvenerabilis, extra de doreligions as Abbots, fo were there Lords Priors

Lords of Parliament, as Sir Edw. Coke makes out, De 28. a. Of which Lords Abbots jure Ecclef. fol. ana Priors that fat in Parliament, fbme reckon but twenty-fix, but Sir Edw. Coke (ays, they were twenty- feven Abbots and two Priors, Co. fuper Lit. In the Parliament 20 R. 2. there were fol. 97. but twenty-five Abbots and two Priors But in the Summons to the Parliament at Winton, Anno 4 Ed. 3. {JnDorfo claufi ejufdem An. Membran. 41.) I find more named, to which I have added the Founders out of the Monaflicon Anglic anum.
:

16. Car. 2. cap. 2. Co. Entries, 62. c. fol. 519. c. Abatement is called in Latin Intrufio, but it may rather be called Interpojitio, or
Stat.

205.

d.

&

&

Abbots and Triors.

1

Founders

Names
Anno

Abbot of

St.

Aujlin'i

Athelbertus Rex,

intratio per interpojitionem, to diftinguifli it

from

In2
3

in Canterbury.

Abbot of Ramfey. Abbot of Peterborough. between Abatement, Dijfeifin, Intrufion, Deforce- 4 Abbot of Croyland. ment, "Usurpation , and Purprejlure. He that will 5 Abbot of Evejham. read more of this, may read the New Book of En- 6 Abbot of St. Benet de See alfo Writ, Mifnomer and Hulmo. tries, verb. Brief. Variance, and the Book called, The Digejls of 7 Abbot of Thornby. 8 Abbot of Writs. Colchefier. 3lbaf02, Is he that abateth, that is, intrudeth 9 Abbot of Leicejler. into a Houfe or Land, void by the Death of the former Poffeflbr, and not yet entred, or taken up 10 Abbot oFWinchcomb. by his Heir. Old Nat. Brev. fol. 1 1 5. Ferkins, fol. 1 1 Abbot of 7<SWefiminfter. 3!fcatUDa, ;. e diminiflied ; Moneta abatuda is I or diminiflied in Value : Si tempore 12 Abbot of Money dipt Cirencefier. folutionis hc Moneta fuerit abatuda, Jive deteriorata. 1 3 Abbot of St. Albans. Charta Simonis Comitis LeicefirU, Anno 1 209. Du 1 4 Abbot of St. Mary
.

trufion after the Death of Tenant for Life : And in his Com. on Lit. fol. 27 7. he Ihews the Difference

602. Ailwinus Semi-Rex,$6^. Wulferus Rex, 664.

Ethelb.

Rex MercU, 726.

Egwin.Epifc.Wigorn,ToS Canutus Rex, Anno 1026.

Wil Albemarle fub

Eudo

Hen. 2.

Dapifer, Hen. I.

Rob. Bojjue, Comes Leic. 1 141.

Kenulphus
789. Seabert

Rex MercU,
Occid.

Rex

Sax.

604.

Hemicus Primus, 1133.

Offa

Rex MercU, 795.

Alanus Comes Britannia

1088.
Roger.

Cange

in verbo.

York.

<UbatofD, i. e. terrify 'd, hir, attonitum reddere.

from the French Esba/'.

Abbot of Shrewsbury.

Comes

Mortgom.

1081.
Gulielm.

e.You fliall 'Jtbaf, or Abey: TCefhaUfore obey it, fuffer great Pain, or You fliall pay dear for
it.

16 Abbot of Selby.
1

Conquejler,loi$.

Abbot of
Glottcefter.

St. Peter's

'Ojfric.ReX Northumb.-jOO.

^bbacp, In Latin Abbatia, or Abbathia, is the Government of a religious Houfe, with theRevenucs and Perlbns, fubjeft to an Abbat, as a BiThe Word is ufed Anno flioprick is to a Bifliop. 34 Sp 55 H. 8. cap. 17, 18. Sciant, &c. quod ego IJfabella Comitiffa Pembrook profalute anima mea, &c. Dedi Deo & Abhathia de N. totam wicham juxta prtcdiicam Abbathiam, &>c. aibbaHaba, Apubly, a

iS /lbbot
ry.

of Malmesbu-

Maidulfus Hibern.
648.
Hara'.dus ReXf
1

Scot.

19 Abbot of Waliham. 20 Abbot of Thorney.

Ethelwoldus,

& Edgarus

03 (J.

2i"AbbotofSt.E<//w<Ws. 22 Abbot of Beaulieu.

23 Abbot of Abingdon.

Rex, 972. Canutus Rex, 1 020. Johannes Rex, Anno Regni 6.

Town

in

Weftmorland.

Ciffa

Rex, An. 6 1$.

24 Abbot

A B
24 Abbot of Hyde. 25 Abbot of Rading.
16 Abbot of Glaflonbury. 27 Abbot of Ofney.
28 Prior of Spalding.
Aluredus Rex, 922. Henricus Primus Rex,
II25.

A_B
purpofc, which were called whence we may guefs our Butting to ftnng. The Word Abuttare to Abut or to Bound End-ways, from the Saxon Onbutan, Butan, praIn * Terrier, or ter, ultra. Dcfcription of the
Botentinei
;

Hillock* raifed on

has RcxOccid.
1 1

Site of Land, the Sides on the Breadth arc proCom. Ande- perly adjacentes, lying or bordering, aid the Ends Jo. Talbois, only in Length are abuttantes, abutting or bounding : gav. 1074. Prior of St. John's of Jordanui Brifet &> XJx. Which in old Surveys, they fometimes exprefs d 29 1 100. by capitate, to Head, whence Abuttals arc now ejus, Jetu/alem. Will, dt Warren, primus called Had-Lands, i. e. Head-Lands. Prior of Levies. As in the 30 Rental of Wye in Kent Comes Sur. 1 708. belonging to the Abbey of Battle in Suffer. Tenent 0B0 acrai juxta Gores wall, To which were afterwards added, capitantes adprtdiBum viaUum. SUbDitwium, An Abditory or Place to hide and prefcrve Goods, Plate, or 1 Abbot of S. Henricus Secundus Rex. or a Cheft in 3 Aufiin's. which Rclicks were kept. Money, the As in Btiftol. Inventory of the Church of York. Mm. Rex Ethelredus, 712. Angl. Tom. 3. p. 1 7 3. 32 Abbot of Bardeney. SanBus Gilbertus, 11 31. Item unum ceffeur, ft* una pixis de ebore ornata cum 53 Prior dt SemplingItem tria Abditoria &> tres argento deaurato. bam. pixides
29.

Sax. 708* Rob. Fitt- Nigel Doily,

de ebore ornaU

To

bot of Tavifio k. And in the Tefte ta, the Names of fome other Abbots are inlertcd, among the great Men of the Realm. An Abbot with the Monks of the fame Houfc, being called TheCovent, made a Corporation ; but fuch Abbot was not chargeable by his Prcdeccffors Aft, but by their common Seal, or for fuch Things as came to the Ufe of his Houfe ; neither for the Debt of his Monk before his Entry in Religion, though the Creditor had a Specialty. See for this the Abridgment under the fame Title. The Bijbops complained that the Monks invaded their Rights and Privileges, I mean at the Time when the Abbots were firft mitred ; and they were and Counvery much offended, becaufe in Synods cils there was no DiftinSion between them in their Habits, for both were mitred and alike ; thereupon Pope Clement the Fourth ordered, that the Abbots mould wear their Mitres embroidered with Gold, but without Jewels ; but thofe of the Order of Prtrmnfiratenfes wore no Miters, becaufe would not lcem to be elevated with thofe they Things which were worn by Popes and great
_

thefc alfo Henry the Eighth

added the Abto Mag. Char-

f beduti.
fatisfied
;

cum cupro deaurato. an old Word, and fignifics from the French abecher, to feed.
Is

to

be

cap. 93. fuit, nutto pretio, etiam apud Saxones

JUberrmurOer, Aberemurdrum, Plain or Right as diftinguifhed from the lcfs heinous Crimes of Manjlaugbtet and Cbancemedly. From Saxo"> JEb*; apparent, notorious, and Mord, vr Murder. So Mbere Theof. a bare, evident, notorious Thief. This Aberemutdct was declared a capital Offence, without Fine or Commutation by the Laws of Canute, Hoc ex

down Murder;

fceletum genere
expiabi-

lium,

cum

nofitos,

man,

in voce.

Ex

alia licuit pecuniis commutare, fays SpelAnd in the Laws of Hen. 1. c. 12.

hisplacitis

darn
dari,

quadam emendantur centum /olid', quaWera, quedam Wita, qutdam non poffunt emer.&>c.

quafunt Husbrcek,c> Bcrnet, & Openthifthc, & Ebercmorth,

3lbeTgaulinp. See G'ianium. HbetteD, i. e. humbled; from the Fr. abaijfer, to deprefs ; and hence the Englijb Words Bafe, and

Aba/e.
.4lber, (Abettate)

Prelates.
<Cbbfltf)p,

much as to Encourage, or let on. Abetment (,abetHojlthe middle Syllabic, tum) the Subftantive implies the fame. Staundj. ler, pronoune'd which diftinguifh.es it from the genitive of Abbas, Pi. Cor. ioj. As in the Pleas of Parliament, 21 Ed. 1, Jurat's an Abbat. As in this old Line, qutfiti per cujus abettum appeUum Abbatis ad canam dat equis Abbatis avenam. Spcl- pradiBum fad urn fuit, fip profecutum, dicunt quod per abettum Hugonis de Evere. And Abettor (Abettator) man in voce. for him that See Abet. encourageth, orfetteth on. Old Nat. flbbettO?. Brev. fol. 21. but both Verb and Noun arc T&h\MVi[\vntX\t,{Abbrocamentum) is a Forestalling always of a Market or Fair, by buying up the Wares' taken in the worft Senfe. As Abettors of Murder, before they are expofed to Sale in the Market are fuch as command, procure, or counfel others or Fair, and then vending them again by Retail. to commit a Murder ; and in fome Cafes fuch M. S. de Placit. coram Rege Ed. 3. Penes J. Tre- Abettors fhall be taken as Principals, in other but as Acccflories ; and their Prcfence or Abfcnce at vor Mil. the Doing of the Fat, differences the Cafe. Sec Abingdon. 'ilbbunullil. There are Alfo Abettors in Trcafon, but they are Hum-bet in Torkfiire. Sibling afluarium. 'Kbbllftaifi, (From the French Abutter, that is, to as Principals ; for there are no Acceffories in
the

3lbbatie,

Word

An. 31 H.S.cap. 13. See Abbacy. Avener or Steward of the Stables; was fometimes ufed for a common

An

the French Bouter,impellere or excitare (rather from the Saxon a, an energetical Article, and Bedan to ftir up, or excite ; from whence the Phrafe of beeting or beating the Fire, i. c. fupplying it with more Fuel :) In our Common Law, it fignifies as

May

be faid to proceed from

fhort

in

See Fleta, lib. 1. cap. 34. Soft. 13. cap. 51. limit or bound) are the Buttings and Boundings Treafon. of Land either to the Eaft, Waft, North or South, SeB. 35. Coke on Lit. SeB. 47 y Staundford s Pleas mewing on what other Lands, Rivers, Highways, of the Crown. Rajtal's Expoution, Qpc. JD be ttatcu, An Abettor. See Abet. or other Places it does abut As in Crake's ReThe "Plaintiff hath fail'd 2lbeyst\((, Hath by fome been derived from the ports, Part 2. Fol. 184. forth how the French Aboyet, that is, attattate, to bark at, as Dogs in his Abuttals, that is in letting Land is abutted and bounded. Latera autem nun- do at a Stranger ; but I rather fuppofe it may quam aiur.t Abbuttare,yiJ terram Proximum adjacere. come from the French word Bayer, to gape after, And Cambdep fays, Limits were diftinguifhed by or to expect : So Children are faid Bayer a la B 2 tnf.mme
:

that is, according fore he was apprehended, he might not be taken Fee-fimplc lieth in Abeyance, to his own Interpretation, only in the Remem- thence to the ufual Trial at Law ; but confeffing brance, Intendment and Confederation of the his Fault to the Juftices at their Coming, or to Law. Sir Edw. Cole calls it in gremio legis. The the Coroner, might be admitted to his Oath, to Frank-tenement of the Glebe of a ParSbnage is abjure or forfake the Realm, Anno 7 H. "7. cap. 7. in no Man, fo long as the Parfonage remains The Form and Effect of this you have in the a Maxim in Old Abridgment of Statutes an ancient Traft, De void, but is in Abeyance. And it is
',

mamme, who feeing the^ Dug, they ftrivingly great was the Devotion towards the Church am- in King Edward the Confeffor's Time, till 22 expeS it: So alfo buyer a I' argent, qui fpe atq; mo pecun'u incumbunt. This Word in Littleton, cap. H. 8. that if a Man having committed Felony, we find thus ufed, The Right of could get into the Church or Church- yard, boDiscontinuance,

Law, That of every Land there is Fee-Jimple in fome Officio Coronatorum, Crompton'/ Office of Coroner, Man, or el/e it lies in Abeyance. Considering and fol. 260. b. -New Book of Entries, verb. Abjuration. of Horne'j Mirror of Juftices, lib. I. cap. Del comparing thefe Places with the Signification Office the French Word Bayer, it feems more than del Coroner. Quando aliquis abjuravit Regnum, Crux ancient Law- Looks would fig- ei liberata fuit in manu jfua portanda in itinerefuo per probable, that our nifie hereby a Kind of Hope, or longing Expec- femitas Regias, &> vocabatur vexillum Sand* Eccleltx. at preSent ESTex, Plac. Hil. 26 Ed. 3. This Part of our tation, becaufe Things in Abeyance, tho' in no Man, yet in Hope and Expectation they Law was in fome Sort practised by the Saxons, as belong to him that is next to enjoy them. And appeareth by the Laws of King Edward, fet out alfo in French, a Man that earneftly gazes at by Mr. Lambard, num. 10. but more dire&ly by Be- the Normans; evidenced by the Grand any Thing, is termed un Bayard, a greedy Cuftomary, holder. This Abeyance cannot be better compar'd, cap. 24. where the Form of the Oath is likewife than to that which the Civilians call Htreditatem fet down with the Reft of the Proceedings thereFor as Braffon faith, lib. 1. c. 12. num. in, very agreeable with Ours. This Clemency jacentem. 10. Htreditas jacens nullius eft hominis ante additio- fomething refembles that of the Roman Empenem, &c- So that (as the Civilians fay ) Lands rors towards fuch as fled to the Church, Lib. and Goods do jac ere fo the common Lawyers I. Co. tit. 12. or to the Images themfelves Eod. in like Eftate are in Abeyance tit. 25. And alfo that of the Cities of Refuge fay, That Things as the Logicians term in peffe, or in Underftand- mentioned by Mofes, Exod. 21. 13. Numb. 15. 6, we fay, in nubibus, in the Clouds, II, 12. Deut. 19. 2. Jojb. 20. 2. Of all the Ciring; and as that is, in Confideration of the Law. Read cumstances belonging to this Abjuration, read the more of this in the New Terms of the Law, fol. 6. New Terms of the Law, and Staundf. ubi fupra. &P Plow- Rep. Waljingham's Cafe. See alfo lib. 3. But this grew at laft to be but a perpetual Confi12. Co. on Lit. ning of the Offender to fome cap. 11. fol. 145. Sf Perkins, fol. Sanctuary, wherein b. upon Abjuration of his Liberty and free Habitatifcl. 342. AlbnarCtfia, Abgetorium, The Alphabet, or A, B, ons, he would chufe to fpend his Life; as appears Abgetoria Anno 22 H. 8. cap. 14. And by 21 Jac. 1. cap. 28. C, as Mat. Weftm. reports of St. Patric eo amplius fcripjit, totidem Epifcopos or- this Benefit is wholly taken 345. quoaue away, and conse;

&

So Warenus de fcript. Hibern. lib. 1. Baptiza- quently Abjuration, 2 6ia. See Inft. fol. Sanctuary. vit quotidie homines Sf iliis literas legebat, & Abga- Robertus le Tailleur de Drayton, qui fufpenfus The Iri[h ftill call the Alphabet Abghittin. fuit apud Abyngdon, reliefus pro mortuo fub torias. furcis, 3fbiffCbU6, for Abigenus, Signifies a Thief who furrexit gp fugit ad Ecrlejiam de Abyngdon, ibidem cognovit fe effe latronem, &> Si hath ftoln many Cattle quis fuem furripuabjuravit Regnum it, fur erit, Braffon, coram coronatore, &*c. Anno 14 Ed. 1. Ji quis gregem, Abigevus.
dinavit.

&

&

lib.

3.

c.

6.

anciently Abbundun, a Town in Berkjhire, fo called foon after Cijfa, King of the Weft-Saxons, had built an Abbey there ; for before that Time it was called Clovefham alias Clovejboe, where the famous Council was held. The old Book of that Abbey tells us, Hie feies regia, hie cum de regni pracipuis arduis traSaretur negotiis,

3luingDon,

'dOiaDium, Corn mowed or reaped. 2&boceIiU0. This Word is ufed in Petrus Bleone who is fenfis. Serm. 18 & 43. and
Signifies

blind.

&

Abolition, (Anno 25 Hen. 8. cap. 21.) aDeftroying, or Putting out of Memory Inftituu affionii peremptio : 'Tis the Leave given by the King or Judges to a criminal Accufer to deiift from far1

concurfus fiebat populi.

ther Profecution.
#b,2iujje, (Abbreviare) Cometh of the French Abreger, to make Shorter in Words, yet ftill retains the Senfeand Subftance; but in the Common

Ubiflmfinij, (As Raftal in his Abridgment expounds it,) Is to be quit of Amerciaments before whomfoever of Tranfgreflion proved. It is called in the New Terms of the Law, Mijherfing; It Signifies originally a Forfeiture, but much mifwritten by the Ignorance of Clerks, Since more properly it Should be Miperfing, Mifhering or Mifkering, according to the learned Spelman, in his
Ghjfary. Old Authors have termed it a Freedom or Liberty, becaufe whoever hath this Word inferred in a Charter or Grant, hath not only the Forfeitures and Amerciaments of all others within his Fee for Tranfgreffions, but alfo is himfelf free from the Controul-of any within that Com-

Law it feems more particularly ufed for making a Declaration or Count Shorter, by fubftra&ing or fevering fome of the Subftance. As for Example,

or a

A Man is faid to abridge his Plaint in Affize, Woman her Demand in an Action of Dow-

hath put into the Plaint, or Demand, any in the Tenure of the Tenant or Defendant, if the Tenant pleads Non-tenure, Joint-tenancy, or the like, in Abatement of the Writ, the Demandant may abridge his Plaint, that is, he may leave out that Part, and pray that the Tenant may anfwer to the pafs. Reft, to lbfuratlOtl, (Abjuratio) is a Renouncing by which he hath not yet pleaded and the Reafon Oath ; and Signifieth in our Law a fworn Banish- is, becaufe the Certainty is not fet down in fuch ment, or Forfwcaring of the Realm ; Staundf. PI. Writs: And tho* the Demandant hath abridged Cor. lib. 1. cap. 40. faith out of Polyd. Vigil 1. So his Plaint in Part, yet the Writ remains good
er, that

Land not

ftill

A C
ftill

A C

: So that here Abridger is not con- mand, Advice or Concealment. And a Man Bro. Abridgment, may be Accejfory to the Offence of another after rather fubtrabere. Qp Anno 21 H. 8. cap. 3. Of this the Civilians two Sorts; by the Common Law, or by Statute ; have no Ufe, by Rcaibn of certain cautclous and by the Common Law two Way* alfo, vizClaufes they ordinarily affix to the End of eve- cither before or after the Fact ; before the Fair, as where one comniandcth or adviicth another to in their Libel or Declaration. ry Article See commit a Felony, and is not prefent at the ExeJilVlOyttmit of a Plaint, (Abreviamentum.) cution thereof; for his Prefcncc maketh him alAbridge. jUbjoramrnhnn, Is a Buying of Goods by fo a Principal ; wherefore there cannot be an Wholcfalc, before they arc brought to Market, Accejfory before the Fact in Manflaughter, becaufe and Selling them again in Parcels. Sec Abroab- Manslaughter is fuddc-n, and not premeditated. after the Fat, is, Co. Lib- 4. fol. 44. 2. menu Accejfory Abrogare, To difanul or repeal ; as to when one receives, aflirts or comforts him Jtbjogate, that is, to lay afide, or repeal it, whom he knowcth to have committed a Murder abrogate a Law, or Felony. He who counfels or commands any 6 E. cap. 3. See Prorogue. Anno &bienttl8, or e itbfenfffj, A Parliament Evil, fhall be judged Accejfory to all that follows fo called, held at Dublin, 10 May, 28 H. 8. and upon it, but not to another diftinct Thing. As, I mentioned in Letters Patent, dated 29 H. 8. See command one to beat another, and he beats him fo that the other dies of it, I fhall be Co. 4. Inft. fol. 358. Accejfory to But if I command one to Ileal a JlbConiai e, To deteft and avoid. As in the Form his Murder. of Oath among the Saxoni, recorded by Mr. Som- white Horfc, and he ftcals a black one; or to ner. In illo Deo, pro quo fanBum hoc SanHificatum ejl, burn fuch a Houfe, which he well knows, and he I fliall not be Accejfory. Where volo ejfe nunc Domino meo N. fidelis Sf credibilis, &* a- burns another, mare quod amat, Gp abfoniare quod ablbniat, per the Principal is pardoned or hath his Clergy, the there being a MaxDei rectum, feculi compettntiam. Accejfory cannot be arraigned ; im in th Law, XJbi non eft principalis, non potejl ejfe Jtuuttaifl. Sec Abbuttals. if. Some Words which begin with Ac, are de- accefforius: For it appears not by the Judgment rived from the Saxon Ac, which fignifies an Oak. of Law, that he was Principal ; but if the PrinciJtccapifum and Jccaptrare, the fame with Re- pal, after Attainder, be pardoned, or hath his a. lief; thus capitali Domino accapitare, is to pay Clergy allowed him, there the Accejfory fhall be Relief to the Lord. arraigned. See Sir Ed<w. Coke's Inflitutes, tart z. aicct'Daa 80 Curiam, Is a Writ that lies for fol. 183. In theloweft and higheft Offences, there him who has received falfe Judgment or fears are no Acceffories, but all are Principals ; as in RiPartiality in a Court-Baron, or Hundred-Court, ots, Forcible Entries, and other Tranfgreffions armis, which are the loweft Offences ; fo in being dire&ed to the Sheriff, as appeareth by / Like as the Writ de faljb the higheft.which is Treafon, crimen Uf* Majejlatis, fol. 169. num. 20. Dyer, lies for him that hath received falfe Judg- there me no Acceffories ; but in Felony there are, "fudicio ment in the County-Court: The Form you may both before and after. Accejfory by Statute, is, he fee in F. N. B. fol. 18. d. And in the Regifter, fol. that abetteth, counfelleth or concealeth, commitit is faid, This Writ lies as well for ting or having committed an Offence made Felo9. b. where as Judgment fal fly given: It is a ny by Statute ; for tho' the Statute make no Juftice delayed, Species of the Writ Recordare. Reg. Orig. fol. 56. Mention of Abettors, yet they are by Interpretation included. Of all thefe confult, Staundf. &> F. N. B. ubi fupra. aiCCEDas ao 3Btce4lomttfni, Is a Writ directed PI. Cor. lib. 1. *./>. 45,46, 47,48. There is alio to the Coroner, commanding him to deliver a an Accejfory of an Accejfory, as he that wittingly Writ to the Sheriff; who having a Pone deliver- receiveth An Accejfory to a Felony ; but a Woman in fuch Cafe fhall not be an Accejfory for helping ed him, fupprefles it. Reg. Orig. 83. and as her Husband. Lib. Aff 26. PI. 51. Ciron.Fitz. 197. Jflcceptana', Is a Taking in good Part, Of this to fomc Act done beit were a Kind of PI. Cor. lib. I. cap. 48.

for the Reft

trabere,

but

$&

&

&

Agreeing

Staundf.

Subject,

fore by another, which might have been undone read more in Cromp. Jufi. fol. 37- b. 38, 39. If a and avoided, if fuch Acceptance had not been Man counfel a Woman to murder the Child fhe For Example, If a Bifhop before the Stat. 1 El. hath in her Womb, and afterward the Child is leafe Part of the Pofleflions of his Bifhoprick born, and then murdered by the Woman in the for Term of Years, rcferving Rent, and dies, Abfencc of him that fo gave the Counfel ; yet and after another is made Bifhop ; who accepts, he is Accejfory by his Counfelling before the Birth that is, takes or receives the Rent when it is of the Infant, and not countermanding it. Dyer, due, and ought to be paid ; by this Acceptance the fol. 186. pi. z. Leafe is made good, which elfc the new Bifhop 3lCC0ia, an Husbandman who came from other might have avoided: The like is, if Baron and Parts to till the Land, eo quod adveniens terram colat, Feme feixed of Land in Right of the Feme, and is thus diftinguifhed from incola, Jf. Accola joyn and make a Leafe or Feoffment by Deed, non propriam, propriam colit incola terram. Du Frrfne. ftcCOHaoi?. A Ceremony ufed in Knighthood Rcferving Rent ; the Baron dies, the Feme receives or accepts the Rent ; by this the Feoffment by the King's Putting his Hand about the Knight's or Leafe is confirmed, and fliall bar her of bring- Neck, from the Fr. accoUer, coilum ampleSi. Jli COinrjf {Computus) Is in the Common Law taing a Cui in vita. Co. on Lit. fol. ill. b. XcoeffOjp or aicteffarp. (Accefforius vel Actejfori- ken for a Writ or Action, which lies againft a um) Particeps criminis, Is ufed in our common Law Man, that by Means of Office or Bufincfs underothcrwife than among the Civilians ; for whereas taken, is to render an Accompt to another, and with them it is generally taken for any Thing refufeth ; as a Bailiff towards his Matter, or and the depending upon another, here tho' it be fo like- Guardian in Soccage towards his Ward, wife, yet moft commonly and notorioufly it fig- like ; as you fliall find particularized in Etz. Nat. And by the Statute of WeJlm. 2. nifies a Man guilty of a Felonious Offence, not Brev. 116. fol. but by Participation, as by Com1. If the Acctmptant be found in Arrear, the ; principally
:

cap.

Auditors

A C

A C

Auditors that are afligned to him, have Power to ad Comitatum Norwici vel in Hundredo pro Manerie award him to Prifon, there to remain, till he de Rudham cum pertin. makes Agreement with the Party. But if an AcaicquietanDlB ^legi^, This Writ we find in the Regifter of Writs, fol. I 58. being in Truth a comptant be not allowed rcafonable Expence and a Colls, or charged with more Receipts than he Juflkies, and lies for Surety againll a Creditor, his next Friend may fue a Writ of Ex par- that refufeth to acquit him after the Debt is paid, ought, te talis out of the Chancery, directed to the Sheaifquifrarf. This fays Dr. Wilkins in his Glojfary is a Law- Word, and Vifignifies quiet um redder e. riff, to take four Mainpernors, to bring his Body before the Barons of the Exchequer at a certain de etiam Spelman Gloffar. in voce. It alfo fometimes in 1. fol. 19a. Monajlicon, Tom. Day, and to warn the Lord to appear there the fignifies to pay, as Tenentur haredes teflamenta patrum aliorum prafame Day. See F. N. B. fol. 1 16. debita eorum acquiKitOfi, That is, an Agreement between Two, or decefforum fuorum Jervare, more, to fatisfie a Trefpafs or Offence done by etarc. one to another, for which he hath agreed to Acquittal, Is derived from the French Acquitmake Satisfaction, in Rccompence; which fliall ter, as that from the Latin Compound Acquietare, be a good Bar in Law, if the other after the Ac- and fignifies in Law^o difcharge, or keep in quictrd performed, fliould commence any new Acti- et, and that the Tenant be fafely kept from any on for the fame Trefpafs. Terms de la ley, fol. 14. Entries or Moleftations for any Manner of Service him there- ifluing out of the Land to any Lord, that is a2>i"C0m.ifri: His Confcience accouped

&

&

of:
par.

From
1.

the Latin adculpare.

77-

Pierce

Ploughman, bove the

that
is,

Mefne
is

hereof we fay,

Et

quietus

eft,

difcharged. Co. on Lit. lib. 2. Self. 3kC(ui"li. From the French Accrocher to fix, hook, 1S4. It fignifieth alfo ordinarily a Deliverance, or grapple unto: This Word is vfed Anno 25 and Setting free from the Sufpicion or Guilt of an clafp Ed. 5. Stat. 3. cap. 8. and fignifieth there as much Offence, as he that is difcharged of a Felony by as to encroach, and the French ufe it for Delay, Judgment, is laid to be acquietatus de felonia, arid if it be drawn in Qucftion again, he may plead, as, Accrocher un proces, to delay the Proceedings auter foits acquit. This is Two-fold, Acquittal in in a Suit for fome Time. Vide Encroachment.
fol.

he

aiccmaunce Ceafier, aiccmanni

Bath.
called Acephali,
airepdali.

Cittita?.

See Law, and Aquittal

in

FaB ;

Laws of Ren. 1. Thofe are who were the Levellers of that Age, and acknowledged no Head or Superiour. li'hdf, Cometh of the French Achat, emptio or
In the

nundinatio,

and

is

taken to fignify a Contract or

are indicted, the one as Principal, the pther as Acceffory ; the Principal being difcharged, the Acceffory by Confequence is alfo acquitted,Aiid in this Cafc,as the Acceffory is acquitted by Law, fo is the Principal in Fact. Staundf. PI. Cor. 168. Acquittal in Fail is either by VerdiS, or by BatteU; By VerdiS, when by a Jury he is found Not Guilty of the Offence whereof he is charged ;

when Two

Acquittal in

Law

is,

Bargain, Brook, Tit. Contrail, from whence haply in 36 . 3. were ordained to be called Purveyors Achators, becaufe of their frequent Bargain-making; hence alfo with feeming Reafon enough may be derived the Word Cates, fignifying Provifion bought in the Market for great Feafts. aiclitt let, A Meafure of Corn. The Monks of Peterborough had for their weekly Allowance fi.A

By Battel, as when in Appeal, the Plaintiff yieldeth himfelf Creant, or vanquiflit in the Field ; the Judgment fliall be, that the Appellor fliall go Co. quit, and that he fliall recover his Damages.
2 Inft. 385. Acquittal is alfo where there is Lord, Tenant and Mefne, and the Tenant holds Lands of the Mclhe, and the Mefne holds over of the Lord paramount. Now the Mefne ought to acthe Tenant of all Services claimed by any quit other for the fame Lands for the Tenant muft do his Service to the Mefne only, and not to divers Lords for one Parcel of Land See Co. Lift,
;

6 &c. The learncd'Xuthor of the Supplement to the Hift. of the Ch. of Peterborough, p. 274. conjectures this Meafure to have been the fame with our Quarter or Eight Bufhels. An inferiour Church-Ser<irl)Ollte, Acholithus, vant who next under the Sub-Deacon, followed or waited on the Priejls and Deacons, and performed the meaner Offices of lighting the Candles, carrying the Bread and Wine, and paying other (ervile Attendance. This Officer an Acolite, was in our old Englifli called a Colet, from which Apthe Family of Dean Colet, Foundpellation came er of Paul's School. akfcnuu If Dgment'^orifp, on the Death of a Landlord the Tenant pays a Sum of Money in Solvet Acknowledgment of the new Landlord. ltd. ad recognitionem cujujlibet novi Domini de Hope,
cherfetos de

de prad.

&frumento, de Acherfetos
1 1

fip

8 Acherfetos de brafto,
fabis,

&

fol.

100.

Acquittance, Acquietantia, cometh from the French Quiter, that is, accepto ferre, and fignifieth a Releale or Difcharge in Writing of a Sum of Money, or ocher Duty which ought to be paid or done. Alfo the Verb {acquit) the Participle (acquitted) and the Noun (Acquittal) fignifie a Difcharge or Clearing from an Offence objected, as Smith de Rep. Ang. acquitted by Proclamation.
pag. 76. Staundf. PI. Cor. idS. Brook, Tit. Acquittal. This Word differs from that which in the Civil Law is called Acceptitatio , becaufe that

&>c.

Ex

libro

Cart. Priorat. LeominftrU,

and called

in Latin,

Laudativum vel Laudemium, a Laudando

Domino.

from the Sax. Ac,

Place or Feild where Oaks grow, find cjuercus Of Leag, locus, we it in feveral Authors, viz. in Affer, in the Life of Elfred, in Florence of Worcefter 8 5 1, and in Ethel4)rlca,

ward,

Cange. Hifi.Angl. cap. 3. 4lcquietantia oe j&birisi j Jgunujeoi.^,

4.

lib.

Du

To

be

free from Suit and Service in Shires and dreds, to which Purpofe it is faid in
orat. dt Cokesford,

be by Word without Writing, and is nothing but a fained Payment and Difcharge, where no real Payment is had. Nor can it be faid to be Apocha, which is a Witnefiing the Payment or Delivery of Money, which discharges not, unlefs the Money be paid, Terms de Ley, verb. Acquittance. It was the common Form in Deeds of Sale, Gift or other Conveyance Nos autem Warrantizabimus acquietabimus &> defendemus in perpetuum. Pro hoc autem warrantia, acquietantia defexji'

may

&

Hun-

one

Regifi. Priquod prior mil debet facere feStam

To
i.e.

any Claim or Pretenfion, get quit of any Danger or Trouble. Quite,

Hence

to quit

perfectly or 2

entirely,

as

quite

difcharged
quite

A C
quite

A C
quam
is

jus profequendi judicio quod alicui debetur, and divided into perfonalem, realem, & mixtam, Co. A pcrfonal ASion h that which Jltrr, From the Germain Acker, that is, Alter, In/l. 1. fol. 40. one Man may have againft is a Quantity of Land containing in Length foranother, by Rcafon and four in Breadth, or according to of any Contract for Money or Goods, or for ty Perches, any that Proportion, be the Length more or lefs ; Offence done by him, or fome other, for whole and if a Man erect any new Cottage, he muft lay Fact he is anfwcrablc. Brad. lib. 3. cap. 3. nu. i. four Acres of Land to it after this Mcafure, Anno A real Action is defined to be, whereby a DefenWith this Meafurc agrees Crompton, dant claims Title to have a Freehold in 31 El. cap. 7. any Land* in his JurifdiSion of Courts, foh ill. tho* he faith or Tenements, Rents or Comons, in Fce-fimple, And evealio, That according to the Cuftoms of divers Fee-tail, or for Life. BraS. ibid nu. 3. Countries the Perch ditfereth, being in fomc Pla- ry ASion real is either Poffeffory, that is, of his ces, and moft ordinarily, butfixtccn Foot and a own Poffeffion and Scifin, or Aunceftrel of the SeiHalf, but in staff, twenty-four Foot, as was ad- fin or Poffeffion of his Anceftor. Co. lib. 6. fol. 3 judged in the Exchequer, in the Cafe between Sir Writs of Right, Writs of Entry, c^cand their SeveEd. Afion and Sir fob. B. In the Statute made ral Appendixes, as Grand cape, Petit-cape, Re.eipt, concerning fowing Flax, 34 H. 8. c. 4. eight-fcore View, Ayd- Prayer, Voucher, Counter plea 'of Voucher, Perches make an Acre, which is forty multiplied Counter-plea of Warranty, and Recovery of Value, beby four. Alfo the Ordinance of Meafuring Land ing real Anions, took Place, and fwell'd the Ti35 Ed. 1. agrees with this Account. The word tles of our Ycar-Books heretofore, but now grown Acre at firff flgnified not a determined Quantity much out of XJfc of Land, but any open Ground, especially a 4lct(0tl ttlijcr, Is that which licth as well againft wide Campaign from the Saxon Mcer, a Field, or for the Thing which we fcek, at againft the and this antique Senfe of it feems preferv'd in the Perfon that hath it, and is called Mixt, as having Names of Places ; Caftle-Acre, Weft-Acre, Sfc. in a RcfpecKboth to the Thing and the Perfon, Com. Norf. When the Word was applied to the BraS. lib. 3. ca. nu. 5. For Example, The DiviMeafurc of Ground, the Quantity was ftill vari- (ion of an Inheritance between Go-heirs, or Coous, but determined by the Stat, 0131 Ed. 35 Ed. partners, called in the Civil Law (AShfamilia For the different Computation of excifcunda .) Secondly, The Divifion of any par1, 24 H. 8. Acres, obferve this Note in a Terrier of the Eftate ticular Thing being common to more, called alfo belonging to the Prior and Convent of Burcefter Com. ( AHio de communi dividendo ) which BraSon, CuOxon. A. D. 1339- 1 H. 4. Qualibet Acra cont.net du- jacius, Wefenbachius, allowed to be mixt: Of which as feliones turn omnibus Furlongiis xcept:s virgis Britton difcourfcth at large in his 7 1 Chap. In the butt is quarum quatuor virga faciimt unam Acram, Terms of the Law, verb. ASion mixt, it is laid to & aliquando plures. Similiter aliquando quatuor but- be a Suit by the Law, to recover the Thing tes, aliquando quinque, aliquando fex, aliquando fep- demanded, and Damages for the Wrong done ; tem, aliquando OSo faciunt unam Acram, &V. Pa- as in Aflise of No. Dijf. which Writ, if the DifNote at the great Dooms-day fcifbr make a Feoffment to another, the Diffeiffee rocb. Antiq. p. 534. Inquifition, the common Pafture feems meafured mail have againft the Difleifor, and the Feoffee, by Hides, the Arable-Land by carucates, and the or other Tenant, and thereby mail recover Scifin of his Land, and Meadow by Acres. Damages for the mean Pro4) erf, An old Sort of Duel fought by fingle fits, and the Wrong done; and fo is an ASion of Combatants, Englifh and Scotch, between the Wafte, and Quare Imp. Frontiers of their Kingdom with Sword and 'Au'On, Is alfo divided by the Civilians into Lance. E* abufu obtento de voluntate fip mandato Civilem &> Pratoriam, whereof one arifcth out of Domini Regis AnglU &P ScotU, non folum ftmplies the Civil Law in general, the other from fomc PrttorUn Edict. And a Divifion not unlike this Clerici, fed 8f Abbates &P Prions in Diceceft Karleoli, ab aliquo de Regno ScotU de re ali- may be made in the Common Law of England, ft appellati fuerint cum Lanceis Gla- one Part growing from the ancient Cuftoms, qua, & e converfo compelluntur diis alias inermes duellum, quod dicitur Acram com- the other from the Statute. Bro. Tit. ASion fur. le Moneatis igitur Stat. mitlere inter fores utriufque regni <C rtmntf, Alfo are divided into Civil, Penal Quod tarn deteftabilis abufto utrumque Regem Annal. and Mixt. 6 Co. fol. 6\. a. ASion Civil is that quoad pevfonas Ecclefiafthas non fervetur. Burton, Sub. An. 1137. Hence I conjecture, as which tends only to the Recovery of that which was call'd Camp-fight, by Reafon of any Contract, or other like Caufe, this Sort of judicial Duelling and the Combatants Champions from the open is due to us: As if a Man by ASion feek to recofo Mcer a- ver a Sum of Money formerly lent,cy<:. Field that was the Stage of Trial <Sn 41ttiotl JDfnal, Aims at fome Penalty or Pu mong the Saxcns being the fume with Campus, the Borderers on Scotland, who beft retained the Saxon nifhment in the Party fued, be it Corporal or As in the Action Legit AquilU, in the Dialect, called fuch Campfight, Mcer-Feobt, Acre- Pecuniary and ibmetimes fimply Acre. Civil Law and in the Common Law, the next Fight Blindnefs. The right Word is Friends of a Man felonioufly flain or wounded, 45croifi^, i. e. Acrafta : But we find in the Monafticon pag. 694. (hall purine the Law againft the Offender, Inter medios homines qui eis inftdias tetenderant, quafi and bring him to condign Punifhment. Br. U 3. Acroifia fercuffos, ad inftat Eliftci tranfiernnt. Du c. 4. Frefne. 4i(tion milt, Seeks both the Thing whereof wc 3C(tilia, Military Utenfils. Quilibet paralus fit are deprived, and a Penalty for the unjuft Detencum Actiliis SP harnejftis, &r. Et quicunque habet de- tion. As in an Action for Tithes upon the Stat, cern libras in bonis, fip non h.tbuerit omnia cremorum of 1 3 E. 6. cap. 1 3. Item e(l alia ASio mixta, Du Frefne. locum habet inter ect aSilia, perdat omnia bona. qua dicitur ASio Hircifcunda, ui eommunem babent bareditatem, &V. See Co. on JLttton, ASio, is defined by BraSon, lib. 3. <. I. in the fame Manner as by ft9 5, lib. it. 261. b. 4. J-uftinian fol.

Dead, &V.

to

to fatisfy or to quite or quot,

quite quottcd.

in

quiet, His Stomach

is

&

&

&

Inftit.

titulo

di

AHionibus, viz. Actio nihil

alittd

eft

Action,

A C
SCtion, Is alfo (according to the Form of the Writ) divided into fuch as are conceived to recover either the fimple Value of the Thing challenged, or the Double, Treble,or Quadruple. BraB. lib. So doth a Decies tantum lie a3. cap. 3. nu. 6.

A C
as grew from Laws, Decrees of the Senate or Conffitutions of the Emperors, whereas ABions granted by the Prastor, fell within the Year.

Such

: And that Perfonal, which has beginning Recovery, and alfo Limitation of Affitf. and from our felves. There is alfo^<F? Aun2ltion popular, Is given upon the Breach of and Anion Auncefirel PofleJfory,Ythicb fome Penal Statute, which every Man that will, ceftrel Droiturel, fee in Co. z. Inft. f. 291. may fue forhimfelf and the King, by InformatiStttiort upon rlje (JJaff, ABio fuper cafum, Is a on, or otherwife ; And becaufe this ABion is not general ABion given for Redrefs of Wrongs done given to one efpecially but generally to any of without Force againft any Man, and by Law not the King's People that will fue, it is called an but in this Cafe, when one hath efpecially provided for ; for when you have any ABion popular Occafion of Suit, that neither hath a fit nor begun to purfue an ABion, no other may file it; certain Form prescribed ; then the Clerks of the and in this as it feems, it varies from an ABion Chancery in ancient Time conceived a fit Form popular by the Civil Law. Terms de Ley. of Atlion for the Fact in Qucftion, which the Ci4)rt/on, Is farther divided into ABionem bone fivilians call ABionem in faBum, and the Common dei 8s which Divifion hath good Ufe ftriBi juris, Lawyers, ABionem fuper cafum. And whereas in in the Common Law, tho" the Terms are not to the Civil Law, there are two Sorts of thefc ABi- be found in any of their Writers ; therefore we ons ; one termed ABio in faBum prxferiptis verbis refer them to the Civilians, and particularly Wethe other, ABio in faBum prttoria the Former femb. in his Paratitles, De Oblig. aB. grounded upon Words paffed in Contract ; the o2lCtion Of a (Hint, Is a Phrafe of Speech ufed ther more generally upon any Fact touching ei- when one pleads fome Matter,- by which he ther Contractor Offence, formerly not provided fhews the Plaintiff had no Caufe to have the Writ This ABion upon the Cafe feemeth more he brought, yet it may be that he may have anagainft to refemble the ABio Pretoria in faBum, than the other Writ or ABion for the fame Matter. Such a other; becaufe in the Perufal of the Book of Pica is called a Plea to the ABion of the Writ ; Entries, &> Bro. Abridgment, I find that an ABi- whereas, if by the Plea, it fhould appear that the on upon the Cafe lieth as well againft Offences, Plaintiff hath no Caufe to have an ABion for the as Breach of Contract. See more of this in TrefThing demanded, then it fhall be called a Plea to the ABion. Terms de pafs. Ley. <ttiOn upon A Coat of Mail. Ex S>tatUtf, ABio fuper Statutum, 3iit0, ABon, Aketon. Is brought upon the Breach of a Statute, whereby Gallico Hoqueton, aut Hauqueton, feu potius ex an ABion is given that lay not before; as where Cambro-Britannico Aftwm, Lorica, Dupla ,Luplodes, one commits Perjury, to the Prejudice of an- Du Frefne Tho. Walfingh. in Ed. 3. Induother, he who is endamaged, fhall have a Writ tus autem fuit Fp'ffcltt quadam armatura, quam upon the Stat, that is, where the Stat, gives the Aketon vulgariter appeliamus. Stat. Rob. 1. Regis Suit or ABion to the Party grieved, or otherwife Scot. cap. a 7. guilibet habent in defenjlone regni to one Perfon certain And this ABion feems to unum fujJtcienternA&onem ; unum bafinetum, be like any ABion in the Law Imperial, cither up- chirothecas de guerra. on EdiBum Pr&toris, Plebifcitum, or Senatus conful3Lct0ii Burnet, A Statute fo called, made 13 tum ; for as the Prttor, fo the common People in E. 1. An. 1285. ordaining the Statute Merchant, Comitiis, and the Senators or Nobility, in Curia and was fo termed from a Place named ABon Buror Senatu, had Power to make Laws, whereupon nel, where it was made, being a Caftle fometime the Praetor, or other Judges permitted ABion So belonging to the Family of Burnel, afterwards of our High Court of Parliament make Stat, againft Lovel, in Shropjhire. fuch Offences as arc either 41(10 of parliament, Arc po fiti ve Laws, which newly grown, or more and more encreafed, and the Judges arc obliged confift of two Parts, that is, the Words of the to entertain their Pleas that commence ABions aAB, and the Senfe and Meaning, which both gainft the Breakers of them. joined together make the Law. 2&iticm, Is perpetual or temporal in Civil (terpetua vel <C(toj, The Proctor or Advocate temporalis') and that is called perpetual, whofe Courts or Caufes. ABor Dominuus, was often Force cannot be determined by Time ; of which ufed for the Lord's Bailiff, or Attorney. ABor fort were all civil ABions among the Romans, viz. Ecclefid, was fometime the Forinfick Term for

England perpetual and temporary indeed all ABions may be called And againft perpetual, that are not exprefly limited. As divers gainft Embraceors. F. N. B. fol. 171. Jurors that take Money for their Verdict of ei- Statutes give ABion, lb they be purfued within ther or both Parties : And any other ABion up- the Time by them prefcribed As for Example, the Statute of 1 Ed. 6. cap. 1. gives ABion for 3 on a Statute that punifhes any Offence by Reftitution, or Fine proportionable to the Tranf- Years after the Offences committed, and no longAnd the Statute 7 H. 8. cap. 3. doth the like er. greflion. 3l<ti0n, Alfo is Prejudicial, (otherwife called for four Years ; and that of 31 El. cap. 5. for one Prejudicial, is that which Year and no more ; and the Act for Uniformity, Preparatory) or Principal grows from fome Doubt in'the Principal: As if 14 Car. 2. cap. 4. limits fome Things to two, fome a Man fuehis younger Brother for Land defend- to three Months, and fome to more. But as by ed from his Father, and it is objected, that he is the Civil Law, no ABions were at laft fo perpetua Baftard. Brad. lib. 3. cap. 4. num. 6. For this al, but that by Time they might be prefcribed aPoint of Barftardy mull be tried, before the gainft ; fb in our Common Law, tho' ABions may Caufe can further proceed, and therefore termed be called perpetual, in Companion of thofe that be exprefly limited by Statute, yet there is a prtjudicialis, quia prim judicanda. Action, Is either Auncefirel or Perfonal, Staundf. Means to prefcribe againft real ABions within five PI. Com. 59. we Years, by a Fine levied, or a Recovery fuffered ; Auncefirel feems to be that which have by fome right defcending from our Ance as you may fee further in the Words Fine and

So

ABions

we have in : And

ftor

in

&

&

the

A D
the Advocate or Pleading Patron of a Church. Aflor uilU was the Steward or Head Bailift of a Town or Village. aKhtarp, (Aftuarini) Is the Clerk or Scribe, that rcgiftcrs the Canons and Conftitutions of the Convocation : Alfo an Officer in the Court
Chriftian,

A D
the Table of the Judicial rendum,
RegiJIer,

vcrbo

Ad

inqul

4!DlOUrnmenf, (Adjournamentum) the lame with the French Adjournment, and fignifics drnunciatio, or diet diSio, that is, by out Common Law an Affignment of a Day, or a putting off until another Day and Place. So Adjournment In Eyrt (ij E. 3.

who

is

in

3>bcre0iilitarp, to
ft

Nature of a Rcgifter. purge himfelf by Oath:

in Ccllegio fuerit, ubi aliquis occifus eft,

quod earn non percuffit. Brompton ; cap. 34. apud Wilkins,

iiOfiition,

>$i Statute of Purveyors, cap. 18.) is ah Appointment adcredulitet of a Day, when the Juftices in Eyre mean to fit Leges Inc. cap. 3<5. apud again; and Adjournment hath the lame Significa-

who

interprets

it

tion

in 2 E.

3. cap. 11.

See

jujlificet fe.

journment.
(Additio)

Word made of our Common Law, a

French
fides

and Surname, (hewing his EDegree, Myftcry, Trade, Place of DwelAs for Example, Additions of Eftate ling, Gfc. are Yeoman, Gentleman, Efquire, and fuch like ; Additions of Degree, are Names of Dignity, as Knight, Earl, Marquefs, Duke : Additions of Myhis Chriftian
ftatc,

Is both the EngliJI) and tum) is the Lath, and figniheth in Skene notes in his Book de verba Signif. verbo AdTitle given to a Man be- joumatus, out of Cajfarutus de confuet. Burg. See

The Baftard Latin Word (adjeumamenufed among the Burgundians, at Mr.

Bra. Abridg. Tit.

Ad-

Prorogue* aiDiratUtfj Things ftoln

Price or Value fet upon a Compenfation to the viz. Poterit enim rem [nam Owner, petere tit adiratam per teflimonium proborum hominum. Braffon,
/.

e.

or

loft, as

lib.

3.

trail. 2. cap. 32.

So

in Fleta,

lib.

l.cap. 38.

ftery, arc Scrivener, Painter, Mafon, Carpenter, and all other of like Nature; for Myftery Is the Craft or Occupation, whereby a gets his

Man

Adiratam, &>c. StOJUblcation, (Adj:<dicatio) A Settlement by Judgment, Decree or Sentence. 16 &> 17 Car. 2.

Poterit

rem fum petere

civiliter ut

of Towns, as London, Kingflon, cap. 10. &c. and where a Man hath a Houfhold f'ura egfflf, Is a Writ that lies for the Chefler, in two Places, he fhall be faid to dwell in both King's Clerk againft him that fought to c'jcSt him, of them ; fo that his Addition in either fhall fuf- to the Prejudice of the Kings Title in Right of That the Word Knave was antiently an his Crown. Reg. of Writs fol. 61. a. ficc. For the UTe of thefe AdAddition, fee Knave. 3tblcqiart, othcrwife Aleier in Fr. is to purge In the Laws of ditions in Original Writs, of Actions Perfonal, himfelf of a Crime by Oath. Appeals and Indiftrtents, it is provided by the King Alfred, in Brotnpt. Chron. cap. 4. Si fe velit adLiving
:

Addition

Statute 1 H. $ cap. 5. that in Suits or Actions, where Procefs of TJtlaty lies, fuch Additions fhould be to the Name of the Defendant, to ftiew his Eftate, Myftery, and Place where he dwells and that Writs not having fuch Additions, fhall abate, if the Defendant take Exception thereto, but not by the Office of the Court ; and this was ordained by that Statute, that one Man might not be vexed or troubled by the XJtlary of another, but that by reafon of the certain Addition,
;

legiare, Ore. cap. 13. Si per Sexaginta hidas, &>c.

accufetur, hide

Du

adlegiet/e

aibmeafuremenr, {Admenfuratio) h a Writ which lyeth for the bringing of thofe to Reafon, or a Mediocrity, that ufurp more than their Part and it lies in two Cafes one is termed Admeafurement of Dower, Admenfuratio dotis, where the Widow of the deceafed holdcth from the Heir or his Guardian, more in the Name of her Dower, than of Right is belonging unto her,
; ;

Cange.

every Perfbn

Burden

See alfo Crompton Jujl. the Overplus. The other is, Admeafurement of J9J cJP Paflure, Admenfuratio Pajlur*, which lies between thofe that have Common of Pafturc appendant to their Freeholds or Common by Vicinage, in See Redouhers. kiltlOUbO^H. SDCltng, Or Ethding, from the Saxon JEdelan, Cafe any one or more of them do furcharge or the Dutch Edel, (ignifying Excellent, and was the Common with more Cattle than they ought. a Title of Honour among the Angles, properly Reg. Orig. fol. 156. b. F. N. B. fol. 125. This pertaining to the King's Children, and Succeflbrs Writ lies not for the Lord, nor againft the Lord, of the Crown ; whereupon Xing Edward the Con- but the Lord may diftrain the Bearts of the Tefeflor being himfelf without Iflue, and intending nant that are Surplufage But if the Lord overto make Edgar (to whom he was great Unkle by charge the Common, the Commoner hath no the Mother's fide) the Heir of his Kingdom, gave Remedy by the Common Law, but an Aflize of him the Honourable Stile of Adding. Rog. Ho- his Common. Terms de la ley 24. <COminiclf, {Adminiculum) Aid or Support. venden, part* pojter. fuor. Annal. fol. 347. a. Vide etiam Leges fanHi Ed. Conf. M- S. a Will. Conq. re- Anno 1 Ed. 4. cap. 1. Jt was ufual with the Saxons aibminiflrato;, {Adminifhator in Lat.) Is in the cept. cap. antepenult. to join the Word Ling, which fignify'd a Son, Senfe of our Common Law taken for one that or the younger, to the Chriftian Name ; as Ed- hath the Goods of a Man dying inteftate, commundeling for the Son of Edmund ; fo that Adding mitted to his Charge by the Ordinary, and is acSee more of this countable for the fame, whenever it fhall pleale fignify'd the Son of a King. the Ordinary to call him thereto. In this peWord in Spelman's Gloffary. atoluamire, airamire, arriamarf, to promife culiar Senfe, this Word is not ufed in aH the or oblige himfelf before a Magiftrate to do a Civil or Canon Law, but more generally for thofe that have the Government of any Thing. Thing. Du Frefne. 3fD Itiquirenbum, Is a Writ Judicial, command- However the Signification came to be rcftraincd But there is a Statute ing Inquiry to be made of any thing touching a among us, it matters not. Caufc depending in the King's Court for the bet- made 31 E. 3. cap. 11. whereby Power was given ter Execution of Juftice; as of Baflardy, Bondmen, to the Ordinary, toappoint thefe Adminiftrators, and fuch like ; whereof fee great Divcrfity in and to authorize them as fully as Executojp^to See Bro. Tit. Addition.
of Peace, fol. 95, 96. Co. 1 Part Infi, fol. 666. and Stat. 2 ? El. cap. 7.
:

may be known, and bear his own Regift. Orig. fol. 1 7 1. a. Fitzberb. Nat. Brev. fil. For more Additions of Town, 148. in Which Cafe the Heir fhall be reftored to particular

^gather

A D
gather up and difpofe the Goods of the deccafed, for the fame fo as they mould be accountable the Statute as Executors. And before that by was ordained, That 2. 13 E. 1. cap. 19. it Weflm. be the Goods of Perfons dying inteftate, fhould committed to the Ordinary's Difpofition, who as far as his fliould be bound to anfwer his Debts Goods would extend. Againft fuch an Adminiand for him, an Action will lye as for an firator, to the Value of Executor, and he fhall be charged
the Goods and no farther, unlefs by his own falfe deceafed. Plea or by wafting the Goods of the are not If the Adminifirator die, his Executors it behoves the Ordinary to ; but Adminiftrators commit a new Adminiftration. And if a Stranor Executor, take ger that is not Adminifirator adminifter of the' Goods of the Deccafed, and
his
faid Voyages.
fions

A D
next the Sea ; alfo to arreft Ships in great Streams, for the ^Voyages of the King and Realm, and hath Jurifdiction in fuch Streams during the

And Mr. Pryn

pa. 75.

in his

Animadver-

on

Co.

Infi. 4.

fays,

he had Jurifdic-

tion,

nions, of all Caufes both of Merchants and Mariners, and might judge them in a fummary way, according to the Laws of Okron, and other Sea-

both within and without the King's Domi-

Laws. The firft Title of Admiral of England exprcfly conferr'd upon a Subject, was given by Patent of Rich. 2. to Richard Fitz-Alen, Jun. Earl of Arundel and Surrey, 10 Sep. An. 10. Rich. 2. For thofe who before enjoy 'd the Office were firoply term'd Admirals, though their Jurifdiction fecms as large, efpecially in the Reign of Ed. 3. when

the Court of Admiralty was firft erc&cd. Vid. Spelbe charged and fued as man in voce, who gives a Catalogue of the Adbut if the mirals from 8 Hen. 3. to i<$ Jac. 1. This Officer an Executor, and not as Adminifirator ; a Letter, Ad colligendum bona de- in our old Records is ftyled Capitaneus MarinaOrdinary make hath fuch a Letter, is not Admini- riorum, funBi, he that the Ordinary, 38Dtni(Bon, Is when the Patron prcfents to a firator; but the ASion lies againft as if he had the Goods in his own Hand. Terms Church, being void, and the Bifhop upon Examination, admits the Clerk able, by faying Adde ley Tit. Adminifirator. Durante rtiino^c setate, Cannot mittote habilem. Co. on Lit. fol. 344. a. ^omintCcato? unlefs it be 01 ^OmittenDO tleriro, Is a Writ granted to him fell the Goods of the Deceafed, for Payment of Debts, or bona peritura, that hath recovered his Right of Prefcntation Neceffity, of the againft the Bifhop, in the Common for he hath his Office pro bono fc> commodo Bench, the his Prejudice, and his Ad- Form of which you may have in F. N. B. Infant, and not for fol. 38. of Seven- And Reg. Orig.fol. 33. a. miniftration ceafeth at the Infant's Age UtDmittenuO in SJOCtum, Is a Writ for the teen Years. Co. 5. Rep. Prince's Cafe. Where one hath Goods only in an inferior Diocefe, yet the Affociation of certain Perfons to Jufticcs of Affize fame Province pretending before appointed. Reg. Orig. fol. 206". a. Metropolitan of the 3K>nicl)tleD, 28 H. 8. cap. 7. From the Lat. Nithat he had bona notabilla in divers Diocefes, commits Adminiftration ; this is not void, but void- hil, or as it was written of old Nichil, fignifies able by Sentence, becaufe the Metropolitan hath annulled, made void, or brought to nothing. 2JD Potltem, Paunton in Lincoln Power over his whole Province ; but if the Orfoire. when 3lDquietarr, Is the fame as acquietare, i. e. to dinary of a Diocefe commit Adminiftration, hath bona notabilla, fuch Adminiftration pay Petitum eft ut Clerus adquietaret novem millia the Party is mccrly void, becaufe by no Means he can Marcarum. Matt. Parif. Anno 1287. Is a Writ that lies to the have Jurifdiction of the Cafe. 2&p quoo amnum, *Dtnintffratrtr, (Lat.) She that hath fuch Sheriff, to inquire what Damage it may be to others for the King to grant a Fair or Market ; or Power and Goods committed to her. iottliral, {Admiralius, Admiralius, Admiralis, for the King, or any other Pcrfon to give any and derived of the Lands holden in Fee-fi tuple, in Mortmain, to Capitaneus, or Cufios maris) French Amiral, fignifies both with them and with any Houfe of Religion, or other Body Politick ; the for in that Cafe the Land is faid to fall in manum us, a high Officer or Magiftrate, that hath Government of the King's Navy, and the hear- mtrrtuam, into a dead hand ; that is, it is in fuch Sea. Cromp. an Eftate and Condition, that the Chief Lords ing of all Caufes belonging to the Jur. fol. 8S. An. 1 5 R. 2. Cap. 1 5. 1 5 R. 2. cap. 3. lofe all hope of Heriots, Service of Courts and 2 H. 4. cap. 11. 2 H. 4. cap. 6. 23 H. 8. 1 5. This Efcheats upon any traiterous or felonious Offence Officer is in all Kingdoms of Europe that border committed by the Tenant ; for a Body politick upon the Sea. This Magiftrate among the Ro- dieth not, neither can perform perfonal Service, mans was called Pr&feBus claffis, as appeareth by or commit Treafon or Felony, as a fingle PerTuUy, in Verrem. 7. Mr. Guin, in his Preface to fon may. And therefore it feems convenient, bis Reading, believes this Office was firft created that before any fuch Grant be made, it be known in the Time of Ed. 3. his Reafon is this, becaufe what Prejudice it is like to work either to the Britton that wrote in Ed. the Firft's Time, in the Grantor or others. Fitz. Nat. Brev. 221. fol. Beginning of his Book, taking upon him to name Terms de ley 25. Vide Mortmain. all the Courts of Juftice, makes no Mention of 2S0?amirf, Vid. to Arrain. this Court, or Magiftrate ; and Richard the Se3lD;ettare, Addretiare, Addrejfare, i. e. ad reBum cond in the Tenth Year of his Reign, limited ire, reBofiare, To fatisfy, to make Amends Gerhis Jurifdiction to the Power he'had in his Grand- uas Dorobern. fub anno 11 70. Ouod erunt coram Dofather Ed. 3. his Days. But contrary to this, it mino Rege die quern eis conftituerit, ad reBum facienaddretiandum ei, QPhominibusfuis appears by fbmc antient Records, that not only dum quod adin the Days of Edward the Firft, but alfo of drctiare debuerunt. Hence the French ftill ufe the King John, all Caufes of Merchants and Mari- Word Addreffer in this Senfe, To do right. ners, and Things happening within the main Sea, 210 termmum qui p?Ctcrtif, Is a Writ of Enwere ever tried before the Lord Admiral. To try, that lies where a Man having leafed Lands this Pnrpofe he hath his Court call'd The Admi- or Tenements for Term of Life or Years, and ralty : He hath Cognisance of the Death or May- after the Term expired, is held from them by hem of a Man committed in any great Ship riding the Tenant, or other Stranger, that occupieth in great Rivers, beneath the Bridges of the fame the fame, and. deforceth the LefTor In fuch 4 Cafe

own Wrong, he

fhall

&

Cafe
Fitzh.

this

Writ
Is

lies
fol.

Nat. Brev.
a

for the Lcflor and his Heirs. 201.

S. Martini, de auibus

Civitas

Vidua,

Rex

nihil babet.

Et

tit.

Ccftrc
1.

fi

fe

non legitime commif ebat xx

comprising a Month, or thereabouts, and begins upon the Sunday, that falls either upon St. Andrew s Day, being the 50th of November, or next after it, and continue* till the Feaft of the Nativity of our Lord, commonDurandus tells us it was ly cull'd Chrijlmas. The firtt Week in Adinstituted by St. Peter. vent is that which is fartheft from the Fcalt of
3Ctittcnt,

Time

emendebat, puelia vero x s. The Penalty of this Sin was called JUirUMt by our Saxons. Sec in fart oke / Z "' thc noublc C'<C of \ -9 'e "-/ Margaret, the Wife of John de Camoii, who, with thc Confent of her Husband, lived in with Sir

William PaneH, yet

Adultery
tibi

Rex
inijuiri

Vic. Soutbt.

her Dower. See Pracipimus quod Dower.

loft

diligenter

the

which

Nativity ; and that which is ncareft, is is the lull, as appears by this Diftich ;

Canjcur. fa.ias per legates homines de Vifn. that ft Robertas Pincerna, babens fufpcRum Will.

Wake

Andrea;

ordine quovis, fejio vicinior,

qui cum uxorefua Adulterium committers, prohibit it ei ingreffum domus fug, &> fi idem Will, poll prchibitionem il/am, domum Robcrti Adulipfius

Adventum Domini
But
Sir

feria

prima

colit.

terium prtdiclum commifit, inde prefatus Robertus

mentuld

ingrtjfus

fi Inqufitio dederit, quod ita Juts qui cum eo trant ad Part Inf. fol 265. miter. &" catalla fua, ocafione ilia inmanum stakes in laying it ends eight Days after the Epi- bocfaciend. nofiram feifita, in pace effe facias, donee aliud inde phany ; herein our Ancestors repofed much Re- tibi veritatem ittius prtcipimus, verence and Devotion, in regard of the near Apinquifitioms G.filPetri Juflic. &> Baronibus noftris de Suite, fire fac. of that folcmn FcaSl ; infomuch that it is proach Tefte G. fit. Petri Com. ESTcx, apud Wadejloke, laid, Inter Plac. de tempt. Regis Johan. Ebor. 116. Nov. Clauf. 14 Joh. m. 2. Perhaps this might that In adventu Domini nuUa ajftfa debet capi, all 3 be in fomc Degree, purfuant to a Law made by Contentions in Law, were then remitted. WhereWilliam thc Conqueror, That whoever there was a Statute made Anno forced a WoE. 1. be-

eum

privavit,

&

Edward

Coke,

fit,

tunc eidem

Roberto

&

&

Genitals. man, fl)ould lofe ing Wejlm. 1. cap. 48. that notwithstanding the SHOuocafe, The EcclefiaStical or Church Adutual Solemnity, it might be lawful (in refaid vocate Was of two Sorts. Either I. Advocate of thc fpeS of Juftice and Charity, which ought at all Caufcs and Intcreft of thc Church, retain d as a Times to be regarded) to take Affiles of Novel Counfcllor and Pleader, to maintain thc and Darrein Presentment in ProperDiffeifin, Mortdanceflcr , ties and Rights ; Or, 2. Advocate or Patron of the Time of Advent, Septuagefima and Lent. This thc and Advowfon. Both thefc OfPresentation Times from the Beginning is alfo one of the fices did originally belong to the fame Founder whereof to the End of the O&aves of the Epiof a Church or Convent, and his Heirs, who the Solemnizing of Marriage was forbidphany, were bound to protect and defend the Church, as den, by rcafon of certain Spiritual Joy that the well as to nominate or As Ailwin prefent to it. Church ought to conceive in the Remembrance
his

upon

Founder of Ramfey Abby, Proruit in Medium, of her Spoufe, Chrifi Jefus, and was not without fe Ramefienfit Ecclefi* advoratum, fe poffeffionum ejus Licence to be entertained, according to fpecial tutorem allegans. Lib. Ramtf. SeB. 49. But when the old Verfes, the Patrons grew negligent, or were Men of no Interest of Ability in the Courts of Juftice, then Conjugium Advcntus prohibet, Hilariq; relaxat, the Religious began to retain a to
Lnv/-Advocate,

and profecute their Cbntroverfial Caufes, Vid. Spclman in voce. Rogatio vetitat, concedit Trina Poteftas. aiottcicarione hecinurtmi, Is a Writ that licth Vide Rogation-WecU and Septuagefima. This So- for the Claim of thc fourth Part, or upward, of lemn FeaSl had its Name of Advent, becauie it the Tithes that belong to any Church. Reg. Orig. did fo immediately precede the Appearing of our fol. 29. b. Lord, and therefore was pr&paratio fanBa in AdUlOOOli;, Alias Avow, advocare, cometh of the French Word Advouer, alias Avouer, and ventum Domini. fignifieth as much as to juftify or maintain an At formerly Sin Vicnfrcm infy'rirnntim, Is a Writ mentioned in the Statute of ESToins. 1 2 E. 2. See more done: For Example, One takes a DiStrels for Rent, or other Thing, and he that is distrained in the Title Ventre infpiciendo, fucth a Replevin now he that took thc DirtrcSs, aiDbcrarf, To Aver, to affirm or make good. or to whole Ufc the Diflrefs was taken by ano{.Anno 1 H. 7. cap. 4. and in divers ther, S&rnlffrf, justifying or maintaining the Aft, is Said to other both Places and Authors termed Advowtry) avow, Termes de Ley 73. Hence comes Advowant in Latin Adulterium (as it were Ad alterius tborum and Advowry, Old. Nat. Brev. fol. 43. Braffon ufes afcendere) is properly the Sin of Incontinence be. the Latn Word in the fame Signification (as Adtwecn two married Pcrfons ; yet if but one be vocatio lib. 4. cap. 26. and Cajfanttus, de Dijfeifina) married, it is Adultery, which is fevercly pu- confuet. Burg. pag. 1210. ufes advocare in the fame nilh'd by the Laws of God, and the antient Laws And pag. izi 3. the Substantive Signification. of the Land; not to mention the Julian Law, adefavoha men turn, for a Difavowing, or Rcfufal to mong the old Romans, which made it Death. avow. Thc Signification of thc Word is to bring Edmundus Rex Adulterium affici juffit infiar bomicidii forth any Thing, viz. when ltoln Goods were LL. fuarum cap. 4. Canutus Rex hominem adulte. brought by one, and fold to another, it was lawrum in exilium relegari jujftt, fceminam nafum > au- ful for the right Owner to take them where ever res pracidi. LL. Par. 2. cap. 6. & 50. Qui uxoratus they were found, and he in whofe PoSTcffion faciet Adulterium, habet Rex vel Dominus fuperiorem, they were found, was bound advocare, i. e. to Efifcopus infer iorem. LL. Hen. I. cap. 12. Dome/day. produce the Seller to juftify the Sale and fo on Tit. Chcnt, Rex, Dover. De Adultcrio per till they found the Thief. Afterwards thc totam Chent, babet Rex hominem, Arcbiepifopus tnu- Word was taken for any Thing which a Man aclierem, excepta terra St*. Trinitatis, S. Augufiini, O5 knowledged to be his own, or done by him, and
Scptuagena
folicit
; ;

vetat, fed Pafchas otlavo reducit,

in

A D
in

A D

Senfc 'tis mentioned in Fleta, lib. i. cap. 1 200. Or by direct. Prefentation to theDiocefan: Par. 4. Si Vir ipfum in Domo fua fufiepirit, nu- As Reginald E. of Bolein, in his, Charter to the trient CF advocaverit ftlium [uum. Priory of Cold Norton Com. Oxon. I20IT Non hoc
this
15.

autem pretermittenduni eft quod Domus ilia de noftra donatione CP Nos ibi Priorem apponere debemus, eft, Where we find alfo 8cc. If a tree Election were left to the Religious, j. Advowee paramount, for the higheft Patron, and yet a Conge a" ejlire, or Licenfe of Elefting was firft to be obtain'd of the Patron; and the Elcft is fpoken of the King. Advo,atus eft ad quern perwas confirm'd by him. The Patronage of a Cont'metjus Advocationis alirujus Ecclrfi*, ut ad Eccleftnomine propria non alieno, pofftt prtfentare. Fleta, vent lapfed to the Lord of the Honour, .if the Faam, mil y of the Founder were extinct: So Edmund lib. 5. cap. 14. FitdO' Nat. Br. fol. 39. ufeth it in Earl of Cornwall became Patron of the Nunnery the lame Signification. See Avowee. of Goring, Com. Oxon. by no other Title, than aiOUotofc paramount. See Advowee. as that Houfe was fituate within the Honour of 3JDi)0totrj\ See Adultery. Wallingford. Sec Mr. Kennet's Paroch. Antiq. p. SOtooUrirn, Or Ad\-owfon, Advocatio fignifieth Common Law a Right to prefcnt to a Be- 147, 163in our 3H0un pO^fUS: Ederington.

bin that liath Right Anno 25 Edw. 5. Stat.

3l0l)Oteur, alias JtbOtoue, (advocates) is ufcd for to prefcnt to a Benefice,

nefice,

and

is

as

much

Canon

Law: The

as jus Patronatus in
it

the

Reafon why

is

16

termed,

alicujus Ecclefts ratione fui juris advocat fe ad eandem afferitfe in eadem habere jus Patronatus, Ecclejiam ejfe fui qua ft client is loco ; vel potius cum aliqui eamque (nempe Patronus) advocat alium jure fuo ad Eccle-

was a common Name for a Bird's Neft, t. e. the Place orRepofitory of Eggs. Hence too the Eye, or Brood of Pheafants. The Liberty of keeping thefe Ayeries of Hawks, was granted as a to fome greater Perfons, as in a Charwhich depends upon a Manor, as appur- Privilege pendant, ter of In neHenry 3. to the Churh of York tenant to it; termed therefore by Kitchin an Inmore de Blideward habebat Archiepifiopus Canonhi cident, that it may be feparated from the Subject. areas acmet, Of this Mr. John Skene, de verbor. Sign, hath thefe de Ebor. proprios Foreftarios fuos, cipitrum &> noiforum. Regiftr. Job. Romani Words, Dicitur Advocatio Eccleftie, vel quia Patronus Ebor. the
rie
:

becaufc they that originally obtained the Right of Prefenting to any Church, were Alaintainers of, or great Benefactors to that Church, either by Building, or inand are therefore ibmetimes termed creasing it Patroni, fometimes Advocati, and fometimes Dein Decretal. fenfires, cap. 4. 6 2. de jure Patronatus And Advowfin being an old Baftard French Word, is ufed for the Right of Prefenting, as appeareth by the Statute of Weft- 2. 13 Ed. 1. c. 5. And Advowry is ufcd in the lame Senfe, in the Statute of Provifors, 25 Ed. 3. Now Advowfin is of two Sorts Firft, Advonfon in grofs ; that is, fole or principal, not belonging to any Manor, as a Parcel of its Right ; and fecondly, Advowfin apthis,
;

procecdeth from

jEjale 23;?ifl; from the Sax. Aylesbury. 3lflmcftul), Pecunia Eleemofynaria, fiiluet,
narii fanifi Petri.
Is

De-

Vide Almsfeoh.

31ene, Or, Ayry of Gofhawks (Aeria accipitrum,) the proper Term for Hawks, for that which of other Birds we call a Neft. Thus it is ufed, 9 H. 3. cap. 1 2. in the Charter of the Forcft, and divers other Places. Aerie comes from the French So is Aire, the proper Term for a Hawk's Neft. Airg faid to fignify in Irifh. But Spelman derives it from Saxon Eghe, which the Germans and

Normans melted

into Eye, an

Egg

whence Eye-

&

& &

&

and Woods, was one Sort of Serjeanty, or Tenure of Land by Service. So An. 20 Ed. 1. Simon de Raghton &* alii tenent terras
in

MS. f. 91. Arepi in the King's Forefts

The Freierving

Aeries

ftam vacantem, eumque loco & quaft exhibet. prxfentat,

dejunili) Church could be Aerias Aufturcorum Domini Regis. iE'.ica, Netherby upon Esk in Cumberland. canonically confecrated, without an Allotment aJernetp. Vide Efnecy. of Manfc and Glebe, made generally by the jEfitmatlO (apiti?, Sax. Were, i. e. pretium hoLord of the Manor, who thereby became Adminis. King Athelftan in a great Aflembly held 16 as the Lordvocate or Patron of that Church at Exeter, declared that Mulcts were to be paid of the Manor, and Patronage of the Church fliip for Oftences committed awere rarely in different Hands, till Advowfins pro teftimatione capitis;

altetius (veluti

Raghton, Com. Cumbr. per ferjantiam cuftodiendi

No

were unhappily given to Religious Houfes. It had been more to the Honour of this Church and Nation, if Advowfins had all continued appendant to the Manor. For then the Patrons had been (as they firft were) Parochial Barons, and fo Men of Reputation and Intereft in each refbcfive Parifli. Whereas the Dividing the Lordihip of the Manor from the Advowfin of the Church, has enabled Yeomen and Mechanicks the Dignity of Patrons from the Noto purchafc bility and Gentry, to the Prejudice of the Church, and the great Confufion of Degrees and Qualities.

according to their DeEftimation of the King's Head to be 30000 Thuringg, of an Archbiihop, or Satrapas, or Prince 15000, of a Bifliop or a Senator 3000, of a Prieft, or a Thane 2000, ficc. LL. Ren. I.
grees.

gainft ieveral Perfons,

The

and
mer,

Creffy's

Church

Hittory,

fol.

384.

b.

JESlbalia,
tur. Addit.

Sort of thin Boots worn in

i6z.

Sum-

aftivalibus largis feu lotis pro Calceamentis utun-

ad Matt. Par if. pag.

caligA

pedum funt

& xftivalia.

Calceamenta

Ibid.

pag. 168.

aiiMjobifon Cf Kfliqiotl* IgoufCjB', built and entiow'd a Parifh- Church,

made Patrons of it So thofe who founded Houfe of Religion, had thereby the Advowany Sometimes the Patron fin or Patronage of it. had the fole Nomination of the Prelate, Abbot rected to the Sheriff, to impanel a Jury againft or Prior; either by Invefture or Delivery of a a Day certain, before Commiflioners authorized Paftoral Staff as William Marejbal, E. of Pem- under the Great Seal, to deal in fuch a Cafe.
Title
:
:

As thofe who were by that

JEtate r^obantw, Is a Writ that the King's Tenant holding in chief, by Chivalry, and being Ward, by reafon of Nonage, obtaineth to the Efcheator of the County where he was born, or where the Land lieth, to enquire whether he be of full Age, to receive his Lands into his own Hands, Reg. Orig. f. 294, 295. F. N. B. fol. 253. 8c 257. he faith that this Writ is fometimes di-

broke, to

the
5

Abby of

Notely,

Com.

Buck. A. D.

Now

out of Ufe.

A F F
bably
is,

A F F
May
in the

JlfffcrcrB, {Afferatores, alias Ajjidati) probe derived from the French {Affier) that

mon Law

and fignifics affirmare, confrmare; litch as are appointed in

Com-

mus vos ad fuperprovidrndum quod omnei Utminet it Com. Berk.' Equitatura c^ aliii armis tentibus muniantur, &>' aJ arma affidientur, > arrai-

upon Oath, to fee committed Faults arbitrarily punilhable, and have no exprefs Penalty appointed by the StaThe Form of their Oath you may tee in tute. The Rcafon of this DenominaKitchin, fol. 46".
tion

Court-Lccts, tntur juxta formam Slotuti. Confuetud. Dom. de lathe Fines on fuch as have tendon. MS. fol. 55.
3lfi0iatll9,
2Jlfflrwgf,
tal
;

The fame

with Affidatus.

hence

Purgatio metalli, a Refining to fine, and to refine.

Affirmare, Signifies

of Me-

may

feein

pointed Oaths, what Another probable the Offender hath deferved Derivation may be from(/r) an old Englim
:

to that

be, becaufc they that be apOffice, do affirm upon their Penalty they think in Confcicnce

to

Word
among

fignifying a the Saxons,

{verb, lontubemalis,) Words and fo it

;

Companion, as (Grfrro)doth by Mr. Lombard's Teftimony in his Explication of Saxon

to ratify or conor Judgment: So is the Subftantive {Affirmant) ulcd Anvo 8 H- 6. cap. 12. And fo is the Verb it fclf by Wejl. part 2. Symbol. Tit. Bines, feii. 152. if the Judgment be affirmed, bye. and alfo by Crompton in his Jurifd.

Stffttm,

firm a former

Law

yol.

166.

See 19 H.

7. cap.

20.

9fkrmarr,
liter

The fame
monilia,

may be gathered that Kit,hin takes it cap. Amercements, fol. 78. in thefc Words, Mes tied amerciament fait affire per pares; where and the Rcafon hereof may {pares) is affeerers be, for that in this Bufincfs they are made ComVVc find this Word ufed, panions, or Equals. 25 Ed. 5. Stat. 7. viz. The fame Jufticet before
;

(hut. Obtulit duo

&

with
jufftt

Firmare,
ei

i. e.

to

feretro indelibt-

ad memoriam fui davit fortiter athnnari. Matt, parif. Anno 1251. 4Ufo,Mtiu?, Appriz'd or valu'd, as Things vendible in a Fair or Market. Retinuit Rex potefiaiem pardonandi ei omnimoda ameriamenta tarn arforata, quam non aftorata, tarn de fe quant de omnibus hominibus. Cartularium MS. f. 58. AfGlajlon.

their Rijing in every Scfftons, pall caufe to be aftccrcd the Amercements ; and alfo to the fame Etiett, 26

H. 6. c. 6. And Kitchin, fol. 78. joins thefc three VVords together, as Sytumma't, viz.. Affidati, A- per facramentum parium. Charta anno 1316.
merciatores, Ajfirors ; Ajjidare in the Canon ufed for Ftdem dare, ca. fina. dc cognation, fpirit. in
is

Et quod amerciaforare is ufed in the fame Senl'e menta prtdiflorum tenentium atforentur taxentut
:

&

apttd

Law

Thorn.

Du

Cange.

Decretal.

&

ca. fuper

eo

de tefiibus.

BraHon hath upon

The Calling of a Court Afforciamentunt CurU, a folcmn and extraordinary Occafion.

lib.

Faciiint bis in anno Reef urn ad bundreJum Abipjius of Nor- botts de Niivetone, fcil. ad Cur. ad FejlHokeday, this Word ( Affeurer,) the Latin um S. Martini. ad atforciumentun Curix, q.iomandy, cap. 20. to fct cxprclfes by {Taxare,) that is, tiefuvcjue latro adjudicandus fuerit, vel quum at/qua Interpreter the Value of a Thing, and the fame with djli- loquela ibi fuerit, qua. terminari non potent fine attorthe belt Etymo- ciamcnro Lurise. Cartular. mare, &Pc. which feems indeed Glajhn. MS. f. 43. Sec Go. lib. 8. fol. 40. b. A Fortrefs or logy. hold, or

to be betrothed to a Ajjidare mulierem, But in the Cuftumary 2. cap. 12.

Woman,

&

&

aifffri.

See Averia.

and a Woman, upon agreement or Mar- mad. on Coke, f. 1S4. Faciendo unam Sect am per them ; the Latin Word atforciamentum ad curiam Dunbam-Maffy. Charta riage to be had between from whence this is derived, is as much, Will, de Tablcy tempore Ed. 1. See Effor.eament. {affidore) ad alium dare, and this Word Affiance is as fidem 3lffo^i*iarr, Signifies to add, encreafe or make ufed by Littleton, c. Dower, feii. ,9ftrongcr: Cum jurat.res in veritate dicenda funt fibi or give Feal- contrarii de ita quod curie, ntloi cictur aiffiDiH f . To plight one's Faith, affifa, confttio Oath, &Pc. Mulier apponantur alit juxta numerum majorts partis, quit i. e. Fidelity, by making ty, manu falib 4. cap. 19.) that is, Let tnc accufato de affifa cerevifi* fraHa potejl fola diffenferit (Bration manuBaliivi \N ltiiellcs be encrcafed. cere legem ft voluerit, id eft, affidarc in

aifftancr, Ii the plighting

of Troth betwixt a

ftrong Pro reparatione murorum aliorum Atforciamentorum diiU civitatis. Pryn Ani-

31lt0,u'lrtmint,

other Fortification.

&

Man

&>

effe quieta, quod ft per Ballivum. Confuetudinar. f. 22.

noluerit affidarc, amerciabitur

Dom.

de

Farendon MS.
taken
the

afftci^cifltut", Ri,berti le Moyne de

Oath by fcfllDatio 3Drjniin02iim, An Lords in Parliament, Anno 3 H- 6. Rot. Pari.

Sec Commendator.

3ft'ojifl, Is

thin Cloth ufed for Caps : Capa atforciato albo, cfv. bu Conge. to turn a Piece of Ground into
3.

Forcft, Charta, de Forejla, cap. I.S* 30. ar.no 9 11. What that is, ice more at large in Forefl.

French Word {Ejfrayer) 3tffraj>, Cometh of the Tenant by a Fealty, be withterrere, to affright, and therefore may witnefs this Charter, Ego Rogerus, &>c dedi, '&c. out Word or Blow given, and fo is the Word Willclmo Wallenfi pro fuo fervitio unam acram, &c. zE. 3. Ml )cd in thc Statute of

%ffMt\ig,
*

Signifies

&P concefjione devenit prtdiSus Will. lt is commonly taken for a Skirmilh, or Fighting &c. Affidati von froprie Vafalli funt, between two or more In our Books it is many clientelam Times confounded with an Affault, as appears by fed quaft vaffalli, qui in alicujus fidem mutua fidelifunt recepti, ft c. Affidatio accipitur pro Lombard, in his Emtutrtba , Lb. z. cap. 3. ci^ lib. 1. tatis connexion tarn in fponfaliis quam inter Dominum as it is there laid, they diricr in this, cap. 17. yet &> Vaffalhtm. Proles de arfidata CP non maritata, that where an Ajf.mlt is but a Wrong to the S. penes Arth. Trevor. Ar. Affidato the Commonnon eft htres, Party, an Affray is a Wrong and punilfitus f gnifics alfo a Retainer. wealth, and therefore both iuquirable an Oatlr, asto><i** able in a Leet. It may be laid likewiie, that an 2&ffiiTauit, In Law fignifies of one fide, but an Affray is the is to teftify a Thing upon Oath. Affault is but Affidavit, this Sij ad arma, To be mutter- Fighting of many together: Bcfides 3tffiuiari, feu Affidiari an Oath of cation already mentioned, it may be taken foi ed and enrolled for Soldiers, upon Cum afftgnaveri- a Terror wrought in thc Subjett by an unlawful Rex dileH'ts Fidelity.
.

pro hac donatione Affidatus meus,

0-

/!?-_

J--

:.

j.

~J.Zt..*

Will

mNorthampton, -,. .* .1
:

&

Sight

A G

A G

as if a Man fhew himfelf ables to enter an Order of Religion without Con Sight of Violence, Qfc. furnilhed with Armour or Weapons*not ufually tent of Parents, Anno 52 H. 4. cap. 1 7. See Co. on Worn, it may ftrike a Fear into others unarmed, Lit.fol. 78.6 or atatis precatio) Is and fo it is ufed anno 1 E. 3. cap. 3. 4 H. 6, 10. 'Jtge Vi\tt, (Mtatem precari, a Petition or Motion made in Court by one in his 3 E. 4, 5mftraamfntum. The Freight of a Ship, from Minority (having an Action brought againft him for Lands coming to him by Defccnt) that the the French Fret, which fignifies the fame. Sciatii quod cum, ut accepimus nuper in quadam caufa Action may ccafe, till he arrive to his full Age, miritima pecuniaria viginti gP quinque librarum pra- which the Court in moft Caufes ought to yield textu Affrctamcnti medietatis cujufdam Cranera vo- unto This is otherwise in the Civil Law*, which cau La Chriflopher de Burfton, '&c. Pat. 1 1 H. 4. enforces Children in their Minority to anfwer 1. m. 12. by their Tutors or Curators. W. de minor. 25 p. Vel Affra, Bullocks or other Beafts of the anno.
:

3fffrt,

Littleborough upon Trent. ^IjJGlOCUm, Plough, Vtcecomes liberet ei omnia caialla debhoris, 2. cap. 18. And #enfri08, i.e. the true Lord or Owner of any except is bob hi &P AfFris caruc*., Weft. in Northumberland to this Day, they call a dull or Thing {viz, ) Si porcus non fMerit ibi fepius quam flow Horfe a falfe Aver, or Afer. Spelm. Whence femel, det agenfrida uimm folidum Leg. Ina;, cap. alfo with Probability enough, may be drawn the 5o._apud Bromptbn, cap. 45 See Rogenhine. Word Heyfer for a young Cow. aigi'nliiiie. Sqf'it anD Patient, Is when a Man is the Do Ujjalma, the Image or Impreffibn bf a Seal: Ego Dunflanus banc libertatem cruris agalmatc con- crof a Thing, and the Party to whom it is done, Ec- as where a Woman endows her felf of the faireft fignavi. Cbarta Edgari Regis pro WefimonafterU PofTeffion bf her Husband Alfo if a Man be in anno 968. tlejia, in the debted to another, and after makes the Party, aigc, JEtas, Trench aage, and fignificth a Man s Life, from his to whom he is fo indebted, his Executor, and Language of the Vulgar Birth to the Day of his Death; but in the Com- dies the Executor may retain fo much of the demon Law it is particularly ufed for thofc fpecial ceafed Goods in his Hands as his own Debt aTimes, which enable Men and Women to do that, mounts to, and by this Retainer he is Agent and which before for want of Age, and confequcntly Patient ; that is, the Party to whom the Debt is And thefe due, and the Party that pays the fame. Sed quiof Judgment, they might not do Times in a Man arc two, at fourteen Years he is te de hoc, for that it is refolvcd, Co. lib. 8. 138. in at the Age of Difcretion, twenty-one Years he is Boham's Cafe, that a Man fhall not be Judge in offMAge. Littleton lib. 2. cap. 4. The Law takes his own Caufe, Quix iniquum ejl aliquem fui rei effie Notice of him at feveral other Ages, as at twelve judicem. aiger STftTf, Is the fame with an Acre of Land Years, to take the Oath of Allegiance in a Leet at fourteen to confent to Marriage, and in So- {viz,) Rex WiJiielmus mifit jufiiciarios per cmr.es Anat fif glite Comitatus inquirere fecit quot agri vel jugera cage to chufe his Guardian. Dyer, fol. 162teen for the Lord to have Aid pur fair Fitz Chiva- terrae, In a aigUD. Free from Penalty, not fubjedt to the lier, F. N. B. in brevi de rationabili guxilio. Woman they were fix. Bro. Gard. 7. Firft at fc- cuftomary Fine or Impofition. Leges Aluredi cap. ven Years of Age, her Father being the Lord, 6. Si Utlaga ejficiat ut occidatur, pro eo quod contra Regis imperium Jiet might heretofore diftrain his Tenants for Aid pur Dei reflum jaceat Agild. file marier, for at thofc Years fhe may confent to In Legibus Hen. 1. cap. 81. Egild is corruptly put Matrimony. BraH. lib. cap. 36. nu. 3. Secondly, for Agild. The Word Agild fignifies alfo, a Perfon at nine Years old, flie is Dowable, for then, or lb vile, that whoever killed him was to pay no within half a Year after, fhe is able promereri do- Mult for his Death. 'Tis derived from the privatem 6s varum fufiinere. Fleta. lib. 5. cap. 22. Lit. tive a, and the Saxon Geldan, folvere ; quaft ftne 1. cap. 5. which BraBon loco citato does not- mulSa. lib. %llfr, An Obferver or Informer, from the withftanding limit to twelve Years. Thirdly, at twelve Years fhe is able to ratify and confirm Sax. a privative and Gilt, culpa. her former Confent given to Matrimony. Fourth3lgil!ariU0. A Eey-ward, i. t. a Herd-ward or Years fhe is enabled to receive Keeper of the Herd of Cattle in a Common ly, at fourteen her Lands into her own Hands, and fhall be out Field, fworn at the Lord's Court, by folemn of Ward, if fhe be at that Age at her Anccftor's Oath, of which the Form is delivered by Kitchen Death. Fifthly, at fixtccn Years ihe fhall be out of Courts f. 46". The Office of Agiliarius was of of Ward, though at the Death of her Anccftor, two Sorts ; Firft the common Hey-tvard of a Town The Reafon is, becaufe or Village, to fupervife and guard the greater fhe was under fourteen then fhe may take a Husband able to perform Cattle, or common Herd of Kine and Oxen, to Knight-Service. Sixthly, at twenty-one Years keep them within their due Bounds He was ofhe is able to alienate her Lands and Tenements ; therwife called Bubulcus , the Cow-ward ( now befides, as to a Man we may add, that at fifteen turned into a Name of Contempt and Reproach, Years he fhall be fworn to keep the King's Peace, a pitiful Coward) who, if he was a Cottager, or oAnno 34 E. 1. Stat. 3. The Age of twenty-one did ther fervile Tenant, he was exempted from all heretofore compel a Man to be a Knight that had cuftomary Works and manual Services to the twenty Pounds lands per avn. in Fee, and that by Lord ; becaufe he was prcfumed to be alway at1 E. 2. Stat. I. which is fince repealed by 17 Car. tending on his Herd, as a Shephard on his Flock, That Age alfb enables him to con- who had therefore the like Privilege. 1. Sunt tap, 20. tract and deal by himfelf in the Management of ibi xvi Cotari, quorum alii funt Bubulci, alii funt his Eftatcs, which until that Time he cannot do non effent, deberet Vafioves, qui ft quilibet unum opus with Security of thofc that deal with him. The Jingulis feptimanis per annum. Cartular. Glafton. MS. Age of twelve binds to Appearance before the f. 40. Secondly, the Agiliarius of the Lord of a Sheriffs and Coroner for Enquiry after Robberies, Manor, or of a Religious Houfe, who was to take Anno j 2 H. 3. cap. 24. The Age of 14 Years cn- Care of the Tillage, Fencing, Harveft-Work, QPc. and 5
; : ; : ;

&c

&

&

A G
Paroch. Antiq.p. 534. 57*". JUgiO, From the French {Gift) a

A
Bed or
Refta

and to fee there were no Encroachments, or grarra Her, Was a Law made by the Romans, Diftrift. for the Distribution of Lands Trefpaflcs committed on that particular among the common The fame in Effer with that Officer, who has People. been called the Field's-man, See Mr. Kennett agreement, (Agreamentum which is according
to Plowden, aggregate mentium
;)

Ii

gether of two or more Minds in any Thing done, Or gifter, ftabulari, or to be done, and this is threefold: 1. ing-place, or giftr, jacire, An Ato a Deer, cum fub menfem Malum e greement executed Word proper already at the Beginning, and of which Mention is made, locis abditis in quibus delituit emigrant in loco deledo 25 E. 3. cap. 3. of : Unde tommoda fif propinqua fit pabu- Cloaths, which faith, That the Gxds bought by ftabulari incipit It fignifies i.ith. Bud*us m Pofterior. lib. PhilologU. Forcftallers, being thereof attainted,J,all be to forfeit in our Common Law to take in and feed the the King, if the Buyer have made CTree with the Selin the King's Forcft, and to ler: Where the Word Cattle of Strangers {Gree) which othcrwifc is the Money due for the fame to the Kings Agreement executed, fignifies Payment for the The Thing, or Satisfaftion. 2. An Ife. Charta dt Forefta. an. 9 H. 5, cap. o. father Agreement after an Officers that do this, are called Agiftors, in Eng- Act done, by another, and is executed alfo; this Gueft-takers. Cromp. jur. fil. 146. Thcfe are is where one does an Aft, and another lijb agrees to made by the King's Letters Patent, under the it afterwards. 3. An Agreement executory, or to Great Seal of England, of whom the King hath be done infuturo, and this is where both Panics four in every Foreft, where he taketh any Pawn- at one Time are agreed that fuch a Thing fhall In be done in Time to come ; which is 11. fol. 80. age. Manwood's Foreft-Law, cap. executory what their Office confifts, fee the fame Manivood, in Regard the Thing is to be done afterwards ;
part

a joining to-

Their Fun&ion is termed Agift- for which fee 26 H. 8. cap. 3. And this p. 336". may be as Agiftment upon the Sea-banks, an. 6 H. 6. divided into two Parts, one which is certain at ment, is alio ufed for the Taking in of 0- the Beginning, the c. 5. This other when the Certainty Agift thcrMen's Cattle into any Ground at a certainRate doth not appear at firft, an d the Parties
i-

per

See impart, Inft. fol. 293. The Word is alfo taken for a Charge or Burden on a Agift Thing ; as terrt ad cuftodiam Maris agiftaU, (Selden, Mar. Clauf- p' l 9-) are Lands charged with a Tribute to keep out the Sea ; or whofe Owners are bound to keep up the Sea-Banks. The Agiftor or Forcft-Officer, who Jlg'Sato,!, was to take Account of the Cattle there agifted, whether they bclong'd to Tenants within the Fofree Agiftment, or to Foreigners who reft, who bad Rate. Thefe Agiftatores in an old paid a common VcrGon of Charta de Forefta, are calledGWi- <<*&, or Walkers. Hence our Grafiers now call the Fo-

Week.

that the Thing mall be performed or paid upon r the Certainty known.
3liuf, Auxilium, Is all one in Signification with the French (Aide) And differs only in Pronunciation: But in our Law it is applied to divers Signi-

agree

fications, as fomctimes it fignifies a Suhfidy, as 14 2. 3. Stat. cap. 1. fometimes a reflation due from Tenants to their Lords, as towards the Relief due to the Lord Paramount. Glanvile, lib. 0. c. 8.

E.

the take in to keep reign Cattle which they by Week, Gifements, or Juicements (pronounced like the Joices in Building, corrupted from the French the Crofs-pieccs of Timber that arc Adjouftment, or fitted, to make the Frame of the adjufted when Floor.) And to gife or juice the Ground, is the Occupier feeds it not with his own proper Stock, but takes in other Cattle to agift, or paAll Glcfographers agree to derive this fture in it. Word from the French Gifter, to lie, Gift a Bed, ftPt. But I rather think Agiftamentum bears Relation to Ager the Field, or Feeding-place of Catthe fame as Agrarium, Agerium, tle, and might be of Feeding Cattle onfucha Agrot'wm, the Profit Ground and Field Unlels it were fo, I can Tax levied for hardly imagine, why the Duty or the Bank and Walls in Romney Marih, repairing was call'd Agiftamentum ; and the laying fuch a feveral Lands, Proportion of this Duty upon th was called Agiftath ; and he who was the Collector

This the King or other Lord, might of old lay on their Tenants for Knighting his eldeft Son at the Age of fifteen Years, or marrying his Daughter at feven, Reg. Orig. fol. St. a. andthat at what Rate themfelves lifted :But the Stat, of tVeftm. I. an 3 E. 1. ordained a Reftraint for fo unlimited a Demand; and 25 E. 3. Stat. 5. cap. 11. provides, That the Rate fet down by the former
Statute, fhould hold in the

Lords ; of which Mention is made 27 H. i.e. 10. This Impofition fecms to have defcended to us from Normandy (or rather from a more ancient Original, The Feodal Laws,) for in the Grand Cuftomary, cap. 35. you have a Tractate intituled,
Des aides Che-uelz, i. e. auxiliis capitalibus the firft is, a f aire leyne de [on
lier
;
;

King

as well as other

whereof

to

make

fttz

Seigneur Cbava:

his eldeft

pur eine file marier; to

both thefe, and all Charges incident thereunto, are taken away, and difcharged by Stat. 12. Car.
2.

Son Knight The Second, marry the eldeft Daughter

;

cap.

24.

But the Word Aid

differs

from Tax

in Signification : For Taxes were formerly levied at the Will of the Lord Occafion what

and Expenditer of it, See Gloflary to Paroch.

ftator.

but Aids could not be levied, but was termed Agiftator. where it was lawful and cuftomary fo to do as to make the eldeft Son a Knight, to marry the Antiq. in voce Agieldeft Daughter, or to redeem the Lord from
foever
;
.

upon any

Agitatio Animalium in Forefta,The Drift in the Forcft. . Leges Foreftt.

of Beafts Prifon.
is

2HgiU8
122.

Gr.

i.

e.

Holy

as,

trophteum agias cruets imprejp. Monaftk. pag. 15, 17,

of Help from another that hath an Intcreft in the Caufe in Queftion, and is likely both to give A fmall Cake, or Piece of white Strength to the Party that praycth in Aid of him, Slgnufif 3T*f ' Wax, commonly in a flat Oval Form, ftamped and alfo to avoid a Prejudice growing toward his as when Tewith the Figure of the Lamb of God, and con- own Right, except it be prevented fecrated by the Pope, and then given or fold for nant for Term of Life, by Curtefy, Tenant in Tail at a precious Trifle of* Superftition. after Poflibiltty of Iffae cxtinB, for Term of Tears, niu,
;

Ego triumphalem

Du Cange in verbo auxilium. This Word alfo particularly ufed in Matter of Pleading, for a Petition made in Court for the Calling in

3HaniU0 Jf lUfotltf. or by Statute Merchant, being impleaded alfo the River Alne in NorthumIt that is, ft**, fignifies his Eftatc, may petere auxilium, touching * that is, de- berland. in the Rcverfion pray in Aid of him in by Writ, 3Wba, The Alb, or Aub; the Surplice or white fire the Court that he may be called Service by the ofwhat he thinks good for the Mainte- Sacerdotal Veft, ufed in Divine to alledge Terrnesde ficiating Prieft, not fo plain and Simple as what nance both of his Right, and his own ; much difufed. is now more decently prefcrib'd by our Church. la Ley : But this Courfe has been in Aide, and trier It is likewifc called Camifta, Podaris, Talaris, Fttzherbert mentions both Trier
Willy
;

The River Awn

in Wilt-

&c. Aide de Patron, &c. auxilium petere a Patrono. Subucula, 2Wja firma, Cenfus annualis toui Centenario Jive d. And the new Book of Entries, Nat. Brev. / 50. This Word Domino Hundred! penditur. Idea Alba ditta, quod non verbo Aide de parcener, f. 411. col. 4. This Aide pr,er ex more prifci feculi in annona qu<e tunc Black-mail 1 7is alfo found in 1 3 R. 2. cap. that nuncupata fuit {hoc eft, cenfus velfirma nigra, fed aris fometimes alfo ufed in the King's Behoof, until gento, quaft tenfu albo reddebatur. Spelman. Duplex there may be no Proceeding againft him, tenura in Com. Weftmerl. fell, alia per Albam firthe King's Counfel be called and heard, to fay eft the King's Pre- mam, &> alia per Cornagium, &c. 2 Part. Inftwhat they think fit for avoiding as if the King's Tenant holding fol. 10. judice or Lofs ; demanded a Rent of a common Peratlbergellum, the fame with Halsberga ; Omnis in Chief, be the King : Alfo a Ci- homo, &c. habeat albergellum, (<'. e. a Defence for fon, he may pray in Aid of that has a Fee-Farm of the King, his Neck,) Qp capeUum ferreum t lanceam fip gladity or Borough

demanded againft them which um. Hoveden,^. 611. any Thing being ailbO^OUgb. See Efurium. thereunto, may pray Aid of the King, belongs 2Hbum, Ufed for White Rent, paid Of this you may de la Ley, 35, 36. &>c. Termes an. 4 E. 1. cap. 1, 2, Pafch. 6 H. 3. Rot. I. dorfo. read the Statute De

in Silver,

C 14 E. 3. Stat. 1. cap. 14- The n j.vl] Law in Suits begun between two, allows a Third he that comes to come in intereffe ) and
3.

Bigamis,

an.

all

( pro

in for his Intereft,

ponendo, &>e.

comes either

afftftendo,

or

op-

fol.

Sec 1 9 Car. 2. cap. 8. Vide Receit. Comes of the French Word (Aieul) aiiel, (Avus) and fignifies a Writ, which lies where the Grandfather called by our common Lawyers Befayel, but in true French Bifayeul, was feifed in his Deand Tenements mefiie, as of Fee, of any Lands in Fec-fimplc, the Day that he died,and a Stranenters the fame Day, and difpoflefger abates or feth the Heir. F. N. B.fol. 222. See Plow. Com. 449- b. And the Cuftoms of Aiel and its Ap-

the firft ; as Alder- beft, the beft of the moft dear. atlDerman, Sax. Earldorman, Lat. Aldermanus, as much as Senator, or Senior, and was afignifies mong the Saxons ns.Earl among the Danes. Camb.

SHOW,
;

i- e.

Alder-liefeft,

Brit. fol. 107.

Lamb,

in his Explication

of Saxon
pofterior.

Words,

verba Senator. Rog.

Hcveden. part,

fuor. annal.fol.

in Rot. Pari. 4 Ed. 3. purtenances. Dorfet, totius AnglU Aldermannus, See Aery. hujus gari cognatus, aiirp Of igatok. 3M6atl)enta, Ayjfamenta, Eafements or Conve- facri Coenobii miraculofus Fundator. Alderman was one of the three Degrees of niences, from the French Aife, Eafy; or from the Saxon Eith, eafy or ready, which Chaucer calls Nobility amongft the Saxons : JEtheling was the Eitb and Eth, and the Northumbrians ftill ufe Eeth. firft, and Thane the lowcft ; but Alderman was In Grants of Conveyance and Demife, Aijiamenta the fame as our Earl. The Word was difufed in did include any Liberty of Paflage, Open Way, the later Ages of the Saxons, and in its Place "Tis certain Water-courfe, or other cuftomary Benefit, for the Word Earl was introduced. the Eafeand Accommodation of the Owners and that it was ufed in King Athelftane'% Reign. 'Tis true, it literally imports no more than ElInhabitants of any Houfe, or the Tenants of any Land. Hence an Houfe of Office is called an der ; but amongft the Saxons it fignified a Duke, an Earl, a Nobleman, and fometimes a General; Eafement, commonly a Houfe of Eafe. but then he was called Heretoga, (viz.) Mercna itbitOU. See Haketcn. 311, and Alud in the Beginning of the Names Heretoga, Alderman of Mercland ; which Title he as Alborough had in Relation to his Military Power : But the of Places fignify Antiquity , Aldworth, &c. From the Saxon Eald, i. e. ve- Title Alderman fliewed his Civil Turifdittion which Title afterwards was applied to a Judge ; tufias. 3l!se <cclefiae. The Wings or Side, Ifles of the as in the Reign of King Edgar, Almoin, the Son Church From the French Les Ailes de YEglife. of JEthelftane, is called Aldermannus totius Anglia

Town Corporate or City, 24 H. See Spelman's Gloffary at large on this Word ; where you find that here wo nad anciently a Title of Aldermannus Totius Anglia, Witnefi this Infcription upon a Tomb in Ramefey D. Alwinus inclyti Regis EadAbbey. Hie requiefcit
Magiftratc of a
8. cap . 1 3.

346. b. At this Day we call them Aldermen, who are Affociatcs to the chief Civil

&

Ad bafes pilariorum murus

erat tabulis

Marmo-

i.

e.

riis

compoptus, qui Chorum cingens &> Presbyterium, lateribus corpus Eccleji* que Alx vocantur, dividebat. Gervaf. Dorobern. in Defcript. Eccl. Cantuar. 3HanerariU0. Robertus de Chedworth, Vicecom.
Line, liber avit lvi
/.

There

as Spelman tells us, Jufticiarius Anglia. was likewife Aldermannus Hundred's:

Which Dignity was firft introduced in the Reign of H. I. Among his Laws, cap. 8. we read, Praftt

autem ftngulis hominum novenis decimus,

vocetur AlderJohanni de Bellovento, pro mul hundredo unus de melioribus, putura feptem Leporariorum, &P trium Falconum &P mannus, qui Dei leges &> hominum jura ugilantiftuAlanerarii, & pro vadiis unius Bracenarii. \6 Ed. 1. deat obfervantia promovere. Du Cangc. See Senator. Ancient Tenures,^. 125. where Mr. Blount renAt this Day we call them Aldermen who are ders Anelararius, Falconer ; but the Learned Du Aflbciates to the Civil Magiftrate of a City or See Spelman's Frefne fays, Alanus was a Dog well known to the Town Corporate. 24 H. 8. cap. 1 3. Ancients, in Spain ftill called Aluno, (the fame I Gloffarium at large on this Word. prefume with our Englifh Spaniel) and therefore 2BIfCfnarium, a Sort of Hawk, called a Lanner. thinks Alanerarius to be the Keeper or Manager See Putura. of fuch Dogs, for the Sport of Hawking.
viii d.

&

&

toti (i-

m>

3leptman, (Alepimannui)Omnis Alcpinam

ta Soca de

de

to-,

Hccham
;

urn de Chevagio
no, excepth
illis

&

debet fingulis annis

unum

denari

in operabitur per tret Diet

autump-

Confucqui ab hacfervitute liberi funU tudinar. de Mecham Prior Lew. MS. pag. Sit Viijht manripia fuiffe ; indicium ejl. Spclman.

fo to do without the Aflcnt or Licence of another, and in fome not ; as if Tenant in Op\t* alien his Eftatc without the King's Licence, then 12. a reafonable Fine by the Stat, of 1 E. 3.
cap.
fliall

er

detur Alepitnannos
en'itn folutio fervitutis

be taken, whereas at the Common Law, beChevagii fore that Statute, they were held forfeit, Hfc. C-.
lib. 6. fit.

28.

But if a

Man

will alien

Land

in

fans lour, Is French, and fignifies pro- Fce-fimplc to a religious Houfe, or Body CorpoinEnglilh to go without Day ; the Mean- rr.tc, it behoves him to have the King's Licence perly the Court, to make this Alienation, othcrwife the Lands (hall ing whereof is to be finally difmiffed becaufe there is no further Day afligncd for Ap- be forfeit, by the Stat, of 1 J R. 2. cat. 5. 3HifrcO,An old Word, fignifying allowed; from pearance. Kitchin, fol. 1 46. 9ltftluer, A Rent or Tribute yearly paid to the Sax. Alifun, to allow or permit, from whence the Lord Mayor of London, by thofe that fell Ale we fay, fuch a one hath Leave, dfe. within the City. Antiq. Purveyance, fol 189. But in a le9lltnonp. Alimonla, Maintenance 4ileitskf, a May-Pole, and called Aleflake, be- gal Scnfe, fignifies that Allowance that a married But Woman lues for, upon any occafional caufe the Country People drew Ale there Separatifomc will have it not to be like our May-pole, on from her Husband ; wherein (he is not charbut rather a Stake driven into the Ground, ged with Elopement or Adultery. This Alimony was heretofore called Rationabile with a Sign on it, that Ale was fold there. e. reaefloverium, i. 3Uc-tatttT, Is an Officer appointed in every fonable Maintenance, as we may fee by this Writ: CourtLcct, and fworn to look to the Aflixc of Rex, V. Preciptmus tibi quod de Maritagio Emm* de Bread, Ale, or Beer, within, the Precin& of Pinckeney uteris Laurentii Penir, excommunicato
31. cr
: :

that Lordfliip. Kitchen,

traBat, eidem Emm* Rationabile cftovcrium fium Sax. Atftth, invenias, donee idem Laurent ins vir fuus earn tancompounded, (according to D11 Frefne) from ./Elan quam uxorem fuam tratravcrit, ne iteratus clamor ad or Onaelan, accendere ; and Faet vas ; quafi Vas nos inde pervenlat. T. 29 Aug. Anno Rcgni noftri But more likely from ./321c, cerevifia, 7 Rot. Clauf. 7 Hen. p. 1. m. 3. calefaffionis. 9linote. See Halinote. and Fkf ; as we ftillfay, the Ale-fat, or Ale-vat, or

fol. 4.6.

where you may

:

fee

eft,

eo

quod pradiftam

Emmam

qui

affecfiene marital! non

the

Form of

his

Oath.

9lfCtU.ni,

Cauldron or Furnace

Et fi aqu* judicium fit, calefi9Uaunuj6(, Hare -Hounds ab Alanis ScytlU Alfctum ferre- gente,as Moloflbs from Moloffi, a fit People of EpiThe Alfret was a rus. Cauldron in which boiling Water was put for the 9Uaj>, French, in Latin Allay a, is ufed for the Criminal to dip his Head in up to the Elbow, Temper or Mixture of other Metals with Silver and there hold it for fome Time ; fays Du Frefne and Gold, an 9 H. 5. Stat. 2. cap. 4. and Stat. 1. in verba Alfretum. Leges Atlielftani Reg. apud cap. 11. The Reafon of which Allay is with a bafer Metal to augment the Bronip. cap. 19. Weight of the Silver or Gold, fo much as 3UiaB. Vide Capias alias. may countervail the Prince's 3Hifn, (Alienare) Cometh of the French Word Charge in Coinage. Anton. Faher. de Nummariorum (aliener) and fignifies as much as to transfer the debitorum folutionibus, cap. 1. Allay, a Pound- weight Property of any Thing to another. To alien in of right Standard Gold of England, confifts of Mortmain, is to make over Lands or Tenements twenty-three Carats, and three Grains and a half to a religious Houfe or other Body Politick, of fine Gold, and half a Grain A PoundAllay. Staundf. Prar. Reg. fol 4S. See Mortmain. To ali- Weight of right Standard Silver of England, conen in Fee, is to fell the Fec-fimple of any Land fifts of eleven Ounces of fine Silver, and eighor Tenement, or of any Incorporal Right. Weft. teen Penny-weight Allay. Vide Lownd's Eflay upon Coins, p. 19. The 2. cap. 25. an. 13 E. 1. Allay of Silver continues one the fame ; but that of Gold is altered, the 3Ul'fll, Alius, Alienus, Alienigena, fignifies prcborn in a ftrangc Country ; it is ufually taken for lent Standard of Gold in the Mint being twentvto a Denizen, or natural Subject ; two Carats fine, and two Carats the the Difcontrary Allay that is, one born in a ftrange Country, and ne- ference of which is only one Carat three Grains ver here infranchifed. Bro. Denizen 4. Yet a and a Half. Man born out of the Land, fo it be within the 3HJegiarp, To excufe, defend, or to juftify by Limits of the King's Obedience, beyond the Seas, Courfe of Law Si quisfe vent allegiarc /*<-or of any Englifli Parents out of the K.'s Obedi- dum Regis iveregilidam hoc faciat. Leges Alured. cap. ence ; fo the Parents at the Time of the Birth be 4 Allegiat fe facinoris, i. 1. clear or purge of fuch Obedience, is no Alien in Account of Law, himfejf of the Crime obje&cd to him. Ibid. cap. i. e. Allegiare, butaSubjcl,.S7<i*. 2. 25 E. 3. commonly called the 16. juxta legem fe a crimine, quo Statute De natis ultra mare. Alfo, if one born out impetitur, liberate. Spclman. of the King's Allegiance, come and dwell in EngaHItgianfia, Allegiance : The Word at firft proland, his Children begotten here, arc not Aliens, perly implied the due and legal Subjection of but Denizens. Co. Rep. lib. 7. Calvin's Cafe. See every Vaffal to his Lord. It is now rcftraincd to the natural and fworn Denizen. Allegiance or legal HUlcn ^it^ifSf, Thofe Cells of the Religious Obedience, which every Subject owes to his in England, which belonged to foreign Monaftc- Prince. Thefe were diflolved by Authority of Parries. 9Hrr;<Snn?t. The word Alter is to make the liament, in the Reign of Hen. 4. but fome were Expreflion fignify fupcrlatively So Alter Good ij made Indigent, or Endenizcd. the greatcft Good. Sometimes alder. 3Mlf Uiarr, To levy or pay an accuftom'd Fine 9ltCnation, Is to make, a Thing another Man's, or to alter and put the Poffeffion of Lands or Compofition. Sokemanni Pricratus de Spalding, or Tenements, or other Things, from one Man debent alleviare i. eThey ought to filias fuas to another. And in fome Cafes a Man hath Pow- pay to their Lord the Price of Redemption for
Brewing- Veffel.
at, donee excitetur ad bullitum, um, vel tneum, vel plumbeum.

&

their

that is, ailtnfsfrol) or attltncjBfi-ofj, Saxon or to pay an accnftomed Rate marry them. Brady, Pref. to Engl. Alms-Money It was taken for Peter-Pence, anciHift. p. 64. ently paid in England, on the firft of Auguft, and It was 3tUocaftOli,( Alloc atio) Properly a placing or ad- firft given by Ina King of the Weft Saxons. ding to; but in the Senfe of Law it is an Al- called alfo Romefeoh, Romefcot, and HeortJjpening. lowance made upon an Account in the Exche- Sclden'i Hift. Tythes, pag. 217. JtlmonO, Amygdalum, Is well known to every quer. HUocatiorit facienbff, Is a Writ directed to the Man's Sight, being the Kernel of a Nut, of whole Lord Trcafurer and Barons of the Exchequer, up- Nature and Divcrfities, read Gerard's Herbal, lib. on Complaint of fome Accountant, commanding 3. cap. 87. This is noted among Merchandize, them to allow him fuch Sums as he has by Virtue that are to be garbled, anno 1 Joe. cap. "19. of his Office lawfully and rcafonably expended. ailmono; tfumace. At the Silver Mills in Carin diganshire, they have a particular Furnace, Regift. Orig.fil. 206.4. AiiciOial : This is where an Inheritance is held which they melt the Slags or Refufe of the Liwithout paying to any Lord or Superior And tharge not (lamped, with Char-coal only, which therefore is of another Nature from that which they call the Almond, or Almond-Furnace. Perhaps
their Daughters, for Licence to
;
:

Feedalor Benefit iary. From the Sax. a privative All-many, Sax. All-meneyth, mixt all together. and Lead, vajfallus, or rather Leof, Domlmis, i. e. ftlmutmm : This is a Garment which covers Held without any Burthen or Vaflallagc, or with- the Head and Shoulders of the Prieft. Qutfivit
is

out a Superior.
e. Mucidus. 3mugitl0fUs<, ^Uinilinctf, Is derived from the
/'

French word 1530. ailnagp, French Aulnage ; the Meafuring with Allumer, i. e. accendere, and denotes one that by or an Ell, or the Meafure of an Ell. 17 E. 4. cap. 5. his Trade coloureth or paintcth upon Paper .Parchment: And the Reafon is.becaufe he gives See Alnager. ailnager, 3lnageo:, Sulnagcr, JMneqer. In LaLight and Ornament by his Colours to the LetThe Word is ffin Vlniger or TJlnator; that is, a Meafurerby the ters, or other Figures coloured. It may be derived from the French word ufed an. 1 R. 3. cap. 9. At this Day we call fuch Ell a one a Limner. Aulne, an Ell, and fignifies a publick fworn Offiatlmaine nurttf, Is a light Kind of Armour for cers of the King's, who by himlelf, or his Depua Man, with Sleeves of Mail, or Plates of Iron, looks to the Affile of Woollen Cloth made ty, for the Defence of his Arms; this may feem to thro' the Land, and to the Seals for that purpofe have been the Pattern of the Rocket, not long ordained, 252. 3. Stat. 4. cap. 1. and 3 JR. 2. c. 2. (ince in Ufe among us, having loofe Sleeves, who is accountable to the King, for every Cloth which the Livery-Cloaks of Noblemen's Coach- fo fealed in a Fee or Cuftom thereunto belonging. men may alio feem to imitate. anno 1 7 R. 2. cap. 2. Read of this more, 27 E. 3, Ultturia, for Armaria, i.e. the Archives of a 4. 1 H. 4, 13. 7 H. 4, 10. 11 11. 4, 6. 1 2 11. 4, 4. Church, a Library. Omnia etiam Ecclefi*. Almaria 11 H. 6, 9. 31 H. 6. 5. 4 E. 4. 1. 8 E. 4. 1. &> 1 H. There are now three Officers belong3, 8. confregit, chartas privilegia qu*dam igne cremavit. Gervaf. Dorob. in R. 2. ing to the Regulation of Clothing, all which were ailmerp. See Ambrey. anciently comprifed in one Perfon. Thefe bear IKmlfaP, i. e. Holinefs. Hxc tibi expofui ut cer- the diftinct Names of Searcher, Meafurer, and Alnt~ tior fit de almitate ger ; which laft, though in a feveral Language, it hujus emeriti viri, &c. 2Ultmier or %<,moncr,(E!eemefynarius) Is an Of- be the fame with Meafurer ; yet long Ufagc and ficer of a King's or Prince's Houfe, whofc Office is Cuftom have brought them to diftinct Offices, and diligently to collect all the Fragments of Victu- that which was anciently called Alnager, is now als, and diftribute them daily to the Poor; cha- become Collector of the Subfidy granted to the ritably to vifit all Sick, Leprous, Prifoners, poor King, by the fore-mentioned Statutes, ftill holdWidows, and other neceffitous and vagrant Peo- ing the fame Name ; becaufe the Collection of to that ple, that have no conftant Abode: Likewife Subfidy was by Edvi. III. committed to the receive, and faithfully diftribute all caft Horfes, Alneger, and he neverthelefs not abridged of meaRobes, Money, and other Things given in Alms. furing, till by his own Neglect feparated : InfoHe ought alfo by frequent Admonitions, to move much as there is now a peculiar Meafurer to evethe King to beftow his Alms, and efpecially upon ry particular Cloth made in England and Wales : Saints or Holydayi, and to advife him not to give And to prevent Abufes, an Officer of Searching is his rich Robes to Players, Sycophants, Flatterers, eftabliihed by an Act of Parliament, who ought Whilpcrers, or Minftrels, but that he command by peculiar Seal, to denote the Defects which each them to be beftowed as an Increafe of his- Aims. Cloth contains. All thefc were anciently under He hath the Forfeiture ofDeo- the Cognifance of the Alneger, as you may read at Fleta. lib. 2. c. it. dandi, and the Goods of Felons dt fe, which large in a Treatife, entitled The Golden Fleece, he is to difpofe in Alms to the Poor. Termts dt Printed an. 1556. See 4 Inft.fol. 31. la ley, 39. 2Hn.P, a River in Northumberland. 3Umcunf. See Aumone, and Franck-almoynt. 91netUtn, eft ubi aini arbores crefcunt, a Place TJnum Pcmarium &> aUmOiiarium, Almonaria, Almeriola, A Cup- where Alder-Trees grow board or Safe, tofet up cold and broken Victuals, unum Alnetum, unum Sokemannum, & decent to be thence diftributed for Alms to the Poor. Libratas terra. Pat. 16 H. It alfo 3. Par. 1. m. 8. This fort of Repertory is in the Northern Parts often occurs in Domefday. ttill called the aHODium, Signifies a Manor, and Alfidarii or Aumbry, Ambry, and Ammery. Nos dedimus totam illam Seldam vocatam le Hufe, Alodarii, the Lords of the fame Manor. The old cum Schopis, Solariis, Stallis, Cifiis, Almorietit, Translation of the Saxon Laws ufeth this Word cum omnibus fuis Cart. J Rich. 2. for Bochland. And Aloacii, or rather, as I believe, pertinentiis. Cartular. Hofpital. SS. Trinit. dc Pontefrafto Alodacii, for them that hold Bochland or CharterMS. f. 44. lands. Qu.indo moritur Alodarius, Rex inde habtt
:

Epifcoput in quali habitu ejfet ? Refponfum eft quod tuThorn. almutio fine cuculia. nica de Burneto

&

W.

&

&

&

rele-

A L
relevationem
i

terra, &>c.

pcllanc or Vicar, they meant only the arbitrary or accuftomed Offerings at the Altar, and not 2. Tritur.t ceres ac ventrices ne- any Share of the ftanding Tithe, whether Prelib. 1. cap. 82. ^ar. bUdi fuerunt in fuis fotularibus, Ciroticis, A- dial or Mixt. Yet it being ufual for the auicquam Religious to content themfclvcs with the lovcriis, burfit, pantcneriii vel faccttlis. greater Profits includes not of Glebe and Tenths of Corn This Word 2tHtar0, Altaragium; andHay, and to leave the inconsiderable fmall Tithes to the Offionly the Offerings made upon the Altar, butalfo Hence Altaragium by Degrees all the Profit that ariles to the Pricft by Reafon ciating Pricfts of the Altar, Obventio Altaris, as appears by an was fuppofed to include all Dues, except as beTerm of St. Michael 11 Eliz- fore excepted. Oblationes five nummorum, five pa[Order made in the Turner Vicar of num tali vel tali Altari, vel ex devotione vel ex conviz. in the Exchequer, between in Com. North.imp. and Andrews, where- fuetudine, aut a Parochianis, aut ab extraneis fad*, Wefihaddon by it is declared, That by Altaragium is meant Altaragii nomine cenfebantur. Gloff. in Mat. Parif. Tithes of Wool, Lamb, Colt, Calf, Pigs, Codings, ailfo 9 Baflfo, or 3|n 3Ufo <t in Baffo. Chickens, Butter, Chcefc, Hemp, Flax, Honey, By Fruits, Herbs, and other fuch fmaJl Tithes, with this is meant the abfolutc Submiflion of all Difmall be due in the Pariih of Wefi- ferences, fmall and great, high and low. Pattat Offerings that This Order i as follows, viz. haddon. Univerfis, ty>c. quod W. T. de Y. & T. G. de A. pofuerunt fe in Alto Baflo, in arbitrio qu.it uor homi&(Ot)t, Wbiteley in Northumberland. aHotHTltim ; a Purfc. Ti mention 'd in Fleta,
;

lr.fi. fol.

and

5.

Sec

That the Religious when they firft allotDome/day, Rent, and Coke's certain, ted the Altaragium in Pari or Fee. Whole, to the Ca-

&

Inter ordines five decreta de TermiNorthampton, no San'ii Mich. Anno 21 Eli/., in Scaccario retC.

manent es,

&

in

cufiodia

Rememoratorit Regis

inter

alia continetur

fie.

quadam querela, &V. Dat. apud A. die Mer.urii prox. pofi Fefi. Conceptions B. Mar. Vht. anno 2 H. 5. And the like Signification it hath in Plac. coram Rege Hil. 18 E. 1. Ipfe Prior venit
num,
Qpc. de

p Bogo fimiliter, &* ponunt fe in gratiam, miferiordiam fiP voluntatem Regis de Alto Baflb, ad quod mandantur Turri London, @fc. Nos terram noBaffe ipfius Domini Regis the hearing of the Matter betwixt Ralph firam Alte fuppofuimus Turner, Vicar of Weft Haddon, and Ed- voluntati. Du Frefne. See Juftidarius. aUfutf 31uQicianus. ward Andrews, it is ordered, that the faid Vicar Habet Alvctum infula permaximum. aUtocrtlin. have, by Reafon of the Words (Altaragiutn fiali cum manio competently contained in the Compofition Matt. Wefim. 18 J. It is the fame as Alnetum, all which fee. of tlx Profits affigned for the Vicar's Maintenance as he ought to have by thefe Words, accordSmalipr, vel Amvabir, Pretium Virg'mitatis domifuch Things no fokendum LL Gul. Howeli Dha. ing to the Definition thereof made by the Reverend FaRegis Walliae. ther in God, John, Bijbop of London, upon Conference Puella dicitur effe defertum Regis, &> ob hoc Regis efi with the Civilians, vii. David Hewcs, Judge of de ea Amvabyr habere. This Cuftom was in the Honour of Clun, till Henry Earl of Arundel, by the Admiralty, Bartholomew C\nrk,Dean of the Arches Gibfon, Henry Jones, Lawrence Hewcs and his Deed dated 31 Aug. 3, 4. Phil. Qp Mar. rcJohn Edward Stanhope, ail Doctors of the Civil Law, leafcd it to his Tenants, by the Name of The CuSee Cbevage. that is to fay. By Altaragium, Tithes of Wool, fiom of Amabyr and Chevage.
Jovis, 12

Die Nov.

&

&

&

UPon

Lamb, Colt, Calf, Pigts, Gojlings, Chickens, Butter, Cheefe, Hemp, Flax, Honey, Fruits, Herbs, and fuch that pall be due other fmali Tythes, with Offerings,
within the Parijb of Wcfthaddon. And the like Cafe was for Norton in Northampof a later Date, Oblationes five nummorum tonshire, tali vel tali Altari, vel ex devotione, five panum vel ex confuetudine, aut a Parochianis, aut ah extraneis facia,

atmapl,

Enamel.

Una Cuppa

rubea

de Saniy bene brudata imaginibus in tahtrnaculis, cum uno Nouche nobili de argento cum folutione protraBa in

Amayl
ni

faphyri cohr is. Hiftor. Elicn.

I.

apud Wharto-Prior Elienfis

Angl. Sac. P.

p. 642.

contulit Altari

unum

argenteas whiles rum deaurata,

& &

dorfale

puleras in fundo

duas pelves magnum, quarum labra funt per gy-

&

Amayl

inferti in opere ar-

Altaragii nomine ctr.febantur. Glofl*. in tificiofo. lb. p. 649. Mat. Parif. The Word Altarage could fignitie at aUnba&lUJ, /. e. a Servant or Client. than the cafual Profits arifing to firft no more, ainbitifrfcr, Properly denotes a Man that can the Pricft, from the Peoples voluntary Oblations equally ufc both his Hands: But in a legal Senfe, Out of rhefe Cuftomary Dues, the it Signifies, That Juror or Embraccor, that takes at the Altar. of both Parties for the Giving of his Religious affigned a Portion to the Vicar; but in Money liich different Quantity and Method, that fince Vcrditr, for which he forfeits Decies tantum, ten the Reformation, Several Difputes have arofe, Times as much as he takes. 38 . 3. it. Cromp. what Dues were comprehended under the Title Jufi. of Peace, fol. I 56. b. of Altaragium; which was remarkably determinSmafu, Sax. Amber, Lat. Amphora: A Vcflcl ed to comprize all Offerings and fmall Tithes, in among our Saxons, the Quantity now not known a Trial in the Exchequer, in M't.h. Term. 21 Eliz. But I have feen in an old Deed Mention of AmWhich Judgment, I prcfumc, might be ground- bra Salis. It was not only a Meafure of Salt, but
:

ed on this and other Authorities: The Ordinati- of Beer, Butter, Meal, &c. as appears by on of the Vicarage of T'ukhill by Walter Grey, Authorities. Leges In* Wefi-Sax. Tit. 74. Anno Ambrx Cereviffa Walli a plena Ambra butyri. Archbifhop of York, Anno Dom. 1249,

thei'c

Mum

Pontificat. 33. Vicarius

ad fufientationem Jut

habeat

&

Leges Adelftani Regis Tit.

dent
cis

3.

De

d'tabus meis firmis,

Altaragium,

ita

qucd nomine Altaragii

contir.e-

1 antur omnes obvent tones, Decima proventus ipfius de Tickhill, txceptis Decimis bladi, legurmr.is, Aume. Ecclefia terris ad diilam Ecclefiam pertincntibus, Cf fceni, Mmbty, The Place where the Arms, Plate, to faho competente manfo Vicar ;o affignar.do. Mon. Ang. Vcffcls and every Thing which belonged were kept: And probably the it feems to be b. Tom. Hence,

&

Ambra plena farina. fingulis menfibus atnise, (King's Proclamation in 1663)

^^

&

3. p.

158.

though

Houfc-kceping,

Ambry

at Weftminfter is Co called, bccaufe formerthat Ufa: Or rather it fhould be ly fei apart for called the Aumonery (Lat. Eleemofynaria) a Houfe to an Abbey, in which the Charities adjoining were laid up, and from thence distributed to the

Ambry

our Com- &> Planeta. 4>mfe-e Irgrtn terrse, To lofe the Liberty of mon Law, a Corre&ion of an Error committed in a Procefs, and efpied before Judgment, and Swearing in any Court, or v as Sir Edw. Coke fays) fometimes after the Party's feeking Advantage to become infamous, is ufed by Glanvil, lib. 2. by the Error. Terms de la Ley. Bro. Tit. Amendment cap. 3. for the Punifhment of the Champion, in Battle, upon a Writ of if the Fault be found after Judg- over-come or per tot. But yielding ment given, the Party that will rcdrefs it, is Right, and of Jurors found guilty in a Writ of driven to his Writ of Error. Bro. Tit. Error and Attaint. Set en Titles of Honour. 31 nmi ia 1, to enamel. 'Tis often mentioned in Amendment. <BmErciainenf. Amerciamentum, ( From the Fr. the Monaflicon, 3 Tom. pag. 170, 332. ir> >,''!*. Ricbardus de Pynelefdan, 31 nttl Merri, i. e. Mifericordia) Signifies the pecuniary Punifhment of an Offender againft the King, or tenet terras in Wortbenbury in Partibus de Muiler, other Lord, in his Court, that is found to be in Com. Hint, qu tenentur de Domino Rege per certa Miferlcordia ; that is, to have offended, and to fervtia, 0 per Ammobragium quod ad quinque {land at the Mercy of the King or Lord. There folidos extenditur cum acciderit. Pat. 7 Ed. 2. feems to be a Difference between Amerciament m. 7. and Fines. Kitcbin, fol. 414. For Fines, as they 3mnttum 3flufl''* Ifles upon the Weft Coaft are taken for Punifhments, be certain, and grow of Britain. 3lunrn'frifl, Oblivio, as an Amneftia,or Aft of ObE* exprefly from fome Statute, but Amerciaments are fuch as be arbitrarily impos'd by Affeerors, which vion, fuch as was granted by King Charles 2d. at Kitcbin, fol. 78. in fome Manner confirms in thcie his Reftoration. Words L''amerciament ejl affire per pares. Manwood 3mo;ti5fnn, Amortizatio, French Amortizein his Foreft Laws, part 1. fol. 166. faith, An^i- ment, eft bradiorum travjlat-.o in Manum mortuam
'jBmeilGOKIlt, Emendatio, Signifiesin

the fame with Almutium ) a Gap Goat's or Lamb's Skins : That Part of it which covered the Head was fquare ; and one Part of it hung behind, and covered the Neck. 'Tis mentioned in the Monaflicon, 3 Tom. pag. 36. Pennulas autem hujus amkianim cariPoor. AmcnOable, From the French Word Amenir, nas ejfe volumus vel agninas* Adducere, to lead unto; or as fbme Amaynable, deAniiCtue, was the uppermoft of the fix Garit from (Main) a. Hand: It fignifies Trac- ments worn by Priefts ; it was tied round the ducing It is appli- Neck, ne inde ad linguam tranfeat mendaciUm ; and table, that may be led or governed. ed in our Law-Books to a Woman, that is go- it covered the Breaft and Heart, ne vanit.ites cogitet. vernable by her Husband. Amicus, Alba, Cingulum, Stola,
<BmiCifl,
(

made with

Manipuhs

merciament

is

more

eafy,

and a Fine more

fliarp

more merciful Penalty, ciuod tamen or grievous: His Words tizations,

fine venia Principis non fiat.

eft

Jus Amor-

are thefe, If the Pledges for fuch a Trefpafs do ap- Manum mortuam. pear by common Summons, but not the Defendant him- perquirendis 27 . 1. this
fclf,

privilegium

feu l.centia capiendi in In the Statute De libertatibus

Word Amortizement is

ufed.

JhaZ be imprifoned for that De- See Mortmain. But otherwife it is, if the at'rtozfifi, (from the French Word Amortir) Is fault of the Defendant. Defendant himfelf do appear and be ready in Court be- to aliene Lands or Tenements to any Corporatithe Lord jfufti e in Eyre, to receive his "fud"- on, Guild or fore Fraternity, and their Succeffors, ment, and pay bis Fine : But if fu.b Pledges do make which cannot be done without Licence of the Default, in that Cafe the Pledges fhall be amerced, King, and the Lord of the Manor. 15 JR. 2. c.j. hut net fined. So that an Amercement is for a fmall See Mortmain, and the Statute of Amortizing Fault, and a Fine for a great One. The Author Lands, made tempore Ed. I. of the New Terms of Law, faith, That Amercia% nouea0 IRjnum. See Oufler le main. ment is properly x Penalty afleffed by the Peers IHmp'taMon, Ampliatio, properly an Enlargeor Equals of the Party amerced, for an Offence ment but in Senfe of Law, denotes a Referring done ; for the which he putteth himfelf upon the of Judgment, till the Caufe be further examin'd. of the Lord: Who alfo makes Mention 2Jnn\ Amicus, As in Law Pro hein Amie, is the Mercy of an Amerciament Royal, and defines it to be a next to be trufted for an Orphan, or Infant. %mvttt The Garment with which the Prieft, pecuniary Punifhment laid upon a Sheriff, Coroner, or fuch like Omcer of the King, by Jufti- in Sacrificing, covered his Head and Shoulders. ces, for fome Offence Ratclijf Baron of the Ex- From the Lat. AmiBus. If the che Her. 2 H- 7- fol. 7. See Mifericordia. Snaliigium. Rex Johannes concedit Jardano de Amercement were too grievous, i.e. difproportion- (London Analagium dumifia, apud Bray in feudo. ed to the Nature of the Offence, or the Abilities Cart. 7. Job. m. 1. JRot. of the Offender, there was a Releafe to be fued 3N, "Jour 9 aHaffp. (Annus, Dies &> Valium,) by a Writ called Moderata Mferlordia. Amercia- Look Tear, Diy and Wafte. ment* iUevabilia were fuch Amercements as thro' Sflnalogium, a Pulpit. Poverty, or Efcape of the Amerced, became de31nablI0, i. e. Mendofus. %mx, i. e. a King. fperate Debts, and were deduftcd in the Accounts of the Bayliff, or Steward, or Colle&ors of Rents 3Jncallte0, the Hundred of Henley. and other Dues. So A. D. 1425. the Prior and Sec Crococalana. Sllicafler. Canons of Burcejler, allowed to the Receiver of Ufnceflo?, Anteceffor, The Signification is well their Rents at Kifthington In attocatis eidem known ; and the Law makes this Difference bepro Amerciaments illevabilibus hoc anno fex denarios. tween that and Prcdeccffor, that Anceftor is apSee Mr. Kennet's Paro.h. and Glcffary, plied to a natural Perfon, as Antiq. 57 3. J. S. and his Ancein voce Amerciamentum. the other to a Body Politick or Corporate, ftors; aimfDTf, a Prieftly Garment; from the Lat. as a Bifhop and his Predeceffors. Co. on Lit. lib. 2. Ami&us. The Word Anteceff.r in the Focap. 4. feci. 103.
then the Pledges
; j

rinfick

and Anconies a Bloom is a four-fquare Mafs two Foot long, which they afterwards by heating and of an Elhtte, or the Predeceflbr in an Office. working, bring to an Anceny, the Figure whereof that is, Ho- is in the Middle a Bar about three Foot Suffltrfl, as Homage Ancetlrel long, mage that hath been done or performed by one's of that Shape which they intend the whole Bar fhall be after made, See Homage. leaving at each End a fquare AnceJIors. JUm' :! i, (Aworagium) A Duty taken of rough Piece to be wrought at the Chafery. 3'lDflten fl.UCU, (Anderida). Mr. Camden Ships for the Pool of the Haven where they caft For no Man can Anchor, MS. Artb. Trevor At. -,of Opinion, that Newenden in Kent, Ctuated let any Anchor fall on the King's Ground in any wear the Wood called Ander, was the Place where Port, without paying for it to the King's Officer a famous Caftle was built by the Romans, to defend the Sca-Coalts fiom the Saxon Pirates" appoinfed by Patent. I'l Ifnf, At'Jbent, The Flag or Streamer in the which Town was called Britttndtn by the Saxons'. Stern of a SSip. The Seamen arc the greater! And being decayed, but rebuilt; foon after a Corrupters of VVo-ds \ Thus from the Portugal Monaftery was founded by the Carmelite friers Word AUaeerto a Crocodile, our Mariners call in the Reign of Ed. I, it was called Newtndtn. And from the But Mr. Somner was of another Opinion: He rathat Beaft or I-ifh an Alienator. Portugucz Liwjfr, they call the prickly Lobfter, ther thinks it was Peven/ey, becaule that is near that warns Legs common in the Southern Sea, a the Sea-Coaft ; but the other is more remote. See DoU. It 9(10(11*, A Swath in Mowing. HongOyfter. So probably from End Jheet (for Seacefior

rinfick Senfc was not properly applied to theyfof a Family but either to the PrepofTcfTior
;

men
the

call their Sails Sheets) a

in

proper

Name

for

the Stern, they corruptly fpeak Anjhent. 3|n-i. a , In the Middle-Temple, fuch as.are paft In their Reading, and never read, are Ani enti. the Society confifts of Benchers, AnciGray's Inn ents, Barrifters and Students under the Bar, and here the An ient s are of the more Ancient BarriThe Inns of Chancery confilt of An ients and flers. Students, or Clerks, and among the Ancients, one is Yearly the Principal or Treafurer. $!U!i t T'iritiin or 3?nntf'!f, (Vetus Patrimomum Domini) Is a certain Tenure, whereby all Manors belonging to the Crown in the Days of Saint Edward, or William the Conqueror, were held

Hag

likewife fignifies, as fhide over at once.

much Ground
17

as a

Man

can

%
|
1

ieail>ltf

Of

<i|lp,

Ed

4. rap. 4.

Signifies

[the Burning them, and

Ian, acctndere. 21 p'-cvr,

comes from the Sax. Onr

Knife or Dagger.
'Tis

fliort

Mat. Pari/, viz,. Ltri * erat indutus, Anelacium ad Lumbare, pag. 277. gejlans Et ft Anfeldtyhdc fit, .1 el WHOP. immtrgatur manm poft lapidem, vel examen ujque ad wri/lt. Leg. Adelftan. cap. 19. apud Brompton. Mr. Somner tells us it (hould be An/taltihle, i. t. a SimFor the Saxons had two Sorts, pic Acculation viz. Simplex & Triplex: That was called a fingle The Numbers and Names of which Manors, as Acculation when the Oath of the Criminal and of all others belonging to common Perfons, af- two more was fulficient to difcharge him; but ter a Survey made of them, he caufed to be his own Oath, and the Oaths of five more were written ina Book, now remaining in the Exche- required to free him d tri; lhiA.ru/atione. And thofe, which by Terram liberam ab omnibus Angariis iHnuari*, quer, and call'd Doom/day that Book appear to have at that Time belong- Ef ExaUionibui, Qfc. MS. penes Eliam AJhmole, ed to the Crown, and are contained under rhe Arm. From the Fr. Angarie, i. e. Perfonal Service; Title Terra Regis, are called Ancient Veme/ne. that which a Man is bound to perform in his own Perfon. Pruflationes Angariarum &> PerKitchin, fol 98. Of thefe Tenants were two Sorts one that held their Lands frankly by Charter, angariarum, plaujhorum navium, Imprefling of the other by Copy of Court-Roll, or by the Ships. Verge at the Will of the Lord, according to the Angelica mfCtie was a Monkifh Garment, Cuftom of the Manor. Britton, cap- 66- num. 8. which Laymen put on a little before their Death, The Benefit of this Tenure confiftsin thefe Points: 1. that they might have the Benefit of the Prayers The Tenants holding by Charter cannot be of the Monks. It was from them called Angtliimpleaded out of their Manor; or if they be, cus, becaufe they were called Angeli, who by thefe And therethey may abate the Writ by Pleading their Te- Prayers Aniw* Saluti /< crrebant nure, before or after Anfwcr made. ;. They fore where we read the Word* ar> /* rurrendum in are free fiom Toll for all Things concerning their our old Books, it muft be underftooO of one who Livelihood and Husbandry. They may not be had put on the Habit, and was near Death. Si empanelled upon any Enqueft. F. AT. B. ftl. 14. d. quit ad /uccurrer.du-n metu morti< /el co pranominat fol. u8. &c By whom it appears, thefe Te- dederit, iUic re itetur. Monafticon, I Tm. pag. 63*. nants held originally by Ploughing the King's So likewife, Be fn/ceptis in morte, is meant of Lands, plafhing his Hedges, or fuch like, to- thofe dying Pcrfons who had put on the Habits. wards the Maintenance of his Houfhold for 3H r, Angildum, The bare fingle Valuation which Caufe they had fuch Liberties granted to or Compenfation of a Man or Thing, according them And to avoid Disturbances, they may to the legal Eftimate From the Sax. An, One, have Writs to fnch as taJce Duties of Toll, as al- and Gild, Payment, MulS or Fine. So Tvjigild fo Immunity of Portage, Paflagc and fuch like. was the double Fine Trigild the Treble Fine acNo Lands ought to be efteemed Antient Demefn, cording to the rated Ability of the Perfon. See but inch as are held in So.cage. See Monftraverunt the Laws of Ina, tap. to. and the League between and Demayn. King Alured and Guthurn, cap. 6. Sivillanus furatus 9rtnrnr>'', (French Anciennete, that is, Antiqui- fuerit, &V. 8f habeas plegium, admonea, turn dt Antas) It is ufed in Statvto Hibern'u, 14 H. 3. for Se- gildo. Spclman. Dereta Will. Conq. 3nh;orr, Anlote, Anlot. niority. As, The eldefi Siller can demand no more than her other S Jlers, by Rea/on of her Ancienty. apud Hoveden, in Hen. 4. Francigena qui SUfltonif! of Iron: At the Iron Works, in the tempore Edwardi mei fuerit in Anglia farprepinqui Forge, called the Finery they work the Metal ticeps con/uelu'inum nglorum, quod ipfi dicunt Anloby the Hammer, till tney bring it into Blooms ti & Anfcoti, per/olvunl /ecundum con/uetudinent Anglorum
[mentioned
in
1
\
'

&

&

e\

A N
in Lambard reads it Anehht Anglorum. The Sax. 1 Lot. in margine vulgo Scot & and An S.ote no more, than "that every one The Senfc is fliould pay according to the Cuftom of the CounPart and Share. Spelman. try, his rcfpeftive 3menfet>, (Anentized in Stat, i R. 3. r. 2. from
;

A N
ainnopanrr.Snnoifatiif, oj iRtifanre. (Fr. NuiHurt or Offence) hath a double Signification, being ufed as well for any Hurt done to a publick Place, as a Highway, Bridge, or Common River, as to a private, by laying any Thing that may breed Infection, by incroaching, or fuch
j

&

fance,

the Fr. Anear.tir, i.e. To make void,) fignifies like Means ; as alfo for the Writ that is brought this Tranfgrcffion, of which fee more in abrogated, annihilated, or brought to nothing. upon The Word Annoifanct is ufed in the Littleton, lib. J. cap, Warranty, and 3 Injl. fol. 40. Nufance. *Hnimalta OllOfa arc fuch which are not ufed 'Stat. 22 Hen. 8. c. 5.
, '

4lnmia[c, The yearly Rent or Income of a Sheep, Hogs, &>c. Fleta, lib. 4. Si fiat per oves & beflias Prebendary. dijlriftio '#nn*l*lia, Annats, or a yearly Stipend aligncarucarum, cum Jtnt alia animalia otiofa, 8>V. to Pricft, for keeping the Anniverfary, or oailinale^, Yearlings, or young Cattle of the ed nati funt, thervvife for faying continued Maffes one Year, Vituli prima anno firft Year. pojlquam Inhibemus Vituli vocantur; fecundo compoto Annates vocantur; for the Soul of a deceafed Perfon ne aliquis ReBor Ecclefia faciat hutertio Boviculi; quarto Bovetti vocantur. ReguU quoque difirittius
for to
1

plow

as
5.

cap.

6.

Par.

MS. jufmodi paBum cum fuo Sacerdote, videlicet quod ipfe "Snnate. Annates, Are all one with Firft-Fruits, Sacerdos prater catera Jlipendia poterit reipere AnnuaThe Rea- lia C> Triennalia. Conft. Rob. Grojleft Epifcopi 8. cap. 20. Sec an. 25 Firjl-Fruits. fon of the Name is, bccaufe the Rate of Firjl- LinCol. in Append, ad Fafcic.pag. 411. ainnua ^r'nftOUC, Is a Writ (now difufed) Fruits paid to Spiritual Livings, is after the Value of one Year's Profit. Annates more fuo appellant whereby the King having due unto him an AnnuPcnfion from an Abbot or Prior, for any of primes fru'eius unius anni Sacerdotii vacantis aut di- al midiam eorum partem. Pol. Virgil, de Invent, rer. Chaplains (whom he mould think fit to nominate, lib. 8. cap. 2. Here obferve, That Firft-Fruits, being as yet unprovided of fuflicicnt Living) doth PrhnitU & Annates, are all one. Co.'i 2. Rep. fol 45. demand the fame of the fame Abbot or Prior ; 3lllH! liuuili?^, (Lat.) when a .Woman is faid and alfo willeth him for his Chaplains better Afto be infra annos nubiles, that is, under the Age of furance, to give him his Letters Patent for the twelve Years ; unmanageable. Coke's a Injl. fame. Reg. Orig. fol. 165, Qp 307. & F. N. B. 131. Where you may fee the Names of all the fol. 434. 3inm0*freti, Semen Amp, a Medicinal Seed, Abbies and Priories bound to this, in refpect of not unknown. Gerard's Herbal, lib. 2. cap. 327. It is their Foundation or Creation ; as alfo the Form noted among the garblcable Drugs, and Spices. of the Letters Patent, ufually granted upon this 1 Writ. Jac. c. 10. Signifies a yearly 3tnilUirj, Annum redditus, Ulnniimfarj* app, {Dies Anther/aril) Were in former Times folemn Days appointed in Com- Rent to be paid for the Term of Life, or Years, memoration of the Deaths or Martyrdoms of or in Fee ; and is alfo ufed for the Writ that Alfo lies againlt a Man for the Recovery of fuch a Saints, .and once every Year celebrated Days whereon, at the Return of every Year, Rent, if it be not fatisfied every Year according Men were wont to pray for the Souls of their to the Grant. Reg. Orh.fol. 1 58. F. N. B. fol. 1 52. deceafed Friends, mentioned in the Statute The Author of the New Terms of Law, defineth be a certain Sum of Money granted 1 Ed. 6. cap. 14. and 12 Car. 2. cap. 13. This was Annuity, to in Ufe among our Anceftors the Saxons, as may to another in Fee-fimple, Fee-tail, for Term of be feen, Lib. Rames, Sett. 134. Atmiverfaria dies Life or Years, to receive of the Grantor or his fo that no Freehold be charged therewith, idea repetitur defiwtTis, quia nefcimus qualiter eorum Heirs, Caufa habeatur in alia vita. This was the Reafon whereof a Man fliall never have Affize, or other given by Alcuinus in his Divine Offices- The Anni- Action, but a Writ of Annuity. Saint Germain, in his Book (tiled DoBorand Student, Dial. 1. cap. 3. verfary or yearly Return of the Day of Death of any Perfon, which the Religious regiftred in lheweth divers Differences between a Rent and an their Obitual or Martyrology, and annually ob- Annuity ; whereof the firft is, That every Rent, be ierved in Gratitude to their Founders and Bene- it Rent-Charge, Rent-Service, or Rent-Seek, is factors, was by our Fore-fathers called a Tear- going out of Land, but an Annuity goeth not Bay, and a Mind-Day, i. e. a Memorial Day. out of any Land, but chargcth only the Perfon; This was one of the trading Arts of the Reli- that is to fay, the Grantor, or his Heirs, that have gious, who got many a Pitance and Legacy for AJfets by defcent : Or the Houfe, if it be granted thus recording and continuing the Memorials of by a Houfe of Religion. Lit. Sect. 220- 2. A (econd their Friends. Yet abating the Supcrftition, we Difference is, That for the Recovery of an Anmuft needs confefs this Practice of theirs has nuity, no Action licth, but only a Writ of Annuibeen a great Advantage to the Hiftory of Men ty againft the Grantor, his Heirs or Succeflbrs. and Times, by fixing the Obits of Great and Fitz- Nat. Brev. 152. But of a Rent, the fame Actions lie as do of Land, as the Cafe requireth. Good Men. 'Jttino DOtnint, Is the Computation of Time 3. The third Difference is, That an Annuity is from the Incarnation of our Lord and never taken for AJfets, becaufc it is no Freehold in publick Writings ; fometirr.es with, in Law, neither fliall it be put in Execution is ufed upand fbmctimes -without the Year of the King's on a Statute-Merchant, Statute-Staple, or Elegit, Reign. As the Romans made their Computation as a Rent may. DoB. and Stud. cap. 30. So alfo from the Building of the City of Rome, and the Dyer fol. 345. PI. 2. Alfo an Annuity cannot be feGrecians by Olympiads: So Chriftians in Remem- vered. Co. lib. 8. 52. b. See more Leigh's fol. brance of the happy Incarnation of our Saviour, Comment, verlo Annuity. reckon their Time from thence. The Day of the infa aO Uklftin, near LoggleShali in EJfex. Month, the Tear of our Lord and Saviour Chriji, and
compoti dornui de Farendon

JESUS,

he Tear
Deeds.

of the

Coke's 2

King's Reign, are the ufual Dates of Inft. fol. 675.

3tnfrctf,

A
cap. 64.) Sec Scot aiifi't JElfUJIjf.
llto,

P
Angild.

AP
{LL. W.
1.

UnUott, the fame with

Itia Cant. Archiepifc.totius AntrH* Primal, dlle&o Filio Willielmode Graftonc in Apparitori* Officio, in Curia noflra Cantuar. videl't in Confifiorie ac Decanatu nofiro 3ntfniramenfumQii^^firflmcnfum,whichby Ecclrfia Beat a Maria de Arcubus London, viinifiranti our Anceftors was culled Juramentum Calumnu. Salutem.Gratiam fif Benedict ionem. Perfonam tuam In which they were fo ftritt, that both the Accu- eo ijuod de fidelitate in diclo Officio per laudabile tefiifer and Accufed were obliged to make this Oath monium apud Not multipliciter commendar'u volentes before any Trial or Purgation, viz. The Acculer profequi cum favore, diilum Apparatorii Officium in was to fwcar that he would profecute the Crimi- Curia Confiflorio Decanatu pradilfis perpetuo pofftnal ; and the Accufed was to make Oath, on the dendum tibi conferimus per prefentei. It* tamen quod very Day that he was to undergo the Ordeal, te fideliter gerds in Officio prtdiBo memorato. Volentes that he was Innocent of the Fact of which he was Of tibi fpecialiter comedentes, ut cum in min.Jlerio d'tS'
3tnfU(. Sec Aunfel Weight.
de

and Lot. Sec Aunfel.

Court, and ferves the Procefs thereof. The Office of an Apparitor will bell appear from rbiiCbmmiffi* on of Walt. Archbifhop of Can. Walttru: Dei gra-

De

pedr, poUice, cm.

&* palma, Thorn. Chron.

Anfcl halancibns Sf menfuris.

&

charged.

Leg. Mtbelfian. apud Lambard 23.

failed,

If the

the Criminal was difcharged ; if the Accufed, he was intended to be guilty, and was not to be admitted to purge himfelf by the Ordeal. Leg. H. 1. cap. 66. ^ntittifllim is a Word ufed in the old Hiftorics, and fignifies a Monaftcry. 3JtUltll?taritl!$. 'Tis mentioned in the Title of a Chapter in the Laws of C.mutus, {viz. Cafite 47.) but not in the Chapter it ft If. The Meaning of the Word is. Where a Man endeavours to discharge himfelf of the Fact of which he is accufed, by recriminating, i. e. by charging the Accufer with the fame Fact. 3lntilnftaim, the Cape of Cornwall. 2RpatiIndO is an Agreement or Compact made with another. "Tis mentioned in Upton, lib. 2.
cap. II.

Accufcr

vacate von poteris, vel Officii per teipfum ptrfonaliter abfens fueris a Curia, Confiflorio '<P Decanatu prtdiBis, n'ibilominui per aliam idoneam perfonam, quern ad hoc

affignandum omnia Qffingula qua

ficio

HBo

incumbent Of-

8f fttgitef exer.efe Dat. apud Lambitb. 8. Id. Mart. 1316. 3pparleincnt, Cometh from the French Pareilfacere valeas,

ment, that is, Similiter, Terinde, Ibidem, Enga Rcfcmblancc or Likelilish likewift it fignifies hood, as Apparlemetit of War. 2 R. 2. Stat. 1.
cap.

6.

Apparel, Dominus clamat habere omnel carreBas non ligatas, &> omnes carferro meat cum tota Apparura. Placit. in Itin. apud Ce-

#pparura, Furniture,

De

fentes

bonum

& fahum conduBum, ac falvam gardi-

officio

militari,

viz. Concedimus per pre-

ftriam. 14 H. 7. CarrUcarum Apparura is Ploughtackle, or all the Implements belonging to a Plough. Thus in our Statutes we frequently find the Tackle, Apparel, and Furniture or a Ship.

Appeal, AppeUum, Cometh from

the French
in

am five fecuritatem
cap. 6. *po;!(irp,

Apatifationis. Si verbum nou dire 3tplati), i. e. For certain : xerit ut ailata fit, for Leg. Adelftan. aplata.
i.

word

Common Law

Appelier, that is,

A cire

It

fignifies

our

as

much

as Arufatio, with the Ci-

e.

To

be reduced to Poverty,

viz.

VValPcrrnifit fuos fpoliare patriam, Aporiare vulgus. (hun, fingham in R. 2. Sometimes it fignifies

To

or Avoid,

viz. In civitare degentes, in refeBorio

pom-

pacitai lafcivafque facularium delicias ut melancboliam

Aporiantes. Sfpoffsre Urges, g njpollatare ftegptf, Wil- that fctteth his Name to the Declaration, and fully to break or tranfgrefs the Laws, Leg. Ediu. undertakes to prove it upon the Penalty that Conf. cap. 3 5. Tit. de Heterocbis. Qui leges Apoftabit, may enfueof the contrary. To declare the whole inert, fit reus ac idem in R. Hen. I. Courfe of an Appeal, is not proper for this Place; fit apud Regent, 13. where Apofiabit is read Apofiatabit. Spel- I refer you to BraBon, lib. 3. Trail. 2. cap. 18. cum cap.

vilians j for as in the Civil Law, Cognifance of Criminal Caufes is taken cither upon Inquifition and Denunciation or Accufation ; fo in Ours, upon IndiBment or Appeal; Indillment comprehending both Inquifition and Denunciation : And Accufation or Appeal, is a lawful Declaration of another Man's Crime (which by BraBon muft be Felony at the leaft) before a competent Judge, by one

fequent. Britron, cap. 22, 23, 24, 25. Smith, fib. 3. out of Ufc, de Repub. Angl. cap. 3. And Staundf. Fl. Cor. lib. 2. An appeal is commenced that lay againft one, that having entred and pro- cap. 6, 7, &c. uft/ue 17. feffed fome Order of Religion, broke out again, two Ways; cither by Writ, or by Bill, Staundf. and wandcr'd up and down the Country, contrary ubifupra ; and it may be gathered by him, fol. to the Rules of his Order ; for the Abbot or Pri- 148. that an Appeal by Writ is, when a Writ is or of the Houfc, certifying this into the Chancery, purchafed out of Chancery by one to another, to under their Common Seal, and praying this Writ this End, that he appeal a Third of fomc Felony directed to the Sheriff, for the Apprehenfion of committed by him, finding Pledges that he fhall fuch Offender, and Delivery of him again to his do it, and deliver the Writ to the Sheriff or CoAbbot or Prior, or their lawful Attorney, were roner, offering to undergo the Burden of the wont to obtain the fame ; The Form whereof, appealing another therein named. Appeal by Bill with other Circumftances, you may find Reg. is when a Man of himfelf gives his Accufation in Orig. fol. 71. 267. and Fitz. Nat. Brev. fol. Writing to the Sheriff or Coroner, offering to un233. a dergo the Burden of appealing the Pcrfon therein Apparatus CEoinitatUj?. There was an Allow- named. This Point of our Law, among others, ance to the Sheriff of Bucks, of a confideruble is taken from the Normans, as appears plainly yearly Sum, ut apparatori Comitatus. There was by the Grand Cufiomary, cap. 6S. where there is a an Order of Court in Q. El. Time, for making folcmn Difcourfe both of the Effects of this Apthat Allowance ; but the Cuftom and the Reafon peal, viz. The Order of Combat, and of the Trial of it are now altered. Vide Hales of Sheriffs Ac- by Inquejl ; of either of which it is in rhe DefenSee New Book of dant's Power to make Choice. count, p. 104. Sfpparitu*, at H. 8. c. 5. Signifies a Meffenger Entries, verbo Appell, Lib. AJf. fol- 78- Of 5. part. fo great an that cites Offenders to appear in the Spiritual Infi. fol 131. Appeals to Rome were

man.

afpo&ata CapiftlDO,

Is

a Writ

now

&

Inter.

Interruption
thofe
al

to all Englijb Juftice, that

this

Times of Slavery,

even in penfuram novem librarum puri/Jimi auri juxtx magnum Evafion of Nation- pondus Normannorum. Hiftor. Elicn. Edit. Gale,

to the Pope, was forbid I. 2. c. 19. Juftice, by appealing atppercinancetf, {Pertinent!*) Is derived of the and fevcrcly punifhed. So when Gilbert de Seof Oxford, in 33 Ed. 1. ap- French word Appertenir, Pertinere, to belong to. It grave. Archdeacon to the Pope of Rome, fignifics in the Common Law Things both Corpopealed from the King's Court he was fummoncd to Weflminfter, and obliged to real, belonging to another Thing, as the mor renounce his Appeal by Oath, and to find Pledges Principal ; as Hamlets to a chief Manor, Common of Pafture, Turbary, Pilcary, and fuch like; for appearing at the next Parliament. Of ^apllCITI, Appellum Mabemii, Is an and Incorporeal, as Liberties, and Services of Ulppeat Where we may obferre, Accufing one that hath maimed another. But that Tenants. Brit. cap. 39. no Felony, the Appeal is but 4 kind of Acti- That he accounts Common of Pafture, Turbary being on of Trefpafs, becaufc there is nothing recover'd and Pifcary, to be Things Corporeal. Vide but Damages. BraBon Calls this Appellum de pla- Corporeal. a whole Chapter about 2HpplumbatiO is the Incorporating fevcral Megis S" Mahemio, and writes
it.

Lib. i.traB. a. cap. 24. See Coke, vol. 4.

fol.

49.

a.

In

King

John's

corded again ft datn nepatem fuum. appeal of tojong ^mp^ronmenf, (.Appellum de prop up a Thing, &c. Walfb'mgham, an. 1 27 1. an. 1321. pace & imprifonamento) Is ufed by BraBon for an Mat. Parif. Chronicon AuU Regit Action of Wrong Imprisonment, whereof he writes Sftpponere fignifies To pledge or pawn Accepta
:

Time, there is an Appeal rea Jew. Qui fecit ementulari quen-

Fleta, 3. together. See BraB. lib. 2. paragraph 12. Ulppotuarr is a Word ufed in our old Hiftorians, and it fignifies, To lean on any Thing, To
tals
c.

2.

Lib.

cap. 2.

lib.

5.

traB. 2. cap. 25.

a fratre Gulielmo fumma non modica Normanniam

illi

3ppeal,

Conjmon,
;

Times ufed in the {Appellatio) as it is in the Civil Law, which is the

Many

appofuit.

Neubrigtnjis,

lib.

1. cap. 2.

Caufe from an inferior Judge to a as Appeal to Rome. 24 H. 8. cap. 12. & fuperior So St. Paul appealed from Fefius to Eliz- cap. 1. But more commonly for a privato AccuC*far. fation of a Murderer, by a Perfon who had Intereft in the Party murdered, or of any Felon, by one of his Complices with him. And thofe that arc fo appealed, are called Appellees. 28 . I.

Removing

3pprDo;, or Appellant, He who has committed fome Felony or other Crime, which he confefles, and now appeals, i. e. accufes others who were Complices with him, and thofe who are fo apoblati.

See Approver.

Apportionment, Apportionamentum, Is a Dividing of a Rent into Parts, according as the Land, whence the whole Rent ilTueth, is divided among two, or more. As if a Man hath a RentService ifluing out of Land, and he purchafes Parcel of the Land, the Rent fhall be apportioned, according to the Value of the Land. So if a Man hold his Land of another by Homage, Fealty, Efcuage and Rent, if the Lord, of whom the Land is holden, purchafc Parcel of the Land, the Rent (hall be apportioned. And if a Man let Lands for Years, referring Rent, and after a Stranger recovers Part of the Land, then the Rent fhall be apportioned, and the LclTee fhall

pealed, are called Appellees. Artie. Cleri Anglicani pay, having refpcS to that which is recovered, .Ed. 2. Regi, an. 1316. cap. 10. Placet eti- and to that which remains in his Hands, accordam Domino Regi, ut Latrones GP Appellatores, quan- ing to the Value. But a Rent-charge cannot be docunque voluerint pojpnt Sacerdotibus fua facinera con- apportioned, nor Things that are entire : As if one hold Land by Service, to pay his Lord yearperi. SlppPnPant, Appendens, Is an Inheritance be- ly at fuch a Feaft, a Horfe, a Hawk, a Role, or longing to another that is more worthy ; as Ac- a Cherry, QPc. There if the Lord purchafe Part cefforium Principal'!, with the Civilians, or Adjuntlum of the Land, the Service is totally cxtinft ; beSubjeBo, with the Logicians. An Hofpital may be caufe fuch Things cannot be divided or apportiAppendant to a Manor. Fitzh.Nat. Brev. fol. 142. oned, without Damage to the Entirety : In fome Common of Fifhing Appendant to a Freehold. Cafes, a Rent-charge fhall be apportioned ; as if Wefi. 2. cap. 25. 13 Ed. 1. Appendants are ever by a Man has a Rent-charge ifluing out of Land, and his Father purchafes Parcel of the Lands Prefcription. See Co. on Lit. fol. 121. b. 3lnpni0itia, The Appendages or Pertinences charged in Fee, and dies, and this Parcel deto an Eftate, &V. So Simon Earl of Northampton fcends to his Son, who hath the Rent-charge ; gave to the Knights Templars, his Manor of Mer- there this Charge fhall be apportioned, accordton, Com. Oxon. cum omnibus Appenditiis fuis. Mr. ing to the Value of the Land : Bccaufe fuch PorRennets Paroch. Antiq. p. no. Hence our P entices, tion of Land purchafed by the Father, comes not or Pent-Houfes, a Pent-Stock, Appenditia domus, to the Son by his own Ad, but by Defcent, and

&c.

Courfe of Law.

Child's mon Right, and feverable ; and though the ComSJypennage, or 2Mnnage, French, Part, properly the Portion of the King's younger moner purchafe Parcel of the Land, whereto the Children in France, where they have a Law Common is appendant, yet the Common fhall be which they call, The Law of Apenages, whereby apportioned. But in this Cafe, Common Appurtethe King's younger Sons have Dutchies, Coun- nant, and not Appendant, by fuch Purchafe is exties, or Baronies granted to them, and their tinct. Co. lib. 8. fol. 79. Termes de Ley 48, 59. Heirs, or Heirs Males of their Bodies, the ReverICppO^tum. Ita quod profcua manerii pntfion referved to the Crown, and all Matters of dicli nomine Apporti quolibet anno prafato A. infubRegality; as Coinage, levying Taxes, and the vr.itionem fufientationis fuJt folverentur, an. ziEd. I, It is derived ab like or from the Ger- It feems to be deduced from the French Apport, appendendo, man word Apanage, which fignifics a Portion. See which befide the Common, fignifies the Revenue, Gerard de Hey Ian, Spelman's Glcff. in verbo Ap- Gain or Profit, which a Thing brings in to its Owner. And in the Place cited, it is ufed for an pennagium. aippenfura, The Payment of Money at the Augmentation given to any Abbot, for his better Dedit Regi prtfato ap. Support out of the Profits of a Manor. The Scale, or by Weight.

Common Appendant

is

of Com-

&

Word

il

was commonly ufedfor a Corrody or Pen- Cure. But that King redrcflcd that Evil by a good Nitolaus Gwyn Prior de Andover, debet Law, whereby he ordained, That in every Lixx Marcas de quodam Apporto, ad capitalem Domi- cence of Appropriation made in Chancery, it r.um ejufdem Prioris, in partibus tranfmarinis, in tem- fliould be expreflv contained, That the Dioccfan Ex Regijlro evidentiarum Cclleg. of the Place mould provide a convenient Sum of pore pacts debito. Rex Edwardus Money, yearly ro be paid out of the Fruits.toWickham juxta Winton. MS. wards the Suftcnancc of the Poor of that Parifh, III. reflituit terras Prioratuum Alienigenarum falvo nobis Apporto, quod prtfatus Procurator alicui domui and that the Vicar fliould be well and fufneicnttenetur. Clauf. 14 E. 3. The Word ly endowed. 1 5 R. 2. cap. 6. Touching the firft fuperiori folvere might at firft fignify any Profit or Emolument Inftitution, and other Things worth the Learning to another. And therefore about Appropriations, read Plowd. in Grendon s Cafe, apported or brought As alio Termes da Ley verbo ApDr. Frefrte oblcrves in the Cuftomary of Rhemes, fol. 496. b. Sfifeq. was the Portion which the YVife brought propriation. To an Appcrt Appropriation, after the Licence to the Husband. obtained of the King in Chancery, theConfent of 3HU'0&U of Sheriffs, I< the charging them the Diocefan, and the Patron and Incumbent are with Money received upon their Account in the ncccflary, if the Church be full ; but if it bo Exchequer, 22, 23 Car. 2. AH for better Recovery void, the Diocefan and Patron may conclude it due to bis Majefly. Plowd. ubifupra. Todiflblve an Appropriation, it is of Fines Htppufer. Sec Foreign Appofer. enough to prefent a Clerk to the Bifliop, and he aipiVUlDjf, (French) As a Fee or Profit Ap- to inftitutc and indudt him For that once done, endre, 2 ftp 3 Ed. 6. tap. 8. A Fee or Profit to be the Benefice returns to the former Nature. Fttt. Nat. Brev. fol. 35. ft" Co. I. T.fol. 13. See the Metaken, or received. Sppirtltice, Apprentitius, (French Apprentfi, and thods of Appropriation, and the fatal Abufe of thus whence the Fr. Ap- robbing Church and that from apprendre, to learn Clergy, and the laudable and our Apprenticefiip) fignifics with us Ways and Means of prentijfage, rcftoring Impropriations to the one that is bound in Word or Writing, to fervc better Maintenance of Parifh Pricfts, ftPr. difanother Man of Trade for certain Years, upon courfed at large, in Mr. Kennet's Parocb. Antiq. Condition, That the Artificer, or Matter mail in ? 433Time endeavour to inftruft him in his that mean SUppjopjiare ao ljonojetn, To bring a Manor Art or Myftery. Smith de Rep. Ang. lib. 3. cap. 8. within the Extent or Liberty of fuch an HoPetrus de faith, They are a kind of Bondmen, differing nour. Afherugge tunc Senefcballus honoris be Servants by Covenant, and SanBi Walerici appropriavit dictum mantrium ad only, that they for a Time. Barillcrs at Law were heretofore honorem Saudi Walerici Paroch. Antiq. p. called Apprentices of the Law, in Latin ; Apprentitii So faith Mr. Selden in his Notes upfptvopjtare <ommumam, To difcommon, juris nobiliores on Fortefue, p. 3. And lb the learned Mr. Plow- ;. e. to feparate and enclofe any Parcel of Land, den ftilcd himfclf. Sir Henry Finch, in his Nomo- that was before open Common. So A. D. 1 299. And Sir the Prior and Convent of Burcejler granted to the tcchnia, gives himfclf the fame Title. Edw. Coke, l Part, Intl. fol. 564. holds, That Ap- Refior of AJberugge and the Bon hommes of that are called Homines Conjiliarii, & in Place, quod fibipojfint appropriare, ftp includere pro prentitii Legis And in another Place Ap- voluntate fua tres Acras de Communi paflura in BlakeLege periti. Of the Word thorn, &c. Paroch. Antiq p. 336. prentices and other Counjellors of Law. as it fignifies a young Perfon, bound Ulpo^Obf, (Approbare,) To Augment, or, (as it Apprentitius, by Indentures to a Maftcr, who upon fuch Cove- were,) To examine to the utmoft. For ExamTo approve Land is to make the beft Benefit nants, is to teach him his Myftery or Trade ; I ple think the oldcrt Authority is from a Charter, of it by encrcafing the Rent, Qpc. an. 9 Hen. 6. dated 12 Ed. 3. recited in Mr. Rennet's Parochial cap. 10. Bailiffs of Lords in their Franchifes are At leaft I have met with no called their Approvers : And by what follows, you Antiquities, p. 449. Mention 01 them, till the Beginning of the next may fee what Kind of Approvers or Improvers were Reign, when Henry de Knighton, fttb an. 1381. Ap- formerly in the Marches of Wales, authorized relitTts Richard de Lyngein ImproMagijtris fuis illuc accurrebant. by the Prince thereof. prentitii quoque And Tho. Walfingham in Ric. 2. p 103. De Londonio ver defuth CommiJJion noflre tre-dout Seigneur le Prince multi Apprentitii, plures fervi, fumptis alhis Caputiis, deins le Counte de Hereford, & le Marches adjoygnant, & Dominis funt profeBi. Vid. Sel- a toutz yceux qui cefts Letters verront ou orront, fainvitis Magifiris Sachez moy aver grant a une J-anin de Brompton den s Notes on Fcrtefcue, p. 2. Orig. Jurid. fol. 143. lutz. SP liege home no/he Seigneur le Roy, ftp a fes fera. and the Statute of Champerty. 35 Ed. 1. loyal
fion
:

Word

2Jpp?op^iarir>Vi,

Appropriate,

proccedeth from vants,

the French Arpwprier, i. e. Aptare, accomodare ; and properlv Ggninetn in the Law of England, a Severing of a Benefice Eccleliaftical, which originalin patrimonio ly, and in Nature is, furis divini ftp nvUius, to the proper and perpetual Ufe of fome religious Houlcs, or Dean and Chapter, Bifhop or College : And the Rcalbn of the Name may be this ; becaufe, that whereas Parfons ordinarily be not accounted Domini, but UfufruBuarii, having no Right of Fee-fimple. Lit. Tit. Difconiimtance. Thcic, by rcalbn of their Perpetuity, arc accounted Owners of the Fee-fimple, and therefore are called Proprietarii. And before the Time of Richard II. it was lawful (as it feems) to the whole Fruits of a Benefice to an appropriate Abbey or Priory, they finding one to ferve the

de vendre ftp aclieter bejls ftp berbez deins le Counte de Hereford, ftp le Marche adjoygnant fans emde nulluy, come CT leige hompechement ou arrell loyal mes, a fon propre ufe ftp emrefe, fans refnfnmente des Rebeli de Gales. Et cejl ma Lettre ferra fon Garrant. En tefmoignage de quel chofe a jcefie mife men

jay

Seal.

Don a Lemejlre le xi. jour de fulet le ann de Regno le Roy Hcnrie le quart apres le Conqutfl, quartt.

See 2 Part.

Inftit. fol.

472.

Quod

nvl-

lus liber teneni infra

pejfet

Baroniam iUam fe appruirare

vafiofuo, Approyare alfo occurs in old Records, as, approy-

de

&e.

are vajla,

and

vafiis approyatis.

Cum omnibus Approve2Hppi0beammtU.nl, amentis, ftp aliis pertinentiis fuis. Mon. Angl. apart.
I

fol.

607. b. Improvement.

3pi

P P
Eliz.
it is

A R
II.)
is

3pp?0foement (Anno 43 fame with Improvement; but

cap.

the

bitratorem,

lib.

76.

pro focio

for

though they
:

more particularly both ground

their

of the Parties, yet their Liberty is divers For Arbiter is tied to proceed and judge according to Law, with Equity mingled. Arbitrator is permitThe Word Approvement properly fignifies the ted wholly to his own Difcretion, without SoProfits of a Farm of Procefs, or Courfe of Judgment, to Pofueruntque cu (lodes qui medio lemnity tempore exitus appro viamcnta terra ad opus iUorum hear and determine the Controvcrfy committed unto him ; fo it be juxta arbitrium boni viri. See cuftodient. Walfingham, pag. 57. 3fpp^0t)er, Approbator, Cometh of the French Alto 6 Bajfo. 'ftrbitremenf, Is an Award, or Determination, Approver, Approbare ; It fignifies one that confefling Felony of himfelf, appcalcth or accufeth an- made by one, or two at the Rcqueft of two Parother, one or more to be guilty of the fame ; ties atleaft. To every Arbitrement five Things are and he is called fo, becaufc he muft prove that incident, /7. 1. Matter of Controverfy. 2. Subwhich he hath alledged in his Appeals. Staundf. miflion. 3. Parties to the Submiflion. 4. ArbitraPI. Cor.fol. 142. And that Proof is by Battle, or tors, and 5. Giving upof the Arbitrement. Dyer, 217. by the Country, at his Election that is appeal- PI. 60 How an Arbitrement may be avoided, fee ed. The Form of this Accufation you may in 7 H. 6. c. 40. And Termes de la Ley, f. J4. Alfo Part gather by Grom. Juft. of Peace, fol. 2 50, &= no Party fhall be bound by an Arbitrement, unlefs That it is done before the Coroner, either the Award be delivered unto him. As it is, Co. j 5 1, affigned unto the Felon by the Court, to take and lib. 5./. IS3. And lib. 8./ 98. record what he faith, or elfe called Sirca Crwgrapbicfl, or C^ograpfjojum 3fu by the Felon himfelf, and required for the good of the Prince Decuum, was a common Cheft with three Locks and Common-wealth, to record that which he and Keys, kept by certain Chriftians and Jews, faith, &c. The Oath of the Approver, when he fpecially defigned for that Purpofe, wherein all the Combat, lee alfo in Cromp. pag. ult. the Contracts, Mortgages, and Obligations, bebeginneth As alfo the Proclamation by the Herald. Of the longing to the Jews were kept, to prevent Fraud ; Antiquity of this Law, you may feefomething in and this by Order of King Richard I. Bovedeu's
:

ufcd for the Enclosing Part of a Common by the Lord of the Manor, leaving fufficicnt nevcrthelefs for the Commoners.

Power upon the Compromife

&

Horn's Mirror of jfuft. lib. 1. in fine cap. del Office de Annals, Parte pofier. pag. 745. Coroner : and more at large, Braffon. lib. 3. tratt. 2. Arcus Ephippiarius. French, airceotlijj, ca. 21, S 34. Staundf. PI. Or. I. 2. c. 52. cum feq. de Sellc de Cheval ; Englifh, Saddle-bow. See Prover. Cum probator Bertramus le Wyle tenet terras in Braham Com. 3. Part. Infi. fol. 129.
perfecerit

Anon
Bedf.

Domino Rege per Serjantiam reddendi per annum vitam habeat Qp membra, fed in regno remanere non unum par Arcconum ad Stllam ; & Prior de Neundebet, etiamfivelit plegios invenire, faith Braiion. See ham tenet terrani in Surrey de Domino Rege, in capite ord's Pleas per Serjantiam, reddendi per annum unum par ArceoFleta, lib. 1. cap. 52. par. 42. and Staundf num dealbatum ad Sellam. Tenur. p. 3 7. of the Crown, cap. 52. In the 3trcfj < 0f3C0n, Archilevita, Archidiaconus. %PVl0foer8 of tin &t'nfl (Approbatores Regis,) are thofe that have the Letting of the King's De- Primitive Church, the Archdeacon was employ'd means in fmall Manors, to his beft Advantage by the Bifhop in more fervile Duties of collecting T Anna 51 H. 3. Stat. 5. And in the Statute "of and diltributing Alms and Offerings, and feems 1 Ed. 3 cap. 8. the Sheriff* did call themfelvcs to have been fubfervient to the Arch-Presbyters, the Urban or Rural Deans of King's Approvers, Chriftianity, to HtppiUare is to take Xo his own Ufe or Profit, whom they were originally as much inferior, as viz. Domini vaftorum Qp bofcorum, &V. appruareye their Order of Deacon was to that of Priefts: Till by the Advantages of a Perfonal Attendance on poffuntde vafiis, &c. W. 2. cap. 50. 4! the Bifhop, and a put bp. See AbbaJla. Delegation to examine and reJJquapP, Aquagium quafi Aquae agium, /. e. port fome Caufes, and Commiffion to vifit fome aquae ductus, aquae gangiuni, aquae iter, a Water- remoter Parts of the Diocefe, they became in Non liceat alicui de catero facere dammas Effect Eyes to the Overfeers of the Church; and courfe. vel fordas, aut alia impedimenta in aliquibus landeis, by degrees advane'd into confiderable Dignity water-gangiis, fojfatis, Jive aquagiis communibus in and Power. Lanfranc Arehbifhop of Canterbury, Ordmatio Marifci de Romney was the firft Prelate in England, whoinftituted an marifco pradiBo. facta tempore H. 3. Ed. 1. See Watergage. Archdeacon in his own Diocefe about the Year 3lrabanf ad Curiam Domini, Was intended of 1075, when upon the Death of Godwyn, the Sufthofe who held by the Tenure of ploughing and fragan Bifhop of St. Martin's, he would not contilling the Lands of the Lord, infra Curiam, i. e. fecrate any other affifting Bifhop, but ordain'd manerium fuum. Spel. Ghjf. verb. Arabant. Valerius Archdeacon, to execute the like Jurifdicairalia, Plur. Arable Grounds, Dome/day Tit. tion within .his Diocefe of Which Canterbury. Silva 20 Example gave Occafion to the Effex. Rex. hundred, de Cheremesford. Eflablifhing of pore, decern Acr. prati 1. noncul. Quatuor Aralia 23 Archdeacons, and Allotting their Diftritts in every I oves 24. caponei, &>c. other Diocefe, within few Years after pore. 50. Lanfranc. airbitratO^, May be taken to proceed either 3!rrfierj> was a Service of keeping a Bow for from the Latin (Arbitrator) or the French (Arbitre) the Ufe of the Lord, to defend his Caftle. Joand fignifieth an extraordinary Judge in one or hannes de Archier qui tenet de Domino Rege in capite more Caufes between Party and Party, chofen by per Serjeantiam Archerias. Co. Litt. Sect. 157. their mutual Confents. aircliefs Courf, (Curia de arcubus) Is the chief Weft. Sym. Part. 2. Tit. Compromife, fe&. 21. who likewife dividcth Arbi- And moft ancient Confiftory that belongeth to trement into General, that is, including all Acti- che Archbifhop of Canterbury, for the debating of ons, Quarrels, Executions and Demands, and Spiritual Caufes; and is fo call'd from the cfpecial, which is of one or more Matters, Facts, Church in London, dedicated to the BlefTed Viror Things fpecified, ibid. feS. 2, 3, 4. The Civi gin, commonly called the Church of St. Mary le Hans make a Difference between arbitrum and arBow, where it is held ; and the Church is named
quod promifit tenetur
ei

conventio, fcilicet ut

de

&

Bow

A R
Bow-Church, from tho Fafhion of the Steeple, whofc top raifed of Stone Pillars, is buildcd Archwife, like fo many bent Bows. The Judge of this Court, is termed The Bean of the Arches, or The Official of the Arches Court. Dean of the Arches, becaufc with this Officiality, is commonly joined a peculiar Juriidiction of thirteen Parilhcs in London, termed a Deanery, being exempt from the Authority of the Bifliop of Lonthe of Canterdon, and belonging to Archbifliop of which the Parifli of Bow is one, and bury ; the Principal, becaufc the Court is there kept. Others conceive that he was firft called Dean of the Arches, becaufe the Official to the Archbifhop be'd abroad in Embaffies ing many Times employ for the King and Realm ; the Dean of the Archet was his Subftitute in this Court, and by that Means the Names became confounded. The JurifdiQion of this Judge is ordinary, and extendeth it felf through the whole Province of Canter
JlrgumentofiiB, Hiltorian

A R
Is

Word mentioned

by our

and figmfies Ingenious; Neubrigenfis, In pifluris quoque opera argumentofa wcamui. Lib. I cap. 14. Apes argumentolst, e>r.
9l'li0nium, Kenchtfier near Hereford. arifrban, Is the Edia of the King, command ing all his Tenants to come into the Army If they refufe, then to be deprived of their H flutes. From the Sax. Here, Exercitus, and Ban, Edithim. aincfum Utoario, an old fportive Exercife, which feems to have been the lame with running at the Quintan, or Quintal. Sec Quintan. $rma Oarf, To Dub or make a Knighr, An. Dom. 1 144. 10 Steph. Ego Brientiut Comitis,
:

em bonus Rex Henricus nutrivit, & cut arma dedit cP honorem. So Arma capere, to be made a Knight. A. D. 1278. 31 Ed. 3. A die quo dittus Comes (i.e. Henricus de Lacy) arma mil: tana a Domino Henrico Rege data nofiro cepit. See Mr. Kennet's Parochial

films

Antiquities, p. 101, 289. Quern etiam premature So that upon any Appeal made, he forth- militem fecit donatum chlamyde coecinea, gemmato balfurther Examination of theo, enfe faxonico, cum vagina aurea. Malmf. lib. 2. with, and without any the Caufe, fends out his Citation to the Appellee, cap. 2. de JEtbelflano. So in Hovcden, Part Fofi and his Inhibition to the Judge from whom the bee in bebdomada Pentecojles, filium fuum Henri, um Of this you may read more apud Weftm. armis militaribus bonoravit. And in Appeal was made.
bury.
1 .

in

H'tjl.

de Antiquit. Ecclef.

Britan.
.
.

And 4 Part,

Walfingham,
fications,

pag. 507. Die

Dominica in
fufcepit

vigilia

Puri-

derivative from Area, a 'Tis true.the Word Arma in thefc Places Signifies any Place where ancient only a Sword, but fomctimes a Knight was made by giving him the whole Armour: Thus we read, Records, Charters, and Evidences are kept Alfo the Lanfrancus Dorobernenfis Epifopus eum lorica ir.duit, alfo the Chancery, or Exchequer- Office. in Libraries. fip galeam capiti impofuit eique 8^ Regis filio militU private Repofitory JfrDefi* were a Sort of Tiles ofa blue Colour, cingnhim in nomine Dei cinxit. Orderi.us Vitalis. Lib. 8. de Henrico, &V. like our Cornijb Slate. ajrtrifl Drponf rr, Was 2Preche is n 'd Word, (ignifying to divulge enjoin'd when a Man had committed an Offence. LL- Hen. from whence we derive the Word Re.kon. cap. 6"8. 3Uma libera Were a Sword and a Lance which airmtare, To Rent out, or fct at a certain Ricardus de Armefione Ballivus manerii were ufually given to a Servant, when he was Rent.
Cheft.
3rrl)ilie*, Archiva, Rolls, or

lnft.fol.y,!.

Edwardus juvenis

arma

militaria.

The

1 .

de Kingesford, mali iofe per violentiam dittos Rede eadem pif aria ejecit, &P ipfam Domino fuo ligiofos

&

made free. 3Jrma moltit.-, Sharp Weapons

that cut,

and

Dominus per are not blunt, which only break or bruife, Confuctud. Domus dc Farendon, Bratt. lib. 3. trail, z. ca. 23. &> Staundf. PI. Cor. 6 annos recepit. MS. f. 53. 78, 79. Bratton's Words be thefe, Arma molura To plagam faciunt, Jicut gladius ai.unfmfnr, Surprife, Affrightment hujufmcdi : Ligna the great Arereifment and Ertenyfement of the vero ittus, qui judicari nets lapides, brufuras, orbes Common Law. Rot. Fart. 21 Ed. 3. pojfunt ad plagam, adhocutir.de venire pojjit adduellum. mentioned in Gerv. Til- And Fletalib.z.c.51 par. 6. calls them arme emolita. 3Hrgfnfaril!0 JllilPJff is ab inferior'/ fcaccario ad fuperius 3trma muraif was a Ceremony ufed to confirm bury : Et dicitur qui examinandi argenti, ubi videtur miles a League or Friend/hip. defert loculum ainiianOiae, or jus Armandie. Habent Principes peni pro gregario famulo. exairgtnftnn auburn, Silver Coin, or current piura jura Jive regalia ut funt Armaiidii,
Arentari
fecit

in

12

fol.

quos idem

&

& &

qucd
;

fomc Rents to ponitur per aliquos ejfe jus faciendi fieri arma & Money. By Doomfday Tenure, the King were paid in Argento albo, common Sil- per alios effe littora que funt publica Qr> regalia quoad ver Pieces of Money, other Rents in lihris urps \defevfionem ac protettionem, ut prohibeant ibi fieri quicS. vocat. &> penfatis, in the Metal and full Weight and quam fi ufus litoris publicus impediatur

Brehul, Com. antique Vie, penes TI:o. Street. Servien. ad legem. King's Purity. 2fcnrM reufrfata. This was when a Man was Buck, reddebat per annum 28 libras de albo argento, &> po fore/la 12 libras urfas CP penfatas. Paro.b. convi&ed of Trcafon or Felony. Thus Knighton, Hence in the next Age, that Rent fpeaking of Hugh, Spencer, Primo vtfiierunt eum uno Antiq. p. 165. which was paid in Money was called Blanch-fearm, vejiimento cum armis reverfatis. lib. 3. pag. 2J46. and afterwards White.rtnt ; and what they paid in airmigm; Not only a Title of Dignity, but the common Appellation of Servants, efpecially Provision was term'd Black-mail. aitgentum Ij">n God's Money ; That is, Mo- in Convents. I fuppofe the better Sort of Serney given in Earned upon the making of any vants, yet fuch as wore Liveries in the Priory of where in 4 Hen. 6. the Prior and Burfar Bargain. It is dill called God's Penny in the

So the

Manor

at

one Authority of accounted & in bhdeo panno empto pro Armitaking fuch Money in Hand as an Earned of a geris 8" valettis Prioris de Johanne Bandye de MagnaAdam de Holt vendidit quin Tue. Pannario erga Natale Domini hoc anno 7 lib. remaining Sum. This is 6. 11. Ken. Parocb. tarn partem manerii de Berterton Henrico Scot. & 5. fol. Antiquit. p. de Argento Dei, the fame fcrvile Office, which by Sir Henry Sf*lepit de pr<editto Henrico tres denarios in the pre manibus. Pla.it. apud Caflr. 2 Ed. 3. Hence man is called qncdam Species Armigerorum Earned; and Arles-Penvy, now ufed in Abbey of Battle, Com. Suf. where the Abbot an i Aries, where they likewife call Servants Vails Convent granted Hugoni Francey Armigero fuo, a

Burcejler,

North

meet but with

this

Torkjliire,

Aries.

yearly

A R
and a cuftomary yearly Preftation or Wages, Livery. Armour or atrmfl , (.arma) in the Undemandextended to any Thing that a ing of Law, are Man wears for his Defence, or takes into his Hands, or ufeth in his Wrath to caft at or ftrike another. Crompt. J-uftice of Peace, fol. 65. So
1

A R
viz.

To
this
i.

call
e.

And
nare.

arraigned,

ft Man to anfwer in Form of Law. comes from the barbarous Lat. AdratioPlacitare : So that when a Criminal is 'tis ponere eum ad rationem.

atus,

& gateas

that

Armotum

AppeUatio non ubique fcuta

&

Arrayed in barbarous Latin is ArraiWell appointed or provided; and that comes from the old French Word Arraye, or Ar-

array.
i.

e.

gladios,

roye.

arms are alfo what we call in Latin Injignia, Enfigns of Honour. armifcare is a Sort of Punifhment decreed or litary Order ; but now a Ranking or Setting forth a Jury of Men empanelled upon a Caufe. iSHen. impofed by the Judge. Malmsb. lib. 3. pag. 97. At firft it was to carry a 6. cap. 14. Hence the Verb to Array a Panel. Walftngham, pag. 430. Saddle at his Back in Token of Subje&ion, viz. Anno 3 H. 5. cap. 5. and Old Nat. Br. 157. That Nudis vefiigiis equefirem fellam *d fatisfaciendum bu- is, To fet forth the Men empanelled one by anoThus Brompton tells us, that in the ther. The Array (hall be quafhed. Ibidem. By rnetii feret. Year 1176, the King of the Scots promifed Hen. the Statute every Array in Aflife ought to be the 2d. at York, Lanceam &* fellam fuam fuper Al- made four Days before. Brook, Tit. Pannel. tare Sanfti Petri, ad perpetuam hujus fubjeclionis me- Numb. 10. To challenge the Array. Kithen,fol.<)z. See Challenge. To lead and conduft Perfons armmoriam efferre. that ed and arrayed. 14 Car. 2. cap. 3. atiialOta, Amoldia: A Sort of Difeafe, makes the Hair fall off, like the Alopecia, or like arrayerfi, (Arraiatores) is ufed in the Statute, Deinde uterque Rex in- 1 2 Rich. 2. cap. 6. for fuch Officers as had Care Diftemper in Foxes. cldlt In agritudinem quam Arnaldiam -uocant, In qua of the Soldiers Armour, and did fee them duly accoutred in their Kinds. Such were the Comipfiad mortem ufjue laborantes caplUosfuot depofuerunt. col 1201. miflioners of I. Brompton. Array, appointed by King Charles the p. 693. Rog. Hoveden. Ric Cum autem Rex Ricardus per aliquot dies ibi Firft, in the Year 1642. and Edward the Third, moram feciffet, graviffimam incurrit agritudinem, qua in the firft Year of his Reign, appointed fuch vulgo Arnoldia vocatur, ex IgnoU regionis conftitutione Commiflioners to array Men againft the Scots : cum ejus naturali complexione minus concordante. Gau- Edw. Dei Gratia Rex AnglU, Dominus Hib. Dux Iter Hierof. cap. 4. Aquit. dileBis & fdelibus fuis Johanni de Occleflhorp fridi Vinefaulf, Ricardi Regis, Of Johanni de Fenton, eleBoribus I 3. Arraiatoribus Hrpetl, or arptnt, (Fr.) an Acre or Furlong hominum in Wapentachio de Barkejlon, falutem. Cum of Ground The moft ordinary one, called L'Ar- ad repellendam Scotorum maliciam qui regnum noRrum is one hundred Perches fquare, bofiiliter funt ingrejji, homicldium, depredationes, in pent de France, alia mala citia after eighteen Foot to the Perch ; fome account cendia perpetrando verfus partes Inde Scoti cum toto it but half an Acre, This Word is often found MarchU ScotU, Qrc. ut

Jignifcat, fed

&>

fuftes

&>

lapides.

enter munitas

in Thorn's Chron. Gentes fuffici: And in Knighton, Lib. 3. Rediit tota fortitude, QPc. diftincla bene arraiafa. So that it (ignifies, in a particular Manner, Mi-

Thus we read

&> arraiatas

&

&

&

&

&

pofefuo, Domefday, Quatuor Arpenni vine* novlter plan- pr.i certo dididmm, prope civitatem noflram Karleoli ifia acras terrA&unum die Martis fe Tit. Middlefex. taU. Septem congregare proponunt, &V. Nos confidein

Arpentum

qut.

me

contlngebant per Efchaietam.

Ex

rantes periculum,
potentes

Reg. Priorat. de Wormfley, fol. 7. b. where Arpen feems to be fomc Quantity lefs than an Acre Hence Arpentator is ufed for a Meafurer of
Lands.
atrratiifio

&V. Omnes homines defenfibiles &> ad pugnandumejufdem Wapentachii tarn milites quam alii, Qpc. T. meipfo apud North- Alverton xiii die Junii, Anno Regni nofiri primo.

Peotfum, the Arraying of Foot Sol

1

diers.

Pat.

Ed.

z. p. 1.

m.

3.

3rrain or Arraign, (from the French ArranTo fet a Thing in Order, or in its i. e. ger,' Place,) hath the fame Signification in Law : For he is (aid to arraign a Writ of Novel Dijfeijin, who prepares and fits it for Trial before the Juftices
of the Circuit. Old Nat. Br. fol. 109. Littleton in the fame Senfe, {tag. 78.) ufeth the Word , viz, The Lejfee arraigneth an Affife of Novel Dijfeijin. To> arraign the Afftfe is to caufe the Tenant to be called, to make the Plaint, and to fet the Caufe in fuch Order, as the Tenant may be forced to anfwer thereto. Coke on Littl. fol. 262. b. Alfo a

remaining in the Hands of an Accomptant. It is fometimes ufed more generally for any Money of Rent. unpaid at a due Time ; as

arrearage, (from the Fr. Arriere, aretro,) the Remainder of an Accompt, or a Sum of Money

That
pag.
Si

this

Word
10.

Arrearages

is

borrow'd from the French,

utroijue retraSu,

appears by Tiraquel, De
3.

Tom.

num.

3.

arrcttaruB, Sufpefted, Accufed. Offic. Coronat. autem aliquis arretatus fuerit de morte alicujus From the old periclitantis, capietur & imprifinetur. Norman, rettc. Weftm. cap. 1. Quaunt Clerk ejl prife
pour rette de felonie. rette per fclemne

Ceus queux
So

font endites de tiel

Spelman. arrenatuji, Arraigned. Stephanus Rahaz, Vic. Prifoner is faid to be arraigned, when he is in- Leic. arrenatus & ad rationem tofttus de hoc quod, dicted and brought forth to his Trial. Arraigned &>c. Rot. Pari. 21 Ed. 1. within the Verge upon Murder. Staundf. PI. Cor. arrentate is a Word often mentioned in our 1 50. The Manner of this Arraignment you Hiftories, and it fignifics To rent, Viz. Ne- tern fol. may read in Sir Thomas Smith de Rep. Angl. lib. 2. vel tenementa eorum ed o-cajlone arrententur. Charta, J The Learned Spelman is of Opinion Ed. 1. And in the cap. 23. Monaflicon, 2 Tom. pag. 273. it fhould be written Arrame, from Arramare, and viz. Reddendo nobis per Annum ^6folidos ad quos vafta the old French Arramir, i. e. Jurare, &> ajfarta that from fua in diverjis arrentand'a affigna But this muft be a tos arrentabantur. Andforejlis in Confuetud. Domus de promittere, folemniter projjteri. Miftake: For in the Regijler we find no fuch Farendon. MS. fol. Ricardus de Armejlone Bal53. Word as Arramare; but in all the Writs of Aflife Manerii de Kingesftrd, malitiofe per vielenliyus 'tis Arrainavit: And fo it is in the Year-Books, tiam diHos Religiqfos de eadem Pifcaria ejecit, ipand in Fitzh. Nat. Brev- The true Derivation is fam Domino fuo arrentari fecit in 12 fol. quos idem from the Fr. Arraifonner, i. e. Ad rationem ponere, Dominus per 6 annos
inqueft.

cap. 21.

&

&

recepit.

airrrnrafirm,

A R
&
with a low Hedge, and 1'mall parvo fojfato, Ditch, which is according to the Aflife of the Forcft,) under a yearly Rent. Saving the Arrtntations is a faving Power togire fuch Licences for Rents for Purprcfturcs arrented, a yearly Rent. Anno 11 Car. 2. cap. 6. 3kreu\ Fr. A Stop or Stay, and is metaphorically ufed for a Decree, or Determination of a Caufc debated or difputed pro and con ; as Arrefidu
i.

A R
rcBum
habere

3lrrcntatiOn, (from the Span.) Arrendare, q. Ad Imputed or laid unto; at, No Folly may be arcertum redditum dimittere, Or Jin. Forejla, 34 Edit;. 1. retted to one under Age. Littleton, cap. Remitter. an Owner of Lands Chaucer ufcth the Verb cap. 5.) fignifics the Licenfing airrrtttri), i. t. Layeth in the Forcft, to cnclofe them, (Bajfa haya Blame, as it is interpreted. BraBon Ad
e.

lefactor forth

and put to his Trial, Lib. 3. traB. 2. cap. 10. And in another Place, ReBatus de mortt homiuis, charged with the Death of a Man. drrpennetf, Arpennus, the fame with Arpennii, an Arpen or Ego Bernardus de Novo MerArpent.
cato,

MalefaBorem, i. e. coming, fo as he

To have
may be

fays,

the

Ma-

charged,

fui,

cenfenfu Henrici Regis, pro dedi SanBa Trinitati

Senat, i. e. Placitum Curia. With us Arrejl is ta- in Gualia fuper littus prafati fiuminis, quod Tilt did ken for the Execution of the Command of fome tur tres Arrpcnncs tratorum. Cartular. S. Jo. de Court or Officer of Juftice; and a Man flopped, Breon, to Hec Scriptum faBum apud Sutton airrura, flayed, or apprehended for Debt, &>c. is faid be arrefled, which may be called The Beginning of Courtenay, 50 Die Dec. 4 Edw. 3. inter Dominum Sec Hantelode. To move or plead Hugonem de [mprifonment. Courtenay ex parte una Qf Ric. de Stanin of Judgment, is to fhew Caufe why luke Qp Johannam uxorem ex

anima Joannis patris SanBoque Martino de hello

MS.

Arrejl

ejus

(laid, notwithstanding the quod idem Dominus Hugo in excambium remijit Verdict be given. To plead in Arrejl of taking omnimeda opera, viz. eifdem Ricardo &> Johanna the Inqueft upon the former IlTuc, is to fhew Arruras, Mejftones Cariagia, &f> alia qutcunque Caufe why an Inqueft mould not be taken, &Pc. opera. Et ipfi non dabunt ^fDfff, Qpc. Penes Tho. For preventing of Arrejls Wollafcote de Sutton pradiB. Ar. And in the Black Brook. Tit. Repleader. of Judgments, fee Statute 16 & 17 Car. 2. cap. 8. Book of Heref. I find De operationibus Arrurae Budtus (fays Lambard Eirenarch. lib. 2. cap. 1. which fignifics Days-Works of Plowing For, of in his Greek Commentaries, thinks that the old, Cuftomary Tenants were bound to pag. 94) plow French Word Arrejl, which with them (as we! certain Days for their Lord of the airfun, The Trial of Money by Fire after it faid) dignifies the Decree or Judgment Auri vel argenti erCourt, took Beginning from the Greek WJ , was coined. conjlatio purgationis i. e. Placitum, as we may fay the Pleafure of the Where it is faid in Dome/day, go vel examinis. Court, yet I believe rather that we receive the Reddit jo/, ad Arfuram, it is meant of lawful fame from the Normans Law, becaufe we ufe it and approved Money, whofe Allay was tried by in the fame Senfe with them: For commonly Fire. with us an Arrejl is taken for the Execution of 3frf anu art is a Term ufed in Scotland and the Commandment of fome Court, or of fome the North or England. When one is charged with But howfoever the Name a Crime they fay, He was Art and Part in cornOfficer of Juftice began, an Arrejl is a certain Reftraint of a Man's mining the fame, i. e. That he was both a ConPerfon, depriving him of his own Will, and triver, and acted his Part in it. 3ln& tljat n: 3lrrl}el, (An. 16 H. 8. cap. 6. binding him to become obedient to the Will of. the Law: Precepts and Writs of the Higheft J&erfoil 0} {DetfoiiB fljall hereafter, fltani' Cim. Courts of Law, do ufe to exprefs it by two feve- caft anp 3F1)ing into flje Court tolf fjM Wales, ral Words, Capias and Attachies, to take or catch oj ttjc JLciofljip;* 9arcl)C0 of rtje fame, up tin Hold of And it feems that this Word is fprcad apcan oj jjlame of an Arthel, op reafon ualir rec farther than France, for Gale, a German Writer, tfje Court map be letteo, Difrurbcii, o; Pifcmtinu^ fliews by his TraUate, Be Arrejlis Imperii, that it is ED fo tf)3t UTMie, UPOn ain Of,'&c.) is a Britijb ufed in the Imperial Treaties, in the fame Signi- Word, and is more truly written BrDDflu,

Judgment ihould be

altera, tejlatur,

&

fication, cap. 1. n. 1. JUrreffanii* boms

which the South

nifies

which lies ken by another, who during the Controverfy Angl. Suoucl). Example; SL> Odir Dt>n, 'ai doth or is like to make them away, and will hard- ItD^ao rn ei ftato rljaio iooo geifio Arddclw i. e. If ly be able to make Satisfaction for them after- cpfrrtthlon, t ftojuj et lefijaB oaoimjtliP, a Man be taken with ftoln Goods in his Hands, ward. Regijleroj Writs, fol. iz6. 3lmttanoo ipfum, qui pecuniam receptt aD he muft be allowed a lawful 2lroneltt) (Vouchee) pioftcififnoum in of.'cquium Kegw, &c. is a to clear him of the Felony Which is Part of Writ which lies for the Apprehenfion of him that the Law of Howel Dda but probably was lb a hath taken Prcft-Money for the King's Wars, and bufed in Henry the Eighth's Time, by the Delay and other Criminals hides himfelf when he fhould go. Reg'Jler of [or Exemption of Felons from Juftice, that Provifion by this Statute was Writs, fol. 24. b. <tneflo ta'cto fupfr boniflf nirccatojnim aiienige* made againft it. According to the Laws of Howel no U"i,&c. is a Writ which lies for a Denizen a- Dda, every Tenant holding of any other than of the Goods of Strangers of any other Coun- the Prince or Lord of the Fee, paid a Fine pro gainft found within this Kingdom, in Rccompence defenjione Regia, which was called fliflll 4lrDI)fl. try, of Goods taken from him in that Country, after &i-flCles5 Of the ClrrijiP {Arti uli Cleri) are cerhe hath been denied Reftitution there. Regijler of tain Statutes made touching Perfons and Caufcs Ediu. x. and Anno 14 Edw. Writs, fol. 149. a. This among the ancient Ci- Ecclefiaftical, Anno vilians was called Clarigatio, now barbaroufly Re- 3. Stat. 3. UrticUiUP , an Article or Complaint exhibited prifalia. Someof Libel in a Court-Chriftian ill Ti'ttCO, ArreB.Utts.quaJi, Ad reBum vecatus, that by VVay who is converned before a Judge, and times the Religious bound thcmfelvcs to obey is, He charged with a Crime. It is fometimes ufed for the Ordinary without fuch Procefs As Ann* Dom
:
'

ne niflipenfur is a Writ for him whofe Cartel or Goods are ta-

Weljlsmen

write irOfofl, and (ig

(according to Dr. Davis's Dictionary) Ajlt. Vmdicart ; AJfertio, Vindicatio ; AJferere, pulari,

130,

ASS
&
211'unDinFtutn,
1

ASS
;

and Convent of Burcefier fub- the Foreft, and to make it feveral for Tillage 1500, the Prior it is no Otience, if done with Liccnfe. mitted themfelves to the Official of Lincoln, &c. fo that lib. 4. cap. 38. Ouod pofftnt eos &P eorum fucceffores per omnem cenfu- To this alfo may BraBon be added, That the Words Bcfus ad omnium Qp premif- nu. 11. where he faith, 7am EcUfiaflicam Jtngulorum articufis feu libelli peti- efficitur ajfartum, fignify as much as redaBus in foruvi obfervationem, abfque Of this you may read more in Cr.mp. Paroch. culturam. tionee quocunq; firepitu judiciali compellere. H. 3. Jur. fol 203. And in Charta de Forefia, 9 Antiq. Pag. 344. a Place where ca. 4. where the Englifli Word is not written or

And in Manwood, Part 1. p. 171. affart, but ajfert. _ or Entertainment given The Word is ufed 4 E. 1. Stat. I. in the fame airtolt'&UVipPr.iiFeaft retained in Signification. That which we call AJfartum, is at Funerals, which Cuftom is ftill fome of the North, and North-weft Parts of elfcwhere termed Disbocatio : Decis Genu. 78.
Reeds grow.
b. Infi.fol. 4.

Ground,

the Loaves diftributed Quietus de EJfartis, we find in a Charter of Henry England. So Arvil-bread, in And the Firft to the Abbot of Rames, SeB. 198. to the Poor at fuch Funeral Solemnities. are ufed for the Burial or Pat. 18 E. 3. p. I. m. 19. Et quibufdam Satis que Arvil, Arval, Arfal, fartaverunt homines ejufdem forefie, &V. Affart was Funeral Rites. As alfo anciently ufed for a Parcel of Land affartec, as appears by a Charter of Roger Earl of MortiHe to the Arvil, Come, bring my Jerkin Tibb, it makes me Marvil. mer, without Date, which is in the Cuftody of Yon Man's dea

&

Seity Seoun,

Yorkshire

Dial.

p. 58.

Mr. Thomas Bridgivater : Sciant, quod ego Rogcrus de Mortuo mare Dedi Adi Pifiori pro fervitio fuo

25rura, pro Aratura. Ploughing: Work at the Plough. One

bondagio

Una

unam aruram in yeme, Paroch. Antiq. p. 401. Hence in .en la Hope, qu* appellantur Ordrichefruding Qp Al furculaturam. is to plough, and an Earing is a dicheruding, in quibus Afartis continentur quin u? Wiltfiire to Ear Senfe the Word oc- acra ad eandem menfuram tredecim acrarum fu}er Ploughing. In which Day's in many Parts of the Old Teftament, as Mughedone, QPc. Hiis tefiibus, Ade Salvag. VValt. curs de novo Menul, &c. The Word AJfartum or 8. 12, &>c. Gen. 45. 6. Bent. 21. 4 1 Sam. 8. e. Steps by which one afcends. Effartum, is by Spelman deriv'd from Exertum, as aiftenfCtfium, if Wood were thence pull'd or rooted up. Some Brevis efi fcala, non laboricfa, tribus tantum difiin&a derive it a farriendo, from weeding or cleaning Term. 24. afccnforiis. Petrus Blefenfis. HfceBprium (Archifierium, Afftfierium, Acifie. Fields. Skinner runs into more fanciful Cona jectures, a hat. Exarturare, i. e. artus feu ramos is rium, Afiyfterium, Architrium, Arcifierium) It often arboris defcindere, arborem detruncare, vel fi mavis a Greek Word, and fignifies a Monaftery. Lat. Exaltuare, i. e. faltum in agrum cultum tranfoccurs in our old Hiftories. Bu Cange. Mr. Somner is much more rational and mutare. atftcreta, a Secretary. or <BffatI?, Was a ftrange Kind of Pur- happy, who thinks Exartum to be a Contraction of "Jlffad), of old in Wales, by the Oaths of Exaratum; to which Opinion the learned Du gation, ufed Men: For fo I find it explicated in ancient Frefne inclines. Alii denique ab Exaro unde Exa300 S S. Affach efi un jfur. de 300 homes in Gales ratum, Ager exaratus, prafciffus; &> per contracfionem and is now abrogated. But this Cuftom prevail- Exartum, uti fcribi paffim in vetufiioribus Chartis where a Statute cap. 6. reports it obfervare efi. Quam ultimam fententiam fulciunt ed to 1 H.
debet
'.

Day's &=

&

antra, decern acras terra fuper Mughcdone inter prat urn quod Tenet in fuit Petri Budelli &> viam que vadit per medium unam Mughcdone. Dedil etiam eidem Adi Duo Afarta

Walli emprifinez (Anglos) tana, al TabuU veteres in Cror.ico Befuenfi, &>c. Us ount fait gree a eux en eel partie, ou que aUffartmenftf, {Rot. Pari. 51 Ed. 3. feem to be temps que in the fame Senfe as ils vorront fe excufer {de le mort des tiels ~RebeU.es enfy- ufed Hffarf'lReiUjBf, which were Rents paid to the tuez) per un Affath fclonq la cufiome de Gales ; cefi a Crown for Foreft-Lands uiffarted. Stat. 22 Car. 2. dire leferement de ccc. homnes, &>c. Spelman.
thus.

5.

per Dflart, AJfartum; In the Opinion of

2.

Tart

ca. 9. nu.

5.

Of

the

from

the

French

ajjartir,

Forefi-Lanvs, fignifying to

Manwood, comes

cap.

6.

make

redaBum efi ad culturam, plain, AJfartum efi quod Fleta lib. 4. cap. 21. Item refpondere: It is, faith the fame Manwood, ca. 9. nu. 1. an Offence committed in the Foreft, by pulling up by the Roots the Woods, that areThicketsand Covert for the Deer, and by making them as plain as arable Land. This is reputed the greateft Offence or Trefpafs, that can be done in the Foreft to Vert or Venifon, containing in it Wafie, or more ; for whereas Wafie of the Forefi, is but the felling and cutting down of the Coverts, which may grow up in Time again ; an Affart is a plucking them up by the Rook, and utterly deftroying them, that they can never grow again. And this is confirmed out of the Red Book in the Exchequer, in thefe

HWauIf, bifultus or affultus, Cometh of the and French Verb affayler, i. e. adoriri, invadere that French Word may be derived from the Latin It fignifies that is, vim afferre, oppugnare. affilire, in Law a violent kind of Injury offered to Man's Perfon, of a higher Nature than Battery ; for it may be committed by offering of a Blow, or by a threatning Speech, Lambar. Eiren. lib. 1. ca. As to threaten a ColleSor with harm Words, 3. fo that he dares not for Fear execute his Office, hath been reckon'd an Affault. To ftrike at a Man, though he be neither hurt nor hit, hath been adjudged the like. 22 Lib. Aff. PI. 60. That Affault doth not always imply a Blow or Striking, appears, in that in Trefpafs for Affault and Battery, a Man may be found guilty of the Affault, and excufed of the Battery. 25 E. ca. 24. The
;

vera, occtifiones nominantur, quando, Feudifis call this Affultum, and define it thus, latibulis Affultus efi impetus in perfonam aut locum, five hoc nemera vel dumeta, pafcuis vel equo aut machinis, aut quacunque alia opportuna fucciduntur; quibus fuccifis & ra- pedibus fiat, ferarum And re affdiatur. Zafius de Feud. p. 10. nu. 38. And dicibus avulfis terra fubvertitur &P excolitur. again, out of the Reg. Orig. fol. 257. a, b. in the affilire efi vim adferre, Lib. Feud. I. Tit. 5. Sect. 1. Writ ad quod damnum, fent out in Cafe where a Lat. Affaltus. Habeant Abbas 6p Monachi RaMan fueth for Liccnfe to Affart his Grounds in dingenfes in tota pcffeffione fua omnem Jufiitiam de

Words, Affarra

6Pc. Forefie

&

Affaltu,

Aflaltu, fif murdrit,

fil

furtis, de fanguinis tffuftane,

i

&> Pads

Abbat. de Radingcs, MS. f. I. b. The Word in the Laws Affaltut does in the like Scnfc occur of Erf. Conf. cap. i J.

irfraHione.

Cart,

Hen.

I.

in Cartular.

the fame Debt, and by that Means the Heir Ifiall be charged as far the Lands fo to him defcended will extend. But if he have alienated before the Obligation be put in Suit, he if difcharged. Alfo when a Man fcized of Lands in Tail, or in

JMTai'Cf ajtAfurcBann EUnqh^. (Derived from the Right of his Wife, aliens the fame with Warthe French EJfav, i. a Proof or Trial,)is the Exa- ranty, and hath in Value as much Lands in Fccmination ufed by the Clerk of the Market, Reg. flmple, which defcends to his Heir, who is alfo Ac atiit'am &> alfayam panis, vini Heir in Tail, or Heir to the Woman ; now if the Orig. fol. 179Heir after the Dcceafc of his Anccftor, bring a Paten. 37 H. 8. Tbo. Marrow. cervif*. aiff fir Oc flit tilliy, (Aff.iyator Regis) French Writ of Formedon, or Sur tut in vita, for the Land Is an Officer of the Mint, for the due fo ulicnatcd ; then he (hull be barred, by Reafon Affayeur, Trial of Silver, indifferently appointed between of the Warranty ; and the Land fo defcended, the Maftrr of the Mint, and the Merchants that which is as much in Value as that which was bring Silver thither for Exchange. 2 H. 6. ca. 11. fold, and fo thereby he hath received no PrejuVeflcls of Gold lh*U be affayed. 28 E. I. ca. 20.C* dice ; therefore this Land is called AJfets per dez. Affets enter mayns is when a Man indebt18 Car. 2. ta. 5. Mandatum eft Will. Hardel Clerico, fcent. ed makes Executors, and leaves them fufficicnt quod convo<atis in prafentia fua omnibus, M.netariis,

&

&P aliis mini to pay his Debts and Legacies ; or fomc CommoAflayatoribus, cuftodibus, operariis, de Cambiis Regis London. &> Cantuar. per vifum dity or Profit is come to them in Right of their (Iris cf tiftimonmm ULrum prov'u'eat, quod tot fiP tales Tcftator; this is called Affets in their Bands. ad ope4)llFU>ure, To draw or drain out Water from operariijint inpr<edi(fis (ambiis, qui fufftciant rationes regias faciendas, ne Rex pro dtfeHu bujufmo- Marfliy Grounds, Qji<>dipfi marifum prtdiSum di miniftrorum dampnum incurrat. T. ajiud Woodftoke Aflewiare, & fecundum legem marifci wallis includere&P in culturam redigere, p marifum iftum 10 Jun. ClauJ. Ren. 3. n. 8. To take Confeflbrs or Fellow fie Aflewiratum, inclufum, in culturam redacium 3HTaj'fiare, Henricus Dei gratia Rex Angl. BY. di- tenere. Mon. Ang. 2 Vol. fol. 334. Judges. 1 Nicholao dc la Tur, falutem. itlfiDCrp or AtTtoarf , to Tax equally. Pnvifum leBo fdeli fuo S iamus quod conftituimus vosfufticiarium noftrum una eft generaliter quod pradiffa Quadragefima hi: v.cdo cum biis quos vobis duxeritis ArTayfiandos ad afftfam aifidcatur e> colligatur. Matt. Parif. an. 1 231. Cartular Abbat Gla- Sometimes it fignifies to affign an annual Rent to nov Diffeiftn* capiendam. be paid out of a particular Farm ; as Manerium fton. MS. f. 57. Adfecurare, To aflurc or make Rex Stepbanus dedit &> a fled it tit centum marcis. 3,tffClTarf, fc.'urc by Pledges, or any folcmn Interpofition 3ifitV, Afftgnare, has two Significations, one of Faith. In the Charter of Peace between Hen. general, as to appoint a Deputy, or fet over a

&

&

II.

and
Hits

his

Sons, recorded by

Hoveden, fub an.

1174.. Adfeiuravit in

quod

qui

manu Domini Regis Patris fui. fervierunt ei, nee malum nee damnum

aliquod

hac de caufa faciet JfffdlAflOn, the Setting of the King's Rents: XJli Balltvus Regis pail a Jibi mer.ede pradia Regis

minor e

pretio elocat.

SMTi'iiutp tinlatoful,

Coming from
to

the French

together ; theSubRAnuvcAffembly,Congregatio; To affign a falfe Verdiil. Id. fol. 112. And in a legal Senfe fignifying the Meeting of three juft. or more Pcrfons, to do an unlawful A&, although to affign a Perjury. Ann. 9. R. 2. cap. 3. To afthey do it not. Lamb. Eiren. lib. 1. ca. 19. See ftgn the Ceffor. Old Nat. Brev. fol. 1 341. To lhcw how the Plaintiff had celled or given over. To Unlawful Affembly. aiflflTo,!. Fleta lib. I. cap. I 5. llleth it quaft Or- affign Wafte, is to mew wherein cfpecially the dinator, Collector, Difpojitor : We now ufe it for him VVafte is committed. Reg. Orig. fol. 72. Afftgn who ajfejfetb publick Taxes, as two Inhabitants in in a general Signification is ulcd 20 E. 1. and 6. ca. 2. in thefe Words, every Parifh were Affeffors for the Royal Aid, 11 fuftices afftgned to that is, rated every Perfon according to the Pro- take AJJizes. And the Subftantive Afftgnment hath of his Eftate. Anno 1 6 & 1 7 Car. 2. cap. 1. the fame Signification, Weft. Symbol, par. I. lib. 2. portion Alfo an Officer in the Presbyterian Afl'em- feci. 496. As the Afftgnment of a Liafe, is the fetblies. ting over the Intcreft of the Lcflee to another. %Mt tFjFrom the French AJfez, i- e. Satis. Brail, In which Manner is ufed alfo the Word Afftgnee, . 2. And altho' this Word afftgnatus, for one that is appointed or deputedby lib. 5. trail. 3. ca. 8. wear the Vixard of a Subftantivc, yet is it in another, to do any Aft, or perform any Bufinefs, Truth but an Adverb, and (ignifies Goods enough or enjoy any Commodity. And fuch an Afftgnee to difchargc that Burthen, which is call upon may be cither by Deed, or in Law : Afftgnee by the Executor or Heir, in fatisfying the Tcftator' s Deed,is he that is appointed by a Perfon ; as when or Anccftor's Debts and Legacies. See Bro. Tit. a Leflec of a Term Afftgns the fame to another, Aflets per decent, that whofocver infills upon Af- he is his Afftgnee by Deed: An Afftgnee in Law, is hath he whom the Law fo makes, without any Apfets, intends thereby that the Party charged enough defcended, or come to his Hands, to dif- pointment of the Perfon. Dyer, fol. 6. nu- 5. So chargc the Thing in Demand. The Author of an Executor is Afftgnee in Law to the Tcftator, the New Terms of Law, makcth two Sorts of Af who dies poflefled of a Lcafc made to him and his
AJfemblcr, i. whence alfo
is

e. Aggregare,

flock

faith ; in which Senfe Britton This Word was firft brought into Ufe for the Favour of Baflards, becaufe they cannot pafs under the Name of Heirs, therefore were and are comprifed under the Name of AJJignees. The other Signification is fpccial,as to point at, or fet forth ; fo we may fuy to afftgn Errors, Old N. B. that is, tofhew where the Error is comfol. 19. mitted. To afftgn falfe Judgment, Id. fol. 17. that is unis, to declare how and where the Judgment

Right unto another

(fol.

122.)

Affets ; Aflets per defcent, and AJfets enter mayns: fcts per defcent is where a is bound in an Ob-

Man

Afftgns.

ftgnee

is

he

Perkins (Tit. Grants') that occupieth a

is

faith,

Thing
it

That an Afin his own

in the

ligation,

and dies feiied of Land in Fee-Ample, Right, and Deputy which defcend to his Heir, then his Land fliall be of another.
is,

he that doth

Right
3f-

called Affets, that

cnoughor

fufficicnt to

pay

ASS
Sffiflnmcnt Of Ototr.

ASS
Tis menregia,

Sec EJlablipment of

Dower.
3lfflrtiu!arf,
/'.

e.

To
i.

put together.

Book of 197. F. N. B. fol. 117, 178, 179. Entries, fol. 74. col. 3. Weft. 2. c. 25. an. 13 . I. And to this may aptly be added the Bill of Frejlj

New

tioned

in

Leg. H.
effe,

cap. S.

De via

viz.

Tanta
viate,

&
J.

veto debet

ut inibi duo carri fibi

pojftnt ob-

bubulci de longo Jtumbli fui poffwt

Afiimu-

which is directed to the Officers, or Magiof Cities, or Towns Corporate, being a Kind of AJJize, for Recovery of Pofleflion in fuch
Force,

ftrates

lare,

&c.

Places, within forty

Days

after the Force, as the

3fflfa caDETf,
1

To
is

be

Nonfuited.

In

what ordinary
lib.

Cafes fuch Nonfuit

cap.

&P

lib.

5.

cap.

&

fuftcred,

fee Fleta
e.

4.

AJJize is in the County. F. N. B. fol. 7. tut ceus ke oirunt ou vertunt Rcynandc cejl efcrit
falut.

the pleda devant jfuijlices en le oyer de Chelmsford par un Defendant pleads to the AJfize without taking Brief de Novel difleifin de un chemin ke ioavoy ejfojor pee ou luy & fes tenants de [on Maner de Dunham any Exception to the Count, Declaration,
9(TiIh,

Capi in

modum

Aflifx,

i.

When

de Ginges

Come Hawifc de Vere mcy em

Writ.

foloyent
CflOif,
/'.

3lffifa

e.

when

and legal Infufficicncy, can proceed no farther in

cap. 15. Jtffifa CflDit
is

there is fuch a plain that the Complainant

it.

Fleta

lib.

4. in

in

jurafam

is

muft nccefiari- Dunham kil eent le \avantdit chemin far.ns nul dijlurControverfy Fleta, lib. 4. cap. 15. Bra- bance de moy ou de mes heirs a tuts jours a aleer chaccer ly be tried by a Jury. Qp karier Jit ome eft avantdit. En tefmoinance de cejl Hen, lib. 2. cap. 7. to the chefe io lure ay donne ma lettre patente enfelee de mon "Jlfflfa dontinuantia is a Writ dire&ed to take an AJJife, for the Con- feele devant Sire Williaum</<r Lamburne, Nicolas de Juftices affigned tinuance of the Caufc, in Cafe where certain Re- Barehton, Qpc. donne a Chelmsford le Meskredy cords alledgcd cannot in Time be procured by procheint avant le Fejte St. Simon & St. Jude, le an the Party that would ufe them. Reg. of Writs, trefeime du regne le Roy Edward. Penes Will. Andrew Baronet. Dom. Manerii de Dunham, alias fol. 117. %&ti 1?ani0 CTerlnf se, the Power or Privi Downham. This the Civilians, call Judicium the Weights and Mea PoJfeJJionem recuperandi. lege of AJfiJing or adjufting As the Weight of ailfife Of ^O^t tl'nunffffo;, AJpJfa mortis antecef fures of Bread and Beer. Bread prefcribed by the Magiftrate is ttill called /oris, Lieth where my Father, Mother, Brother, the Size or AJfize of Bread. So Half a Cruft or Sifter, Uncle, Aunt, &>c. died feifed of Lands, Farthing-Bread is in Cambridge called a Size of Tenements, Rents, &c. that he had in Fee-fimBread ; and a Servitor is there a Sizor, or one ple, and after his Death a Stranger abateth who is to live upon fuch an AJJized Allowance And it is good as well againft the Abator, as any Hence to Size, i. e. to match Cloths, Silks, &>c. other in Pofleflion. How this may be extended, fee BraB lib. 4. trait. 3. per totum. Brit. cap. 70. or to gdt fome of the fame AJfize or Proportion Hence Size for Height and Stature. Sizdy in the Fttz. Nat. Brev. fol. 114. Reg. Orig. fol. 223. This the Civilians call Judicium Poffejponem adiNorth is proud and coy. aiffifa pJOiOganDa is a Writ dire&cd to the of AJJife, to ftay proceeding by Reafon of flffift of TBarrcin ^^ffentmfnf, AJpfa ultimo Juftices the King's Bufinefs, wherein the Party is employ- pr&fentationis , lies where I or my Anceftor have ed. prefented a Clerk to a Church, and after the Reg. of Writs, fol. 208, > 221. of the French AJfife, which in Church being void by his Death, or otherwife, a 3tfTi3f, Cometh the Grand Cuftomary of Normandy, ca. 24. is thus Stranger prelcnts his Clerk to the fame Church in defined. AJJize is an Aflembly of Knights, and Disturbance of me : And how otherwife this Writ other fubftantial Men, with the Bailiff, or Ju- is ufed, fee BraB. lib. 4. traB. 2. Reg. Orig. fol.
fo doubtful, that
it
: : :

where the Thing

p devoyent aleer, karier cbafeerfeerfus le Marcheo de Raylee,/aj nul dijlurbance en un chemin Martinflane ke fe ejtent de le meafon Ade kejt appelle Martin deskes au chemin kejt appellee <25^unlJ)Efaff fo pur moy GJ mes heires voile Qp graunt a lavandit Hawife a fes heires a fes avantdits tenants de

&

&

&

ftice, in a certain Place, and at a certain Time appointed And again ca. 55. AJJize is a Court in Which, whatfoever is done, ought to have perThis Word is properly dcriv'd petual Strength. from the Latin Verb ajftdeo, to fit together Littleton in his Chapter of Rents faith, That it is
:

30.

F.N.

B.fol.

9 J.

of Novel Diffeiftn, Mort Dauncejlor, "Darrein Prafentment, and De Communia pajiune, were inftituted by Hen 2. in the Place of Duels: And
Affizes

Thefe

therefore Glanville tells us, That Magna Afllfa ejl Regale beneficium, dementia Principis de conplio proce-

jEt)uivocum,fettingdovjn thsee feveral Significations of it ; one, as it is taken for a Writ ; another, as it is ufed for a fury ; the Third, as for an Ordinance. AJpze then is taken for a Writ directed to the Sheriff, for the Recovery of the Pofleflion of

rum

populis indultum, in

quo vit* hominum

&'flatus
2.

integritati tarn falubriter confulitur ,ut in jure, quod quit in libero fill tenemento pojjidet, retinendo, duelli cafum

homines declinare
cap. 7. Slflife

poffunt

ambiguum, &Pc. Lib.

or his De Ufrum, Lieth for a Parfon aAnceftors, have been dijfeized. And this is as gainft a Layman, or a Layman againft a Parfon, well of Things Corporeal, as Right Incorporeal, for Land or Tenement, doubtful whether it be being of four Sorts, as here follow in Order. Lay-fee, or Freealms. And of this, fee BraB. The Reafon 3KTl3e Of iRobel iffeiftn, AJpfa Nov* Diffeiftn*, lib. 4. traB. J. cap. 1. Brit. cap. 95. lies where a Tenant in Fee-umple, Fee-tail, or why thefe Writs be called AJfifes, may be divers. for Term of Life, is lately diffcifed of his Lands Firft, becaufe they fettle the Pofleflion, and fo or Tenements, or elfe of a Rent-fervice, Rent- an outward Right in him that obtaincth by them. feck, or Rent-charge, of Common of Pafture, of Secondly, they were originally executedat a ceran Office, of a Toll, Tronage, Paffage, Pawn- tain Time and Place formerly appointed. For by age, or for a Nufance levied, and divers other the Norman Law, the Time and Place muft be fuch like ; for Confirmation whereof, you may known 40 Days before the fate upon them :

Things immoveable, whereof any one,

read Glanvile,
2

lib.

10. cap. 2. Bract,

70.

lib.

4. trait. 1.
fol.

And by our Laws likewifc

J-uJlice

per totum, Britton, cap.

&>

feq.

Reg. Orig.

there muft be 1 5 Days of Preparation, except they be tried in the ftanding

Cour f s

ASS
Courts of the King at tVe/lminftcr, as appcarcth by F. N. B. fol. 177. Laftly, They may be called Afftfts, becaufc they arc tried moft cbmmonly by fpecial Courts, fet and appointed for that Purpofe, as ivuy well be proved, not only out of the but our Books alfo; which Cuftumary of Normandy, fhew, that in ancient Times, Juftices were appointed by fpecial Commifuon to difpatch Controverfics of Poflcffion, one or more, in this or that only County, as Occafions fell out, or Diffeifins were offered, and that as well in Termtime as out of Term Whereas, of later Days
:

ASS
de viclneto, 6fr. videre tenenentum iffud,
fc5*

nomina

eomm
ti

imbreviari,

e* quod fummoneat

tos per bonis

is

fammonitionet, quod fiat coram Jufticiarils, GFc.farahide facere recognitionem,

cffclfi,

&c. This

(.to

(peak

fhortcr) Metonymia

for they arc call<-d the

AJftfei, becaufc they arc fummoncd by Virtue of the Writ fo called. And yet the Jury fummoned upon a Writ of Right, is likewile called the Afit be not an but is lb termed ftfe ; though Afftfe,

this Si^nifi Ktt'i^piif/xaiv, or abufivcly. Afftfe in cation, is divided into Magnam, tamam, Glanv. lib. 2. cap. 6, 7, &>c. Brit. cap. it. where

&

&

it appcarcth, wherein the Great Afftve difforath and of Nifi from the Petit Afftxjt. The former four Kind* of are difpatchtall at one Time, by two feve- Afftfes ufed in Aftions only Pofleffory, arc called prius, ral Circuits in the Year, out of Term, and by Petit Afftfes, in refpeS or the Grand Afftfe ; ror fuch as have the greatcft Sway of Jufticc, being t\jp Law of Fees is grounded upon two Rights And as all of them cither the King's Ordinary Juftices of one of Poflcflion, the other of Property. his Benches, Barons of the Exchequer, Serjeants the Grand Afftfe fcrvcth for the Right of Properof the Law, and fuch like; concerning which, ty, To the Petit Afftfe ferveth for the Right of de Nohear the Learned Lord Verulam in his Ufe of the PofTeffion. Horn's Mirror of lib. 1. cap.
all

we Ice that of Oyer and

thefc Commijftons o/Aflifcs, of Eyre,

Gaol-delivery,

Terminer, of

13. ad. 31. All the Counties of this into fix Circuits, and two

Law,

fol-

vel Dijfeifin.

Afftfe

Jufi. in the third Signification, acLittleton, is

Realm (fays he) are

Aden learned
in the

divided

Law

cording to the fame

51

are

Statute, as the Statute

who afftgned by the King's Commiffton in every Circuit, ride twice a Tear thro' thofe Sbires allotted to that CirJudges of Aflife, who have five feveral Commijftons, by whi.h they fit. The firft is a Commiffton of Oyer and Terminer dircfted to them, and many others of the bed Account But in this Commiffion the in their Circuits. Judges of the Afftfe are of rhe Quorum, fo as without them* there can be no Proceedings. This Commiffiort gives them Power to deal with Treafons, Murders, and all Manner of Felonies and
cuit
;

H.

3. is

an Ordinance or of Bread and Ale, made termed The Ajfife of Bread and Ale,
ft*

Afsifa

Pants

tbefe

we

call Juftices, or

of Clarendon, Aflifa de Clarendon, whereby thofe that be accufed of any heinous Crime, and not able to purge themfelves by Fire and Water (perhaps Ordeal, Ordalium)b\\t muft abjure the Realm, had Liberty of 40 Days to ftay, and try what Succour they could get of their Friends,
Afftfe

The

Cervifia.

Reg. Orig.

fol.

279.

Mifdemcanors, and this is their largeft CommifThe ad is of Gaol- delivery, and that only to the Judges thcmfelvcs, and the Judges of the Afftfe aftbeiate; by this Commiffion they are to deal with every Prifoner in Gaol, for what Offence foever he be there: The third Commiffion is directed to themfelves only, and the Clerk of the Afftfe to take Afftfes, by which they are called and the Office of thefe Juftices, Juftices of Afftfe is to do Right upon Writs called Afftfe, brought before them by fuch as are wrongfully thruft out of their Lands. The fourth Ccmmiffion is to rake Nift prius, directed to none but the Judges Glanvile fpeaks. Lib. 3. cap. 10. in fine. Generaltr themfelves and their Clerks of Afftfes, by which ter verum eft quod de quolibet placito quod in comitate
fion.
;

towards their Suftenancc in Exile. Staundf. PK Cor. fol. 118. which he fecmcth to have taken out of Bract, lib. 3. trail, c. cap. 16. num. 2. See alfo Roger Hoveden, parte pofier. fuor, Annal. fol. 3 1 3. in Hen. Secnndo. Aflife Of tltf 5F0?fff, Afftfa de Porefta, Is a Statute or Condition, touching Orders to be obferved in the King's Porefi. Manwooi's Forcft Laws, part 1. p. 35. Cromp. in the Court of Juftices of the Foreft, per mum, fol. 146, &Pc. And the Affife <f the King, Anno 18 Ed. 1. Stat. I, called the StAnd thefe be caltutt for View of Frank-pledge; led Afftfes, becaufc they let down and appoint certain Meafure, Rate or Order in the T, tings they concern. Of Afftfe, in this Signification,

they are called Juftices of Nifi

is

prius.

The

fifth

deducitur
nit,

&

a Commiffioa of Peace in every County of their Circuit : And all the Juftices of Peace, having no lawful Impediment, are bound to be prefent as the Afftfes, to attend the Judges, as Occafion fhall fall out ; if any make Default, the Judges may let a Fine upon him at their Pleafurc and Difcrecions: The Sheriff of every Shire, is alfo to attend in Perfbn, or by a fiifficicnt Deputy, allowed by the Judges, who may fine him,
if

viicecomiti debetur

terminatur, mifericordia qua inde preveQua quanta fit, per nuUaitt

:

Aflifam generalem determinandum

eft

And

thus

much touching
well

L'tt/<*'s

Divifion.

But

if we

mark

the Writers of the

Afife

Law, we

fftall find this

he

fail,

&c. Sec more in Sir

fol.

Francis Bacon's

Ufe of the Law,

what

from what they now arc. the fecond Signification, according to Littleton, is ufed for a Jury ; for (to ufe his own Example") it is fet down in the Beginning of the Record of an Afftfe Navel Viffeiftn j as Afftfa Weft. of
different
41fTtfr, in

13 to a I. This excellent Conftinuion of the Judges Circuits and Afftfes was begun by Hen. 1. anno 1 1 70", though fomc-

he {.Littlefometimes ufed for the ton) Meafure or Quantity it felf, (and that per Metonymiam effeRi) becaufe it is the very Scantling de(cribed or commanded by the Ordinance ; as we is of fuch Price, then the fay, when Wheat, &>c. dv. fhall be of fuch Afftfe. This word is Bread, further taken for the whole Procef* in Court, Upon the Writ of Afftfe, or for fowe Pan thereof, For Exam 1 as the Iffue or Verdict of the Jury &c. lhall not be tapie, Afftfes of Novel Difeifin^ ken, but in their Shires, and after this MnnV &>c. Mag. Chart, c. 12. and fo it leems to figni/y.

Word

more

diverfly ufed, than

it is

hath noted.

For

2. cap.

25. 13 Ed.

1.

in thefe

Words

Let

venit recognitura, which is as much as to fay, ratores veniunt recognitUri : And the Reafon

the Ju- the Dijfeifor ajledge eo faife Exceptiotli, whereby And 34 why tatting of the Affifcs may be deferred, c*r. the Jury is called" an Afftfe, he givcth to be this',! 1. Stat.'*, if it be found by Afftfe;. the Afftfe it becaufe by a VI tit.of Afftfe, \ he Sheriff is command- arrained, to aver by the Ajfife, the Afftfe by thtir Dethem. And alfo I H-6. ed, Quod faciat duodecim liberes legates homines fault fliaU pals againft t. A. Aj1 F

&

c.

2.

Qpe.

the Aflixe, &c. And Glanvile calleth it Magnam Aflilam Domini Regis, qu ex duodecim ad minus legalittm hominum Sacramentis conjijlit, lib. 2. cap. 7. cation Ajjife is general ; as when the Jnftices go Brail, ufcth it in like Sort, as Aflifa cadit in tranf- their feveral Circuits, every Couple with their grejjionem. Id. c. 30. &P aflifa cadit in perambulatio- Commiflion, to take all Ajjifes twice in the Year, nem. Id. c. 31. num. 2. Fleta define th an Ajji/e in which is called the General for he that
Certified by the Aflizc,

Ajpzes awarded by Default of the Tenants, Laftly, by Merton, cap. 4. an. 20. H. 3.

Writ

to recover

Damages, which

is

called Ajjife

Quit by

in

this Signification

Damages, as alfo the whole Procefs. Ajjift is further taken for the Court, Place or Tunc, when and where the Writs and Procefles of the And in this SignifiAjjife be handled or taken.
to recover

Ajftfes,

fpeaketh of any Thing done at that Time, and in quxdam recognitio duodecim hominum juratorum, per that Place, will commonly fay, It was done at quam Jufiitiarii certiorantur de articulis in brevi con- the General Ajftfes. It may likewife be fpecial in this And Ajjize alfo thus fignifying, is faid Signification, (as if a Special Commiflion fhoulJ tends. fometimes to pafs, per modum aflifa, and fometimes be granted to certain Perfons as in ancient Times in modum jurat* : In manner of an Ajjize, when they often were, Braft. lib. 3. cap. 11. in fine) for only the Dffeiftn in Queftion, is put to the Trial taking an Ajjife upon one Diflcifin or two ; any of the Twelve ; in manner of a fury, when any Thing done in the Court before them, a Man Exception is objected, to difable the Intereft of will fay was done at fuch Special Ajfife. And in the Diffeifee, and is put to be tried by the Twelve, this Signification Glanvile ufeth it, Lib. 9. cap. 12. before the Ajjife can pals : As for Example, Qu*- in thefe Words, Si contra Dominum fuum, Qp non
this Signification, thus, Aflifa in jure pujfejforio, efl
fiio flatus,
'jive

infra aflifam, tunc difiringitur ipfe occupator, SPc. And 13. cap. 32. Skene, de verbor. Sig. Tit. Afhath five tranfaBio vel quieta clamati, vel remijfio, confirmatio \fife, faith, That in Scotland this

caufa fuccejfionis, caufa donationis, conditio vel conventio, voluntas dijfimulatio,

&

paBum

lib.

M.

Word

five confenfus, propria

ufurpatio rei propria, dijficultas Significations

judicii,jufium Judicium, finis, Chitographum, intrujio in rem alienam vel dijfeijina, ji incontinenter rejiciatur,
negligentia qutc per tranfitum temporis excludit a&ionem. read alfo to this Fleta, lib. 10. fed. 1.

Words, An

touching the Fifth, he hath thefe Ajfife is called a certain Number of

;

The firft is Ajfife at large, which is tafol. 105. 3lttl(0Z8, Ajftfores, funt qui aflifas condunt, aut ken as well upon other Points, as upon the Dif- taxationes imponunt, faith Spelman. In Scotland, acto Skene, they are the fame with our feifiti, v. g. where an Infant bringcth an Ajfife, cording and the Deed of his Anceftor is pleaded, where- Jurors, and their Oath is this : by he claimeth his Right, or founded his Title, then the Ajfife lhall be taken at large ; that is, We jhali leil fuith fay, the Jury fhall enquire not only whether the And nafuith conceal, far na thing <we may, Plaintiff were difleifed or not by the Tenant, but So far as ive are charg'd upon this Aflife, alio of thefe two Points, viz.. Whether his AnceBe God himfelf, and be our Part in Paradife. ftor were of full Age, of good Memory, and out And as ive will anfwer to God, upon The dreadful Day of Dome. ofPrifon, when he made the Deed pleaded. Another Example out of Kitch. fol. 66. The Tenant 3iffifUflf, Difmiffed or farmed out for fuch an pleaded a Foreign Rcleafe in Bar to an Ajjife, or Prowhereupon the Caufe was adjourned: At the Day Ajfje, or certain affeffed Rent in
the Tenant makcth Default, therefore the Ajjife was taken at large, that is, not only whether the Plaintiff was difleifed, but alfo whether there be any Foreign Relcafc. A third Example you

lawfully fummoned, received, fworn, and admitted, to judge and difcern in divers Civil Whom Caufes, &>c. whereof there be two Kinds ; Point, cap. li.feft. Si autem a Domino : And at one ordinarily in Ufe, which may be called a large, cap. 16. ejufd. lib. gP lib. 5. cap. 6. felt. Item Little Ajjife, of the Number of thirteen or fifteen And note, That Ajjife in this Signi- Perfons ; the other, a Great Ajjife, confifting of vertitur aflifa. fication is taken four Ways. Fitz, Old Nat. Brev. twenty-five Perfons, &>c.

Men,

Money

read in Littleton, cap. Efiates upon Condition. fecond manner of Ajjife in Point of Ajjife, (Aflifa in modum Affifae) which is, when the Tenant, as it were, fetting Foot to Foot with the

may The

Demandant,without farther Circumftance, pleaded dire&ly to the Writ, no Wrong, no Dijfeifin. The third Manner is, Ajjife out of the Point of
Aflifam, vel in modum jurata,) when the Tenant alledgeth fbme by Exception, that muft be tried by a Jury, before the prinAjfife (Aflifa extra

vifions. Terra Ajjifa, was commonly oppofed to Terra Dominica: This laft being held in Demaine, and occupied by the Lord ; the other let out to inferiour Tenants. So among the Lands of the Knights Templars, belonging to their Preceptory ofSandfird, Com. Oxon. Apud Covele de, dono M*tildis Reginx habentur quatuor hidd, quarum du& funt in Dominico, &P dug. aflifa; ab Hominibus, apud Meritone dux in Dominico, Qp auinque aflifa; ab Hominibus. Mr. Kennet's Paroch. Antiq. p. 141. Hence Redditus aflifus, the fet or ftanding Rent. Sunt

viz.

cipal Caufe can proceed ; as if he plead a Foreign Releafe, or Foreign Matter triable in a Foreign County. For in this Cafe, the Juftices refer the Record to the Court of Common Pleas, for the Trial of the Foreign Plea, before the Difleifincan come to be difcufled. Of this Sort, read divers Examples in Brail, lib. 4. 1. cap.
part.

ibidem de reddito aflifo xl s. Ibid. Summa p. 314. reddituum afliforum de manerio; Hence to p. 355. ajfefs or allot the Proportion and Rates in Taxes

dum deliBum folvitur. 31ffnafare, From the

It fignifies to

and Payments, by Afejfors in AJfejfments. ^IfJRtljmenf, A Wiregeld or Compenfation by a pecuniary Mult From the Prepofition Ad, and the Sax. Dithe, Vice : Quod vice fupplicii ad expian:

Sax. Afnafan, impingere

carry his Pike fo carelefly that a The Fourth and laft Man- Man is killed with it, Si quis 34. &> Britt. ca. 52. hafiam humero gefianer is, Ajftfe of Right of Damages ; and that is, rit in quam alius forte fort una impegerit, equum ejfe when the Tenant confeflcth an Oujler, and refcr- videtur capitis xfiimationem fine omni mulila ei impeing it to a Demurrer in Law, whether it were rare. Si autem oculos Leges Alfred, cap. 39. rightly done or not, is adjudged to have done aflhaffct, reddat Weram ejus, &c. cap. 38. See wrong; for then fhall the Demandant have a Pojfibilitas.

Is a Patent fent by the Aftro fuo in 31ffOtiation, AJfociatio, quo natus fuit, eo quod feipfum eUngavt* King, either of his own Motion, or at the Suit de Aftro pradiBo. Placit. HilUr. iH Ed. I. V,Uam, of the Plaintiff, to Juftices appointed to -akc autem in veteribus aftris fuis commorantibus non cornAfTlfcs of Novel Dijfeifin, or of Oyer and Terminer, petit bujufmodi remedium. Fleta lib. 2. cap. 1. parag, Hfc. to rake others unto them as Fellows and 8. de Nativis.

have been a Hand-dart, from Sax. Aeton, to fling or throw, and gar, a Weapon. Spelman. 4)tl), 41ttia, atfff, an Oath. 3ltl)ftf, Jnaa, A Power or Privilege of exaQing and adminiftring an Oath, in fomc Cafes of ProRegifi. Orlg. fol. 201, 102, 20$, 206, 207, 223, 224. perty and Right. From the Saxon Atb, Jura3UT0iIr, (Abfolvere) Signifies to deliver, or fet mentum, Oath. Among the Privileges granted by free from an Excommunication. Staundf. PI. Cor. Hen. 2. to the Monks of Habeat Glafienbury, lib. 2. cap. 18. fol. 71. b. whole Words are to this quoque eadem Ecclefia Socam Qp Sacam on Stronde and Eftcft, othcrwifc the Defendant flioul J remain in on Streme, on Wode, and on Feld, on Grithbr'abe, on
burb-bricbe. Adaa, Ortelas, Eallehordas, Sfc. the fame Privilege called Othes in another Charter to 1 H. 4. Abbas Conventus babeant cap. 10. Mention being made of KingErf- the fame Abbey, ward III. it is added, Whom God ajfoyle. Henric hundred Seine, Othes and Ordles, Ealle, Twidus, Due de Count de Leiceflre, de Derby &> de &c. Cartular. Abbat GJafton. MS. f. r* 37. Lancajlre, Nicole, Senefcal Dengletre, A touts ceux que cefie enAttlftftuar, an Hoggard, or one who looks af;

Colleagues in that Bufincfs. As if the King makes three Juftices of Aflizc, and afterwards one of them dies, there the King may grant a Patent of Affociathn to another, to affociate him to the two, in Place of him that is dead, and a Writ which mall be clofe, directed to the two juftices that arc alive to admit him. F. N. B. 18 J. ft in. The Examples, and fundry Ufes hereof, may be found in fcvcral Places, but particularly in

A Sort of Weapon among the Saxons. Wigorn.fub. an. 1040. and from him, Hove Jon In fub eodem anno, manuftnifira dipeum,
ftfrflar,
Flor,

umbo

cujus clavique erant deaurati, in dextra lane earn, qu< It feenn to lingua Anglorum Ategar appellatur.

Prifon, till the Plaintiff were ajfcyled, that is, delivered from his Excommunication. So that in

&

&

See Odio &> Atia. i. e. Utenfils or Country-Implements ces en Salford en nofire Duchee de Lancajlre les quels Remaneant duo equi careBari cum careBa, & triginta il avoit a a fes Heirs du don &P Feofment nofire fex boves cum quatuor carucis &P atiliis. luy Qp tres bonore Seigneur &P 21 1 largf, Ad largum. See Verdict at large. Lit. pere, que Dieu affoilc, &c. Dat. 30 Edw. 3. penes Wal. Kirkham Blount. fol. 98. To vouch at large. Old. Nat. Brev. fol.
chire
coufin
eit

denture verront ou orront falut en Dieu, 6> bien ame John de Blount

Come
en

nojlre

ter Hogs.
4ltia.
31tilia,

nofirt

main renduz

feijfaunte acres de terre ov les appurtenan-

Bar.

08.

To make

To ajfotte a Woman, that is, to be mad after a Woman. e. The 2lffU!tiption, Day of the Death of a
3lffortf,
i.

Title at large.

JGuhin,

fol.

68.

Sec Bar.
treuatfi, Berkshire. Jftrium, fignifies a Court before a Houfe, and

Saint, fo called,
tur.

Du

Quia ejus anima

in caelum

alTumi-

fometimes a Church-yard.
3Httart)f, Attacbiare

Cangc.
clara dies, Regin*
adefi.

Cometh from

tacher;

that

is,

Tandem

adfumptio

cecils,

Regi parentis
HfflimpCf,

ment thefe Words, (Pracipimus tibi quod attachics talem c^ habeas eum coram nobis, &c.) Whereby it appears, That he which arrcfleth, carrieih (or ought to carry) the Party arretted to a Perfon of Higher Power to be difpofed of forthwith ; he that attachetb, keepeth the Party attached, and prcfents him in Court at the Day alTigncd. Yet we may Dicitur ille cut antecejfor in take Notice, That an Attachment iflued out of a 3l(lrar!U $Jae"es. Co. Inft. Court- Baron, which is an Inferior Court. Kiubin, vita fua per cartam bareditatem refiituit. De Aftro Aftrario, vid. Sei- Attachment in Court-Baron, fol 79. Another Difp. I. f. 8. b. dell Notes on Hengham, p. 130. ference there is, that an Arreft only lies upon a Saxon Word, the Body of a Man, but an Attachment <DQnl)iltl)f, or 2tttrah\lther, Is chiefly and denotes, fay LL. Divi Edwardi, cap. 30. Hi upon his Goods : And this alio makes it difof a Eoqui pacem Regis babent, vel manu vel brevi, &fc. Qui fer from a Capias, which lays hold

a voluntary Promife made by affumetb, or takcth upon him, to perform or pay any Thing unto another. This word included any verbal Promife made upon Consideration, which the Civilians cxprefs by divers Words, according to the Nature of the Promife ; calling it fomctimes Pactum, fometimes Sponjionem, fomctimes Promifionem, PoUicitationem, The Word is derived from the LaConftitutum. tin Verb and bears the Senfe of, He hath ajfumpjit, ajfumed upon, or undertaken. 4)1? Railage. Sec TrajeBum.
Is

Word, whereby a Man

apprehend by Commandment of a Writ or Precept ; Lamb, in his Eirenarch. lib. 1. c. 16. makes this Difference between an Arrefi, and an Attachment, that Arre/t proccedeth out of lower Courts, by Precept ;and an Attachment out of higher Courts, by Precept or Writ ; and that a Precept to arrcft hath thefe formal Words, (Duci facias,) and a Writ of Attach-

Common Law,

figere,
it

neBere, alligare fignifies to take or

the French atIn the

:

&

babet,per fuperbiam ali- dy, whereas a may be attached by an huncui iterum tantun- dred Sheep. Other Differences between a forisfecerit, damnum reflauret Capiat dem quod Angli vocant Aftrihilthet. See Hoveden. and Attachment, and a be thefe.

fmimis

confidens in pace

quam

&

Man

only

Difirefs,

may

pag. 606. 3l8ruttt,

not go out thence. SeFocus, Fornacula. condly, a Capias (be it the Grand Cape, or the Pe18 Ed. 1. Praceptum fuit Yicecom. quod replegiet corpus tit Cape) taketh hold of immoveable Things, as WiUielmi Jakes quod Ricardus de SanBo Valentio cepit Lands or Tenements, and properly belongs to Cf captum tenuit. Qui Ricardus venit &> advocat A&ions real, as may be gathered from their aptionem ut de VHlano fuo, & quod cepit ipfum in Forms, F N. B. whereas Attachment hath Place F 2 rather
fhall
.

from Afire-i a Chimney, a Sax. Hearth,

Houfe or Place of Habitation, which Spelman renders the Hearth of Goods, but a Capias

Firft, an Attachment differs from a Capias in a Court Baron, a may be attached

that
his

Man

by

BraB. lib. 4. trad. 4. within fuch Precincts or Liberties committed to rather in perfonal Actions. num. 5. See Skene, de verbor. Sign. Tit. At- their Charge. So John Fitz Nygel, Forefter of Debet habere feodum in tachiamentum. In the next Place, an Attachment Bemwood, A. D. 123a
cap. j.

Attachiamentum de differs from a Difirefs. Kitch. fol. 78. holds, That Bofco Domini Regis ; videlicet the Procefs in a Court-Baron, is Summons, Attach- Spinis, de Bofco fuo, & de Bofco qui vento proftituiment and Difirefs. Old. Nat. Brey. fol. 27. That tur. Paroch. Antiq. p. 209. attachment Of |5?ltoltea,e,Is by Virtue of a Man's the Procefs in a Quare Impedit, is Summons, AtAnd fol. 28. fpeaking Privilege, to call another into that Court wheretachment, and one Difirefs. of the Writ Ne admittas, faith, The Procefs is unto himfelf belongeth, and in refpect whereof one Prohibition, and upon that Attachment and he is privileged, to anfwer fome Actipn. New And fol. 32. in a Writ of Indicavit, after Book of Entries, verb. Privilege, fol. 431. Difirefs. There is alfo a Foreign Attachment, which is of the Attachment returned, the Difirefs fhall go out BraBon on the o- a Foreigner's Goods or Money found in fome Liof the Rolls of the Juftices. ther Side. Lib. 5. traB. 3. cap. 4. num. 2. thinks, berty or City, to fatisfy fome Creditor of his that Attachiamentum magnum Cape, funt Difiri- within fuch Liberty or City. And by the Cuftom attach Money or Goods in iliones ; wherewith agrees Fleta, lib. 5. cap. 24. but of London, a Man may with this Diftinction, that Attachiamentum eji di- the Hand of a Stranger, while he is within their realis. Liberty. As if A. owes B. ten Pounds. B. may Cape magnum difiriftio ftriBio perfonalis, the whole Matter, there are but two attach this ten Pounds in the Hands of C. to fatifSo that

&

&

upon Differences between an Attachment and a Difirefs, fy himfelf for the Debt due from A. Calthorp's viz. That an Attachment reachcth not to Lands, as Rep. p. 66. There is alfo an Attachment of the Foreft, which a Difirefs doth ; and a Difirefs toucheth not the Bodoth. is one of the three Courts there held. Manwood, dy (being properly taken) as an Attachment The lower Court is called the Yet are they divers Times confounded, as appears p. 90, 99. lib. 10. Attachment ; the Middle one, the Swainmote the by the fore-mentioned Places and Glanv. and Beta, lib. 2. cap. 66. But to conclude Higheft, the Juftice in Eyre's Seat. The Court of 3. cap. In common Acceptation of Law, an Attachment Attachment feemeth to be fo called, becaufe the therein no other Auis an Apprehenfion of a Man by his Body, to Verderors of the Foreft have him to anfwer the Action of the Plaintiff. thority, but to receive the Attachments of Offenbring A Difirefs is the Taking Goods, for fome real ders againft Vert and Venifon, taJfen by the reft of Caufc, as Rent, grv. wheieby to force him to the Officers, and to enroll them, that they may and fo become Plaintiff in an Action of be prefented and punifhed at the next Juftice Seat. Replevy, that diftrained him. There is Manwood, Part 1. pag. 93. And this Attaching is Trcipafs againft him alfo an Attachment out of Chancery, and may be had by three Means ; 1. By Goods and Chattels. 2. By of Courfe upon Affidavit made of the Service of the Body, Pledges and Mainprife. 3. By the Boa Subpoena, and the Defendant's not appearing, or dy only. This Court is kept every forty Days. For the clfe it iffues upon not performing fome Order or See Crompton in his Court of the Foreft. Decree And they are of two Sorts ; one Simple, Diverfity of Attachments, fee Reg. Orig. verba Atwhich is before-mentioned, originally fent out for tachiamentum, in Indies. ReAttaint, AttinBa, Is ufed for a Writ that lieth Apprehenfion of the Party The other, after

&

the Sheriff, Quod Defendens non eft inventus in Balliva fua, withProclamation made through the whole County, that the Party appear by a Day affigned.and that he be attached neverthelefs,if he may be found. This fecond Kind hath an Affinity with the Canonifts, {viis &> modis) at which if the Party appear not, he is excommunicate ; and with the Civilians, Vtis 6f modis, una cum intimatione ; for if in the Chancery he come

turn

made by

the New Eook of Entries, fol. 84. Col. 1. The Reafon why it is lb called, feemeth to be, becaufe the Party that fueth it out, endeavourcth thereby to ftain the Jury with Perjury, by whofe Vernot in upon this Attachment, with Proclamation, dict he is grieved, whofe Punifhment by the Coma Writ of Rebellion iffues forthwith. Weft. 2. Part, mon Law confifteth in thefe Particulars : 1. Quod

Judgment, againft a Jury, that hath given a any Court of Record, be the Action real or perfonal, if the Debt or Damages amount to above the Sum of forty Shillings. For the Form and Ufe of it, fee F. N. B. fol. 105. and
after
falfe Verdict in

Tit. Proceedings in Chancery. amittat liberam Legem in perpetuum, He fhall never Symboleog. As to the Word Attacher, to attach or take in- be received as Witnefs, or admitted a Juror, &>c. to Cuftody, the Learned Du Frefne fuppofes it de- 2. Quod forisfaciat omnia bona fua &> catalla. 3. Quod rived from the old Gallic Tafcu, Tafchia, the terra& tenement* in manus Domini Regis capiantur.

from the Brittilh 4. Quod uxores &> liberi extra domus fuas ejicerentur. ; Tafyd, Collector of the Tribute, 5. Quod domus fua profternentur. 6. Quod arbores (whence our Tafque or impofed Duty, a Tafquer, fua proflementur. 7. Quod prata fua arentur. 8. Quod or Day-Labourer, a Tafque-mafter, &=*.) So as corpora fua career! manctpentur : But if it pals againft attacher was no more at firft than to gather Rent, him who brought the Attaint, he fhall be imprior collect Tribute, and upon Refufal, to take it by fbned and gnevoufly ranfomed at the King's Will. See Co. on Lit. lib. 3. cap. 8. feff. 514. Force, as a Debt and Forfeiture, &V 2Jttact)iamenta hono^um, A Diftrefs taken See alfo Glanvile, lib. 2. c. 19. Fitz. Nat. Brev. fol. upon the Goods or Chattels of any, fued for per- 109, 110. Termes de Ley, verb. Attaint. Fortefcue, And fonal Eftate or Debt, by the legal Attachiatores or c. 2 6". Smith de Rep. Anglor. lib. 3. cap. 2. It 1 1 H. 7. cap 21 & 23 H. 8. cap. 3. It is a SubBailiffs, as a Security to anfwer the Action. was a Privilege granted to the Abbat and Con- ftantive made of the French {atteindre) i. e. ajfevent of Ofeney, to have the Attachments of the qui, vel attingere, becaufe he is caught and overGoods of their Tenants quit-claimed or releafed, taken ; or rather of the French {teindre) in Latin ( tingere ) to Stain, Die, or Colour, or give fipf. See Paroch. Antiq. p. 10 6\ aittacljiamenta De g>pinifl % ISofco.The Privi- a Tincture Uncle Gallice Teint, Lat. Tm&us, as, lege granted to the Officers of a Foreft to take we in Englifh fay attainted, or tainted of Treafen ; to their own Ufe Thorns, Brufh, and Wind-fall, that is, ftained. In what Diverfity of Cafes this
Tafc, Tribute
;
.
:

Rent of Land or Tenement

Writ

ATT
:

ATT

How far the Tenure of Gavelkind falvcs in fucli Writ it brought, fee Reg. of Writs, in indict. It was anciently called De Brtvi ConviBione: Sec Cafe, we will not difputc, only fct down what Tenants in that kind have Co. Lit. f. 294. b. among thcmfclve* as a AttinBus, Is ufed in our Common Maxim, viz.. aittaintCf, Law, particularly for fuch as are found Guilty The Father to the Bough, of fomc Crime or Otfence, elpcciully Felony or Howbcit a Man is faid to be attainted The Son to the Plough. Treafon of Diflcifin. Weft. I. cap. 24, & 26. an. 3 Ed. 1. and fo the French ufc it, as, Eftre attaint fc> But many of thofe Tenures arc within the Uft that is, to be cart in any Century altered by Statute ; the Reafons wherevayncu en afun cafe; Caufe. A Man is attainted by two Means by of are not to our Purpofe here. PI. Cor. fol. The Inhabitants and Miners of 3ftal>fareftn. Appearance, or by Procefs. Staundf. is by Confeflion, Carnival, call an old defcrted Mine that is 44. Attainder by Appearance, given by Battle, or by Verdict. Id. fol. 122. ConfeJJion, oyer by this Name of Altai farifin, i. e. the Leawhereof Attaint growcth, is double One at the vings of the Sarafins, or Sajjins, or Saxons. Sec Pelf. Bar before the Judges, when the Prifoner upon 3K-riHliiatU0. his Indictment read, being asked whether Guilty 2Btreui.i, a little Houfc, from the Lat. Adttgenor Not guilty, anfwers, Guilty, never putting him- do. 'Tis mentioned in Ethelwerd lib. 4. Rift. AnglU,
; :

fclfupon his Country; the other is, before the Coroner in Sanctuary, where he was in former

viz. Pellunt
pido.

ingenuos paffim, Attegias ftgunt in Op-

Times upon his Confeflion, conftrained to abjure the Realm ; and therefore this Kind of Attaint was culled Attainder by Abjuration. Id. fol. 182. Attainted by Battle, is, when the Party appealed by another, and chufing to try the Truth by ComId. fol. bat, rather than by Jury, is vanquifhed. Attainder by Verdict, is, when the Prifoner at 44. the Bar, anfwcrlng to the Indictment, Not guilty, had an Enqueft of Life and Death parting upon him, and is by their Verdict found Guilty. Id. fol. called 108, dP 192. Attainder by Procefs, othcrwife or Utlary, is, where a Party Attainder Default,
by
flieth,

JBttfllOanf, Attendens, Signifies

one that oweth

a Duty or Service to another, or after a Sort de-

pendcth on another. For Example ; There is a Lord, Mefne, and Tenant ; the Tenant holdeth of the Mefne by a Penny, the Mefne holdeth over by two Pence The Mefne relcafeth to the Tenant all the Right he hath in the Land, and the Tenant dicth ; his Wife fhall be endowed of the Land, and fhe /hall be Attendant to the Heir of the third Part of the Penny, not of the third Part of the two Pence for flic fhall be endowed of the belt Pofleffion of her Husband. And Kit. bin, fol.
: ;

not found, until he have been, five 109. faith, That where the Wife is endowed by in the County, and at the Guardian, fhe fhall be Attendant to the Guarlart Outlawed upon his Default, pronounced or dian, and to the Heir at his full Age ; with whom returned Outlawed. Id. fol. 44. The fame Au- agrees Perkins in Dower, 424. Srtermining, thor, fol. 10S. makes a Difference between AttainAlfa fuch as -will punhafa At And with this agrees the Stat. termining of their Debts, fhall be fent into the Excheder and ConviBion. &= 35 H. 6. tap. 14. I E. 6. cap. 12. in thelc quer. Ordinatio dt libertatibus Anno

and

is

Times publickly called

34

Words; That then every fuch Offender being 27 Ed. 1. It comes from the French attermine, i. e. thereof duly convicted or attainted by the Laws that hath a Time or Term granted for the Payof this Realm, Qpc. Add hereto z &P i Ed. 6. cap. ment of a Debt. So in this Statute, it fecms to
-66- faith, a by our an- fignify the Purchafing or Gaining a longer Time faid to be convicted prefently for Payment of a Debt. Atterminent querentes ufq; upon the Verdict {Guilty) but not to be attainted, in proximum Parliamentum. Weftm. 2. cap 24. Horfe with bis Gecrs, it till Sttilatug CfquUiS, appeared he was no Clerk ; or being a of the Cart or Clerk, and demanded of his Ordinary, could or Harncfs on, for the

perquirendis.

33.

And

Staundf

fol.

Man

cient

Laws, was

Work

appeareth, That Plough. The Rigging Attainder is larger than ConviBion, Conviction being 4irnlr, Attilium, Attilamentum, : And Attainder is not before of a Ship. Precipimus Henrico de Foviiek &> only by the Jury Yet it Liu* de Batentort, quod qundam buna c mercimonia Judgment. Perkins, Grants, rtu. 27, 19. by Staundford, fol. 9. That Conviction is quorundam Mercatorum de Zealand, Naves Qfi Atfiappears Memofomctimes called Attainder ; for there he fays, lia, occafione quarundam tranfgrefsionum The Verdict of the Jury does either acquit or at- rand, in Scat. Mich. 4 Ed. I. Mynard'* Year Book. taint a Man : And fo it is in Wejlm. 1. c. 14. and Prtteptum fuit Baronibus quod fine dilalikewife in many ancient Writers. Et fi ouis aliter tione reparari faciant unam Navem cum Attilio de1 attain- cent) in London. Ibid . Trin. 24 Ed. 1. de hoc conviBus fuerit Hence quant fie fecerit, Du Frcfne. Briton fol. 7 5. Atilia was ufed likewife for the Tools and Implein carcere. tus, ponatur WiUielmus Primas Eboraufes the Participle attaint in the Senfe we fay at- ments of Husbandry This ancient Law touching the cenfis vult, ut remaneant in Balliva Chirchedon 2 tainted unto. ;6 boves cum 4 carucis Purgation and Conviction of Clerks, is altered equi careBarii, cum careBa by 23 Eliz.. cap. 2. as you may read further in &> Atiliis, An. D. 1283. Ex Regiftr. Will. Wick-

not purge himfelf

whereby

it

&

&

&
f.

Clergy.

wane Archicp. Ebor. MS.

French now
Inftrumcnts.

46.

The Word

ABile,

3Ktatn0er, attinBa, and attinBura, Is when a Man hath committed Felony or Treafon, and after Conviction Judgment is parted upon him. The Children of a Perfon attainted of Treafon, cannot be Heirs to him, r any other Anceftor And if he were Noble and Gentile before, thereby his Pofterity are degraded, and made Bafc ; and this Corruption of Blood cannot be falved, bur by an Act of Parliament. See Attaint, attainted, and
:

for Military Harnefs in the Stat, of Rob. 1.

or Accoutrements, occurs King of Scots, cap. 27- The ufe the Word Outils, for any Sort of

3rtiIIamfnfum, "Furniture or Tackle.

Tis

me^ioned
i.

in Fleta,

lib.

I. tap.

25. par. 9. BateUus,

e.

in Lib. 2. tap. 85. Wrifrng fairt pbahras, Attillaracnta,

(the Boat,) cuny<mhi onere & Attillamento. So of a Carter, viz. Ejus eft &t. CareBis apptttditi*.

Felony.

St.

which a

Wapentake, make an Attorney to appear for him, whom he doubteth, whether the Sheriff or Bailiff will admit, or not, purchafeth to command him to receive fucha Man for his Attorney, and admit his
Appearance by him.

the Glofs faith, That Atturnati diaittoinato facienDo toel recipieiiOo, Is a Writ, fexto, where Man owing Suit to a County, Hundred, cuntur Procuratores, apud affa conftituti : Our old or other Court, and defiring to Latin Word for it, fcems to be Refponfalis Brail,

The Form

thereof,

And fo it is in lib. J. part. 2. cap. 8. 4. 31. Scotland at this Day, but efpecially for the DefenSkene de verb, fignif. Refponfalis, as dant'* Attorney. in his firft Book, pag. 11. De Sigonius witneffeth fee Regno halt*, was in ancient Time the Title of the
lib.

&

F.N.

Attorn or Turn over Attorney of the Court of Wards and Liveries, Atin Curia Wardorum & Liberaturaney and Goods; *. e. to affign or appropriate tumatus Regis them to fome particular Ufe and Service. rum, was the third Officer in that Court ; at his attornavi ad unam Admiffion into the Office, he took an Oath beauos quidem quatuor folidos In conventu Ofeneinjl. Paroch. fore the Mailer of the faid Court, well and truly pietantiam faciendam to ferve the King, &>c. But the Court of Wards Antiq. p. 113. Vide Turn.

B.fol. 156.

3UtCtfnare rtm,

To

Mo

Pope's Ambaffador.

Word

31tto;nej>, Attumatus, Cometh of the Tourner, vertere. Thence cometh the

ticiple (tot/me) verfus, converfus, tive {tour) vie ; as Chafcun a fon tour, Quilibetfua in a legal Acceptation, one apIt vice. fignifies

French and Liveries, being it felf taken away by the Stat. Par 1 2 Car. 2. cap. 24. this Office is gone, and thereand the Subftan- fore we will fay no more of it.

pointed by another
(lead,

Man

to

do any Thing

in his

as procurator or Syndkus in the Civil Law: Wefi.Symb. Tart, l.lib. 2. felt. 550. defines them thus, Attornies be fuch Pcrfons, as
is

and

as

much

by the Confent, Commandment or Requeftof an other, do take heed, fee to and take upon them the Charge of other Men's Bufinefs in their AbAnd it fcemeth that in ancient Time, fencc. thofe of Authority in Courts, had it in their Pow er, whether they would fuffer Men to appear
or fue by any other than themfelves ; as it is ein the Writ Dedimus vident by F. N. B.fol. 2 J. de Atturnato faciendo, where it appears, Poteftatem that Men were forced to procure the King s Writs, or Letters Patent, to appoint Attornies for them; but fincc that, it is provided by feveral Statutes, that it Ihould be lawful fo to do without any fuch Matter, as 20 H. 3. cap. 10. 6 E. i.eap, 8. 27 E. 1. Stat. 2. 12 E. 2. 1. 15E. 2. cap.

Attorney of the Court of the Dutchy of Lancafter, Atturnatus Curia Ducatus Lancaftris, Is the fecond Officer in that Court, and fecmeth for his Skill in Law, to be there placed as Afleffor to the Chancellor of that Court, being for the moft Part fome Honourable Perfon, and chofen rather for fome fpecial Truft repofed in him, to deal between the King and nis Tenants, than for any great Learning; as was ufual with Emperors of Rome, in the Choice of their Magiftrates. 3ttt0?ntnenf, Attornamentum, Signifies the Tenants Acknowledgment of a new Lord ; as when
is Tenant for Life, and he in Reverfion grants his Right to another, it is neceffary that the Tenant for Life agree thereto, which is called Attornment ; without which nothing paffes by the Grants ; for otherwife, he that buyeth any Lands or Tenements which are in the Occupation

one

of a Third, cannot get the Poffeffion. Yet fee 27 H. 8. cap. 16. The Words ufed in Attornment,
are fet

Vnho, 15 H.

R7.

cap.

14.
7.

H.
2.

4.

13.

down by

5.

1.

10, viz. / agree

to

6.

&> 17 H.

And you may

Littleton, lib. 3. cap. Attornment, the Grant made to you, &>c. or,

fee

more

great Diverfity of Writs in the Table of the Rewherein the King, by his Writ, Comgijier Orig. manded the Judges to admit of Attornies ; whereby there grew at the laft fo many unskilful Attornies, and fo many Mifchiefs by them, that Provision for reftraining

fame Grant,

ufually, Sir, I attorn to you by Force of the or, I become your Tenant, or elfe deli-

ver unto the Grantee a Penny by way of Attorn ment : You may in the fame Place fee divers other Cafes, whereunto Attornment appertaineth, and that it is the Tranfpofing thofe Duties the
to his

them was

fore anno 4. ca. 18. it was ordained, That the Juftices fliould examine them, and difplace the unskilful. And again, 33 H. 6. cap. 7. that there would be but a certain Number of them in In what Cafes at this Day a Norfolk and Suffolk.

4S

requifite.

Where- Tenant owed

and
alfo
is is

former Lord unto another,

Attornment

either by

Word, or by A&, &c.

Voluntary or Compulfory, by the Writ termed, Per qua fervitia, Old. Nat. Brev. fol. 155. Or fometimes by Diftrefs. F. B. fol. 1 47. Laft-

Man may
General
is

have an

Attorney,

and in what

fee Fitzh. ubifupra.

be made to the Lord himfelf, ly, Attornment may not, or to his Steward in Court. Kitchin, fol. 70. There is alfo Attornment in Deed, and Attornment in Law.

is either General or Special. Attorney Co. vol. 6. fo. 1 1 3. a Attornment in Law is an AS, he, that by general Authority is ap- which tho' it be no exprefs Attornment, yet in Inpointed to manage all our Affairs or Suits : As tendment of Law is all alone. the Attcrney General of the King, which is much $ttrap, from the Fr. Attrapper t comprendere. Unde as procurator Cafaris was in the Roman Empire. Angl. Trap. Attorney General of the Duke. Cromp. Jurifd. 105. ^toage, or #bl&ge, Is a Rent or Payment Attorney Special or Particular, is he that is imploy- which every Tenant of the Manor of Writtel in ed in one or more Caufes particularly fpecified. Effex, upon St. Leonard's Day, the 6"th of Novemh. Attornies General be made after two Sorts, ei- pays to the Lord, viz.. for every Pig not a Year ther by the King's Letters Patent, or by Appoint old, a Half-penny ; for every Yearling Pig, one ment before Juftices in Eyre in open Court. Glan Penny ; for every Hog above a Year old, TwoThere be pence, for the Privilege of Pawnage in the Lord's ville, lib. 11. cap. i. Button, cap. 126". alfo in refpeft of the divers Courts, Attornies at Woods.

Attorney,

or Attornies Special, belonging to this or mbatlt'toarD, The Van-guasd or Front in an that Court only. The Name is borrowed of the Cunt exer.it hi in hofiem pergit, ipji per Army. in reverfione Normans, as appears by the Cuftumary, cap. "({5. confuetudinem faciunt Avant-warde, And the Word Attornati, or as fome read it Tur- Wedre-warde. EU confuetudines erant Walenjium. nati, is found in the fame Signification, in the T. R. E. in Arcenefeld. lib. Doomfday. Title De fiatu regulartvm, cap. unico, feB. porro in
large,

&

2fban<

Account* of thofc Receiver*, who collcg the Revenues of the Augmentation, alfo of the Sheriffs, Efchcators, Colleaon and Cuftomcrc, cum omnibus fuis utilitatibus ac avan- and fet them down, and perfect them ; concernWymbledone, Dat. 24. Feb. 11 Ed. Z. ing which, fee the Stat. tagiis inde provenientibus. 33 H. 8. cap. 33. c> a,lnft. Cantuar. MS. fol. 106. Regift. Keel. Chrifti %Ut8, * Goofc. Similes pennis Aucarum. Malmf. 2>UDItO?>>, Conventual, Collegiate, &V. The Re ligious had their Auditors, or dated Officers appag. 159. 2>ihtionarii, 3Juiionarii, Sellers, Rcgraters, pointed to examine and paf* the Houfc-Accounts.
Walterus 3H)flntiiHinni, Profit or Advantage. Car.tuar. Arcbiepifc. ad feodi-ftrmam tradidit jfobanni de Bofeham, terras vocatas h Wardland, in Villa dt

Retailers.

Dicunt etiam quod in domibus

illis

a-

Hence the

pud .Sheles, funt manentes Piftores &* Braciatores Au- Cathedral and Collegiate Bodies. Auxionatrices panis, cervifit, & aliarum xionarii aiuOlto;8 of tot ^jitt or 3lmvvej0, Are alio Officers of the Exchequer, who take and make rerum. Plant. Pari. 18 Ed. I. JlUDtfnce Court, Curia AudientU Cantuarienfis up the great Accounts of Ireland, Berwick, the Is a Court belonging to the Archbifliop of CanterMint, and of any Money impreftcd to any Man of equal Authority with the Arches Court, for the King's Service. Sec Praline of the Exchebury, in Dignity and Antiquity 1 quer, pag. S3. though inferior both The Original of this Court was.becaufe the ArchauDitO; of fl)C Keceitier, Is alfo an Officer of heard many Caufes extrajudi- the Exchequer, that files the Tellers Bills, and bifliop of Canterbury in his own Palace, in which, before makes an Entry of them, and gives the Lord cially at Home he would finally determine any Thing, he did Treafurcr a Certificate of the Money received ufually commit them to be difcuft by certain the Week boforc. He makes Debentures to every Men learned in the Civil and Canon Laws,whom Teller, before they pay any Money, and takcth thereupon he termed his Auditor* ; and fo in their Accounts He keeps the Black Book tf Rt. Time it grew to one fpecial Man, who at this ceits, and the Treafurer's Key of the Treafury, and Day is called {Caufarum negotiorumque audientU feeth every Teller's Money lock d up in the And with this Of- New Treafury. Cantuarienjis auditor officialise fice was joined heretofore the Chancery of the 3ll&ltO^C8 Is the fame with Audientes, I. e. the Archbifliop, which medleth not with any Point Catachumcns, or thofe who were newly inftrufled of contentious Jurifdiflion ; that is, deciding of in the Myttery of the Chriftian Religion before Caufes between Party and Party, (except fuch as they were admitted to Baptifm; and Auditorium is are ventilated pro forma only, as the Confirmation the Place in the Church were they flood to learn of Bifliops Eleftions, or fuch like) but onlv of and be inftruded ; and this it is which we now Office, and cfpecially fuch as are Voluntary Jurif- call Navis Ecclefia : And in the Primitive Times difthnis, as the Granting the Cuftody of Spiritual- the Church was fo ftriS in keeping the People Vacation of Bifliopricks, Inftitu- together in that Place, that the Perfbn who went ties, during the tions to Benefices, Difpcnfing with Banes of Ma- from thence in the Time of Divine Service was trimony, V. But this is now diftinguiflicd from excommunicated It was fo declared by the fourth the Audience. Of this Audience Court, you may Council of Carthage, cap. 24. in thefc Words ; read more in the Book De Antiquit. Ecclef. Brit. Sacerdote verbum faciente in Ecclefia,qui egreffus dt au-

Auditory,

Audit-boufe,

Audit- time, in

&

Hijl.&tlnjl-fol. 337* aiuDieuou rmninanDO, Is a Writ, but more properly a Commiflion, directed to certain Perfons, when any riotous Affembly, Infurreclion, or heinous Mifdemeanor orTrefpafs is committed for the Appealing and Punifliagainft any Place, ment thereof; which you may read at large in F. N. B. f. 1 10. See Oyer and Terminer. SuDlta querela, Is a Writ that lieth againft him, who having taken a Status-Merchant, or a Rccognifancc, in the Nature of Statute-Staple, or a Judgment or Recognifance of another, and craving, or having obtained Execution of the fame from the Mayor and Bailitfs, before whom it was cntrcd, at the Complaint of the Party, who cntred the fame, upon Suggeftion of fome juft Caufe,why Execution mould not be granted ; as a Releafe, or other Exception. This Writ is granted by the Lord Chancellor of England, upon View of the Exception fuggefted, to the Jultices of either Bench, willing them to grant Summons to the Sheriff of the County where the Creditor is, for his Appearance at a certain Day before them. Old. Nat. Brev. fit. 66. &> Fitz. Nat. Brev. fo!.
102.

ditorio fuerit, excommunicetur, &>c. <Hbe Is the Name of a Writ, for

Aiel.

which fee

mentioned in Matt. Parif.p. 5. Lower Germany. Orta eft cotttentio h.ter Flandrenfes qui dicuntur de Avel-terre, & Fran.os in illis partibus, &c.
2PbeI*ferra. 'Tis
fignifics

and

SHJEnage, (From the Latin Avena, Oats) Signia certain Quantity of Oats paid to a Landlord in lieu of fome other Duties, or, as a Rent from the Tenant
fies

31bmoj, Avenarius, Is an Officer belonging to the King's Stables, and provides Oats for his Horfcs He is mentioned 13 Car. 2. cap. Omnibus enim liberatio quorumcunq; five Accipitrario:

rum, Jive falconiorum,

five

Avcnariorum, ad

ejus

(fa Conftabularii AnglU) officium fpeBat, fi prtfens fuerit ; nifi forteDominus Rex ad idem aliquem prius affignaverit. Bundel. Petitionum in Turri London anno 10 Ed. 1. And in Rot. Pari. 21 Ed. 3. there is alfo Mention of the Avenors of the King, Queen and Prince.
aitoenturf, (but more properly 'Adventure) Is a Mifchance, caufing the Death of a Man, without Felony: As when he is fuddenly drowned or

HHl&ifOJ, {Auditor) According to our Law, is in Officer of the King, or fome other great Perfon, which yearly, by examining the Accounts of all Undcr-Officers accountable, makes up a General Book ; which fhews the Difference between their Receipts and Charge, and their Allowances, commonly termed Allocations : As namely, the Auditors of the Exchequer take the
1
/

burnt, falling into the Water or Fire, or killed by any Mifeafe or Mifchance, Briton, cap. 7

where you may

ture.

fee

how

it

differs

from Mifadven-

See Mifadventure.
i. e. Tournaments or Military Exon Horfcback. 'Tis mentioned in Addlt.
,

31ben.tU.ras,

ercifes

Matt. Pari/, p. 149. Quod nulli veniant ad Uurnanvel burdandum nec adatias quafcunq; Aventura s 'Tis derived from the Lat. Eventa. 3ue,

dum

2Gberia properly fignifies Oxen or Horfes ufed ad Maner. de PiUefgate, cum carreBis equis Anno 32 Hen. 8. cap. 4. and 1 jFac. cap. 31. for the Plough, but .in a general Senfe any Cattle. fuis. Homines per averia fua, viz. equos boves, AfIt feemeth with us to have two Significations
rifcot
:

tiqua fervituth de PiXefgate apud

de Church- Seed, vel dux fumthe Fr. Oeuvre and fifo iV lib. xvi fol. Cartular. Glafton. MS. f. 38. Operagium) In Dome/day, Grent- mx Qp dimid. frumenti. Rex Fordbam, fed tamen femper inveniat A- Which Church-Seed, by a Norman Epirhet, might brigflie. veram, vel 8d. in Servitio Regis. That is a Day's eafily in fome Parts be called Aver-Corn, efpeciWork of the. Plough, of 8 d. 4 Infi. fol. 269. ally in Kent, where by Compofition the Tenants Mr. Skene's Opinion, of Men fire, were to pay to the Abbot and Con3beragp, (Averagium) By of St. Aujlins, their Aver- Corn in a certain is derived from the Word Averia, Cattle, and vent Nowhich the Tenant and determined Meafure, A. D. 1263. confequently Signifies Service, Harfe or verint univerfi, quod cum temporibus renovatis quidam to the King or other Lord, owes by Tententes Abbatis SanbTi rnanerio de Augufiini, in Ox, or by Carriage with either : For in ancient Charters of Privilege we find, Quietum effe de A- M.en{krc,quoddam fervitium annuum quod' Aver-Corn Others probably derive it from the Fr. vacatur, fub menfura minus certa, &c. Vid. Chron. veragiis. W. Thorn, inter X Scriptores, col. 191 2. Averi. e. Ouvrage, opus. In the iJegifter of the Abbey of Peterborough (in Bfyl. Cotton) it is thus explain- Corn is alfo fuch Corn as by Cuftom is brought by ed : Averagium, hoc efi, quod Nativi deberent ex an- nhe Tenants Carts or Carriages to the Lord's Graducete bladum annuatim unum diem nary or Barn*

3Jbcra

(?//

Overa from

Ouvrage,

vehtt

Burgum,

per vel carriate turbas in

&

Ma-

a^berDUpOia. See Avoirdupoiers.

&

&

maketh fros graviter difirinxit. W. Thorn in Ed. 2. 'Tis ufed Firft, Exposition of'Words, Rafial. of the King's Averages, which I take to in the fame Senfe in W. 2. cap. 88. Let the SheMention be the King's Carriages by Horle or Cart. Then, riff deliver all the Cattle of the Debtor exceptis bobus &P affris caruce. Sir Henry Spelman deduces anno 31 H. 8. c. 14. and i Jac. c 32. it is uffed for and o- the Word from the French Ouvre, Work, as if a certain Contribution that Merchants Cattle. But more probably from thers, do make propoftionably towards their Lof- chiefly working who have their Goods caft intb the Sea, for Avoirs to have or poffefs ; the Word ibmctimes fes,
Tit.

I Falfe Aver or Afer. have been only a Corruption of Aver, and to have fignified at firft any Beaft, though now rcftrained to the younger Kind. Uiberiijer cuvtie in iEtfhernann is a Writ, for the taking of Cattle, to his Ufe, that hath his Cattle unlawfully taken by another, and driven accuftomedi out of the County where they were taken, that of Corn-Fields. In the North they &berage cannot be replevyed. Reg. Orig. fol. 82 .When ufe this Word Average, for what in Kent they call they one Beaft is fpoken of, we fay, Quidam ethe Gratten, in other Parts the Eddifh, in Wales vel bos; but when more, it is not faid in the Adlugh, in fome Counties the Roughings ; i. e. quiis th plural Number, Equi or Boves, but Tot the Stubble or Remainder of Straw and Grafs

the Safeguard of the Ship, or of the other Goods, and Lives of them in the Ship, in the Time of a Tempeft. And this Contribution feemeth to be Co called; becaufe it is proportioned after the Rate of every Man's Average, or Goods carried. In this laft Senlfe it is alio ufed in the Statute 14 Car. z. c. 27. Average, f$ alfo a little Duty,which thofe Merchants, who fend Goods in another Man's Ship, do pay the Matter of it for his Care, over and befides the Freight For in the Bills of Lading, they ufually fay, Paying fo much Freight for the faid Goods, with Primage and Average
:

including

all

Perfonal Eftate, as Catalla did all

Goods and Chattels. In Northumberland they now

fay, a Falfe-aver, for a fluggifh. Horfe, or lazy Bcaft. Yet Spelman rather derives it from the

Lat. Affri or Affra, CoUntry-Horfes, and cites the

faid

Northern Proverb,

think the

Word

Heifer, to

left in

the Corn-Fields, after the Harveft

is

car-

Averia,

ried in
SltberarC.

atlserlanij.

Item Cellarius

This Spelman interprets to carry

nia fterquilinia
ejlia

ad fuum

Jivere folebat capere omopus in omni vico, niji ante

Goods
I

in a

Waggon, or upon loaded Horfes

Duty required of fome cuftomary Tenants.

But

queftion whether it did not fometime fignify to riis fuis, for the proper Ufe of a Monaftery or drive ^wri/,Cattle, to fome Fait or Market.' Lord of the Soil Quod autem nunc vacatur AverOmnes homines, ('. e. de Kyngfton) debent ter averare land, fuit terra rufiicorum, ibid, which was fubjet ad Briftoiium. Cartular. Glafton. MS. f. 4. to Averages, or the Lord's Carriages. debent frti2Ujenum ponDHM0, Full Weight, or Aver de Htberrare, To the like Purpofe carriare de qttolibet panno fine grano, de qualiaver- Pois, ges Domini metere, prata falcare, Cartular. ib. p. 39. bet libra de averio ponderis, tres denarios. Cart. rare, 3U)er>Co,jn, A referved Rent in Corn, paid to 3 Erf. 2. Religious Houfes, by their Farmers or Tenants ; atUermmf, Verificatio, Cometh from the French which Mr. Somner deduces from the Fr. Ouvre, or Averrer, i.e. Tefiari, fignifies commonly an Offer Ouvrage, as if Corn drawn to the Lord's Granary of the Defendant, to make good or juftify an Exby the working Cattle of the Tenant. But it ception pleaded in Abatement, or Bar of the feems more natural (.like Averia from Avoir,) to Plaintiff's A&ion ; and there is Rcalbn, why it have or receive fuch a Quantity of Corn. I iup- would rather fignify the Aft, than the Offer of pofe the Cuftom owing to the Saxon Cyriac-Sceat, juftifying the Exception. For, anno 34 Erf. I. Church-Seed, a Meafitfc of Corn brought to the Stat. 2. And the Demandant viill offer to aver by the Prieft on St. Martin's Day, as an Oblation for the AJpze or Jury, Qfc. where to offer to avere, and to Firft-Fruits of the Earthi Under which Title aver -mutt needs ditfer And again in the fame the Religious had Corn-Rent paid yearly, as in an Statute, and the Demandant will offer to aver by the Inquifition of the Eftate of the Abbey of Glafien- County, &c. And in 15 H. 6. cap. 1. The DefenWaltm'e reddit in gubulo af- dants ihall have their Averment, to fay, that, &v. bury, A. D. 1201.

eerum qui habebant Averland. Angl.par. fol. 302. a. It feems to have been fuch Land as the Tenants did plough and manure, cum ave-

Mon.

1,

&

&

&

Thirdly*

Thirdly, in the Englilh Nat. Brev. fol. Vf. Thtfi' now call Navh E'defia : In medio Aul* majjrii Errors fiaU be tried by Averment, &>c. This Aver- Eccleftt, it center lepultus efl. EaOm. lib. 6 yag. ment is Twofold, General and Particular a Gene- Id.!. ral Averment, which concludes every Pica, Qfc. aulneger. Sec Alneger. or in Burof the Replication and other Pleadings, ammonr, (French Attmefm*, that is, Alms) Teto be A- nure in Aumone, is a Tenure containing Matters affirmative, ought per liberam Elcemofywrred, with thefe Words, Et hoc paratus eft verifi- nam. Briton, fol. 164. As where Land* are given is when the Life to fomc Church, or care, fc>V. Particular Averment, Religious Houfe, upon Conof Tenant for Life, or Tenant in Tail is averred, dition, That fome Service or Prayers fhall be &c. And an Averment contains as well the Mat- offered at certain Times, for the good of the Co. on Lit. fol. %6z. b. Donor's Soul. See Frank almo'me. ter as the Form thereof. 2fumoiui'r Vid. Almotrench, Aumofnier. ^IbfrVf tip {'i" afi Average- peny) Is Money contributed towards the King's Averages, or to be freed ner.
;

thereof. Raftal. Expof. verb. Avcr-pcny, eft quietum de diverlis denariis pro Averagiis Lorn. Reg. From effe

the Kings Carriages cum avcriis, 1 Inft. fol. 35. Haberet &> Averpcni, /. pro fingulis triginta acris Mon. Angl. 302. a. duos denarios. s %'mx-A\\ 0lK Rogerui Prior, 6 Capitulum EcCantuar. quieto clamant Magiftrum,
clrjU Clrifti Fratres Hofp'talii St.

each End of a

3Huncf[*toeigljf, Quaff, Handfate-u/eigbt ; or from Anfa,i. e. the Handle of uBalar.ce ; being a kind of Weight with Scales hanging, or Hooks fattened to

Beam

or Staff, which a

Man

lifting

up upon

his Fore- ringer, or Hand.difcerneth the

Maria

de Ofprens, de lonfuetudi-

nibus fubferiptis videl't de

Arura Hatc.wite, Ripe-fel-

vcr, Wooct-lade,
felver,

Adefham.
Cant.

Hcylode, Aver-fclver, Lambqua confuetudines fieri folent in curia de Dat. Menft Feb. 1241- R'g- Eccl. Cbr.

MS.

A. D. 14.51. A Cittern for Water. 20 Sep. Epifcopus Batbo WeB.concedit Civibus Welienunum caput pro conduBu aquatico turn augcis ftbus ceteris maclinis, fub &> fupra terrafufpiraltbus, Of

3ugca,

in

neis

primum caput
recipitur, fiet

eft

Augea,

quo tota aqua

noftra decern

pedum

rotunda in latitudine infra muros de petra cake, vel alia materia cum pipis

Quality or Difference between the Weight and the Thingweigh'd. In which, becaufe there was wont to be great Deceit, it was forbidden by fcvcral Sta rates, as 25 . 3. Stat. 5. c. 9. 34 E. 3. cap. 5. & 8 H. 6. cap. 4. and the even Balance only commanded ; yet neverthclefs this Weight continued in Ufe in divers Parts of England, notwithftanding the Conttitution of Henry Chicheley, Archbifhop of Canterbury, 1431. Fro abolitione ponderis vocati, Le Auncel weight, &>c. qui utitur Exccmmunicanbut now it is utterly abolifhed by a late dus Statute made 22 Car. 2. uh. A. D. 1434, acaj>. mong the Anathema's publickly denounced againft * all falfe Dealers and Deceivers, Allc thei
',

'
'

ex utraque parte diB*,

Reg. Eccl. Well. M.

Augea: five Cifterna

S.

annexis.

Houfcs, and their Lands, as were given to him by Aft of Parliament the fame Year, not Printed: For the diflolving of which Court, Authority was given to Queen Mary, by the Parliament held the firft Year of her Reign, Seff. 2. cap. 10. which fhe afterward put in Execution by her LetThe Name of the Court fprung ters Patent. from hence, That the Revenues of the Crown were augmented fo much by the Suppreflion of the
faid

aiugnientafion, Augmentatio, Reg. a Court, erc&cd 27 H. 8. as appcareth by the E<r</. Batho. Well. MS. aiUIUient 3Dnmainr. See Ancient Demefne. 27th Chap, of that Year's Parliament: And the End thereof was, That the King might be juftly Shut charta eorum ailllltiaflli-, i.e. Antiquated. dealt with, touching the Profit offuch Religious Auntiata eft, Qf libertas anterior. Brompton, lib. 2.
cap. 24. par. 6. dfrOluailtf, Hath a double Signification,

Was

the

Name

of

'

that ufe falfe Weyghts or falfe Meafiires, and in efpecial alle they that ufe a Weyght that it cavilled Auncel, fhaft or poundre, or hooldc or keepe that Weyght prively or openly.

the

one,

when

bent

a Benefice becomes void of an Incumthe other when we fay in Pleadings in

Chancery, confejfed, or avoided, traverfed, or denied, is true, &V. See Voidance.

Uttuir
poids
,

fcu

po(f)0. It is

true French, Avoir due

jufti effe ponderis.
:

that
it

is,

Habere pondus, or

In

Law

(ignifies

two Things

Firft,

Kind

the King refcrved unto the Crown, and neither gave nor fold away to oBut the Office of Augmentation remains thers. to this Day, wherein there are many Records of

Houfcs,

as

of Weight diverfc from that which is called Troyweight, containing twelve Ounces to the Pound, whereas this containcth fixtccn. And in this refpeft it may probably be conjeftured, That it
is

great

Ufe and Importance.

London.

fo called, becaufe

it

contains a greater
it

Weight

UUlgllfia,

than

the

other.

Secondly,

Sec Avage. Merchandifc as are weighed by is mentioned in the Monafticon, not by Troy-<weight, as in the Statute of Turk, 1 Tom. pag. 850. and it (ignifies an Oar, viz. 9 E. 3. in Proccmio. 27 E. 3. Stat. l. c. io. 2 R. 2. Debet homo fuper pedes fuos quo profundius poterit cap. 1. Sec Weights. intrare, Qp dum ultra ire nequiverit, avirunatum 3b0lfa, i. e. Concameratio, Tholut. 'Tis mentiunum 0B0 pedibus longum, introrfus de diverfo lancean- oned in Mat. Parif. in vitis Abbatum St. Albani, do propeUere, &= a loco quo AvirunatuW/.te tranfna- viz. Eadem quoque CapeUa in arduum furgens fuper tare defierit fpatio 40 pedum per chordam debet menfu- earn crepidinem, (for concamerationem,) qut, vulgo Avolta diitur, Dormitcrii diminutionem fupplet. rari, ibique fttnum in aquam infigi. de aviSee Alanius. ailiOn-lXlbfr. SJttUfanifntum, Advice, Counfcl. famento &> confenfu covfilii nojlriconcefjimus, was the 2H)0trrr, Advocatus. See Adv.-we : Britton, cap. common Form of our King's Grants. 29. faith, That Avowee is he to whom the Right of e. Comix, fo called, Ut)i8 &an<ti ajJartini, Advoivfon of any Church appertaineth, fo that becaufc this Bird appears about the Feaft of St. he may prefent in his own Name ; and is called Marti}i : Si a ftniftra in dextram Avis SanH Mar- Avowee, for a Difference from thofe that foinetini volaverit, &V. Pet. Blefenfis Epift. 65. times prefent in another's Name as a Guardian, 3lula, i. e. a Court-Baron. Aula ibidem tenta that prcfenteth in the Name of his Ward: And 4 die Auguft. &>c. Aula Ecclefta is that which we for a Difference alfo from thofe, which have the G Lands,
Hlblfage.

(ignifieth fuch this Weight, and

3lbirunafU0

"

A U
Lands, whereto an Advowfon appemineth, but or by only for Term of their Lives, of Years, or by Diflciftn. Intrufion, one takes a Diftrcrs for 3tt)0Uyj>, Is where Rent, or other Thing, and the other foes Replefor what vin, then the Taker fhall juftify his Plea Caufe he took it ; and if in his own Right, he ought to fhew it, and avow the Taking ; which is called his Avowry. But if he took it in the Right of another, then when he has fhewed the Caufe, he fhall make Cognifancc of the Taking, as Bai liff or Servant to him, in whofe Right he .did it. Termes de Ley, 73- S5 21 H. 8. cap. 19. For the more fpcedy and effectual proceeding up-

lam Uxorem, ut babeat eos bic in Olldbis S. Michaelis Paroch. Antiq. p. 477. per auxilium Curia. aiunlmm facere a,licui in Curia tfagis, To be another's Friend and Solicitor in the King's Court ; a Fiduciary Office folemnly undertaken

by fome Courtiers, for their Dependents in the Country. Sciantprxfenta Qpfuturi, quod Ego Bernardus de S. Walerico concejft Rogero de Berkley &> baredibus fuis auxilium & confilium meum in Curia Bomini met Regis Anglti. Paroch. Antiq. p. 126.
Vid. Ayde. aiinilfum petere,

on

Diftreffes

and

Avowries

fee

1 7

Car.

z.

pray Aid, or Suit in a Tenant is impleaded, and not capable to defend the Right in his own Name, he prayeth Aid of the fuperior Lord,

To

Caufe

i.

e.

when an

inferior

cap. 7.

was a Pucutting off the Ears nifhment inflicted by the Saxon Laws on thofe who robbed Churches, and afterwards on every Thief. Fleta, lib. I. cap. 38. par: 10. And this Punifhment was not only for Theft, but for many
IHureg.

affift and juftify his Plea. Johannes de Handlo implacitatus de Mdnerio de Pidington, Priori fine ipfo Bomidicit quod Ip/e non potefi pradiilo no Rege refpondere, &P petit auxilium de ipfo Bomir.o Rege. Paroch. Antiq. p. 414. So the Incumbent prayed Aid of the Patron of the Church, in a Caufe that affected a larger Portion of Tithes. other Crimes. Upton, Be militari officio, pag. 140, 2turiCUlariU0, A Secretary Quern fibi amicu- Vid. Ayde. 3tunlium ffiegitf, King's Aid, or Money, lelarium p auricularium conjlituerat. Mon. Angl. vied for the King's Ufe, and publick Service. Vid. pag. 120. Slurum IRfginae, The Queens Gold. Rot. Pat. Scutagium. atuplium flUjceeomitum, The Aid or Cufto52 H. 3. m. 6. Vid. Queen-Gold. UlufcuUarr. Becaufe the reading of Prayers mary Dues paid to the Sheriff, for the better with a graceful Tone or Accent made fome Impref- Support of his Office. Prior de Kime Com. Line. fion on the Hearers, there was a Perfon appoint- tenet duas carucatas terra in Thorpe per fervitjum xl ed in the Monafteries to hear the Monks read, denariorum per annum, ad auxilium Vicecomitis. Mon.

to

The

who

mould do

in what Manner they before they were admitted to read the People ; and publickly in the Church before this was called aufcultare, viz to read or recite a Leflbn : Quitunque leHurus vel cantaturus eji aliquid in Mcnafierio, fi necejfe babeat, ab eo, {viz.. cantore")

directed

them how and

it,

Angl. Tom. 2. p. 245. An Exemption from this Duty was fometimes granted by the King, as a
fpecial Privilege.

debet aufcultare. priuftfuam incipiat,

decretispro ordinatione Benedict, cap. J.

2. Seems to be that cap. 1. Way-laying, or lying in wait to The Words of the faid Statute Lanfrancus, in arc ; /* is ordained that no Charter of Pardon from henceforth fhall be allowed before any Jufiice for Mur-

3Haitf,

13

R.

Which we now do a Mifchief.

call

3Hu8urcu.s and fiDHurciiP, a

Gofhawk

whence

a Faulconer, who keeps that Kind fault, of Hawks, an Aujlringer. Some ancient Deeds have man, referved tir.um aufiurcum, as a Rent due to the &C.

we ufually

call

jlain by Await, Afder, or for the Beatb of a or Malice prepenfed, Treafon, or Rape of a Wounlefs the fame be fpecified in the Charter^

Man

Sltoarti, May be derived from the French the Years by Au- Agarder, and is properly the Judgment of one that tumns, but the Englifh Saxons by Winters. Taci- is neither affigncd by Law, nor appointed by the the ancient Judges, for the Ending a Matter in Controverfy, tus, Be moribus German- tells us, That Germans knew the other Divisions of the Year, but is chofen by the Parties themfelves that are but did not know what was meant by Autumn. at Variance. And may feem to be called an AAnd Lyndewode tells us when the fevcral Seafons ward, becaufe it is impofed on both Parties, ad of the Year begin : Spelm. cufiodiendum feu cbfervandum.

Lord.

Autumn. Some computed

ing forty Gallons; yet you may read in an old The Rood of printed Book thefe Words, mutUtniialia are the Fruits of the Earth that Rhenifh Wine ofBordreyght is ten Awames, and eare ripe in Autumn or Harveft. 'Tis mentioned very Awame is fifty Gallons. Item, the Rood of Anin Hengbam Mag. cap. 5. Ilia autem ultima Lex twerp is fourteen Awames, and every Awame is thirad falvandum Autumnalia aut redditum Gallons. potefi vadiari
ty-five

Bat Clemens Hyemem, dat Petrus Ver catbedratus, Autumnal Bartbolomaus. JEJluat Vrbanus,

'Jfjtomc, Mentioned 1 Jac. c. 3 3 . and I 2 Car. 1. Is a Meafurc of Rhenifh Wine, containcap. 4.

afjifum.

4ltomtlg,

Canopy fupported by Iron

Staves,

hanging over a Boat or Pair of Oars in the River am marttanOam,Was aWritdire&cdtothe Sheriff Thames. It is the common Word ufed by the of every County, where the King or other Lord, Seamen for the Sail in hot calm Weather, fet had Tenants, to levy of them reafonable Aid to- tranfverfc over the Deck for Shade. wards the Knighting of his Son,and Marriage of his 3tjce and 31]Cen come from the Saxon Verb eldeft Daughter. See Aide, and F. N. B.fol. 82. Avian, to demand ; and from hence our Englifh But this is utterly taken away by the Stat, made Word Ask. 12 Car. 2. cap. 24. Hire or <\-t , a Town in Bevonfbire. 3-nnIuim Cu f i*i A Precept or Order of airelODtmum, Hexam in Northumberland from the Saxon Arfanmynfier, fb Court, for the Citing or Convening of one Party aijrminfio;, at the Suit of another. Vocat inde adWarranti- called becaufe fuuated near the River. am Jobannem Sutton de Budley Chevaler, & Ifabelaiurilium aD filium militpm facienoum $ fifu
1
. ..

SpDP,

where a particular Proprietor is im- cbelors. I have read in an Old Monument, this and not being able to defend the Thine Word Bachelor attributed to the Lord Admiral of pleaded, for which he is impleaded, he praycth Ayde of England, if he were under a Baron. Thii Word lbmc better able; which is performed two Ways: is ufed 13 R. 2. Stat. t. cap. 1. and fignifieth the Tenens petit auxilium it fame with Knight-Bachelor, 3 . 4, t-irft, In a Plea real, cap. 5. that is, A. S. fine quo refpondere non pottft. Secondly, in a a Simple Knight, and not a Knight-Banerct, or Plea perfonal, and then the Defendant Petit auxi- Knight of the Bath. Touching tlie farther Etylinm ad manutenenAum exiturn. Sec Aid. mology of this Word, Baccalaurei ( tefie Renano) a baciUo nem'mati f*nt, quia primi 3MalDU0, A Sort of poor Horfc or Jade. ftudii authoritnfem minoris valoris amovendi AfFri, Axaldi, &P alii Equi qu* per exhibitlonem baculi comedebatur jam confer uti de Englewodc. Clauf. 4 Ed. 3. Anno 28 Ed. 3. we find a Petition fuiffent, &c. font a forefta Qui ibidem fo- recorded in the Tower, beginning thus, A mitre 330,MUiti, Azure-colour.
Mptit,
is

modicum inventum revoherunt, fub Seigneur le Roy monftrent vet re Simple Bachelor, tie auo locellum ligneum confpicati, convocath Priore ac Johan. de Bures, &Pc. Sachez nous Roger do Mortimer Seigneur de Conventu ipfum aperuit Interim undique deplHum, medietas cum vermiculo, altera medietas cum azorio, Wygemort avoir donne &> grante * no/Ire chier Sac 1,1; Abbat. Glafton. MS. ler, Monfieur Robert de Harley, pour fon bon fervic* literas, Sfc. &> pour cent livres de argent, la gard du Corps Gilbert Filz 6P heir Sir Johan de Lacy, enfemblent ove It B. marriage mefmes celuy Gilbert deyns age eftcant en no&c. Donne a Penebrugge Van du Regne le ftre garde, An antient Sort of VefTel, or Tran- Roy Edward Fife le Roy Edward unzyme. Yet CamWiUielmus filius WlUlelmi den in his Brit. fol. 176. makes a Queftion whefport B3arD, Ship. thefe Bachelors were not of a middle DeBek, tenet terram fuam In Levyngburn per Serjantiam ther inveniendi ad transfretatlonem Domini Regis unam Na- gree between Simple Knights and Efquires. In Pat. 1. m, 4. Johannes de Clanvou is filled vem, qua vocatur Baard, verfus Vafconiam fumptibus 8 Ric. 2. par. See Bantret. Bacalarius Regis. Tenures, p. 6z. fuis propriis. or a Staple. Duos Margines de duabus SJatina, A Bafon. acfl, A Hook or Link of Iron, In axibus emptis 8? carreHis axandis novem march argenti, fc> duas Bacinas argenti de fex marad idem emptis ch, duo candelabra defedecim march. Hift. Elidenarios, in colarlis, Bacis, &P feUis Confuetudinarium damns de Farendon en. a D. Gale edita. p. 613. In the Inquifition of xiii den. and Knights Fees within the Counties MS. penes. Wh. Kennet, f. 10. Scrjancies IBacbtnnnc, Is a Saxon Word, and almoft of Effex and Hertford, Anno 12 13 R. Joh.
dlentes lapidem non

&

&

at this Day, fignifying fo much as good Englifli the Back, or about a Man. BraHon bearing upon ufeth it for a Sign or Circumftance of Theft apthe Civilians call Furtum manifefiparent, which um ; for dividing Furtum into manifeftum &P non he defineth Furtum manifeftum in this manijef.um, Sort; Furtum vero manifeftum eft, ubi latro deprehenfus eft feifitus

medletatem Heydent de Bacinis, 1. 1. by the Serper Serjantiam ferviendi vice of holding the Bafon, or waiting at the Bathe Day of the King's Coronation. Lib, fon, on Rub. Scaccar. fol. 137. Sec Baccinium.
Petrus
Picot,
tenet

filius Petri

T&acfebentlO.

See

Bacberinde.

de aliquo latroclnlo,
infequutus

fcil.

bend & Backberinde, &>

Hog, a Bacon-Hog. The Handha- Word very oftens occurs in our Charters, and fuerit per ali- other Muniments.

aco,

Hog, a

fat

quem
for

Manwood

Lib. 3. Traft. 2. cap. 32. cujus res ilia fuerit. in his Foreft-Law, Part 2. noteth it

l&iictilf,

when formerly made

Candle-flick, properly fo called, ex baculo, of Wood, or a

one of the four Circumftanccs or Cafes, Stick. Hugo Epifcopus Dunelmer.fi s fecit In Ecclein wherein a Forefter may arreft the Body of an fia coram Altari tria ex argento bactilia Offender againft Vert or Venifon, in the Foreft. For quibus lumina die noHuque perpetuo ardentia lucerent. of the Foreft of Lancafter, (faith Coldingham, Hift. Dunelm. apud Wartoni Ang. by the Aflifc he) taken with the Manner, is when one is found Sac. P. 1. p. 7*3. in the King's Foreft in any of thefefour Degrees, ffiaOgfr, Cometh from the French Bagage; viz. Stable-ftand, Bog draw, Backbear and Bloody- that is, Sarcina, a Bundel or Fardel ; and thence It is hand ; in which Place you may find all thefe in- is derived Bagagier, a Carrier of Bundles ufed with us for one that is licenfed to buy Corn, terpreted. aenniutn, A Bafon or other Veffel to hold or other Victuals in one Place, and carry them Water to wafh. the Hands. Non tcrpeta non Noun- to another to fell; and fuch an one is exempted in nil omnino per vlolentlam exl- the Statute made in the 5 and 6 of Ed. 6. c. 14. tergia non Baccinia, Simeon Dunelm. anno 1116. Mon. Angl. from the Punifhroent of an IngrofTer within gatur. See Banna. that Statute. See Crompton't Jufiice of Peace, fol torn. 3. pag. 191. flChPUria, The Commonalty, as diftinguifh- 69, 70 ; See Bath. cd from Baronage. D&aoi3a, flSaoeceffcr. Feftlvitate S. Edin quindenam S. MichaeCarta Decani mundi Regis Jl&ap, A Bag, or Purfe. Confefforis, Dominum Regem regali- Ecclefia Litchfield, in Mon. Angl. torn. 3. p. 237. dmlis apud Weftmonaflerium per ter celebrata, Communitas Bachelerix Angl a fignift- centas marcas pecunie. in quadam Baga de Whallty. OQ&anatoCl. Edw. 1. by his Charter granted to cavit Vomino Edwardo flio Regis, &c. Annal. Burthe Citizens of Exeter, a Colle&ion of a certain ton, p. 426. fub an. 1259. TSadr'nj, Baccalaureus, Cometh of the French Tribute upon all Manner of Wares brought Word BachaBer thatis,7^ro,aLearncr: And there- to that City to be fold, towards the Paving upon I gather rhofc that be called Bachelors of the the Streets, Repairing the Walls, and Maintein old EngCompanies of London, be fuch of each Company, nance of the City, commonly called as are fpringing towards the Eftate of thofe that lifi) I5awufl. mthugabel and Chippinggauel.
:

&

&

are imployed in Council, but as yet are Inferior. Antiq. of Exeter. For every of the Twelve Companies hath a 10aharum is mentioned in Fkt.-. t Matter, two Wardens, the Livery, and the Ba- andhgnihes a Chcft or Coffer.

lib.

1.

cap.

aBaiaroour

B
A

A
&

B_A

Carrier, or Bearer of any Sheriffs as Bailiffs of Hundreds, whom the Saxons llijataroour, our called Scyrmans. So 14 E. 3. Stat. 1. cap. 9. Weight or Burden ; Lat. Bajulator. Whence or Carriers of Corn from one Market to But as the Realm is divided into Counties, lb eBadgers is again divided into Hundreds, another. offerebant duos [ncifores in fua lapidicina, very County de navi ufijue within which it is manifeft, That formeily the &* cariagium petra ufque ad navim, duos Baiardours fervitiiros ad Ecclejiam. Peer. Blcf. King's Subjects had Juftice miniftred to them by the feveral Officers of izo. Contin. Hift. every Hundred, which

Mainprize, faying, mainprifed, always laid to be at large, and to go at his own Liberty out of Ward, after that he is let to the Day of his Appearance, by Mainprise, until Rcafon of the faid Common Summons, or otherwife but it is not fo, where a Man is let to Bail, by four or two Men, by the Lord Chief Juftice in Eyre of i he Foreft, until a certain Day; for there he is always accounted by the Law, to be And in their Ward and Cuftody for the Time they may, if they will, keep him in Prifon, or Ward during that Time. So that he who is fo bailed, (hall not be faid by the Law to be at large, or at his own Liberty. See Lam. Eiren. lib. 3. Bail is alfo a certain Limit 2. fag. 330. cap. within the Foreft, according as the Foreft is divided into the particular Charges of feveral Forefters, Cromp. in the Oath of Bow-bearer, fol. 201. See Mainprise, and 4 Inft. fol. 178.
; :

apparent muft be taken, as Subfidy-men at the leaft, and lpfwicb, Yarmouth, Colchefier, and other Places: that to the Value. Manwood in his Foreft-Laws, And there be others, to whom the King gives the Parti, p. 167. maketh a great Difference between Cuftody of his Caftles, which are called Bailiffs He thatis is as the Bailiff of Dover Caftlc. Bailand
liffs

fince that Time, thefe Hundred-Courts, (certain cap, called Bail, Franchifes excepted) are by the Statute of 14 .3. this Means the Party reftrained is Stat. 1. c. 9. diflblv'd in the County-Courts, as you is, becaufe by into the Hands of thofe that bind read in County and Hundred. And the Bailiffs delivered thcmfelvcs for his Forth-coming: There is both Name and Olficc is grown into fuch Contempt, Common and Special Bail; Common Bail, is in that now they are only Officers to ferve Writs, Aftions of fmall Concernment ; and is called and do fuch bafe Offices within their Liberties. Common, becaufe any Sureties in that Cafe are Cromp. Jufi. of Peace, fol. 49. a. Yet is the Name taken : Whereas upon Caufes of greater Weight, ftill in good litteem otherwife, for the chief Main divers Towns be called or Bailiffs ; as in Specialty, Special Bail or Surety giftrates
Brail, certainly affigned. The Reaibn num. 8 9.

Croyland. p. (BaUium, plevina, manucaption Cometh of the French {bailler, tradere.) It is ufed in our Common Law properly for the Freeing or Setof one anefted or imprifon'd upting at Liberty on Action, either Civil or Criminal, under Suretaken for his Appearance at a Day and Place
H&All,

were

Francor.

mary of Normandy, of BraBon attefts,

called Bailiffs. See Lupanus de Magijhat. lib. 2. cap. Ballivi. And the Grand Cufiucap. 1.
lib.

And

the

Truth here-

Where

ty

num. y. appeareth, That Bailiffs of Hundreds might hold Plea of Appeal and Approvers. But
3. it

trail. 2. cap. 34.

&

lib.

3.

tract. 2.
is

why

it

Thefe ordinary Errants, and

Bailiffs
Bailiffs

are of two Sorts; Baiof

Franchifes:

Bailiffs

OBaillff,

(.Ballivus)

Cometh from the

French

Word Bayliff, the Name, fo

PrafeBus ProvincU, and as the Office it felf in ancient Time was anfwerable to that of France and Normandy : For as in France there be feveral Parliaments, which being Courts, from which lies no Appeal, and within the Precincts of the feveral Parts of
that
is

Kingdom, that belong'd to each Parliament, there be feveral Province*, unto which, within themfelves, Juftice is miniftred by certain Officers called Bailiffs. So in England, we fee many feveral Counties or Shires, within which Juftice hath been miniftred to the Inhabitants of. each County, by the Officer whom we call Sheriff or Vifcount: The one of which Names defcends from the Saxons, the other from the Normans. . And though I cannot exprefly prove, that this Sheriff was ever called a Bailiff; yet it is propablc, that might have been one of his Names, becaufe the County is many Times called Balliva, a Bailiwick : As in Return of a Writ, where the Perfon is not arretted, he faith, Infranominatus A. B. non ejl inventus in Balliva mea. Kitchen Ret. Brev. f. 287.
that

be thofe which the Sheriff maketh and appointeth to go hither and thither in the County to ferve Writs, to fummon the County, Seflions, Affixes, and fuch like. Bailiffs of Franchifes, Ballivi Francheftarum aut Libertatum, be thofe that be appointed by every Lord within his Liberty, to do fuch Offices within his Precincts, as the Bailff Errant doth at large in the County. Of thefe, read Sir Thomas Smith, De Rep. Angl. lib. 2. cap. 16. There be alfo Bailiffs of the Foreft. Manwood, part 1. p. 113. There be likewife Bailiffs of Husbandry, belonging to private Men of great Subftance, who feem to be fo called, becaufe they difpofe of the Under-Servants, every Man to his Labour and Task, check them for mifdoing their Bufincfs, gather the Profits to their Lord and Maftcr, and deliver an Account for the fame at the Year's End, or otherwife, as it lhall be called for. The Office or Duty of a Bailiff of a Manor, or Houihold, (which in ancient Time feemeth to have been all one ) Fleta well defcribeth, lib. 2. cap. 72, 73. This Word is alfo ufed in the Canon Law, cap. DileSo defent. Excom. in fexto, 8v. I de
Errants, Ballivi
Itinerantes,

where the Gloffographer faith,it is a French Word, fignifying as much as Prxpofttus; and Balliva and Ballivatus is ufed among our Interpreters of the Civil and Canon Law for Provincia, as Balliva here with us in England, is taken for a County or Shire. The Word Balivus is derived from Baal, i. e. Dominus ; quia Balivi dominantur fuis fubditis, Domini. quaft eorum Magijlri ll&aillff. of a Commote (in Wales Balivus Composnisin Clement,

&

ium

motio feems to have fome Power of Judicature within the Precincts of the Commote. For thus we read in Stat. WallU, Balivi autem Commotode cAtero teneant Commotos fuos, exerceant inter litigantes.

faciant

&

&> jujliciam

again, in BraBon, lib. 3. trail. 1. cap. 33. num. 3. and 5 Eliz.. 23. and 14 E. 3. Stat. 1. c. 6. And in the Sheriffs Oath the County is called his
Bailiwick.
cap.

And

And,

think the
Charta,

28.

of
2

Magna

Word Bailiff ufed comprifeth as well

See Moot. a Delivery of Things, whether Writings, Goods, &>c. to another, fometimes to be delivered back to the Bailor; that is, to him thatfo delivered it'; fometimes to the Ufe of the Bailee, that is of him to whom it is delivered ;

TI&aHiB, of tlie Spoor.

bailment,

Is

and

B
and fomctimes alfo
Pcrfon
:

A
it
is

B
delivered to a third

A
;

A cfpeft of the Sheriff, infra Ballham tu.tm. whole Barony, in refpcCt of the Lord or Baron a 3l&.iinbrrua, An iron Armour which covered a Hundred in refpea of the Chief Conftablc the Legs in Time of War. Manor, in rcfpctl of the Steward A Circuit of ^Bairmaii, A poor infolvcnt Creditor left bare Villages and Hamlets, with refpect of the Capi Stat. Wdl. Reg. Scot. cap. 17. tal Manor. and naked. HJalUum, Bail, or Delivery out of the Hands of Bairman, qui debet fieri, jurabit in Curia quod nihil a proper Bailiff or Keeper, of the Goods fo dehabet ultra 5 folidos &> 5 denarios. Catalia Felonum per vifum & balliutn balance of CraDf, A Computing the Value livered. of all Commodities which we buy from Foreign- Coronatorum tradantur. Cart. 3 Ed. I. ex Cartul.tr. of our na- Radingcs, MS. f. 156. b. Ballium dignifies alio a ers, and on the other Side, the Value Earn civitatem cum extive Productions, and Over-plus of foreign Goods, Sort of Fort or Bulwark which we export into Neighbour-Nations. And teriori Ballio a firi bcll.itor urn fucrum infultibus tccuthe Difference or Excefs between the one Side pavit. Matt. Well m. Anno 1265. and the other of fuch Account or Reckoning, is 16allu. It hath been fometimes the Englifh called The Balance of Trade. Whichjixcefs can Cuftom to caft Lots by EaUi. As A. D. 1593. be anfwered by us in nothing but our Coin or 14 Apr. Decanus Ecclefi* rYeUenJis Canonici Rrfi The Overplus of Goods brought from dentiarii miferunt Sortes pro Heneficiis, communiter Bullion. our Colonies in America, and other foreign Parts, nuncupat. Balls. Rcgiltr. Cartar. penes Decan. & with which we fupplicd our Neighbours, did in Capit. Well. Time of Peace at lcaft Balance our Trade. i&atl or 3Bansf, Bannum (Igniiieth a publick
This Delivery
is

called a Bailment.

<

&

H&aleanifer for I&alDaftinilVr,

i.

e.

bearer;

'tig

mentioned

viz. ea die ; Q*c. land call a Proclamation, whereby any Thing is cruent'ffimam de fe reliquit hoftihus viBoriam, l&HOAkinUB, The richeft Cloath, now called publickly commanded or forbidden : Vincent, de Brocade, made with Gold and Silk: Tumble fanBi Franchef. defrif. 25 1, &> 360. Hot toman verbo Bannus,

in Matt.Parif. Annoii^l. Balcanifer, qui ut alii, qui ceciderunt,

a Standard- Notice given of any Thing. The Word is ordi nary among the Feudifts, and grown from thence to other Ules as to that which we here in Eng-

Alhorni obtulit optimum

Baldakinum. Matt. Weftm.

vs/le

in

verbis

Feudalibus,

faith,

That there

is

both

Anno 1260.
pretiofifftmo

Dominus Rex

Baldakino fedens. See Baudekin, fo called, becaufe it was Bans, efpccially in publifhing matrimonial Conformerly brought from Babylon, which in Latin tracts in the Church, before Marriage, That if a Man can fay ought againft the Intention of the was called Baldacus. O0,ilr, A Pack, or Quantity of Goods or Mer- Parties, either in refpea of Kindred, Preconchandife; as a Bale of Silk, Cloth, v. The tract, or othcrwife, they may take their ExcepWord is ufed in t6 R. 2. cap. 1. and ftill in Ufe. tion in Time. And in the Cannon Law, Banna li&.ilrnyf, By the Statute of 28 H. 6. cap. 5. funt Proclamations Sponfi ? Sponfa, in Ecclejiis fieri fcems to be a Kind of Barge, Boat, or Watcr- foliu, cap. 27. Extra drfponf. Qfc. Yet our Word Veffcl. Banning leems to come from thence, being an Balenger rather dignifies a Man of War, tandem Exclamation againft, or Curling of another. in R. 2. BraBon in one Place mentions Bannus Regis, for pent folus fugiens in Balingario. Walfingb. armaverunt quin^ite vafa bellica ifualia BaliB- a Proclamation, or Silence made in Court by Hoftes Idem. the Crycr, before the Meeting of Champions to garias appeliamus. Cum a Combatc, Lib. 3. traB. 1. cap. 21. In terra ditior.is Tl&attuga, A Territory or Precinft. tali libertate, quod per totam Baleugam pojjtt capere fu* Bannum, id eft, interdiBum mifit, quod eft Proin the hibitio, quod nuiius fur aut latro effet, &c. Hiftor. forisfaBum fuum. Charta Hen. x. Recorded Norman. Edit. 1619. fol. 85. b. Banleuca. Dutchy-Officc. See Bannum Bancalli), Cuftiions, or like Coverings of Eafe BJfllPWJ, A Rod: Ferem in manu virgam quam and Ornament, for Benches or other Seats. appeliamus. Mat. Parif. Anno 1252. vulgo Baleys li&alifl.iriU6, A Balifler, or Crofs-bow Man; Prior Elienfis contulit unum dorfale magnum Qp pulGerard de la Wair is recorded to have been Bali- chrum,cum tapetis &P bancslibus ejufdem feci a Altar: in Domini Regis. 2S, 29 Hen. 3. . 25. So Wal- de quibus jam fiunt pro macro Altari fi.xrius terus de Mofeley. Com. Stir, tenet terras per Serjantiam Choro, &> bancalia/w^r formas in Cboro ftemenda in Baliftarius Domini Regis in exer.itu fuo, per Feftis principalibus. Hiftor. Elien. apud Wharton} exiflendi xl dies, Anno 32 H. 5. Ang. Sacr. P. 1. p. 649. And we find it mentit&aliba. In the Statute of Mtrlbridge, 52 H- 3. oned in fevcral Places in the Monafticon, as in ubi Balivam babeat vel Ju- 1 Tom. pag. 222. Septem fcamnorum tegmina, vulg* cap. 2. it is laid,
1247.
-

deaurata fail a de Bannus and Bannum, and that they fignify two Matt. Parif. Anno divers Things. But in England we ufe this Word

&

&

rifdiBionem.

Here Ealtva
;

is

well

Statute

it

fclf

for in this

Place

diCtion. Co. Inft. fol. 105. llPallbo amcnjtndc, Is a Writ to remove a Bailiff out of his Office, for want of fufficicnt living

expounded by the Bancalia, &v. it BatiCUB, A Stall, a Bench or Tabic, on which dignifies JurifGoods arc cxpoied to Sale. As Lib. Doomf-day,
In Eboraro Civitate
I

Comes de Moritomo

habet

in his Baliwick. Reg. Orig. fol. 78. Sec Conders. l?alktrfl or 13ilkPJ0. This Word is. found in Fleta, H&alliirr.
dignifies fopis cxpurgare,

&

xiv manfiones, fiP duos bancos in macelio, Ecclefiam SanB*. Cruets. Banoo;f, A Mudical Sort of Inftrument with
ibi

and Strings,
London,

firft

invented by John'Rofe Citizen of

JBalllUa, A Bailiwick to deliver, or commit.

to

from the Frerfch

Bailler,

living in Bridewell, the 4th Sec Stow Annal. p. 869. Elizabeth.

of Queen

Ballivus was the Perfon an Authority or Trull was committed within fuch a Diftrici. Balltia was the whole DiftriCt, within which the faid Truft was to be executed. A whole County was fo called, in

whom

>

JBane, Proceeds from the Saxon Bana, * Murderer, and fignifies the Deftru&ion or Overthrow of any Thing. BraB. lib. 3. traB. s. cap. 1. nu. 1. He which is the Caufe of another Man's Death, is faid to be le Bane, a Malefactor. So

when

when a Man receives a mortal Prejudice by any lowed that Privilege fince at this Day the Thing, we commonly fay, Such a Thing was his Hundred-Court at Freebridge in Norfolk is held under an Oak at Geywood; and that the Court for Bane. TIBatieret, Bannerettm, Miles Vexillarius, in Mr, the Hundred of Woolfey in Herefordfbire is held unSkene's Opinion feemeth to be compounded of der an Oak near Afbton in that County, which is Earner and Rent. But Cambden in his Britannia, called, The Hundred-Oak. See Free-Bench. lBankerg. The Ufurcrs and mony'd Goldfmiths pag. 109. derives it from the German BannerSir Tho. Smith, lib. de Rep. Angl. cap. 18. firft got the Name of Bankers, in the Reign of beyres. faith, That a Baneret is a Knight made in the Ch. 2. as by the Words of an Aft of Parliament, Field, with the Ceremony of cutting off the Anno 22, 23 Car, 2. Whereas feveral Perfons, being Point of his Standard, and making it as it were, Goldfmiths, and others, by taking or borrowing great a. Banner: And accounted fo honourable, that Sums of Money and lending out the fame again, for they are allowed to difplay their Arms in a Ban- extraordinary Hire and Profit, have gained and acner in the Field in the King's Army as Barons quired to themfelves the Reputation and Name of do. Others add, that Blood mull be firft drawn Bankers, &c.
in the Field. Thefe are Camden's Words, loco ll&anftrupt, Quafi Bancus ruptus, or Bankrupt ; fupra citato ; Banneretti, cum Vaffalorum nomen jam becaufe when the Bank or Stock is broken, or defierat, a Baronibus fecundi erant ; quibus inditum exhaufled, the Owner is faid to be a Bankrupt. nomen a Vexillo Conceffum Hits erat Militaris virtutis The Compofition of the French Word, I take to ergo quadrato Vexillo (perinde ac Barones) uti, unde be this ; Banque, that is, Menfa, and Route, that is, Equites Vexillarii a nonnullis vocantur, &c. Of Vefiigium, metaphorically taken for the Sign left Mr. Segar in the Earth, of a Table once fattened into it, creating a Knight Baneret, read
:

&
to

So that the Original Norroy his Book, lib. 2. cap. 10. That they be next and now taken away. Barons in Dignity, appears by the Statute, feemeth to be drawn from thofe Roman Mevfarii, 14 it. 2. 11. and by y R. 2. Stat. 2. cap. 4. It may which, as appearcth by many ancient Writers, be conjeftured, That they were anciently called had their Tabernas Menfas in certain publick by Summons to the Court of Parliament. And Places, where they fled, and deceived Men that 13 R. 2. Stat. 2. cap. 1. we find, That a Baneret had put them in Trull with their Money, they for praying a Pardon for a Murderer, contrary left but the Signs or Carcaffes behind them. But to the Statute, is fubjeft to all one Punifhment Bankrupt with us fignifies his or her Aft, that with a Baron. Henry the Seventh made divers having gotten other Mens Goods into his Hands, Banerets upon the Cornijb Commotion, Anno 1495. hideth himfelf in Places unknown, or in his own And William de la Pole was created a Banneret by private Houfe, not minding to reftoie to his Edward 3. by Letters Patent Anno regni fui 1 3. Creditors what is due to them. In the Statute Memb. 1 3. Thofe Bannerets who are created fub made 34 H. 8. c. 4. the French Word Banque Route vexillis Regijs in exercitu regali, in aperto hello, Qfi ipfo fair, is literally tranflated to make Bankrupt. Rege perfonaliter pr&fente, explicatis, take Place of And by 1 fac. c. 1 5. a Bankrupt is thus defcribed: Baronets, as appears by the Letters Patent for All and every fuch Perfon ufing, or that Jball ufe the Creation of Baronets. See further Selden's Titles Trade of Merchandife, by of Bargaining, Ex.

&

and Co. Infi. 4. fol. 6. HBango;. See H5onttmu IBatlilfomenf, ExHium, abjuratio, Cometh of the French Word Baniffement, and hath a Signification known to But there be two every Man Kinds of Banijhment in England ; one voluntary, and upon Oath, whereof you may read Abjuration; the other upon Compulfion, for fome Offence or Crime. As if a Lay-man fuccour him that having taken Sanftuary for an Otfence, obftinately refufeth to abjure the Realm, he fliall lofe his Life and Member. If a Clerk do fo, he fliall be banijhed, Staundf. PI. Cor. fol. 1 1 7. This Punifliment is alfo of our modern Civilians called Bannimentum, which was anciently termed (deportatio) if it were perpetual, or (relegatio in injulam) if for a Time. Vincent, de Francbef. Pet. de Belluga
of Honour,
fol.

Way

799.

change, Bartery, Chevifance, or otherwife in Grofs, or by feeking his, her, or their Trade of living, by Buying and Selling ; and being a SubjeB born within this

Realm, or any of who at any Time

the King's Dominions, or Denizen,

fince the firft

Day

of this prefent

Parliament, or at any time hereafter pall depart the Realm, or begin to keep his, her, or their Houfe or Houfes, or otherwife to abfent him, or her ffelf, or
take SanBuary, or fuffer him or her felf willingly to be arretted for any Debt or other Thing not grown or due, for Money delivered, Wares fold, or any other
jufi or lawful Caufe, or good Confederation or Purpofe, or hath, or will fuffer him or her felf to be outlawed, or yield him or her felf to Prifon, or willingly or frauor fhall procure him or her dulently hath, felf to be aror bis, or her Goods, refted, Money, or Chattels to be attached or fequeflred, or depart from his or her Dwelling-houfe, or make, or caufe to be made fraudu

in fuo fpeculo, fol. 125. nu. 4.

Jl&anfe, Bancus,

Cometh of

any

In our Common Law, it is i. e. Menfa. ufuaily taken for a Seat or Bench of Judgment; as Bank le Roy, the King's Bench ; Bank de Common Pleas, the Bench of Common Pleas ; Ktcbin, fol. 102. called alfo in Latin Bancus Regis, Bancus communium Placitorum,

the French Banque,

Grant, or Conveyance of his, her, or their Lands, moft Tenement, Goods or Chattels, to the Intent, or whereby
his, her or their Creditors, being be forefaid, fhall, or

lent

may

Subjects born, as adefeated, or delayed for the

&

Cromp.
Brit,

flraMt jufiitiam ; for inferiour Courts, fuch as Statute of Bankrupt, or liable to the fame. 4 jCourt-Barons, and Hundred-Courts were not al-

Bancum Regium, e> Bancum \fix Months upon fuch Arreft or Detention, pall be acCommunem: There is another Sort of Bank, counted and adjudged a Bankrupt, to all Intents and which fignifies a Place where a great Sum of Purpofes. But the later Aft, 14 Car. 2. cap. 23. Money is let out to Ufe, returned by Exchange, hath provided, That no Perfon whatfoever, who or otherwife difpofed to Profit. Jus Band, or fhall adventure in the Eafl-India, or Guinea the Privilege of the Bench, was anciently allow- Company, or in the Royal Fifhery Trade, fhall eci^only to the King's Judges qui fur.imam admini- be efteemed a Merchant or Trader within any

Juft. fol. calls them

'6~i

&> 91. Cambden

Recovery of their juft and due Debts ; or being arrefted for Debt, fhall after bis or her Arreft, lye in Prifon fix Months, or more, upon that Arreft, or any other Aralfo in his reft or Detention in Prifon for Debt, and in Prifon
lye

Ban' j

BA

\ Shepherd, and both lecm to come from the French ISanleug;. Sec Bannum. Banntarita fo^tia, In the Tame Senfe as Ban- Word Bergerii. BarD alias aBearn. See Cla.k. Ego nitus, Outlawed, or judicially banifhed. H5ar 5Frr, Is a Fee of lod. which DftV'd Films Lcolini concefti Domino Henrico Regi every Pride cttero non receptabo Utlagos, vel foncr, acquitted of Felony, Anglix quod pay* to the Gaoler. ForisbanniatOs ipjius Domini Regit, vel Baronum Crompt. J sift, of Peace, fol. 1 58. Pat. 25 Hen. 3. apud Brady Hill. Angl H&aiaain and jj>alr, As it fecmcth by ft4orum.

Append

, p.

196.

5anni jRuptialPtf, Bencdi&us dc Hcrtclpool, prafentatur at dc Rungcton per Priorem &> Conv. Dunclm. Ecclefiam 14 74- P er emotionem Johannis dc 3 Id. Novcmb. Baulton, qui Matrimonium contraxit cum I label la dc Aflakcby, Bannis editis in facie Eccleftn, ut moEx Rcgid. Walt. Giifard. &>c. and that the Fee-fimpic paffcth thereby, tho'l ris eft de Goldburg. it be not faid in the Deed, To Have and to Hold Archiep. Ebor. The Form of Expulfion of any the Land to him and his Heirs: And though there T5anninuiP, be no Livery and Scilin, made by the Vendor, Member, from the Univcrfity at Oxford, by afthe Sentence in fome publick Places, as a fo it be by Deed indented, feal'd and inroll'd, fixing either in the County where the Land lies, or Denunciation or Promulgation of it. within one of the King's Courts of Records at An Outlaw, or Banifhed Man U&annitlu?, within fix Months after the Date of eidem Cancellario ad infe- Weftminfter, Vobis prxcipimus quod the Deed, according to 27 H. 8. cap. 16. Such &P capiendum diHos Malequendum, arreftandum Bargain and Sale may be made by Leafc and ReBanniios, &>c. Pat. 15 Ed. 3. Part. 3. fadores lcafe, without Livery or Enrolment. dorf. 8. li3arprtT, Is an obfolctc Word fignifying a The utmoft Bounds lBannum, toel UPanlfuga, Shepherd, from the French Berger. of a Manor or Town, fo ufed 47 Hen. 3. Rot. 44. 1l5argI)maBfr. See Berghmafter.

'

The Banns of Matrimony

Symb. Par. 1. Lib. 2. Sett. 436. is properly a Con traS made of Manors, Lands, Tenements, Hereditaments, and other Things, transferring the Property thereof from the Bargainor to the Barwhereto the Author of the New Terms of gainee Law addcth, That it ought to be for Money faying withal, that it is a goodContraS for Land,
;
;

Weft.

&

cio,

Notum faCoenolio Thorne'u. Barrel. Et propter HBarillujB, Barillum, omeleemofynam noftram Chrifto concejjijfe & banc donationem prtediifus Thomas dedit unum banibus SanHis fu'ts, &c. viz. prima Terram illam rillum vim, &V. Cartular. Hen. de Oilly, temp. a Twiwella ufque Therncy, ubi Bannum noftrum Hen. 2. See Barrel. all comBanleitca de Arundel is ufed for cejfat. OBaron, (Ban) Is a French Word, and hath Lands adjoinprehended within the Limits or divers Significations here in England. Firft, It is fo belonging to the Caftle or Town ing, and taken for a Degree of Nobility next unto a VifHift. of Tithes, fag. 75. Seld. count. BratJ. lib. 1. cap. 8. num. 4. faith, Sunt & ffianquerium. See Bancale : Fleta, Lib. 2. ca. alii Proceres fub Rege, qui diruntur Baroves, quafi camera iapetis 6 Banqueriis robor Belli. And in this 6. Debet difponere, Signification it is bor
Carta
Canuti Regis

me

&

\omer.tur,

&c

rowed from other Nations, with

See Barrator. be as

whom

Baroni*

l&arbr f i, (Oxycantha) A Thorny Shrub, known to moft Men to bear a Berry or Fruit red,
and of afharp Taftc. Thcfe Berries, as alfo the Leaves of the faid Tree, arc mcdicinable, as Gerard fheweth in his Herbal, lib. 3. cap. 21. you find them mentioned among Drugs to be garbled. Anno 1 jfac. cap. 9. t3*;bican {Barhicanam) A Watch- Tower, Bulwark, or Bread- Work. Mandatum eft Johanni de
Honoris de Pick Cuftodi Caftri Regis Barbicanum ante portam Caftri Re ering, queddam IKilmyngton maro lapideo, CP in eodem Barbicano
git

H&iiatOj.

as Provinc'u. Petr. Bettuga in fpecul. Princip. fol. 1 1 9. So that Barons fecm to be fuch, as have the Government of Provinces, as their

much

Fee holdcn of the King ; fome having greater, fome leffer Authority within their Territories:
Yet

Times here

&

be probably thought, that of old in England, they were called Barons that had fuch Signiories, as we call Court-Barons, as they be at this Day in France called Seigneurs, And the that have any fuch Manor or Lordfhip.
it

may

Learned
after the

fuch came to the Parliament, and fate as Peers in the Upper-Houic. But quandam portam cum ponte verfatili, &Y. de novo fa- when by Experience it appeared, Thai the Par10 Aug. Clauf 17 Ed. 2. m. 39. liament was two much thronged by fuch Multicere, &Pc. T. Rege, Fontem etiam duplict muro circumdatum habentem bar- tudes, it was in tbc Reign or King John ordain'd, bicanum novem turribus circumfeptum. Rand, de that none fhould come, but fuch as the King for their extraordinary Wifdom, Intered, or QualiDiccto, Anno 1 181. 15'r .'".raiiag6 ; (barbicanagiam) Money given to ty, thought good to call by Writ ; which Writ the Maintenance of a Barbican, or Watch-Tow- alfo then ran {hoc vice tantum.) But then Men er. Carta 17 Ed. 3. m. 6. n. 14. 'Tis a Tribute feeing this Edatc of Nobility tobe'but cafual, and towards the Repairing or Building a Bulwark to depend meerly upon the Prince's Pleafurc, 'Tis mentioned in the Atonaflicon. 1 Tom. p. 976. they obtained of the King Letters Patent, to fettle De kaiagio, muragio, paagio, barbicanagio, &> de fuch Honour upon them, and their Heirs Male, &fc. and thefe were intitled Barons by Patent, or operibus caftrorum, art ), a Bark ; Navis menatoria, &> qua mer Creation, whofe Poderity be now by Inheritance, A Flotskip. ces exp.rtat. and true Dcfccnt of Nobility, thofe Baror.s that Gloff. Sax. JElfrici. HB.-ircaria, Barcaria, A Barkary, or Tan-houfe, be called Lords of the Parliament, of whom the or Place to keep Bark for the Ufe of Tanners, King may create at his Plcafure. Yet nevcrtheas well *s by LetNew Book of Entries, Tit. Affife, Corp. Polit. 2. lefs, there are Barons by Writ, HlBarCarium, Barcaria, A Berghery, a Sheep- ters Patent, and they may be difecrned by their becaufc the Barons by Writ are thofe that coat, and fometimes a Sheep-walk. See Bercaria. Titles HBercarn, or rather 3k3rrquarn, May be taken to the Title of Lord, have their own Surname for Shepherds; for we ufually fay , Bcrecarium a annexed, whereas Barons by Letters Patent are
prtditfi
i

in Antiquities Conqucd, all

have affirmed, That foon

named

Thcfe Barons which other two, anfwereth the Bar in Matters a forewere firft*made by Writ, may now juftly be cal- faid, and takerh Recognizances as the Former. led Barons by Prefiription, for that they have con- He giveth yearly the Oath of the late Mayor and rinued Barons by themfelves and their Anceftors, Gawger of London for his true Accounting. He beyond the Memory of Man. The Original of alfo takcth a Declaration of certain Receivers Barons by Writ, Cambden in his Brit. Pa. 109. re- Accounts, and examineth the Letters and Sums of ferreth to Henry the Third. Barons by Letters fuch of the former Accountants as arc brought Patent, or Creation (fay our Antiquaries) com- unto him. The Fourth Baron is always a Curfitor inenced in the Time of Richard II. For then John of the Court, and hath been chofen of fome one Beaucbamf was created Baron of Kedderminfier. The of the Clerks of the Remembrancers Offices, or Manner of whofe Creation, read in Stow s An- of the Clerks of the Pipes Offices: He attheDay nals, p. 1121. Selden's Titles of Honour, fol. 687.; of Prefixion, takes Oath of all High-Sheriffs, and Fttm't Glory of Generofity, p. 125, 126. Skene del xhejr Under-Sheriffs, and of all Lfchcators, Baiverb. Jigtt. Tit. Ban. And Sir Tho. Smith, lib. 1. lifts, and other Accountants, for their true AcHe taketh the Oath of all Collc&ors, de Rep. Ang. cap. 17. faith, That none in England counting. is created a Baron, unlcfs he can difpend 1000 It. Controulers, Surveyors, and Searchers of the To thefe Segar Cuftom-Houfcs, that they have made true Enper an. or at leaft 1000 Marks. (by Office Norroy) lib. 4. c. 13. Of Honour Civil trances in their Books. He appofeth all Sheriffs and Military, adaeth a third Kind of Barons, cal- upon their Summons in open Court He informling them Barons by Tenures ; and ihofe be the eth the Reft of the Barons of the Courfe of the Bilhops of the Land ; all which, by Virtue of Court in any Matters concerning the King's PreHe likewife, as the other Barons, taBaronies annexed to their Bifhopricks, have al rogative ways had Place in the Upper-Houfc of Parlia keth the Declaration of certain Receivers Acment, and are termed Lords Spiritual. But in counts, and examineth the Letters and Sums of former Days all Men were called Barons: 'Tis fuch of the former Accountants as arc brought Si unto him. certain the King's Tenants were fo called Thefe Barons of the Exchequer are ancient Offi. quis Baronum meorum, Kiel comitum, vel aliorum, Mat. Farif. an. 11 10. cers, for I find them named, Weftm. 2. cap. 11 an. qui de me tenuit, mortuus eft. Fecit notificari per totam Angliam, ut Baro quifquis 13 E. 1. and they be called Barons, becaufe Baterram tenens de Rege in capite, &>c. Matt. Weftm. rons of the Realm were wont to be employed in pap. 317. Afterwards it lignified only Noblemen: that Office. Fleta, lib. 2. cap. 24. Sir Tho. Smith Nam ft ilii Barones poft mortem Pepini, ftc fano confi- faith of them, That their Office is to look to the Accounts of the Prince, and to that End lio egerunt, ut pax inter fratres Regis &> inter regni they Where 'tis have Auditors under them, as alfo to decide all Primores ac populum eftet. Du Frefne plain that Barones and Primores have the fame Caufes appertaining to the King's Profits, coming into the Exchequer by any Means. This is Signification. proBardn in the next Signification, is an Officer, ved in Part by the Statutes of 20 E. 3. cap. 2. as Barons of the Exchequer, of whom the Princi- 27 E. 3. Stat. 2. cap. 18. J R. 2. Stat. 1. cap. o, pal is called Lord Chief Baron (Capitalis Baro') and Sf 12, 8" 14 R. 2. 11. And hereupon they have the three other (for fo many there be) are his of late been Men learned in the Common Laws of Afliftants in Caufes of Juftice, between the King the Realm, whereas in ancient Time they were and his Subjefts, touching Matters appertaining others, viz- Majores <> difiretiores in Regno, five de to the Exchequer and the King's Revenue. The Clero ejfent, five de Curia. Ockham in his LucubratiLord Chief Baron is the Chief Judge of the Court, ons, De Fifci Regii ratione. Home's Mirror of J-uft. and in Matter of Law, Information and Pica, an- faith, That the Barons were wont to be two, and fwereth the Bar, and giveth Order for judgment they Knights. Cap. de la place i'Efeheicr. There are alio Barons of the Cinque-Ports; thereupon. He alone in the Term-Time fits upon Nifi prius, that come out of the King's Re- 31 E. 2. 3. 2. 33 H. 8. tap. 10. which are two membrancer's Office, or out of the Office of the of every the feven Towns of Haftings, Wtnchelfea, Clerk of the Pleas, which cannot be dilpatcht in Rye, Rumney, Hithe, Dover, Sandwich, that have the Mornings for want of Time. He taketh Re- Places in the Lower Houfe of Parliament. Cromp. cognizances for the King's Debts, for Appearances Jur. fol. 28. and obferving of Orders. He takcth the PrefcnBaron in the Third Signification, is ufed for the tation of all Officers in Court under himfelf, and Husband in Relation to his Wife, which is fo orof the Mayor of London, and fees the King's Re- dinary in all Law Books written in French, that membrancer give them their Oaths He taketh it would be vain to mention any one. the Declaration of certain Receivers Accounts of The Chief Magiftratcs of London were alfe calthe Lands of the late Augmentation made before led Barons, before they had a Lord Mayor, as him by the Auditors of the Shires ; and gives two will appear by the City-Seal, as alfo by feveral Parcel-makers Places by Virtue of his Office. ancient Charters, particularly one of H. 3. in The Second Baron, in the Abfence of the Lord thefe Words, Henricus Rex. Sciatis not concejftffe &> Chief Baron, anfwers the Bar in Matters aforefaid. hac prtfenti Charta confirm affe Baron ibus noftra He alfo taketh Recognizances for the King's noffris de Civitate London, quod eligant fibi Mayor Debts, Appearances and obferving of Orders : He de feipfis fingulis annis, &c. See Spelman's Glojf. at giveth yearly the Oath of the late Mayor and large upon this Word. Efcheator of London, for the true Account of ISaroneS rcgi0 were either of the King's Fathe true Profits of his Office He taketh a De- mily, or thofewho held their Lands immediateclaration of certain Receivers Accounts. He alfo ly of him. examineth the Letters and Sums of fuch Sheriffs TSaroner, Baronettus, Is a Dignity or Degree of and hath Precedency before Banerets, foreign Accounts, as alio the Accounts of Efchea- Honour, a: tors and Colle&ors of Subfidies and Fifteenths, as Knights of the Bath, and Knights Batchelors, ex are brought unto him by the Auditors of the cepting only fuch Banerets as are ma.de/ub VexiUis Court. The Third Baron, in the Abfence of the atierto Bello, 8 ipfo Rege perfonaliter prafente. \Regiis in 1 This
ranted by their Baronies.
!
'

&

This Order was ercftcd by King James, io"i 1. as which if the Plaintiff can fliew by way of Replicam. 8. & tion, then except he have a more cfoecial Plea may appear in Rot. Part. 10. Jac. Par ro. with an Habendum ftbi ftc or Barr to be 14 Jac. Part. X. m. 24. allcdgcd, he is to be condemned lUredibus wafnlti. Therefore wc may believe, in the Aaion. See alfo Plow, in cafu fupra citato that where tne Word Baronets is mentioned in fol. 28. and Bro. Tit. Barr, num. 101. and Kiuhin, our Old Statutes, and ancient Authors, it is Mi- fol. 2 5. z Infi. fol. 66> And Seldtn'i Barr alfo in the fame (taken for Banerets. Signification, ii divided into Barr Material, and Barr at Titles of Honour, fol. 736". large. Kiuhin, fol. that Honour 68. A Barr Material, as it SJirOtir, (Baronia, Baronagiunt ,)Is fecmeth, may be othat gives Title to a Baron, under which Notion therwife called a Birr Special At when one in arc contained not only the Fees and Lands of Stop of the Plaintiff's Aaion, plcadcth fome parTemporal Barons, but of Bimops, who have two ticular Matter, as a Defccnt from him that was Eftaics, one as they arc Spiritual Men, by Rea- the undoubted Owner, a Feoffment made by the fon of their Spiritual Revenues and Promotions, Anccftor of the Plaintiff, or fuch like. A Barr at as was the Tribe of Levi among the Ifraelites, large is, when the Tenant or Defendant, by way Firff Fruits and of Exception, doth not travcrfe the Plaintiff s being fuftaincd only by the Tenths of the other Tribes. Jojb. cap. 13. ver. 14. Title, by Pleading Not guilty, nor confefs or aThe other grew from the Bounty of our Englijb void it, but only making to himfelf a Title in his have Baronies at the leaft, Barr. As if in an Kings, whereby they Afize of Novel Diffeiftn, the Teand oy that are Lords of Parliament. In ancient nant plead a Feoffment of a Stranger unto him, Times thirteen Knights Fees and a Quarter made and gives but a Colour only to the Plaintiff ; of up a Tenure per B*w"<m,which amounted to 400 this, there may be an Example found, j fl. 7. Marks per annum. This Barony (according to fol. 20. Barr is alio in regard of the Effcft, diBraff. lib. 2. cap. 34.) is a Right invifiblc, and vided into Barr perpetual, and Barr pro tempore: therefore if an Inhcritancebeto be divided among Perpetual is that, which ovcrthrowcth the A&ifome capital Mcffuages may on for ever. Barr pro Coparceners, though tempore is that, which is be divided, yet, Si capitate Mejfuagium fit caput good for the Prefcnt, and may fail hereafter. Cmitatus,vel caput Baroniae ; he faith, They may Sec Broot.Tit. Barr, nu. 23. where he faith, That not be parcelled. The Reafon is, Ne fie caput to plead Pltne adminifiravit is good, until it may & plura Jura Comita- appear, that more Goods came to the Executor s per plures particulas dividatur, Baroniarum deveniant ad nibilum, per quod Hands afterwards Which alfo holdcth for an tuum ex Comitatibus Gp Baroniis dici- Heir, that in an Aftion of his Anccftor's Debts, deficiat regnum, quod There are other Barons which pleadcth Ritas per defcent. This Word is alfo us'd tur ejfe conjlitutum. bear that Title to this Day, but arc no Barons of for a Material Barr, as the Place where Serjeants Such were thofe conftituted by at Law or Counfellors ftand to plead Caufcs in Parliament. Hugh Lupus Earl of Cbefler, in the County Pala- Court, or Prifoners toanfwerto their Indi&mcnt; tine there ; as the Baron of Malpas, the Baron of whence our Lawyers, who are called to the Barr, Kinderton, &V. The Manor of Burford in the Coun- or licenfed to plead (in other Countries called wns found by Inquifitionia^t. 40 Erf. 3. Licentiati) are termed Barraflers. 24 Hen. 8. c. 04. ty of Salop teneri de R'ge ad inveniendos 5 homines pro Exercitu See Blanl-Barr, l&dCra Ami, vel Argtnti : A Barr of fol id MerVaUU,SP perfervitium Baronix, ana the Lord thereof (Sir Gilbert Cornwall) is called Baron of tal. is no Baron of Parliament. ZSarmria, A Hedge or Fence for a Barritr, or Burford ; but The Baronies belonging to Bifhops are, by fome, Mound in Land iedimus quietantiam Tratribus called Regalia, becaufc ex fola liberalitate Regum S. Johannis Jcrufalem, de inter metai purprefiura a Regibus in feudum tenentur ; and Haiae de Halewodc, in Nottingham eis dim concejfa fita apud thofe Royalties did not conftft in one Barony a- Winkebiri,<fc viis, airis & dimid. &defitu BarrariaS Cam Ric. lonc, but in many for Tot erant Baronix quot fua, &* de nafli Communis bofci. Stubbs, writing of the Archbi- Reg. i. majortt prtdia. That Rex iratus tres Barorfrreffpr {Barrafierius, Rtpagularists Caultditus.) fhops of York, tells us, See Utter Barrafer. nias Ar.hiepifcopatui Eboracenjl ex antique ccUatas tidem annexas feijiri fecit. H&anaro,* or UJarrefPJ, (BareBator, French IBttrr, Barra, Cometh of the French (B/rm) Barateur, a Deceiver ;} is a common Mover or or Barriere, that is, Repagitlum, Obex, VeRis. In Maintainer of Suits, Quarrels or Parts cither in the Legal Senfe it denotes a peremptory Excepti- Courts, or elfcwherc in the Country; and is on againft a Demand or Plaint, and is by the Au- himfelf never quiet, but at Brawl with one or cithor of the Terms of the Law faid to be fuch a ther. Qui cum Terentiano Daw omnia ptrturbat Plea, as is fumcient to deftroy the A&ion of the TothisEffeft you may read Lamb.Eiren, p. 342. Plaintiff for ever: And is divided into a Barr to who faith alfo, That Barator may fecm to be decommon Intendment, and a Barr Special, A Barr rived from the Latin Barator, or Balatre, that is, and by a Metaphor to common Intendment, is an Ordinary or Gene- a vile Knave, or Unthrift Sec the Statute of ral Barr that ordinarily difablcth the Declarati- a Spot in a Common-wealth. on or Pica of the Plaintiff. A Barr Special, is Champerty, 33 Ed. 1. Stat. 2. cap. unico, and Weft 1. c. 32. An. .that which is more than Ordinary, and falleth out 3 E. I. Mr. Skene de vtrb. fignif. Tit. in the Cafe in Hand, upon fome Special Circum- Barratry, faith, That Barrators be Symonifts, fo Plow. Com. Coltbirft's Cafc.^i)/. called of the Italian Word Barrataria, fignifyin ftance of the Fa&. As for Example, An Executor being Corruption or Bribery in a Judge, giving a fall 16. a. b. whom you may read more fucd for his Tcftator's Debt, pleaded, That he Sentence for Money had no Goods left in his Hands at the Day the at large, as alfo Hortenjius Cavalcatms in his Writ was taken out againft him This is a good TraH. de Brachio Regio, p. 5. nu. 66. See alfo EgidiBarr to common Intendment, or {prima facie). us Bofpus in praBiea criminal'/, Tit. de Oficialibus corBut yet the Cafe may fo fall out, that more rupt. &c. nu. i, j 6. & Co. lib. 8. fol. 36, 37.
:

&

&

&

Goods might

fall to his

Hands

fince that

Time

tfar:

Is a Meafure of Wine, Oil, &V. conthe eighth Part of a Tun, the Fourth of taining a Pipe, and the Second of a Hogfhead, that is, I J?. J. cap. I thirty-one Gallons and an half. J. But this Veffel feemeth notto contain any certain Quantity, but diffcreth according to the Liquor: For a Barrel of Beer conraineth thirty-fix Gal-

Garret,

their Land. Now Bafe Tenants, be they (according to Lambard, in his Explication of Saxon Words, verb, paganus,) which perform to their Lords Services in Villcnage. The Author of the Anno Terms of the Law, faith.That to hold in Fee Bafe, lons, and a Barrel of Ale but thirty-two. is to hold at the Will of the Lord. Kitchin, fol. 41. 23 fl. 8. cap. 4. and by 12 Car. 2. cat. 25. l)f fato aiffife of tl)trrp.ttoo d3aHons of J3Une*J^ea* makes Bafe Tenure and Franck Torture, to be and puts Copyholders in the Number fure, tohicl) ia about tVrentpsfiobt <25aIlona of Contraries, flDlo >tanDarr, toell patfceo, containing in etoe? of Bafe Tenants; whence it may probably be conat jectured, that every Bafe Tenant holdeth at the rj> Barrel ufiuH>> a 2Cl)oufanD full igerrtnga that there is a Diffeleaff, uS, ano fljall be taken fo? qooD, true, ano Will of the Lord, but yet Anno 13 Eliz. rence between a Bafe Efiate, and Villenage ; which latoful 3fu"ife Of ^erring Barrels. c. 11. Fitzh. in his Nat. Brev. fol. 1 2. feemeth to interarriPrg, Cometh of the French Word Banes, mingle. For to hold in Villcnage, is to do all and fignifieth with us that which the Frenchmen that the Lord will command. So that a Copya Martial Sport holder hath but a Bafe Efiate ; not holding by docall Jett di Barres, I.e. PaUfira, of Exercifc of Men armed, and fighting together ing every Commandment of his Lord, he cannot with fhort Swords , within certain Bart or be faid to hold in Villenage. And I will not unLifts, whereby they are feparated from the dertake to determine, whether Copyholders by here in Cuftom, and Continuance of Time, have lhakcn Spectators : It is well grown out of Ufe off that extream Servitude, wherein they were at England. llfarrolr, A large Hillock or Mount of Earth, firft created, altho' Fitz. loco citato, faith, Tenure raifed or caft up in many, cfpccially the Weltern by Copy hath grown but of late Years. Baffler (Bafelli) a Sort of Coin abolifhed by Parts of England, which may feem to have been a Mark of the Roman Tumuli, or Sepulchres of Hen. 2. Anno 1 1 jS. This Tear the King altered his the Dead. From the Saxon Boerg, a raifed heap Coin, abrogating certain Pieces called Bafels. Hollinjh. of Earth : Or rather from Beam, Beora, which was pag. 67. afelaro, or BaGDatll, in the Stat, is fl. 2. commonly taken for a Grove or Toft of Trees on the Top of a Hill. See Mr. Kennel's Gloffary cap. 6. fignifies a Weapon ; which Mr. Squeight, in his Expofition upon Chaucer, calls Pugionem to Paroch. Antiq. in the Word Barrow. velfiJl&arter, May probably be derived from the cam, A Poniard ; Arrepto Bafillardo transfixit Jack French Barater, Circumv. nire. It fignifieth in our Straw in gutture. Knighton, lib. 5. Cum alio Books, Exchange of Wares for Wares. An. 1 R. 3. Bafillardo penetravit latera ejus. Idem, pag. And fo the Subftantive Bartry, 13 Etiz> *73 J cap. 9. that Bafderii, A. D. 11 80. Nova Moneta currit in cap. 7. The Reafon may be, becaufe they chop and change in this Manner, do endeavour Anglia poll Bafelers, circa Fefium Satiili Martini. for the meft Part, one to over-reach and circum- Annal. Wavcrl. fub Anno 1180. Baft leu*, /. e. a King. 'Tis mentioned in fevent the other. H&atton, Is a Term ufed in Devonpire, and o- veral of our Hiftoriaus, and feems peculiar to the thcr Parts, for the Demefne Lands of a Manor; Kings of England. Monafiicon, Tom. i.pag.6$.Ego fometimes for the Manor-Houfe it fclf ; and in Edgar Mitts AnglU Bafifeus confirmavi. So in Rage fome Places for Out-houfes and Fold-Yards. In 84, 93, 102, 140, 218, 236. and s Tom. pa. 838, the Stat. 2. and 3 E. 6. cap. 12. Barton Lands and 840, 841. Flor. Worcef.pag. 617. Ingulpbus.pa.884. Demcfhe Lands, are ufed as Synonyma's. See Malmef. 58. Mat. Panf. 156, 1 J 7. Hovedon, p. 426,
Berton.

Vide Bas Efiate. IBaft fee. UPafe 42ttatP, Is in true French Bas EJlat. It fignifies that Efiate which Bafe Tenants have in

Bafla Cenura, Bafe Tenure, or holding by or other Cuftomary Service, as diftinguiflit from Alta Tenura, the Higher Tenure in voce. Capite, or by Military Service, &c. Manerium de 10afarot, S- whether Pattens, or Clogs, or Cheping Farendon, cum pertinentiis, eft de antiquo Inter Injun&iones Philippi Reping- dominico conn* Domini Slop-fhoes, Regis, unde omnia praditla ttdon Epifopi Lincoln, datas Vicariis, Ludimagifiris, nementa funt parcelia, Sp de baffa tenura ejufdem Item quod difii Vicarii Clerici manerii. Confuetud. Domus de Farendon, MS. &V. An. 14.10. prtcipue cum fuerint revefiiti, inhonejlis to- f. 44. qiticunq; cum longis manicis, qua vulgariter Pokes noA Collar for Cart-Horfes, made of li>affp, gis fuis ac etiam bafardos minantur, non utantur Sfcalapo- Straw, Sedge, Rufhes, &c. A. D. 1425. The Burdia deponant, qua in Ecclefia Jlrepitum faiiunt ge- fars of the Priory of Bunefler Com. Oxen, account tierant malum fonum. in tribus coleris, uno baffc, cum tribus capifiris Reg. Rcpingdon Epifc.
Villenage

or inferior Knights by Tenure of a bare Military Fee, as diftinguifhed from Baronets andBanercts, who where the Chief or Superior Knights. Hence we now call our bare fimple Knights, inferior to Baronets, &>c. Knight-Bachelors, i. e. Bas Chevaliers, which in all Likelihood gave Name to the Academical Dea Quality lower than that gree of Bachelors, as of Mafters and Doftors. So in France they call the Suburbs the bajfe Ville, or the inferior Town. See Mr. Kenneth Gloffary to Paroch. Antiq. in

T&8B

CbrtJalicrff,

Low

USafrmum, A Bafnet, or Helmet. By Inqu. 22 Ed. 3. after the Death of Laurence de Raftings Earl of Pembroke thus : Quod quidem manerium (i. e. Afton Cantloue)^er/e tenetur de Domino
Rege
in capite per fervitium inveniendi

435-

peditem

cum arcu

fine chorda,
fitis

unum hominem cum uno balhero, five

propriis, quotient fuerit

cappa per x! dies fumptibus guerra in Wallia. '

&

&

&
is

Line.

Court, Is any inferior of Record, as the Court-Baron,

TiSaft
'

Court,
&>c.

that

Of

Paroch. Antiquities, not the Bajfe for kneeling in Churches. this read
v. fol. x- den. ob.

p. j 74.

Hence

Kitchin, fol. 95, 96, 8Pc.

Bat*

BA

coNation, Is a French Word figuifying a Stan Baffinft a Skin with which the Soldiers vered thcmfclvcs ; from the Saxon, Bafang, or Club, and by the Statutes of our Realm, denotes one of the Wardens of the Fleet:, Servants Cblamys. Britifli Baftard, or Officers, that attendeth the UBitfarO, Baftardus, From the King's Court with at tha is Notbus or Spurius ; Is one that is born of a painted Staff, for the taking into Cuftody fuch fo that his Father is as are committed by the Court ; and fo it i. any Woman not married ; ...y not known by Order of Law, nnd therefore is ufedin 1 R. 2. is. j Eliz. cap. 13. Sec Trayle called Filius Populi, the Child of the People. Bafton, and

Cm

pater

eft eft

populus, pater ejlfibi

miUus

& omnis

Cut pater

populus, non babet ipfc patrem.

Bafu0. Per bafum tolnetum caper*, To take Toll by Strike, and not by Heap; per bafum be Tolnetus ing oppofed to in cumulo vel cant lie. ad molendinum Jit fe.undum confuctudincm regni

Tipftaff.

Spelman very rationally derives menfurt per quas tolnetus capi debet jint toncordantei the opprobrious Name of Baftard, from the Nor- menfuris Domini Regit, &P capiatur tplDeta* per La Confuctud. man bas, and Saxon Steort, Rife or Original ; as fum, & nhbilin cumulo vel mntello, The like Domus dc Farcndon, MS. fol. 41. a Perlbn of a bafe and vile Extract.

The Learned

Termination and Senfc remain in Upftart, a Fellow of a new and late Rife. Such Baftard cannot inherit Land, as Heir to his Father, nor can any but the Heir of his Body take Land as his Heir. If a Child be begotten by him Littleton, feci. 401.

IBarablf

Cfyour.D,

Was

the

Land lying

be-

tween England and Siotland, heretofore, when the Kingdoms were diftinct, in Qucftion to whom it belonged. 23 H. 8. 6. and 3a H- 8. p. The Word fcems as if we fliould fay Debatable Ground, or that marries the Mother after the Child's Birth, Land about which there is Debate, according to of Law a Baftard, tho' the Opinion of Skene. See Lamb. Brit. Tit. Cumis in the yet it Judgment the Church holds it legitimate. Stat, 20 H. 3. 9. berland. and 1 H. 6. 3. Co. on Lit. 244. If a Man take a TU>atl), called by the Britons Badiza, and Ai/ua Wife who is great with Child by another, who fills by the Saxons. See Aqua foils, Acemanna was not her Husband ; yet the Child, tho* born Ceafter, Batban-cefter, Batbon. Lat. A.emanni Cibut one Day after the Marriage, fhall be Heir to vitas, i. e. the City of fick Men who refbrt thi the Husband. So if ,one marry a Woman, and thcr. Now called Batb, in Somerfetfbire. "Tis mentinever bed her, but die before Night, and flic XSartro^ia, i. e. a Fulling-Mill. have a Child after, yet it fecms he fliall be ac- oned in the Monaft. 2 Tom. p. 832. vii. Ufque counted his Child, and legitimate. See the Eng- ad ftagnum molendini ipftus Wiliielmi cum Buttorio, IfaManor Woman marry a (for Batitorio) Cf a gardir.o fito ubique,SiC lilh Lawyer, 117. 15a(fuiamf, Sax. Bat, a Beat, and Swaine a fecond Wife or Husband, the firft Living, and fuch Iflue is a Baftard. Servant ; a Mariner, or Boatfwain. Dome/by that fecond have Iffue, 18 E. 4. 26. If a Wo- day. 39 E. 3. 14. 7 H. 4- 49man elope with a Stranger, and hath a Child by 26attfl, Duellum, Signifies in our Common him, yet if the Husband be infra quatuor Maria, Law a Trial by Combat The Manner whereof, he is legitimate, and fliall inherit the Husband's becaufc it is long, full of Ceremonies, and now Lands. 44 Ed. 3. 10. 7 H. 4. 10. For the Pu- totally difufed, the better to undcrftand, I refer nifhment of the Mother and reputed Father of a you to Glanvile, lib. 2. cap. 3, 4, J- Bratt. lib. 3. fee 18 Eliz. cap. 3. He that gets a Ba- trait. 2. e. 21 .fol. 140. Brit. c. 22. And Sir Tho. Baftard, the Hundred of Middleton in the County Smith de Rep. Ang. lib. 2. t. 7. C> lib. 2. cap. 3. See flard in of Kent, forfeits all his Goods and Chattels to the Combat. Ed. 3. Before the Stat, j Igarterp, (from the French Batre, to ftrike, or King. M- S. de temp. 21. one was adjudged a Baftard the Saxon Batte, a Club,) is a violent Striking or 2 3 Ed. 6. cap Viae, de temp. Job. Regis, Lin- Beating any Man ; for which, in regard it tends quia jilius facerdotis to the Breach of the Pqace, the Party injur'dmay coin 22. a Kind either indict the other at the Seffions, or have his H&aftarfl, Barftardium, fignifies Iikewife of Weapon. Abfque armis, gladiis &> barftardiis, Action of Trefpafs of AJfault and Battery againft him, and recover what the jury will give him ; &>c. Clauf. 17 R. 2. dorfo, TIBaCarop, (Barftardia) Cometh of the French which Action will lie as well before as after the Word Baftard, and fignifies a Defect of Birth, Indictment. But if the Plaintiff made the firft to one begotten out of Wedlock. BraH. Affault, the Defendant fhall be quit, and the objected How Baftardy is to be proved, or Plaintiff fliall be amerced to the King for his falfc lib. 5. cap. 19. fee Raftal's. En- Suit. In fome Cafes a Man may jullify the moenquired into, if it be pleaded ; Tit. Baftardy, 104. and Kitchin, fol. 64 derate Beating of another, as the Parent his tries, who mentions Barftardy Special, and Baftardy Ge Child, the Matter his Servant or Apprentice, &>c General is a Certificate from the This Battery the Civilians call Injuriam perfinalem, vera! Baftardy of the Diocefe to the King's Juftices, af- quia perfina infertur per verbera, Wefimb. par. Bifhop ter juft Enquiry made, that the Party enquired T de injur. Qp fam. libeli. of is a Baftard, or not a Baftard, upon fome QucISatrle, Batellus, A little Boat. In the Reign is a Suit of Edw. III. ftion of Inheritance. every great Ship landing at aillir.gfBaftardy Special commenced in the King's Court, againft him that eate ii; London, paid for Standage two Pence; eThe calleth another Baftard ; fo termed, becaufe Ba- very little Ship with Orelocks, a Penny leuer Boat, called a Battle, a Halfpenny. Sec is the principal and Special Cafe in Trial, ftardy and no Inheritance contended for. And by this Stew's Survey of Lond.f. 22 J. it appeareth, that in both thefe Significations Oitafue, A Boat, and Batellus, a little Boat. is rather taken for Examination or Concefftt etiam eidem Hugo Wake, &V. quod Prod. AbBaftardy whether a Man's Birth be legiti- bas, &c. de Croyland babeant tres Batcllos in HarTrial, mate or not, than for Baftardy it felf. See nolt, Qpc. Cart. E. 1. 20 Jul. 18. Regni. See Bro. Tit. Baftardy, n. 29. and Dr. Ridly'i Book Libera Batella. 'Hence we have an old Word we call Boat/wains, pag. 203, 204. Batfweynes, for fuch as now
: I

&

&c

__I

vulgarly

B
Cymba
claftis.

A
Lit. 233.

B E

H5patt0 nnD ^otol Of Jtllarren, Arc only thefe, a Ship. It is a very frivovulgarly the Bofon of Kefcio an no- the Hare, the Coney, the Pheafant, and the Parlous Conjecture of Dr. Skinner, a Teutonico Bott, Nuncius, q. d. tridge, as appears by the Regifter of Writs./! oj. firum Boat ortum fit -It is more certain the in brevi de tranfgrejfone, F. N. B. fol. 86, 87. Co. on internuntia

Latin Batus, Hifp. Batel, Ital. Baulk, came from the Saxon Bdt. and that from the old Brit. Bad,

lBeaHia!*.

See

Beftials.

BeatipleaDer, (Pulcbre Placitar.do) Is made of Irijh a Bottom, which is frill a common Word fbr a two French Words Beau, Formofus, Pnlcber, and marine Veflel : Whence Bottomry, when the Ma- Plaiier, Difputare, Caufum agere; and Signifies in tter of a Ship borrows Money upon the Credit of Common Law a Writ upon the Statute of Marlhis Bottom. bridge, 52 H. 3. c. II. whereby it is provided, Is an old Word fignifying That neither in the Circuit of Juftices, nor in 1Baubel0, (Baubella) Annal. f. 440. Counties, Hundreds, or Court- Barons, any Fines Jewels. Ro. Hoveden. part, pofter. fuor. fhall be taken of any Man for Pair b. Tres partes tbefauri fui &> omnia Baubella fua Pleading, that is, for not pleading fair, or aptly to the Purpofe; amiftt. or Tiflue upon upon which Statute this Writ was ordained, aISfiunefejW, Cloth of Gold, See which Figures in Silk, &>c. were imbroidered. gainft thofe that violate the Law herein. F. N. B. Definition is to this EfIn die S. Jobannis Evangetift* (Anno 1285.) Antoni fol. 270. whofe us Epifcopui Dunelm. Eccleftam ingreffut duas Bau- fect: : The Writ upon the Statute of Marlbridge, for not Pair Pleading, lieth where the Sheriff, or dckyns biftoriam Nativitatis Dominic* continentes eat ad ornandum magnum Allare in Fejio other Bailiff, in his Court, will take Fine of the obtulit, Hift. Dunelm. apud Whartoni Party, Plaintiff or Defendant, for that he pleadNatalitii atftgnaiiit. Baldcki- eth not fairly. And it wasaswell in refpeft of Ang. Sacr. Par. 1. p. 747. Baldicum mon, anno 4 Hen. S. cap. 6. erat pannus auro rigi- the vicious Pleadings, as of the Pair Pleadings,

which

in prefent Welfb

and

is

a Boat.

Hence

&

&

dus, plumatoqite opere intertextus.

Ht5ai>

Vet fome Authors way of Amendment.

by

it Cloth of Silk only. or Pen, Is a Pond-head, made up of a fo that the Houfe of new married Pcrfons, or other poor great Height to keep in Store of Water, [account the Wheels of the Furnace, or Hammer belong- People, and then for the Guefts to contribute to the Water the Hftufekeepers. See Bidale. ing to an Iron Mill, may be driven by H5eofF, Bedellus, Is derived from the French coming thence through a Paffage or Flood-gate, Alfo a Harbour where Ships Word Bedeau, which fignifies a Maffcnger, or called the Penftock. ride at Sea near fome Porr. The Word is men- Apparitor of a Court, that cites Men to appear, tioned An. 27 Eliz. cap. 10. Bucban. in his Hift. and anfwer. It is alfo an inferior Officer of a Parifli or Liberty, well known in London and the it Bei, and expounds it by SiScot.fol. 7. writes Suburbs. Manivood in his Foreft-Laws, cap. 21. nus Maris. beacon, A kind of Saxon Word betokening a faith, That a Beadle is an Officer or Servant of the Foreft, that doth make all Manner of GarSignal ; It is well known. 8 El. cap. 1 3. Beaconage Mainte- nifhments for the Courts of the Foreft ; and alfo (Beaccnagium) Money paid towards the nance of a Beacon, and we ftill ufe the Word to all manner of Proclamations, as well within the Becken, to give Notice unto. See the Stat. 5 H. Courts of the Foreft as without, and alfo to exeHe is like un4. and Lorft Pat. 28 H. 6. part. 2. m. 11. Pro Sig- cute all the Procefi of the Foreft to a Bailiff Errant of a Sheriff in his tiis, Anglice Beacons, Vigiliis. And Pry*s AniCounty mad. on 4 //?. /. 134, and 13 j. Sec Firebare. Edgarus interdicit omnibus Miniftris,id eft,VicecomitiH3eaP, or 31&PDP, (Sax. Bead, Oratio). So that bus, Bedellis, &> Balivis in patria Girvirum,
:

2 Part, Infl. fol. 122. jfetD^alP, or Bid-ale, Was a friendly Aflignati6'n made for Neighbours to meet, and drink at

&

is to fay Our Prayers. They were ne introeant fines &> limites diBi marifci. Ingulph. moft in Ufe before Printing, when poor People Hift. Croyl. The Word Bedel, properly a Crier, could not goto the Charge of a manufcript Pray- was Sax. Bydel from Bydde, to publifh or declare: er-Book. Thefe are mentioned in 27 H. 2. c. 26. As to bid and forbid the Banns of Matrimony, bidand 3 Jac c. j. ding of Prayers, &c. Hence the Unicerfity Bedels, H&eam is that Part of the Head of a Stag where the Bedel of Beggars ; the Church Bedels, which the Horns grow ; from the Sax. Beam, i. e. Arbor; we now call Summoners and Apparitors. becaufe they grow out of the Head as Branches Ubeoe;l)OUff, An Hofpital, or Alms-boufe for out of a Tree. Bedes-men, or poor People, who prayed for their of Wooll. See Founders and Benefactors, from Sax. Biddan, to H&ear&iiljj, alias fl&arDMB*

to fay Our Beads,

Clack.

DgeoelatT, Bedelaria, is the fame to a Bedel, as ano oetermme of ggaintenoj*, Bearors, Baliva, a Baliwick,isto a Bailiff. Lift. lib. 3. c. 5. ano sronfpirato^B, ano of rljofe trjat commit Will.filiui Ada tenuit Bcdelariam Hundredi de MacSuch clesfield, &c. Ex Rot. Antiq. (Jlfjampflrff, &c. Anno 4 Ed. %. cap. 11. as bear down or opprefs others ; Maintainers. oi&eoercpe, or ll&iorepe (from the Sax. biddan to 36fftfi0 Of the This Ojteff, (Pert, fyheftres) Are thofe entreat or pray, and repe, to reap Corn.) jf that are otherwife called Beafis of Venery, and Cuftomary Service of inferior Tenants, was call'd are five : The Hart, the Hind, the Hare, the in the Latin of that Age, Ptecaria, bedrepium, &>c. Boar, and the Wolf: Antiquitas Btitanriu, writ- Signifying a Service, which fome Tenants were ten before the Conqueft, fol. 43. Holinth. De- anciently bound to perform, as to reap their fcription of England, p. 106. b. 30. Book of St. Landlords Corn in Harveft, in Imitation of which, Albans, f. 30. Budaus, lib. 2. dt Pbilohgia, and di- fome are yet tied to give one, two, or more Daysvers others. work, when commanded, called in fome Places, fl&iafte Of Ifl8fr, (Per* eampefttes) Alio are Boon- days. Debent venire in Autnmno ad precariam five ; viz The Buck, the Poe, the Fox, the qu* vacatur a le Bederepe, Pla. in Craft. Pur. iofl. Martern, and Roe. Man-wood's Foreft Law. Part. 3. Rot. 8. See Magna Precaria and Pricaria.
t

%m?p

lufficeg

Pray.
of SUtt^c f&aH enquire,

Ijear,

2. cap. 4.

num.

2.

H5eoe*

which we now call Banaiti, fnefir of tfip ^lerj. Sec Cl^y. excommunicated Perlbns. The enprFfh, Was a Service which the Tenant Word is mentioned in Mat. Pari/. Anno 1258. rendred to his Lord, with his Plough and Can. Bcdcwe- Lamb. bin. p. 41 1. and Cok* on Littleton, Sicque fatta efi pax difperfis pradonibus quos p. 86. a. Sometimes called Benryrden, and ros vacant. heryrdtn. with Antivefiaum. "B&t'ieriutn, the lame 3s3enrUOlenrP, Benevclentia, is ufed bo h in the
IPrDi'toPri arc thofc

profligate and

Realm, for a voluntary Gratuity given by the Subjc&t to the Wiltfrire, ibeilfama flutotll*, Rhebel, in Lancafbire. King. Stows Annals, pag. 701. By the Statuto H^ellum, The old cuftomory way of Trial by Anno 1 R. 3. cap. 2. it is called a new I m portion, and in that refpeft found Fault with. But Arms, Duel, or Combat. Sec Camp-fight. an Amercia- Stow. p. 791. faith, The Invention grew firft from HtkluriDita, for ll&iootmt. , /. *. ment for fhedding Blood. Leg. H. i.e. ult. Qui Edward the Fourth's Days 1 You may find it alio
Hfcifu'*
i.

1.

the

Inhabitants of SomerfetJIjire, Chronicles and Statutes of this

and Hampftire.

vulnus alien i faciet, in cooperto, in

unciit
\

r.uio, pro fingulii

denar.

&P remaneat de

ceteris icfibus fi

&

bcde-

lunditis,
cidat.

&* wit* domino

decidat,

fanguis

Subfidium Cbaritativum, given f'omctime^ to Lords of the Fee by their Tenants, fotneti ,e to Matthaus de afjiittis defBifliops by their Clergy. fices fame Senfe it is ufed alfo in the Canon Law. cis, \^6.Cajfan. de confuet. Burg. p. 134, 136. BalDuarenius de Beneficiis, lib. 2. c. 3. The Portions dus, cenfitio, 120. vel. 6. p. 230. Of this Menochius of Land, and other immoveable Things, granted makes Mention, lib. i.eent. 1. cap. 178, and 179. by the Lords to their Followers, for their Stipend Alfo by Aft of Parliament, 13 Car. 2. cap. 4 it or Maintenance, were at firft called Munera, was given to King Charles the Second. while revocable at the pure Pleafure of the 1& /ipbolpntft hUunoa, The Form in
it

H&pnPfiCP, Beneficium, Is generally taken for all Ecclefiaftical Livings, be they Dignities, or oAnd Anno 13 R. 1. Stat. 2. cap. 8. Benether. arc divided into Elective, and of Gift. In the

An. 11 H. 7. c. 10. to have been yielded to that worthy Prince, in regard of his great Expcnces in Wars and otherwife See Coke's 12 Rep. fol. 119, It is alfo mentioned, and 120 excepted out of the Pardon, 1 E. 6. Other Nations call j. cap.
1

lReg.10

while ancient Fines and Submiflions to purchafe the or held for fome limited Time, King's Pardon and Favour.in order to be rcftor'd Temporary, Thomas de S. which was commonly one Year. But when by to Eftate, Title or Place. thefe Tenures from an arbitrary Condi- Walerico dat Regi mill* marcas, fro habenda BcneDegrees tion became perpetual and hereditary, then they volentia Regis, Sf pro habendis terrisfuis ur.de Dificileft their former Name of Beneficia to the Livings fitusfitit.Pa.Toch. Antiquities, p- 171. Vcnouee. High Crofs. of the Clergy, (they being Temporary for Term of Life) and retained to thcmlelves the proper HBetirip, Tenentes de Whithorn in Cem. Ueref.

Lord

They were

after called

Beneficia,

qua vocatur Benrip, Termino Beati Micbaelis, 5 d. Lib. niger Heref. See Bedrepe. cap. 2. lBmrficio nrimo eccleffallico IjabenTio, 1$ a lll?ert),ein.P, (Berbiagium) Nativi Tenentes Manerii Writ directed from the King to the Chancellor de Califioke redAunt per an. de certo redditu vocat. Ber. or Lord Keeper, to beftow the Benefice that firft bicage, ad le Hokeday 19 ;. M> S- Survey of the mall fall in the King's Gift, above or under Dutchy of Cornwal. fuch a Value, upon this or that Man. Reg. Orig. HBeruua r ia, a Sheep-Down, or Ground to feed b. Sheep. Leges Aluredi, cap. 9. Et quod de Berbicafol. 307. lfcencficium was an Eftate in Land at firft ria, Qpc. Sometimes 'tis written Bercberia, as in granted for Life; and it was called Beneficium, Mon. Angl. Tom. I. pag. 308. becaufe it was held ex mero Beneficio of the Donor. MJercarifl, Berqueria, Berceria, a Sheep-fold, Thefe Tenants were bound to fwear Fealty to the Sheep-cote, or Sheep-pen, or other Enclofure Donor, and to ferve him in the Wars : They for the fafc keeping* of Sheep. Abbreviated from were only Ufufru&uaries at firft, and no more ; Barbicaria, from Serbex, detorted from Vervex. Latin Btrbicus, a Ram, and moft commonly fuch Eftates were given to Hence the

Feuds, whereby they were produced to and hereditary. Vid. Spilman of Feuds, perpetual

Names of

debent pro quadam ctnfuetudine viz. pro quinque operationibus in

Middle-aged an Ewe; Caro Berbecina, Mutton. Berbicarius, Bercarkis, Fr. Berger, a Shepherd. A. D. 1 2 18. fames le Bret of Brigenhall, gave four fliort Ridges or Butts of Land to the Priory of adfaciendam Berkcriam, five quicBurcefior, Paroch. Antiq. p. 187. And thofe which were given by Kings, were quid eis melim placuerit. But fometimes fuch John de Charlton, and Chrifiian his Wife, gave to called Regalia Beneficia. were given to Bifliops and Abbots, fub- the Abbey of Ofeney, a Piece of Land in Hokenor-

more firmmilitary Men that they might be At Services. ly bound to perform Military or his Heirs, length, by the Confent of the Donor thefe Eftatei were continued to the Pofterity of the Donee, fubjeft to the fame Services as before.

Berbica,

Benefices

je&

Berchery of Sutton, Ibid, it is written Berqueria. Dome/day Book well as the Laity, had obtained a Property in Co. 2 Infi. fol. 476. Man latum ejl Roberto de Lexthefe Lands, they were called Regalia, which ington, quod Abbati de Mhaval faciat unam Bcrcaupon the Death of a Bifhop returned to the King riam in pafiura cU Fairfield ad ones cufiodiendat. Thus we read in Ran- Clauf. 9 H. 3. m. 1 . Dedit jexaginta acras terra ad till another was chofen.
alio

to the

like

Services,
;

viz..

to

provide

ton,

upon which flood the

In

Men

to ferve in the

Wars

and when they, as

p.

348.

com- unam Bercariam faciendam. Man. Angl. torn. z. fol. Arch- 599. where it feems to fignify a Sheep- walk or fcifhop Lanfranck held of him in Beneficio, and that Paflure. There were fethe Abbey of St. Albans, which was enjoyed by ffiprpfpllarii, i. e. Permerdati. him and his Predeeeflors, fliould for the Future ven Churchmen, fo called anciently, belonging Sed be held by Archbifliop Anfelme in Alod,um Ecclefia to the Church of St. John of Beverley And thus began Fcodatary quia coram turpe nomen Bercfclliorum patent ritui Cantuariaperpetuojure.
Eftates,

W. 2 dulphus de Diceto, Anno 1093. viz. That manded that the City 01 Canterbury, which

which we now

call

Fee-fimplc.

remanebat, diBts feptem d* eaten nen BcrcfcUarios,

/'*

fed Perfonas volumm nuncupari. m. 10. per Infpex. 3.

er.

Fat. 21 lUc. 2. par.

unt in
nient

campum mineras

quarentes, inventa minera, ve-

feptimanis in Ires feptimanas fuand per mineram in Pecco. Efc. 16 Ed. 1. ut fupra. This H&erijljmapfler, vulgarly n&armaffer tner (from the Sax. berg, Mons ; quafi, Mafier of l3etijmotl| or TISerghtnore, comes from the Saxon Bai- berg, i. e. 'Mons, and mote or the Mountain) PrefeHusfeu Curator fodina. gemote, conventus :

unaqutqne meta continet quatuor Ptrticatas, &> ad foveam fuam feptem pedes, &> unaqutcque Ptrticata erit de 24 pedibus, &>c. Efc. de An. \6 E. 1. e. a Tribute of ; from the miSerr gafol, Barley num. 34. See Bergmotb, and Sir J. Pettus his Sax. Bere, hordeum, and Gafol, tributum. Fodin* Regales. The Germans call a Mountaneer Berewichae ejufdem mane- or Il&erefcoif 1)3 ; Ifi* funt Miner, a HJergman. rii. Domcfday. Villages or Hamlets belonging to Bergmoth, or IBrrgfjtnotf, vulgarly Sarmote. a Manor. See Berwica. furatores dicunt etiam quod Placita del 1&t romotlj See Berwica. 215ci'UnS. debent teneri de tribus
Ti.gr.tam

H&prefreit, or 25crefreeti, a great wooden TowVidens autem Rex fe non ut difpofuerat proficere, unarm, turrim, quam Berefreit vacant, erexit. Si- torum,

ad Balivum quididtur Sfrgtymaptfer, &> petent ab eo duas Metas, ft fit in novo &> habthitnt
foil,

&

pro inventione,

&

campo, aliam de jure Minera-

meon Dunelm.

anno 1123.

Sap

liff

or chief Officer

among our

who among other Parts of execute that of Coroner among them.

ret

dhunt, quod in principle

the Court held upon a Hill, for deciding Pleas and Controverfics among the Derbyjbire Mir.crs ; Jnrato- of which, thus Mr. Manlove, in his ingenious quando Mineratores veni- Treatifc of their Cuftoms.
Derbyjbire Miners, his Office, does alfo

Quafi ,

3 Edw. Art. 9.

6.

Ma.

3&4 p h. &
Art. 16.

And for mufi be in t'crjjljmote Court, Thither for Jufiice Miners muft refort : If they fuch Sutes in other Courts commence, They bfe their due Oar-debt, for fuch Offence ;
Sute

Oar

And

mufi pay Ccfis ; becaufe they did proceed Againfi their Cufiom : Miners all take heed.

3 Ed. 6. Art. 20.

No Man may fell his Grove,

Till Sute be ended
;

that's in

contefi,

after the Arrcft

3&4P1>.&
Ma.
Art. 16.

The Seller's Grove is lofi by fuch Offence, The Buyer fined, for fuch Maintenance.
to It

16 Ed. i.e. 2. And two great Courts of lSergljmote ought 3 Ed. 6. Art. In every Year upon the Miner y,
10.
5 8c

4 Ph.

&

To punijb Miners that To curb Offenders, and

to

tranfgrefs the keep in

aw

Law,

Ma. Art. 19, Such as Such as 3>&33To

order jfoi

be Cavers, or do rob

be Pilferers, or do fteal

Mens Coes ; Mens Stows;

j

Grovers, make them pay their Part, with their Fellows, or their Groves defert

3&4Ph.&
Ma.
Art. 31.

To fine fuch Miners, as Mens Groves abufe, And fuch as Orders to obferve refufe; Or work their Meers beyond their Length and Stake ; Or otberwife the Mine and Rake ;
Orfet
their

Stows upon

Againfi
Ibid. Art.4,3.

the

their Neighbour s Ground, Cufiom, or exceed their Bound i

26 Edwcap.
3
z.

1*

& 4 Ph. &

Art. 28.

Or Purchafers, that Miners from their way To their Wafh-troughs do either flop or flay ; Or dig or delve in any Man'i Bing-place ; Or do his Stows throw off, break, or deface; To fine Offenders, that do break the Peace,
Or jbed Man's Blood, or any Tumults raife ; Or Weapons bear upon the Mine or Rake ; Or that Poffejfton forcibly do take ;

Ma.

Or

that difiurb the Court, the Court may fin* For their Contempts {by Cufiom of the Mine) And likewifefucb as difpoffeffed be,

And yet fet Stows againfi Authority ; Or opon leave their Shafts, or Groves, or Holes, By which Menlcfe their Cattle, Sheep, or Soules. And to lay Pains, that Grievance be redrefi, To eafe the Burdens of poor Men oppreft.
Tofwear Bergl)tnaj>Cerp,
Perform
their

that they faithfully

Duties on the

And make
And fee

Minery ;
impartially
to

Arrefis,

and

eke

Impanel Jurors, Caufes for

try

that Right be done from Time to Both to the Lord, and Farmers on the Mine.

Tm$

fographers in the Names of Places, have confounded the Termination of Berie, with that of Bury, and Borough, as if the Appellative of ancient Towns. Whereas the true Senfe of the

TSttiH, Berra, Berie, Berry.

Moft of our

Glof-

Word
as

Btria, Eng. Berie, is a flat wide Campagne, from fufficient Authorities is proved, by the Learned Du Frefne in his Gloflary, in voce Beria, and in his Notes on the Life of St. Lewis, p. 89. where he obferves, That Beria Sanili Edmundi, men.

B E
mention'd by Mat. Parif.fub. an. ii74.isnot to be taken for the Town, but for the adjoining Plain. To thefc and other his Remarks on that Word, may be added, That many flat and wide Meads, and other open Grounds, arc ftill called by the Name of Series, and Berie-fields. So the fpacious Mead between Oxford and Ifey, was in the Reign of King Athelflan called Bery. B. Twine, MS. c. 2. As now the largcft Pafture-Ground in fag. ytf. Quarendon, Com. Buck, is known by the Name BeAnd fuch indeed were the Berie MeaField.
ry.
nofiri

B E
Tbefaurario e> Baronilms fuis de Si accario fa lutem. Quia volumus quod Cajhum nofirum Gtoiicefiri,, menon Qi Tina 0 BcrtonaGA.*.. ditti Comitatui
ctrptri

Glue. anneHantur, &c. Clauf. 32 E.

I.

m.

7.

comes from the Saxon Bere, which figmtitM Barley, and from thence comes Bern, a Barn, i.e. and Beref Bere-em, a Place for Barley Barn-floor; and fo Barton, which fignifies a Farm and is always diftinct from a Manor.
It
;

dows, which tho' Sir Henry Spelman interprets to be the Demefnc-Meadows, or Manor-Meadows, flat open Meadows, that yet were they truly any adjoining to any Vill or Firm. The fame lay with Berras, in that Plea between the Bifhop and Prior of Carlijle, 18 E. I, quod Rex in

&

forefla

Cum Bcrtona terris Qp tenequ* Bcrtonarii modo tenent ad voluntatem. Charta J ohannis Epifc. Exon. dat. 14 Dec. Anno Doubt left thefe were fuch as we now caJl 1337. Farmers, or Tenants of Bertons, Husbandmen, that held at the Will of the Lord. Iii Devonjhire they call a great Farm or Manfion, a Btrton ; a fmall Farm, a Living.
3lDCrtonarii.

mentis,

fua

de Inglewood) Villas tdificare, prtdiBa, {fill poteft

15erlt)!C?,

Berras aflartarc, &P Ecclejias il- to fome or Manor ; often found in Domef Ecclefias conflruere, las cum derimis terrarum illarum pro voluntate fua cui- day ; from the Sax. Berewica, a Corn- Farm: where berras affartare, muft tierium minus ad majus pertinens ; non in gremio cunque vduerit conferre ; interdum fitum be to aflart or plough up the plain open Heaths, nerii, fed vel in confnio vel

Town

Hamlet, or Village appurtenant

MaMa-

or Downs.

Places, Mitb/rie, Cornberie, &c. TStcktyiTt. See Atrebatii. IBrmngitim. See Brenagium. IBerntt, (Jncendium from the Sax. byrnan, to burn) is one of thofe Crimes, which, by Henry the Firft's Laws, cap. 13. emendari nonpoffunt: It Demus combufio, according to MS. Bibl. fignifies Sometimes it fignifies Cotton. Tit. Vitellius. C. 9. capital Offence. Leges Canuti apud Brompt.

Hence the Termination of many fituate in a more open Campagne ; as

diyunffius

ejl.

Spelman.
TothiU

So

in

the Donation of

Edward
of

the

Confeffor,
Jler.

is called,

The Berwick

Cam. Brit. fol. 816. iSftUmk upon SuujtTD.

or H5ut7,

Weftmin-

See Bercovicus and

or Scat of a Noble-

Tuefis.
2tterj>

The

Vill

man, a Dwelling-houfe, a Manfion-houfe, or From the Sax. Bcorg, Court, a chief Farm.
which
fignifies

an Hill or Caftle

for heretofore

any
e.

90. Leg.

fome Parts of England ; as in Herefordshire there is ufed for Berkfbire. are the Series of Stockton, Lufion, Hope, &Pc. AnciH3frquat'ia. Sec Berbicaria and Bercaria. erqiiaril and trcarii, Shepherds. Dome/day. ently ufed alfo for a Sanctuary. See Bercaria. I5ilailt', Proaims, is borrowed of the French JQtttf, plain open Heath. Berras affartare, Byfayeule, (i. e. Pere de mon Pere-grand) the Father In the Common Law it figPet. in Pari. 1 8 of my Grandfather. to grub up fuch barren Heaths. nifies a Writ, that lieth where the Great GrandEd. a. See Beria. S5erritl)atci), In the Court-Rolls of the Manor father was feifed in his Demcfne as of Fee, of ofChaton, in Com. Somerf. is ufed for Litter for any Lands or Tenements in Fcc-fimple, the Day that he died ; and after his Death, a Stranger Horfes. lSrrrUllicl). Habet Rex Edwardus unum maneri- abatcth or entrcth the fame Day upon him, and

H. 1. *. 12. 47. TSt l'OCftrr, in Dome/day

were Caftles fituate on Hills, of which we have ftill fome Remains. The chief Houfc of a Manor, or the Lord's Scat, is ftill fo called in
their Scats

um

Berwica.

Forefla nojlra fol. 210. a.

See keepeth out his Heir, Qpc. The Form and Ufc of this Writ is more at large to be read in F. N. B. IScrfa, Fr. Bers, A Limit, Compafs, or Bound. fol. 221. IBtfifl, a Spade or Shovel ; derived from the Pajluram duorum taurorumpertotams^crC&m, in de Chipcnham. Monit. Angl. Tom. 2. French befcher, fodere, to dig. Hence perhaps Una
Berbie

nominatum cum fex Berruuich.

liBarfrre, farc in Forefla

Mon. Aug. p. 2. fol. 642. Piece of Land ufually turned up Ran. Com. with a Shovel or Spade, as Gardiners ufc to fit mea "d Ceftr. An. 1218, i. e. To hunt orlhoot with three their Grounds, to Tow and plant in. Arrows in my Foreft. Berfarii were properly 2l3fftial, Cometh of the French Bejrials,v>h'ich Anno 4 E. 5. cap. 3. thofe that hunted the Wolf from the Sax. Btrf, a is pecus, Bcafts of any Sorts. it is written Beflayle, and taken to denote all Kinds Wolf It TlBrrfatrii: (from the Fr. Bercer, to rockj a of Cattle, purvey 'd for the King's Provifion. Rocker. Rex Sciatis quod pro bono fervitio, is alio mentioned, to fignify all Kinds of Cattle, Berfatrix in 1 2 Car. 2. c. 4. quod dile&a nobis Matilda de Plumton, Et Hiberr.icos fie admiffos ad legem Edwardi Comitis B5etad)e.e, flu nofiri cariffimi, eiPark-Pale.
;

befcata terr*

inclufa.

To moot

Berfen. iresarcus. Carta.

Germ.

Ber-

may

fignify a

dem

eidem Ma- prddielam more Anglicorum pertraSari mandamus annis ad jure nofiro fiP aliorum dominorum in bonis Qp cataUis percipiend. fngulis Scauarium nofirum, Gfc. Pat. 10 Edw. 3. pag. I. Nativorum, qui vulgariter in illis partibas Betaches m. ;o. nominantur, i. e. Laymen ufing Glebe-Lands. Par. Hound. Ad bcr 14 Ed. 2. p. 2. ah 21 intos. toerfelft, Berfeletta, cum noiiem arcubus, fandum in fex berfetthUgaueW See Bagavel.
filio

CeftrU,

nofiro

impendit,

Conceffimus

tilda

decern

marcas

Forefla

&

Cart. Rog. de Quincy. T!5etofrchf0, Bed-works, or Cuftomary Services UUetton (Bertona, from the Sax. Bere, borreum, done at bidding of the Lord by his inferior TeInter Servitia cuftumaria Tenentium in &P Tot), Villa') Efl area in averfa parte tedium rura- nants. lium primariarium, in qua borrea, fiabula Qp vilioris Blebury, de dominio Abbatis &P Ccnventus Rading in qua foventur prtdiBus Abbas babebit de eis duas precarias cardomefiica officii edtficia ftta funt, Rex I rucarum per annum, qu* vocantur Beverchcs, &P cum animalia negotiationes ruflic* peraguntur.
letis.

&

qualibet

qualibet iarrucA duos homines qualibet die ad ptandlum AhhitU. Cartulitr. Rading." MS; f. 2*3

to

from hopes to receive fome afliftant Benevolence the Guefts for his Relief; ftill in Ufe in the Weft of England, and falfly written by fome Bildale, and The fame is ufedalfo 8. c, 6. mentioned 16 in the County Palatine of Chejler by fomd Perfons towards the Relief of their own or of

of Friends Bifinif, or BiD'ali, Is the Invitation drink at fome poor Man's Hbufe, who thereby

Quality, Neighbours poor Tenants. BiOOing ot tilf IBfaoJJ*

Was

fome particular Prayers, or do other Afts bf DeSoul ; votion, in behAlf of fome deceafed Friend's Church jn Imitation of which, the Miniftcrs of the of England are commanded by the Canons on the bid the Sunday precedent, to give Notice of or
Fcftivals in
riftiioncrs

PaWarning that the Parifri Prieft gave to his at certain fpecial Times, to fey rifhioners

Charge

or

may

the following Week, that the Pathe better obferve them; this is
8.
c.

mentioned 27 H.
Sax. ding in the

26.

we may

bideafily find

Words

bidden, to

pray or defire

and

&*<*,*

Prayer.

015ttipnrfi>,

Two

YeaHings, Tags or Sheep of

Will. Lohgefpe, A. D. 1234. the fecohd Year ranted to the Prior and Canons of Burcefter.f'ajluram ad q'uinquaginta bidentes, cum dominicis Parbch. Antiq. bidcr.tibus meis ibidem bafcendis. The Wool of thefe Sheep being the firft p. 2io\ claimed as a Heriot to the Steering, was fonietime on the Death of an Abbat. King,
fl&lOJipf, Bidr'ipa.

See

Bederepe.

flpiDuana

Days.

a Falling for the Space of two Tis mentioned in Matt. Weft.t. 13J, and
J
/

Biduanas faciant omties OP Monacbi, &c. Epifcopi a Cart with two Wheels, "&{$,&, Bigata, Properly and not as fome have offered, a Chariot drawn with coupled Horfes ; thefe Words have it fufficicarr'tt cum ceteris cntly, Et quod earn cum Bigis &* &c. fuper Tenementum futim, &>c. Mon. pbakris, Angl. f. 256. b. This Biga, or Cart with two Wheels, was drawn fomctimes with one Horfe, a more exprefs Refutation of the above-mentioned Conje&ure. King Hen. 3- confirmed to the Priory of Repingdon Com. Derb. imam bigam cum unico indie in bofco fuo de Tikenhall erra'ntem, equo feme) ad for ale ad ufus fuos proprios portandum. Mon. Angl.
in Flor. of Worcefter p. 6$i.
torn. 2* pag. 280.

Within Orders, the Benefit of Clergy, even in Cafe of Felony; not efpecially excepted by fome other Statute. So is Break, Tit. Clergy, plac. 20. to the fame Purpofc. H&jgot is a Compound of feveral old Englijh Words, and fignifics an obftinate Pevlbn, or one who is wedd6d to this Opinion. Roth, the firft Duke of Normandy, refufed to kifs the King's Foot, unlefs he held it out to him for that Purpofe ; it being a Ceremony ufed in Token of Subjection for that Dukedom, with which the King at that Time inverted him ; Thofe who were prefent taking Notice of the Duke's Rcfufal, advifed him to comply with the King's Defire, to which he anfwered them, Nefe Bigot, upon which he was in Derifion called Bigot; and the Normans are ftill fo called. See By-Laws. IlDilagttus. IBilancfijS iiefcrenoisS, Is a Writ directed to a Corporation, for the carrying of Weights to fuch a Haven, there to weigh the Wools that fuch a Man is licenfed to tranfport. Reg. Orig. fol. 470. a. UatM*, or rather P'JUtoi?, Lat. Bilagines. So called by the Goths, the Swedes, the Danes and Saxons ; from By, which in all thofe Languages fignifics a Town; and Lagb or Laghen, which fignifies Laws ; as Gravius, Suectss, and our Saxon Authors teftify : And though Formandes, a Spanijb Goth writeth it after the Spanijb Corruption, Bettagines : Yet we in England keep the very Radix and Word it fclf By-Laws. Vid. Spelman. of Feuds, c. 2. Bylaws arc Laws made obiter, or by the I By ; fuch as are made in Court- Lcets, or Court- 1 Barons, for the peculiar Good of thofe that make them, farther than the Common or Statute Law doth bind. The like are generally allowed' by Letters Patent of Incorporation to any Guild or Fraternity, for the better Regulation of Trade among themfelves, or with others. Co. vol
C.f. 63. a. Kitchin,
fol.

45. 79.

are called Burlaw or Birlaw.

Thefe in Scotland Skene de verb,

ftgnif.

verb. Burlaw, Which, faith he, are Laws made and determined by Confent of Neighbours, elcfled and chofen by common Approbation in the Courts called Birlaw Courts, where they take Cognifance of Complaints between Neighbour and Neighbour ; which Men fo chofen, are Judges and Arbitrators to the Effect aforefaid, and are called

Birlaw-men ; for Bawr or Bawrfmats in Dutch any Pcrfon that hath at feveral is Rufticus, and fo Birlaw is no other, but Leges Times married two or more Wives, fucccflively Rufiicorum. By 14 Car. 2. cap. 5. the Wardens after each other's Death, or a Widow ; as ap- and Afliftants for making and regulating Norwich
H5ig.itrui0,
Is

pears by the Statutes, lS .3.

1 part. Co- Inft.fol. 273.

r.

2. I

Ed, 6c. 12. Stuffs, are

impowcred
6.

to

20 Car.

make By-Laws.
is

See

2.

c.

being a

ffiilinguig, iptnp, Blgamia, Signifies a double Marriage, compound Greek Word; it is ufed in Tongue but
;

In general

Man
is

in a legal Scnfe,

any Cafe between an Englishman and an Alien, whereof Part oughtto be Englijhmen, twice married, 4 E. 1. J. which fcems to be and Part Strangers. 28 E. 3. c. 1 3. This we call rounded upon the Words of St. Paul to Timothy, vulgarly a Party- Jury ; but in proper Language, f'pift. i.e. 5. verf. 2. Oportet ergo Epifcopum irrepre- it is a Jury de medietate lingsu. See Medietas
that pafteth in

Common Law, for an Impediment that hindreth Man to be a Clerk, by rcafon he hath been

of a double ufed for a Jury

deny them all Privilege that belongs to Clerks. But the Author of the new Terms of the Law faith, This Law is abolifticd by 1 . 6. 12. and to that may be added, lS Eliz. c. 7. which allow eth to all Men that can read as Clerks, tho" not
5

have founded their Do&rine upon this, That he Will, Biga, Hath feveral Significations in Law. that hath beer twice marricdmay not be aClcrk 1 Firft, according to We/I. Symb.p. i.lib. i.f*3. 14$. And him that hath married a Widow they reckon It is all one with an Obligation, faving that it i* Both which they commonly called a Bill, when in to have been twice married. Englifb ; and an do not only exclude from Holy Orders, but alio Obligation , when in Latin. But now by a Bill

unius uxoris virum. henfibilem ejfe,&

The Canonifts

LinguA.

claration in Writing, that expreflcth either the!

we ordinarily underftand a fingle Bond, without a Condition ; by an Obligation, a Bond with a Penalty and Condition : Weft. part. a. Symbol. Tit.! Supplications, feH. 52. Secondly, a Bill is a De-[

Wrong}

B
Wrong

ll&innp Pepper, Anno 1 Jac. cap. 19. lieiUOuium. Bimhejler. accordingly as the Law, whereupon they arc grounded, doth direct. It containH5lOf!)anetU0, One who deferves to come to an ed the Fact complained of, the Damages there- untimely End: Ordericus Vit.tlis, writing of the by Suffered, and Petition of Procefs againft the Death of WiU. Rufus, who was (hot by Walter tells us, That the Defendant for Rcdrefs. Sec more in Wefl. Symb. Bifhops confidcring
JurilHiftion,
Tyrrell,

the Complainant hath fuffcred by the Defendant, or clfc fome Fault that the Party complained of hath committed againft fome Law or Statute of the Common-wealth. Such Bill is fomctimes exhibited to Jufticcs Itinerant, at the General Aflifcs, by way of Indictment, or Information ; but more especially to the Lord Chancellor or L. Keeper, for unconfcionablc Wrongs done. Sometimes it is preferred toothers having

a&innanum, Binna, Benna, A Stew, or Water penn'd up for feeding and prcferving Fifh. Expenfk in pifce ad infiaurandum binna rium empto xii s. Vtd. confuetud. Dom. de Farendon, MS.
29. Provifum ejl quod nullus magnus vel parvus currat in parco alieno, aut pifcetur in alterius bin
f.

nario.

Stat.

Ed.

1.

Anno Recni

tertio,

Weft.

apud r

Tit. Supplications. part 2.

his

Bllla btra,

Is

Term of Art

in the

Common

fiaflica veluti

Law

For the Grand Inqucft impannclled, and

wicked Life and bad End, thought him E:cleBiothanetum abfolutione indignum. Lib.

10. p. 782.

fworn before the Jufticcs in Eyre, Qpc. indorfing USiperriJOCUm. See Jocum partire. Sec Bilaiu and Byrlaw. ISirlato. a Bill, whereby any Crime punifhablc in that TbinetUB, The Cap or Coif of a Judge, or Court, is prcfentcd unto them, with thefe two Words, which do fignify thereby, That the Prc- Serjeant at Law. The honourable Ulc of it is fentor hath furnifhed his Prefcntment with pro- thus defcribed by Fortefcue, Dc Laud. Leg. Angl. bable Evidence, and worthy of farther Confede- cap. 50. In Jignum quod omnes Jufliciarii ibi talitcr
ration

Party prefented, is extant graduati, quilibet eorum fen/per utitur, dum in Crime, and fo bound Curia Regis fedet, Birreto albo de ferico, quod primum to make Anfwer unto it, cither by confefling or '& prtcipuum erat de Infignibus Habitus quo Servient es ad And if the Crime Legem in eorum creations decorantur. Nee Birrctum traverfing the Indictment touch the Life of the Perfon indicted, it is yet re- ifiud jfujliciarius,ficut nee Serviens ad Legem, ur.qu.ivi ferred to another Inqueft, called the Jury of deponet, quo caput fuum in toto difcooperiet etiam in Life and Death ; who, if they find him guilty, prxfentia Regis, cfc. Spelman. Il&ifacuta, An iron Weapon cutting on both then he ftands convicted of the Crime, and is by Sec Igno- Sides Fecit eidem unam plagam mortalem de quadam the' Judge to be condemned to Death.
:

And thereupon

the

faid to ftand indicted of the

Fleta. Lib. 1. cap. 33. bifacuta. ramus. See alfo Indictment. IIIMtaunt, Bifantin, Befant, Bizantine, Bifantlus: a&iUcta, Billetus, A Bill or Petition exhibitSic refponfum fuit ad bi- A Piece of Money coined by the ed in Parliament. Wejlern Empeletam quam propofuimus in Parliamento London. rors at Bizantium or Conjlantinople ; of two Sorts, Confuetud. domus de Farendon. MS. f. 48. So Gold and Silver, BizAntius aureus &> albus : Both Tenor Billeti porreBi coram Concilia Domini Regis, which were current in England. Chau er reprcAbbas de Bello loco Regis, Qfc. lb. fents the Gold Befantine or Befaunt, to have been fupplicat fol. 43. equivalent to a Ducat. TJhe Silver Befantine was llBifl Of fi>tO?f , Is a Kind of Licence granted at computed generally at two Shillings. T&utcot. 9 Edw. 3. At a Seflions of SewCrs the Cuftom-houfe, to Merchants, to carry fuch Stores and Provisions as are neceffary for their held at Wigenbale in Norfolk, it was decreed, That if any one in thofe Parts of Marcblan.', fhould Voyage, cuftom-free. l&ttl Of i&ufttraruC, Is a Licence granted at not repair his Proportion of the Banks, Ditches the Cuftom-houfe to a Merchant, to fuffer him and Cawfeys, by a Dayafligned, izd. for every trade from one EngHJh Pore to another, Perch unrepaired (which is called uBilatv) fhould to without paying Cuftom. An. 14. Car. 2. cap. 11. be levied upon him. And if he fhould not by a TBillrtB Of C&OlO, Arc Wedges or Ingots of fecond Day given him, aceomplifh the fame ; Gold The Word is derived from the French then he Should pay for every Perch 2 s. which is
:

called 5l5l'fC0t. Hift. of Imbanking and Draining, 27 E. 3. Stat. 2. c. 14. Bilh, Billonis, Bullion of Gold or Sil- fol. 254. a. Volumus Hind. Cerva major, ver in the Mafs before it is coin'd. fl&lffa, a Gall. Bifche,
Billot,

Majfa Auri.

"JlBidOt,

call'd LeapMem. in Scaccar. HBlffejrtitf, Biffextilis, Vulgarly the Calends John Maynard. year, becaufe the fixth Day before A Stick or Staff, which in former of March is twice reckon'd, viz.. on the twentyIIBlfltlF, Times was the only Weapon for Servants. Leg. fourth and twenty-fifth of February: So that the H. I. cap. 70. Si liber fervum occidat, reddat paren- Biffextile-year /hath one Day more than other 1 This intibus 42 mufias & ttnum billum mutilatum domino Years, and happens every fourth Year manbota : And cap. 78. Si quis in fervum tercalation of a Day was firft invented by Julius fervi pro the Courfe tranfeat, in fionum bujus tranjitionis billum vel Jlru- C*far, to make the Year agree with blum, vel deinceps ad hunc modum fervitutis arma of the Sun. And to prevent all Ambiguity that manum Domini mittat. might grow thereupon, it is ordain'd by the Stafufcipiat, &P in tute De.Anno Biffextili, 21 H. 3. That the Day in25mti Of Cfflfi. See Stick of Eels. 1l5mitfiencnoen. This is enumerated among creasing in the Leap-year, and the Day next be. the Privileges granted to the Monaftery of Gla- fore, Inall be accounted but one Day. Britton. Soc &? Sa'c, hordes, bovenefden, &> and Dyer 17 Eliz- 345. fol. 209. flonbury Gall. binithenenden, on Strond and on Streme. Cartular. Vffttf, Eijius, Mica Bifa, Panis liftus; Pain bis, Angl. Brown-bread, a Brown-loaf. Abbat. Glafton. MS. f. 87. a. Abbas I
denariis de

&> tranfmarinum decimam venationis quod titrumque argentum ematur ad libram Scaccarii, retentis ad opus ncjlrum damis, porcis &> laiis. a. pro cufiubus &* expenjii, &> firma nofira fexdecim 648.
"billonis,

r.ofirt, fit.

Mon.

de cervis biftis, Angl. vol. I. fol.

Term. Mich. 9 Edw.

argento de Gandavo. 1. by Sir

Conventus Ofcn. concedunt Petro dc Sibbetcrd qualibet feptimana feptem pan/as albas micas lmall white Loaves) feptem bifas (i. c. fevcn micas (\. c. feven brown Loaves) Qp quinque galo-

Abbas

&

nes

fif

dimid.

melicris cervifta

Anno 1341.
15.
f.

Cron. Ofcn. Bib. Cotton, Vitcll. E.

247.

telack'tnait, Is half Englifi, half French J for French Mail fignifieth a fmall Piece of Money. It denotes in the Counties of Cumberland, Northumberland, Wejlmorland, and the Bifhoprick of Durham, a certain Rate of Money, Corn, Cattle, or
in

holden Dealbare firmam ; that is, his bafe Money, or Coin worfe than Standard, was molten down in the Exchequer, and reduced to the Finenefs of Standard-Silver; or (inftcad thereof) he pay'd to the King twelve Pence in the Pound, by way of Addition. Vid. Lownde'i Effay upon Coin, p. 5. lanoa. See Landa. lanhojnum, /. e. A little Bell, or rather Ticimium, vie. Pecoris ticimiunt, Qp canis oppa &> blanhornum, Ixrum trium Jingulum eft unum folidum valens : From the Saxon Blan, cejfans, &
Horn, cornu. Leg. Adclftan. cap. 8. lank 15 a r is the fame with what we call a Common Bar, and is the Name of a Plea in Bar,

other Confideration, paid unto fbme inhabiting near the Borders, being Men of Name and Power, ally'd with certain Mofi-troopers, or Perfons known to be great Robbers, and Spoiltukcrs within the Counties; to the End, to be by them protected, and kept in Safety, from the banker of fuch as do ufually rob and itcal in thofe Parts. Anno 43 Eliz. cap. 13. See Mayle. Thefe Robbers are of late Years call'd MofsTroopers, and feveral Statutes made againft them. Black-mail alfo fignifics the Rents formerly paid in Provifions or Corn and Flcfh. lackrmtjS (rclditus) the fame with Blackmail.

which in an Aftion of Trelpafs is put in to compel the Plaintiff to affign the certain Place where
the Trefpafs was committed : It is moft ufed by the Praclifers in the Common Bench, for in the King's Bench the Place is commonly afcertained in the Declaration. Croke, 2 Part. fol. 594. white Farm ; that lank iFarm, is, where the Rent was paid in Silver, and not

in Cattle.

lankfif,
It fignifics

French Blanc, that is Candidas, white; a kind of Money coined in the Parts

land, the

with a fingle e fignifies Sight, Colour, &>c. With a Double e, it fignifies Corn. At Boughton under the Blee. Ch. fol. 54. lend], Is the Title of a Kind of Tenure of Land, as to hold Land in Blench, is by Payment of a Sugar- Loaf, a Bever-Hat, a Couple of Capons, and fuch like ; if it be demanded in the Name of Blench, id eft, nomine alba Jirma. See Alba ftrma. BiefllUm, Old Town, in Herefordjbire. Ifta, French Bleche Pete, or combuftiblej Earth, dug up and dried for burning. Minifter &> Fratres de Knares-borough, petunt eorum Tenentes fodiant tstrbas & bletas, IaDe (Bladum, Fr. Bled) Nofiro foro, de fegete quod ipft tantum inteliigitur, prafertim etiam in herba. I Spel. in Forefta de Knares-boroirgh. Rot. Pari. 35 E. But the Saxon BUd fignifiesmore UlikiS, Boughs broken from Trees, and caft Fruit,
ffile
:
<

latfefiODt or Gentleman Ufher of the Black Rod, is Chief Gentleman Ufher to the King. He is called in the Black-Book, fol. 255. Lator virga nigra, and Hoftiarius ; and elfewhere Virgi-bajulus : His Duty is Ad portandam Virgam coram Domino Rege ad Feftum SanHi Georgii infra Cajlrum de WinHe hath alfo the keeping of the Chaptcrdefore. Houfe Door, when a Chapter of the Order of the Garter is fitting ; and in the Time of Parliament, attends on the Houfe of Peers. He hath a like a Habit with the Regijler of the Order, and Garter King of Arms; which he wears at the Feaft of St. George, and all Chapters. He bears a Black Rod, on the Top whereof fits a Lion, Gold; which Rod is inttead of a Mace, and hath the fame Power and Authority. His Fees is now 30/. per Annum. This Officer hath been anticntly constituted by Letters Patent under the Great Seal. 1l5IaDariU0, Ufed in our Records for a CornMonger, Meal-Man, or Corn-Chan dler. Pat. 1 Edw. 5. See Puleterius. par. 3. m. 13.

of France by Henry V. that were fubjefl: to EngValue whereof was eight Pence. Stows Annals p. 586. Thefe were forbidden to be cur2 Hen. 6. ca. 9. The rent within this Realm. Reafon why they were called Blanks, may be, be caufe, at the Time thefe were coined in Fr<iwe,thcre was alfo a Piece of Gold coined, which was called a Salus, of the Value of t /. 2 s. from which this Silver was diftingifhed by the Colour. lafanutf, an Incendiary.

latum,

Bullnefs, in Cumberland.

&

generally

lODeu0, Sax. Blod, deep red Colour. Hence bloat and bloated, i. e. Sanguine and high-coloured ; which in Kent is called a Bloufing Colour, and in villa Leominfir. illas fell, quas Walterus de Lu- a Bloufe is there a Red-faced Wench. The Prior da folebat mihi reddere pro quadam terra qua eft inter of Burcefter, A. D. 1425. gave his Liveries of this foldas Ada Talcurteis &> Feodum Johar.r.is Reading, Colour. Et in blodeo panno empto pro Armige-

Corn, Hemp, Flax, Herbs, V. or the Branches or Leaves of Trees or Herbs, whilft they grow. Will, de Mohun fatutem, Sciatit Univerfts me relaxaffe & quietum clamajfe Domino Reginaldo de Mohun fratri meo totum Manerium meum de Tor Salvo mihi injfauro meo 8? blado, QPe. (fine dat.) I. e. Excepting my Stock and Corn on the Ground. Hence Bladier is taken for an Ingrofler of Corn or Grain. Sciant quod ego Willielmus Alrcton, confenfu &> voluntate Beatricis Vxoris me<e, Dedi Agatha Gille pro duabus Marcis Aruna menfura bladi, duat folidatas redditus genti

in

a
:

Way

where Deer are

This
is

liffom.

when a

the Bowels or from Bleten, to accommodate. 'Tis corruptly called Bloffom to this Day. loateD Fiih or Herring (Anno 18 Car. z. c 2.) are thofe that are 'd ; perhaps from the half-dry Sax. Blotan, to kill and offer in Sacrifice.
Bletz,

Ewe

likely to pafs. goes to the

Ram

From

the Teuton.

BlOCktoOOO.

See Logwood.

&

habend. &=c. (fine dat.)

Ex

libro Chartar. Priorat.

ris

& ValeHis

Prioris de

Lcominflriae.
tauUfif,

Johanne Bandye,

de

magna

A Sky-colour, JWon. 3 Tom. pag. 170. Mm. Angl. Tom. 3. Janet) tfirmea, In old Times the Crown- pag. 170. Rents, were many Times referved in Libris Albis, Blumarp, Is one of the Forges belonging to or Blanch Firmes. In which Cafe the Buyer was an Iron Mill, through which the Iron pafleth before 4

Tue.

Paroch. Antiq. p. 576". loDiUff, a Sky-colour.

B
before
it

L
may which
was always

O
wu

read at large,

Fetters, properly quittantiam mrftricordi* pro call Bernicles. Quidam a dolort capitis libtratus eft, Si aliqui pugeffujione Sanguinis, lib. I. cap. 47. adjungens gen* fu* boias, quibus S. Britftanm liganantes ad invictm in Rudbam, &> extraxerint Hift. Elien. fangui- tus fuit. apud Whartoni Angl. Sac. nem, Prior habebit Bloodwit, i. c. Amerciamenlum P. 1. p. 61S. inde in Curia fua Ex Reg. Priorat. de CockefH3oilar>, or TBult&t? of &alf, A Salt-Houft, Sax. blod, Blood, and wit, a Fine or Penal- or ford. Co. on Lit. fol. Salt-pit, where Salt is boiled. Fine as a I. ty ; for Blodewite was a
faith,

the Englifli Saxons held their Lands, and in Writing, and from hence called Bo kland, which 13IOI1DU.0, fee Blundus. fignifies Terram CodiciUariam, or ffilOODlllPD, Blood <wit, or the Fine impofed for Librariam, Deed-land, or Charter-land. It comMUs\ 7. H. 7. Williclmus monly carried with it the abfolute Inheritance fliedding Blood. Lucy Milts, remittit Domui & Ec.lefi* dt Thclcf- and Propriety of the Land, and therefore prcfoi'd Ex ferved in Writing, and poflcfled Toll, Qhk, Stallage, &p Bloodihed. by the Thanes, Cartular. Doin. de Thelcsford. MS. or Nobler Sort, as Pradium Nobile, Liberum, & ISlooOWi', or Iftlooou'iff, Is a Compound from immune a Servitiis vulgaribus ** fervilibus : It was the Saxon KM, Sanguis, and Wite, an old Englijb the very fame as Allodium dcfccndiblc (accordWord fignifying Mifericordia. It is often ufed in ing to the common Courfc of Nations, and of ancient Charters, and intends an Amerciament Nature) unto all the Sons, and therefore called for Bloodjbed. Skene de verbor. fi%nif. writes Bluidveit. Gavel-kind, dcvifablc alfo by Will, and thereupWhich lays he, is in Englijb as much as Injuria, on called Terr*. Tefiamentales, as the Thane that or Mferuordia. It being as the Scotchmen call poflcfled them, was faid to be Ttfiamento digntts. Unlaw for Wrong or Injury, as is the Vid. Spelman of Feuds, cap. J. it, an Effufion of Blood. For he that hath Bloodwit H5oOlf0 JpolltlC&. See Corporation. granted him, hath free Liberty to take all AmerSec Varis. HBODtoarp. ciaments of Courts for Iheddmg of Blood. Fleta TSoia, Chains or what we

comcth

to the Finary. Of this you 27 Eliz- cap. 10.

Quod

Jignifi

at

cuftomary paid Compofition and Atonement, for the fliedding or drawing Blood: For which the Place was anfwerable, if the Party were not difcovercd. And therefore a Privilege or Exemption from this Penalty was granted by the King, or Supreme Lord, So K. Henry II. granted to as a fpecial Favour. all his Tenants, within the Honour of Wallingjord, de hidagio, gP blodewite & 17/ quieti fint brcdewite, Paroch. Antiq. p. 114. S$lC0urhanD. Sec Backberind. It fignifies the Apprehenfion of aTrefpaflerin thcForeft againft Venifion, with his Hands, or other Parts bloody, though he be not found chafing or hunting. Of which, fee Maniuood, c. 18. num. 9. In Scotland, in fuch like Crimes, they fay, Taken in the Fait, or with the Red Hand. JJBlOffOttl, the fame as Bliffom, auod vide. UiMtlbber, A kind of Whalc-Oil, fo called before it is thorowly boiled ; fpoken of 12 Car. 2.

4.

USoianum.
TBoloagium. Olljagium,

A little Houfe or Cottage, from the Sax. Bold, Dominium. IBolllS, a Bowl. JJnum baculum proctjponalt cum uno Bollc argenteo pro magna cruet imponenda. Mon. Angl. Tom. 2. pag. 666.
Bnlmniu,
Mcfling Corn or Bread
;
:

Sec BeUrium. See Bolbagium.

From

UBulr, A Bolt of Silk or StutF, feems to have been a long narrow Piece. In the Accounts of the Priory of Burcefter. A. D. 1425 Et in
'

the Sax. Bold, Villa, and Mong, Mifctlla Countrymen eat this Sort of Bread.

becaufe

bolt rubei Say,

batam faciendum
P- 574-

apud Stcrerbrugge, propter anaiv fol. viii dinar. Paroch. Antiq.

See Bulttl. H&oitrr. BJoItinp, Is a Term of Art ufed in Grays-Inn, whereby they intend private arguing of Cafes ; the Manner of it is this, An Ancitnt and two cap. 18. The Mark of a Wound Barrafters fit as Judges ; three Students bring each a&lllp, and UMutriP, or Bruife; what we now call Black and Blue, or, a Cale, out of which the Judges chufe one to be
as red as Blood. Lat. Blodeus : Si quis verberando argued, which done, the Students firlt begin and aliquem fecerit BlueSc Bludie, ijle qui fuerit Blue Qp argue, and after them the Barrafters. Bolting hath Bludie, prists debet exaudiri. Leg. Burg. Scot, alio a more common Acception, which Country Houfewives fay is the Sifting of the Meal or cap. 87. IPlUCf, Blue. Vejlimenta atttem dalurtt mihi Flour thro' a Bag, to make it finer; which de Grifeng, <oel halberget &P pettihus agninis, uxori Bag they call a Bolter : And why may ^not the autem me* adcarius bluet, &P peUibut^fimiliter, agni- Law Term be drawn hence? Becaufe the Bolting nis. Mon. Angl. torn. 1. f. 831. of Cafes is the thorough lifting and debating of 'cm.

TI&lunouF,
pater fuus

One whole Hair

tenuit tempore Regis

is yellow, Sunt It is inferior to Mooting, and may be derived Willielmi Blundi, from the Sax. Bolt, an Houfe becaufe done pri;

meaning William Rufus.

2l&ncbl]0^D, Is, as it

Hit Frefne.

vately in the Houfe for Inftruftion.

Inn, in

In {Lincoln's

were, Book-hoard, or a Hoard for Books, that is, a Place where Books, WriWe may term it tings, or Evidences are kept : in Latin Librorum horreum. It is derived from Sax. Bock, liber, and Herd, Thefaurus.
S&OCblatltr, SiLX.qu.ifi
oel

Bookland,

terra hereditaria

Vacation-Time, Monday and Wtdntfday arc the Bolting Days ; Tuefday and Thurfday the MootDays ; But in Term-Time, tcontra. ISona fine. We fay, That is done Bona fidt, that is done really, with a good Faith, without Fraud or Deceit. It is mentioned 12 Car. 1. 18.

teftamentari*

a Potfcllion or Inheritance held

in Writing. Bockland vero ea pojjidendi trail ferendique lege coer ebatur , tit nee dari licuitnec

by Inftruments

permitteretur
inter leges

vendi, fed h*redibus relinquer.da erat, in fcriptis aliter Terra inde Hereditaria nuncupata ;

and 1 5 Car. 2. c. 5. Oiia nrBura, Good Abearing, or good BehaEt ft per furorem vel aliquot mavufntores viour. ren'terit invenire fufliientem fecuritatem de fua bona

* pradido geftura erga Baltihos 8? Comburgenfes See Charter-land, Copy- burgo Codex MS. de LL. Statutis OC Conejiciatur. Sec alfo Ghjfarlum fuctud. Burgi Villse Montgomer. fol. i 5. hold, Freehold, and Land-boc. This was one of the Titles by in decern Scriptores.

Aluredi,

cap. 36".

Soiiaglir

ffionagijf,

or 3I5onag(HP,

An Exaction

in

Ire-

was a Sort of Tenure which fubje&ed a

the

Man
fell

to
his

land, impofed at the Will of the Lord, for Relief of the Knights caltcd Bonaghti who ferved in

meaneft Services. He could not Houfe without Leave of the Lord.

IfJCtjDarr, Bordiare, Burdare,

Antiq. Hib. p. 60. Cambden in his Defmond fays, that James E. of Defmond impofed upon the People thofe moft grievous Tributes of Coin, Livery, Cocherings, Bonaghty, &>c. 31&ona notahillfl, Are fuch Goods as a Party dying hath in another Diocefe, than that wherein he dies, amounting to 5 /. at lead, which, whofo hath, his Will muft be proved before the Arch bifliop of the Province ; unlefs by Compofition orCuftom, other Diocefes are authorized to do it, where Bona notabilia are rated at a greater Sum. Book of Canons. 1 Jac. can. 92,93. PerSee Probate of Teftaments. kin,feil. 489. ibona patna, An Aflife of Countrymen, or
Brit. Tit.

the Wars.

To

exercife the

Feats of

Arms

in Jufts,

Tornements,
conveniant

or other

Military Sports.

NuUi

ad turnian-

dam,
turas.

vel

Affif.

burdandum, nee ad alias quafcunque avende Armis, An. 36'fl. 3. Burdare was

more properly burdonibus, feu fuftibus dimkare, to play at Cudgels. Chaucer ufes the Word Burdans, for larger Scicks or Cudgels : The old French Bordkia were the bourdon, is a Pilgrim's Staff. folemn Challenges and Encounters at QuarterStaff,

Cudgcl-Play, Back-Sword,

neamentis

& botdiciis non

QPc.

De

tor-

tenendis,

fumat torneare, m. 17.

vel bordiare.

NequisprxLit. Clauf. 28 . 1.

or Tumour, &c. der, which we corrupt to Imbroider. But our HBonO, IIBonDagr, and onottifn. See Nati- old Bordarii, Bordmen , were rather fo called from s. Bondmen in Dome/day are called Servi, and Sax. Bord, a Houfe. The Bordarii often mentiondiffered from Viliani. Et de toto tenemento, quod ed in the Bomefday Inquifition,were diftinct from de ipfo tenet in Bondagio in Soca de Ncrtone cum per- the Servi and Viliani, and feem to be thofe of a Mon. Angl. 3 par. f. 609. a. tin. lefs fcrvile Condition, who had a Bord, or CotIBonCa, a Matter of a Family. tage, with a fmall Parcel of Land allowed to Bonis JCrrettaaDia is a Writ ; which fee in them, on Condition they fliould fupply the Lord Arrejiandis Bonis. with Poultry and Eggs, and other fmall ProvifillbonijS non atnofaenDtV, Is a Writ to the Sheriffs fions for his Bord, or Entertainment. of London, &Pc. to charge them, that one conOjDel, Lat. Bordellum. At firft it fignificd ademned by Judgment in a A&ion, and profecuny fmall Cottage, which growing infamous for a ting a Writ of Error, be not fuffered to remove licentious Ale-houfe, and the common Habitatihis Goods, until the Error be tried. Reg. Orig. on of Proftitutes thence by Degrees a Bordel, or ; fol. 131. b. by Metathefts a jODei ; Brothel and Brothel-houfe in Flintjhire. lBoniUtil. Bangor came to fignify a lewd Place, a Stews. From TSooftnij, or Bofing Co^n, Certain Rent Corn which Femme-bordelier, a common Whore. Hence anciently fo called ; the Tenants of the Manor of H. in Com. B. heretofore paid the Booting Corn, in Chaucer, a Borel-man, Contraction of Brothela loofe idle Fellow and to the Prior of Rochefter, Antiquity of Purveyan- man, Borel-folks, Drunkards, and Epicures, which the Scotch now call it was fo called, ces, fol. 418. See Bote. Perhaps In the Dialogue between Dives and Buriel-Folk. as bein paid by the Tenants, by way of Bote Dives. ' And Pauper, Printed in Lond. 1493 (Boot we ftill call it) or Compenfation to the Lord, * I dreade me thai full orcein for his making them Leafes. by fuch feyrcs ' Gooddes Houfe is made a Tavern of Berivickin Northumberland. Gluttons,
;

(qu* Cottagia vocani) habitabant, feu viUarum liEt in duabus bonchis attii vi den, the Houfe, mitibus, quaft JSo^Dererg. Spelm. Tenentes per -for two Bunches or Ropes of Onions 6 d. fervitia plus fervilia quam viliani, qui tenent niji Fr. Junius derives it from the Danifli Buncker, the acras. MS. But fee Bordlands. Some derive paucas Tops of Hills. It feems rather from the old La- it from the old Gall. Bords, the Limits or extreme tin Bonna, Bunna, a rifingBank, for the Term or Parts of any Extent: As the Borders of a CounBound of Fields. Hence the Word Bown is ufed try, and the Borderers, Inhabitants in thofe Parts ; in Norfolk, for Swelling or Riling up in a Bunch whence the Border of a Garment, and to Imbor

good Neighbours: Sometimes called, Afftfa bona O^Darta, a Cottage : From the Saxon, Bord, PatrU, when twelve, or more, are chofen out of domus. Mon. Angl. l Ton:, pag. 37. cum 18 fervis, the Country to pafs upon an Aflife ; and they are 16 villanis, 10 Bordariis, turn 60 acrisprati. called Juratores becaufe they fwcar judicially in BojDartl, or O/DUanm, often occur in DomefPrefence of the Party. Skene verb. Bona Patria. day ; by fome efteemed to be Boors, HusbandVid. AJpfors. men, or Cottagers ; which are there always put T&Ottih*, A Bonch, or Bunch. The Prior and after Villains. Dkuntur Bordarii vel quod in tuguBurfar of Biftter, Com. Oxon. An. 1415. account to riis

&

&

BiyD,
bula.

aB0;C0blCUUl, a Jeft,

'

from the French

or Board.

and a

Bordel

Bcurde, fa-

of Leychours.
(Sax.
is

Tabula, and paid in Fairs and Markets for fetting up Tables, Boards, and Facias publice proclamari ne Ebor. Salutem. quis Stalls, maeremium aliquid, feu Bordas aliquas aptas pro for Sale of Wares. In antiauis Chartis multi imnavibus faciendis, extra regnum voftrum ad par- mune* ftunt ah ifta folutione, fays Spelman. It is tes exteras ducat, tiel cariari faciat. Rot. Clauf. corruptly written, Borthalpeny and Brodhalpeny in fome Authors. 10 Ed. 3. SJCJDacii, are Tenants that occupy Pan of the ISctfNanofl, the Lands which Lords keep in Demefnes, which are called Bordlands. their Hands for the Maintenance of their Board or BJoiuagiUm, The Tenure of Bordlands, which Table. Eft Dominkum quod quis habet ad menfam fee ; Item ordinatum eft, te- fuam & quod omnes qui terras proprie, ftcut funt O2OlanD0 Anglke, i. e. nementa tenent per Bordagium, habeanl fuper Jingulis Dominkum ad menfam. Bract, lib. tract. c.
lSoarOsllfllfpennP,

O^Da,

A Plank

Board,

Rex

Vicecom. Halpenny, Obolus)

Money

&

4.

3.

9.

Bordagiis, que per prtdi&um (ervitium tenentur, ca- num.

pitalem

5.

Which

Poffeflion

quandam &c. Ordin. Juft.

manftonent
Itin. in

in

loco

ad

was anciently termed

hoc confueto. Bordage.

Sax. Diet, verba Bord.

And

the Bordarii
thofe

Infula de Jerfey.

This (often mentioned in Domefday) were fuch as held

a

thofe'

Lands which we now

fol.

call

Demain Lands.

O^Dinoe, The Firm, or Quantity of Food, or Provi/i on, which the Bordarii, or hord-mtn payed for their Bord Lands. The old Scots had the Term of Burd, and Meet-Bard, for Victuals :uid Provifions ; and Burden- Sa<k, for a Sack full of Provender. From whence probably comes our Burden at firlt 1o only a Load of Meat Law, but in ancient Baronies Englijb perhaps at and Drink Which we fecm ftill to retain in the the Making the Statute of Alton Burnel, it was Proverb, He has got his Burden, /. e. as much doubtful, whether Goods were dcvifablc but in Drink as he can bear, or carry off. Bordlode was ancient Borotvs: For it feemcth by the Writ De Ifo a Service required of the Tenant to carry rationabili parte bonornm, that anciently the Goods Timber out of the Woods of the Lord to his of a Man were partible between his Wife and Children. Houfe. BOJtiiSifrbice is a Tenure of Bord-lands; by T&a2VtUfa\b, i. e. Country People, from the which fome Lands in the Manor of Fulham, in Fr. Boure, i. e. Floccus : Becaufc they covered Com. Middle/ex, and clfewhere, are held of the their Heads with fuch Muff. Cbau. Fab. the
; ;
:

Antiq. of Purveyance,

49.

15<yoto*l)O!oer0 alias Borfboldtrs, be quafi Borfotand fignificth the fame Officers (hat be called Borow-beads. Lamb. Duty of Ctnfi. Braltsn callcth them Borvhy-Aldere, lib. 3. traSt. 7. t . 10. T&OZOta C&OODB oetoifflble, I find thefe Words in the Scatutc of Alton Burnil. 11 E. 1. c. unko : And fuppofc that as before the Statute of 31 d* 34 H. 8. no Lands were devifableat the Common
ealders,

Bilhop of London, and the Tenants do

in

now pay

of

Apparitor, fol. 43.

OfcacjE (Bofcagium) is ufed for that Food proba- which Wood and Trees yield to Cattle, Malt may it was taken From the Ital. Bofco, Syha. Howbeit Man-wood bly be conjectured, That anciently for thofe Companies confining of ten Families, fays, To be quit de Bofcagio, is to be difcharged which were to be Pledges for one another. Sec of paying any Duty of Wind-fall-Wood in the BraR. lib. 3. tract. 2. cap. 10. See Head-borow, and Forcft ; it may be derived from the Greek Word Borow-bead ; and Lamb. Duty of Confl. pag. 8. &ax.at t Pafcere. Bofcana, May be either Wood-Houfes, from Lyndewode upon the Provincial, (ut fingula de fenfiTit bus) fpcaks to this Effect, Aliqui interpretantur Bofcus ; or Ox-houfes, from bos. ipfi pojjunt doMon. Burgum effe caftrum, vel locum ubifunt crebra caftra, wns 8P Bofcaria fatis competentia_
fee in Cromp. Jurifd. fol. 24.
It

Lieu of finding Provifions fix Pence per Acre anciently for their Lord's Board or Table. The Breach or O.Jo.'tyiurl], or Burgh-Brycb. Violation of Suretylhip, or Pledge or mutual Fidelity among the Saxons. fficunUi or IScuoilQlV In Latin Burgus, Burgum; may be derived either from the French burg, i.e. pagus ; or from the Saxon borboe, pignus : It fignifies with us a Corporate Town, that is not a City, a . 3. cap. 3. namely, fuch as fend BurParliament, whofe Number you gefles to the

O^djOlOfr, the fame with Headborougb, from the Sax. Borbee Ealder , i. c. Edejujfor primarius.

ISo^tfjaUpenp.
H5o?U)l al'penp,
Poter,

The fame Duty

See Bord-halpeny.

In the Charter of Hen.

York, Cancnici

with Bord-peny

&

the Church of St. homines eorum jint quieti de

1.

to

Lcyrwyte, Hengewyte, cp Wardcpcny, & Borwhalpeny, & de omnibus auxiliis Vicecomitum, &c. MS.

may

adijicare.

A certain ruftical Pipe: By Inquithe Death of Laurence Haftings, Earl of Pembroke. 22 E. 3. the Manor of Ajiop Cantlow, in Com. War. is returned to be helcf in Capitt of the King, by thefe Words, gitod quidem Manerium per fe tenetur de Domino Rege in Capite per fervitium inveniendi unum bominem Peditem, cum quowhere this Cuftom holds, Lands and Tenements dam Arcu fineCorda, cum unoHotinno fine cappa, V. defcend to the youngeft Son ; or if the Owner Ex Record. Tur. Lond. 'Tis mentioned in of Land have no Iffue, then to the younger Broffi.ffar, /. e. an Ox-ftall. ther : As in Edmunton, fome Part of Richmond, Mat. Pari/. Anno 1234. and in Ingulpbus, Fecit turn and other Places. Kitchin, fol. 102. And the borrea, Boftaria, 0<uilia, &>c. that was the particular Reafon of this Cuftom, (fays Littleton) is, for that ll&offl, A Boot or Shoe, the Youngeft is prefumed in Law to be lead able Calceature of the Monks. In fome aftronomical to fhift for himfelf. Fragments of John de Wallingford, we fee the PiO^oU'slieaD, alias Head-borough, Capitalis Ple- Sure of the Author, with this Diftich : of Borboe, a Pledge, and Head. Lamb. gius, made up in the Explication of Tonfio larga com*, nigra vefiis, Bota rotunda. Duty of Conflahles ; where Nun faciunt Monacbum,fea mens a crimine munda. this and other Saxon Words of that Nature, he MS. Cotton,. J/. >.<$. rehearfeth fome ancient Cuftoms of England, during the Reign of the Saxon. This Bcrow-bead was the Chief Man of the Decury, elected by the ISoff, Signifieth Compenfation, Recompence, Lamb. Explicat. Sax. reft tofpeak, and do in their Behalfs thofe Things Satisfaction, or Amends. Words : Thence cometh Manbote, (alias) Menbote, that concerned them. See Borow-holders.
o(InnU0,
fition after
S

Burgus, ubi funt per limites babitacula plura confiituta; but afterwards defines it thus, Burgus did potejt Villa quacunque, alia a Civitate, in qua efi Univerlttas approbata. Some derive it from the Greek Word nvpyh, that is, Tunis. See Skene de verb, fiznif. Vergefian, in his Refolution of decay'd Intelligences, faith, That Burg or Burgb, whereof we take our Borough, metaphorior fome cally fignifies a Town having a Wall, Kind of Clofure about it. All Places that in old Time had amongft our Anceftors the Name of Borough, were one way or other fene'd or forYet fometimes this Word Lit. feci. 164. tify "d. is ufed for ViUa inSgnior, or Country-Town of more than ordinary Note, not walled. uJOto*<Fngli[b, Is a Cuftomary Defcent of Lands or Tenements, whereby in all Places
vel
dicitur

pa. fol. 302. ISofrtls is an ancient Word ufed in the Law of England, for all Manner of Wood. The Italians ufe Bofco in the lame Scnfe, and the French,

Angl.

2.

Bois. Bofcus is divided into High Wood or Timber, (Haut-bois), and Coppice or Under-Wood, {Sous-hois') High Wood is properly called Saltus,

and

in Fleta,

Maeremium
Pat.
1

Cum
o.

de mortuo Bofco.
Infpell.

H.

6.

par.

una Careita m. 4. pe r
.

that
--

B
that
is,

O
j

Others define it thus ; when I. S. lends MoCompenfation or Amends for a Man which was bound to another. In K. Ina's ney to a Merchant, who wants it to traffick, and hich Laws, kt out by Mr. Lambard, ca. 96. is decla is to be paid a greater Sum at the Return of the red what Rate was ordained for the Expiation of Ship, (landing to the Haxard of the Voyage ; this Offence. Hence alio comes our common and though the Profit be above the lawful IntePhrafe, To give to Boot, that is, Cempenfationis reft, it is not reckoned Ufury. See Skene dt verb, fignif. Tit. Bote. See ISObata fen se is as much as one Ox can plough in gratia. alfo Hedge bote, Plow-bote, Houfe-bote, Theft-bote, a Year : OBo bovatas terra faciunt carucatam terra, 0B0 carucata faciunt unum Feodum Militis. 28 acre &c. in their proper Places. Mr. S. in notis in Otelefo In the Charter of Hen. 1. to Thomas faciunt Bovatam terra. Archbifhop of York, it is faid, That no Judgment Statut. Cujus fingula Bovatae/awr quindecim or Sum of Money fhall acquit him that commits acta terra. Mon. Angl. par. 3. fol. pi. b. See Sacrilege ; but he is in Englijh called Botelefs, Oxgang. i. e. without Emendation. Lib. albus penes Cap. de Boucbe Of STOUTf, or (as the Vulgar call it) Wc Of Court, is to have Meat and Drink Suthnet. Int. Viae. Trin. 12 Erf. 2. Ebor. 48. For ib is the Fr. Avoir Bouche a retain the Word ftill in common Speech. See fcot-free there la Cour, to be in Ordinary at Court. Sometimes Fridfiol. Sciatls quod it is extended only to Bread, Beer, and Wine. Rex Ofertcia, Butterefs. concejjimus Johanni de Chifhull, Decano S. Pauli And this was anciently in Uie as well in the Lond. Thefaurario noftro qd' ipfe &> foc.fui Decani ejuf Houfcs of Noblemen, as in the King's Court ; as teneant appears by this Indenture. dem Ecclefia, in perpetuum habeant
flain,

UW

&

libere

&

Bothas fuat faciendas. Mon. Angl. 2. per ovels p.rtiones des iffues du dit Manoir de Chedworth, per les mains del gardein de mefme le Manoir, 132. Botljaaitltn, Boothage, or cuftomary dues &" avera le dit Monf. Johan pur la pees, quant il paid to the Lord of" the Manor or Soil, for the ferra maunde de venir al dit Counte, Bouche au Cour un Garfon, feyn, Pitching and Standing of Booths, in a Market or pur lui mefme, un Chamberlein Fair. prqvendre &> Ferrure pur trois Chivaulx pur la temps 19 H. 6- Rex concefftt Rob. Broke Picagium, Stallagium, Bothagium, "Tollagium, de fa demoure, Et pur la guerre le dit Monf. Johan una cum affifa panis SP cerevifia de Novo Mercato Mountra lui mefme convenablement, &P avera Bouche Oxon. Paroch. au Cour, ou liverie pur lui mefme, un Chamberlein 1 infra Villam de Burchefter, Com. 680. For the Original of the Word, trois Garfons, ou gages al afferant Antiq. pag. feyn, provendre 8P front the old Gallic bouts, Leather jacks, fee Ferrure pur cynk chivaulx en manere come autre de Mr. Kennet's Gloflary. Et fi il preigne fon efiat, ove le dit Counte, prendront. Bothna. buttons, buthena, Seems to be a Park prifoner, foit entre le dit Counte &>le dit Monf Johan, where Cattle arc inclos'd and fed : HeBor Beotius, fi come il fait parentre lui autres Bachilers de fa
ra;

S Endenture fait parentre les Nobles hornDecanus fieri fecit a parte auflrali CapelU, fua mes Monfieur Tho. Bcauchamp, Counte de 9 Juri. Pat. 35 H. 5. m. 14. which the Warwyke, dune part, &> Monfieur Joh. Ruffel de ffiofellana, a Buttery or Cellar, in Butts and Bottles of Wine, and other Liquors Strengejbam Chivalier d'auter part, tefmoigrte, cjue le ibit dit Veniet ad Patatium Regis, are repofitcd. Monfieur Johan. efi demeure ove le dit Counte pur in botellarium, & extrahet a quorunque vafe in diBa terme de fa vie, pur la pees &> pur guerre, '& prendra botellaria invento, vinum quantum viderit necejfa- pur la pees du dit Counte annuelement vynt livres, de la An. 31 vie du dit Monfieur Johan, del Manoir le dit Counte de rium pro faBura unius picheri claretti. Chedworth en le Countee de E. 3. pur la guerre Gloucefier, ll&Ofha, A Booth or Tent to ftand in, in quarant livres, i> ferra paie annuelement es termes Fairs or Markets. Et duas menfuras libe- de la Nativitee Seinte John de Baptifie C7J de Nowel

idem quiete duas columpnas botericias, quas

CE

TE

&

&

ad
f.

Par.

&

&

&

&

liby 7. ca.

123. n. 35. And Aul. Gell. lib. II. cap. 1. retenue pur terme de vie. Et voet &* grante le dit Bothena alfo fignifies a Barony, Lordmip, or She- Counte per ceftes prefentes Lettres, que fi la dite rent And Domini Bothena, are Lords of the annuele de xxl. pur la pees, ou de xl 1. pur la guerre riffwick.
&>c. Skene, de verb. Jignif.

Barony, Manor,

OtlUr

of

tt\e

43 Ed. 3. cap. 3.) King's Wines, who (according to Fleta. Lib. 2. Virtue of his Office, out of evecap. 21.) may by ry Ship laden with Sale- Wines, Vnum dolium eligere in prora navis ad opus Regis, &P aliud in puppe, &P pro qualibet pecia reddere tantum 20 fol'td. Mercatori. Si autem plura inde habere voluerit, bene licebit , dum tamen pretium fide dignorum judicio pro Rege apponatur.

foit a derere &P nyent paye pur un may atres afcun des i&mg, {Vincerna Regis, Anno termes avantditz, que bien life au dit Monf. Johan le dit Manoir de Chedis an Officer that provides the ou fon Attomie en celle partie en

worth defireindre pur

les

arrearages de la dite rent, Qpc.

Donne a no fire Chaftel de Warwyke le xxix. jour del mays de Marcz Van du regne le Roy Richard Second,
puis
le

Conquefi, fifme.

Anno

Bottomry, or Botfomarp, {Txnus nauticum, 6 Car. 2. cap. 6.) is when the Maftcr of a Ship borrows Money upon the Keel or Bottom of his Ship, and binds the Ship it felf, That if the Money be not paid by the Day affign1

ed,
del

the

Creditor fhall
eft

Bottomage

Neif, Viz. Si ne foit pay

It

have the Ship. Ceo qvand argent efi borrow fur Keil &> le Neif oblige al payment de ceo.
s

Neif.

Latch

Cafe.

otoerta, or JSsorrium, An Ox-houfe,or OxLoca ubi fiabulantur boves ; according to al temps, que Vauter averra doff, in X Script. And Mon. Angl. 2. parn. f. 210. Ad faciendum ibi bovcrias Rep. fol. 252. Scarborough's hath thefe Words, fuas,QP alias domos ufibus fuis neceffariis. The Scotch
ftall,

This Bouche of Court was alfo an Allowance of Diet, or Belly-provifion from the King, or Superior Lord, to their Knights, Efquircs, and other Retinue, that attended them in any military Expedition From the French bouche, a Mouth ; or rather from the Gall, boughs, Lat. bulga, Engl. budget, of Britifn original ; for the Welfa ufe bolgan, and the Irijb bolgy, by Metaphor, for bellows. See Mr. Kennet's Gloflary to Paroch. Antiq.
:

now

B
now
the

O
JSjflgCi

B R
lSjacinum, a Brewing: The whole Quantity of Ale brewed at one Time, for which TolfeJIer was paid to the Lord in fome Manors.
Vroughton in Hampfhire.

call a Cow-houfc a byer, as in the Ballad of The bolt few over Chrift Kirk on the Green,

Bycr.
in Glamorganfiiire. See Bovium. in Wales, lb called The

ObfrtOn,
ffiOUtum, the Ancients,
verton.

Town

is

now known by

the

Name

by ot Bo-

Brampton.
E$<artCafler.

Sec Bremenium.
Sec Branodunium.

ISobfnUtf,
fcd.

young Steer, or Bullock,

caftra-

JBiantip, a

Kind of
in

Spirit,

or

and extracted from the Lees of Wine or Cyder, mentioned in the Afl Paroch. Antiq. p. 187. 20 Car. 2. cap. I. Upon an Argument in the ExSJotiic Ula, An Heifer or young Cow, which in the Eaft-Riding of Torkfliire they call a Whee, or chequer, Anno 166S. whether Brandy were a StrongPoffunt fufentari fexdecim vacca, &P water or Spirit, it was refolved to oe a Spirit. But Wbty. unus taunts cum boviculis. Paroch. Antiq. pag. 25 Novem. 16(59. by a Grand Committee of the whole Houfe of Commons, it was voted to b a 495Secun- Strong-water, perfectly made. Sec the Statute in 330tUlD, or BoUllDarp, (Bunda) dum metas, merits, bundas, G* Manhias Forefa, Purfuancc thereof. 22 Car. 2. cap. 4.
quatuor bovicuU fcemins.
chiefly
France,
1

Unus bovcttus mas,

made

Strong -water,

8 Ed.

3.

bin. Pick.

fol.

6.
it

Sir

Edward
the

Coke, in

4 Inf.

fol.
;

318.

derives

from

Saxon

I$2ailODUniUtTl, Brancafleria Norfolk.

Burma

but the Saxon Dictionary affords no luch

jranogenium, Worcejin.
V<fafuut.
Cujufcunque Uxor Brafiabat intus

&

Word.
S$Otobfarer is an Undcr-Officcr of the Foreft. whole Oath will inform you the Nature of his
Office, in thele
true

To

extra civitatem Heref. dabat

denarios.

Lomcfiiay.

Brew.

JBjafiatriE, a

She Brewer.

Words

brajiaverit Cervifam, folvct TolfeJIer. de Thurgarton.

in
their

Siqua Brafiatrix Reg. Priorat

IWtU

Man be to the Mafer

;

to his

Lieutenant

and

of this Foref, and Abfence I JhaU

TSlnhnn, or IStacina, and Brafinaria, a Brewhoufc.

well of BS^afium, Malt. In the ancient Statutes Bratruly over-fee, and true Inquiftion make, as [worn Men as unfwern in every Bailiwick, both in the fiator is taken for a Brewer, from the Fr. Braffeur; North Bail and South Bail of this Forefi, and of all and at this Day alio for a Malttcr or Malt-mukcr. manner of Trefpafs done, either to Vert or Venifon ; I It was adjudged, 18 Ed. 2. Quod venditio Brafii fall truly endeavour to attach, or caufe them to be at- non efl venditio ViHualium, nee debet puniri ficut venditio tached, in the next Court of Attachment, there to be Panis, &* Cervif*. gp hujufmodi contra formam Statuti. had to my Know- To make Malt (Inland Malt) was a Service paid frefented, without any Concealment &n IjcJp mc <2$0D. Crompt. Jurifd. by fome Tenants to their Lord. In manerio de Piledge. fol. 201. dington quilibet virgarius prtparabit Domino unum quarter/urn Brafmi per annum, Ji Dominus invtniet See Bufones. boftum ad ficcandum. Paroch. Antiq. p. 496. Bt)50nfjet. jnctlett^, Hounds, or rather Beagles of the gallon, Was a famous Lawyer of this Land, fmallcr and flower Kind. Rex conflituit renowned for his Knowledge both in the Common L. Mapiftum canum fuorum vocatorum Braceletts, and Civil Laws, as appcarcth by his Books every J. dans ei licentiam experiendi eofdem canes, necnon ha- where extunt. He lived in the Days of Henry bendi ef faciendi cum eis feBas ad qmafcunque befiias III. Staundf. prttf. fol. 5. b. And as fome lay, was chaceas Juas trout fibi fore videlitur Lord Chief Juftice of England. infra foref as Broth or Pottage. 1iB;atl)ia, Sax. broth, faciendum pro expeditione & information diBorum caPat. I. Ric. 2. p. 2. m. 2T. num. Conceffi totum feodum meum de pincernaria Glaftonix um pertinentiis, ut in pane, vino, &f cerevifa, B?arcnariUB, (Fr. Braconier) The Huntfman mandat Baronibus arne, pifce, five alio yuocunque genert companagii, Matter of the Hounds. quod a'.hcent Rob. dc Chadcmoth Vicecom. Lincoln. fve leguminis, jus, brathia, &> aliis qmhufcuvqut ad

&

Rex

Cartular. Abbat Glatton. quos per praceptum Regis liberavit Joh. feodum pertinentibus. feptem Leporariorum, fip MS. f. 74. a. pro putura Lanerar. &P pro vadiis unius Bratrium falconum 15,21^1) Camium. By Breath Carvium, Thtmsu cenarii, a die S. Joh. Bapt. An. 14 ufque ad vigil. Crew, Mailer of the Hofpital of St. John Battifi, S. Mien. prox. fequent. utroaue die computato, viz. pro without the North-gate at Chefer, claims Quod pro omnes Tenentes fui infra eorum lihertates reft'denies Jint putara cujujlibet Leporarii GP <FaIconis I d. ob. Com- quieti de venditicne tarnium. Pla. in Itin, apud Cert. vadiis pr<edi8i Bracenarii per diem 1 1 d.
hi.
s.

vii.

d.

de Bellovento

&

&

put. de

Anno 16 Ed.
indagator

1.

Rot. 10. in dorfo.

Fr.

14 H.

7.

'fagax,

02 ntf, Paris Triciti, Is one of thofe Sorts of Bread mentioned in the Statute Leporum. was properly the large Fleet Hound, Brachetus of AJTtfc of Bread and Ale, 51 H. 3. Stat. I. where was the Beagle or fmaller Hound : Bracheta, the you may read of Waftel Bread, Cocker Bread, Bitch in that Kind. Cart. Hen. 2. Reg. Ang. and Bread of Treat, which may anfwer to three now in Ufc with us called White, Whcatcn, Concedi eis duos leporarios, quatuor bra- Sorts cctos ad leporem capiendum. Mon. Angl. torn. 2. and Houfhold Bread. Heretofore in Rcligiou> Houfes they diftinguifhed Bread by thefc feveral 283.

IS^aeffUH, Brachetus,

Brachet. Braco Canis Fr. Brae. So as Braco

B^faDOf Unraf

&

p.

tern

I3#att)ffa, Canis fecmina, qute Leporem vel Vulex odore perfequitur, vulgo a 15^SCl)P, Gal. Et duos Leporarios GP quatuor BraBrachet.

Names
tanis
Cccket.

Panis

Puerorum,

Armigerorum, Panis Conventualis, See and Panis Famulorum.

chctas ad capiendum Leporem gp Vulpem.

II

Ed.

2.

IS^acina, dale, Mil.

aBrcw-houfe:

MS. per.es

other wnt T3}tCCS, A Breach or Decay, or any of Repair. I have feen a Deed, with Covenant Muros brcccas portas Wil. Dug- for Repairing, de brccca aqum foffatas cafeUi, fnt dat.

Charta

&

tttttr

inter

Wolwich
Dorf.

&

Greenwich

16R.1.
SJjeDe,

Word,
and

lib.

Signifieth broad ; 3. trad. z. cap. 15.

thus, Too large, and too brede too broad. UJ^eOe is alfo a Saxon Word,

any Fee, Pcnfion, Gift, or Reward, for doing his Office, of any Perfon, favc the King only. BraBon ufeth this Fortefcue, cap. 51. and 3 Inft. fol. 145. nu. 7. proverbially lf$,Jlt>OJ, Cometh of the French Bribeur, i. e. thai is too long, Mendicus : It fcemeth in a legal Signification one ;
fupervidend.

that

pilfereth

other

Mens Goods,
the like.

as Cloaths
2.

ceit.

cognitio quod fit. Teflimonium eft Leges Canuti, Par. 2. cap. 22. HB^eOglirna. What wc now call Bridegroom. ZeDetoite, Sax. bread, and Wite, a Fine or Penalty. So as Bredwite fecms to have been the Impofition of Fines or Amercements for Defaults To be exempt from that in the Affife of Bread. was a fpecial Privilege granted to the Penalty, Tenants of the Honour of Wallingford, by King

&

and

fignifies

De- out

of a

Window, or

Anno ;8 Ed.

ibi

Brede

Stat. 1. cap. unico.

K$ld)CnitrtU0.

Way,
mitis.

in pifcariis

&

Idem quod Chimine, Anglice a mar'ifcis in Bricheminis fe-

Cange. IBJtCOlIfl, an Engine, by which they beat down

Du

&

Walls.
T$}itf (Breve) fignifies a Writ, whereby a Man fummoned or attached to anfwer any Action ; or (more largely) any Writ in Writing, iffutng out of any of the King's Courts of Record at
is

Hen. II. Ut quieti Jint de hidagio &P blodewite, Paroch. Antiq. p. 114. bredewite. Weftminfter, whereby any Thing is commanded 35^fl)On, The Irijh call their Judges Brehmes, to be done in order to Juftice, or the King's and confequently the Trip Law is termed Brehon Command, and is called a Brief, or Breve : Quia Breviter Law. See 4 Ink. fol. 35S. paucis verbis intentionem proferentis expomo- nit explanat, ficut regula juris rem qua ell Brevi^eiflts Weather-Sheep. Comedo Deo Monaft. Tom. 1. ter enarrat, fays BraBon, lib. 5. Tr.xB. }.cap. 17. nacbis 30 Breifnas Jingulis Annls. num. 2. Alfo Letters Patent, or a Licence from cap. 406. the King or Privy Council, granted to JS^ementtim, Brampton in Northumberland. any Subject to make a Collection for any publick lS^ementUCaCUm, Brumpton in Cumberland. the Payment in Bran,, which or private Lofs, is commonly (tiled a Brief. Sec BJzenagiutn, the Tenant was to make to feed the Lord's Writ.

&

&

&

&

SJiicra, French Brigue, that is, Strife or Contention. Ei pofuit terram in Brigam, Cf intricavit Cafaromagus. Sciant quod ergo terram ; fcilicet, per diverfa fraudulenta feoffamenta. Jg^Ctopff, or TS'StOlS tOmnibus liber is Bur- Ideo committitur MarefhaUo, &c. Ebon Hill. I 8 Ed. Henricus de Penebrugge Dedi meis Burgi met de Penebrugge omnes libertates 3. Rot. 28. genfibus

Hounds.

jmttoOOD. See

Bregi liberas confuetudines fecundum legem de 33-Uganotne, (Fr.) a Coat of Mail, or a Fafhion of ancient Armour, confilting of many jointferiis appertin. fecundum tenorem toyfe nundinis Chart* Domini Henrici Regis quam habeo. Habendum, ed and fcale-like Plates, very pliant unto and ea&>c. Sine dat. Secundum legem) de Bretoyfe, muft fy for the Body, mentioned Anno 4 5 Phil. Some confound it with Haubergeon ; fignify Legem Matchiarum; or, The Mar. cap. 2. certainly Law of the Britains or Welshmen : For Penebrugge and fonie with Brigantine, (in Writing which (now Pembridge) is a Town in Herefordshire, bor- there is only thed turned into *) which fignifies a

&

&

&

J3;.Ct)C, Which haply may be fo called from the Brevity of it, is any Writ directed either to the Chancellor, Judges, Sheriffs, or other Officers, whole Variety and Forms, you may fee in the Regiftcr per totum. The Word is ufed in the Civil Law according to feveral Senfes. See Skene And BraBon, 1. 5. de verb, figrf' verb. Breve. traft. 5. cap. 17. num. z. Breve, quia breviter >

dering upon Wales, See Cambretonium. 35^etttiltiam

low, long, and fwift Sea Veffel, twelve or thirteen Oars on a Side.

having fome
Bifhoprick of
effede anxi1.
;

JSpQmtee,
dando ad
It is

Torkjhire, Lancafiiire,

Durham, Wefimorland, and Cumberland. TSm^Ote, or TSiU^bOte, Eft quietum

lio

reftciendum Pontes.

Fleta. lib.

cap.

47.
Bote,
fol.

bote,'A

compounded of brig, a Bridge and Compenfation or Yielding of Amends. See

Bruckbote.
Selden's Titles

and

of Honour,

622,

intentionem proferentis txponit, &e. paucis verbis

Any jltfjof, King Hen. III. in a Charter to the Writ or Precept from the King, was called Citizens of Lond. dated 16 Mart. An. Regn. XI. Ad emendationem Civitatis London, eh conBreve, which we ftill retain in the Name of Brief,

the King's Letters Patent to poor Sufferers, for

Collection.

cejjimus,

Child wite,
Placit.

pfrquirtte, To purchafe a Writ or Ltcenfc of Trial in the King's Court, by the Hence the prcPlaintiff, qui breve perquifivit. fent Ufage of paying fix Shillings and eight Pence, where the Debt is forty Pounds and ten Shillings, where the Debt is too/, and lb up-

quod o.nnes Jint quieti de Brithol, Qp de de de Scotal, Jerfigne,

&

jebe

143. b. Penes Dom. Fountains. ffiiitton, Was a famous Lawyer, that lived in the Days of Edward the Firft, at whofe

temp. Ed.

I.

&

&

Ed.

II.

MS.

fol.

King

Command, and by whole

Learned Book of the

Law of

Authority, he Writ a
this

Realm

The

wards, in Suits of Money due upon Bond. ^ebCDeiSfttO, A Writ of Right, or Licenfe for a Pcrfon ejected, to fue for the Poffeflion of an Eftatc detained from him. (tebibua 9- 3Rotuli Itberanois?, Is a Writ or Mandat. to a Sheriff, to deliver unto the new Sheriff, chofen in his Room, the County, with the Appurtenances, una cum Rotulis, Brevibus; and all other Things belonging to that Office.
Reg. Orig.fol. 295. a. Jj^ibtry, Is a high Offence, viz, when any Man in a judicial Place, or any great Officer, takes

the King's Name, as if it had been penned by himfelf, anfwerably to the Inftitutions which J-uftinian affumeth to himin
felf,

Tenor runneth

though

compofed
Sir his

prar. fol. 6, &> 21 . this Britton writ

Year of Edward
fil

others. Staun.'f. Coke faith, That in the fiftieth the Firft. Lib. 4. fol. 116. a.

by

Edward Book

lib.

6.

f.

67. a.

Mr. Guin,

Reading, mentioneth, That Bifhop of Hereford.

in his Preface, to his this John Britton was

TSW*

Hire or Trade of a Broker.

is

25::ofe, An old Son of Sword or Dagger, Jurati dicunt fuper Sacramentum, quod Johannes taken for the Means ufed by a Spokcfman. An. dc Moncmne Miles per Robcrtum Arniwerum alfo fuum, percufit Adam Gilbcrd Jac. cap. 11. it is written Brokerage. See CaprUanum <it \\ il H. 4. . 28. not printed. ton, in gutture, quodam gladio, qui di itstr brok, utiam brocellam vocatam per quod propinqmior erat <fe</' OV. Rot. Pari. BiOCtilfl.
23;0Cflflf
Is

commonly taken
In

for the
2.

u R.

Wages,

cap. i. it

morti,

Rahag. Reg dc Thurgaton. MS. Dr. Tboroton in- 35 E. 1. 1 have not el fe where met HcVOhr, Commonly called Sir Robert Broke, terprets it" a Wood. with the Word, nor know I whence to derive it. was a great Lawyer, and Lord Chief Jufticc (So Blount). The Word did properly fignify a in Queen Mary'i Time. Cromp. Jufticc of the Thicket or Covert of Buflics, and Brum-wood Peace, //. 22. 4. He made an Abridgment from the obfoletc Lat. brufcia, brufca, terra brtifco- of the whole Law, from him intituled Broke's Hence our; Abridgment. French brect, broceUe. brocia J'a, or brouft of Wood, and broujing of Cat,'nkmr , (Broccatoret, Broccarii &" Auxionarii) brouce, arc of two Sorts; the one an tle. Extbange.Broker, An Awl, or large packing Needle, whofc Trade is to deal in Matters of Money and XB:0'"f)8, carried as a ncccflary Implement to mend Sacks, Merchandifc between Englijiimen and StrangerSaddles, and other Horfc-gecr. From the French Merchants, by drawing the Bargain to particuBrocbe, a Spit, which in fomc Parts of England is lars, and the Parties to Concluiion ; for which; called a Brocbe. Whence to broach or pierce a. they have a Fee or Reward. Thefc arc called Barrel Lat. Brocba, Brochia, Gall. Broches Armour. Broggers, Anno 10 R. 1. c. I. and in Scotland BrocBremen, were ftiarp wooden Stakes, which, as us'd carii, that is ( according to Skene ) Mediators or upon the Sea-banks in Romney-Marjb, arc called Intcrccflors in any TranfaGion, Paction, or ConNeedles. It is true the Learned Spelman did tract, as in Buying, Selling, or Contracts of Marto be a riage. Broggers of Corn is ufed in a Proclamation conjecture the Word Brochia, or Brocba, Sort of Can or Pitcher, to hold liquid Things, as of Queen Elizabeth for Badgers. Baker's Cbron. SaccHt to carry dry Things; as it is rendred in fot. 411.' He that would know what thefe Brokers the following Word Brocbia. But it fecms much were wont, and ought to be, let him read the rather to fignify, as I have before explained it, Statute 1 Jac. cap. 21. The other is the tatinan Awl, or a Needle. It was certainly an Iron Broker, who commonly keeps a Shop, and let* Hcnricus out Money to poor and necefCtous People upon Inftrument, as in this Authority, de Havering tenet manerium de Morton, Com. Ef- Pawns, and not without Extortion for the moft unum bomlnem, cum Part Thefc are more properly called Friperers fex, per Serjantiam inveniendi & quatuor ferrls equorum, &P uno or Pawn-takers, and are not of that Antiquity or pret. x. S. unoequo, Anno Credit as the Former ; nor does the faid Statute una brochia ferrea. facco de corio, cf allow them to be Brokers, though 'now commonly 13 fid. 1. The Original of the Word is Sax. viz.. )5^0Cl)ia, (from the French Broc, quod lagenam fo called. Can from Breacan, to break, ana from thence comes majorem aut Cantbarum fgnifcat ) A great or Pitcher. BrdHon, lib. 2. trait. 1. c. 6. hath thefe Brocod, i. e. a Trader broken, or a Bankrupt, and Words, Si quit teneat per fervitium inveniendi Domi- that from Broc, which fignifies Misfortune, which no Regit certii lecit &" temporibus, unum bominem CP is often the true Rcafon of a Man's breaking; fo unum equum, &" faccum cum brochia, pro aliqua that Broker came from one who was a broken Tra vet utilitate exercitum fuum contingente. By der by Misfortune, and none but fuch were fornecejjitate which it fcems that he intends Saccus to carry merly admitted to that Employment, and they See Saccus, and were to be Freemen of the City of London, and dry, and Brochia liquid Things. allowed and approved Brocba. by the Lord Mayor and This may take its Derivation from Aldermen for their Ability and Honcfty, and lSiODfrfl the French Brodeur, and that of Bordure, Fimbria, they took an Oath to behave themfelves faiththe Edge or Hem of a Garment, which wc yet fully. call Border, and that becaufe it is ufually diftinTtotOttue, Bruifcd, or hurt with Blows, Wounds, the Reft by fome conceited or coft- or other Cafualties Mandaium ejl a T>emin guifticd from Work He that worketh it, is known amongft Rege, ne quis maSet broflas bejlias in Oxoniu ly Clauf. 12E. 5. P. 3. Dorf 2. us by the Name of an Embroiderer. H5^ori)fl[)oufCF. King Henry 8. by Proclamati BJ^ODthalpfllP, In fome Copies Broad-half-peny, and in others Bordhal-peny. It fignifies a fmall Toll on 30 A/arnf>,thethirty-feventh Yearofhis Reign, to the Lord of the Town, for let- fuppreflcd all the Stews, or Brotbel-boufes which by Cuftom paid ting up of Tables, Booths, or Boards in Fairs long had coutinucd on the Bank-fide in South And thofc that were freed by the mark, for that they were prohibited by the Law or Markets of God, and the Laws of the Land. 3 Injt. fel, Ring's Charter of this Cuftom, had this Word in their Letters Patent ; by Rcafon whereof 205. and Rot. Pari 14 R. 2. w. 32. put 'Jl&nianum and a?JUp^lUIH. Sciant qucd ego at this Day, the Freedom it felf, for Brevity of tetam terran. Speech, is called Broad- balfpeny. It feems to be Thomas de Efileya miles dedi derived of three Saxon Words, bret or bred, that meam de Morton, cum Bruaiio quod ivcatur It that is in the behalf of, as CtialCnfl. Ex M. S. penes Will. Dugdalc Arm is, ft Board, and bahe, we fay in Latin (cujus rei gratia), and penning, a Heath, or the Ground where Heath grows. Sec Toll, which in all makes ft Toll in behalf of, or Bruyere. for a Board. T&f\\(kbOte, Is compounded of two German from the Fr. Bragard, a gay, vain Words, Brack, Pons, a Bridge, and Bote, Ccmptnm>20ga,<ir\' , It with us a Tribute Pcrfon, who lives in Luxury, and that from the fatio, a Reward fignifies old Fre h Word Braguerie, i. *. braving or fwag- or Duty, towards the mendirg or re edifying of Bridges, whereof many are Irccd by the King's gering.
;

7)1

3><JOg2 er *'

S* e Broken.

Charter

arid

thereupon the

Word

is

ufed for the

B
the very Liberty or

R
this Tribute.
1

U
&
QPdt
omtlibus mifericor-

Exemption from

{
.

See Pontage, and Brigbote. Ranul!&;ut>aru0, Bordered, Embroidered. phus Epifopus Elienfis, contulit MonacbU quoddam &* cafulam cum veftimentum croceum, cappam fcilket Alduas tunicas dorfali imaginibus brudato, bam bonam brudatam cum imaginibut. Hilt. Elien. apud VVhartoni Angl. Sacr. P. i. p. 604. or heathy H5,juella, Perhaps a little Wood, Ground In JDominicis Bofcii Domini Epifcopi,

Et quod maleBlKklarium, A Buckler. bucklanis, ac aliis fa&ores noBar.ter cum gladiis armis, &c. Clauf. 26 Ed. I. m. 3. tntus. Et fint quieti de Chevagio, HcndIKfeffaH.
peny, Buckfta.il,
diis,

&

Semplingham. By the Statute 19 H. 7. ca. u. It feems to be a Deer-hay, Toil, or great Net to catch Deer with ; which

&c

&

Triftris,

Privileg. de

laid Statute is not to be kept by any Man that hath not a Park of his own, under Pain of

by th6
40/.

fcil.

Priorar.

in brucllis ex parte auftrali Regii itineris. de Wermley, fol. 24.

llB^uere,

So

we call

and fignifies longitudine &> latitudine

Erica,

To be quit of Buckftalls, i. e. Vbi homines convethat which the Latincs Name nire tenentitr, ibidem convenire ad ftaUeiam faciendum ad eafdem congregand. quiet um ejfe Heath : Bruaria 2 leucarum lirca feras

Reg

&

Domcfday.
campos

Hac autem
licet

de hoc fervitio, quando

f.

Dominus

chaceaverit.

Inft.

H5lick?irl)cat (Mentioned in the Stat. 1 j C. 2. Heath ; a Sax. c. 5.) is otherwife called French Wheat, and well H5^Uf ria, Briars, Thorns, Brum, A. D. 1434. Humphry Duke of known. In EJfex it is called Brank ; in WorcefterBr*r, Briar. the Forcfter of Shotore fhire. Crap. Qloucefter, acknowledges and Stowode, tantum de arboribus brucriis, BJuDgf, Lambs Fur. Sec Bouche. habebit. Paroch. ISllDgC Of Court. indiguerit quantum pro veftura A. D. 13 13. 3. Kal. Jan. Epifc. H5ll{ietUTrt. 620. Hence Lat. Brolium, broilum, Antiquit. p. Foreft. Bath. Well, concedit annuam briulum, Brullium, a Hunting Chafe, or phfionem duarum man. Fr. Bred, cum tenia parte unius panni de feBa Clericorum r.c* BruiUus, bragiUus, a Wood, a Grove. of Trees, in ftrorum, una furura de bugeto, pro fupertunica, & breuil, breuille, a Thicket or Clump

vacant appellatione forenfes fteriles edant. Spelman.

Ericam

305.

mn

&

&

a Park or Foreft. Hence the Abbey of Bruer, in the Foreft of Wiebwood, Com. Oxon. and Bruel, Brehul, or Brill, a Hunting Seat of our ancient Kings in the Foreft oSBernwode. Com. Buck. 35;uiUetU, A- Mall Cops or Thicket, a little Dedimus Willielmo Briwer Tuentiam Wood. claudendi duos bruilletos, qui funt extra regardum Founus eft inter Swinburn SfEftorreft* noftr* quorum brig. Cart. Ric. 1. 3lf>2Uneta, i. * Pied Cloth : Viginti tunic* de 'Tis fometimes wrote Burneta, viv bono bruneto
:

alia pro capucio.

Rcgift. Joh. Drokensford. Epifc.

Co.

Bath. Well.

differentia inter

brunum

colorem Qfi

burnetam

bru-

nus enim

color
:

poteft fieri

Ruffetum
tificium

Burnctum

ex lana abfque tinBura, via. arvero tinBuram

requirit

&

hominis quoad colorem.

i.

Lyndewode.
naftra confirma-

15?uncttum
HP^ufCia,
e.

See Burneta. Burnetum. Charta

de Brulcia de Monaft. Tom. 1. pag. 773. after his Majefty's Happy Reftoration. Sometimes it fignifies a Wood. Ulga, Bulgia, A Budget, Port-manteau, or e. embroidered : IBjUiJDUg, juoatttf, Cafu- any other Continent for portable Goods. lam imam per Mum brudatam. Monaft. 1 Tom. Bulgas c> manticas eorum efferri, &= expilari juftit. In feme Books 'tis Brullatus and Brujla- Will. Malmesbur. de Geltis Pontif. lib. 1. See pag. 210.
virnus centum acras tarn de terra

quam

12 pag. 36. hath been defined to be Carnalis copula contra naturam, & h*c vel per confuftonem Specierum,fc. a Man or Woman with a brute Beaft; vel Sexuum, a Man with a Man, or a Woman with a Woman ; fee Levit. 18. 22, 23. This Offence committed either with Man or Beaft, is Felony without the Benefit of the Clergy, being a Sin againlt God, Nature, and the Law> 25 H. 8. reyived, an. 3 Eliz. 17. It was brought into England by the Lombards, as appears Rot. Pari. 50 E. 3. num. 58. Sec F. N. B. 269. and Balton. In ancient Times fuch Offenders were to be burned by the Common Law. This moft detcftable Sin was molt juftly excepted out of the Aft of General Pardon, 1 2 Car. 2. c. 8. made
Rep.

ugflerp, Accordfng to
Italian

comes from the

Buggerare.

It

manerio de Riveria.

'

Quinque capas Bouche of Court. Bull, (Bulla, Ital. Bolla) was a Gold Ornament H&ZUfbmfTtt (Cbarta Foreft*, cap. 14.) Brufll- or Jewel for Children, hollow within, and made wood. Sciatis nos dedijfe Ucentiam quatenus totam inFafhion of a Heart.to hang about their Necks; terram fuam qu* ftta eft infra metas foreft* de Rote- but now it is moft ufually taken for a Brief or lard, &P quantum ibi habent Brullii pojjint excolere, Mandate of the Pope, or Bilhop of Rome, from Monaft. pag. the Lead or fometimes golden Seal affixed there" conwrtert ad terram arabilem. to; which Matthew Paris, Anno 1237. thus de052. SJ^ufua and 2Ufula, Browfe .or Brufhwood. fcribes. In Bulla Domini Pap* flat imago Paul! a Mon. Ang. I par. f. 773. dextris Crucis in medio Bulla? Petri a fifigurata, The Word is often ufed in our Statutes, 13,JUJ>ere (Fr. Bruyere, Lat. Bruyrium, erica, qua- niftris. Heath and Heath-ground. Paflura xi as 28 H.8.C.16. 1 e> 2 Ph. &> Mar. Ji ericetum) cap. 8. and quarentenarum ? dimid. longitudine & latitudine. 1 3 Eliz.. cap. 2. Non folum figillum ftgnificat impri Bruaria 2 leucarum longitudine latitudine. Domefd. mens impreffum, fedipfas etiam literas bullatas e> Tit. Dorfet. Ecclef. Creneburn. Hac interdum fthedulam feu bullam. Miftt quoq; ArchiepifIngelingbam. autem appellatione Forenfes vacant fteriles camporum <-opus (Cantuariae) Regi Concilio fuo fchedulam five folitudines, licet ericam non edant, Heath. ground. Bullam, in hunc modum confinement, &c. Spelm. Sp de Brinkle recovered William Spelm. by Vcrdir a^ainft 5I5UCIUUS, A military Weapon for a Footman. Otho, Parfon of the Church of 10 1. Pro Befton, Pctrus de Chetwode tenet per Ser- fubtraBione unius Bullae Papalis de Ordinibus, alterius terti* Bullae de veniam exojantiam inveniendi tmum hominem peditem, cum Bullae de legitimation, una lancea uno bucino ferreo, per xl dies< Tenures rantibus pro animabus antecejforum fuorum. Trin. 4E. p. 74. 3. Rot. 100. Bulla oUm figillum ftgnificant. doff.
tus, feptem capas Brullatas, Thorn, Monaft. 301. [ericas auro Brullatas.

&

&

&

&

&

&

in

BU
in

BU
&

fays Swinhum, p. 1. f,R. 2. num. 6. Ad militiam non pertitiet, habetur idea inter ignohile, tenuras. Menrer. lib. 8. fays, that (his Word tioned 37 H. 8. cap. 20. Itim'non utimur facerefiVirg. De Invent, lyd. leems to be derived from the Greek i,u\i), confi- delitatem yel Servitium forinftcum Dominis [cedorum tenement! 1 noflrii, 1'tur/i. pro terrii nifi tantummodo ttddithat certain tns nofiros de eifdem terris extuutes ; flguUenger. The Commons petition, quia itnemm terCommiflions iffucd to Cities, for preparing Boats ras Of tenementa sta per Servitium

murium.

x Scriptorcs. Per banc Chartam aurea Bulla Charta 15 Johannis, n. }I. intus. Po-

and

nofira Burgigii, repealed, the Parliament quod tion babtmus Medium inter mi fcf Dominum Confuctud. not having confentcd thereto. Rot. Pari. 1 H. 4. Regem MS. Codex de LL. Statutis Sec Balenger. 22. Burgi villx Mountgomer. a temp. H. 2. Burgage the was alfo Bullion, Cometh of the French Billon, anciently ufed for a DwcJling-houfe in a or Metal whereof Gold is made It fignifi- Boraugb-Toivn. Ore, Silani eth with us Gold or Silver in Mafs or Billet. .Quod ego Editba filia fohannis de AuDeo E. 5. Stat. 2. cap. 2. And fometimes the King's la in ligea virginitatt Qp potejlat* me* dedi 9 the @P BeaU Maria, Qp omnibus Santlii Qp Exchange, or Place whither fuch Gold in Eleemofynari* In liber am, pstram Lump is brought to be tried, or exchanged. An. Leominfir. profalute Anima met. 10. See Skene de &> perpetuam Eleemofynam totum Mud Burgagium 27 E. J. Stat. %. cat. 14. 4H.4. verhor. Jignif. verb. Bullion. Gervafe of Tilbury fays, cum tdificiis Qp \pertin. fuis quod jaet in Villa L*oof the Salt Springs in fVone/lerJhire) minfir. Ex libro chartarutn Priorar. Leom. ( writing That of old they called a certain Quantity of jpurgagium llberum was when the Tenants had paid their yearly Rent to the fuperior Lord, Salt, Bullion. TibuUttlO ?alii, As much Brine or Salt, as is Ithcy were free from all other Services. luMirgbotf, Compounded of Burg, Cafiellum, made from one Boiling. What the Learned Du and makes to be Menfura Sali- and Bote Compenfatio, (ignifies a Tribute or ConFrefne calls BuUio, than bullitio, one Wealing or tribution towards the Building or Repairing of naria, is no other So arc the Bullones, in Mon. Angl. torn. Caftlcs or Walls of Defence, or toward the EdiBoiline.

Bullengers

may be

&

fying a Borough or City ; from this divers had Exemption by the ancient Charters of the Saxon ORo Kings, whereupon it is ufually taken for the Rcttius in libro confuali apud Nantwich. &P Comiti fingulis veneris Exemption or Liberty it felf. Raft. Expofiputeifalinarii redde'bant Regi TheMeafure fcems tion of Words. Fleta., fays, Significat quietandiebus fexdecim bullitiones. to the Quantity of their tiam reparationis murorum Civitatis vel uncertain, according Burgi, lib. &c. The laft Ingenious Edi- 1. c. 47. Pits, Cifterns, be See Borow-Englijh. H&urgs<ngliff>. tor of Cambden thinks the Bullitio Salts might with a Barrow, or Mcafure of twelve lSurgemote, Sax. Curia vel conventus Burgi vel the fame Civitatis } the Borougb-Court. Et babeatur in Gallons. an. ter Burgefmotns, Qp Scbiremotos bis, See Blatum. in Cumberland. 1l&ulnef0 nifi fapius after it is fit, Qp interfit I&ultel is the Refufe of the Meal Epifcopus Qp Aldermannus, tzf doit is ceaist ibi Dei reSum Qp dreffed by the Baker ; alfo the Bag wherein feculi. LL. Canuti. MS. dreffed. I find the Word mentioned in AJfifa pa- cap. 44. An. 51 H. \. Hence Baited, Bread, BJlirgeffea (Burgarii QP Burgenfes) arc properly nit &> ctrvifi*. coarfe Bread. This Word may be derived from Men of Trade, or the Inhabitants of a Borough the German Beutel, a Sieve, beutebn, to bolt or to or walled Town ; yet we ufually apply this Name which Menagius to the Magiftrates of fuch a Town, as the Bailiff lift: Gall. Beluter and Bluter; and Burgeffes of Leominfier. But we do now ufualfancies to have Affinity with the Lat. Volutare Hence the Lat. Bolendigarius and Bolengerius : El. ly call thofe Burgeffes who fcrve in Parliament fof a Baker, or Maker of any fuch Borough or Corporation. Rlius vero Boulen, Fr. Boulenger, Burgenfis atatem habere tunc intelligitur, cum diferte Bread. fciverit Denarios numerare QP pannos ulnare Qp alia TSuilCa. Sec Bounds. HBurc Ijeta (from the Fr. Bercbe) A kind 01 Gun, paterna ntgotia fimiliter exercere. G Ian vile, lib. 7. In Germany, and other Countries, they mentioned in the Foreft Records. cap. 9. 1. m. a.) confound flStirctfer lihgisi, {Pat 17H. 8. par. Burgefs and Citizen ; but we diftinguifh A Purfe-bcarer, or Keeper of the King's Privy them, as appears by the Statute 5 R. 2. ca. 4. where the Claflcs of this Common-wealth are thus Purfe. . , i.e. To jeft or trifle : *Tis mentioned enumerated. Count, UParon, H3.in.nmr, CIn ^urfarP, vii. In tantum erat ajfabilis Regi, balm De Counter. Cit^cin in Knighton, <fiitee, Burgff* a Rege nundinal fibi concedi tie 13uruh. Sec the Statute of Merton, c. 7. and quod burdando petebat
%%

a -

De

tiuatuor

fummis falis

tontinentibui

dimidia falina fua.quadraginta bullones, pro

pro

Matt. Pari/. Coke on Lift. fol. 80. ad turniandum, Il&urgl), 18urt], H5o?otlgb, arc derived from Quod vel burdandum, nee 0d alias quafcunque Aventuras, the Saxon Burgb, i. e. Oppidum, Caftrum ; or rather from the Goth. Berg, Rapes, Saxum 1 For in &c. to ancient Times, Towns were built on Hills, and aflirureHsr. King Henry the Third granted the Citizens of London, that they fhould not be terwards removed into Vales for the Scarcity of
leporariii

QP

canibus,

&V.

So

in

Addit. pag. 149.

nulli vtniant

vexed for the

Burets, or

Cloath

lifted

according Water on
i. e.

Hills.

to the Conftitution

the ninth Year of of Land. f. 297.

for Breadthof Cloath, in See Stow's Survey his Reign.

made

HBurgflli^CCh,

alias

dgbwh,

(Sax.

Burbbrice,

by ments of the King, or other Lord of the Bor^,tCanuti, cap. K2 At a certain yearly Rent. It is a Kind of Soccage,
I

patem regiam in banc commijfum efi, fiipulati funt ; quod autent HBurg, Burgus. See Burgh and Borough. QP vindiQa, RelBunjdtfP {Burgagium, rr. Beurgage) is a Te- Burghbrcch. dicitur, tjufque cognitio nure proper to Boroughs, whereby the Inhabitants gits Chartis, plurimis tredebantur, pro quorum digniancient Cuftom, hold their Lands or Tene tate, mulBa alias leviorfuit, alias gravior. Vid. LL,
55. urgljb^cl),
i.

Fidejujponis fraUio, vel plegii omnes decemvirali olim fidejufiione

violatic)

Angli

Lafi* libtrtatit

***]

aut

fl&lirfe, A Word ufed in Dome/day, of which Taunton, Burgerifth, Latrones, pads infraSio Ham- Mr. Agar thus: It may be this Word is written de Hun. "e> Denarii S. Petri MS. for Bury, which fomeiimes I read in this Book, fare, Denarii Cambdeni, penes Will. Dugdale Armig. quare. and Bure is that which the Dutchmen call a Bore,

fepti. Gallice, blefmure lychr. lib. I. cap. 50.

de Courte ov de

clofe.

Po- by the Religious out of their publick Burfe,

or Stock.

25urgl]eti{tl)>

Ift*

confuetudines

pertinent

ad

The Word

occurs in Dome/day Book , fub tit. Colonus, a Pcafant. H&Urfl)Oluer0. See Borow-Holders. Somerfet. Epif. Winton. Tanton. lft* confuetudines, &c. So a Charter of Edmund King, Anno 944. in Burp. See Berne. 10ufca and ufcui (Fr. Bufche) Underwood, Will Malmeibury, lib. 2. de Gcftis Rerum Angl. alfo Brulhwood. Concedo Eccleftte S. Marias Rex, dileltis jura, confuetudines, Billet, fidelibus
,

jfohanni de Bland. Burgherifth & hundred. fuis Rad. de Sandeivico forisfaBuras, &>c Mr. Sommer thinks it fliould be Burgh- quod rogorum artifices ipfos rogosqui in Chitate (LonSethna, don) &> villis prtdi&is, ex Bufca, vel carbone Bofci brich. SJurnhta>are (q. burgi vir) A Citizen or Bur- fieri confueverunt, jam de novo, pr&ter folitum, ex carPat. 35 E. 1. Willielmus Rex falutat Willielmum Epifcopum bone marino concremant componunt.

&>

i. t.

&

&

omnem XBurglltoarc in- m. 4. dorfo. Sec Bufta. &> Gojfredum Portgrefium i>Uftme0 CoitiitatU0, for Barones London. Charta Willielmi fen. Londinenfibus fra
confe&a.
JIBurglsrp,
vocatis

gefs.

&

&

ad fe quatuor vel f ex,

French

two bus comitatus, Burglaria, Is compounded of Words, Bourg, Pagus, and Larch, furtum, quorum nutum

qui dicuntur dependent vota aliorum.

.

Jufticiarii vel pluribus de MajoriBufbncs comitat. ad

.-

&

Brat. lib.

3.

or Laron, fur. Co. lib. 4. fol. 39. It is in the le- tract. 2. c. 2. num. 1 Sed qiure. to be, a felonious entring into anSPulIa, A e. a great Ship. gal Senfe defined 1$"fftl!i. , A Bufhcl ; from Buza, Butta,Butother Man*s Dwelling, wherein fome Perfon is, or into a Church, in the Nighi-Time, to the End tis, a (landing Mealure of Wine ; Butticetta, ButFrom the old to commit fome Felony, as to kill fome Man, or \tirellus, BuJfeUus, a leis Mcafure. Bout 1 leathern Continents of Wine. to ftcal fomewhat thence, or to do fome other felo- jGalJ. nious A&, albeit he executes not the fame. Weft, Whence our Leathci Boots, and Buskins and BudSax. Bytta, ufed for Bottles in 2. Tit. Indiftments, fed. $<$ Burglary \get, and Bottles. Symb. part The Bags of in the natural Signification, is nothing but the the Saxon Gofpel, St. Mat. 9. 17 Robbing of a Houfe ; but as it is Vox Artis, the Leather, in which they lately carried Water, Lawyers reftrain it to robbing a Houie by Night, from the Severn, to the City of Worcefter, were or breaking in with an Intent to rob or do fome o- hence called Byttes, and each Load of Water was ther Felony. The like Offence committed by termed a Bytte of Water. See Mr. Kennet's GlofDay, they call Houfe robbing, by a peculiar Name. (bry in BuffeUus. How many ways Burglary may be committed, fee -& unam CarreBatam BuUBuUa, 6* Buftus, Mon. Angl. Cromp. Juft. of Peace, fol. 28, 29, 30. and 3 par. ftas fingulis feptimanis in Bofco pradi&o. The Offenders Awll not have Bene- 1 par. f. 473. b. Firewood, properly the lopping Inft'fol. 363. of Trees. Et auxi jfohan. Ate Gate fit of the Clergy. 18 El. 7. bouche prift 3HJun, i. e. Husbandmen. 'Tis mentioned in 6 Carbeun a la mountance xxviii s. iii d. faunzpaiethe Monafi. 3 Tom. fag. 183, viz. in "Upton funt 18 ment. Pla. Pari. 14 Ed. 2. Elfewhere I find, cum ViUani, 1 1 Bordarii, &> duo Buri &= Presbyteri. fpinis b'uftis, wherc'it feems to fignify Trowfe or Tynet for Repair of Hedges. Il&urlitnm. See Sucking. As a Butt of Matmfey, conHBurnffa, . e. Cloath made of died Wool : yt-Utt, (Butticum) Brunus Color may be made with Wool without dy- taining at leaft 126 Gallons, an. 1. JR. 3. c. 13. It but a fignifies alio the Place where Archers are wont ing, which we call Mcdlies or Ruflet ; burnet Colour mult be died. With their Bows and Arrow* to flioot at a Mark,
,
j

&

Wheels are
Fiih.
2l5tirfa,

A Burrock, or fmall Wear, where which 1urrocf}ium, lay'd in a River, for the Taking of There A

we
is

at this Day call Shooting at the Butts. alfo a Meafure called a Salmon Butt,

which contains 84 Gallons. Lib. Affif. and Stat. Purie Reddendo inde ad Burfam 2 H. 6. c. 11. Abbatis, xvi. d. ad feftum Santli Micbaelis, &c. Ex 25utfe, The Ends or fliort Pieces of Land in lib. Cart. Priorat. Leom. Arabic Ridges and Furrows. See Abbuttare. H5urefcarU0. See Buzcarles. Chronicon, Sax. Burfarta, The Burfery, or Exchequer of Collegiate and Conventual Bodies, or Place of recei- pag. 172.
ving, and paying, and accounting by the Burfarii, Burfers. A. D. 1277. Computaverunt Patres Radulphus de Meriton & Stephanus de Oxon. de burfaria domus Bernceftre coram Auditoribus. Paroch. Antiq.p. 288. Butfani, This Word did not only fignify the

H&Utlerage Of tHUinee fignifies that Impofition

Burfars of a Convent or College, but formerly all Exhibitioners, or ftipendiary Scholars at Pacalled Burfarii, as they lived on the ris, were Burfe or Fund, or Contribution of Bencfaftors. In ea Vniverfttate \jctl. Oxon.) funt clara Collegia a

upon Sale Wine, brought into the Land, which the King's Butler, by Virtue of his Office, may take of every Ship; that is, two Shillings of every Tun of Wine imported by Strangers. Rot. Pari. 1 1 H. 4. an. 1 H+S c. 5. See more in Botiler of the King, and Prifage. The Stat. 1 2 Car. 2. c. 24. for taking a.

way
tl)e

of Purveyance, 06* not ei'tenO to $>:f JUOICf ancient JDutiw of Butlerage, ano P/ifage of JUinw, but tljej are to continue as before tl e
tfjijj

making

ct-

See

Calthrop's
Inft. fol.

Reports of fpecial
30.

Reaibus, Reginis, Epifcopis, >

Principibus fundata,

&> ex

Cafes, pag. 23. and 4

eorum Scholaftid plurimi utuntur, Sl&utfecflrl, utljfifti if , nt-i'trfecarle, or 100 quos vocamu . Joh. Major, Geft. Scot, tefcarle , The fame with Boatfwain, or Mariner, lib. 1. So among the Gftertian Monks, Seld. Mar. Clauf. 184. cap. 5. the Burfarii were the Novices or DeTIBUtrum terras, A Butt of Land. Young Scholars fent to the unum buttum terrae, cum Univerfity, and there maintain'd di decern acras
fiipcndiis

Parifiis Burfarios

&

capuc'ih

C A

C A

&> fidlingis prati, ad eandem terram pertinentibus. Foundation of the Abbey of King/weed in GbuCait. III. dc Sibbeford, penes Will. Dugdale Mil. cejlerjbire. dace of tyerring* is 500, of Sprats 1000. Boot Vid. Abbuttare, Butta. or l&ufrarlffi (Bufcarli & Butbfecar- of Rates, fol. 45. Yet I find anciently 600 1i&U3CarlCj8 Mariners or made the Cade of Herrings, fix Score to the tututicos cuftodiunt : li) Sunt qui partus Seamen. Quando Rex ibat in expeditionem vel terra Hundred, which is called Magnum Centum. CaOEf, The younger Son of a Gentleman. vel mari, haSebat de hoc Manerio aut xx fol. ad pafCallKUJ S^o^bu*, The Falling-fickncfs, or itvdoi fuos Buzccarl. aut unum hominem ducebat feA. D. 1217. Willielmus Scottus tum pro honore quinque Hidarum. Domcfd. Tit. Epilepfie. And Selden's Mare claufum, fol. Archidiaconus Wigorn. eleffus Epifop. Dunelm. Wilton. JYiltfc. See Bat' contra quern object" um eft quod non fuit nathus de terra 184. where it is written Butfecarli. Regis Anglias, Qf> mfuper morbum caductim patiebatur. ftvain. Gulielmus de Grefcley tenet Cbron. Priorat. Dunftaplc MS. Bibl. Cotton. TiH&i^n.nnifi', maner. de Drakclow, Com. Derb. in capite per fervi- ber. A. 10. tium reddendi unum arcum [me corda, & unam pbareCaep (JilDum, i.e. The rcftoring Goods or tram de tutesbit, 6 duodecim fagittas fieHatas, &" Cattcl, from the Sax. Ceap, Merx, &> Gildan, fol-

unum buzoncm.

Radulphiu de Stopham

tenet

vere.

See Maridunum. C*faromagil0, Brentwood in Efex. arcum fine corda, & unum buzoncm fine pennis. S. Cagia, A Cage for Birds, a Coop for Hcn. Mandatum eft Vicecom. Wilt, quod emat in It feems to be the Shaft of an Arrow, Ed. 1. ballivafua 100 bacones, Qfi 300 gallinas, cum caeiis, before it is fledged or feathered.
maner. de Brianftan, Com. Dorfct. per Serjantiam, ivveniendi Domino Regi garcior.em deferentem unum
CaertnartljCll.

Placita detemp. Jobannit in quibus etdem gallin* poni pojfunt. Ex Rot. Clauf. OI5U30ne* 31UDKiOUltn, Ghuc. 139. See Bufones Comitatus. 38 H. 3. m. 9. Regit, See Bid8. Calamitua, The Word feems us'd for a Stick, cap. 6.) 1l&pDaIk> (Anno 26 Hen. or ale. 9 a 8 P ut int0 tne Mouth of Dogs, to prevent their Barking. UBcf, Words ending in Bye and Bee are Ignaviter &> prorfus inutiliter, HBpp,

derived from the Saxon Bye, which fignifies a veluti canes nonlatrantes,fed tanquam inorecalamitum habentes, Ecdefit bonis mutate. Giral. Cambrenfis dwelling Place or Habitation. H&pjtato or JUtttf Of H&tirfatP, {Leges Rufiico- apud Whartoni Angl. Sac. P. 2. p. 614. Culamil0, Is a Cane, Reed, or Quill ; the rum, from the Germ. H5flUX, i. e. Rufiicus, &> or divers Kinds whereof fl.UCh, Lex.) Laws made by Husbandmen, you have in Gerrard s Her-

Town/hips, concerning Neighbourhood, kept among thcmielves. Skene, pag. 33.

Bilatus.

to

be b*l, lib. 1. cap. 24. This is compriz'd among Mer See chandile, nd Drugs to be garbled, by 1 Jac. cap.
19.

UU^tl and Tl&pjnan,

i.

c. Lorica.

Calonatum
DifputC.

8c Calangia, Challenge, Claim, or Sciant quod ego Godefridus de Dod-

C.

denful, turn ajfenfu

not a fuit

& Beat* Mati* Of Dominis

unde LITER 7i K.Proverbium

tionis,

condemna- Wigorn. in 70 terrt. fine aliqua reclamation feu calangio, &c. fine dat. penes Thomam Chyld. Arm. Bofum, nfittt* <T* qui the Lat. fuit in Calangio inter ipfum Qf> Walterum. Mod. Caballa, Belonging to a Horfe ; from Mr. Agar. Word CabalJus. Domefday, Angl. 2 par. fol. 252. b. of the CaUaria. Tadcajler in Torbjhire. Cablifl) (Cablhinm) among the Writers Foreft Laws, fignifies Brujh-wood, or Btovife-wood. CalCCa, Calceia, A Road or Highway, mainBut Sir Henry Spelman tained and with Stones, and Rubbifh ; Crompt. Jnrifd. fol. 163. repaired thinks it mote properly fignifies Windfaln-viood, from the Latin Calx, Chalk, French Cbaux; becaufc it was written of old Cadibulum, from whence their Chauffee, our Caufe-<way or Path raicadere: Or, if derived from the French Chablis, fed with Earth, and pav'd with Chalk-ftones, or Item dicunt, quod Gravel. Cakagium, was the Tax or Contribution Windit alfo

C.

apud Veteres

inter Grt.os

x ^^
'

Deo &P Conventui pura 9 perpetua eleemojyna unam acram

tueit Priori

Amil'm uxoris met,

dedi

fignifies

fain-wood.

valent per an. diCeppcg. Qp Cablicia vento proftrat. mid. Marc*. Inq. dc an. 47 H. 3. nu. 32. Et detent habere quicquid vento profiernitur prater Cablicium, Pla. Pari, quod pertinet ad Dominum Regem. Rieley
fol. 652.

paid by the neighbouring Inhabitants toward the Making and Repairing fuch common Roads. Calcearum Operationes were the Work and Labour done by the adjoining Tenants; from which Duty fome Inhabitants were, by Royal

abo De bona (gfnerai^a. See Cape it bona Efpe- Charter, efpecially exempted.
ranza.
0!

See Mr. Rennet's

arhfpoHlW,

A
In

Gloflary.

Purfevant, a Bailiff, a Catchflipendiis

pole.
flipendiis

Ballivi xiii
/.
x.

s.

iv

d.

in

unius Prtpcfiti xxvi

xxvi

d.

in flipendiis

Cakftum, CakPafa, Calcea Catia, a Caufey or Cavifviay, a hard Way De ligno tabulis Calcetum folidum viiatoribut fecit. Du Cange. See
.

&

&

unius Cachepolli per An.

ix

viii d.

Conluctud.

Caufey.
<li.alcj>tl),

Domus de Farendon. MS.

.

fol. 23.

The

Place where a Council was held,

Infli-

CatttfttlluF, ;. t An inferior Bailiff: Tis men- fuppoled to be Kelcbeth in Lancajbire. tioned in Thorn, viz. Senefcballus Cauldron, or Copper. CalOana, cuftcdes nofiri dilhenter inquirant de injuriis per Chacherellos Vice- tuebant fieri fhepitum maximum 6f rugofum

&

tunden-

comitis,

&V.
Sec Chacea.

<acia.

hunting Horfe, viz- Jarias, & quodcunque admanum erat infirumtntum. Dederunt mihi unum Chaforem ; in another Charter Gaufr. Vinefauf. Ric. Reg. Iter. Jerof. 1. 4. c.
iCaro^

and

vfiljafo?, i.e.

An

tibus fingulis &P fiagellantibus clipeos Qr galeas, fellas & afferes, dolia futellas gp calfiafcones, pelves

&

&

'tis

writ cacorem, Leg. Willi, t, cap. 22, 23. Mr. SeldenxeW* us, that lie did not underftand the Signification of this Word in the Hiftory of the

CaUfagtutn.

Calrtagium,
forejta nofira.
ap. 4.

Confirmamus panagium, berbagium

Laleno;tnB of tQO^SeoS,

Camilla, A Garment of the Prieft, called the Right to take Fuel yearly.Calefagium in Alb; Inditus Camilla linea que communi nomine diii-

&

Camoca, A Garment made of Silk, or fomeand 3J H. 8. cap. j. It (ignifies to fmooth, thing better: XJnum vefiimentum pro ferialibus diebv.s de camoca. Monafticon, Tom. 3. part 2. trim, and give them a Glofs; and is a Trade album ufed both in London and Norwich. pag. 81. *mpana bawls, A fmall portable Hand bell, CalnD0, Calend*, Was among the Romans the of every Month, to which if we add much in ufe among other ceremonious Fopperies firft Day the Roman Church ; and ftill innocently rePridic, it is the laft Day of every Month, as 6f Pridie Calend. Septemb. is the laft Day of Augufi ; tained among us by Sextons, Parifh-Clerks, and if any Number be fct before it, as Decimo, Nono, publick Criers. Quatuor eas muneribus Patri~ OBavo, &c. Calend. Sept. is the 22, 23, 24 of Ang- archa donavit, Altari videlicet pertatili confecrato, lo. March, May, July and October, the Calends be- campana bajula, baculo infigni, CP tunica ex auro
Spoken of
5

tur Alb. Pet. Blefenjis, Serm. 41.

H.

8.

David quidem in Monafierio cut nomen Langcvilach nolam &P Altare. Guald. Cambr. apud VVhartoni Angl. Sacr. P. 2. p. 637. Months ; lee more in Hopton's Concordance, Campattum, Any Part or Portion of a larger ing, See alio Ides and Nones. DiBum de Field, or Ground; Champerty, a Share or Divifipag. 69, Kenelworth is dated the Day before the Calends of on of what would otherwife be in grofs or com Rex cufiodi Infularum de Gernfey, &c. November, 1256. In the Dates of Deeds, the mon Month by Nones, Ides and Calends, is in perpetuam reddantur decim* de camparto nofiro in Day of the eadem lnfula Dat. 27 Nov. 19 H. 3. Prinne fufficicnt. 2 Infi. fol. 675. Caliburn, The famous Sword of King Arthur. Hiftor. Colleft. vol. 3. p. 83. Campeitum, Ufed for a Corn Field. Alicia de Hovenden, Bromft. in vita R. Gallipodia, Gallicftiocs, Cbapele furabatur 35 garbas de Camperto Regis, de ClVltpoDlUm, Calapodium, Galafhocs. Among the Injunctions prelcribed by quo faBo indiBata, fugit ad Ecclejiam. Pet. in Pari of Lincoln, to Vicars, 30 Ed. i. Philip Repingdon Bifhop Schoolmafters &c. in the Year 1410. it is thus Campfight. See Champion, and 3 Infi. fol. 22 1 CampusS SjBartll, #aii, Was an ^ffembly of ordained, Jud diBi Vuarii &> Clerici quicunque &> cum fuerint r eve fliti in honefiistogis fuis, cum the People every Year upon Mayday, where prdcipue they confederated together to defend the Kinglongis manicis que vulgariter Pokes rmncupatur &" calapodia deponant, qu* in V.^lefa ftre- dom againft Foreigners and all Enemies. Leges bafardos malum fonum. Reg. Re- Edw. Confeflbr. cap. 35. Denua in Campo Martii pitum faclunt, Qp generant convenere, ubi illi qui Sacramentis inter illos pacem pingdon Epilc. Lincoln. Sim, confirmavere, Regi omnem culpam impofuere. (Calitjr, A great Gun. Dunelm. Anno 1004. Du Cange. dla. feci), (. Caft up, alfo calculated.
cutofe percepit.

Sixteenth Day, in other Months at gin at the the Fourteenth ; and they muft ever bear the Name of the Month following, and be numbrcd backwards from the firft Day of the faid follow-

contexta.

Reverfi in patriam fua quifque dona mira-

>

&

<anceQare mam'., To cancellate the Hands, See Gatiena. Cau.10, The King's Highway: *Ti mention- i. e. to lay them traverle or a crofs one another, ed in Huntingdon, Lib. I. vix. Tant* autem grati* as the poor Children on the Foundation of inhabitantibus fuit Britannise, quod quatuor in ea Queen's College Oxon, do attend the Provofi and

CaHena.

Fellows at Table, Manibus cancellatu, with their finem confiruxerunt regia fublimatos Hands leaning acrofs on the one Side of the Extendit collum 4LalumniarP, To Challenge, or lay Claim unto. Table. genufleBendo canDomef- cellatis manibus fuper peBus fuum, ita decollatur. terra calumniata Will. Cbtrnet. Ijla Clem, de Maydeftan, de Martyrio Ric. day. 77f. Hantfcirc. Scrope CamaDOlUtUim, Ruins near Almondburyia tork- Archiep. Ebor. apud Whartoni Angl. Sacr. P.
Calles
fine auBoritate, &c.

in

fbirt.

p. 373-

CamaldOUnUm, Maldon

in EJfex.

i!i.anblema*Oa}>, (Sax. Candelmcerre)

The

Feaft

*<;

of the Purification of the blelTed C^mbOJittim, Cambridge. Virgin Mary (2 Feb.) inftituted in Memory and Honour, both (HambKtdnium, Btettenham in Suffolk. of the Prcfcntation of our blefled Lord, and the CambitOge. See Camboritum. Camera, From the old German Cam, Cammer, Purification of the blefled Virgin in the Temple Crooked Whence our Englilh Kembo, Arms in of J-erufalem, the fortieth Day after her happy Kembo ; a Comb, in the North a Camb ; the pre Child-birth, performed according to the Law of ufe Cama for a Bed: Camera fignified at Mofes, Levit. 1 2. <$. It is called fent Irijb Candlemas, or a firft any winding or crooked Plat of Ground. Tret Mafs of Candles, becaufe, before Mafs was faid that Day, the Church blefled, that cameras ad vineam mam cameram ten* is, deputed or a Nook of Ground. Vide Du Frefne in voce. fet apart for facred Ufe, Candles for the whole i. e. The Word was afterwards applied to any vault- Year, and made a Procelfion with hallowed ed or arched Building, especially to an open Candles in the Hands of the Faithful, in Memory Stall, or Shop for Sale of Goods ; and was by of the Divine Light, wherewith Chrift illuminated more particularly reftrained to an Up- the whole Church at his Prefentation, when old Degrees per Room, or Chamber. See Mr. Kennet't Glof Simeon ftiled him, A Light to the Revelation of the Gentiles, and the Glory of his People Ifrael. St. Luke fary to parochial Antiquities. Camica, Camlet, or a fine Stuff made at firft 2. 32. This Feftival Day is no Day in Court, and Ricardus de Bury is the Grand Day of Candlemas Term in the Inns purely of Camel's Hair. Dunelm. contulit Ecclefi* vefiimentum de of Court. Epifc. Hift. nigra camica, cum tribus capis ejufdem feB*. Canesi Optrfl'ae Et dtbent habere CaDunelm. apud Whartoni Angl. Sac.^P. X. p. nes opertias ex omni genere canum, non impediatas. 766". Antiq. Cuftumar. de Sutton Colfield. Dogs with whole Feet, not lawed.
:

&

CaneffflluB,

C A
CanfflclIuB,
Scrjc.incies,

C A
In

Basket.

and Knights Fees, in the 12 and Years of King John, for Ejfex und Hertford,
tenet
e.

the Inquifition Wales ofj

>l

the Counties arc divided into Cmtredi, its England into Hundred,. The Word is ufed Anno 2S Hen. 8. cap. 3. Sec Commote. Sec alfo Mr.
in

Johannes dc Liftone
ciendi

per Serjantiam fa-

Kcnnct'i GlofTary, in
:

Vcrbo Cantrelum.

Capacity, Capacita,, An Ability, or Fitncfi to contain or receive In Law it fi'gnifics, when ' Mun, or Body Politick, is able to give or take Lands, or other Things, or to fue Aaiotis. Ai an Alien born, hath a fufficicnt Capacity to fue in any perfonal Aflion; but in a real Action, it is a good Plea to fay, He it an Alien born; and Jum fecit: Where canfara is interpreted for candens. pray, If be fhall be anfwered. Dyer, fol. 3. ph. 8'. It a Man enfeoffs an Alien and another Vu Cange. Man, to Caiti|>u!u, A fhort Knife or Sword: Ne quit the Ufc of thcmfolves, or, fcjv. it fecms that the viator canipulum deferret vet anion. Rad.de Dice- King fliall have the Moiety of the Land for e*
cancftcllos,
i.

John of Lifion, held chat Manor by the Service of making the King's BasEx llbro Rub. Scan: fol. 137. kets. anfara, A Trial by hot Iron, formerly ufed here, which fee in Ordeal, a candtvte fcrro : Si in ad ferrum callfe purgare velit, eat culpatio Jit, dum, C> adlegiet manum ad cajlfkram quod non fal-

&

vcr, by Rcafon of the Incapacity of the Alien. mcafurc of Ground, or Di- Dyer, hi. 383. pla. 31. By the Common Law, no ftancc. Papa Clem. IV. Pont, fui An. 1. Man hath Capacity to take Tirhcs but Spiritual proviucialibits Minijiris ae univer- Pcrfons, and the concedlt General/ King, who is a Perfon mixt'; Fratribus Ordinis Minovum Yratrum in Anglia our Law allowing him two Capacities, a Natural, Jii In the firft he may purchuf'c ut nidli Seatlari vel ReUniofo Ecclejia,m vel Monafle- and a Politick. in the xhim feu Oratorium jam tdificatum in ali^uem locum Lands to him and his Heirs later, to lirf.it infra fpatium 300 cannarum ab ip- him and his SucccfTors; and a Parfon hath the transferre Volumus like: But a Layman, who is not forum Ecckftis menfurandarum capable of taking tpfarum cannarum 080 palmorum longitudi- Tithes, was yet capable to difchaigc Tithes in qiiamlibet mrn continere. Ex. Regiltr. Walt. Giffard Archicp. the Common Law in his own Land, as well as a Ebor. f. 45. Spiritual Perfon. See Co. lib. 2. fol. 44. Canon, The Word was formerly ufed for any Cap De bona jS>pernn3.i, Or the Cape of Prestation, Pcnfion, or other cuftomary Pay- Hope: A Promontary that lies in Africa, within Monachi aiiquo the Tropick of Capricorn, on the Si vero dicli trior ment. Edge of Ethiopia termmorum cejfaverint a folutione firm* inferior\ and firft difcovcrcd by the prtdiBorum Portugurfe, dilU Ecclefia de Rading, prtter debitum canoncm under the Command of Bartholomew Dyas, about the Year 1491. See Speed's. Map of Ajia, in hi* illius termini dimidiam marcam argenti, Willielmus Eplfc. Theatr. Brit, It is mentioned in the Statute 1 j CarS. Cartular. Rading. Conventui de Evcfham 2. cap. 1 8. Wigorn. concefftt Abbati Annuum Canonem xv. marc, ad conflruBionem operis ((tape, Is a Writ Judicial, touching Plea of de Eve/ham, de Ecclefia de Ambresbury. Land or Tenements ; fo termed (as mod Writs Ecclefu Simone Abb. Perforc. Petrp Archid. .'Wi- be) of that Word in it felf, which beareth the Tefi. gorn. Ex Cartitl. Abbai'u de Evefham. MS. Cotton. chicfeft End and Intention thereof. And this is divided into Cape Magnum, and Cape Parvum, fol. 15. both which (as is before faid in Attachment) take (CanClltuni, Chelmsford in Effex Canon fifllgtOfojum, A Book whrein the Re- hold of Things immoveable, and fcem to differ Convent had a fair between themfclves in thefc Points: Firft, Bcligious of every greater fre- caufc Cape Magnum, or the Grand Cape,' lieth Tranfcript of the Rules of their Order, r^ad among them as their local Statutes; before Appearance, and Cape Paivt.m afterwards. quently Which Book was therefore called Regula, and Secondly, The Cafe Magnum furrimoncth the' the publick Books of the Religious Tenant to anfwer to the Default, and over! Canon, were thefc four. i. Miffale, which contained all to the Demandant. Cape Panum fummoncth the' the Offices of Devotion, 2. Martyroloelum, a Tenant to anfwer the Default only j and there and Martyrs, fore is called Cape Parvum, or in the French' Regiftcr of their peculiar Saints, with the Place and Time of Paffion. 5. Canon or Enrlijh Petit Cape. Old Nat. Brcv. fol. id, i6"i.j the Inftitution and Rules of their Order. Yet Ingham faith, That is called Petit Cape, not IftegK/rt, in which they cntred becaufc it is of fmall Force, but for that ic con4. Necrologium or Obituarium, a lum > in the Old the Death of their Founders and Bcnefaitors, to liftcth of few Words; Cape This is a Judicial obferve the Days of Commemoration for them. Nat. Brev. is thus defined But as the two firft, fo likewifc the two later, Writ, and lieth where a Man hath brought a were fometimes joined in the fame Volume. Prtcipue quod reddat of a Thing that touchcth Plea of Land, and the Tenant make Default, Mr. Kennet's GlofTary. Cantel (Cantellum, vclut cjuantillum) is that at the Day to him given in the Writ Original, fliall which is added above Meulure. Nullum gens\ then this Writ fhall go for the King, to take iladi vendatur per cv.mulum feu Cantcllum, frttcr the Land into the King s Hands, and if he comes Avenam, Brafium &P farinam. Stat, dc Piftor. cap.! not at the Day given him by the Grand Cape, ha A Precedent and Form It ieems alfo fometimes to fignify the fame has loft his Land, &c. 9. with that we now call Lump, as to buy by Mea- of this Writ, you may fee in the Regijler judiSee Polton, Temps H. 3. cial, f. 2. b. It fecmeth after a Sort to contain fure, or by the Lump. E. 1. or E. 2. cap. 4 &P a. It (ignifies alfo a Piece in it the Effect (mifponii in pcffcfTioncm Sf prime of any Thing, as a Cantel of Bread, Chcefc, and feoundo decreto) among the Civilians For as the firft Decree fcifeth the Thing, and the fecond the like. Sec Donbemia. givcth it from him that the fecond Time dctCantrrburv.
to,

Anno

1275.

(Lamia,

A Rod

in

&

GW

&

&

MP
;

&

CantCff , Or rather Cantref, {Cantredui) fighies an Hundred Villages, being a Britifl) Word compounded of the Adjective Cant, i. e. an Hundred, and jCrct, a Town or Village. In
1

ftuilteth

his Appearance: So this Capt both Land, und alfo affigneth to the Party a farther Day of Appearance; at which, if he come not in, the Land is forfeited: Yet is thcr c in feifeth the
,

Difference
,

C A
Difference between thefe two Courfes of the Civil

C'A
Capeila lineata,

Head-piece lined,

Abbas

tier and Canon Law. Firft, For that mijfio in pojfejjio- de Nevcle tenet in com. Lincoln. ntm toucheth both Moveable and Immovable feroitium reddendi Domino Regi utiam Capellam lincacam de Syndone, &P unum Par calcarium deauraGoods, whereas Cape is extended only to Immotorum Tenures, p. 64. An. o Ed. 1. vable. Secondly, That the Party being fatisfied ape!lu, A Cap, Bonnet, Hat, or other Coof his Demand, the Remanet is rcftorcd to him that defaulted; but by the Cape, all is feifed vering for the Head. Capite difcocperto, without Reftitution. Thirdly, Mijfio in pojfeff. fine capello, cum una garlanda de latitudine minoris

to the Ufe of the Party Agent, the Cape is to digit i [ui 15 Joh. Tenures, p. 32Of this Writ, and the the Ufe of the King CapeUug S&illtiS, A Helmet, or military Quando moritur, dahit fimiExplication of the true Force and Effer thereof, Head-piece. read Bta&on. lib. y traB. 3. ca. 1. n. 4, J, 6. See liter relevium modo quo prius, nifi habuerit equum, & tunc btcres veniet ad curiam Domini cum ad -ualentiam. ejus
is
i

Cape

Cape l&arbum,

In the Old Nat. Brev.

fol.

equo 161. meliori, felia, frt.no, & capello, gladio & calcaribns.

is thus defined; This Writ lieth in Cafo where the Tenant is fummoned in Plea of Land, and cometh at the Summons, and his Appearance is of Record ; and after he makcth Default at the Day that is given to him, then (hall go this Writ for the King, &V. The Difference between the Grand Cape and Petit Cape, (which in Effeft or Confequence are alike) is that the Grand Cape is awarded upon the Defendant or Tenant's not apreal pearing or demanding the View in fuch Actions, where the original Writ docs not menthe Parcels or Particulars demanded ; and the Petit Cape after Appearance or View is grant Ition Of this likewife you may fee the Form in ed. the Regifier Judicial, fol. 2. Of both thefe Writs, read Fleta, lib. 2. cap. 44. fed. Magnum &> feq. <ape aD balentiam, Is a Species of Cape Magnum, fo called of the End whereunto it tendeth. In the Old Nat. Brev. fol. 161, 162. it is thus de-

fcribed, This Writ lieth, where any is impleaded of certain Lands, and I vouch to warrant another, againft whom the Summons ad Watrantixandum hath been awarded, and the Sheriff cometh not at the Day given, then if the Demandant recover againft me, I fhall have this Writ againft the Vouchee, and fhall recover fo much in Value of the Land of the Vouchee, if he have fo much; and if he have not fo much, then I fhall have Execution of fuch Lands and Tenements as defcend to him in Feefimple; or if he purchafe afterward, I fhall have 4 Infi.fol. 128. Capias ad fatisfaciendum infinite, (22 againft him a Rc-fummons ; and if he can fay nothing, I fhall recover the Value. Here note, AS for Relief of Soldiers.)

Confuctud. Domus de Farendon, MS.f. u Capta*, Is a Writ of two Sorts, one before Judgment, called C*p'"" ad refpondendum, in an Action Pcrfonal, where the Sheriff upon the firft Writ of Diftrefs in Pcrfonal A&ions returns Nihil habit in baUiva and the other is a Writ of noftra, Execution after Judgment, being of divers Kinds, viz. Capias ad fatisfaciendum, Capias pro fine, Capias Utlagatum, Capias Utlagatum &> Inquiras de bonis catailis, &c. apia aD faftefftiifnoum, Is a Writ of Execution after Judgment, lying where a Man recovers in an Aftion perfonal, as for Debt or Damages, or Detinue in the King's Court and he againft whom the Debt is recovered, and hath no Lands nor Tenements, nor fufficient Goods whereof the Debt may he levied. For in this* Cafe, he that rccovereth, fhall have this Writ to the Sheriff, commanding him, that he take the Body of him, againft whom the Debt is recovered, and he fhall be put in Prifon, until Satisfaction made. Capias conduBos ad profcifcendum is an Original Writ, which lies by the Common Law againft any Soldier that hath covenanted to ferve the King in his Wars, and appears not at the Time and Place appointed, directed to two of the King's Serjeants at Arms, to arreft and rake him wherefoever he may be found, and to bring him Coram Concilio noftro; with a Claufe of Affiftance.

&

& 23 Car.
of Writs,
is

2.

That

this

Writ

lieth

before Appearance.

Of

Capias in Withernamium de Averiis

is

a Writ lyfrl.

thefe Writs and their divers Ufes, fee the of the Reg. Judicial, verbo Cape.

apiila,

Before the

Word

Table ing for Cattle in Withernam. Reg. 82, 8 83. See Withernam. reCapias in Withernamium de Romine Chapel was

Writ

that

or depending Place of lies for a Servant in Withernam. Reg, fol. 79, c> divine Worfhip, it was ufed for any Sort of 80. Sec Withernam. Cheft, Cabinet, or other Repofitory of preciCapias pro Fine is where one, being by Judgous Things, efpecially of Religious Relicks. ment fined to the King upon fome Offence comRegnante Stephano, Nigellus Epifc. Elienfis, pro mitted againft a Statute, does not difchargc it imminenti fibi negotio auxilium Doming this therefore Imperatricis, & according to the Judgment.

ftrained to an

Oratory,

ftwrum

requirendum putavit. Qui dum pergerit Homines Regit invadunt, abfque miferatione bonis fuis difpoliant, Equos Sf indumenta, infuper Capellam optimam, quam Epifcopus fecum de Ecclefia tulerat, in contaminatis manibus rapiunt. Hift. Elien. apud Whartoni Angl. Sacr. P. 1. p. 622. The
colloquium

to be taken, and committed to Prifon untill he pay the Fine. Coke, lib. 1 2. 3.
his

By

Body

is

Or where, upon a Non

Plea

fol.

eft

is by Evidence, or ledgement, not made out or verified,

faHum pleaded, his his own after Acknowand the

like.

and Depehdance of Chapels, and Capias Utlagatum is a Writ which lies againft their Capellane,, with the Dignities and Liberty of him who is outlawed upon any A&ion Perfonal Mother-Churches, is difcourfed at large in Mr. or Criminal ; by which the Sheriff apprehends Kennet's Paroch. Anriq. p. y8o. the outlawed, for not
Inftitution

Party appearing upon the JfiopbuB, A Chaplet, or Coronet, Exigent, and keeps him in fafc Cuftody till the or Garland or Flowers for the Head. Tanta Day of Return, and then prefcnts him to the varietas ? la/civia apparet in familia Pralatorum Court, there farther to be ordered for his Con-

CapeUa

fif

multorum
rloribus,
tit.

in

veftibus partitis,
corrigiis

&

dc tempr, virgatis, capelKs deauratis,&c. Opufcul. Tripar- former

p.|

&

who

(if in
to

Times

apud Fafciculum Rerun*, &c. Append.

the Common Pleas) was u be committed to the Fleet, there

t0

215.

to remain
ter

obtain their Favour to revcrfc it. And in the Common Pleas the Defendant (not being an Executor or Adminiftrator) is now to give good Bail to do by Attorney) to an(which he is allowed i'wer the Action, if the Debt or Damage demanded be to I. or above, and to pay the Plaintiti"s the Outlawry be revcrfed. And Charges, before a fpecial Capias Vtlaeatum in the fame Writ, by the Sheriff is commanded, and may feizc all the Defendant's Lands, Goods, and Chattels, for the Contempt to the King; and the Plaintiff may and re(after an Inquifition taken thereupon, turned into the Exchequer) obtain a Leafe of the Lands extended, and a Giant of the Goods, Defendant to appear; whereby to compel the which, when he fhall fo do.and rcverfe the OutSec Old Nat. to him. lawry, arc to be rcftored Brev. fol. 154. and Table of Reg. Judic. verba,

till he had fucd out the King's Char- iUius ; among the Fiudifis, Capitaneu, Feudi tlliui. of Pardon, and appeared to the Action. At Vid. Spelman of Feuds, cap. 4. in the King's Bench, the Outlawry cannot Capitilitium. Sco ^Deuaae. Til what wc prefent, be revcrfed, unlefs the Defendant appear in now call Poll-Money : to the Judges Pcrfon, and by a Prefent of Gloves

Improba Roman's pofcunt a Rtgt tributa,

Ciijus

ad arbitrium

difponitur

omnt tributum,

Et Capitalitiam

cogunt appendeu

fummam.

Du

Gauge.

Capififium, A Covering for the Head. Sometimes it Signifies a Collar of a Coat. 'Tis mentioned in the Stat. H. 4. Attno 1. Quod

ft aliquis

miles, Vil alit/ua perfona minoris flatus, det aliquant liberatam pauni vol Capititiorum contra for mam jiatuti, &>c.

Capituli 3L]ri,

The

Had-lands, or Hcad.lands,

that lie at the Head, or upper End of the Lands or Furrows. Canonic i (Burccftcr.) concejferunt bominibus de Wrcchwikc duas acras prtti pro capitibus fuarum croftarum tenus rivulum vtrfus molendinum, &v. Mr. Rennet's Parocb. Antiq.p. 137. See Havedeloud.

Capias.

(aplfa HBaroiliarum, rons. Brall on.

Capituta Kuralis, Clerical Aflcmblics, or chief Seats of Ba- Chapters held by the Rural Dean, and parochial Clergy within the Precinct of every diftintt Deanery ; at firft every three Weeks, then once Canitafltum. See Chevage. or a Month, and more folemnly once a Quarter. Capitaif, i.e. the Thing which is ftolen, Of which fee the Practice at large, in Mr. Ken'Tis mentioned in Leg. H. the Value of it.

The

l.j

redi- net's Parocb. Antiq. p. 640. furtum redimendum, Capitale If the Theft be redeemed, (ILapfflin, Capitanem, Is one that leadcth, or mentis conjettent; i. e. and let the Thing ftolen, or the Value of it, be re- hath Command of a Company of Soldiers as he, that hath the Goveris either General, turned. or Efpecial, as he Capitale foitoens . i. e. Live Cattle. In Leg. nance of the whole Holt Reddam de meo propria decimal Deo, tarn that leads but one Band. There is another Sort JEtbeljlani. in mortuis fruRibus of Captains, Qui TJrbium pr*feHi funt, quibus Plebs in Vivcntc Capitali, quant ab aliquo fuperiorum gubernanda committitur. So wc ten*. here in England, as of CapitP, From Caput, the Head ; and fo Tenure have Captains of Caftles in Capite, is to hold of the King, the Head of, Dover, the Iflcs of Jerfey, Guernfey, Wight, 8cc. the Commonwealth. It is a Tenure that holds Captalf. 'Tis mentioned in Leg. In*, cap. 41. it apud Brompton, and it fignifies Cattle; viz. Rstimmediately of the King, as of his Crown, be or Soccage, and not of any fiici curt ilium debet ejfe claufum *Jlate Jimul byeby Knights Service Honour, Caftle, or Manor ; and for this it is me ; fi difclaufum fit & introeat alicujus vicini fui See Capitale. called a Tenure, which holds merely of the Captale, &c. nihil inde recipiat. For as the Crown is a Corporation, a Caption, {Captio) When a Commiliion is exeKing fo the King, who polTeffes the cuted, and the Commiflioners Names fubferibed Signiory in grofs, the Eye of the Law perpetually to a Certificate, declaring when and where the is in Crown, F. N. B. fol. 5. Yet Commillion was executed, that is called the King, never in his Minority. a Man may hold of the King, and not in Capite; Caption; which commonly begins thus; that is, not immediately 01 the Crown in grofs, Vtrtxte ifiius Commijfionis nos, &Pc. or, Executio but by Means of lome Honour, Caftle, or Manor ijlius Commifftonis patet in quadam Schedula annexa

Si cap. 59. viz.

&

Of this Kitchin, fol 119. ta, &c. belonging to the Crown v aprurf, (Captura) The Taking of a Prey, a faith well, That a Man may hold of the King by and not in Capite; becauie it little Gain, in Arreft, or Seilurc. Anno 14 Car. 2. Knight-Service, may be he holds of fome Honour by Knight- cap. 14 In cujus faBi memoriam 4CapUtagium, Service, that is in the King's Hands, by Defcent from his Anceftors, and not immediately of the etiam quatuor denarios de caputagio meo, ficut mas And this Tenure in Ca- efi fecularibus talibus facere, fuper altare Dominicum King, as of his Crown. loci is otherwife called, Tenure holding of the pr*diRi gratanter imponens. Dugdalc Warpite Tcrfon of the King. Dyer, fol. 44. Broke, Tit. wickfti. f. 193. a. Some think it may fignify or Pole-Money, or the Payment of it. Tenure, mi. 65, 99. But this Tenure is now abo- Head But it is indeed the fame with Chevagililhed, and by 12 Car. 2. cap. 24. all turned into and common Socage. The ancient Tenure in um, Chevage, free was of two Sorts: The one Principal and Caput 4!nni, New-Years Day, upon which of Capite which is of the King ; as Caput Regni, old was obferved the Fefium Stultotum. So Caput General, Caput Generalijftmum omnium Feodorum, the Kalendarum Mali, May-day. Caput U&arcmiae is the Caftle or Chief Seat of Fountain whence all Feuds and Tenures have main Original The other Special and Sub- a Nobleman, which is not to be divided among their of a particular Subject; as Daughters, (if there be no Son), but mult dealtern, which was the eldeft Daughter, C*teris filiabus aliFeudi, feu ten* iUius ; fo called, becaufe he fcend to Caput that created and granted that Feud unde fatisfaBis. was the firft, or Land in fuch Manner of Tenure Who was L t Caputia, Caput ten* thereupon called Capitali Dominus,
: :

&

CA
licet

C A
duas
caritates in

habere debet die. Cartular. Caputta, (from Caput, the Head) is ufed for Cum Abbat Glafton. MS. f. 29. or Hade, of any Land ; Catfee, Seems to be a Quantity of Wool, Caputiis Qp Sidlingis prati. See But turn tern. the whereof thirty make a Sarplcr. 27 H. 6. cap. 2. itapuf 3inun.11, Afh-Wednefday, being Head, the Beginning or Firlt Day of the Quadra- Sec Sarpler. Carltile. See Luguvallum. Faft. Some annual Payments gejimal, or Lent were afligncd to be made in Capite Jefunii. Mr. Carnarilim, A Charnel houfe, or Repofitory for the Bones of the Dead. In carnario Kennet's Paroch. Antic/, p. 152. Caput lOfi, The End of any Place. Ad Caput autem fubtus diBam capellam SanBi Johannis {in The End or up- civitate Norwicenfi) confiituto, ojfa humana in civiVilla, at the End of the Town tate Norwici humata de licentia Head. facrifia qui pro per Car, and C(}ar, The Names of Places begin- tempore fuerit, qui dilti carnarii clavem cuficdiam the habebit fpecialem, ut ufq\ ad refurreftior.em generalem ning with Car and Char, fignify a City from as Carlijle, *and many honefiius conferventur, a carnibus integre denudata Brit. Caer, i. e. Civitas Cartular. Fundaothers. reponi volumut &P obfervari. Caratoanna, A Caravan, or Joint-company of tionis Capclla: Sancti Johannis in occid. parte Travellers in the Eaftern Countries, for mutual Eccl. Norwic. per Joh. Norwic. Epif Dat. 4. Pon. Oft. 1316. Conduct and Defence. Egreffa Caravanna de Joppa verfus exercitum veniebat onujia vicCarno, Seems to fignify an Immunity or Prinojtra Gau- vilege. Cromp. JurifLfol. 191. Prior de Melton fe tualibus &> aliis clitellis necejfariii. homines Juoi immunes clamat ab omnibus Amerciafrid. Vinefauf. Richardi Regis Iter Hierofol. lib. ment'^ in ab omnibus Geldis, Foutgeldis, 5. cap. 52. Forefia &P <arcan, Is fometimes expounded for a Pil- Buckfials, Tritis, Carno GP Sumag. &c. Itin. Pick. f. 168. b. Tributum aliquod fundi domino debitum, lory. fays Spelman. <i>arcartntm\ A Prifon. LL. Canuti Regis. Carola, A little Pew, Clolet, or other SafeCarcafUF, Loaden; as a Ship with her Freight. In correBionibus failis apud Kirkham A. De corpore cujuflibet magna navis Carcatje cum hold. Pat 10 R. 2. par. 1. m. ai$. InjunBum fuit ut Prior, vel Subprior fapius, rebus venalibus, 4 denar.

the Head,

&

&

vel faltem in anno carolas Canonicorum in aliquotiers alibi in Monafierio faciat in fua prafer.tia Carcfllagr, The Fees paid to a Goaler when claufiro the Prifoner is difcharged. aperiri, &P res inclufas oculis fubjiciat, ne per furru(Earecta andCarectat, (Sax. Cret, unde Cart.) rum hujufmodi operiatur facultas feu cccajio delinquenFacient precarias de Ca di. a Cart, or Cart- load. ExRegiftr. Will. Wickwane Archiepilc. Ebor. rue a &=Careta, ' e. De aratro (Si Carro. Cuftumar. f. 76. Sec Carrels. Prior. Lewes MS. CarpetnealfS, A courfc Sort of Cloth made in Quinque Careftatas ad pradiBa terra claufluram fufiinendam. the North of England, mentioned 7 J-ac. 16. claujlura, Mon. Angl. 2 par. f. 340. a. Carr, (Ora,) In fome Places it is a Kind of Carectara plumbi, A Pig, or Mafs of Lead, Cart with Weels ; in others a Sled, drawn and Sac- Aiding on the Ground. In loco, in quo fuweighing 128 Stone, or 2100 Pounds. cus lana debet ponderare 28 tetras, &P folebat ponderare metur quod opus fuerit ad reparationem domorum, ca50.

&

fummam frumenti, &* Jic Jaccus

Carrelatas tcrrx in Counde duodecim carucata faciningfione per homagium, in Marifio quod fuit Ricardi Caretarii, &V. Sine unt unum feodum militis. Co. Litt. SeQ.. 95. See Dat. Ex libro Chart. Priorat. Lcominftr. See CareBa. Carreta. Carrefa, {alia CarreBa) was anciently ufed for Rex a Carriage, Wain, or Cart-load. Sciunt frufentes Canffia, Dearth, Scarcity, Dearnefs, Majori Qp Vic London, Sainton. Querela Archie- &> futuri, quod ego Henricus de Ribesford Dedi,
1

lana ponderat fextam partem careftata; plumbi, fcil. 20 petras, fexies vi0B0 petra faciunt careftatam plumbi Longinti don, fumma librarum caretatse London, duo mille &P centum libra, fcil. de VVaterfothmalct, fex facci Ex Cartulana faciunt carcciatam plumbi, lar. S. Albani, MS. Cotton. Tiber. T. 6. fol. 260. Camarilla J Care(tanu#, A Carter. Sciant In li quod ego Hereviardus Pril Dedi beram, puram P perpetuam Eleemofynam Deo Qp Altari B. Maria in Conventuali Ecclefia Leominjlr. xii d. annui redditus provenientes de quodam Adefuagio

&

caterorum fubelleBilium dorucarum, Carrorum, mus. Charta Gaufredi de Lamay mil. Abbati de

&

Burgo.

Carragtum, The fame with Cariagium, a Carriage. i^arraf,

or CareB. The Word was formerly ufed for any Weight or Burthen, tho' now appropriated to the eight of four Grains in Dia-

monds.
CarrfCtafa
terras.

See Carucata

terra.

Quod

cum

ipfa teneat de ipfoduas

pifoporum, Comitum,

Caritasr, Ad Caritatem, Poculum Caritatis A fcenatam, QPc. Sine dat. Penes Tho. Bridgwater, Grace-Cup Or an extraordinary Allowance of Gen. Wine, or other good Liquor, wherein the ReliCarrels, Clofets, or Apartments for Privacy gious at Feftivals drank in Commemoration of and Retirement. Three Pews or Cartheir Founders and Benefactors. So among the 4 rels, where every one of the old Monks had Cuftoms of the Abbey of Glafionbury : his Carrel fevcral by himfelf, to which, having In diebus flemnibus quum fratres fuerunt in dined, they did refort, and there ftudy:cappis, 1 medonem habuerunt in jufiis, CP fimulas fuper menthefe Pews or Carrels were finely wainfeoted, fam, &P tiir.um ad caritatem, Qp tria generalia, Qp ' and very clofe. Davies Mon. of Durham, p. 31.
:

quod de Bobus, Vaccis, Rogero filio Ade Pifioris pro Homagio Qp Ser~ &Pc. mulionibus, magna Redquafi intollerabilis efi uitio fuo totum pratum meum de Wiggemore. Cariftia biis diebus fub, &Pc. Pat. S. Ed. 1. m. 14. dend. inde annuatim mihi &> btredibus meis ipfe &> intus. haredes fui unam Carretam fceni rationabilem CP bene

&

'

'

quatuor

<vel

quum pro

gp hac_ efi affifa quinq; pietantias cerevijia vinum debent habere, unufquifq; fci-

'

Vid. Carola,

Carricfe,

(Carrucha,) a Ship of of the Italian Word CaMentioned or Charge rico, or Carco, a Burthen j Rick 2. cap. 4. Waif, in R.t. pat. 322. Obviat Cf fex Carricis refertis vini fpeciemagnit coggonibus, And as they were ufed in Trade, fo they buias Walfing. in H. 5. fol. 394. were alfo in War Vtx. Galli conduxerant elaffim magnarum nav'mm

Carrtck,

or Carracb,
;

great Buthcn

fo called

qucntly ufed in the Britain Law*. Lambard ahis Precedents, towards the End of his Eirenarcha, tranflatcs carucatam terra, a Ploughland. The Word Carve is mentioned in the Statute of Wards and Reliefs, made 28 E. 1. and in Magna Charta, cap. y. See Co. on Littl. Sec Mr. Ktnnet't fol. 69. a. Glotfary, in voce Carucata.

mong

Quandam
plicuit

qua regnum Angli* moleflarent. *l' as Carruwayfeeds, Is a Seed the Herb fo called, of whofe Ope. fpringing of ration you may read in Gerard's Herbal lib. t. It is reckoned among the Merchandise, cap. 396that ought to be garbled, by 1 Jac cap. 19. CartatU*, Carcatui, The Word is ufed of a laden with a Cargo of Goods. Ship, or Vcflel navem Ccftriae, out in potefiate veftra ap-

Carricarum,

&*c.

OTarroU)aT'fteti.*

Carucata Bourn , A Team or Draught of Oxen, for drawing or ploughing, which in fom Wcftern Parts of England is ftill called a Plough of Oxen. Gilbert Bajfct, Founder of Burcefier Priory, grants to it Pajluram in mia Dominica paftura ad tret Carucata* Bourn trahentium una cum bobui meis trahentibui. Paroch. Antiquit.
p.

135.
ibid.

They
p. 155.

CarucatariuB', He that held Land in Caruage, Engl. Append. fecifiis. carcare to load, difcarcart to unload a in Socage, or Plough-Tenure. Summa 193. Hence reddituum carucatariorum, Ji fuerint ad Ship. firmam Cartel. See Cbartil. xxiifol. fumma gallinarum carucatariorum Qfi cotariorum cxiv gallin*. Paroch. Caruagf, Carvagium. See Carucata. Antiq. from the P-354Cartira, French Charrue, a Plough Cau"dtum and Caflafa, (from the Ital. Cafa, old Gallic Can, a Plough, which is the prefent Iritb Word for any Sort of wheel'd Carriage, i. e. Domus ;) Habitaculum cum terra idonea ad unam from whence the Sax. Ceorl, a Ploughman, the familiam alendam; alias Cafamcntum Saxonibus Northern Kurl, our Southern Churl, and in Cor- nofiris Hide; Bcda, Familia. Places Chart, as Charlton, Cbarlbury, Ego torterus, famulus famulorum Dei, pro reruption of &c. Carl in the Modern Welfia, is a Ruftick, or demption anim* me*, unum Caflatum dedi Aldberto Clown. Abbati, qu* Jita efi juxta fiuvium JEfce, ad pirtam Carucanjum, Was a Tribute impofed on eve- qua dicitur Blcdenithe ad infulam parvam, dP ad beati Martini Confejforis, in propriam fubry Plough for the publick Service. Regi conceffum Ecclefiam Mam Angliam Carucagium de qualibet carma fiantiam. Habendum, Donamumque cuicunque voluefi per duo folidi argenti. As Hidage was a Taxation by erit. Qui banc cbartam infrir.gere temptaverit, fiat Hides of Land, lb Carucage was by Carucats of feipfum a Communione San&orum feparatum Qf> ah Land, which at firft was but 4 d for every omnipotent! Deo. Ego Fortcrus conftnji <j- fubfnpfi Dederunt S. Edmundo de qua- ASa efi autem bee donatio Anno DCCXII. IndiSione Plough. libet Carucata terra in toto Epifcopatu quatuor Dena- prima. Ex Reg. Glafton. Csenob. penes Rad. Shelrioi annuos, quod ufque modo, ea de caufa, Caruca- don, Arm. Mon. Angl. 1 par. fol. Caffata is the fame with Hida. Rex Angl. Ethelgium efi appellatum.

cartata blado Clauf. 25 H. 3.

&

Charter of Aubery de
ley,

are called Boves de caruca, in a Vtre, to the Abbey of Note-

aliis

viHualibus, arrejlari
Hift.

Brady

Plough-land, Domefday, Mr. Agar. no 1008, and Henry Huntingdon, mentioning the It is a certain Quantity of Land, by which the fame Thing, inftead of Caffata writes Hilda. Dm taxed ; whereup- Cange. Subjects have been fometimes on the Tribute levied upon a Carue of Land, <LaQ)lit( is a Saxon Word, and fignifies a was called Carugagium. BraBon, lib. 1. cap. 3.6. u. Mulct ; Si autem pofl Excommunicationem , cFc. vtIt may contain Houfes, 8. &f cap. 17. Mills, nerit,forisfacluramfuam queAngTtce tw<**rThferhynCartlCflta,
C*. on Littl. feci. neffc feu Caihilite, pro unaquaq; vocatione Epifopo fometimes ufed for a Cart-load, as Una reddat, &V. Du Cange. carucata ligni in forefia nofira. Mon. Angl. a par. Caffta ftftula, Is a Tree that beareth black, Tenure in Socage faith, round and long Cods, wherein is contained a f. 511. Littleton cap. That Soca idem efi quod Caruca Yet Stow in his Pulp foft and pleafantly fweet, fcrving for many Annals, pag. 271. makes me doubt, where he Ufcs in Phyhck. This Tree, with the Virtues took Caruage \ that you may find defcribed in Gerard's Herbal, lib. 3 faith, The fame King Henry The Fruit is mentioned in the Statute is to fay, Two Marks of Silver of every Knight's cap. 77. Fee towards the Marriage of his Sifter Ifabella 1 Jac cap. 19. among the Drags and Spices to to the Emperor, where Caruage cannot be taken be garbled. a Plough-Land, except there were fome Caff; a (igrtea, Is a fweet Wood, not unlike I for other further Divifion, whereby to raifc of the Cinamon, whereof you may read in Gerard's every Plough-land fo much, and fo conlequcnt- Herbal, lib. 1. cap. 19. and comprifed among that is, of every 680 Merchandize to be garbled. ly of every Knight s Fee, CaffiDilf, A little Sack, Purfe, or Pocketr Acres, two Marks of Silver. Rafial, in his Exof Words, faith, That Caruage is to be Protulit in Caflidili toxicum mellitum. Matt. position mail tax all the Land by Weftm. quit, if the King Carues ; that is, a Privilege, whereby a Man is Caffu, The Hundred of Caijhow in Hertford-

294.

a.

ted.

dei,\o Caflatis

unum

trierem,&c. Hoveden,

An-

Pafture,
119. It

Meadow, Wood, &c.

is

exempted from Caruage. Skene de verb, fignif. Jhirt. verb. Carucata terra, deriveth it from the French CaffiteriOCF, The Ifles of Silly. Cbarrow (more truly Charrue) a Plough, and) ttafffl, op Cattle, Cafiellum, Is well known. In faith, That it contains as great a Portion of the Time of Henry the Second, there were in Land as may 'be tilled and laboured in a Year England 1 1 1 5 Cafiles ; every Cafile contains a and a Day, with one Plough ; which alfo is Manor ; fo that the Conftable of a Cafile, is the a Word very fre- Conftable of a Manor. 2Part.Infi.fcl.ii. /called Hilda, or Hida terra, I L a CaSlg;
. .

888. 5j Acras terra pafturam ad ducentas oves, 080 Caliritios &P fexdecim boves, Qpc. Cafu confimiti, Is a Writ of Entry granted where the Tenant by Curtefy, or Tenant for Term of Life, or for the Life of another, doth alien in Fee, or in Tail, or for Term of another's Life. And it hath the Name of this ; for that the Clerks of the Chancery did, by their common Confent, frame it to the Likcnefs of the Writ, called In cafu provifo, according to the Authority given them by the Stat. Weft. 2. cap. 24. which, as often as there chanceth any new Cafe in Chancery, fbmething like to a former Cafe, and yet not efpecially fitted by any Writ, Be qualibet diftriBione infra feodum ifjius ducts ad licenfeth them to frame a new Form anfwerable ibidem una de caufa, to the new Cafe, and as like fome former Cafe, Caftellum de Halton dufli, Mam noBem pernoBaverit, quatuor denarios, as they may. And this Writ is granted to him ft per in the Reverfion See Stagium. PI. apud Ceftr. 31 E. 3. againft the Party to whom the CafieUam, (French Chaflellain,) The Lord, faid Tenant fo alienateth to his Prejudice, Owner, or Captain of a Caftle, and fomctimes and in the Life-time of the faid Tenant. The the Conftable of a Caftle, or fortified Houfe. Form and Effect whereof, read more at large in BraBon, lib. 5. trad. 2. cap. 16. and lib. 2. cap. F. N. B. fol. 106. Ed. 1. Calula, A certain Garment belonging to the 32. num. 2. and ufed in like Scnfe. 3 It is fbmetimes taken for him that hath Pnefts, quafi minor cafa \ becaufe it covered 7. cap, the Cuftody of one of the King s Manfion- him over. Sometimes 'tis taken for Cuculla; for both have the fame Signification : Cucullam Houfes, though not a Caftle, or Place of De2 Part. Infi. fol. 31. Manwood, Part 1. nos effe dicimus quam alio nomine Cafulam vocamus. fence. There was an Officer of the Fo- And from hence we call it a Caffock ; 1 1 3. faith, pag. reft Called Cafiellanus, who had the Command of all or Part of the Foreft. Of the Ufe and Cafulaque capax a forftce forma Extent of this Officer in France, fee Cotgrave's Poft longas babitura plicas contraBa

Arc Rents paid by thofe that dwell within the Precincts of any Caftle, towards the Maintenance of fuch as watch and ward the fame. Af for fettling certain Rents in 22 S" 23 Car. 2. Truftees, fltaftletoarti, Caftlegardium, vcl Wardum Caftri, Is an Impofition laid upon fuch of the King's Subje&s as dwell within a certain Compafs of any Cafile, towards the Maintenance of fuch as do watch and ward the Cafile. Mag. Chart, cap. 20. and 32 H. 8. cap. 48. It is ufed fometime for the very Circuit it felf, which is inhabited by fuch as are fubject to this Service ; as in Stciv's Annals, pa. 632. Et capere ibidem Caftleivard, viz
Cattle*iJliarD VLtnte,

&

&

miniftris.

Di&ionary, verbo Chaftellain.

Cafu wobifo, Is a Writ of Entry given by CafhUartt, {Caftellarium &> Caftellatus.) Et unum Teftum juxta Caftellarium. Mon. Angl. the Statute^ of Ghucefter, cap. 7. in Ca'e where 2 Par. f. 402. a. Comes Alanus bahet in fuo Caftel- a Tenant in Dower alieneth in Fee ; or for latu 200 Maneria. Domefday. The Precinct or Term of Life, or in Tail, and lieth for him in Reverfion againft the Alienee, whereof read Jurifdi&ion of a Caftle. CatteDatio, This was the Building any Caftle F. N. B. fol. 205. without the Leave of the King ; which it was Catala, alias CljatteOf, CataUa, Cometh from unlawful to do. Httc mittant bominem in miferi- the Normans } for in the Eighty feventh Chapter cordia Regis, viz. InfraBio pads, infidelitas & pro- of the Grand Cuftumary, you fhall find that all Du moveable Goods with them are called Chattels ; ditio, defpeBus de eo, Caftellatio fine licentia. the contrary whereof is Fief. ibid, which we call Frefne. But as it is ufed in our Common Law, it arafffflojum opcrati'O, Caftle-work, or Service Fee. and Labour done by inferiour Tenants, for the comprehends not all Goods moveable and immoveBuilding and upholding Caftles and publick able, but fuch as are in the Nature of Freehold, Toward which fome gave or Parcel thereof, as may be gathered out of Places of Defence
'

their Perfonal Affiftance, and others paid their Contribution. This was one of the three ncceffary Charges, to which all Lands among our Saxon Anceftors were exprefly fubjeft. Libert ab omni fervitio, extepta trinoda neceffttate
Pontis

Howbeit

fiem.

caufe they are Fer* natura ; but Arcis conftruBione expedition* contra bowhy Money is After the Conqueft an Immunity from this not, tho' he fet not down the Caufe, yet it may Burden was fometimes granted : So King John to be gathered to be, for that Money of it fclf is the Nunnery of St. Catherine without the City of not of Worth, but as by Confent of Men for their dt operationibus Caftel- eafier Tratfick, or Permutation of Exeter, quietos effie Things necefPontium. Mon. Angl. torn. 1. f. 503. b. fary for Life. It is reckoned a lorum Thing rather So King Hen. II. to the Tenants within the Ho- confifting in Imagination, than in Deed. And nour of Wallingford, Vt quieti ftnt de opera- here Note, That Chattels be either perfonal, or Paroch. Antiq. p. 1 14. real : Perfonal may be fo called in two tionibus Caftel lorum. Refpets; (Tatter and Cljetter, The Names of Places one becaufe they belong immediately to the Perending in Cafier and Cbefter, are derived from fon of a Man ; as a Bow, a Horfe, &c. the other, the Sax. Ceafter, which Signifies a City, Town, for that being any way with-held injurioufly or Caftel ; or rather from the Latin Caftrum : from us, we have no Means to recover them but For the Names which end with this Termination by perfonal Action: Chattels real be fuch, as eiwere given by the Romans to thofe Places where ther do not to the Perfon, but to fome appertain other Thing by way of they built Caftles. Dependency, as a Box with Charters of Land ; the Cattle. See Caftel. Body of a Ward, Weather Sheep. Apples upon a Tree, or a Tree it felf Caffo? and Caffrffin*?, Ca (lores enim bonis velleribus commit nhi cum matri- on the Ground, Cromp. Juftice of Peace,growing f. 33.4. cibus hidentibus. Du Cange. Monafticon, pag. or clfe fuch as are neceflary, iffuing out of fome
j

&

&

Chapter CataUa, fol. 32. faith, That ready Money is not accounted any Goods or Chattels, nor Hawks nor Hounds ; the Rcafon for Hawks and Hounds he gives, is be-

Staundf. Prtrog. cap. 16. Kitchin, in his

And Anno

Eliz. cap. 2.

&

immoveable

C A
immoveable Thine to * Pcrfon, as a Lcafc or Rent for Term or Years. And alfo to hold at merbo Will, is a Chattel real. Terms de la Ley, Chattel. The Civilians comprehend thefe Things, in alfo Land, of what Kind or Holds foever.under
Bona
;

C A
& immobilia
aliii

Cauoa terras, A Land's End, or the Bottom or extreme Part of a Rigdc or Furrow in arable Land. dua acrt t? dimidia ad caudam/cx acraitem dimidia mtra ad rumjimul jacentium caudam unius acra. Cartular. Abbat. Glafton.

rnobilia vero in ea

Bona autem dividuntur in mobil'ia qnt fe movent vel ah

MS.

f.

7 .b.

moventur.

V. Legem. 40. 8c L. 108. dc verb, fignif. 8c interibid. Brafton alfo cap. 3. lib. 3. n. 3,&P 4. prctes feemcth to be of the fame Judgment. Chattels immobilia ; proprie taarc bona qutcunque rnobilia men ea bonorum pars qu*. in animalibus conjijlit ; a quo-

Cabert.

And two great Courts of Bcrghmotc

&

ought to be In every Year, upon the Minery, To punijh Miners that tranfgrefs the Law, To curb Offenders, and to keep in Avie

res ipft alias capita, alias capitalia Such as be Cavers, or do rob Men's Cots ; Such as be Pilferers, or dofieal Men's Stoes. did* funt. Spelm. Manlovc'j Poem en Dcrb. Mines. iat9ll0tapri0 nomine Diffridronig, Is a Writ that licth within a Borough, or within a Houfe, for Rent going out of the fame, and warrantcth Caulceifl, {Anno 6 Hen. 6. cat. 5.) Caucus, a Man to take the Doors, Windows or Gates by 1 Ed. 4. cap. 1.) It flioukl probably be written way of Diftrcfs for the Rent. Old. Nat. Brev. fol. Caufewayi, from the old French Word (auz, now CaittoH a Flint ; and is well known to fignify 66. Ways aratflTFiB rfttomoiMsa Writ which licth where pitched with Flint, or other Stone ; for the Via Goods being delivered to any Man to keep unto Appia in Italy is a Caufeway, made of black Flinta certain Day, and be not upon Demand deliver- ftones, Pro ponte &P caiccto reparand. Pat. I have Teen it written Caled at the Day. And it may be othcrwifc called 18 H. 6. p. 2. m. 22. and Calfetum, in old Records : Perhaps Writ of Detinue. See more of it Reg. Orig. fol. cpa, Cafea, anfwcrable from the Ital. Catzata. 139. and Old. Nat. Brev. f. 63. This is Italian to ABio Dedojiti in the Civil Law 'iaurlini'jj, Caorcini, Caurjini, Corfoni, Carayianus?, afeyjanu, Catipamiff, the fame Merchants, fo called from Caorjium, Caorji, a Town in Lombardy, where they firff practiced with CapitaneM, a Captain. their Arts of Ufury and Extortion : And thence Fartibus Attfoniis Gallorum terror habctur fpreading thcmfelvcs, and their curfed Trade Ex quo Normannos Catapan abfeedere fecit. through moft Pans of Europe, were a common

rum capitibus

Plague fo every Nation where t'icy came. MatEdmundus Willoughby tenet thew Paris gives a Character of their odious PraCafapulra.mnum meffuagium Q? fex bovatas terrt in Carlctun, ctices in England, under the Year 1237. And an. 1 232. ut de manerio de Shclford per fervitium un'ms cata- Matth. King Henry the Wefim. fub. pults per annum pro omni fer-vitio. Lib. Schcdul. de Third baniflied them from this Kingdom, in the Some Year 1240. But being the Pope's Sollici tors, ProTerm. Mich. 14 H. 4. Notr. 210. render it a Warlike Engine to moot Darts, a curers, and Money-Changers, they were permit; I rather take it for a Crofs-bow. ted to return in the Year 1250. but in very fhort Sling. <Gatafcopu^ fignifies an Archdeacon : Adulfus Time were expelled for their intolerable Cheats Du Frefne. and Exactions. Herefordenjis Eccleft* Catafcopus. Caufa patrimonii praelocUtt, Is a Writ which CatrlHanrt, In Norfolk they have fome Grounds where it is not known to what Parifh they cer- lies in Cafe where a Woman givcth Lands to a the Man in Fce-fimple, to the Intent he /hall marry tainly belong, fo as the Minifter who firft feifes Tithe, does by that Right of Pre-occupation enjoy her, and hercfufeth fo todo, inrcafonablc Time, The Land of this dubious being required thereunto by the Woman the it for that one Year. Form and other Ufe thereof, fee Reg. Orig. f. 233, Nature Is there called Catch-land. Catchpol, {jCaihepottus and CactpoUus, quafi, one andE N. B. 20 J. that catches by the Poll,) though now taken as a Caufam nobis (ignificre, Is a Writ which licth Word of Contempt, yet in ancient Times it was to a Mayor of a Town or City, &r>c. that for;

ufed, without Reproach, for fuch as

the

we now call merly by the King's Writ, being commanded to Mace, Bailiffs, or any other that give Seifin unto the King's Grantee of any Lands Serjeants of An. 25 E. 3. or Tenements, doth delay lb to do, willing him nfc to arreft Men upon any A&ion. caufe why he fo delayeth the Performance Stat. 4. cap. 2. Hofpitalarii tenent in Hereford, to fliew unum Mefuagium quod Philippus Jilius Odonis tenuit of his Charge. Co. lib. 4. cafu, Commonalty it
eleemofynam.

Cachepolli, quod eis legavit in puram Sadlers, /. 55. h. Rot. de Serjantiis in Hercf. temp. Haufea, the fame with Catcea, Calceta, which wc call a Caufeway. Quotidie venerunt Franci ad Hen. 3. See Lapis Marmoreut. Caufeam, inire hafliludium cum Anglis. Knighton. Catljeoja marmtyea. So in the Monafluon, 1 Tom. p. 275. ln.tptum fuit Sec Church. Cafl)ED;a!. Is a Sum of two Caufetum novi vici ante portas AbbatU. Caftjebjaticfe, Catledraticum, Caufcnnae. See Gaufenna. Shillings pay'd to the Bifhop by the inferior In argumentum fubjiBionis, Gp oh honorem Cautione iDtnittenon, Is a Writ that lieth Clergy, Cathedrae. See Hilt, of Procurations and Syno- againft the Bilhop, holding an excommunicate Pcrfon in Prifon for his Contempt, notwithstandnals, p. 82. Cattuuchtani were the Inhabitants of Hertford- ing that he offcrcth fuflficient Caution, or Pledges to obey the Commandments and Orders of Holy shire, Bedfordshire and Buckinghamfhire. A Hunting Horic. Willielmus Church from henceforth. The Form and Effect iatJUtU*, Alani dat Regi duos bonos Cat7.uros, pro haben- whereof you may find in Reg. Orig. pag. 66. and Jilius F. N. B. f 63. dis duohus Feriis apud Norton. An. 6 R. Joh. Tenures, p. 63. Vid. Chacurus.
per Serjantiam
<ffar,

C E
nincs an Houfe

C E

it figCenCarii Dome/day. Tit. Everwic. Achum Cap, a Key or Water-lock. Sometimes De quadam Caia &> domo, &c. Ibi funt nunc 14 Cenfarii, habentes feptem Caruca; From the Brit. <K.At, which is a Fence ; and not tas. Farmers, fuch as might be taxed. from the Sax. C<eg, Clavis. CenfumcytlitDU*, e. A dead Rent like that the which we call Mortmain : 'Tis mentioned in the Capagiunu A Toll, or Duty pay'd to King for landing Goods at fome Key or Wharf. Monafiicon, I Tom. pag. 6\. Sint omnino liber* Cell* the Barons Ecclefi* cum redditibus fervitiis, debitis & CenfuKing Edward I. grants by Charter to de omni tbe- morthidis. -\Jt 'of the Cinque Ports, quietifint

&

hiiio,

lagio, paffagio,

tah Ceitfure, or Cufiuma vocata Cenfurp, ("from the omni Lat. Cenfus, which Hefychius expounds to be a II. MS. Kind of perfonal Money, paid for every Poll) Vliree, is, in divers Manors in Cornwall and Devon, the penes Dominum Fountains. from the Saxon calling of all Refiants therein above the Age of tteajJjjilbP, A Word derived Cattle; and gild, folutio ; fixtecn, to fwcar Fealty to the Lord, to pay rf. ceap, fignifying pecus that is, Solutio Pecudis or Pecudis feu Mercemonii per Poll, and id. per an. ever after; as Cert-money we or Common Fine ; and thefe thus fworn, are called : From this Saxon Word Gild, refiitutio haply Item erat quadam Cuftuma qua vacatur have our common EngUJh Word Yield ; As, Cenfers. may Cenfurf, proven, de Hits qui manent in Burgo de Yield, or Pay. v cltua, A certain Mcafure among the Scotch, Loftreythiel. Survey of the Dutchy of Cornwall. Whence our Chalcalled by them a Chalder CentUrj*. See Hundred. dron of Scotch and Newcafile Coals. Rex ScotU hoCeola, A great Ship : 'Tis mentioned in Malnoris gratia, dedit (Epifc. Sarisber. &> Rouccftr. mesbury, lib. 1. c. I. viz. Placidoque ventorum favore, tunc in Scotia agentibus) odoginta Ccldras frumenti, tribus longis navibus, quas ill's Ciolas alias Ceolas &> odaginta de avena. vacant, Britanniam advehebantur. fexaginta fex de brafio, Cecvf, ;. e. Churl. See Cheorl : Rufiici fi CcorCron. Mailros, fub an. iaoo. Cflec JUcti, The Top, Head, Tefte, or Te- li QPfosmin* pueras habent. Dedit ad earner am Prions unum Cept CO^pUj?, Is a Return made by the Shetter of a Bed. Hift. riff, that upon a Capias, Exigent, or other Proledum, cum celere 8c curtenis blodei colons. cefs, hath taken the Body of the Party. F. N. B. Elin. apud Whartoni Angl. Sac. P. i. p. 673.
confuetudine, videh ab

& omni

omni

lafiagio,

cayagio, rivagio, fponfagio, Ed. &>c. Placit. temp. Ed. 1.

&

&

&

Ci Ucr.rtU*,

alias

(LeflUrtUtf,

Offidalis

Ceppagium, The Stumps or Roots of Trees admimfirat. Monafierioqui fratrum fiipendia fervat MS. In Monafterics he was in Nature of a Ste- which remain in the Ground after the Trees are ward, qui totius AbbatU curam gerebat. CeUerarius felled: In Fleta, lib. z. c. 41. par. 24. Qui forefiain Mona- rh ceperint coopertiones, ceppagia efcheatas qutrcupropter dignitatem Officii, fecundus pater efi Mon. Angl. par. f. 302. a. In the TJniverfi- um five aliarum arborum, &c. fierio. <u- rarfiiun. Cfrane, i. e. Waxfcot, or a ties of England they are fometimes called ManciPayCandles in the Church. See fometimes Caterers, and fometimes Stewards, ment to find ples, iffrilie a Sort of Sky-coloured Cloth, fo Waxfiiot : 'Tis mentioned in Matt. Pari/, viz. Si

&

efi

in

fol.

z6.

&

Wax

called

from

coeruleo

vel

ccelefii

colore.

Ric.

3.

Ecclefia petat

Ceragium

vel herietum,

&c.

cap.

8.

ficiendas.

Cf rTU ae, Shingles, Shindies, Scandul*, fmall Pieces of Wood, laid in Form of Tiles, to cover Mandatum ad cenduthe Roof of a Houfe. 1ns G^ lattas nofir as cariandas de Parco ad damns rePat. 4 H. 3. P. I. m. 10.
CfiUfiiff, This
is

an expiatory Mulct, paid by one who kills another, to the Kindred or the [ficando de fiatuto Mercatorio. Eod f 148. And de in cancellariam de Deceafed. From the Sax. Cinne Cognatio, and inquifitione de indemptitate nominis, fol. 195. And certificando quando reSee Mtgbote and Kenegild. gild foLtio. Ct Kl.se, Acorns; fo called from the Oak, !certificando And certificando quid aiJum efi de brecognitio, QPc. Fr. Chefne : Whence in our old Writings, Peffona vi fuper fiatutum mercatorium, f. 151. And certificeneUarum, is put for the Pannage of Hogs, or cando in loquela WarrantU, f. 13. Meant Certifiraf, Certificator'mm, Is ufed for a Writing running of Swine, to feed on Acrons. made in any Court, to give Notice to another xxx Porcos. Court of any Thing done therein. As for ExamCent tnaemt. See Iceni. Ce niP, The River near Tregony in Cornwal ple, a Certificate of the Caufe of Attaint, is a Cftl'tintta, This is Notice given by the Buyer Tranfcript made briefly, and in few Words, by to the Seller, that the Thing fold is claimed by the Clerk of the Crown, Clerk of the Peace, or another, that he might appear and juftify the Clerk of Aflife, to the Court of the King s Sale ; from the Saxon Cennan tean, i. e. auHorem Bench, containing the Tenor and Effect of every advocate : 'Tis mentioned in the Laws of Athelfian Indictment, Outlawry, or Conviction, and Clerk made or pronounced in any other viz. Diximus de igr.otis prco attainted, apud Brompton, cap. 4. ribus ut nemo habeat fine Tefiimonio hominis hundredi, Court. 34 H. 8. 14. Of this, fee more in Critif. alterutrum habeat, dEvefq; Bro.f. 1 1 J). hoc bene credibile, &c nifi fit

CiTtificanoo De wcognifipne ftiyu , Is a Writ Idirefled to the Mayor of the Staple, &.. comImanding him to certify the Lord Chancellor of a Statute of the Staple, taken before him between fuch and fuch, in cafe where the Party himfelf detaincth it, and refufes to bring it in. Reg Orig. 1 52. b. In like Manner may be faid or Certi.fol.
I I

&

&

^obet !u*eilfn, &c Nov* Dijfeifime, QPc. Is a Writ, Henricus Stur granted forthe ad cenfam, at a (landing Rent. Re-examining or Revicwofa Matmy tenet maneria in com. Wilt, per fervitium cufiodi- ter paffed by Affife before any Juftices, and is endi ballivam totius forefi* de Savernake, &> cenfa- called Certificatio Nov* Old Nat. Brev. Difleifin*. riam, qu<t vacatur La Farmc in forefia prtdifta,temp. fol. 181. Of this, fee alfo Reg. Orig. fol. 200. and Ed. III. Tenures, p. 88. Et debent habere mortuum the New Book of Entries, verb. Certificate of Afiife. bofcum in Cenfai de le Verre in forefia de Sat/ornge, This Word hath Ufe, where a Man appearing by his Bailiff to an Afiife &>c. Pet. Pari. Temp. Ed. 3. brought by another, hath 4 loft
nolttmus ei permittere Cenningham alijuam. C> fa ia, Farm, or Houfe and Land, let

Certification of 3fllfe oF
Afiife

Certificatio

C E
loft

C_H
ncral Ground,
'.

the Day, and having fomcthing more to' plead for himfelf, as a Deed of Relcafe, &Pc. which the Bailiti" did not, or might not plead for him, defireth a farther Examination of the Caufe, cither before the fame Jufticcs or others, and obtaineth Letters Patent to them to that EfThe Form of thefe Letters Patent, you fect.

e.

That ho

brought, hath for two Yean neglected to perform fuch Service, or to pay fuch Rent ai ho h tied to

againft

whom

it is

by

his

Tenements
(trained.

Tenure, and hath not upon

furncicnt

his Lands or Good* or Cattle tobedi5. cup. 34.

Sec Fleta,

lib.

See

Ceffavit dt

Cantaria.

Ceffavit per biennium, in Reg. uf Writs, f. 137, 258. and New Book f Entries, verbo. Ceffavit. It lic whom the Affife parted, and the Jury that was not, but for annual Service, Rent, and fuch like, cmpannclled upon the fame, before the faid Ju- not for Homage or Fealty. And it is cale3ee. By 22 H.S.cap. 3. it fecms to fticcs, at a certain Day and Place fignify led a Certificate, becaufe in it there is Mention Affeffment, or Taxes : Crffi or ceaffe in Ireland u made to the Sheritf, that upon the Parties Com- an Exaction of Victuals, at a certain Rate, for plaint of the defective Examination, or Doubts the Deputy s Family, and the Soldiers in Garrithe King fon. See the Earl of Strafford's Triul. yet remaining upon "the Affife parted, hath directed nis Letters Patent to the Jufticcs, CrOion, (CeJJio), a Ccafing, Yielding up, or for the better certifying of thcmfclvcs, whether Giving over. Si un Par/on oh Dean en Anpliterre all Points of the faid Affife were duly examined. prifi un Everfquery en Ireland, ceo U

may

fee F.

N.B.f.iSi. and

/,#. v .j, Ceffavit d$ Jeodi firma.

:

Writ

to the Sheriff, to call

that done, bringeth both the Party for

fait
f.

See farther, Old Nat. Brev. and F. N. B. ubi fupra. Of this you may alfo read Braff. lib. 4. c. 19. . 4. in fine, cV 5, 6. where he difcurteth the Reafon of And laftly, Home in this Point very learnedly. his Mirror of Juft. lib. 3. cap. final. feS. En Ayde
Aes

void per Ccflion.

Fratris

Latch's Rep.
Wellington,

primier Efrlife 234,

Ratione vacationh Prioratus pradicfi,

Rogers
de

per Ccffioncm ultimi Prioris, &V.

Memoyres, &c.

Clauf. 13 Ed. 3. p. 1. in. 38. Crffion is alfo where an Ecclcfiaftical Pcrfon is created Bilhop, or when a Parfon of a Parfonage takes another Benefice

Crrt^SjSoiiep, (quafi, Certain Money) Head-money or common Fine, paid yearly by the Reliant s of feveral Manors to the Lords thereof, Pro certo LeU, for the certain keeping of the Lett ; and fomctimes to the Hundred. As the Manor of Hook,

without Difpcnfation,

or otherwise not

qualified, &>c. In both Cafes their firft Benefices are become void, and arc faid to come void by : And ,to thofe that he had who was created Ceffion

Bilhop, the

King

lhall

prefent for that

Time,

pays Cert-money to the Hundred of Egerdon. This in ancient Records is called CerSec Common Fine. tiim Let*. Uierfiojari, Is a Writ out of the Chancery to an inferior Court, to call up the Records of a Caufe therein depending, that confcionablc Jurtice may be therein adminiftred, upon Complaint made by Bill, that the Party which fecketh the faid Writ, hath recei v'd hard dealing in the faid Courts. Termes See the divers Forms and Ufcs of this, de Ley. F. N. B. fol. 242. as alfo the Rcgifter, both Original and Judicial in the Tables, verb. Certiorari ; Crompton in his Juftice of Peace, fol. 117. faith, That this Writ is cither returnable in the King's Bench, and then hath thefe Words, Nobis mittatis ; or in the Chancery, and then hath in Cancellaria nofira; or in the Common Bench, and then hath
in Dorfetpire,

Patron of them ; and in the other Cafe the Patron may prefent. Cffo', Lat. a Loiterer, or idle Fellow but we ufe it for him that ccafcth or neglecteth lb long to perform a Duty belonging unto him, as that by his ceffe or ceffing, he incurreth the Danger of Law, and hath or may have the Writ Ceffavit brought againlt him. Old Nat. Brev. fol. 156. And Note, That where it is faid in divers Places, The Tenant ccfleth, without any more Words, that is to be undcrftood, the Tenant ccafcth to do what he might, or is bound to do by the Tenure of Land or Tenement. or OLfffer, Is likewife taken to drflurp, fignify a Giving over, or giving of Place. Well. 2.
is
;

whoever

cap.

41.

Uirffut

qui biP,
is,

coram

The de Banco. certiojfufiiciariis nojlris rari is ufed divers Times in the Digeft of the Civil Law: But our later Criticks think itfo barbarous, that they fufpect it to be rather foifted in

Word

de qui, that

He

Tenement
Crlrui
is

Is in true French a vie Cefiui for whofe Life any Land or

is

granted.

Perkins. Grants, 97.

this

ilUI uff,

(lUe cujus ufui, velad

broken French, and

I'ufe

may
is

citjus ufum,) be better model-

by

Men of whofe Works

Prataus infuo Lexico.
Cftur.i,

Tribonean, than to be originally ufed by thofe the faid Digeft is compiled:

led {Cefiui a

de qui) It

an ordinary Speech

ments. See the New Book of Entries, verbo Mound, Fence or Enclofurc. Williclmus de Lucey miles, dedit Thomse Minifiro Ufcs and in Replevin, /. 508. col. 3. verbo TrcfDamns de Thclcsford, Ucentiam domos &P fortas le- pal's, fol. 606. 6> 1 23. col. 3. num. 7. And fee vare, ndificare, &P cum cercris, &P maris includere 1 R. 3. cap. 1. and Co. lib. I. 133. An. uCar. 2.
;

among Lawyers,
ny other

Man

is

fignifying him to whofe Ufc ainfeofted in any Lands or Tene-

qutc ducitad Eccleftam de Thelcsford, Jicut per cap. 30. Cffllli OUI trull, Is he who hath a muros diilorum &* Fratrum junta ponten exMinifiri Trufi in tenditur. Cart. Prioratus de Thclesford, MS. Lands or Tenements committed to him, for the Tho' poflibly Centra is here for Serrura, and is to Benefit of another. 12 Car. 2. c. 30. a Water-lock. Cl^aiF*, the Way through which Cattle are fignify Ceruifartl, The Saxons had a Duty called drove to Pafturc, commonly called in fome PlaDrimelean or Drinkelean, i. c. Dona fotationis bono ces a Drove Way, Vt fi quis omnino viam cbfiruat vei raria, quibus fcilicet prttdiorum Dominus a Vaffallo chaccam per cjuam hgredi folet pafinrx. Braiion, Whence thofe Tenants lib. 4. c. 44. It is alfo taken for a Chafe, or Stahonoratur fiP excipitur. were in Domefday , called Cervifarii ; from tion of Game, more extended than a Park, and Ale, their chief Drink ; though Cer- lefs than a Foreft. Chacea is fomcrime taken for Cervifia, a Beer or Ale the Liberty of Chafing, or Hunting within fuch a vifarius fignifies vulgarly Diftrict. Brewer. Boftum in quo Abbafes Glaftoniae chaccCeffablt is a Writ that lies in divers Cafes, as am fuam cum canibus fuis procurfvm fuum cum porCartular. Abbat. Glafton. appears by Fitz,. Nat. Br. fol. 280. upon this ge- cis fuis Libelant
.

viam

&

MS.

H
&

Dome amicabili compojitione Law was abridged by 25 H. 8. c. 3. And here obMS. fol. 70. b. chufTiam &P communiam,quam di&us Abbas &" Ante- ferve, That there is fome Difference between bofcii babuerant, cefftres fui in quietum clamavit. Challenge Principal, and Challenge Peremptory ; PeIbid. remptory being ufed only in Matters Criminal, and [ hfltparf , ad Lepores, vel Vulpes ; To hunt Hare nllcdgcd without other Caufe than barely the or Fox. LUet Abb at i fult chaccare ad lepores Prifoncr's Fancy. Staundf. pi. cor. fol. 1 24. But Qf vulpes, in maner'n fuo de Donham. Cartular. Principal, in Civil AGions for the moft Part, and with afligning fome fuch Caufe of Exception, as Abbt. Glafton. MS. f. 87. Clvuiiru*, A Horfe for the Chafe, or a Hun- being found true, the Law alloweth, without farter, unlefs poflibly it rather Signify a fwift Dog, ther Scanning: For Example, If either Party VVilliolmus dc Breofa dedit fay, That one of the Jurors is the Son, Brother, or fleet Hound. Regi oHingentas marcat, tres dextrarios, quinque Coufin, or Tenant to the other, or efpoufed his
chacuros, quatuor cenfas, fc> deem lepcrarios. Anno Tenures, pag. 1 54.. fee bextrarius. ; j fob. UiljafrUuir, Is an Officer in Chancery, that fit. tcth the Wax for the Scaling of the Writs, and fuch other Instruments as are there made to be This Officer is borrowed from the font out.
is

French, for there catefaHores cert funt <jui RegiCoracancellarix ceram imprimmnt. litteris in
fius.

Cllflfcrr, At the Iron-works, in every Forge or Hammer, there is two Fires ; the one they call the Finery, the other the Chafery. At this Chafery into finifht Bars. they draw out the Anconics It feems deiivcd from the French Chaufer, to heat ; whence to chafe, and our Chafngdljl).

CllsffrrP, Seem to fignify Wares, or Merchandise, 3 E. 4. 4. and we yet ufc Chaffering for

Buying and Selling.

ttl'aifwnii,
fix

or Caldern of Coals, Contains thirty-

Bufhcls of Coals, heaped up, and according to the fcalcd Bufhel kept at Guildhall, London, for that Purpofe. 16, 17 Car. 1. c. 2. It is written Chatidren, 9 H. 5. to. and in tat. 10 R. 2. pag. I. m. 1 5. Chaldre. It fhould weigh Two thoufand
<Eli8lfemu. The Merchants Staple quire to be caled of divers new Impositions as Itonage, Wharfage, Qfc. Rot. Pari. Chalking, 50 Ed. 3. Challenge, Calumnia, Cometh of the French Word Chalenger, that is, Sibiafferere ; and in a legal Senfe fignifies an Exception, taken either aPcrlbns, as in Aflifc to gainft Perfons or Things the Jurors, or any one or more of them ; or in a Cafe of Felony, by a Prifoncr at the Bar.

Pound Weight.

of the

re-

Daughter this Exception is good, and ftrong enough, if it be true, without farther Examination of the Party's Credit And how far this Challenge upon Kindred reacheth, you have a notable Example in Plowden, in the Cafe ot Vernon againft Manors, fol. 425. Alfo in the Plea of the Death of a Man, and in every AQion real, as every Aftion Perfonal, where the Debt or Damages amount to 40 Marks, it is a good Challenge to any Man, that he cannot difpend forty Shillings by the Year of Freehold. 11 H. 7. c. 21. The Ground of this Challenge you may fee farther in Fleta, lib. 4. cap. 8. Challenge upon Reafon or Caufe, is when the Party doth alledgc fome fuch Exception againft one or more of the Jurors, as is not forthwith fufficient upon Acknowledgment of the Truth thereof, but rather arbitrable and considerable by the reft of the Jurors As for Example, If the Son of a Juror nave married or efpoufed the Daughter of the adverfe Party. Termes de la Ley, verbo Challenge. This Challenge pur caufe, feems by Kitchin, fol. 92. to be termed Challenge for favor ; or rather, Challenge for favor is faid there to be one Species of Challenge pur caufe, where you may read what Challenges be commonly only accounted Principal, and what not. See the New Book of Entries, verbo Challenge, and the Old Nat.
;
:

Brev.

fol.

158, 159.

That

this

Word

Challenge

is

turned into Lat. by the Word Calumnia, appcarcth by BraHon, lib. 3. tra3. 2. cap. 18. &f lib. 4. trail. 3. cap. 6. &> lib. 5. cap. 6. See farther Fleta,
lib.

1.

cap

32. Co.

on

Lit.

156, 157, Sfc. and Ca-

rangium.

Ctiambfr&fkiria, or Cbamberdakins, Were [rijb Beggars, which by the Statute of 1 H. 5. cap. 8. were by a certain Time, within the Statute liSmith, de Rep. Angl. lib. 2. cap. 11. Britton, ca. 52. mited, to avoid this Land. Termes de la Ley, fol. Baclon, lib. 2. trail. 2. cap. 22. Againft Things, 114. Obfcrve this Dcfcription of them. Anno as a Declaration. Old Nat. Brev. f. 76". Challenge 141 3. Univerjttatem Oxonienfem vexabant fiagitiofi made to the Jurors, is either made to the Array, ijuidam Chamberdekyns didi, qui non alii erant, or to the Polls Challenge to the Array, is when <fuam mendici quidam Hiberni, baiitu Scholarium the whole Number is excepted againft as partial- pauperculorum indnti, fub nulla autem prafide viventes. to or by the Polls, is lis flenne erat domi de die latitare, noBu vera ly empanelled; Challenge when fomc one or more are excepted againft, as circa oertopolia domofque infames obvium quemqut not indiffent. Termes de la Ley. Challenge to the fpoliare,vel etiam trucidare. Antiq. Oxonienfis, lib. I. ]urors is alfo divided into Challenge Principal, and p. 207. Chamber Drpintt. Under this Name in our Challenge fur caufe ; that is, upon Caufe or Rcafon. Challenge Principal, (othcrwife by Staundf Parliament Rolls is often mentioned, the Room called Peremptory,) is tha which was anciently St. Edward's Chamber, and is plac. Cor. fol. 157, 15S. which the Law allows without Caufe a Hedged, or now the Painted Chamber. farther Examination, Lamb. Eiren. lib. 4. cat. 14. Cljambertr, Is ufed for a Cbamber-M&'id. 3 5 H. S. as a Prifoncr at the Bar, arraigned upon Felony, cap. 21. Cljamberlafn,C*m<fr.r;iu,Comethof the French may peremptorily Challenge to the Number of twenty, one after another, of the Jury cm pan Chambellan : that is, Cubicularius vel Prafelius cubinellcdupon him, allcdging no Caufe but his own culi. It is divcrfly ufed in our Chronicles, Laws Diflike, and they mail be ftill put off, and new ta- and Statutes ; as Ld. Great Chamberlain of England, ken in their Places. But in Cafe of High Trea- Lord Chamberlain of the King's Houfe, the King's fon, no Challenge Peremptory is allowed. 3 3 H. 8 Chamberlain, (13 E. I.e. 41. 17 J?. 2. c. 16) To 3 J. Rrtefcue faith, That a Prifoncr in this Cafe whofe Office it efpecially appcrtaincth to look to may Challenge thirty-five Men, cap. 27. but that the King's Chambers and Wardrobe, and to go:
.

vern

H
perty

C_H
Champerty, for Champerty is but a Species of tenance, which is thcGfww*. The Word

vcrn the Under-Scrvants belonging to the fame. Fteta, lib. a. cap. 6, 7. Chamberlain of any of the King's Court*. 7. E. 6. u Chamberlain of the ExcheH. 3. Slat. 5. 10 E. 3 1 1. 14 E. 3. 14. 2<$ H. quer. 51 8. 2. Chamberlain of North-Wales ; *<>/ 641. CfciwiChamberlain of Chtfter. Cromp. fur. fol. 7. This Officer is commonly the 4?r/.7/n of London. Receiver of all Rents and Revenues belonging to Vide Tleta, that City whereto he is Chamberlain. To the Chamberlain of Chefter, when lib. 2. cap. 70. there is no Prince of Wales and Earl of Chefter, belongs the Receivingand Returning of all Writs, coming thither out of any of the King's Courts. The hat. Word feemeth to exprefs the Function

MainCham;

^.

becaufc the Parties

the

feems very fignificantly to derive it ll-lf from Cambus, a Field, and Partttio, a Dividing
in

Champerty agree to divide

Thing

in difpute.

fe, vel pet alios pla.ita movent, vel movtri faciunt, &* ea fuii flimptibus brofequuntur ad campi partem, vel pro E. 1. Stat. 2. Artie, parte lucri habenda.

CI)Amnrrf02ff, Vel campi Participes, funt qui per

33

Chart, cap. u. Alio it was ordained Stat. 33 H. 1. confirmed by 37 H. 8. 7.

fupcr

of this Officer

for Camerarius dicitur a camera,

i.

C.

in eaTefiudine five fornice, quia cuftodit petunias qua rner's! prtcipue refervantur. Onuphrius dc interpret, voc. Ecclcf. It feemeth to be borrowed from the

Feudifts,

who

define the

Word Camera

thus

Statutes made and provided touching Champerty, Maintenance, &>c. Termes de la Ley, fol. 114, 115.

by the The Jufticcs of Peace, at their Qiiartcr-Selfions, fhould have Authority as well by Oaths of twelve Men, as by the Information of any other Perfon, to enquire of the Otfendors and Offences againft the

Laws and

vel conquern thefaurus colligitur, clave in quo pecunia refervatur : Zafius de FeuJis. par. And Peregrinus de jure Fifci, lib. 6. Tit. 4. num. 7. faith, That Camerarius, vel Chambcrlingus 3. in rebus fifci pri{quern Quaftorem antiqui appellarunt) locum tenet, quia Jhefaurarius 6f> cufios eft pubThere be two Officers of this lic* pecunia. who were wont to keep in the

Camera

locus in eft

Champion, (Camph) is taken not only for him that fights the Combat in his own Cafe, but for him alfo that does it in the Place or Quarrel of
another.

who

Btaffon, lib. 3. traff. 2. c. 21. numb. 24. alfo feems to ufe this Word for fuch as held

mum

Name Homagium
:

of another by feme Services; as, Campiones faciunt Domino fuo, lib. 2. cap. 35. Hottoman,
de verbis feudalihus, defines it thus, Campio eft Certator pro alio datus in duetto, a Campo diBus, qui circus erat decertantibus And therefore it
definrtus.
is

King's Exchequer, a Controulment of the Pells of Receit, and Exits, and certain Keys of the Treafury and Records They kept alfo the Keys of that Treafury, where the Leagues of the King's Prcdeceflors, and divers aftcient Books, as Dome/Jay, Black-Book of the There is Mention of this OfExchequer, remain. There ficer in the Stat. 34 &> 35 H. 8. tap. 16. be alfo Under-Chamberlains of the Exchequer, for which fee in Under-Chamberlain.

See Combat, and Sir Edward Camfight. ByJJhe's Notes uponUjMo> where fol. 36, you will find, that Henricusde Fernbureg^ for 30 Marks FeCj did by a Charter under the Seal covenant to be Champion for Roger, Abbot of Glajlonbury. Anr.e 42 H. 3. Sec 3 Inft.f. 221. And here it may not be improper to mention Chamber! aria, Cfcwiwk3w'a,Chamberlainfhip, a few Things concerning Champions, which I find or Office of Chamberlain.Commifimus Civi noftro in ojur Law Books and Hiftories, viz. they were Williclmo Joyner Cbamberlariam noftram London. ufually hired, and therefore they were accounted Pat. 7 H. 3. Brady Hift. Angl. Append, pag. 168. infamous Perfons. BraSon, Lib. $.c. 18. Jcrem.del Ho &" Radulphus de Coggcfhalc, Nunc caput in mortem vendunt, & funus arena. tenent feodum del Ho in Rivandule per fervitium Chamberlangerix, in Com. Devon. Anno xi U. 3. Monks, Ecclcfiafticks, and generally any PerTenures, p. 48. <UiambtT3 Of rhe feinn, (Regit Camera,) the fon might hire them, except Parricides, and Havens or Ports of the Kingdom, fo called in our thofc who were accufed of very great Offences but Churchmen were firft to have Leave of Records. V. Mare Claufum, fol. 242. al" Champerti, Sccm- the Ct)tnilV?rtPi (Cambi partia) Bifhop. Before the Champion came into the Field, he eth to come from the French Champert, VeSigal ; and fignifieth in our Common Law a Maintenance was to (have his Head, and make Oath that he of any Man in his Suit depending, upon Condi- believed the Perfon who hired him was in the tion to have Part of the Things (be it Lands or Right, and that he would defend theCaufe to the Goods) when it is recovered. F. N. B. fol. 171. utmoft of his Power ; which was always done on This feems to have been an ancient Grievance in Foot, and with no other Weapon but with a Stick our Realm ; for notwithstanding the Statutes of or Club, and a Shield. And before he engaged 1. II. 32 E. 1. with his Adverfary he always made an Offering 1. 25. 15 E. 1. 49. 28 E. 3 E. Stat. 2 Gc 3 and 1 R. 2. cap. 4. and a Form of a to the Church, that God might affift him in the Writ framed unto them ; yet Anno 4 E. 3.. 11. it Battle. The Punifhment of a Champion overcome in was again enacted, That whereas the former Statute provided Redrefs for this in the King's Battle, and likewife of the Perfon for whom he If it was the Bench only, (which at the Time followed the fought, was various Champion of a burnt, and the Champion Court) from thenceforth it fhould be lawful for Woman, ftie was If it was of a Man, and not for a the Jufticcs of the Common Pleas likewife.and Ju- hanged fticcs of Aflifes, in their Circuits, to enquire, capital Crime, he not only made Satisfaction, hear and determine this, and fuch like Cafes, as but had his Right Hand cut off ; and the Man well at the Suit of the King, as of the Party. was to be clofe confined in Prifon till the Battle How far this Writ cxtendcth, and the divers was over. Forms thereof applied to feveral Cafes, fee in C tampion Of thP l^tnc, (Campio Regis), whofc F.N.B.f. 171. Reg. Orig. f. 183. and the New Office is at the Coronation of our Kings to ride Book of Entries, verba Champerty. Every C/>.rm- into Weftminfterball, armed Cap-a-pe, when the Maintenance. Cromp. j^ur. fol. 39. King is at Dinner there, and throw down his perty implicth Sec alfo Cromp. Jufticc of Peace, fol. 155. 4. />ar. Gauntlet by Way of Challenge, pronounced by But every Maintenance is not a Herald, That if any Man fhall deny or gainfol' 208.
;

called

Inf.

fay

Title to the Crown, he fay the King's

is

there fore there might, and hath been.

I
I

Yet fee Keeper.

Combat, &V. Which See Fteta, lib. 1. cap. 12, 13. and dke's 4 In/lit. drinks to him, and fends fcl. 78, 70. Divers inferior Officers are alfo calbeing done, the King him a gilt Cup, with a Cover, full of Wine, led Chancellors as, which the Champion drinks, and hath the Cup for Ctjancello? in Carlieoial Churchy. His Office
ready to defend
it

in Tingle

his Fee.

is

This Office (ever fince the Coronation of King Richard the Second, when Ealwin Frevik exhibited his Petition for it) was adjudged from him to

in

thus defcribed in the Monafticon, 3 Tom. pag. 24. the Statutes of Litchfield, viz. whether he is

from Marmicn), as producing better Records and Evidence; and hath continued ever fince in the worthy Family of Dymocke, who hold the Manor of Scrivelsbury in Lincolnjbire, Hereditary from the
Marmions, by Grand Serjeanty, viz. That the Lord thereof fhall be the King'* Champion, as aAcbovefaid. Camd. in part. Fin. Mich, i H. 6. this Ofcordingly Sir Edward Dymocke performed fice at the Coronation of his Majefty King Charles the Second, 23 April 1661. Cometh of the French Cljiiiicelio;, CanceUarius, Vincent Lupanus de Magiflratibus Chancelier.

Sir John Dymocke, his Competitor, (both claiming

or not, his Duty is Leffiones legendas in Ecclejia per fe vel per fuum vicarium aufcultare, male legentes emendare, fcholas conferre, jigilla ad caurcfident,

fas conferre, literas capituli facere conftgnare, libros fervare, quotiefcunque voluerit prddicationes in Ecclejia vel extra prtdicare, P cut volxerit prxdica-

&

Ecclejiam

tionis

officium ajjignare.

Ibid. p. 339.

Chancellor of tlje utcl)P of Lancaftcr, {Anno 3 Ed. 6. cap. 1. and Anno 5 ejufdem, c. 2<J.) whofe Office is principally in that Court, to judge and determine all Controverfies between the King and his Tenants of the Dutchy Land, and otherwife
to direft all the King's Affairs belonging to that

Court.

Chancellor of tl)e arrch,equcr. {An. 25H. S. c. i_6\) Francorum, faith, That CanceUarius is no Latin whofc Office hath been thought by many to have it been created for the qualifying Extremitiesin the Word, though he citeth Lat. Writers that ufe With him agreeth Petrtts Fithtus. lib. 2. Adverfa- Exchequer: He fits in the Court, and in the ExcheAnd whereas Lupanus would de- quer-Chamber ; and, with the reft of the Court, riorum, cap. 1 2. He is rive it from the Verb Cancello, Pithaus thinks he orders Things to the King's beft Benefit. hath fome (though not fufficient) Colour for his always in Commiffion with the Lord Treafurer it from Cancelii, for letting the Lands that came to the Crown by Opinion and therefore derives an inclofed or feparatcd Place, a Chancel or the Diffolution of Abbies, or otherwife ; and Place encompaficd with Bars, to defend the hath, by the Stat, of 33 H. 8. c. 39. Power with other Officers from the Prefs of the others to compound for the Forfeitures upon PeJudges and CanceUarius at firft, as Lupanus thinks, nal Statutes, Bonds, and Recognizances, entered People. the Rcgifters in Court ; Grapharios, foil, into to the King ; he hath alio a great Authorifigmfied dant ope- ty and Jurifdiftion in the excipiendis judicum all is confribendis Manage and Difpofe of qui But this Olficer in late Times is greatly the Royal Revenue, and concerning the Firftrant. advanced, not only in our, but in other King- Fruits, as appears by the Acts for uniting them doms ; for he is the chief Adminiftrator of Juftice, to the Crown. next to the Sovereign. All other Juftices in this CljanceHo; of tfie S&mx of the (Barter. Stow's
: ; ;

&

are tied to the Law, but the Chancellor Annals, p. 706. Chancellor of the Universities, an. hath the King's abfolute Power to moderate the 9 H. 5. c. 8. and Anno 2 H. 6. c. 8. Chancellor of written Law, governing his Judgment by the the Court of Augmentations. 27 H. 8. c. 27 Law of Nature and Confcience, and ordering all 32 ejufdem, c. 20. &" 33 ejufdem, c. 39. Chancellor bonum. Wherefore Staund- of the Firfk-Fruits. 32 H. 8. c. 47, Chancellor of Things juxta equum his Pr<erog. a 20. fol. 65.) fays, The Chan- Courts. 32 H. 8. c. 28. Chancellor of the Diocefe, fird (in cellor hath two Powers ; one abfolute, the other 32 H. 8. c. 15, gpc. anciently called Epifcopi Ec ordinary ; meaning, that though by his ordinary dicus. Power, in fome Cafes, he muft obferve the Form of Chance'tnetitcp, Signifies the cafual Killing of Proceeding as other inferior Judges, yet in his ab- a Man, not altogether without thejKiller's Fault, folute Power he is not limited by the written Law though without an evil Intent. Staundf. pi. cor. but by Confcience and Equity, according to the lib. 1. cap. S. calls it Homicide by Mif adventure, Weft. Circumrtances of Matter. And though Polydore Symb. par. 2. Tit. IndiBments , fed. 5. calls it an Alien, undertaking to write the Hiftory Homicide mixt. It is alfo called M.wf.aughter by Virgil, for which the Offender fhall have of England, fuppofed he did not miftakc when he "tjadventure, makes our William the Conqueror, the Founder his Pardon of Courfe as appears by the Statute of of our Chancellors ; yet our induftrious Antiquary, 6 E. 1. 9. But here is to be considered whether

Kingdom

&

his Error in the many of England long before that Time, which are mentioned in his Origines furidiciales, and Catalogue of Chancellors, whofc great Authorities under their Kings were, in all Probability, drawn from the reafonable Cuftoms of Neighbour Nations, and the Civil Law. He that bears this Magiftracy is called The Lord Chancellor of England, (which is the higheft Honour of the Long Robe,) being made fo Per traditionem magni Sigilli ftbi per Dominum Regem, and by taking his Oath. And by the Statute and Keeper have 5 El. c. 1 8. the Lord Chancellor one and the fame Power ; and therefore fince that Statute, there cannot be a Lord Chancellor and Lord Keeper at one and the fame Time ; but be-

Mr. Dugdale, can (hew us

Chancellors

he that commits this Manflaugliter by Chancewas doing a lawful Thing: For if the Aft were unlawful, it is Felony. As if two were fighting together, and a third Man comes to part them, and is killed by one of the two without any Malice fore-thought, or evil Intent in him
medley,

that killed the

Man

yet this

is

Murder

in

him,

and not Manflaughter by Chance-medley, or Mifadventure; becaufe they two that fought together were doing an unlawful Aft : And if they were met with prepenfed Malice, the one intending to kill the other, then it is Murder in them See Skene, de verb, fignif. verb. Mellctum, both. where he fays this in Scotland is called Chaudmelie.

Cljancerr,

H
and Limits of
,-.

C
9.

H
in the Stat. 14 Car.
1.
1

Clianffry, Cancel/aria, Is a Court of Equity and Confcience, moderating the Rigour ofothcr^ of Courts, that arc ftrifily tied to the Letter the Law, whereof the Lord Chancellor of EngCtomp. Jur.fol. 41. Or land, is the Chief Judge. 4 Elit. clfe the Lord Keeper of the Great Seal.
cap.

it.

Mentioned

-Capcllania SatiHi Ofwaldi, Mich. 32 E.

in Lat.

Coram Reg. Glouc Chaperon, (Fr.

mention'd

in the Stat.

Humeral* and Caputium,) R. 2. is the Hood anci-

18.

The
is

arc the Lord

Seal,

who

ently worn by the Knight* of the Garter, being Officers belonging to this Court, Part of the Habit of that Noble Order. Alio the Chancellor, or Keeper of the Great little Efcutchcon fixed in the 1 ore-head of t..e fole here ; the Matter of the Horfcs that draw the Herfe at a Funeral.

who CtiaptterjH, Capitula, comcth ot the French Rolls, (anciently called GarcUin des Rolls,) in the Lord Chancellor's Abfcnce heareth Caufes.i Chapltre, i. e. caput libri : It Signifies in our Coniand gives Orders. 4 Itijl. f. 97. Twelve Mailers of mbn Law a Summary, or Content of fuch Matthe Chancery, who arc Afliftants, and fit by Turns' ters as are to be enquired of, or prefented before on the Bench ; the fix Clerks, who hare each of: Juftices in Eyre, Juftices of Afjife, or of Pea.t, Seflions them about fifteen Clerks under them, in Nature in their Sefiions: So it is ufed Anno 3 E. 1. cap. Words, of Attornics in the Court ; two Chief Examiners,' 17. in thefc Words. 2JnQ tijar no Cluft Of &ns> who have five or fix Clerks a-picce; one Chief 3it(Qicf, (Cfcljfator, oj Coninrffioner* in v;t, or five Deputies ; Wall tafce String iai orlioirmj Chapiters, Regiftcr, who hath ufuallyfour the Clerk of the Crown ; the Warden of the Fleet, but only ancrh* of JufliceB in rljpir 4.1 .mi: the Uflier, Serjeant at Arms, and Crier of the And again Anno 13 E. 1. cap. 10. in thefts Words, Court ; the Curfitors and their Clerks; the Clerks 31 no Uitjtn tie a.,me romrrlj tin st\>i\a\u U)..u of the Petty- Bag; the Clerk of the Hanaper ; certify tlje Chapiter* before tlje 3,uttice0 <tcrtt, the Controller of the Hanaper ; the Clerk of hoto many cUinte he iiarft, anon la", &c. Britthe Scaler, ton alfo ufeth the Word in the fame Senie, cap. 3. Appeals ; the Clerk of the Faculties ; the Chafe- Wax ; the Clerk of the Patents, Clerk Chapters, or Capitula, be now called Articles molt of Prcfentations, Clerk of Difmiflions, Clerk of ordinarily, and arc delivered as well by tnc Licences to alienate, Clerks of the Enrolments, Mouth of the Juftice in his Charge, <s by the Clerks of the Protections, Clerks of the Subpoe- Clerks in writing to the Inqucft ; whereas in anfee de- ticnt Times, as appcareth by Bralfon, and Britna's, Clerks of the Affidavits, &c. Which fcribed in their fevcral Places. See Coke's 4 Injl. ton, they were, after an Exhortation given by the Juftices for the good Obfervation of the 82. fol. Is an Officer belonging to the King's Laws, and the King's Peace, firft read diftinctly CljangfT, Mint, mentioned in the Statute of 2 H. 6. cap. and openly in the whole Court, and then deli12. where it is alfo written after the old way vered in Writing to the Grand Inqucft ; which to exchange the Grand Jury or Inqucft were likewile to anCbangour, whofe Bufinefs was chiefly Coin for Bullion, brought in by Merchants, or fwer upon their Oaths affirmatively and negatively, and, not as they do now, put the Judges
j
(

Judge

my

...

Cfjantrp. See Cbauntry. Cljapel, Capella, Comcth from the French (others. two Sorts, CbapeUe, that is, JEdicula ; and is of cither adjoining to a Church, as a Parcel of the fame, which Men of Quality build, ut Ibidem Familiarta Sepulchra Jibi conflituant ; or clfe feparate from the Mother- Church, where the Parifli is wide, and commonly called Cbapel of Eafe, becaufc it is built for the Eafe of one or more Parifliioners that dwell too far from the Church

make long and learned Charges to little or no Purpofe, who not rcmembring the Tranfgreffors, agamft the Defign of thofe Articles, do think their
to

Oaths and Duty to God and the King, and their Country, well enough performed, if they only prefent thole few, of many more, Mifdemeanors, which are brought unto them by Way of Indictment. The lame Order of Articles, Lambard willies might ftill be obferved. Eiren. lib. 4. cap Home in his Mirrour of Juftices 4. pag. 393.

and ferved by fome inferior Curate, provided at calletn them Articles, and exprcfleth what they the Charge of the Rector, or of them that have were wont to contain, lib. 3. cap. de Articles in An Example of thefe Chapiters or Articles, Benefit by it, as the Compofition or Cuftom is. Eyre. Whence the Word is derived, the Canonijls differ you have in the Book of Affifes, fol. 1 38. num. As alio in Roger Hoteden, parte pofier.fuor. in Opinion, neither will we trouble our l'elvcs a- 44. bout it, fincc it makes not much to our Purpofe. Annul, in Ricbardo Prima, fol. 423. There is a Free Cbapel, which feemeth to be fuch Cfjaplain. See Chapellain. as hath Maintenance perpetual, towards the UpCljapttr, Capitulum, Signifieth in our Common holding thereof, and Wages of the Curate, by Law (as in the Canon Law, whence it was borfome Lands charitably beftowed on it, without rowed,) Congregatinem clerlorum in Ecclefia Cathethe Charge of the Re&or, or Parifli. 37 H. 8. dral'/, conventuals, regulars vel collegium ; and in c. 14. another Senfe, Locum in quo punt communes traccap. \Aru I.E. 6. Is he tatus collegiatorum. It hath other Ctjiv<i nam or Cl)aplflin, Capellanus, Significations, that performeth Divine Service in a Chapel ; and though not worth the Repeating in this Place, it is ufed moft which therefore in the Common Law, you may read in Lyndcwode'i Provin talis ordinarily for him that is depending upon the Glcff. in ca. Quia incontinentia, de conliitutionibus King, or other Man of Worth, for the In- verb. Capitulum. Such a Collegiate Company is ftru&ing him and his Family, to pray and metaphorically termed Capitulum, that is, a litin his private Houfc, where commonly tle Head, for fuch a Corporation is a Kind of preach they have a Cbajelhr that Purpofe. Sec 2t H. 8. Head, not only to rule, and govern the Dioit is fet down what Perfons 13. where may ccfe in the Vacation of a Biflioprick, but alfo in or more Chaplains , to difconprivilege one many Things to advife the Biftiop, when the tinuc from their Benefices for their peculiar See is full, Panormitan. in cap. Capitulum extra de
-

Service

Reftriptis.

Ad

Ledicatior.es,

ad

Syncdos,

ad Capitula
Confeff.

Cliapelry (CaptlLwia) is the (lime Thing to a venientibus a Church, i. e. the PrecinS cap. 3. Cbapel, a* a Parifli to

fit

fumma

Pax.

LL. Edwardi

Charta

C
'area,

H
&
Man, a
Cbriftian,

CH
a
Soldier,

Charr, Carr, or Cart.

and a King.

And

yet

Agnes prxfatus Johannes cum carris fuls de c&tero aliquem ingreffum babeant, tantum tres chareas annuantc eftoverium bofchU niji Cartular. Abbat. Glafton. tim, ut pr&diclum eft.

Cotiv. tradant Jo- the next Year he invaded the Rights of the Peout pradiiii Abbas hanni Qp Agneti uxori fuc, ac hxredibus fuls tres ple. And at length the Barons took up Arms, at the Battle of Lewes in charcas clauftur* de fubbofco fuo annuatim per libera- and beat his Suftionem Ballivi vel Pr&pofiti Itaque nee fex, and took him and his Son, Edward I. PriloBut the Prince efcaping, he beat the Bauxor in pr<ed. bofcum ncrs. &=

Conceffum

eft

Army

'

rons in a Battle at Evejliam, and reftored his Father to his Royal Dignity. And then the

MS.

f.

91. a.

Cljargf .
CfyarttS.

See
the

Wood when
Pit-coal,
is

Chapiter.

charr'd

is

Char-coal; charked in
Coke.

when

fo

properly charred or
is called

Worcefterfhire

called Charks, as the

Sea-coal fo prepared about

Cfiarcilare,
i.

New
;

Caftle,

e.

To

dance

Cogens quampluri-

mns

viros

p mutteres

Anglicos

mixtim Charolare

nudos Qp pfallere

ante fe.

See Mat. Weftm. Anno

King, though Conqueror, confirmed this Charter, and the Charter of the Foreft, in* the Parliament of Marlbridge, in the 5 2d Year of his Reign, and died afterwards in Peace. And his Son Edward I. not only confirmed thefe Charters, but in the 25th Year of his Reign he made an Explanation of the Liberties and Privileges therein granted to the People ; and added fome which were new, and are called Articuli fuper And thus Magna Charta was then conChartas. firmed, and more than thirty Times fincc. See

1305. of Ctyatre Of KleaD, A Charre ef Lead confifts Stone wantPigs, each Pig containing fix thirty twelve ing two Pounds, and every Stonq being Pounds. La Charre de plumbo conftat ex 3ofotinellis & qualibet fotinella continet6 Petras, exceptis duabus Petra conftat ex 12 libris. Affifa libris, qmlibet de ponderibus Rob. 3. R. Scot. cap. 22. feet. 2. Cljarta, The Word was taken not only for a Charter or Deed in Writing, but any Signal or Token by which an Eftate was held. As

Magna

Charta.

own Defence.

Jjarta l&aroonationis fee oefenoentio, Is the Form of Pardon, for flaying another Man in his

&

Reg. Orig. fol. 287. J-arfa ^aroonatioms ailtlauar'a:, Is the Form of a Pardon for a Man that is Outlawed. Reg. Orig. fol. 288, 388. Cljattf, Charta, Paper, Parchment, or any Thing to write on ; alfo a Card which Mariners ufe at Sea, mentioned 14 Car. 2. See 33.
cap.

Charter.

Nigelli tenuit cuftodiam forefta de Rege per unum cornu quod charta prtdiB* fo'efte. Paroch. Antiq. p. 73. eft C)arta jjjja^na contains feveral Privileges and Liberties which were granted to the Church and State by Edward the Confeflbr, and lbme which were granted by Henry I. but thofe were only reLaws which were impofed lating to the feudal on the People by William I. fo that nothing new
ftlius

Willielmus Bernwode,

de Domino

Letter of Defiance, or Cljartef, Challenge to a Duel, in Ufe heretofore, when Combars were in Practice, to decide ditncult, and not otherwife to be determined, Controverfies in

Law.
ftrumenta

Charffr, Charta, French Chartre, that is, InIt is taken in our Law for written : jEvidence of Things done between Man and Man; whereof BraHon, lib. 2. cap. 16. num. 1.

faith thus, Fiunt aliquando donationes in fcriptis, was added by him. feu King Stephen and King Henry II. confirmed the chartis, ad perpetuam rei memoriam propter brevem Magna Charta of Henry I. and Richard I. took an hominum vitam, &>c. And a little after, num. 12. Oath at his Coronation to abolifli all evil Cu- Et fciendum quod chartarum, alia Regia, alia priftoms, and to obferve all juft Laws ; which was vatorum, & regiarum alia privata, alia communis &P an implicite Confirmation of the Charter it alia univerfalis. Item privatorum alia de Feoffamento
felf.
:

puro &> fimplici, alia de Feoffamento conditionali,

&

King John took the like Oath But a Diffe- fecundum omnia genera Feoffamentorum fieri poteft. Item, rence arifing between him and Pope Innocent III. privatorem alia de recognitione pura vel conditionalis.
concerning the Election of an Archbifhop of Item alia de quiete-clamantia ; Item alia de confirmahe was for the moft Part of his Reign tion, Sv. and fo through the whole Chapter. Canterbury, embroiled in Wars both at Home and Abroad ; Britton likewife in his Thirty-ninth Chapter, at length at Roningmede (a Place between divideth Charters into the Charters of the King, 'till Charters of the Windfor and Stanes) he confirmed the Charter ; and Charters of private Perfons and foon after broke it ; and thereupon the Ba- King, are thofe whereby the King pafleth any rons took up Arms again ; fo that his Reign end- Grant to any Perfon or .more, orto any Body ed in Wars, and Henry III. an Infant, fucceed- Politick, as a Charter of Exception, that a Man cd; in whole Reign it was feveral Times con- fliall not be empanelled upon any Jury. KitchinA firmed, and as often abrogated, even after the fol. 114, fol. 177. moft folcmn Engagement to obferve it. As for Charterer, So in Cheftnre they call a FreeholdInftancc In the 37th Year of his Reign he came er. Ex pet. Leg. Antiq. p. 356. to Weftminfter-Hall, and (there in the Prefencc Crjartfr Of #arDon, Whereby a Man is forof the Nobility, and of the Archbifhop and Bi- given a Felony, or other Offence committed afhops in their Pontifical Habits, with lighted gainft the King's Crown and Dignity. Ero. Tir. Candles in their Hands) the Charter was read, Charter of Pardon. the King all that while laying his Hand on his darter of tfotftt, wherein the Laws of the Brcaft; and when it was read, the Bifhops ex- Foreft are comprifed, Anno 9 3. Cromp. fur. tinguifhed the Candles, and threw them on the fol. 147. Pupilla oculi, par. 5. cap. 22. Manwood, Ground ; and every one faid, Thus Ut him be ex- par. 1. of his Foreft Laws, fol. 1. where he fetand ftink in Hell, who violates this Charter. teth down the Charter of Canutus, and fol. 11. tinguished, Then the Bells rung, as a Sign that every one re- where he fets down that which was made 9 H. 3. and approved what was done. And the with the Charter of the which we ufe. joiced, Foreft King himfelf faid, So help me God; I will faithfully Skene faith, That the Laws of the Foreft in Scotand inviolably obferve all thefe Things, as I am a land do agree, de verb.ftgnif. verbo Vcnifon. Char:

&

te r

C
m
call

H
Of
theft Charters

C
you Domina.
1

H
quafi

That which we only a larger Compafs, and more Store of Game, todem titulo. of Lrnid. Brooke, a Charter, the Lombards, in libris Feudalibus, but of Keepers alfo and Officers. Sec Foreft. verbo Pr*CI) litlLiuit a Noble-woman ; caltelli call Pr*cept;onem. Hottoman,
PrxceftHm, ceptum in verbo feudalibus.

hare alfoa longDifcourfe

in Fleta, lib. 3. cap.

4.

djatcl*. See

Catals.

who cxpoundcth every

Deed

fubftantial

Part
Sc.c

of

ot Gift particularly in Order. Charta.

Magna

quart frumenti annua proveniunt de nobis in capileper fervitium

Et quod tarn pr*d. viginti virgat* CljaUUipert, eria tent, quam ten* unde diBa quaterviginti

fuch as vocatum Chaumpcrt. Vid. undecim* garb* nobis per Cljarfcr*1CanD, Terra per Chartnm, Is Man holdcth by Charter; that is, by Evi- manus tenentium tenarttm earundem annuatim folvtndence in Writing, otherwife called Freehold, Anno di tcnentnr. Pat. 35 Ed. III. Pat. 2. m. 18. Hofa

19H.
in

7.

cap. 13.

and Kitcbin,

fol.

8$.

And

thefc pital. de

Bowes

infra infulam de

the Saxons
in his

Lamb,

bit, amittere debet Chaunderium brafii valorem ad modious and eafy Conditions than Folkland was ; voluntatem BaUivorum. MS. de legibus libcri Burgi that is, Land held without Writing; and the villae de MontgomeryRcafon is, becaufc that was Hereditaria, libera CljclUtUer, Cantatir, A Singer in the Quire. whereas fundus fine fcripto cenfum 13 Eliz. c. 10. At St. David's in Pembrokejhire, the atque immunis, annuum atcjue Ofticiorum quadam fervitute Chaunter is next the Bilhop, for there is no Dean. penfitabat viri plerunque nobiles atque in- Camb. Britan. eft obligatus ; priorem &P pagan's pojftdebant. genui, pofteriorem ruftici fere CllflUntrp, {Cantaria,) JEdes facra ; ideo inftituta chartam Sf dotata lUam nos vulgo Freehold per prtdiis, ut M'iffa ibidem Cantaretur pro banc ad voluntatem Domini appellemus. Thus far anima fundatoris &P Thefe were propirtquorum ejus. Mr. Lambard. ufually little Chapels, or particular Altars, in Cl)arterparf p, Charta partita, a Deed or Wri- fomc Cathedral or Parochial Church, and endowis only a Pair of Indentures among ed with Lands, or other Revenue, for the Mainting divided, Merchants and feafaring Men, containing the tenance of one or more Priefts, to officiate as aCovenants and Agreements made between them bovefaid. Mentioned 37 H. 1. cap. 4. 1 Ed. 6. and maritime Aftonching their Merchandize cap. 14. and 15 Car. 2. cap. 9. Ot thefe Cbauntries fairs. 52 H. 8. 14. 12 Car. z. c. 18. Latches Rep. there were forty-feven belonging to St. Paul's Ballo's Cafe, and 2 //?. 6"37. Church in London ; for which fee Mr. Dugdale's f. 225. Clnrfi* reBDrnDitf, Is a Writ which lies a- Hiftory of that Church. Sciatis quod ego Regihim that hath Charters of Feoffment, de- naldus Suard dedi Wiliielmo Crumpe Capellano\ gainft him to be kept, and refufeth to deliver Cantarix beat* Mari* de livered Tarpol unam par.ell.im pathem. Old Nat. Brev. fol. 66. Orig. fol. 1 59* Dat. apud Leominftre die Martisprox. poft flura, &>c. Word Chate, Chacea, Cometh of the French Feftum Sanili Hillarii, Anno 7 H. 6. Belluas : It fignifies in the Chaffer, that is, SeBari CI)atmtnI8rnt!5,(22 Car. z. cap. 6.) are Rents Common Law two Things, Firft, As much as to the Crown by the Servants or Purchafcrs in the Civil Law, that is, a Driving of paid Actus of Chauntry-Lands. a. Di Cattle to or from any Place, as to chafe Concefferunt Cl)aua, Manchet, white Bread. ftrefs to a Fortlet. Old Nat. Brev. fol. 45. Se mihi Jtngulis diebus vit* me* unum fimenellum de for a Place of Receipt for * l. conaiy, ., ,. unum furum mtchum &> unum galonem de f y* IChaus, ' *,. Deer, and wild Beads, of a middle Nature, be f r -. . ' ' -d 1 l mm l \^rAcerevifta conventus,CP ahum de cervifia mixta. CartuJ i a Foreft and a Park, being commonly lels tween f MS. f. 103 Rading.

Terra ex

fcripto,

which Explication of Saxon Words, verb. faith, was held with more comcalled Bockland

Time were

Ct)aunce*mtDiiJ>. CljaimDCria.

Guernefey. Sec Chance medley: Et fi cerviftam putidam

&

brafta-

&

&
.

en.

Cl)atou?en of

Sbuiaals

dron. and yet of a larger Compafs, and Juftice-feat ; Chrcft'KoII is a Roll or Book containing the ftored with greater Diverfity both of Keepers Names of fuch as are Attendants and in Pay to and wild Beafts or Game than a Park. And the King, or other great Perfons, as their Houfehis JurifdiBions, f. 148. faith, That a Cropmton in hold Servants. Anno 19 Car. 2. c. 1. It is otherForeft cannot be in the Hands of a Subject, but it wife called the Cbeauer-Roll, an. 24 H. 8. c. 13. an. forthwith lofeth the Name, and becometh a H. 7. c. 13. and feems to be a Word abftracted he faith, That a Subject may 3 Chafe yet/0/. 197. or derived from the Exchequer ; which fee. Clerk of be Lord and Owner of a Foreft, which, though it
;

feems a Contrariety, yet are both his Sayings in fome fort true for a King may give or alienate a Foreft to a Subject, yet fo, as when it is once in a Subject, it lofeth the true Property of a Foreft, becaufc that the Courts, called a Juft'ue-feat, the Swainemote, and Attachment forthwith do vanifti none being able to make a Lord Chief Juftice in Eyre of the Foreft but the King, as ManwoodvteM fheweth in his Foreft La<u/s, ca. 3 6" 4. and yet it may be granted in fo large a Manner, that there may be Attachment and Swainemote, and a Court equivalent to a Juftice-feat, as appearethby him in the fame Chapter, num. 3. So that a Chafe differeth from a Foreft in this, becaufc it may be in the Hands of a Subjeft, which a Foreft in its proper and true Nature cannot ; and from a Park, in that it is not inclofed, and hath not
;

the Cbeik, fee in Clerk.

Cljerkereni IBannf, Cloth chequered, or vaHenricus Prior Qp riegated in the Weaving.

Conv. Eccle. Chrifti Cant, conftituunt Raymundum Fillum Raynoldi Procttratorem Mercatorem fuutn ad emendum fingulis annis ducentos pannos quos Frifones alii plani;@P vocant, unde triginta trunt Chekerelli,

&

&

quilibet pannus &= in latitudine

continebit in longitudine

ulnam unam
3.

quatuor & dimidium ad minus.

ulnas,

dat. 13.

Rul. Sept. 131

Ex

Cantuar.

MS.

Regiftr. Eccl. Chrifti

Cl)fltnO:a, a Sort of Ship. Obligavit fe imperator ad 100 Chelindras & 50 Galeias ducendas ultra mare- Mat. Parif. Anno 1238. See Canonium. CtiflniSfO(!0. Cljcmtn. See Cbimen.

Cljcnce,

See Amabyr.
Cfjfn.

(Ehfnftr*,

Mentioned 27 H.

8.

c.

7.

are fuCh as

lam

in his

H.

7.

pay Tribute or Cenfe, Chief-Rent or Quit- Rent, for fo the French Cenjier fignifies. CI)eo;IfiS JBerOmg, the Curtilage of a Countryman or Clown. a Sort of Tribute. Cl)ercf)i3, Sec Cburcheffet. CljCrier. Cljerfettim, Any cuftomary Oblation paid (at firft perhaps in lieu of Church-feed or Corn) to

commonly ufed
tract.

But in our Statutes it is moft for an unlawful Bargain or Con8. 3.

As 37 H. 8. cap. 9. 13 El. ca. 5, 12 Car. 2. cap. 13. In Rot. Pari. 21 Ed. written Cbeevances.
the

and
it is

Chebiti* and ChfUffras, (Cbevez) Hades at End of plowed Lands. Novem acras ten*, cum Chevifcis ad ipfas Mon. pertinentibus. Angl. 2 par. fol. 116. and Pat. 9 Ed. 2. Par. 2. Inter fer- m. 2. the Parifli Pricft or Appropriators See Capite. vitia confuetudinaria Tenendum in Blebury de Dominio Cljtef. Conv. Rading. Et folebant dare CherAbbatis Cl)iefag. See Chevage. Cartular. fetum //'/. tres galiinat Of unum gallam. Cljlf f plebgf, (Plegius, vel vas eapitalis). 20 H. 6. cap. 8. For the better Underltanding of this Rading. MS. /. 121. Word, fee Borow-bead. Cl)efier. See Beva. CljllDtoit, Sax. fignifies a Power to take a Cfjfbacte, (Cbevagium, from the Fr. Chef, v. e. Sum Fine of a Bond-woman, unlawfully begotten Caput, Cenfus Capitis) fignifies a Tribute or of Money formerly paid by fuck as held Lands in with Child. Prior babeat Gerfumam de Nativa fua Ac- imprAgnata fine licentia maritandi. Ex Regiftro Villenage, or otherwife, to their Lords in knowledgment , and was a Kind of Head or Poll- Priorat. de Cokesford. Every reputed Father of Money ; whereof BraRon, lib- 1. c. 10. fays thus ; a bafe Child, gotten within the Manor oiWrittel, in Com. Effex, pays to the Lord for a Fine Cbevagium dicitur recognitio in fignum fubjeRionis 3 s. 4 d. It feems alfo to be ufed for where it feems to extend as well to Free as BondBominii de capite fuo. a Sum of Money, yearly given to a Man of Pow women ; and the Cuftom is there yet called Cbild-

&

&

er, for his Countenance and Protection, as to ; wit. Quicunq; illam culpam fecerit, vo.at. Childwit, their Chief Head or Leader. Lambard (lib. Z. c. y\Arcbiepifcopus aut totam aut dimidiam emendationit babebit Eirenarcb.) writes it Cbivage : We now call it partem quietum ejfe de Childwit. Du apud Walks Chevagii genus 91W , Cange. Cbiefage. Eft XmSLtift vocant, Principi fVallU pro maritandis flia-\ Ct)imin, French Chemin, Signifies in Law Phrafe bus, dim ab omnibus {ut afferunt) hodie a quibuf-la. Way : It is divided into two Sorts, The King's dam (etiam libtris) perfolutum, fays Spelman on Highway, and a private Way. JCtcbin, fol. 35. the Word Cl;tianjutn. Sec Coke on Littl The King's Highway, Cbiminus Regius, is that by which the King's Subjects, and all under his Profol. 140. That 'tis taken for a Sum of Money appears in tection, have free Liberty to pafs, the

&

a Charter of H.

3.

Mandatum

eft

quod prtdiRum

ftftum SanBi Edtvardi vice Regia teneant &P folenniter celebrent adcufium (the Cofts) Regis Capitagium Regis &Regime, &Fc. Du Cange, Additiones.

private is that, by which one more have Liberty to pafs,. either by The Jews, (whilft they were admitted to live Prefcription or by Charter, through another in England) paid Cbevagium or Poll-Money to the Man's Ground. And this is divided into Chimin in King ; as appears by Pat. % Ed. 1. par. 1. m. 15. Grofs, and Chimin Appendant. Kitchin, fol. 117.

&

though Property of the Soil on each fide, where the Way lieth, may perhaps belong to fome private

Man.

Man

A Way

or

And

it

was

\d. for every

Softer, in datfmo.

Token of their

Head, paid yearly at Servitude. Stat, de Ju-

Cl}et)nfiii,

Loan or Advance of Money up-

on Credit.

Fr. Cbavarice, Goods, Stock.

Prioratus pene deftruRus, poffefiiones ftz ad plurimos terminos pro plurimis Chevanciis alienatx
exiftunt.

&

Idem

(Mon. Angl.

Are mortgaged out for Debts, or Sums of Money borrowed Rex Rever. in Cbrifto Patri W. Arcbiepfc. Cant. Nos fuper executkne effeflus predict" i ceperimus propofitum ad partes exteras perfonaliter tranfmeare ; &> Nos advertentes bujufmodi propofitum noftrum abfque Che1

Tom.

p.

629.)

i.

e.

poffe &> citius

vantia competenti ad optatum finem commode deduct non necnon qualiter diRa Chevantia quietius ac creditoribus in bac parte meliori fieri, noftris

& firmior
ad Pari.

in Grofs is that Way which a Man holdeth principally and folely in it felf : Chimin Appendant is that which a Man hath adjoined to fome other Thing or Appurtenant thereto. For Example, If a Man hire a Clofe or Pafture, and covenant for Ingrefs and Egrefs to and from the faid Clofe, through fome other Ground, by which otherwife he cannot pafs : Or Chimin in Grofs may be that, which the Civilians call Perfonal ; as when one covenanteth for a Way through another Man's Ground for himfelf and his Heirs: Chimin appendant, on the other Side, may be that which they call real; as when a Man purchafeth a Way through another Man's Ground, for fuch as do or fhall dwell in this or that Houfe, for ever, or be owners of fuch a Manor. See Co. on Lit.

Chimin

fe.uritas folutionum dart poterit.

5.

Summon

fol.

R.

56.

c.

<JLf)ebafia, (Cbetefcium,) the fame with Cbacea ; Donationes etiam fecit Abbati, V. de tota terra fua fol. arabili cum Chevefciis. Mon. 2 Tom. p. 629. a

CliiminagC (Cbiminagium) Signifies a Toll for Wayfarage through the Foreft. Cromp. Jurifd.
1

hfV>eilDuF,
Cbeveril.

young Cock or Cockling, a Mandatum efl Vicecom. Southampton.

quod

in balliva fua perquiri fadat ad opus Regis contra baliva fua, capiat Chiminagium aliquid in Baliva Et quadam Confuetudo vocat. inftans Pafcha ^uinquaginta gallinas &viginti Cheve- fua, &c. rfllos liberandos apud Clarendon Senefcballis Feudifts call it Pedagium. This in Pulton, 8. noftris.
fol.
linis

89. Telonium quod in Foreftis exigebant Foreftarii equis oneris caufa eo venientibus. Charta Forefhc, cap. 14. Nullus Foreflarius de cttero, qui non fit Foreflarius de Feodo, reddens nobis firmam pro
plauftris

&

The

Eodem modo fcribitur Vicecom. Wilts, de totgal- is falfly printed Cbimmage ; and in a Record in 8p tot Chevcrellis. Pat. 1 5 H. 3. the Tower I find Chimage. Cl)Euifanre, (Fr. Cbeviffance,) an Agreement or Ctymmagf, inter Reftormel Lefireithiel quonCompofition made ; an End or Order fet down dam adxiid. per an. MS. Survey of the Dutchy of between a Creditor and a Debtor ; or fometimes Cornwall.

&

taken for an indirect Gain or Booty.

Lord

Veru4^

Cljimneps

CI)imiiePs!3BnnCl>, Othcrwifc called Hearth- IChirographi confeffo vicifftm figilla noftra appofuimus. Fire-Hearth Mr. Kennet's Paroch. lit auAntiq. p. 177. Money, by 14 Car. 2. cap. 12. Every J and Stove, &c. (except fuch as pay not to Church \tem ijla conventio tuta&> inconcujfa perpetuopermaneat, and Poor; mall be chargeable with Two Shillings prefentis fcripti ferie e> mtriufaue Hi Monafterii fig. at Michaelmas and Lady-day to the teftimonio una cum figillis Abbatum inter per Annum divifo 1 and tot Chirographo Ibid. pag. sj}. coiifirmata eft. King, &c. Sec Smoke- Money, Hearth- Money, The Chirographs were called Chart* "Divift, ScripFuage. Place to ta per Chirographum dhifa, Chart* tihip, Cl)Pan, Clipping, figmfies the per Alphahetum be a Market-Town From the Sax. Ceapen, Cyp- divifx, as the Chirographs of all Fines are at this as Chippenham, Cheapfide, Qfc. Day. pan, Emere ; Cljirrjgrapljer Of jFinetf, Cbircgrafbus Fmium &> CIWPpl'W"? * reSius Cheapingavel, Toll for Cometh of the Greek ynilytoxzc: , (a Concordiarum, Buying and Selling. See Bagavel. A Compound of Jpfj Manns, ft Hand, and ypaw, attjirqemoff, mircpcmore or Chtrcfjgemot, Saxon Word Signifying Forum Ecclejiafiicum; Quo- Scribo, to write,) fo that in plain Englifb, it is ft inveniet vel amore con- Writing of the Hand; It Signifies in the Common ufque Chirgemotc difcordantes Leg. H. i. cap. 8. and Law, that Officer of the Common Pleas who invelfavefiret judicio.
I : 1

greget,

grofleth Fines in that Court, acknowledged into a or Scriptum Chirogra- perpetual Record, after they be acknowledged Inftrumcnt of Gift and fully palled by thofe Officers by whom they phatum) Signifies any publick attefted by the Subfcription and were formerly examined, and that writcth and or Conveyance, Crofles oi the prefent Witneflcs, and was in the dclivercth the Indentures of them unto the Party. Saxon Times called Chirographum, which being 2 H. 3. ca. 8. and fVeft. Symbol, par. 2. Tit. Fines, fbmewhat changed in Form and Manncrby the fc&. 114, &P 129. P. N. B.fol 147. This Officer

Inft.fol.

321.

Cfyiroftrapll {Chirographum,

wfts lay

this good ChirographoIngulph gives rum confeR'onem Anglicanam, qu* antea ufque ad Edwardi Regis tempora Fidelium prxfentium fubferiptionibus cum crucibus aureis aliifque facris fignaculis firm* Normanni conJemnantes Chirographadbrtrfuernnt, tas vorabant, Of Chartarum firmitatem cum cerea imfub inftilprejftone per uniiifcujufaue fpeciale figillum latione trium vel quatuor teftium adjlantium confrere Hift. Ingulph. edit. Gale, pag. 901. corftituebant. Anciently, when they made a Chirograph, or Deed,
.

them ftiled Charta. Account

Of which

maketh two Indentures, one for the Buyer, another for the Seller, and makes one other indented Piece, containing alfo the Etfcfc} of the Fine, which he dclivercth over to the Cuftos Brea lfo
v'tum, that is

of doth proclaim Chirograpber alfo, or his Deputy in the Court all the Fines every Term, according to the Statute ; and then to the Office

called

The

Foot

the

Fine.

The

repairing

of the Cuftos Brevium, there indorleth the Proclamations upon the Backfidc of the Foot thereof; and always kecpeth the Writ of Covenant, as al which required a Counter-part, as we call it, they fo the Note of the Fine. twice upon one Piece of Parchment ThoChit's A Shift, Shirt, or Shroud. cngrofled it a Space between, in which mas Cumberwortb Knight, of the Dioccfe of Lincontrary-wife, leaving the Word CHIRO- coln, his laft Will made in the Year 1450. thus they wrote in great Letters by and then cut the Parchment in two, provides for his Self-denying Funeral. Furft ; fometimes even, fomecimes with Indenture, thro 'the I gyff my Sawlc to Gode my Lord and my Rc* Midft of the Word, concluding the Deed with, demptur, and my wrcchid Body to be beryd i mutuo fcripti s pr<e- * a Chitte without any Kyfte, fi. e. Coffin') in the rei Incujus Teftimonium titraq; pars media figillum fuum fecit apponi. This North Ylc of the Parych Kirke of Someretby, fenttbus, fide was afterwards called Dividend*, becaufe the &c. Ex Reg. Marmadu.i Lumley Epifc. Line. Parchment was fo divided or cut. And the firft Crjiuagf . See Chevage. Ufc of thefe Chirographs was in Henry the Third s Cbrb'Mrr, (Servitium militare) Cometh of the Time. Sec Indenture. Chirograph was alfo of old French Chevalier, and (ignifieth in our Common Promittens fideliterfide me- Law a Tenure of Land by Knight's Service For ufed for a Fine. dia fub juramento pr*ftiti, quod in adventu Jufticiario-\\\\& better Undcrftanding whereof, it is to be rum prox. errantium levari faciam Chirographum de known, That there is no Land, but is holden >V. Charta Neftae de Stanley mediately or immediately of the Crown by fome pradicfa Remiffione, And the Service, and therefore all our Freeholds that fine dat. in Rcgiftro de Wormley. Manner of Engrofling the Fines, and cutting the arc to us and our Heirs are called Feuda or Feoda, Parchment in two Pieces, is (till obferved in that Fees ; as proceeding from the Beneficence of the Office, which is called the Chirograpber s Office. But King, for fome fmall yearly Rent, and the Per. as to Deeds, that was anciently called a Chirograph, forinancc of fuch Services as originally were laid which was defcribed by the proper Hand-writing upon the Land at the Donation thereof; for as of the Vendor or Debtor, and delivered to the the King gave to the great Noble?, his immediBuyer or Creditor ; and it differed from Syngra- ate Tenants, large Poflcflions, for ever, to hold in this Manner ; viz. Both Par- of him for this or that Service or Rent And phus, which was tics, as well the Creditor or Debtor, wrote their they again in Time parcelled, out to fuch others Names, and the Names of the Witneflcs, and the as they liked the fame Lands, for Rents and SerSum of Money borrowed, either in Paper, or on vices, as they thought good. And thefe Services a Piece of Wood, and the Word Syngraphus in arc by Littleton divided into two Sorts, Chivalry Capital Lcctcrs in the Middle ; which Lctrcrs and Sorcage : The former is martial and military, were cut in the Middle, and one Part delivered the other clownifh and rultical Cbiv-itry thereto each Party, that upon comparing them (if a- fore is a Tenure of Service, whereby the Teny Difputc Should arife) they might tally, and nant is bound to perform fome noble or n.ilitary When this Orfice unto his Lord ; and is of two Sorts, either fo put an End to the Difference. prudent Cuftom had for fome Time prevailed, Regal, that is, fuch as may hold only of the then the Word Chirographum was appropriated to King, or fuch as may hold only of a common fuch bipartite Writings or Indentures. That which may hold only of the King Pcrfon Et in hujus rei teftimonium huh fcr'ipto in modum is properly called Servitiuat or Serjeantia, nd is

GRAPH

'

again

H
Petit,

C
great or fmall
;

or again divided into Grand

for the Judges fay

Great commonly called Grand Serjeanty, is that where' one holdeth Lands of the King by Service, which he ought to do in his own Perfon ; as to bear the King's Banner or his Spear, or to lead his Hoftc, or to find a Man at Arms to fight within the four Seas, &>c. LittU Tit. Serjeanty. is where a Man holdeth Land of Petit
Serjeanty
the.

it was a lawful Occupation, and a good Addition: Yet Brook in his Abridgment calls it not an Occupation, but a Thing permiflible by Law. It was (without Doubt) a Nickname to thofe that ufed to change Benefices ; given for to chop and change is an ufual Expremon to I have alfo read Church-Chopper, for this Day. him that ufed to make fuch Changes,

fmall Alii veto tfuorundum fatorum ZizanU, fuhverforum King, to yield him annually fome towards his Wars, as a Sword, Dagger, Jufiitia, Qp inaudit* abufionis inventorum, ut Mis Thing Bow, &c. Littl. Tit. Petit Serjeanty. Chivalry verbis utamur Choppe-Churches, communiter apthat may hold of a common Perfon, is called peUati, mediatione dolofa interveniente, execrabili ardore avaritia, quandoque in fubdolis permutationibm, Scutagium, Efeuage, that is, Service of the Shield, and this is cither uncertain or certain. Efeuage hos nimia intqualitate Beneficiorum, a: Wis quandouncertain is likewife two-fold, Firft, Where the qae obtentis Beneficiis, fucatis coloribus totaliter defiiTenant is bound to follow his Lord, going in tuunt Qt> defraudant. Litera miffa omnibus Perfon, to the King's Wars againft his Enemies, Epifcopis fuffraganeis Domini contra Choppeeither himfelf, or to fend a fumcient Man in his Churches. An. 1391. Spelm. de Cone. vol. 2. Place, there to be maintained at hisCoft fo ma- fol. 642. Lord ChOiaf, Choralis, Is fuch a Perfon of whom ny Days, as were agreed upon between the and his firft Tenant at the granting of the Fee. Mr. Dugdale in his Hift. of St. Paul's Church, pa. And the Days of fuch Service feem to have been 172. fays, There were fix, whom he caHs Vicars rated by the Quantity of the Land foholdcn ; as Chorals, belonging to that Church, and fignifies if it extended to a whole Knight's Fee, then the one that by Virtue of any of the Orders of ClerTenant was bound to follow his Lord forty Days, gy, was in ancient Time admitted to fit and ferve and a Knight's Fee was fo much Land, as in thofe God in the Quire, which in Latin is termed Days was accounted a fufficient Living for a Chorus. (OOJPfptfcopi, Suffragan or Rural Bifhops, deKnight, and that was 680 Acres as fome hold, or as others 800, or 1 5 Pounds per Annum. Camh. legated by the Prime Diocefan ; their AuthoriBrit. p. 1 10. Sir Thomas Smith faith, Cenfus eque- ty was reftrained by fome Councils, and their Revenue in free Lands. But Office by Degrees abolifhed. After whom the firis is forty Pounds if it extend to half a Knight's Fee, then the Te- Rural Deans were fo commiflioned to exercife nant is bound to follow his Lord but twenty Days ; Epifcopal Jurifdi&ion, till inhibited by P. Alex If to a fourth Part, then ten Days. F. N. B. fol. ander III. and the Council of Tours. Sec Mr. Ken.

Caftleward, where the Tenant by his Land is bound either by himfelf or fome other, to defend a Caftle as often as it fhall come to his
is

83, 84. called

The

other Kind of this Efeuage uncertain

Courfe. Efeuage certain, is where the Tenant is a certain Sum of Money to be paid in lieu which is moveable, and may be taken away or of fuch uncertain Service ; as that a Man fhall carried from Place to Place. Kitchin, f 18. Chofe pay yearly for every Knight's Fee twenty Shil- in Aflion is a Thing incorporeal, and only a Stow Annal. fag. 458. for half a Knight's Right ; as an Annuity, Obligation for Debt, a lings. Fee ten, or fome like Rate : And this Service, Covenant, Voucher by Warranty, and generally becaufe it is drawn to a certain Rent, groweth all Caufes of Suit for any Debt or Duty, Trefpafs to be of a mixt Nature ; not mecrly Socage, for or Wrong, are to be accounted Chofes in Action. that it fmclleth not of the Plough, and yet So- And it feems Chofe in A&ionmtiy be alfo called cage in Effect, being now neither perfonal Service Chofe in Sufpence ; becaufe it hath no real Exinor uncertain. Lit. Tit. Socage. This Tenure ftence or Being, nor can properly be faid to be called Chivalry, hath other Conditions annext to it, in our Poffefnon. Brook, Tit. Chofe in A&ion. as Homage, Fealty, Wardship, Relief and Marriage, Clyifm, A Confection of Oil and Balfain con Bract, lib. 2. c. 35. which, what they fignify look fecrated by the Bifhop, and ufed in the T'o t >ifh in their Places : Chivalry is cither general or fpeei- Ceremonies of Baptifm, Confirmation, and fome. al. Dyer, f. 161. num. 47. General feemcth to be times Ordination. where it is only faid in the Feoffment, That the ChZffmale, Chrifmal, Chrifom, Cryfom, The Tenant holdeth per fervitium militare, without a- Face-Cloth, or Piece of Linen laid over the ny Specification of Serjeanty, Efeuage, &c. Speial, Child's Head at Baptifm, which of old was a cuThat which is declared particularly, what kind ftomary Due to the Parifh Prieft. Muliereifeof Knight's Service he holdeth by. But there is quentes debent offerre Chrifmal ia Infantum, nee Chrila great Alteration made in thefc Things by the malia debent alienari, nee in aliquot afus mitti debent, Statuta ^Egidii Epifc. SarifStatute, made 12 Car. 2. cap. 24. which faith, nifi in ufus Ecclefi. ail STenurea bp temght's sorbite of th,e fcing bur. Anno 1256.
let at
<5>ertoicf in CaClyifmarift oenarii, Chrifom-Peme, Money paid Socage ; in Capite of tfo,e &ing, ano rtje to the Diocefan, or his Suffragan, by the paroJFruits ano *orifequencesj thereof bapneti, 02 chial Clergy, for the Chrifm confecrated by them tehirh fhall 02 map Ijappen Of. anfe thereupon, about Eafier, fxjr the Holy TJfes of the Year en02 tljfrebp, are taken atoay ano oifeljargeo : fuing. This cuftomary Payment being made in SflnD aD enure0 of igoufee, H&ano?, *Uno#, Lent near Eafier, was therefore in fnme Places &c. all be conllrueo ano aojutyjeu to be turn* called Quadragefimalt, and in other Pafchals and eo into free ano common S>ocagf, &c. The Bifhops Exaction of it was Eafier-Pence. tllOpa'(ltrtl) {Ecclejiarium permutatio) is a Word condemned by Pope Pius III. for Simony and ufed 9 H. 6. cap. 65. a. By the Senfe of which vile Extortion : And therefore the Cuftom was Book it was in thofe Days a Kind of Trade; for releafed and quit-claimed by fome of our Englijb

Paroch. Antiq. p. 639. <kbofY, Fr. Thing: It is ufed with divers pithets ; as Chofe Local is fuch a Thing as is annexed to a Place. For Example; a Mill isChefe Local. Chofe Tranjitory feems to be that Thing
net's

01 of anv other perfon, feniuifjt

pite 02

Bifhops.

As Robert Bifhop of Lincoln, by ex Bifhops. Sciatis not remififfe CUricisom prefs Charter. nibus Infra Epifcopatfim Lincolnienlcm Pafchalem confuetudinem i/uam Chrifmatis denarios vocant

ego Willielmus de Putot

SP AJpgnati mei

in Effora eri

mus foluti &

Churfot de Thelesford. MS.

quieti de decimis mir.utis prafiandii f d* in villa de Neubold. Cartular. domus

Churl, Ceorle, Carl, was in the Saxons Time a Radulpho Teflibus Waltero Abbate de Kirkfiede. Abbate de Ludu. David Abbate de Barling. Magi- Tenant at Will, of free Condition, who held Gilberto de Sempringham. Cartular. Mon. de fomc Land from the Thane, or Condition of Rents ftro

and Services, which Ceorles were of two Sorts Cotton. ; CIVilriMlitarig Curia, Tho Court Chripan or one that hired the Lord's Out-land or TenemenEcclcfiaftical Judicature, oppofed to the Civil tary Land, like our Farmers ; the other that tilCourt or Lay Tribunal, or Curia Domini Regis. led and manured the Inland or Demains (yielding Thcfe Courts of Cbrifiianity were not only held by operant not cenfum, Work and not Rent) and were in Synods, and their Archdeacons and called his Sockmcn or Bifliops thereupon Ploughmen. Chancellors in Confiflories ; but in the Rural Vid. Spelman of Feuds.
Chapters, where the Rural Dean or Decanus Chri(CiliuriUMll, Collerford in Northumberland. prcfided, and the Parifli-Pricfts were Cinnamon, Cinnamomum, Is a Tree whereof the Afleflors or Afliftants. Sec Rennet's Difcourfc of Bark is known to be plcafant, and a comfortable Rural Deans, in his Parocb. Antiq. p. 641. Hence and medicinal Spice, which you have defcribed This is reckjFuftitiam CbriJUanitatis facere was to profecute and in Gerard s Herbal, lib. 3. cap. 142. cenfure a Criminal in the Ecclcfiaftical Court. oned among garbleablc Spices Anno 1 Joe. As Anno 28 Ed. 1. Alex. Line. Epifc. Guido- cap. 1 p.
flianitatis

Bcrdeney. MS.

ni d* Charing Parocbiano fuo faint.

cipio

Mando tibi &*

Quod
nobis

prni ci-

reddat Ecclejia de Egnejbam, Abbati Eccl. fuam de Meritona

cite

ut

& Waltero
jufliti-

cial

to Time to be fuch as ought moll vigilantly to be guarded againft Invafion : In which refpefl the Dedi ejfarta de Places where they be, have an <ttt)UCpa, Chop or Change efpecial Governor DominioPatris mei fip unam virgatamterrt de Chcup- or Keeper called, by his Office, Lord Warden of Cartular. Radings. the Cinque Ports, and divers Privileges granted unpa quam Andreas tenet. to them, as a particular \ol. 04. Jin ifdiction, their WarCljtird;. See Fabrick-Lands, and Matrix Ec- den having the Authority of an Admiral among them, and fending out Writs in his own Name. clefia. ClUirclKCUf, Is the fame with Churchwarden ; Crompton in \\\sfurifdiBions,f. 28. nameth Hafiings, Reve in the Saxon being as much as Guardian in Rumney, Rye, Dover, Sandwich, Winchelfea and the French, and Signifies the Guardian or Overfeer Hythe, whereof fome, becaufe the Number exof the Churchy as Shire-Reeve is the Gardein of ccedeth five, muft either be added to the firft Shire or County, and Port-Reeve of the Port or Inftitution by fome later Grant, or be acHaven, though afterwards it became a Name of counted as Appendants to fome of the Reft. Office. The Word is now out of Ufe, but ufed See Gardeine of the Cinque Ports, and the Statute by Chaucer, fpeaking of the Jurifdi&ion of Arch- 3 1 H. 8. cap. 48. See Qginque Portus, and 4 Infi.
tofeceris, prtcipio ut

Cinque pojcfl, Quinque Portus, are thofe fpcHavens that lie toward France, and therefore have been thought fit by our Kings from Time

Walter us Arcbidiac.

am

Chriftianitatis facial donee reddas. lb. p. 90.

deacons.

See Churchwardens.

be Officers Cipputf, A Pair of Stocks to put Offenders in. Habeant, necnon Cippos yearly chofen, by the Confent of the Miniftcr concluforia in Jtngulis and Parifliioners, according to the Cuftom of e- vittis, ad correHionem delinquentium. Mon. Ang. 2 par. vcry fevcral Place, to look to the Church, Church- f. 349. a. From which Circuitor : Circa, /. e. a Watch yard, and fuch Things as belong to both, and to obferve the Behaviours of their Parifhioners for Quatuor Circuitores Monallerii quos alio nomine Circas filch Faults as appertain to the JurifdiSion or Cen- vocant, juxta praceptum fanBi BenediBi cert is hor'is cirfure of the Courr-Ecclefiaftical. Thefe be a cuire debent Monajlerii ofjicinas. Du Cange. Kind of Corporation, enabled by Law to fuc CircaOfl, a Tribute which was paid to the Bifor any Thing belonging to their Church, or fhop or Archdeacon for vifiting the Churches. Poor of their Parifh. Sec Lamb. Duty of Church- Du Frefne.
l)urd)tt'arDene,Er<:/(^/r;' Gardiani,

fit.

222.

&

wardens.
Cljurfht'ffef, Ciricfceat,
Cbirfet

an ABion is rightfully brought for a Duty, but Saxon Word mentioned in Domefday, and inter- yet about the Bufh, as it were, for that it might preted by Mr. Agar, Quaft Semen Ecclefu, Corn nave been as well otherwife anfwered and deter paid to the Church. Fleia calls it Circfed, lib. I. mined, and the Suit faved; and becaufe the fame cap. 47. and thereof writes thus, It (ignities a cer- Ailion is more than needful, it is called Circuity of tain Meafnre of Wheat, which in Times pad e- ABion ; as if a Man grant a Rent-charge often very Man on St. Martin's Day gave to the HL>ly Pounds out of his Manor of Dale, and after the Church, as well in Times of the Britains as of the Grantee difleiies the Grantor of the fame Manor, Englip ; yet many great Perfons after the Coming and he brings an Affile, and recovers the Land of the Romans gave that Contribution, according and twenty Pounds Dapiages, which twenty to the ancient Law of Mofis, in the Name of Pounds being paid, the Grantee of the Rent fues Firft-fruits ; as in the Writ of King Canutut fent his Action for ten Pounds of the Rent due during to the Pope is contained, in which they call that the Time of his Difleifin, which if no Difleifin Contribution, Clircb-fed, as one would fay Church- had been, he muft have had. This is called Circuity feed. Scld. Ilia. Tithes, p. 216. of Act"ion,bec$L\ifc it might have been more fliortly (Ojurfor, Church-fot, or cuftomary Oblations to anfwer'd for whereas theGrantorftiall receive 20//'. the Parifh-Prieft From which Duty the Religi- Damages, and pay 10/i. Rent, he might have reous had fometimes purchafed an Exemption for ceived but the 10//. only for the Damages, and themfelvcs and their Tenants. Ita quod the Grantee might have cut off, and kept back
or
Curcfcet,
; :

Circuit? of aiction, (Circuitus ABionis) Is

when

the

the other \oli. in his Hands, by way of Detainer for his Rent, and fo thereby might have faved
his

ABion. CircumfpettC 3tgatte, Is the Title of a Statute Letters Patent dated 21 May, 2 Eliz- (purfuant made 13 E. 1. Anno Domini, 1285. preferring fome to an Aft of Parliament of 1 Eliz. not printed) Cafes to the Judges, wherein the King's Prohibi- the Revenues of that late Monaftery were veiled tion lies not. Co. lib. 7. /. 44. lib. 5. /. 6> and in the Dean and Chapter of the Collegiate Church of 2 Par. Inft. fol. 487. Weftminfier, which hath caufed Error in the Ctrcumlfanfiluif, In Englifli By-ftanders, Is Pleadings of fome Cafes, by ftilingu the Cathea Word of Art, fignifying the Supply or ma- dral, for Collegiate Church of Wefim'infier. Cajfaim- ntus de Confuetud. Burgun. pag. 15. faith, That king up of the Number of Jurors (if any appearing, be France hath within its Territories one hundred pannclled do not appear, or to them and four Cities ; and gives his challenged by either Party) by adding Reafon, becaufe fo many other of thofe that are prefent or ftand- there are fo many Sees of Archbifliops and Bifhops. H. 8. ca. 6. Clarfe ; as, to clack, force, or bard, alias beard, ing by, as will ferve the Turn. 35 Eliz. cap. 25. good Wool. Anno 8 Ken. 6. cap. 22. Whereof 5 the firft, viz. To clack Wool; is to cut off the Ciremefiei". See Corinium. CinfCeat, (Sax. Cirkfceat, VeBigal Ecclefiafti Sheep's Mark, which makes it weigh left, and lo cum, frumenti tributum) Church-fot, a certain Por- yield the left Cuftom to the King. To force Wool, the Church, is to clip off the tion, Tribute, or Payment, made to Upper and hairy Part of it. of Corn, Fruit, or any other Thing. Fleta cal- To bard or beard it, is to cut the Head and Neck led it Circfed, quafi, Semen Ecclefu debitum. Joh. from the reft of the Fleece. Noverit univerfttas Southam ad Fefium. S. Martini in Heme debet I Gal- vefira nos vendidiffe concejpff. 62. faccos Ian* de linam {de redditu) 3 5 GaUinas de Chirfeat. Cuftum. colleBa monafierii noflri fine (Jlack e> Lok God &> a de Belto. fol. 87. a. This Tribute was an- Card nigra griff vilem tuyfen, &c. fine telle. Du Monaft. at the Feaft of St. Martin, as Cange. ciently payable called by Sir Edw. ClaOC0. See Cleia. appears by Dome/day, and U-laOUB, Clades, Clada, Cleta, Clida, Cleia, From Coke Church-feed. Coke on Littl. fol. 88. b. See the Brit. Clie; the Churcheffct. prefent Irifli Clia, a Wattle or a Churl , or Country- Hurdle, whence Dublin was formerly called 1)01110 , <iLtrllfcl)U0 Biurle Cliet, i. e. the Town of Hurdles. man. A Hurdle Watlington, or to make for penning vJltfitnil*, a Beaft whofe Skin was ufed folding Sheep is ftill in fome Counties of rich Garments. England called a Cley Et in xii. Cladis ovilibus emptis de Nicolao Alcyn hoc anno xviii. den. e> in folutis Cifimus obrepjlt &> veftitura patenter pro putatione Qp faBura triginta Cladorum ovilium apud parcum de Marturis, tZPfpolio non leviore Bever. Paroch. Midlington hoc anno xix. den. 23 Car. 2. Antiq. p. 577. <t\tntio ao inffantifm partis, (22 See Cleia. Stat, for laying Impofitions on Proceedings at tlaga. Claim (Clameum) is a Challenge of Intcreft in Law). any Thing that is in the Poffeflion of another, In the Lat. Urbs, Civitas, and Oppidum; or, at leaft, out of his own as Claim Clfl', by Charter, If is named Civitas, in regard it is governed in Ju- Claim by Dcfcent, &c. Old Nat. Br. Si fol. 11. ftice, and Order of Magiftracy. Oppidum, for Dominus infra annum Clameum qualitercunque appothat it contains a great Number of Inhabitants; fuerit. BraBon, lib. I. cap. 10. See the Definition and Urbs, becaufe it is in due Form begirt about and divers Sorts of Claim in Plowden. Cafu Stowel, with Walls. Civitas according to Ariftotle, U. Poli- fol. 359. a. t'nor. cap. 1. is defined to be a certain or uniform .lamea aiDmtttenOa in itinere per 2Hfturnatum Government of the Inhabitants, & C<cfar Civita- is a VVrit whereby the King commands the Jutem vocat, topulum eodem jure utentem. Camb. Brit. ltices in Eyre to admit one's Claim by Attorney, But this is the general Definition of a who is employed in the King's Services and p. 310. Common-wealth, and not of a City, at leaftas we cannot come in his own Perfon. Reg. of Writs, now a-days take it. City is a Word which hath fol. 19. b. For in the Time obtained fincc the Conqueft Cl.iP'bo?n {An. 35 Eliz. ca. n.) is Board cut in of the Saxons there were no Cities, but all great order to make Casks or Vcffcls. Towns were called Burghs ; and even London was Clarentius. See Herald. then called Lunden Burgh, i. e. London Borough. Cfaretum, A Liquor made of Wine and HoAnd long after the Conquelt the Word City is us'd ney, clarified or made clear by Deco&ion, &>c promifcuoufty with Burgh, as in the Charter of which the Germans, French, and Englifh, called 'tis called both Civitas and Burgus ; which Hippocras- .And it was from this, the red Wines of Leicejier ftiews that my Lord Coke was miltaken, when he France were called Clairet and Claret. Ad h&c was or is a Bifhop's See tells us that every etiam in tanta alundantia vinum hie City ficevideas, Nor had Gloucefier then any Bifliop, tho* it is ram, pigmentum, &> claretum, muftum &> medonem. And he himfelf ob- Girald. Cambr. apud Whartoni called a City in Dome/day. Angl. Sac. P. 2. ferves in another Place that Cambridge was a City p. 480. by ancient Record, viz. Mich. 7 R. 1. Rot. 1. (t-iirigariuS SHrmojum, an Herald. tho* it never had a Bifhop. And in the Stat. Cano, a Trumpet. Statimijue clangebant ClaII H. 7. c. 4. 'tis called Cambridge Town. riones &> Tuba. Knighton, Anno 1546. So that though the Word City fignifies with us Ct'lffiartU.S, a Seaman, or Soldier ferving at fuch a Town Corporate as hath ufually a Bifliop Sea Omnefc/ue ejus Capitaneos, Milites 6 Clafand Cathedral Church, yet 'tis not always fo. fiarios. Charta Caroli 5 Impcratoris Thomi And Crompton reckbning our Cities, leaves our Comiti Surr. dat. in urbe Londinenfi, 8 Junii, it has a Bifliop and a Cathedral Church. JS/y,'tho' 1522. z

Anno 3 5 Eliz. cap. 6. Weftminfier is called a City ; and it appears by the Statute 55 H. 8. c. 10. that then there was a Bifliop of But by Weftminfier.

&

&

&

C L
CUflflt'Um, a
tus

C L
Clfltoa, a Clofe, or fmall Enclofurc. Frater Willielmi HtUeman
Petri

Ring of Bells, Projrie eft concen- de Mkucclctfield, fed. claufura uniui rod* terra c'tromnium inftrumentorum Jimtil fonantium. Campa- citer buy am pradiB. Rot. plac. in It inert apud Ceftri An. 14 II. 7. This claufura no more nis per totam avitatem ad Clafficum pulfantibus. Du am. hey* i* than the Enclofurc of a Hedge. Cangc.
Per ilium rivulum ClflllO. Brit, a Ditch. Claud, juxta Coitmaur. Carta Lcufque ad ijtio.ld.tm wellci Principis Wall. dat. An. 1 198. ClauDfrf, To cnclofc, or turn open Fields Dedi &/> into Clofes and Enclofurcs. culturam ad claudendum &P faciendum conceffi

Adam Heleman
me* falute

pre

Ego amir*

rum

Cafes are referred to twelve,

Claves InfuU.

cum horto cum pertinentiis in terra de Ovreden qua fcilicet Taroch. An- clawa terr* ir.de MBit Canonicis placuerit. Ex Regiilr. dc quicquid fie jacet per partes. liq. p. 236. Plimpton MS. Probably from the Saxon Clta, CUVlti* 31nfn(x, 1. e. the Keys of the Ifland. Angulus, A Nook of Land. In the Iflc of Man all ambiguous and weighty a Hurdle. Si murdrum Ollfifl, Cfetfl,

Mam

dedi Deo fip Ee, left* beat. Apoftolo& Pauli de Plimpton. Unam domum in villa de Ovredene 6> unum clawam terr*

whom

they call inveniatur

CUOC*.

veUet eripere. Hoveden, Anno 946. Flor. Wore, Bradwcll, per manum Willielmi de Dona of the pag. 604. e. by the Serjanty per Serjantiam Clavie, Club or Mace. See Dr. Brady s Append, to InClerflP Clerus is diverfly taken ; fometimts for the whole Number of thofe who are De Clero Dotroduce, to Eng. Hift. p. 22. ClanigeratuH, i. *. a Trcafurer of * Church. mini, of our Lord's Lot or Share, as the Tribe of Aliter WilUelmus Watiingford Clavigeratus. Monaft. Levi was in Jud*a ; fbmetimes for a Plea to an Indictment or an Appeal, and is 1 Tom. p. 184. by Staundford Clailfe fioUfif, Rotuli Claufi, prefcrved in the {PI. Cor. lib. 2. c. 41). thus defined : Clergy is Tower, and containing fuch Matters of Records an ancient Liberty of the Church, which hath been confirmed by divers Parliaments, and is as were committed to Clofe Writs. when a Prieft, or one in Orders, is arraigned of ClaUtentUtn, Southampton. Clauficb, Claufike, The Claw-ficknefs, or Felony before a fecular Judge, he may pray his An. 1277. invaluit generalis Clergy ; which is as much as if he prayed to be Foot-rot in Sheep. ovium per univerfam regionem Angliae qU* a delivered to his Ordinary, to purge himfelf of fcabies the Offence objeded. And this might be done in vulgo dicebatur claufick, per quam ir.feB* funt omnes Coke, lib. 4. /. 46". a. This Liberterrx, ad quarum fcabiem abolendam adinventa eft Cafe Of Murder. ifeBa qtudam unBio confeBa ex vivo argento &> unBo ty is mentioned in Articulis Cleri, An. 9 E. 2. e. 26*. And what Perfons might have their Clergy, and Annal. Warverle, fub An. torcino. iavc not loft the Difeafc, nor found a better Re- what not, fee Staundf. PI. Cor. lib. 2. c. 42, &> 43. Yet there are many Statutes made fince he wrote ceipt for it. ClauffiUM, Brufli-wood for Hedges o' Fences. that Book, whereby the Benefit of the Clergy is a14 ejufdem,cap. 5. King Henry the Third, gave to the Prior bridged ; as Anno 8 El.c 4. 18 ejufdem, c. 4, 6, 7 and Canons of Cbettvode, An. 23 ejufdem, a. quinqut earucatas claufterx ad pr*d. terr* clanfturam fuftiner.dam. 29 ejufdem, e. a. 31 ejufdem, ca. 1 2. and 39 eParoch. Antiq. p. 247. This Sort of Wood is in jufdem, c 9, & 1 5. Of this fee Crompton's Juftice many Parts of England called Teenage, from Sax. of Peace, f. 1*2, & loy. and Lambard's Eiren. lib. Tynan, to enclofe or fhut ; whence to Tine the 4. c. 14. And note, That the ancient Courfe of Door, i. e. to fhut it. It alio fignifies an Enclo- Law in this Point is much altered For by the In fepibus. In clau- Statute of 18 El. ca. 7. Clerks are no more delifure, or that which fences it. Mon. Angl. Tom. 2. vered to their Ordinaries to be purged ; but now fturis, in communibus, &c. fol. 409. every Man to whom this Benefit is granted, tho' Claufum fregif, Signifies as much as an Action not in Orders, is put to read at the Bar after he of Trcipafs ; and fo called, becaufe in the Writ is found guilty and convicted of fuch Felony, and fuch a one is fummoned to anfwer Quare claufum fo burnt in the Hand, and fet free for the firft did fuch a Trefpafs. Mr. Time, if the Ordinary's Commiffioner or fregit, that is, why he Deputy Somner, in his Saxon DiBionary, conceives the Ori- ftanding by do fay, Legit ut Clericus; or 0ginal of thofe much ufed Words in our Law- therwife he fuffers Death for his Tranfgreffion. As to the Clergy in general, though they claim Pleading might come from the Saxon Eder-bryce, which fignifies Hedge-breaking, the Boughs which an Exemption from all fecular Jurifdiction, yet clofe the Top of the Hedge being ufually called Matthew Paris tells us, That foon after William the Firft had conquered Harold, he Etherings. fubjeited the Claufum pafrl'x, Stat. of Weftm. i.Letidemaine Bifliopricks and Abbeys who held per Baron-am, de la Clufe de Pafcha ; that is, In Cra/lino claufi Paf- (and who till then were exempted from all fecular cha, or, in Craftino OBabis Pafcb. which is all one ; Service,) that they fhould be no longer free from 2 Part. military Services ; and for that viz- The Morrow of the Utas of Eafler. Purpofe he in an Ad Curiam cum vifu Franci Pleg. arbitrary Manner regiftcred how many Soldiers Inft. f. 157. Claufi every Bifhoprick and tent, apud Maurdin die Jovis prox.pofl Feftum Abbey fhould provide, and Pafchse, anno 17 Ed. 4. Teftatum fuit quod, 8fc. fend to him and his SuccefTors in Time of War ; Claufum Pafcha:, i. e. Dominica in Albis ; fie diBum, and haviDg placed thefe Regifters of Ecclefiaftical Servitude in his Trcafury, thofe who were quod Pafha Claudat. agCL'lauflira \S-erx. Johannes Stanley Ar. clamat grieved, departed out of the Realm. de claufura Hey as quod iffe 6 haredes fui Jint quieti
tent, in
/'

Leges H. 1. cap. 92. Item pro 1 8 Cladibus fac iendis ClatM, The Clovery , or Mace, or Club. In adovilefex denar. Somner Gavel, f. 190. the Inquifition of Scrjanticsin the 12th and 15th CUptO;, a Thief or Rogue. DumfuumDaYear of King John, within the Counties of Ejfex piferum a manibus pefftmi Cleptoris ne occidtretur let tenet libr. and
Hertford

alicubi, cuftodiatur 7

diebus fitter

Cletam.

Boydin Ay

quatuor

-We

But

C L
;

C L
ejfe duos Clericos Scholafticos per Parochiattorum , de quorum habeant vivere eleemofynis, induftriam eligendos, qui Aquam benediclam circumferent in Parochiam, ac ^apellis diebus Domini, is & Feftivis, in Divi-

But the Clergy were not till then exempted ctors. So John Peckbam Archbifliop of Canterbury, from all fecular Service becaufc by the Laws of Anno 1280. ordained the Church of Banquet, and Volumus infuperibi. King Edgar they were bound to obey the fecular the Chapels anncxt to it,
Magiftratc in three Cafes, viz- Upon any ExpediWars, and to contribute to the building and repairing Bridges and Caftles for the Defence of the Kingdom.
tion to the

dem

'Tis probable that by Expedition to the Wars, it nis vnniftrantes officii s, & diebus difdplinis profeftis was not intended that they fliould perfonalljr Scholafticis indulgentes. Mon. Angl. Tom. 3. p. 227. One Parijh-Clerks were to be School-Maftc/s in Counferve, but contribute towards the Charge. they muft do ; as appears by the Petition to the try Villages, by the Conftitutions of Alexander King Anno 1267, mi. XJt omnes Clerici tenentes per Bifliop of Coventry, Anno 1237, &c. Hence the Baroniam vel feudum laicum, perfonaliter armati pro- School-Houfo, or Place of Teaching was often in the Belfrey, in the Church-Porch, or feme contieederent contra Regios adverfarioi ; vel tantum Serviti And hence the profancr Ufo of urn in expeditione Regis invenirent, quantum pertineret guous Building ad tantam terram vel tenementum. Their Anfwer ftill teaching in the Chancels. It would however was, That they ought not to fight with the Mili- be of good Service to the Church and Nation, to tary, but with the Spiritual Sword, that is, with reftore this ancient Practice, efpecially in rePrayers and Tears ; that they ought to maintain mote Country Villages, where the Clerk would do Peace, and not War, and that their Baronies more to the Service of God, and the Benefit of were founded in Charity, for which Reafon they the People, if he were able to inftrutt the Children in Reading and Writing, and underftand ought not to perform any military Service. OClWicO aOmittantO, Is a Writ direfted to the the Church Catechifm ; thus they might be Bifliop, for the admitting of a Clerk to a Bene- bred to fome Senfe of Christianity and good fice upon a Ne admittas, tried and found for Manners. the Party that procureth the Writ. Reg. Orig. Clerk, Clericus, hath two Significations; one as it is the Title of him that belongcth to the hofol. 51. Clen'to rapfo per >tafutum SIBercarojtmi, Sv. ly Miniftry of the Church, that is (as we reckon) Is a Writ direfted to the Bifliop, for the Delive- either Minifter or Deacon, or what other Dery of a Clerk out of Prifon, that is in Cultody upon gree or Dignity foever ; though according to forthe Breach of a Statute- Merchant. Reg. Orig. fol. mer Times, not only Sacerdotes Diaconi, but al:

&

147-

Clerico conbitfo commiffo ao'* in oefectu op tlinarit PeliberanDO, &>c. Is a Writ for the Delivery of a Clerk to his Ordinary, that formerly was convicted of Felony, by reafon his Ordinary did net challenge him according to the Privileges of Clerks. Reg. Orig.
fol.

io Subdiaconi, LeHores, Acholythi, Exordftx, Oftiarii, were within this Account, as they be at this

&

Law hath full Power. And in this Signification a Clerk is either Religious (otherwife called Regulator Sccular.^w. 4K4. c. 1 2.
Day, where the Canon
This
Clericus comprehends all Sorts of Deacons, and others in Holy Orders, cither Secular or Regular ; but more properly a Minifter or Prieft, or one who is more peculiarly

Word

Priefts,

69. a.

Clerico infra facrosf joined conffifuto non eligenoo in SDfficium, Is a Writ directed to called infortem Domini. Poor Vicar s Plea, fol. 13. the Bailiffs, &c. That have thruft a Bailiwick, Yet Johannes Sawel Clericus Domini Regis, (Jcil. E. I.) or Beadlcfliip upon one in Holy Orders, was fuppofed to fignify Secretary or Clerk of his charging them to relcafc him again. Reg. Orig. Council. Antiq. of Nottinghamfhire, fol 317. The a. other Signification of this Word noteth thofe fol. 143. The Word was ufed for a fecular that by their Function, or Courfe of Life, praClerroiflf. Prieft, in Oppofition to a Religious or Regular. ctice their Pen in any Courts, or otherwife ; as King John in the Time of the Interdict, committed namely the Clerk of the Rolls of Parliament; to William de Cornhull, and Gerard de Camvill, Clerks of the Chancery, and fuch like, whole peOmnes terras &> res Abbatum omni- culiar Offices fhall be fet in Order. Priorum, um Religkforum, & etiam Clericorum is Epifcopatu Clerk of the UtitS is an Officer of good Account Line. Paroch. Antiq. p. 171. in the Navy-Office, who receives and records all Clericua &aterDOrtfll, A Parifli-Clerk, or in- Orders, Contracts, Bills, Warrants, and other Buferior Afliftant to the Parochial Prieft", who ufu- finefles, tranfacted by the Lord Admiral and ally took an Oath of Fidelity from this Servant. Commiffioners of the Navy ; and is mentionBefore the Reformation, the Rector was fome- ed in the Stat. 16 Car. 2. cap. 5. and 22 Qp times obliged to provide and maintain his own 23 Car. 2. Clerk ; and fometimes the religious Appropriators Clerk Of J (life (Clericus AJfifarum) is he that

&

&

were bound

to find

and

al

Servant to the Vicar.

fiipport a Clerk, as ameni- writes all So in the Churches ap- ces of

Things judicially done by the

in their
Circuits.

Jufti-

AJftft

Cromp.

jurifd.

propriated to the
vera

Abbey of

Clerk of the Batltf, (22 23 Car. a. r.o. of obfequio devotum invenient, qui juramentum fidelitatis impof. on Proceeding at Law) is an Officer beVicario TJbi autem non ipfi preftabit, fuerint Ca- longing to the Court of King's Bench. nonid rejldentes, Clericus, qui, ut fupra\diHura (Sjlerfc Of tfie ClWfc is an Officer in the King's eft, expenjis eorum procurabitur, clavem eorum deferet in do- Court, io called, becaufe he hath the Check and mo eorum, &c. Paroch. Antiq. p. 304. The Parifh- Controlment of the Yeomen of the Guard, and all Clerks were formerly to be Men of Letters, and other ordinary Yeomen, belonging either to his to teach a School in th Parifh, and were fomeMajefty, the Queen, or Prince ; either giving times elected by the Parifliioners, two for each Leave, or allowing their Abfences or Defects in Church, as the Sacriftan or Sexton and Clerkin our Attendance, or diminilhing their Wages for the City Churches, being fuppofed to live upon the fame. He alfo nightly, by himfelf, or Deputy, Alms and voluntary Contributions of their Ele- takes the View of thofe that are to watch in the 2 Court.
Vicario,

Clericum

&

Ofeney,

Canonid

fol.

227.

Eccleji* minifierio,

&P

ejus

&

C L
Court, and hath the letting of the Watch. This Officer is mentioned Anno 2,3 Hen. 8. cap. n. Alfo there is an Officer of' the fame Name
in

C L
it out into Rolls, and Marking the Numbers upon them, and the Delivering out of all the Rolls to every Officer, 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 Juflicc. For the Chief Juftice is at Charge for the Parchment of all the Rolls for which he is allowed, as the Chief Juftice of the King's Ben h, befidc the Penny for the Seal of every Writ of Privilege and Outlawry, the feventh Penny taken for the Seal of every Writ under the Green Wax, or Petit Seal, in the Court of King's Bench and Common Pleas refpectivcly, the faid Lord Chief Juftices having annexed to their fevcral Offices or Places, the Cuftody of the faid Seals belonging to each Court.

ting

the King's

Navy, and mentioned Anno 19

2. c 5.) ti)t Sfjefr, (An. 16 Car. keeps an Account of the Monies collected, and kept in a Cleft, for the Ufc of fick and maimed Seamen and Mariners. arldk Of the CrOtotl (Clerhus Coron/c.) is a Clerk or Officer in the King's Bench, whofe Function is

Car. X. 4.X, (Oeifc Of

all Indictments read, and record other OffenTraitors, Felons, and againft ders, there arraigned or indicted upon any He is otherwifc termed Clerk publick Crime. And Anno 2 Hen. 4. the Crown - Ojji<e. of 10. he is called Clerk of the Crown of the King's

to

frame,

'

Ben<h.

Cretan in Chancer? (Cierkus Coan Officer there, who, by himfelf or Deputy, is continually to attend the Lord Chancellor, or Lord Keeper ; writes and Great Seal of England, fpecial prepares, for the Matters of State by Commiffion, or the like, cither immediately from his Majefty, or by Order of his Council, as well ordinary as extraordinary, viz- Commilfions of Lieutenancy, of Julticcs Iti nerant, and of Affiles of Oyer and Terminer, of Gaol-Delivery, and of the Peace, with their Writs and the like. Alfo, all General Parof Affociation, dons upon Grants of them, at the King's Coronation, or at the Parliament, where he fits in the Lords Houfe in Parliament-time ; into whofe Office the Writs of Parliament, made by the Clerks of the Pettibag, with the Names of Knights and
Clerk of
tfje

nn*

in Cancellaria) is

Clfrfc Of rtjC <effrcat0 (Cierkus ExtraBorum) is a Clerk belonging to the Exchequer, who termly receives the Eftreats out of the Lord Treafarer J Remembrancer's Office, and writes them out to be levied for the King. He alfo make* Schedules of fuch Sums as are to be

difcharged.
pag. 82.

See the

eftreated, Practice, of the

Exchequer,

Clerk of the pamper, or iganaper, (Cierkus is an Officer in Chancery (Anno 2 E. 4. cap. 1.) othcrwife called Warden of the Hamter, in the fame Statute, whofe Function is to receive all the Money due to the King for the Seals of Charters, Patents, Commilfions, and Writs; as alfo
Hanaperii)

BurgcfTes elected thereupon, are to be returned and filed. He hath alfo the Making of all fpecial

Pardons and Writs of Execution upon Bonds of Statute-Staple forfeited, which was annexed to his Office in the Reign of Q_ Mary, in Confideration of his continual and chargeable Attendance Both doth, as you fhall read in his Office. This Hxnathefe- before being common for every Curftto per reprefents a Shadow of that which the Romans termed Fifcum, which contained the Emperor's and Clerk of the Court of Chancery to make. Clerk Of Hie JDi'Huericfl is an Officer in the Treafurc. The Exchequer was anciently fo called, becaufe Tower, who takes Indentures for all Stores ifTucd in eo reconderentur Hanapi &P fcutrt, ctteraque vafa thence
:

Fees due to the Officers for and examinenrolling ing the fame, with fuch like. He is tied to Attendance on the Lord Chancellor, or Lord Keeper daily in the Term-Time, and at all Times of fcaling, having with him leather Bags, wherein are put all Charters, &c. after they are fealcd j thofe Bags, being fealcd up with the Lord Chancellor's private Seal, arc delivered to the Controller of the Hamper, who upon Receipt of them,

Errorum) in the qu* in cenfum &P tributum perfihi folebant; thus we and ccrti read in the Monft. 1 Tom. pag. 043. Rex, 6fc. into the King's Bench, the Tenor of the Records Cum de gratia noftra fpeciali Cf pro quodam fine, Qpc, fy of the Caufc or Action ; upon which the Writ of folut. &c. in Hanaperio noftro concejferimus : Or it Error (made by the Curfttor) is brought, there to may be fo called, becaufe the yearly Tribute be judged and determined. The Clerks of the Er- which Princes received, was in Hampers or large rors in the King's Bench, does likewife tranferibe VefTeis full of Money. or 'Jiirafa^lrifjB, (Cleriand certify the Records of fuch Caufes in that Clerk of the 3|ui Court into the Exchequer, if the Caufc or Action cus furatorum) is an Officer belonging to the were by Bill : If by Original, the Lord Chief Ju- Court of Common Pleas, who makes up the Writs ftice certifies the Record into the Houfe of Peers call'd Habeas Corpora and Diftringas, for Appearin Parliament, by taking the Tranfcript from ance of Juries, either in Court, or at the Affifes, the Clerk of the Errors, and delivering it to the after the Jury or Panel is returned upon the VeniLord Keeper, there to be determined, according re facias. He enters alfo into the Rolls the Ato the Statutes 27 El. 8. and 31 El. 1. The Clerk warding of thefc Writs, and makes all the Contiof the Errors in the Exchequer does tranferibe the nuances from the going out of the Habeas Corpora, Records, certified thither out of the King's Bench, until the Verdict be given. and prepares them for Judgment in the Court of Clerk Comptroller of the feing'tf irjoufe, Exchequer, to be given by the Juftices of the whereof there are two, is an Officer in the Court Common Pleas, and Barons there. Sec 16 Car. 2. that hath Authority to allow or difallow the and 20 Ejufdem, cap. 4. tap. 1. Charges and Demands of Purfuivants, McffenClerk Of <tr!Totlls (Clericus Effoniorum) is an Of- gers of the Green-Cloth, or other like. He hath alficer belonging to the Court of Common Pleas, fo the Overfight and Controlling of all Defects and who keeps the Effoin-Rolls, and hath for every Milcarriages of any the inferior Officers, and to Execution to bar the EJfoin, in Cafe where the fit in the ^Counting-Houfe with the fuperior OffiParty hath omitted his Time, fix Pence. He cers, viz. The Lord Steward, Mr. Trcafurcr, hath alfo the Providing of Parchment, and Cut- Controller, and Cofferer, either for correcting,

Clerk

Of

tlje

<ti?rr0}3 {Clerhus

Court of Common

Pleas, does tranferibe

of

lerk of ttje !Paper;iiDffiCe is an Officer in the This Officer mentioned Anno 35 H- S. c. 12. King's Bench. Clerk Of tljC $arce(0 is an Officer in the ExClerk aSarfijai of tlje &ing"0 igoufe fecms to be an Officer that attends the Marjhal in his hequer. Clerk of the 3&arliamcnM3oII$i (Clericus RotuCourt, and records all his Proceedings. Anno lorum Parliament'!) is he that records all Things 33 H. 8. c. 11. Clerk of rlje Nina's .ilber, (Clericus Argentl done in the High Court of Parliament, and enof groffeth them fairly in Parchment- Rolls, for their Regis) is an Officer belonging to the Court Common Pleai, to whom every Fine is brought, af- better Prefervation to Pofterity. Of thefe there ter it hath been with the Cuflos Brevium, and by are two, one of the Lords Houfe, .another of the 1 Smith de whom the Effect of the Writ of Covenant is en- Houfe of Commons. Cromp. furifd. f. 4 trcd into a Paper-Book; and, according to that Rep. Angl. pag. 38. See alfo Vowel's Book, touchlib. z. Note, all the Fines of that Term are alfo re- ing the Order of the Parliament. See Fleta, corded in the Rolls of the Court. And his Entry 12.^.31. Clerk Of ttje IPafenttf, or of the Letters Pais in this Form : He puts the Shire in the Marand then faith, A. B. dat. Domino Regi dimidi- tent under the Great of England, was erected gin, am marcam (or more according to the Value,) pro iZfac. Clerk Of the Peace (Clericus Pads) is an Officer Ucentia concordandi cum C. D. fro talibus terris, in taHis Duli villa, & habet chirograpbum per pacem admiffum, belonging to the Seffions of the Peace. &>c. ty is, in the Seffions, to read the Indictments, to Clerk of the &innjei fl&jteat attarojobf (cie- enrol the Acts, and draw the Procefs To record r'uui Magna Garderob* Regis) is an Officer of the the Proclamation of Rates for Servants Wages, to In- enrol the Difcharge of Apprentices, to keep the King's Houfe, that keeps an Accompt or of the Indenture of Armour, to keep ventory in Writing, of all Things belonging to Counterpart the King's Wardrobe. Mention 'd Anno 1 Ed. 4. the Regifter-Book of Licences, given to Badgers and Laders of Corn, and of thofe that are licenced I. cap. Clerk Of the S0arfeet (Clericus Mercati Hofpitii to fhoot in Guns, and to certify into the King s of Indictments, Outlawries, Regis) is an Officer of the King's Houfe, (Anno Bench, Tranfcripts 1 Ed. 4. cap. 1. and Anno 13 Rib. z. cap. 4). Attainders, and Convictions had before the Juwhofe Duty is to take Charge of the King's Mea- ftices of the Peace, within the Time limitLambard's Eiren. lib. 4. cap. 3. furcs, and to keep the Standards of them, that is, ed by Statute. the Examples of all the Meafures that ought to fol. 379Cterk Of the IPell (Clericus Pellis) is a Clerk bebe thro' the Land As of Ells, Yards, Lagens, Quarts, Pottles, Gallons, &V. Of Weights, Btv longing to the Exchequer, whofe Office is to enter and to fee that all Mea- every Teller's Bill into a Parchment-Roll, (called fhcls, and fuch like fures in every Place be anfwerable to the faid Pellis Re eptorum) and alfo to make another Roll Standard. Fleta, Kb. 2. cap. 8, 9, 10, II, 12. Of of Payments, which is called Pellis Exituum, which Office, as alfo of our Diveriity of Weights wherein he fets down by what Warrant the and Meafures, you may there find a Treatife Money was paid: Mentioned in the Statute This Officer worth the Reading. Briton alfo, in his 30 Chap. 22 23 Car. 2. for Subftdy. faith in the King's Pcrlbn, to this Effect We is called in ancient Records Clericus Domini The will tbat none have Meafures in tbe Realm, but we faurarii. our [elves ; but that every Man take bis Meafures Clerk Of the $ettibag (Clericus Parva bag*) is and Weights from cur Standards. And fo goes on an Officer of the Chancery, of which Sort there with a Tractate of this Matter, that well fhews are three, and the Matter of the Rolls their Chief. the anciert Law and Practice in this Point, Their Office is to record the Return of all InTouching this Officer's Duty, you have alfo good quisitions out of every Shire ; to make all Patents Statutes, An. 13 R.z. c. 4. and an. 1 7 Car. 2. cap, of Cuftomers, Gaugers, Controllers, and Aul-

or bettering Things out of Order.

is

&

&

19.

See 4
is

Injl.f.

273.
Exchequer,

negers

all Conge d'Eflires

for Bifhops
; ;

all Libe-

Clerk
lorum)

of rhf if ichil* or IRifiiUr (Clericus Nihi rate' s an Officer in the who makes
all

a Roll of

fuch Sums as are nihiled by the Sheriffs upon their Eftreats of Green-Wax, and' delivers the fame into the Lord Treafurer's Remembrancer's Office, to have Execution done upon it See the Stat. 5 R. 2. cap. 1 3. Stat. for the King. 1. and PraBice of tbe Exchequer, pag. 101. See
Nihil.

Clerk of the HDjWinante is an Officer in the Tower, who regifters all Orders touching the

upon Extents of Statute-Staples the Recoand all Elegits very of Recognizances forfeited upon them ; the Summons of the Nobility, Clergy, and Burgeffcs to the Parliament; Commiffions directed to the Knights, and others of every Shire, for affeffing Subsidies Writs for the Nomination of Collectors for Taxes and all Traverfes upon any Office, Bill, or otherwife ; to receive the Fees for Homages due to the Lord Great Chamberlain, of the Nobility, Bilhops, This Officer is mentioned Qfic. 33 Hen. 8.
; ; t

King's Ordnance. cap. 22. C.rk 01 the SDutlato^iejS (Clericus VtlagariaClerk Of the JBipe (Clericus Pip*) is an Officer rum) is an Officer belonging to the Court of in the Exchequer, who, having all Accompts and Common Pleas, being only the Servant or Debts due to the delivered and drawn out

Deputy

Attorney General, for making out Writs of Capias TJtlagatum, after Outlawry ; the King's Attorney's Name being to every one of thofe Writs. And whereas feven 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, becaufe it goes out at the
King's Suit.

to the King's

King, of the Remembrancers Offices, charges them down into the great Roll ; and is called Clerk of the Pipe, from the Shape of that Roll, which is put together like a Pipe ; formerly he was called, Ingroffator magni Rotuli, Contrarotulator Pipse, duplex ingroffator, and now Clerk of the Pipe; he alfo writes Summons to the Sheriff, to levy the faid Debts upon the Goods and Chattels of the Debtors ; and
if

C L
them rhcy have no Goods, then he draws to the Lord Trcafurer's Remembrancer, The ancito write Eftrcats againft their Lands. ent Revenue of the Crown remains in charge before him, and he fees the fame anfwered by
if

C L
Clfrk nf
is

ff)P IDurrfltlt/ (CfcW ui Warraniorum) an Officer beloning to the Court of Common Pleas, who cntrcth all Warrants of Attorney for Plaintiff and Defendant, and inroli all Deeds of Indentures of Bargain and Sale, which are acthe Farmer* and Sheriffs. He makes a Charge knowledged in the Court, or before any Judges And he eftrcats into the Exto all Sheriffs of their Summons of the Pipe and out of the Court. Green Wax, and fees it anfwered upon their Ac- chequer all Iffues, Fines, and Amerciaments, which the drawing and ingroffing all any way grow due to the compts. He hath King in that Court, Lcafcs of the King's Land. In Henry the Sixth's and hath a ftanding Fee of ten Pounds of the King, for making the fame Eftrcats. See Fitz. Time, he was called Ingrojfator Magni Rotuli. Ctcrft of thf piffle {Clirtms Fladtorum) is an Nat. Br. f. 16. Officer in the Exchequer, in whofe Office all the Clcroilinui*, i.e. An Heir: In the Monafikon, Officers of the Court (upon efpecial Privilege be 3 Tom. pag. 129. we read, ThatK. E</?fg*vcanfried other a certain Portion of Land for longing unto them,) ought to fuc, or to be Lire, with LiUpon any Action, &V. See the Practice of the Exche' berty, that Pofi viu fux terminum quibufcunq; Clc 86. and 4 Infi. f. 107. ronymis impune derelinquat. ijuer, p. OCIfVft CU tlje tSuivp <&>ffll (Clericus Prlvatl SiCiCtse, (Fr. Clays) Hurdles to fold or keep There are four of thefc Officers that attend Sheep in. Tenentes de Hampton dehent qiKrere fet gilli) the Loid Privy Seal, or (if none fuch) the Princi- fummas virgarum apud Bofcum de H*va juxta Heref. and making out all Things ad clctas nundinarum pal Secretary, writing faciendas. Lib. Niger. Hercf. that arc lent by Warrant from the Signet to the fol. 61. and arc to be paffed to the Great Seal ClPUUm, Gloucejler. Privy Seal, as alfo to make out (as they are termed) Privy Clltoneji, Not only the Eldcft.but all the Sons Seals upon any fpeciul Occalion of his Majcfty s of Kings ; we meet with it often in old Authors, as for Loan of Money, and fuch like. viz. In the Charter of King JEthelred, in Matt. Affairs Of this Officer and his Function, you may read Pari/, p. 1 58. Etheljlanus Echryth, &c. cum clitonibus the Statute 27 H. 8. c. ri. He that now is call'd Epitheto fubf.ribunt : So in Mr. Selden's Notes upthe Lord Privy Seal, fcems in ancient Time to have on Eadmerus, Ego Edgar, &c. Ego Edmund Clito been called Clerk of the Privy Seal, and to have Legitimus prxfati Regis, &>c. been reckon 'd, notwithftanding, in the Number <iih, >tliff, The Names of Places beginning of the great Officers of the Realm. Read the or ending with Clive ortyiff, fignify a Rock, from the Sax. Clif, Statute 12 R. 2. c. 11. Rupes. <![lor ;&<i(r, At Droittvich, Nantwicb, &V. iu Ctttfe Of ti)C Hulf^, mentioned 22 &> 23. in the Court of King's their boy ling <r Car. 2. is an Officer walling of Salt, once in twentyfour Hours, they take out a Cake, which fticks Bench. This they call Clod4I!crb of rl)f feelrffft (Clericus Suerarum)'\s an to the Bottom of a Pan. Officer appertaining to the Commiffionersof Sew- Salt ; which if not taken timely out, would caufe all Things that they do by Virtue of the Salt to melt. This Clod-Salt is the ftrongeft ers, writing the Commiffion, for which fee Sewers And fee of all, and is therefore commonly ufed to fait Bacon or Neat-Tongues ; and the Women of thofe the Statute of 13 Eliz. cap. 9. CI. ft Of file &H8"ff (Clerical Signeti) is an Parts put it into their Runnct-Pots, as the beft Officer attendant continually on his Majefty's Prelcrvativc of good Chcefe. who always hath the Cuftoloi "! r, A Prifoncr, or Dungeon ; I believe of principal Secretary, dy of the Privy Signet, as well for fealing his Ma- fome Britijb Original, which might give Name as alfo fuch Grants as pafs to the old Latin Cloeria, which Du Trefne unaptly jefty's private Letters, his Majefty's Hand by Bill figned. Of thefe there conjectures to have been a Corruption of Claufeare four that attend in their Courle, and have ria, a clofe Place of Reftraint. The Dungeon, their Diet at the Secretary 's Table. More largely or inner Prifon in WaUingford-Caftle, temp. H. II. in the Statute made was called Cloere Brien, i. c. Career Brieni, Fit. Com. you may read of their Office Domini de Hence fecms to come the Anno 27 H. 8. ca. II. Wallingford. Clfffe Of tijc ifeupptfpreaB is an Officer belong- Lat. Cloaca, which was originally the clolcft ing to the Court of Common Pleas, who makes Ward, the naftieft Part of a Prifon. The old out the Writ of Superfedeas, (upon the Defendant's Cloacarias is interpreted in a MS. Gloffary, Carappearing to the Exigent,) whereby the Sheriff is ceris Cujlos. The prefent Cloacarius, or Keeper of a Jakes, is an Office in fome Religious Houfes, forbidden to return the Exigent. iCtCXft of the 'Srfflfurr (C/wVim Thefaurarti) is an impofed on an offending Brother, or voluntarily Officer belonging to the Common Pleas, who hath chofen by him as an Exercife of Humility and the Charge of keeping the Records of the Court, Mortification and in fome of onr Englijh Conand makes out all the Records of Niji Prists, vents beyond the Seas, this fweet Officer is call'd hath the Fees due for all Searches, and hath the Count of Holt. all Records into the King's Bench,whcn ClOlf), Is an unlawful Game, forbidden by the certifying Alfo he makes all Statute, made in the 1 7th Year of E. 4. cap. 3. and a Writ of Error is brought Exemplifications of Records being in the Treafu- is inhibited alfo by the Statute of 33 H. S. c. 9. He is taken to be the Servant of the Chief But there it is more properly called Clafb ; for it ry. the throwing of a Bowl at nine Pins of Wood, Juftice, and removeable at his Plcafure, whereas is There or nine Shank. Bones of an Ox or Horfe ; and it all other Officers are for Term of Life. is alfo a Secondary or Under-Clcrk of the Trea- is now ordinarily called Kailes, or Nine Pins. fury for Afliftant, who hath fome Allowances. Termes de la Ley. And likewife an Undcr-Kceper, who always keeps Anno 27 E. 5. Stat. 1. c. 4. OllOtl) Of 3Kap. one Key of the Treafury-Door, and the chief Clerk Clotif, Is the two and thirtieth Part of a of the Secondary another ; fo as the one cannot Weigh of Chcefe, that is, eight Pounds. 9 H. 6. come in without the other. cap. 8.

down

Clctoes,

are a Spice known by Sight are Flowers of a Tree gathey thered and hardnea by the Sun Of their Nature, you may read in Gerard's Herbal, lib. 3. cap. 144. This is comprifed among fuch Spices as are to be garbled. 1 Jac. 19.

Ctobe0,

to every

Man

CaryophyUi,
;

The Words

arc, flllhen a Quarter of IDIjeat ig folb fo^ xii d. the Waftel-Bread of a 5f arching lhall toeigl) vi 1. anb xvi s. but Bread-Cocket of
a

^farthing, of the

toeigl)

fame Corn ano Bultcl, Cjall mo^e than Waftel bp iis. 3iu0 Cocket-

Clflugl), A, Valey, Domef day -Book. ClobefljOe. Sec Abingdon. Cfoton. See Cohnus.

of lotoer i^tcr, fljau" toeigb mo,ie than Waftel by vs. jeeto mabe ins to a Simnel, Hull toeigl) ii s. it(s than Waftel : ZStfao iDc of thetohole SUbear, fljafl .toeigb a

Bread mabe of

Com

Ctunci), Blew C lunch. At Wednesbury in Stafa Coal-pit, near the Surfordpire, upon finking face, they met firft with Earth and Stone, then with a Subftance called Blew Clunch, and thirdly with Coal. ClUtS, Fr. Clous, Shoes, Cloutcd-flioes : Moft commonly Horfe-fhoes, and the Streakcs of Iron In uno with which Cart-wheels are {hod.

Cockct anb a half

toeigl)

; fo tliat a Cocker fljaH toeigl) mo^e than a Waftel bp vs. Bread of Treet fljall

Bread of Treet, and laftly, Bread of Common Wheat ; as we now call the fineft Bread, WhcaSp clavis ad idem emptis, iv. den. ob. Confuetud. domus de Farcndon. MS. f. 1 6- Hence ten, or French Bread, the fecond Sort white Bread, the third Brown, or Houfhold Bread, Qpe. Clutarium. In Oxford anciently they had a coarfe Bread caldChltarium, Cluarium, a Forge, or Smithy, or
gando
clutis,

ii. denar. in eodem ferro lipari rotarum comfuto ii. fol. v. fol. iv. denar. in axibus emptis iv. den. in

ttoo Waftels ; aiiD ffijeao of common tuhen toeigl) ttoo great Cockets. a Quarter of atUbeat is folo foj xviii d. then Waftel-Bread of a iFartljing, Mihite anb toeD babeo, (hall toeicjh iv 1. x s. ttthen (of, ii s. iii L viii s. &Pc. By which we may perceive that Waftel-Bread was the fineft, Cocket-Bread next, then

SUheat QjaU

Pants deSymenel ponderabit minus waftello ii. fol. Pants integer de frumento de quadrante ponderabit coket &> dimidittm Panis de Treyt ponderabit ii. waftellos, pants de omni blado ponderabit ii. cokettes. Confuetud. domus de Farendon, MS. f. 42. I believe Cocket-bread or Cocket, was only hard Sea-bisket; either fo call'd, extinct. becaufe cocketted or mark'd with a peculiar Stamp (CnipulU0. Knipulus, Knipus, Knhus, A Knife. or Cocket : Or alfo becaufe made for the Ufe of Thomas Matyr tarn Cancellarium fuum quam the Cock-fwains or Seamen. This is but my conjeNotarios cunBos Sacramento conftrinxit, quod valens cture For no Author has yet hit upon the Senfe Cnipulum Anglicum propter Literas a Nemine reci- of the Word, or Derivation of it. Giral. Cambrenf. apud Wartoni Angl. perent. Cocfeettum, Cockett, Cocketum. The CnftomSacr. P. p. 62 y. Houfe or Office, where Goods to be tranfported, were firft entred, and paid their Cuftom, and Coca, Coquia, A Cogge or Boat. Vid. Oggle. had a Cocket or Certificate of Difcharge COCCCUtn, Ribchefter in Lancajbire. Cocljmnofl, An Exaction or Tribute in Rolandus Trcntacoft ad cuftodiam cocketti, ad reduced to chief Rents. See novum Caftrum fuper Tynam per focietatem LucaniIreland ; now cam deputatur, poftquam Ian* &P pelles per praceptum Bonaght. CockEt or Cofeet, {Cockettum,') is a Seal be- Regis fuerunt arreftata, transfretatio earum inhiReg. of bita. Mem. in Scaccar. 23 Ed. 1, by Sir John longing to the King's Cuftom-Houfe. Alfo a Scroll of Parchment Maynard. Writs, fol. 192. a. fealed and delivered by the Officers of the CuCockettata lana, Wool duly entred and ftom-houfc to Merchants, as a Warrant that cocketted, or authorized to be tranfported their Merchandizes are cuftomed. An. 11 H. 6. Mandatum quod lan& non cockettatas, vel non outtuWhich Parchment is otherwife called rn atae fub forisfaBura capiant ur. Fin. 16 E. % cap. 16. Liter* de Coketto, or Litera teflimoniales de Cocketto. m. 37. 6 <lockfefjJ, i.e. The meaneft Sort of Men, corReg. f. 179. a. So is the Word ufed. An. y E. 6. c. 14. And 14 E. 3. Stat. 1. c. 21. jftane ruptly for Cotfetts, that is, Cottagers Villani vera tOe vel Cocfeti, vel perdingi, vel qui funt viles vel hopes (half make Baote to be Cocketted, but
ponderabit plus
:

Domino Regis quotiefcunque ad maner'mm fuum de Maunsfield venerit, & ft inclaudet (if he lame) dabit ei palefridum quatuor palefridum Domini Regis marcarum. Mon. Angl. Tom. 2. p. 598. Cljpeu, One of a noble Family, Clypei proSic nobilis clype: A noble Family extinft ftrati us ille Marefcattorum tot & tantis hoftibus Anglia Matt. PariC 463. And Matt. formidabilis evanuit. of the Family of Pembroke being Weftm. fpeaking

llidum

led Tuteftyn, hoc eft, Panem furfuraceum vel atrum. Smith's Shop, where the Clous, or Iron-fhoes are Hift.Oxon. f. 158.*. Tenuit duas carucatas terra de made, or applied. iffOCftet'tyeaC, Cocket. Quando quarterium Domino Rege, in capite per tale fervitium deferendo paDomini Regis fuper quatuor pedes de cluario frumenti venditur pro xii. denariis ,tunc panes qu.idr an-

tes

de

nts

vi. libras, & xvi. fol. Pawaftello ponderabunt autem de coket, de eodem blado SP eodem bultello
ii.

ponderabit plus waftello

waftello v. fol.

fol.

& de

blado minoris pretii

&

&

&

ij3ame of him to tohom the Iool0 be. Anno perfon*, non funt inter legum judices numerandi. Leges P taciturn contra quofdam H. 1. c. 29. 13 R. 2. C 9. Inquijltio Cockcttatas cufiumatas extra regnum 5roroDouc0 was a Sort of Trench Money, vequi lanas non Inter Recorda de Reg. Scacc Mich. ry bad Prohibita duxerunt. moneta alienigenarum furreptieft 25 E. 3. Et BaJlivifui capiant ad Caput pontis de Bc- tia &> illegitima quam polardos, Cocodoncs & Rofarewyk omnes homines venientes cum lanis, coreis vel rios appellabant, quipaulatim &> latenter loco irrepfePla. runt Sterlingorunu vendendis ftne ligno quod vacatur Coket. pelltbus Walfingham in Ed. I. 1300. See Pollards. Pari. 21 Ed. 1. A Cock-fwain, Coxon, Boat-man, or Cocket is ufed for- a Sort of Meafure, as we Cocfetufl.. Vid. Coggle. fee in Fleta. Lib. 2. cap 9. "Pants veto integer Seaman. may abit unum Coket Qp dimiCocufa, Coculum, A Cogue, or little Drinkingquadrantalis frumenti ponder dium : It is alfo ufed for a Diftin&ion of Bread in cup, in Form of a fmall Boat, ufed efpecially at the Statute of Bread and Ale, made 51 Hen. 3. Sea ; and ftill retained in a Cogue of Brandy.

&

Cobicif,

c o
CoDiCll,((W/rt7/w,) A Schedule or Supplement * Will, 'or fome other Writing Sonic Writers, and a Codicil together, conferring a Tcftamcnt call a Tcftamcnt a great Will, and a Codiul a little one; and compare a Tcftamcnt to a to the Boat tied to it. Ship, and the Codicil Cod'uil is ufed as an Addition annexed to a Teftament, when any Thing is omitted, which the Tcftator would add, explain, alter or retract; and is the lame with a Teftamcnt, but that it is without an Executor. See Swiub. p. i.feff. i. and a 22. Tomhjlonc of Willi, pag. i, Coffet, Mentioned^ 1 J Car. z. cap. II. A Kind of Drink, originally ufed among the Turks and
to
:

CO
eft, Intelligent, Corr.itio, with ufed divcrfly ; fomctimes fignifying a Badge on Waterman or Serving-man s Sleeve, which is commonly the Giver's, whereby be is difcerned to belong to this or that Matter. Sometimes an Acknowledgment of* Fine, or Confeflion of a Thing done, as Cognofcens lairo. BraB. lib. J. trait. t. Id. lib. cap. 3. io. 3i. Cognofcere ft ad ViUanum.

Cognifancr, Id
is

us

As alfo to make Cognifarut of 4. trad. 3. cap. 16. taking a Diftrcfs : Sometimes as an Audience or Hearing of a Matter judicially, as to take dgniSometimes a Power or Jurifdi&iou, as fance. Cognifance of Pleas is an Ability to call a Caufeor Plea out of another Court, which no Man can do and from them brought to us: It is thick, but the King, except he can fhew Charters for Perfians, t : For fuch blackifli and bitter, made from Berries of that Cognifance lies not in Prcfcription. Nature and Name, and now agreeably in Ufe as Manwood, cab. 3. num. 2. Sec the Terms of the

a wholfome Liquor.
fLoft'3, Cottages.

Law, and
fance.

New

Book of

Entries,

verb.

Contr-

Sec Domefday-Book, thus inter-

Mr. Agar. preted by Cofferer of trie fcing'g floulbofo, Is a principal Officer of his MajcHy's Court, next under the Controller, that in the Counting Houfe, and elfewhere at other Times hath a fpecial Charge and Officers of the Houfe, for Ovcrfight of other their Demeanor, and Carriage in their Ofgood
fices, to all

Cognitionee', Enfigns, Arms, or rather a military Coat painted with Arms : Cum viderunt hopes
Chrifii armis, vexiUis

Q*

cognitionibus;>;cr*r4/, fc>c
Is

Mat.

Parif. 1250.

Cogmfionibus mittenbi*,

which he pays their Wages.

El. cap.
7.

He

is

or other that hath Power to take a Fine, who having taken Acknowledgment thereof, defcrreth to certify it into the Court of Common Pleat,

a Writ to a Jufticc,

made mention of 39
CCofra,

commanding him

to certify

it.

Cogtr, (Cogones) feems to be a Kind of Veffel or & domus eleemofynarU de Pontcfrafto, Boat, upon the River Oufe and Humber, mentionCufios Collegii & Minifhi ejufdem non funt dotati cjuacunaue dote ed in the Stat. 23 H. 8. c. 18. Alfo a fmall Ship; vivente fundatore ejufdem. Sed for I find in Matth. Wefim. An. Dom. 1066. temporal/ feu fpirituaii, certam fummam pecunU Venit ad hoc in Angliam (Rex Noricorum) trecentis futrunt Stipendiarii capientes Munimenta Hofpit. SS. Coggonibus adveHus. About Scarborough they have de Cofris diBi Fundator'is. ftill a Sort of fmall Vcffels, which Trin. de Pontcfracto, MS. f. 50. they call CogUpon fome of the Sea-coafts in Tork- glei, the little Cogs. ^toggle. a fmall Fifhing-Boat is called a Coggle, i, e. Cogtoare, Seems to be a Sort of courfe Clothes Jbire, a little Cogge ; and in fome Places by Corruption made in the North of England, mentioned in the a Cobble, rrom the old Teuton, Kogge, a Ship : Stat. 13 R. 2. cap. 10. where there is Mention alfo Whence the Lat. Coggo, Cogga, &"c Anno 1066. of Cogmen, that is, Buyers of, Makers or Dealers Venit ad hoc in Angliam (Rex Noricorum) trecentis in fuch Cogware. Coljua is a promifcuous Multitude of Men in Coggonibus adveBus. Mat. Wefi.fub ann. Praparaa Market or Fair, and Cobuagium is a Tribute tis cogonibus, galleis 6? aliis navibus onerariis 600 naves, f 24 coggas bene preparatas. Mat. paid by thofc who meet there : guieti ab omni ann. 1 2 18. Hence our old Sax. Cockede, a Theloneo, pajfagio, &>c.
>

Reg.Org. 68.

b.

Coffer, Cheft, or Trunk.

Par.fub

Pontagio,

Seaman
Qocjeti,

called in the
cap.

Laws of King H.

and

thefe Laws,

made

The 81. Cothfeti. in the Reign of

by
Cocarius,

29. old Gloffary to

I. c.

Du

Cohuagio,

paliagio,

Cange.

Edward

III.

interprets

Cocfade,

which Du

Coif, (Coifa, Fr. Coiffe,) Our Serjeants at Law arc otherwile called Serjeants of the Coif; from the

Frefne
:

fcems

mifunderftand for Coauus, a Cook Whereas Co.arius is indeed a Coker, or Boat- man, from Coca, Coquia, a Boat As with little Variation, a Coggefuane, a Cock-fwain, now a Coggefon, or Hence the old Lat. Coxon, is an Officer in a Ship. a wandring and begging Seaman ; Cogcio, Coccio, which Sir Henry Spelman (who rarely trifles) believes to have been Co called, from the Greek xffljti/s> Lugeo, Ploro. But the true Name and Original was' Cogciones, Cog men, or Boat-men, who after Shipwreck or Lofles by Sea, travelled about to defraud the People, by begging and ftealing,
to
:

Lawn Coif they wear on their Heads, under their Cap, when they arc created, and always after. See Serjeant, and Matt. Paris in an. 1250. and
Fortefcue de

The Ufe of it was

other wife

Anglia, tap. 50. to cover tonfuram Cleriealem ; called Corona Clericalis, becaufe the

LL.

clofc fhaved, and a Border of Hair left round the lower Part, which made it to look like a Crown. See Tena. Coin, Cuneus, vel cuna, Seems to come from the French Coigne, Angulus, a Corner; which probably verifieth the Opinion of fuch as hold the ancicnteft Sort of Coin to be cornered, and not till they were reftrained by many civil and good round ; of this Lawyers Subftantivc Cuna, comes Laws. ut Qp Cogciones, qui fine their Verb Cunare, to Coin. Cremp. Jufi. of Ptace, ifii Mangones

Crown of the Head was

omni lege vatrabundi vadunt per ijlam terrain, non finantur vagari, &P deceptiones hominibus agere. Vide

fol.

liO.

Coinage, (Cunagium) Befidcs the general Signification, relating to Money, it is by a Law Spelm. in voce, OP Du Frefne. provided, That aJl the Tin in Cornwall, after COgfrtefball in EJfex. See Anfa. Sec Cefinage. it is caft and wrought, fhall be weighed and Cognafione. CognifO* or ConufO:, Is he that paffeth or ac marked by the Kind's Officer, with a Lion knowledgcth a Fine ofLandsorTenemcnts to an- Rampant, which is culled Coinage. Briton, f. 186. other. Cognifet or Connfte, is he to whom the and anno 1 1 H. 7. cap. 4 Some Authors write it
Fine
is

Fines, felt. 2.

acknowledged. 52 H- S. 5.

IVeJl.

Symb. part.

1.

Tit,

Cunage.

Coin.

CointffE0 are Garments made of Silk or fine mortem alterius, &>c. dire&ed to the Juftices of the Linen MiHe enim milits &> amplius, veftiti ferko ut Common Pleas, commanding them to dire& their ex parte Regis Writ to the Bifhop, for the admittinga Clerk in vulgariter hijuamur Cointcfes,*> ttuptiis the Place of another, prefented by the King, Matt. Parif. 1252. apparuerunt. who died during the Suit between the King and Cobtt. See Cocket. The Cocketting or taking Account the Bifhop's Clerk; for Judgment once patted for ffiobetratio. of Goods to be tranfportcd, in order to receive the King's Clerk, and he dying before he be adthe dueCuftom.and give the Ticket of Difcharge. mitted, the King may give his Prcfentation to
:

Ordinatio de cokettatione lanarum fail*. Clauf. another.

33 Ed. 3. m. 37. COlb^Obe. See

Pontes.'

Collation Of <>eal. This was, when upon the fame appending Ribbon, or Thread, or Label,

one Seal was let on the Back, or reverfe of the Ad majorem fecuritatem prxmijjorum SigilColianDfr*ffeP or rather Coriander-feed, Semen other. Coriandri, is the Seed of an Herb fo called, medi- lum difcreti viri Officialis Domini Batho- Well. Epifcocinable and wholfomc for divers good Purpofes ; pi filo medio per modum Collationis, Sigillo meo appo ". fol. which fee in Gerard's Herbal, lib. 2. ca. 379. It is ni procteravi. Cartular. Abbat. Glafton. MS. fa numbered among the Drugs that are to be 105. b.
dLohiitfter. See Colonia.

Thefe Coliberts in Civil Law were only thofc Freemen, who at the fame Time had been manumifed by their Lord or Patron. But the Condition of a Colibert in Englifo Tenure, was (as Sir Edward Coke aflerts) the fame with a Soke-man, or one who held in free Soccage but yet was obliged to do cuftomaCoiibertUR,
Collibertus, Con-libertus.
;

garbled.

An.

jac.

c.

19.

collatione facta uni poff mortem altering, Is a Writ directed to the Juftices of the Common
Pleas, commanding them to direft their Writ to a Biftiop, for the admitting a Clerk in the Place of another prefented by the King, who, during the Suit between the King and {he Bifhop's Clerk
is

departed this Life. For Judgment once paft for the King's Clerk, and he dying before Adin mittance, the King may beftow his Prcfentation ry Services for the Lord. The Word occurs has to another. Reg. of Writs, f. 31. b. Dome/day ; though I think no Gloflographer Lib Uomefday. Sourollarione JBmmitagii, Is a Writ whereby cited it from thence.
merfet.
ibi

Epifiopus VVinton tenet Fantone, the

quater xx. villani, Cf quater xxii. bordarii, xviii. Porcarii. ferui, c xvi. Colibcrtr, So again, Glou efirefcire : Bri&ric,

&

&

Ixx.

mitage 308.

King conferreth the Keeping of an Herupon a Clerk. Reg. Orig. fol. 303,

Church built and enCoIffCifftt Cfltircft, us Algari tenebat Turnebiri T. R. E. ibi xxiii. Bor- dowed for a Society, or Body Corporate of a xv. Servi, fV rv. Coliberti, ibi ii. molendini, Dean, or other Prefidcnt and fecular Priefts, as darii, Qpc They were certainly a middle Sort of Te Canons or Prebendaries in the faid Church. There nants, between fcrvile and free, or fuch as held were many of thefe Societies diftinguifhed from their Freedom of Tenure under Condition of fuch the Religious, or Regulars before the ReformaWorks and Services ; and were therefore the tion. And fome arc now eftablifhed, as Wefiminfili-

&

fame Land- holders,

whom we meet under

effe.

the

tier,

Name
It

of

Cotiditiovales-

Libertate carens Colibertus dicitur

Du

Frcfnc.

Wind/or, Rippon, Wolverhampton, Southwell, Manchejter, &Pc. CoDefO?D. See Cilurum. CcUufion, Collujio, Is in our Common Law, a

fee.

be the fame with Colonus, which deceitful Agreement, or Compact between two or more, for the one Party to bring an Action aCollarfral, Collateralis, Cometh of the Lat. La- gainft the other to fome evil Purpofe, as to deAnd in fraud a third of his Right, &>c. See the Terms of terale, that which hangcth by the Side the legal Senfe it differs not from the fame and Bra. Tit. Collufion. See alfo Ac-J^e Law, fol. 142. ceptation foj Collateral Aflurance, is that which the Cafe of Collufion, Reg. Orig. f. 179. a. Wefi. 1 is made over and befide the Deed it felf. Fore*. 32. and 8 H. 6. ca. 16. which gives the Quale Example, If a Man covenants with another, and J-us, and Inquiry in fuch Cafes Gifts made by enters into Bond for the Performance of his Co- Collufion. See 50 E. 3. c. 6.
to
:

fecms alfo

venant, the Bond is termed Collateral AJfurance ;| because it is external, and without the Nature and Effencc^of the Covenant. And Cromp. Jur} That to be fubject to the Feeding fol. 185. faith, of the King's Deer, is Collateral to the Soil within the Foreft. In like Manner we fay, That the Liberty to pitch Booths, or Standings for a Fair, in another Man's Ground, is Collateral to the Ground. The private Woods of a common Perfon within a Foreft, may not be cut without the King s Licence for it is a Prerogative Collateral to the Soil. Manwood's c. 8. num. 2. Forejl Laws, Collateral ftliarratitp. See Warranty. (LoHafiOU Of Krneficf, Collatio Beneficii, Signifies properly the Bellowing of a Benefice by the Biftiop that hath it in his own Gift or Patronage,
;

ColOllia, Colchefier in Ejfex.

CofOtlUB,

An Husbandman

or

Villager,

who

was bound to pay yearly a certain Tribute ; or at certain Times in the Year to plough fome Part of the Lord's Land, and from hence comes the Word Clown : He was called by the Saxons Gebure, and by the Dutch Bowre, Colour, Color, Signifies in a legal Acceptation a probable Plea, but in Truth falfe, and hath this End, to draw the Trial of the Caufe from the Jury to the Judges. As for Example, A. brings an Aflife of Land againft B. and B. faith, He himfelf did let the fame Land to one C. for Term of Life, and afterwards did grant the Reand afterwards C. verfion to A. the Demandant the Tenant for Term of Life died, afrer whofe and diffcreth from Inftitution in this, that Infti- Deceafe A. the Demandant claiming thcRcverfitution into a Benefice, is performed by the Bifhop, on by Force of the Grant (whereto C. the Tenant at the Motion or Prcfentation of another who is did never attorn) entrcd, upon whom B. entred, Patron of the fame, or hath the Patron's Right againft whom A. for that Entry brings this Aflife, for the Time; yet is Collation ufedfor Prcfentati- &V. This is a good Colour, becaufe the common on. 25 E. 3. Stat. 6. And there is a Writ in the People think the Land will pafs by the Grant
;

Regifter, 31.

6,

called

Be Collatione

faffa uni poft

without

without Attornment, where indeed it will not grants to the Barons, or Freemen of the Port of in an Action of Trefpafs, Colour Feverjbam, quietantiam it omni Theolonio, &> pafs, &c. Alio muft be given, of which there arc an infinite confuetudine ficut ipfi &f Anteceffaeet fui, & Number; take this one for a Pattern of the Reft. Combarones fui de Qumque Portnl.ui earn melius &> In an Action of Trefpafs, for taking away the plenius habutrunt tempore Regit Edwardi. PlaEd. 2. MS. penes Dom. Plaintiff's Beafts, the Defendant faith, That be- cit. tempore Ed. I. fore the Plaintiff had any Thing in them, he Fountains. Now the Title of Barons of theCinquchimfelf was poffeffed of them as of his proper Ports is restrained from the common Inhabitants, Goods, and delivered them to A. to deliver to to diftinguifh their Representatives in Parhim again, when, &c. and A. gave them to thejliament ; the Word Combaron is now likewife Plaintiff, and the Plaintiff fuppofing the Proper- ufcd for * Fellow-Member, the Baron and his in A. at the Time of the Gift, took Combaron. ty to be Combaf, Duettum, Is a French Word fignifying them, and the Defendant took them from the Plaintiff, whereupon the Plaintiff brings an A- the fame with certamen, pralmm, pugr.a, and in ction ; that is a good Colour and a good Plea. our ancient Law was a formal Trial of a doubtful See more hereof Doilor and Student, lib. 2. cap. Caufe or Quarrel, by the Swords or Bartons of and Broke, Tit. Color, in Affifc, Trefpafs, &c. two Champions: Of this you may read at large 1 3. both in divers Civilians, as Paris de Puteo de re 104. fel. ColourofflDff.Cf, ColorOfficii, Is always taken Militari &> Duello, Aldat. de Duello, Hottoman d,fin the worft Pan, and fignifies an Act evilly putatio Feudalium, cap. 41. and others; and comdone by the Countenance of an Office, and it mon Lawyers, namely GlanvJe, lib. 14.C 1. Brad, bears a diffembling Face of the Right of an Of- lib. J. Trail, a. ca. 3. Britton, c. 22. Home's Mirror is but a Vail to the Falf'f 7-fiices, lib. 3. cap. Des Exceptions in fineprox. rf fice, whereas the Office hood and the Thing is grounded upon Vice, and cap. jut amentum Duelli. Dyer, fol. 301. num. 41, 42. the Office is as a Shadow to it, it is but Colore Offi Cambden in his Brit. fol. J19. mentions a Co -bat. Virtute of the Of- between Alan de la Zou.h, and John Earl of Wareii ; when as Virtute Officii, by the beft Part ; and where ren, in the Year 12 6o. The lart Trial fice, is taken always in by the the Office is the juft Caufc of the Thing, and the Combat in England, was in the Sixth Year of King Thing is purfuing the Office. Plowd. in Djwand Charles the Firft, between Donald Lord Rey Appellant, and David Ramfey Efq; Defendant, both Manningbam's Cafe, /. 6*4. a. S otebmen ; but after many Formalities, the Mat2lrbo;t"B, To lop, or top Trees. Colpare Poterant etiam colpare, & habere ramiliam, [i. e. ter was referred to the King s Will and Pleato lop, and to have the Lop, or Boughs cut off) fure, whole Favour inclined to Ramfey. Baker's &> omnia genera arborunt qua in eodem marifo fut- Chron. /. 500. Sec Co. on Littl. f. 194. b. Origines Contin. Hift. CroyUnd. p. 473. rant. Juridicialee, fol. 6 J. and Spelman's doff, at large, COlpatura, Colpatura, Colpatio, Lopping, or verbo Campus. with theForeft. Topping of Trees; a Trefpafs CotTlba ffrise, and Cumba terra, does in fbme de viridi Qui autem forisfecerit in Forefia Regis Jive of our old Charters occur for a low Piece of per colpaturam, Jive per esbrumataram, five per fodi Ground, from Sax. Cumbe, Brit. Kum or Cuum, tionem turvarum, five per efboriationem mort, five per Engl. Comb, a Valley, or low Place between two culpationem fub nemore, Sv. Affifa de foreftis Hills ; which is Hill fo called in Devorfbire and And many Villages in other Parts of temp. Rich. 1. Rog. Hoved. p. 784. Cornwall. H&c cbarta cbirograpbata tefiatur COlp C Um. England obtained their Name of Comb from their Dominus Willielmus de Herle deait Situation. So Compton, CombvieU, c>c. Sec Mr. quod

&

<

Agar reports. faHis fiP in CombllCin fSeflinfse, The old way 0/ trying perveneriPt, quod is meant mixt and corrupt 1 Money, by melting it down der pofftr.t. fuppofe by Colpiciis which being cut down, upon Payments into the Exchequer. In the Time Saniplars, or young Poles, make Leavers or Lifters, in Warviickfbire called of King Henry II. the Bi/hop'of Salisbury being Treafurer, confidered, that though the Money to this Day. Colpices did anfwer Numero > Pondere, it might be deficiColyo, A Cruft, or rather a fmall Wax-Candle, a Copo de Cere ; Roveden tells us, that when the ent in Value, becaufe mixed with ( oppcr or Therefore {confilio Regit, &> Regit Brafs. fimul King of S ots came to the Englijb Court, as long as he Raid there, he had every Day, De Libera- publi.a providere utilitati) a Conftitution was made, called The Trial by Combufiion. The Prating triginta fol. &P duodecim Vaffellos Dominicos, ctice of which differed of little or nothing from ouadraginta groffos longos Colpones de dominica CandeMethod of Affaying Silver. Vide la Regis, &oHoginta Colpones de alia Candela. An. the prefent Lovinde's Eflay upon Coin, p. 7. Whether this 1194. m olfroj)*, Coltraps, an Inftrument of three I- Examination of Money by Combufiion was tore ron Spikes, fo contrived that when thrown out of ducc an Equation of Money only of Sterling, Hand, one of the Spikes is always erect, invented viz- a due Proportion of Allay with Copper ; or to caft in the Road, for galling the Enemies to reduce it to fine pure Silver without Allay, Vid. Hale of Sheriff's Horfe. They were ufed by the Romans, and cal- doth not fo eafily appear.
donee ad perfeSioncm fofterum faciendis, fe contra omnimoda animalia defen,

B. cum fuo capitate meffuagium de Rennet's Gloff. in voce Combe. una carucata tern, &> paftura ad 0B0 boves infra bofCntnbe in Domefday fignifies a Valley, as cum de fahis colpiciis infra bofcum pradiBum

R. Peny fervienti

Mr.

&

led Murices.
y.

Accounts, p. 23.
i.

otrmflO,

e.

Cutting of the Hair

Si quis Vo-

Coroin'JfcrcD, Semttt Cumini,

Is a

Seed brought

capiatur, ntillo modo fe re- forth by an Herb fo called, which you dimat; fedde ejus Comationc, &>c. damnatur. Leg. fee defcrib'd in Gerard's Herbal, lib. 2. c.

minum fuum
H.
I.

cidat, fi

may

This

CnmbaronP?,

The

Fellow-Barons, or
:

ComIII.

placed Jac. 19.

is

416 among the garbleablc Drugs

monalty of the Cinque-Ports

King Henry

Comi

c o

CO

Comifaru Commt'ffO, Is a Writ, or Commiffton, England are termed Temples ; as Temple Bruert : to take upon in Linrolnfhire, Temple Newfum in Torkfhire, *;c. whereby the Sheriff is authorifed him the Command of the County. Reg. Orig. becaufe they formerly belonged to the laid TemOf thefe read Anna 26 H. 8. c 2. and 32 Co. Rep. lib. $.fol. 71. pters. fol. 295. Cotnifaru * Ciiffro ComnuffO. Is a Writ where- jufdem, c. 24. See Preceptoriet. the CommariljtO, the Confines of the Land. Imby the Charge of a County, together with of a Caftle is committed to the Sheriff. primis de tiofhis Landimeris, Commarchionibus. Du keeping
Reg. Orig.f. 295.

a County. Ingulphus tells us that England was firft divided into Counties by King and Counties into Hundreds, and thofe Alfred, into Tithings ; and Fortefue writes that Regagain Anglia per Comitatus ut regnum Francix per Sometimes 'tis taken for BaUivatus
vtomitatui
,

mm
and

Cange. tfommpatura, A Commandry, Preceptory or Portion of Houfe and Lands, for the Accommo dation of fome Religious, efpecially the Knights Dominis Ordinis Diva Maria Vtrginis Templars. {quas vulgo Fratrum Teutonicorum vacant) certa bona

difiinguitur.

the County-Court, as in
Fleta, lib. 2. ca. 52.

Magna

Charta, cap

NuUus Comitatus Sometimes 'tis taken for a Territory or a JurifdiSion of a particular Place, as in Mat. Parif. Anno 1234. Infra metas illas continentur quadam pricdia &P etiam Civitates 6^ CaComitatui fuo afftgnare prafumunt. So in fira, quas de NottingCharta H. 2. apud Hoveden Cafiellum debitis ham cum Comitatu, CPc. Defirmis mortuis
niR de menfe in men/em.
-

unde ex bonotemporalia ac redditns empta /tint 35. rum ajfe PrafeBura ejus ordinis aliquot, (yuas vulgo teneatur Balivas, ac a commeacu ordini parando commeaturas
'

vocant) difiinB* funt &> terminate per clajfes, Append, ad Fafcic. Rerum. Vol. 2. p.
VI

3(53

int't- that this was the true Original of tht-= Rotulus, Pra&ice, tuletur Comitatus, gP legatur Jingulis annis fuper may be read at large in Durandus de Sacri Eccleia Ed. I. M. 7. fia He to 5. cap. 7. Benefciis lib Compotum Vuecomitum. Clauf. Minifteriis whom the Church is commended hath the Fruits Dorfo.

de quibus

r-on

eft

(pes, fiat

unus

& &

Otnmennam, {Ecclefia commendata, velcuflodia Ecclefia alkui commiffa) Is a Benefice, or ChurchLiving, that being void, is commended ro the Care of fome fufficicnt Clerk, to be fupplicd, till it

may

be conveniently provided of a Paftor: And

&

fnerate,

Profits thereof only for a certain Time, and the Nature of the Church is not changed thereby, but is as a Thing depofited in rhc Hands of him to whom it is commended, who hath nothing but the Cuftody thereof, which may be revoked^ unico. COimrrba, i. e. a Companion or Fellow Tra- When a Perfon is made a Bifliop, there is a Cef"Tis mentioned in Brompton in H. 2. viz. fion of his Benefice by the Promotion ; Lut if the veller. Filio fuo mandavit ut fororem fuam Of Cimitivam King gives him Power to retain his Benefice, he Sometimes it fignifies a Ihall continue Parfon, and is faid to hold it in ejus reverenter fufciperet. or Company of Robbers, as in Walfing- Commendam. Hob. Rep. fol. 144. Latches Troop Rep.

Comitatus, flDf oeaD ;tfarm0, ann ebtfir De* thereof tljere 10 no tjope, one ftoH (hall be maDe ano ttniruleDjComitatus, ano reaDeberp pear upon tfye account of ^>t)enff^. 10 E. 1. cap.

and

ham, Anno 1366. Interpellaverunt auyt'ilinm Regis AnglU contra magnas Comitivas, &c. CcmmanOnu'rir, Prtceptum, Is ufed diverfly in the Common Law : Sometimes for the Commandment of the King, when, upon his mecr Motion, and from his own Mouth, he fendeth any Man to Commandment of Prifon. Staundf.pl. cor. fol. 72. the Tufticcs. And this Commandment of the Juftices
as when is either Abfolute or Ordinary. Abfolute upon their own Authority, in their Wifdom and Difcretion, they commit a Man to Prifon for a Punifliment. Ordinary, is when they commit one
:

*37 *37
fcript.

See

Ecclefia

commendata

in Gloff. 10.

CommenfiStarr {Commendatarius) is he that hath a Church-Living in Commendam ; which fee. CotnmenDato^p itLetrer* are fuch which are writ by one Bifliop to another, in behalf of any of his Clergy, or other of his Diocefe, travelling thither, that they may be received among the Faithful, or that the Clerk made be promoted, or that Neceffaries may be adminiftered to both. Several Forms of thefe Letters may be feen in our Hiftorians, as in Bede. Lib. 2. ca. 18. Simeon

rather for fafe Cuftody than Punifliment And a of Durham, Anno 1 1 2 J, &V. Man committed upon an Ordinary Commandment is Commentiatl $ommftf, Perfons who by voCommand- luntary Homage, put themfelves under the Probailable. Staundf. pi. cor. 73. Again, ment is ufed for the Offence of him that willcth tection of any fuperior Lord. For ancient HoMan to tranfgrefs the Law, or to do any mage was either Predial, due for fome Tenure ; another Thing contrary to the Law, as Theft, Murder, or Perfonal, which was either by Compulfion, as a and fuch like. BraB.Iib. 3. traB. 2. cap. 19. Les Sign of neceffary Subjection ; or Voluntary, with a
Civilians appellent ce
lefciis

Angelus de maLey, 14J. C mmsnr-jp, ( Prtceptoria ) was a Manor or chief Mefluagc, with Lands and Tenements ap-

Commandment
la

Defi re of Protection.

Termcs de

Protection of any Man of Power, were faid Commendarefe in manus ejus, and were therefore fomethereto, belonging to the Priory of St. times called Homines ejus commendati ; and fome'chn of Jerufalcm in England and he who had the times limply Commendati, as often in Domefday5crtaining Government of any fuch Manor or Houfe was Book. Tho* we have loft the Meaning of the called the Commander, who could not difpofe of it Phrafe, yet we ufe it in this Complement, Comout to the Ufe of the Priory, only taking thence mend me to fuch a Friend, which is no lefs than, Vide his own Suftenance, according to his Degree, who Let him know I am his humble Servant. was ufually a Brother of the fame Priory. New Spelman of Feuds, cap. 20. Commen&at! DimiDii, Perfons who depended Eagle, in the County of Lincoln, was, and (till is, called the Commandry of Eagle, and did anciently ontwofeveral Lords, and were to pay one half belong to the faid Priory So were Slebach in of their Homage to this, the other to that. Subin mi commendati were fuch, as like Undcr-Tenants, Pembrol'ejhire, and Shengay Cambridgefhire, Commandries in the Time of the Knightt-Templcrs, were under Command of thofe who were themThefe in many Places of felves depending on a fuperior Lord. And again fays Camden.
; : j

voluntary

Homage

And thofe who by doing put themfelves under the

O.

l~)imidi V'midiA

c o
Dimidii Subcommendati,

c o
H

on

who bear * double ReUti- judgment ; as the Commiffion of Purveyors, it Lib. DomefJaf,\/L cap. 28. But with the Epithet ( High ) is ufed fuch depending Lordi. fa parva Thornhtm due HberiH#mt-\ tor the Honourable Commiffion Court, inftitutcd Suffolk. mi, unui eorum fuit Commcndatus Ulreva cT alter and founded upon the Statute 1 Elr.. cap. 1. but for divers Rcalons utterly aholifhcd and taken aDimidius Subcoramendatus Anteceffori Malet. COminf ItOaf U*. In eadem Villa tenet Ailvi Com- way by the Statute made 16, 17 Car. 1. cap. 10 mcndatui Antec effort (Mallet) do Acras pro Manerio. and that again explained by another Act, 3 Car. that lives under the 2. cap. 2. Suttolk.
to
1

Domefday,

Mentioned 18 El. a Commiffion under the Great Seal, to aflociate two or more learned Perfons, with the pe Patrono teneri fide Sf obfequio, fine juramento aut aliqua tenura ; lUt fide fed itemque feveral Jufticcs in the fevcral Circuits and Counjuramento, tenura ; Vaflalus autem bit omnibui, fays Spel- ties in Wales. fine Coinmiilion Of 3lnfkfpati0t1, Was a CommiJ man. acommercione*, Conimarrtonejr, thofe who fion under the Great Seal, to collect a Sub live in the Confines or utmoft Limits of a Place. fidy before the Day, Anno } ft 8. Co. it. Rep.
tfoiiimiffion of SffOCiafior,
0.

9ne Protection of a greab, Man. Differre videntur VafTallus, Affidatus, & Commcndatus ; Hie nem-

cap.

Is

&

Si quit inter
ciat.

Commarciooes

Cange. ComillinaltP, or rather Commonalty, or Commonalty ; Signifies the middle Sort of the King's Tout le Commune d'EngleSubjects, xlnfi.fol. 599. are fuch of the Commons as railed beyond terre, the ordinary Peafants, come to have the manaDeging of Offices, and by that Means are one which are fuperior to gree under BurgefTes, them both in Order and Authority, as in Comare faid to confift of panies incorporated, they Matter, Wardens and Commonalty; the firft two being the Chief, the middle Sort fuch as are See Communitas ufually called Of the Livery. that this Word Commonalty inRegni. Blount

Du

regni nefiri roberiam fa- fol. 120.

COilimiffiOn Of WebfUion, Commiffio RebeUionis, Writ of Rebellion, Breve Reotherwife called beUionis, and iffue* when a Man(afrer Proclamation iflucd out of the Chancery or Exchequer, and made by the Sheriff, to prefent himfcJf under Pain of his Allegiance to the Court by a certain
Is

As in Articul. the King's Subjects. 28 Ed. I. cap. 1. Tout le Commune fuper Chart. all the People of England. d'Engleterre fignifies a Title of EccleCommtftarp, Commiffarius, fiaftical Jurifdi&ion, appertaining to fuch a one as excrcifeth Spiritual Jnrifdiction (at the leaft fo
cludes
all

fays

Day) appears not. And this Commiffion is directed by the way of Command to certain Perfons, to the End, that they, three, two, or one of them do apprehend, or caufc to be apprehended the Party as a Rebel and Contemner of the King's Laws, whercfocver they find him within the Kingdom, and bring him, or caufe him to be brought to the Court, Upon a Day therein affignThe true Copy of this Commiffion or Writ, ed.
you have in Cromp. furifd. Court de Star-Chamber, as alfo in Wefi. touching Proceedings in Chancers, feB. 24. CommiffiOtlrr, Comm'tfftonariut, Is he that hath Commiffion, as Letters Patent, or other lawful
Warrant, to execute any publick Office, as ComOffice of Fines, and Licences mifftonert of the Tit. Fines, fell. 106. ComWefi. Part. 2. Symbol 1 in c. 26. Eyre, Anno J E. mijponers Commiffioners
<

far as his

8. 5. ia Car. t. ca. 6. with infi23 nite other fuch like. Provin. c. 1. de Accufat. Sfc. And Comtrirttr , Is he or they to whom the Confeus. Lyndeviode's he is ordained to this efpecial End, That he fup- deration, or Ordering of any Matter is referred, and Office, in the either by fome Court, or Con fen t of Parties to ply the Bifhop's Jurifdi&ion Out-Places of his Diocefe, or elfc in fuch Pa- whom it belongeth. As in Parliament, a Bill rifhes as be peculiar to the Bifhop and exempted being read, is either confented unto and patted, the Jurifdi&ion of the Archdeacon ; for or denied ; or neither of both, but referred to where either by Prcfcription or Compofition, the Confideration of fome difcreet Men appointed Itrom be Archdeacons that have there Jurifdiction with- by the Houfe farther to examine it, who there* in their Archdeaconries, as in moft Places they upon arc called Committees : Committee of the there have, this Commiffary is fupcifluous, and King. Wefi. Par. 2. Symb. Tit. Chancery, feB. moft commonly doth rather vex and difturb the 144. This Word fecmeth to be fomethingl Country for his Lucre, than of Confcience feek ftrangely ufed in Kitchin, fol. 160. where the Wi to redrefs the Lives of Offenders. And therefore dow of the King's Tenant being dead, is called the Bifhop taking Proteftation-money of his The Committee of the King ; that is, one committed Archdeacons yearly pro exteriori JurifdiBione, as it by the ancient Law of the Land to the King's is ordinarily called, doth by fuperonerating their Care and Protection. Circuit with a Commiffary, not only wrong the ffommoignf, Fr. a Fellow-Monk, that lives in Archdeacons, but the poorer Sort of Subjects the fame Convent. 3 Part. Infi. f. 1 5. inmmon {Commune, i.e. Quod ad omnes pertinei) much more, as common Practice too frequent that Soil or Water whereof the Vie is tcachcth. fignifies CominifltOn. Commiffio, Is for the moft Part in Common to this or that Town or Lordfhip ; as the Undcrftanding of the Law, as much as Dele- Common of Pajlure, (Commune Paftursej. BraBon, the Civilians. (Sec Broke, Tit. Com- lib. 4. cap. 19, &P 40. Common gate with of Fijhing, (Commuand is taken for the Warrant, or Letters ne Pifcariae). Idem, lib. 2. c. 34. Ccmmou of Turbamiffion)

Commiflion pcrmitteth) in Places of the Diocefe fo far diftant from the chief City, as the Chancellor cannot call the Subjects to the Biwithout their too fliop's principal Confiftory, the Moleftation. This Commiffary is great by Canonifts termed Commiffariut, or Qfficialis ferane

ofSewers,

Patent, that all Men cxercifing Jurifdi&ion ei- ry, (Commune Turbariae, i. e. of digging Turves). ther ordinary or extraordinary, have for their Idem, lib. 4. c. 41. Common of Eftover , (Commune Power to hear, or determine any Caufe or Acti- Eftoveriorum). Kitchin, f. 94, Qfc. Common is dion. Of thefe, fee divers in the Table of the vided into Common in Gnfs, Common Appendant,
!

verbo Commiffio Regifter Original,

fcmetimes

is

yet this Word Common Appurtenant, and Common pur Caufe de Vici extended further than to Matters of nage.
;

Cess*-

c o
Common in Grofs is a Liberty to have Common or Tenement, alone, that is, without any Land in another Man's Land, to himfelf for Life, or to him and his Heirs; and it is commonly paffed by Deed of Grant or Specialty. Old. Nat. Br. f. 31,
tarium,

CO
concelamento non fuerint perjurio convicli,fed potius difpenfandum effet cum eis quod ani mas in ftatera pofuerint pro pads confervatione. a

cum

de

&P

And

following he faith, Quod communes mifericord'm, vet fines comitatuum amerciatorum in finibus itinerum &c. Common Fine is a cerJufticiariorum, common Appendant and Common Appurtenant ate tain Sum of Money which the Refiants, within in a Manner confounded, as appears by Fitz. the View of fome Leets, pay to the Lord there-' Nat. Br. fol. 1 80. and are defined to be a Liber- of, called in divers Places Head-Silver, in others fuch Cert-Money, or Certum Lett, and Head Pence; and ty of Common appertaining to, or depending on, and fuch a Freehold ; which Common mull be ta- was firft granted to the Lord towards the Charge ken with Beafts commonable, as Horfcs, Oxen, of his Purchafe of the Court- Leet, whereby the Rcfiants had now the Eafe to do their Suit Kine, and Sheep, being accounted fitteft for the Royal and not of Goats, Geefe, and Hogs. nearer Home, and not to be compelled to go to Ploughman ; But fome make this Difference, That Common ap- the Sheriff's Turn : As in the Manor of Sbeapjhead, whereun- in Com. Leic. every Reliant pays 1 d. per Poll to purtenant may be fevered from the Land not Common Appendant ; which the Lord at the Court held after Michaelmas, to it appertains, but which is there called Common Fine. There is al(according to Sir Edward Coke, lib. 4. /. 37.) naQ When a Lord enfeoffed fo Common Fine of the County ; for which fee this Beginning : another in arable Lands, to hold of him in Soc- Fleta, lib. 7. c. 48. and the Statute of 2 Ed. 1. cap. the Feoffee, to maintain the Service of his 18. But the Clerk of the Market ftiall take no
little

Un-

cage,

PermifPlough, had at firft, by the Courtefy or fion of his Lord, Common in his Waftcs for nncefhis Land ; and lary Beafts, to car and compoft that for two Caufes One, for that it was tacitly Feoffee implied in the Feoffment, by realbn the could not till or compoft his Land without Cattle, and Cattle could not be fuftaincd without Pafture ; fo by Confequence the Feoffee had, as a Thing ncceflary and incident, Common in the Waftcs and Land of the Lord. And this appears by the ancient Books, Temp. Ed. I. Tit. Common 14. and 17 Ed. 2. Tit. Common 23. and 20 Ed. 3. Tit. Admeafurement 8. and by the Statute of MorThe fecond Realbn wa, for Mainton, cap. 4. tenance and Advancement of Tillage, which is much regarded and favoured by the Law.
:

Common

line,

Fine the
tion.

Anno 13 2. For Common cap. 4. Lord cannot diftrain without a

1 1

Prefcrip-

Godfrey's Cafe, Coke's

Reports.

See

Cert-

Money.
fo called, parliament Commons of the Realm, that is Knights, Citizens, and Burgcffes, reprcfenting them, do fit there. Crompt. Jurifd. o. Cl>mmO"> ^nrm mtnt is Common Undemanding or Meaning according to the lubjeft Matter, aot (trained to an exotick Senfe. Bar to Common Intendment is an ordinary or general Bar, which commonly difablcs the Declaration of flic PlainOf Common Intendment, a Will /hall not be tiff. fuppofed to be made by Collufion. Coke on Littl.

Commons
the

?ouTe of

becaufe

f.

78. b.

See Intendment.

Common pur caufe de Vicinage, (i. e. Common by realbn of Neighbourhood) is a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town. Thofe that challenge this Kind of Common, (which is ufually called Intercommoning') may not put their Cattle in the Common of the other Town ; for then they are diftrainable ; but
turning them into their own Fields, if they ftray into the Neighbour Common, they muft be fuffered. Common of Pafture the Civilians call Jut compafcendi.

Bfncl), {Bancus Communis, from the e. a Bank or Hillock, and metaphorically a Bench, High Seat, or Tribunal.) The Court of Common Pleas was anciently fo called, An. 2. Ed. 3. ca. 11. becaufc ("faith Camden in his
Sax.

Common
Banc.

i.

Britain, pag. 113.) Communia Placita inter fubditos ex jure noftro, quod Commune vacant, in hoc difieptantur, that is, The Pleas or Controverfies be-

OLOmm.'n ltfln<. After the Decay of the Roman Empire, three Sorts of the German People invaded the Britons, viz. the Saxons, the Angles, who were a neighbouring People, and the "Jutes: From the laft came the Kentijb Men, and the Inhabitants of the Me of Wight; from the Saxons came the People called Eajl, South, and Weft Saxons ; and from the Angles came the Eaft Anand Northumbrians. As thefe People gles, Mercians, had different Cuftoms, fo they inclined to the different Laws by which their Anceftors were governed ; but the Cuftoms of the Weft Saxons and Mercians, who dwelt in the Midland Counties, being preferred before the Reft, were for that Realbn called Jus Anglorum but the particular Names were Weft Saxonlage, and Menhenlage; and by thefe Laws thofe People were governed for many Ages. But the Eaft Saxons being afterwards fubdued by the Danes, their Cuftoms were introduced, and a third Law was fubftiruted, which
;

was called Dane-Lage. The Dams being ov 'come by the Norm/rxr, Henry Bilhop of Winchefter, who was nearly related to the Conqueror, told our Hiftorian Gervas of Tilbury, That upon due Con/ideration of all thofe Laws and Cuftoms the Conqueror abrogated Day in Court, as Oclabis HiUarii, Quindena fome. and eftablifhed others to which he added Pafih*, &c. which you may fee in the Statute fome of his Country Laws, which he adjudged of 51 Hen. 3- concerning general Days in the moft to conduce to rhc Prefervationof the Peace, and the Quiet and Eafe of the People. And Bench. Common 5Fine, Ymis Communis: Of this F7rf,*, this is what we now call the Common Law. Not that this was the Original of the Common lib. 1. c. 48. fid. quibus, hath thefe Words, Quibus Bufincfs finifhed by Ju- Law for Ethelbert, the firit Chriftian King of expeditis (('peaking of the fticcs in Eyre) con/ueverunt villa- this Nation, who lived in the fixth Century, Jufticiarii imponere tis, jttratoribus bundredis &P toti comitatui concelamen- made the firft Saxon Laws, which were publilhea omnes fiparatim amerciate, quod videtur volun-\ in Englifh by the Advice of fome Wife Men, whom tum, he 4
; ;
1

tween common Perfons are there tried. And the in legal Records are term'd Jufticcs of that Court See Juftkiarii de Banco. Coke on Littl.f. 71. b. Common Fleas. Common aj> in $Iea of ^anb {Anno 13 Ric. 2 Stat. 1. cap. 17.) fignifics an ordinary

&

c o
he called to
this

c o

his Afliftancc, which continue to and Lord Chief Juftice of the Court; as appqarcth 'Tis true, King Alfred, who lived 300 by Fcrtefcue, cap. 51. who cxpreflcs all the CirDay. Years afterwards, is called Magnus juris Anglicani cumftances of this Admiflion. The reft of the that Law, Officers belonging to this Court, are, The Ctnditor: Not becaufe he firft made Cufiu but becaufe, being the firft fole Monarch after Brevium, three Prothonotaries, Chirographer, the Heptarchy, he collected all the Saxon Laws fourteen Filacers, four Exigcnters, Clerk of the in the Space of 300 Years) in- Warrants, Clerk of the Juries, or Jurat* Writs, (which were made that is, he collected the belt, and Clerk of the King's Silver, Clerk of the Trcafuto one Book, the reft, and commanding them to be ry, Clerk of the Eflbins, Clerk of the Outlawries: rejected oblcrvcd through the whole Kingdom, which whofe diftinct Functions look in their proper Sec Common Bench, and 4 Infi. Jol. 99. before affected only fcveral Parts thereof, it was Places. called the Ccmmon Law, beCOIlimoir, (Br. CtommUJf, *. *. Provimia,) in therefore

properly caufe it was common to the whole Nation; and foon after it was called the Folc Right, i. e. the The Word Common Law hath People's Right. Firft, It is taken for the three Significations Laws of this Realm fimply, without any other
:

half a Cantred or Hundred, containing WallU, 12 Ed. 1. and i H. anciently divided into three Provinces, North Wales, South Wales, and Wefi Wales, othcrwife called -powyjland; and each of hen Law joined to it ; as when it is difputcd what thefe were again fubdivided into Cantreds, and e determined by the Common very Cantred, into Commotes. Sir Jo. Dodridgt's Hiought of Right to be and what by the Spiritual Law, or Admi- fiory of Wales, fol. 2. So Breiknockfiiire is found to Law, ral's Court, or the like. Secondly, For the have three Cantreds, and eight Commotes. H.fiory of It fignifics alfo a Court, as the King's Bench or Common Pleas, Wales. great Seigniory, and King's them and the may include one or divers Manors. Coke on Lit}. only to fticw a Difference between bafe Courts, as Cuftomary Courts, Court-Barons, fol. 5. 'Tis Sir Henry Spelman's Opinion, that a as Commote is half an Hundred; but GiralCounty-Courts, Pipowders, and fuch like ; Sylvefier when a Plea of Land is removed out of ancient dus, in his Itinerary of Wales, tell us 'tis but a Dcmcfn becaufe the Land is Frank-fee, and Quarter of an Hundred, viz. Grujpno f.lio ReS at the Common Law, that is, in the unius Commoti folum, id efi, quart* partis Cantredi, pleadable in ancient Demefn, or a- pc. Itinerar. lib. 1. c. 2. King's Court, and not Coiumiinanre. The Commoners, or Tenants other bafe Court. Thirdly, and moft ufually, ny is undcrftood fuch Laws as and Inhabitants, who had the Right of Common, by the Common Law, were generally taken and holden for Law, before or Commoning in open Fields, or Woods, were any Statute was made to alter the fame; as, formerly called the Communance and Commauntt, neither Tenant for Life, nor for Years, were Communa or Communia Pafiur*, the Common PaLaw for doing Wafie fturc And Communare, to enjoy the Right of punifhable by the Common till the Statute of Glouc. cap. 5. was made, which Common. A&ion of Wafie againft them But Tenant CoilimUtlP. Sec Comminalty.
Wales,
is

Stat. fifty Villages. 8. c. 26. Wales was

gives

by
for

Courtefy,
it

and Tenant
faid

m Dower, were punifhablc

Statute.

before the

See Law, and

Commune Concilium ttegnt Common Council of the King and

nu.l:, The People, aflem-

Mtrchenlage.

bled in Parliament. Sec Parliament. Communis nlacifa now fenrnoa in >caccario fMratf, Communis Placita, Is the King's Court now held in Wefiminjler-HaU, but in is a. Writ directed to the Treafurer and Barons of ancient Time moveable ; as appears by Magna the Exchequer, forbidding them to hold Plea beCharta, cap. 1 1, and alfo 2 E. 3. cap. 1 1. > Pu- tween Common Perfons in that Court, where Part 5. cap. 22. But Mr. Gwin in the neither of them belong thereto. Reg. of Writs, pilla oculi, That until the Time fol. 187. b. Preface to his Reading faith, that Henry the Third granted the Great Charter, Communication, ( Communicatio, ~) a Talking, there were but two Courts in all, called The Confutation, or Conferring with. Where there whereof one was the Exchequer, the is only a Parley betwixt two, and no perfect AKind's Courts other the King's Bench, which was then called grecment, that is, no fuch Contract between 'em Curia Domini Regis, and Aula Regia, becaufe it as on which to ground an Action, it is called a And that up- Communication. followed the King and Court Communi Cuffooia is a Writ that did lie for on the Grant of that Charter, the Court of Common Pleas was erected, and fettled in one ccr that Lord whofe Tenant, holding by Knight's

Common

Place, viz. Wefiminfter. And becaufe thS Court was fettled at Wefiminfier, therefore after that, all Writs ran, Quod fit coram Jufiiciariis nowhereas before it was, ; firis apud Weflmonaflerium Coram me vel JufiiciarHs meis, fimply without Adtain
vile

Service, died, and left his eldcft Son under Age, againft a Stranger that entered the Land, and obtained the Ward of the Body. Old Nat. Br. But this Writ is become obfolctc fincc fol. 89. Wardfhips were taken away by theStat. 12 Car. 1.
IKfgni. lommunitas.

Henry Second's Time, before the Court was erected ; the other in the later Time of Henry the Third, who erected this Court. All Civil Caufes, both Real and Perfonal,are or were in former Times tried in this Court according to the ftrict Law of the Realm. And by Forte/cue, cap. 50. it feemeth to have been the only Court for real Caufes The Chief Judge of that Court is called The Lord Chief Jufi'ue of the Common Pleas, aflifted with three or four Aflbciatcs, which are created by Letters Patent from the King, and, as it were, inftaUed or placed upon the Bench by the Lord Chancellor
:

dition of Place, as he well obferveth out oiGlan- cap. 24. the and Bradon : The one writing in CommUnifa

Tota ten*,

commur.it.ts,

Regni

totius

Thefe Phrafcs have been

of late Years thought to fignify the ordinary People, and Freeholders ; or at be.t Knights and

Gentlemen, under the Degree cf Batons, as if they were the Community of the Land, and had been alwafs fo eftecmed. But anciently the Baor Military rons only, and Tenants in Capite, Men, were the Community of the Kingdom, and thofe only meant, taken and reputed as fuch in our molt ancient Hiftorians and Records. See Dr. Brady's Gloflary, at the End of his Introdufton to Eng. Hift.

..^_..i

Co*

ComOJth, (Cemortha,) from the Britifh Cym- Date the eleventh Day of May 1669. To Have a and to Hold the Land in S. for three Years from morth, {Subfidium) A Contribution ; Subfidium 2 6 Hen. 8. henceforth, and the Indentures are delivered the cMatum. Anno 4 4. t. 17. pluribus fourth Day of June, in the Year aforefaid In c. 6. prohibits the Levying any fuch in rValei, or the Marches, &c. It feems this Comortb was ga- this Cafe, From henceforth fliall be accounted from thered at Marriages, and when young Pricfts the Day of the Delivery of the Indentures, and faid or fung their firft Maffes, and fometimes for not by any Computation from the Date: And if the laid Indenture be delivered at four of tlje Clock Redemption of Murders or Felonies. Companagp, Fr. all Kind of Food, except in the Afternoon of the faid fourth Day, this Bread and Drink. Some Tenants of the Manor Leafe fhall End the third Day of June, m the of Feskerton in Com. Nott. when they performed third Year ; for the Law in this Commutation retheir Boons or Work-days to their Lord, had jects all Fra&ions, or Divisions of the Day, for three Boon Loaves with Companage allowed them. the Incertainty, which always is the Mother of fo where the Statute of Inrolmcnts the Antiquity of Not- Contention Reg. de Thurgarton, cited in Yet the learned Spelman interprets made Anno 27 H. 8. c. 16. is, That the Writings tingbamjbire. in the fhall be inrolled within fix Months after the Date it to be Quicquid cibi cum fane fumitur. But if fuch Cartular. Abbat. Glafion. MS. pag, 74. we find In of the fame Writings indented Writings have Date, the fix Months fliall be accounted pane, vino, & cervijla, pifce, five alio quocunque genere from the Date, and not from the Delivery ; but Companagit, five leguminis. Companion of ttje (Uarrer.Is one of the Knights if it want Date, then mail it be accounted from of that moft Honourable Order. 24 H. 8. c. ij. the Delivery. Co. lib. 5. fol. 1. If any Deed be fhewed to a Court at See Garter. Weftminfier, the Deed, by Compfllatifaum, an Adverfary or Accufer, Judgment of the Law, fhall remain in Court all Among the Laws of King Atheljlan we read that the Term in which it is ihewed, for all the Term the Bimop mould in Gompcllativum adlegiationem in Law is but as one Day. Co. lib. 5. fol. 1. If a alium perperam cogat jurejurando vel in Church be void, and the true Patron doth not docere ne

quit

prefent within fix Months, then the Bifliopof the Diocefc may collate his Chaplain but thefe fix Months fhall not be computed according to the Law, made by find out, or relate the Truth of a Caufe. twenty-eight Days to the Month, bur according Et in carnibus porcinis emptis pro Clericis Domini to the Calendar : And there is great Diverfiry in our common Speech in the lingular Number, as Archiepifcopi fuper Compertorium apud Burcefire. & Twelve-Month, which includes all the Year, acParoch. Antiq. p. 575. Compofitio menfurarum, Is the Title of an cording to the Calendar ; and Twelve Months,v/hich ancient Ordinance for Meafures, not printed, fhall be computed according to 28 Days to every and mentioned in the Statute of 23 Ben. 8. Month. Co. lib. 6. fol. 6\.b.
orda Ho.

CottiperfO'iUfn,

judicial Inqucft in the Civil Delegates, or Commiffioners to

Computo, Is a Writ fo called of the Effeft, or Dung. Compofiare, to becaufe it compelleth a Bailiff, Receiver, or Walterus Architpifcoput Chamberlain, to yield his Account. Old Nat. lay on Cantuar. remifit H. Priori &* Conventm Ecclefi* Brev. fol. 58. It is founded upon the Stature of 6* Weft. 2. cap. t. Anno 1 3 E. t. which, for Cantuar. manerium fuum de Caldccote, your terras prediBi mane- better Underftanding, PrtdiBi Prior Qp Conventm you may read. And it rii faldabmt fiP compoftabunt de exitu befliarum ibi- lieth alfo for Executors of Executors. 15 E. 3. dem. Vat. 15 Jul. 1326. Regiftr. Ecclefi* Chrifti Stat, de Provif. ViBual. cap. 5. Thirdly, Againft the Guardian in Socage, for Wafte made in the Cantuar. MS. Comprint, Properly fignifies to print toge- Minority of the Heir. Marlb. cap. 7. And fee ther but as it is ufed in common Speech among farther, where, how, and for what it lies. Reg. Dealers in Books, it intends a furreptitious Print- Origf. 1 3 J. Old Nat. Brev. ubifupra, e> F. N. B. to make a Gain thereby 116. ing of another's Copy, fol. to himfelf. This is contrary to the Statute made Con, the fame with Ken. 16 14 Car. 2. cap. 33. 16 Car. 2. cap. 6. Conable, (Fr. Convenable, i. e. Convenient or Car. 2. cap . 7. and 1 7 Car. 2. cap. 4. 4- Fitting,) f> 1 7 "Hie o^Oain fl,at tljere be mane a fciifh. Idifee* of igactje of Conabyl hepthe, creflf pud Oxon. Comp.omtfp, Compromijfum. ufually fay igernp, to foje the ctrntrj* of pour &ec!-pne, that a mutual Promife of two or more no ttranoe J&eopiHe map enter bud) certain Cempromife, is Parties at Difference, to refer the Ending of their defects', aobifeo be pou, arto he pour ^brewaro Controversies to the Arbitrement and Equity of to furl) perfono, a pou ano them think honpfl one or more Arbitrators. Wefi. par. 2. Syml. Tit. anl Conabel. Artie. Decani Capit. Sti. Pauli Ctmpremife, felt. I. defines it thus, A Cempromife Priorat. S. Helens. Dat. 21 Junii, 1439. or Submiflion, is the Faculty or Power of proContagH, the Barony of Kendall. Concealers {Concelatores) are fuch as find out nouncing Sentence between Parties at Contro* vcrfy, given to Arbitrators by the Parties mutual concealed Lands, that is, fuch Lands as arc privily kept from the King by common Perfons, having private Confcnt, without publick Authority. ComptroUe;*. See Controller. nothing to fliew for their Title or Eftate therein. Compurgsfo,*., one that by Oath juftifies an- Anno 39 Eliz. cap. 22. and 21 Jac. cap. 2. other's Innocence. See Law and Oath. They are fo called from Concelando, as Mens'from Computation, Is ufed in the Common Law for Movendo, per Antiphrafin. See 3 Part. Infl. fol. the true and inditferent Conftruction of Time, ib 188. where the Author calls them Turbidum hothat neither the one Party nor the other fhalf do minum genus. Concpffi, A Word of frequent Ufe in ConveyWrong, nor the Determination of Times referr'd at large, be taken one way or other, but com- ances, creating a Covenant in Law ; as Dedi puted according to the juft Cenfurc of the Law.j makes a Warranty. f*\, on Lit. fol. 384. As if Indentures of Demife are ingrofled, bearing Con.. 4
cap. 4.

Compoffum,

Comptjl, fuch Compoft.

&

We

&

tCotlCtOiHfOZ, A Common Council-Man, a AfTemWorthy, a Freeman called to the Hall, or

Con3?ra, May French Conduire,

cum convenijfent Conciona- (land upon torcs Anghx apud Londoniam, &>.. Hiftor. Elicn. the Time of Hcrriiig-filhing, to make figns with Edit. Gale, cap. 4<S. Boughs, &V. in their Hands unto the Filhcrs, CuiKliiuOi), Comlufio, Is when a Man by his which way the Sholc of Herrings pafleth; for own AS upon Record, hath charged himfclf that doth appear better to fuch at (land upon with a Duty, or other Thing. As if a Freeman fome high Cliff on the Shore, by a Kind of blue confefs himfclf ro be the Villain of A. upon Re- Colour that the faid Fifh caufeth in the Water, cord, and afterward A. takes his Goods, he fhall than to thofe that be in the Ships. Thefe be obe concluded to fay in any AQion or Plea after- therwife called Hewers, ( probably from the French wards, that he is free, by Reafon of his own Huyer, exclamare) and Baiters, Diuciors, and So if the Sheriff upon a Capiat to Gutders, as appearcth by the Statute Anno 1 JaioConfclTion. him dirc&ed, returns that he hath taken the Bo- bi, cap. 23. Oi.b , a Ridge of Land Quandam parceldy, and yet hath not the Body in Court at the Day of the Return ; he (hall be amerced, and if lam cujufdam Condis iuxta campum ipforum. Du Frcfne. it were upon a Capias adSatiifac. the Plaintiff may have his A&ion againlt the Sheriff for the Efcape; Cuiimtion, Conditio, Is a Rcftraint or Bridle for by fuch Returns the Sheriff hath concluded him- annexed to a Thing, fo that by the not Perforbly1

Quodam

tempore

fecm to proceed from the Gubernare they be fuch as high Places near the Sca-Coalh, at
1.'

c.

And this Word Conlufton'm taken in another mance, the Party to it (hall receive Prejudice Senfc, as for the End or later Part of any Decla- and Lofs, and by the Performance, Commodity 1. ration, Bar, Replication, &>c. As where to the and Advantage. Symb. lib. 2. feH. Weft. part. Bar there ought to be a Replication, the Conclusi- 1 56. and Co. lib. 3. Pennant's Cafe, /. 64. Of thefe on of his Plea (hall be, Et hoc paratus eft verificare. Conditions there are divers Kinds, Condition collatefclf.

If in Dower, the Tenant pleads, That he was never fcifed to render Dower, the Cone lufion mall And in what be, Et de hoc ponit fefuper Patriam. manner the Con lufion fhall be, according to the Nature of fevcral A&ions, fee Kit chin, fil. a 10, 220.

ral,
tion

Condition in
expreft,

collateral, is

Faff, Condition in Lay/", CondiCondition Condition imply'd, &c. that which is annexed to any collate-

and

ral

A3,

as that the Lcffcc (hall not

lib. 3. fol.

go

to Canter-

bury.

Co.

6y
:

which is expreft in plain Condition in Law is imthe Common Law, ment, Leafe or Grant Grant. by a peculiar Signification, defined to be the ve- ply'd, though not at all expreft in the between Parties, that intend the Alfi> Conditions are cither precedent, and going ry Agreement Levying of a Fine of Lands one to the other, how, before the Eftate, and are executed, or elfe fuband in what Manner the Land fhall pafs : In the fcquent and executory. Condition precedent, doth Form whereof, many Things arc to be confider- get and gain the Thing or Eftate made upon that Condition ed. Weft. pan. 2. Symb. Tit. Fines and Concords, Condition, by the Performance of it. Concord is alfo an fubfequent, keeps and continues the Thing or Efeci. 30. whom read at large. I Agreement made upon any Trefpafs committed ftate made upon Condition, by the Performance of between two or more, and is divided into a Con- it. Condition precedent is, when a Leafe is made for See Plowd. Life to one upon Condition, That if the Leffee will cord executory, and Concord executed. it 6. Reniger and pay to the Leffor 20 //. at fuch a Day, then he Fogafia's Cafe, where fol.+ 5 fome Opinions, That the one bind- fhall have Fee-fimplc : Here the Condition preappcareth by eth not, as being impcrfe& ; the other abfolute, cedes the Eftate in Fec-fimple, and upon Perand ties the Parties And yet by fome other O- formance of the Condition, gains the fee-fimplc. A- Condition fubfequent is, when one grants to J. S pinions in the fame Cafe, it is affirmed, That and no lefs his Manor of Bale in Fee-fimple, upon Condition, greements executory be pcrfci, That the Grantee (hall pay to him at fuch a Day bind than Agreements executed, /. 8. b. Comubtris, A Fold, a Pen, or Place where roll, or elfe that his Eftate (hall ceafe ; here the Willielmus de Putot con- Condition is fubfequent, and following the Eftate in Cattle lie together. de Thclcsford unam dimidiam virgatt Fee, and upon the Performance thereof conticeJit

Condition in FaS, is that Words in any Feoff-

ConcOjD,

Concordia, Is in

&

Ho/pitali terra in Eflbra

tis,

quiete & integre in

&
1

viis,

femi-

nues the Eftate.

f 64.
latt

See more of this in

lib.

C._

lib.

3.

terris, pratis,

concubatiis

nibus

ayfiamentis.

cum ompafturis, Canular. de Thclifproperly the keeping

and

in Lit.

3.

c.

5.

and
lib.

Perkins in
c.

the

Title

Of Conditipns.
BraZfoti,
(/'.

ford.

US.
Fr. fignifies

Cone
Fosmina
teft

flH0 iXrp.
in till

Concubinage
a

Mate,

e.

Whore for one's own filthy Ufe : But it is us'd as an Exception againft her who fucs for Dower, alledging thereby that (he was not Wife lawfully married to the Party, in whofe Lands ftie fecks

to be endowed, but his Concubine. Briton, c. BraBon, lib. 4. trail. 6- cap. 8. who tells us, That Concubinage may be lawful, Quoad htredem &* htreditatis Succeffionem ; but not Quoad dotem, Lib 3. c. 28. By which it mult nor be intended fuch a Concubinage which tends to Fornication but fuch as was allowed in Scripture to the Patriarchs, viz- Secundum legem Matrimonii, infra dignitatem
;

competent 107. keep the Accounts and Keys of the Houfe

Glan.
lib.

difponere Domui fu*. Colne, in the Saxops, fignifies Calculus, Computus ; was then held and Key, Clavis. So that a to be of Years, when (he was able to

&

14

15 Annorum)/>habere Cone Key.

&

2,

37.

num.

3.

&

Woman

And

7.

cap. 9.

hath fomewhat to the fame

is when two or more i: Oilfttierai'l (.Ccnftederatio) confederate or combine themfclves to do any Damage to another, or to commit any unlawful And tho' a Writ of Confpiracy docs not At. and in lawful lie, if the Party be not indited, tauten uxoris ducitur. Manner acquitted, for fo are the Words of the Writ ; yet falfc Confederacy between divers Pcrfons COIlDatt'. Congkton in Chefiire. in Execu Cotltierctim, Chefter upon the Street, in the Bi- (hall be puniflied, tho' nothing be put of Durham. tion ; which appears by the Book of 27 AJJif. fhoprick

Purpofc.

Placit.

CO
Placit. 44. where two were indiftedof Confederacy, each to maintain other, whether their Matter were true or falfe and tho' nothing were fuppofed to be put in Practice, the Parties were enjoined to anfwer, fincc the Thing is forbidden by Law. So in the next Article, in the fame Book, Enquiry fhall be made of Confpirators and Confederators, which bind themfclves together, &c. This it be exeConfederacy, punifhable by Law before cuted, oiight to have four Incidents: Firft, It muft be declared by fome Matter of Profecution, as by making of Bonds or Promifes the one to the
;

c o

or denounce the Curfe of Sin as Confeffion. The aft of Confeffion was called Scrifde, whence poflibly to Jlsift or fhuffle in Difcouric, like People who are afhamed or afraid to tell all their Faults. The molt folemn Time of confeffmg was the Diy before Lent, which from thence is ftill Galled
Shrove-Tuefday.
Confirmare, it is faid,
Lit. lib.

Cmjfirtrution, Confirmatio, Cometh of the Verb quod ejl firmum facere ; and th'ereforc That Confirmatio omnes fupplet defeilus, Co. on licet id quod acfum ejl, ah initio non valuit.
3.

cap.

9.

feB.

515.

It is a

Conveyance

of an Eltate or Right in effe, whereby a voidable Secondly, Malicious, as for unjuft Rean Eftate is made fure and unavoidable, or whereby venge. Thirdly, It ought to be falfe, againft a particular Eltate is increafed. Nay, it is a Innocent. Laftly, To be out of Court, voluntavoidTerms de la Ley. ftrcngthening of an Eltate formerly, and yet rily. Ccnfffficn of fjjtt'fnre, Is, when a Prifoncr is able, though not prefently void. For Example, a Bifhop granteth his Chancellorfhip by Patent, appealed or indicted of Treafon or Felony, and of the Patentee's Life ; this is no brought to the Bar to be arraigned, and his In- for the Term dictment is read unto him: And the Court de- void Grant, but voidable by the Bifhop's Death, mands what he can fay thereto, then either he except it be ftrengthened by the Confirmation of the Offence, and the Indictment to be true,' the Dean and Chapter. Qualibet Confirmatio aut cerfeffes 1. Perficiens, or cftranging him from the Offence, pleads Not eft perficiens, crefcens aut diminuens. or elfe gives an indirect Anfwer, and fo in As if a Feoffee upon Condition make a Feoffment, euilty, be made in and the Feoffor confirm the Eftate of the fecond Effect ftands Mute. Confeffion may two Sorts, and to two leveral Ends. The one Feoffee So if Diffeifee confirm the Eftate of He may confefs the Offence whereof he is indict- the Diffeifor, or his Feoffee. 2. Crefcens, Doth is, ed openly in the Court, before the Judge, and always enlarge the Eftate of a Tenant ; as Tefubmit himfelf to the Ccnfure and Judgment of nant at Will, to hold for Years; or Tenant for the Law, which Confeffion is the molt certain An- Years, to hold for Life. 3. Diminuens, As when fwer, and belt Satisfaction that may be given to the Lord of Whom the Land is holden, confirms the Judge to condemn the Offender fo that it the Eftate of his Tenant, to hold by a lefs Rent. more of this, Weft. Symb. part. 1. lib. T.fetf. proceeds freely of his own accord, without any See Threats, Force, or Extremity uled: For if the 2. 500. F. N. B. f. 169, zi6, 271. and Lit. lib. 3. arife from any of thefe Caufes, it ought c. 9. Co. 9. Rep. Beaumont's Cafe. Confeffion As if a Woman was indicted riot to be recorded. CcmfifC.itP, Confifcatus, May be derived either for the felonious Taking of Bread, to the Value from the Lat. Confifcare, or the French Confifquer; of two Shillings, and being thereof arraigned, fhe that is, in publicum aducere : All thefe Words are the Felony, and laid, That fhe did it by drawn from Efcus, which (as Minfhew faith) oriconfeft the Commandment of her Husband ; and the ginally fignificth a Hamper or Basket, but Metonyit was Judges, in Pity, would not record her Confeffion, mically, the Emperor's Treafure ; becaufe but caufed her to plead Not guilty to the Felony ; anciently kept in fuch Hampers. And tho' o-ur whereupon the Jury found, That fhe Hole the King doth not put his Treafure in fuch Things ; Bread by Compulfion of her Husband, againft her yet as the Romans have iaid, That fuch Goods as Will, for which Caufe fhe was difcharged. 27 are forfeited to the Emperor, were Bona ConfifcaThe other Kind of Confeffion is, when ta ; in like Manner do we fay of fuch Goods as arc Affif pi. 50. And the Title ttic Prifoner confeffes the Indictment to be true, forfeited to the King's Exchequer. and that he committed the Offence whereof he is to have thefe Goods is given to the King by fuch indicted, and then becomes an Approver, that Law, when they are not claimed by fome other. As if a Man be indicted, That he felonioufly is, an Accufer of others, who have committed the fame Offence whereof he is indicted, or other ftole the Goods of another Man, when, in Truth and then prays the Judge to they are the proper Goods of him indicted ; and Offences with him have a Coroner afligncd him, to whom he may they are brought in Court againft him as the make Relation of thofe Offences, and the full Manner is, and he then asked, what he fays to Circumftances thereof. There is alfo a third the faid Goods, to which he difclaims ; by this Kind of Confeffion made by an Offender in Felony, Bifclaimer he mail lofe the Goods, although that which is not in Court before the Judge, as the afterwards he be acquitted of the Felony, and other two are; but before a Coroner in a Church, the King fhall have them as conffcated : But oor other privileged Place, upon which the Of- therwife it is, if he do not difclaim them. The the ancient Law of the Realm, was to fame Law is, where Goods are found in the Fefender, by
other.
:

abjure.
liCnnffflCU
,

a Confefftonibus. The Prielt, who received the auricular Confeffion, had the Title of Confejfor. Though improperly ; for he is rather the Confeffec, being the Pcrfbn paffive, to whom the Confeffion is made, or at leaft the who receives the Confeffion, or the ConConfeffary, This receiving the Confeffion of a Penifeffionar. tent, was in the old Engl, to fbreve, or to Jbrive, Sax. Scrifan ; whence the Party confeffed was Befcrifen ; whence our Engl. Befbriev'd, or looking like a ronfeffed or Jhriev'd Perfbn, impofed fome unConfeffarius
,

eafy Penance

Hence

to bejhrew, is to

which he difavow's, and afterwards is attainted of other Goods, and not of them, there the Goods which he difavows are confifcate. to the King ; but had he been attainted of the fame Goods, they fhould have been faid to be forfeited and not confifcate, notwithftanding his Difavowmcnt. So if an Appeal of Robbery be brought, and the Plaintiff leaves out fome or his Goods, he fhall not be received to enlarge his Appeal, and forafmuch as there is none to have the Goods. fo left out, the King fhall have them as confifcate, according to the old Rule, Quod non imprecate, capit Chriftus, capit Fifcus. And as in the Cafe aforelon's PoffelTion,
fkid,

c o
faid, the Law punifhes the Owner for his Negligence, and Connivency ; fo al'b the Law abhors Malice in fecking the Life of any, without juft And therefore if A. hath the Goods of B. Caufc. by Delivery or Finding, and B. brings an Appeal is againft A. for taking them fclonioufly, and it found, That they were the Plaintiff's Goods, and In that the Defendant came lawfully by them this Cafe the Goods are not conficate to the King, becaufc of the fa He and malicious Appeal. Sec
:

c o
panes

cum pertinentibus putmentariii. Chart* Edmundi Regis dc Anno 946. See Sextary.
CoiigletOll.

Sec

Condate.

Con/fcturr,
fitionem mortis

To

contribute.

Waram

6> compo-

'

cap. 21, 32. Coiiinoen/i, A Ceny-borow, or Warren for Ra. bits. Item dicunt, quod idem Dominus poteft capere in duabus coningcriis quas babet infra injulam
de

&

Conjc&arc.

In Lcgibus Alurcd,

Ve&a

100
ii.

cuniculos per

more

in Staundf. pi. cor.

I.

3.

ca. 24.

Inft. f.

227. cuniculus

den.

Inquif.

valet annum, quilibet de Anno 47 Hen. J.

&

Note, conffcare and forisfacere are Synonyma's; n. 32. OLOniftinrP. See Cognizance. conffcata arc Bona forisfalla. Coilfrairtt, Confraternitas, A Fraternity or BroCOIHfO;. See Cognifor. Con/urare is where fcvcral confirm a Thing by therhood, as the Confrairie de St. George, or Les

and Bona

Chivalicrs He la blue Gartiit.

Selden.

lOath.

Coilfuratio is an Oath ; and Conjuratus is the Confreres, Confratres, Brethren in a religious Houfc, Fellows of one Society. 31 H. 8. c. 24. fame with Conjurator, viz. one who is bound by OTOngeablr, Cometh of the French Conge, that the fame Oath. Ernaldus Marefcallus juratus idem omnia qutdfilius Andre* Conjuratus/wM,^' is, Venia ; and Signifies in our Common Law as dicit per much as lawful, or lawfully done, or done Mon. 1 Tom. pag. 207. with Leave ; as, the Entry if the Diffeife is congeaConjuration, Conjuratio, Is a Compound of con blc, and fo Littleton ufes it in his 410 SeSion and and juro, and fo it fignifieth a Plot or Compact made by Men, combining themfelvei together Cro. 2. par. fol. 3 1.

Conge
or agree
18 E.
is
;

t/aJrcojufr,
it is

Signifies

Leave

to accord,

mentioned

3.

in thefe

Words,

in the Statute of Fines, When the Original Writ

by Oath or Promife, to do any publick Harm But in our Common Law it is fpccially ufed for fuch as have perfonal Conference with the De:

the Parties before the Ju- vil, or evil Spirits, to know any Secret, or to a Pleader pall Jay this, Sir Juftice, conge effect any Turpofe. Anne * Eliz. rap. i6\ And fiices, d'Accorder; and the Jufl'ue pall fay to him, What the Difference between Conjuration and Witcfaraft That the one by Prayers and faith Sir R. and pall name one of the Parties, feems to be this Invocations of God's powerful Names, compels &c. Cotl^e D'tCIIirf, Venia EMgendi, Is French, and the Devil to fay or do what he commandeth fignifieth in our Common Law the King's Permif- him; the other dcaleth rather by a friendly and fion Royal to a Dean and Chapter, in Time of voluntary Conference and Agreement bciwccn or to an Abbey or Him or Her and the Devil, or Familiar, to have Vacation , to chufc a Bifhop of his own Foundation to chufe the Abbot Her or His Defircs, or Turns ferved, in lieu of Priory or Prior. F. N. B. f. 169,170. Touching this Blood or other Gift offered unto him, cfpccially Matter, Gwin in his Preface to his Readings, faith, of His or Her Soul. And both thefe differ from That the King of England as Sovereign Patron of all Enchantments or Sorceries, becaufe they are perother E fonal Conferences with the Devil, aS is already clefiajlical Archbipopri- h, Bipoprhks, and arc bur Medicines, and ceremoBenefl es, had of an.ient Time free Appointment of all faid; but thcie chanced to be nial Forms of Words, called commonly Charms, Ecclefiajlical Dignities, whenfoever they Annulum, without Apparition. voir!, invejling them firft, per Baculum and afterwards by his Letters Patent ; and that in ProConcblUill Sftrbjff, Caerhon upon Conieey in Caerhe made the EleHion over to others, under marthenpire. crfs of Time, Couomu.0 tflubiuir, Conwey in Wales. certain Forms and Conditions ; as that they pould at Conreara PefliF, A Hide or Skin drafted, a Vacation, before they chufe, demand of the King every Una pcllis ovina Conge d'Ellirc; that is, Licence to proceed to EleHi- Conreatcre, by the Currier. unum denarium, obolum on, and then after the EleHion, to crave his Rcyal Af- figna datur conrcata, valet And further, he affirmcth by good una Pcllis agnina figna datur conrcata, valet i. den. fent, &>:. Proof, out of Common Law Books, That King Regulae compoti Domus dc Farcndon. was the firft that granted this, and that it MS. fohn was afterwards confirmed by Weft, i.eap. 1.. which ConrPDium, the fame with Coniy which fee. Monachi ejus hi per totum annum pofl obiStatute was made An. 3 E. 1. and again, by the Abbas
delivered in Prefence of
; ;

&

&

Articuli Cleri, cap. 2. which Was ordained, 25 E. 3. Stat. 3. It is certain all the Prelacies in England were conferred at the Pleafure of the Prince, and the Perfons were inverted by the King's Delivery of a Staff and Ring, till Archbifli. Anfelm denied this Royal Prerogative, and prevailed with Pope Pafihal to abrogate this Cuftom by a folcmn Canon. After which, the firft

Stat.

turn

fuum

totum

Conredium
quod
Is
1

(ficut

in vita

perint) habere debent

erogabitur.

alicui indigent's pro

fua perceanima fua

Confanguineo,
Avo, fip neo, /. 226. a. Conferuaro;,
ing Arbitrator,

pag. 149. a Writ, for the which fee Reg. Orig. de Atavo, Proavo Qp Confangui-

Mon.

Tom.

delegated

Umpire, or (land-

Bifhop who came in by a regular Elc&ion, was Roger Bifhop of Salisbury, in 3 H. 1. An. 1 102. tfongHnon* 'Tis mentioned in Leg. In*, c. 23. and fignifies Joint-payment, or one who is a Companion with another in fuch a Payment or Tribute. dTonpiUf', an ancient Meafurc of fix Sextaries ; which is about a Gallon and a Pint. Et reddat
cuin-ue Congios cer*

was chofen or and adjuft Differences, tha^ fhould arife between two other Parties. Ego Simon ReHor Ecclefit me ccercioni Br] de Heyford Warine fubji iendo
rompulfioni,
res

as a third impartial Friend, appointed a Guarentcc to compofe

who

tivitibus

fudiibus
d'tcii

vel

Delegatis,

feu

Confcrvatori, quern
pag. 513.

Reltgiofi '&>

eorum

fucceffo-

duxerint eligendum.

Paroch. Anno,,

& unum

Xdromelli,

&

triginta

Ccn;

CO
Confirtoatoi
o>" rlic

c o
&

CO'iftlium {Dies Confilii) was a Time allowed 3T nice a no S>afC'fPnMirt0, &falvorum Regis conducluum, for the Accufed to make his Defence, and anfwer was an Officer appointed in every Port of the the Charge of the Accufcr. In aliis qu&rat accu habeat ab amidst? paribus fuis, Sea by the King's Letters Patent, and had 40/. fatus Confilium, His Charge quod nu/U jure debet defendi, .' c. Leges H. I. c 46 for his yearly Stipend at the leaft. was to enquire of all Offences done againft the And in the next Chapter, Si quit a juflitia Regis the main Sea, implacitatus ad Confilium exierit. King'* Truce and Safe conduBs upon out of the Liberties of the Cimjue-Ports, as the Confitfo?, a MagiftVate fo called as, Tefii Admirals cuftomably were wont to do, and fuch bus Rogero de Gant, WiUielmo Confiftord CeftrU, other Things as are declared in 2 H. 5. cap. 6. &c. alfo the Statute of ConfifityP {Confiftorium} fignifies as much as touching this Matter ; read It is commonly ufed Pratarhtm, or Tribunal. 4 H. 5. c. 7. Cotlff rijatOi Of flie Pearf , Confervator vel Cttftos for a Council-Houfe of Ecclefiaftical Perfons, or an efpccial Charge, by the Place of Juftice in the Court-Cm iftian ; a Pacis, Is he that hath Virtue of his Office, to fee the King's Peace kept ; Scflion or AfTembly of Prelates. Every Archbiwhich Peace Lambard in Efteft defineth to be a fliop and Bifliop of every Diocefe, hath a Confi Withholding or Abftinence from that injurious Jlory Court held before his Chancellor .or CommifForce and Violence, which boiftcrous and unru- fary in his Cathedral Church, or other conveniof his Diocefe, for Ecclefiaftical in their Natures prone to ufc to- ent Place ly Perfons arc Sciatis vos wards others, were they not reftrained by Laws, Canfcs. See Infi fol. 338. ceteri Dei in Anglia manent, and Fear of Puniihment. Of thefe Confervators he omnes ft'deles, qui farther faith thus, That before the Time of King quod Ebif-opales Leges, que non bene fecundum SaniroEdward the Third, who firft ere&cd Juftices of rum Canonum prte.epta, ufcjue ad mea tempora, in that by the Regno Anglorum fuerunt, communi Concilio ArchiepifPeace, there were fundry Perfons, ceterorum Epfcop.rum AbbaCommon Law had Intereft in keeping the Peace : coporum meorum Of thofe fome had that Charge, as incident to turn &P omnium Principum Regni met, emendendas jutheir Offices which they did bear, and fo inclu- dicatii. Propterea mando & Regia Autboritate pr&cided within the fame, that they were neverthelefs pio, ut nulius Epifcopus vel Ar.hidlaconus de Legibut Some E^ifoalibus amplius in Hundret placita teneant, nee called by the Name of their Office only others had it limply, as of it felf, and were there- caufam, <jit* ad regimen animarum vertinet, adjudifore named Cuflodes Pads, Wardens, or Conferva-* cium fecularium hominum addwant, &c. This Law, The former and later Sort he made by the Conqueror, fecms to give the Original tors of the Peace. which read in his Eirenarcha, of the Bipop's Confifiory, as it fits with us divided again fubdivideth, The Corporation of the great Le- from the Hundred or County Court, wtierewith in lib. 1. cap. 3. vel of the Fens, docs confift of a Governor, fix the Saxon Ti e it was joined. And, in the fame as Law of his, is further added, Hoc etiam defendo, Bailiffs, twenty Confervators and Commonalty, Aft of Parliament, 15 Car. 2. cap. 17. appears, ut nulius laicus homo 'de Legibus qut, adEifcopum by The Chamberlain of Chejler is a Confervator of the pertinent, fe intromittat, &c. Selden's Hift. of Peace in that County, by Virtue of his Office, Tithes, p. 413,414. Cnnlr.iiOrtn^n, Confolidath, It is ufed for uniting 4 Inft.fol. 212. And Pctty-Conftables are by the Common Law Confervators of the Peace, &c. Confer- two Benefices in one. Broke, Tit. Union, and Anno vators of the Privileges of the Hofpitalcrs and 37 H. 8. c. 21. This is taken from the Civil Law, where it fignifies properly an Uniting of the PofTcmplers, &c. Weft. 2. cap. 43. 4 Infi. fol 341. For Exam<^0nftDerat10 Cmii. 'Tis often mentioned in felTion or Profit with the Property. Law Pleadings Tdeo Confideratum eft per Curiam, ple, if a Man have by Legacy UfumfruBum fun'Tis adjudged by the Court ; tor Confideratio di, and afterward buy the Property or Fee-fimple i. e. Sec Curia is the Judgment of the Court, viz. as in of the Heir, Hoc cafu eonfolidatio^m dicitur. Matt. Parif. Addit. pa. 97. Semper paratus eft flare Union and Unity ofPoffeffion, and the Stat. 22 Car. 2. ad Confiderationem parium fuorum ; and in the cap. 11. 2 Mon. pa. 221. Abftulit ei dictam terram per ConfiConfpirflC)', Confpiratio, Though both in Latin and French it is ufed for an Agreement of Men, derationem Curix/, &c. Corifioerafion, Confideratio, Is that with us to do any Thing either good or bad ; yet in which the Greeks called -.vaMnytJ.*, that is the Common Law it is always taken inpejorem partem. material Caufc of a Contract, without which it It is defined Anno 33 E. 1. Stat. 2. to be an Awould not be effectual or binding. This Conside- greementof fuch as do confeder, and bind themration is cither expreft, as if a Man bargain to give felvesby Oath, Covenant, or other Alliance, That twenty Shillings for a Horfc ; or elfe implied, as every one of them fhall bear and aid the other, when the Law it felf enforceth a Confederation; as falfly and malicioufly to indit, or falfly to move if a Man come into a common Inn, and there or maintain Pleas, and alfo fuch as caufe Chiland Lodg- dren within Age, to appeal Men of Felony, flaying fome Time, taking both Meat for himfclf and his Horfe, the Law prc- whereby they are imprifoned, and fo grieved ; ing fumeth that he intends to pay for both, though and fuch as retain Men in the Countries with Linothing be farther covenanted between him and veries or Fees, to maintain their malicious EnAnd therefore if he difcharge not the terprifes. And this cxtendeth as well to the Tahis Hoft. Houfe, the Hoft may ftay his Horle. Fulbeck's kers, as to the Givers. And Stewards and Bailiffs Alfo there is a of great Lords, which by their Seigniory, Office, Parall. traB. Contracts, fol. 6. of Nature and Blood, and valuable or Power, undertake to bear or maintain QiiaConfideration And therefore if a Man be indebted rcls, Pleas or Debates, that concern other ParConfederation: to divers others, and yet in Confideration of natural ties, than fuch as touch the Eftatc of their Lords, Affeftion, gives all his Goods to his Son or Cou- or themfelves. See 4 E. 3. cap. 11. 3 H. ].c. 13. 1 H. and the fin, this fhall be conftrued a fraudulent Gift, with- and alfo iH. 5. c. 2. and 18 H. 6. c. 15. an 5.
Confervator Itidu iarum
;

&

2,

j
'

&

&

j '

>

'

in the Aft of 13 El. c. 5 valuable Confideration.

becaufe this Aft intends a

New Book of Entries, verb. Confpiracy. In the Places before- mentioned, is taken more geneConfpiracy
rally,

c o
rally,

c o

confounded with Maintename and tried by the Law* of the Land. Sec Fortefiui, But in a more fpecial Signification, cap. 32. and 4 //?. hi. 113. and cfpccially Champerty: Pryn'i it is taken for a Confederacy of two at the leaft, Animad. on 4 Infi fol. 71. Anciently he wus called or to procure one to be in- Prittceps AiilitU Domus Regis. falfly to indict one, The Conflabli of England was firft created by dicted of Felony. And rhc Punifhment of Conan Indictment of Felony, at the William the Conqueror, and continued till the /piracy, upon that the Party attainted, lofe his 13 H. 8. It was an King's Suit, is Hereditary Dignity, and deand the Frank Law, to the Intent that he be not empan- feended to Females held feveConfiable ncllcd upon Juries of Afftfes, or fuch like Em- ral Manors of the King, as being Confiable of And if England. But it being fo powerful a Dignity, it the tcltifying of Truth. ployments, for he have to do with the King's Court, that he became troublefbmc to the Crown, and theremake his Attorney, and that his Lands, Goods fore was laid afidc by Henry VIII. and not created and Chattels be fcifed into the King's Hands, his fincc, but upon particular Occafions. Out of this High Magiftracy of Lands eflreatcd, his Trees rafed, and his Body Confitble of Engcommitted to Prifon. 27 Aff. 59. Cromp. Jufi. of land, (fays Lambard,) were drawn thofc inferior Peace, fol. I 56. b. This is called Villanous Judg- Confiables, which we call Conjlablei of Hundreds and But if the Party Franchifei ; and firft ordained by the Statute of ment. Sec Villanous Judgment. grieved fuc upon the Writ of Confpiracy then fee Wtnchefier, 13 Ed. 1. which appoints, for ConferF. N. B. fol. 114, 115. Confpiray may be alfo vation of the Peace, and View of Armour, two As Confiables in every Hundred and Franchife, who in Cafes of lefs Weight, idem, fol. 11 6", &V. made by Victuallers, touching felling in Latin are called Conflabttlarii Capitales, High Confpiracies of Victuals fhallbe grievoufly punifhea. See 37 Confiables ; becaufe Continuance of Time, and InH. 8. 23. and 3 part. Infi. fol. 143. See Frank- creafe both of People and Offences, hath under thefe made others in Law. every Town called Petit COllfpirarimf, Is a Writ that lies againlt Con- Confiables, in Latin Sub-Confiabularii, which arc of F. N. B. fol. 114. d. Cromp. de Jurifd. d. like Nature, but of inferior ftirators. Authority to the o-

and

is

f.

See alfo the Regijler,f. 134. Confpirato^s are (according to the Statute) xljofe rliat 00 conffoer, 0; bint) tljcmfclbcjBf by flDatl), Covenant, o^ otljer alliance, tljat ebrri' of tljcm flinll aiD ano bear rfye other fnlfJLp and
209.
to

thcr.

The making

mallctouffp to inDite, o^caufe toinbite, 0} falfjp mobe o; maintain Pleaji : fltno alfo fuch, ae caure Chil'iy en, toitlnn flgr, to appeal Jtlrn of Ifelonp, totjerebp tljep are imp^ifoneo, ano fo^e griebeo ; ano fuch, a* retain SJSen in ttje Coun*
tcp,

bmb, JUbcrtietf oj ftta to maintain

tljeir

malicious <2Jnterp?ife0 : 3tnb trjtsf ertenoctft a? ; l amo eII to tlje Cafeer0, &s to the cSibers. .^tcbjarbg anD H5ailiff$ of great JLojOiS, tobjeh. bj> ; their Apignio^p, SDt&cr, Of. Corner, unoertakc to bear oj maintain .uarre!0, idleaa, o? ebate, that concern other Parties than fuel) n$ touctj the <rfiate of tfjeir JLo^btf, oj them* was anciently called,) and Robert Fitz-Walter Was 2 Part. Inft. An. 33 Ed. i. Stat. 1 fflbrff. Confiable thereof, and Banner-bearer of that City f. 384, and 562. by Inheritance. But thefe arc Cafiettani properly, Confiable {Confiabularius') is a Saxon Word com- as Lambard notes, though confounded in Name pounded of Cyning, or Cyng, and Staple, which with the other. See the Statute Anno 32 H- 8. the King. Lamb. cap. 38. lignify the Stay and Hold of Manwood, par. 1. cap. 13. mentions a Duty of Conftables, num. 4. But I have feen it Confiable of the Forefi. And Henry Lord Beaumont derived from Comes Stabuli, which fcems more was Confiable of the King's Army. 10 . 3. Baroprobable ; becaufe we had this Officer, and many nage if England, 2 Part, f. 5 1 h. others, from the Ctfarean Laws and Cuftoms of ConQar, Lat. is the Name of a Certificate, the Empire, as well as from the Saxons. But which the Clerk of the Pipe, and Auditors of the this Dignity, which originally was to take Care Exchequer, make at the Rcqucft of any Pcrfon of the King's Stables, was afterwards made mi- who intends to plead or move in that Court, for then the Difchargc of any litary ; and the Comes Stabuli was Thing. Anno 3 e> 4 E. 6. c. 4 chief General, called by our Saxon Anceftors and 13 Eliz. c. 6. The EftcS of a is the Confiat Heretochii. Certifying what does confiare upon Record, touchThe Word is diverfly ufed : Firft, for the Con- ing the Matter in Queftion ; and the Auditor's whofe great Dignity and Fee for it is 15*. 4A fiable of England ; of A Confiat is held to be fupcrior to a Certificate ; Authority we find many Proofs in our Statutes and Chronicles. His Function confifts in the Care becaufe this may error fail in its Contents, that of the common Peace of the Land, in Deeds of cannot ; as certifying nothing but what is Arms, a/d Matters of War. Lamb, nil fupra. evident upon Re.crd. Alfo the ExemplificaWith whom agrees the Statute of 13 R. 2. cap. 2. tion under the Great Seal of the Inrolnicnt Stat. 1. which fays, To the Court of the Confla- of any Letters Patent is called a Confiat. ble and Marfhal it appertains to have the Conu- Coke on Littl. The Difference befol. 215. b. fancc of Contracts and Deeds of Arms and of War tween a Confiat, Infpeximus, and Vidimus, you may out of the Realm, and alfo of Thin s that touch read at large in Page's Cafe, y Report. War within, as Combats, Elufonry of Arms, &>c. ConfueruOtnarnls, ;. e. a Ritual or Book, conBut it may not meddle with Battle in Appeals, taining the Rites and Forms of Divine Offices, or nor generally with any other Thing that may be the Cuftoms of Abbies and Mpnaftcries. 'Tij
,

Lords of divers Manors, Jure Feudi. Of thefe read Smith de Rep. Angl. lib. 2. c. 22. Bt. fides, thefe, there are Officers of particular Places, called by this Name, as Confiable of the Tower, Anno 1 H. 4. c. 13. ConStaundf. Pi. Cor. fol. 1 J2. the fiable of Exchequer, Anno 5 H. 3. Stat. 5. ConConfiable of Dover Cafile, Cam. Britan. pair. 139. of the Caftle of Wind/or; of the fiable Confiable Cattle of Carnarvon the Caftle of Confiable of Conway ; Confiable of the Caftle of Hardlaigb, in the County of Merioneth of the Caftle Confiable of Beaumaris Confiable of the Caftle of Carmarthen ; of the Caftle of Cardigan Confiable Confiable of the Caftle of of the CaLanctfion \ Confiables ftles of Rotblan, and Flint, &>c. Confiable Chefier, of the Caftle of London, (for fo Baynard's Caftle
I

a Petty Confiable belongs to the

men-

vel in Brampton, who writing of Ofmond, dum delicti, fecundum quad deliSum fttit magnum of Salisbury, tells us, that Compofuit ordina- ,parv:im, &* falvo contencmento fuo, mercator vero Bifliop viilanus nifi falvo lem Ecckfiaftici officii quern Confuetud'inarium va- non nifi falva Merchandifa fua, Wainagio : Which Mercy fecmcth to have been cant. where Executio non Confuffuflinibusi 9 S>ertoitiisi is a Writ of learned from the Civil Law,

mentioned

&

Right Clofe, which lies againft the Tenant that poteft fieri deforceth his Lord of the Rent or Service due to corum.
him.
77.

in

bows, aratra, aliave infirumenta

1

rufti-

of Land, into which, though I have Right unto it, I dare not enter, for fear of For BraBon, lib. 1 cap. 8. tells us, that as Comes Death or Beating. It behoveth me to hold on of me is derived from Comitatu, five a Societate, fo Con- my Right of Entry at the belt Opportunity enim tales and mine Heir, by approaching as near it as I ful is derived from Confulendo ; Reges as long as I live ; and fo I ad Confulcndum regendum populum can once every Year,
120.
*t

C Olltingfllt ft, Is fuch a TJfe as by the Limitation may, or may not happen to-velt Of which you may read to further Satisfaction in fol. 159. A Day's Chudleigh'% Cafe. Coke, Rep. I. Dies de Cor.fuetudine, CtmfUftUDO, Continual Claim, It is a Claim made from Work to be done for the Lord, as a cuftomary Time to Time within every Year and Day, to i. e. debent reddiService by the Tenant. Land or other Thing, which, in fome refpeft, i. e. tum &= c,uinque dies de confuetudine Five Days Work in a Year. Paroch. Antiq. fag. we cannot attain without Danger. As if I be
Of
this

fee

more

in

Old

Nat. Br.

fol.

Fitz.

Nat. Br.

fol.

151.

and Reg.

of Writs,

difleifed

onfttf, in

our

Law

Books,

fignifies

an Earl

fibi officiant

&

So in the Laws of Edward the Confcffor, lave the Right of Entry to my Heir. Termes dela If I have a Slave or Villain broken c. 1. Quod modo vacatur Comitatus,o/i apud Brito- hey. Again, from me, and remaining any where within the ties temporibus Ramanorum vocabatur Confulatus, gP Viceconfulcs voca- ancient Demefne of the King, being in the Hands qui wwfoVicecomites.fKw temporis of the King, I cannot maintain the VVrit DeNalantur.
Dei.

A Church full, or provi- tivo Habendo, as long as he continucth there ; but Abbas dicit quod prxdiBa Ecclefia eft if I claim him within the Year and Day, and lb confulta de ipfo Abbate f cenventu qui earn tenent in continue my Claim, until I can find him without Cartular. Radinges, MS. fol. that Compafs, I may lawfully lay hold of him as proprios ufus. mine own. F. N. B. fol. 7. 9. See more in Lit. 211. a. And the New Bo^k of EnIs a Writ whereby verb. Continual Claim. ai onfultaf ion,
Conttllfa < rrifffa.
for.

ded

Confultatio,

a Cauie being formerly removed by Prohibition from the Ecclefiaftical Court, or Court Chrifti aan, to the King's Court, is returned thither if upgain ; for the Judges of the King's Court, on comparing the Libel with the Suggcftion of the not Party, they do find the Suggcftion falfe, or proved, and therefore the Caufe to be wrongfully called from Court Chriftian, then upon this Confutation or Deliberation, they decree it to be returned again Whereupon the Writ in this Calc obtained, is called a Confutation. Of this you may read the Reg. Orig. 44, 45. ufque ad 58. Old Nat. Brev. fol. 32. F. N. B. f. 50. See alfo the Statute of the VVrit of Confutation, Anno 24 Ed. 1.
.

tries,

Sec

lib. \Tit. Eodem; and Fleta, Littl. lib. 7. and Stat. 3. cap.

6. cap.

53.
8.

32 Hen.

cap. 33.

Continuance

is

as Prorogate in the Civil

Law:

Example

Continuance until the next Affile. Tttz. Nat. Br. fol. 1 54. F. and 244. D. in both which Places it is faid, If a Record in the Treafury be
;

allcdged by the one Party, and denied by the 0ther, a Certiorari fhall be fued to the Trcafurcr, and the Chamberlain of the Exchequer ; who, if they certify not in the Chancery that fuch a Record is there, or that it is likely to be in the Tower, the King fhall fend to the Juftices, repeating the Certificate, and will them to continue the Aififc. In this Signification it is likewife ufed by Kitchin, fol. 202, and 199. and an. 1 1 H- 6. ca. 4. And Continuance of a Writ or Action is from one Term to another, in Cafe where the Sheriff hath not returned or executed a former Writ, ifiucd out in the faid Action.

and 1 Inft.fol. 105. Conttiunient {Contenementum,

cpntenemento fuo) fignifies his

as,

Salvo

Countenance, Credit, or Reputation, which he hath, together with and by reafon of his Freehold. And in this Scnfc does the Statute of 1 E. 3. and 34 E. 3. c. 7. and Old Nat. Br. ufe it, where Countenance is ufed for The Armour of a Soldier is his Contenement. Countenance ; the Books of a Scholar, his Countenance, and the like. Coke, 2 Part. Inft. fJ. 28. BraBon, lib. 3. Trail. 2. cap. 1. num. 3. And Sir
Henry Spelman fays, Contenementum eft ttftimatio &> conditions forma, qua quis in Repub. fubfiftit. But I rather think that Contenement fignifies that which is neceflary for the Support and Maintenance of Men according to their fevcral Qualities, Conditions, or State of Life: For in Magna Charta, cap. 14. you have thefe Words, A Freeman not he'amer-ed for a fmall Vault, but after the

ConfmuanDu is a Word ufed in a fpecial Declaration of Trefpafi, when the Plaintiff would recover Damages for feveral Trefpafles in the fame A&ion : For, to avoid Multiplicity of Suits,
a

Man may

in

one A&ion of Trefpafs recover

more Trefpafles ; laying the full to be done with a Continuance to the whole Time in which the reft of the Trefpafles were

Damages

for forty or

done ; and is in this Form, Continuando tranfgrefftonem prteditfam, &c. a prtdiBo die, QPc. ufque luch
another Day, including the Contour*. See Countors.
laft

Trefpafs.

ftiati

Contrabanoen CBooos (from Contra, and the Quantity of the Fault, and for a great Fault after the Ital. Bando, an Edict or Proclamation) are thofc Manner thereof, faving to him his Contcnenent, or which are prohibited by Act of Parliament, or the And a Merchant likeivife ftiall he amerced, King's Proclamation, to be imported into, or exFreehold. faving to him his Merchandifes ; and a Villain, faving ported out of this or other Nations.
to

him

cap.

1.

miles

iHontrafatifafo;, ' e. a Criminal, or one profeWaynage. And BraBon, lib. 3. trail. 2. hath thefe Words, Et fciendum quod cuted for a Crime. 'Tis mentioned in Leg. H. 1. 3. Sp liber homo r.on amerciabitur nifi fecundum mo- cap. 6 1 Contract
his

nu.

Confrart, Is a Covenant, or Agreement with lawful Confideration or Caufc. Wefi. Symb. one Thing muft be part. !. lib. l. feti. 10. or clfc given for another, which is called Quid pro Quo ; as if I fell my Horfc for Money, or covenant to make you a Lcafc of my Manor of Dale, in Confideration of twenty Pounds ; thefc arc Good Centralis, becaufe one Thing is given for another. But if a Man make Promiie to me, That I (hall have twenty Shillings, and that he will be Debtor tome thereof, and after Iask the twenty Shiland he will not deliver it ; yet I fliull nelings, ver have an Action to recover, becaufe the Promifc was no Contrail, but a bare Promiie ;

Contrafenm, To with
contratencat.
cap.
fins.

hold.

Si

quis

de.im.u

Leg.

Alfredi

apud

Broinpton,

9.

Contribulf P, {Contribunales,) Kindred, or Cou

quityuam cognationisfu* firmet turn poflta, <jut habebit erga Regent, rf portet fai dam erga coniribunalcs morlui ; that i, Let hi in be accounted as an Enemy to the Kindred of the
reus fit

Si

omnium

dead Man.

Lamb. pag.

75.

COlUtiuutiotU faneiloa, Is a Writ that licth where more arc bound to one Thing, and yet one is put to the Burden. F,tz. Nat. Brev. Jol. 161. or bringeth thefc Examples, If

Tenants

in

Common,

Joint-Tenants, hold a Miliar* indivifo, and

and, ex nudo Pallo

Thing were given

But if any equally take the Profits thereof, the Mill falling non oritur Alt'to. for the twenty Shillings, tho' to decay, and one or more of them to refilling

it were but to the Value of a Penny, then had it contribute towards the Reparation, the reft mall been a Good Contrail. Vfurious Contrail is a Contrail have this Writ to compel them. And if there be to pay more Inccrclt for Money than the Laws three Coparceners of Land that owe Suit to the and Statutes of this Realm allow. It is a Deva- Lord s Court, and the Eldeft perform the Whole, in an Executor to pay a Debt upon an Ufa- then may (he have this Writ to compel the other Jlavit two to a Contribution of the Charge, or to one of r'tous Contrail. Noy's Reports, f. 1 29. The Old Nat. BreVContrafaCtiO, Counterfeiting. As ContrafaHio them, if one only rcfufc. framcth this Writ to a Cafe, where one the King's Seal. Sigilli Regis, Counterfeiting only Suit contra foniMtn gOQatlOOijfi Is a Writ that is required for Land, and that Land being fold to divers, Suit is lies, where a Man hath given Lands in perpetual required of them all, Alms to any late Houfes of Religion, as to an or fome of them by diftrefs, as intircly as if Abbot and Covcnt, or to the Warden or Mafter all were ftill in one, fol 103. See Reg. Orii. of any Hofpital, and his Covent, to find certain rol. 176. <.OntroUer,Cotrarotulator t cometh of the French poor Men, and do other Divine Service ; if they alien the Land, then the Donor or his Heirs Contrerouleur, Antigrapbus, which in Rome was us'd fhall have the faid Writ to recover the Lands. for him, Cui id muneris injunHum trat , ut obfervet But this Writ mall be always brought againlt the pecuniam, quam in ufum Principis vel Civitatis colleAbbot, or his SucccfTor, and not againft the A- gerunt exaSores. Budxus in Annot. prio. in Pand. but in all other A- Tit. Be Qutfloris Officio. In England wc have dilienee, altho' he be Tenant ftions, where a Man demands Freehold, the Writ vers Officers of this Name, as Controller of the fhall be brought againft the Tenant of the Land. Kings Houfe, Staundf. pi. cor. f. 52. 6 H. 4. 3. This is founded upon the Stat, of Weflm. 2. c. 1. Controller of the King s Navy, 35 El. cap. 4. ConAnd of this fee Reg. Orig. f. 238. and F. N. B. fol. troller of the Cufioms. Cromp. Jurifd. f. ioy. Con;

&

Conrra nojmam
lies

for the Heir

Tenements, by Charter of Feoffment & Controller of the of a Lord, to make certain Services and Suits to Hamper, who is an Officer in his Court, and is afterwards diltraincd for more the Chancery, daily attending in Term-Time on than is contained in the faid Charter. Reg. the Lord Chancellor, or Lord Keeper, to take all This Writ lies Things fcaled from the Clerk of the Orig.f. 176. Old Nat. Breu. i6z. Hamper, to not For the Plaintiff, who claims by Purchafe note the juft Number and Effect of all Things fo' from the firft Feoffee, but for the Heir to the firft received, and to enter the fame into a fpecial Feoffee. Book, with all the Duties appertaining to his Maand other Officers for the Contramanoatin pMrifi. In Leg. H. 8. c. 59. jefty, fame, and fo the Clerk of the It feems to fignify a Rcfpiting or Giving the chargeth Hamper thereof. Controller of the Pipe, Contrarotulator Defendant further Time to anfwer An ImparPip*, is an lance or Countermanding what was formerly or- Officer of trie Exchequer, that writeth out Summons twice every Year to the Sheriffs, to dered. levy the Farms and Debts of the Pipe ; and alfo kecpContramantiariim. is a lawful Excufc which eth a Contrarollment of the Pipe. the Defendant by his Attorney alledgeth forhimController the Pell, is another Officer of the of to fhew that the Plaintiff hath no Caufe to felf, Exchequer, of which Sort there be two, viz- The" complain. Si dies ptaciti Jit Contramandatus. two Chamberlains Clerks, that do, or fhonld keep H. 1. c. 59. Leges a Controllment of the Pell of Receipts and Goings out. ContranofitiO, a Plea or Anfwer. Si quis in See Fleta, lib. 1. cap. 18. and 12 E. 3. ca. 3. who placito per juflitiam pofitofui tielfuorum caufam injuflis fay, This Officer was originally one that took Conterminationihus vel Contrapofitionibus difforciet, Notes of any other Officer's Accounts of Receipts, banc perdat. Leg. H. 1. c. 34. to the Intent to difcovcr him, if he dealt amifs ; COllfrarient. Thomas Earl of Lan after, ta- and was ordained for the Prince's better Security, king Part with the Barons againft King Edward however the fame fince may be in fome the Second, it was not thought fit in refpeef of Things otherwife apply'd. their Power, to call them Rebels or Traitors, ontTOtoo;, French Controuveur, He that of his but Contrarients : And accordingly we have a own Head devifes or invents falfe or feigned News. Record of thofc Times, called Rotulus Contrari- 2 Infi.f. 427.
tain Lands or
:

a Writ that 4Fi"off>mfnt', of a Tenant, tnfeoffed of cer-

R. 2. cap. 18. Controller of the 6. it. Controller of the Cafilc of Chefter. Controller of North Wales Controller of the Excife, c.
troller

of Calais. 21

Mint. 2 H.

entium.

Con=

terwards baniflied, Edward III. in the fifty-firft Coiltoroable, Fr. Agreeable, Suitable, ConveAnno 27 Ed. 3. Stat. 2. c. 21. Year of his Reign, gave this Houfe for the Keepnient, or Fitting. and s H. 6. c. 2. See Covenable. ing of the Rolls ; and 'tis the fame which Cobennu0 ]Rnfuiii, Convey at the Mouth of the is at this Time enjoy 'd by the Matter of the Rolls. Thames.

ConbitanfUff, i. e. one of the fame Street ConbetlHclr, (Conventiculum,) a little private or Parifh. Populus autem iftic vadit ad condiAffembly or Meeting for the Exercife of Religion ; firft attributed in Difgrace to the Schools of Bum Epifcopi, quo Qp cateri ejus Convicanei vadur.t. Wickliff in this Nation, above 200 Years fince, and now applied to the illegal Meetings of the Conbttt, ConviBus, Is he that is found guilty of an Offence by VerdiS of the Jury. Staundf. Non-conformifts, and is mentioned in the Stat. 22 pi. cor. f. I 86. Yet Crompton out of Dyer, fol. 27 J. 2 H. 4. c. 15. 1 H. 6. c. 3. 16 Car. 2. c. 4.

&

ejufdem, cap. I. tilonbentio is a

faith, That ConviBion is, either when a Man is ufed both in anci- outlawed, or appeareth and confeffeth, or elfe is ent and modern Law-Pleadings for an Agreement found guilty by the Inqueft. Cromp.Jufl. of Peace, or Covenant. For Example take this pleafant f. 9. a. ConviBion and Attainder are often confounded. See Attaint and Attainted. Record : 31 Conoid IKccufanr, Is one that hath been Ex lihro Rotulorum Curia Manerii de Hatjicld (juxta legally presented, indifted, and ConviB for refufing to come to Church to hear the Common PrayInfulam de Axholme) in Com. Ebor. El. 2. 23 er, according to the feveral Statutes of Curia tenta apud Hatfield die Mcrcurii prox. El. 1. and 3 Jac.$. This Term is generally given to Papijlsi tho' any other rcfufing to come to Ann. xi. Ed. 3. poft FeftumChurch in like Manner, are as properly Recufants.

Word much

.1

dc
ventioneni
inter

Rodcrham
eos

qui optulit fe verfus Jo- See Jury.

the one called the Higher Convocationfecundum Convcntionem inter eos faclam ; idem 'Convocation ; Diabolum deliberare noli/it, nee Houfe, where all the Archbifhops and Bifhops fit Johannes pradiBum adhuc vult, &c. ad grave dampnum ipjius Roberti feverally bythemfelves ;the other The Lower Conlxs. Et inde producit fc&am, &>c. Et prtdiBus vocation- Houfe, where all the reft of the Clergy fit ; non dedicit Conventioncm that is, all the Deans and Archdeacons, one ProJohannes venit, &>c. &> Et quia videtur Curie quod tale placitum flor for every Chapter, and two Pro&ors for all prtdiftam. In all 166 Perfons. non jacet inter Chriflianos, Ideo partes pradiBi adjour- the Clergy of each Diocefc Sec Prolocutor. nantur ufjue in lnfernum, ad audiendum judicium Anno 25 H. 8. c. 19. onu>7, Coin. Eos etiam qui Conos faciunt in fuum, & utraque pars in mifericordia, &c. Per Wilolenitis vendunt falfariis propecunia. lielmum de Senefhallum. Leg- Ethelboli,
'

Selden in Eadmer. p. 150. ConbOcatiOll (Convocatio) is the Affembly ,oi all liherationem diBi Diaboli, infra quartam diem prox. the Clergy to confi.il t of Ecclcfiaftical Masters Ad quam diem idem Robertus venit ad pra- in Time of Parliament: And as there are two fequent. diBi Dia- Houfes of Parliament, fo are there two Houfesof fatum Johannem, Sf petit deliberationem
(.

unde queritur, quod the Laity, as procuratio doth amongft the Clergy ; e. when the Tenant, by reafon of his Tenure, certo die &f anno apud Thome convenit inter pradiBum Robcrtum & Johannem, quod prtdiBus Johannes is bound to provide Meat and Drink for his Lord Potentibus vero non vendidit pradiBo Roberto Diabolum ligatum in quo- once or oftner in the Year. dam ligamine prom, ob. &> fupereopradiBus Robcrtus caufa convivandijed pro Monajlerii utilitate quoties extradidit prtdiBo Jonanni quoddam obolum-earles pedterit, ohviatidi intra infraque Monafteriumlicentiam

hannem RObertus dc Ithen

de eo quod

faclam,

&

tion

teneat

Con/'.

Conbibiutn

fignifies

the

lame Thing amongft

commoratur

Earneft-Money) per quod proprietas ditli Diaboli in perfona diBi Robcrti ad habendam de-

habent.

Scargell

&

redi, cap. 36.

Contention, Is a Writ that lieth for any Covenant in Writing not performed. Reg. Orig. fol. Fitzherbert calls it 18 J. Old Nat. Brev. fol. 101. A Writ of Covenant. Nat. Brev. f. 145. where he divideth Covenants into Perfonal and Real, maas alfohow king a large Difcourfe of them both ;

Conufance. See Cognifance. Couufanf, Knowing or underftanding ; .-tf if the Son be conufant, and agree to the Feoffment, Qpc. Co. on Lit. f. 1 59. b. Conufo^. See Cognizo*. Con&Jep. See Conovius. Coopertio 3-rbo^um, The Bark of Trees. this Writ lieth for both. ContentUfllF, Are religious Perfons united Debent habere retro panagium a Fefio SanBi Martini, of Religion. See ufque ad Feftum Purifications Beau Marise, together in a Covent, or Houfe
,

&

omnes coopertiones de maeremio e. all profirato, (. the Bark of Timber-Trees felled) ad opus Do.nini COilbnitualChurcl). See Parifh. ConbcrfO^0. The Jews here in England were Regis. Blount of Tenures, pa. 189. who by Miformerly called Converfis, viz. becaufe they were ftake renders Coopertiones Coverings or Crops of converted to the Chriftian Religion. Henry III. Timber. The fame Word occurs in the Additabuilt an Houfe for them in London, and allowed ments to Matthew Paris. Inquiratur qui them a competent Provifion or Subfiftance for ceperint coopertiones, ceppagia efcaetr.s quercuum, their Lives ; wnd this Houfe was called Domus five aliarum arborum (i. e.the Barks, rhe'Chumps, Ccnverforum- "Tis mentioned by our Hiftorians and the broken Wood) though Dr. Watts, in his Matt. Parif. and Matt. Wefim. Anno 1 244. But by Gloffary, does unhappily interpret Coopertiones to Reafon of the vaft Expences of the Wars, and be the Heads and Boughs of Trees. And the the Increafe of thefe Converts, they became a laborate Du Frefne is as much in the Dark for Burthen to the Crown ; and therefore they were the Senfe of this Word. Qutrcus difcooperta, is an placed in Abbies and Monafteries for their Sup- Oak debark'd. But the Jews being afport and MaintenanceFryer Obfervant.

&

Cooper*

c o
A

c o
A

CoopCrtO?lU.m, i. e. Culmen. Conceffi eifdem Copes or Heaps, (ai they do Barley, Oati, &V. not fragium, focalia, fiP Coopcrtia fufjicientia in om bound up) that it might be the more fairly and nibus niarifcis fip communibui vilU. Monaft. 2 Tom. juftly tithed. In Kent they ftill retain the Word Cap of Hay, pag. 815. Cap of Piafe, A Cap In PeUiaria funt of Straw. COOpertO^ilim Pellium. Pclles ft* Coopcrronum, una Peliis ovina liana daCoppire Doinuin, To cope a Houfe, or to lay n Co oper on the Roof, and Covering on the tur cor.reata valet i. den, ob. Top of it. torium Pctlium avium quod grang'iis liberatur valet Johanni Bunbury tegutatori, capienti in grcjfo ad xii. den. Regulae compoti Domus dc Farcndon. coppiendam prtdiBam domum, i'o. lib. I. den. Paroch. Antfq. pag. 575. From the Sax. Coppe, the MS. a CoverHeight or Top of a Thing; Cop, the Head or COOpcrtO^ium aOlertuni.A Blanket, Inter confuetudines Abbatu Glaftonicn- Crown, &>c. ail from the Brit. Koppa, the let. Top or Higheft Part. Hence the Cope, or fupreme habere debet in Cosna Domini fis, unufjuifijue duo Cover; as in the Proverb, Under in hieme noBurnales, th* Cope of dittrnales fotulares, ad IcBum. Cartular Abbar. Glafton. Heaven. A Cope, or upper Garment, as the outer coopertoria Veil of a Pricft ; and in Chaucer, Cope is ufed for a MS. f. 10. Wood. Cloak. Coopciturfl, a Thicket or Covert of vfiopp, Copia, Is according to the French Le Cbarta de Forefia, cap. 1 2. Eauut Coopertus, a Horfc double de quel.ue efcripture, and lignifics in a legal covered or harncfled. utonarceners, Participes, are otherwifc called Senfe the Example or Tranfcript of an original Parcerners, and in Common Law arc fuch as have Writing; as the Copy of a Charter, the Copy of a in the Inheritance of their Ance- Court-Roll, Qfc. equal Portion stor ; and as Littleton in the Beginning of his C0ppl)OI0, Tenura per Copiam Rotuli CurU, Is a third Book faith, Parceners be either by Lata, or Tenure for which the Tenant hath nothing to are the Iflue Fe- fliew but the Copy of the Rolls made by the by Cufiom : Parceners by Law, which (no Heir Male being) come in Equa- Steward of his Lord's Court ; for the Steward, as male, to the Lands of their Anceftors. Bro. lib. 2. he inrolleth and maketh Remembrances of all lity Parceners by Cufiom, are thofe that by Cu- other Things done in the Lord's Court ; fo he cap. 30. the Country challenge equal Part in fuch doth alio of fuch Tenants as be admitted in the ftom of Lands; as in Kent, by the Cuftom called Gavel- Court, to any Parcel of Land or Tenement beThis among the Feudifis is called Adaquatio, longing to the Manor ; and the Tranfcript of this kind. Hot. in verbis Feud. verb. Adaequatio. Of thefc is called The Copy of the Court- Roll, which is all may fee in Littleton at large, in his firft and the Tenant taketh from him, and keeps as his

&

&

fecond Chapters of his third Book.

c.

you

And

Britton,

The Crown Heritage divifable. of England is not fubjeft to Coparcenary. 25 H. 8.

27. intitlcd,
22.

De

cap.

as Mr. Agar hath ina Hill. It denotes alfo, acterpreted it, Signifies in his Treatife of the Licording to Mr. Manlove, and Cufioms of Mints, &c. printed 1653 berty Cuftom or Tribute due to the Lord of the out of the LeadSoil, or elfc to the King, in fome Part of Devonplre : His Words M'wtt, arcthefe,

t&tmp,

By

Dome/day- Booh,

Egrefs and Regrefs

;

to the

King's Highway,

The Miners have and Lot and Cope they pay. That which hfneable at Will, the Lord taketh at The Thirteenth Dip) of Oar within their Mine, To the Lord, for Lore, they pay at Meafuring Time. his Plcalure but if it exceed two Years Revethe Lord Demands, nue, the Chancery, King's Bench, Common Pleas, or Six-pence a Load for Cope And that is paid to th' Berghmafter'j Hands, &c. Exchequer, may reduce them to Rcafon. That which is certain, is a Kind of Inheritance, and Sec alfo Sir John Pettus's FodinA Regales, on this called in many Places Cufiomary, becaufe the Tenant dying, and the Hold being void, the next of Subjeft Copia ItbeDi nflibrranDa, is a writ that licth, Blood, paying the Cufiomary Fine, as two Shilin Cafe when a Man cannot get the Copy of a Li- lings for an Acre, or fuch like, may not be deny'd Admiflion. bel at the Hands of the Judge Ecclefiaftical. Reg, his Secondly , Some Copyholders have by Cuftom, the Wood growing upon their Qrig.f. 51. Copn*, A Cock of Grafs, Hay, or Corn, fo own Land, which by Law they could not have. divided into tithable Portions. This is the true Kitchin, ubi fupra. Thirdly, Copyholders, fome be Senfe of the Word in that Paflage of Will. Thorn, fuch as hold by the Verge in ancient Dcmcfne ; PaBi funt and altho' they hold by Copy, yet are they in Accol 1820. An. 1177. inter Script, Homines de Halmoto de Menfire in Thaneto fru- count a Kind of Freehclders for if ftich a one comomnes fuas coppare extunc deinceps, (/. e. to mit Felony, the King hath Annum, Diem e> Vafium, ges Some other hold by Comfet out their Hay and Corn into Copps or Cocks) as in cafe of Freehold. omnes decimas fuas ipfi& btredes fui mon Tenure, called Meer Copyhold, and they comQpfic per coppas a modo, QP in sternum legitime dare i. e. by a juft mitting Felony, their Land cfchcateth to the and equal Proportion of Tithing to pay the tenth Lord of the Manor. Kitchin, f. 81. chap. Tenant hat Ancient Demefr.e OOck. This Authority the Learned Du Frefne per verge in ancient Demefne.
;

only Evidence. Co. lib. 4. /. 25. b. This Tenure is called Bafe Tenure, becaufe he holdeth at the Will of the Lord, Kihbin, f. 80. cap. Copy holds, F. N. B. f. 12. where 'tis laid, That it is wont to be called Tenure in Villenage, and that of Copyhold is but a new Name: yet it is not limply at the Will of the Lord, but according to the Cuftom of the Manor: So that if a Copyholder break not the Cuftom of the Manor, and thereby forfeit his Tenure, he fcemeth not fo much to ftand at the Lord's Courtefy for his Right, that he may be difplaced at his Plcalure. Thefe Cuftoir.s of Manors be infinite, varying in one Point or other aim oft in every feveral Manor : Firft, Sonic Copyholds are fneable at Will, and fome certain :

&

cites in voce coppa

proper Place. See Tenant by Copy 0} down their Corn whereas it ftriftly Court-Roll. This is the Land that in the Saxon ly of cutting denotes the Gathering or Laying up the Corn in Times was called Folk-land. Lamb. Explication of
;

but fcems to undcrftand

;

it

on-

is,

fee in the

Q.

Saxo>\

fcripto. Weft. Symb. defines a Copyholder thus; part. i. lib. 2. feB. 646. Tenant by Copy of Court-Roll, is he which is admilted a Tenant of any hands or Tenements within a

Saxon Words, verbo Terrs ex

Ad Comitatum tentum Co2uelftta IRoba. apud LeftroythicI Com. Cornub. An. regni Regis Ed. fecundo, Magcria qua, fuit uxor ~Eci.fl. Reg. Walteri de Treverbyn, appellat Thomam Gcveil,

Manor, that, Time out of Mind, by Ufe and Cufiom Rogerum de Tyndal, &Pc. quod ipfam fpoliaverint de una cordeletta roba pro muliere mixta, uno of the Manor, have been demifable, and demifed to fuch as will take the fame in Fee, or Fee-tail, for Life, firmaculo aureo, &c. Liber Placitorum temp. Ed. I. Ed. II. MS. penes Dom. Fountaines. Tears, or at Will, according to the Cufiom of the Manor ; by Copy of Court-Roll of the faid Manor, Co,20CuMn, Skins of Leather, dreffed-at Corduba in Spain, and imported hither for the Ufe forwhere you may read more of thefc Things. Cttfaclr, A fmall Boat, ufed by the Fifhermen merly of Boots and other Calceature, and now Nee fit u lares de Cordewan upon the River Severn, near Roffal in Shropfinre chiefly for Gloves. Stat. Ordinis Semplingof a Form almoft oval, made of iplit Sallow Twigs ab aliquo accip'mnt Calceamenta qua de vili corio, quod interwoven, and on that Part next the Water ham; p. 783. covered with Leather, or Horfe-hidc, (the true vulgariter Bazan diciturjjnalutam, id eft, Cordewan, Mat. Parif. in Vit. Abbatum in which one Man, being featcd civiliter commutavit. Britifb Fafhon) Hence in the Middle, will row himfelf fwiftly with one St. Albani. Cctfuuuanarilifi', French Cordouannier, CordonniHand, while with the other he manages his De ilia Selda cum perNet or Fifh-Tackle : And coming off the Water, er, a Shoe-maker. will take the light Veffel on his Back, and carry tinentiis quam Walterus Cordubanarius dt me tettuit. Cartular. Abbatiae de Radinges. MS. it Home. an Impofition extraordinary, f. 31. a. Is Ccuaagp, Cov'Diner, Cometh of the French Corduannier, growing upon fomc unufual Occafion, and feems to be of certain Meafurcs of Corn. Brail, lib. 2. i. e. Sutor calcearius, A Shoe-maker, (we call him a Cordwainer) and is fo ufed, in diver* cap. 16. num. 6. ufes Corus tritici, for a Meafure vulgarly An. 5 H. 8. 7. of Corn ; and in the fame Chapter, num. 8. hath Statutes, as An. 3 H. 8. c. 10. thefe Words. Sunt enim qiudam communes, QPc. and others. In Englijb thus, There are certain common PreftatiILOltttg, Pools, Ponds, Qpc. Confiituerunt ei ons, which are not called Services, neither do they a- Epifcopalem Sedem apud pagum Landaff, totum corctibus fuis omrife from Cuftom, unlefs fame neceffary Occafion hap- infra TafQp Elei, cum pifcibus Such are Hidagc, Co- nibus, Qp cum omni fua dignitate. Hi ft or. Ecclef. pen, or that the King comes. raage, and Carvage, and many others, which are Landaven. apud Whartoni Angl. Sacr. P. 1. pag. From the Britifh Cored. Et cum corporibus performed in Cafes of Necefftty, by the common Covfent 66i. ad fepulturam fuam in of the whole Kingdom, and which appertain not to the fuis Eleemofyna, &P cum fuis

&

&

&

&

bound to acquit his Tenant pifcibus fii Coretibus anguillarum cum toto territo\ nor is he Du Frefne. thereof, unlefs he hath efpecially ty'd himfelf thereto by riofuo. bis own Deed. 'illium, Cirencefier in Gloucefierfhire. ? Co;am notl ^[Ubit e, Is when a Caufc is brought CO^iftU*, for Codifcui, a little Book.

Lord of

the Fee

&

Cu

in a Court, whereof the Judges risdiction J there it is faid to be

have not any JuCoram non fudice.

coln,

Co^ltam, Northampton, Nottingham, and Derby

Leicejler, Shires.

Rutland, Lin-

s Cafe. Cojium ^Fo^iBt'arerf, i. e. Condemned to be 40}btUQ<mtB, Corbelli, Corbels, Corbetels. They whipp'd ; which was the Punifhment of a Serfcem to be the fame with what Dr. Skinner calls vant. Si quis Corium fuum forisfaciat P ad Ec. Corium Corbels, and from fomc Authority, expounds them clefiam incurrat, fit ei verberatio condonata. to be Stones whereon Images The old Englifb perdere, the fame. Corio carere, the fame. Corium fiand. Corbel and Corbettel, was properly a Nich in the redimere, to compound for a Whipping. Corio comWall of a Church, or other Structure, in which ponere, to be whipp'd. an Image was placed for Ornament, or SuperftiCoinage, Cornagium, from the Lat. Cornu; and tion and the Corbel- ftones were the fmooth and in our Common Law fignifies a Kind of Grand polifhed Stones, laid for the Front and put-fide Serjeanty : The Service of which Tenure is to of the Corbels, or Niches. Thefe Niches remain blow a Horn, when any Invafion of the Northern on the Out-fide of very many Churches and Enemy is perceived. And by this many Men Steeples in England, though the little Statutes hold their Land Northward, about the Wall, and Reliques ofroppcry, are moft of them bro- commonly called, The PiBs Wall.Cambd. Brit. pa. ken down &> in folutis Johanni Chepyn Lata- 609. and Littloton, f. 65. But by the Stat. 1 2 Car. a. mo aptanti &P facienti xviii, Corbel -ftonys, ponendisin c. 24. all Tenures are turned into Fee and ComprsdiBo muro. v. fol. iv. den. See Air. Kennei's Pa- mon Socage. Co. on Lit. f. 107. faith, That in roch. 575. and Gloffary, in voce Corbel- ftoncs. old Books it is called Home-geld, fed quare. See 2 Infi. f. 9. This old Service of HornLicebit pncdiBis Abbati &1 Conventui, fifibi Horn-geld. placuerit in principio fabrics ejufdem muri Corbcllos blowing^ was afterwards pay'd in Money, and the fumptibus eorum propriis in cedent infiruere, fed pojl- Sheriff in his Accounts computed for it, under quam confiruBus fuerit, nequaquam aliquos Corbellos the Title of Cornagium. Memorand. quod cum Vicefacient, nee aliquis eorum faciet-~ Cart. 50. Edw. comes Cambria: federet compotum ad Scaccarium apud III. inter Munimenta Hofpitalis SS. Trin. in Pon- Salop, idem Vicecomes fecit taUagium fub nomine fuo

Croke 2. par.f. 351. Powel

tefradto.

MS.
Of

Ix. lib.

tarn de

Cornagio, quam de
1.

aliis debitis.

Mem.

JBcOD ought to be eight Foot long, four Foot broad, and four Foot high by

Co;0

in Scacc. 6

E.

Statute.

Co^narf, To blow in the Horn. Faclat Cornare ne videatur furtive facer e. Mat. Parif.
p.

CuJOSpP,
the

Is

generally applied to all Stuff for 181.

CCtfnabf, Warwick, Worcefier, Staff ordfoire,
Chefhire.

making of Ropes, and alfo to all kind of Ropes belonging to the Rigging of Ships, men1

and

tioned

j Car. 2.

c.

13.

Seaman's DiBionary.

<t0?ner2rile. See Gutter-Tile.

Cojhu,

c o
mat
Coiiii', a ut fenei

c o
Et

Ccwna mala, or jJMIa corona. The Clergy SanBo- were formerly fo called, who abufcd their rum. Du Cange. Sometime* it fignifics an Character. Radulphus cognomento ClirUus quia Ink-horn. Ipfo Domino Radulfo tejlantequi tenuit copioft literatus fuit, Of Mala Corona quia miCornu dstm fcriptor notavit, &c. Mon. 1 Tom. pag. litaribus txercttiis infervUns. Willus Gcmel. lib.
Drinking-horn.

Cornu men/*
ieflis

monaflerii

bibant inde in

559-

7. c. 10.

See Antivefttum. Corodium, Signifies in the Common Co^oOP, Law a Sum of Money, or Allowance of Meat, Drink and Cloathing, due to the King from an whereof he Abbey, or other Houfe of Religion, is the Founder, towards thcrcafonahlc Suftcnancc of fuch a one of his Servants, being put to his Pcnfion, as he thinketh good to beftow it on.
CojnUialJ, the Cape.

Corona

Clerical!*.

See

Coif.

on

the Difference between a Corody and a Penfi to be, That a Corody is allowed towards videbatur ilia tarn far.Ba toca in qu\bus nutritus, Qs* the Maintenance of any of the King's Servants coronatus fueram, atque ad ultimum crdinatus, rethat livcth in the Abbey ; a Penfion is given to After, de rebus geftis Alfredi. p. 14. The linquere. one of the King's Chaplains, for his better Mainwas in Form of a Corona, of Crown of he may be Tonfure tenance in the King's Service, until Thorns. VVilfridus Tonfur* formulam in Of both thefe, modum coronae better provided of a Benefice. fpinet, caput Chrifti cing ntis, ab who there fetteth read F. N. B.f. 230, 231, 233. Eddius in Vita Wilfrid, Archiepifcopo fufceftt. down all the Corodies and Penfions Certain, that a6. when they ftood, was, bound to per- cap. ny Abbey, Cojonatotf PligctlDO, Is a Writ, which, after form unto the King. There is Mention alfo of a the Death of of any Coroner, is direftcd And this appears to the Sheriff Difchargc Corody, in Staundf. Prtrog. 44. out of the Chancery, to call together for in Weft. 2. cap. 25. it was an ancient Law ; the Freeholders of the County, for the Choice : ordained, That an Aflife fhall lie for a Corody of a new Coroner, and to certify into the Chancery, 8. It is alfo apparent in the Statute 34 &p 35 H. both the EleSion and Name of the Party cto BiThat Corcdies belonged fomctimes 26. cap. leGed, and to give him his Oath. See Weft. 2. Monaftcries. And by the New Terms fhops from 10. and F. N. B. fol. 163. and Reg. Or<g. That a Corody may be due to a Common cap. of the Law, fol. 177. Perfon, by Grant from one to another, or of CcvontT, (Coronafor, a Corona') is an antient Common Right, to him that is a Founder of a Officer of this Land, (for Mention is made of his en in Frank- Almoihe, Religious Houfe, not hold Office in King Athelftans Charter to Beverley, for that Tenure was difcharged of all Corodies in it an. 0i$). and is fo called, becaufehe deals wholwhich Book it appearcth alfo, That a felf: By There are four of ly for the King and Crown. is either certain, or uncertain, and that it Corody them commonly in every County, in fomc fewer, may be for Life, for Years, in Tail, or in Fee. and in fome Counties but one : are chofen

And

feemeth

Co;ptiare iFillOg. The old Villains, or thofe who held in Villenagc, were forbid Coronart Filios, e. to make their Sons Priefts, to let them be ordained ; becaufe Ordination changed their Condition, and gave them Liberty to the Prejudice of the Lord, who could before claim them as his Natives, or born Servants. Homo Coronatus, was one who had received the firft Tonfure, as preparatory to fuperior Orders. Injuflum mihi
'.

See Termes de

by the Freeholders of the fame by the King's Writ, and not made by Letters Patent. Crompt. JurifLf. 126. This Officer, by the Statute of Corody. Weftm. c. 10. ought to be a fufficient Perfon, that that Corodies belonged fbme. 34 6> 35 H. 8. c. 16. is, the molt wife and difcrcet Knight that belt times to Bifhops and Noblemen from Monaftc- would and might attend upon fuch an Office. Tenure in Frankalmoin was a Difchargc of There is a Writ in the ries. Regft. Nififit Miles, f. 177. Stat. 1 E. 3. to. 10. See 2 b. all Corcdies in it felf. whereby it appears it was fufficient Caufe to remove a Coroner chofen, if he were not a Knight, Part, lnft.f. 630. and had not an Hundred Shillings Rent of Freehold. The Lord Chief Jufticc of the King's Bench tho Sovereign Coroner of the whole Realm in nos Radulphus Abbas quod Monaflerii is St. SCiantJohannis de Haghmon & ejuf.lem loci Con- Perfon, i. e. wheiefbcvcr he is. Lib. AJJifarum,
ventus
.

Ley. feems to be ancient in our Laws ; for in Corody 2. c. 5. it is ordained that an Aflife fliall JVeJim. It is alfo apparent by the Statute lie for a

la

They

ad inftantiam

&

fpeciale

rcgatum exrellentijpmi
Comitis

f.

reverendiffimi Domini noflri dcliae S> Surrcise, Dedimus

Thomsd

Arun-

lers, f.

Corrodium

fi.-jficientia

Roberto Lee unum cum Abbate ciently belonged to him, read at large in BraBon, traB. 2. cap. 5, 6, 7, 8. \Briton, ca. cum uno Garcione lib. Monaflerii prxdiBi Armigerum, &> duobus equis capiendo ibidem efulenta Qp pcculenta 1. Fleta, lib. 1. ca. 18. and Horn's Mirror, lib. 1. del Office del Coroners. But more aptly for pro feipfo, ficut Armigeri Abbatis, qui pro cap.
:

49. Coke, lib. 4. Cafe of Wardens, tyc. of the Sad57-*. The Office of a Coroner efpecially concerns the Pleas of the Crown But what an-

pro termino vita fut, ejfendo

&

',

tempore fiierint, rapiunt &P percipiunt ; fiP pro Garcione fuo, ficut Garciones Abbatis Armigerorum fuo-

rum
fuis

There are alfo certain fpecial Coroners within percipiunt ; capiendo etiam pro equis capiunt Et quod idem Ro- divers Liberties, as well as thofe ordinary Offifcenum &> prabendam. bcrtus babeat vefiuram Armigerorum, Qpc. Bat. cers in every County ; as the Coroner of the Verge, which is a certain Compafs about the King's Mon. Angl. 2 par. f. 033. a. 3 H. 5. Court, whom Cramp, in his Jurifd. f. 102. calls The Coroner of the King's Houfe ; of Whofe AuthoCoKitiio habfntin, Is a Writ, whereby to rity, lee Coke's Rep. lib. 4. /. 46. By certain Charcxait a Corody, of an Abbey, or Religious ters belonging to fome Colleges and CorporatiHoufe. See Corody ; fee alfo Reg. Orig. fol. ons, they are licenced to appoint their Coroner within their own Precin&s. Of this Office, fee 264.

&

&

the prelcnt
cap. 51.

Times,

Staundf.

PI.

Cor.

lib.

1.

0^2

alfo

CO
alfo
21.
1

CO

Co.'U8 cum Caufa, Is a Writ iffuing out of 4 Infi. fol. 271. Smith de Rep. Angl. lib. 2. and Lamb. Eiren. cap. 3. pag. 380. And of the Chancery, to remove both the Body and the Carotids Office in Scotland, read Skene, verbo the Record, touching the Caufe of any Man her. lying in Execution upon a Judgment for Debt, into the King's Bench, &v. there to lie Cnjpojal UDfltfr. See Oath. the Judgment, Fttz. Nat. (tOiytna'irn, (Corporation a Body Politick, or until he have fatisfied a Body Incorporate ; fo called, becaufe the Per Brev. f. 251.*. QTo.re&Oi Of the .Staple, Is a Clerk belonging fons arc made into a Body, and of Capacity to take and grant, &>c. And this Body Politick 01 to the Staple, which writeth and recordcth the and be cftablifhcd Bargains of Merchants there made. 27 Ed. 3. Incorporate may commence The Romans Called them three Manner of Ways, viz- by Prefiription, by Stat. 2. cap. 21 23.

&

Letters

or is cither Co^reuium * onTCli:tm, the fame with CorroEcclejiafiical Et decimam t otitis ConreSee Corody either Regular, as Abbots dium. Eclcjiafiical Mon. Angl. 1 Vol. f. 587. a. dii met. Priors, &v. or Secular, as Bifliops, Deans, Arch

Body Lay:

Patent, or by Politick or Corporate

is

AB

of Parliament.

Every

Menfarios.

(lO^lODp. See Corody. Parfons, Vicars, &Pc. Lay, as Mayor, CO ruptiOtl Of OOt; (Corru'tio Sanguinis) Is Commonalty, Bailiff, and BurgefTes, &c. Alfo an Infe&ion growing to the State of a Man atevery Body Politick or Corporate is either eleAnd tainted of Felony or Treafon ; for as he lofcth all ctive, prefcritative, collative, or donative. to the Prince, or other Lord of the Fee, as his it is either fble or aggregate of ma

deacons,

fo his IiTuc cannot be Heirs to him, or Col- Cafe is, and to any other Anceftor, of whom they might have claimed by him. And further, if he were NoSlnft.f. ano of feati pmoni ble, or a Gentleman before, he and his Children tojpciarion Spirirusf, But if the in fllf lab , Is where the Corporations confift of are nude Unnoblc and Ungentile. an Abbot, and Covent, which had Beginning of King will pardon the Offender, it will cleanfe the King and the Pope, when he had to do here; the Corruption of the Bl od of thofe Children, which and of able Perfons in Law, is arc born after the Pardon, and they may inherit Corporation Spiritual, where it confifts of a Dean and Chapter, a Ma- the Land of their Anceftor purchafed at the tter of a College or Hofpital ; and this had Be- Time of the Pardon, or afterwards, but fo cannot they who were born before the Pardon. But ginning from the King only. aJtmpojal bp the &inp, is where there are divers Limitations even in Treafon, Corporation there is a Mayor and Commonalty. Corporation made by Statutes which fave Corruption of Blood is 27 Ed. 3. cap,' though a Man be attainted. Temporal by Authority of the Common Law, the Parliament, confuting of the King the Head ; 77. 13 H. 7. cap. 17. 5 Eliz. cap. 1. 11. 18 Bl, ca the Lords Spiritual and Temporal, and Commons, 1. 6. 14. 31 Eliz- cap. 4. 1 Mar. cap. 12. I Jac

again,

which

la ft

is

by the

Civilians

called

legium or TJniverJitas. 202.

Coke on Lift.

f.

25a-

the Body. if Land be given to a Mayor and Commonalty for their Lives, they have an Eftatc by Intendment, not determinable : So it is, if a Feoffment be made of Land to a Dean and Chapter, with-) out Mention of Succeflbrs. Releafe of a Mayor for any Sum of Money due to the Corporation in his own Name, is not good in Law, in cafe of a

cap. 12.

C ^felet,

Is

a French Word, fignifying a

little

Body, in Lat. Corpufculum ; we generally ufc it for an Armour to cover the whole Body, 4 &> j P.&P M- cap. 2. wherewith Pikemcn, commonly let in the Front and Flanks of the Battle, are armed, for the better Refiftence of the Enemies Affaults, and the furer Guard of the Gunners folc Corporation, as Bifliop, Parfon, Vicar, Matter placed behind, who were more (lightly armed of Hofpital, &>c No Chattel either in Action or for their fpeedier advancing and retreating to See Barrets Difiourfe of War, lib. 3. DiaPoffeflion fhall go in Succeffion; but the Execu- Fire. tors or Adminiftrators of the Bifhop, Parfon, ftc. log. 2. ftiall have them ; but otherwife it is in cafe of a >n?fnen T$ieaTi (from the Sa*. Cors, Execratio a Dean and Chapter, and Nedde, compulfiis) was a Kind of fuperftitious Corporation aggregate, as Mayor and Commonalty, and fuch like ; for Trial ufed by our Saxons, by a Piece of Barleythey, in Judgment of the Law, never die. Yet Bread, firft execrated by the Prieft, and then ofthe Cafe of the Chamberlain of London, differs from fered to the fufpected guiky Pcrfon, to be fwalFor they believed all thefe ; for his SuccclTor may, in his own lowed in Way of Purgation Name, have Execution of a Recognifance ac- a Perfon, if guilty, could not poffibly fwallow a knowledged to his Predeceffor, for Orphanage- mo- Morfcl Co accurfed ; or if he did, it would choak and the Reafon is, becaufe in this Cafe the him. The Form was thus We befeeth thee, ney ; the Chamberlain is by Cuttom, which Lord, that he who is fuilty of this Corporation of Theft, when the hath enabled the Succeffor to take fuch Rccog- exorrifed Bread is offered to him in order to difconifances, Obligations, &>c. that are made to his ver the Truth, thxt his J-aws miy be fout, his Throat Predeceffor. And this Cuttom is founded upon fo narrow that he may not [wallow, and that he may great Reafon ; for the Executors or Adminiftra- cafl it out of his Mouth, and not eat it. Du Cange. tors of the Chamberlain, ought not to intermed- Tnele Pieces of Bread were confccratcd or dedle with fuch Recognifances, &>c. which by the voted by the Prieft, to fuch religious Ufcs, of faid Cuftom are taken in the Corporate Capacity W'.ich the old Form, or Exorifmis panus horde.tcei of the Chamberlain, and not in his private. vel cafei ad Probationer veri, is extant in Lindenbro In the Lav s of King Canute, c. 6- Si TO'DU.6 Clijrffi >a (being always on the next qius, p. I07.
j

aniicis dcflitu Thurfday after Trinity-Sunday') is a Feaft inftituted cjuis altari minijlrantium anufetur, in the Year 1264, in Honour of the Bleffed Sa- tus cum Sacramentales non habeat, vadat ad fu fit crament : To which alfo a College in Oxford is de- dicium quod Annlice dlitur CoiTned, &* fiat fi.ut dicated. It is mentioned in 32 H. 8. r. 21. By Deus velit, nifi fuper fanBum Corbus Domini fermittawhich Statute Trinity-Term is appointed for ever tur, ut fe purget. From wh'ich, and fbme other to begin the Morrow after this Feaft. Authorities, I am apt to think that this Corfned
1

&

was

to unworthy ReceiCofenage, Cognatione, Is a Writ that lies, where mentioned by the Apoftle, 1 Cor. II. 19, 30. the Trefayle, (that is, Tritaws, the Father of the afraid Befayle, or of the till poflibly the Bilhops and Clergy, vcrc great Grandfather) is feifcd in to proftitute the Communion Bread (cfpccially his Dcmcfnc, as of Fee, at the Day of his Death, when Tranfubftantiation required the more pro- of certain Lands or Tenements, and dieth, and found Rclpett) to fuch ralh and conceited IJfcs : then a Stranger cntreth, and abatcth ; for then But however to indulge the People to their fu- fhall his Heir have this Writ of Cofenage ; the and beloved Cuftoms, they Form whereof, fee in F. N. B. f. 221. of this pcrftitious Fancies, >

at fifft the very Sacramental Bread, confeCofifB, and Cofcef, the fame with Cottage. cratcd and received with folemn Adjuration, and <Lnflouna, the fame with Cuftom or Tribute. with devout Expectance it would prove mortal to In Curt* 'vero de Foria habere folebat quinqut fathole who had dared to (wallow it with a Lie in lidos CofUunalcs in Anno. Mon. 1 Tom. pag. their Mouth : Prcfuming on the continued Judg- $62.

was

ment of Sickncfs and Death

vers,

did allow them to praSife the famejudicial Rite, in eating fume other Morfels of Bread, or Cheelc, There is a fa blcft or cuift to the like Ufcs. mous Story of the perfidious Godwyn Earl of Kent, in the Time of Edw. Confejf. who abjuring the Death or Murder of the King's Brother, did aphis Corfned, or imprecated Bread, peal at laft to which as a juft Judgment of his folemn Perjury, ftuck in his Throat, and choaked him. This a conPurgation Story is thus in fliort told by Cum Godwinus temporary Writer, Ingulph. Comes in men/a Regis de nece fui fratris impeteretur, multa Sa.ramenta, tandem per bucceUam deilie poft continuo fujfoglutiendam abjuravit c> bucceUa gujlata This among other rude and iatus interiit. of Purgation, was often con. barbarous

read alfo Britton at large, cap 89. Nor is ther\ any Affinity or Coujinage between them. Stat. 4. H. 3
cap. 8.

Ctifrning, Is an Offence unnamed, whereby any Thing is done guilefully, in or out of Contracts, which cannot be fitly termed by any fpecial

Name.
feci.

ments,

fart, z Tit. IndictWeft. Symbol, 68. It is called in the Civil Law,

Privileges inherent by Right and Cuftom, were there feveral other grievous Exactions impofed by the Lords, by a Sort of Prerogative Ways demned and by Degrees aboliftied. And yet we or Scignioral Authority, as to lie and fcaft themhave ftill fome Remembrance of this horrid Cu- felyes and their Followers (called Cohering) at ftom, in fome of our ufual Phrafcs of Adjurati- their Tenants Houfcs. Sir Henry Spelman of Par-

SteUionatus, of Stellio, a Bcaft, which is La erU genus yerfutiffimum, as Cujac'ms in his Particles calleth it: And Pliny, lib. 3. c. 10 fays, Nullum ani mat invidet homini fraudulentius. Cufbf ring. In the Feudal Laws, as there were

many
fo

on
this

as / will take the Sacrament upon

be

Bread

my
11 1

Poyfon,

May

it,

May
Bit b*

liament.

MS.

this

my

CultmiB

i.

e.

Clean.

(from the Fr. Corps prefente, i. e. the an. 21 H. 8. fignifics a Mortuary, And the Rcafon why it was thus termed cap. 6. feems to be, that where a Mortuary after any Man's Death became due, the Body of" the belt or Per coCofferfl, Coaft, Sea-Coaft. fecond Bcaft was, according to the Cuftom, of- fteram maris, &P partium adjaientium in Comitatu fered or prefented to the Pricft, and carried a- KantU. Ordinal. Marifc. RiRomney. lor.g with the C rpi. cardum ad cofterx maris in

lafi,

&c.

U ^l (tpfttt

Body prefented)

Coffarf, an Apple, whence Gyfonf- Monger,/*, e. a Seller of Apples. reddendo inde annuatim Nobis &P haredibus unum pomum Coftard noftris de forgabulo ad Feftum S. Michaelis. Cartular. Abbat. Radings. MS. f. 916.

Thoncy

enftodiam

IN

Com. Eflex, per literas noftras patentes affignavinomine Patris, &> Elii, Spiritus San&i, mus. Mcmor. in Scaccar. Pafch. 24 E. 1. Ego Brianus de Brompton, Sen. Anno Domini CpRrcIlUP, (Coftarez,) a Flagon. Habebit de MCCLX1I. in vigilia Apoftolorum Simonis Judex Cellerario 5 albos panes & Coftrellos fuos plenos CerviYolo corpus meumfepeliri in ondo Tejtamentum meum. Mon. 2 Tom. 550. fi<c. Frioratu Majoris MalvemU inter Pmdeceffores meos, Cot, In the old Saxon fignifics Cottage, and Palefridum meum cum hemefto, 8^ cum corpore meo fo ftill in Places of England, as Verftegan Equum fummarium, cum leHo met, &>c. In co- teftifies in many of decay'd Intelligences his Reftitution dice MS. penes Gul. Dugdalc, Mil. in It is alfo a Kind of refufc Antiquities. Wool, clung or clotted together, that it canin Northumberland. CojGopiflim, Morpeth not be pulled afunder. Anno 13 R. 2. Stat. fOitlf, {Curtis,) a Court or Yard before the 1. cap. 9. Houfe. Cnfage (Cotagium 6 Chota, from the Saxon stOtUtattum, Certarium, Curtilagium, A Yard or Court, Ab- Cote) is a Houfc without Land belonging to if. adjoining to a Country Farm. Anno 4 Ed. 1. Stat. 1. And the Inhabitants of b.xs Gialton. granapud Ginncledon, conjhuxit fuch Cotages are called Cotagers. By a later Sta&P piimi, koverium,vacarium,ftabulum, columbarium, tute of 31 El. c. 7. no Man may build a Houfc, < ortularium, cum dome, duo molendina, &c. Cartul. unlcfs he lay four Acres of Land to it; fo that a olafton. MS. f. 42. is properly any little Houfe that hath not corio wtcri utun- Cotage * Pit ft' V, i.e. Coblers, Qui four Acres of Land belonging to it. Dedit Chotur, .'. Prohibeo ut nee mercator nee inftitor nee per? /juendam campum junBum huic Chotz. Mon. vel ven- tam,

&

&

mtntariiis nee Corvclarius, ere r.en venJat.

&V.

volens emtre

Angl.
up,

par.

f.

201. b.

p^lifl,

a certain Corn-Mcafurc heaped

ad voluntatem Domini fiom the Hebrew Cora, which fignifics a Hill: Tor eight Buflicls of Wheat, in a Heap, arc of facere feru.tia in erta; nihil dare, nihil ventlere, nihil and probably a Corus proprium habere, nee pojfunt acquirere, n'<ft ad promothe Shape of a little Hill at Wheat was eit;ht Bufhels. De,em Coros triciti tionem Domini fui. Ex libr. irrot. Eccl. Chrifti Bra&on, lib. 2. cap. 16. pa Cantuar. f. 111, five deem quarteria.
'.

CotariUJB, aCotager. Cotsril Debent talliari

Cote,

c o
Cafa. *.OffIIuF,

c o
Cotlandi, &-c.

otlanM and Coflanoum, the fame with CoCofr, Cat, and oaf. The Names of Places beginning or ending with thcfe Syllables fignify tagium. Til mentioned in the Monafiicon. 1 Tom. a little Houfe or Cotage; from the Sax. Cote, u e. pag. 325. Item una Virgata ten*, cum dlmldw v.nlus
Hcnricus Cotfetiila, Cotfette, The little Seat, or Man/iClericus tenet unum cotellum cum crofta, &P reddit on belonging to a fmall Farm Conceffi illam Confuctud. Domus de cotfethlam terr* quam Fetrus filius Jordani tenuit per annum 0B0 denarlos, de me in Farendon. MS. Migeham. Cartular. Abbat. Radin^cs. Cornell , (Fr. Cotereaux) This Word is ufed in MS. f. 53. a. Ego Thomas films Will, de Cuour Records for Cotagers, quia Cotagia &P Curtila- lern, dedi Deo &> Ecclefi* Malmsbury unam Cotfetlc in Culcrn, cum omnibus gia tenebant ; but they were antiently a certain Cartular, pertlnentils, Kind of peafantly Outlaws ; a Sort of ftraggling Malmsbur. MS. or CottageThieves and Plunderers, who feem at firft to be <U.orferl)ti0, A Cottager, Holder, like the Mofs- who by fervile Tenure, was bound to work for Cottagers and Country-Fellows, As in the Services to be done by the TeAfferen- the Lord Troopers on the Borders of Scotland
fmall
Cottage.
tet igitur

& afirmantes fe cum

cum pace&

runt capati ejus, Gtrald. funt Cotfethi ex quibus Anteceffores eorum Coterelli Flandrcnfes conduBl. ni erant foleban't Cambr. dc vita Galfridi Archiep. Ebor. apud operari quollbet die, excepto Sabbato, s diebus Feftia Fefio S. Michaclis Saer. P. 2. p. 391. vls, Whartoni Angl. ufque ad tempus falaCotf Uu0. Spelmau and Du Frefne make Cota- tionis pratorum , ab ortu Soils ufque ad horam rlus and Coter'llus, to be both fervile Tenants : But tertiam, omnlmoda opera manualla, fecundum quod I think in the Dome/day Reglfier, and other anci- Ballivus ejus voluerit injungere. Cartular. Radinge. ent MSS. there doth appear a Diftin&ion, not on- MS. f. 221. but in their Tenure, and Quathofe who live in in their Name, Cotferi, {Cotmanni,) ly Cotages. The Cotarius had a free Soccagc Tenure, Leg. H. i. cap. %o.V,llani vera vel Cotfeti vel perlity. and pay'd a ftated Firm in Provifions or Money.with dingi, vel qui funt hujufmodl vlles vel inopesperfon*, non fome occafional cuftomary Service ; whereas the funt inter Legum judices numerandi. Cotfum, Cot, Coarfe or Dag-wool, of which Coterellui fecmed to have held in mcer Villenage,

&
t

Archiepifcopo locuturos, Intravepro pace Intrarevelle, apertis januis hi Bragmancirca decern fuper lorlcas,

&

Manor of Blcbory, belonging to the Abbat and Convent of Rading Dicit etlam prtdiBus Abbas, quod Henricus Boton &> Agnes uxor &>c.
nants in the

and had

his

Perfon and
to

Iffue,

at the Pleafure of his Lord. of Cornwall, gave

the

difpofed -^ Edmund Earl

of Aflie-

and Goods

they

made
in

Cotta,

or

Cottos,

i.

e.

Bon-hommes

Hence Wool,

making Hats, to
Noverltis

cotten well,
teneri

coarfe Blankets. is when the

&>c.

rugge,

&> gard, pro certa omnibus full ubicunque fumma pecunU. Cartular. Rad. MS.f. 208. fequelis, fervltiis, feBis, Paroch. Antiq. p. 3io.-< COtUCa, Coat- Armour. Ad arma profit iunt & pertinentibus. milites quidem fuper armatura Cotucas induerant itrr'.i, A Cot, Houfe, orHomc-ftall. vtN. Prior Capltulum Ecclefi* Chrlfii Cant, conce- cat. Quarteloys. Walling, p. 114.

Manors of Chefterton and Ambrofden. ther una cum Vlllanls, cotcrellis, eorum catallis, ne. Ian*.,
his

works well, and incorporates toge-

Nos

in centum faccis bo-

&

&

fip placabllis fine

cot

(.

&

Roberto le Herdman terram fuam de feodo dtOtui'ljan, Bores or Husbandmen. Dome/day. duas coterias juxta terram Burclde Wodetone, apvc'irr, orvcourchfr, fignifies a Faftor that continues in fome Place or illam qu fult guondam Alani de li, &> coteriam Country for Traffick ; merfe Aprili 1245. Regiftr. Eccl.Chrifti as formerly in Gafolgn, for buying Wines. Anno Staple Cant. MS. 37 E. 3. c. 16. Cou.her is alfo ufed for the GeneCctefttOlD, feveral Sheep Cotes, and Sheep ral Book, in which any Religious Houfe or Corfeeding on Hills From the Sax. Cote, Cafa, poration rcgiftcr their particular Afts. An. X &> ' i. e. a Cottage, and Wold, a Place where there is 4E.6-. c. 10. no Wood. COuenab^, (Fr. Convenable,) Fit, Convenient, Ccfftfjtrf is a Kind of refufe Wool, fo clung or Suitable Cljat cuerp of tl)e fame Untt
Aurtt

&

or clotted together, that it cannot be pulled afun- S>o^t0 of jfifl) be gOOD ailD covenable, as in olo der. An. 13 R. 2. Stat. 1. cap. 9. where it is Settle fiatfi bern ufeo. 31 Ed. 3 Stat. 3. cap. 2. f. 472. a. provided, *t)at neither IBmyn noj jFcyriatm Plowden, Covenably endowed, that is mafu anp ot'-er Kefufe of auoola but Cot-Gare endowed as is fitting. It is alfo written convenable. So the printed Statute. But in 27 E. 3. Stat. 2. c. 17. Plowd. f. 472. a. atlO Villein. Covenant: Conventlo, Is the Confent of two, or the Parliament-Roll of that Year it is Copland and Cot or Cote fignifies as much as Cotage in more, to one Thing, to do or give fomewhat. Villein. many Places, and was fo ufed by the Saxons, ac- Wefi. Symb. part. 2. lib. 1. feB. 4. It feemeth to be as much as Pafium Conventum with the Civilicording to Verflegan. COtttflllu, Cotfethland, Land held by a Cottager, ans, which you read oftentimes in Tully ; PaBum Dimidla conventum quod whether in Socage or Villenage vulgo veflitum vocant, opponltur nuacra jacct .bldem inter Cotland, quam Johannes do paBo, velut ab omni juris folemnltatc Hudefiituto. Cotland quam Tho. jus exempla, &>c. Oldendorplus. And Covenant in Golderingfftfef ex una parte, Paroch. Antiq. p. 532. this Signification is either a Covenant In Law, or a Wcbbe tenet ex altera. Dedit prxdlBus Abbas Covenant In FaB. Coke lib. 4. Lib. Ramef. Ser. 256. Nohe's Cafe, fol. 80. terra qu* tunc temporis a S. or Covenant Exprefs, and Covenant in Law. Co. pnediBo Hugoni fro iota

&

&

unam Cothfetblandam lib. 6. I. 1 7. a. Covenant in Law is that which unum the Law intendeth to be made, qiudlcltur Slepe, though in Words Cothteth- it be notexpreft ; as if the LefTor do demife and Maignaglum In foro ejufdem vilU, landam hie intelligo Cora: fedem, &> pr&dii quldplam grant, v. to the LcflTee for a certain Term, the De una Coth- Law intendeth a Covenant on the Leflbr's Part, ad eandem pertinent. Spelman. lando tent, in Wathford. Pat. 9. Ed. 2. par. 2. That the LcflTee fhall his Leafe for
BenediBo idem Hu^o tenebat,
libero ferv'ttlo In villa

cum

&

in. 2.

his

Term

quietly enjoy againft all Incumbrances.

Covenant in

FaB

(he cannot gain lay it cxprcfly agreed between riagc, during his Life. Sec alfo a Covenant meerly Per- Cui ante divert ium, and Cui in vita. And F. N. B. f. Conine, Covlna, Is a deceitful Aflentor Agreefonal, and a Covenant Real. |45he fcemeth to fay, That a Covenant Real is, where- ment between two, or more, to the Prejudice of As if a Tenant for Term 01 Life, or ticth himfclf to pafs a thing Real, as another. by a Lands or Tenements ; as a Covenant to levy Tenant in Tail will fecrctly confpire with anCovenant meerly Perfonal, of other, that the other (hall recover againft tho Fine of Land, &Pc. covenanttth with an- Tenant for Life, the Land which he holds, &V. the other Side, is where a

FaB

is,

that which

is

the Parties.

There

is

Man

Man

other by Deed to build him a Houfc, or any o- in Prejudice of him in the Reversion. It ther Thing, or to fcrve him, or to infeoft him, comcth from the French Verb Covenanter, that See Convention. Covenant is alfo the Name is depOiifci, or rather convenir, id eft, convenire. Oft. of a Writ ; for which fee Convention, and New Dr. Skinner takes it to be a Corruption of the
Book of
'Entries, vetbo Covenant.

vifur. NOverint vet auditur.

foris gratix

cmnei prtfentes fcriptum Cbirograuhatum xviii. die April. Tern- than

quoit
ita

Lat. Conventum, and therefore writes it Coven. (i oiinf , Significth as much as the original Declaration in a Proccfs, tho' more ufed in real

perfonal Actions, as a Declaration

is

more

Hugo- applied to perfonal than real. F. N. B. a. 60. d. ncm de Okclefthorp &* Adam filium Ade ce 71. a. 191. e. 217. a. Libel with the Civilians Thowes, gsnerum ejufdem Hugonis, fc. quod ego &- comprehends both. And yet Count and Declaratidam non dabo, impignorabo, vendam, nee alienabo ali- on be fometimes confounded, as Count in Debt. quam partem tenement! mei de quo fui vejiitui Qp feifi- Kit bin, f. 281. Count or Declaration in* Appeal.
convenit
inter not

MCCLX.

tus prxdUlo die, nee tenement! mibi

httreditatis,

contingent'/ 1

nomine PI.

cor.

78.

Count in Trcfpafs. Briton? c. 26. Count

&> affenfu prsdiBi Hugonis in an ASion upon the Cafe for a Slander. Kitcb. The Word fcemeth to come from France vel btrcdum fuortim, Et quod amabil.ter traBabo 252. uxorem meam, filiam prxditli Hugonis; Etnififece- and Normandy, for in the Grand Cufiumary, c. 64. ro, ibo per feptem dies fabbati nudui per medium forum Contours are taken for fuch as a Man retains to ordina- fpeak for him in any Court as Advocates; and de Harwodc quando plenhts fuerit, fecundum tionem diBi Hugonis. Omnia autem prufcripta fide- c. dj. Pledeurs, he makes another Sort of Spoke fme &> baredibus men in the Nature of Attornics, for one that is liter Gp fine fraude obfervanda pro taBis facrofanBis, juravi rf affidavi ; Et ne himfclFprcfent, but fuffereth another to fpeak in mc'ts, But Contours by Horn's Mr. of nos pradiBi his behalf. ijiud alicui Lominum vertatur in dubium, jufl. Of Adam ftgilla nofira partium bits muiuis lib. 2. cap. Des Layers, are fuch Serjeants, skilful Hugo Hits teftibus, Stephano Sterry, in the Law, which ferve the Common fcriptis appofuimus. People to tunc Chirographar. Civitatis Ebor. Danicle de Tottie defend their Actions in Judicature for their Fee, Clerico, Ricnardo de Waleys de Acculum, Ade dc whofe Duty, if it be as is there defcribed, and were obferved, Men might have much more Northfolch, Thoma Edwyn Alhttario de Ebor. Comfort of the Law than they have. aliis. Ex MS. penes Gul. Dugdale, Mil. Countce (Fr. Comte, a Comitando, becaufc they CobCtianf, (Focdus,~) the late folcmn League accompany the King) was next to the Duke, the and Covenant, firft hatched in Scotland, was a fedi- moft eminent Dignity of a SubjeS before, as well tious Confpiracy too well known to need any Ex- as fince, the Conqueft And thofe who in ancient It was voted illegal and irreligious by Time were created Countees, were Men of plication. great Parliament in May 1661. and Provifion is made Eftate and Dignity For which Caufe the Law as, their Pcrfons againft it by the Statute 14 Car. 2. c 4. where it gives them great Privileges is declared to have been impofed on the Subjects may not be arretted for Debt, Trcfpafs, &c. (beof this Realm againft the known Laws and Li- caufe the Law intends that they afltft the King with their Counfel for the berties of the fame. publick Good, and <ot>en r, Conventus, Signifies the Society of preferve the Realm by thctr Prowefs and Vaan Abbey or Priory, as Societas fignifics the lour ) they may not be put upon Juries. If IfNumber of Felows in a College. BraB. lib. 1. fue be taken, whether the Plaintiff or Defendant be a Countee, or not, this mail not be tried caf. 35. by the ^OUtl'tUTf, Is a French Word fignifying any Country, but by the King s Writ. Alfo the DeThing that covers, as Apparel, a Coverlet, Spc. fendant mail not have a Day of Grace againft a and deduced from Couvrir, that is, tegere : In Lord of the Parliament, hecaufe it is intended he Law, it is particularly applied to the Eftate and attends the Publick. And of old the Countee was Condition of a married Woman, who (by the Laws' PrufeBus, or Prt\ofitus Comitatus, and had the of our Realm) is fub poteflate viri, and therefore Charge and Cuftody of the County, whofe difablcd to make Bargain with any, to the Pre-| Authority the Sheriff now hath. Coke, lib. 9. judice of her fclf, or her Husband, without his fol. 46. and is therefore called Vifcount. Sec Aflent and Privity, or at the lcaft without his Earl. Allowance and Confirmation. Bro. hoc Tit. per Countentinte Scemeth to be ufed for Credit or [me
voluntate

&

And BraBon, lib. 2. cap. 15. faith, That Om- Efiimation. Old Nat. Brev. /.in. in thele Words; nia qu*. funt uxoris, funt nee habet uxor po- Alfo tbe Attaint pall be granted to p or Men, tbdt ipfius viri, And again, Jib. 4. c. 24. Vir ivM fwear they have nothing whereof they may make ttjlatem fill, fed vir. mulieris. And alfo, lib. 5. traB. 2. cap. 3. Fine, faving tbtir Countenance So is it ufed eft caput
tot.
:

Thar
poteft.

in

traB. 5. cap. Vir &> uxor funt quafi unica perfena, quia can una finguis urns \ Res licet fit propria uxoris, vir tamen

any La w -Mat ters, fine And in the fame Book,

viro refpondere non

4. in thefc Words, Sheriffs fball 23. (barge the King's Debtors with as mu. b as they maf
I

E.

3.

Stat. 2.

c.

&

levy

with

their

Oaths, without abating the Debtor s

Countenance. Sec Contenement. cum fit caput mulieris : And lib. I. ca. 10 Counter, Computatorium, may be derived from \us etiftos, num. 2, Uxores funt fub virga viri. And if the the Latin Comfutare, to account. But we ufe it Husband alien the Wife's Lands, during the Mar- for the Names of the two City-Prifons, common
e-

Ml-

c o
ly flippeth, out.

CO
he

called the Counters ; whereinto, like to account 'ere is

Is

Countermanf,

that once tine Of Hexam, toiNjiu tlft County of Northumhe can get berland, ne to ttje County Palatine Of Ely, tortus But by the in tl)e County Of Cambridge, &>c. where a Thing formerly ex- Statute 14 Eliz- cap. 15. this County Palatine of

ecuted, is afterwards by fome ABs or Ceremodone ny, made void by the Party that had firft As if a Man has made his laft Will whereby it. he devifes his Land to J. S. and then he enfeoffs another of the fame Land ; there this Feoffment is a Countermand to the Will, and the Will, as to the Difpofition of the Land, is void. If a Woman, feifed of Land in Fee, makes a Will in Wrifui vives her, ting, and devifes, that if A. of B. then Hie devifes and bequeaths to him and his Heirs her Land, and afterward me intermarries with the faid A. of B. there by taking him to Husband and Coverture, at the Time of her

Hexam was

ftripped of its Privileges, and reduced to a Part or the County of Northumberland. The chief Governors of thefe Counties Palatine, by fpecial Charter from the King, did heretofore fend out all Writs in their own Names, and did-all

Things touching Juftice as abfolutely

as the Prince himfelf in other Counties, only acknowledging him their Superior and Sovereign. But by the Statute 27 H. 8. cap. 24. this Power is much abridged ; to which I refer the Reader, as alfo to Cromp. furifd. f. 1 3 7. and 4 Infi. f. 204, and

221. Befides thefe Counties of both Sorts, there are likewife unto fbme Cities fome Territory, Lands, Death, the Will is countermanded. or Jurifdi&ion annexed, as the County of MidSOUtttfrplPa Is compounded of two French Words, Contre, i.. e. contra, adverfus ; and Pleder, dlesex, by King Henry the Firft, to the City of Caufam agere ; it fignificth properly in our Com- London: The County of the City of York. An. mon Law, a Replication to Ayde Frier ; for when 32 Hen. 8. cap. 13. Chefier, an. 45 Eliz. cap. 15.

queft,

the Tenant by Curtefy, or in Dower, prayeth in Aid of the King, or him in the Revcrfion for his better Defence ; or elfc if a Stranger to the Action begun, defire to be received, to fay what he can for the Safeguard of his Eftate ; that which the Demandant allcdgeth againft this Reit mould not be admitted, is call'd a

Canterbury.
Worcefier,

Lamb.

Eiren.

lib.

I.

cap. 9.

Norwich,
County of
S.

Coventry,

Exeter,

&c.
Qpc.

The
The

the
13.

Town

of Kingfion upon Hull.

upon Tine,

52 H.

cap.

County of the Town of Haverford 35 Hen, cap. 16. Wefi. County in another Signification, is ufed for the

Newcape

why
3.

Counterplea.

And
/.

in this
3.

25 E.
oj

Stat.

cap.

Signification it See alfo the 7.

3

is

the

Law,

172.

and the Sratute

cap. 39.
rtffjB

which the Sheriff keepeth every County-Court, ufed Month within his Charge, either by himfelf or Terms his Deputy. An. z E. 6. cap. 25. Cromp. Jurifd. E. 1. f. 221. BraB. lib. 3. c. 7. &P lib. 3. trad. 2 cap. 12. Of thefe Counties, there are reckoned in England
,

Counter'JRoEjB. A*no 3 E. 1. cap. 10. >l)e forty, befides twelve in Wales, making in all fifty two. The Word Comitates, is alfo ufed for a QjaH l)abe Counter-Rolls toltl) tlie COiO* or Territory among the See mrtf, a totH of appeal*, as of 3]nqiuffF, Jurifdi&ion, Feudijls.
Comitates.
Contours')

&c. C0Unt02S (Fr.

Counting.Jgoufe of tfje fcing'jff IgouffrolO, Dfuch Serjeants at Law, as a Man retains to de- mus Computus Hofpitii Regis, Is commonl y called fend his Caufe, or fpeak for him in any Court The Green-cloth, becaufe the Table ftands always Horn's Mirror, lib. 2. cap. des Loyers. covered with a Green Cloth : Here fit the Lord for their Fee. And of whom thus Chaucer, Steward, Treafurer of the King's Houfe, Controller, Matter of the Houjbold, Cofferer, two Clerks of the H ^Ijeriffrjao Ije been, ano a Contour, Green-cloth, and two Clerks Controllers, for daily taking the Accounts of all Expcnces of the HoufEttas* ne U Ijere fuel) a tuojtljp 3Jabalour.

have been taken for

They were

making Provifions, and ordering Payment for the fame for the good Government of on Littl. f. 1 7. a. th&King's Servants, and paying the Wages of thofe COIUUP, (Comitates,') Quod modo vacatur Co- below Stairs. Vid 39 Eliz. cap. 7. and 4 Infi. mitatus ohm apud Britones temporibus Romanorum vo- fol. .31. cabatur Confulatus &yui modo vocantur Vicecomitcs Countp-'Courf, Curia Comitates, by Lamburd tunc temporis Viceconfulcs vocabantur. Leg. Edw. is otherwife called Conventus, in his Explication
hold,

anciently called Serjeant Contours. Coke

And even in the Confeflbr's Time of Saxon Words, and divided into two Sorts ; one a County was called Ccvfultaus, viz. Fecit fummo- retaining the general Name, as the County-Court nobiles fapientes held every Month by the Sheriff, or his niri per univerfos AnglU Confulatus Deputy fua Lege erudites. Leg. Edw. Confcflor, cap. 1. the Vnder-Sberiff, whereof you may read in Cromp. The other called The Turn, held It fignifies the fame with Shire, the one coming Jurif. f. 231. both twice every Year ; of which fee more in its profrom the French, the other from the Saxon containing a Circuit or Portion of the Realm, per Place. And Cromp. Jurif. ibid. This Countyinto which the whole Land is divided,for the bet- Court had in ancient Times the Cognizance of
Confeff. ca. 2.

&

ter

and more eafy Admini- great Matters, as may appear by Glanvile, lib. 1. it, of Juftice : So that there is no Part of cap. 2, 3, 4. by BraBon and Britton in divers Plathis Nation that lies not within fome County ; and ces, and by tleta, lib. 2. cap. 62. but was abridg'd every County is governed by a yearly Officer, by the Statute of Magna Charta, c. 1 7. and much whom we call- a Sheriff. Fortefiue, cap. 24. Of more by 1 E. 4. cap. 1. It had alfo, and hath thefe Counties there are four of fpecial Mark, the Determination of certain Trefpafles and which therefore are termed Counties Palatine, as Debts under forty Shillings. Britton, ca. 27, 28. and Ely. An. 5 Eliz- What Manner of Proceeding was of old ufed in Lancajier, Chefier, Durham, read alfo anciently of the Counties this Court, fee Fleta ubifupra. cap. 23. We Before the Courts at Wefiminfier were erected, Palatine of Pembroke and Hexam, An. 33 H. 8. of this ca. 10. (which laft did belong to the Archbilhop the Ccunty-Courts were the chief Courts of Tork). Cljia 3Kt, 0,2 anp Cbing tiietem Kingdom Amongft the Laws of King Edgar, this .eontanieD, fljafl not ejtenD to tfje County Pala- is one, viz. Let the Hundred-Court be kept as

Government of

ftration

anciently

anciently, &>c. and let there be two County-Courts in a Year, in which Connty-Court there fliall be a' Bimop, and an Alderman or Earl, where one fliall judge according to the Common Law, and the other according to the Ecclefiaftical

fore is more properly Curia Baronum, i. the " Court of Freeholders, (for fb Baronet does alfo fignify) over whom the Lord of the Manor pre fides. See Hilimote and Thane.

Court Of Chlufltrr, {Curia Militaris)lothcrwife called the Marfhal-Court ; the judges of it are the is the Foundation of the united Power of I.ord Conftablcof England, and the Earl M.irfral the Bimop and Earl to fit and try Caufcs in one of England : This Court is the Fountain of the of which Powers mutual- Martial-Law , and the Earl Aiarjhal is botli one Court; the
Law. This
as ancient as the Eng- of the Judges, and to fee Execution done. Sec but thefc Powers were Conftable, and 4 Part Inft'it. f. izj. William the Conqueror, and fbon after leparated by all the Ecclefiaftical Buflncfs was brought into Ehan, ftlz, frere, Sf encte au Roys, Due de Bedthe Courts, fo called, and the Law Bufinefs into ford, /Anjou, Comte Richcmond 6 de Kenthe King s Ben^h. dal, Of Coneftable <f Angleterre, a noftre trefchert Courrarif r, A French Word fignifying a Horfe- Coujin Jean Due de Norfolk, Marejhal <f/\ngle2 Inft. fol. ^ 9. tcrrcfalut. Nous vous mandons &* chargeens qui vous Courfer. Courfitinw. See Curjitor. facez arrefire Sf venir devant nous eu noftre Lieutenant Courf, Curia, Cometh of the French Court a Weftmrnftcr a la Qu'mftefmdu Saint Hillairc pro which fignifies the King's Palace, or Manfion chain venant William~Clbpton du Counte de Sufbut derived of the Latin Word Curia, which a- folkc Efqueir, pour adunque refpondre devant nous oh mong the Romans, had divers Significations; noftre Lieutenant, en la Cour de Chivalrie, a Roand with us alfo hath Diverfity of Scnfes As bert Eland Efquier de Comte de Nichol de ce que le the Houfc where the King rcmatneth with his or- dit Robert adunques luy furmettra par voie de Armes, dinary Retinue, and alfo the Place where Ju- ad Qp apbofe le Seel de ces Armes a un faux &" forge fticeis judicially adminiftrcd, of which you find fait, as damages du dit Robert de C. 1. &c. llonne of Ju- foubz lefeeldu CPc. thirty- two feveral Sorts in Crompton's Book noftre office, well defcribed, and of them molt are rifdiSions Courts of Record, fomc be not ; and therefore are Court Cfjjtffian, (Curia Chriflianitatis,) fo calaccounted Bafe Courts, inComparifonof the Reft. led, becaufe, as in fecular Courts, the King's Betides thefc, there are alfo Courts Cbri/iian, Laws do fway and decide Caufes ; fo in EcclefiaSmith de Rep. Angl lib. i. cab. 6. which are fo ftical Courts, the Laws of Chrift fliould rule and for which Caufe, the Judges in thofe called, becaufe they handle Matters efpecially direft ; appertaining to Cbriftianity, and fuch as, without Courts are Divines, as Archbifhops, Bifhops, good Knowledge in Divinity, cannot be well Archdeacons, V. Lyndtwode's Words are thefe judged of, being held heretofore by Archbifhops In curia Chriflianitatis, i. e. Eccleftt, in qua fervanand Bifhops, as from the Pope, becaufe he chal- tur Leges Chrifti, cum tamen in foro regio ferventur lenged the Superiority in all Caufes Spiritual ; Leges mundi, 1 Part Inft. f. 488. Sec before in but fince his RcjeQion, they hold them by the Court. But under the fpecious Pretence of judging acKing's Authority, virtute magiftratus fui, as the Admiral of England holds his ; whereupon it pro- cording to the Laws of Chrift, there was a Comcecdeth, that they fend out their Precepts in plaint made againft the Bifnops long before the ly to a dill

Conjunction
it

each other,

is

lish

Government

fclf;

&

their

own

Karnes, and not in the King's, as the Reformation,

And therefore Juftices of the King's Courts do. as the Appeal from thefe Courts did lie to Rome ;
now by the
Stat.

rifdiftion fo far,

That they had extended their Juthat they had left very little

Bufinefs for the fecular Judges ; for they affum'd the Judicature over the Clergy, and every one who had Tonfurc ; and for that Purpofe they King in his Chancery. Court Of H)e aotniralrp, Curia Admiralitatis. would caufe a great Number of Boys, to be fhaAnd though they had no legal Jurifdiftion It was crofted, as fome hold, by Ediu. III. for ved deciding maritime Caufes ; and the Title of its in criminal Cafes, of the Clergy, but only in the

25 H.

8. c. 10. it

lieth

to the

Suprem* Curia Admiralitatis AnglU Locum- Execution of the Sentence, which was DegradaJudex Jive Prdjidens. For the Extent ol tion ; yet they judged likewife in thofe Cafes, its and in all fpintual Caufes whatfocver ; in Cafes Jurifdiftion, fee Prynn's Animadv. on the 4 In of Tithes and other Profits arifing to the Church ; Itenens, ftitute. CotirM3aron, {Curia Baronis) is a Court which in Cafes relating to trie Faith and Sacraments ; in every Lord of a Manor, (who in ancient Times Cafes of Herefics of any Violence done to the

Judge

is,

of Fornication and of the Privileges of thofe who had taand Jurifdiftion from their Sovereigns ; but here ken upon thcmfelves the Sign of the Crofs ; of all in England, what they arc and have been hereto- matrimonial Caufes; ofBaftardy and Legitimafore, ice in Baron. Of this Court, and Court-Leet, tion ; of laft Wills and Tcftaments, and of Linds read Kitchin. Sir Edward Coke, lib. 4. among his and Tenements which were given in Alms ; of were Church or to the Clergy
Adultery
;
;

called Barons) hath within his own Precincts. Barons, in other Nations, have great Territories

is

Copyhold Cafes, fol. z6. b. fays, That this Court Ufury, &>c Du Cange. Twofold after a Sort ; and therefore, if a Courf Of 3F>eIegatt a is the higheft Court for CiMan, having a Manor, grant the Inheritance of vil Affairs that concern the Church ; the Juthe Copyholders to another, the Grantee may rifdiftion whereof was eftablifhcd by *J Hen. 8. keep a Court for the cuftomary Tenants, and ac- cap. 19. From the higheft Court of the Archcept Surrenders to the Ufe of others, and make bifhop of Canterbury, there lies an Appeal to the other Court is this Court, and from this to no other. See both Admittances and Grants of Freeholders, which is properly called the Delegates. Court of the %e%ate was a Court obtained by Court-Baron, wherein the Suitors, that is, the Freeholders, are Judges ; whereas of the other, Cardinal fVolfey, of Pope Leo the Tenth, in the the Lord or his Steward is Judge. This there- Ninth Year 01 Henry the Eighth, wherein he had
;

Power

C R
Power
to

CR

Cjanpa, Anglice Crap: The Seeds of a Weed prove Wills, and difpenfc with Offences the Spiritual Laws, &c. And was but of in Corn, AbjeBio vera bladi & Crappa hujnfmodi, againft
fhort Continuance.

out in Anno remanferit, recolligitur ac potius trituretur. Peculiarium) is a Fleta, lib. z. c. 81. as arc exCrafptCiS, i.e. Pifisctaffus, a Whale. Spiritual Court, held in fuch Parifhes Craffino jfeanrti QHinrenrif, The Morrow after empt from the Jurifdi&ion of the Bifhops, and arc peculiarly belonging to the Archbifhop of the Feaft of St. Vincent the Martyr, being the there are fifty-feven 2zd of January, is the Date of the Statute made Canterbury, in whofe Province at Merton, Anno 10. H. 3. fuch Peculiars Court Of Pie.?&Ottiufr0. See Pie-Powders. Cra^art, i. e. To impeach, viz. Si homicida

Court

Of peculiars {Curia

Court Of fiequeflF, (Curia RequiJitionum)v>M* dkiadietur ibi vel Cravetur, ft witam, &V. Leg. Court of Equity, of the fame Nature with the H. 1. c. 30. Craornt or Craben. In a Trial by Battel. inferior to it ; principally inftituted Chancery, but for the Relief offuch Petitioners, as in confeiona- Upon a Writ of Right, the ancient Lawwas,That
ble

Cafes addreflcd themfelvcs by Supplication the Victory fhould be proclaimed, and the

Van

Of this Court the Lord Privy Seal quilhed acknowledge his Fault in the Audience of to his Majefty. was Chief Judge.aflifted by the Mafters of Requefts the People, or pronounce the horrid Word Craabout the 9 H. 7- according vent, in the Name of Recreantife, &V. and prefentand it had
was to be given, and after this, the Julius Ctfar's TraSate on this Subject. ly Judgment Mich. 40 Sf 41 El. in the Court of Common Pleas, Recreant fhould Amittere liber am legem, that is, he this fhould become infamous, &Pc. See 2 Part. it was adjudged upon folemn Argumcnts,That Inftit. Court of Requefts, or the Whitehall, was no Court 247, 248. If the Appellant join Battel, and cry that had Power of Judicature, &V. See 4 Part Craven, he fhall lofe liberam legem ; but if the Appellee cry Craven, he fhall be hang d. 3 Inft.f. 221. Ir.ft. f. 97. (till retain this Word Craven, for a Coward. See Curtilage. Counilage. Craver fecms to be a Kind of fmall Sea-Vef<H"ourt*JLanti0, Tent Curtiles, Demains, or Land kept in Demefne, i. e. in the Lord's own fel or Ship, mentioned in the Statute 14 Car. 2.
to Sir

Beginning

We

Hands,
Tefrt.

to

ferve
Of

his

Family.

See
Curtefy

Curtiles

cap.

27.

Et

tranjitus

cum
nglantl.

viBualibus &P

aliis necejfariis,

Cracrarum &> BateUorum &c. Pat. 6. R. 2.

Cnurtefp
land.

See

of Eng- Part

2. m. 1 3. Creamer, A foreign Merchant, a Pedlar, one

Coilfinage.

See

Cofenage.

who

CouQanflium, or cjtouffammtum ; the fame with Cuftantia : It fignifies Cofts. Cournutlaugt) (from the Sax. Couth, fciens e> receives a Vtlaugh, exlex) is he that willingly Man outlawed, and cherifhes or conceals him. he was, in ancient Time, In which Cafe to the fame Punifhmcnt that the Outfubject law himfelf was. BraBon, Ub. 3. trail. 2. ca. 13.
num. z. Conjfla.

Creanfw,

hath a Stall in a Fair or Market. Creditor, Cometh of the French

Word
truft-

Croyance, Perfuajio,

and

fignifieth

him

that

eth another with any Debt, be it in Money or Wares. This Word is ufed in the Old Nat. Brev. in the Writ of Audita Querela, f. 66. a.

38

Erf. 3. cap. 5.

A Cowel, or Coule, or Tub with two Ears, to be carried between two Perfons on a Coul-Staff. A Cowl in Effex, is the Appellative for

any Tub

whence a Cowler now

Veflel. pronounced, a Cooler, or Brewing Pro now Cowelc empto ix. den. Paroch. Antiq. pag.
549-

Any Imagery, or carved adorn the Head, or Top of any Wainfcor, &c. like our Modern Cornijh : The Word is now adopted by the Heralds, and apply'd to the Device fct over a Coat of Arms. Et Willielmo Hykkedon conduBo in groffo ad menfam Domini ad dolandum &> perftciendum Le Creft, fuper cancelMr. Rennet's Paroch. lum Prioratus ibidem.
CreaU,
Creft, Crifta;

Work,

to

Antiq. p. 575Creatt tlte.

Vid.

Roof-tile.

Craiera,

Veflel of

or

Smack
extitit

Lading or Burden, a Hoy Richardus Rex, &V. Thomx de

noftro

Cteatton*2I!>onfr>, {Stat. izCar. z.c. 1.) CrPche, drinking Cup : 'Tis mentioned in

Percey Admirallo
ordinatum

in

Parliament the Monafticon,

na<ui percipiendi de qualibet

fterit,

& craiera, cujufcunq; fuerit portagii, qut, Mare tranredeundo pro eundo infra dictum Admiratum

&

1 Tom. Vas vero quod pag. 104. Creche nuncupatur feptempollkes continet, viz. adprofunditatem a fummitate unius ufque ad profundum la-

teris alterius.

viagio,

Ric.

Crtefe, (JCreca, Sax. Crecca) is a Part of a Haven, where any Thing is landed from the Sea. L tally, or rather Crails, an Engine to take So that when you are out of the main Sea withFifh. in the Haven, look how many landing Places Cranagf, Cranagium, Is a Liberty to ufc a you have, fo many Creeks may be faid to belong See Cromp. jFurifd. fol. no. a. Crane, for the drawing up of Wares from the to that Haven. Vcflels at any Creek of the Sea or Wharf, unto This Word is mentioned in the Stat. 4 H. 4.
de quolibet
tonnetight fex denarios.
z.

Pat. 2.

the Land, and to make Profit of it. It fignifies 20. (where 'tis faid, in great Ports of the Sea, alfo the Money taken, and pay'd for the fame. and not in Crykes or fmall Arrivals') 5 Elix.. cap. J. New Beok of Entries, fol. 3. col. 3. Anno 22 Car. 1. and 14 Car. 2. ca. 28. and in Plow. Cafu Renyger
cap.

cap.

11.

old Meafure of Corn. Puilibet debet flagellare dimid'mm crannock frumenti adfemen, ftf- duos buffettos frumenti contra Natale Cartular. Abbat. Glafton. MS.f. 39. a. inftrmafua. Rex mandat G. de Marifco fufticiario Hiberniae. ut liberet Regi Ma.nmxfingulisannisiluo dolia vini, &>

Crannocfe, Crennoc,

An

fc> Fogaffa.

Cremenrum

Cottritatug,

The Improvement of

the King's Rents above

the ancient Vicontiel Rents, for which Improvements the Sheriff anfwered under the Title of Crementum Comitatus, or Firma de cremento Comitatus, Hale of Sheriffs
Accounts, p. 36*

fexies viginti H. ;. m. 2.

crennoc

bladi,pro homagio fuo. Clauf. 3

Cremil,
z

The fame

with

Crimfort.

rtt

Crepare
<i/i;crcpat

onillllli,

To

put out an

Eye

Si quis

oculum

folvat eiftxaginta fol. Leg.

H.

I.

bour and

a fudden Stream or TorCrux lapidea conflrutla fuit crctinum aqua their Privileges, read BraHon, lib. 5. part 1. ea. 1. cruets icrpus per cujus quidem &" tempeflatem veiiti obriititm, Sf confratinm exi- and part 5. r. 29. and the Grand Cuflumary of NorContin. pag. 485. Hiltor. Croyland. mandy, c. 45. Under this Word arc alio lignihcd flit. immuncs aquarum crcte- the Knights of St. John of Jerufalem, created for Omnes inundationes Ibid. p. 617. the Defence of nas, fufficienter defendere pojftt. Pilgrims; and all thofc worthy : Et quia Men of the Nobility and Gentry of England, <i 0, Crop, fignifics Marfh-Land ut ipfum nomen indi.at, who, in the Reigns of King Henry the Second, paluflris tujus Croyland nam crudam terram cosnofam fignificat. Ingulphus, Richard the Firft, Henry the Third, and Edward
OtlttitiUP, Cretena,

cap. 93.

rent

manured, and extraordinarily drcfi'd by the LaSkill of the Owner. <troiff)5 {Crme fignati) Is ufed by Briton, cap. 122;. for Pilgrims, becaufe they wear the Sign of the Crofs upon their Garments. Ofthcfc, and

&

&

pag. 855.

CroiarDE",
Pollards.

Sort of

Money, very

bafc.

Sec

Crora CoUcUff, i. c. OUa fimul buliit, from Lib. 15. cap. 1 jgc 14. the Saxon Crocca, i. e. OUa, and Fellen, bullire. UTroP, Crocus, Capiliorum Si plures aliqui faciunt bomicidium quorum Crocca Hair into Curls or Croks;
Cowcllct,
fi
velint

the Firft, were Cru.e fignati, as dedicating and them [elves to the Wars, for the Recovery of Jerufalem and the Holy Land. Greg Syntag.
lifting
croci,

Turning up the whence Crook, crooked,

Rex Williclmo de Peretot, Salutem, quod concefftmus, & plenum poteflatcm vobis This perhaps is the only Word dedimus findendi capillos Cleriiorum qui funt de hofpitio that exercifed, and efcaped the Sagacity of the noflro, p familia noflra longos crines habentium, fif ad crocos capiliorum fnorum very acute Sir Henry Spelman ; who in his Glcjfary, comas intorquentium,
fimul componant.
1.

Leg. Hen.

Sfc.

cap. 78. (iirotiutn.

Sciatis

&

expreffes land a Charter of King

it

to this Eftefil

bear tber*
II.

is

in Ire-

deponendos

tV

ideo vobis

mandamus quatenus ad

hoc

Henry

wherein be grants

modo

to a certain Bifbop, excepvery ample Privileges it ts* thefauro invento, crociis, &>c. What ForeflaUis, meant here by crociis, / have endeavoured to find, but it be can make no Anfwer ; Thing elfe than the

nojlram

debito diligenter intendatis, hujufmodi poteftatem vobis con.effam taliter exequentes circa pradiBos

capillos fcindendos,

Qp crocos

deponendos, ne

ad

capillos

debemus : Tefle Meipfoapud Clare. 11 die Sept. Pal. 21. H. 3. if any Cro in the Scotifh Law, that is, the VVcrcgild, or CronjW. Sax. Croppat, Crop of Corn, or the For though that Prince Product in Harvcft. Johannes, Prltt^y ConvenComposition for Manslaughter. had taken away the Cufloms o/Wcrcgild from his tus concedunt Radulpho de Hok, terram de Yorkentire among the Irifh. herlt croppam autem de ipfa terra provenientem Subje&s, yet he left them This Miftakcn Senfe of a Word, is yet rare in jape diSus Radulphus, tempore meffwnis in eadem fo much a Wonder, that Die terra debet reponere & Regiftr. Cant. cuflodire. Spelman ; but it is not Frefne mould not find the true Meaningof it.which Ecclefise MS. So alfo Croppus occurs in the fame Crocia was no more Senfe. See Mr. Rennet's Paroch. Antiq. pag. 298. yet feems very obvious. For than the Croficr, or Paftoral Statf, which Bifliops Sax. Crcp, the Top or Head of any Thing and Abbats had the Privilege to carry, as the Whence to crof or cut off the upper Part; Qropcommon Enfign of their religious Office ; as be- ear'd, a Crop of Beef. In Sujfex, they call Darnel the Delivery of Crop; and in Buck-VVhcat goes inginvefted in their Prelacies, by Worceflerfbire, fuch a Crofter. Hence the Word Crocium and Cro- by the like Name of Crop. The old Lat. or Difpo- Qropa, was the Buttock of a Horfe, whence cia, did fomctimes denote the Collation fal of Archbifhopricks and Abbies, by the Dona- Crupper. So as when the tion of fuch Paftoral Staff. Crofter, the paftoral Staff of a Bifhop, fo called King granted large JurifdiSion, Qpc. exceptis Cro a fimilitudine crucis. the Collation or InvcftiCroffff, It was ufual in former Times for ciis, it is meant, except Men to ereft Croffes on their Houfes by which ture of Epifcopal Sees and Abbies. Crocianutf, The Crociary, or Crofs-bcarer, they would claim the Privileges of rhc Templars who, like our Virger, went before the Prelate, or Hofpitallers, to defend thcmfelvcs againft
veflros findendos forcipes apponere

and bore

his Crofs.

Clericus Epifcopi ejus vocant.

Dunclm.

quern vulgo Liber de M'traculis

lup. Epifc Hcref.

MS.

Robcrtus de Wycumbe, Crociarium Tho. Cantifub Anno 1290.

CtOCO'Calana, Ancafter in Lincolnfbire. (Crocus, curled Hair: Pryn. Ch.Lib. Angl. Tom. bus
z.

their rightful Lords; this was condemned by the It was ufual alfo in thole Statute W. 2. cap. 13. Days to let up Crojfes in Places where the Corps of any of the Nobility reftcd, as it was carried to be buried, that a Tranfeuntipro ejus

ammo

deprecetur.

Walfingham, Anno

pag.

479.

Sciatis

quod poteflatcm

vobis

dedi-

1291.

mus,
&>c.

capillos

bentium,

& ad

Clericorum noflrorum, longos crines haCro cos capiliorum fuoriim depor.endos,

Croft (Sax.) Croftus Crofta, A little Clofe or p. 210. Pitle, cnclofed near a Dwelling-Houfe, for any Crrpfff, A Chapel or Oratory under Ground : Poffunt etiam dlBi Monacbi de Egreffo toto conventu, atcepta abfeonfa fi vox efl. vadit particular Ufe. eifdem marifcis verfus occidentem jacentibus, pro fe &> per cryptam. Du Cange. hominibus fuis, includete Croftos, five pratum juxta CurljerUF, Canis Prodriarius, a Coucher, Setter, W. Prima* Ebor pontem feparaliter quantum illit placuerit. Ingulf. In a Setting-Dog. lbme ancient Deeds Crufta occurs, as the Latin dileiro Priori de Birftall, Saluwm, &c. Rogamut diWord for a Croft ; but cum Toftis Croftis is moft leiiionem veflram quatenus fi placeat, cum ctleritate frequent. Croft is tranflatea by Abbo Floriacenfis, qua poteritil, Nobis provideatis in partibut veflri* trarfby Pradium, a Farm. It feems to come of the marinU de duobus canibus prodnariis, feu cucheris, old Englifh Word Creafe, which fignify'd Handi- &" vobis de pretio fideliter & plene refpondebimus CF de fuch Grounds arc for the moft part hoc No* diligti* nuliatersu* omitatis ; ita craft, becaufe

&

CrufTum was a Garment of Purple mixed with many Colours Duas patenas argenteas auro ornatai, crufto attreo. Mon. 1 Tom. cum duobut urceoli*
:

&

&

cuflu,

ficut

ouod

c u
quod
elis
dittos canes

c u

babeamus circa Fefium Beati Micha- Cretenus preft au que cy, viz. he was ready to prove Dat. Beverlaci, 10 Kal. Sept. him guilty. Ex Regiftr. Will. VVickwane, Archicp. 1280. Clltread), the Same with Cudreach. Ctlttura, A Parcel of arable Land: Dr. ThoroEbor. is ton in his Nottingham a Wong, It foire, englifhcs it, CucfeitlflOool, or Cofeffiool, (Tumbrellum,) an Engine invented for the Punifhmcnt of Scolds often occurs in old Writings, as totam illam Culand unquiet Women, by ducking them in the turam qx vacatur Watercroft. Cllltoertage, Cuhertagium, May be interpreted Water, called in ancient Time a Tumbrel, and fomctimes a Trcbucbet. Lamb. Eiren. lib. I. ca. 11. Cowardice, as Omnes cum equis & armis', jujftt fub BraBon writes this Word TymboreUa. Kitcbin. {cap. nomine Culvertagii convenire. Mat. Pariffol. 233. diBum puto a Columbina timiditate, Charge in Court -Leet, f. 13. a.) fays, Everyone Culvertagium View of Frank-pledge, ought to have a nam Culver idem efl quod Columba. Spelm. in voce having a Tumbrel. This was in ufc even in Niderling. Others fancy it a Culum vertendo, **.*. Pillory, and our .SVjcowjTime.by whom it was called Scealfng- Running away. Thefe are the Opinions of fome and defcribed to be Cathedra, in qua rixofc Men, but without any Foundation; it rather Sigfiole, mulieres fedentes aquit deniergebantur : It was a Pu- nifies fome bafe Slavery, or the Confifcation of nishment anciently inflicted upon Brewers and Eftatc, viz. Rex Johannes brevi fuo ad vieecomites Bakers tranfgrefling the Laws, who were there- jujfit, ut nullus remaneat qui arma portare pojjit fub nomine Culvertagii perpetua fervitutis : And in upon, in fuch a Stool or Chair, to be ducked and immerged in Jlercore, fome muddy or Sink- another Place, Nihil magis quam opprobrium CulMatt. Pari f. Anno 1212. It find alio anciently written, vertagii metuentes. ing Pond. This I Sec Pandoxatrix. And in Dome/day, Seems therefore to be the fame with Couvrir le feu, Gogingfiole. Some think it a for when a Lord fcizes his VaSTal's Eftatc as forit is called Cathedra Stercoris. he is faid Couvrir le feu, to cover or put Corruption from Duckingfiool ; others from Choak feited, hoc modo demerfa ; aqua fere fujfo- out his Fire. Du Cange. Therefore the true quia ingjleol Senfeof the Word is not Cowardice, but Confifcantur. utunr, A Cude-cloth, a Chryfom, or Face-cloth cation, or Forfeiture of Lands and Goods: It for a Child ; the Prieft's Fee in Time of Roman was a Norman Feudal Term for Lands of the Vaffal i. e. God's Clotb, And fub nomine culverefcheating to the Lord Imposition. Probably Gude-cloth, or the Holy Piece of Linen, ufed in the Dedi- tagii was under Pain of Confifcation. (iLUlteiflrf and CtllberO, Salva Summonitione de cation of the Child to God. Culward. Charta Willielmi de Tabley temp. Ed. I. CUDJtach, a Pledge or Surety. feems to be the fame wirh Culvertage, or CowarCUDUtlaUgl). See Coutheulaughe. Cut ante Drtjortium, Is a Writ, that a Wo- dice. <tuna. Domefday, Tit. Ceftria. Quando Rex man divorced from her Husband, hath to recover Lands or Tenements from him, to whom her ita veniebat, reddebat ei unaquaque carrucata cc. hefias, Husband did alienate them during the Marriage, fee unam cunam plenam cervift*. So Cuftutnar.de ELebecaufc fhe could not gainfay it. Reg. Orig.fol. cham, p. 21. Omnis Lanceta &P Toftman inveniet B. f. 240. cunam, Ji habeat, ad cervifiam Domini faciendam 233. F. N. Cui in Hita, Is a Writ of Entry, that a Wi- Thus Spelman reads the Word ; but it truly is dow hath againft him, to whom her Husband Cuva, Gall. Cuve, Angl. Keeve, Keever, a Tub or aliened her Lands or Tenements in his Life-time, Fat for Brewing. which muft contain in it, That during his LifeCunaCfrblfia:, a Tub of Ale. Domefday. See Time fhe could not withftand it. Reg. Orig. fol. Rufia. And to this Day, in Cbejbire, a brewing Book of En- Vcifel is called a Cump 232. F. N. B. f. 193. See the New in vita. De Cunagio Stan(Cuiiaiie, (Cunagium) tries, verba Cui CuiHieurS Ce gmf3, Whereas Murders, Cuil- neriit &P de emptione totius Stanni in Com. Devon. lieurs des Gentz, Robberies, &c. are done and com- Cornub. Rot. Pat. 21 Ed. 3. See Coinage. CunettO. Marlborough, or the Kennet. mitted without Number, &c. Cotton's Abr. of ReCuneiim Jftomtae, Otho tenet manerium de Lillecords, f. 62. 21 Ed. 3. 9. See Cuynage. in Com. Midd. per Serjantiam Jlon cuftodiendi Cuneum CUinsgP. Culilgiuin, Is when a Ship is laid up in the Monetae Domini Regis, i. e. Sigillum ferreum quo Dock, to be repaired. MS. Ar. Trevor. Arm. de nummus cuditur the King's Stamp for Coinage. Hence comes our Word Coin, quaft, Cune. S iatis plac. E. 3. Culpatura, A fmiting or cutting, from the quod conceffimus venerabili Patri noftro Cieeftr. Epifcopo, Fr. Couper, to cut Qui autem forisfaciat in forefla quod babeat Cuneum fuum in Civitate Ciceftriae, &V. de viridi, Jive per Culpaturam, Jive per Ef- T. 29 Apr. Clauf. 6. Joh m. 3. Regis brancaturam, Jive per foditionem turbarum, ftve per Oi.uneu.ff, A Mint, or Place to coin Money,
omnimodo.
:

&

',

Excoriationem
more,

Patri Cieeftr. Hovcden, p. 784. Epifopo quod habeat Cuneum nofiro vfiulv^tt compounded of two Words, i. e. Cui fuum in Civitate Ciceftriae, &c. T. 29. Apr. Clauf. and Prit, via. Cui, which is the Abbreviation of 6. Job. m. 3. and is a Reply of a proper Officer in Cuntep unttp,Isa Kind of Trial, as appearCulpabilis, the Behalf of the King, affirming the Party to eth by BraSon, in thefe Words, Negotium in hoc be guilty after hs. hath pleaded Not guilty, with- cufu terminabitur per Cuntcy Cuntey ftcut inter out which the ISTue is not joined The other cob/tredes. Brad. lib. 4. trait. 3. cap. 18. And aWord Prit is derived from the French Word Preft, gain in the fame Place, In brevi de reBo negotium and 'tis as much as to fay, That he terminabitur per Cuntey Cuntey. And thirdly lib. 4. i.t. ready
: ;

mora, Jive per &>c. five per effartum,

culpationem fub

tie-

Mandatum

efl,

&>c. fciatis quod conceffimus venerabili

ready to prove the Party guilty And this we trat. 4' C*P- 2< Terminabitur negotium, per breve de find to be often the Form of Pleading in civil reBo , ubi nee duellum nee magna Affifa, fed per CunCaufes as in Trefpafs, the Defendant pleaded tey Cuntey omnino, which in my Opinion is as Not guilty, the Plaintiff replied by his Counfel much as by the ordinary Jury.
is
: ;

Cura;

Manfc. Omnes obucntiones ajtaris C? cccme* CtiragultUJ, One who takcth Care of a Thing Ego Edmuudus Rex Anglorum &" Cliraguluj multa- terii predict"* Eclefi*, Or- Mam tcrram, Qf Curiam rum gentium. Monafticon, 2 Tom. in a Charter of Pcrfonse craftamqu* jacet Juxt.i Curiam PerfoKennet's Paroch. Antiq. p. 105. ua:, King Edmond.
:

utura sflponarJcrn,

An

Officer fo
:

called,

who

Curio,

Corebridge in Northumberland.
1

had the Charge of the Monaftcry Cura cum ipfis Curnoch, Is four BufhcLs, or half a Quarter of Corn. Beta, lib. 2. cap. 1. remanente qui ium ipfls manduet. Du Cange. Curfrll', Cometh of two French Words, Couwir, Cumrulu.0, the Year, or Courfe of a Year: that is, tegtre and Feu ignis, fire We ufc it for Affum eft hoc annorum Dominic* imarnationis quatuor the Ringing of a Bell, by which the Conqueror au'wquagenis GP quinquie quints luftris Cf tribus willed every Man to take Warning for the Ra- Curriculis, e. the Year 1018. for Four- times his Fire, and the putand y Time* 100 makes 1000, fifty makes too, king up, or Covering of So that in many Places at 5 ting out of his Light. luftra arc 25 Years, and 3 Curriculi arc 3 Years. this Day, where a Bell cuftomably is rung toCurrif, Is one that dreflcs or liquors Leather, wards Bed-time, it is (aid to ring Curfew. Stow's and is fo called of the French Word Cuir, c.
;
:

/'.

i.

Cerium, heather : The Word is ufed in all the Staof England to tutes made for the ii, It was ufual for the Kings good making of Leather, as affcmble the Bilhaps, Peers, and great Men of I Jac. cap. 22. the Kingdom to fomc particular Place, at the ^wrffr, Curftr, A Courier: or Exprcfi McffcnH. Rex Angl. &=c. L. Prin ipi chief reltivals in the Tear, and this Affcmbly is gcr of Hufte called by our Hiftorians, Curia; becaufc there Abcrfrawe Domino de Snoudon, Salutent, 8fc. SH nt~ about the weighty Affairs of the turn. Quia propter innndatior.es aquarum 6? viarum they confultcd ad nos accedert non Nation, and therefore it was fomctinies called cUfrimina Nuscii

Annuls,

in vita

Cm

Gul. Conqueftor.

SoUnnis Curia, generalis Curia, auiufialis Curia, and Curfcr quendam literas prtefentes duximus dejbnandas. Curia puhlica, &c. This Word was fometimes Cart. H. 3. taken for the Pcrfons, or fcudatary and other Curllto.', Clerlus de curfu, Is an Officer or Clerk Suit and Serbelonging to the Chancery, that makcth out origicuftomary Tenants, who did their So in a Charter nal Writs, 14 vice at the Court of the Lord 15 H. 8. cap. 8. They be called of Bernard At St. Watery, Anno 30 H. 3. we find, Clerks cf the Courfe, in the Oath of the Clerks of Wis teftihus, & omni curia mea. Kennet'j the Chancery appointed 18 E. 3. Stat. .5 cap. XJnico. There be of thefe twenty-four in Number, which Paroch. Antiq. f. 139. Curia aDtoifare bulf, Is * Deliberation which have allotted to them fcveral Shires, in which the Court fometimes takes, before they give Judg- they make out fuch original Writs as are by the ment in a Caufe, wherein there fecms to be any SubjeS required, and are a Corporation of themPoint of Difficulty ; for which, fee the New Book felves.
:

nofiri

poffunt,

per

&

Word. tf Entries on this Curia Hfriromitn. Sec Court-Baron.

Curfonefl

terras.

Sciant quod ego

WiUi-

Curia CancnifOium, The Court-lodge, or dimidiam coram, Manor-Houfe in a Lordfliip belonging to the Re- fton, &c. Dat. 14 Ed.
ligious.

elmus Crump,

dedi

&

-Henrico de Sweton unam duos curfoncs terra mea in Ly2.

Seems to

fignify

Ridges

Juxta Rivulum

extra

Curiam Canoniccrum. of Land.

is

Paroch. Antiq. p. 177. Curia rlauDcnTa, Is a Writ that lieth againft him who fliould fence and clofe up his Ground, if he rcfufe or defer to do it. Reg. Orig. fit. 155. F. N. B. fol. 127. Sec alfo The new Book of Entries, verbo Curia claudenda. Curia JDomini, The Lord's Houfc, Hall, or Court, where all the Tenants, if Need require, were bound to attend every three Weeks, but geof the Annunciation and St. nerally at the Fcafts Michael ; from whence the Courts kept at thofc Times, were called Curia generates, the General, or more Solemn Court.

CUrtef)? Of England, {Jus Curialitatis Angli*) where a Man takes a Wife feifed of Land in

Fec-fimple, Fee-tail general, or as Heir in Tail fpecial, and hath Iffuc by her, Male or Female, born alive; if the Wife die, the Husband mail hold the Land during his Life, by the Law of England, and he is called Tenant by the Curtefy e/ England ; becaufc this Privilege is not allowed in any other Realm, except in Scotland, where it is
called Curialitas Scotia. I do not find any fuch Privilege before the

Con-

Curia aournrus, The Day of coming

Suit and Service at the
dit

queft, here in England ; but it was a Cuftom before that Time ufed in Normandy, and probably

to
:

Court of the Lord

man, cap. 121. viz. Confuetudo efl in Normar.nia ex annum ad terminum ipjius unam Marcam 11 mi m adventum Curix ; /. e. For the Rent of a antiquitate approbata, quod fi quis uxorem habuerit ex Mark, and the Service of coming to the Lord's qua haredem aliquem procreaverit quern natxm vivum totiim feodum quod maCourt yearly. Paroch. Antiq. pag. 400. fuiffe conlliterit, five decefferit, ritus pofftdebat ex parte uxoris fu* tempore quo decefferit, Cuualitau #110,! as. See Curtefy of England. Curia flSilirum, A Court fo called, anciently ipfi marito ijuamdiu ab all is cefjerit nuptiis remanebit. held at Carubroke Caftle in the Iflc of Wight. Currepilf, Curtana, Was the Name of King Et idem Dominus Willielmus de [nfula debet facer* Edward the Confeffor's Sword, which is the firft feHam ad curiam Domini Cafiri de Carisbroc, de tribus Sword carried before the King of this Land at vacatur his Coronation. Mat. Parif. in Vita Renrici Tertii. feptimanis in tres feptimanas in Curia, qua And they fay the Point of it is broken, which Curia Militum. Inq. de Anno 47 Hen. 3. n. 3*. Curia J&enricanum, Id eft, Curia in civitate may feem therefore to be an Emblem of Mercy. Ceftrix coram Vicecomite ibidem in Aula Pcnticia Currilauf , (Curtilagium) From the French Cour, Civitatis. PI. in Itin. apud Ccftriam, 14 H. Court, and Saxon Leagh, locus: A Yard, Backejufdem this Court was originally kept fide, or Piece of Ground lying near a Dwelline7. It is probable under a Pentice, or Shed covered with Boards, houfe, where they fow Hemp, Beans, and fueh like. and thence took Denomination. Perfohunt (decimam) Ladis, hortorum, Curia l&crfOl.*, The Parfonage-Houfe, or Curtilagiorum, Lana, &>c. Provinciale Angl. lib.
per
,

pay derived from them ; it was called in their Lan1 Red- guage, Veuvete, de quo fie jura confuetud. Nor-

&

&

1-

differeth from Prefcription, for ali- or Town. Cufiom to more, and Prefcription garbam ittius that Cufiom is common to this or that Man. Again, Prebladi, ficut incamtis, percipiet. Inq. 36 Hen. 3. Mihiis particular not that Length of Time to fet it dict videtur Curtilagium {Stays Spelman) a Curtillum fcription asketh &> ago, fcil. lo us ubi cv.rtis vel curtilli negotium agitur, up as Cufiom doth, but is pleadable in a far It is mentioned Anno 4 E. 1. cap. mho. Anno 35 fhortcr Time, viz.- five Years, one Year, or lefs: Hen. 8. cap. 4. and 39 EViz. cap. 2. See Cofc, Example of five Years Prefcription you have in the PW. 6. /o/. 64. a. and Bulfirodes Rep. 1 part. fol. levying of a Fine ; for if a Fine duly Jevied of ll 3. Cum quodam gardino &> Curtilagio, 15 Edw. 1. Lands and Tenements be not impugned within And n. 34. by which it fecnis to differ from a Garden. five Years, it excludeth all Claim forever. CmtilfH fmas, Court-Lands. Among our if a Man omit his continual Claim for a Year Saxon Anceftors, thofe Thanes, who poffeft Bock- and a Day, then the Tenant in Pofleflion preinto In- fcribeth an Immunity againft the Entry of the land, or Hereditary Lands, divided them The Inland was that which lay Demandant, and his Heir. F. N. B. fol. -,$. Termes land and Outland. moft convenient for the Lord's Manfion-Houfe ; de la Ley, verba continual Claim. Out of the and therefore the Lords kept that Part in their Statutes you have greater Diverfity, which fee own Hands, for Support of their Family, and for ColleBed in Cowel's Infiitute , Tit. Be Vfucap. &> So that Briffenius in his 14. lib. Hofpitality. The Normans afterwards called thefe long. temp, prefcript. Lands Terras Domlnlcales, the Demains, or Lords de verb. Jlgnif. faith truly ; That Prefcription is an Lands. The Germans Terras Indomlnlcatas, Lands Exception founded upon fo long Time paft, as in the Lord's own Ufe. The Feudifis Terras Curti- the Law limiteth for the Purfuit of any Ation. or Intra curtem, Lands appropriate to the An Example may be taken from the Statute, les, Court or Houfeof the Lord. Spelman of Feuds, *. 5. 1 H. 8. cap. 4. which enafteth, That in all Anions popular, Information fhall be made within ttUrbarf and CurbatUS. See Cravare. Cuffantia, The fame with Cofiagium, which three Years after the Offence committed, or elfe be of no Force. Of like Nature is the Statute Cofts. fignifies CnffoDe armitfenfio, and Cuffcoe amob"nM?, Are 7 H. 8. cap. 13. which in fbme Cafes makes one Writs for the Admitting or Removing of Guardi- Years Prefcription fufficient againft Informations. is alfo ufed for the Tribute, or Toll that ans. Reg. Orig. in Indice. Cufiom Ctiacpea Citterfafie Sngll* autho^itate $ar!i* Merchants pay to the King, for the Carrying in amenfi. Was the Stile wherein Writs and other and out of Merchandife. 14 E. 3. Stat. 1. cap. did run during the late 21. In which Signification it hath the L<jf;Namc judicial Proceedings Times of Trouble, viz. From the Murder of Cufiuma. Reg. Orig. fol 138. a. 129, a. 4 Infi. fol. King Charles the Firft, till the Ufurpation by 29. And laftly, for fuch Services as Tenants of CromweU, mentioned and declared traiterous by a Manor owe to their Lord. New Book of Entries, verbo Cuftome. the Stat. 1 2 Car. 2. cap. 3. Ci'ffodiam Da r f , Was a Gift or Grant for Life Cufiomarp KtWtntH, {Cuflumarii, vel Tenentes Tradidit autem Rex WiUielmo filio Aldalmi civitatem per confuetudinem) a fuch Tenants as hold by the
3.

Tit.

cuius

de Decimis. bladum feminaretur,

Et

ft in

Curtilagio

decimam

Cange. Cufiom of the Manpr, as their fpccial Evidence. all one Signification Thefe were anciently Bondmen, or thofe that held with our common Lawyers and Civilians, being Tenura Bondagii : Et omnes illi qui tenuerunt in BondaConfuetudo gii tenura folebant vocari Cuftumarii. MS. de confueby both accounted a Part of the Law pro Lege fervatur, faith BraBon, parti- tud.man.deSutton-Colfeild de An. 3 Edw. 2. See quandocunque bus ubi fuerit more utentium approbata ; Longtvi Windas and Copyhold. enim temporis ufus &" confuetudinis nen efi vilis authoCulrom'l^OUlP, Is a Houfe in fcveral Cities and lib. 1. cap. 3. It may not unaptly Be thus Port-Towns, as London, &V. where the King's ritas, defined, Cufiom is a Law or Right not written, Cufioms are received, and all Bufinefs relating which being eftablifhed by long Vie, and the thereunto tranfarcd. See 12 Car. 2. cap. 4. Confent of our Anceftors, hath been, and is SerCuflom0 anD g>erbht0, Confuetudinibus daily pradtifed. Our Anceftors, that is, Majores ; viciis, Is a Writ of Right Clofe, which licth aand thofe of our Kindred that are ultra tritavum : gainft the Tenant, that deforceth his Lord of So that allowing the Father to be fo much elder the Rent or Service due to him. Of this, fee than the Son, as Pubertas, or the Years of Gene- more at large in the OldNat.Brev. fol.il. F.N.B. ncration do require the Grand-father fo much fol. 151. and Reg. Orig. fol. 1 56. elder than him, and fo uf-jue ad tritavum ; we Cuff08 H5;fl)iuni, Is the principal Clerk becannot fay. That this or that is a Cufiom, unlefs longing to the Court of Common Pleas, whofe we can juftify it hath continued fo at leaft one Office is to receive and keep all the Writs, and Hundred Years. For Tritavus muft be fo much put them on Files, every Return by it felf; elder than the Party that pleaded it; yet bc- and at the End of every Term to receive of the caufc that is hard to prove, it is enough for the Protonotariet all the Records of Nifi prius, called Proof of a Cufiom, if two or more WitnefTes can The Pofiea ; for they are firft brought in by the depofe, That they heard their Fathers fay, That Clerk of the Affife of every Circuit to the Proit was a Cufiom all their Time, and that their \tonotary that entered the Iflue in that Matter for Fathers heard their Fathers alfo fay, That it was the Entring of the Judgment. And then do the likewifs a Cufiom in their Time. If it is to be Protonotaries get of the Court a Peremptory Day, proved by Record, the Continuance of an Hun- for every Party to fpeak what he hath to alledge dred Years will ferve. Davie's Rep. fol. 32. Cufiom in Arreft of Judgment, which Day being paft, is either General, or Particular. General, I call he entreth the VerdiS and Judgment thereupon that which is allowed through all England, where- into the Roll of the Court And that done he of you may read divers in DoB. and Stud. lib. I. cap. doth at the End of the Term deliver over to the 7. very worthy to be known. Particular, is that Cufios Brevium all the Records of prius, which belongeth to this or that County, as Ga- which came to his Hand that Term ; Nifi which revelkind to Kent ; or to this or that Lordlhip, City ceived he bindeth into a Bundle, and beftoweth
Wexftndit, in cuftodia, bye. OUiflom, Confuetudo,

Du

Has

&

"

them

c u
Copies of all Writs and Records in his Office, and of all Fines levied. The Fines after they be cngrofTcd, the Parts thereof be divided between the Cujlot Brevium and the Chtrograpber ; whereof the Cbirographrr keepcth always the Writ of Covenant and the Note ; the Cuftos Brevium keepcth the Concord and Foot of the Fine ; upon which Foot the Chidoth caufe the Proclamations to be enrograplxr dowed, when they be all proclaimed. This OfThere is alfo a Cuftos fice is in the King's Gift. Brevium ft" Rotulorum in the King's Benrb, who filcth fuch Writs as are there ufed to be filed, And all Warrants of Attorney, and tranferibeth, for maketh out the Records of Nift prim, cfc. See King's SwanCuftO.6 CpgllO^um IRvfllli.
Exemplifications and
herd.

D A
1

them in apt Place. The Cujlos Brevium alfo Holland and Zealand, called Cutti, which arc flat makcth Entry of the Writs of Covenant, and and low, built very commodioufly for tranfportthc Concord upon every Fine, and makcth forth ng of Horfes. Stow. Annal p. 4 2
U'tft of tl)P (*Uepu, Is an Officer in the Exchequer, that provideth Wood for the TaUeys, and cuts the Sum pay'd upon them, and then callcth the fame inro the Court to be written upon.
Gall. Cuve. Angl. Keev, Ktever, A Tub Cuu<ij or Brewing-vcffcl. Vid. Cuna. It alfo fignifies the lime with Cupa, a Cup. v- UPiiajjr, Is a Word ufed in the Statute of 11 H. 7- op- 4- for the making up of Tin into that Fafhion, as it is ufed to be framed, for the better Carriage of it into other Places. *. viae, A long Garment, clole upwards, and open or large below Matth. Pari/, fpeaking of the Citizens of London, tells us, they were Sericis

auri textis circundati. Vejlimentis ornati, cycladibus

Anno

1236.

CputbotP, The fame with Cenegild. Brail, lib. 2. Et debent habere amerciamtnta (JCl'ptUli!. dluffntf $iarito?mn Cr?on*. This feems to be all one with him whom de expeditationt canum, mel &f nuces, cyppos per cap. j.

&

we now

call
is

Mention

Cups made in

Rotulorum.

Of

this Officer totam

the Writ

De

OJio &>

Ada,

; Reg. Orig.foL 133. uiulfoa ifiotmojutn, Is he that hath the Cuftoor Records of the Seffions of dy of the RoHs, Peace ; and as fome believe, of the Commifiion of the Peace it feif. Lamb. Eiren. lib. 4. cap. 3. He is always a Juftice of Peace and tag. 373. in the County where he hath his Office ; Atheljlane, cap. 1 5. viz. Et jurant quod ittud pecus Quorum, and by his Office is rather termed an Officer or intertiatum, (i. e. fequcftred) in peculio fuo natum i. e. Minifter than a Judge, becaufc the Cdmmiffion eft, Jine Rimatb ftet. the/. Cyreath, Jusjuof the Peace layeth by exprefs Words this fpe- randum eleSum fuper 20 Den. him Quod ad dies fif" loca pr*cial Charge upon tyfirbiPCr, (.Sax.) Irruptio in Ecclejiam IndiB amenta Eccl. Canuti Regis. difta, Brevia, Pracepta, Procerus & te &P alils Sociis tuts venire fac. Lamb, CjPJiCkffBIj Is a Saxon Word, fignifying a TriprediHa coram ibid. Where you may find a large Traft con- bute due to the Church, Vecligal Ecclefit, Eccltfta ex eo dato domicilio in this Officer. Whofhall appoint the Cenfus. Primitias feminvm

Rylcy's Placit. Pari. fol. his New Gloffarium, fays it a Net but Qutre. 1 rather fignifies Rete, think, in the Authority before cited, it fignifies a Sort of Berries ; poffibly Hips and Haws. CWfartl, > e. Jusjurandum datum, viz. Quod cum aliis conjurateribus a majori numero eletiis quis : We read it amongft the Laws of King praftat
forejiam. 652. Du Frefne, in

&

LL

cerning

Cujlos
c.

quifq;

Rotulorum in every County, and 3 fiP 4 E. 6. cap. 1 8p 2

.

fee

37

H.
674.

8.

I.

quo

die iffe natali

Infl. fol.

Of the S>pilltlialinff, Cujlos Spiritualitatis vel Spiritnalium, Is he that exercifeth Spiritual or Ecclefiaftical Jurifdi&ioo, of any Dioccfe, the Vacancy of the Sec. The Appoint-

CuftOS

di, vol I. fol. nal of this Cuftom,

Domini commoratur. Spelm. de ConSee the Origi125. See Churcbejfet.

hiftorically delivered,
roch,

and the Continuance of it, by Mr. Ktnnet in his Pa-

during ment of whom, by the Canon-Law, appertains to the Dean and Chapter but at prefent with us in England, to the Archbifhop of the Province Howbeit, divers Deans and by Prefcription in the Preface to Chapters, (if Gwin fay truly his Readings') do challenge this by ancient Charters from the Kings of this Land. CuftOB SUnnwalium, The Perfon to whofc or Abbey, was committed Cuftody a vacant See, as a Stewby the King, as fufreme Lord Who, ard of the Goods and Profits, was to give Account to he Efbeator, and he into the Exchequer. His Truft continued till the Vacancy was iup; : :

Antiq. p. 603. <LP,tpu?, Scirpus, Rufhes. It was in old Times a common Prafticc, (and is ftill in fbme Places retained, more cfpecially in Wales)io bring Rufhes,

and ftrcw the Body of the Church, for the Convenience of Warmth and better Kneeling. And hence it was laid as a cuftomary Service on fome

mer.
cyrpos per

Perfons, that they fhould find the Church with Straw in Winter, and with Rufhes in the SumIn Ordinatione Domini Jocelini Epifcopi Bath, fuper thefauraria Eccleft*. Wellenfis, facia An. 1216. Ordinatum eft ut tbefaurarius inveniat
tjlatem.

Reg. Dec.

&

Capit.

Well

MS.

the King's by a Succeflbr, who obtained Writ De Rejlitutione Temporalium, which was commonly after Confecration, yet fometimes beplied
fore.

CuftoG trru^rtim, Keeper of the Truce. Edward the Third conftituted by Commifiion two the Truce between him and the King of Keepers of
Scots,

With Nos

volentes

Trcugam

Jive fuffcrentiam

Johannes Birt pofuit in quar.dam naDacras cvrei laneati 23 Aug. 39 Eliz- Placit. An. 41 Eliz. IPaflgn'lUS, Daggardus, Gall. Dagne, Brit. Daga, Habentes cult ell s, qucs Engl. Dagger. daggcrios vulgariter dicu/it. Henr. Knyghton in

vem DUcra. decern

ad nos pertinet obfervari, CvC. Rot. Ed. III. pr&diftam quantum agu. See ei. Scotiae 10 Edw. 3. m. 36. intus. JDmluB, STHiia, aiutr, A certain Mcafure of Cutl), i. e. Cognitus, known. in the Land, viz- Et totam Dailam marifa tarn de rojfa Flat-bottomed Boats, ;ifcd Cllttfif, A. D. 1474- quam de prato, &c. Monafticon, 2 Tom. p. 211 Channel for tranfporting Horfes. when King Ediv- IV. came to Dover, the Duke of In fome Places 'tis taken for a Ditch or Vale, to help his Paflage, font 500 Boats of bine Anglice, a Vale is called a Dale. Du Cange,
Burgundy,

JDaie .1

D A
Ponderum Compofitione of Menfurarum, 51 H. 3. a Laft'of Hides confifts Hides Ddkirs, and every Dahr of ten twenty But by 1 Jac. cap. 33. a Laft of Hides is twelve Dozen. See Dicker of Leather pojlea. IBalmatka, A Garment with large open Sleeves, ufed at firft only by Bifhops, fo called, becaufe
IDatB. See Deis. ^aftir, By the Stat.

D A
&
:

De

mages are incertain, which the Plaintiff mull pay to the Prothor.stary, or Chief Officer of that Court, wherein they are recovered, before he fhall have Execution for them. This was no other originally than a Gratuity given to the Prothonotaries

it firft

came from Dalmatia,

and their Clerks, for drawing fpecial Writs and Pleadings, which afterwards grew to a Certainty; and was, as fome have fancied, of old, a tenth Part of the Damages recovered For it appears by
:

ancient Records,
Candida ut extenfis niteat Dalmatica rugis, Fimbria neve erret huic fine lege Uvis.

hath been incertain, fometimes a Sixth, and at other Times a Third Part. This is taken 6. by 17 Car. 2.
that
it

from and after the 29th of Septemb. 1672. and till or that Time was to be paid out of fuch Monies JDalUtf, Dailus, Dayla, A Dale, a Valley, Et in eadem -villa terrain trium only as fhall be actually levied, or otherwife paid low Place. hul- by the Defendants, and only for the tres dalos prati, &> unum carrucarum, Proportion miim. Mon. Angl. torn. I. p. 680. 8p totam daylam of the Money which (hall be lb levied or paid de prato. Mon. Angl. and no more, or otherwife. marifci, tarn de rojfa,

away

cap.

&

damage frefatlf, That is, doing Hurt or Damage, and is when a Stranger's Beafts are in another Man's Ground, without Licenfc of the Tenant of the Ground, and there do feed, tread, and otherwife fpoil the Corn, Grafs, Woods, and fuch like : In which Cafe the Tenant, whom they damage, may therefore take, diftrain, and impound them as well in the Night, as in the Day. But in other Cafes, as for Rent and Services, and fuch like, none may diftrain in the Night. Stat, amagfj Damnum, Generally lignifieth_ any de difiriBicne Scaaar. An. 51. Hen. 3. S.imifeUa, A light Damofcl, a Mifs Hurt, or Hindrance that a Man takcth in his Eftate; but in the Common Law it is a Part of WiHielmus Hoppefhort tenet dimidiam virgatam that the Jurors be to enquire of, pafling for the term In Bockhamton de domino Rege, per fervitium Plaintiff or Defendant in a civil Action, be it cujlodiendi fix Damifellas,/^. Meretrkes, ad cujlum Perfonal or Real. For after Verdift given of the Domini Regis 12 Ed. I. i. e. by Pimp-Tenure. See are likewife asked their Blount's Tenures, p. 39. Iprincipal Caufe, they Damnum, Infra damnum fuum, Within the Confciences touching Cofts (which be the Charges' called of the Civilians, Expenf* Litis) Bounds or Limits of his own Property, or Jurifjof Suit, Si quis invenerit in damno fuo and Damages, which contain the Hindrance that di&ion. Bract, lib. 2. dc Co the Plaintiff or Demandant hath fuffered, by aucas, gallinas aut capras, .Animalia in Damnis diBorum Means of the Wrong done to him by the Defen- ron. ca. 37. Mon. Angl. Tom. 2. p. 862. dant or Tenant. Co. on Lit. fol. 257. By the Sta- Fratrum inventa. tute 48 E. 3. 22. a Means for the Recovery of Hence a Dam, a Boundary or Confinement ; to Damages was given to the Defendant in an Ap- dam up, to dam out. of the Felony. And an, The better Sort of Men had the Title of peal, when he was acfiquitted the Statute of Weft'm. 2. Anno 13E. 1. cap. 12. Dan, as the Spaniards Don, from the Latin Dothan a Writ minus. gave a more expeditious Redrefs, of Confpirrcy againft Procure^ and Abettors anegelr, o; anrfgHo, (dBtlt in Dutch figThis Word Damage is taken in the Law in two nifies Money) was a Tribute laid upon our Anfeveral Significations ; the one properly and gene- ceftors of is. after of zs. for every Hide of the other JlriBly and relatively ; Properly, Land, through the Realm, for clearing the Seas rally , as it is in the Cafes where Damages arc founded of Danifb Pirates, which heretofore greatly anUpon the Statute of 2 H. 4. cap. 1. and 8 H. 6. noyed our Coafts. Camb. Britan. 142. King Ethelwhere Cofts are included within this Word dred being much diftreffed by the continual Invacap. 9. Damages : For Damage in its proper and general sion of the Danes, to procure his Peace, was faid a demendo, when a Thing by compelled to charge his People with Signification, is heavy PayDiminution is made worfe ; and in this Senfe, ments, called alfo Danegelt. As firft, he paid Cofts of Suirs arc Damages to the Plaintiff, for 1 0000/. then 16000/. then 24000/. after that by it his Subftance is diminifhed. But when the 36000/. and laftly 48000/. to the Danes. This Plaintiff declares the Wrong done to him, to the Danegelt was rcleafed by St. Edward the Confeffor, Damage of fuch a Sum, this is to be taken rela- but levied again by William the Firft and Second : for the Wrong which is parted before the Rcleafed by Henry the Firft, and finally by King tively, Writ brought, and are affeffed by Reafon of the Stephen. See Hoveden, par. pofi. Annal. fol. 344. a, Trcfpafs aforefaid, and cannot extend to Cofts of Spelman's Glojfarium, and Selden's Mare claufum. of another Nature. fol 196. Et fint quieti de Lene, Danegeld Suit, which are future, and de omnibus aliis confuetudinibus, C5V. See Co. lib. 10. fol. 116, 117. Gaywithinte
Dali prati abovementioned, leem to be fuch Balcks or narrow Slips of Pafture, left between the ploughed Furrows in arable Land, which in fome Parts of England arc dill called Doles, and Dools. The old Britifh Dol, and And the prefent Weljb ufe Doldir was a Vale. the Word Dol, for a low Meadow by a River This the original Name and Nature of Side. Deal in Kent, where Ctfar landed, and fought the Britains: Cttfar ad Dole helium pugnavit. Nennius.
3.

Tom.

p.

211.

The

quam

&c

&

&

atltage ClECrp,

Damna

clericorum. Is

now

affef-

Charta Hen.

7.

Ballivis

& Burgens.

fed by the tenth Part in the Common Pleas, and mer. the twentieth Part in the King's Bench and ExcheJDantlaga, See Merchenlage. of all Damages, ("exceeding five Marks) reanger, Dangeria, A Payment in Money, quer, covered either by Verdift, Confeflion, or Judg- made by the Foreft-Tenants to the Lord, that ment of the Court, in all Actions upon the Cafe, they might have Leave to plough and fow in Covenant, Trefpafs, Battery, Falfe Imprifon- Time of Pannage, or Maft-fccding ; in fome ment, Dower, and all others, wherein the Da- Places called Lyef-filver, and
Leffilver.

Mountgo-

JDanmonii,!

DJV
(
l

D A

obferves, in his Annotations oa Heb. 10. aj. That IDanmonii, Cornwall and Devonjb'tre. The Lizard in the Word Day, in all Idioms, doth fignify JudgIDtinmoiliO^um p JOmoiltO miUi, ment. So 1 Cor. 3. 13. Ar9p."N " is Human Cornwall. np.<f<?, JD.lllUlll, Doncafler in Torkfhire. Judgment. And 011 this Occafion, it may not be a domeftick improper to obferve, (becaufe no Notice has TDapifrr, A Dapes ferendo. At firft like our Steward of the Hoiifiiould, or ra- been yet taken of fo fmalla Matter) that the Ad Officer, ther Clerk of the Kitchin; then by Decrees any dition of Vey or Day, to the Doom-book, or Liber the Chief Steward, Judicialis, the General Surrey, in Time of Will. fiduciary Servant, efpccially Ma- Conq. was not meant with any Allufion to the or Head Bailiff of any Honour, Barony, or moft of our Re- Final I think Dapifer Regis, is in nor. Day of Judgment, as moft Pcrfons have For Day docs not augment the Senle to be taken for Steward of the King's Houf conceited cords, of the Word, but only doubles, and confirms the bold. n Oak is cal- fame Meaning: I fuy, The Syllable dey or IDaroilP, i. e. A Dart. In Walts an day, in that and Dart is Telum. Compofition, does not really fignify the led Bar, Meniurc of Time, but the Adminiltration of Juftice. So as Domefday Book is but more Scuta tenant, dardique volant. emphatically, the judicial decifive Record, the Book of lib. 7. cap. i.J IDarf a.0 remanrnfiam, {Glanvil, dooming Judgment, and decreeing Jufticc. ^ <i)>e of ^efil'inil, A Term ufed in the ExSee Remainin Fee, or for ever. To
: . ,

give

away
Is

der.

chequer; for the Explanation whereof,

i.

fee Re-

JDartfllK
nier,
c.

a Corruption from the French Der- membramer. ultimus and we ufc it in the fame Senfe ; 5Cafri^,
:

as

See Continuance. JDarrrpie CotltinuailCf. TDarrepiU' l^efenfmtilt, Ultima prtfentatio. Affife of Darryene Preferment. no Dates, but per Syncopen, <S>a.ipa. Hefycbio exponitur .ahejit JDaie, The ancient Deeds had and the Year, to fignify that they f*TKf\!?, gnara, perita. Non enim cujufvis efl curaonly the Month were not made in Haftc, or in the Space of a re laBicinia, fed, a laBiciniis edulit concinnatarum Jinand more mature Delibe- gulari rufl'narum rerum experientia imbutam effe opotDay, but upon longer with thefe tet. Omnino interim hue pertinet, quod GaUis Dariole rations; and the King's Grants began &c. but the Grants dicitur cibi genus, Gallis alias nuncupatur, futuris, Words, Prsfentibus quod iifdem of common Pcrfons began with Omnibus prtfentes Lai&eron, vet Flan de Laid. Ac fortaffe quoque Darnis ab eadem origine ; Darerc dictum literas infpeBuris, &>c. efl jentacuin Latin cal- lum, quod Septentrionales lailiciniis jentare funt foliti. ate, Is the Fruit of the Tree, of which who Both thefe Conceits of Sk.nner and Junius, arc led Palma, inEnglifli the Date-tree ; will underftand the Nature or Diversities, may trifling Conjefcures. And indeed nothing has more read Gerrafd's Herbal, lib. 3. cap. 131. They be cxpofed the noble Studies of* Etymology, than numbred among the Spices and Drugs to be gar- the Fancies and Flights of fome great Men ; who

The Dayrie, Dairy, It is derived by Dr. Skinner from the Fr. Derriere, as if the Dairy were on the back Part, or behind the reft of Sec the Houfe. The learned Fr. Junius is no more happy, when he refers it to the Greek, AH<f, c>

&

by indulging their Wit, and their Invention, given, or have made fuch odd and farfctcht Allufions, as Whether a Will and Plcafure. nothing but a like Heat of Fancy, could imagine difpofed at But to return, the Word Deirie or Prior fhall be Datife, and Removeable, or Perpetual, or believe. Anno 9 Rich. 2. cap. Dairy is originally Englifh, from Day, Deie, Sax. be tried by the Ordinary. JbaU Datife 6 s Removeable, fuffer Efcape, re- Dag ; and Signified at firft the daily Yield of 4. Si Prior Ed. 3. 9. 10. MilbCows, or the daily Profit made of them. fpondeat Superior. 45 JDablD, St. David's Head. See OBopiia'rum Pro- As a Day-were of Land, was one Day's ploughing, which the Fremb called Journal, Lat. Jornale ; montorium. JDairach, Davata Terr*, A Portion of Land in and our Mid-land Farmers ftill call a Journy. So Scotland Co called.Apud prifcos Scotos, one in Lorrain and Cbampaigne, they now ufc the Dawacb of Land, qucd continet quatuor aratra term, Word Dayer, for the Meeting of the Day labourSkene ocfo bobus. ing Women to give an Account of their daily quorum unumquodque trahitur numerum davatarum, feu ba- Work, and receive the Wages of it. Hence any fjon fiet taxatio juxta roniaram ; fed fecundum verum valorem boncrum. Sta- young Artificer, who aflifts a Matter Workman, ftill called a Journey-man. As a Threfher, is tut. David. Reg. Scot. cap. 48. Is fometimes ufed in the Law for Hcdgcr, &>c. who works by the Day, is termed a 3DflJ>, Dies, the Day of Appearance in Court, either originally, Days-man. And I am apt to think, th^t the Woor upon Aflignation, and fometimes for the Re- man hired by the Day, to help in the Kitchin, turns of Writs. For Example, Days in Bank be Qr-c. ufually called a Cbair-woman, is no more of the Court, than a Jour woman, or Journe-woman. A Dairy Days fct down by Statute, or Order when Writs fhall be returned, or when the Party in the North, is called The Milknefs ; as the Dai' Writ fcrved And of this ry-maid, is in all Parts a Milk-maid She is cal/hall appear upon the 1 H. 3. cap. 1,2. led Androcbia by Fleta, lib. z. cap. 87. Andro.hia you may read the Statutes 5 Marl. cap. 12. 52 H. 3. and 32 H. 8. cap. 21. To pudica effe debet, & laboriofa daerix Computus be difmifTed without Day, is to be finally difchar- Henrici Dcye, cf Johanna: uxoris fua., de omnibus He had a Day by exitibus, fiP proventibus de Dayri Domini Prioris de ged the Court. Kitchin jol. 193. the Roll, Id. 197. that is, he had a Day of Burnccftre. Paroch. Antiq. p. 548 Computant Jol. afhgncd htm. Day, Year, and Wajle. de xxxv. folid. vi. den. rectptis de daycriarfe la Breche,
bled.
1

Jac. 19.

IDatttif,

or Datife, That

may be

Appearance See Dies and

Tear.

Id. p. 570.

Northern Parts of EngIDapuJCre Of KLatlO, As much arable Ground Arbitrator, Umpire, or elc&ed Judge as could be ploughed up in one Day's Work, or land, any is commonly termed a Deies-man, or Days- man : one Journey, as the Farmers ftill call ij.Which reminds me of what Dr. Hammond well Confrmavi Abbati fc> Conventui de Rading, trei
1Da8;,Jlriail,

In fome

acras

u\

D E
5 a'ras, cV fexdecem

D E
Cardewarrennata, Sp
deafforeftata

J Edw. II. MS. f. 144. Placit. temp. Edw. I. 90. a. Com <Dc bene cite, Arc common Latin Words, but In manerio de Stiventon, Cnm.' IDapnpniif, As thus, Berk, virgatarii fecaburit in Autumno per tres dies their Meaning is fomcthing more dark To take or do a Thing de bene ejfe, is to allow or tunc qtiilibet fecabit dimidium acre, feptiman, vxatur Plac'it. An. 9 Ed. 1. accept for the prefent, till it comes to be more

Daywere,
f.

de terra aral'ill

tular.

Rading. MS.

&

in perpetuum-

&

&

Daynynne.

is a Pro'fcfliorr :Jfeufi {Feuda &> Taida) of an irreconcileaWe Enmity, till we are rcveneven by the Death of our Enemy. It is deduced from the German Word (jffeeD) which, as Igcd Hottoman, {in verbis Feudalibus) faith, Modo bellum, modo capitales inimkitias Jignificat. It is ufed Anno 43 Elit. e. 13. And fuch Enmity and Revenge was allowed by our ancient Laws in the Time of the Savons, viz. where any Man was killed, if a the Kinpecuniary Satisfaction was not made to dred, it was lawful for them to take up Arms and this is revenge themfelves on the Murderer, and called Deadly Feud, and probably this was the Original of an Appeal. See Mortgage. JDtat) IPleDgf, Mortuum vadium.

Dead?

fully

ing

to

examined, and then to ftand or the Merit of the Thing, in

quantum

fall,
its

accord-

own NaSo
in

ture, fo that valeat

valere pctejh

Chamery, upon Motion for one of t!ic lefs principal Defendants to be examined, the Court fometimes will order it de bene ejfe, that is, he may be examined, but fo, that upon Hearing, and fully examining the Cafe, his Deposition may be al lowed, or fupprefled, as the Court fliall think fit. See Langham's Cafe, Cro. 3 par. fol. 68. So alfo at Common Law, the Judges frequently take Bail de bene ejfe, that is, to be allowed or difallowcd upon the Exception, or Approbation of the Plaintiff 's Attorney; however in the Interim, they have a Well-being, or conditional Allowance.

from being Dcafltyefieu, That is, difcharged or exempt from the Foreft-Laivs, 17 Car. 1. cap. 16. Johannes Dei Gratia, V. Arcbiepifcopis, Sciatis nos omnino Dcafforeftafle ForeEpifcopis, &>c. Forede Brewood de omnibus qux ad Foreflamflam volumus QP firmiter pertinent. Qjiare
Forefl,

Debenture was by a Rump-AB in 1649, ordained to be in the Nature of a Bond or Bill, to

charge the Commonwealth (forfooth) to pay the Soldier-Creditor, or his Afligns, the Sum due upon auditing the Account of his Arrears. The Form of which Debenture, as then ufed, you may fee in Scobel's Rump- Ails, Anno 1649, cap. 63. The Word is alio mentioned in the Aft of Oblivion, T2 Car. 2. cap. 8. SeB. 7. and is ufed in the Sec Auditor of the Receipts. In the Exchequer. King's Houfe, Debentures are given ufually to the King's Servants, for the Payment of their Wages, Board-Wages, and the like.

&

flarios

mus quodprtdiBa

Fotefla

& homines

in ilia

haredes eorum Jint Deafforeftati imperpetuum, Dat. apud Brug. 13 Martii Annoregm noftri 5. 5Dcan, (Gr. A'6*er@- a fintf, decern) is an Ecclefiaftical Magiftrate or Dignitary, fo called,

manentes& &c.

prtcipj1

becaufe he prefides over Ten Canons or Preben call him a Dean that is daries at the lead. 3Dpuet f folef, Are Words frequently ufed by under the Bifliop, and Chief of the Chapter, or the Reft of the Writers of the Common Law. For Example, dinarily in a Cathedral-Church ; and the Society or Corporation we call Capitulum, the it is faid in the Old Nat. Brev. fol. 98, This Writ But how diverfly this Word is. ufed, de feBa Molendini, being in the debet folet, is a Chapter. read Lyndeviode. Tit. De Conflitut. cap. 1. verbo, De- Writ of Right, &c. And again, fol. 69- a Writ where Rural Deans are fa id to be of Qupdpermittat, may be pleaded in the County cani Rurales certain Perfons that have Jurifdiction Ecclcfia- before the Sheriff, and it may be in the debet & ftical over other Miniftcrs and Parifhcs near ad- folet, or in the Debet without the Solet, according them by the Bifliop and Arch- as the Demandant claimeth ; wherefore Note, joining, afligned That thofe Writs that be in this Sort brought, deacon, being placed and difplacccl by them Such are the Dean of Croyden in Surrey, Dean of have thefe Words in them, as formal Words, not to be omitted: And Battel in Suffex, &c. according to the Diverfity of As there arc two Foundations of Cathedral- the Cafe, both debet and folet, or debet alone Churches in England, the old and the new, (the That is, if a Man fue to recover any Right by new are thofe which Henry the Eighth upon Sup- Writ, whereof his Anceftor was difleifed by the or Tenant, or his Anceftor, then he ufetb only the preflion of Abbies transformed from Abbot, Prior and Convent, to Dean and Chapter) fo there Word debet in his Writ ; becaufe folet is not fit, are two Means of creating thefe Deans For thofe by reafon his Anceftor was difTeifed, and the But if he fue for any of the old Foundation were exalted to their Dig- Cuftom difcontinued that is now firft of all denied, then he nity much like Bifhops; the King firft fending Thing out his Conge d'EJlire to the Chapter, the Chapter ufeth both thefe Words, debet &> folet; becaufe then chufing, the King yielding^ His Royal Af- his Anceftors before him, and he himfelf ufually fent, and the Bifliop confirming him, and giving enjoyed the Thing fued for, as Suit to a Mill, or Thole of the new Common of Pafture, until the prefent Refufal of his Mandate to inftal him. Foundation are by a fliortcr Courfe inftalled, by the Tenant. The Like may be faid of Debet &> Virtue of the King's Letters Patent, without ei- Detinet : As appeareth by the Reg. Orig. in the ther Eleftion or Confirmation. This Word is alfo Writ Dedebito, fol. 140. IDcbtfn, or 3De Detnto, Is a Writ which lieth, applied to divers that are the Chief of certain where a Man oweth to another a certain Sum of peculiar Churches or Chapels, as the Dean of the King's Chapel, the Dean of the Arches, the Dean of Money, upon an Obligation, or other Bargain, Nee Colle- for any Thing fold unto him. F. N. B- fol. 1 1 9. St. George's Chapel at Windfor, &c. ull.t nee jurifdiBione donati, This Writ is fometimes made in the Detinet, and gia ali.ui prxfeBi, nomine tamen velut honoris gratia inflgnes, fays Spel- not in the Debet, which properly falleth out, where a Man oweth an Annuity, or a Quantity man. ealxiatTPnnatS, Difwarrenned ; when a War- of Wheat, Barley, or fuch like, which he reren was broke up, and laid in Common. King fufcth to pay. Old. Nat. Brev. See before fol. 7 J. Henry III. in a Charter to the Citizens of London, Debet &P folet. dated 18 Aug. Anno Reg. II. grants to them, Deceit, (Deceptio, dolus) Is a fubtile, wily Shift, tota Warrena de Stanes, cum pertin. fuis or Trick ; whereunto may be drawn all Manner fit of

We

&

of Craft, Subtilty, Guile, Fraud, Slight, Cundening, Covin, Collufion and Practife ufed to ceive another Man by any Means ; which hath no other more proper or particular Name than z. Symbol. Tit. InDe<eit, or Offence. Wejl. pag. dictment*. Sett. 68. See Cofening, and new Bock of
Entries,

Regifter, which lay againft thofe that had farmed the triors Aliens Lands of rhe King, for the Rector of the Parifli, to recover hit Tithe of them. Reg. Orig. fol. 179.

in the

Dicinertf,
Decennarii,

alias
It

Cometh of

IDi.cnmere, alias TSrfintrg, the French Dhjer.e, i. c.

vcrbo

Difceit.

Decas,

Ten.

fignineth in the ancient

Monu-

ments of our Law, fuch as were wont to luve the Oversight and Check of Ten JDftfntU, and JDrtCnnicrf?. Sec Deciners. Friburghs, for IDC rennarp {Decennaria) The Limits or Com- the Maintenance of the King's Peace; and the Limits or Compafs of their jurifdiction was calSec Deciners. pute of ten Friburgs. led De.enna. Brail, lib. 3. trail, z. IDficntUHJ. Sec Favfetum. Of cap. 1 j. fcentione. Is a Writ that lieth properly a- whom you may alio read Fleta, lib. 1. cap. 27. and b. Thcfe fecmed to have gainft him, that deceitfully doth any Thing in the Reg. Orig. fol. 98. large Name of another, for one that rcceiveth Da- Authority in the Saxons Time, taking Cognifanco Hurt thereby. F. N. B. fol. 95. This of Cuules within their Circuit, and rcdrcfling mage or Writ is cither Original, or Judicial at appearcth Wrongs by Way of Judgment, as you may read by the Old. Nat. Brev. fol. 50. where you may in the Laws of King Edward, fet out by Lamb, For foroe Satisfaction, numb. 32. In later Times Mention is made of read the UCc of both take the Words of that Book ; This Writ of De- thcfe, as in Button, cap. 12. who faith in the Perfon (as he writeth his whole Book in ceit, when it is Original, licth in Cafe where De- King s * We will that all thofe that be ceit is ufed by one Man to another, by which that Manner) 4 fourteen Years old, lhall make Oath, that Deceit he may be disherited, or otherwife evilthey * will be fumcientaadloyaluatoUs, and intreated, as appcareth by the Regifier, &c. And thatthcy 1 will neither be Felons, or when it is fudlial, then it licth out of the Rolls alTenting to Fdon*; * and We will that all be en dozeine &> pltvit per of Record ; as in Cafe where a Scire facias is fent ' to the Sheriff, that he warn a Man to be before deleters, that is, profefs themielvcs of this or the Jufticcs at a certain Day, and the Sheriff re 1 that dezeine, and make or offer Surety of their ' turns the Writ ferved, whereas the faid Man was Behaviour, by thefe or thofe Dozeniers, except not warned, by which the Party that fued out the 1 religious Perfons, Clerics, Knights, and their Yet the fame AuScire facias recovereth ; then the Party which ! eldeft Sons, and Women.' ought to have been warned, (hall hare the (aid thor in his Z9 Chapter, towards the End, doth Writ againft the Sheriff. In the Terms of the Law, fay, That all of twelve Years old, and upwards, are pumftwble for not coming to the Turn of verba Deceit, it is faid, That the Original Writ of Deceit lieth, where any Deceit is done by a Man the Sheriff, except Earls, Prelates, Barons, Reto another, fo that he hath not fufficicntly per- ligious Perlbns, and Women. Staundf. plac ccr. f. formed his Bargain, or Promife: In the Writ 47. out of Fitzherbert hath thefe Words, ' The * lame Law is, where the Dozeniers make Prefuciiial, he concurreth with the former Book. Sec Reg. Orig. fJ. 1 1 2. and the Regift. Judicial, in * fentment, that a Felon is taken for Felony, and ' the Tabic, verb* Deceptions delivered to the Sheriff, And Kitchin, out ectfJB tanrum Is a Writ that lies againft a of the Regifler, and Britten faith thus, Religious Juror, who hath taken Money for giving his Perfons, Clerks, Knights, or Women, iFin.ll rot Verdict; called fo of the Effect, becaufe it is be Deciniers, ftl. 33. From all which Premifles to recover Ten-times lb much as he took. It lies may be gathered, That of late Times, this Word alfo againft Embracers that procure fuch an En- fignifieth nothing but fuch a one as by Oath cf Anno 38 Ed. 3. cap. 1 3. Re%. of Writs, fol. Loyalty to his Prince, is fettled in the Combiqueft. 188. F. N. B. fol. 171. New Book of Entries, ver- nation or Society of a Dczein. And a Dezeine feemeth to extend fo far as every Leet excendeth ; bo, Decies tantum. *Tis well known what is becaufe in Leets only this Oath is niiniftred IDf cittlie. Tithes by meant by Tithes in the Old Tcftament, but 'tis the Steward, and taken by fuch as are twelve not fo plain in the New Law, when Tithes were Years old, and upwards, dwelling within the firft to the Priefts Some arc of Opinion Compafs of the Leet, where they are fworn. given that it was not long before the Time of Charles F. N. B. fol. 161. a. The particular of this Oath the Great ; and particularly Father Paul, in his you may read in BraSen, lib. 3. trail. 2. cap. 1. Italian Treatifc Di materie But this muft num. I. where he fetteth down Fifteen Years for beneficial!. be a Miftakc becaufe we find that in the fecond the Age of thofe that are fworn to the King's Council of Mat'ifcon, Anno 585. cap. 5. it was long Peace; but lib. 3. trail. 2. cap. n. num. 5. he before that Time, viz. Leges divina confulentes fa- namcth Twelve Years. See Inlaughe. From hence cerdotibus Ecclefiarum pro hareditatis portione omr.'i po- we may note the Diverfitics between the ancient fulo pracepermt, Decimas fruBuum faarum, Qpc. and prefent Times, in this Point of Law and Vnde Statmmus ut mos antiquus a fidelibus reparetur, Government, as well for the Age of thofe that Decimas Ecclefiafikis famulantibus ceremonus po- are to be fworn,. as alfo that Decermier is not now ufed for the Chief Man of a Dozen, but him that pulus omnis inferat, &c. And laftly. That JDecnnahon, Decimatio, The Punifhing every is fworn to the King's Peace tenth Soldier by Lot, was termed Decimatio Legi- now there are no other Dozeins, but Leet ; and onis : It may be ftretched to fignify Tithing, or that no Man ordinarily givcth other Sccuriry for paying the tenth Part. There was another Sort the Keeping of the King's Peace, but his own of Decimation in the late T imes of Ufurpation, Oath. And that therefore none anfwerech for which too many of his Majefty's Loyal Subjects another's Trangreffion, but every Man for himhave fo much fad Caufc to remember, that I need felf. Sec Frank pledee, and 1 par. Infifol. 37. not renew the Memory of it. Der'a^tion, Declaratio, Is a Shewing 10 WriJDmniis fnluenuie p20 offefRcmibu.0 alie nitre* ting the Grief and Complaint of the Demandant narum, Is a Writ, or Letters Patent, yet extant or Plaintiff, againft the Defendant or Tenant, S 2 wherein

ecem

tales.

Sec Tales.

&c

&

bouring Villages, who ufually came thither; and fuch Affemblies were allowed by the King. Ad Councils, that pertained to one Matter under Dedicationes, ad Synodos, &V. venientibus jit fumma It was ufual for the one Head. pax. People to fcaft and and in many Parts of Decretals are Inflit ut a proprie Pap*, pracepta vera drink on thofe Days; Regum. They were compiled into one Body by England they ftill meet every Year in Villages for of Luca, and this Purpofe, which Days arc called Teaft t. See at Regino, Burchardus, Anfelmus Bifhop Ivo Bifhop of Chartres ; and afterwards by Gratian, large the Hiftory of the Inftitution and Obfervance who lived in the Pontificate of !/'* the Third: of Wakes, or Feafts of Dedication, in Mr. And becaufc his Compilation was generally recei- Kennet's Paroch. Antiq. p. <$io. ved and approved by the Church, it was called foimurf portOarem Is a Writ, whereby a The Firfi CoUcBion of the Decretals ; of which you Commiffion is given to a private Man, for the may read at large in Baluzius, in his Preface to fpceding of fome Act appc< i;nirr to a Judge. the Dialogues of Anthony Auguftine, &V. In this Tne Civilians call it Delegationem : And it is grantwere contained the Decrees of Alexander the ed molt commonly upon Suggeftion, that the Third, to the Time of Celeftine the Third. Party which is to do fbmcthing before a Judge, The Second Collection 01 the Decretals was per- or in Court, is fo feeble, that he cannot travel. formed by Gilbertus and Alanus, and came out It is ufed in divers Cafes, us to make a per<bnal under the Name of Volateran ; who Twelve Years Anfwer to a Bill in Chancery, to make an attorafter the Firft Collection publifhed this Second, ney for the following of a Suit .n the County, containing not only the Decretals of former Popes, Hundred, Wapentake, &>c. Old Nat. Brev. fol. 20. To levy a Fine, Weft. Symb. par. 2. Tit. Fines, but thofe of Celeftine the Third. The Third Collection was begun by James Ma- SeB. 1 1 2. and divers other Effects, as you fhall Archdeacon of CompofteUa, and collected out fee by F. N. B. in divers Places. In what Dijor It was verfity of Cafes this Writ, or Commiffion, is ufed of the Regifters of Innocent the Third called Romana Compilatio: But becaufe there were fee in the Table of the Reg. Orig. verba Dedimus many Things in it not generally received, there- Potcftatem. JDee ISiber. See Leva and Seteia. fore that Pope was prevailed on that by his AuTDeet), CTaBum) is an Inftrument written in thority fome Perfon might be appointed to make another Collection ; and accordingly Petrus Bene- Parchment or Paper, confifting of three Things, ventanus, a Notary, was appointed for that Work, viz. Writing, Sealing, and Delivery, and comprewhich was the firft Collection that was publifhed hending a Contract or Bargain between Party and Party. Of which there are two Sorts, Deeds inby Authority. The Council of Lateran, held under the fame dented and Deeds Poll; which Names ariic from Pope Innocent, was the Occafion of publishing the the Form or Fafhion of them, the one being cut fourth Collection: In which Council there were in and out in the Top or Side, which we call Infevcral Canons made, and reduced under Seventy- dented, the other being plain. A Deed indented is one Chapters. That Pope having, in the Space of a Deed confifting of two Parts, or more, (for there five Years after the Publishing the third Collecti- are Tripartite, Qutadrupartite, and Semptempartite on, made many more Decrees himfclf, there were Deeds; as that of Henry 7. concerning his Royal two Editions printed; one of the Canons of that Chapel at Weftminfter,) in which it is cxprefled, Council, and another of his own Conftitutions. That the Parties thereto have to every Part there:

fuppofed to have done fome Wrong. And this ought to be plain and certain, both becaufc it impeaches the Defendant, and alio comto anfwer thereto. Such a Declaration, pels him in an Action Real, is termed a Count : Note, That the Count or Declaration, ought to contain and Conclujion : In DeDemonftration, Declaration, are contained three Things Quis quemonftration In the Declaritur, contra quern, pro qua can/a. ration there ought to be comprifed, Quomodo inter &= loco, partes ABio aarevit, quando p qua die, anno S* cut dabitur. And in the Conclujion, he ought to aver, and proffer to prove his Suit, and fhew the Damages he has fuftained by the Wrong done him. See Ciunt. IDecretal^, Decretales, Arc a Volume of the Canon-Laws, containing the Decrees of fundry Popes; or clfe a Digeft of the Canons of all the

wherein he

is

componat inde
If

folus. Leg. Hen. I. cap. 85. That is, any one be convicted of the Crime of killing another, either as Redehane, or Acceffary by his Counfel, and Perfuafion, or as Dede-bane, or Actual and Deed Committer of the Murder, then he fhall himfelf alone compound for his

&

Fine, or Satisfaction. JDfOi Is a Warranty in Law, to the Feoffee and his Heirs: As if it be faid in a Feoffment, A. B. hath given and granted, 6cc. It is a* Warranty. Co.

on

Lit. 384. a.

JDeDitatiOiuDap, Teftum dedieatknis. ThcFeaft of Dedication of Churches, or rather the FeaftDay of the Saint and Patron of a Church, which was celebrated not only by the Inhabitants of the Place, but by thofe of all the neigh-

of Honorius the Third, collected by Tancred, they belong to one Bufinefs or Contract. A Deed Archdeacon of Bologna, and publifhed by Inno- Poll, or polled (anciently called Charta de una Du parte, or Charta jimplex,) is a plain Deed without centius Cyrcnus under the Name of that Pope. Indenting ; and is ufed, when the Vendor for Cange. ecuriarP, i- e. To bring into Order: Si vero Example only feals, and there is no Need of crimen, &c. procurator loci commiferit, agatur ratio- the Vendee's Sealing a Counterpart, by Reafon nabiliter de eo, quod de Regis agitur Prepoftto, {viz.) the Nature of the Contract is fuch, as it reU* eo rite Dccuriato ac jufto ordine depulfo, tile qui quires no Covenant from the Vendee ; unlcfs in Mon. I. Tom. 243. fuch Cafe the Vendor will, out of Caution or dignus Jit Chrifto defignetur. IDeboanna, Sax. Dadbana, An actual Homicide, Curiofity, have a Counterpart, to fee, upon any or Man-flayer; ex Daed, FaBum, 6 bana, Homi- Occafion, what Covenants himfelf hath given. ada. Qui ad ucidendum aliquem innoxium Sec Coke on Lift. fol. 35. b. See Date. Redbanna, vel Dedbanna, fuerit conviBus noxa, 4 3Dcemfftr0,

of interchangeably fet their feveral Seals. The And this was called The fourth ColieBion. The fifth Collection confifts of the Conftitutions Caufe of their Indenting is, that it may appear

D E
Ecemffnrfr,

D E

luni) orcirrit apud .Elfredum pro vivario tervino, Park. dame. fepimento quo includuntur

is alio that which the Defendant or TBrmffersV.Cfrom the Saxon Defence or Umpire.) All Controverftes ought to make immediately after the Count Dema, i. e. a Judge fin the Iflc or Man) are decided without Procefs, or Declaration made, that is, that he defends all certain fudges, whom the Wrong, Force, and Damage, &c. and then Writings, or any Charges, by and call Decmttcrs. to proceed cither in his Plea, or to imparl. See they chufe from among them/elves, more, Termes de la Ley, verbo Defence. Camb. Brit. Tit. Brit. IjlarJs. in onr anciIDeferit), (Fr. Defendere) fignifics, StabuIDeerfPlD, (Sax. Deor, Fera, and Falda, ent Laws and Statutes, to prohibit or forbid: As vel

Ufuarioi defendit

auwue Rex Edwardus,

ne

3Df(TlSap*,

Are Engines,
to catch Deer.

or

great

made of Cords,
c.

Anno 19 Hen.

Regno. LL. Edw. Conf. cap. 3;. fat Nets, j Rich. 2. cap. 7. Of which Words thus Chancer:

remanerent

in

7.

II.

StUjere can

pou fa?

in anj

manner

3lgf,

fffmco quirfum De r!onio, Is a Writ Cljat eber <3oQ defended JRarriage. which licth for them, that arc by Privilege In 7 Edw. 1. We have a Statute, cntitulcd, freed from the Payment of Toll ; of which read Statutum de defenfione portandi arma, &Pc. And it at large F. N. B. fol. iz6. is defended by Law to diftrain on the Highway. Coke TSe rrnrnflB JEtilitum Is a Writ commanding on Litt, fol. 161. Nay, in common Speech Men the Sheriff to levy fo much a Day for the Exa like Writ frequently fay, God defend, inftead of God forbid; pences of a Knight of the Shire, and and the FenccMonth is more properly the Defenceto levy two Shillings a Day for every Citizen and that is, the forbidden Month, or called De Expenfis Civium temput Burgenfum. Month, Burgefs, vet it urn. Man-wood's Inft. fol. Foreft-Law, cap. 13. num. I.

&

4<J.

JDe

faitO,

Thing aSually done, done

in

Sec Fence- Month.

very

Deed.
JDefaulf,
Default,
Defalta,
is

and

Cometh from the French an Offence in omitting that which

2. Tit. IndictWeji. Symb. par. this BraBon hath a large Dif-

we

ought to do.

5. By whom it appeareth, moft notoriously taken for Nonappearance in Court at a Day afiigned. Of this See alfb Warrantitabimus you may read Fleta, lib. 6.' cap. 14. Accjuietabimus. JDefenDerC ff, A Phrafe in the efamatirn, Defamatio, Is when a Man fpeaks Dome/day Regiilandcrous Words of another Man, of a Court fter, to be taxed for fuch a Quantity of Land. of Juftice, Magiftracy, or Title of Land ; for As the Manor of Brill, com. Buck, having been which the Party (hall be pimifhcd, according to rated or affeffed at twenty Hides, it is faid, the Nature and Quality of the Offence. Some- [ride xx. bid* fe defendebant, Paroch. Antiq. p. times by A&ion upon the Cafe for Slander ; at 16-5. JDefenoere ft per COJpUg ftium, To offer Duel, other Times in the Ecclefiaftical Courts as if a Man contrive any falfe Lies againft Prelates, Combat, or Camp-fight, as a legal Trial, or Dukes, Earls, &>c. then an ABio de Scandalis Appeal. The Phrafe occurs in BraBon I 3. de Magnatum will lie by the Statute 2 R. 2. cap. 5. corona, cap. z6, 32, &V. and many other of our But for Defamations in the Spiritual Courts to be Englifb Writers. efenoere unita manu. To wage Law, by determined, they ought to have three Incidences. Firft, To concern Matter merely Spiritual, and denying the Accufation upon Oath Et there triable ; as to call a Man Hcretick, Schil- ft forte forisfaBor il/e faBum negaverit, Qpjoreftamatick, Adulterer, &c. Secondly, That it con- rius filus fit fine tefte, ille debet fe Defendere cern Matter merely Spiritual. Thirdly, That unica manu ad unicam vocem rationabili die data in of the Fault, for the Curia Abbatis, ft* fi unicum teftem vel plures babuis only for Punifhment Soul's Health of him that offends. For the erit, dtbet fe defendere fexta manu, Sfc. Charta Slander or Defamation of a Title of Lands, fee fa&a inter W. de Bray Mil. & Abb. & Convent, de Ofcncy, fine Dat. Sec Manus. Co. lib. 4. fol. 18. JDeffnOer Of ttje tfaith, Defenfor Fidei, Is a pe2>cfrafancr, or efeifanrf, (of the French i. e. To undo, or defeat) Signifies a Con. culiar Title given to the King of England by the Defaire, dition relating to a Deed, as to a Rccognifancc Pope, as Catholicus to the King of Spain, and or Statute, which being uerformed by the Re- Chriftianiffimus to the French King, and Advocatus to the Emperor. It was firft given by cognizor, the Deed is disabled and made void, Eccleft* Leo the Tenth, to King Henry the Eighth, for it never had been done. The Difference as if between a Prcvifo or Condition in a Deed and a writing againft Martin Luther in Behalf of the that thofe are inferted in the Church of Rome, then accounted Dominium fidei

ment, fed. .2. courfc, lib. 5. That a Default

Of
is

trait.

IDefenoanr, {Defendens) Is he that is fued in an ABion Perfonal; as Tenant is he who is fued in anf ABion Real. Sec Impediens. 9DefenDemU Is an ordinary Word in a Feoffment or Donation, and hath this Force, that it bindeth the Donor and his Heirs to defend the Donee, if any Man go about to lay any Servitude upon the Thing given, other than is contained in the Donation. BraBon, lib. 2. cap. 16. num. 10.

&

Defeafance,

Lord Herbert's Hiftory of large Henry the Eighth, fol. 105. Cries JDrfentf, 3. JDefmfa, A Park, or Place fenced in for and Defence was made throughout England, Deer, and defended as a Property, and peculiar Proclamations and Prohibition. i. t. Salmo- for that Ufe and Service Idem Dux fecit inns ponantur in defenfo. Weft. 2. cap. 47. 1. Salftaurare pradiBum parcum de feris Defeniac Leicemons are by that AS prohibited to be taken at ftrenfis. Henr. Dux Knyghton/wi anno 1552. certain Times therein mentioned. 2 Inft. 47S.
I.

Deed or Grant, this is uiually in a Deed by it Catholic*. Stow's Annals, pag. 863. The Bull for it Of which you may read Weft at large, par. bears Date Quinto Litis, OBo, 1 521. and may be felf. read at in the
Symb.
lib.

is,

1. feci.

156.

Rot.

Pari.

21

Edw.

Lancaftrit,

fecit

magnam

Convocationem

magnatum

Regni

DE
Regni ad
&fi

DE
Fre-

tenendum
-

Defenfa, fia ib.fub anno fy9 a

foefenfit)H,

&

apud

in omnibus pArcii

in iLegeceJiriam fuis ibidtm.

morland,

The Lords or Earls of the Marches,

the Wardens or defenders of the Country Priore Defenfiv* bcbYum feu vhecotnites locls fiatuentur fia- Englip Monafteries was fo called. InMarcbia prandente ad magnam mer.fam quam Deis appellamus. tutis. Rad. de Dicetofub anno 115} ib. fub anno Additam. ad Mat. Par. p. 148. Et fciendum quod turn principalis Defenfiv* kctrum, $2>c permittitur ciphus cum pede in Refeclorio nift tantum 1198. effnfo, That Part of an open Field that in majori menfa, quam Deis appellamus. ib. Tiiele 3jn Was for Corn and Hay, upon which there was Tables had this Name from a Colth called Dais, no Commoning or Feeding, was faid to be in with which the Tables of Kings were covered. So any Meadow- Ground laid in for Matt. Parif. in vita Abbat. SanBi Albani, p. 92. Defenfo. The old Saxon Ordeal was fo 2Det Hay. And fo any Part of a Wood, where the jJuDirium, Cattle had not Liberty to run, but was enclofed called, Dccaufe they thought it an Appeal to and fenced up to feeurc the Growth of the Un- God for the Juftice of a Caufe; and did believe der* wood. -r Bofius de Naffoke debet effe in De- the Decifion was according to the Will and PleaPhot contradixit feftfo turn dnr.it pannagium, videlicet a Pefio Micha- furc of divine Providence. vili plebe, &> de Satttti Martini. Mon. Angl. torn. 3. fum teflimonium de ViUanis elis ad praftfium

i. e. Tort, Lancafler, Welland the Cumberland, Northumberland, Bifhoprick of Durham. From the Saxon Deer, Fera, becaufe of the Multitude of wild Bcafts. JDf 18, or Dagus, The chief or upper Table in

DeirO.JUm rtgtium,

&

p.

46fi.

pofitis

or any fenced Inelofure, meos porcos in parco met vel in fuit Domelaay in Cierdefon. See Dr. Brady's Mon. Introd. p. 272. vel in aliquo alio Defcnlb, pofuero. haj/t, JDelatura, *. *. An Accufation: Inquibufdam locis Angl. torn. p. i. 114. a Vifitor. juramenti vel antejuramenti multa efi difiantia, ficut IDefitlttO;,
ffthflitti,

Ground

An Si

qui volunt defendere per facramentitm t ant per Dei Judicium, quod Hie qui tenuit terrttm, liber borne

ego

(Diffinitor,)

in Delatura, e> plurimis aids. Leges H. I. cap. efujcFrnPnt, (Deforciamentum,) Matt. Parif. 'tis taken for the Reward of an f. 422. Quicunque deforeiaverit eis dotem, &> de 64. Sometimes defbrciafnento conviBi fuerit, id efi, per vim Informer. Leges Ina ao. apud Brompton. It difipfi A With-holding Lands or Tenements by fers from Freda, viz- Qui fcrofas fex cum verre abflulerit. Force from the right Owner. See Deforceor, and furatus efi, in triplum componat &> Delaturam, f. 7, cV in freda totidem. Du Cange. Cote on Lift. fol. \\t.%, IDetfflareF, The Stat. 16 H. 8. cap. 19. fays, eftitfianr, {Ann 25 Eliz- cap. 3.) the fame are Commiffioners delegated or appointed with Deforceor. See Diffoniare. by the 3 f fOtffttt, Defcniator, Cometh of the French King's Commiffion, to fit upon an Appeal to him in the Court of Chancery, and is granted in Fbrcenr, expugnator : In the Senfe of the Law it and cafteth out by three Cafes. Firft, when a Sentence is given in fignifies Ohe that overcometh, or Ibrct : And diftereth from Diffeifor firft in this, any Ecclefiaftical Caufe by the Archbifhop, becaUfe a Man may diffeife another without his Official. Secondly, when any Sentence is Force.- Which A& is called Simple dijfelfin, Britton, given in any EccJefiaftical Caufe, in Places exa Man may deforce another empt. Thirdly, when Sentence is given in the cap. 53. Next, becaufe

keepeth out the Reft, the Law Eliz. cap. 5. 3Delft , (From the Saxon delfan, to dig , we ftill faith that he keforcetb them, though he doth not diffeife them. Old Nat. Brev. fol. 11S. And Lit- retain the Word Delve, for dig ;) is a Quarry or ileton in his Chapter Dif continuance, fol. 117. faith, Mine where Stone or Cole is digged. Anno 3 1 That he which is enfeoffed by the Tenant in Eliz. cap. 7. And Cambden mentions a Charter wherein Mention is Tail, and put in Poffeflion, by keeping out the of Edward the Fourth, Heir of him in the Reverfion, being dead, doth made of a Mine or Delfe of Copper. did not diffeife him, beGodmundham in ToriJIure. 3Drtu;otntia. deforce him, though he caufe he cntred when the Tenant in Tail was See Replegiare. JDfiitoeranrf. IDeinmn or 10tmetW,(Dominicum,G&\tisDomaniliving, and the Heir had no prclent Right. And a Deforceor differeth from an Intruder, becaufe a um, Italis Demanium) Is a French Word otherwife Man is made an Intruder by a "wrongful Entry written Domainet and fignifieth Patrimonium Domini, only into Lands or Tenements void of a Poffef- as Hottcman faith in verbis feudalibus, verba Dominifor, and a Deforceor alfo is, by holding out the ons, where by divers Authorities he proveth thole right Heir, as abovefaid. BraBon, lib. 4. cap. 1. Lands to be Dominicum, which a Man holdcth oriSee more of this in Pulton de pace Regis, fol. 34, ginally of himfelf, and thofe to be feodum which he holdeth of a fuperior Lord. And by the Word Do35eftiCiafttJ, A Diftrefs, Diftraint, or Seizure manium as Demanium, are properly fignified the of Goods for Satisfaftion of a lawful Debt. King's Lands in France, appertaining to him in ProNos @P haredes nofiros difiineere poffunt, per bona mobi- perty. In like Manner do we ufe it in England, we have no Land (that of the Crown lia &> immobiliu Sf hominum nofirorum &P Deforcia- although tiftnem tenere quoufque plenarie fuerit fatisfaBum. only excepted) which holdeth not of a Superior, for all dependeth either Paroch. Antiq. p. 293. mediately or immedithe Crown, wherefore no common JDegraCing. See Difgrading. ately of SDeflUttare, To bafte Meat in Roafting by let- Perfon hath any Demains (imply underftood; for ting Butter, Fat, or Dripping, gutter or run by when a Man in pleading, would fignify h'n Land Nee minori tormento vexaban- to be his own, he faith, That he is or was feifed Drops upon it. ad ignem ajfati Degutta- thereof in his Demain, as of Fee, Litt. lib. 1. tur, qui verubus transfix!, bahtur * damonibus ex metaUis liquefaBis. Mat. Par. tap. 1. whereby he meanerh, that although his fub anno Land be to him and his Heirs for ever, yet it is 53. not

that' never Was in Poffcflion. As for Example, If more have Right to Lands as common Heirs,
ehtriflg,

Admiralty in Suits Civil and Marine, by Order of the Civil Law. 4 par. fol. 339. Anno 8
lr.fi.

and one

not true Demain, but depending upon a fuperior Lord, and holding by Service, or Rent in lien of Service, and by both Service and Rent yet thefe Words have been ulcd in the Kind's Rt'ght. 37 H. 8. cat. \6. and 39 Eliz. 22. But the Application of this Speech to the King and CrownLand is crept by Error and Ignorance of the Word
;

In Deed, as in every Precipe, there is : In Law, as in every Entry in Land, Diftrcfs for Rent, Taking or Seifing of Goods, and fuch like Acts, which may be done
1

in

Law

exprefs

Demand

Fee.

Britton, cap.
is

78.

fliewcth,

That

this

Word

Demain
ly,

divcrfly

taken,

fomctimes more large-

as of Lands and Tenements held for Life, cW. and fomctimes mbrc ftrictly, as for fuch on. in Fee. This Word ly as are generally held fomctimc is ufed for a DiftinHon between thofc Lands, that the Lord of a Manor hath in his Hands, or in the Hands of his Lcflec, demifed upon a Rent, for Term of Years or Life, and fuch other Land appertaing to the faid Manor, verie an Outlawry. Coke, lib. 8. /. 153, 154. which bclongeth to Free or Copy Holders. HowIDemanDanr, Petens, Is the Plaintiff in a real bcit, the Copyhold belonging to any Manor, is Action, fo called, becaufe he demandetb Lands, alfo in the Opinion of many good Lawyers ac- &>c. Co. on Littl. fol. 127. counted Demains. Bralton, lib. 4. trail. 3. ca. 9. IDemiljaque. Sec Haque and Haquebuznum. 5. faith, Eft autem Dominicum, quod quit haIDfmift, DimiJJio, is applied to an Eftate cifher bit ad men/am fuam &> proprie, ftcut [tint Bordlands in Fec-fimple, Fee-tail, or for Term of Life, and Item dicitur Dominicum Villenagium, quod fo it is commonly taken in many Writs, 2 par. Anglice. traditur villanis quod quit tempeftive &P The King's Death is in Law termintempeftive Inft.fol. 483. fumere pojjit pro wluntate fua & revocare. Of this ed, The Demife of the King. Fleta alfo writeth much after the fame Manner. JDeinttetB. See Deemfters. Lib. 5. cap. 5. fed. Dominicum autem. And the t^fJTlurrcr (from the Fr. Demeurer, i.e. Manere Reafon why Copyhold is accounted Demains, is in aliquo loco, vel morari,) is a Kind of Paufe or becaufo they that be Tenants to if, are judged Stop put to the Proceedings of any Action upon a in Law to have no other Right, but at the Will Point of Difficulty, which muft be determined by of the Lord fo that it is reputed ftill after a Sort the Court, before any further Proceedings can be to be in the Lord's Hands. And yet in the common had therein For in every Action the ControverSpeech, that is ordinarily called Demeans, that fy confifts either in Fact or in Law ; if in Fact, is neither Free nor Copy. And here note, That that is tried by the Jury ; if in Law, the Cafe is Demain is fomctimes ufed in a more fpecial Sig- plain to the Judge, or fo hard and rare, as it For Ex- breeds juft Doubt. We call that plain to the nification, and is oppofite to Frank-Fee. ample, thofe Lands which were in the Pofleflion Judge wherein he is afTured of the Law, though of Edward the Confeffor, arc called ancient Demain, perhaps the Party and his Counfcl yield not to it. and others be called Frank-Fee. Kitchin, fol. 98. And in fuch Cafe, the Judge with his Affociates And the Tenants which hold any of thofe Lands proceeds to Judgment without more a-do ; but be called Tenants in ancient Demain, the other when it is doubtful, then Stay is made, and a Tenants in Frank-Fee. Kitchin, ubi fupra. And al- Time taken, either for the Court to confider further of it, and agree if they can, or elfe for fo Tenants of the Common Law. Weft. Symbol, 2. Tit. Fines, feci. 25. The Reafon is, bc- all the Judges to meet together in the Exchequerpart. caufe Tenants in ancient Demain cannot be fued Chamber, and upon Hearing what Counfel can fay And out of the Lord's Court. Termes de la Ley, verba on both Sides to determine what is Law. Ancient Demainc. And fuch Tenants, though whatfoever they conclude (lands firm, without athey hold all the Verge, and have none other E- ny farther Appeal. Smith de Repub. Angl. lib. 2. videncc but Copy of Court-Roll, yet are they cap. 13. This Demurrer is in our Records expreffaid to have Freehold. See Ancient fed in Latin by Moratur in Lege. At the Common Kitchin, 81. Dimefne. See more on this Subject in the learned Law, the Defendant fomctimes demurreth to the Snlman, verbo Dominicum, where he does not Plaintiff's Count or Declaration ; and fomctimes allow this Word to be written Demean or Demefne, the Plaintiff demurs to the Defendant's Plea^ by but Demain only. averring that it is not a fufficient Plea in Law , ID.masiu tart of an 41 boot, Seems to be that &>c. In Chancery, the Defendant demurs to the Cart which the Abbot ufcth upon his own Demaine. Plaintiff's Bill, averring it is defective in fuch or An. 6 H. 3. c. zi. fuch a Point, and demands the Judgment of the 5DftnanO (Fr. Demande, i. e. Poftulatio) figni- Court thereupon, whether he mail be compelled fies a Calling upon a Man for any Thing due. It to make any further 6r other Anfwer thereunto, hath alfo a proper Signification, diftinguiflied &>c. Sec Moratur in Lege. from Plaint : For all Civil Actions arc purfued eitmy> fanhe ou jfrangue, Of the half Blood, ther by Demands or Plaints and the Purfuer is is, when the Man marries a Wife, and hath Ifcalled Demandant or Plaintiff, viz. Demandant in fue by her a Son or a Daughter, and the Wife Actions Real, and Plaintiff in Perfonal. And dies, and then he takes another Woman, and where the Party purfuing is called Demandant, hath by her alfo a Son or Daughter ; now thefe where Plain- two Sons or Daughters are after a fort Brothers the Party purfued is called Tenant there Defendant. If a Man rclcafe to an- or Sifters, as wc ufually term them half Brothers, tiff, other all Demands, this is the beft Releafe the &c. or Brothers of the half Blood, becaute they had Releafec can have, and mail enure mod to his both one Father ; but are not Brothers by the Advantage. Littl. fol. 1 1 7 a. There are two Mother's fide, as having fcveral Mothers, and Manner of Demands; the one in Deed, tbc other therefore cannot be Heirs one tq another ; for he
: ; ;

without any Words, are Demands in Law. A a Releafe of Suits is more large than of Quarrels or Actions ; fo a Releafe of Demands is more large and beneficial than either of them. By a Releafe of all Demands, all Executions and all Freeholds and Inheritances executory are releafed By a Releafe of all Demands to the DilTeifor, the Right of Entry in the Land, and all that And he that is contained therein, is rcleafcd. rclcafcth all Demands, excludes himlelf from all but a Releafe of Actions, Entries, and Seifures all Demands is 110 Bar in a Writ of Error to re-

that

D E
that

D E

muft Church. This Cuftom of voluntary Honour wa* fliall claim as Heir to one by Defcent, into a fetled Due, and combe of the whole Blood to him from whom he afterward changed monly charged upon the Parifh-Pricft ; though at claims. . firll but a Gift of Charity {Denarii de Caritate) or IDen, the Names of Places ending in Den figthe Situation to be in a Valley, or near elcemofynary Prcfent to help to maintain and anify Eo Woods, as Tenterden, Biddenden, from the Sax. dorn the Bifliop's Seeor Cathedral Church. faho, quod denarlum S. Petri ftp denaiios de Den, Vallis : Lotus Sylveftris. emit , a little Portion of woody caritate perfolvant, quos haiienus perfolvere conifcjeiw, Cartular. Abbat. Glafton. MS. Ground, commonly called a Coppice, Be Silva 0B0 fueverunt. denx parva ; in another Place, Et una parva dena fol. 15. And Thorn. Anno 3DenaitU0 &. $etri, Peter-Pence. See Romefyh*. Dome/day, apud Spelm.
1

Will. Thorn, fub an. 826. Sax. glandes portantes. Ed. 2. MS. den, a low Place which gives Termination to very Ed. I. ex JEAe Chrifti many Names of Places, efpecially among the 4to. penes Dom. Fountaines Woods, as in the Weald of Kent, Tenterden, BidOxon. In fome North Parts of England denden, &c. terrx. See Fardingdeal of Land. iienariata tnariatU0, Preclum ret qua Denario conftat ; they keep the Word Dene for a Valley, as in the Merit, redditus terra. Sciant quodego Willielmus Bifhoprick of Durham, they fay, Skarrs and Denes, Hills and Vales. de Colewal Dedi Egidio de la Berne de 1. e. filius Philippl OBo Dena iEeilbera, A Place for the running of Hogs, a pro quadam fumma pecunla Hereford Swine-cumb, or low Valley for the Pannage or riatos annul redditus, &c. Sine dat. ^Ciiarutiu frrrse fignifies as much Land as is Feeding Swine. From the Sax. Den, a Vale and In a Charter of worth a Penny by the Year. Sibylla Bartholot tenet Berg a Barrow, a Hog. -King unam airam p 5 Denariatos terrae in eodem tene- Ethelred granting the Manor of Merfham to the Tenet dimidiam ro- Church of Canterbury. Hac funt Pafcua And in another Place, mento. dam &> 3 Denariatos terrae in fine boreall meffuagii porcorum qua nollra Lingua Saxoni a Dcnbera nomi And in a Charter of K. Offa to the namus. Tab. Prioratus Lewes in Suffex. Du Cange. 1 De faid Church, adjeBis Denberis in ommuni <r>C'iaruiF, an Englijb Penny. Stat. Ed. Sec Somner of Rom. Ports and Forts, Menfurarum, viz- Denarius Anglla qui fait*.
Gernenwth
Placit. temp.

826. tells us, that Dederunt Abbatl terram 20 aratrorum Of 13 Dcnans glandes portantes, &C. en * &ti OllD, Liberty for Ships or Veflels K. Edw. 1. to run a Ground, or come a-fhoar. this Privilege to the Barons of the Cinque grants Ports. Quod fintWrecefry &> Wyttefry Leftagefry 5 Strond apud fir quod habeat Den
Lonetopfry &

fcot.

ena

terrae,

A
find

hollow Place between two

it

& &

&

in the Beginning ofDomefDe Siha 0B0 denx parva tres magna day-Booh. una parva dena Sylvse, lb. DedeDomelclei. runt Abbati terram viginti aratrorum fiP xiii. Dcnnas

Hills; you

may

&

nomlnatur Sterlingus rotundus fine tonfura ponderabit pag. no. 20 denarii faciin medio [pice, erf, Dena, In the fame Book fignifies a 32 grana frumenti Dale. 1 2 uncU unt unciam faciunt libram. of the fame Book ftands for a JiDmnr, In enarit, A General Term for any Sort Sol- Town. numerata, or ready Money. peeunia enelage, or Danelage, Denelagia, Is the Law vents Hominihus de Hcdingdon de denariis Domini amis proximo die quo falcare incipient qulnque that the Danes made here in England, out of fingulis which, and Merchenlage and Weft Saxon-lage, the folid. Paroch. Antiq. p. 320. EiictiuB rrrttti0 (komitafnS. In the Fines Conqueror compounded certain Ordinances for and other Profits arifing from the County-Courts, his Subjects. Cambd. Brit. p. 94, Qp 183. two Parts were referved to the King, and a third Smil^en, From the French Donaifon, i. DonaPart or Penny to the Earl of the County, who tio, fignifies in Law an Alien that is enfranchifed either received it in Specie at the Affifes and by the King's Charter, and inabled in all refpects Trials, or had an equivalent Compofition paid almoft to do as the King's native Subjects do, from the Exchequer. So Eubulo le Strange in viz- to purchafe and to poflefs Lands, and to be

compofitione

&

&

his Wife Alice, Daughter and Heir of had by Letters PaHenry de Lacy Earl of Lincoln, tent Dat. 5 Edl 3. Cuftodiam 6* Wardam caftelli de Lincoln cum balliva ibidem viginti libranofiri tas annul redditus, pro tertio denario Comitatus.

Right of

&

Paroch. Antiq. 418. 3Dpnarui0 ffiei, God's

Penny, Aries or Ear-

ned Money.
illo

contraBu narius Dei

tus fuerit

poffit

inter

Cart. 3 1 Ed. 1. M. 4. See The Occafion of this EarneftArgentum Dei. Money being called God's Penny, Denarius Dei, was this ; in former Times the Piece of Money fo given to feal the Contract was given to God, or the Poor, but the pious i. e. to the Church

Mercatorum ab quod neuter difcedere vel refilire, poftquam Deprincipals perfonas contrahentes daIt.

&>

receptus.

Ufe

is

now

gone.

enarii De Carifate. Whitfun-Farthings, or Pentccoftals, the cuftomary Oblations made to ceeds ex donation* Regis, from the King's Gift. De non KeGnentia Clerici Kegi0, Is an ancithe Cathedral-Church about the Time of Penteand many of their ent Writ, whereof fee the Form in 2 par. coft, when the Parifli-Priefts Infl. People went in Proceflion to vifit their Mother- fol. 624. 2 Dflls

capable of any Office or Dignity ; yet it is fhort of Naturalisation, becaufe a Stranger naturalized, may inherit Lands by Defcent, which a Man made only a Denizen cannot. And in the Charter, whereby a Man is made Denizen, there is commonly contained fome oneClaufeor other, that abridgeth him of that full Benefit which natural Subjects do enjoy. And when a Man is thus infranchifed, he is faid to be under the King's Protection, or effe ad fidem Regis Anglla, before which Time he can enjoy nothing in England. BraB. lib. 5. traB. 5. cap. 15. num. 3. Nay he and his Goods might be feifed to the King's Ufe. Home in his Mirrour of Juftice, lib. 1. cap. de la Venue defrancpledge, and 2 par. In fol. 741. See ft. alfo the Statute 27 H. 8. cap. 24. and Co. lib. 7. It feems that Calvin's Cafe. Donaifo is the right Name fo called, becaufe his Legitimation pro-

DE

D E
;

IDrnRjirinflOf lUnPB.Tocaft Paring* of Earth, Replication (hews new Matter from his Declara Turf, and Stubble into Heaps, and when dried, tion. Co. 1. par. f. 147. Bagfltav/*'* Cafe. So if to burn them into Ames, for a Compoft on a Man plead a general Agreement in Bar, and of Improve- in his Rejoinder alledge a fpecial one this mall poor barren Land. This Method ment is called Burn - beating, and in fomc be adjudged a Departure in pleading. So in Tref. Parts of Staffordshire they term it Denfhering of pals, if the Defendant will plead a Difcent, and the Plaintiff, that after this the Defendant enfeof Land. JDEntrtr, a Fi/h with many Teeth. Et Jint fed him ; and the Defendant faith, this Feoffde quibufcunque prifit caponum, columbarum, ment was upon Condition, for the Breach wherequieti omnium aliorum pifcium. of he entred This is a Departure, for it is new Dcntricium, anguillarum Matter. Of this, fee divers Examples in Broke, Charta H. 6. pro Monafter. Ramcfey.

&

cooanf, Deodan.'.um, Is a Thing given or rather forfeited, as it were, to God, for the Pacification of his Wrath, in cafe of Mifadventure, whereby any Chriftian Man cometh to a violent End, without the Fault of any reafonablc CreaFor Example, If a Hone (hould ftrikehis ture. and fo kill him : If a Man in driving a

Tit. Departer de fan plea.

eparture

S>tfpigi)t of the

Court,

Is,

when

a Tenant or Defendant appears to an Action and hath a Day over in the fame Term, or is called after, though he had no Day given him, fo that it be in the fame Term ; if he do not appear,

but make Default, it is a Departure in Defpigbt of Keeper, Cart, and feeking to redrefs any Thing about it, the Court, and therefore he fhall be condemned. fhould fo fall as the Cart-wheel running over And here obferve, That Departure in Defpigbt of the him, mould kill him If one mould be felling a Court, is always on the Part of the Tenant or Tree, and giving warning to Company by, when Defendant, and the Entry thereof is, Quod prathe Tree was near falling, to look to thcmfclvcs, dicrus A. licet folenniter exadus non revenit fed, in conand any of them fhould be flain neverthelefs by temptum curia recefftt & defaltam fecit : And this is In the firft of thefe Cafes, when injudgment of the Law he is prefent in Court, the Fall of the Tree the Horfe ; in the fecotid, the Cart-wheel, Cart and being demanded, departs in Defpigbt of the Court. and Horfes ; and in the third, the Tree, is a This amounts to a Bar in refpea of the Defpigbt Deodand, and to be given to God ; that is, to be and Comtempt of the Court. See Co. lib. 8. fold and diftributed to the Poor, by the King's fol. 61. <Eo ^Depart, To divide or feparatc actively. Almoner, for an Expiation of that dreadful ETent, though effected by unreafbnable, yea fenfe- This Hill departed the Land of the Ammonites from Icls and inanimate Creatures. Staundf. pi. cor. lib. that of the Amorites. Bat upon Bat. lib. 14. ca. 13 Brail, lib. 3. trad. 2. cap. 5. Brit- Men that divide and depart Hclds. ib. cap. 50. So I. cap. 1. ton, cap. 17. and Wefi. Symbol. Tit. IndiBmenti, in Wickliffe's Tranflat. Gen. 1. 4. Depart the Ligbt
:

feci.

49-

from Darknefs.

Omnia qu* movent ad Mortem funt Dcodanda.

And it was in that Age properly expreft in our old Office of Matrimony, till death us depart, now more intelligible to the Vulgar, till Death us do part. Hence the Departert of Gold and
Silver

What moves
Is Deodand,

and

to Death, or kills forfeited.

him dead,

fincrs

Fleta fays, this Deodand is to be fold, and the Price diftributed to the Poor, for the Soul of the King, his Anceftors, and all faithful People de1. cap. 25. De Submerfis. parted this Life. Lib. Which Law feems to bear an Imitation of that in "Exodus, c. 21. Si cornu petierit bosvirum velmulierem,

ita ut moriatur, lapidabitur

ejus,

bos neque comedetur This Word is ac Dominus ejus erit innocens. mentioned in the Stat. De Officio Coronatoris, Anno

caro

A,

Ed.

1.

See

fore by the Mofaical

to

the

Death, it Ox fhould be bellowed in pious and charita-

Since there57. the Ox was to be ftoncd feems rcafonable that the Price of
3 Part. Injl. fol.

Law

were no more than the Dividers and Re of thofe Metals. tparter0 of C&olD ano feilber. See Fmers. eptrfbnatlie. See Difperfonatus. fpopulation, Depopulate, Is the laying Waftc, deftroying and unpeopling of a Place. Co. 12. This is now the apparent Effcft of Rep. f. 30. Lordfhips and Manors, by which enclofing Means feveral good old populous Villages have been reduced from a great Number of fufficicnt Farms, to a few Cottages. epopulatozea agrojum, Were great Offenders by the Common Law, as appears by the Statute 4 H. 4. 2. and were called Depopulates agrorum, becaufe by proftrating and* ruining of Houfes, they feemed to depopulate Towns, that is,

ble Ufes.

De
that
rhat

him. For example, a Man holds Ten Ox-gangs of Land by Fealty, and 10 s. Rent of the King, and alienateth one Ox-gang toonc, another toanother in Fee; afterwards the Sheriff, or other Officer, cometh and diftraineth only one of them for the Rent ; he that is diftrained may have
this

leave them without Inhabitants. 3 par. Infi. f. 204. Writ See alfo 13 El- 10. and 14 El. 11. lieth where one is diftrained for a Rent enofitlOU- {.Depofitio') is the Tcftimony of a ought to be paid by others proportionable with Witnefs, otherwife called a Deponent, put down in

ceoneranoa pjo rata t>O2tioni0,

Is

Writing by way of Anfwer to Interrogatories exhibited to that Purpofe in Chancery, Qfc. And when fuch Witnefs is examined in open Court, he is faid to be examined Viva voce. Depofition is alio ufed for Death ; as in Provin. Angl. lib. 2. Tit,

De
Hi

feriis.

Writ for

his Relief.

F.

N. B.

f.

234.

J-ohannis

Ordinamus quod Fejlum Dcpofltionis Sande Beverlaco, ^ die Maii, per Pro

vinciam nofham antediilam perpetuis tempcribus celeiGSepalliarc. See Detunicare. ^epartfr, or 3T>f parrure, From a Plea, or Mat- bretur. Man pleads a Pica in Bar of an ter, is where a ep^ibation, Deprivatio, Is a Bereaving or Arion, and being replied thereunto, doth in his Taking away, as when a Bifhop, Parfon, Vicar Rejoinder fhew another Matter contrary to his or Prebend, is deprived or depofed from his Prefirft Plea, that is called a Departure from bis Bar, ferment for any Matter in Fact, or in Law ; as if It a Schifmatick, or mccr ]?lo<wd. Com.fo. 7, 8. Reniger'twd Fcgaffa's Cafe. Layman, be prefented may alio be applied to a Plaintiff, who in his admitted, inftituted and indu&ed ; this is good Caufe

DJL
Caufe of Deprivation.
vation.

D E

See other Caufes of Depri- And when the Parfonof any Church is difturbed, to demand Tithes in the next Pari/h by a Writ H. 8. cap. 13. of Indkavit ; the Patron of the Parfon fo difturttie Spiri llUti) tI)E idote Of, Deprivation of all 6. bed, lhall have a Writ to demand the Advowfon .ual f^omotiong, tofjeieof, &c. An. 2 &> 3 20. of Bifhops and Dean*. ^4. of the Tithes, being in Demand ; when it is deDeprivation r^. raigned, then fliall the Plea pafs in the Court39 Efo. c. 8. as far as the fame is deraigned in the Deprivatio a Beneficio is when, for fome great Chrijlian Crime, a Minifter is wholly and for ever deprived King's Court. BraS. alfo 3. Lib. trad. 2. r. 3. num. 1. fpeaking of him that appealeth another of his Living. ab Officio is when a Minifter is for ever for any Treafon or Felony, hath thefe Words, Deprivatio called Depofitio Proponat accufans appelium fuum in huncmodum, fc. dedeprived of his Orders, which is alfo or Degradation and is commonly for fome heinous bet dicere feinterfmffe &> vidijfe certo bco, certo die, cerIJ Eliz. cap. 12. 21

Crime meriting Death, and performed by the

Bifhop in a folemn Manner. JDepufr, Is he that exercifes in another Matins and his Right, either Office or other Things ; Forfeiture or Mifdemeanor flull cauie the Officer, or him whofe Deputy he is, to lofe his Office But a Man cannot make his Deputy in all Cafes, except the Grant fo be ; as if it be with thefe, or fuch like Words, To txercife and ufe by himfelf, or if the Words go farther, or his [ufficient Deputy ;
:

ta hora, Qfi fcivijfe ipfum

vel

accufatum prtloctttum fuijfe

exercitus fui, confilium impend)ffe, vel ad hoc authoritatem prtflitiffe, &* hoc ego juxta conjiderationem curi* difrationare paratus fum. He ufeth
confenjijfe,

mortem Regis vel feditiorem fuam, vel

vel attxilium

&

'

it

likewife as the Normans ufe Difraifniam, for him that offereth tojuftify his Denial, as Lib. 3.
trail.

1. in thefe Words, Rex bonorum mifit propter comitem, ut ftatuto die veniret ad curiam, ad difrationandum To himfelf, or his Deputy, or the Deputy of his De- vel deftndendum je ji poffit. Laftly, in fome Places make his Deputy, and his De- the Subftantivc Deraignment is found ufed in the puty ; then he may a Deputy, or elfe not. As if very literal Signification of the French Derayer or puty alfo may make the Office of a Parkerfliip be granted to one, he Difranger, that is, turning out of Courfc, as De-

2.

cap.

28. num.

confilio

Epifcoporum

&

cannot grant this over to another, becaufe it is raignment or Departure out of Religion, 31 H. 8. an Office of Truft and Confidence, and fliall not cap. 6. and Deraignment or Difcharge of their ProT be forfeited. And there is great Difference be feffion* 33 L 8. 29. which is fpoken of thofe reof an Office ; for an ligious Men which forfook their Orders, or Protween a Deputy and Affignec and feffion ; as alfo 5 6 E. 6. cap. 13. So doth Affignee hath an Intereft in the Office it felf, doth all Things in his own Name ; for whom hib Kitch'm ufe the Word, fol. 152. faying. The LefGrantor mall not anfwer, unlefs in fpecial Cafes. fce entreth into Religion, and afterwards is deBut a Deputy hath not any Intereft in the Office, reigned. And Britton hath thefe Words, Semounfe but is only the Shadow of the Officer, in whofe difrenable, for a Summons that may be challenged Name he doth all Things. And where an Offi- as defective, or not lawfully made, cap. 21. Of cer hath Power to make Affigns, he may impli- this you may read more in Skene de verb. Jtgnif. citly make Deputies, for cut licet quod tnajus eft, verba Difrationare, where he confoundeth it with And a She- our waging and making of Law. tton debet quod minus eft non licere. make a Deputy, or Under-Sheriff, riff may IDfrefelD, a Park: From the Sax. Deor, Fera, although he have not fuch exprefs Words in his and Fald, Stabulum.

&

JDe JRetoocatiom? ?5>ar!iamrmi is a Writ for a Writ of Entry. See recalling a Parliament, as in j Ed. 3. the Parliament being fummoned, was recalled by fuch a Titx.. Nat. Brev.f. 191. Name* of Places beginning with Der Writ before it met. See Pryn't Animad. on the JDfr. Beafts herd- 4 fignify they were formerly where wild '"// 44ed together, from the Sax. Deor, Fera ; unlefs the JDertif ntiO, Auldby upon Derwent in Yorkjbire. Situation was near fome River. eftrnt. See Difcent. ZDe fotl fCWt Demetn ( Fr. RcBius demene, i. e. eraign or 3Dmptl, Difrationare vel dirationore, may feem to come of the French Difarroyer, a Plot, Motion, or Enterprise) are Words of id eft, confundere, to confound or diforder, or dif- Form, ufed in an Action of Trcfpafs by way of the Norman Reply to the Defendant's Pica. For ranger, to put in Diforder ; or of Example ; word Defrene', which fignifies nothing but a Proof A. fues B. in fuch an Action ; B. anfwers for of the Denial of a Man's own Fact. In our Com- himfelf, That he did thar which A. calls a Trefmon Law it is ufed diverfly. Firft generally, To pafs by the Command of C. his Mafter A- faith prove, as Dirationabit jus fuum hires propinquior. again, That B. did it defon tort demefne, fans ceo Glanvile, lib. 2. cap. 6. And babeo probos homines, que C. luy command, modo &P forma, that is, B. did hoc viderunt fie audierunt & paratifunt hoc dira- it of his own Wrong without that, that C. com-' qui Id. lib. 4. cap. 6. And dirationavit terrain maded him, in fuch Form, Qt>c. tionare. Id. lib. 2. cap. 20. he proved ittam in curia mea. 'Tis JDffpitUff, i. e. a contemptible Pcrfon. that Land to be his own, QPc. And pertinen- mentioned in Fleta, lib. 4. c. 5. par. 4. viz. BaUivi tiam earn dirationavit in vitafua, vel alio modojufte &> fervientes Regis populum fibi ftibditum gravare conId. lib. 6. cap. 12. And BraBon ufeth fueverunt, ponendo in per/juijtvit. AJJiJis juratis homines languiit after the fa-ne Sort, in thefe Words, Babeo dos &> Defpitos, &c. Lib. See Dextrales and Dextrarius. JDtflraiCS. probationem. fufficientem difratiocinationem JDrfuhitf, to weary one with continual barking, 4. traft. 6. cap. 16. And fo he ufeth Dirationare. And fo in Wejlm. 2. 13 E. 1. and then to bite, viz. Si canis hominem Dcfubitet, Lib. 4. cap. 22. And to deraign the Warranty. Old. Nat. aut mordeat tacitus, in prima cusp* reddantur fex fol. cap. 32. And to deraign the Warranty Pa- Leg. Alured. 26. Brev. fol. 146. ramount. 31 H. 8. cap. It And dereigner le WariDefaffliarr, Dittachiare, by Writ of Detachin Plowden, Baffet's Cafe, in fine z. partis fol. ment or other Courfc of Law, to fcixe or take inranty So it is to Cuftody another's Goods or Perfbn. 6, 7, 8. hath the fame Signification. ufed, Wefim. 2 cap. J. 13 E. 1. in thefe Words.
Patent. JDe quibtW fur Otffr,
Is
:

&

&

ftinup.

Is a Writ that licth againft two Cafes the Devifee fhall have a Fce-fimple Goods or Chattels delivered to But if it be given by Feoffment in fuch Manner, him to keep, refufcth to deliver them again. he hath but an Eftatc for Term of Life.* If Sec of this F. N. B. fol. l 53. To this is anfwer- one devife to an Infant in ventre matrii fut, it it a able in fome fort, AHio depofiti in the Civil Law. good Devife; but othcrwile by Feoffment, Grant And he takcth his A&ion of Detinue, that intend- or Gift; for in thofe Cafes there ought to be one cth to recover the Thing delivered, and not of Ability to take prcfently, or othcrwifc it is the Damages fuftained by the Detinue. Kitchin. void. Sec 14. Etiz- Dyer 304. and Co. on Littl. fol.

EfiilUf, Detinendo,

him,

who

halving

fol.

it 6.

See the

Detinue.
IDitraitarr,
Fleta,
lib.

To

1 1 i. And this favourable Allowance to Wills even the Heathens obfeivcd, us appears by thefc be torn in Pieces with Horfcs. Verfcs.

New

Book

of Entries,

verba

37. Apoftat*, Sacrilegi, comburi. dctra&ari debent

1. c.

&

&* bujufmodi,
Sed legum fervanda fides ; fuprema voluntas Quod mandat, fieri^ue jiibet, parere necejfe eft.

Et fie difcovcr, or lay open. fuas proprias proditiones manifefle toto mttndo Detuni. Mat. VVcftm. Anno 1240. cavit. JDCua, the River Dee in Cbejhire.

IDftuninn,

To

Laws mull

be reverencd
tnufi

and what
obey'd.

ere is laid

Upon us by a Will

be

ClW, or eban>7,
fuaMafUfif, Si homo in villa
inde
drei.

Cbefier,

or fYejhChefier.

Without Sureties or Pledges

delinquit

&

Devadiatus

fuerit, nil

babet

Prapofitus

Regis.

Domefday

IDrbiffCrr, The Word is ufed in Domef.iy Book, Tit. Hereferd, in the fame Senfc of devifing Tit. Su- by Will. Siquis morte preventus ncn devififlct qu*

^Tfflatozis is a Writ lyExecutors for paying Legacies and ing againft Debts without Specialties, to the Prejudice of the Creditors that have Specialties, before the Debts For in this Cafe on the faid Specialties are due the Executors are as liable to AHon| as if they had wafted the Goods of the Teftator riotoufly, or converted them to their own Ufe ; and are com-

Deusffafofrunt bona

fua erant, Rex habebit omnem ejus pecuniam. JDeuoire* Of Caletf {Anno 2 R. 2. Stat. 1. c. 3.) were the Cuftoms due to the King forMcrchandixe brought to, or tarried out of Calais, when our Staple was there Ipawing their uffom0 and Devoyres fO tlje feint?. Anno 34 Ed. 3. cap. 18.
Devoir, in French, fignifies

Duty.

See Divorce. JDetoO^re. IDerfrarillg. Willie! mus

tres

de Breofa

'dedit

Regi

Debtsby Specialty out of their own Goods, to the Value of what they fo paid For the orderly Payment of Debts and illegally.
pellable

dextrarios, quinque Charuros, & viginti quatuor fenfas pro habenda feifina caftrorum de Grofmunt SkentRot. Car. in turr. Lond. dc Anno frith &P Clanteli. a That is three light Horfes or Devafta- 7 Joh. n. 38. Legacies by Executors, lb as to cfcape the Office of Horfes for the great Saddle, from the Fr. tion, or charging their own Goods, fee Defirier,
c. 12. which fignifies a Horfe for Service. tbPtimint Lat. is a Writ heretofore directed Dextrarius, in another Senfe fignifies, To take to the Efcheator when any Tenant of the King, the Right-hand of another, viz. Ordinatis igitur holding in Capite, died; and when his Son and qwie fiunt in applaufibus hujufmodi, dextravit archieHeir, within Age, and in the King's Cuftody, pifcopum Londinenfis Epifcopus, finifiravit Wintonienfis. died, then this Writ went forth, commanding the Dicet. in Anno 1195. Efcheator that he, by the Oath of good and lawDejrtraa Darf, in Token of Friendlhip; which ful Men, enquire what Lands and Tenements by is ufed at this Day, by Shaking of Hands. the Death of the Tenant, came to the King. See PI. 4. and Keilwey's Rep. fol. 199. a. Jam pariter coeant animorum in pignora Dextrae. Dyer, f. 360. Though this Writ, in the*enfe abovefaid, be difufea, yet a new Ufe of it is preferred by Aft 'Tis mentioned by Walfingham as a Giving up of Parliament, 14 Car. 2. c 11. entitulcd, An AH himfelftothe Power of another. Page 332.

to pay fuch

Executors,

for preventing

Frauds, and regulating Abufes in

Is

bis

Mayftys
Inveftir:

Cuftomi.

tenet

Willielmus Couch IDfDiiertl Canffl. duas carrucatas terra de Domino Rege apud Ben-

< Ufff,

contrary Inveft ; (Deveflire) Co fignifies poffeffionem tradere, Deveftire

to

for as
is

poffefftonem

luentff , ip9pfcfnr> Cometh of rhc French Dior Devifer, to confer with. This vider, fepar#&,' attributed in the Common Law, Word is

aujutr^

Feud,

lib.

I.

cap

7.

ham com. Berk, per ferjantiam cuflodiendi unam mtnfam Deync&orum Canum, ad cuftum Domini Re Anno 12 Ed. 1. Tenures, p. 38. gis.
JDiartUCU^, a very good Friend.
tu facile

~Non

eft

narra-

properly

quam efficax fuit in exhortando Diamicos &* Mafmf. in vita Aldkclmi, 1. c. 3. Difcipulos.

him that bequeaths his Lands and Goods by IDlflnjafium, an Electuary, Diaprafii Coloris is Du Frefne. his laft Will and Teftament in Writing, and he Green. to whom the Devife io called the Devifor, and he IDiariUtn, Daily Food; as much as was fufficiDiaria dari is made, the Devifee. And here we are to obfervc, ent for the Day. Conftituit qutdam That the Laws of the Realm, and the Judges fcriptoribus. Du Cangc. thereof, favour Wills and Teftaments, and DeviDiaper, or Linen variegated in the iliiafprr. Henricus Abbas Glatton. tempore in yielding to them fuch a feafonable Con- Weaving. fes, ftru&i<> 9 they think might belt agree with the Regis Hen. 1. ifli EcAefi*. contulit ornamenta fatis Mind of the Deccafed, and arc more favourably pretiofa, videl. pallas novem optimas, quorum qutdam CharWe will fct erant de Diafpre, qutdam defamito. interpreted in Wills than in Deeds down fome few Examples as if one devife to J. S. tular Abbat. Glafton. MS. f. 12. all his Lands and Tenements here with many Colours. JDiofptraflif, Stained by his Will not only all thofe Lands that he hath in Poffcfli- Sandalin cum caligis de rubeo fameto diafperato on, but all thofe that he hath in Reverfion, by breudeta cum imaginibus Regum. Mon. 3 Tom. Virtue of the Word Tenements pafs. Again, if pag. 3 14. Lands be devifed to a Man, to have to him for etr;i, A Tally for Accounts by Number of Et prater Tcr, or to have to him and his Afligns In thefc Taillees, Cuts, Marks, or Notches.
to
:

he

habere Dieas At donis hoc debet Magifier Marifchalcis &P liberation/bus qua fuerint de thefauro Regis Cf de

IDieiS titttUG is a Day or Time of Refpitc, given to the Tenant or Defendant by the Court. fun camera, & debet habere Dicas contra omnes officia- Bnke, Tit- Continuance. JDiea a^arcl)!, The Day of Congrefs or, Lib. 6, Rub. Scacc. tes Regis ut tejles per omnia. \)i- Meeting between the Englijb and Scotch, appointed Angl. f. ;o. Inflitutum efi ut diligenter per cam notetur quantum ex omni genere bladi vel legumi- annually to be held on the Marches or Bqrders, to Dica ilia dhiidatur In due, adjuft all Differences, and prefervc the Articles nis expendetur in femine - Dux Lancaftriz gp una pars deputaiitur cuftcdU Hqfpitalis Fratris of Peace. pro Die Marchiz - raltera Grangiario,. Stat. ord. de Semplingham, (prout Moris efi) tenenda inter Anglos QP-Scotos an-

IDltfeer

or IDicre of *Leafl)fr

is

a Quantity con-

often Hides. The Word probably comes from the Greek zix.*, which fignifies Ten. Civi- ds, Qfc. lb. p. 507. Per fervitium meJDlffn, A Days- work. tas GloucefirU reddebat xxxvi. Dicras ferri, Domefi.e. 56 Dickers of Iron, 10 Bars to the Dick- tendi bladum Domini per tres Dietas in Autumno day; ad cibum ipfius Domini ad primam dictam per quaer. &ak's Uifi. Brit. -\&6. MS. pag. iDicra fan, A Quantity of Iron confiding tuor homines, QPe. Cartular. Rading. T. R. E. reddat civitas penult. poflibly of Ten Bars. "{Diets rafionabilia Is ufed in BraBon for a d* Gloweceftre xxxvi. Lihr. numeratas, &> xii xxxvi. Dicras reafonable Day's Journey. Lib. 3. part. 2. cap. mellis ad men/uram Burgi, fextaria centum virgas ferreas duBiles ad claws navi- 1 6. And we find in Fleta, Omnis rationabilis Dieta ferri, &> Lib 4. cap. 28. par. 13. alias minutas confuetudines in con um fiat exviginti miliaribus.
fiding
.

Tho. Walnisfingulis, in partes concejferat boreales. fingliam, in R. 2. p. 478. Convenerunt ad Diem Marchix, 8? conventum fu.it inter eospro commodo pa-

&

Regis,

Aula

& in camera Regis, *

& quafdJm

Lib.

Domefday

It

Glouceft.

hath in the Civil Law divers other Significations npt needful here to be fct down. Videvocab.

EWtCtfff, Xfttrm: The one is an Arbitra- utriufpie juris. IDlfU (on att, Thofe are the Arbitrament. Protulit is tor; the other ufed in our Law; and it is a Diftum fuum [ententiam pro Rege Anglia. MamlC

&

pag. 384. JDirtutn Or fcfncltoo;rh. was an Edift or between King Henry III. and all thofe Barons, other (hall not and others, who had beeri in Arms againft him
,

Words oftentimes Maxim, that the AB of God ihall prejudice no Man: And thereAward fore if a Houfe be beaten down by Tcmpeft, or

of God, the Lcffee for Life or Years be quit in an Action of Wafte and fo called becaufe it was made at Keneltvortb- brought againlt him, but hath by the Law a fpein rVarwickjbire, An. 51 Jf. 3. containing a cial Intereft to take Timber to build the Houfe Cafile, if he will, for his Habitation. Co. lib. 4. Compofition of five Years Rent for the Lands and again, 82. a. So, when the Condition of an Eftates of thole who had forfeited them in that 63. & libonly

AB

Rebellion.

it us

r laiifit

eitrrmum Was a Writ

that

if-

fued out of the Chancery to the Efchcator of the County, upon the Death of any of the King's Tenants in Capite, to enquire by a Jury of what Lands he died feifed, and of what Value, and who was the next Heir to him. Fttz. Nat. Br.
fol.

Obligation confiftsin two Parts in the Disjunctive, and both are pofiible at the Time of the Obligation made, and afterwards one of rbem becomes impoffible by the AB of God ; the Obligor is not bound to perform the other Part, for the Condition ihall be taken beneficially for him. Co. lib.
5.

22.

Dlffafprp, To dcflroy. Si vero non compareat There are four Sorts of Days, A Day na- Charta, fed ah illo qui infervir* vult Diftktta fit, tural, and fo the Scripture faith, The Evening and (that is, Torn). Du Cangc. 2. A Day artificial, the Morning made the firfi Day. JLlffafllO is a Maiming any one. lnfurta& and that is a crepufulo matutino ufque ad crepufculum murdro &P eis qua ad piftaiiionem pertinent. Leg, Dies afirohgicus, an Aftrological H. i. c 64, 88, 02. 3. wfpertinum. 3Diffo?ciare reaurrt, To deny Juftice, being reDay from Sun to Sun. 4. A legal Day, and that

is 1. 3Dlf 0,

of two Sorts, 1. Dies Juridictts ; and j. Dies quired to do it. Si quifquam de proceribus regni. non Juridicus. Dies jFuridici arc all Days in Bank, Difforciavcrit Archiepijfcofo vel Archidiacono de fe
is

Continuance, Effoin-days, and other Days given fuifque jufiitiam exhibere, Dominus Rex debet eos juTerm to the Parties in Court. Dies non Juri- fiitiare. Mat. Paril." Anno 1164. Sometimes it To take away ; as Diffoniare dotem. See dici are all Sundays in the Year ; besides, in the fignifies
in

fevcral

Terms

particular

Days, as
; ;

in

Eafier-

Term, fefium

afcenftonis

Domini

in
in

Trinity-Term,

Deforcement. fflinettum, the

Book of Pande&s of
it

fejlum fanBi Johannis Baptiftx Term, fefium omnium SanBorum,

;

Du Cangc. fefium omnium cepta cxcellenter. Digcfta. animarum and in Hillary -Term, fefium PurificatioignitarifP, Dignitarii, Are fuch as are advanAnd this was the an- ced to any Ecclefiaftical Promotion, as Dean, ns} beau Mariae Virginis. cient Law of England, and yet in Ufe. 2 par. Infi. Archdeacon, Prebendary, &V. 3 par. Jn/l. fol.
164.

&

Michaelmas-

Law

fo called, becaufe

the Civil contains Legalia pra-

155is

One Day's Entertainment, Farm, or Reception,reddebat unam diem de firma, &*

Dits.

valebat 95.

Lilr.

&P

6. denar.

Domefday, where

other Fee-Farm Rents, as we may call them, referved to the King in fo many Days or Nights Provifion. Et reddebat dimidiam diem mellis, &c. Et unam diem de firma ; that is, As much Honey as was fufficient for the King's Family for half a Day ; and as much Provi-

there be

many

ejufdem, cap. 15. And is by the Canonifts defined to be, Adminifiratio. cum jurifdiBione Qp potewhereof you may read Exfiate aliqua conjunBa ; Qp amples in Duarenus, de Sacris Ecclef.
Beneficiis,
lib.

ignitp flmfeffaffiral {Dignitas EccUfiafiicalU) mentioned in the Stat. 26 H. 8. cap. 31, &> 32.

z. cap.

(J.

Of

Minifiris Dignities and Pre-

bends Camden reckons in England 544.

Britan.

p,

i6u
SDifa'

fion as

was enough for a whole Day.

Domefday,

apud Speltnan. z

D
' '

he hath by that difabled iiimfclf to perform the Condition according to the Truft in him rcRuin and Decay for want of due Reparation. An. pofed, and therefor* the Feoffor may enter, and for Dilapidations ouft him. Lit. ft ft. 357. So if I bind my fclf, 15 Elii. c. 10. Money recovered, fhall be employed in Repair of the fame Houfcs. that upon Surrender of a Lcafc, I will giant a cw Eftate to the LofTcc, and afterwards I grant Anno 14 El. cap. 11. Outlawed. D# Lege eje- oyer my Reverfipn In this Calc, though I af ie. IDthaaruu, hominem accu- terwards purchale the Rcvcrfion, yet I have forflus, viz. Si quit Diligiatus legalem dkimus vocem ejus. Leg. Hen. I. feited my Obligation, becaufc I was once dil>4fat, funeftam blcd to perform it. Co. lib. 5. fol. at. Alio if a cap. 45 1D7lliarouf, Pottage formerly made for the Man be excommunicated, he cannot during that Robcr-. Time fue any Aftion, but (Vial be thereby dif Ring's Tabic on his Coronation-Pay. tus Agyllon tenet unam carucatam tetr* in Ading- ailed. Co. lib. 8. fol. 60. and fo in oiher Cafes. 3, unum jercu- Difability by AS of Law, is properly when a Man ton in com. Surr. per ferjantiam faciendi lum in villa Intra in coqstina Domini Regis die ccrona- by the folc Aft of the Law is difabled, and fo is Old an Alien born. And therefore if a Man born out H. 3. tionisfu*. Et vacatur Dilligrout, 39 of the King's Ligcancc, will fue an A&jpo, the Tenur. p. \. rnif*, Weft-Wales; fcil. Carmarthen, Pem- Tenant or Defendant may fay, That he was born in fuch a broke, and Cardigan Shires. Country, out of the King's Ligcance, and dcrpand The Moiety or one half lD:iniC:ira0, Judgment if he flinll be anfwered ; VVillielnii- le for the Law is our Birth-right, to which an Alien Filia Sciant quod Ego Matilda Waltcro de Stetton is a Stranger, and thercfoic difabled to take any dedi Franceys Benefit thereby. 4. the Aft of Dimidietatem illius Burgagii, &Pc. fine dat. Difability, by Ex Libro Cart. Priorat. Jle Leominftrc. God, as to be Non compos mentis, or nonfat* rntJDitniffojp ILcttfrg i.'Whcn a Candidate for morit, which fo difables him, that in all Cafes Holy Orders has a Tjrle in one Diocefe, and is where he gives or pa lies any Thing or Eftate out to be ordain'd in another, the proper Diocefan of him, after his Death it may be difannulled 'to fome other ordaining Bi- and avoided. And here obferve, That it is * gives Letters dimiffot) that the Bearer may be or- Maxim in our Law, Th%t a Man of full Age palf fhop, giving Leave never be received to difable his own Perfon ; and this dain'd to fuch a Cure within his Diftrift. JDin.nmm. A Dinner, the Meal oppofed to Incapacity to difable himfclf, as to fome, is perPrandium. Et rariahit bladum per unum diem, &P fonal, extending only to the Party himfclf; but habebit tarn ad dinarium quamad prandium, partem, as to others it is not perfonal, yet fhall bind & carnes. Confuetud. domus de Faren- them as Privies. Now there are four manner of rervifiam,
IDihipioation {fiilabhUlio) a wuftcful Spending or Defraying ; or the letting Buildings run to
I

<

'

don. MS. trjoalf.

Dicccefis,

Greek

Word compounded

Privities, vis. Privity in Blood, as Heir.

and cs $n , and fignifies with us the Cirof every Bifhop's Jurifdiftion ; for this Realm hath twoSortsof Divifions; one into Shires or Counties, in refpeft of Temporal Polity ; the other into Diocefes, in refpeft of Jurifdiftion Ec-

of

JV

Privity in Reprefentation, as Executors or Adminiftrators. Privies in Eftate, as Donee in Tail, the Reverfion

cuit

or Remainder in Fee, &V.

as

And

Privies in Tenure,

clcfiaftical,

Two
it

of which laft and twenty, bcfides

Icrritorium

Lord and Tenant. Two of thefc may difable the Perfon of the Dead, which was Nonfat:* MemorU, or, <9V. and fhall avoid his Grants or Feoffwe reckon in England ments, viz. Privies m Blood may fnew the Difabifour in Wales. At firft lity of the Anceftor, and Privies in Reprefentation

; Co. Dixceps eft proprie baptifmalis the Infirmity of their Teftator or Intcitatc. lib. 4. f. &> Gubernatio. Du Frcfnc. 123, 124. See Lit. feS. 405. and Co. lib. 8. fol. 43JDiiatidnair. See Difratjoxare. ifdoBOCSTT, To deny, or not to acknowledge IDirgf, or 1Dp:gf, A mournful Ditty, or Song Tis mentioned in Rengbam Magna, of Lamentation over the Dead; not a Contraftion a Thing. of the Lat. Dirige, in the Hymn Dirige greffus meos, cap. 4. viz. Et ipfe reus dedicit in plena Comitatu hfi But from the Teutonic!? petenti hujufmodi fervitia petita, CP ipfsun Difadvocat as fome pretend Whence it pro Domino. Laudare, to praife and extol Dyrke our Dirge was a lauEilair, Significth as much as to difable. Little.is poflible their Dirke and datory Song to commemorate and applaud the ton in his Chapter oiDifcontinuance. Dead. Htloft/.nt,A Turning Wood Ground into araIDirotllfUm, i. c. Duplex refeB'w, vix. Jtfiufque ble or Palhire, an Aifarting. See Affart,

fignify'd a Parifh

Ecclefi*

commiffum JDifraligaM*, i.e. Without Shoes. Dicentes t:eMonalt. 1 quaquam debere Reqem adire tr.les Difcaligatos ribal Tom. p. 218. dos. Walfigh. p. 148. JDimir', a Pecuniary Punifhmcnt, prtfrarcan', Properly to unlade a Ship or IDifahilltV, Difabilitas, Is, when a Man is dif- Vcffcl by taking out the Cargo or Goods. abled of, or made incajmblc to inherit or take a Et prtdihus Prior carcarc & difcarcare fecit ibidem Benefit which otherwife he might have done, Merchandifas &> Denariatas Piacit. uafcunuue. which may happen four Ways, by the Aft of the Pari. 18 E. 1. Anceftor, by the Aft of the Party, by the Aft of ^Dlfayff, fix Deceit and Deceptione. See alfo the Law, and by the Aft of God. 1. Difability by the Nete Book of Entries, verbo Difceit. Aft of the Anceftor ; as if a Man be attainted of Id cut, Difcenfus, In the French Defent, figTreafon or Felony ; by this Attainder his Blood nifies in the Common Law, an Order or Means ,is corrupt, and thereby himfclf and his Children whereby Lands or Tenements arc derived unto the Aft of the any Man from his Anceftors 2. as to make his difabled to inherit. Difability by Party himfclf; as if one Man make a Feoffment Difcent from his Anceftors, Old Nat. Brev.f. lot to another that then is fole, uponCondition, that he is to fhew how, and by what Degrees the Land in fhall enfeoff a Third before Marriage, and before Qucftion came to him from his Anceftors hs the Feoffment made, the Feoffee takes a Wife; firft from his great Grandfather to his Grand faloci

Abbas

Regi deferviens gregem

i.

fihi

Dirochco,

Duplies

paftu foveat.

father,

I
tin,

DI
pag. jil. So Robert de Replingham Chancellor of the Ch. of York, in his laft Will proved 3 Kal. defcum Item Cathedram meam Sept. 1332.

(b ther, from his Grandfather to his Father, and This Difcent to him, or in other (uch like fort. is cither lineal, or collateral ; Lineal Difcent is con-

&

the meum Cancellar. Ebor. fucceffcrl meo. Ex ColleBan. veyed downwards, in a right Line from Grandfather to the Father, and from the Father Matth. Hutton. S. T. P. MS. ID11 francfyiff, To take away from any one to the Son, and from the Son to the Nephew, Qpc. Collateral Difcent is fpringing out of the Side of the his Privilege or Freedom. 14 Car. 2. cap. 31. whole Blood, as Grandfather's Brother, Father's It is contrary to Enfranchife, which fee. ID'fgraQin?, or JDe*iraoing, (DegraZatio,) is Brother, &c. If one die fcifed of Land, (in which another has Right to enter,) and it defcends to the Punilhment of a Clerk, who, being delivered his Heir, fuch Difcent fhall take away the other's to his Ordinary, cannot purge himfclfof the Ofwhereof he was convici by the Jury; and Right of Entry, and put him to his ASion for fence, it is the Privation or Devesting him of the Holy Recovery thereof. Stat. 32 H. 8. c. 33. Cole on Orders which he had, as Prieflhood, Deaconfilp, Lit.f. 237. There is, jDifclaitncr (from the Fr. C/awer, with the Pri- &c. Stfundf. PI. Cor. fol. 130, & 138. vative Dis) is a Plea containing an exprefs Denial, likewifc the Degrading of a Lord, Knight, &r. Sir Renouncing or Difclaiming; as. If the Tenant fue Andrwb Harcla, Earl of Carlisle, was convited, a Replevin upon a Diftrefs taken by the Lord, degraded, and attainted of Treafon. Hill. 18 E. 2. and the Lord avow, faying, That he holds of him Coram Rege, Rot. 34, 5 5. When Judgment was as of his Lord, and that he diftraincd for Rent pronounced againft him, his Sword broken over not paid, or Service not performed ; then the his 'Head, ana his Spurs hewn off his Heels, Sir Tenant, denying to hold of fuch Lord, is faid to Authony Lucy, the Judge, faid to him Andrew, now Lord proving the Tenant to Art thou no Knight, but a Knave. And by the Stat. difclaim ; and the hold of him, the Tenant lofeth his Land. Alfo 1 3 Car. 2. c. 1 5. William Lord Monfon, Sir Henry a Man denying himfelfto be of the Blood or Mlldmay, and others therein named, were deKindred of another in his Plea, is faid to difclaim graded from all Titles of Honour, Dignities, and See Coke on Littl. fol. 102. and Fltz- PrehemincnciciS, and none of them to bear or ufe his Blood. Nat. Brev. fol. 197. If a Man arraigned of Felo- the Title of Lord, Knight, Efjuire, or Gentleman, ny difclaim Goods, being cleared, he lofeth them. or any Coat of Arms, for ever after, ($c. By See Broke and New Book of Entries, Tit. Difclaimer, the Canon Law there arc two Sorts of Degrading and Staundf. P/. Cor.f. 186. In Chancery, if a De- one fummary, by Word only ; the other folemn, fendant by his Anfwer difclaim the having any In- by devefting the Party degraded of thole Ornatereft in the Thing in Queftion, this is alfo cal- ments and Rights which are the Enfigns of his Order or Degree. See Selden's Titles of Honours, led a Difclaimer.
',

French
in the

IDlfiOnttiiuanrf, Dlfcontinuatlo, Cometh of the fol ,hIn former Difcontlnuer, that is, ceffare, and fignifieth

Times the Degrading a Clerk was no

a

nothing elfe but an Interor breaking off, and is twofold, Difcontiruption, nuance of Pcffeffton, and Difcontinuance of Procefs : The Effeft of Difcontinuame of Poffeffton is this, That a Man may not enter upon his own Land or Tenements alienated, whatioever his Right be unto them, of his own felf, or by his own Authohis Writ, and feck to reco rity ; but muft bring ver Poffeffton by Law; as, If a Man alien the Lands he hath in Right of his Wife ; or if Tenant in Tail make any Feoffment, or Loafe for Life, not warranted by the Stat. 32 H. 8. by Fine fuch Alienations are called or Livery of Seifin Difcontinuances : WRich are indeed Impediments to an Entry, whereby the true Owner is left only See the 'Terms of the Law, verbo to his Attion.
;

Common Law

Difplacing or Sufpenfion from his But the Canonifts have fince diftinguiflied between a Depofition and a Degradation ; the laft being a greater Punifhmenr, becaufc the Bifhop takes from the Criminal all the Badges of his Order, and afterwards delivers him to the fecular Judge, who deprives him of the Title of a Clerk. There arc many Forms of Degradation, too long to enumerate here. Du Cangei
Offite
:

more than

2L iffU'rifOIl (Fr.

Defoerltemenf)

is

an old Word,

It is ufed in fignifying as much as Disheriting. the Statute of Vouchers, made 20 Ed. 1. SDur JUno the i&imj ronftoenng fjts nton Damage ano

Dilherifon of
cap. 4.

tl)C

Croten, &c.

And

in 8.

R.

2.

Jjtfljerifo:.

Difcontinuance. Infiltutes of
Co. Rep.

the

Common Law, c 43. be puiiuTkd

as a

Diflieritor

Cfte Sheriff fl;aH fo?tI)h)itlj of our io;D tiji

quinquina!. See Quinfiinal Difmes. DecimA, Are Tithes, and fignifieth the tenth Part of all the Fruits of the Earth, or Beafts, or our Labour due unto God; and fo in his JurlfdiHlons, fol. 131. ufeth it in thefe confequently ro him that is of the Lord's Lot, Words, If a Juftice-Seat be difcontinued by tbe that is, our Paftor. It fignifieth alfo the Tenths not coming of the fuflices, the King may renew the of Spiritual Livings, yearly given to the Prince, fame by his Writ, &>c. In this Signification Fttz- called a perpetual Difm, 2 &P 3 E. 6. c. 35. which herbert in his Nat. Brev. ufeth the Word divers in ancient Time were paid to the Pope, till Pope Times, as Difcontinuance of Corrody, fol. 193. To Vrbane gave them to Rl hard the Second, to aid difontinue the Right of his Wife, 191, &> 193. him againft the French King Charles, and thofe o an Aflife 182, &> 187. An. 31 El. thers that upheld Clement the Seventh Difcontinuance of againft ca. 4. 14. Car. i.e. 10. Co. on Littl. him. c. I. 12 Car. z lib. 20. Polyt'or. Virgil. Aug. Laftly,
:

The Effett lib. 3. Cale Of Fines, fol. 85. of Difcontinuance of Plea or Pro.efs, when the Inftant is loft, and may not be regained, but by a new Writ to begin the Suit afrefh For to be difiontinued, and to be put fine die, is all one, andnothing elfe but to be difmiffed finally the Court. Weft. 2. Tit. Fines, feS. 115. So Crompton Symbol, part.

One

feing, anti hi* Crohni. that dlfivheriteth, or

Anno 3 Ed. 1. cap. 39, puts another out of his

Inheritance.

ifmc

JDifttlfF,

H</?.

a Tribute levied of the TemporaliDesk or leaning Shelf. ty. Holinjhedin H. l. f. in. Tithes are of three JDiftue, fftue, Predial Tithes Super reparatione difcorum, &* flaUorum in canceKo Sorts, Predial, Perfonal, Mlxt Hift. Croyland. Con- are of Ecclef* controverjia orta ejl. Things that come of the Ground only, 2 as
315-

It fignifieth

as

fuch Corn, &>c. Perfonal Tithes arc paid of of Things as come of the Labour and Induftry Man's Pcrlbn, as Buying and Selling, dv. Mixt Tithes arc of Calves, Lambs, Pigs, and fuch
like.
.

Co.

TSiCCctfoitfi, Is a on Lit. fol. 3 J 7.

Woman
b.

that dffti/etb tooth".'.

IDifffifin
dipetfed

upon

IDiffeifui, Is

where a Dip:

by another.

a legal Difparagatb, Is in Senfc ufed efpecially for matching an Heir in or againft Marriage under his or her Degree, Tit. de Nuptiis, See CoweU's

Ctfpdragfmm\

JDitlrt Car* Signifies a Com pul (ion incertair Actions, whereby to bring a Man to app~ Court, or to pay a Debt or Duty deny u T.x Effect whereof moft is to drive the
:

commonly

Decency.

fed. 6. Co.

pered,

being j being ted to fue in forma pauperis, if afterwards before the Suit be ended, the fame Party have any that Lands, or pcrfonal Eftate fallen to him, or the Court, where the Sutc depends, thinks fit for that or any other Reafon, to take away that he is faid to be difpauPrivilege from him, then in fori. e. put out of the Capacity of fuing

Party diftrained to replevy the Diftrefs, and fo to Inftitutes, take his Action of Trefpafi 107. Lit. lib. 2. cap. 4. againft the Diftrainer, Littl.fol. JD rpauiHl'f. When any Pcrfon by Rcafon of or elfc to compound neighbourly with him for his Poverty, attcfted bv his own Oath, of not the Debt or Duty for which the Dftrefs was made. is lawful, worth /. his Debts fee New Terms paid, is admit- In what Cafe a

on

Difirefs

of the

Law.

The

Civilians call it

Pirmorum

atptio-

nem : There are divers Things not as diftrainable, another Man s Gown in the Houfe ofa Tailor, or Cloth in the Houfe ofa Fuller, Shecrman, or

Weaver
is

ma

Pauperis.

For they, being common Artificer*, it prefumed fuch Things belong not to the m:

felves,

but to others.

Victual

is

not

JDlfpl'llfSt,

cujlodia
fcrinii

fun
fui.

Buttery. Habere debet uxor fub claws Difpenfae fua, arch* fua & Bract, lib. 3. tract. 1. cap. 31.

par. 9. IDtfpcrftmarr,

To

difparage,

or fcandalize.

Dcpcrfonatus mihi miniftrando cam Jis films Comitis, ego Regis &> Regina. ifranonare, and Mrafionarr, (Fr. Defrener,) To juftify or make good the Denial of a Fact. Eft

Non

es

contrarium ratiocinando aperere, vel ouod affertum eft now call it Trover/are, ratiocinando deftruere. or Traverfe. Dirationare fe has been ufed to clear

We

of a Crime. See Gloff. in decern Scriptor. and Deraign. Sciatis me dedijfe Leo &P Ecclefia &P Roberto Epifcopo Lincolni* I a bovatas terra quas Raone's felf
dulfus Bajfet Difrationavit
3
ejfe in

Domittio met,

Mon.

nor Com in Sheaves, unlcfs they be in a Cart : For a Diftref ought to be of fuch Things whereof the Sheriff may make Replevin, and deliver again in as good Cafe as they were at the Time of the Taking. A Man may dittrain for Homage of his Tenant, or Fealty, Efeuagc, and other Services, and for Fines, and Amerciaments, affeflcd in a Leet, (but not in a Court-Baron,) and for Damagc-feaiknt, &V. but not for Rent due for any Land, except upon the fame Land charged therewith, Qpc. When one hath taken a Diit behoves htm to bring it to the Common (befs, Pound, or he may keep it in an open Place, fo that he gives Notice to the Party, that he (if the Diftrefs be a Quick Beaft,) may give it Food. See the Stat. De diftriBiene Scacca.

diftrainable,

rii

51

H.

by Briton, cap. 71. divided into Perand Real. Diftrefs Pergonal is made by diftrainNeubrigenfis ; ing* Man's moveable Goods, and feifing all the patre Teftamentum diflignatum eft. Profits of his Lands and Tenemeuts, from the lib. ft. c 7. iflVifin, Diffeiftna, Significth an unlawful Teftt or Date of the Writ, for the Defendant's a Man of his Land, Tenement, or Contempt, in not appearing to an Action brought Difpoflefling other immoveable or incorporeal Right, Inftitutes againft him, after he was fummoned or attached ; Common Law, cap. 1 5. And how far this and the Iffucs lb returned by the Sheriffs of the extendeth, fee Brail, lib. 4. cap. 3. And there- are forfeited to the King, and eftreated into the
p. 1.65.

Tom.

IDiffignarr,

To

Diftrefs

3. is

break open a Seal.

Sepulto fonal

fore the Aflifes be called Writs of Dipifin, that Ex. hequer.

lie againlt Dijfeifors in

termed

is made any Cafe, whereof fome be Diftrefs Real upon immoveable Goods. Writs of Dipifin, being Vicontiel, that This differs from an Attachment ; for that it cannot be taken by any common Perfon without the fucablc before the Sheriff, in the County is, Court. Old Nat. Brev. fol, 109. becaufe they are Compafs of his own Fee ; except it be prefently determined by the Sheriff without Aflife, Reg. after the Cattle, or other Thing, arc driven or Nufances of no great Pre- born off the Ground, purpofely to avoid tue Di Orig. fol. 1 98. b. as for : See Attach, and the Dipifin is of two Sorts, cither fimple, ftrefs. Fitz- Nat. Br. fol. 904. judice committed by Day without Force and Arms, Sratutc 1 7 Car. 2. c. 7.
little

BraH.

fin

alfo divided into Fmite and : Infinite which is limited by Law, how often you And Dijfeifin by Force, it fha.Il be made to bring the Party to Trial of Brit. ,a. 53. in what not. for which fee Deforceor, fee Frcfb-dipeifin, RedifleiAlha Action, as once, twice, Sfc. Old Nat. Br. fol. and See alfo Skene de verbor. 43. Diftrefs Infinite is without Limitation, until
lib.

4.

cap. 4. Brit.

cap.

42, 43, 44. where

it is

(hall find in

what efpecially

lawful, and

Diftrefs Finite is thit

is

fiqnif.

iscom- the Party come ; as againft a Jury, which refuautem, fethto appear upon Certificate of Afiife, the Prowhen it is lawful, cap. Qpc. and Wrong- cefs is Venire facias, Habeas corpora, and Diftrefs Inful Dipifin is no Defcent in Law. 31 H. 8. finite. Old Nat. Br /. 1 1 3. Then it is divided into a Grand Difhrfs, {An. 51. H. 3. c. 7.) which Fitz33. cap. JDiffinftrr, To Dpelfe, Eject, or turn out of herbert calls Magnam Difirittionem, and an Ordinary Rex Richardus A Grand Diftrefs is that which is made of diffcifivit Diftrefs. Poffeffion. primus Gerardum de Cam villa de Caftcllo & iiicecomita- all the Goods and Chattels that the Party hath within the County. Briton, cap. 26. fol. $2. But tu Lincolnicnfi. Paroch. Antiq./>. 152. IDlffei'o;, Is he that puttcth another out of his fee whether it be not fame-times all one with a DiLand, and Dipifee is the Pcrfon lb put out. ftrefs Infinite. Idem, fit, 80. with whom alfo the Statute of Marlbridge fcems to agree. An. 52. if. 3. 4 H. 4- cap. 7.

Peft-dipifin. verbo Dipifina.

Fleta,

How many
4. cap.

ways

it

mittcd, fee

lib.

1. feci,

fit 2.

cap-

cap. 7, 9,

&

i*.

See Grand

Diftrefs

and Attach- que

And fometimcs

fint

querela,
it

conveniant
fignifies

ad divifas terrarnm. an Award, as in L,eg.

is the Place in which a H. 2. c. 9. Omrtis caufa terminetur vel in Comitatu hath the Power of Difiraining, or the Cir- vel divifis parium. JDiUilse, Divifes or Bounds, Divifas perambulare, cuit or Territory wherein one may be compelled Ut fupra Where we fay, to walk the Bounds of a Parifli. to appear. Briton, cap. 120. vero Hors de fon fee ; others fay, Extra difiriBum terram unde calumbriata fuit, ipfa cum fuis, ego cum meis ad divifas pcrambulandas conaenerimus. fuum. or Goods Difirained, Cartular. Rading. MS. f. 108. b. So is Devifa IDilTrtCtione^, Difiraints, or Difireffes, kept in Cuftody till Payment and ufed for the Borders or Limits of Divifion bePoffunt Nos &> Sue- tween Lands, Parifhes, or Countries, full Satisfaftion be made.

Man

tf?ri(t (DifiriBus)

ceffores r.ofiros

ftringerc

ad

&> prtdiBas omnes terras folutionem memoratam,

^-7& diftriSiones
;

di-

Sic ufque Hetheneburn inter Akemanfirete

inter

inter

devifas

com. Oxon.

retinere quoiifjUe plenarie fuerit fatisfaButn.

Paroch. Hence the

(icuate

Devifes, or Divizes,

Antiq. p. 344. the Sheriff, or JDiftnngag is a Writ directed to other Officer, commanding him to difirain any one for a Debt to the King, &V. or for his not of Appearance at a Day. See great Diverfity this Writ in the Table of Regifier Judic. verba DiThis was fomctimes of old called Constringas

on

Paroch. Antiq. pa. 324. a Town in Wiltfbire , the Confine of the We Saxon nd fi

& Buck.

Mercian Kingdoms. See Devife. JDlbife.

JDibo;c (Divortium, a divertendo) is tion of two de faBo married together

a Separa;

of which

as appears firingas,

by this Writ. Lib. Ramif. felt. Henricus Rex Anglia hominibus Abbatis de 217. Ramefia falutem. Pracipio quod cito e> jufie reddatis
Abhati Domino

placitis, ficut jufie monftrare pofirma, inde tent quod ei debeatis. Quod Ji nolueritis, ipfe vos
debitis,

&

vefiro, quicquid

ei debetis in

&

cenfu,

&

pecuniam vefiram. Tefie CanceUar. By Pecuniam vefiram, in thofe Bona &> catalia. Days, was undcrftood JDinaDiatUiB, j. *. a Thing given in Pledge. "Tis often mentioned in Dome/day, vix. Si abierit domum von apprehenfus vel Divadiatus. Gale, 760 So in Leg. H. 1. c. 57. Nrfi quit retentut vel Diva-

conftrmgat

per

apud

Gloucefier.

there are two Kinds ; one a Vinculo Matrimonii ; the other a Menfa Thoro. The Woman divorced a Vinculo Matrimonii, receives all again that flie brought with her. This only arifes upon a Nullity of the Marriage, through fome eflential Impediment, as Confanguinity or Affinity within the Degrees forbidden, Precontract," Impotency, &c. Of which Impediments the Canon Law allows fourteen, comprehended in thefe Verfes :

&

Error, Conditio, Votum, Cognatio, Crimen, Cultus, Difparitas, Vis, Ordo, Ligamen, Honefias,

Si fis affinis, Si forte roire neqnibis , Si ParoM Qf> duplicis defit pr&fentia

tefiis,

diatus fit vel plegiatus pro culpa fua, &c. Ditoel on ttje ifitcfe. tormenting Engine in ufc among the profecuting Papifts, to

Raptave fit mutter,

Divorce
is

nee parti reddita tut a.

extort Confeflion and Apoftacy from the Poor there be Occafion, it ought to be reverfed in the Lollards. It is thus defcribed by Mr. Fox in his Spiritual Court. See Cohe, lib. 7. Kenne s Cafe. Acts GP Mon. fub R. H- 8. Certain firait Irons called Idem, lib. 5. /. 98. and onJL<7. /. 235. In the old Law, the Woman divorced was to the Divel on his Neck being after an horrible fort devifed, firaitning and winching the Neck of a Man with have of her Husband a Writing (as St. Jerome and his Legs together, in fuch fort as the more he flirreth Jofephus teftify) to this Effect, I promife, that herethat within three or after I will lay no Claim to thee ; which was called, it in it, preffeth him, fo
thefiraiter
it

formerly

a Judgment Spiritual

wherefore, if

four Hours,

breaketh

and

erufheth

a Man's Back

Bill of Divorce.

and Body

in Pieces.

tfte rthequfr, Seems to be one tumeno 28 Part of an Indenture. An. 10 E. I. c. 11.

&

E.

that Share or Part which every one of the Fellows dojuftly and equally divide among thcmfelves of their Annual

Stat. 3. c. 2. ibtOf nO in ti)C IHnibtrfifV, Is

1.

Diucnafi, as much Land as can be plowed in a Day with one Ox ; an Acre of Land. In fome Authors 'tis wrote Diuturna. Similiter concedi duas Diuturnas teUuris. S^obuni, Gloucefierfhire and Oxfordjbire, or the Inhabitants of that Part of Oxfordjhire next Gloucefierfhire.

(iiOcfcef, Is a Brief in Writing, Anno 1 3 P. was anciently ufed for & M. cap. 6. Wefl. writeth it Dogget, by whom 6. Ed. z. in Dorfo. M. 24. and it feemeth to be fome fmall Piece of Paper or Stat, de Efuetoribus 29 Ed. 1. Parchment, containing the Effeft of a ^tuifti fignifies a Devife of Goods by a laft larger Writing. Symbol, part. 2. Tit. Fines, Gervaf. Do fell. 106. Will, and fometimes a Will it felf. 2To DO 5Lau\ Facere Legem, Is the fame rob. writing of the Will of Henry II. Anno 1182. tells us, Notum facio quod apud Waltham feci divi- with to make Law. 23 Hen. 6. cap. 14. See fam meam de quadem partepecuni* mea in hur.c mo- Make. 0(t02 ano jSttioenf, Is a Book containing dum, &c. Sometimes 'tis taken for a Charity given by a laft Will ; as in Eadmerus, lib. 1. p. 8. certain Dialogues between a DoBor of Divinity, Huic quadem vke folidi quinque de illis {nam 'Divifat and a Student at the Common Law, wherein are per temborum vices conferebantur) ex pracepto ejus dati contained Queftions and Cafes, as well of the Sometimes it fignifies a Parcel or Equity and Confcicncc ufed in the Common Law, funt, &c. Portion of Land devifed by a laft Will, or fet a- as alfo a Comparifon of the Civil, Canon, and

Stipend. IDiutoenoa, The Indenture. Clans.

Word

&

part, Divifis Limitibus. Leg. Inx, cap. 44. Ceorli habeant herbarium in Communi, vel aliam compafcualem terram vel Divifam claudendam. Sometimes
'tis

Common Law
ing.

The Author

together, very worthy the Readis faid to be one Saint German,

and the Book Was written in the taken for the Bounds of a Place or Farm, as the Eighth.
j

Time of

Henry

in Leg.

H.

I. e. $7.

Si inter compares vicinos utrin-

IDog;

Tog*OaP0

arc Sixty-four in

all,

tertio

Idus

lefTcr

Julii nfjtie in Idus Septembris.

*T>oi(>imiU'', Is an apparent Dcprchcnfion of an Offender acaintt Venifon in the Forcft. There be four of thefe mtntioncd by Manwood in his Foreft-Law, cap. lS. num. 9. viz. Stable-fiand, Bogdraw, Back-bear, and Bloody-hand; where he faith, That, Bog-draw*is where any Man hath ftricken or wounded a wild Beaft, by mooting at him cither vvith Crofs-bow, Long-bow, or othcrwlfc, and is found with a Hound, or other Bog drawing after him to receive the fame. Doijijfr, A Kind of a little Ship. Anno 3 1 Ed. 3.11 tlje&ljips calkb Doggers 3. Stat. 3. cap. 1.

Words
efi

Volume, which conclude* with Anno Millefimo Ottogrfimo Sexto ab

defriptio,
eo
totiut

thefe
Iruar-

natione Bomini, vigefimo veto Rtgni Willielmi, facia

ijla

non

folum per lot

defiriptio

tres

Comita-

tus,
ifitia

fed etiam
in

alios.

It is called Liber Judiciarius,

Regni

diligent cor.tinetur,

And fingulorurnque fundorum valentia exprimitur. Bomefday, (as Gerv. Tilbnr. fays,) Non quod in eo di pntpofitis aliquibus dtibiis fcratur fententia, fed quod a prtdi&o Jud'cio non liceat ulla rationi difceIt was begun by five Jufticcs, afligncd for the Purpofc in each County, in the Year 1081, and finifhed 1086. Cambden calls it GulielmiLibrum Cevfualem, the Tax-book of King William. See

dere.

(inn
Fifh.

HauDlJjtjp

IDoggfrtifl;,

brought

&c. ^OOTfrlllfn,
IDOjait.
JDOiffcin,
cap.
1.

more of it in Spelm. Gloff. and 4 Infi.fol. 269. The {Ibidem, cap. 2.) Seems to be Dean and Chapter of Tork have a Rcgifter called in thofc Ships to Blacknefs-Haven, alfo Bomefday ; fo has the Bifhop of Worcefler : And there is an ancient Roll in called
Chejler-Cafile

&c.

(:j HenDocktt.

S.

cap. 4.)

Fifhcrmcn Bomefday- Roll.

that belong to Doggcr-fliips.

Our Anccftors had many Bome-Booh:

told

We

arc

See

by

Ingulphus,

pag. 870.

and

.908. that

King

bafe Coin prohibited

Hence probably we retain when we would undervalue a Man,

worth a Doit or Doitkin. JDoJr (BJa, Sax. Bxl, Pars, portio, Dhidere, Bijhibuere) is a Part or Portion molt King Alfred did to the Time of JEthelnd : For commonly of a Meadow, fo called to this Day ; the Entries are thus made, C. tenet Rex WiUielas Dole-Meadow, (Anno 4 Jac. cap. 1 1.) where fe- mus in dominico 8P valet, Qpc. ibi carucau, &Pc. T.R.E. vcral Pcrfons have Shares. In le Suthmede (/'. e. tvalebat, &V It was worth lb much, tempore .
not
(

by 3 H. 5. Alfred made Talem Rotulum qualem Gulielmus nothat Phrafe thus, which he called Bomefday ; and fomctimes to fay, He is the Win becaufe it was kept there. chejler- Roll, The Bomefday book made by Will. i. referred to from Delan, the Time of Edward the Confcflbr, as that of

prato aufirali) h.xbct Prior per fortem tur Crumdpreft, tres Dolas,

iHam que

voca.

ficut firs

ilia cadit.

Regis Edwardi Rolla Winton.

And

this

Book

is

called

Magna

The thiid Book, which differs from the other Dola, habet 4 Polas, five ocfo andenas Swaths) jacentes fimul. Lib. Priorat. Dunfta- in Form more than in Matter, was made by the ble, cap. 5. We ftill retain the Word to fignify Command of the fame King. The one being large, a Share, as to .deal a Bole he dealt his Bole a- and in Folio, but this lefler, and in Quarto it feems 'Tis fairer mong fo many poor People, that is, he gave to be the more ancient of the two. every one a Share or Part. written, and hath very few Rafurcs. See Monajliwhich the Fi- con, 1 Tom. pag. 272. DulCfifl), Seems to be that Fijb, Ihcrmcn yearly imploy'd in the North- feas, do of Tis probable Ingulphus, though he lived near Cuftom receive for their Allowance. Sec the thofc Days, never law thefe Books ; for he writes Stat. 35 H. 8. cap. 7. of incorporating thefe Rolls, as if at that Time cfvj'bott', A Rccompencc made for a Scar or they had not been made up in two Volumes; Wound, Sax. Bicfion. Inter m Leg. Aluredi Regis; Of both which the Honourable Sir John Trevor, Maftcr of the Rolls, hath a very fine and cxat cap. 23. legiter Dolgbor. JDom and fitom, Words ufed in ancient Char- Copy There is a fourth Book kept in the Exchequer, ters, fignifying a Power of Judging, and SecuSee Boom which is called Bomefday and though a great Vority in Poflcfling. 0'HBOC, A Saxon Word fTgnifying Liber Judi- lume, is only an Abridgment of the other two. cialis as appears by the Laws of King Edward the It hath many Pictures and gilt Letters in the BeElder, cap. S. This was probably a Book of Sta- ginning, which refer to the Time of Edward the tutes proper to the And this led him, who made Notes on Engliflj Saxons, wherein per- Confeflor. haps the Laws of former Saxon Kings were con- Fitzherbert's Regifier, into a Miftake, who, in fol. 14.
Et
in qualibet
(/.
e.
;

that Liber Domefday failus fuit tempore Regis Edwardi. There is a fifth Book kept in the Remembrancer's Dome, or ID' om, (Saxon Bom?) a Judgment, Sentence, Ordinance, or Decree. The Homager's Office, which is the very fame with the Fourth Oath in the Black Book of Hereford, fol. 46. ends beforementioned.
:

That Chapter feeming Laws of King Ina, cap. 29.

tained

to refer to the tells us,

>n iicip me <25oo at \)\& (golp and b]> mv 3Jiouitlir. See Boom. 1Dome9DaV> (Liber Judiciarius, vel Cenfualis Anglu, from the Saxon Bom, i. e. Cenfus vel Mfiimatio, not Domefdei, nor Bomus Bei, as fome Authors write it,) is a rnoft ancient Record, made in William the Conqueror's Time, and now remaining in the Exchequer fair and legible, confiding of two Volumes, a greater and a left the greater comprehending all the Counties of England,
thus, JDonir,
;

'Tis generally known that the Qucftion, whether Lands are ancient Demesne, or not, is to be decided by the Bomefday of Will. 1. from whence there is no Appeal ; nor is there any Averment to be made again ft it : And 'tis a Book of that Authority, that even the Conqueror himfclt fubmittcd fbmc Cafes, wherein he was conccrned, to be decided by it. What is containcd in this Book appears by thefe old
,

Verfes.

except Northumberland, Cumberland, Wefimorland, Burham, and Pare of Lan,ajl>ire, which were never furvcy'd and except EJfex, Suffolk, and Norfolk, which three are comprehended in the
;

Quid deberetur fifo, qui, quanta Tributa, Nomine quid Cenfus, qu<e veBig.ilia, quantwi
Quifque
teileretur feodali

fohere jure,

D O
Qui funt Qui fint
exemptl, vel quos Angaria damnat,

D O
to diftribute

Branches of Palm and other green Commemoration of our Lord's Riding to Jerufalem, and the People cut Palm Boughs, Quove manumiffus patrono jure llgatur. to ftrew in the Way, crying Hofanna. Md. &>c. 3Dame(mcn, Judges, or Men appointed to quod ego Henricus de Erdington feci Homagium Fidelitatem Domino Will, de Stafford apud doom and determine Suits or Quarrels, Bromjbulf Qui infra libertatem feu hundredum de Irchenfeld in Com. Staff, die Mercurii trox. ante Dominicam in com. Hercf. faciunt feSam ad curiam Hundredi, ut Ramis Palmarum, Anno Regni Regis Edw. xxviii. minores lites dirimant, vocantur Domef-men, i. e. pro terris &> tenementis qu* teseo in Villa de Hunfianvel Glebe feral, vel Conditionis,

Boughs

in

&

See Sil. Taylor of f-ot in Com. War, &>c. Judices feu Homines Judiciarii. Gavelkind, p. no. Hence falling of Domes is the JDominifUtt), Demain, or Demefne, Terra doLands not rented to Tenants, but held Scotch Phrafe for reverling of Judgment, or an- minicalis. Hence, Homer judicium, and in Demefne, or in the Lord's own Ufe and Occunulling of Decrees. I Deem or Judge. pation. Antiquum Dominicum Regis, the King's ,g-deme, lOomirtOuB and 3DomfceHa, John of Gaunt, antient Demefne, are fuch Royal Manors as were Duke of Lancafler, had by Katharine Swinford, be-' referved to the Crown, to yield Provifion for the fore Marriage, four Illegitimate Children, viz- King's Houmold, and fo let out in Socage for and Joan ; and becaufc Henry, John, Thomas, at Beaufort in France, they were they were born de Beaufort, &c. John bevulgarly called Henry fore 20 Rich. 2. was Knighted, and Henry became At the Parliament holden 20 Rich. 2. the Pricft. King by his Charter did legitimate thefe Children.

Farms or Viftuals, or in Serjeanty for lome Domeftic Services: but notdifpofed of to Barons or
Knights to be held by any Feudatory or Military Service. See Demain. dominium, Right or Legal Power. difti manerii five Dominii de Pidintona, aut Injilva
infra

Rex,
viris

ChariJJimis confanguineis

nofiris

nobilibus

pracinHum ejufdem, non habent

Domi- dominium aliquo modo in parte vel in toto fe intromitDomi- tere. Paroch. Antiq. p. 498. JDO >riinu0, In antient Times being prefixed cellje, Germanis frxcharifjimi Avunculi noftri,Joh.Ducis Lane, natis ligeis nofiris, falutem, &c. Tefle Rege to a Name, ufually denoted him a Knight, or a apud Weflm. 9. die Febr. per ipfum Regem in Parlia- Clergyman. For fo we find it often in Charters, mento. In this Aft (fays Sir Edward Coke, 4 Inf. with His Teftilus Domino Edwardo de Sanfto MauHenrico Clerico, Thorn* cello ac diletfa nobis nobili mulieri Johanna

aliqui extranet

Johanni Militi,

fol.

the faid Thomas could not be called ra, Willielmo ,&c. Howbeit, I think fomeand therefore had the Addition DomiceUo, times that Title was given to a Gentleman of (ignifies a young Soldier not yet! Quality, tho' not a Knight, efpecially if he were Knighted, or nobly born, &>c. which is a Mi- Lord of a Manor. DmtKi ffirparanua, Is a Writ for one againft For there is no fuch French Word as Domoiftake Nor can DomiceUus properly be his Neighbour, by the Fall of whofe Houle cel, but Demoifel. derived from thence, but is an obfblcte Latin he feareth Hurt to his own. Reg. Orig. fol. 153. Word, anciently given as an Appellation or Ad- In this Cafe the Civilians have the Action de damno dition to the King's (Natural) Sons in France, and infeSto. SDomug CcmberfonjtTi. See Rolls. fometimes to the eldcft Sons of Noblemen there ; IDomUi* IDfi, The Hoipital of St. John in Jewhence, doubtlefs, we borrow the Words. See So called in Mon. Angl. z Part, verbo DomiceUus. Tidemannus permif- rufalem. Spelm. Gloff. fol.
57.)
Efauire, which (fays he)
:

jione

Donorum quorumcunque ad Sed nos indifcrete de pluribus Dominis, noflrum Monaflerium fpeBantium. Cartular. Abbat. aula Barones vocamus Domicellos, Angli vera Glafton. MS. /. 48. nullum nifi natos Regum, &>c. Hoveden, f. 347. IDonaftbr, Is a Benefice merely given and collated by the Patron to a Man, without either n. 50. But Domicelli are only the better Sort of Ser- Prefentation to the Ordinary.or Inftitution by the vants, as appears by Thorn, fol. 1748. DomiceUus Ordinary, or Induction by his Commandment. Abbatis, and Domicelli QP Servientes Monafierii, pag. F.N.B. fol. 3 J. Of this Petr. Gregot. de benefie. n. nu. 1. hath thefe Words, Si tamen capelU cap. 1990. Vitam fundata per Lalcos non fuerint a Dicecefano approbate Sf> JDomigerium, Damage, Danger,
aliorum

Divina Wigorn. Epifcopus dileifo in Chrifio filio 440. Diccc. Domicello, falutem. JDona, Johanni de Fulwode nofir* Dat. 7 Febr. 19 Rich. 2. Here it is ufed ment. to a private Gentleman, as Lord of a Manor. noflrorum

'

Any

&

Sort of Property, Good or EndowPer captionem &> retentione averiorum

fuam

in laboribus

variis ducens

no mendicando.

Hift.

Elicn.

cum Domigerio mag- {ut loquuntur) Spiritualizata, non cenfentur Beneficia, apud Whartoni Angl. nee ab Epifcopo conferri poffunt, fed funt fub pia difpoh<ec

Sac. P. x. p. 652. Credebant Londinenfes quod per dona Domigerium evajijfent. Walfingh. 1392.

King might .of molumentum Regi accrevit &P Domigerium ad popu- ancient Times found a Free Chapel, and exempt Anno 1352. In another Place it from the Jurifdiftion of the Diocefan ; fo he lum. Knighton, 'tis taken for Power over another ; Sub domige. might alfo by his Letters Patent licenfe a comrio alicujus vel manu effe. Braft. lib. 4. tract. I. mon Perfon to found fuch a Chapel, and to or2. dain, that it fhall be Donative, and not prefentcap. 19. par. SDnmuia, A Title given properly to thofe able, and that the Chaplain fhall be deprivable honourable Women, who in their own Right by the Founder and his Heirs, and not by the So Maud the Bifhop; and this is mod likely to be the Original of Inheritance held a Barony. de Fitzherbert faith, Oilly fen, who inherited of thefe Donatives in England. Daughter of Robertus the. Honour of Walingford, was therefore ftiled That there be fome Chanireys which a Man may Matildis Domina de Walingford. Paroch. Antiq. p. give by Letters Patent. Nat.Brev. 33. 42. All Bi78. fhopricks were in antient Time Donative by the omintca fn -Kami* Jpaftnanmi, Is Palm- King. Co. lib. 3. fol. 7 J. Sunday, fo called, becaufe on that Day they ufed 3Donoj

E-

fitione fundatoris. his Reading, faith,

And Mr.
That

Givin in the Preface of

as the

Clerk prefented, or the like The Effeft where of is, that the faid Archbifhop taking Knowledge of fuch Delay, directcth his Letters under his authentick Seal, to all and Angular Clerks of his Province, thereby commanding and authorifing them, and every of them, to admonifh ubi compofitionis gratia videtur the faid Ordinary, within a certain Number of tter) exeunt in Dom, J denotat vel Officium, Days, namely, nine Days, to do the appojitum, & auandouue munus Juftice reitem Ditioncm Sf Dominium, ut in Kingdom, quired, or otherwife to cite him to appear before Habeat Girthbriche c* Forfial, him or his Official at a Day, in the laid Letters Earldom, &Pc. Wreche in Mari. Mon. Angl. prefixed, and there to alledge the Caufc of his 6" Dom, e> Som, Sec Oath. i. Delay. And laftly, to intimate to the Ordinary, par. fol. 284. a. Sec Durnovaria. that if he neither perform the 2?0Cl)f tier. Thing enjoined, nor appear at the Day afligned, he himfelf will DcyObfinia. Canterbury. unfair , A Cloth or Curtain, hanging in the without further Delay proceed to perform the Choire, fo called becaufe Sedenti ad dorfum appen- Juftice required And this feemcth to be termed ditur. a double Quarrel, becaufe it is moft commonly made againft bpth the Judge, and him at whofe
:

Ono; and lEonff, Donor, Is he who gives Lands or Tenements to another, and he to whom the fame is given is the Donee. oom or IDonif, Saxon Dom, A Judgment, Sentence, Ordinance or Decree; alfo Scnfe or Mr. SomSignification. Subjlantiva qucdam (fays

&

Trefijue

dedit cappas, dorfalia plura, tapetas.

Petition Juftice

is

delayed.
6.

JDOjfilC

See

dor/ale.

JD0H'.'U\f, {Anno 14 H. much as Letters Patent,

cap.

6.) Signify as

Anno 2 J H. 8. cap. II. is made of the Latin Diploma. the common Room, Place or Chamber, where See Dubrls. 3Dot)er. all the Friars of one Convent flept and lay all OUje U>fTr0, Were twelve Peers in Henry the Third's Time, who were appointed at the InNight. offll^, Strcight Cloaths made in Devonpire, ftance of the Barons, to be as Privy Counfellors and fo called in Rot. Par. 2 Hen. J. to the King, or rather Conservators of the Kingdom. IDoffulP, JDo;Oilf, Hangings, Tapeftry. Hovenden fub ei duo dorfalia from the Latin, Do. Dederat 3Dot, To'give, bonefia. Rog. Dofliile five tapejium Mat. Par. ann 954. Otoager, (Dotitfa) A Widow endowed, or that in vit. Abb. S. Albani. hath a Jointure a Title or Addition, applied to Ott aiflionaaoa, Is a Writ that lay for a the Widows of Princes, Dukes, Earls, and PerWidow, where it was found by Office, That the fbns of Honour only. OtoCate*, The fame with Dovecotes. King's Tenant was feifed of Tenements in Fee or Fee-tail, at the Day of his Death ; and that he IDOujer, (Dos and Dotarium) The firft (Dos) proheld of the King in Chief, &V. In which Cafe, perly fignifics that which the Wife brings her the Widow came into the Chancery, and there Husband in Marriage, otherwife called Maritamade Oath, That fhe would not marry without gium, Marriage-Goods The other, Dotarium or the King's Leave. Anno 1 5 Edw. 3. cap 4. And Doarium) that Portion of Lands or Tenements hereupon fhe had this Writ to the Efchcator, for which flic hath for Term of her Life from her which, fee Reg. of Writs, fo!. 297. and F. N. B. f. Husband, if fhe out-live him. Glanvile, lib. 7. 263. Thefe Widows arc called the King's Widows. cap. 1. Bratlon, lib. 2. cap. 28. Briton, cap. 1 01. in See Widow. Princip. Some Authors have for Diftinttion, called IDote unPC nihil hafoet, Is a Writ of Dower, the Firft a Dowry, and the others a Dower, but that licth for the Widow againft the Tenant, they are often confounded. Of the former our which bought Land of her Husband in his Life- Law-Books fpeak little, this only may be noted ; time, whereof he was feifed fblely in Fee-Ample That whereas by the Civil Law, Inftruments are or Fee-tail, in fuch Sort as the IfTue of them both made before Marriage, which contain the Quanmight have inherited it. F. N.B. fol. 147. Regifi. tity of the Wife's Dowry, or Subftancc brought to her Husband, that he, having the Ufe of it dufol 170. See Admeafurement, ring Marriage, may, after certain otl nBtmnfuratiOnf. Deductions, and the Reg. Orig. fol. 171. reftore it again to the Wife's Heirs or Friends, IDouble pifi', {Duplex Placitum)h that wherein after the Marriage diflblved. The Common the Defendant alledgeth for himfelf two feveral Law of England, whatfoever Chattels, Moveable Matters in Bar of the Plaintiff's Afiion, where- or Immoveable, or ready Money fhe brings, of cither is fufficient to efteft his Defire, which makes them forthwith her Husband's own, to be fhall not be admitted for a Plea. As, if a Man difpofed of as he will, leaving her at his Curtcalledge feveral Matters, the one nothing depend- fy, to beftow any Thing or Nothing upon her ing upon the other, the Plea is accounted Double, at his Death Only if fhe be an Inheritrix, the and not admittable ; but, if they be mutually de- Husband holds her Land but during her Life, pending each of other, then it is accounted fingle. except he have IfTue by her and then he holds it Sec Brook, hoc tit. And Sir by the Curtefy Kitihin, fol 223. of England, during his own Life. Tlo. Smith gives this Reafon why fuch Double Flea Sec Curtefy. Of the later, there are five Kinds, not admitted by our Law becaufe the Trial viz. is is by twelve rude Men, whofe Heads are not to be troubled with over many Things at once. Lib. 2. 1. Dower per Legem Commune m.
TDOfttUTt, Dormitorium,
;
:
,

being a French

Word

de Rep.

Angl

cap. 13.

2.

Trouble sUuarrrl, Duplex Querela, Is a Complaint made by any Clerk, or other, to the Archbifhop of the Province againft an inferior Ordinary, for delaying of Juftice in fome Caufe Ecclefiaftical, as to give Sentence, to inftitute a

3.

4.
5.

Dower per Confuetudinem. Dower ex Ajfenfu Patris. Dower ad Oftium Eccleji*. Dower de la plus Belle.
2

Dower

D O
Dower by the Common Law is a third Part of fuch Lands, as the Husband was folc fcifed of in Fee, which the Wife is to enjoy during the Marriage, her Life ; for which there lies a Writ of during Dower. Dower by Cuftom gives the Wife, in fome Places, half her Husband's Lands, fo long as fhe
lives fole, as in Gavelkind: And as Cuflom may rcftrain enlarge, fo may it abridge Dower, and E* Affenfu Patris, ad Opium it to a fourth Part : the Wife may have ib much Dower, as Ecclefit,, fhall be fo afligncd or agreed upon, but it ought not to exceed a third Part of the Husband's Lands. Glanv. lib. 6. cap. i. And if it be done before Marriage, it is called a Jointure. Dower de la plus Belle is when the Wife is endowed of or beft Part of her Husband's Eftate. the
fairefi

D R
juxta

Cum Triginta a iris frati U:acra, A Drain. diBum novum locum ex parte Occident all Jr. Dracca juxta foffatum de Redeclos jacentibus.
Hift.

Contin.
printed Drana.
litary

Dracca,

Croyland. p. 479. The Word but I think it a Miftake for

1

JD^arO iBrg&, The Standard, Enfign, or MiColours bore in War by our former Kings, having the Figure of a Dragon upon them Cum. Rex Angliae fixiffet Jignum fuum in medio, tradidijfet Draconem fuum Petro de Portellis ad par-

&

tandum
-

Rog. Hoved. fab anno 1191.

Sec

Watte

Gloflary.

?aghnn,

de xvii. quarteriis tribus buffellis See Coke on Littl. fol. 33. b. Rcmanis non in ufu juit Dragii fupra triturabit bujfelhs ordei vel uxoribus Dotes retribuere, idco verba genuino carent mixtis dragci Confuetud. Domus de Farendon MS. rem ipfam in Germanorum avene quo hoc dignofcitur ; &> moribus miratur Tacitus, Dotem (intuit) non uxor /. 11. In Staffordjbire they now ufe a Sort of Malt made of Oats mixed with Barley, which they marito, fed uxori maritus affert. Spelm. To the Confummation of Dower three Things call Dreg Malt. And in Ejjex, Qv. they have a are neceffary, viz. Marriage, Seifln, and the Grain called Dreg, of which Tho. Tujfer in his

&

Corn. rns avena de

courfer Sort of BreadDrag, Item reddit computum de ductus quartetoto

exitu grang'u trituratis per

&

&

fummam,

Cambden, (in his Brit. Tit. Sujfex) relates this or Timber fo joined together, that fwimming or memorable Cafe, (out of the Pari. Records. 30 floating upon the Water, they may bear a BurEdw. 1.) Sir John Camois, Son of the Lord Ralph den, or Load of other Wares down a River. Jt^ana, A Drain, or Water-courfe to few and Camois, of his own free Will, gave and demifed his own Wife, Margaret, Daughter and Heir of empty wet Places. Concejftmus humum illam qu* John de Gatefden, unto Sir Will. Panel!, Knight ; efl juxta dranam quam Walterus Idius Amfridi and unto the fame William, gave, granted, re- tenuit. Cartular. Abbat. Glafton. MS. f. 29. leafed and quit-claimed all her Goods and Chat- Mud pratum in Thifllemor quod efl intra vetus fojfanor any tum &> minus de GodefhaJl, inter Dranam, 3= tels, &c. So that neither he himfelf, Man elfe in his Name, might make Claim, or riperiam de Avene cum tota crifta dicli foffati. Cartuever challenge any Intcreft in the faid Margaret, lar. Abbat Radingcs. MS. t. 10. a. or in her Goods and Chattels, &>c. By which 5D*afclu3, Grains, or the Refufe of Malt after Grant, when fhe demanded her Dower in the Brewing, called ftill in fome Places Draines, and Et prebendam quotidianam ad duos Manor of Torpell, Part of the Pofleflions of Sir Draff. John Camois, her firit Husband, then deceafed, equos da granario noflro fumendam, unum cribrum e. a there grew a memorable Suit in Law, but where- furfuris, &P majorem cuvam de Drafco, great Mat. Par. in Vit. Abb. S. Alin fhe was overthrown, and Judgment pronoun- Basket of Graius. ced (in Parliament 30 Edw. 1.) That fhe ought to bani.

Husbands Death. Bingham's Cafe, 2 Rep. If the Husbandry, p. 32. Wife be paft the Age of nine Years at the Death Sow Barley and Dreg with a plentiful Hand, of her Husband, {he fhall be endowed. If a Woman elope, or go away from her Husband Left Weed fled of Seed overgroweth thy Land, with an Adulterer, and will not be reconciled, Thy Dreg and thy Barley go Threjli out to Malt. fhe lofeth her Dower, by the Stat: of Weji. 2. 2 Part. JDjngtf, Anno 6H- 6. cap. 5. Seem to be Wood cap. 34. Infl. fol. 433.

&

/'.

have no

Dower from thence, upon

a marito fua

the Stat, of Wefl.z.

1D2aui;(2fre,

Any Harnefs
for

or other Furniture

drawing a Waggon or other Pro faBura de Draw-Gere per Walterum Carpenter de Langton Illd. Paroch. Analfo in 2 Infi. fol. 435. Of Dower, read Eleta, who writes largely and tiq. p. 549. See Mr. Kennets Glojfary. 3Dj}auHat(}e, Anno 5 E. 3. cap. 14. and Anno learnedly of it, Lib. 5, cap. 2. feq* Among the Jews, the Bridegroom, at the 7 R. 2. cap. 5. Lambard in his Eirenarcha, lib. i.e. Time or the Marriage, ga,ve his Wife a Dowry- 6. calleth them M'uhing Thieves, as Wallers and Bill, the Form whereof you may fee in Mofes and Roberds Men, Mighty. Thieves, faying, That the Words be grown out of ufe. Aaron, pag. 335. from the Brit. 5D0UilE and IDeal, A Divifion TDWt-'fozett, Signifies a double Right, that is, Dal, dhijic, from the Sax. D&lan, i. e. dividere, Jus Pojfeffionis 27. jus Dominii. BraS. lib. 4. and from thence comes the Word Dealing. So gp lib. 4. trail. 4. cap. 4 6 5. trail. 5. cap. 5. Co. on the Stones which are laid to the Boundaries of Lit. fol. 266. Lands, are called Dowleflones, i- e. fuch which 3D;endieO, Is an obfolcte Word, and fignifies tc. divide the Lands. overcome, from the German Tringen, co-

Quia recefftt terio cum prxdi&o

in vita fna, &> vixit in Adul- ,of Cart-Horfes Gulielmo, ftV. This Cafe is- cited Carriage.

&

&

<:.:/>.

I Ofriftmf 0, A
in

Sort of Kerfeys

made

in Devongere.

shire,

Length twelve Yards.

In the Statute for View of made 18 E. 2. one of the Articles for Frankpledge Stewards in their Leets to enquire of, is, If all the Dozeins be in the Affifc of our Lord the King, and which not, and who receive them. Art. 3. Sec Deciners. There is alfo a Sort of Devonpire 6 E- 6. cap. 6. Kerfeys called Dozens, 5
ID03PI11, Decenna,

2f ngeB (Drengi) were Tenentes in an ancient MS. Domefday Tir. Leftrefc. Roger. Piftaviens. Neuton. Hujus Manerii aliam terram \ 5 homines, quos Drenches vxahant, pro 1 5 Maneriis tenebant. They were ((ays Spelman) e ge3D;enclie0 or
Capite, fays

&

nere vaffaliorum non ignobilium, cum flnguli qui in Domefd. nominar.tur, flngula poffiderent Maneria. Such as at the Coming in of the Conqueror, being put

out

D R
out of their Eftates, were afterward upon Complaint unto him rcftored thereunto ; for that they being before Owners thereof, were neither in Of which Number auxilio or ft hi in confilio again Were Edwyne a Dane, Sharneburne of Norfolk, and
:

others.

Sir
l
;

Edward

Drench arc

Coke, on Littl. fol. 5. b. fays, rcc- tenants of a Manor : Miiprintcd

Jus Jus Jkt Jus Jus Jus

rituperandi. intrandi.

habendi.
retinendi.

percipiendi.
pojjidendi.

doubtlcfs for Drenches, and not well interpreted. Sec Baron. Angiia, fol. 118. a. In Cukcncy manebat qui dam homo, qui vocabatur Gamilbcrc, ft* fit it verus Dreynghe ante tenuit dual CaruCon</tteJlurn,
catas terrtc de Domino Rege in Capite, pro tali fervicio, de jerrando Palifridum Dom. Regit, fuper quatuor pedes de cluario Dom. Retris ad Maneiium quotiefcunque 1 indaudet Palefri'fuum de Mansfcld jVfcwm't, ft dum Domini Regis, dabit ei Palefridum quatuor Mer-

All thefe fevcral Sorts of Rights, following the Relations of their Obje&s, are the Effects of the Civil Law. Vide Coke on Littl. fol. %66. cjr 345. b.

Of meer
i>e

Droit,

and very Right, Anne a 7

Sec Recfo de Advocation*

H.

8.

cap. 26.

TDlOlt
Eeclefia.

&

fllDbOtoJCn.

carum.
tone

Mon. Angl. T. R. E. (/. e.

2 in

Tom. fol. 598. a. In Newthe Time of King Edward)

fex
Drenghs.

See Re&o claufo. . Sec RiH* dotis. See Refto patens and 3D20it;pteilt
JDttlttflofe.

JD^Olt be JDotofi
Rep.
fol. 1 J 2.

Caltbrop't

fuerunt

quinque bid*, mtdo funt ibi JDomefday, Tit. Derby. Gale, 773.
1D,JCngafiC,

jolt lur ttfclaimer.

3D2U,
JD^uff,
3D,;ufrrn,

See R*Bo fur

diflaimer.

(Drengagium, velftrwium Drengarii,)\ The Tenure by which the Drenches held their Lands, of which fee Trin. a I Ed. 3. Ebor. and Northumb. Rot. 101. Notandum efi,eoi omnes eorumve
ai:tccrff<jres,

^All.accordingtotheBookofXfewe/^*, ("dignify aThicketofWood in a Valley.

JDjomonwr, 0;omoF, E;omunD, At firft Drengagium tenuere, fua incoluijfe patrimonia ante ad- thefe Words (ignificd high Ships, but afterwards thofe which wc now call Men of War, and in iientum Normannorum. Spelm. ilVieG&L'rtytngr, {Anno 3 Hen. 7. cap. J. cambium this Senfe 'tis ufed in Walfingham, Anno 1191, in Jiccum) fcems to be a cleanly Term, invented for Knighton Lib. 3. cap. 14, &V. Tres tnajorts Naves the Difguifing foul Ufagc in which fomethin^ fnbfequuntur quas vulgo Dromoncs appellant : Galea is ad aualibet aptanda agiliores pracedunt. pretended to pafs on both Sides, whereas in vero kviores, Truth nothing pafleth but on the one Side, in Gaufrid. VinefaufT Ric. Regis Iter Hierofol. c. 60, which Refpcct it well may be called Dry. Of this Quum pro/pert verfus Achon vellficaret, 8 Idus
qui
e

Drengot'um

clajfe grant, vel per

&

Junii,

Lud. Lopes, trait, de ContraB. C> Negotiat. li. 2. cap. apparuit ei navis quadam permaxima, quam Dromunl.SeB. Deinde poftquam, writes thus, Cambium eft dam appellant, m'iffa a Saladino. Matt. PariC fub reale vel ftccum ; Cambium reale dhitur, quod confi- anno 1101. A Drove, a Drift- way, or Common veri Cambii realem habet, &P Cambium per S>20bfl, ftentiam Cambium atttem ftc- Road for driving Cattle. Walterus Cantuar, trans, &f Cambium minutum. cum eft Cambium non habens exiftentiam Cambii, fed Archiepifcopus concefftt ad vitam Magiftro MichatH it apparentiam ad inftar arboris exftccata, qua humore Beriham pafiuras de la Ride fip Haute juxta Btri/itali

jam

carens, apparentiam

arboris habet, son exi-

ftentiam.

cham, cum omnibus fuis juribus &P pertinentiis, drovis, Dat. 10. Kal. Sept. viis, femitis &P foffatis.

See Rent. IDifff Of flip SfoieQ, (Agitatio animalium in Feis an exaft View or Examination what Catrefta) tle are in the Foreft, that it may be known whether it be over charged or not, and whofe the Bcafts arc ; and, whether they are commonable Bcafts, Qpc. When, how often in the Year, by whom, and in what Manner this Drift is to be made, lee Man-wood, Part 1. cap. 1 5. and 4

Djie Kfnf, Rent-feck.

Ex

Regiftr. Eccleft* Chrifti Cantuar.

MS.

1310.

*t>;ugflem,
Drugfter's
in

Shop

JDiogm*, A Place of Drugs, a Quoddam Meffuagium fitum

inter

vho Northlode

mi de

Scbeftesbury CapeUani

tenementum quod fnit Wilhel&P tenementum pr.xime

&>c.

Druggeriam, quod quidem tenementum,

tular. Abbat. Glafton.

Char-

MS.

f.

nj.

a.

JDtianuitl, li-osntitn,

or Jointure of a Wife fettled on her in Marriage, to be enjoyed afrcr her Husband's Deccafe. The fol. SjOp. H^inhlr (Sax. Drinc-lcan) in fome Records Word Dowrie, is by Fr. Junius, rightly referred written Potura Drinkledn) is a Contribution of to the old English, to Dowe, i. e. to give, as ChauTenants towards a Potation, or an Ale provi- cer, To whom Jcr evermore my Heart I dome- Sec Mr. ded to entertain the Lord or his Steward; a Kennet s Gloffary.
Inft.

JDOwium, The Dowry

Scot-ale.
.Clfrentlfjer,

JDlltyig.

Dover.
Is

'

Drofdenncs arbores de crefientla xl. annorum i3 infra. ? Kane. Pafeh. 44 Edw. 3. qutre. Drofdenu. Druf and Drotten, among our Saxons, (ignificd a Grove, or woody Place, where Cattle were kept ; and, the Keeper of them was Called Drofman. Domef-

Quod Dominus

debet habere

Court would view. Sec the Nky Book cf Entries, Duces tecum. There is alfo another Kind of Duces tecum direfted to a Sheriff, upon Return that he cannot bring his Prifoncr without Danger day. ZOfliWtt, or X)2t>ff4ni>, (from the Sax. Dryfene, of Death, he being adeo Lar.guiJus ; then the i. e. Driven) was anciently a Quit-rent, or yearly Court grants a Habeas Corpus in the Nature of a Payment made by fome Tenants to the King or Duces tecum licet languidus. their Landlords, for driving their Cattle through Ufl, (Dutllum) according to F7e/<i, Eft ftnguthe Manor to rairs or Markets. Mr. Philips, Mi- laris fu<>na inter duos ad probanda m veritatem litis,
verho

Writ commanding one to Chancery, and to bring with him fome Evidence, or other Thing that the

TDM0

appear

fetuni, at a

Day

in the

&

jiaken Recontpence, fol. 30. IDjOif, (Fr. Droiii) In

Law

qui victrit, probajfe intelligitur,

fiV.

Stat, de Fwibui

there are

fix

Kinds

of

it, viz..

The Trial by D*e/, Combat levatis, 27 Edw. 1. or Campfight, in doubtful Cafes, is now difufed,
though

on which it was grounded be (till raid. Cambr. apud Whartoni Angl. Sacr. P. 2. p. See 3 Part Inft. fol. 221. and foe Com- 595A little Caftle ; In ilia villa Rex habet libertatem habere Duellum, Johannes bat. Per unjon, Stanley Arm. clamat, quod ft aiiplis placitaverit ali- Cafiellum quoddam, fupra Cajlellum autent umtm dunquem de libero tenemento in Curia fua de Aldford per geonem. Du Cange. termiPateat k/teve Domini Comitis de reifo patent, tenere 3DunnarUWl, quod ego Johannes nate prtdicliim placitum per duellum, prcut jut ejl de Mohun miles dedi Abbati &P Canonicis de Nutle paDat. per Communem legem. Plac. in Itin. apud Ceftriam Jluram in omnibus brueris feu Dunnariis tneis. 14 Hen. 7. 29 Ed. 3. Penes Decan. Capit. Eccl. Cath. Sciatit me Chrifti Oxon. It feems to Stepbanus de Nerbona omnibus fignify a Down, a dediffe WiUielmo filio Radulphi de Ftlungele pro homa- Hill, or Heathy Ground. 3Dunfetf0, Thofe who dwell on Hills or Moungio &> femitio fuo, &> propter Duellum quod fecit Sine Dat. MS. tains, from the Sax. Dun, a Hill, and Sax. Duas virgatas terra. pro me, Data, an Inhabitant. penes Will. Dugdale, Mil. unliable. See Magioninium. ffiufef, Dux, In antient Times among the Roimum G1IU8, The Creek at Dunsby near Whitby mans Minified DuBorem exercitui, fuch as lead their Armies, who if by their Prowefs they ob- in TCorkftnre. A Down, In which Termination {^ tained any famous Vifiory, they were by their 3Dunum Soldiers faluted Imperatores, as Hotoman de verb. little, in fome, varied into Don) and Feudal, verb. Dux, proveth out of Livy, TuUy, many Names of our Towns end, as una, and others Since that they were called Duces, to AJhdown, Cleydon, &c. Domefd. whom the King committed the Government of unoena, A Jury of twelve Men. Robertus apud S. Albanum convocari any Province, Id. In fome Nations to this Day Trejilian Jufticiarius the Soveraigns of the Country are called by this fecit duodena m quant pridie averraverat ad indiBanName, as Florence, or the great Duke of Tufcany, dum Sf prodendum MalefaBores. Tho Walfingham, Duke of Milan. In England, Duke is the next fc- p. 276. cular Dignity to the Prince of Wales. And fas UODPna manti. See Friburgh, and Oath. Cambden fays) Heretofore in the Saxons Times they uplicaf Is ufed by Crompton, for a fecond were called Dukes without any Addition, being Letters Patent, granted by the Lord Chancellor mere Officers and Leaders of Armies. After the in a Cafe wherein he had formerly done the Coming in of the Conqueror, there were none fame, and was therefore thought void. Cromp. Jubore this Title till Ed-ward the Third's Days, rifdid.foL 215- Alfo a fecond Letter written and who made Edward his Son Duke of Cornwall. fent to the fame Party and Purpofe as a former, Since that there have been feveral made, whofe for Fear of Mifcarriage of the Firft, or for oTitles have defcended by Inheritance to their ther Reafon, is called a Duplieat. Alfo any Copy Pofterity; they were created with Solemnity per or Tranfcript of a Writing is called a Duplieat. cinBuram gladii, cappeq; circuli aurei in Capite The Word is ufed 14 Car. 2. cap. 10. See Cambd. Brit. pag. 166. Zaziumde UplOOesr. See Gambezon. impofitionem. tinlum, A Sort of Bread fo called, made for feudis, pag. 4. num. 7. Caffan. de confuet. Burgund. pag. 6. 10. And Feme's Glory of Generojity, 1 39. the Monks. At this Day we have many of thefe created ivurDen, A Thicket of Wood in a Valley. Dukes in England, whofe Titles are very well UTft> (Duritid) is, where one is kept in Priknown to every Body. fon or reftrained of his Liberty, contrary to the a Ground full mnefiuin, (Latin Dumetum) Order of Law, or threatned to be kill'd, maim'd of Bufhes and Brambles. I have feen a Deed, or beaten And if fuch Perfon fo in Prifon, or granting ( inter alia ) quoddam Dumetium in in Fear of fuch Threats, make any Specialty or Dale. Reafon of fuch Imprisonment or Uiri futt infn aefafftn, Is a Writ which lies Obligation by fuch Deed is void in Law And in an for him, that before he came to his full Age, Threats, Action brought upon fuch Specialty, the made a Feoffment of his Land in Fee, or for Party Term of Life, or in Tail, to recover them a- may plead, That it was made by Dureffe ; and the Action. Broke, in his fo avoid Abridgment gain from him, to whom he conveyed them. joincth Durefs and Manaffe together, i. e. duritiam F. N. B. fol. 192. c> minas ; Hardfhip and Threatnings. non frit rornnotf menri?, Is a Writ that UrnOtjariUlH, Dorchefier. lieth againft the Alienee or LefTee, for him that urOu^Ofca:, Rochejler. not being of found Memory, did alien any UrOleilUtn, Lenham in Kent. Lands or Tenements in Fee-fimple, Feeurolitutn, Oldford upon Lee, in EJfex. for Term of Life, or for Years. F.N.B. tail,

though the
in Force.

Law

&

&

&vm

fol.

urotrtgCH, Dorfetfhire. urfff y, Blows without Wounding or Blood ; JDun, title, A Mountain or open Place vulgo Dry-blows, from the Germ. Dune, Jiccus, Therefore the Names of Towns which end in Dun, and Sax. Siege, iBus. were either built on Hills, or near Hills in open UffP'fOot, or Dujly-Fatt, A Foreigner, TraPlaces. der, Pedlar, or travelling Merchant, who has Mia, A BanKof Earth caft up, the Side of a no fettled Habitation. So called becaufe their Faciei feffatum adeo forte &P bonum Ditch prout Feet in travelling are covefed with Dufi. Siquis voluit, ita quod fundum a retro Dunae utriufq; foffati
202.
:

Jit

Mercator tranfiens per regnum, non habens manfionem infra Vicecomitatum, fed va75gans qui vocatur Pie poudreux, hoc eft Anglice DuftySort of bafe Coin lefs than a Far- foot, &c Hence the Court of UniO Piepowder ere&ed Nee denarios invenerunt prater for Relief of fuch thing, a Double. See Piepowder. Foreigners. 0B0 Duniones qui Jlerlingos duos non valebant. Giin

fundo 14 pedum. Cartular. Glafton.

MS.

extraneus
terrain,

f.

vel

UtCfuJ.

STDlltcIjP Court Is * Court wherein a 11 Matters 8* Abbatem iUius ordmis fecerat nominari, p pro tali appertaining to the Dutchy or County Pal palatine of Je gtfftt, Qt> quamplurimos tarn Clerico* quam Laicos of the Chan apud Ripon illo ludo noxio & damnofo informant. Lancafter are decided by the Decree cellor of that Court The Original of it wa in Dat. \6 Kal. Nov. 1311 CoUeHan. Matth. HutHenry the Fourth's Days, who, obtaining the Crown ton S. T. P. ex Reg. Grenefetd Archiepif. Ebor. MS. A SDpfcnuin, DlitfiHim, or by Dcpofing Richard the Second, ana having the
j

Dutchy of Lancafter by Defccnt, in Right of his Mother, was fcifed thereof us King, and not as Luke; So that all the Liberties, Franchifcs and of the faid Dut fy, parted from the Jurifdittions King by his Great Seal, ana not by Livery or Attornment as the Poffeftions of Everwik, the Earldom of March, and fuch others did, which had defcended to the King by other Anccftors than tho King*;, bur, at lair, Henry the Fourth, by Authority of Parliament, parted a Charter, whereby the Porteflions, Liberties, &>c. of the laid Dutchy were fevered from the Crown ; yet Henry the Se;

Song. Whence venire cum toto ac plena dytcno, was to fing Harvcft home, Homines de Heayngdon ad curiam Domini annis inter S.
ftngulis

Dittany,

Ditty

& S. Martini venicnt cum toto ac pleno dytcno Jicut hattemt confueverunt. Paroch Antiq.
Michaelis
p. 320.

feftum

venth reduced

it

to

its

former Nature,

as

it

&> ENonout was

-

folum

fe

as e foro,
like.

litera fed eft prepofttio etiam &* per in compofitione ftgniftcans Anglict (out) of Court ; Ejicio, 10 caft out, and the

him ; but when Henry the Fourth had (by Recovery of the Crown) recontinued the Right of the Houfc of Tork, he feared not to appropriate that Dut by to the Crown again ; yet fo, that lie differed the Court and Officers to remain as he found them; in which Manner it came, together with the Crown, to Henry the Seventh, who,
liking

From the Saxon Eale, cervifia, and domus, now called an Alc-Houfe; a Word Court, Meffenger : Befidcs which, there are certain which we often find in the Laws of King Alfred. Afliftants, as one Attorney in the Exchequer, one tfalicapn, In the Saxon Laws of King Etbelred, of the Dutchy in Chancery, four Pcrfons cap. 6. Et ft Eahtayn occidatur, pertineat inAttorney learned in the Law retained of Counfel with the fraclio Pads intra curiam, vel adjacentias ejus, EahKing in the faid Court ; whereof Gwin, (in the tayn perfolvatur plena wera. Mr. Somner interprets Preface to his Readings) fpcaks thus ; It grew out of Eahtayn to be eight Men, or fuch a Number, (lain; the Grant of King Edward the Third, who gave that but I fuppofc the Word is rather meant Heab-Taln, Dutchy to his Son John of Gaunt, and endowed it a High Thane or fuperior Lord, the Penalty on with fuch Royal Rights, as the Co tity Palatine of whofe Murder was augmented in Proportion to Chefter bad. And forafinuch as it was after- his Quality. ward extinft in the Pcrfon of King Henry the (UalOerman or <alDOjmarr, Aldermanus, Among Fourth, by rcafon of the Union of it with the the Saxons was as much as Earl among the Danes, Crown, the fame King, (fufpcHng himfelf to be Cambd. Brit. pag. 107. It is as much as an Elder more rightfully Duke of Lancafter than King of or State/man, called by the Romans Senator, who were rather Counfellors at large, than beftoved England") determined to fave his Right in the Dutchy, whatever fhould befal the Kingdom ; upon any particular Office, as Comites were See and therefore he feparated the Dutchy from the Countee. And that Signification we retain at this Crown, and fettled it fo in the natural Perfons Day almoft in all our Cities and Boroughs, callof himfelf and his Heirs, as if he had been no ing thofe Aldermen that are Aflbciatcs to the King or Politick Body at all ; in which Condi- Chief Officer in the Common Council of the tion it continued during the Reign of Henry the Town. 24 H. 8. cap. 13. Or fometime the Chief and Henry the Sixth, that defcended from Officer himfelf, as in Stamford. Fifth,
dTalMfUff,

in Henry the Fifth's Days. Crom. Jur. foL 136. The Officers belonging to this Court, are, the Chancellor, Attorney, Receiver General, Clerk of the

Hut

aflel)0?rjfl,

The

ling

Ale or Beer.
the

ed by Henry
bury

Privilege of aflifing and felAs among the Liberties grantSecond, to the Abbey of Glafton-

facam,
ne,

habeat quoque eadem Ecclefia focam &= on Stronde and on Streme, on Wode and on

Felde, on Grithbriche, on Burghbrich,

Hundred.

SotePc,

Adda and

Ortelas,

EUehordas, bufa, herden,

Henry the Fourth's Policy, (by Cartular, Abbar. Glafton. Ms. fol. 14. <!f at ir, Sax. Eorle, Lat. Comes and Covful : This whole Right alfo he obtained the Kingdom) made a like Separation of the Dutchy, and fo left was a great Title among the Saxons, and is the moft ancient of any of the Peerage, there, being it to his Poftcruy, who (till enjoy it. IDuitneD, e. confumed; thus we fay, to no other Title of Honour ufed among the prcfent Nobility, which was likewife in TJfe dwindle. among TDVtt Was a learned Lawyer, and Lord Chief the Saxons, except this Titlcof Earl. The Titles Jufticc of the Common Pleas in Queen Eliza- of Honour among the Saxons were originally He writ a Book ftill much efteemed, three, viz. JEtheling, Ealderman, and Defen or beth's Time called his Commentaries or Reports. Dane; the firft comes from the Word JEthel, 3Dj>berf et)P, An Officer that hath the Over- which fignifies Noble, and was ufually applied to the other two fight of the Dykes and Drains in Deeping Fens, Sec. the firft of the Royal Line ; Words were applied to the reft of the Nobility ; mentioned 17 c? 18 Car. 2. cap. 11. *Dpng-rllift, An old Play or Sport, of which only the Thani were afterwards diftinguifhed into the Name, or to define Majores and Minores ; the former were equal to it is now hard to derive the Thing. There is a Letter dire&ed to the our Peers, and the later to our Knights But the Official of the Archdeacon of Richmond, for cen- Title Earl, in Lat. Comes, in ancient Times was furing one William Baker, Chaplain of Riton, given to thole who were Aft'ociatcs to the King upon fcveral Articles exhibited again ft him, of in his Councils and Martial Afiions.* .And the which one runs thus; Item fuit inventor Manner of their Inveftiture into that Dignity htdi a jure reprobati. was, Pi?r cinSuram gladii Com i tat us ; without any rer principalis cujttfdam peftiferi See Dugdale's qui in vulgari dicitur Dynge thrift, qui fe Magiflrum\ formal Charter of Creation.

well

of

&

Warwlk-

Warwhkfioire,

fol.

302.

But the Conqueror

(as

flEbfDin,

Relief.

Cambden notes) gave this Dignity in Fee to his Nobles, annexing it to this or that County or Province ; and allotted them for their Maintenance, a certain Proportion of Money arifing from the Prince's Profits, for the Pleadings and For Example, he Forfeitures of the Provinces brings en ancient .Record in thefe Words ; Henri:

CueremurDlT, Sax. Ebere mord, Apertum murdrum, was one of thofe Crimes which, by Henry the Firft's Laws, cap. 15. emendari non poffunt. Hoc
ex fcelerum

ctis

2.

Rex

Angli<c his verbis

Comitcm

creavit

nulio pretio, (ttiam apud genere fuit, Saxones nofiros,) expiabilium, cum alia limit pecuniis commutare. Spelman. Ex his placitis qusdam emendantur centum folidis, quttdam wera, quxdam wita, Sci- quedam non poffunt emendari qua funt Husbrecb, i. e.

i. e. Setting a Honie on Fire, Bigot Comitem it Norf. Burglary, Bernet, de Norwic. e> Northfolk ; ficut Opentheft, i. e. Robbery, & Eberemurder. Leg. &c. de See Aberemurder. tenet. H. 1. cap. 12. aliquis Comes Angli* liberius Comitatum fuum About the Reign of King John, and ever fince, CbCl^acutn, York. (Ecclefia (Lat.) Is moft ufed for that Place our Kings have made Earls by their Charter, of this or that County, Province or City ; but of late, where Almighty God is ferved, commonly called them no Authority over the County, nor a Church. But Fitzherbert fays, By this Word giving any Part of the Profits arifing by it ; only fome Eclefia is meant only a Parfonage ; and therefore annual Fee out of the Exchequer, &>c. The if a Prefentment be made to a Chapel, as to * Manner of their Creation is by girding them Church, by the Name Ecclefia, this does change with a Sword. Cam. p. 107. but fee the Solemnity the Nature of it, and make it prefently a Church. defcribed more at large in Stow's Annals, p. tin. Nat. Brev. 32. When the Queftion was, Whether Their Place is next to a Marquefs, and before a it were Ecclefia aut Cappelia pertinent ad matricem Vifcount. Comitatus a Comite dicitur, aut vice verfa. E(defiam? The IiTuc was, whether it had BaptiSee more on this Subject in Spelman's Glojf. verbo flerium &> Sepulturam ? For if it had the AdminiComites; and in Selden's Titles of Honour, fol. 6]6. stration of the Sacraments and Sepulture, it was in Law judged a Church. Trin. 20 Edw. 1. in and fee Countee, Conful and Eorle.

*tis

nos

feciffe tertic denario

Hugonem

<arl0.

See

Aries.

Banco,

Rot. 177.

fall.

fol.

363.

Ecclefia

is

alfo

from the French Aife, fometimes taken for the Image or Sculpture of a i. c. Commoditas) Is a Service or Convenience Church, which was often cut out or eaft in Plate which one Neighbour has of another by Charter or other Metal, and preferred as a religious or Prefcription, without Profit ; as a Way thro' Treafure or Rclick. As in the Vifitation of the his Ground, a Sink, or fuch like. Kitchin, fol. Trcafury of the Church of St. Paul, anno 1295.
OTafenieilt (Aifiamentum,

'Duo turribala argentea, exterius totaliter deau105. which, in the Civil Law, is called Servitus cum opere gravato levato, cum Ecclcfiis Pr&ipias R. quod jufie &P fine dilatione rata, in turribus & fexdecim campanellis argtnteis habere. H. Aifiamenta fua in Bofco appenfis, permittat catenis albis argenteis, ponderis I 1 . marc. 20. den. &c. pallura de villa, &>c. Breve Regium vetus apud
prtdii.

&

&

& &

Mon. Angl. torn. 3. p. 309. 14. ffitrleftaftttal perfons, Are either Regular or the Saxon Eafler; which was a Goddefs the Saxons worfhipped in the Month of Secular ; Regular, are fuch as lead a Monaftick Life, under certain Rules, and have vowed April; and fo called, becaufe fliewas the Goddefs of the Eaft. Obedience, perpetual Chaftity, and wilful PoAn Eafterling, Sax. EaftTyne, verty : When a Man is profciTcd in any of the <aflintlisr, Orders of Religion, he is faid to be a Man of Eafterly Coaft or Country. In the Laws of King a Regular or Religious ; of this Sort Si fit Eftintus, fi fit Religion, Edward the Elder are Abbots, Priors, Monks, Friars, &>c. Secular, emendet ficut fcriptura pads continet Northtintus, are thofe whole ordinary Converfation is among where I am apt to think. Eajlintta was rather meant Eafiinus, and Nortintus, Ncrdtinus, i. e. thofe of the World, and profels to take upon he lived on the Eaft Side of the River them the Cure of Souls, and live not under
Glanvil.
lib. 12.
c.

Chaffer.,

From

whether Tine, or on the North. dEbba, Ebb, or low Tide.

in

Rule of Religious Orders: Such are

any

Biffiops,

Parifh-Priefts, &>c. Si extra regnum <EDen=IBiber. See Eluna. Dilationem habebit 40 peregrinathne fueril, Per, Hedge. Eder-breche, The Trefpafs duorurh fioddorum Qp unius ebbac, quia dierum, of Hedge breaking. Sax. Eador-bryce, which ocde ultra mare, &Pc. Bra&on. lib. 4. tract. 1. cap. 5. curs in the Laws of King Alfred, cap. 45. In quibus effoniis dabitur dilatio ad minus 40 dierum <0f flia, Sciant quod ego Adam de Movant comlb. lib. 5. tract. 2. unius find. unius ebbae. mifi Domino Johanni de Barker pro fervitio fuo totam cap. 2. terram cum edeftiis, &> cum omnibus pertin. fuis. An Officer in Cathedral Ex Regifter. Priorat. de biiomauariu0, Wormley. Perhaps to fupervife the from Churches, appointed weekly Blount imagines Ayfiamenta, Eafcments. regular Performance of divine Service and other that this Word comes from JEdes, and is ufed for Duties, and to prefcribe the particular Office of Buildings. each Perion attending in the Choir, what Part (JgDta, Qualiter quoque onera tncumbenhe is to bear for that Week in reading, Zinging, tia Regs Regno levius ad Ediam communitatis praying, V. To which Purpofe the laid Ebdo- fupportari poterunt Henr. Knighton, lib. 5. mary or Weeks-man, at the Beginning of his The learned Du Frefne interprets it Aid, AuxiliWeek, drew up a Form or Bill of the refpec- tim. But it is indeed meant of Eafe, from the tive Perfons and their feveral allotted Duties, Saxon Eath; and in Wefimorland they ftill fayEacalled Tabula, and the Perfons there entered were thy for Eafy. This appears particularly called Intabulati. Ct^illgton. See Adttrni Partus. in the Statutes of the Church of St. P<ih/'s digeft<EDmtmD'0

&

&

&

&

ed by Ralph Baldok, Dean, anna 1295. MS. penes Joh. Epifc. Norwic.

cle*fare*%

UBiiru. See ViUa Fauftini. alias dgeic^arc, 25 H. S.

Eels.

is

the

Fry or Brood of

CffOJC!*

Cffo;na!lfiT,
rif.

/.

Efforciuliter venis

Anno

cum Ejuis

with Military Force. Tu ita nomine cjc&i, vel alterius qui libertatem babet eje Mat. Pa ctum babeKai. Cart. Hcnrici Reg. cf- Armi>. Angl. Anno
1226-

1213.

born, as Ballard I'jgne, and Mulitr puifne. Sec Mulier. netu attornatum fiium, qualem prtfentare volucrit ad Lit. feB. 399. (til KB bill'. Sec Efforciamentum CiirU tantum. Monaft. Tom. I. Ailesbury. (CitifCifl Is borrowed of the French So in a Charter of E. 3. p. 831. E tribus 280. Aifne t Priadventibus Sfi mogenitui, and fignifies in the Common Law E/virpatis terra quietis de fecili Curia
firft

or Cffn;riainfilliri!, (Ajfvr iamentum) a Diftrefs Abbas veniat per aliquem liberum homiInquifition.

UlUnf, French,

Aifne,

Maximut

natu,

The

&

Atf'orciamcntis.
.

derpip, Stat,

of

Ireland.

14 H.

3.

Skene de

verbor.

ffrart)2Pir, (Lat.) Burglars, that break open Jignifcatione, verbo Eucya, fays, That in the StaHoufcs to ftcal. Qtsi furandi canfa domoi effringunt, vel tute of Marlbridge, cap. 0. made in the Time of H- 3. It is called Enitia pari bareditatis : And likeetiam qui fcrinia expoliant. fefe car.ere praripiunt ; Cltirs Entries, Walks, or Hedges ; wife in another Place of the fame

MS.

Ways,

King,

Jus

ef-

From

The Mulct, Fine, Witc, or impofci by the old EngHJb Laws for the Penalty to fliedding of Blood, which the King granted many Lords of Manors. As among the Privileges Abgranted to the Abbey of Glajltnbury.
bat

the Sax. Efter, Cffufio frinfluiniB,

Toft.

nicia, that

is,

in

proper Latin, Jus primogeniture.

Sec Enitia pars, and Efne,y.

Eynkiam filiam fuam maritare, to marry his eldeft Daughter. tirr, alias <Bpft, From the old Frtncb Word
Eire, that

& Comientui babent tiamia

MS.
a. f. 87.

vetita, hutejium, leva-

turn,

Of effufionem fanguinis,
the fame with Gildum.
Egyptians,

Cartular.

Abbat. Glajlon.
(SrgilDf ,

Cijrpttan0,

We

commonly

call

and by our Statutes, and the Laws of England, they area counterfeit Kind of Rogues, that being EngHJb or Welfo People, accompany

them

Gypjtes,

in together, dilguifing themfclvcs ftranec Habits, blacking their Faces and Bodies, and framing to thcm(clve$an unknown Language,

themfelves

wander up and down, and under Pretence of

telling Fortunes,

curing Difealcs, and fuch like, abufe the Ignorant common People, by ftcaling ment. See Jujlice in Eyre. all that is not too hot or too heavy for their CarElection, Is, when a Man is left to his own 2 Phil. &> Mar. cap. 4. and 5 free Will to take or do one 1 riage. Anna Thing or another, Thefe are like thofe whom the which he pleafes ; as if A. covenants to pay B. Eliz. cap. 20. call Italians Francifcus a Pound of Pepper or Saffron before Whitfontide ; Cingari, fpoken of by Leo in fuo tbefauro fori Ecclejiafiki, part, prim, cap, it is at the ElcBion of A. at all Times before

is, Iter, a Journey, as a grand Eire, Magnis itineribus. It fignifies in Britton, And Jufticap. 2. the Court of Jufticcs Itinerant. ces in Eyre arc thofe only which BraBon in many Places callcth Jufticiarks itinerants, of the Eyre, and Lib. 3. traB. 2. cap. 1, 4. faith, The Eyre alfo of the Foreft is nothing but the Jufiice-feat otherwifc called, which is, or fliould by ancient Cuftom be held every three Years by the Jullices of the Foreft, journeying up and down to that Purpofc. Cramp. Jur. fol. 1 56. Manwood's ForefiLaws, atf. 24. Read alfo Skene de verb, fignif. Verbo Iter, whereby as by many other Places, you may fee great Affinity between thefe two King, dpms in the Administration ofJufticcand Govern-

that

is,

&

Whitfontide,
<ia,

the
fey,

of Sbeep. Mat. Parif. Anno 833. Uerfey, the Ifland 19. Co. lib. 5. fol. 59. and lib. 11./0. 51. In Cafe of Harts. Hence the French borrow their Eau, an EleBion be given of feveral Things, he who is the firft Agent, and ought to do the firft Act, Water. flEjfCta, a Woman raviflicd or deflowered. Eje- mail have the EleBion. As if a Man make a Bus, a Whoremonger. Rex fundavit diBum bofpi- Leafe, rendring a Rent, or a Robe, the Leflee dp dicunt quod diBi leproji fliall have the EleBion (as being the firft Agent) tale fuper decern leprofis, Mon. 2 Tom. by Payment of the one, or Delivery of the other. era/it de Ejeflibus Civitatis Lincoln.
pag. 388. t|ittione CuflfOt)'*, Ejelfmentde gard, Is a Writ which lieth properly againft him that caftcth out

An Ifland, an Eyt, Sax. E*g*. Hence he pays it not before the faid Feaft, then afterNames of Places which end^-in^Ey, as Ram- wards it is at the EleBion of B. to have Action for is the Ifland of Rams Sheppey,if^c Ifland which he pleafes. Dyer, fol. 18. pi. 104. 11H. 7
;

which of them he will pay

but if

Cake on Littl, pag. 144.

(gletflOll

b.

DC Clerk, Ele&ione Clerki, is a Writ that lieth for the Choice of a Clerk afligned to the Guardian from any Land during the Minori- take and make Bonds called Statute-Merchants, ty of the Heir. Reg. Orig.fol. F.N. B. 139. Termes and is granted out of the Chancery, upon SugThere be two other Writs geftion made, that the Clerk formerly afligned is de la Ley, verbo Gard. not unlike this ; the one is termed Droit de gard, gone to dwell in another Place, or hath Hinor Rigbt of Ward ; the other Ravijbment de gard, drance to let htm from following that Bufinefi, which fee in their Places. or hath not Land fufficient to anfwer his Tranf<Fi' tone firms, Is a Writ which lieth>for the grcflion, if he fliould deal amifs, &V. F. N.B. LcflVe for Term of Years, that is caft out\before fol. \6\. his Term expired, cither by the Lcflbr or a <lecmofi>na, Alms. Dare in pur am ft perpeStranger.

Reg. Orig.
ejecit

fol.

227.

N. B.

fol.

220,

See

infra terminum, and Book of Entries, verba EjeSionc firmx.

Quare

the

New

tual eleemofynam, to give in pure nd perpetual Alms, or in Frank- Almoigne, as Lands were commonly given to religious Ufes, and Co difchar-

dt

lntHUl, EjeBus Maris.

Quod

mart
fi

ejicitur.

Jet, Jetfom,
ter periclitata

Wreck.

Et

de navi taliter-

ged from military Services, and other fecular Burdens.

. .eieemofviia rantrnrum pjoarfttritf, i. e. Eleemofyna aratri, {viz.) a Penny which King JEthelrei ordered to be paid for every Plough in England towards the Support of the Poor. Letr. JEthelred. cap. 1. XJt detur de omni caruca denarius vel denarium

alhuis bomo vivus evaferit, Of ad

rain venerit, omnia bona ?? catalla in navi cum ilia contenta remaneant, &' fint eorum quorum prius fue Si rant ftp eis nor. depereant n.mine eject i.
vero

venerit ad ex'tinfra pradiBum terminum nullus genda catalla fua, turn noJlrdjint,& baredssm ncjlrcrism valens.

So

in Leg. Canuti, ca. 11.

Sometimes

'tis

called

c. it was at firft ap- Bower by the Statute of 34. accordWeftm. 2. Thus Simeon Dunelm. An- ing to thefc old Vcrfes. pointed by the King. no 887, writes, (niz..) JEthelelm comes Wintonienfts Adidtera facia, Sponte virttm Mulier fugiens Eleemofynam Regis JElfredi detulit Romam. to Dote fua careat, tiift ftonfo Jponte retracla. (Elpcmofpnas, < . the Pofleflions belonging Churches. Quid eft quod das quando honores EccleftaA Woman thus leaving her Husband is laid to rum, Sfc. quod ft res Domino jure Ele'emofynarum Du elope, and her Husband in this Cafe fhall not be confecratg fint, Eccle'ftarum ejus funt. legitime tenere compelled to allow her any Alimony. See AliCange. Hanc Eccleftam dedi Athelwaldo quiete decet Eleemofynam. Mors. 3 mony. I am perfuaded the Word is taken from ftcut Eccleftafticam the Sax. Celeoran, i. e. To depart from one Place Tom. fag. 46. to dwell in another, the Saxon r being eafily Mi<lremntpnai'ia,Thc Place in a religious Houfe, where the common Alms were repofited, and (laken, for a p. Or from the Belg. Ee, matrimothence by the Almoner diftributed to the Poor. niura, and loopen, currere. 4mm(Ott0, thofe who go. out of the MonaIn old Englijl), the Aumerie, Aumbry, Ambry, which in the North they now ufe for a Pantry or stery. Transftig*, fie Emanfores, a Claujlro efthe Word franes, vagi farabaiu. Pet. Blcfenfis Ep. 11. Cup-board, as the WelpAo Almari;yct was (bmctimes taken for the Office 142. Eleemcfynaria of Almoner, to which, as to other Offices, there (Emblements, (from the Fr. Eniblvuer.ee debled, Decima i. e. Corn fprung or put up above Ground) figniwere peculiar Rents allotted, as the Profits of Land fown : But the pndiSi mohndini Eleemofynaria: Sanili Auguftini fy ftri&ly X. Scriptor. fub anno Word is fometimes taken more largely for any folvatur. Will. Thorne inter Profits that arife and grow naturally from the 1128. ClfCmofpnariliSf, The Almoner, or peculiar Ground, as Grafs, Fruit, Hemp, Flax, &>c. If Officer who received the Eleemosynary Rents and Tenant for Life fow the Land, and afterwards them to pi- die, the Executor of the Tenant for Life fhall Gifts, and in due Method diftributca ous and charitable Ufes. There was fuch a chief have the Emblements, and not he in Rcverfion : Officer in all the religious Houfes. The greateft But if Tenant for Years fow the Land, and beof our Englip Bifhops had their peculiar Almo- fore he hath reaped, his Term expires, there the in Reversion, fhall have the Emners, as in the Council of Oxford, anno 1122. Stat, LefTor, or he and Linwood's Provincial, lib. 1. Tit. 12. blements. Sec Co. lib. 11. fol. 51. And although it cap. 2. The Dignity and Duty of Lord Almoner to is commonly held, that if a Man Leafes Lands at the Kings 01 England is defcribed in Fleta, lib. 2. Will, and after the Leflee fows the Land, and then the Will is determined, that the Leflee fhall cap. 2$. in it Elegit have the Emblements ; yet if the Leflee himfelf <tle$\t, (So called from the Words Is a Writ Judicial, and licth for him determines the Will before the Severance of the ftbi liberari) Sec Co. that hath recovered Debt or Damages in the Corn, he fhall not have the Emblements. lib. 5. fol. 1 1 5. King's Court, or upon Recogizance in any Court, (Sttlbtera oe (UentJ, This Word occurs in Rot. one not able in his Goods to fatisfy, and againft direftcd to the ShcrifF, commanding him that he Pari. 21 E. 3. n. 62. where divers Murders, Emmake Delivery of half the Party's Lands or Te- blers de Gentz, Robberies, &c. It comes from nements, and all his Goods, Oxen and Eeafts for the French Ernbler, to fteal, and fcems to fignify the Plough excepted. Old Nat. Brev. fol. 1 52. ftealing from or robbing the People. (Emujtaceo^ or armbMcur, 19 H. 7. 13. Is he 301. And the Table of the Reg. Orig. 299, which exprefTeth divers Ufcs of that when a Matter is in Trial between Party Regifter Judicial, this Writ : In the New Terms of the Law it is and Party, comes to the Bar with one of the (aid, That this Writ fhould be fued within the Parties (having received fomc Reward fo to do) Year. The Creditor (hall hold the Moiety of and fpcaks in the Cafe, or privily labours the the Land fo delivered unto him, till hi* whole Jury, or (lands there to furvcy or overlook Debt and Damages are fatisfied, and during that them, thereby to put them in Fear and Doubt of Term he is Tenant by Elegit. Weftm. 2. cap. 18. the Matter; the Penalty whereof is 20/. and See Co. on Lit. fol. 289. b. Imprifonmcnt at the Juftices Difcretion by the But Pcrfons learned in the < lf*2!rroto>3, Flint-Stones fliarpned and jagged aforecited Statute. at each Side, in Shape of Arrow-Heads, made and Law may (peak in the Cafe for their Clients. ufed in War by the ancient Britains, of which fe(Embracer V s the Aft or Offence of Embraceors. vcral have been found in England, and greater To inftru& the Jury, or promife Reward for Plenty in Scotland, where they call -them Elf- or before Appearance, is Embracery. Noy's Rep. Arrows, and do imagine they dropt from the fol. 102. Clouds. rnb?F,or Cmb?ings3Da)>0, (from Embers, CineClfer, A Kind of Ewe to make Bows of. B. 2 H. res,) either became our Anceftors, when they 8. cap. 9. faftcd, fate in Ames, or ftrewed them on their Anno 2 Clnisfeall, charitable Money, or Money gi- Heads. 3 Ed. 6. c. 19*. They arc thofe the ancient Fathers called Quatuor ven in Charity Tempora, (ElOIllE, In French EJloigner, To remove, ba- land of great Antiquity in the Church, being ob So the Word is ufed 13 E. Ffcrved on the Wednefday, Friday, and Saturday next ni(h, or fend away.

called Eleemofyna Regis, becaufe

&

&

&

&

de(Eloncrtlfnt Is when a married parts from her Husband, and dwells with an Adulterer; for which, without voluntary Recon cilement to the Husband, (he (hall lofe her

1 5. "Jf fUCl) 80 bf toltllin Jflge DC eloined, (after Quadrigeftma Sunday, Whit-funday, Boly-roodcap. fo ti)at tftpp cannot fue perfonany, rljeir next day in September, and St. Lucy's Day in December. Our Saxons called this Fart Imhren. Et jejunia JfrienuS (frail be aDmitteb to ftie fo? tlicm.

Woman

quatuor Tempora {qua Imbtcn

vocani)
impofuit

&

csetcra

omnia,

prout

S. Gregjirius Genti

Anghrum,

conferventur. Spelm. de Concil. T. I. f. 518. They are mentioned by Britton, cap 53. and others. Co

E
in his

N
^

Thcfc Embring- Uar, viz. Ego Edg ants Angbrum Bafileus, omniumejut Inft. part. 3. fol. 20;. faith, arc the Week next before Quadrigeftma ; Regltm infularum rceani </n* Britanniam circumjacent , Days which muft needs be a great Miftakc in the Prin- &c. Imperator fe> Dominut. See Imprefii. that learned Man could <mp,zefii. ter, for it is not poflible Cnip'Ototmenr. Sec Improvement. be ignorant in any Thing lb well known. ufed <Cn> sella, i. e. the Dedication of Churches (BmeilOaW, Emenda, Is an old Word ftill fo which was always on a Sunday. Encatniarc, /. *. in the Accounts of the Inner Temple, where much in Emendals at the foot of an Account, fig- To begin a Thing.ortoputon u new Thing, viz. the Houfc Encacniavit in Wintoni* urbi arduam turrim. Du nifies fo much in Bank in the Stock of for the Supply of all emergent Occafions: Spel- Cange. it is that, Quod tribuitur in reftaurathncm CnrMrihim, i. . Ink. Qua j>ropter Encaufti &> man
fays

damni.

chart* vitium aboleri incipiebat.

Fleta,

lib. 2.

c. 27.

(gmenDarr, Emendam folvere, To make Amends par. 5. <JEnti)ffon Is a Fren h Word much ufed in our or Satisfaftion for any Crime or Trcfpafs comDomino Regi graviter emendate Law Books, as in that Statute 53 /; 3. cap. 3. and mitted. debent. Leges Ed. Confcfl". cap. jj. Hence a it fignifics as much as the Occalion, Caufc or Crime, not to be attoned by Fine or pecu- Reafon for which any Thing is done. So it is capital was faid to be Inemendabile. ulcd by Staundf. lib. t. cap. 12. in his Dcfcription niary Compofiuon, of a Drodland. Skene de verb. fitmif- verho Enchefon, Kanuti, cap. 2. Leges The Power of amending and cor- fays, That Edward, the firli King of England, <teiloafie, c. That no to ftated Rules and 6. Statutes and Ordains, Weftm. 1. recting Abufcs, according Mcafures. As Emendatio Panni, the Power of Man (hall be an Mcrchaudc, with an reafon able
or looking to the Aflife Enchefon. Alnage, Aulnage, Ulnage, Cncroacbment , or HcrroAcbmenf , Cometh of Cloth, that it be of the juft Ell or due MeaEmendatio panis fe> cerviji*, the Affifing of from the French Word Accrorher, to pull or draw fure. Bread and Beer, or the Power of fupervifing and to, and it fignifics an unlawful Gaining upon the Mcafures of them ; a Rights or Poflcflions ojf another: For Example, correcting the Weights and the King to Lords of Ma- if two Mens Grounds lying together, the one Privilege granted by to the prefent Office prefleth too far upon the other ; or if a Tenant nors, which gave Occafion of Ale-Tafter, appointed in every Court-Lcct, and owe two Shillings Rent-Service to the Lord, and fworn to look to the Aflife of Bread, Ale, or the Lord taketh three. Sec Co. 9. Rep. f 33. Buck Beer, within the Prccin&s of that Lordfhip. nal's Cafe. So it is faid, That Hugh Spencer the Ad not fpeilat emendatio panni, panis Father, and Hugh Spencer the Son, encroached unto __ 8P quicquid Regis eft excepto murdre- them the Royal Power and Authority. Anno
cervift*.,

do fey latminio pttbato.

Paroch. Antiq. pag.

.3.

in procem.

<Snci(trTun', fee foditlment. De Emiflademiffariufl, A Steed, a Stallion. (EniiOfcnment, Dotatio, Signifieth the giving Matth. Well, mb anno or afluming of Dower to a Woman ; for rio, cui infederat, cecidit. ah ipfi vainer at us in brachio de fuo dejeHus which fee more in Dower: But it is fometimes 10 14. SeEmiflario lb. fub anno 1079. by a Metaphor uTed for the Setting or eft vering of a fufficicnt Portion for a Vicar towards (gnipant'!, Impanettare vel Ponere in Afftfis, Cometh of the French Panne, i. c. Pettis, his perpetual Maintenance, when the Benefice Juratis, or of Paneau, which denotes as much as Pane is appropriated ; and fo it is ufed in the Scatutes, with us, as a Pane of Glafs, or of a Window: In 1 R. 2. c. 6. and 4 H. 4. c. 1 2. See

&

Appropriation.

Law it fignifieth Names of a Jury

the Writing and Entring the ignootetnent DC la plum oeUe part, Is where a into a Parchment Schedule, or Man dying foiled of fome Lands holden in Roll of Paper, by the Sheriff, which he hath Knight-Service, and other fome in Socage, the fummoned to appear for the Performance of Widow is fped of her Dower rather in the Sofuch publick Service as Juries are imploycd in cage-Lands, than thofe holden in Knight-Service, tne iairer le pirns belie e Panel. as being lepluis belle part, the fairer Part, of which See Panel

(EmparlanCP, Licentia interloquendi, Cometh ofl re ad Littleton at large, Lib. 1. cap. 5 e. Demoniacks, who defpifing the French Parler, to talk, and in the Common 4iifTgUinrni, Law fignifieth a Dcfirc or Petition in Court, of the Catholick Doctrine, were feduced by the IIa Day to paufc what is bell to do. The Civilians lufions of the Devil. Concil. Carthag. 4. c. 91. And Kitch. fol. 200. call it Petitionem induciarum. <gnfraiul)lfe Is to make Free, to incorporate it in thefe Words, if he imparl, or pray a Man into a Society or Body Politick, or to interprets Continuance ; when praying Continuance is fpo- make one a free Denizen. ken interpretative. And fol. 201. he mentions Em (PMfamtHftrocnt Cometh of the French Word and Emparlance fpecial ; Emparlance Franchife, libertas, and fignifies the Incorporating parlance general that which is made only in of a Man into any Society, or Body Politick general feemeth to be
'"

one Word, and in general Terms. Emparlance For Example, He that by Charter fs made Deni where the Party requires a Day to delibe- zen of England, is faid to be enfranchifed ; and fo fpecial, rate, adding alfo thefe Words, Salvis omnibus ad- is he that is made a Citizen of London, or other vantages tarn ad jurifdiflionem Curia quarn ad breve & City, or Burgefsof any Town Corporate, becaufe or fuch like. Britton, cap. 53. he is made Partaker of thofe Liberties that appernarrationem. ufeth it for the Conference of a Jury upon the tain to the Corporation, whereinto he is enfranCaufc committed to them. And an Emparlance or chifed: So a Villain is enfranchifed, when he is Continuance is thus cntrcd, Et modo ad hunc diem, made free by his Lord, and made capable of the diem veneris, &Pc. ifto eodem Termino ufque ad Benefits belonging to Freemen. And when a fciliret diem pradiSus A. hahuit lictntiam interloquendi, Man is thus enfranchifed into a City or Burrough, quern he hath a Freehold in his Freedom for his Life Qpc. See Imparlance. is an ancient Title of the Kings of wherefore, whatever mall be the Caufc of his <mpcroj This appears by a Charter of King Ed- Disfranchifement, ought to be a Fa&, and not only England.
;

*n

an Endeavouring or Enterprifing. What fliall be or Fee intailed Littjeton in the fecond Chapter of fufficient Caufe to Bisfrancbife a Freeman, and his Book draweth Fee-tail from the Verb Tallinn, what not; fee in Co. lib. Rep. fol. 91. Bagg's (an obfolete and fuperannuated Word, Iamfure.if Cafe. any,) whereas in Truth it muft come from the' French Tailie, feBura, or Taitter, fcinder e ; and (Engleccrp, <gnalec!)erj>, ngtect)ire or <ngle= the Reafon is manifeft, becaufe Fee-tail in the (Uftp, In Latin Engleceria, Is an old Word, figan Englishman- Law is nothing but Fee abridged, fcanted or nifying nothing more than to be For Example, If a Man were privily flain or curtailed, or limited or tied to certain Conmurdered, he was in old Time accounted Frand- ditions. Tailie in France is metaphorically taken for a Tribute or Subfidy. Lupanus de Magena, which Word comprehended every Alien, See Fee, until Englecery were proved, that is, until it was gifiratibus Francorum, lib. 3. cap. Talea. made manifeft that he was an Englijbman. BraB. fee Tail.
:

lib.

whereof was

Requeft That whoever his Armies, upon Condition, fliould kill an Alien, fliould be liable to Juftice ; and if the Manflayer efcaped, the Town where the Man was flain fliould forfeit fixty-fix Marks to the King, and if the Town was not able, then

The Original <entetlbment, Cometh of the French Word En15. fol. 134. Canutus the Dane being King of tendement, intelleBus, ingenium. In a legal Senfe the it fignifies as much as the true Meaning or SigniEngland, having fetled his Eftate in Peace, at of his Lords, difcharged the Land of fication of a Word or Sentence. See for this
3.
t rait.

1. cap.

this,

When a Thing is in Doubt, then fbmetimes by Entendment it fliall be made out As if an Inquifition be found before a Coroner, that a Man was murdered at A. which is a Liberty, and it is not faid in the Inquifition the Hundred fliould pay : And further, that eve- at A. within the Liberty of A. yet it fliall be for peradventure the Liry Man murdered fliould be accounted Francige- good by Entendment; Co. lib. 5. na, except Englecery were proved. And the Man- berty may extend beyond the Town. ner of proving him to be an Englijbman was be- fol. in. fore the Coroner, by two Men or Witncffes who <ntpleber, Interplacitare, Is compounded of
Kitchin, fol. 244.
:

fice

glecery,

that is, the Difcufling of a Point incidentof Coroners, and Fleta, lib. 2. cap. 30. This En- Civil, for the Abufes and Troubles that were af- ly falling out before the principal Caufe can take terwards perceived to grow by it, was utterly End : For Example, Two feveral Perfons being taken away by 14 E. 3. c 4. See Co. lib. 7. f . 16. found Heirs to Land, by two feveral Offices in one County, the King is brought in doubt to Calvin's Cafe.

knew the Father, and by two Women who two French Words, Entre, that is, Inter, and Pleknew the Mother ; and this was called Englecerie. der, that is Difputare and fignifies in the ComSee Home's Mirrour ofjujl. lib. 1. cap. Of the Of- mon Law as much as Cognitio prtjudidalis in the
;

Sec Inheritance. See Efnecy. (JEnplfet Was anciently ufed for implead May enpleet and be enpleeted in all Courts. Mon.
4Etll)entanc? (fcmtia pars.
b. Angl. vol. 2. /. 412. (SEnqueQ, Lat. Inquijitio, Is the fame with the French Word, and all one in Signification : Howbeit it is efpecially taken for an Inquifition by our Jurors, or a Jury, which is the moft ufual Trial of all Caufes both Civil and Criminal within this Realm ; for in Caufes Civil, after Proof is made on either Side, of fo much as each Party thinketh jgood for himfelf ; if the Doubt be in the Fact, it is referred to the Difcretion of twelve indifferent Men , empanelled by the Sheriff for that Purpofe, and as they bring in their Verdict, lb Judgment paffeth ; for the

which of them, Livery ought

therefore
firft

to be made, and they muft interplede, that is, formally try between themfelves who is the right

Heir.

Staundf. Prarog. cap.

lib.

12.

&> 11 Bro.

Tit.

Cheft or Coffin. Venerabilis corpus B. Wilfridi in edition (hoe eft) in aitari quod in orientali presbyterii parte parieti conticemento extruBum erat, guum de impolitis lapidibus digniter coUocaverit. Eadmerus de sede lacra Cantua-

Enterpleder, and Co. (Entlieca, i. e. a

7. fol.

47.

Odo

maim

&

rienfi.

(EnfiertJ)

or

31ntiprt|),
;

A Kind
is

of French Word

fignifying in our Books

Entirenefs

it

from Moiety, and denoting the

Is

contradiftinguifhed

Whole.
<fljntire

Cenancp
a

contrary

to feveral Te-

findeth the Fact thus, and whereas the other fignifieth Joint or Common in the La* is thus : For the Enqueft in Criminal more. Sec Bro. Several Tenancy, and the New Caufes, fee Jury, and Smith de Rep. Angl. lib. 2. Book of Entries, verbo Entire Tenancy. An Enquejl is either ex Officio, of Office, <P ntrufton, Intrujio, Signifieth a violent or uncap. 19. or at the Mife of the Party. Staundf. pi. cor. lib. lawful Entrance into Lands or Tenements, being This Word is ufcd in the Statutes of utterly void of a PofTeffor, by him that hath no c. 12. 3. 25 E. 3. c. 3. 28 E. 3. 13. and almoft in all Sta- Right, nor Spark of Right unto them. BraB. lib. For Example, If a Man ftep into any tutes that fpeak of Trials by Jurors. 4. cap. 2. (EllferUer. See Infervire. Lands, the Owner whereof lately died, and the Cllftgne, French, Saigne, Blooded, let Blood. right Heir neither by himfelf, or others, as yet Si vicarius Enfigne fuerit, duas noBes hath taken Poffefnon of them : The Diffefolummodo habebit quietas, communionem non omittat. rence between an Intruder and an Abator is this, Stat. Ecclefise Litchfield, in Mon. Angl. torn. p. that an Abator entreth into Lands void by the 244. The Wosd was likewife ufed fubftantively Death of a Tenant in Fee ; and an Intruder enfor Bleeding, or Blood-letting, as Quod ters into Lands void by the Death of a Tenant B. folum quatuor vicarii, videlicet duo ex utraque parte for Life, or Years. F. 203. and Co. on

Judge

faith,

The Jury

nancy, fignifying

fole Poflefhon in

one Man,

fol.

21J. y et he Book of Entries expreffeth tarn trium quam novem lec1ionum.io. Abatement by the Latin Word Intrufionem, fol. 63. &it&\\, Feodum taUiatum, Cometh of the French C. which the New Terms of Law calls InterpofitioEntail, i. e. incifus, and in the Common Law is nem aut introitionem Sec Abatechori,

quolibet

menfe folum Enfigne

recipient in fejlis

Lit.

fol.

ufcd as a Subftantive abftract, fignifying

Fee-tail, ment,

fee

Diffesftn,

per interpefitionem. fee Britton, cap. 65.

Intrujio
is

ufcd alfo for the Writ brought againft an En- eainft the Diflcifor. $. Ejibeat is when the Difll-i fee in Fitzb.Nat.Brev. 203. and Stat. for dies without Heir, or doth trui'.tr, which Felony, whereby he is attaint, by which the Lord enters as in hii of Marl cap. ult. where Efcheat. In all thefc Cafes the Diflcifcc or his (CntruflOU ct garD Is a Writ that lies the Infant within Age cntred into his Lands, Heir fhall not have a Writ of Entry within the and held his Lord out: For in this Cafe the Degrees of the Per, but in the Pojl ; becaufc in Lord {hall not have the Wrhde tommuni Cujhdia, thofc Cafes they are not in by Dcfcent, nor by Purchafc. but this. Old Nat. Brev. fo. 90.
is

the Taking Poflcflion of Lands properly fignifics or Tenements. Sec Plowden, Ajftje ofFreJb Force alfo uled for a Writ of in London, f. 93. b. It is Poflcflion ;for which fee Ingrejfus And read Wejl Tit. Recoveries, jeH. 2, 3. who there pa. 2. Symbol. Ihews for what it lies, and for what not. Of this
.-

<llltrp,

(tr. Entree,

I.

C.

Introitus,

Inp/tjfus,)

Communem ILrqrm, i s a Writ, where Tenant for Term of Life, Tenant for Term of another's Life, Tenant by the Curtefy, or Tenant in Dower, aliens and dies, he in the Rcvcrfion fhall have this Writ againft whomfocver is in. <ntxv 111 cafil P^Otifo, Lies if Tenant in
<5*ntn>
at)

which

lies

writes to this Effect: Briton, in his 114th Chapter,

The Writs

of Entry favour

Property ; As for Cuftoms and Services, in which are

:

much of the Right of Example Some are to recover

(Sotet

thefc

(Pntrp in caftl ronfimili, Is a Writ that lies where Tenant for Life, or Tenant by the CurteAnd in this Plea of Entry fy aliens in Fee, he in the Rcvcrfion fhall have verio, with fuch like. there are three Degrees The firft is where a this Writ by Wejlm. 2. cap. 24, Man demands Lands or Tenements of his own lentrp ao tcrmmum qui p^eferyr, Lies where a Seifm after the Term expired The Second is Man leafes Land to another for Term of Years, where one demands Lands or Tenements, let by and the Tenant holds over his Term ; the Leflbr another, after the Term expired The Third, fhall have this Writ where one demands Lands or Tenements of that <2?ntrj fine aflfnfu Capitali, Lies where an Tenant who had Entry by one, to whom fome Abbot, Prior, or fuch as has Covent or Common Anceftor of the Plaintiff did let it for a Term Seal, aliens Lands or Tenements of the Right of now expired. According to which Degrees the his Church, without the Aflent of the Covent or Writs are varied. And there is yet a fourth Chapter, and dies, then the Succeflbr fhall have Form, which is without Degrees, and in Cafe this Writ. of a more remote Seifin, w hereunto the other 2ntrp csufa SPatrimonit pjelocuti, Lies where three Degrees do not extend. The Writ in the Lands or Tenements are given to a Man, upon fecond Degree is called a Writ of Entry In le Per: Condition, that he fhall take the Donor to his in the third Degree a Writ of Entry In le per & Wife within a certain Time, and he does not cut ; and in the fourth Form, without thefe De- efpoufe her within the limited Time, or efpoufes that another or otherwife difables himfclf, that he it is called a Writ of Entry In le pojl, grees, which fuch a one made to fuch cannot take her according to the faid Condition, is, after Diffcifin, a one. And if any Wtit of Entry be conceived then the Donor and her Heirs fhall have the faid out of the right Cafe, fo that one Form be Writ againft him, or againft whoever elfe is in

two Words

&
:

Dower alien in Fee, or for Term of Life, or for another's Life, living the Tenant in Dower, he in the Reverfion fhall have this Writ, which is contained provided by the Statute of Glouc. cap. 7.
Ejlo-

debet,) as

the Writs

Quo Jure,

Rationabihbus Divijis, Rationabili

is brought for another, it abatable. In thefc four are comprehended all manner of Writs of Degrees are without Certainty and Number. Entry, which Thus far Briton, by whom you may perceive that debet, and thefe other, In thefc Words, Solet le per, In le per ftp citi, and In le pojl, which we meet With many Times in Books fhortly and obfurely mentioned, fignify nothing but divers Forms of

the faid Land.

(Entoopce. See Invoyce. Gfnure, Signifieth to take Place or EffcS, to be available. As aRcleafefhall&jo'e by way of

&

Extinguifhment. Littleton, cap. Relea/e. And a Releafe made to a Tenant for Term of Life, fhall enure to him in the Reverfion. Ct:000,ifo MCe is a Saxon Word, from Eodor, a
(

Cafe whereupon it is each Form taking its Name from ; and brought the Words contained in the Writ.. Of this read Fitz. Nat. Brev.fol. 193, This Writ of Entry differs from an Ajpje, bccaufe it lies for the moft Part againft him who entered lawfully, but holds againft Law, wherethis

Writ applied

to the

Hedge, and
breaking.
<2jo;Ir
;

Brice, Ruptura.

'Tis

It fignifies Hedgementioned in the Laws of King

Alfred, cap. 45.

It hath been a Queftion whether this of Saxon or Danijh Original. Wormitu tells us that the ancient Danes called their Barons by the Name of Eorls : But Mr. Somner, in Gloff.

Word

is

as an

lies againft him that unlawfully Saxonico, is rather of Opinion that it is derived Yet fomctimes a Writ of Entry from the Saxons. JEtbeliaard, lib. 4. c. 3. Confutes lies upon an Entrufion. Reg. of Writs, f. 233. ruunt quos illi Eorlas/o/ewf nominare, &V. Sec the New Book of Entries, verbe Entre BrcI. Ccuiacuitl, Papcajlle in Cumberland. There is alfo a Writ of JSpimrma, i. e. Expences, Tributes, or Gifts. vis, fol. 254. col. 3. Of this Writ 'Tis mentioned in Gildas De Excidio BritannU, in the Nature of an Ajftje.
Ajftje
:

diflcifled

Entry
in
all

its

Degrees, fee Fleta,

five

lib.

5.

ca. 34.

&

feq,

There arc

Things which put the Writ f

viz. Item queruntur tion ajftdue jibi bute &c.

Epimenia

contri-

Cfpifcopalia, Synods, Pcntccoftals, and other upon Dijfsifin, Judgment and Tjlheat. I. cuftomary Payments from the Clergy to their Dijfeijin which Dues were formerly is where the Diflcifor dies feilcd, and a Dioccfan Bifhop Intrusion is when the Diflci- collc&ed by the Rural Deans, and by them tianfStranger abates. 2. Succejfion As in the Charter of Walfor is a Man of Religion, and dies, or is depofed, mitted to the Bifliop. and his Succeflbr enters. 3. Dijfeijin upon Dij- ter Bifhop of Coventry and Litchfield, to the Abbey the Diflcifor is difleifed by an- of Derley, is when Concedimus ttiam ut pr*.diSus Ab feijin other. 4. Judgment is when one recovers a- bas aut quijqut Succefforum ejus [it Decanus de omnibus

Entry out of the Degrees, viz. Intrusion, Succejfion,

Eccll-

e
Ecchfiis

o.
&*

E R
EEquity
fhall

&

teneat Capitulum

vel reddere faciat de Eccleftis diacopifcopalia reddat, Mon. Angl. torn. 3. f. (Ji. Thefe cunatui fui.

to Adminiftrators ; for fuch of them as appear 'firft by Diftrefs , mall anfwer by Equity of the faid Aft, quia funt in Aquali ge-

ftomary Impofitions were called Onus Epifcopale, nere. and were by fpecial Privilege remitted to thofe <quug CooperttlS, free Chapels that were built upon the King's Furniture on him.

A
I.

Horfe with Saddle and

Inveniendo pro quotibet vel duos difecopertos

Demcfnc, and
di&ion.
onus.

exempt from Epifcopal JurifSee Mr. Kennet's Glojfary in Epifcopale

feodo

unum equum coopertum,

Inqu. 16 Ed.

de Baronia de Dunham-

It was a Cuftom forCrpifcoptijBT puerojum, merly that fomc Layman about the Fcaft of Epi' his Hair, fo that he might feem phany would plait to have the Tonfure, and to put on the Garment of a Bifhop, and in them to exercifc Epifcopal Jurifdiftion, and to do feveral ludicrous Aftions for which Rcafbn he was called the Bifhop of the here long after levcBoys. This Cuftom obtained For ral Conftitutions were made to abolifli it in an Inventory of the Ornaments of a Church in York, Anno 1530. we read, Item una parva mitra cum petrls pro Epifcopo puerorum. And in another Place, Vnus annulus pro Epifcopo puerorum. Mon. 1 69. 3 Tom. pag. Is taken tofignify a Knight, (PqiU'jB aiuratuff, and termed Auratus, becaufe anciently none but and gild their Armour, or Knights might beautify other Habiliments of War. Feme's Glory of GeneroYet in Law we never ufe Eques 102. jlty, pag. Auratus, but Miles, and fometimes Chivalier. Co.
; :

Majfey. <l,
is

The Syllabic Er, in the Middle of a Word, contrafted from the Saxon Wara, which figniInhabitants.

fies

Thus

Canterbury was anciently

i. e. the Inhabitants of a Borough in Kent. Ocmntrojium, A Hermitage, or defert Place, for the Retirement of Hermites. Ercmi-

called

Cantwara-Burgb,

torium

in bofo D. Duels aliquanto tempore voluit.

petiit,

ubique

domum

hanc
5.

Locus Heremitorius locum Heremitorium

Hcnr. Knyghton,

lib.

Mon. Angl.

Radulphus Heremita de MuJfetveUe adificavit.

torn. 3. p. 18. a.

CriU8 alias 3lnF, Is the Flower de Lys, whofe divers Kinds you may read in Gerrard's Herb. lib. I. cap. 34, The Root of this is mentioned among Merchandife, or Drugs to be garbled. Anno 1 Jac.
cap. 19.

<rmitlir, This Word is ftorian Randulphus de Diceto,

mentioned in our Hiand others Mr. Somner

it
;

did not underftand the

Meaning of

but

'tis

Inft.fol. 5.
e.

very probable an Equal.

"Pis mentioned in nians.
viz. Elfred Rex Saxonavali prxlio fuffultus,

it

fignifies the

People called Armeof

a
the
French

dJqUltOCU8, i. Simeon Dunelm.

num,
contra

Anno 8S2, audaciffimus Dueum,

W ord
T

arrminS

Seemeth
It

to

come

Ermine.

fignifieth

Fur of great

Paganicas naves congrejfus eft, ex quibus ipfe Price. Sec Watling-ftreet. duas potentes virtute naves exfuperavit, iJcrminflrcPt. <6rn, The Names of Places ending in &e. figSciunt quod ego Ste- nify a melancholly Situation : From the Saxon (Cquitattin* S. Leonardi de tyonia Em, Locus Serretus. phanus de Ebroicis dedi Ecclefia molendinum meum de Froma <riif, The loofe fcattered Ears of Corn that pr& are left on the Ground after the Binding or CockdiEii Fratres Jf)<i<vwrtEquitaturam Qp factum cum bla ConduBo ad praparandum ufque ad do vel farina, &c. Reg. Priorat. de Wormlcy, ing of it. 22. a. penes Ed. Harley, Mil. Bain. And it careBam xxix. feliones ordei cum les Ernes viii. denfol. feems to fignify here, the Liberty of riding or Parochial Antiq. p. 576. From the old Teuton. Meal from a Mill on Horfe- Aire, an Ear of Corn, ErrJ.e, Harveft, Ernden, carrying Grift and Corn. Hence to Em, is in back. Miles cum equitatura, is taken for a to cut or mow

Equilocus

Em

&

Knight,
ture

with

his

Horfe,

Arms,

and

Furni- fomc Places to glean.

in Ernes.

See Mr. Rennet's

Glojfary,

Is of two Sorts, and thofe of (Errant, Itinerant, May be derived from the iSEquifp, Equitas, old Word Erre, i. Iter : It is attributed to Juftices contrary Erfefts, for the one doth abridge, and take from the Letter of the Law, the other doth that go the Circuit. Staundf.pl. cor. f. 1 5. and to add thereto. The firft is thus de- Bailiffs at large. See J-uftices in Eyre and Bailiff. inlarge, and fined, Equitas eft correBio legis generatim lata, qua Sec alfo Eyre. Crraticum, A Waif or Stray, erring or wan Equity is the Correction of the Law parte deficit. that Part wherein it fails, dring Beaft. Si Erraticum quod vulgo generally made in which Correction is much ufed in our Law As dicitur Weredrif in curiam Sacerdotis vel Clerxi qui in for Example, when an Aft of Parliament is made, atrio manent, venerit, vel in eleemojynam ejufdem Ecthat whofoever doth fuch a Thing fhall be a Fe- clejid, vel in atrium Epifcopi erit. Conftitut. Noryet if a Madman, or an man. A. D. 1080. lon, and futfer Death Infant that hath no Difcretion, do the lame, they CrrOi, Cometh of the French Erreur, and figfhall not be Felons, nor fuffcr Death for it. nifieth elpecially an Error in Pleading, or in the Breaking of Prifon is Felony in the Prifoner him- Procefs. Bro. Tit. Error. And thereupon the Writ which is brought for Remedy of this Overfclf, by the Statute De Frangentibus Trifonam ; yet if the Prifon be on Fire, and they within break fight, is called a Writ of Error, in Latin Breve de Prifon to fave their Lives, this mall be excufed Errorc corrigenda, thus defined by Fitzh. in his So to fave my Life, I Nat. Brev. f. 30. A Writ of Error is that properby the Law of Reafon. The other ly which licth toredrefs falfc Judgment given in kill another that aflaults me. may is defined to be an Extension of the Words a Court of Record, as in the Common Bench, London, Equity o?the Law to Cafes unexprefled, yet having the or other City having Power by the King's Charfame Reafon ; fo that when one Thingis enafted, ter or Prefcription, to hold Plea of Debt above all other Things are enacted that are of the like twenty Shillings, or Trefpafs. See the New Book As the Statute which ordains, that in of Entries, verbo Error. This is borrowed from : Degree an Aftionof Debt againft"Executors,he that doth the French Praftice, which they called Propofttion appear by Diftrefs mall anfwer, doth extend by de erreur, whereof you may read in Gregoriut de ap.

pellatione,


E
pellatione,

E_S

Cafes this Gfrav'tllin, What comes by Hap, Chance, or pag 56. In what Divcrfiry of Writ lieth, fee the Statute J /./. e, 9. Regifter Accident. //., quod nee dicfi Abbas & C<min the Table, verb. Errore corrigendo, and ventus vel eorum tenentes Original, aliquid juris elamore poffint is likewifo a Writ of in communia feu in lurfu Reg. Jut. fol. 34. There pafiura 2. Tit. canum fuortim in ifo bofo, nifi forte per efcapium eError, to revcrfc a Fine, Wefl. Symbol, part Ed, 151. For preventing Abatements by Writs veniat. Cartular! Abbat. Giafton. MS. penes bom. of Error upon Judgments in the Exchequer, fee Clargcs ex JEde Chrifti Oxon. f. 67. b, And for 16" Car. :. cap. 2. and 20 Car. 2. cap. 4. Cffrppa, A Siepp or Mcalurcof Corn in Fines and Richardus de Revesbia recepit unam bovatam in Rcdrcffing and Prevention of Error Recoveries, fee the Stat. 23 Eliz. cap. 3. for in- Sticcefordia per idem fervitium per annum, exceptb
rolling them. 4Erro;e Cojrigenuo.
<;rt()iniotuni,

quod Efchcpa

See

Error.

avena.

brafii
.

quant debet
torn.

habere,
1.

erit

de

Mon. Angl.

p.

823. Sec

a Meeting of the Neighbour- Sceppa. was cuftomary in former Days for flefdjanDeria, The Chandlary, or Chandry, the the Neighbours to meet and compromile Diffe- Office where Candles were rcpofitcd, and deliWiliielmus rences among them by the Award of their Fel- vered out for Domcftick Ufcs.

hood,

viz. It

lows,
in

ha

ut
vel

ne
in

damnum

incurrat,

&. aliquando
ubi-

divifis

Erithmiotis,

fuum hominem

am

de Bigod tenet terras fiP villam de Bures per ferjeantiEfchandcriae valet villa centum folidos. 1 1

&

terram. Leg. que manuteneat, aliquando fuper ipfam H. 1. cap. 57. CBtuancarura, From the French esbrancher, to cut off the Branches or Qui au-

Hen.

Boughs,

<Cfcl)angP or JBJjIfljange, Efcamlittm or Excambium. Hanc terram cambiavit Hugo Briccuino quod modo tenet comes Moriton

&

tem

forisfecerit

in

de viridi, five per culpaforefta Regis

Scambium

ipfum

valet

Dulpum.

Domefday,

vide

Exi.

turam, five per Esbrancaturam, five per utditionem change. <lcl)eaf, (Efchaeta, from the Fr. Efcheoir, turbarum.five per eforiationem mors., five per effartum,

e.

&c. fcaltiarf, Tofcald, as efcaldareporcos, to fcald In the Inquifition of the SerHogs. and Knights Fees in the 12th and 13th jcancics Years of King John, ^within the Counties of Effex Roand Hertford, Rogerus de Legburn,

&V.

erit in mifericordia,

cadere, accidere) fignifies any Lands or other fits, that cafually fall to a Lord within his

Pro

Ma-

&

bertus

de

Sutton de
porcos

efcaldandi

Buret per ferjantiam MS. fol. Regis. Lib. Rub. Scaccar.

eo,

tenet

Forfeiture, or by the Death of his Tenant, leaving no Heir general or fpecial ; Magna Charta, cap. J I. Fitz. Nat. Br. fol. 143. T. Efcheat is alio nfed fomctimes for the Place or Circuit, in which the King or other Lord hath

nor, by

way of

Efcheats of his Tenants.

2.

Bract,

lib. 3.

traH. 2. ca.

Licence granted to one, for the is of Exchange to another over having Eftate of Fee-fimple in any Lands or TeFor by the Statute of nements holden of a Superior Lord, dies leilcd Sea. Reg. Orig. fol. 194. R. z. cap. 2. No Merchant ought to exchange without Heir general or fpecial. In which Cafe 3 or return Money beyond Sea, without the King's the Lord brings this Writ againft him that poffeffcth the Lands after the Death of bin Tenant^ Licence. Cftapf, Efcapium, Cometh of the French Ef- and fhall thereby recover th- fame in lieu of his In the fame that is, effugere, to fly from, and fignifies Services. Fitz. Nat. Br. fol. 144. chapper, in the Law, a violent or privy Evafion out of Senfe as we fay, The Fee is Efcheated, the Feudifis fomc lawful Rcftraint. For Example, If the ufe Feudum Aperitur. See Coke on Littl. fol. 92. b. Sheriff, upon a Capias dire&cd to him, take one, and the Civilians call thcic Forfeitures Bona Caduand indeavour to carry him to the Gaol, and he ca. Sometimes the Word Ef.baeta fignifies a lawin the Way, cither by Violence, or by Slight ful Inheritance defcendingon the Heir, but then this is called an break from him, Efcape the Adje&ive Retla is ufually added ; as Retla EfSraundf. pi. cor. fol. 70. The fame Stattndford in chacta, i. e. Legitima, or fuch as is caft on anThus in Leg. H. 1. cap. 1. Salvo his Fleas of the Crovin, lib. I. cap. %6, 27. na- other by Law mcth two Kinds of Efape, the one Voluntary, the fibi &* haredibus fuis rello cadu 0, fivereiJa Efchacta other Negligent : Voluntary is, when one arrcfteth Gervasof Tilbury, Lib. 2. writes, Efhaeta cum another for Felony, orany other Crime, and af- harede, viz. cum paterfamilias,QPc. de rege tenens in terwards lctteth him go whither he lifteth. In capite, fata debita folveret, reliBis tamen liberis quowhich Efcape, the Party that permits it, is by rum primogenitui minor eft annis, redditus quidem ejus ad Law guilty of the Fault committed by him that fifcum redeunt, fed hujufmodi non fimpliciter Efchacta or Trefpafs. Neg- dicitur, fed Efchaeta cum harede, de ipfa hareditate efcapes, be it Felony, Treafon is, when one is arretted, and after- per officiates Regios tarn hares quam cateri liberi necefligent Efcape wards efapeth againft his W'H that arretted him, faria percipiunt. What we call Efcheats are in the and is not purfued by frefh Suit, and taken again Kingdom of Naples called excadenti*, or Bona exbefore the Party purfuing hath loft the Sight of cadentia ; as, Baro locat Excadentias eo modo quo lohim. Id. cap. 27. Of the Courfe of Punimment cate fuerint ah antiquo, it a quod nulla debita fervitia by the Civil Law in this Point, read in Vrattica minuantur, Of non remittit GaUinam debitam. ladEfcambiO,
Is a

Pupilla oculi par. 2. cap. 22. ufed for a Writ, which lies,

Efiheat (thirdly) where the Tenant

making over a

Bill

criminali

Clau.iii de B. attaindier, reg. 143. Read cob, de Franchiis in pruludiis ad feudorum ufunt. alio Cromp.Juji. fol. 35, 36, 37. and Termes delay El'cl)eat of CUCOo: All the Appendages of Lop There is likewifc an Efape of Beafts, and and Top, &V. that belonged to a Tree fell'd or Ley. therefore he that by Charter is Quietus de Efcapio fallen down. John de Grey Bifhop of Norwich, in the Forcft, is delivered of that Punifhmcnt give Liberty to the Monks of his Church, thai

which, by Order of the Foreft, lieth upon thofc in his Wood of Thorp, habebnnt unam arborem whofe Beafts be found within the Land forbid- cum ramis, cortice, cofpeliis, radicef&P tota Elchaeta. den. Cromp. Jurifd. fol. 196. Sec alfo Co, 3. Ex Reg. Eccl. Norwic. <!BlillfatP; (Ef.baetor) was an Officer (appointed Reports, Ridgeway's Cafe ; Plowd. Com. Flatj's Cafe. by the Lord Tieafurer) who obferved the Efcheats

du

King in the County whereof he was as Oikham teftifies in his Lucubrat'uns. The other and certified them into the Chancery or is called The Receipt cf the Exchequer, which is prothe Death of perly imployed in the receiving and Ex.heqver, and found Offices after paying Mothe King's Tenants, which held by Knights Ser- ney. Cron/p. Jun fil. 105. fays, It is a Court of vice in Capite, or othervvife by Knights Service Record, wherein all Caufes touching the Revehe continued in his Office but one Year, nor nues of the Crown ure handled: The Officers becould any be Efiheator above once in three Years. longing to both thefe, you may read in CmbAnno I H. 8. cap. 8. & 3. ejufdem, cap. 2. See den's Brit. cap. Tribunalia Angl'u, to whom I refer more of this Officer and his Authority, in Crow. you. The King's Exchequer now fettled ntWeflminPeace. Fitzherhert calls him an Officer of fier, was in divers Counties of fValei.'Sec 27 H. 8. Juft. of Record, Nat. Br. fol. 100. becaufe that which he cap. 5. but efpecially 26. and 4. par. Infi. fol. certified by Virtue of his Office, had the Credit 103. of a Record. Officium Efihaetrix is the EfcheatorNaves bene cfQfJfcFjipflrp, to build or equip Du Frcfne. ptobris Marincllii. Reg. of Writs, f. 259. b. This Office, having chipatas bonis fhip. its chief Dcpendanee on the Court of Wards, is ttgfcojiario JHojae, Paring oif the Turf of now out of Date. See 4 lft. f. 225. There was fedgy or moorifh. Ground for burning. Qui autem alfo anciently an Efiheator of the Jews. Clauf. forisfecerit in forejla Regis de viridi, five per culpadue
to the
;

Efiheator

&

4E.
S.

i.m.

7.

turam, five per

Cfclieccutn.

Albani

&

Anno 24 Hen.

3.

Inter

Abbatcm turvarum,

Galfridum de Childwic

&

alios,

esbrancatttram, five per foditionem five per cfcoriationem mor.(, five per culpationem de fubnemore, &-c. Rog. Hovecfen. Annal.

quod habuerunt venationem Warn vi aut permif- p. 784. Abbatis vel per Efcheccum. fcuag?, Scutagium, Cometh of the French ftone antecejforum pr&ditti The Gloff. at the End of Matthew Paris, (where Efiu, clypeus, a Shield. In Law it fignifieth a the Pleadings are to be feen at large, fol. 538, Kind of Knight's Service, called Service of the and 539.) interprets it increpationem Abbatis, veta- Shield, whereby the Tenant is bound to follow his tionem interruptionem : But Qutre, if it may not Lord into the Scotch or Welfh Wars at his own rather fignify by chance, from the Fr. Efcheoir, to Charge ; for which fee Chivalry. He who held a happen or fall out, and not of Right ; as when whole Knight's Fee, was bound to fervc with S. S. ftarts a Hare in his own Lordfhip and pur- Horfe and Arms forty Days at his own Charge ; fues the Chace through another's, in which Cafe and he who held Haifa Kniaht's Fee was to ferve he needs no Permiflion, according to the Law of twenty Days. But Note, that Efiuage is cither uncertain or certain : Efiuage uncertain is Huntfmen. properly CBfcbevcum, a Jury or Inquifition ; Si habue Efiuage and Knight's Service, being fubjeci to rint venationem illam vi ant permiffione predecefforum Homage, Fealty, and (formerly) Ward and Mar-

&

Matt. Paris. Anno Abbatis vel per Efcheccum. 1240. Sec Sceppa. <KfCl)epa. (EfclieqHCr, Scaccarium, May be derived from the French Word Efihequier, i. abacus, tabula Luforia,

riage ; and fo called, becaufe it is uncertain how often a Man fhall be called to follow his Lord into thofc Wars, and what his Charge will be in

and

fignifieth the

Place or Court of all Re-

belonging to the Crown. Polyd. Virg. lib. 9. Aug. faith, That the true Word in Latin is Hiji. Statarium ; but it may with more Probability be taken from the German Word Schatz, denoting as
ceits

much as

Thefaurus or
1 1

Tifius.

Cambden

in his Brit-

tannia, pag.

That this Court or Office took the Name from tabula ad quim afftdebant,
3.

faith,

out of Gervafius Tilburienfis, the Cloth it being party-coloured or chcBy the Grand Cuflumary, it is brought rom the Normans, cap. 56. where you may find Jiuered. The Efcbequer is called An Afit thus defcribed, fembly of High fafticiers, to whom it appertaineth to amend that which the Bailiffs and other meaner Jufticiers have evil done, and unadvifedly judged, and to do Right to all Men without delay, as from the Prince's Mouth. Skene de verbor.fignif.verb. Scaccarium, bathoutofPaulus Mmilius thefe Words, Scaccarium dicitur quafi Jtatarium, quod homines ibi in jure fijiantur, vel quod Jit Jlataria &P pe-

proving

it

each Journey. Efcuage certain is, when a certain is paid yearly in lieu of all Services, being no further bound than to pay his Rent, called a Knight's Fee, or the fourth Part of a Knight's Fee, according to his Land ; and this lofeth the Nature of Knight's Service, though it hold the Name of F. N. B. Efiuage, being in Effect but Socage. 8. But fee the Stat. 12 Car. 7.. cap. 24. for fol. taking away the Court of Wards and Liveries, and turning all Tenures into Free and Common Socage. See Littleton, lib. 2. cap. 3. and fee Ca-

Rent

which covered

pite.

Efiuage alfo is fbmetimes taken for that Duty or Payment, which they who held Lands under this Tenure, were bound to make to the Lord when they neither went themfelvcs to the Wars, nor provided one in their Place. Monajlicon,
2 Tom. p. 99. Scutagium afftfumper Regnmn. Efcuage is fometimes called a reafonable Aid which was demanded by the Lord cf his Tenants,
in Knight's Service, viz. ConRegi ad maritandam jiliam fuant de omnibus qui tenent de Domino Rege in Capite de
cefferunt

who held Lands

Domino

rennis

curia

cum

cater* curie effent indicliva, nee

loco

jingulis /cutis

20

folidos

foivendos.

Matt. Parif.

Alfo he addcth further, that it be called Scaccarium a fimilhudine Ludifcacmight corum, from the Refcmblance it has to the. Game at Cbefi ; many Pcrfons meeting and pleading their Caufes there, as if they were fighting in an arrayed Battel. And Smith deduces it from an old Saxon Word Scata, fignify ing Treafurc.whcreof Account is made in the Chequer. This Court confifteth, as it were, of two Parts, whereof one dealeth efpecially in the judicial Hearing and Deciding of all Caufes appertaining to the Princes Coffers, anciently called Scaccarium computorum,
nee tempore fiau.

Anno 1242. It was an uncertain Duty till it was known how much Money the Parliament
would
cage.

raife,

but

Efiuage

certain

is

called SoProvifio

fcurarr,
infiuper

To

fcour

quod quoties

& quando

or cleanfe.
necejfe

erit

Qp

ditfa foffata nofira mundare, purgare, rare, liceat nobis &> fuccefforibus nofiris totam aquam convertere &> transferre. difforum foffatorum dat. 29. Odtob. Charta Thomas Epifcopi B. Ex Colleiianeis Matth. Button, S. T. P. 4 Ed. 4.

num

opportuvel efcu-

W.

MS.
1

OEftns:*,

ES
Cfiiiix,
O.hta,

the Kings of Kent, fo called from Somctimcs it fignifies the Farm or Lands them Eft, the Grandfather of King felvcs, viz.. Et pro eo quod predict, homines, &> eorum Etbelbert. animalia, per terras & pafua mea &> cxplcta eantSP Di- rede ant ahf Dll CangC. *Ef(u\to:fff, From the French Efher. que ullo fervitio. cunt etiam (Juratores) quod latroncs &= EskcGorcs fperU itlU* and *marl>CriUf, (Fr. Tfpervier) A de terra de Morgannon intraverunt pr.idiclam terram Spar- Hawk, Char. Reddit. foForefte, cap. 14 Plait. Pari. 20 Ed. 1. Rob- litt. YVilliclmo Talboys .-/cot. ad Manerium fuum dt de Brckcnhok, bers or Deftroyers of other Mens Lands or For- Kyme pro omnibus fervitiis fccularibus unum Efpcrvarium vel 2 s. per Annum ad Fejlum Sancfi Mi.h. Q?c. tunes. tfljBhPliagP, The Mayor and Alderman of Ca- Comput. Davidis Gcfferon. Collect. Redd, de Dicunt quod RiAnno 35 Hen. 6. lais petition the King to grant them the AfTifc of Wragby. Wine, Ale, Beer, anJ Bread, within the Juris- cardus de Herthuli die quo obiit tenuit Manerium de diction of the fame Town called la Eskenage. Rot. Poley in Com. War. in Domin'uo fuo ut de feodo per Pari. 4 H. 4. fidelitatem Of fervitium unius Efpervarii vel 2 s. ad Csttnip .immrutl. Clauf. 1 Ed. 1. whereby the Fejlum S. Jacobi, Qfc. Efc. de Anno 10 Ed. 2. Sea-port Towns were to provide certain Ships num. 53. (Cfi'liurnaniia.Thc Office of Spigumel, or ScalSumptibus propriis &" duplici eskippamento. The Word Spigurnellus, Sir Robert Cotton cnglilheth it, double Skippage, er of the King's Writs. e. double i. Tackle, or Furniture, as I fup- which Spelman and Du Frefne recite without interpreting, feems detortcd from the Saxon S^arran, pofe. 4F8l,ipvefrm, Shipping or PafTage by Sea. Cejlt to ffiut up or cnclofc. Oliver de Staundfor.l, in Endenture faite parentre lui noble home Monf. Tho- 27 E. 1. held Lands in Ntttlebed, Com. Oxon. per mas Bcauchamp Counte de Warwyke d"une parte &P ferjeantiam efpicurnantiz in can ellaria 'Domini Re-

furnamed

John Ruffe 1 Efuier d' autre parte, Tefmoigne, Qfc. Et que le dit John aura Eskypefoun covenable pour
fon pajfage &> repajfage outre meer, as cujlages le dit Counte, iifc. Done a Warwyke. 2 Jan. 50 Ed. 3.

gis.

Paroch. Antiq.

p. 292.

See Mr. Rennet's

Glof-

fary, Ibid.

Bucks, in a Deed, (Dat. 13 Hen. 6.) covenants with Sir Phil. Chitwind, his Lieutenant of the Caftlc of Calais, to give him Allowance for his Soldiers Skippefon and Reskijpefon, I e. Paffagc by Ship, and RcFebr. 22.

And Humfrey Earl of

paffage. to <t Infer, JEfnecia, Is a Prerogative given the cldeft Coparcener, tochufe firft after the In-

heritance
in
ciiviji

is

divided.

Fleta,

lib.

5.

cap. 10. feci,

To expeditare, .which proper old Englifi Term was called La-wing of Dogs, and was done two fcveral Ways ; either, firft, by cutting off the three fore Claws of the Right Foot: Or fecondly, by cutting out Words) as the Serjeant Cbirurgeon, Serjeant of the the Ball of the Foot ; that fo by cither Way h/mry, Mafler Cook, 6Pc. Such as are created Ethe Dogs might be difabled from hunting or run- fquires by the King with a Collar of SS. of Silver, ning hard. This Method of preventing Mifchief as the Heralds and Serjeants at Arms. The Chief from Dogs neighbouring on a Forcft, was invent- of fome ancient Families arc likewife Efquires by ed by King tinry II. or at leaft by him firft in- Prefcription thofe that bear any fuperior Office Artie. 6 in the Commonwealth, as Hioh Sheriff of any joined in the Affile of Woodcock, Monaclorum efpc- County, who (as fome hold) retains the Title of Nullus dominhos canes Abbatis altare cogat , verum canes hominum -fuorum intra Efquire during his Life, in refpett of the great forcjlam manentium Ahbas e> Monachi efpeahari iTruft he has- had, of the Pojf' Conitatus ; he who r /-> ..-i_ a Li /-'i.n. we i. ' . <* -, x% : .j. -i._ tv t._ -Cxrtular. Abhat Glafton. MS. pt- is a JufiieofPea.e, has it, during the Time he f.niant. and no longer, if not othernes Magi ft. Clarges, nuper ex JE.de Chrijli, f. 7. See is in Commiffion, at Law in Ex editare. wife qualified to bear it. BarriJIers OEfplceS, Expletia, perhaps from Expleo, feem the late Ats of Parliament for Poll-Money, to be the full Profits that the Ground or Land were ranked among Efquires, and fo many wealFeed thy Men, (by rcafon they were commonly reyicldeth ; as the Hay of the Meadows, the of the Pafture, the Corn Jof the Arable ; the puted to be fuch) and paid accordingly. In iY.iIRents, Services, and fuch like Iffues. The Pro- fingham's Hifiory of R'chard the Second, we read of
Clpeal'au, Expeditare,
in a
:
.-

Salvo capitali Meffuagio primogenito fiGlanvil. lib. 7. c. 3. lio pro dignitate JEfncc'xx Juc. Skene de verb. fig. Primogeniture. Jus JE'wcci&.juStat. Marlh. c. 9. calls it Enitia pars hereditatis. See C. on Littl.f. \66.b.

nem.

<tfquiC, from the Fr. Efcu, which fignifies a from the Lat. S utum, from the Greek '1--JI c, which fignifies an Hide, of which Shields were anciently made, and afrerwards covered ; and here in the Time of the Saxons the Shields were covered with Leather, fo that an Efquire was originally he who actending a Knight in Time of War, did carry his Shield, whence he was called Efcuier in French, and Scutifer or Armiger in Latin : Howbeit this Addition hath not of long Time had any refpcil at all to the Office or Employment of the Pcrfon to whom it hath been attributed, but been merely a Title of Dignity, and next in Degree below a Knight. Thofc to whom this Title is now of right due, are, All the Younger Sons of Noblemen, and the eldcft Sons of fuch younger Sons ; the eldcft Sons of Knights, The Four and their cldeft Sons fucccffively Thole that fcrvc the Efquires of the Kinp's Body King in any Worjhipful Calling, (to ufe Camhden's
Shield,

&

comprifed under this Word, the Romans call properly Acceffiones ; nam acceffiones ea generaliter omnia, que ex re de qua agitur orta funt, ve'.uti fruquecunque ex re proHus, partus Ef omnis caufa rei And note, That in a Writ of Right of ce.'un't. Land, Advowfcn, or fuch like, the Demandant oue.htto allcdgc in his Count, that he or his Anceitors took the Ffplees of the Thing in Demand ; otherwifc the Pleading is not good. Termts de la Dominus Efifcopus habebit omnia Expletia &> Ley.
fits

&

one John Blake, who i< faid to be furii Ap renticiiis, and has the Addition of Scutifer there given him ; but, whether intitlcd thereto by reafon
of
his

Profeffion

or

otherwifc, does
lit.

not

ap-

pear. 595

See Cambd.

Brit. f.

and

InJI.'f,

A
tit.
1

Principe

vel mur.ere.

Scripto,

funt Armigeri vel fcrihto vel Symholo cum Rex Jic qtievpiam covftiluecollum ergo al.oijus argenteo Jig

trofcua de Corona emergentia.

Plac. Pari. 30 Ed.

1.

Symbclo,

quum

matko

matico (hoc

plan,

Tales in occidentali Angli* ces, lib. 1. cap. de Ejfoins, who makcth Mention a (ut aliquando didici in cortventu ret antique ftu- of fome more Ejfoins touching the Service of the Munere, cum ad King Celeftial, and of fome other Points not dioforum) White Spurs diHi funt. vel in Aula vel in Repub. unworthy to be known. Of thefe Ejfoins you mav mimui quempiam evocaverit, multa bodie, pa- read further in Fleta, lib. 6. cap. 8. dp And feq. Armigero defegnatum : Cujufmodi that thefe came to us from the Normans, is well Inter Armigeros qui tribus
aureis uft funt) donaverit.
noflrit incognita.

ex SS. confeSo) adornaverit, BraHon, lib. 5. trad. 1. per totum, and Britton, ca. eft torque eumve argentatis cakaribus (addifrimen equitum, qui 122, 123, 124, 125. and Horn's Mirrour of Jufti-

ftur.t

habentur quatuor iUi Armigcri ad Corpus Regis (Efquires of the Body) quos &> E(non nafuntur)primarii

mewed by
in

Manner

the Grand Cuftumary,

find
all

v/hetfi

faid

that our

Thus have fpoken of this Matter. Cap. 39, 40, 41, 42, quitum ftliis primogenitis anteponendos ajferunt. the Learned Spelman in whofe Glcjfarium you may 43. 44. 45<floin oe malo lecti is when the Defendant is find Mention of another Species of Efquires, vizBed, Cffoin De malo berietlDi is when the Defendant Walterus de Pavely miles filius is infirm in Body and not able to come. NoveriCffO.ll per ferbitium -Kcgia U when the Defenquondam Raginaldi de Pavely falutem. in the King's Service. tis me obligari Rogero Marmion ftlio quondam Philippi nant is Horn De malo fcllla: is when the Defendant Marmion omnibus diebus viu fu* in una Roba cum meorum annuatim ad appears in Court the firft Day, but departed pcllura de feHa Armigerorum Nativitatis Domini percipiend. fine aliqua con- without Pleading, and being afterwards furpriz'd Feftum tradiHione vel retract" ione mei -vel htredum meorum aut by Sicknefs or any other Infirmity, cannot attend Ad quam quidem folutionem Rob* pr*- the Court, but fends two EJfowers, who openly ajjignatorum. dicix cum pellma annuatim ad terminum fupradittum proteft in Court that he is detained by Sicknefs h&redes meis, bona in fuch a Village that he cannot come, fideliter perfohendum obtigo me pro lu raimmobilia, ubicunque fue- ri pro perdere ; and this muft be admitted for full &> catalla noftra mcbilia rint inventa in maneriis meis in Hundredo de Weftbury Proof, without any further Surety, for 'tis Invel extra, &c. fine dat. Ex codice MS. cumbent on the Plaintiff to prove whether the exiftentibus Gul. Dugdale Mil. Effoin is true or not. penes (Effoin De terra fancta Was an Expedition to the Cambden in his Brit. fol. III. having fpo- Holy Land, viz. to J-erufalem. telioin De ultra mare Was when the Defenken of Knights, hath thefe Words of them, homi- dant is beyond Sea. HUs proximi fuere Armigeri, qui Scutiferi <ff.0inefland $}oKtT8* Anno 32 H. S.c. ft I. See ad arma dicli, qui vel a clypeis gentilltiis nefque
Cotes. Squier born dc quatcr
fick in

you may Lawyers

OMnibus

&

&

&

&

qua

majoribus runt, V.

in nobilitatis inftgnia gejlant ; vel qui principibus Hits nobihbus ab armis erant, nomen traxe-

&

Proffer.
tu;lToti!0

te malo

lectt Is

Writ directed

to the

of four lawful Knights to That thofe which view one that hath effoined himfclf de malo U8i Difputations upon the Feods faith, the French call Efquires, were a military Kind Reg. Orig.f.S.b. (cflabiilimietit Of IDotoer Seemeth to be the of Vaffals, having Jus fiuti, that is, they Affurance of Dower made to the Wife by the Hufbear a Shield, and in it the Enfigns of their Fa or Dignity. band, or his Friends, before or at Marriage ; and mily, in Token'of their Gentility effartum, if-rarrutn, affamini, Affart, or Alfignment is the Setting it out by the Heir afterPlacitum wards, according to the EftabUftament. Britton, Woodland broke up or ploughed.
Hotoman in the
fixth

Chapter of his

Sheriff, for the fending

de Effartis, de quoque Foreftarum

one, devenatione.

c&ftone,

de

Leg. H.

I.

Reg. Angl.
Is

combuftica. 17.

cap. 102,

See AJJart.
OEffenDi qutefum lieth for Citizens

De Colonio

Writ

that

and Burgcfles of any City or

Town,

that hath a Charter or Prefcnption to from the French Eftacher, to fallen. exempt them from Toll through the whole Timber, CBltanOar?, or ^Canoarf, Cometh of the French Realm, if it happen the fame to be any where exacted of them. F. N. B. 226. Reg. Orig. Eftendart, i. ftgnum, vexiUum. It fignifics an Euas well with us as with them. But it fign in War fol. 258. 4E(Tome Effonium, Cometh of the French Effonie is alfo ufed for the ftanding Meafureof the King, or Exonnie, i. caufarius miles, he that hath his to the Scantling whereof all the Meafurcs in the Prefence forborn,or excufed upon any juft Caufc, Land, are, or ought to be framed by the Clerk It fignifieth in of the Market, Alneger, or other Officer, acas Sickneft or other Impediment. the Common Law, the Allegation of an Excufe cording to their Functions ; for it was eftabiiihed for him that is fummoned, or fought for to ap- by the Statute of Magna Cbaria, Anno 9 Hen. 3. or to perform cap. 9. That there Jhould be but one pear, andanfwer to an Action real, Sca:nhng Suit to a Court-Baron, upon juft Caufe of Ab- of Weights and Meafurcs through the whole iencc It is as much as excufatio with the Civili- Realm, which is fince confirmed by 14 E. 3. c. The Caufes that fervc to effoin any Man 12. *nd many other Statutes ; (one cfped'aJly ans. fummoned, are divers, yet drawn chiefly to five I made 17 Car. 1. c. 29. which fays.from henceforth Heads ; whereof the firft is, Ultra mare, whereby there fhall be one Weight, one Meafuie, and one the Defendant mall have forty Days. The Se- Yard, according to the Standard of the E^chethroughout all the Realm :) It is not witn cond, De terra SanBa, where the Defendant mall out have a Year and a Day, and thefe muft be laid !quer gicat Reafon called a Standard, becaufc it The Third, De ftandeth conftant and immoveable, and hath all in the Beginning of the Plea. malo venlendi, which is alfo called, The common Effoin. Mcafures coming towards it for their ConformiThe Fourth is, De malo leBi. And the Fifth, De ty Even as Soldiers in the Field have their For further Knowledge of thefe, I Standard or Colours, for their Direction in their fervitio Regis. * refer you to Glanvile, in his whole firft Book, and March
:

103. Citacijf , Cefte indenture tefmoigne que cum il y avoir debate entre eux dufoule ou dit A. ad facit planter une Eftache de pere ci^ de merymo en Selby water, Ex Regift.de Selby, fol. 51. It feems here &>c. to be ul'cd for a Bridge or Stank of Stone and

&

E
March or Skirmifh
ards

S
to repair to.

E
Of thefc
StandftOtirrfl,

S
is

from the Fr. 1. c. Materia, a/id Ijlojfe, Standard of Money. The Standard and Allay that from the Verb Efiijfer, which is to fupply of old Efterling, and the old right Standard of with Ncccffaries and in Lawpioperly figniiieth A Pound- Nourifhmcnt or Maintenance. For Example England, arc to be underftood thus of Gold was divided into Twenty- BraHon, lib. 3. trait. 2. tap. 18. num. 2. ufeth it Weight Troy four Carats, and every Carat into four Grains for that Sullcnance, which a Man committed for of Gold. And a Pound- Weight of the old Ster- Felony, is to have out of his Lands or Goods for and his Family, during his Imprifonling, or right Standard Gold of England confided himfelf of Twenty-three Carats, and three Grains and a ment. And the Statute made 6 E. 1. cap. 3. uHalf of fine Gold, and half a Grain of Allay ; feth it for an Allowance in Meat or CI0J1. It which Allay might be Silver or Copper. Again, is alfo ulcd for certain Allowances of Wood, to a Pound- Weight Troy of Silver was then (as it be taken out of another Man's Woods. So it is has been ever fince) divided into twelve Ounces, ufed Weftm. 1. cap. 25. Anno 13 E. 1. Wefi. Symb. every Ounce into twenty Penny Weight, and c- part. 2. Tit. Fines, fell. 26. faith, That the Name of Efiovers containeth Houfeboie. Hay bote, and very Penny- Weight into Twenty-four Grains and every Pound- Weight of old Sterling, or right Plough bote ; as if he have in his Grant thefc geStandard Silver of England, confiftcd then (as it neral Words, De rationabili Eflovcrio in bofis, docs now) of eleven Ounces and two Penny &V. he may thereby claim thefe three. In lomc Weight of fine Silver, and eighteen Penny Manors the Tenants have Common of Efiovers out Weight Allay. Vid. Lctvnde's EJfay upon Coins, pag. of the Lord's Woods, and pay a certain l'mll anFor the Standard of Plate and Silver Manu- nual Rent for the fame. Rationab.le Efioverium, 18.
and Mcafures,
rcail Britton, cap. 30.

derived

Eftoverium according to Spelman

factures, fee the Stat. 6 Georg.cap. 11. be deduced from the French Cffate

vide antea, Alimony.

Eftat, tcreft

(Eflrangcrjer Arc fometimes taken for thofe and fignifieth that Title or In- that arc not Privies or Parties to the Levying a which a Man hath in Lands or Tenements; Fine, or making of a Deed. Sometimes for thofc as Efiate-fimple, otherwife called Fee-fimple ; and that are born beyond Sea. which is as Qrap, (from the old French Efirayeur, Lat. Efiate conditional, or upon Condition,

May

Word

i.

Conditio,

Littleton

(kith,

lib.

3. cap. 5.

either

upon

Conditi-

Extrahura,
rat
ignoto

F'ecus quod

on in Deed, or

upon

Condition in

Condition in Deed is, where a dented infeoffeth another in Fee, referving to him and to his Heirs yearly a certain Rent payable at one Feaft, or at divers, upon Condition, that if the Rent be behind, &>c. that it fhall be

Law : Efiate upon Man by Deed in-

elaffum e cufiodia campus perer-

Domino) figmfics any Bcaft not wild, found within any Lordfhip, and not owned by any Man ; for in this Cafe, it being cried, according to Law, in the Market Towns adjoining, if it be not claimed by the Owner in a Year and a Day, it is the Lord's of the Soil. See Britton,
cap. 17. cap.
7.

lawful to the Feoffor, and to his Heirs, to enter into the Lands or Tenements, &c. Efiate upon Condition in Law, is fuch as hath a Confidcration in Law annexed to it, though not fpecified in Writing : For Example, if a Man grant to another by his Deed the Office of aParkerfhipfor

Trcl^ais concernant Efiray. The ancient Law tf King Ina was, Diximus de ignotis pecoribus, ut nemo habeat

and

Vide etiam Eftrays in the Foreft, 27 New Book of Entries, verlo

H.

8.

that

is his Life, this upon Condition Efiate Law, or implycd by Law, viz. if the or Duplicate, of an original Writing. For ExParker fhall fo long well and truly keep his ample, Of Amerciaments or Penalties fet down Park. I readalfoofan Efiate particular, which is in the Rolls of a Court, to be levied by the an Efiate for Life, or for Term of Years. Perkins Bailiff, or other Officer, of every Man for his Offence. See F. N. B. f. 57, Surrenders, 581. 76". and fo alfo 8. Cffattj.i frumenti, An old Meafure of Corn ; it is ufed, Wefi. 2. c. Clerh Of ttjK flMreatB, Clerieut extraBorum. See perhaps the fame with a Strike or Bufhel.

Term

of

Hundred!, five hominum Decennj, the Suiters at a Court-Lcct. Spel. Cflrfat, ExtraBum, Is ufed for the true Copy,
fine tefiimonio
is,

in the

&

in Clerk. Puke Lefcburcb reddit in gabulo ajffo xiii. libr. &> quatuor fummas Qp duo eftcchas frumenti, <8renatU$, Streightned, blockt up. InquiraCartular. Abbat. Glafton. MS.penes Dom. Clargcs. tur de viis Domini Regis eftrcciatis, Plac. Coron. temp. R. 1. b. fol. 40. See Sterling. dECregho^PB, Eaftern Boards, or Deal, or Fir <fitr[ing. ffoppel, From the French Efituptr, oppilare, brought from the Eaftern Parts for Wainfcot Et in fex Eftregbords denotes as much as an Impediment, or and other Ufes. obfiipare, Bar of an AHon, growing from his own FaS that videl. Waynfcots emptis apud Steresbregge 11. Sol. hath, or otherwife might have had his Action. 11. den. Paroch. Antiq. p. 575. Far Example, a Tenant maketh a Feoffment by Cflrepp, French Efiropier, i. Mutilart : To Collufion to one, the Lord accepteth the Services make Spoil by a Tenant for Life in Lands of the Feoffee ; by this he debarreth himfelf of or Woods, to the Prejudice of him in the Rethe Wardfhip of his Tenant's Heir. E N. B.fol. verfion. eUrepement or OEffrenamrnf, Efirepamentum, J42. Divers other Examples might be fhewed out of him, and Broke hoc titulo. Co. lib 2. fol. 4. from the French Word Efiropier, mutilare : Ir MiGoddard's Cafe, defincth an Efioppel to be a Bar or nifies the Spoil made by Tenant for Life upon Hindrance unto one to plead the Truth, and re- any Lands or Woods, to the Prejudice of the ttraineth it not to the Impediment given to a Man Rcverfioner, as namely in the Statute made by his own Aft only, but by another's alfo. Anno 6 E. 1. c. 13. and it may fcem by the DeriThere arc vation, that Efirepement is properly the unmca. Lib. 3. the Cafe Of Fines, fol. 88. three Kinds of Efioppel, viz. By Matter of Record, furable Soaking or Drawing out of the Heart of by Matter in Writing, and by Matter in fails ; of the Land by plowing or fowing it continually, without manuring, or other fuch Ufagc as is which fee Co. on Littl. fol. 3 52.

rcquiiite

: And yet Eftropier livered: And Jib. 2. cap. 23. fpeaking of the Prirequifite in good Husbandry mutilate, may not improperly be ap- fbner that ftandeth at the Bar to plead for his fignifying and of thofe that charge him with Felony, plied to thofe that cut down Trees, or lop them, Life, farther than the Law will bear. This fignifies al- He faith thus, Then he telleth what he c*n fay ; fo a Writ, which licth in two Manners ; the one after him, likewife all thofe who are at the Pri-

is, when a Man having an A&ion depending, (as a Formedon, or Bum fuit infra ttatem, or Writ of is Right, or any other; wherein the Demandant not to recover Damages, fueth to inhibit the Tenant for making Waftc during the Suit. The other Sort is for the Demandant, that isadjuged to recover Seifin of the Land in Queftion, and before Execution fued by the Writ Habere facias he feifinam, for fear of Wafte to be made before can get Poffeffion, fueth out this Writ. See

Apprchenfions, or who can make any Proof, which we in our Language call Evidence, aIt is called Evidence begainft the Malefa&or. caufe it makes the Iffuc evident to the Jury ; for Probations debent ejfe evidentcs Co. on perfpicue.
foners

&

Lit.fol. 183.

more

in F.

N. B.

foil,

and Reg. Jud.fol 33. ten find Vallum extrepamentum facere ; and Spelman thinks Eftrepamentum Gravis vafti genus

&

do, <Si. Reg. Orig. fol. 76. In anticnt Records we of-

<uiagium. Charta Regis Johannis Deo &> B. Johanni &> hominibus de Bcverlaco, quod Tint quieti de Theolor.io, Scutagio, Paffagb, Pefagio, Laftagio, de Wrec de Logan, de Stallagio Ewagio GP de Lene, &>c. Hill. 14 H. 3. In Thefauro Reg. Scacc. Ebor. Rot. 1 J. Euagium is the fame with from the Fr. Eau, and fignifies \Aquagium, aqua, a Toll paid for the Paflagc of Water. tobjICf, Adultery, from the Saxon Ewe, con

&

&

<fumarf, to excufc or effoin:

citi,

Cum

dies

SPc. venit,

non

potui,

&>c.

adire, fed

pla- jHgium, and bryce, fraBio. The Word occurs in the mifi e- Laws of King Edmund, SeB. 4. tho' in the Editi-

fumatores qui me efumaverunt apud Cantuar.

Du

Cange.
(Cfurium. Alborough. <Ctate p^ObflnOa. See JEtate probanda. <thb?icl). See Ewbryche. Cthfiintj or 3U()flinp, is a Saxon Word fignias fying Noble, and among the Englijb Saxons was the Title of Prince among us, or as the King's eldeft Son ; fuch was Edgar Atheling the defigned Succeflbr of Edward the Confeffor. Cambden. Edgar

this

on of Brompton, it is falfly wrote Ewice. From Saxon Ewe, Marriage, we derive our prefent

Engl/Jb

Words
is

to *ffoo, a Wooer.

German Word, but it-Was ufed by the Englifh Saxons, and fignifies a Law; 'tis mentioned in Leg. Wi<uM^De malefaBoribus qui vit* periculum fecundtim Euva Saxonum in
a
currere debent.

Ctoe

enaction Is a Wrong done by an Officer, or one pretending to have Authority, in taking a Reward or Fee for that which the Law allows JEtbeling, England's Darling. The Difference between ExaBion and Ex not. <et0tetum, The Wall in Stajfordjhire. <fbenJtig, The Delivery at Even or Night tortion is this, Extortion is, where an Officer of a certain Portion of Grafs or Corn, or Under- extorts more than his due. ExaBion is, where he wood to a cuftomary Tenant, who performs his wrefts a Fee or Reward, where none is due. See wonted Service of cutting, mowing, or reaping for Extortion. his Lord, and at the End of his Day's Work, re<&VS(10ies HHttfg, The King's ExaBors, fomeceives fuch a Quantity of the Materials he works times taken for the Sheriff. And in this Scnlc upon, to carry home with him, as a Gratuity or the Black-Book in the Exchequer, Part. 1. cap, Encouragement of his bounden Service. So in ult. Tabulas, quibus Vuecomes cenfum Regium coHigit Vtr- Rotulum Exactorium vocat the Manor of Burcefter, Com. Oxon. but generally Quigata ten* integra ejufdem tenur* habebit libe- cunque publicas pecunias, tributa, veBigalia &> res ram ad wfperas qua vacatur Evenings, tantum fifco debitas exigit, proprie nominatur Exaftor Rcut Falcator potejl per falcem levare &> domum Regis.
; _

portare per
.

Paroch. Antiq. pag. 401. ffijraminfrsf in Cfjancerp, Examihanres, Are the End of that two Officers that examine upon Oath, Witnefles Work. produced on either fide, upon fuch Interrogatories ffitofftrickflnre, Torkjhire, Heretofore fo called, as the Parties to any Suit do exhibit, to that Pur haply derived from the Latin Eboracum, from pofe ; and fometimes the Parties themfelves are which Eborac, and Evoric or Everwick corruptly is by particular Order examined alfo by them. Hereno flrange Variation ; and the Saxon Scyre,which tofore there was fuch an Examiner in the StarShire. WiUielmus Rex Angli* 71>om<t Chamber, but the Court being abolifhcd, the Offignifieth de Vtrdon Baronibus fuis fice and Officer is extinft. Archiefpicopo &P Betramo Francis Crannual 3RoD, In the old Way of delivering Anglis de Everwicfcire, &c. Charta Will. Conq. It is alfo written Ewyerefcire, in Rot. the Sheriffs Accounts, the firm* mortut, vel obfoleU, Magvo, 30 Hen. a. And elfewhere Eborac- i. e. illeviable Fines and defperate Debts, were
ipfum
r-

See Mr. Rennet's

Glojfary, at

&

&

fchrta.

tranferibed into a Roll called the Exannual Roll, Cbe^Djoprjersr Are fuch as (land under Walls which was to be yearly read to the Sheriff or Windows by Night oy by Day, to hear News, upon his Account, to lee what might be gotand to carry them to others, to make Strife and ten. Read Hale of Sheriff Accounts, p. 67. Debate among.Ncighbours Thefe arc evil MemCl'tambiatO^ Was anciently ufed for an Exbers in the Commonwealth, and therefore by the changer of Land, [fuch I fuppofe as we now call Stat. Weft. 1. cap. 33. ave to be puniflicd. And Brokers, that deal upon the Exthange between this Mifdemeanor is prclentable and punifhable Merchants]. In libra cbartarum Priorat. Leominft. in the Court- Leet. it is faid, Ita 2. de anno 2 Ed. Kitchin-fol. 11. quod unufCbifcntf, Evidentia Signifies generally any quifque eorum qui damna fuftinuit aliquo cafy Proof, be it Teftimony of Men, Records or Wri- contineente, quod Excambiator refundat damna, Sir Thomas Smith ufeth it in both Sorts, lib. &c. tings. a. cap. 1 7. in thefe Words, Evidence is authenti(Exception, Exceptio, Is a Stop or Stay to an cal Writings of Contrafis, after the Manner of Aftion, being ufed in the Civil and Common England ; that is to ifay, written, fcalcd and de- Law both alike, and in both divided into dilatory
if

'

and

EX
ind peremptory:
5.

E
lib.

Of

thefe fee BraSon,

Rritton, cap. 91
,

5.

traS.

per totum,
<ljrrpller.

and
See

Jia.

Ifca.

Excambium vtl Cambium, Hath a peculiar Signification in our Common Law, and is
<Crc(lHt}P,

lib. vocat. Textus. Roffenfti. By the Eeclcfiaftical Laws an excommunicated VzrCon was not to be buried, but the Body \ps ufually flung into a Pit, or covered with an Heap of Stones which was cal-

led imblocare corpus. Hove.'en, pag. 706, 775, 801, ufed for that Compcnfation which the Warran- 810. Ordericus Vitalis, lib. I 3. p. 908. And it Was tor mult make to the Warrantee, Value for Va- a common Opinion, That though the Body was from cxpofed to the Weather, yet it never penfhed, lue, if the Land warranted be recovered the Warrantee. Brad. lb. 2. cap. 16. &f lib. I. but remained whole, as a terrible Example to all Mat. Pari/ .p. 464. It fignificth alfo generally as much as Pofterity. tap. 19. Cirpmmunirato raumioo Is a Writ direfiod Permutatio with the Civilians, as the King's Ex2 to the Sheriff for the Apprehcnfion of him who 1 H. 6. 3. Slat. cap. 1, S" 4. and 9 change. 7- which is nothing clfe but the Place ap- ftandeth obltinatcly excommunicated forty Days cap. for fuch a one not fecking Abfolution, hath, or pointed by the King for the Exchange of Bullion, Gold, Silver, or Plate, &c. with the King's Coin. may have his Contempt certified into the Chant

Thefc Places have been divers heretofore, as apStatutes But now there is pearcth by the faid one, viz. The Tower of London conjoined only with the Mint, which in Time part might not be, as appeareth by 1 H. 6. cap. 4. <fcr;rh.ingecuB Are thole that ufe to return Money beyond Sea, by Bills of Exchange, which not to be done without by the Stat. 5 R. 2. ought
:

ry,

whence

iffucth

this

him up without Bail or Mainprife, until he conform himlclf. F. N. B. f. 62. 5 El. c. 23. Reg.
Orig.f. 65, 67, 70. <ljccominuuiraro oPlibfranDo Is a Writ to the Under-Sheriff, for the Delivery of an excommuni-

Writ, for the laying of

the King's Licence. See Efcambio. See Efchequer. <rrt)equcr. CjrcheatPr. Sec Ifheator. (Eycifc Is a Charge or Imposition laid upon Beer, Ale, Cyder, and other Liquors, within the Kingdom of England, Wales, and Berwick, by Aft of Parliament made 12 Car. 2. cap. 15. during the to the Rates in the King's Life, and according
faid
1 7

Perfon out of Prifon, upon Certificate of tho his Conformity to the Jurifdi&ion F. N. B- fol. 63. and Reg. Orio. Ecclefiaftical. fol. 6$, &> 67. CrcommuniratO rPfipicnbo Is a Writ whereby Perfons excommunicate, being for their Obftinacy committed to Prifon, and unlawf. lly delivered thence, before they have given Caution to obey the Authority of the Church, arc commanded to be fought for, and laid up again.
cate

Ordinary of

Reg.

Act mentioned.

Sec

3 Car.

2.

cap.

3.

and

Car. 2. cap. 4.
^Eyclufa,

Orig.f. 67. <jrecurion, Executh, In the

nifies the
laft

Common Law

U p,
.

Sluce for Water dam'd or pent Et ripam Saverna in Forejla fua ad

Ettor.a.

fig-

Performance of an Act, as of a Fine or a Judgment. And the Execution of a Fme,

tenendam Exclufam pifcari* vel molendini At Cart. Hen. 1. in Mon. Angl. torn. 1. Exdufagium is of the fame Import, as

the obtaining Poffcflion actually of the Things contained in the fame by Virtue thereof, which Dedi is either by Entry into the Lands, or by Writ;
is

in puram Eleemofynam exclufagium de pifcaria &P molendlno de Wederhalia. ftagnum "Mon. Anglican, torn. i. pag. 398. And nearer to our prefent Englifh, Slufagium ex dono Richardi Filii Luc* fluiagium utitim fuper terram [nam ad molindinam Monachorum fullericum,

large Weft. part. 2. Symbol. Tit, 126, 137, 138. Executing of Judgments and Statutes, and fuch like, fee F. N. B. in indice 2. verbo Execution. Co. in bis 6 Rep. Blomfeld's Cafe, /. 87. makcth two Sorts of Executions, one final, another with a quoufque tendib. p. 868. ing to an E"d : An Execution final is that which icIUfasiUTt was a Payment due to the Lord makcth Money of the Defendant's Goods, or cxfor the Benefit of having a Sluce. Et duo molendi- tendcth his Lands, and delivered) them to the for this the Party acccptcth in Satifna ineodem manerio cum aouis Excrufagiis,gr*. Mon. Plaintiff 1 Tom, 398. 587. fa&ion, and this is the End of the Suit, and all (grcnmiiipnscmpn', 3 H. 8. cap, 3. Is in that the King s Writ commandeth to be done. Law French, the fame with Excommunication in The other Sort with a Quoufque is tending to an End, and not final ; as in the Cafe of a Capiat Englifh. CvCOtntntinication, Excommunicatio, Is thus de- ad fatisfaciendum, Qpc. This is not final, but thQ fined by Panormitan, Excommunicatio eft nihil a- Body of the Party is to be taken, to the Intent liud quam cenfura a canone vel judice Eccleftaftico pro- and Purpofe to latisfy the Demandant, and his lata privans legitima communione Sacra- Imprifonment is not abfolute, but until the Deir.ftiBa, mentorum &- quandoque hominum. And it is divided fendant do latisfy. Idem ibid. in (Eircuticne faricnoa is a Writ commanding Majorem &> Minorem ; Minor eft, per quam quis a Sacramentorum participatione confeientia vel fenten- Execution of a Judgment ; the divers Ufcs wheretia ar etur : Major eft qua nan folum a Sacramento- of fee in the Table of the Regi/ler Judicial. <Kiefufione faufnoa 111 ltfirofriiamium is a rum, verum etiam pdelium communicne excludit, &P ab omni aBu legitimo feparat & dividit. Vcnatorius Writ that lies for taking his Cattel, who formerde fentcn. excom. The Form of an Excommunicati- ly had conveyed out of the County the Cattel of So that the Bailiff, having Authority on was of old thus, AuBoritate Dei Patris Omnipo- another filii tentii, Spiritus SanBiSf Beau Dei Gene- from the Sheriff to replevy the Cattel fo conFines,
feci.
:

&

whereof

fee at

&

&

&

tricis

Marise, omniumque Sanllorum Excommunica- veyed away, could not execute his Charge. Reg. a limitibus SanBa Ma- of Writs, f. 82. b, mus, Anathematizamus

&

MalefaBores N. confendPtUfcy, Executor, is he that is appointed by nip reftpuerint *= ad any Man in his laft Will and Teftnmcnt, to fatitfaBionem venerint, fie ext'mguatur lucerna eorum have the Diipofing of all his Subftancc, accordContents of the faid Will. This ante vivevtcm in fecula faculorum. Fiat, Fiat, Fiat, ing to the Amen. Ex emendat. Legum Will. Conjuefteris in Executor is either particular or univerf.J ; Patt'uutris Ecclefts

fequcftramus

illos

taneos quoque

&P

participes,

&

4
-

l*r>

or that Thing only be committed Charge Unviverfal, if all. And this is in the Place of him whom the Civilians call Hxredem or Teflamentarium ; and the Law acdefignatum, counted him one Perfon with the Party whofe Executor he is, as having all the Advantage of AHon againft Men that he had, fo likewife being Man's Action as himfelf was. fubjeft to every This Executor had his Beginning in the Civil Law, by the Conftitutions of the Emperors, who their firft permitted thofe that thought good by Wills to beftow any Thing upon godly and chatar, as if this

to his

Devifor entreth into them, and detaineth them from him. Reg. Orig. fol. 244. Old Nat. Brev. SeeF. N. B. fol. 198. fol. 17. rrjenium, Exennium, A Gift, a Prefent, a Token more properly a New-Year's Gift,
,

In expenfis Domini Regis

& eKhcnniis, eidem

fattis a-

pud iarendon centum

Ixxv. Sol.

Ex Compoto domus de Farendon. MS. penes W. Kennet. fol. 31.

fex denar. in expenfis Domin* Regin/t ibidem pernoilantis &> exhenniis, eidem fattis
fol.

whom they pleafc to fee the fame performed : And if they appointed none, then they ordained, That the Bifliop of the Place mould have Authority of courfe to efritable Ufes, to appoint
fect
it.

Lib.

hence probably grew the Ufe of Univerfal Execu(Eprflbitio, An Allowance for Meat and Drink, the Administration of their fuch as the religious Appropriators made to the tors, and alfo brought poor depending Vicar. So in all Churches ap> Goods, that die inteftatc, unto the Bifhop. Vicarius dErcrutoj De fort toit, Or Executor of his own propriated to the Abbey of Ofeney. him the Office of habebit fufficientem exhibitionem,j?r* Canonici quoad wrong, Is he that takes upon an Executor by Intrufion, not being fo conftituted viBualia in menfa Canonicorum, ubi Canonici moram faciunt. Paroch. Antiq. pa. 304. The Benefacti by the Teftator nor for want thereof, appointed the Ordinary to adminifter: How far he fhall ons fettled for maintaining of Scholars in the Uniby be liable to Creditors. See 43 El. ca. S.Dyer, 166. vcrfity, not depending on the Foundation, are and vide etiam libellum vocat. The Duty of Execu- now called Exhibitions.
;

28. cap. de Eifcopis

&

Clericis.

And

When a Deed, Acquit<Ej:f)ibif, Exhibitum, tance, or other Writing is in a Chancery Suic exhibited to be proved by Witneffes, and the Examiner writes on the Back that it was fhewed to fuch a one at the Time of his Examination ; this is there called an Exhibit. The Word is mention14 Car. 2. cap. 14.

tors, cap. 14.

<retnplitiraticme
Exemplification

Writ granted for the of an Original. See Reg. Orig.fol.

Is

290.
cap.

remplificafion of Heffrrei 1&affnr, An. 13 El. Is a Copy or Duplicate of Letters Pa6. tent made from the Inrolment thereof, and fealed with the Great Seal of England which Exemto be fhewed or as effectual are" plifications as the Originals themfelves. Nota, County-Days one after another, charging him to pleaded, to be ex- appear under the Pain of Outlawry. Termes de la nothing but Matter of Record ought See Co. 5. Rep. Page's Ley. This Writ lieth alfo in an Indictment of 3 hfi.fol. 173. emplified. Cafe. Felony, where the Party indicted cannot be vrmnlum, and rrmnfafa. terra, the fame found. Smith de Rep. Ang. lib. 2. c. 10. It fcemeth to be called an Exigent, becaufc it cxacteth with Affart, and Lands afarted. (Pvftnnfion Is a Privilege to be free from the Party, that is, required his Appearance, to Service or Appearance ; and therefore a Baron anfwer the Law for if he come not at the laft and Baronefs, dignitatis caufa, are exempted to be Day's Proclamation, he is faid to be Quinquiet fworn upon any Enqueft. Co- lib. 6. fol. 53. Al- exaBus, and then is outlawed. Ctom. Jurifd.fol. fo Knights, Clerks, and Women are exempted to 188. And this Manviood alfo fetteth down for the appear at the Sheriff's Turn, by the Statute of Law of the Fore/?, c 1 8. See the New Book t[f EnMarl. cap. 10. And a Man may be exempted from tries, vtrbo Exigent. (Crigenffr, Exigendarius, 18 H. 6. cap. 9. Is an being put upon Enquefts and Juries by the King's Letters Patent, as the College of Phyficians, Lon- Officer of the Court of Common Fleas, of whom there be four in Number They make all Exidon, were by Letters Patent of H. 8. Co. lib. 8. 108. gents and Proclamations in all Actions, where fol. (JEienitim, a Reward or Gift, or any Payment Procefs of Outlawry doth lie, and Writs of Suin the Name of a Gift. BracJon, lib. 5. trad. J. perfedeas, as well as the Protonotaries, upon fuch But the c. 4. Exigents as were made in their Offices. Beta, lib. 2. c. 71. jrernfualC Was anciently ufed for a Heriot, making Writs of Superfedeas is fince taken from Exercituale Vironis five Baronis Regis, qui erit proxi- them by an Officer in the fame Court, erected by This King James by Letters Patent, towards the later mus ei, quatuor equi. LL. Edw. Conf. 1. demonftrates the Deriv*tion of Heriot or Here- End of his Reign. Here , Exercitus , becaufc the old jrilium, Warte, Dcftruction, as in the Stagate from feudal Heriot was paid only in Arms or Military tute of Marlebridge under Hen. III. c. 25. Firmarii tempore firm arum fuarum Accoutrements. vaftum, venditionem <rfrftPirTf. To break the Peace, to commit o- vel exilium nonfa.ient de domibus, bofcis, vel hominiFrom the Saxon Frede, Frith, ius where exilium relating to Hominibus, feems pen Violence Si quis to be the Injury done to an Eltate in Peace. Frithian, to protect. refpect of &" domum exfredict, nee tamen aliquem the Tenants, by altering their Tenure or Condiprofiliat,
;
:

jrigenbarp of the Common fl&encf), ExigendaBanco Communi, Is otherwife called Exigenter, 10 H. 6. c. 4. and is an Officer belonging to that Court, for which fee Exigenter. Cngent, Exigenda, Is a Writ that lieth where the Defendant in an Action perfonal cannot be found, nor any Thing within that County, whereby he may be attached or diftrained ; and is directed to the Sheriff, to proclaim and call him five
rius de

'

percutiat,

dimidio forisfafto
1.

culpa

confifiat

cap. 31. del qratoi SET. frfln Is a Writ that lieth for him to whom any Lands or Tenements in Fee within a City, Town, or Borough, being devifable, are devifed by Will, and the Heir of the

Leges H.

tion, by ejecting, this indeed is the

advancing, remitting, &c. And Senfe that Fleta does cxprcfly

determine.

convertibiliter fe

fed exilium \a tenementis fuis

DefiruBio fere equipollent, & habent in domibus, bofcis &> Gardinis, did poterit, cum fervi manumittuntur&>

Vaflum

&

injuriofe ejkiuntur.

Fleta,

lib. 1. c. 11

CriruV,

E
ClltUB,
Robert utn
tie

X
to Hold qui genuit
1

E
:

IiTue,

Child or Children.

Aljreton Baronem qui per uxorem ejus babuit cxitum Thomam Filium

"Mon. Aaj;l Tom. 2. p. 607. fol. 53. affi Law Writings, and in fomc ufeth the Adjcftive Expectativa frequent in our old ' fubitantivcly in the Chancel of the fame Signification, Defers. Epitaphs, as on a Ground-ftonc in 192. num. 2. pag. the Parifh-Church of Amerfden, in the County of 41 2.
dem
is

to them and their Heirs. In this Cafe, Agnetem they have Fcc-fimplc But if it be given to them, c> Hare- and the Heirs of their Body, &c. they have Tail and The Word Fee expetiant. Kit bin, 1 Mattbaus de Hn

Cjrpfbimrntum, Bag and Baggage. Dixit ft Sepultus eft hie Johannes Denton, filial Johannis Denton fcP Magdalen* uxoris non habert literas prtt manibus, quia mifcrat eas cum trimogenitus TheodoreU Blondell uni filiarum Johannis Expcdimcnto ad Wtntoniam. ejus, nuptus iprOltute, (Exited i tare vtl Expealtare,) in the Blonde!!, &P mcriebatur fine cxitu t corpore ejus exeunte in vita prtdMi Johannis feptimo die Septemb. Forcft-Laws, fignifies to cut out the Ball of Dog Forefeet, for the Prcfcrvation of the King's 1)66. (Cnfllflf, Iflues, the Rents or Profits of Lands Game. Every one that keeps any great Dog, or Tenements Et fciat vicecomes quod redditus, blada not expeditated, forfeits three Shillings and four in grangia,Hf omnia mobilia prteter equitaturam, indu- Pence to the King. The Ball of the Foot of domorum continentur fub nomine Maftiffs is not to be cut oft", but the three Claws menta, utenjilia of the Forefoot to the Skin. 4 Part. Stat. 1 1. Wcftm. cap. 43. cxituum.
Oxford.
:

&

CrlfgaljfAii,

(Cnhimniari de
3 8.

who

is

profecuted as an

Exlegalitate) is he Outlaw. 'Tis mentioned

Nulla s Domini
chorum
cxpcaltari

ln(l. fol.

308.

os

canes Abbatis cjJ

Mona-

cogat.

Charta. Hen.
fint quieti de

in Leg. Edzv. Confejf. cap.

Ex Magno <&X tnero nioru Are Words formally ufed in any Charter of the Prince, whereby he fignificth, Ed. i. I do not find this relates to Maftiffs that he doth that which is contained in the Charonly, but ter of his own Will and Motion, without Petition to every Man's Dog who lived near the Forcft, or Suggcftion made by any other and the Elicit and to the Dogs of the Foreftcrs thcmfclves. And of thefe Words are to bar all Exceptions that this Expeditation was to be done once in every
;

de Rading, mentis canum.

5.

Abbati

Et

EfpcditaRot. Up*, de Anno o

might be taken unto the Inftrument, wherein three Years. Du Frefne. VpeoitM'a: irbo,.e, Trees rooted up, or cut they be contained, by allcdging, that the Prince in pafling that Charter was abufed by any falfe down to the Roots. Inquiraturdt
Suggeftion. Kitcbin,
J,"
fol.

quer.ubus
vel ft

152. Co.

lib.

I. fol.

45.

<*>

aliis

.flDf&ilO,
1

Stat.

Eliz-

By Virtue of a Branch of the cap, 1. the Queen by her Letters

aliquo

arboribus cxpeditatis in forefta ingenio alio dictas quercus cadere

fecerint.

Flcta,

Patent might authorife any Perfon or Perfons, Sfc. to adminiftcr an Oath Ex Officio, fo called, becaufe the Ecclcfiaftical Judge did it ex Officio the fuppofed Delinquent was comfuo,~) whereby to confers, accufe, or purge himielf of any pelled criminal Matter, and thereby be made liable to Cenfure or Punifhmcnt, 0Ffc The Branch of which
Statute relating to the faid Oath
Car.
1.

lib. 1. cap. 41. Sea. 31. luenOitojB, Anno 37 H. 8.

cap.

it.

Seems

to

fignify thofe that pay, disburfe, or expend the in the Statute mentioned, Anno

Tax
2.

The Steward or fworn Officer who Paymafiers. fupervifes the Repair of the Banks and Watercourfes in Romney Marfh, is now called the Expenditor.

by

Jac. cap.

OJrpenGtf mi'Iif inn lefcanoitf Is Writ direSto the Sheriff for levying the Allowance for rnnfrafionc fectse Is a Writ that lay for the Knights of the Parliament. Reg. Orig. fol. ipi. ipen&s tntlttum non leuaiu 10 ab nonumtiuf King's Ward, to be disburthencd of all Suit, &c. to the County, Hundred, Leet, or Court-Baron, it IDommtro, nee a JBatibiF, Is a Writ to produring the Time of his Wardfhip. F. N. B. fol. hibit the Sheriff from levying any Allowance for the Knights of the Shire, upon thofe that hold in 5 8 antient Demefne, Sfc. Reg. Orig. fol. 261. rnffaflis agpr, A Field without Stones. CrplefS, fee Efpltts. Some are of Opinion, t'palmirr, To ftrike with the Palm of the Hand. Vide turn in horto ligatum, in atrio pontifi is that becaufe Expltts are the full Profits of the Expalmatum, i. t. Buftcttcd, Petr. Blefenjis, Ser- Land, therefore the Word mull be derived from the Lat. Expleo : But rather Ex placito, viz. from mon. 1 8 de Cbrifto. <r J&artr, (Lat.) Partly, or of one Part. In the Agreement made with the Lord to pay him the Court of Chancery it hath this Signification : fo much ex proventibus ten*. For Expletum fignifies A Joint-Commiflion is that wherein both Plaintiff thofe Lands or Farms, the Profits whereof are and Defendant join. A Conimiifion Ex parte is taken by the Lord. that which is taken out and executed by one Party Crpliria, einlftta. Crpfefn, The Rents or mean Profits of an Eftate in Cuftody or Truft. I only. 4Er parte falls* Is a Writ that lieth for a BaiCapiendo indt Explitia ad valentiam quin^ue or Receiver, that having Auditors aifigned folidcrum Qp amplius. Paroch. Antiq. p. 414. liff, to hear his Account, cannot obtain of them rea- See Efplees. fonablc Allowance, but is caft into Prifon by them rpiowro;, A Scout, In memoriam Henrici F. N- B. fol. 129. The Manner in this Cafe is to Croft equitis aurati, Exploratoris in Hibernia Gtnetake this Writ out of the Chancery, direQed to ralis, qui obiit anno 1609. where Explorator Generathe Sheriff, to take the four Mainpernors, to lis fignifies Stout-Mafter-Gcneral. Sometimes alfo bring his Body before the Barons of the Exche- it is ufed for a Huntfman, as Idem Abbas habens quer at a Day certain, and to warn the Lord, to cxploratorcs fuos {his Huntfmen) por.ere fecit rttia, fame Time. Terms de la Ley, verb. &c. In Itin. Pi kering, 8 Ed. 3. Rot. 4. appear at the Account. Wtalf' , The Entrails. Mures qui Extales corPctrus Blefcnfis, Epilt. 100. (JErpECtant Is ufed in the Common Law with rodunt. this Word Fee, and thus it is oppofite to FceertenCi, Extendere, In a legal Sen fe denotes tor Example, Lands are given to a value the Lands or Tenements of one bound finiplc. Mao and his Wife in Frank- marriage, to Have and StaV
is

repealed,

1 7

cap. 11.

ed

X
committeth

E Y
and is indictable for it, Mr. Well) may be referred the Exaction of unlawful Ufury, Winning by un lawful Games ; and in one Word, all taking of more than is due, by Colour or Pretence of
this Offence,

Statute, &C. that hath forfeited his Bond, to fuch an indifferent Rate, as by the yearly Rent the Creditor in Time be paid his Debt. The Courfe and Circumftances hereof, fee in F. N. B. fol. IJI.

To

this

(faith

Brief de execution fur Statute-Merchant. <L'tentH facial Is a Writ ordinarily called a Right, as exceffive Toll in Millers, exceffive Writ of Extent, whereby the Value of Land, &>c. Prices of Ale, Bread, Victuals, Wares, &c. is commanded to be made and levied in divers Weft. Symbol, part. 2. Tit. Indictments, fe&. 65. and Cafes, which fee in the Table of the Regifter Ori- Manivood faith, That Extortion is colore Officii, not virtute Officii. Crompton in his Juftice of Peace, ginal. (El'fcnt, Extenta, Hath two Significations, fol. 8. hath thefe Words, Wrong done by any fometimes fignifying a Writ or Commiffion to the Man, is properly a Trefpafs, but exceffive Wrong is called Extortion ; and this is moll Sheriff, for the Valuing of Lands or Tenements. by any Man Sometimes the Act of the properly in Officers, as Sheriffs, Mayors, Bailiffs, in Tabula. Reg. Judic. or other Commiffioner of this Writ. Efcheators, and the like, that by Colour of their Sheriff, Bro. Tit. Extent, fol. 313. \6 & 17 Car. 2. cap. 5. Office do great Oppreffion, and exceffive Wrong And it more frequently fignified the Eftimatc or unto the People, in taking exceffive Rewards or Valuation of Lands, which when done to the Fees, for the Execution of their Office : Great
uttnoft Value, was faid to be to the full Extent, whence our extended Rents or Rack-rents. H*c Extenta terrarum de terris Qp tenementis

Divcrfity of Cafes touching Extortion, you may read in Crom. Juftice of Peace, fol. 48, 49, 53. See the Difference between colore Officii and virtute eft valeant infiaurare, vel ratione Officii, Plow. fol. 64. Dive's Cafe. This Prioris de Durhurfte quantum &> quantum deinftaurare. Morv/Angl. torn. 1. p. Word is ufed in the fame Signification in other Ad inquirendum Mfti- Countries ; for Caval.anes de brachio Regio. part 5. 548. and in 2' torn. fol. 311. extentam per probos viros. Fleta, lib. 2. num. 21. thus defcribeth it, Et extortio dicitur mationem fieri, quando Judex cogit aliquid ftbi dari quod non eft cap. 7 1. (CjCtinctUlfhment, In our Laws fignifies, an Effect debitum vel quod eft ultra debitum, vel ante tempus peof Confolidation : For Example, If a Man have tit id, quodpoft adminiftratatn juftitiam debetur. (grtractfi <u;iae, The Iffues or Profits of holddue to him a yearly Rent out of any Lands, the fame Lands, now ing a Court arifing from the cutlomary Dues, and afterwards

&

purchafe both the Property and Rent are confolidated or united in one Poffeffor ; and therefore the Rent In like Manner it is, is faid to be extinguished. where a Man hath a Leafe for Years, and afterwards buyeth the Property ; this is a Confolidation of the Property and the Fruits, and is an the Leafe. See Terms de la Ley. Extinguijhment of So if a Man have an Highway appendant, and after purchafe the Land wherein the Highway is ; then the Way is extinS : And fo it is of Common appendant. But if a Man have an Eftatc in Land but for Life or Years, and hath Fecfimple in the Rent; then the Rent is not extinbut in Sufpence for the Time ; and after guijbed, the Term, the Rent ffiall be revived. And if there be Lord, Mcfne, and Tenant, and the Lord the Mefnalty is expurchafe the Tenancy, then but the Mcfne mail have the Surplufage of tinft Terms the Rent, if there bo any, as Rent-feck.
;

Fees, and Amercements.

Computant de

tri-

bus denarii s receptii de extractis unius Curias tent* apud Paroch. Antiq. p. 572. Bunefter. See Eftreats. <E)Etract or OEjrfreatB. CptraijuOfrial Is when Judgment is given in a Caufc or Cafe not depending in that Court,

where#fuch Judgment is given, or wherein the Judge has not Jurifdiction. (Eitra-^arornial, Out of any Pariffi, privileged or exempt from the Duties of a Parifh. Stat.
*2

& 23 Car.

2.

Of Subfidy.

Crtrana, The fame with Eftray. CttrabapntP, Thefe are certain Conftitutions of Popes, and are fo called, becaufc they are Extra Corpus
libros

Canonicum Gratiani, five extra decretorum

de Ley.
<E]CtirparP,

vagantur. Du Cange. Abbas igitur &P CenvenCrtuniae, Relicks. tus arcipientes evrum extumas cum gaudio in majorem tranftulerunt Ecleftam in maufoleo nobiliter exculpto. Cartular. Abbat. Glafton. MS. penes virum Rev.
Clarges,
f. 1 5.

To

CVuuerare, To overcome. It fometimes fignifies to apprehend or take if a Thief take any Thing as, Exuperare alium So in the at Hand, let him reftore it ; Et fi il/ud penitusTLx- vivum vel mortuum. Leg. Edm. cap. 2. make the Owner full Satisfa- Laws of King Alfred apud Brompton, cap. 7. Exutirpavcrit, let him ction. peretur ?? in Epifopi judicio refervetur. <&V, Infula, An Ifland. Domefday. rfirpatione Is a Writ judicial, that lieth ahim Cpt> of Igattfea. See Aery. gainft him, who after a Verdict found againft for Land, cr-c. doth malicioufly overthrow any <yet, Infuletta, A fmall Ifland or Iflet: It is Houfe upon it, &c. and it is two-fold, one ante corruptly called by the Moderns vulgarly an Judicium, the other pofi Judicium. Reg. Jud. fol. Eyght. <fcV2ar, An Ey, Eyrie, Brood, Nell: Sir Tliomas 13, 56, 58. "iBrtrcarf, To ftock up, to grub Wood-land, HavyU his Son and Heir entred to the faid ccc. Dedi e- Acres of Paflure, which Thomas releafed his and reduce it to arable or Meadow. de Tocheham de Title to the faid Poor, to have mi. Couples of tiam eis pratum quod Rogerus Mon. Angl. torn. Eyrare Swannys (/. e. Brood-Swans) in the Water, grava tjuadam extocaverat. with all Iffue and Profits. Munimenta Hofpiz. p. 71.

fpend or

lofc.
'tis

In the

Laws of Dom.

Edward the

Confeffor,

cap. 6.

provided, That unlawfully, and is near

agjmryenfur, for <pto?pentun or violent I'tO.Ztior', Extortio, Is an unlawful from any wringing of Money or Money-worth

tal.

SS. Trinitat. de PontefraBo.

Sce'Eire.

MS. f.

53.

<Bvn:
de

<Evtmtirlc,

An

old Meafure of Corn. Wittielmus

Elierfts
ordir.avit ut in die
xiii.

Man

For Example, If any Officer, by terhis Office, rifying any the King's Subjects in take more than his ordinary Duties or Fees, he
;

Longo Camfo Ejifopus

Ariniverfarii fui dentur tauieribus

Ifr/imento. Hiflor. Elieri.

Eytendeles de
F.

apud Whartom Angl. Sacr.

P.

1.

p.

63

3.

Who
;

F A
F.
ifag,
i.

F A
which by Saxon Cultom were faft bound for one another's peaceable Behaviour.
t.

to

anfwer
Cloth.
cap.
1.

Ion with a Weapon in the Church or I-rom the Sax. Fece, Intervallum. Jfaguor, A Badge wore in Times of Popery Churchyard, or draw any Weapon there with Intent to Itrikc, /hall have one of his Ears cut off; on the Sleeve or the upper Garment of thole and if he have no Ears, fliall be marked on the who had recanted and abjured what the then
.

Whoever

malicioufly fhall

ftrike

any Per- "Tis ufed

in this Senfc in the Sat.

Knot or Excrefcency 4 Ed.

in
4.

Check with a hot Iron, with the Letter F. that Powers called H#refy. For thofc poor terrified he may be known for a Fighter, or Maker of Wretches were not only condemned to the Penance of carrying a Faggot to fuch an appointed Gold or Place of Solemnity, but for a more lading Mark una Fa- of Infamy, they were to have the Sign of a bricatura. Faggot embroidered on one, and fbmctimcj each Jfaujick 'danfg Are Lands given to the Re- Sleeve. And the leaving off this Badge or Faggot building, Repair, or Maintenance of Cathedrals, was often alledgcd as the Sign of Apoftafy. t. Malice or or other Churches, and mentioned in the Aft Of ^FaiDfl, deadly Feud. Et porttt
Frays.
5
sir-

6 E.

6. cap. 4.

#ab;ii'arillii, /'. e. Vcffcls made with Item undecim ciphi argetitei plant de Silver.

11 Car. 2. cap. S. In ancient Time every fraffionem erga cognationem. Leg. H. I. cap. 88. one ulmolt gave by his Will, more or lefs, to the From the Sax. Fehtb, Immicitia. Fabrick of the Cathedral or Fari/h-Church where 5Fainf, alias ^feint-SHitlon, (Fr. FeinB,) is as he lived. And thefe were called Fabrick-Lands, much as Feigned Ait'wn, that is, fuch Aftion, as
Oblivion,

becaufe given ad Fabricam Ecclefl* reparandam. albeit the Words of the Writ be true, yet for In Dei nomine Amen, fc*V. Die Veneris ante feflum certain Caufes he has no Title to recover thereby. Nativitatis SanHi Johannis Baptifiz, Anno Domini, And a falfe ABion is where the Words of the Writ 1415. Ego Richardus Smith de Bromyard condo Te- are falfe. Coke on Littl. fol. 361. Yet fomctimes ani- they are confounded. jlamentum meum in hunc modum, Imprimis lego tfaint;12>lraorr (from the Fr. Feintt, falfus) figmam meant Deo P heat* Mari* Qp omnibus Sanctis,
Corpufjue meum fepeliendum in Item lego burg* de Bradway. thedralis Hereford xii d. Item Beat*, Maris, de Bromyard xl

Woodhoufe xx d. Thefe Fabrick-Lands

de

Eda falfe, covinous, or collufory Manner of Fabricsc Ecclefi* Ca- Pleading, to the Deceit of a third Party. 34 Qp 8. lego Fabric* Capell* 3 5 H. cap. 24. d. Item lego Fratribus i. *. tfiiiran , or tfairanDman, Vagrant. Refiduum vero bonorum, Qfc. From the Sax. Faran, To go or wander.
Cocmeterio Beat*
nifics

the Saxons called

Timber-

^Pair JPfeaoinfcu

See Beaupleder.

(Feria) Cometh of the French Foire, and figuifies as much as Nundin* Frontifpiece of an Houfe. Feats of Arms, Jufts, Tour- with the Civilians, that is, a folemn or greater jFacta naments Rex Richardus in Angliam travflens Sort of Market, granted to any Town by Privifor the more fpcedy and commodious nit Fafta armorum qu* vulgo Torneamenta di- lege, flat Hilt. cuntur, in Anglia exerceri. Joh. Brompton Provifion of fuch Things as the Subjeft needeth, or the Utterance of fuch Things as wc abound in in Ric. 1. p. 1 261. above our own Ufes and Occafions; both our factum, A Man's own Aft or Deed. Pr*diBus vero Willielmus poflea per eoncordiam quietam Englijb and the French Word fecmeth to come of clamavit libere & pacific ab omni fervitio diBam ad- Feri* becaufe it is always incident to a Fair by ut patet per faftum fuum. Mon. Angl. Privilege, that a Man may not be moieltcd or vocantiam arretted in it for any other Debt, than what torn. 2. p. 246. jFartlltCt Facuhas, As it is rcftraincd from the was firft contracted in the fame, or at leaft was a particular promifed to be paid there. 1 7 . 4. cap 2. and 1 original and aftive Signification, to Undcrftanding in Law, is ufed for a Privilege, R. 3. cap. 6. or fpecial Power granted unto a Man by Favour, Sfstt, In Latin FaBum, Deed, which is a Indulgence and Difpcnfation, to do that which Writing fealcd and delivered to prove and teftify by the Common Law he cannot do ; as to cat the Agreement of the Parties, whofe Deed it is, Flefli upon Days prohibited, to marry without and confifts of three principal Points, Writing, Banes firft asked, to hold rwo or more Ecclelia. Sealing and Delivery. By Writing is fhewed the ftical Livings ; the Son to fuccecd the Father in Parties Name to the Deed, their Dwelling-places, And for the granting Degrees, Thing granted, upon what Confideraa Benefice, and fuch like. of thefe, there is an cfpecial Court under the tion, the Eftate limited, the Time when granted, 2. Archbifhop of Canterbury called The Court of the and whether ftmply, or upon Condition, &c. Faculties, and the Chief Officer thereof the Ma- Sealing is a farther Tertimony of their Con/ents, tter of the Faculties, Magifter ad Facultates, whofe as appears by thefe Words, In Witvefs whereof, Power to grant as aforefaid, was given by 25 H. &c. In cujus rei tefiimonmm, &c. without which Sec 2S H. 8. cap. 16. and 4 par. infl. the Deed is infufheient. In the Time of the S. cap.il. Saxons our Anteftors they only fubferibed their fol 337Engl. Anno 4 E. 4. cap. 1. i.e. A Countryman. Names, commonly adding the Sign of the Crofs, ^facftifna, 5fae8ing fflSV,, i. e. Vaflals. Nee Rex fuum and in the End fet down a great Number of vel habentes homines, quos nos dicimus WitnelTes, not ufing any Kind of Seal, which pajlum reruirat, Fsefting-mcn, nee eos qui accipitres portant vel Falco- Fafhion continued until the Norman Conqueft ; Cuftoin by litde and little prevailing, nes, &c. Charta Ccnulphi Regis Merciorum in whofe . anno 821. In Monaft. Anglican, torn. 1. p. 100. brought in the Ufe of Seals. The firft fealcd Du Frefne renders this Word Homines commendati j Charter in England, fuppofed to be that of Man, Edward the Confeffor to the Abbev of Weftminfter, Fitting, commendatus VaJfaUi, ex Sax. homo : And fays, habentes idem valet ac divites. But which he being educated in Normandy brought I rather think Fxfling Men and habentes homines thence : This Change is mentioned by Inputyhus, mean rather Pledges, Sureties, or Bondimcn, who came in with the Conqueror, in thefe Words,
Londs.

frmtt,

alias

jttflt,

jf acme,

The $rmo;um,
i.

e.

&

Normanm

Normanvi
aureis

&

Chirogtaftili'm

confeclionem

{cum

crucibus
fo-

aliis fignacftlis faeris in

Anglia firmari

Liberty Land.

to fold their

W. M.

own Sheep upon

their

own

tenet

litam) in ceram imprejfam mutant, modumfi fcribendi but this Cuftom was at firft Anglicum rejiciunt ufcd only by the Nobility, as appears in the HiItory of Battel Abbey, where Richard Lucy Chief in the Time of Henry the SeJuftice of England, cond, is reported to have blamed a mean Perfon for tiling a Seal, which (he laid) pertained only to the Nobility ; yet, in Edward the Third's
;

Bosbury 8C quoddam tatem Domini, debet quafdam confuetuJines, viz> Tak, c> Tall, Faldfey, fanguir.em fuum emere Liber niger Heref. fol. 1 j8. Sec Faldage

& &

acras terra Cuflamaria in molendinum aquatkum ad volunix.

&

The

Liberty of folding or penning Sheep by Night, is ftill in Norfolf called Fouldage. iFalBnTUtig-neilPlia, is the Money paid by the Tenant to the Lord of the Soil, that he may be

Seals became very common, according every Man's Fancy. 3. Delivery, though it be
laft, is

Time

to
fet

for after a Deed is written ; jFalmao;, i. e. The higheft Seat of a Bifhop, be not delivered, it is to no inclofed with a Lcttice. From the Sax. Falde in all Deeds, Care mult Septum, and Stor, Lous. Purpofe: And therefore be taken that the Delivery be well proved. jFalbtourft) fignifies a Perfon of Age, that he Jraitoure (a French Word antiquated; for the may be of fome Decennary From the Saxon modern French is Faifour, i. e. Factor) is ufed in Fald, Decuria, and Worth, Dignus. See Frankthe Stat. 7 R. 2. cap. J. in the evil Part, fignify- pledge. Volo ut Abbas, &c. habeat focam in omnibus it may not improbably be fuper omnes homines qui funt Morthwrithi, Ferding a bad Doer or from Faitardife, writhi, &> Faldwrithi, in ijlo Hundredo. Du interpreted an idle Liver, taken which fignifies a Kind of fleepy Difcafe, proceed, Frefne. iFaleiae, (Lat. Phalera.) Cum Bigis &P Cunts &> ing of too much Sluggilhneis, which the Latins caU Veternus : For in the faid Statute it feems to cateris Faleris. 2 Mon. Angl. fol. 256. b. The Tackle and Furniture of a Cart or Wain. be fynonymouswith Vagabond. A Jacket, or clofc Coat. ^Faltfia, A great Rock. Conceffi quod habeant Jfalani?, Grafs. longam viam fuper Falcfiam petraria per totam Jfalcatura, One Day's mowing or cutting Mon. 2 Tom. pag. Fakart ptata, to cut or mow down Grafs in Mea- longitudinem ditii falefii. dows hay'd, or laid in for Hay, was a cuftomary 165. and jfal^i;", (Fr. Falaize,~) a Bank, jFalefia, Service for the Lord by his inferior Tenants; FaJcatura una, was the Duty of one Time mowing ; Hill, or Down, by the Sea-fide. Coke on Littleton, Falcator was the fcrvile Tenant, performing this fol. 5 b. #a. tularin alias ^folfe'IanO. See Copyhold and Labour; Falcata was the Grafs frcfli niow'd and See Mr. Rennet's Gloffary, in Freehold. laid in Swathes. Fakare. jFatlOtosIanD. (Saxon Fealta) See Wareetum. 5Fallum, A Sort of Land De dualus acris Sp vi^FahT, A Falcon, Falconarius, a Falconer, Fala Jer-falcon, Falco Spuarius, a Spar- ghti Fallis in Lairiwait. Mon. Angl. 2 Tom. fol. co Gentilis, row-Hawk. King jfohn, in the 14. of his Reign, 425.

exempted from Seila falda, Sheep in the Lord's Fold.

i.

e.

from Folding

his

not the

leaft
it

and fealed,

if

granted to
Rodher
fenpta

Owen

Fitz-David,

and

Griffin

Fitz-

tria cantreda

Unenda

per fervitia fub- folk,

decern leporarios, tiles &> Spuarios

& omnes

unam motam canum

accipitres

per annum, c> Falcones gen-

&

ifafmofum, tfafchefmof?, Folkmote, From Sax. People, and mote or gemote, a Convention or Affcmbly ; fo as a Falkmote was a general

diHorum trium Cantredorum

Word for a common Meeting or general Affcmbly of the People, and did extend to three feve-

ciently

avoid tumultuary Riots, was devolved to the AfKing's Nomination, Annoi$i$. 3 Ed<w. 2. ter which the City Folkmote was fwallowed up in a Ecclefia Scarnebrune, cum dimidia Fald-foca, &V. Cartular. fclect Committee or Common Council, and the
Libertas falda
faldagii. Rogerus Rujleng concept B. Maria de Wimor.dham 40 acras terra in

JfalDapf , Faldagium, h a Privilege which anfeveral Lords referred to themfclves, of fetting up Folds for Sheep in any Fields within their Manors, the better to manure them ; and this not only with their own, but their Tenants Sheep, which they called Se&a falda. This Faldago in fome Places they call a Fold-courfe, or fome old Charters Faldfoca, that is, Free-fold, and in

ral Kinds of popular Concourfe. 1. It Pat. 14 Joh. fignified f alDa, A Shcepfold, Et quod oves Jlnt levantes &" a Common Council of all the Inhabitants of a cubantes in propria falda Canoxicorum pradiHorum. City, Town, or Borough, and was then otherwife called the Burgmote or Portmote, conven'd Rot. Cart. i(5 Hen. 3. ra. 6.

often by Sound of Bell, called Mote-hill, to the Mote-hall or Mote-houfe. Or, 2. It was applied to a larger Congrefs of all the Free Tenants within a County, called the Shire-mote, where formerly all Knights and Military Tenants did their Fealty to the King, and elc&ed the annual Sheriff on Offob. 1. 'till this popular Election, to

or

Monafterialis Ecclefia: praedicL pag. 48.

De Fal- County Folkmote

in the Sheriff's

Turn and

Aflifes.

dagio habendo ad ducentos bidentes \ ad plus, in villa But 3. The VVord Folkmote was fbmetimes of a de Atheburg. Mon. Angl. 2 Par. fol. 275. a. lefs Extent, and denoted any Kind of populous 5Faira3CUrfu?, A Sheep-walk or Feed for Sheep. and publick Meeting, as of all Tenants at the Court-Lcet or Baron of their Lord. So as to a iVentris, 139. jpalData, A Flock or Fold of Sheep, as many Charter of Wido de Meriton, about 10 Hen. 2. as were ufually folded in one Cote, Pen, or Fold. Tejles donation^ funt Falco Sacerdos de Meriton, Nullus in villa S. Edmundi potejl aut de- Luvellus de Hofpath, &> totum falmorum meorum bet habere faldam niji Cellerarius, prater Henricum hominum Paroch. Antiq. p. 120. fucrum. Aurifahrum qui foteft habere faldam a parte villa See Folkmote. faldata ejus non pafere ultra viam apud where a Man claims more Is, ;Jfalfe >lainj auflrali, fed Ex Cartular. S. Edmundi. MS. f. than his Due: As the Prior of Lancajler, by ReaHerdenyk. fon of a Charter, had the Tenth of all the Veni3*7And, 5Fal0fr!>' or irafuffp, A Compofition paid by fon, viz- In came tavtum fed non in cor':o. fome cuftomary Tenanti, that they might have becaufe he made a lalfe Claim, and faid, That

&

he)

FA
in the Forcll
;

FA
M

he ought to have the Tenth of ull Vcnifon with^Fiinnflrnni'rrumrnfum, Wheat or Bread-Corn in Co- clcan'd of Lancajler, as well in Came up or fann'd with a Wind-Fan or Kneetherefore he was in mifericordia de decima vena- Fan. rio CeUerarius Mon. Wigorniae recipiet in tioms fu*jn Corio non per. ipiendo. Man wood'* 1 orcll feptimana decern fextarios frumenti Fannatos, S* decern mittas Mon. Angl. torn. 1. p. 136. Laws, cap. 2$. num. 3. brajii. r b. =|nuuiliir1llii'll , Falfum imprifonamentum, Jfdlfp Is a Trcfpafs committed againll a Man by impri-fsnuilmfln, (from the Sax. Faran, to Travel) him without lawful Caufc It is alio uicd According to the Interpretation of Skene dtverbor. fon'me, for a Writ which is brought upon this Trcfpals, Signif. is a Merchant-Stranger, to whom, by the F. N. B. //. S6.88. Vide Librum, and the New Book Laws of Scotland, Jufticc ought to be done with all Expedition, verbo Falfe Imprifonmcnt. that his Bufineft or Journey be ij Entries, Sec Prophecies. not hindrcd. tfMff, p.Ol'lunt'0.
:

jfalftfir

Seems
be

as to do faljly ; to fay or Vic. counterfeit the King's Seal. Rex de EJfex Clerico nofiro, pro make a Yard-land. coln- Scias quod dedimus Ad* terras tif tencmenta c/u* fuerunt Will, ^FdrOing'Dral, (Sax. Feord, i. e. quarta, andDW, fervitio fuo onmes tenementa funt excaeta no- or Dole, pars) alias fiamntti Of *LHIP, de Srubby, cujus tern QuadranFeloniam quam fe it de falfiticationc Sigilli tata terr*, fienificth the fourth Part of an Acre, fira, per 28 Nov. &c. Clauf. 6 Joh. m. Crom. fur. fol. 220. Quadrantata terr* is read in nottri T. apud Line. 12. in doilb. Reg. Grig. fol. I. b. where you have Denariata Is a Writ that lieth for falfe Obolata, Solidata c> Librata tern, which probably ffttfo ^luuii'io in the County, Hundred, Court- mull arife in as an Halfof

Thing
Al fo

to

falfe.

to fignific as Perkins,

much

as to prove a

Dower, 383,

385. or falfify,

Of ?Lann {Fard'lia ten*) Is according fome Authors, the fourth Part of a Tard-Iand; yet Noy in his Complete Lawyer, tag. 57 will have Lin- two Fardels of Land make a Nook, and four Nooks
^FirOrl
to

&

&

fol.

Proportion Quantity, Judgment'givcn of ReBaron, or other Courts, being no Courts penny, Penny, Shilling, Pound, rife in Value or Reg. Orig- Eflimation ; then muflr Oholata be half an Acre, cord, be the Plea Real or Pcrfbnal. F. N. B. fol. 1 7. And the New Book of En- Denariata an Acre, Solidata twelve Acres, and 1
5.

Et quo! A Forger, 5Falloiuinu>, falfonarios Cbartarum, &> retonfores denariorum, ubi Hoveden. fol. 424. num. 40. eos [cient, detegent. Is a Writ lying art'tO:ilo jPuium JrrtlfO the Sheriff, for falfe returning of Writs.
gainlt Reg. Judic.
fol.

tries,

verbo Falfe

Judgment.

Librata twelve Score Acres:

ginti

And

yet

find

Vi

libratas
fol. is

terr*

vel

redditus.
it

and
terr*

248.
fo

whereby

Reg. Orig. fol. 04. leemctn, that Librata

as yieldcth twenty Shillings per annum, and centum folidatas terrarum, tenementorum gp reddituum, fol. 149. And in F.N. B. fol. 87.

much

arc thefe Words, Viginti libratas terr* vel redditus, which ar?ucth it to be fo much Lands as yields the Servants belonging to a i. #. all twenty Shillings per ann. lee Furlong. Others hold JrWtllfca, Mailer ; in another Scnfe 'tis taken Obolata terr* to be but half a Perch, and Denariparticular for a Portion of Land, viz. As much as is fuffici- ata a Perch. Sec Spelm. Glojf. verbo Obolata terrae, el cnt to maintain one Family, viz. confefiim Sciatis, QPc. me R. de J. dedijfe Medietatem unius terram 70 familiarum largitur. Simeon Dunclm. Feorwendel terr*, de meo Dominio, 8fc. Mon. Angl
43.
b.

jfamfaUM, and JramfOlUta,

i.

e.

Trifles.

&

So in Brompton, Dedit ei monafierium triginta familiarum in loco. Du Cange. Pro hida, mafla, Donavit terram quinquaginmanfa, carucata Beda ta Familiarum ad confiruendum Monafierium. This Term Hide is, by Eccl. lib. 4. cap. 3. Hi/?. our Writers, lbmctimes called a Manfe, fomctimes a Family, lomctimcs Carucata, or a Ploughland conraming as much as one Plough and Oxen could cultivate in a Year. Creffy's Church Ubi Beda Familiam, Saxonl us Hill. fol. 723. b.
;

2 par. fol. 913. b.

At Monkland

in

Herefordjhire,

they call it a Verndal of Land. ^faroing, or Jfartliing of CBtolfl, Seemcth to be a Coin ufed in ancient Times, containing in Value the fourth Part of a Noble, viz twenty Pence in Silver, and in Weight the fixth Part of

ejus

interpret

co*taneus p.iffim hide redderet, Anglo-

Carucata terra:. GloflT. in x. Script. Is ufed as a JrauatnkP, Anno 13 Car. 2. cap. 6. Name for Quakers, Anabaptifis, and all general other Sectaries and ia&ious Diflenters from the
Normannis

an Ounce of Gold ; that is, of five Shillings in This Wold is ufed 9 H. 5. cap. 7. thus, Silver. Item, IHjat flje i&ing Do to be ojbaiiW gooD ano luff nfirtahr of tl)t jfjolle, half flob\t, anD Far thing of Gold, toitl) tlje Bates nfrrffarp fo rlu fame fo? ebtrv <Citp, e>c By which Place it plainly appeareth to have been a Coin, as well as the Noble and half Noble. Knighton, in the Year 1345, faith, Eodtm anno nobile Q)> obolus

&

Church of England.
a
,

Ferthing de auro
fifteen

caeperunt fiorere

in

Anolia.

the Fawning-Time $nte Signifies a Voyage or PafTage, or acor Fence-month in Forefts, Days before cording as we now ufe it, Money paid for palling when by Water. 2 &> 3 P. &* M. cap. 1 6. Midlummer, and fifteen Days after; that no Diilurbancc fliould Et quod de c*tero Mo5F arinagtum, great Urcwas taken Sec lendinarius non capiat Farinagium, &c. Ordinabt given to the Docs or their young Fawns. Mr Kennets Glojfary in Ftnnatio. During this tiones Juftin. in infula de Jcrfey. 17 Edw. 2f.me, by the Laws of the Forefi, all Hunting is It fecms to fignify Toll of Meal or Flower. litcd Prohibendum efi etiam ad placitum Fore^arlrr, or jFarlru, In the Manor of W-j} Slatin arrerta exeat chiminum in Forefia Regis ton i.i Com. Devon, if any Tenant die pofTcfled of a i in tempore foiucfun, viz. Cottage, he is by the Cuftom to pay to the Lord Forefia Regis fint us ante Nat.v-tatem Sanili Johannis Bapt. Six-pence for a Farley ; which I fuppofe may be f. 784. See in Lieu of a Heriot : For in fome Manors Wefiward, 5 Airbus pcfi i.iem Fefium. Hoveden, :'xn. they diftinguifli Farleu to be the bell Good, as 0, (from the Fr. Fawner) A Fawning or Heriot is the beft Beaft, payable at the Tenant's Cbarta Death. orth Young, as Deer do Fawns.
Menfis Fanationis,
:
'

&

\ap. S.

JFarlinaarr.,1

F A
JFarlingarii,

F E
to bring it in, at in fuch a one as
faid to
34<S.

Whoremongers, Adulterers, from

Fornicari.
e.
i.

the Sax. Forlicgean,

^armarium,
farina
conficitur.

a Mill,

ubi ex frumento mixto

which Day if he fails, or brings is no Bar to this A&ion this Is be a Failure of Record, &C. Terms de la Ley,
;

faytour, Seemeth to be a French Word antifiaxm, See Ferme, from the Sax. Feorm, i. e. Food, and this from Feorman, i. e. to feed. In quated, or fomething traduced ; for the modern d is Faifeue, that is, Faffor: . It is ufed the Laws of Canutus, in 67. Fearm, Mr. Lambard French renders viBum, fo reddere frmam unius noBis, and in the old Statute, 7 R. 2. cap. 5. and in the evil It may not improreddebat unum diem defrma, isfo much Provifion for Part, fignifying a bad Doer. a Night and a Day ; for about the Time of Wil- perly be interpreted an idle Liver, taken from liam the Conqueror, the Rents were referved in Faitardife, which fignifies a Kind of Numncfs or Provisions, which was altered by H. 1. It is ufu- flecpy Dileafe, proceeding of too much Sluggiflithe Latins call Veternus ; for in the ally the chief Meffuagc in a Village or Town, nefs, which whereto belongs great Demeans of all Sorts, and faid Statute it fecmeth to be a Synonymon with hath been ufed for Term of Life, Years, at Will. Vagabond. did The Rent referved upon fuch a Leafc, is called JFeal, The Tenants by Knights-Service Farm, and the Tenant or Lcffee Farmer. See fwear to their Lord to be feal and leal, i. e. faithful and loyal. See Spelman of Parliaments, pag. Ferme, and Spelm. Glojf. verba Firma.

Wo

3LanP, (Sax. Feordling) Seems to be a great Quantity, and differs much from Fardingdeal; for in a Book of Survey of the Manor of Weft-Slapton in Com. Devon, there is an Entry thus rnade^ A. B. holds fix Farthings of Lands at 126 /. per annum. See Fardel and Fardinq-deal. And Farthing always imported the fourth Part. therefore Quarter-Rials, or Pieces of Gold that paflcd for two Shillings fi x Pence the fourth Part of a Rial current at ten Shillings, were called Rial-Farthings in an Indenture of the Mint. J Hen.
;ffartl)ing of

tJFarttynp, in Sax. Feorthling, was the fourth Part of a Saxon Penny, and frequently in Ufe among them. See Fenny.

$ts\tf,
te,

Fidelitas,

Cometh of
and

the French Feaul-

our Common an Oath, taken at the Admittance of every Tenant, to be true to the Lord, of whom he holdcth his Land And he that holdeth Land by this only Oath, holdeth in the frceft Manner that any Man in England under the King may hold Bccaufe all with us that have Fee, hold that is, by at the per fidem &> fiduciam, Fealty leaft. Smith de For FiRepub. Angl. lib. 3. cap. 8. as Duarenus faith, de delitas is de fubjiantia feudi, Feud. cap. 2. num. 4. And Matthdus de affiiBis dethat
is

Fides,

fignifieth in

Law

fcis,

320.

num.
as

4.

pag 465. faith,

:

Thar

Fidelitas

6.

fnmntitU The fame with

JFdftna,
/.

non fervitium eflfubflantiale feudi,

Farding-deal.
viz.

The
the

Particulars

Latino Rhe- may read well exprcft by Zafius, in his TraBate ihorico fafmate in frcpriam vertit linguam volumina. de feudis, part 7. num. 15, 16. which is worth the Comparing with the ufual Oath taken here in Du Cange. This Fealty is alfo ufed in other NaJfnfftlP, A Fagot, Fr. Faiffeau. ConceJJit England. Abbati duos faffos dor/ales ramorum grojforum bofci ip- tions, as the Lombards and Burgundians. Cajfandus
e.

of his Oath,

it is

ufed

Language,

among

Feudifts,

you

fius.

Mon. Angl.

torn. 2. p. 238.

^Faftermail?,

i. e.

Pledges, from the Sax.

F<eft,

de confuet. Burgund. pag. 4fo, 420. And very Creation of this Tenure, as it

indeed the

and Man, homo. Be emptionibus fine the Love of the Lord toward his Followers, fo firmus, fidejufftonibus quod Anglice vocant Faftermannes. Leg, Edw. did it bind the Tenant to Fidelity, as appeared Confeffor. cap. 33. by the whole Courfe of the Feods ; and the Breach Duarenus in jf at, or 5Harp, Is a great wooden Veffel, which thereof is the Lofs of the Fee.
Commentariis feudorum, cap. 15. num. 4. &P fequen. Antonius Contius in methodo feudorum, cap. quibus containing eight Bufhels, or a Quarter, mention- mod's feudum amittitur. Hotoman in his Commened 1 H. 5. cap. 10. 11 H. 6. cap. 8. It is alfo a taries de verbis feudalibus, fheweth a double Fealty, leaden Pan or Veffel for the Making of Salt at one general, to be performed by every Subjeft to Droitnuich in the County of Worcefier, whereof the his Prince ; the other fpecial, required only of feveral Owners or Proprietors do claim Eftates fuch as in refpecf of their Fee are tied by this of Inheritance and Burgcfs-fhip. Alio a great Oath to their Landlords : may read of both brewing Veffel ufed by all Brewers to run their in the Grand Cujlumary of Normandy, being of Wort into. Courfe performed to the Duke by all reliant This Fealty fpecial is a. ^aflncif, {LL. Hen. 1. cap. 70.) perhaps the within the Dutchy. fame with the Sax. Fenth-vode, i. e. Faitionum feu mong us performed either by Freemen or Villains.

grew from

among Brewers and Malfters is ordinarily ufed at this Day to meafure Malt by for Expedition,

We

inimicitiarum

mulBa feu

Whore. Cum quadam fatua tnuliCT, muliere nudus in kilo cum nuda extitit deprehenfus. Frefhe.
^fatUS

compenfatio.

Du

JFaufftum, A Faucet, a mufical Pipe or 'Flute. Orgai.um tamen &> decentum, faufetum fll
Pipeth omnino in divino officio omnibus nofiris utriufque fexus interdicimus. Regul. Ordinis de Sempringham. p. 717.

5Faufo;#, 16 R. 2. cap. 5. Are Favorers, Supporters or Abettors. parting Of fifCC^ll, Fayler de Record, Is, when

an A&ion is brought againft one, who pleads any Matter of Record, and avers to prove it by Record
:

And

the

Plaintiff faith,

Nut

tiel

Record,
j

whereupon the Defendant hath a Day given him

both fee in Anno 14 E. 1. Stat. 1. When a Freeman fhall do Fealty to his Lord, he fhall hold his right Hand upon a Book and fay thus, Hear you my Lord R. that I A. B. fhall be to you faithful and true, and pall owe my Fealty to you, for the Land that I hold of and truly Jball do you the Cufioms and Services you, that I ought to do to you at the Terms affigned: So help me God, and all his Saints. And fhall Kifs the Book, but he fhall not kneel. When a Villain fhall do Fealty to his Lord, he fhall hold his right Hand over the Book, and fay thus, Hear you my Lord R. that I R. F. from this Day forth unto you jhaU be true and faithful, and fhall owe you Fealty for the Land which I hold of you in Villenage, and pall be jufiified by you both in Body and Goods ; So
in thefe

The Form of

Words,

he do him no fecret Injury in any Thing which is his Eliare, lays thus, / am feifed of this or that for his Defence, as in his Houfe or Caltlc ; Ho- Land or Tenement in my Demain as oj Fee, Septus meo ut it fendo, and that is as that he do him no Injury in his Reputa- inde in Domini neftum, tion Utile, that he do not damage him in his much as if he fad, it is my Demain or proper Facile &> poffibile, that he make it Land after a Sort, hecaufc it is to me and my Poffcflions not difficult Tor the Lord to do any Heirs for ever; yet not fimply mine, becaufc I eafy and he might do, nor make hold it in the Nature of a Benefit from another. good, which othcrwifc that impoffible to be done which before was in Yet the Statute of 37 H. 8. 16. ufeth thefc Word* All which is likewife comprifed of Lands inverted in the Crown ; but it procccdhis Power to do homo fidem det Domino eth from the not knowing the Nature of this in Leg. H. I cap. 5. Omnis for Fee cannot be without Fealty de vita 3f membris fuit &P terreno honore &> obfer- Word Fee fuo vaticne conftlii fui per hontftum &" utile, fde dei /aha fworn to a Superior, as you may read partly in the Word but more at large in thofe that ftp terra principis falva. Fealty, write de feudis, and in particular Hotoman both in Sec DeAkare and Dedication. JFcaflti.
;
1

So help me God, and all bis Saints. See Reg. Orig. Money ; yet is the Lnd of fuch a Nature, that Fidelitus (faith Spelman) eft fidei, ob- it cannot come to any either by Delcent or Pur902. a. &P fervitii ligamen, quo generaliter fubdilus chafe, but with the Burthen that was laid upon fequii him, who had Novel Fee, or firft of all received Regi, particulariter Vaffallus, domino aftringitur. It is ufually mentioned with Homage, but it dif- it as a Benefit from his Lord to him and to 1I fers from it ; for Homage confifh in the Taking an fuch to whom it might defcend, or any Way be Oath when the Tenant comes to his Land, and is conveyed from him. So that in Truth no Man done but once, and fo is the Oath of Fealty, but hath direilum "Dominium, the very Property or that is an Obligation which is permanent, and Demain in any Land, but only the Prince in the binds for ever. Thefe differ alfo in Manner of Right of his Crown. Camh. Brit. pag. 93. For the Solemnity, for the Oath of Homage is taken though he that hath Fee, hath jus perpttuum that of Fealty is utile Dominium, yet he owcth a Duty for it, and by the Tenant kneeling, but taken Handing, and includes fix Things, which therefore it is not fimply his own ; which Thing, are comprilcd in thefc Words, Incolume, tutum, I take thofc Words, that we ufe for the exprefIneolume, that he fing of our decpeft Rights in any Lands or Teutile, boneftum, jade, poffibile do no bodily Injury to the Lord ; Tutum, that nements, to import For he that can fay mod of
fol.

&

his

Commentaries and

Difputations.

And Note,

Sed rurfum redeamus

in atria, confpice

curfum

Impojitas longis duplicato tegmine Cellas Porticibus, metanda bonis babitacula digne,

Land, &><-. with us is termed Fee in two Refpch, one as it bclongeth to us and our Heirs for ever, the other as it holdcth of another. Britthat
ton,

Qups hue ad Sar.&i juftum

Fali.is bonorem
:

Duxerit orandi ftudium, non cura bibendi

to

For at firft they annually came pray eft Saint to whom the Church was dedicated, but pbi &* baredibus fuis, five fit tenement urn Jive re.-dituafterwards only to eat and drink, and cxercife qui non proveniunt ex camera, ftp alio modo dicitur feuthemfelves in Sports. dum, ftcut ejus qui feojfant, & quod qnis tenet ab alio Item fciendum eft quod quatuor virgaU terrt ftcut dicitur, talis tenet de tali tot feuda per fervitmm ^FeOa, And fip dimid. debent feminare S arare novem Sevionet m'.litare. Lib. 5. cap. 5. fet. feudum autem. ten*, in quibui feminabunt novem Trugas frumenti, all that write de feudis, hold, that feudatarius hath not an intire Property in his Fee. But the Defi vacatur Feda. Liber niger Hercf. fol. 53. que, $tt, Feudum vel feodum, Cometh of the French nition of Sir Henry Spelman is mod intelligible. Word Fief, i. prtdium beneficiarium, vel res elientelaris, A Feud is a Right which the VafTal haxh in Land and is ufed in our Common Law to figntfy divers or fomc immoveable Thing of his Lord's, to ufe Things As firft, all thofc Lands which we hold the fame, and take the Profits thereof hereditaby perpetual Right, as Hotoman well notcth verbo rily, rendring unto his Lord fuch feudal Duties Feodum, de verbis feudalibus. Our ancient Law- and Services as belong to military Tenure, the what they fully meant mere Propriety of the Soil always remaining to yers have nor expreffed but only fay, that by this Name go all the Lord. Spelman of Feuds, cap. l. The Divifi by it, Lands and Tenements that are held by any Ac- ons of Fee in divers Refpe&s arc many, and knowledgment of Superiority to a higher Lord. worthy to be known ; but we divide them only They that write of this Subject, divide all Lands into Fee abfolute, otherwife termed Fee-pmple; and and Tenements where a Man hath a perpetual Fee conditional, othcrwifc called Fee-tail. Fee-pmple, Eftate to him and his Heirs, &>c. into Allodium, feodum ftmplex, is that of which we arc feifed in To Us and Our Heirs for 1. Allodium they define to be every thefe general Words, ftp feudum. Man's own Land, &>c. which he pofleffeth merely ever. Fee tail, feodum taliatum, is that whereof in his own Right, without Acknowledgment of we are feifed to Us and our Heirs, with Limitaany Service, or Payment of any Rent to an- tion, that is, the Heirs of our Body, &>c. And other ; and this is a Property in the higheft De- this Fee-tail is either general or fpe-ial : General is, 2. Feudum is that which we hold by the where Land is given to a Man and the Heirs of gree. Benefit of another, and iu the Name whereof his Body ; the Reafon whereof is given by Litwe owe Service, or pay Rent, or both, to a fu- tleton, lib. 1. cap. 2. becaufe a Man feifed of Land And all our Land here in England by fuch a Gift, if he marry one or more Wives, pcrior Lord (the Crown-Lands being in the King's own Hands, and have no IfTuc by them, and at length marry in the -Right of his Crown excepted) is in the another by whom he hath IfTuc ; this IfTuc fhall Nature of Feudum or Fee; for though many have inherit the Land. Fee-tail fpecial, is that, where Land by Defccnt from their Anceftors, and o- a Man and his Wife be feifed of Lands to them Land with their and the Heirs of their two Bodies. The Reafon thcrs have
: ;

it thus ; Fee is a Right concap. 23. defineth futing in the Pcrfon of the true Heir, or of fomc other that by juft Title hath purchafed it. Fteta to the faith, Feudum quod quit tenet ex quacun Me caufa

dearly

purchafed

is

F E
Littleton in the fame Place, is given likewifc by becaufe in this Cafe the Wife dying without Ifanother by whom he hath fue, and he marrying Iffue; this Iflue cannot inherit the Land, being to fuch Heirs, &V. This Fee-tail fpecially given hath the Original from the Statute of Weftm. aYet fee BraBon, lib. 2. cap. It made 13 E. 1. cap. num. 3' in his verbis. Item quxdam akfoluta 5. coarBata ficut certis htquad mi ftriBa larga, To whom add Plowden, fol. 235. WiUien's redibus. Cafe ; for before that Statute, all Land given to a Man and his Heirs, either general or fpecial, was accounted in the Nature of a Fee ; and therefore held to be fo firmly in him to whom it was given, Limitation notwithftanding, he might that

FE
his

Dcmefnes.

Britton,

cap. 66.

num.

4.

But ob-

ferve, that Weft in his Symbol, part 1. lib. i.fecl. 463. fays that the Feoffment may contain Services

and Suit of Court, as well as Rent. And in Terms de la Ley, that Fee-farm owerh Fealty,
tho' not expreffed in the Feoffment, forthat Fealty

&

&

&

bclongeth to all Kind of Tenures; this is near the Nature of that which, among the Civilians,
called Ager VeBigalis, qui in perpetuum Vicetut i. lege, ut quamdiu pro eo VeBigal pendatur, tamdiit iis qui in locum necjue ipfts qui conduxerunt, neque eorum fuccejferunt, auferri earn lutat. The Fee farm Rents remaining to the Kings of England from their ancient Demefnes, were many of them alienated from the Crown in the Reign of King But how doubtful Men are of the Charles II. Title to Alienations of any Nature, is evident from this, that whilft thefe Rents were expofed to Sale for Ready Money, fcarce any would deal for them, and they remained unfold, till the Method of doubling Orders did a little help; but that which made Men earnclt indeed to buy them, was the Stop upon fome of his Majcfties
is

hac

the faid Statute was made for Redrcfs Inconvenience, whereby it is ordained, other Payments, which made Men to rcfort to That if a Man give Lands in Fee, limiting the this as the molt eligible in that Conjuncture. with a Reverfi- Vid. Reafonable Defence of feafonable Difcourfe, p. Heir, to whom it mall defcend, on to himfelf or his Heirs, for Default, &c. that 27. the Form and true Meaning of his Gift fliall be ftiX) alias ftVft, Feida alias fay da, Signified) obferved He then that hath Fee, holdeth of an- in the German Tongue, Guerram, that is, Capitaother by fome Duty or another, which is called Its inimicitias. Hotoman Difput. De feudis, cap. 1. Service; and of this Service, and the Diverfity Lamb, in his Expofition of Saxon Words, writes Secondly, This it Feeth, and faith likewife, that it denotes Capithereof, fee Chivalry and Service. Word Fee is fometimes nfed with us for the Com- tales inimicitias : And alfo that Feud now ufed in of a Manor or Lordfhip. BraBon, Scotland, and in the North Parts of England, is pafs or Circuit de eodem feodo. the fame, that is, a Combination of Kindred, to In eadem villa lib. 2. 5. cap. It is ufed for a perpetual Right incor- revenge the Death of any of their Blood ngainft Thirdly, Sec Skene de veras to have the Keeping of Prifons in Fee. the Killer, and all his Race.
tention of that
;
:

or Reftraint. But this feeming unrcafonablc to the VVifdom of our Realm, that a Man meaning well to this or that Poftcrity of himfelf, or his of his InFriends, might be forthwith deceived

any and fell it at his Pleafure, much like that which the Civilians call Nudum pr&ceptum, binding rather by Counfel and Advice, than Compulfion
alien,

&

poreal, Old Nat. Brev.

Rent granted
s 8 E.
1.

&> car& habebunt unum multonem &p unum cafeum, on of his Office, as the Fee of a Forefter, of a Qp quilibet habebit unum Feifum de herba, cf- omnes an homines villa debent ftnguli dimidiam acram metere. Keeper of a Park, or of a Sheriff for fcrving alfo Cartular. Abbat. Glafton. MS. f. 40 a. Execution, limited by 20 Eliz. cap. 4. And for that Confideration given a Serjeant at Law or 5FPlagU0, (quafi fide cum eo Hiatus) A Compatheir Counfel nion, but particularly a Friend who was bound Counfellor, or a Phyfician, for and Advice in their Profeffion, which, as it is in the Decennary for the good Behaviour of anwell obferved by Sir John Davis, in his Preface to other. So in Legibus Ina, cap. 1 5. 'tis faid, if his Reports, is not properly Merces, but Honorari- the Murderer could not be found, &v. the Paum ; yet in the Law Language it is called a rents of the Deceafed fhould have fix Marks, and the King forty; if he had no Parents, then the Fee. Is by the FeudiJIs. termed feu- Lord fhould have it Lt ft dominium non h iberet, fCC-Cjrpfitant

Reward

6. 41. Fofier in Fee, eod. jol. in Fee, eod. fol. 8. Sheriff in Fee, Stat. 3. cap. 8. Laftly, It is taken for a to one for the Executior
fol.

bor. Signif.

verbo Affidatio.

^FflliiH,

fmall Bundel,

an Armful.

Omnes

ifti

debent prata Domini falcare, levare

Wages given

'riare,

dumexpeBativum. or expeBativa fubltantively Felagus ejus. So in cap. Matthtus de affiiBis difcis. 292. nu. 2. pag. 41 7. See
:'.' ExpeBant. of Fee, a JFefitfarm, Feudi ftrma, Is compound and ferme, pr&dium, and fignificth in a legal Senfe Land held of another in Fee, that is, in and his Heir, for fo much Perpetuity to himfelf Rent as it is reafonably worth, more or yearly Ids, fo it be the fourth Part of the Worth, {Old
.

ufed.

hath Liberty to his Heirs ; and if he had none, then the Lord fhould have them, if no Lord, then Felagus fuus, if he had any fuch, but if none, then to the King. See LL. W. per H. Hunt. MS. fol. 199.
35.

where a

Man

difpofe his

Arms by

his laft

Will to

a.

See Exposition of the Statute of GlouceAnno 6 E. I.) without Homage, Fealty, or ster, other Services, other than be fpecially comprifed in the Feoffment ; but by Fitzherbert in his Nat. Brev. fol. 210. it fecmcth, that the third Part of the Value may be appointed for the Rent, or the Finding of a Chaplain to fing Divine Service, CPc. And the Nature of it ts thus, that if the Rent be behind and unpaid for the or his Space of two Years, then the Feoffor, the Lands as Heirs, have an A&ion to recover
Tenures.

a Field, 5felu is a Saxon Word, and fignifies and therefore, Feld Cyric is a Country-Church, FeldHufe is a Tent: In its Compound it fignifies Wild, as Feld Huning is wild Honey, Feld Mynt, is wild Mint, &c. ft\e iBotnages, /. e. faithful Subjets, from

the Sax. Fay, Jrflo Pe le

i.

e.

Fides.

is

dering himfelf.

he that commits Felony by murSee Crom. J-uftke of P. fol. 28.

lib. 2.

and Lamb.

Eiren.

cap. 7.

The

Saxons called

him

Self-bana, Self-bane.

tftlonr,

5?c!Crtr,

Feloni.t,

Sccmcth

to

come of the
li>ith

the

ftfcwfr, (i.) $ mflHs. tetania, centumaaant vaff.iltom.-.n, de verbis fetattbiitmt, not' in Dominion , hujafve in Vaffallum fvrfidram fignifi/;'

French

Mp#

Wj

cat, verr.m qnodvi

Ionia Gothii

&>

,apitale f.tct?i'i. Longobardis dicitur

And

again, lc-

quod Germani 1
Sir

Mil

Schclmarcy,

Latinis

Scclus.

Edward'

Idee Coke lays, Idea diBa eft felonia, c/uia fieri debet eft in fua fum felleo anime. lib. 4. f. 124Haftienfis Tit. de Feudis, and others write of it thus,

ma,

'

fat. J. faith, Tilt Ihe lent month been kept with Watch and Ward in every Bailiwick through the whole Foreft (ince the Time of C/tnutnt. Manweod\ Foreft Laws, 23. and zo Car. 2. c. 3. Some ancient Forcftcri do call this Month, The Defence <>Rf<, becaufc then the Deer arc to be defended fiom Scare or Fear. There arc alio certain Drfenee months, or Scafons for Fifti, as appears by Weftm. 1. cap. 47. 13 E. 1. in thelc Words, AJl Waters where Salmons be

Fareft-Lawi,

Imth

.ilways

feudum, QPc.

not. Felony is differenced from lighter Offen- wit. 9 roti The Learned Sir Henry Spelman gives ces in this, that the Punilhment thereof is Death, For Petit Larceny, which is this Definition A Feud is a Right which the Vafyet not in all Cafes the Stealing of any Thing under the Value of fal hath in Land, or fome immoveable Thing of as appcarcth by Broke his Lord's to ufe the fame, and take the Profits twelve Pence, is
, : :

amittit taken propter quam Vaffallus pall be in Defence for taking of Salntons/i-om But we account any Offence Felo- the Nativity of our Lady,unta St. Martin's. Day, and Petit Trculon, likewife that thut is in Degree next young Salmons fball not be taken nor dethe and comprifcth divers Particulars, as Murder, ftrcyed by Nets, front midft of April, te the Theft, killing of a Man's Self, Sodomy, Rape, Nativity of St. John Baptift. See alfo 13 R. x. wilful burning of Houfcs, and I'uch like, which Stat. 1. c. 19. arc to be collected out of the Statutes, which jffrwtclD, A Tav or Impofition exacted for the have made many Offences Felony that before were Repelling of Enemies. MS. Antiq. Sec Flint-

Eft culpa

vtl injuria

&C

Felony,

Tit. Conn. num.

becaufc the thereof hereditarily his reafon is, Rendring unto his Lord Indi&mcnt againft fuch a one mult have tlufe fnch fcodal Duties and Services as belong to miWords, Felonice Cepit and yet this is not punifli- litary Tenure, the rheer Propriety of the Soil alcd by Death, though it be Lofs of Goods. Any ways remaining unto the Lord. Spelman of Feuds
2.
t

other Exception

know

not, but that a

Man

and Tenures,

c. I.

And thefe the Clergy, another that may not. iJfeODarr, SftUtmTV or tffUoafOJP. Feudatarius, may learn to know from the Statutes ; for Was an Officer in the Court of fVatds, appointed you it is not cxprcfly taken by the Mafter of that Court, by Virtue of the Clergy is allowed, where away. Of this read Staundf. pi. cor. lib. 1. from the Statute 32 H. 8. cap. 46. to be prefent with the End of the fecond Chapter to the thirty-ninth, Efchcator in every County at the finding of Ofand the Statutes. Sec alfo Lambard's "juftice of fices, and to give in Evidence for the King as Peace, lib. 2. cap. 7. in a Table drawn for that well for the Value as the Tenure : His Office the Lands of the Ward after Purpofc. And alfo lib. 4. tap. 4. pag. 404. And alfo was to Survey SJV. Felony is alfo the Office found, and to return the true Value Cromp. Juftice of Peace, fol. 32, of Lands not entailed, and thereof into Court; to alfign Dower unto the punifht by Lofs Goods and Chattels as well real as perfonal ; and King's VVidow, to receive all the Rents of the 8. cap. 6. a Difference is made Wards Lands within his Circuit, and to anfwer yet by the 37 H. This Offence or- them to the Receiver of the Court. This Officer in fome Cafes touching Land. of Blood, unlefs is mentioned 32 H. 8. cap. 46. and is wholly tadinarily worketh Corruption 2 cap. 24. And in fome provided againft by Statute, as 39 Eliz- ken away by 12 Car. exprcfly How many ways Felony may be commit- ancient Writings it appears, that Noblemen had 1 7. cap. ted, fee Termes de la Ley, p. 357, 358. and Spelm. their particular Feodaries. Humfrey Count de StafGtojfary,

and punifhed by Death. Before the Reign of the Fee, Fcc-farm, or Fee-fimplc. An. 12 Car. a. H. i. Felonies were punilhed by pecuniary Fines ; cap. 24. but he was the firft that ordered Felons to be ^pPOdaltfafi Fcodality or Fidelity paid to the the Year 1108. Of Felonies Lord by his fcodal Tenant. fecit feodalitahang'd, viz. about there may be reckoned two Sorts, one lighter, tem fuam, prout decet, diBo Domino. Cartular. Radthat for the firft Time may have the Benefit of ings. MS.

may

call

that Felony, which

is

under

Petit Treafon,

Jrt'OOal, Feedalis vel feudalis,

Of or belonging

to

de Perch Seigneur de Tuttbridge Of de Caiiz, a ford Gloffary, in Felonia. Feodier en le Counte de Warwick, &C. Saches Courlc Hat, a Felt. Sec Filtrum no/Ire Jtmf-Cotcft Is a married Woman, who 1 que nous, &c. Dat. 1 7 H. 6. Sec Mr. Kennet's Gloffain the Word Feodary. alio faid to be under Covert-Baron, 27 Eliz. 3. ry, 'Tis mentioned in ' a Woman. ^FrotiflfafP, The Tenant who held his Eftatc 5Fcmdla, Thefe Grantees to whom Fleta, fib. 1. t. 1. p 17. De Fcmcllis nubilibus mari- by feodal Service. Lands in Feud or Fee were granted from a fnpetal competentts refutantibus, &c. called generally in our Latin Is a Month where- rior Lord, were $il\it'T(V)ntll, Menfis vetitus, in it is unlawful to hunt in the Foreft, becaufc Characters, Homines, Men or Homagers, and in It be- fome other Writings are termed ValTals, Feuds, in that Time the Female Deer do fawn. ac- and Feudataries. At the' firft Inftitutioh of Btnefiing always fifteen Days before Midfummer, to the Charter of the Foreft, viz. In initio cia, or Fees, (as they were afterwards called) they cording dierum ante Santfi Johannis Bap- were revocable at the Will of the Lord, Patron, feftunt quindtcim Afterward they Dortor, when he pleafcd. tiftse, qi<ande Asift.rtores noftri conveniunt pro feonati- or and if doth end fifteen were granted for a Tear, tend then for the Life of one befiiarum noftrarum of Time' Days after Midfummer, which is upori St. CyriFs the Feuddtofy or ValTal, then in Proccfs here obferve, That every common they became fucceffive to the Heirs Male, and : And Day Month is but twenty eight Days, hut the Fence- by Degrees hereditary to the Female See Br month is thirty. one Days, Affifa Forefta de Picker- Br.idy in his Ghffary, p. 30.

and Mr. Kennet's

&

3 Cltrum,

'*

ing, fol. 20.

1

Serjeant

Fleetwood in

Ins CelleBion of

Jft-0

F E
JFeotiltaH for Fideiitas,
i.

F E
c.

Fealty.

'Tis mentirelevi-

oned in Thorn, Anno iaSl. Facit ei redditum, um, Fcoditatem, feBam CurU, &Pc.

unius

f eoDum fl&illtis feu

SjBUitare.

^CO:toenDel a Quarter of an Acre, Medietatem Feorwendel terra in eadem villa, c> alteram medietatem quam Augerus tenet. From the Sax,

Knight's Fee,

Feorth, quartus.

Mon.

Tom.

p. 93.

which hunfern iBegalfjS, i e. a Stag. Eft autem Staggus by vulgar Computation contained Four dred and eighty Acres, as Twenty-four Acres made cervus cujus venatio regalis dicitur. a Virgate, four Virgates a Hide, and five Hides one Knight's Fee, for which the common Relief PeBebatque feram, puroque in for.te lavabat. paid to the King or other Lord was One hundred Virgil. Mn. 8. Yet no doubt, the Meafurc was unShillings. rff'TueQa terras Is ten Acres. See Virgata and certain, and differed with Times and Places Fardel. See Mr. Kennet s Gloffary. See Farding-deat. ^PtrOertDel. ^FeoOum Haitian, A Lay-Fee, or Land held in irerOfare (from the Sax. Fyrd, exercitut, and Fee, from a Lay-Lord by the common Services to which military Tenure was fubjefted ; in Op- Fare, iter,) Significat quietantiam eundi in Excrcitum. Fleta, lib. 1. cap. 47 Et fint quieti pofition to the Ecclefiaftical holding in Frank-alfrom thoic Burdens. See Mr. de Fiftwitc, Fle&wite, Ferdwite, moigne difcharged
Leirwitc, &=c. Charta 11 if. 3. m, 33JDe rffeotfainenfo torttri a rtobo, ThefePhrafes See Firdfare. tfcruiliflfl, the fourth Part of a Yard-land, i. e, began in the Reign of Hen. II. when thofe Knights or military Tenants who had been enfeoffed in five Acres, or a fourth Part of a Plough-land de Fees or Parts of a Fee at or before the Huic manerio pertinet confuetudo
Kennet's Glojfary.
wite,

&

&

&

Henge'

any ifta Fcrdingel 30 Death of King Henry I. were faid tenere feoda de denar. Du Cangc. But thofe, who had been inJFcrCtoit Significat quietantiam murdri in exercitu. veteri Feoffamento. feoffed in their Lands after the Death of Flera, lib. 1. cap. 47. that is, to be quit of Murthe faid King , were faid tenere de novo Feof der committee! in the Army, fint qitkti de FtBwite, FliBwite, Qp Ferdwite, Hengwite, Qp famento. ^Feoffment, Feoffamentum, By the Opinion of Leirwite, &c. Charta, 11 H. 3. m. 33. Ferdwite was indeed a Fine or Mulft Sir "Thomas Smith de Repub. Angler, lib. 3. cap. 8. impofed and Weft. part. 1. Symb. lib. 2. fe&. 280. is de- for not going forth in a military Expedition, to feended from the Gothijb Word Feudum, which which Duty all Perfons who held Land, were in

& &

we
But

interpret Fee, and fignifieth donationem feuAi

fas the

fame Weft addeth) it fignifieth in our Common Law any Gift or Grant of any Honours, Caftlcs, Manors, Mcffnages, Lands or othcr corporeal and immoveable Things of like Nature unto another in Fee-fimple, that is, to him and his Heirs for ever, by the Delivery of Seifin, and the Pofleflion of the Thing given, whether the Gift be made by Deed or Writing
:

Neceflity obliged. And therefore a Ncgleft or Omiflion of this common Service to the Publick was punifhed with a pecuniary Mulft of 120 j.! called the Ferdwite ; which was remit-

mitted, and Charters.

Immunity from

it

Penalty granted by fevcral

JriTDtawrfb, alias Fredwurth, quafi Firdworth of that Age, that he might go into the Army : From the Sax. Fird, exercitus, and worth,

A Man

And when

it

is

Feoffment, and led the Feoffor,

See Faldwerth. called a Deed of dignus. in every Feoffment the Giver is calft retrum, a Coffin in Feretrum. Feoffator, and he that receiveth by deferentes
in Writing,
it is

Amici extrahunt morteum

Leg.

H.

1.

cap.

z6.

Virtue of the fame, Feoffee, Feoffatus. And Littleton faith, That the proper Difference between a that the Feoffor giveth in Feoffor and a Donor is, Lib. Fee-fimple, and the Donor in in Fee-tail. It is the ancient and moft neceffary Con1. c. 6. veyance, becaufc folemn and publick; and alfo becaufe it cleareth all Diffeifins, Abatements, t Intrufions, and other defcafiblc Eftates, where thc Entry of the Feoffor is lawful, which neither Fine, Recovery, nor Bargain or Sale by Deed indented and inrolled doth. Ephron enfeoffed Abraham, Gen. 23. See Co. on Lit. lib. 1. cap. 1.
feci.
1.

rfferta fetutioa,

the

Week.

Monday, or the fecond Day of Feria tertia, Tuefday, and fo on to

Feria fexta, Hence the Week-Days, as Saturday. diftinguiflied from Sunday, the Profane from the Sacred, were called Dies Ferialet, as in this Charter Nos Willielmus Prior El
Ecclefis

yen'

&

Conv.
|

Concefftmus Johanni

Dounham CapeUano
fub banc condi-

Scholam noftram Grammaticalium

\tione

ferialcs in capella EJlemcfynarU noftra, per alios tres dies ferialcs in capella S. Marl*, diebus vero dominicis ubicunque vo luerit celebrabit. Dat. 28. Mart. A. D. 1448. Ex Cartular. Eccl. Elyerfts. 'MS. penes Job.

ut celebrabit per

&

tres dies

JFroffttf

and ^fOffef,
in

Feoffor, is

he that

infeoffs,
is

or makes a Feoffment to another of Lands or

Tenements
that
is

Fee-fimple.

And

Feoffee

he
is

infeoffed, or to

whom

the Feoffment

fo

made.

Among our Saxon Anceftors, thofe the Outlands of the Lord or Thane, as cuftomary Tenants, rendred unto him a certain Portion of Victuals and Things neceffary for HuJfco^m,

who held

mane

Life.

This Rent or Retribution they cal-

led Feorm, which

fince Hen. II. Victuals into

Word

in the Saxon, fignified a-

py Meat or Victuals.

And though we have ever

Refcrvation of our Lands, of Farms and Farmers.
this

we

ftill retain the Name See Spelman of Feuds, chap.

Time, changed Money, yet in

7.

letting

ftXi=, A Fair, at firft occafioned by the Refort of People to the Feaft of Dedication, and therefore in moit Places the Fairs (by old Cullom, not by later Grants) are on the fame Day with the Wake, or Feftival of that Saint towhom the Church was dedicated, and for the fame Reafon kept in the Church-yard, till by AuthoSee Mr. Kennet's GLffary, in rity reftrained. FerU. Item dixijferise, Furz, Sax. fyrs. mus per facramentum quod non vidimus tempore Henrici Rihardi quondam Regum AnglU, quod aliquis redderet decimas de fcriis aut aut de fofdegeneftis

Epifc.

Norwic.

f.

36.

&

fis ubi prius

fuerint demandatx..
inter

faBa apud Rhotomagum A. D. I20J.

Clerum

&

Conventio

Barones,
jff;

FE
to

F E
capiend. m. 18.

pa

quod pojpt pradiff urn W. &> baredes fuos, vel quemcunque qui diffum niolendinum tenuerit per Fcrramcnta diHi molendini, 8P per omnia averia fua, Qp per terras OP tenementa pro pradicio redditu difringere, Qfic. vendi- Charta Gilb. Talbot Mil. fine dat. By Ferramenta ny, Quadrans. Ojiando quarteriuvi frumenti tor pro 11. denar. tunc pants W.tfietti de Fcrlingis arc here meant the Iron Tools or Inftrumcnts of cervif. 51 the Mill. Sol. Affif. panis Et reparare Fcrramcnta ad tres Caruas, ponderabit 5. lib. & 16. H. 3. Cambden in his Brit. Tit. Huntingdon fays, i. e. The Iron Work of three Ploughs. Lib. niger four Ferlings, that is, Reref. There were in this

vacant from Labour and Pleading But in JfernigP, A waftc Place where Fern growi the Stat. 27 H. 6. c. j. and in Fortefu, de laudil.it t Retentis Abbati Glaftoniae &" ejufdem loci Conventui arundintto ejufdem toto iLL. Anglia, Ferial dap arc taken for Working pifcaria de fcrniginc Sabbati manerii. Cartular. Abbat. Glafton. MS. for S. obtained, Days ; Silvefier &> Dominli dies nomine retento, reliquos hebdomad* fol. s 3d. dies fcriarum nomine difiinHos, ut jam ante in Eccle^Ferramenrum. Dedi autem potejlatem diffo P.
Days
:

Jpenal TDnpB, (Dies Feriales) Feria, (according the Latin Dictionary) fignifies Ihly days, or

Vobis

mandamus,

Qpc.

Clauf. jo Ed.

I.

&

So that Ferial-Days vo.ari cccperant, appeUari. arc properly all the Days of the Week, except Saturday and Sunday. a PenJ?rrlui. Perlingm, The fourth Part of

&

Borough tferranollflf, An Iron Colour attributed to HorQuarters of Wards. Ecce fcrrae, and Ferlingus, the fourth (es, which we (till call an Iron Grey. fttUnjiik Part of a Yard-Land. Decern acre faciunt imam puer de foro veniens quafivit cujufmodi tquum haberet Ferlingatam, 4 Firlingatae virgatam, 4 Virgata ille Archidiaconi cliens, &P cum audiret fcrrandum, bidam, QP 5 Hid<c feodum militare. Efc. 2 E. 2. dixit fe quendam talem equitatum vidijfe. Girald. n. 18 Ebor. In ancient .Records is ufed both Camb. apud Wbartoni Angl. Sacr. P. 2. pag. See Mon. Aug. 2. par. 494. Ferlingus Qp Ferdlingus terra. 8. jrerruerr , The mooing of Horfes. See Boucbe My Lord Coke tells us that Ferdlingus terra fol. is the fame as a Quarantine of Land, and that it of Court. contains thirty-two Acres. But I find a Quarcnf crfrtjer, A Fare or Fare-fcot, The cuftomary tine is no more than forty Perches, which is but Payment for a Paflagc over a River, or crofling a Ferry in a Ferry- Boat with Faring-Men, or Feres, one Acre. Du Catige. jctxm or 5f(irui, Firma, Cometh of the or Paflengers. French Ferme, pradium, and fignifieth with us ^ffrfpefteo, To fpeak fuddenly. Nemopoteft de Houle or Land, or both, taken cither by Inden- feudo Domini fui placitsre fine eo, nee cogi debet tectum ture of Leafe, or Lcafe-parol. This in the ejus ferfpeken, (/. e. to fpeak fuddenly,) nee ferNorth Parts is called a Tacke, in Lancajhire a fpillam, (i.e. to give ahafty Account,) de omnibus We may conjc&urc, caufis communibus vel emendabilibus implacitetur aliForm-bolt, in Effex a Wike. that both the French and Englijh Word came from quis,fi petierit debet habere terminum requirendi p bathe Latin firmus ; for I find locare ad Jtrmum to bendi Dominumfuum. Leg. H. 1. c. 61. fiffia in 4Eappit> Were fome chief Holidays, in fignify with others as much as to fct or let to Farm with us ; the Rcafon whereof may be in which the whole Choir wore Caps. In Fcftis qua Vitse Abbat. refpeft of the furc Hold they have beyond Te- in Cappis fiunt OP maxime pracipuis.
1

Vide Vocabul. utriufque juris, verba S. Alban. p. 80, 83. nants at Will. In the Terms of the Law it is derived Afflihis. jfrflingtrten, Ut ittud Monafierium fit liberafrom the Saxon Fcormian, which fignifieth to feed turn ab litis incommodis, qua nos Saxonica lingua or yield ViSual. For in ancient Time the Re- Fcftingmcn dicimus. Mon. Ang. I. par. fol. fervations were as well in Victuals as Money 123. a.
:

How many ways Farm

195. Wriothejley's Cafe.

is

taken, fee Ploviden,

:

fol.

See Feorm.

From

Jffrmat'P, an Hofpital Friars of the Fermary : the Sax. Fcorme. Vittus.

Sec Wyke. (from the Sax. Feorme, I. e. Food, JrfflinuilPeiinp, Earned given to Servants or Feeding,) the Winter Scalbn of Deer, as Tern- when hired or retained, is fo called in fome Norpus Pinguedinis is the Summer Seafon. Quod idem thern Parts ofEngland, and in others it is termed <jp haredesfui de cKtero quolibct anno pojfunt ca- Aries Penny, from the Saxon Fafinian, to fallen or Hugo

f frnu!)n([.

Fefienmon fignifies Fidejujfor, be free of Fefiinemen, in all Probability is to be free of Frank-Pledfe, and not to be bound for any Man's forth-coming, who mould tranfgrefs the Law.
Pledge
;

The Saxon

fo that to

jFfrtnifon.i,

pere

am
vel

in pradicio Par,o (dc Blore) unam damam in confirm. hermifona inter Fefium SanHi Martini &> Purif Jfrffum Properly fignifies a Feaft, but it is Beau Mar'u, cf unum damiim in Pingucdinc inter ufually taken for a General Court which was in the Yeax. Fefium Sancia Cruc'n in Mayo Fefium S. Crucit in formerly kept on the great Feftivals Septembr. imperpetuum : Ita quod qualem.unque befli- Thus we read in our Hiftorians, that in fuch a

&

temp

re

cum

pradiHis canibus ceperint,

fi

nent;

cfi

Pinguedinis vel Fcrmifonae berfaverint, Year the King kept his Cbrifimas at Winchefier, ilia eis rema- &V. that is, he kept a Court there at that Time, hefiia Jit in Fcrmifona allocabitur eis pro dama, viz. Rex apud Winton maximum Feftum Sf Conv'tvi-

&> fi fit in Pingucdine, allocabitur eis pro dam,', &c. um celebravit, tempore Natalis Domini, convocatis Fin. Concor. in Curia Dom. Regis apud Litch- ibidem Principibus 6 Baronibits totius Regni. field coram Roger, de Turkilby, &c. inter jffStim 3>. sSfhrliaeliB Is that Day in which Wil. dc Aldcthe- the Chriftians fought with the Infidels, and obHugoncm de Acovrc quer. Penes Will. Dugdale, Mil. Sec Tern- tained a Viftory by the Help of St. Michael, now ley Deforc.

&

dilelto' Rie. Caffcl ntffodi Maneri Je Rex Pfffum natiUitatiki T&. JBame Was thus instiBruftwyk falutem. Cum mittamuS dileBum Vallet- tuted, viz. A melancholy Man, who led an holy tum ncfirum Joliannem de Fuiham ad infiantcm Life, did every Year hear the melodious HarmoAt which being wonFermi ibnam in Parcis noflris ibidem, prent vobis &P ny of Angels in Heaven melius ad opus nofirum fore videritis faciend. derfully Vurprized, and being one Day very carjibi
:

pus Pinguedinis.

called Michaelmas-Day.

ncft

ncft in Prayer,

an Angel

told

him

that on that

^fifflll^,

a certain Meafure of Corn

but of

pitales inimicitias.

Feud is ufed in Scotland, and the caufe it amounted to a Fifteenth Part of that which North of England, for a Combination of Kindred the City or Town hath been valued at of old; or to Revenge the Death of any of their Blood a- to a Fifteenth Part of every Man's Goods and perother fonal Eftate, gainft the Killer, and all his Race, or any according to a reafonablc Valuatiand 43 on. This is now jmpofed by great Enemy. See Skene, verbo Affidatio, Parliament, and eEl. cap. 13. very Town through the Realm knoweth what a Fifteenth for themfelves doth amount to, becaufe it jJfruoaL See Feodal. is See Feodary. ;JFeuDaf}>. perpetually the fame. Whereas the Subfidy, 5FeiiOuOfe Is a Recompence for engaging in which is raifed of every particular Man's Lands or Goods, muft needs be a Feud or Fa&ion, and the contingent Damages uncertain, becaufe the it having been the Cuftom of ahcient Times, for Eftate of feveral Men is uncertain. And in that all the Kindred to engage in the Kinfman's Quar- regard, a Fifteenth feems to be a Rate anciently rel according to that of Tacitus, Be moribus Ger- laid upon every Town, according to the Land or
;
;

Day the Virgin Mary was born ; and becaufc the how much non conflat. Et in eifdem feftivitatibui Day of her Birth was not known on Earth, ftngulos Fuffuls de frumento ad waftellos de granario. therefore it was celebrated by the Angels. This Monaft. 1 Tom. p. 149. Habere debent Monachi ftnbeing told to the Church, that Day was after- gulos Fuffuls de granario ad ivaftallos. Ibid. wards fet apart to commemorate her Birth. Ho Decima quinta, Is a Tribute or ImlFlftefntf]> Lib. 3. cap. 16. nor. pofition of Money laid upon a City, Borough, or Augujtud. JfeuD, or JpeeD, (Feida, alias Faida,) fignifics other Town, through the Realm ; not by the in the German Tongue Guerram, i. e. Bellum. Pole, or upon this or that Man, but in general Lambard writes it Feetb, and faith it fignifics Ca- upon the whole City or Town, and To called, be-

manorum,
pinqui,

fufcipere tarn inimicitias feu patris, feu pro-

quam

JrfUgtra.

amicitias neceffe efi. Inter antiquas confuetudines

Abbat'u de
bruer*

Circuit belonging to it Whereof Cambden in his Brit, makes frequent Mention, particularly pag. 16S. of Wells in ut Somerfetfbire, thus,
:

SanBo Edmundo.

Tota paftura

de Herdwyk pertinet ad Cellerarium, ut nullus pofftt quinquaginta hidis geldavit. And Of Bath, Geldabat pro viginti hidis, ibidem pafere neque aliud quid facere aliquo tempore pag. 172. quananni fine licentia Cellerarii, prater feugeram bruer& dofchira geldabat. Thirdly, pag. 18 1. Old Sarum Cartular. or Salisbury, pro qu pertinet ad tenentes de Herdwyke. quinquaginta hidis geldabat. And

teftatur cenfualis tenuit, quod pro

AnglU liber,

Quo tempore Epifcopus ipfum oppidum

thefe Rates were taken out of f. 328. Domefday-Book in 5Fcugenum, and tfugerium, (from the Fr. the Exchequer. So that in old Time this feemed Et de omnimodo Aijiamento to be a yearly Tribute in e. Fern-) whereFougiere, i. Certainty Bruerii, Quarrerii, Turb/irii,jFuncii, Qp Feugerii ad as now, though the Rate be certain, yet it domos fuas cooperiendas, &>c. Mon. Angl. 2 Part. fol. is not leviea but by Parliament. Sec Tax and
;

Edmundi MS.

610. b.

Ufe.
3.
fol.

Common of Feuger, Sec Fugerium.

i.

e. Fern,

for one's Quinzime.

tfiBbtteitrr,

jffictale,

truly thofe of forisfaitura pugnt, MulBa ob commiffam pugnam in their Hundreds, or rather according to Co. 4. Inft. perturbationem pads. In exercitu Regis 1 20 Sol. lueAn Extortion colore compotationis. See batur Fightwita, i. t. ForisfaBura pugne. MS. fol. 307.

and jFilktmle. BraBon, Jib. JftlDale 117. Compotation or Entertain-

ment made

of 120 Shillings, for makinga Quarrel to theDifturbance of the Peace. So that Fighttuite is

Saxon Word, fignifying a

MulB

for

Gain by

Bailiffs to

Scotale.

Codex.

Jrilatfr, Filazarius, Poflibly derived from the Latin filum, a Thread, is an Officer in the ComLeg. mon Pleas (fo called) becaufe he files thofe Writs aliqua Fightwita vel Mambota condonatur. Edm. cap. 3. whereupon he makes Procefs. There are Fourifioem menftrt, < when h Tenant doth not teen of them in their feveral Divifions and Counkeep that Fealty which he hath fworn to the ties they make out all original Procefs, as well Lord. Galf. Monmouth, lib. 8. cap. 2. Huntingdon, real as perfonal and mixt : and in Aflions meerH. I. cap. 53. ly perfonal, where the Defendants be returned or pag. 390. Leg. JFitrt facial Is a Writ Judicial, that lieth at fummoned, there goeth out the Diftrefs infinite all Times within the Year and Day, for him that until Appearance ; if he be returned Nihil, there hath recovered in an A&ion of Debt or Dama- Procefs of Capias infinite, if the Plaintiff will ;or ges, to the Sheriff, to command him to levy the after the third Capias, the Plaintiff may go to the Debt or the Damages of his Goods againft whom Exigenter of the Shire, where his Original is the Recovery was had. This Writ had Begin- grounded, and have an or Proclamati-

5Fitttotta, a Sort
;

of Payment anciently ufed in

England

but of how

much

tan conflat.

Et

nolo ut

ning from Weftm. 2. c. 18. Anno 13 E. 1. See Old Nat. Brev. f. 152. See alio great Diverfity thereof in the Table of the Regifier Judicial, verbo See alfo Scire facias, and Title ExeFieri facias.
cution.

Fair, In a Charter of Alan de 5fieria, Feria, Creoun, granted to the Monks of Croyland. Pmterea concedimus eis decimam denariorum de ficria
noflra

de Botulfston.

Petr. Blefen. Contin. Hift.

de

Croyland, p. 126.
5f ifff if,

Epifcopus Heref. quietus

eft

Hundredfeh, Stretward, Wardfeh, Reyingpein &* Fiffeh franco plegio. Butterfield'j Survey, f. 246.

&

Qutre.

Exigent on made. Alfo the Filacer maketh all Sons of Writs of View.in Caufes where the View is pray 'd ; and upon all Replevins or Writs Recordare's, of relurno habendo, Second Deliverance, and Withernam. They enter all Appearances and fpecial Bails upon any Procefs made by them. They make the firft Scire facias upon fpecial Bails ; Writs of Habeas Corpus, Diftringas Nuper vicecomitem vel Ballivum and Duces tecum, and all Supersedeas upon fpecial Bail, or othenvife ; Writs of Habeas corpus cum caufa upon the Sheriff's Return, that the Defendant is detained with other Anions Writs of Adjournment of a Term, in cafe of Peftilence, War, or publick Disturbance, and
;

(until

F
(until

I
Percepit Prior
ris

F
4
acras frumenti
poft

I
j 5

an Order of that Court made 14 Jac. which limited the Filacers to all Matters and Proceedings before Appearance, and the Protonotaries to all after) did enter Declarations, Imparlances, Judgments and Pleas, whercunto a Serwas not rcquifite ; and made out jeant's Hand Writs of Execution, and divers other Judicial And in the King's Writs after Appearance. Bench of later Times, there have been Filacers who make Procefs upon original Writs returnable The Fiin that Court, upon A&ions contra pacem. lacers of the Common Pleas having been Officers of that Court before the Statute of to H. 6. cap. 4. wherein they are mentioned. JFihCUim, The File or Thread upon which Writs or loofe Papers are filed up together, to
Filaciis

avtn* in Cultu

Fimitium, ex liberatme

ftrvientis.

Hmo

iflUlO^arP, ( i. e. Fimare. ) Terra Sabulonofa puro non Fimoretur. Pitta, lib. 2. c. 76*

par. 3.

See Blomary. 18 E. 3. Stat. 1. and 14 R. . c 10. Seem to be all one with thole whom now we call Searchers. See 1 7 R. 2. cap. 5. 1 H. 4. 13. and 7,1 11. 6. c. 5. They are einploy'd for the Difco of Goods imported or exported, without very paying Cuftom.
5Mnarj>.
rffinDerflf,
.

/finf, Finis,

Common Law,
:

Hath divers Applications

in the fometiracs being ufed for a for-

in breve preferve them. Ijiitd ejl MarefchaUi. Will. Thorn. Hence Cuftodes Fila- pore finis, to the End to cutoff all Controverlics. ciorum, or File-keepers in our Courts of Judica- The fame Weft in his 2 par. Symbol. feS. 1. thu* defines it, To be a Covenant made before ture, were called Filacers. Juftices, A Sort of Drinking and entred of Record. But Glanvile more nobly JrllOatf, quafi, Field- Ale lib. 8. in the Field by the Bailiffs of the Hundreds ; for thus, cap. I. Finis ejl amicabilis compofnio which they gathered Money of the Inhabitants of &P finalis loncordia ex confenfu &> licer.tla Domini ReAnd lib. 9. cap. 3. Talis conIt was prohibited in the Days of gis vel Jufticiariorum. that Hundred. Braffon, lib. 3. fol. 1 1 7. According to Sir Edward cordia finalis dicitur, eo quod finem imponit negotio, Colore Compo- adeo ut neutra pars litigantium ab eo de cttero Coke's 4 fol. 307. an Extortion poterit
:

mal or ceremonious Conveyance of Lands or Tenements Or as Weft faith, Tit. Fines, feci, 2 J. of any Thing inheritable, being in effe tem-

The true Word is Fild-ale, Quod Compo- recedere. And Braclon, lib. 5. cap. 28. num. 7. thus, Finis idea dicitur finalis concordia, Sec Scotale. tationem in Campit ftgnificat. quia imponit finem The Author of $\\t, Ftlacium, Is a Thread or Wire, whereon litibus eft except io peremptoria. Writs and other Exhibits in Courts and Offices the New Terms of the Law defineth it to be a final for the more fafc Keeping of them. File Agreement, had between Perfons arc atationis-

hjl.

&

filed,

alfo Signifies Attaint

nare.

from the Sax.

a

Fylan, inqui-

Book of Entries, verba Fines, ifiticftum, and tfilittum, Ferny .Ground. and 27 E. I, Stat. I. cap. 1. This Fine is of fo b. TJbi filices crefcunt. Infi fol. 4. 3?iliotU0 is properly a little Son, alio a God- high a Nature, that Brailon, lib. cap. 7. num. 3. Sciant fon. quod ego Johannes Lovet faith of it thus, Item immediate pertinet ad Regem Miles Dtminus de Elmeley-Lovet, Dedi Waltero le querela finis fadi in curia Domini Regis &> non obfrBlount fratri meo, & fohanni Filio fuo, Filiolo meo, vati, & eft ratio, quia nemo poteft finem interpretare Sine dar. Here nifi ipfi Rex, in cujus curia fines fiunt. The Civiliquindecim folidos annus redditus, &>c. il'olus is ufed for a Nephew ; for Walter Blount ans would call this folemn Contract, Tranfairiamarried the Sifter of this Sir John Lovet, unlefs nem judicialem de re immobili, becaufe it hath all the Son were alio Godlbn to Sir John. Fi- the Properties of a Tranfa&ion, if it be confidcrJohn liolus, quern de facro fonte fufepit. Dudg. Warwick- ed in the original Ufe. Wefemb. parat. Tit. de shire, fol. 697Tranfalf. For it appeareth by the Writers of the Common Law before recited, that it is nothing Sec Sothale and Filiate. Jflltulr .

ny Lands or Rent, or other Things whereof any Suit or Writ is between them hanging in any
Court.

concerning

See the

New

f iltrutn, Feltrum, A Covering for the Head but a Composition or Concord acknowledged, made of coarfe Wool, not wove, but cottoned and recorded before a competent Judge, touchArchidiaconum ing fome Hereditament, or Thing immoveable, together ; a Hat, a Felt.

ultimo venientem, ut mos habebat, ultimus ipforum that before was in Controverfy between the Partiltro pluviali ties to the fame Concord : And that for the betjuvenis fil. uxoris Prapofiti Prater, fub ipfum attentius intuens, qutfito ftatim nomine ipftus Qp ter Credit of the Tranfaftion, being, by Imputabecaufe audito, dixit ei, parumper expe8aret, &c. Giral- tion, made in the Prefcncc of the

quod dus Cambren. apud Whartoni Angl. Sacr. P.

King,

Aquae pradiBa. Ex Reg. Priorat. de Wormley, 1 par. f. 390. a. 3. a. Vide ctiam Mon. Angl. Et de makemio faflo in grojjis nav'ibus in medio alti Fili groffarum ripariarum, &c. Rot. Pat. 4 H. 6. m. II. par. 2. El totam illam partem nemoris fui, Filum Aqua: inn ejl inter Filum Aqua: de Ebroc. de Tame. Reg. de Leic. in Bibl. Cot. f. 2. Et Pla. Cor. Mich. 18 E. 1. Rot. 56. Haut file du Mer ; the high Tide of the Sea. Rot. Pari. 11 H. 4. n.

levied in his Court ; and therefore doth it bind Women covert being Parties, and others, pag. 594. jMlum 3lQVx Is the Thread or Middle of the whom ordinarily the Law difablcth to tranfaft, Stream, where a River parts two Lordfhips ; only for this Reafon, that all Preemption of Et habebunt ifias buttas ufque ad Filum Deceit or evil Meaning is excluded, where the
2.
it

is

King and

his

privy to the

AS.

&

61.
ter

Quoddam fjfatum quondam fuit

,

filum in the Beginning was but one, viz.. to fecure the manerium prediBi Albatis de Andredefef Ex Cartu- Title that any Man hath in his Poflcftion againft aquae ufque ad pontum de Bledenebureh. all Men ; to cut off Entails, and with more Cerlar. Abbat. Glafton. MS. f. 38. b."

&

jacens in-

Concord was inftituted and allowed, in regard that the Law, and ancient by Proceedings, no Plaintiff (giving real Security de da more fuo profequendo,) could agree without Licence of the Court So as Fines have been anciently levied in pcrfonal Actions, and for no greater a Sum of Money than 11 But Subtilty of Wit and Reafon hath in Time wrought other Ufes of this Concord, which
1

Court of are fuppofed to be Jufticc Originally the Ufe of this final

/.

JfimitlUM, ( i. C. Tempus quo agri fimanttir.) tainty to pafs the Intcreft or Title of any Land Tis mentioned in the Monafticon, 1 Tom. pa. 256. or Tenement, though not controverted, to whom

a 2

'

>

v.r
1

F\[
think good, cither for Years or in Fee : Infomuch, that the Pafling of a Fine, in fome Cafes, now is but mera fi&io furls, alluding to the Ufe for which it was invented, and fuppofing a Doubt or Controvcrfy, where in Truth none is ; and fo not only to work a prcfent Prefcription againlt the Parties to the Concord or Fine, and their Heirs, but within five Years againft all others, not exprcfly excepted (if it be levied upon good Consideration, and without Covin) as Women covert, Perfbns under one and twenty Years of Prifoners, or fuch as be out of the Realm

we

Extinguishment of Right, not altering the Eftate of Pofleflion of the Conufee, but perchance batubi fupra, feci. 20. Toad in tering it. Wejl, the Form of thefc Fines, we muft confider, MM what Writ or Action the Concord is to be and that is moft commonly upon a Writ of Covenant ; and then firft there muft pafs a Pair of In1

Age,

at the

Time when

it

was acknowledged. Touch-

ing this Matter, fee the Statutes, I R- 5. cap. 7. 4 H. 7. cap. 24. 32 H. 8. 36. and 31 El. 1. This Fine hath in it five eflcntial Parts ; 1. The Original Writ taken out againft the Conufor. 2. The King's Licence, giving the Parties Liberty to accord, for which he hath a Five called The a Part of the ReKing's Silver, being accounted venue of the Crown. 3. The Concord it felf which thus beginneth, Et ejl concordia talis, &c. which is an Abftract of 4. The Note of the Fine,

dentures between the Conufor and Conufee, whereby the Conufor covenanteth with he o' ufee. to pafs a Fine unto him of fuch or Arch Things, by a Day fet down And thefe Indentures, as they are firft in this Proceeding, lb tbey are faid to lead the Fine ; upon this Covenant, the Writ of Covenant is brought by the Conufee againft the Conufor , who hereupon yieldcth to pafs the Fine before a Judge; and fo the Acknowledgment being recorded, the Conufor and his Heirs. are prefently concluded, and all, Strangers not excepted, after five Years once paffed. If the Writ whereupon the Fine is grounded be not a Writ of Covenant, but of Warranlia Charts., or Writ of Right, or a Writ of Mcfne, or a Writ of Cuftoms and Services ; for ail thefe
:

Concord, and beginneth in this Fines may alfobe found, Wejl {ubi fupra, feci. 23.) S. &> E. uxo- then this Form is obfcrved, the Writ is ierved Manner, fc. Inter R. Querentem rem ejus deforcientes, &c. (where inftead of Defor- upon the Party that is to acknowledge the Fine, he appearing, doth accordingly. See 5. The and then cientes, anciently Impedientes was ufed.) Foot of the Fine, which beginneth thus, H<tc ejl Dyer, fol. 179. num. 46. Fines are now only levifinalis concordia falia in curia Domini Regis, apud ed in the Court of Common Pleas at Wejlminjler, in iWeftm. a die Pafcha in quindecim dies, anno, V. regard of the Solemnity thereof, ordained by So as the Foot of the Fine includeth all contain- the Statute of 18 E. 1. Before which Time they ing the Day, Year, and Place, and before what were fometimes levied in the County-Courts, the Concord was made. Co. vol. 6. fol. 38, Court-Barons, and in the Exchequer, as may be Juftice
the Original

&

A double Fine con- one of Henry the Firft s Time Dugdale, none till Render back again, either of Henry the Second. See Impediens. This Word fome Rent, Common, or other Thing out of the Fine, fometimes alio fignifieth a Sum of Money Land, or of the Land it felf to all, or fome of paid for an Income to Lands or Tenements let
Conufors, or any of them.
;

Cafe. Thisivwe is either fingle or double. ,feen in Origines Juridiciaks & alibi. Plowden lays 39. Teye's Fine is that by which nothing is granted Ithere were Fines levied before the Conqueft or rendred back again by the Conufecs to the \Fulbec fays he has feen the Exemplification of

A jingle

taincth a Grant or

the Conufors for fome Eftate, limiting thereby many Times Remainders to Strangers, which be not named in the Writ of Covenant. Weft, ubi 21. Again a Fine is of the Eftect difuyra, feci. vided into a Fine executed, and a Fine executory. A Fine executed is fuch a Fine, as of its own Force giveth a prcfent Pofleflion (at the lcaft in Law) unto the Conufee, fo that he needeth no Writ of Habere facias feifinam for the Execution of the fame, but may enter; of which Sort is a Fine Sur cognizance de droit come ceo qui il ad de fon done, that is upon Acknowledgment that the Thing mentioned in the Concord be Jus ipjius Cogniztti ut Weft. feft. ilia qu* idem habet de dono Cognitoris. 51. And the Reafon of this feemeth to be,becaufe this Fine pafieth by way of Releafe of that Thing, which the Conufee hath already (at leaft by Suppofition) by Virtue of a former Gift of the Conufor. Co. Rep. lib. 3. fol. 89. Cafe of Fines, which is in very Deed the furett Fine of all. Fines are fuch as of their own Force do not exexecutory ecute the Pofleflion in the Conufecs, as Fines fur Conufance de droit tantum, Fines fur dones, Grant,
Releafe, Confirmation, or Render ; for if fuch Fines be not levied, or fuch Render made unto them that be in Pofleflion at the Time of the Fines levied, the Conufecs mill) needs fue Writs if Habere facias feifinam, according to their feveral Cafes, for the Obtaining of their Pofleflions except at the Levying fuch executory Fines, the Parties unto whom the Eftate is by them limit ed, be in Pofleflion of the Lands paffed thereby:

by Leafe anciently called Gerfuma fometimes an Amends, pecuniary Punifhment or Recommence upon an Offence committed againft the Kin<* and his Laws, or againft the Lord of a Mainor: In which Cafe a Man is faid Finem facere de tranfgreffione cum Rege,&Pc. Reg. Jud. f. 25. a. And of the Diverfity of thefe Fine', with other Matter worth the Learning, fee Crompton's Jujlice of Peace, fol. 141, 143, 144. and Lambard's Eiren. lib. 4. cap. \6. But in all thefe Diversipag. 555. ties of Ufes it hath but one Signification, and
;

that
it

is

a final Conclufion, or
Parties.

End of

Differences

between
is

And

in this laft Senfe,

wherein

ufed for the Ending and Remiffion of an Offence, Brailon hath it, lib. 2. cap. 15. num. 8. fpeaking of a common Fine, that the County paycth to the King for falfc Judgments, or other Trcfpafles to be aflefled by the Juftices in Eire before their Departure, by the Oath of Knights, and other good Men, upon fuch as ought to pay it, with whom agreeth the Statute 3 E. 1. c. 18. There is alfe a Common Fine in Lcets. See Kitchin, 13. Vide Common Fine. Flita, lib. 1. c. 48. and

on Lit. f.126. fine amiuflanoo lebato De STenenienfn qunti fllir Pe antique) lioniinico. Is a Writ to the Juftices, for the difannuUing of a Fine, levied of Lands holden in ancient Demefne to the Prejudice of the Lord. Regijl. Orig. fol, 1 y.
Co.

For in

this

Cafe fuch

Fines

fine capiendo n.'O time, . Is a Writ lying one that, upon Conviction by a Jury, having his Lands and Goods taken into the King's Hands, do enure by way of and his Body committed to Prifon, obtaineth
for

Fa-

F
Favour
mitted
for a

I
to

F
be re^FirOmilOt?,
i.

Sum

of Money, Sfe.

e.

Goods
fol.

his lmpriibnmcrit, to be redelivered

and

his

Lands and
Reg. Orig.

Army
Ibid.

unto him.
the fWx*

diatcly

which under

Preparation to go into the another Offence immr the Cogniiance of too King.

was

142.

jFinc
tificial

tfntt Cometh of

r faff. Sec Ferdfare. orexaci, and the Subllantivc fiwdf, in Lafo that it fignihes an abfolutc Nceellity ;fir$>fo?nr, i. e. Exempted from the Army. From or Conltraint not avoidable ; as when a Man is the Sax. Fird, Exercitui, and Sow*, Exemfti*. Sec TridfioU. conftraincd to do that winch he can no way ajFirDffole. Jfirfttoitff , A Mul& or Penalty impofed on mi void, we fay, He dorh it de fin* forte, and in this Senfc it is ufed, Old Nat. Brev. f. 78. ncl in the litary Tenants for their Default in mi apj 12. and in Perkins, Dower 521. in Arms or coming to an Expedition. Statute 35 H. 8MiI.uk. In Mantell and Woodland's Cafe. Plow. f. 94. And detraBatt mulBa. LL. Canuli, far. a. cm. Sac in Cafe, cited in Foxley's Cafe. Co. 6. Rep. Firdwit*.
I

Fw, Minifying
tin Vis
;

fammamm

JPiroerilH8<1 f Furniture for the Army. Adje&ive Crafty, lumetimcs ar- thung*.

See JRr-

<"

f,l.

Eyton's 111.

^FrOtorft)i, Feriiorithi,
fce

military

Man, r Man

Cruris be Krge worthy to take Arms, or muftrcd, or enrolled to a Writ direScd to the Jufticcs appear upon any occafional Expedition. ;y>if", M. Is of the Common Pleas, whereby to licence them to Vth u* Abbas c> Fratres RameJU hMant Saiam in omnibus fuper homines qui funt Motwrtbi Frcdwrthi, admit of a Fine for Sale of Lands held Capite. Faldiurtbi, in ifio hundred* c> dimU.t. Hiftor. 167. Reg. Orig. fol. e. To compound, or make nafterii Ramcfci. in Edit. Gale. cap. 103. jifmni'i r.i'.rrt,

#mc

Iriwn&o

armrmrnrw

Mo

;'.

Satisfaction for

H.

1.

kam, jfme

53. 1 So. p.

c.

in

a Crime. 'Tis mentioned in Leg. Mat. Pari]', p. 586. and in WalfivgIs a ptrirtuf ulaetfanrio, Officers of Courts ro take

fac.

mm

awiento v:o
Pleading.

Writ
Plcder.

to

inhibit

Fines for fair

Reg. Orig.

fol.

179.

if\m r>;n rraiffeiftna raprenca. *r. Is that lieth for the RcJeafe of one laid in Pri&n to dirci Sailors in the Night, or give VVarning for Rcdijfsiftr., upon a reafonable Fin*. Reg. Orig. of the Enemy. jFire-toofF, For the Compofrtien of the Word, foL 222. It fignificth an Allowance of Wood! Fines paid fee Hay-bete. JFfiifsi fo; animation are reafonable to the King by his Tenants in chief, for Licence or Eftovcrs, to maintain competent firing for th e to alien thefr Lands according to the Stat. I E. 3. Ufc of the Tenants: Which the Common Law
cap.
1
1

Yarmouth. Temp. Ed. a. Perhaps from t,,o Saxon Fyretor, a Beacon or a High Towe* by the! a Writ Sea-fide, wherein were continual Lights, either"
See

Qytd fine dilation* levari c> repsrari fipta c> Firebares fuper monies altiorts in qua" libet Hundred*. It* quod tola patria, per ilia figna, quitiefcnque n*ceff*fMerit, prammtiri fotefi, G*- Ordinatio pro vi^iliis obfervandis a Lynne ufijuo
JfrE!3arf ,

by But ice the Statute lately made. 12 Co*. any Man may take out of the Lands granted tohim. z. cap. 24. tfiresiDjaeaf, Our devout old Ancestors had J Jfine* pzo licmrta conco^cranor. See 21 H. 8. See Fine. way of Purgation or Acquitting thenvfeives from cap. 1. Jfine fur ronceffir is a Fine levied upon the any Charge or Accufation of Crime, by an ApGrant of an Effcate for Years, to bar the Heir in peal as it were to God himfislf, and therefore called k Dei judicium, or God's Ordeal. Tail during the Term. This was or Pay a Fine \ipon Compofiri- commonly of two Sorts, F.reOrdeai and WaterjftlllFf, To Fine on. Inquirendum ejl etiam qua. vidua non ftnie- Ordeal. This Fire-Ordeal, which was the Privirunt pro fe maritandis, &P finis cafiatur ad opus Bo- lege only of Freemen, and the better Sort otf mini Regis. Rog. Hoveden, p. 783. F/w/reis alfo People, was twofold, either firfi, by flopping bare the fame with Finem facere in Brompton, pag. 1105. Foot and Blindfold over nine Plough-fliarcs redQuando Rex Scoli* cwii Domino Rege Finivit, GPc. hot, laid in length at equal Diftance, which if the Defendant paffed unburnt, he was and in Hoviden, pag. 7S3 judged becauie Vita Innocent, but if burnt, he was concluded JFillif.u, i.e. Death; fo called, Guilty, Or Secondly, By taking a Piece of red-hot Iron fn Finitur morte. -funis of <25clt> anti ^ilfofr Be thofe that pu- the Hand, ufually of one Pound Weight, which rify and feparatc thofe Metals from other cour- was called Simple Ordeal, or of two Pounds, which Anno 4 Hen. 7. rap. i. was duplex, or of three Pounds ier, by Fire and Water. Weight, which They be alfo in the fame Place called Patters, was triplex Ordalium. See Water Ordeal. ibmetimes Departers. tfirlot, a certain Meafure of Liquids, fomeJfmfutf, 'Tis mentioned in rhe Laws of H. 1. thing more than a Gallon. From the Sax. Feeaur, and is the fame with Fengcld. From the Sax. Quatuor, and Lot, portio. 1-.-3. feod, Inimicus, and <wite, MulBa, flrmn, Ad firmam mBis, Was a Cuftom or for ^liirtlo, i. e. a Viol, or little Bottle. Tribute JflCU paid toward* the Entertaining of the Mat. Parif. 46. In aurata Fiola turn vinum cohra- King for one Night, according to Domefday. Comes tum acceperis, time venena. Meriton T. R. E. reddebat firmam unim noBis See Feria. that is, Entertainment for one jr.tse. Night, or the Va)lx ifne, i.e. a Going into the Army, or Ta- lue of it. Firma Regis, anciently pro villa Regit, From the Sax. Fird, Exercitus, feu Regis ManerU. Spelman. lcing up Arms. By a Charter of King and Fare, iter. 'Tis one of the Offences which Edgar to Ely, it is limited to a Penalty, to- pay properly belongs to the King's Determination, one Night's Ferme,if the Privileges be broken by Qui Burghbotam, i. e. a Contribution towards any Man. Sec Domeflay. Firma is alfo ufed for Rent ; as in this ancient Briglntam, i. e. towards buildbuilding a Caltle e. u not ing a Bridge ; vol Firdefaro fuperfederit Precept of William rhe Conqueror. WiUielmus Rex Anglorum Willieim* de Cahumis falutem. Prarigone into the Army. Leg. H. 1. cap. 10.
2.
.

/'.

fio

F
pio
i'thi

I
Schiram
de

F L
Hamtonia Sp by the

ut facias convenire

judicio ejus cognofce,fi

terra de Ifliam reddidit

Firmam

Monachis SanEli Benedict, &>c. Ex Regit*, de RamLand let apud altam frmam, i. e. at fey in Scacc. the Rack ; and Ftrma alba, Rent paid in Silver, not in Cattle or Provision for the Lord's Houfe.

Stat. 1 El. c. 4. yet was the Court never rcftored but all Matters therein wont to be handSee Anled, were transferred to the Exchequer.
nates,

^FlCtl),

5Ftrt!lUliga,

See Black Maile.

grefs,

or rather Fyrht, a Ghoft. an Expedition, or military Profor Preparing for an Expedition. Du

Firma is takenfor a Banquet, Supper, or any Pro- Cange. a Villain. ;JFirralmu.er, vifion for the Tabic. Mandavitque Regi quod ad jFifftgarffj, {An. 23 H.8. c. 18.) Dr. Skinner, in Firmam fuam properans cibos faljatos fufftcientes inveH. Huntingdon, lib. 6. p. "367. And Knigh- his Etymologuon, (ays, 'Tis an Engine to take Fifh ; ttiret. fame Thing faith, Ad feftum but it feems rather to fignify the Dam or Wear ton, fpeaking of the Ftrma is in a River, where thefe Engines are laid and ufuum properans. In Dcmefday the Word For Garth in the North is ftill ufed for a fed. often mentioned, viz- Reddere Firmam unius noBis unum diem de Firma ; de hoc manerio abla- Backfide or Homefted. Reddebat the Pipe which was put into the ^Flffulfl, te ten* qua reddant Canonicis T. R. E. Firmam quaout of which the Communicants fucked the tuor feptimanaram : That is, Ftrma no&is is a Sup- Cup diet a Dinner, and Firma quatuor Sep- Wine : Diviftt Ecclefiis cruces, altaria, fcrinia, &>c. per, Ftrma timanarum is a Provifion for fo long Time. Du fitulas, Fittulas c> ornamenta varia. Flor. Wigorn. Anno 1087. 'tis taken for Money paid inCange. Sometimes See Furrere. jiittt). ftead of Vi&uals. Habemus igitur de maneriis no;JFltlltoite,But more rightly Ehtewite, From the Firmas. firis 53 fometimes Firmabu- Saxon Feoht,pugna, and Wite,mul8a ; fothat it is a Jfirmacutum, a Button ; Fine laid upon one for fighting and breaking the lum : As, capum choralem dilaceravit, &> FirmabuPeace Si pugnaverint &> percufferint fe, lum quod wlgo morfus didtur. Matt. Parif. quamvis or Holding to Firm. The fanguinem non extraxerint, Prior babebit inde Fithwite, if irniaratio, Firming amerciamenta. Ex the Lands and that is, Regiftro Priorat. de Firmary's or Farmer's Right to Canonicus Cokesfoid. Tenements let to him ad firmam. Was a famous Lawyer in the firmx folutionem per dies omiferit ifit3l)frbert Firmarius fi a firmaratione cujus, fi firmam bracino vel Days of King Henry the Eighth, and was Chief
: :

Juftice of the Common Pleas ; he wrote two Books ipfo faifo fit amotus. of great Reputation, one An StatutaEccl.Paulinx. MS. f. 49. b. Hence anAbridgment of the was the old cuftomary Rent. And Common Laws, another intituled, De Natura Bretiqua firma was farmed out, or let for fuch a cer- vium. affirmatus iFlaCCUjB , A Felck, a Fletch, an Arrow, See Mr. Rennet's Glojfary in Fr. tain Firm or Rent. Fleche. dareReginaldus de Grey tenet manerium Ad firmam as deWaterhall in com. Buckingh. per fervitium inveni^firmafto, Ftrmationis tempus, Doe-feafon, Et fciendum eft quod endi unum hominem fuper unum equum fine fella pret. to Buck-feafon. oppofed 8 hie computatur inter Feftum bea- xv. fi* unum arcum fine corda, & unum flaccum tempus pinguedinis exaltationem SanBa Crucis fine capite, cum Dominus Rex mandaverit. ti Petri ad vincula 17 Edw. Et tempus firmationis inter Feftum S- Martini QP 3 beau Maria. 3 H. III. /fUro, a Place covered with (landing Water: Purtficationem with Food ; Si cirlifcus Aqua, &c. in paludem horridam in lutum ex Fla5rurYl~tV:, a Supplying cone diutina condenfata. Monaft. 1 Tom. er homoforisbanniti Firmationis accufetur p fuam ipfts pag. vietam neget. Leg. Inas, c. 34. i. e. accufed of gi- 200. ^Flatta, the fame with Flaco. ving Victuals to a Fugitive. well forti5FlafrO, A Flask, a Bottle jfirmttae, a Fortification or Caftle Inftituehant fieri ftrepitum magnum tundent'tbus fied ;Et niminfeftinatione Saxonum ca/asfeu Firmitafingulis Du Cange. flageliantibus clipeoi &> galeas, cellas &> ajferes, dolia tesfubito introivit. or Furmety &p flafcones, pelves Gaufridus de patellas Jfirtnum, Feorm, Food, ViSuals, Vinafauf. Iter Richardi to entertain his labouring Te Regis, cap. 1 3. lib. 4. given by the Lord dimid. craniflUCta. A feathered Arrow, or fledged Arrow, nants. Quilibet debet flageUare duos buffello. frumenti con- a fleet Arrow. Radulphus le Fletcher tenet in Branock frumenti ad femen, Cartular. Abbat. dele com. Line, per fervitium reddendi per annum vitra Natale ad firma Jua fadenda. Glafton. MS. f. 39. a. Rather perhaps Rent paid ginti fleftas ad fcaccarium Domini Regis 9 Ed. 1. otherwife called Sagitta fle&ata. in cuftomary Services. WiUielmus the Monks of de Grefeley tenet manerium de Drakelow, in com. ifirmUiS, Will, de Crejft gave to Mill cum libera firmura of the Dam Derb- P reddit unum arcum fine corda, &> imam Blytb a certain de Tatesbit, & duodecim f it, Reg. de Blyth. This Dr. Thoroton cn- pharetram lagittas fle&abut that is ftill a hard Word. tas. Ibid. p. 1 5. glifhcs FreeFtrmage, IfleDtoite or tfliphttoite, (Sax. flyht, I think it intends free Liberty to fcour and fuga, and the Mill-Dam, and to carry away the Wife, mulila) fignifics in our ancient Laws, a repair Difcharge or Freedom from Amerciaments, when Soil, &c. one, having been an outlawed Fugitive, comes Culminis ruina. ^FtrlLalli, to the Peace of our Lord the JFirfl'fiUif , .or Annates, Primitia, Are the King, of his own Thus Raftal. But Profits of every Spiritual Living for one Year, Accord, or with Licence. to the Pope through all Qu*re, whether it does not rather fignify a Mul& given in ancient Time Chriftendom. But by the Stat. 26 H. 8. cap. 3. or Fine fet upon a Fugitive, to be reftored to the tranflatcd to the King here in England; for the King's Peace ? a Court erected JFlPCf, (Sax. Fleot, i. e. a Place where the WaOrdering whereof, there was diflblved Anno primo ter ebbs and flows, a running Water.) A famous 32 H. 8. cap. 45. but again Maria, Sejf. 2. cap. 10. And fince that Time,! Prifon in London, fo called, as it fcemeth, of the Cambd. Brit. tho" thole Profits be reduced again to the Crown I River upon whofe fide it ftandeth.

camera folvere tenebatur,

&

',

&

&

&

'

&

pag-

F L
unablo,

F L
&

Unto this none arc ufually commit- Priniipe conceduntur, potejl in Curia fun cognofere de pag. 317. and his Laws, hujufmodi tranfgrejpanibus ; velmulBas indt prjveniented, but for contempt of the King or upon abiolmc Command of the King, or tes in Curia Regis, a drlinquentibus exigere fibimet fomc of his Courts. Or litltly, upon Debt, when retinere. Thus Sbtiman. I litwite, i. c. Quod Prior or unwilling to fatisfy their teneat Platita in Curia fiia de contentionibus Qp conviciis Men arc
hominum fuorum Qp habeat inde Amerciament.!. Ex and fWb, Saxon Flema, an Outlaw, and Reg. Priorat. dc Cokesford. a Plea of Quo Warranto, Abbai JFIOOD niaifc, The Mark which the Sea, at Fltt, a Houle. In me- flowing Water and higheft Tide, makes on the de Burgo dicit quod clamat annum &= vallum dium tempus per h*c verba Flcm Qp Flcth. Trin. Shoar. Accordant a ceux Ordinances les Admirals
Creditors.
tflfni

&

ont ufe leur Authority

en

les lieves

avant

dits

(from chafes faits ouflre le Mere ceft temps, ftbien per or Outlaw, and llcan, to kill or flay.) By Vir- Qp fur le Mere, come entre le Flodcmark Qp Andcrfon's Rep. f. 189. Con/latue of this Word were claimed Etna felonum, as Low Water-mark. J See ble's Cafe. E. 3. appears upon a Quo Warranto. Temp. 1 R. 5. c. 8.) a Kind of Cloth JFl.-jencff, (.Anno Keilwey's Rep. f. 4-5- * 5FImfnafpn'nt!ir, fo called, brought from Florene hither fome If emniefirinfl;e, (RcQius Arras, Darnix, Cambrick, CaUico, from 1,1, In.e. c. 29, Qp 47- LL. etiam H. I. c. 10, 12.) was called or Relieving a Fugitive. the Places where it was made. fignihes the Receiving rfflr^encf, A current Piece of Englijb Gold. Cum Sacba HP So ba, To! QP Team, Infangenethaf 1 1 Ed. 3. every Gridbreche, Forfial, Hamfocne, By Indenture of the Mint Flemcncsfyrinthc Carta Edw. Conf. Mo- Pound-weight of old Standard Gold was to be Bloiwite, Ordel QP OrejleI 6nd this Word often in coined into Fifty naftcrio dc Waltham. Florences, to be current at fix As Fleme- Shillings a Piece, all which made in Talc Fifteen ancient Charters crroneoufly written or into a proportionable Number of half Flemenefret, Fleumenefremeth, flemanisfiit, Pounds, nejerd, Flemenewurde, Fremenefenda, and I'lemene frettfbe Florences or Quarter Floren.es. All doubtlcfs intended for the fame Thing: From JFIOtagea, that, is a Swimming at the Top, the Sax. Flima, Fugitivus, and Firmean, viHum which we properly call floating, are fuch Things as fwim on the Top of the Sea, or other great prtbtre. and JrlnmnefrfMl)e Arcfaid Rivers the Word is ufed fometiincs in the Comijflemcnftffrnm to be the Chattels of Fugitives. Mich. 10 Hen. 4. miflions of Water-Bailiffs. 'See FlemenefRot. 59. jrlota nabium, a Fleet of Ships. Rex Hertf. 59. Coram Rege, fciatis quod confiituimus Johannem de Roches Admiralfrinthe. the Liberty to Challenge turn noftrum Flotas navium ab ore JFeilltfirite Signifies aqut, Thamift* the Cattel or Amerciaments of your Man a Fu- verfus partes occidentales, quamdiu nobis placuerit. Rot. of Words. Fleta writes Francia. Anno 6. R. 2. m. it. gitive. Raflal's Expofit. it two different ways, vizJFlOtfon alias Jflot3ain, (from the Sax. Fleotan. flemenesfrevie and Fleand interprets it, Habere catalla Fu- i. e. natare) Is a Word proper to the Seas, Signimenesfreiftbe, Sec Flem and Flemenes- fying any Goods that by Shipwreck are loll, and gitiVorum, lib. l. cap. 47. lie floating or fwimming upon the Top of the ferintbe. Jflfta, A feigned Name of a learned Lawyer, Water, which with Jetfon, and Lagon, and Shares, that writing a Book of the Common Law of Eng- are given to the Lord Admiral by his Letters land, and other Antiquities in the Fleet, termed it Patent. Jetfon is a Thing caft out of the Ship, therefore Fleta. He lived in the Times of Edward being in Danger of Wreck, and beaten to the See his firll Book, cap. 20. Shore by the Waters, or caft on the Shore by II. and Edward III. and lib. 2. cap. 66. feB. Item quod the Mariners. Co. Vol. 6. fol. 106. Lagon alias feff. Qui ceperint, nullus. Lagan or Ligan, is that which licth in the Bottom fiCtS, A Flota, a Flete, or Place where the of the Sea. Co Ibid. Shares are Goods due to two Difta terra ertendit or more by Proportion. Sec Co. lib. Tide or Float comes up. j. Sir Henry a communi via de M. verfus aCafe. fe in longitudme Conjlable's nuilonem ufque ad FIctam de Ee verfus aufirum. Cart. jflpmai), a Fugitive. Hence Fleet Ditch, and fleet Bridge in JFocaajum, the fame with Husbotum. 14. 4. 5. London. iFocalr, i.e. a Rjght of taking Wood for the a Payment or Mulft exafled Fire: In eadem Haia 10 Carratas irlttgffojf!', claujlur*, Qp 10 From the Carratas Focal is recipiendas annuatim per vifum ferfrom him who defcrted the Army vientis met. Monaft. 1 Tom. pag. 779. pag. 603. Sax. Fleaii, fugere, and Feoht, pugna.
jFlt'tna&arf,
1

the Sax. flema, a Fugitive

tanque a

&

&

French Melle, which containing eight Pigs, every Pig three and twenFlitch is called Flitting, in fometimc is conjoined with Hand-ftroke, and in ty Stone and a Half. In the Book of Rates a ibme Books Phuitum de melletii, is the Plea of Fodder of Lead is fuid to be Two thoufand Pounds Weight ; at the Mines, it is 22 Hundred and a beating or ltriking. Sec Fledwit. But indeed more truly Slidethrift, Half; among the Plumbers at London it is 19 Jfllbfflj^'lff, othcrwifc called Shovegroat, is the Game now Hundred and a Half. known by the Name of Shovel-board, mentioned JFauDrrrojium, Provifion, or Fodder, or Forrage, to be paid by Cuftom to the King's Purvey52 H. 3. c. 9. ors D. f liijlK. See Finer. Johannes Albas S. Edmundi from the Sax. Stephanus, Prior Qp Conv- Stat aunt Jfliftbtoitr, alias jFlifJuite, ( quod de exitibus maneriurum Canventus, exceptis redditibus qui dicuntur Flit, Contention or Strife) fignificat mulBam eb contentions, rix.ts Qp jurgia impojitam, Qp cut htc a bidagium Qp Foddcrtorium, feciis bominum ad

Skene de verb. Jignif. Capiatur focale quatenus alias PrtDtojte. f.eri potejl de ficcis Qp inMclletum, faith, That Flkbwit is Liberty to fruBuoJts ramis 6p arborihus, &C. Stat. Eccl. Paulin* hold Courts, and take up the Amerciaments pro MS.f. 44. b. mellitis ; and the Reafon he gives is, becaufc JrODfiti , Or Father of Lead, a Weight of Lead
JPIftUittf
verb.

&

&

bun.

hundreds., qua funt quafi regalia, nihil habebit vel habeCart. S. Edmundi re debet Dominus Abbas, &>c.

Ex

dhunt Folkmote, /. e. Convocatio populorum &f gentium omnium, quia ibidem omnes convenire debent &=
ibi

MS.

f.

102.

providere

debent

JFotirr,

(Sax. Foda.

i.

e.

fomc Places ^OlDJCOUrfr, Cro. 2. par. fol. 432. Vide Faland Straw mingled together is accounted Hay See Forage. But among the Feudijls it is u- dage. Foder. Si ifolgarp, i. e. to be of fome Decennary fed for a Prerogative, that the Prince hath, to be ab una manfione ad aliam tranfire veFit, fiat hoc of Corn, and other Meat for his Hor- quis provided teftimonio Aldermanni, in cujus Comitatu prius folgafes, by his Subjects, in his Wars or other Expevit. Leg. Alfred, c. 33. ditions. Hotoman de verbis feudal. See Fother rffOlgani, Menial Servants. In Francoplegio deNection redditus, qui dicuntur Hidagium &P Fodderfor

Meat

Hot fes or other

alimentuni) Cattcl ; in

commune any Kind of dermannis.conjilium.

Leg. Alfred,

indemnitatibus Corona regni per cap. 35. de Al-

corn, in perpetuum Abbatibus (de

nentur.

S.

alii qui qui dicuntur, Folgheres, quia net fcefs, Grafs, Herbage, Fr. Foiffon, ex dono Rai- debet quis repellere fervientem fuum antequam purgatus naldi de Bordeneio fex folidos in Foefa foreft<e &> decide omni calumnia unde prius fuit calumniatus. Mon. Angl. Tom. 2. p. fit mam molendinorum ipfius. Bract, lib. 3. traft. 2. cap. 10. From the Saxon

Edmundo)

bet effe

defig-

omnis qui terram tenet

& domum,

qui dicuntur

Mon. Angl.

Part.

f.

291. a.

Husfafiene, Anglice, Houfc-keepers,

aliis

& etiam

defervient,

906. b.

rffogagf,

Fogagium,

Fog, or Feg

Rank

Grafs

Folgere, famulus.

not eaten in
15-

Summer.

Leg.

Forefiar.

Scot.

jfolgl)erejBf or ^olgeres, (From cap. ger, i. e. to follow) are properly

the Saxon FolFollowers but

;

BraBon

(lib.

3.

traff.

2.

the Land of the eos qui aliis deferviunt. Vide LL. H. 1. JrOklanti Was terra vulgi, cap. 9. Serno Eftate therein, but vants or Domefticks. vulgar People, who had held the fame under fuch Rents and Services as ^Oligerp, an Herb ; Forfan Filix : Et debet colliwere accuftomed or agreed, at the Will only of gere Fongcrc. Du Cange. Sec Foutgeld. their Lord the Thane, and it was therefore not rffootgeld. ' accounted Prtdium rufilum&P Out Of file Jfine. See Chirographer. put in Writing,but Vid. Spelman of Feuds, ca. 5. tfoiaqe, (Fr. Fourage) Fodder for Cattel. Cefies ignobile. that font les Covenants feates le Vendredy prochein devant le jffoltmote or folfeiuorp, Saxon Folkgemote, and Fefle de Seinte Jake 20 Ed. 3. Perentre is Conventus, populi, compounded of Folk,populus, I'Apojlle. in Nicbol de Stone d'une Gemettan, cor.venire, fignifies (as Lambard faith parte &P John de Blount d' auEt le dit John trovera au dit Nihis Expojition of Saxon Words, verbo Conventus,) tre parte. two Kinds of Courts one now called The Country- cbol herbe dP feyn &> Forage four un Hakeney &> deux This Word vaches, Qpc. Penes Wal. Kirkham Blount Bar. See Court, the other, The Sheriff's Turn. is ftill in ufe in the City of London, and denotes Foder. Celebrem ex tota civitate conventum. Stows Survey of ^ftajum, Straw when the Corn is threflicd

cap.

10.) fays, it fignifies

Helm. Ex Canular. S. Edmundi MS.f. 321. ^O^anum, A Furrow, a Furlong. Per viam mines univerfi totitis Regni Britannia facere debent in qua ducit ufque Tatteford, ufque ad Forarium de Folemotc fidelitatem Domino Regi, coram Epif- Long furlong, &iterum a diBo Forario de Long furpleno In Leg. Edw. Confef. c. 35. Et am- long ufque ad Munimenta Hofpital. SS. Tricopis Regni.
in Hufienge, Miskenninga, i. e. fpcaking plius non fit amifs, net}; in Folkcfmote necjue in aliis placitis infra

But Manwood fays in his Forefi-Laws, Court holden in London, wherein all the Folk and People of the City did complain of the Mayor and Aldermen, for Mifgovcrnmcnt within the City. Somner in his Saxon Dictionary a general Affembly of the People, to fays. It is confider and order Matters of the Commonwealth. Omnes proceres Regni &> milites Of liberi hoLondon.
Folke is the

out

Cujlumarius de Hardewyk

triturabit

de quolibet opere dimidiam quolibet genere bladi per menjuram grangiarum habebit in receffu fuo quando triturat ad grangias

&P mandabit pro

fummam

&

ad

quodlibet

Forragio

opus quantum poffit femel colligere de tunc triturato cum &P dicitur raflello,

on of the Bifhops, Thanes, Aldermen, and Freemen, upon every May-Day yearly ; where the Laymen were fworn to defend one another ; fware realty to the King, and to prefcrve the Laws of the Kingdom, and then to confult of Common Safety, Peace and War, and publick Weal. But Dr. Brady from the Laws of our Saxen Kings, does infer that the Folc-Mote, was an
inferior

JFtVbalra, A Fore-balk, or Balk, lying forCivitatem. CUarta H. I. pro London. Du Cange. As to ward or next the Highway, Conceffit etithe Folc mote or Folc Gemot, Sir Hen. Spelman tells us am eis omnia alia emolumenta de pradiBa villa vel it was a Sort of annual Parliament or Conventi- curia fua qualiter unque in villa vel in
furgentia, fcilicet, Waftis,
rabilis,

nitatis de Pontefraffo

MS. f.

53.

hirnis,

campis ejus forbalcis terra a-

num.

a fordikis circa fuum molendinum Pctrus Blefenfis Contin. Hift.

&

fiag-

Croyland,

pag. 116.

Court, before the King's Reve, held rather every Month to do Folc- netur ei aliquod jaramentttm. Conftitut. Canuti de to compofe fmaller Squabbles, from Forcfta, fet. 12. Riqht, or Sec Forrare. whence Appeal- mould lie to the fuperior Courts jfo^atoj. See Dr. Brady s Glojfary, p. 48. When ;ffo,2barrp, or fojosr, is to Bar or Deprive ofjuftice. Anno 9 Rich. 2. cap. a. and 6 H. 6. this great Affembly is made in a City, it may be for ever. called a Burgemote, when in the County a Shirege- cap. 4. Cunt aliquid vero inopinatum &* malum contra wot. ;Jf<VbatU?)U#, fOlfi!(tl\8 : This is when the Avel contra coronam Regis, @Pc. emerferit, fla- greffor is flain Et fie Veritas fine ullo conludio, c> regntim eft tim debent pulfatis campanis, quod Anglice vacatur a- in fua culpa fecundum legem forbatudum fecit, i. e.

From the Sax. For, pro, and Sax. Ath ^fo.'aclje, juramentum. Liberalis autem homo, (/. e. Pegen.) modo crimen fuum non inter majora, habeat fit fdelem hominem, qui poffit pro eojurare juramentum, i. e. Foor rathe. Si autem non habet, ipfemet juret, nee perdo-

Steward

motbel, convocart omnes

univerfos,

quod Anglice

ut qui foris Battiderit feu contra jus primo percujferit t. 2 So

F O
So where the AgrclTor
ta
is

F O
he
is

But it is indeed from the Fore or before, and dale, a Part or araho conjuret quod turn dt vita Forfaftum in- Portion. So as the ForSol, Fordolia, or rordatis ; was no more than a But or Headland that did terfee ffet. Of airttlOUr, (forbator) Si quit forba- (hoot upon other Bounds. j OJOllfliOJ Et non l.cehat lis aliped tor arma alicujus fufctptrit, ad purgandum, &c. LL. jFOirtljfflVUtll,
killed,
faid, de vi-

lation to Ford or River.

For,

Forfacrus

(v it )

Cf

tunc

ante

judicem

in

Sax.

Alurcdi.

MS. cap. %%. dare TbeoloniForccheapum facere Burghmannls, is moftufual- um fuum. Chron. Brompton. Col. 897, 898. de $0/i(t,Vii t In our Common Law, unlawful nave ncgotiali. LL. jEthelrcdi c. 13. It ly applied in fejortm partem, fignifying figViolence. Weft thus defines it, Symb. part. 2. Tit. nifics Pre-emption, from the Sax. Fort, ante, and

&

&

Force is an Offence by which Ccapan, nundinari, emere. Indirments,/<fff. 65. Violence is ufed to Pcrfons or Things; where 'al^TO^cloftO. {An. 33 Htn. 8. fo he dividcth it thus, Force is either Simple or fhut out, or excluded for ever.

cap.

is fo commit- 298. ; Simple Force is that which O^rfiMfr, Sax. Fort. i. e. ante, and Fangt, prtnted, that it hath no other Crime adjoined to it ; as if one by Force do enter into another Man's dere) King Ina did by Law prohibit Forefange, i. c. PofTcflion, without doing any other unlawful AS. Captio Obfonlorum, qua in foris aut nundinls ab allqiio Mlxt or Compound Force is that Violence which is fit, priufquam Minifter Regis ea ceperit, qua Regi committed with fuch a Fact, as of it felf only is fuerint neceffaria. LL. In* Reg. criminal : As if any by Force do enter into another tfatt-QOtrB were Purveyors otherwifc called, Man'sPoffcflion, and kill a Man, or ravifhaWoman Going before the King in Progrefs, to provide for An. 36 E. 3. c. 5. there, &c. He farther divideth it into true Force, him. and force after a Sort, and fo procecdeth to ditfCttriBtl (Fr. Forain, Lat. Forinfecus) is in our

59.) barred 2 Tart. Inft.fol

Compound

vers other Branches worth the Reading, as forci- Law joined with divers Subftantives in Scnfes not As foreign Matter, that ble Entry, forcible Detaining, unlawful Affcnibly, unworthy the Expofition is, Matter triable in another County, (PI. Cor. Routs, Riots, Rebellions, &>c.
:

vtrla

Qui fugavtrunt afojcelftum, A little Fort. ad forceleta. Fleta, lib. 1. cap- 20. par.

f.

54.)

or Matter done in another County. Klub1

In, fol.

16.

a Refufal of the Judge, as injrwcibte tietainirw or fioloing of ^offffllon, Is competent, becaufc the Matter in Queftion is not a violent At of Rcfiftance by ftrong Hand of within his Jurifdiflion. Kitcbln, f. 75. An. 4 H. 8. Men wcaponed with Harnefs, or other ASion of c. a. And 22 Ejufdtm, c. 2. fe> 14. Fear in the fame Place, or elfewherc, whereby Foreign Anfwer Is fuch an Anfwcr as is not trithe lawful Entry of Juftices, or others, is barred able in the County where it is made, ij H. 6. 2. Tit. IndiS- cap. 5. or hindred. Weft. Symbol, part. ments, fed. 6$. Of this fee Cromp. Juft. of Peace, Foreign Service Is that whereby a mean Lord holds over of another, without the Compafs of ad 63. f. 58. ufque manu fortl faBus, Is a his own Fee. {Broke, Tit. Tenurtt, f. 28, 95, 2J1. jf dilute Entj>, Ingreffus violent aftual Entry into a Houfc or Land, &c. num. 12. fey 28. Kltchin, f. 209.) or clfe that which or Taking a Diftrcfs of any Perfon weaponed,whc- a Tenant performs cither to his own Lord, or to ther he offer Violence or Fear of Hurt to any the Lord Paramount out of the Fee. Of which there, or furioufly drive any out of the Poflefli- Services, thus BraBon, {lib. 2. cap. itf. num. 7. on thereof. Weft. Symbol, part 2. Tit. Indi&ments, htm funt quadam fervltla, qua dkuntur forinfeca, ad quamvis funt in Cbarta de Ftojfamtnto felf. 65. Cromp. Juft. of Peace, f. 58, 59. ufque txpreffa fey noIt is aifo ufed for a Writ grounded upon mlnata \ eP qua idto did poffunt forinfeca, 63. quia pertithe Statute 8 H. 6. 9. whereof read F. N. B.fol. nent ad Dominum Rtgem, fey non ad Dominum capita248. See the New Book of Entries, verbo Forcible Itm, nifi cum in propria inftrvi119.
Foreign Pita Is

PerfonaprofeBus fuerit

See Lamb. Eiren. lib. 2. c. 4. p. 145. tio, vet nifi cum pro fervitio fuo fatisftcerit Domino jfo^Oa, A Ford or Shallow, made by damming Regi quocunque mode, fey fiunt in ctrtis temporibus, Hon llceat all- cum cafus &> ntctjfttas evenerit, Qp varia babent noor penning up the Water cul de cxtero facere Dammas aut Ford as, aut alia mlna fey dlverfa : Quandoque enim nomlnantur forinEntry.
Jive aquagiis tio Monafterii

impedimenta in allquibus laudeis, viatergangiis, fcjfatis feca, large fumpto vocabulo, quoad fervitium Domini communibus in marlfco pradlBo. Ordina- Regis, quandoque Scutaglum, quandoque Servltium Domini Regis, idee forinfecum did Ramefienfis, p 69. poteft, qulafitSl' the Sax. Ford, i. e. a River, capitur foris, ^FojDflllJB, from five extra fervitium quod fit Don.ino ca'Tis mentioned in the Mo- pital!. nudum Foreign Service feems to be trajeBum.

&

five

nafticon.

Tom. pag.

657.

magnam aquam
ti,

de Ayre,

& Fordales ejufdem pra-

Et

Knights-Ser:

tendlt

uf'/ue

ad vice or Efcuage uncertain.

650. Par.f.

Perkins's Refervation,

Salvo forinfeco
6-37. b.

fervitio-

Mon. Anel.

'&c.
JrO^Otfea,

Grafs or Herbage, growing on the Foreign Attai bment Is an Attachment of Foreign or Bank of Dikes or Ditches. See Forba- ers Goods found within a Liberty, or a City, for lia. the Satisfa&ion of fome Citizens, to whom the FotfOJOOl, Jr O^Dalia Concept etlam els omnia reigner is indebted. At Lemfter (anciently Leomlnalia emolumenta de pradlila villa vet curia fua quallthere is the Borough and the Foreign ; which fire) tercunijue in villa vtl in cavipis ejus furgentia, fcilieet, laft is within the Jurifdi&ion of the Manor, but Fordol prati, not within the Bailiff of the ivaflis, birnis, forbalkls terra arabilis, Borough's Liberty. & fordikes fuum moleudlnum &P ftagnum. Petr. Ble- So Foreign Court of the Honour of Glouefter. Chuf. fen. Contin. Hift. Gayland, p. 116. Fordalis, in a 8Ei. m. 25. Foreign bought, and Fore gn fid, like Senfe, occurs in Mon. Angl. Tom. 1. p. 657. is aCuftom within the City of London, which being Et tendit ufque ad magnam aquam de Agr. fey Forda- found prejudicial to the Sellers of Cattle in Smithles ejufdem prati qua percutiunt ex una parte fnper pra it was enafted 22 fey 23 Car. 1. That as well field, This later Word Des Frefne conturn HoJpit alls. Foreigners as Freemen may buy and fell any Cattel founds with Forda, and thinks it implies fome Re- there.

Edge

Bb

JFo.

F O
-

F O

or JlppofkT, [Fovir.fecarum Fair. Other Courts and Officers are not fo requifipjjprtei an Officer in the Exchequer, to whom site in thofe Forefis that arc in the Hands of SubOppofitor) But if all Sheriffs, after they are appofed of their Sums jects, becaufe they be not truly Forefis. out of the Pipe-Office, do repair to be appofed this fail, there remains nothing of a Forefi, but the it is turned into the Nature of a Chafe. See Chafe. by him of their Green Wax. He examines Sheriff's Eftreats with the Record, and appofetb the The Norman Kings not only inclofed Forefis, but and killed any of the Sheriff, what he fays to every particular Sum punifhed thofe who hunted See Beafts, with the greateft Severity. Brotnpton tells Practice of the Exchequer, fol. 87. therein. 4 Infi. fol. 107. Chaucer ufeth the Word appofe for Us, That William, called the Conqueror, caufed the Eyes of the Man to be pulled out, who took interrogate. a either a Buck or Boar ; and Knighton tells us, tranfverfalis, feu Capitalis, Jfo^era, Terra Head-land, or (as they vulgarly call if) hade- land. That his Son William Rufus would hang a Man Vno capite abuttante fuper Foreram Rogeri At- for taking a Doe, and for a Hare he made him Decern a- pay twenty Shillings, and ten Shillings for a CoCharta de Anno 47 E. 3. tecallel. Eadmerus, lib. z. p. 48. mentions, That the cras terra, quartern 080 Veliones cum duabus Forcris ny. Charta Antiq. penes Eliam Afh- fame Rufus, caufed fifty rich Men to be apprefimul jacent in, &c. * hended, and (fecufed them of taking and killing molc, Arm, $ (Veff, Forefia, Signifies a great or vaft Wood, his Bucks, which they denying, they were to clear in French Lieu Forefiier &P Sauvage, in Locus fyl- themfelves by the Fire Ordeal, &V. and Hen. I. Such as have written upon the made no Diftin&ion between him who killed a vefiris &> faltuofus. Common Law, define it thus, Forefia efi locus ubi Man or a Buck, and puniflied thole who deftroywith whom agree ed the Game, (though not in the Fott^) either by fer* inhabitant wl includuntur, feveral others. Some do fay it is called Forefie Forfeiture of their Goods, or Lofs of Limbs But Man- Hen. 2. made it only Imprifonment for a Time vel tuta Manfio ferarum. cjtinfi ferarum fiatio wood in his Forefi-Laws, cap. 1. num. 1. thusdefin- His "Son, R. 1. revived the old Laws for puncheth it, A Foreft is a certain Territory of woody ing thofe who were conviQed of Hunting in the Grounds, and fruitful Pafiures, privileged for wild Forejl, (viz.) That they mould be gelt, and have and Fowls of Foreft, Chafe, and Warren, to their Eyes pulled out but that King afterwards Beafis and abide in the fafe ProteBion of the King, for abaliihcd this Punifhment, and appointed i'uch refi his Princely Delight and Pleafure ; which Territory of Convifts to abjure the Realm, or be committed, Ground Jo privileged, is meered and bounded with un- or to pay a Fine. Ed. 1. appointed the fame Puremoveable Marks, Meers 'and Boundaries, either niffiment, but that they fhould be free both of known by Matter of Record, or elfe by Prefcription, Life and Limb. The Hirtorians of thofe Times tell us, That and alfo replenifh'd with wild Beafis ofv entry or Chafe, and with great Coverts of Vert, for the Succour of the New Forefi was raifed by the Deftruftion of TwenirCUfilJin
is
:

and many Villages, faid wild Beafis to have their abode in ; for the Prefer- ty-two Pariffi-Churches, vation and Continuance of which faid Place, together Chapels and Manors, for the Space of thirty with the Vert and Venijion, there are certain particu- Miles together ; that this was fo difplcafing to lar Laws, Privileges and Officers belonging only to the God, that fevcral of thofe Princes came to unfame- The Manner of making Forefis, as the timely Ends in that very Forefi, and particularly lame Author well letteth down, cap. 2. num. 2. is that Rufus was there fhot by Tyrrell ; and before this, The King lends out his Commiflion under him, Richard, the Brother of Hen. 1. was there the Great Seal of England, dirccied to certain killed by a Soldier ; and Henry, who was Nedifcreet Pcrfons, for the View, Perambulation, phew to Robert, the eldeft Son of the Conmceringand bounding of the Place he mindeth to queror, did hang like Abfolom in the Boughs of the Forefi. be a ; which being returned into the Chancery,
Forefi

Proclamation

is

made throughout

all

the Shire

Befides
refis

New

Forefi,

there arc Sixty-eight Fo-

where the Ground lieth, That none fliall hunt or chafe any manner of wild Beafts in that PrecinS, without the King's fpecial Licence; after which, he appointeth Ordinances, Laws, and Officers fit for the Prefervation of the Vert and Veniibn and fo it becom^th a Forefi by Matter of Record. The Properties of a Forefi are thefe in efpecial ; Firft, a Forefi, as it is truly and ftri&ly taken, cannot be in the Hands of any but the King ; the Rcafon is given by Manwood, becaufe none hath Power to grant 'Commiflion to be a Jultice
;

in England,

Thirteen Chafes, and more than

Seven
that I
Forefi

hundred eighty-one Parks. The Forefis have read of in England are thefe, The
oiWindfir in
Berkfhire,

Brit. pag. 213. 190. Of Shirwood, Id. fol. in Cumberland, Anno 4 12. 202. Of Englewood 7. 6. And Cromp. f. 42. Of Lancafier, Idem, cap. f. Of Wolmore, Stow's Annals, p. 462. Of 195. Of Knaresborough, a I Gillingham, Idem, p. 113.

Cam.

Of

Pickering,

Cromp.

H.

8.

17.

den,

Idem, pag. 176.

King, cap. 24. num. I. Wlerfdale, fecond Property be the Courts, as the Ju- Dean, Id. pag. 266. 8 H. 6. 27. 19 H. 7. ca. 8. Seat every three Years ; the Swainemote Of St. Leonards in Suffex, Manwood, p. 1. 144. Of fiice thrice every Year and the Attachment one every Waybridge and Sapler, Id. pag. 63. Of Whitney, Third Id. 81. Of Fekenham, Cambd. pa. 441. Of Rockforty Days. Idem, cap. 21. num. I. The are the Officers belonging to it, for the ingham, Id. 396. Forefi de la mer, Id. 457. Of Property, As firft, Huckefiow, Id.- 456. Of AJbdowne, in the Prefervation of the Vert and Venifon County the Juftices of the Forefi, the Warden or Keeper, of Suffex, 37 H. 8. id. Of Whittelwood, and SwaVcrderers, Fdrefiers, Agiftors, Regarders, Bailiffs, fy in the County of Northampton, 32 H. 8. ca. 38. and fuch like, which you may fee, and Of Fronfelwood in the County of Somerfet. Co. lib. Cromwell's Cafe, fol. 71. Seadles, icir Duties, in Manwood, cap. 21. num. 1, 2, 3, 2. Waterdown Foreft, a both by Amdelworth and Dallingtcm, all in Suffex, hefides 4. But the chief Property of Forefi Manlrood, cap. 23. and Cromp. pag. 146". is the feveral others. See 17 Car. 1. cap. i<J. For the Swainemote, which, as they both agree, is no lefs Afcertaining the Meers and Bounds of Forefis. incident to it, than a Court of Pyc-powdcrs to a
in Eyre or the Forefi but the

Of WaltbamCaraI,Vrit. p. 328. OlBreOf White-hart, Id. 150. Of Of Lowr.fall, ibid. Of Id. pag. 589.

The

fts>

FO
faqio,

FO
&
\
[

viarum forcftam

lit fint quieti de VVardmeant contingentiur/i. Charta 18 witc, ft" de utlewc ft Forfengc cif Withfangc, Ed. 1. m. 10. n. 30.^ fccms to (ifnify fomc Duty Charta H. 1. Hofp. SanSi Earth. Lorn;. as 1135. Flcta, lib. I. or Tribute payable to the King's Forefitrs ; C-V. Forfenrquietantiam prioIt may likewifebe tari* pnf* So that Forfang is whut wc call defignat. Cbiminage, or fuch like. ken for a Right to u(b the Fore/}, or a Payment Pre-emption, and is the Taking of Provision* for the Right, or rather a Taking of rcafonablc from any one in Fairs or Market! before the King's Purveyors are ferved with Neceffariei for Eft overs there. ifO^CffanuP, The Forefter, or Keeper of .1 Foreft, his Majcfty. 5Fo?fUiurr, ForisfaBura, Cometh of the French afligncd by the King as Head Forefter; or Warden or clfc deputed by Knights Word forfaiB , id eft, feim; but in our of a whole Forejl Langnagc and Barons who held Lands and Woods within fignifieth rather the Effect of trani effing a penal Law, than the the Bounds of n as under Forejlers ForeJ}, Trangrefiing it felf, as ForfeiRex prtcipit quod omnes Mi qui bofcos babent intra me- ture of Efchcats. 25 E. 3. rap. 2. Stat, de Prodi tal forcftx Domini Regis, quod pontint idoveos Forc- tionibus : How Goods forfeited, and Goods confilcatc item prx ipit quodfui Forc- differ, fee StaunJ.f. pi. cor. ftarios in bofis fuis fol. 1S6. where thofc ftarii curam catiunt fuper Forcftarios militum & fcem to be / rjeited that have a known Owner,

JfOjffragitim, (Ft f,n quieti de Theoloneo rfi PafQp de Forcfta^io, &> Theoloneo aquarum

ceperit <fu tio vcl prcventio.

Rfpis ea

Regi fuetint necrfaria. Antccap

&M

having committed any Thing whereby he hath his Goods ; and thofe confifcate, that arc 5Fo;fRiT, Foreftarius, Is a fworn Officer of the difavowed by an Offender, as not his own, nor the King's Letters Patent, to claimed by any other ; but we may rather fay, Forejl, appointed by walk the Forefts both early and lute, watching that Forfeiture is more general, and Contifcation both the Vert and the Venifon, attaching and more particular, to fuch as forfei olny to the them within their King's Exchequer. Read the whole prcfenting all TrefpafTes againft Chapter, lib. own Bailiwick or Walk, whofeOath you read in 3-r. 24. Full rorfeiture, ,levaforisfaBura, othefwife thefc Letters Pa- called Plena Wita is Forfeiture of Lifeand Member, Crompt. fol. 201. And though tent be ordinarily granted but quamdiu fe bene and all elfe that a Man hath. Manwood, c. 9. The fome have it to them and their Canonifls ufc alfo this Word. ForisfaBura funt petugejferint; yet Heirs, and thereby are called Forejlers in Fee. Id. niar'u poen* delinquentium. f. 157, 159. By the fame Crampon in Latin,/. 175. fi Iftitwe Of S^map/, ForisfaBura Maritagii, Is a Writ which Ferejlarium feudi, lay againft him, who, holding a Judgment, by Knights-Service, and being under jfojftUDgrr, Forisjudicatio, Signifies Age, and whereby a Man is deprived, or put by the Thing unmarried, rcfufed her whom the Lord offer'd It feemeth to be compounded of him without his in Queftion Difparagcment, and married BraBon, lib. 4. another. F. N. B. fol. 141. Reg. Orig. fol. Tors, i. prater and judger, judirare. hath thefe Words, Et noti permit- 163. trail. 3. cap. 5. tat quod t\.%capitalis Dominus feudi illius baberet cuftojfo}ftn$, 0 e ma and tfojbenge. Quietandiam htred'il, &c. quia in curia nojlra forisjudica- tiam prioris prife defignat ; In hoc enim delmtur de cuftoiia, &>c. So doth Kitchin xiA it, /. 29' quunt Burgenfes Londinenfet cum prifas fuas ant* and Old Nat. Bret/, fol. 44. e> 8i.v#d the Scat- prifas Regit faciunt. Fleta, lib. 1. cap. 47. Sec c. 9. and 21 R. 2. cap. ity Forjudicatus, Forfang. 5 E. 3. with Authors of other Nations, fignifieth as much ;tfo?pbuIum, Forgavel, A fmall refcrved Rent A Quit-Rent, Ita quod ego Hcnricus as Banifhcd, or as Deportatus in t,hc ancient Roman in Money. Law, as appeareth by Vincentip&de Framhis, defcit Malmerius vel htredes met nihil juris de dido teneLib. 3. Feub. Rub. 31. ment cum pertinentiis de c<tero poterimus vend/care, 101. Mathxus de affliBis, exceptis vi. denariis de Forgabula annuatim perdpienp. 6zf. Officer of dis ad Pafcha pro omnibus fevuitih. Ex Cartularia JrO?etut)geo tfie Court Is, 'when an
aliorum.

Parochial' Antiq. p. 174.

foitQaL

See

Forfial.

loft

'

is expelled the fame for fomc Oftence, AbbatU de Radinges. Ms. f. 88. to or for not appearing to an A&ion by Bill filed tfo.gclDti, Forgeld, In the Charter of H. 1. in the later he is not to be re- the Church of St. Peter in Tork Canonici againft him ; and admitted, till he fhall appear. 2 H. 4. 8. He Op fuccejfores & eorum homines frit quieti fhall lofe his Office, and be fore-judged tbe Court. de omnibus geld'u, Danegeldis, Fer.geldis, Hornecldis, male judi- ForgcldisPe/^eW/x,theThing Penny, Hundred p*ny. Spelman fays, Forjudicare interdum

any Court

eft

care.

as JFO^efchofee (DireliBum) fignifies originally much as forfaken in our modern Language. -It is

the French Forger, i. accudere, to beat on an Anvil like a for Land or Smith, or elfe to fafliion or bring into fpecially ufed in one of our Statutes, Shape ; Tenements ieifed by the Lord, for want of Ser- and fignifieth in our Common Law cither him vices due from the Tenant, and fo quietly held that fraudulently maketh and publifhcth falfi and poffefTcd beyond the Year and Day. As if Writings, to the Prejudice of any Man's Right, we fliould fay, That the Tenant, who feeing his or elfe the Writ that lieth againft him that comLands or Tenements taken into the Lord's Hand, mittcth this Offence. F. W B. f. 96. calls it a Writ and pofTeffed fo long, takes not the Courfc ap- of Deceit. Sec Terms of tbe Law, verbo Forger of docs in due falfe Deeds, and Weft. Symb. part. %. Tit. Indictpointed by Law to recover them, Prcfumption of Law difavow or forfakc all the ments, feci. 66. See the New Book of Entries, Right he has to them And then fuch Lands verbo For^r de Faits. This is a Branch of that fhall be called Ferefiboke, fays the Stat. 10 Ed. 2. which the Civilians call Crimen falfi, Nam falf.iria ur.io. us qui decipiendi caufa fcripta publi falfiji. at.
:

Miskeningis, fOl$tt Of

cberagio, cbeminagio, Qpc. falfe JDD0 Conjcth of

MS.

cap.

eft,

crimen pro'rie dicitur, Speculator de crimine falfi, falfi JfOICfpfOn, Cajfatum. the Sax. Fore, Connanus utilitatis private caufa faBum eft. 5=02fang and ^Fojfftng, (From quod ante, and Fangen, prendere) eft captio obfoniorum, qua lib. 5. c. 7. num. 4. Adeffe falfitatis tria requirun in forts aut nundinis ab aliquo ft, priufquam Minifter tur, mutatio veritatis, dolus 8P quod alteri fit nochum, B b 2 &c.

&>c.

The

Penalty for this Offence

5

is

declared in

Clerk.
1 1

And

this

had Beginning from the

Stat.

the Statute of
^fO^gtrp.
5FOJjJt3,

El

4.

Sec Forger of falfe Deeds.

a Forge, Forgia ferraria, Henricus Rex Omnibus - from the Statute of Wejlm. 2, cap. I. It lieth in Monachis mels de Dene fiiatis me comejjijfe three Sorts, and accordingly is termed Forma decimam cafianearum mearum, QP grantjam qua dicidonationis, or Formedon in the Defcender, Formedon in libeturTua.rtcAzn&,&> unam forgiam ferrariamita the Reverter, and Formedon in the Remainder': FormeCart. Hen. II. ram don in Defcender, lieth for the Recovery of Lands, A Herdland, a Hadland, a Fore- ?y-c. given to one and the Heirs of his Body, or 5Fo?()fr0a, vi- to a Man and his Wife, and the Heirs of their Exceptis quinque Acris, land, "or Headland or to a Man and his Wife, being Coudelicet Ehingatre, iribus acris in Mujlund, una for- two Bodies, alia forherda/i foCnolle fen to the Donor, in Frank- Marriage, and afterherda/ b Langdone, Cartular. wards alienated by the Donee ; for after his Dead pedes terrarum de domini.o Abhatis ceafe, his Heirs fhaH have this Writ againft the Abbat. Glafton, MS. f. 7<5. Tenant or Alienee. F. B. B. fol 221. He makcth three Sorts of this Formedon in Defcender. The firft jFo;infCCM& Outward, or on the Outfide. iUius crofu verfus au- is the Manner now The Second is for Excepto uno Selbne Forinfeco expreft. ' e. the Heir of a viam firum ad faciendam quandam Coparcener that aliens and dies, fo. the outward Ridge or Furrow to be left for a 241. The Third he calls (infimul tenuit) fol. 21 6. Path or common Way. Mr. Kennett Glofla- which lyeth for a Coparcener or Heir in Gavelkind before Partition, againft him to whom the ory. of Aid, thcr Coparcener or Heir hath alienated, and is 5f0?inftcum &cr\3\tivm, The Payment Burdens of mi- Dead. Formedon in the Reventer lieth for the DoScutage, and -other extraordinary Service ; oppofed to intr'mfecum Servitium, nor or his Heirs, where Lands entailed to certain litary which was the common and ordinary Duties and their Ifluc, with Condition, for want of fuch within the Lord's Court and local Liberties. See Ifluc, to revert to the Donor and his Heirs, aMr. Kennet's Gloffary> gainft him to whom the Donee alienatcth, after SFamrium, The Manor, or that the Iflue extinft to which it was intailcd. F. N. tfojtnfecum B. fol. 219. Formedon in the Remainder lieth.where Part of it which lie* without the Bars or Town, Man givcth Lands in Tail, the Remainder to and not included within the Liberties of it. Sum- a de manerio Forinfeco Ban- another in Tail , and afterwards the former Tema reddituum afftforum Forinfecis. Parock. Antiq. fag. nant in Tail dieth without Iflue of his Body, and bury cum molendinis a Stranger abateth, then he in the Remainder 1 * 35 mail have this Writ. Fitzh. Nat. Brev. fol. 217. i. e. Banifhed. Expulfus a Sco- See 5fO2i0bannttll, Reg. Orig. f. 238, 242. 243. Of this alfo fee Mat. Parii. An. at Anglia, &c. tia, Forisbannitus the New Book of Entries, verba Formedon, and Co. on 1245. Lit.f. 326. a Man by Force, or JfO^ifcapium, where ^O^meUfi, A Weight of Lead thus defcribed in See Forchea- the Statute of otherwife, exacts what is not due. Weights and Meafures. 51 H. 3. A. D. 1267. La Charre de plumbo confiat ex pum.
.

Smith'*

that lies for

Forge

'

de forma Donationis, is a Writ him that hath Right to any Lands or Tenements, by Virtue of any Entail, growing

H. 7. c. 1 2. fottnnon. Breve

&

Fo- 30 Formcllis, &> qudibet Formella continet fex Father's Part petras, exceptis 2 libris, & qualibet petra confiat ex rifmiliari, 12 libris, &P qu&libet libra confiat ex pondere 25 of his Lands, and is contented with it in the cannot claim folidorum. So that a Formella is about 72 Pounds Life-time of the Father, fo that he

5fn:t0familtarr.

Son

is

properly faid
his

when he accepts of

any more.
'

Weight.
JfO^ttliCta.

Monaft.
Fefium

Tom.
Odulfi

Jfo,2lanDUttt.
denarios, fc. de

Et de duobus Forlandis xvU

Wauker,
viii.

pag.

149.

In Ro-

gxtionibus

ad

Forlando fohannis

jacet ante terram Ecclefia,

2 par. fol. 332.

Land
;

den expounds Cantium Promontorium, the Foreland of Kent.

ing before the Reft

a Promontory.

quod frumenti ad frixuras, &c. Domini debent habere 14 Summas conextending further, or ly- tra natale Domini, &>c. omnes fcilicet percipiendas ex
denarios.

unum prtbendarium ad FormiSas vero in

Mon. Angl. Adventu

For Cambhorreis.

5Fo;nagi'um Signifies the Fee taken by a Lord

of

his

Tenants bound to bake

in his

common O-

ven, as is ufual in the Northen Parts of England, fnf tt-\8V,t) was fuch Land in the Bifhoprick or |br Permiflion to ufe their own ; alfo Chimney of Hereford as was gran ted or leafed dum Epifcopus or Hearth Money. See Furnage. Et Dominus Rex in EpifoDatu fteterit, that the Succcflbr might have de ex it thus fornagii fui 10 liBut now that Cuftom proinde admittitper an. it for his prefent Income bras. Plac. coram Rege&ejus concil. in Pari. 18 E. and the fame Land granted, as others, is difufed, 1. in Turri London. by Leafe, yet ftill retains the Name. Butterfeld's
:

JfO^nicatiOn, Fornicatio.

H.

7.

4.

the Aft of Incontinency between fingle Perfons ; Jiv.mn tynuvtris, or 3)n ^Fojma Pauofruff, for if either Party be married, it is Adultery : is when any Perfon has Caufe of Suit, and is fo The firft Offence herein was punifli'd with three poor that he cannot difpend the ufual Charges of Months Imprifonment ; the Second was made Fein Equity. In this Cafe upon lony in the late Times of Ufurpation, by a prefiling at Law, or his making Oath that he is not worth 5 /. his Debts tended Ail made 1650. cap. 10. Scobtll's Collection. being paid, and bringing a Certificate from ibme Lawyer, that he has juft Caufe ofSuit, the Judge Pr&ceptum efi Vic, quod venire faclat Juraadmits him to fue in Forma Pauperis, that is, with- SUflcx. qui in Affifa Nova Dijfeifina dubium fecetores, out paying Fees to Counfellor, Attornies, or runt Satramentum, tangens quandam Agnetam quam
dixerant

Survey,

f. $6.

Whoredom,

F O
[dixerant e]Je

F O

dam, matrem diB* Agnetsc, defpovfavit ; fed diunt midia vidil. rorlchet jacen. ibidem. Parocli, Antiq. quod prtdiBus Simon aliquo temjore captus fuit per p. 53 1. hc pecia terr*. Prioris vocatur Heralds Pece, arnica prtdiB* Matildas in Camera Fornicando cum c> habet ur.um Forfchaetumj<i;/>7j proxime juxta uvum de tribus fa- prtdiBam metam, ibid. See Mr. Kennet'i Glofipfa Matilda, per quod compellebatur 53 5. vel vitam fuam amitcere, uxorem veHpfam ajpdare, fary.
tere,

fliam Simonis dc Pundc patris prtdiff* |arow or forfake whatever Right he hath unto Et in eo quod them ; and then fuch Lands Ihall be called FerfAgveu, &> von dixer'mt rjfe htredem. J c dixerint quod Matilda, qu*. fuit mater A^netae, >. u juit\ boke, fays thc_Stat. 10 , i. cap. unit. von dixeruvt utrum P.Uria ha uxor diBi Simonis, yO,frl)ff, Forefbeta, From Sax. For, before, nd btbat earn ut uxorem ejus. Qui Juratcres dicunt quod Si eat, a Part or Portion, the outer or fore-part of tenuit diHam Matildam ut a Furlong, the Skirt or prtdiBus Simon femper Slip or fmall Piece that uxorem fuam, &f dicunt quod nunt/uam diHam Matil lay next the H>ghway Una acta &> d>-

&

vel ipfam

Matildam

retro ofculare

ita

Simon
matri
fed

ibidem dedit fidem

fuam

pricdilt*

quod ipft Matildas,

fotfee, Catadupe, Waterfalls, Cam. Wcftmorland.

Potfyeaktt,

Brit.

Tit.

JFcufpecen, /. e. Forbid. Habeat totum hoc ForMatilda de Kingsford foror prttdiBi Simonis fpecen, i. e. All this is Forbidden. prtdiefa Leg. Canuti, de l Meffuag. &c. in Shepley, &c. cap. 46. apud recepit feiftn. Brompton. Gurdon & alii in mifcticordia. Palch. 4 Ed. I. or JFnnfla!, Adam

prxAiti*. Agnctse, quod ipfam difponfare debuit, modo defpovfavit, &Pc. Ideo ipfam nunquam alio

An

Attorney or Advocate.

tfoipl
'tis

Rot.

7.

Suflcx.

fOlW^C >
tra,

(Jorprifum,

from the Fr.

Tors,

e.

obfruBio, vel itineris ivterceptio ; with whom agrees Coke on Littl. fol. 161. b. In DomefEx- day 'tis written Hoc verbum Forftal inter-

fays

Vu

{ForefteUamentum) Spelman

C'EST

an Exception or Rcferva- pretari debet &t> inteUigi ad impediendum aliquem vel tion : In which Scnfe it is ufed in the Statute infultandum in Regia firata, uon alio modo. Pla. of Exon, 14 Edtv. 1. but there written Hcrfe- Pari. 18 Edw. 1. Alfo we find in the Saxon Laws We ftill ufe it in Conveyances and Lcafes, Forfltl to (ignify Oppcftion. prife. wherein Excepted and Foreprifed is an ufual ExprefPorfal (from the Sax. Fore, Ante, and Stal, Iter,) is an fion. Intercepting in the Highway, or an Affaulting a Paflenger in it. Foreftal eft fi quit ex tranfindenture fet entre Morfteur John Blount verfo incurrat vel in vhm expeBet ajfaliat inimicum Chevalier, le Eyfne, d'une part, Of Dame Johan fuum. Leg. H. 1. cap. 80. Foulefliurft d' autre parte, Tefmoigne, que me/me les ;JF<Vftal Is to be quit of Amerciament!, and accordez, &P affurez, que Cattel arretted within partes font ijftnt affentez, your Land, and the AmerHeir a diB Monfieur John deuy ciaments thereof coming , fays Terms de la Ley. John Blount fits &> a femme Ifabel la fie de dite But Spelman prer.dera tfpoufcra, fays, 'Tis vi* obftruBio vel itineris iitdeue temps, que la dite Dame a terceptio, with whom Dame du ft brieve agrees Co. on Lit. fol. itfi, voidera ordeigner Qp feirt, iffmt In Domefday 'tis written Foriftel, which fee before. fes propres cuflages a dit Monfieur John xx Market a Dedique Vforftallum, &c. &> terra m que le dit Damepaye qut jacet e* &> xl. Livres a certeyne de pay, utraqtte parte ejufdem forftalli, &=f. Mon. temps de I'efpoufels, Angl. 2 en un Obligation, quelle le dite Dame a fait a par. fol, 112. 60. compris dit Movfteur John,&V- Pour quel payment le dit MonI fiwiiAUtr, In

Foriftel.

and

Prife, Captio)

&

&

&

&

Crompton's JurifdiBion,

fol.

Jieur

John

fan fits, father, appelle autres terres, tenements,

pril'e
le

&

erifeoffera la dite Ifabel

ou fera enfeoffer les fuflits John de fon Manner joufie UtteskeBlount's Place, evfemblement ove toutes
rentes,

fervices,

&c.

flopping of Deer broke out of the from returning home again, or lying beFoteft, tween him and the Foreft in the Way that he is For- to return. See Regrators and
Is

ufed

J3.

for

60. In the Terms of the Law, thus defined, avoir, |tis Forftalling, ForftaUamentum des Corps de mefme Ifa- is the cely Buying of Corn, Cattel, or other Merheyres que mefme cely John bel engendera, &~c. Donnee fouth les feales, &c. le jour chandifc, by the Way, as it cometh towards the an de R. le Roy Hen. 4. difme. Market or Fair to be fold. Fleta de St. Luke. fays, Signifat Penes WaL Kirkam-Blount Baronet. obtruftonem vi* vel impedimentum travfttus fug*

Parke, &>r. appelle Blount's Park, &>c. 8f tener a dit John fon fits, &> Ifabel Qf

Engroffers, Crompt.

Juft. of Peace, fol.

les

averiorum. lib.
Forprife

I.

ca. 47.

Who (hall

&

is taken for any Exa- Foreftaller, fee in j &> 6 E. 6. cap. 14. Foreftal. fame with Forecapium, as ap- eft, ft aliquis portaverit balec vel hujufmodi res ad Totum pratum, &V. jorum, &> pears in Thorn, Anno 1285. ftatim alius venerit & emerit ab ipfo Mas in Excambium pro placea dedit. res, ut car'tus vendat, Prior babebit emendas ab pne quacunque Forprifo

in

another Scnfe
the

be adjudged a

ction,

and

is

Seems to (ignify originally as much our modern Language, or DireliBum with the Romans: It is efpccially ufed in one of our Statutes, for Lands or Tenements feifed due from the by the Lord, for want of Services Tenant, and fo quietly held and poflcfTcd beyond the Year and Day. As if we fliould fay, that the Tenant, which feeing his Lands or Tenements taken into the Lord's Hand, and poffeffed fo long, takcth not the Courfe appointed by Law to recover them, doth in due Prcfumption of Law difJro^frtioke

Quidam de Francis difcur- Ex Reg. Priorat. de Cokesford. See 3 par. Inft. fol. forrage. rebant emolumevtis vicfualium intendentes, quod vulga- toy. riter forrare dicitur. Mat. Parif 1 142. from the Sax. tfojjlalltnff, (Viarium obftruBio, Anno 34&35H. Eore, i. e. Via, and for Foreigner. the buying or ^Fo^rein, Ufed ftel,) fignifics Sec Foreign. 8. cap. 18. bargaining for any Corn, Cattel, or other McriffOjirai f,

To

ipfo.

as Forfaken in

by the Way, before it comes to any Market or Fair to be fold, or by the Way as it comes from beyond the Seas, or otherwile. toward any City, Port, Haven, or Creek of this Realm, to the Intent to fell the fame again at a more high and dear Price. 51 H. 3. Stat. 6. Tit. Indiftments, Se3 Weft, Part 2. Symbol.
chandife,
64.
^Fo^fula,
terunt.

little

Fort.

Forfulam funJitus

ever-

Knyghton.

F O
jfojfffruf

F O
cut down; and then the Verfion will run thus: Alfo we have depofed upon Oath, that in the

Was
in

JrOffagium. See Foffatum. ^foffato^um operatio, Foffe-worh, or the Service Power, Dominion, or JurifdiSion. Non eft eis imputandum, &c. ft per omnia fe aliegi- of labouring, done by Inhabirancs and adjoining Tenants for Repair and Maintenance of the tnt quod nee ccnfilium eorum vel auxilium Jit in Fortia Ditches round a City or Town For which fome ipfa. or ginfojfiare nlatitum, is -when paid a Contribution called, Foffagium. See Mr. Jro^tiarf, it. Si juftitiam Kennet'i Ghffary. many Judges are affembled to do J?uuatum, (Lat.) A Ditch, or a Place fenced dimittant (judices) fed fummonitis terrafine judicio inforcietur placitum termino competent!. with a Ditch or Trench, Ex dono Hen. Regis avi rum dominis unum Foffatum tarn largum, quod naves poffint noftri Leg. H. 1. cap. 29. redire a and fofttkt, (Fortalitium, ire ftumine de Withonia ufque ad TupItytiUtp, JFojtillff, Charta 20 Hen. 3. m. 9. where it feems ForteUefcum,) JEUltfrin tl)E CototljB holme. vel Fortehtum, Of Berwick atlD Carlifle, {Anno to fignify a (cut) River. atlt) Fortilities Foffatum, in another Senfe, is taken for the 11 Hen. 7. cap. 18.) fignifies properly a little forrather to prefervc Obligation of Citizens to repair the City Ditches. tified Houfe or CalVle, made ^foffatura, The fame with Foffatum. Perlon of the Owner and his Goods, than to

Commendation of our Common Law, Time of Henry and Richard, Kings of England, we never law that any one paid Tithe of Furz, or De Laudibus Legum Anglia. intitled, JJedimus unam virgatam terra Broom ; or of Latter-math or Aftcr-Palturc, iJFOittjf 18, & alteram where the Grafs or Hay had been once mowed turn meffuagio propinquiore Fortheiae, cum meffuagio propinquiore domui qua fuit before. virgatam Se Furca. Cartular de Radingcs, ^Fcffa and Ifurfft. Alonci de Tydington

Chancellor

a learned Lawyer, and Lord the Days of Hen. 6. Who writ a

Book

in the

MS.

f.

116. 6.
i.

5fOJtia,

e.

&

&

the

endure a Siege.

fmall Ditch, una vir^foflcOum, FcffeteUum, of fome Strength, gata terra, cum pertmentiis in Weft-Pennard qua vo(Fr.)Signifiesa Place 4fo^t!ef, catur la More, videl. quinque acras in Chafecroft ftmul Old Nat. Brev. fol. 45. Otherwife Farthendel, is the fourth cum prato & foliello in eadem crofta. Cartular. Gla-

j?OtVm&\tB,

f. 117. j'nfffhvp, (From Foffis, digged) was ancientthat which we callTreafure-Trove, ly one of the four principal Highways of England, 5fo,UUiia Is Fortuna invenire. Inquiren- Co called, becaufe fuppofed to be digged and i. c. Thefaurum dtuente dum eft per 12 Jurateres fro Repe, &Y. quod ft deli ter made paffable by the Romans, and having a Ditch See Watling-ftreet. &~'c. omnes Fortunas, abjurationes, ap- upon one Side. pmfntahi'nt, it fignifies Fortuito occiJr0lic:;l3iiu Is Land given, alfigncd or fet teUa, &c. Spelman teJ s us But this feems to be very fanciful. See Sa- forth for the Finding of Food or Vi&uals for any fos : Pcrfon or Perfons; as in Monafterics, for the

Part of an Acre or Penny, See the Book of Bomefday.

&>c.

See Farthingdeal fton. MS.

crobarra.

5fo,ttunJurn, Spears. In nritemptum

terfuifti,

A Tournament
meum
ilium

or Fighting with Monks,

e>c.

&

Mai.

Pari).

Anno

fophiftle

Torneamento inipfe Fortunium appeliafii.

1241.
Forfang.

Una long Slip of Ground. acra inter tenementum Aurifabri & terram Abba& una Forurthe que fe extendit a pratis,
;Jfn;iurtt),

Jffp^bfnce-

See

Gifts, which we call a the Sax. Fofter-lean, Ciborum exhiJointure. bitio, that is, a Stipend which the vVite hath for. her Maintenance. Poftea f iendum eft cui Fofter lean pertineat, vadiet hoc Brigdunia, plegient amici

^foUeruan,

Nuptial

From

&

fui.

der,) is a Weight (of Lead) containing eight Pigs, curfum aqua, una acra. Cartular. Glafton.MS, 6. and every Pig one and twenty Stone and an half, computatur pro which is about a Tun, or a common Wain or 124. A Ditch, full of Water, where Women Cart-load. Speight in his Annotations upon Chaucer. ^foffa, of a Fodcommitting Felony were drowned, but Men hang- I find alfo, in the Book of Rates, Mention Nam ipfe in omnibus tenement?} fuis omnem ab der of Lead, which is there faid to be 2000 ed. At the Mines 'tis 22 hundred Weight babuere juftitiam, videlicet ferrum, Weight antique legalem In another Scnfe and an half; among the Plumbers at London 1900 Furcas,

diBa

acra verfus or'ientem juxta

&

JFOfher,

or

JpO&fier,

(from the Teutonick Fu-

&

ftmilia. Foflam, 'tis taken for a Grave, as appears by thefe old and an half. jfotmei, A Weight of Lead of ten Stone or Verfes feventy Pounds, as in this remarkable Authority, for the Mcnfuration of Lead. Satcus lana debet Hie jacent in Foffa Bed* venerabilis offa, folebat ponderare fummam ponderare 28 petras, Hie eft FoflatUs, qui bis erat bic catbedratus. frumenti, &P fie faccus lana ponderat fextam partem
:

&

&

facramentum quod non vi- careBata plumbi, foil. 50 petras, fex viginti petra Richardi quondam Regum faciunt careBatam plumbi. London. Summa librarum de ge- car eH at a London, 2 mille Qp centum libra foil, de AnpYia, quod quis redderet decimas de feriis aut Waterforth-malet Sex facci lana faciunt careBaaut de foflis ubi prius fuerint demofmata tiefiis Charta A.D. 1205. <r^rfScriptor. Normun. f. 1 509. tam plumbi, & quilibet faccus ponderat 5 fotmels Et duas petras fcil. 1 8. libr. &> quatuor xx. cites this Authority in the Word Froccus, plumbi. Du
diximus per 5? OCfe, Item
tempore Henrici

dimus

&

&

and thinks
de
i.
:

fliould be read de frofcis, inftead of duodecim Weyes, faciunt unum charaBatam plumbi, As he interprets wade and barren qualibet Wey continet 26" petras, fcil. 2 cuttes, foffis, Ground But he knows not what to make of de* fotmel, & 6 petras, qualibet petra continet vii. libras x. petra faciunt fotmel, ac fotmel ponderat mofmatis, unlcfs it might be read domus diruta. cera, 2 petra faciunt caTo give Senfe to theft dark Words, I think ra- 70 libr. Of fie 3 1 fotmel
it
e.

frefne

&

ther foffis is to be taken for foefts, Fr. Foiffon, reBatam plumbi, fie de una careBata plumbi pofetiam in longitudine toGrafs cut or mowed for Hay ; and demofmatis, for funt 20 pedes in altitudine tidem demoiffonatis, Fr. molffoner, demoiffener, to mow or

&

& &

F O
tidcm co-operiri

F R
MS.
i-ractura natoium,

Cotton Tiber

F. 6.

f.

Ex Cartular. S. Albuni 200.

irMgiuni,

Wood. Concejfi JFouagr, (Fr..) See Fuager. 5fobf ', A Grave for Burial of the Dead. In Tom. 1. pag. 813. the Statutes of the Church of St. Paul in London, irrampolt p enccflf Arc fuch Fences as any TeDi fervientibus nant in the Manor of Writtle in EJfcx hath it was ordained in the Chapter, againft the Lord's Demeans ; 1 m & P ro fovea faclenda in ccemitewhereby he hath the Ecclefta rio per ganiones fucs pen recipient diBi fervientes pro Wood growing on the Fence, and as many Trees or Poles as he can reach divite ultra Hi. denar pro mediccri, ii. den from the Top of the cum per garciones eorum ft fovea, alioquin nihil perci- Ditch with the Helve of his Ax, towards the Liber Statutorum Ecci. Paulina London, MS. Repair of his Fence. I have heard the lata pient. Chief Juftice Brampton, whilft he was a PrafliI0# f' To carry away Fodder, to forage. fcr and Steward of this Court, acknowledge he JrObfrarf, Inauiretur quantum pafiura Regis Fovcrata fuerit, could not find out the Reafon why thefe Fences It aut detericr.ua, per Animalia que exeunt a domibus. were called Frampole. may come from the Sax. Fremful, or may be a Corruption Flcta, lib. a. cap. 41. par. 13. Profitable, JrOunDatlon, The Founding of a College or of Franc-pole, becaufe the Poles are fret for the
a Hofpital,

Wreck. Right of making Faggot* in a eifdem Fragium, focalia, &V. Moh.

or fundaments
preparing

called Fundatio, qtiafi Fundi-datio, Tenant to take. Co. Rep. 10. #raiKt)llanU0, (from the Fr. Frunchi, i. e. Free) a Freeman. Sciatis me dedijfe, cum villanis e> jFounDap. At the Iron Works in melting and the Mine, every fix they call a Franchilano, nomine Hamonc, f> cum tenuris eois

locatio.

which Space, they commonly Founday ; Tun of Iron, if you divide the whole eight Svyn of Iron made by the Foundays : For at firft at laft more. From they make lefs in a Founday, the French Foundre, to melt. To Found, whence Bell-Founder, a Fount or Funt of Letters, V. ffoimtur Is he that mclteth Metal, and makcth any Thing of it, by cafting it into a Mould, Anno 17 R. 2. cap. 1. derived from the alfo fay, That Verb Fundere, to pour out. whoever builds and endows a College or Hofpital
in

Days

make

&>c Charta Hen.

par. fol. 44a. b. homo ufed for a

And

4. a. in in

m. Mon. Angl. 1 Domefday we find Francus

Freeman.
ordinary

#rand)ife, Franchejia, Libertas, Is taken with us for a Privilege or Exemption from

Jurifdiflion,

and fomctimes an Immunity from

is

Tribute:
Jurifd.

It

fol.

141.)

either or real, {Cromp. perfonal that is, belonging to a Pcrfon

We

immediataly, or clfe by Means of this or that Place, or Court of Immunity, whereof he is cither Chief or a Member. In what particular

Things a Framhife commonly confifts, fee Britton, fawn as a Deer. Qui fecerunt cap. 19. Framhife Royal, 1 5 R. a. cap. 4. and a vallum in forella, maxime ubi dame folebant Founi- H. 5. cap. 7. in fine, feemcth to be that where the King's Writ runs not, as arc. Fleta, lib. . cap. 41. par. 33. Cbefter, Durham, i. e. Titubare lingua,") &>c. which are called Seigniories Royal, Anno 28 ^fourcljer (Fr. Fourchir, a Putting off, Prolonging, or Delaying H. 6. cap. 4. and formerly Tyndal and Examfair* fignifies of an Aftion ; for as by Stammering we draw in Northumberland. The Author of the New out our Speech, not delivering that we have to Terms of the Law faith, That a Framhife Royal is, in ordinary Time, fo by fourching we pro- where the King granteth to one and his Heirs, fay, in a mortcr that they mall be quit of Toll, or fuch like. long a Suit that might be ended In Wejlm. 1. cap. 42. you have thefe See Framhife in the New Book of Entries- BraBon, ISpace. Words, Coparcener*! ano ijloinrcnanto fljall no lib. a. cap. 5. Sec Sac. See alfo Old Nat. Bret, mo^e fourch, but only fljall tjabe one <.ffotn, fol. 4 JFrancigen* Was the general Appellation of all &c. And Anno 6 Ed. 1. c. 10. it is ufed in the fame Senfc ; Wlye >efcnoants fftall be out f an Foreigners, unlefs they could prove themfolves to bcEnglijbmen. See Englefcery. ftoer U'itllOUt fourching, &c. Anno 2$ Hen. 6. ca i. Sec a tart. Infi.fol. a 50. In the Latin 'tis ca I iFcaiirling, A Freeholder, Qui libere tenet. See and fignifies, where a Man and his Fortefcue de Laud. Leg. Anql. cap. 29. led Furcare; Jrrank Was a French Gold Coin, worth about Wife, or each of thorn, cafts an Eflbin, then becaufe 'tis twofold. Caveat a French Shilling ; but in Computation was twenty 'tis called Furcare, & mulier implacitati, quod femper in Effonio al- Sols, which is a Livre, or Pound; and about ttritu alter compareat, quamdiu furcare pojjint ; Qp twenty Pence in our Money. cum ultra non pojjint, concurrant eorum Effonia in $ranfc.almoin, Libera Eleemofyna, In French autem eorum tantum unum Effoni- Frank-aufmone, fignifies a Tenure or Title of fuis locis; Alter um de malo leBi habere potefi. Hengham Mag. Land or Tenements beftowed upon God, that is, given to fuch People as devote themfolves to the cap. 9. (from the Sax. Fo*, Service of God, for pure and perpetual Alms ; Jroutijeto, or J-ootcieln, whence the Feoffors or Givers cannot demand Pes, and Geldan, Solvere, q. Pedis Redemptio) tcrreftrial Service, fo an Amercement for not cutting out the long as the Lands, &T, fignifies {any Sec Expe- remain in the Hands of the Feoffees. With this Balls of .great Dogs Feet in the Foreft. And to be quit of Footgeld is a Privilege agrecth the Grand Cufiumary of Normandy, cap. 32. dilate. to keep Dogs within the Foreft, unlawed, with- Of this you may read at large, BraBon, lib. 2. out Punifhment or Controul. Crompton's Jurifd. fol.\cap. 5 &> 10. See F. N. B. fol. 211. and the New 1. pag 86. This Privilege Boot of Entries, verbo Franic-almoinc. Britton, in 197. Manwood, part was always allowed in AJftf. Ftrefl. de Pickring, 10 the forccited, makes another Kind of this Land, Edw. 3. given in Alms, but not in free Alms. As if See Warren. of SUarrrn. Abbot, Qpc. holds Lands of his Lord for certain 5foil Arable Land. Pratum de mura Divine Service to be done, as to fing every Friday jrrartitilim, Acras terra de Fra&itio. Mm. Tom a. pag. a Mafs, or do fome other Thinp; and if fuch Di3
is

the Founder.

JFouniarf,

To

878.

vine Service be not done, the Lord

may diftrain,

F R
in fuch
;

F R
;

Liberum maritagium, Is a Jfrailk^nill'rjaCtr, Cafe the Abbot ought to do Fealty to the and therefore it ihall not be faid a Tenure Tenure in Tail ibecial, growing from thefe Words in the Gift compriled, Sciant, &c. me in Frank almoine, but a Tenure by Divine Service for it cannot be Frank-almoine, if any certain Ser- M. H. de W. dediffe & comeffffe prsfenti Charta mea eonftrmaffe J. A. Jilio meo Margeria: uxori vice be expreffed. e)is, filtx iterA T. N. in liberum maritagium unum See Free-bench. ;JFrai)b'3lanlt. of Meffuagium, &c. Weft. Symbol, part 1. lib. 2. tfranfc Cf)iife, Libera Chafea, Is a Liberty free Chafe, whereby all Men having Ground feft. 303. The EffcS of which Words is, That within that Compafs, are prohibited to cut down they ihall have the Land to them and the Heirs Wood, &v. without the View of the Forcftcr, of their Bodies, and ftiall do no Fealty to the DoSee Terms de la Ley. Cram. fur. fol. nor till the fourth Degree. tho' it be in his own Demefncs. Glanvil, lib. 7. cap. 18. and Braft. lib. 2. cap. 7. 187. Tit. num. 4. divideth Maritagium in liberum &> fervitio jfrank'ftf, Liberum feudttm. Is by Broke, num. 32. thus expreffed, That which is obligatum. See Marriage. Fleta gives this Rcafon Demefne, in the Hands of the King or Lord of any Manor, why the Heirs do no Service until the fourth De-

Lord

&

&

the being ancient Demefne of the Crown, {viz.

Demefncs;
in

is

dominium feodo pojpt pertinere, fit nullum omnino inde faciat fervitium ufquead tertium h*redem,& ufque ad quart urn And then he mentions how the Degrees gradum. mall be computed, viz- The Donee himfelf fhall be in the firft Degree, his Heir in the Second, his Heir in Third, and his Heir in the fourth Degree; and afterwards the Land was fubjeft to all the former Services, becaufe it was fuppofed then to revert to the Lord for Want of Heirs. So that Demefne. Fachineus, lib. 7. cap. 39. makes Feu- it was exempted only ufque ad quartum gradum. The Lands which were given in Marriage 2 dum francum ejfe pro quo nullum fervitium prgftatur Domino, with whom agrees Zafius de feudis, part fervitio obligate, were, with a Refervation of the l. laying, That therefore it is Feudum impropri- Services, due to the Lord, which the Donee and um, quia ab omni fervitio Uberum. Thefe Lands his Heirs were bound to perform for ever ; but which were held in Bank-fee, were exempted neither he, or the next two Heirs were bound to do Homage; that was to be done when it came from all Services, but not from Homage. and 5Franbferm, Firma Libera, Is Land or Tene- to the fourth Degree, and not before ; ment, wherein the Nature of Fee is changed by then both Services and Homage were to be perFeoffment out of Knights-fervice for feveral formed. Jfan&'nletige, Franci plegium, From the French yearly Services ; and whence neither Homage, Worfliip, Marriage, nor Relief may be demand- Frank, liber, and pledge, i. ftdejuffor, fignifics a ed, nor any other Service not contained in the Pledge or Surety for Freemen : For the ancient See Fee- Cuftom of Freemen of England, for the PrcferFeoffment. Britton, cap. 66- num. 3. vation of the publick Peace, was, That every farm. 5F"anhfolD Is where the Lord hath the Benefit Free-born Man at fourteen Years of Age, (Reliof folding his Tenants Sheep within his Manor, for gious Perfon, Clerks, Knights, and their eldeft the manuring his Land. Keil. Rep. fol. 198. a. Quod Sons excepted) fhould find Surety for his Truth Vaffallts olim Qp UfufruSuariis denegatum, Manerio- towards the King and his Subjefis, or elfe be rum &P pr&diorum Domini s folum competebat, fays kept in Prifon; whereupon a certain Number of Mr. Somner. It i$ compounded of the Fr. Franc, Neighbours became cuftomably bound one for i. e. Free, and the Sax. Fald, i. e. a Fold. Sec another, to fee each Man of their Pledge forthcoming at all Times, or to anfwer the TranfFaldage. So that JFranklatr, Libera Lex. Sec Crompt. Jufl. fol. greflion committed by any gone away 156. where you fhall find what it is by the Con- whofoever offended, it was forthwith inquired in for he that for an Offence, as Confpiracy, what Pledge he was, and then they of that trary Pledge Qpc. lofeth his Frank lain, is laid to fall into thefe either brought him forth within 3 1 Days to his Mifchicfs; Firft, That he may never be impa- Anfwer, or fatisfied for his Offence. This was nelled upon any Jury or Affife, or otherwife called Frank-pledge, and the Circuit thereof Deufed in teftif/ing any Truth. Next, If he havs cenna, becaufe it commonly confifted of ten any Thing to do in the King's Court, he muft not Houfholds, and every particular Perfon, thus approach thither in Perfon, but appoint his At- mutually bound for himfelf and his Neighbours, torney. Thirdly, His Lands, Goods, and Chat- was called Decennier, becaufe he was of one Detels muft be fcifed into the King's Hands ; and cenna or another. This Cuftom was lb kept, his Lands muft be eftreaped, his Trees rooted that the Sheriffs at every County-Court did, from for this Time to Time, take the Oaths of young Ones, up, and his Body committed to Prifon the faid Author citeth Lib. Affif. fol. J9. Confpi as they attained the Age of fourteen Years, and lee that they were comprifed in fome Dozen; whereracy, 24 E. 3. fol. 34. See Confpiracy.
: ; ;

the Hands of the Tenant is ancient Demefne that feemonly. Sec Reg. Orig. fol. 1 2. whereby eth to be frank fee which a Man holds at the Common Law to himfelf and his Heirs, and not by fuch Service as is required in ancient Demefne, Manor. And according to the Cuftom of the in the fame Book, fol. 14. there is a Note again, to this Effeft, That the Lands which were in the Hands of King Edward the Confejfor at the Maand king of Domefday-Book, is ancient Demefne, that all the Reft of the Realm is called Frank-fee, wherewith Fitzherbert agrees in his Nat. Brev. fol. So that by this Rule all the Land in the 161. Realm is either ancient Demefne or Frank-fee. The Author of the Terms of Law defines Frankto be a Tenure in Fee-fimple of Lands pleadfee able at the Common Law, and not in ancient

called Frank-fee,

and that which

is

fcent. Ne donatores vet eorum baredes, per homagii in the receptionem, a reverfione repeUantur. And

why

fourth Dcfcenr, and downward, they Ihall do Service to the Donor, Quia in quarto gradu vehe-

dum

menter prtfumitur, quod terra non lire eft pro defecfu Donatoriorum reverfura, lib. 3. cap. II. All this appears very plain in BraHon's Words, who

tells us, That Maritagium liberum ubi donator eft vult quod terra ftc data erit libera ab omni quieta

&

feculari fervitio quod ad Sp ita quod ille cui data

upon

F R
upon
this

F R
Abbey

filled

of the Lombards, manifcftly appears bury prttterea numeret ad f.rmam unam in the fecond Book of Fends, cap. 53. upon which fummam &P dimidiam de brafio avena, Qp dimidian. read Wtoman, &e. What Articles were wont to fummam de grano ordei, &P dimidiam fummam frube enquired of in this Court, fee in Horn's menti, ft* quarterium vacca Qp dimidiam Frcfchcnciam pacabiles, fc> unam ancam, &V. Cartular. 8. Ed lib. 1 Mirror cap. de la veue des Frank-

Frank-pledge, this Cuftom

Sheriffs Authority was BraRon, lib. 2. cap. 35. lltta, lib. 3. cap. 16. Par. Brand Plegii, View of Frankpledge. 6, 7. Among the cufto Sec the Statute for View ef Frankpledge, made frecfjenrfjfa, Fretchenchia. See alfo Decennier, Leet, View of mary Services done by the Tenants in CheUfworth, 1 8 E. i. That we borrowed a Manor belonging to the of St. Edmundsand Friborgb.

Branch of the

Vifus

unam fummam frumenti and what thefe Articles were in for- mundi, MS. f. 410. mer Times, fee in Fleta, lib. 2. cap. 52. and 4 Qp dimidiam vaccam &P unam Frefchcnciam pacabiles, an ancient Charge of the ib. where by Frefchemia I think it meant a Porkpar. Infi. fol. 73. In Queft of Wardmote, in every Ward in London, err or young Hog killed for Pork, not Bacon, it is faid, And if there be any Per/on within the ^rrctarup, Navis FreHata, A Ship freighted, a In Pro:effu Placiti coram maWard that is not' under Frank-pledge, that is to iladen Veffel alfo be fore vilU Briftol anno 18 Edw. 2. compertum eft quod fay, under Love and Law, &c. This may fcen in Bradon, lib. 3. trail, de corona, cap. 10. viz. \Magifter Navis SanHi dominici de Placentia, alii
pledges
;

of Juftices,

&

Omttis homo, five liber five fervus, aut eft vel debet 'focii fui monftraverunt domino Regi quod frc&ati fueFranco Plcgio, aut de alicujus manupafiu, 'runt cum vinis adducendis in Flandriam. ejje in itinerant de loco in locum , qui non plus ;f rctta, Fret-work, FreHatus, fretted, Fridatut. nifi fit aliquis ad alium, vel quid habeat So FreHura, a Freffe, or Frctture ft teneat ad tinum quam Cap/a operFranco Plegio, fictit dignitatem, ta fameto rubeo, cum freftis Qp /cutis brtudatis, pr*. quod fufficiat pro vel ordinem, vel liberum tenementum, vel in civita- terquam in tergo. Mon. Angl. torn. 3. pag. 321. Vnut pannus de viridi campo, cum rofulis inter Frcftutate rem immobilem, &Pc. 1 ib. p. 526. Sandalia cum caligis breudaInjl. ras, ifraffetutn, A Wood or woody Ground. take it to be a Corruption of Fraxine- tis Frcfturis, de armis palatis &> undatis, ib. fol. 4. b. I

tum, a Wood where Ames grow. fvntttin, A Fraternity, Brotherhood, or Sowere mutually ciety of religious Perfons who bound to pray for the good Health and Life, &Pc. of their living Brethren, and the Souls of In the Statutes of the thofe that were dead. Cathedral Church of St. Paul's in London, col leScd by Ralph Baldock Dean, 1295. there is one

p.

314.

# reDtoit.
ip rf filllll

See Fledwit.

a Compofition paid by a Criminal, be freed from Profccution, of which the third Part was paid into the Exchequer, and that was called Fredum. See Delatura.
to
ff reP'bench,

Was

tfm<btmk, Francus
that

banrus, that

is,

fedes

libera,

Signifies

Frateria Beneficiorum Eclefia S. Pauli : Lands, that the Wife the Institution or it in that Church is thus hath, after the Deceafe of her Husband, for her recorded. Anno ab incarnatione Domini, M. C. xc. Dower, according to the Cuftom of the Manor beat* MarU, aucloritate {Kitchin, fol. 102.) As at Orleton in the vii. in crafiino afcenfionis County of r Radulphi de Diceto E clefi<t S. Pauli Lundoniorum Hereford, the ReliS of a Copyhold Tenant is adDecani, &* affevfu Fratrum Canonicorum inflitutum eft mitted to her Free-bench, that is, to all her Husut in fingulis annis quater in anno conveniant univerfi bands Copyhold Lands, during her Life, at the Frairtbus Societatis next Court after her Husband's Death. BraHon, Offtcium pro defunBis celebraturi, &P quotqttot trunt Sacerdotes ejufdem So- lib. 4. trail. 6. cap. 12. num. 3. hath thefe Words, cietatis fratres tadem die miffam celebra- Confuetudo eft in partibus iUis, quod uxores maritorum Ex Lihro Statut. Eccl. Paul. defuntJorum habeant francum bancinn fuum de terris bunt, &cLand. Script, ad mandatum Tho. Lyjeaux Decani, fockmannorum, tenevt nomine dotis. F.tzherbert calls it a MS. f. 24. b. Cuftom, whereby in certain Cities, the Wife Ballard Brother; fo fhall have her Husband's whole Lands, 8Pc. for 5Frafet iftnfrfritlS*, it ; and fo I have fecn it ufed in her Dower. Nat. Brev. See PIcwden, fol. fol 1 50. Malmsbury nfes old Deeds. 411. In the Cafe of Newts. Of the Free bench, Sons of two Brothers. Succcfftt fcvcral Manors have feveral Cnftoms, as at JfratruelC0, The Eaft and Weft Enborne in the County of Berks, if a cu Fratruelis ejus in tegnum, &c. ftomary Tenant die, the Widow, fhall have her ^ratruua, The Brother's Son. Com- Free-bench in all his Copyhold Lands, dum fola &P 5FratrES r onjuratl Are fworn Brothers or panions, Simeon Dunelm. pag. 81, 190, 203. and cafta fuerit ; but if me commit Incontinency, fhe Hoveden, pag. 445. Sometimes they are fo called forfeits her Eftate : Yet if fhe will come into the who were fworn to defend the King againft his Court riding backward on a black Ram, with Enemies. Leg. W. J. cap. 59. Preipimns ut onmes his Tail in her Hand, and fay the Words followFratres conjurati ad monarchiam ing, the Steward is bound by the Cuftom to re liberi homines fir.t regnum r.oflrum contra ir.imicos pro poffe fuo admit her to her Free-bench. noftram

Chapter de

And

Eftate in Copy-hold being efpoufed a Virgin

&

&

defendendum. Leg.

Edw. cap.
:

5.

Were Friars wearing black and white Garments They arc mentioned in Wal^fratrCH*m'eB
1

Here I

am

In quodam coemeterio quod viz. ftngham. pag. veteres apfuerat quondam fratrum quos Freres-pyes peUabant. 5fratnaQium Is that Part of the Inheritance which comes to the younger Brothers ; for what
24.

Riding upon a black Ram, Like a Whore as I am ;

And

Have

ever they poffefs of the Father's Eftate, they poffefs it ratione Fratriagii, and are to do Homage to the elder Brother for it, becaufe he is bound to do Homage for the Whole to the fuperior Lord.

my Crincum Crancum, my Binkum Bankum ; And for my Tail's Game, Have done this worldly Shame, Therefore I pray you, Mr. Steward, my Land again.
for
loft

Jet

me

have

The'

The

Wood of Allien Trees. Domeflike Cuftom there is in the Manor of ChadleJPrajCinetUtn, worth in the fame County ; in that of Torre in day. and other Parts of the Weft. Bremen freDa. See Femenefrith. Devonfhire, fxvto hman, Francigena, was heretofore wont to Jftee*bO,U\ Francbordus, in fome Places they claim as a Free-bord, more or lefs Ground beyond be ufed for every outlandifh Man. BraBon, hb. 3 or without the Fence. In Mon. Angl. z far. fol. trail. 2. cap. Sec I y Englefcery. ^renDlefeniatl Was the Saxon Word for him 241. it is faid to contain two Foot and a half, visit totum bofcttm vocat. Brendwood cum frankborda, that we call an Outlaw, and the Rcafon
Et ducrum pedum

&

dimid. per circuitum

ittius bofci,

be, becaufe

&c.
fome

of Friends after certain Days. Jfree Chapfl, Libera CapeUa, In the Opinion forisfecit amhos. trail. 2. is a Chapel founded within a Fariih, for the Brail, lib. 3. whofe cap. 12. num. 1. Service of God, by the Devotion and Liberality Words are thefe, Talem vacant Angli (utlough) &> of fome good Man, over and above the Mother- alio nomine antiquitus folet nominari, fc. Frendlcfs-

from the King'si Peace and Protection, he was denied all Help of
upon
his Exclufion

might

Nam

Church, to which it was free for the Parifhioners man, fiP fie videtur quod forisfecit am'ros, & unde ft and endowed with quis talem pofi Utlagariam &> expuljionem fcienter p/ito come, or not to come, Maintenance by the Founder, and thereupon cal- Iverit, receptaverit vel fcienter communicaverit alio a
led
Free.

Others with

more Probability

fay, modo, vel receptaverit, vel occultaverit, eadem poena txJ

That thofe only are Free Chapels that are of the niri debet, qua puniretur omnibus bonis fuis vita, King's Foundation, and by him exempted from the jurifdi&ion of the Ordinary ; but the King gratia.

&

nifi

utlagatus, ita quod car' -t Rex ei parcat de faa

licence a Subject to found fuch a Chapel, firttlbtoitt vel 3|nfeng, Signifat quietantiam his Charter exempt it from the Dio efan's prioris prift ratione convivii. Flcta, lib. I. eg] That it is called Free in Rcfpecl of See Forfeng. I cannot apprehend what Fleta :nt Jurifdiaion. this Exposition of the its Exemption from the Diocefan's Jurifdi&ion, by Word, I rather think Thefe it was a Mulct exacted of him, who harboured appears by the Regifier of Writs, fol. 40, 41. were all given to the King, with Chante- his outlawed Friend 'Tis derived from the Sax.

may

and by

Chapels
1

Grand, Freond, amicus, and wife, mulHa. and 4 E. 4. cap. 7. Jrieta. Frefh-water, or Rain, and Land-Fhod. 3 E. 4. cap. 4. Reddendo inde nobis duas marcas See Fridfioll. ^FreeDftoD. argentiiFrerl)0l0, jFrailfcteiument, Liberum tenementum, pro omni fervitio, niji quod debet maliare fecundum Is that Land or Tenement which a Man holdeth (juantitatem illius terra intus &> extra, tarn contra falin Fee, Fee-tail, or at the leaft for Term of fam, imam contra frefcam, ficut cateri, &P curiam] Life. Brad. lib. 2. cap. 9. In the Terms of the Law nofiram fequi Cbarta Antiq. in Somner
rics,

E.

6. 14.

Free-Chapel of St.

Martin

le

of two Sorts, Freehold in Gavelkind, p. 132. iTeflj JDlffeifin, Frifca diffeiftna, Cometh of the Deed, and Freehold in Law : Freehold in Deed is the real Poffeffion of Land or Tenements in Fee, Fee- French Fraiz, i. recens and dijfeijir, a tojfefftone Freehold in Law is the Right ejicere : It fignifies fuch a tail, or for Life. Diffetftn as a Man may that a Man hath to fuch Land or Tenements be- leek to defeat of himfelf, and by his own Power, It hath likewife been without the Help of the fore his Entry or Scifurc. King or Judges, Britton, extended to thole Offices which a Man holdeth cap. j. and that fuch diffetftn as is not above fifteen either in Fee, or for Term of Life. Briton de- Days old. BraBon, lib. 4. cap 5. whom you may fines it to this Effect, Frank tenement is a Poflef- read at large in this Matter, concluding that it is fion of the Soil, or Services iffuing out of the arbitrary, and fo doth Britton, cap. 65. But cap. Soil, which a Freeman holdeth in Fee to him 43- he feemcth to fay, That in one Cafe it is a and his Heirs, or at the 'leaft for Term of his Year. Sec him alfo, cap. 44. #rr(b finf Is that which is levied within a Year Life, though the Soil be charged with free SerFreehold is fometimes paft. vices or other, cap. 32. Wejlm. 2. cap. 45. Anno 13 E. 1. taken in Opposition to Villenage. BraB. lib. 4. JrYffl) frurr, Frifca fortia, Is a Force done with37, 38. Lambard in his Explication of Saxon in forty Days, as feems by F. N. B. fol. 7. For if Words, verb. Terra ex fcripto faith, That Land in a Man be diffeifed of any Lands or Tenements the Saxons Time was called either Bock-land, that within any City or Borough, or deforced from Book or Writing; or Folc-land, that them after the Death of his Anceftor, to whom is, holden by holden without Writing. The former he he is Heir, or after the Death of his Tenant for is, reports was held with far better Condition, and Life, or in Tail ; he may within forty Days after by the better Sort of Tenants, as Noblemen and his Title accrued, have a Bill out ot the ChanceGentlemen, being fuch as now we call Freehold. ry, to the Mayor, &>c. See the Reft there, and The later was commonly in the Poffeffion of Old. Nat. Brev. fol. 4. Clowns, being that we now call Ad voluntatem DoJ?rffll ia>inf, Recens infecutio, Is fuch a prefent The Regifier Judi- and earned following of an Offender, as never mini, At the Will of the Lord. and in divers other Places faith, That ceafeth from the Time of the Offence committed cial, fol. 68. he which holds Lands upon an Execution of a or difcovered, until he be apprehended And Statute- Merchant, until he be fatisfied the Debt, the Effect of this in the Furfuit of a Felon is, Tenet ut liberum ter.ementum fibi affgnatis fuis. that the Party purfuing fliall have his Goods aAnd fol. 73. the. fame may be read of a Tenant ^ain, whereas otherwife they are the King's. Of by Elegit, where the Meaning is not, that they this fee Staundf. pi. cor. lib. 3. cap. 10 e> 12. where be Freeholders, but as Freeholders for their Time, you fhall find handled at large what Suit is to be that is, until they have gathered Profits to the accounted And the fame frejb, and what not. Value of their Debt. Freeholders is the ancient Author in his firft Book, cap. 27. faith, That Ls.w of Scotland were called Milites. Skene de ver- Frefh Suit may continue for feven Years. See verb. Milites. DoBor and Student, that Coke's Rep. lib. 3. bor. Jigif. Ridgeway's Cafe. Frefh Suit the Poffeffion of Land after the Law of England, feemeth to be either within the View or without ; is called Frank-tenement, or Freehold, fol. 97. a. For Manwood faith, That upon Suit within
'tis

faid,

That

of

Freehold

is

&

Frefh

the

FR
1

FR
hitjufincdi
libertates,

the View, Trcfpaffcrs in the I'oreft may be at- mentions Fridburgum, lib. J. Trait, t. cap. 10. in tached by the Officers purliiing them, though thefe Words, Architpifopi, E ifopi, Comltes Sf Bawithout the Limits und Bounds of the Forcft. cap. rents &> omnes qui haber.i Sec Q>> Sac, Tol S* Team, US'
9. per

Mum.

milites fuos

^Frtrtim

iitannicum,

The

Strcights between

tes,

Armigerot,

&c.

Dapiferis,

6f proprios fervten&* p internal, came-

rarios, coijuos, piflares, fub [ut Fridburgo habere dtbtnt. alios might- Money.Acquittari Item HP ifli fuos Armigeros jibi ftrvienlts; quod facittis frcttum navium ftcundum quod MarintUi Ji qui fortsftctrint, ipji Domini fui habtant to< ad rtttum, tarundwn Ntvium probart pojjint quod erit debitum de Cf ft non habuerint, folvant pro eis firisfalfuram. Et Clauf. Frelto trit dt omnibus aliis 7 Joh. m. id. \fic abftrvandum qui funt dt alicuWhere we learn che Reafon.why f\ iar or Ifnrr, (Lac. Frater, Fr. Freri) An Or-' jus manupajlu. dcr of religious Pcrfons, of which, thefe arc rcc- great Men were not combined in any ordinary koned the principal Branches, Anno 4 H. 4. cap. \Dozein becaufc they were a fufficicnt Aflurance Minors, G'ey Friars, or Fran ifcans , Au- for themfelvcs, and for their menial Servants, no 17. vizor Black Iriars, and White Fri lefs than the Ten were one for another in ordinary guflins, Dominicans, See Skene, verbo Freiborg. Flet* writes ars, or Carmelites, from which the Reft defcend. Dozrins. Sec Zacchius de Repub. F.ciltf. pag. 580. and Lynde- it Frithborgh. and utcth it for the principal Man, Lib. 1. cap. 47. ivo..i, Tit. de relig. Domibus, c. 1. verba, San&i Au- or at lcaft for one of the Dozeirt.

Dover and Calais.

JFiCrtlim,

&

guftini. Jfi tar Obffrbanr,

of Irancifcans, which fervants as the Conventual, and Capuchit)es Zath. de curitas, or fdtjujfto; the other pads fecuritas. See Frithmannus. jFnoiTlull-iUjb. Rep. Ecclef. trait, de Regular, cap. is. Thefe we find mentioned Anno 25 H. 8. cap. 12. They be JFriOftcD and jfnrl)ftuu>, (from the Saxon Frith, called Obfervants becaulc they are not combined pax ; Stol, ftdes, rathtdra ; Stoth, Seat, locus')

Frater cbfervans, Is an Order arc Minors, as well the Ob-

SeeHovtden parte pofter. Annal. in Htn. 1. fol. 345. But Sptlman makes a Difference between Frihorg, and Frithborgh, faying, The firft fignifies libera fe-

together in any Cloiltcr, Convent or Corporation, as the C.nventiials are ; but only tie themfclves to obferve the Rites of their Order more and upon a Sinftrictly than the Conv tntuals do of Zeal, feparate thcmfelves from gularity
;

Chair or Place of Peace.

In the Charter of Im-

munities granted to the Church of St. Ptter in York, by Hen. I. and confirmed, An. 5 H. 7.

Thus,

diabolico

them, living in certain Places, and Companies of their own chufing: And of thefe you may read Hofpinian de Orig. Sf Progrejf. Monachatus, fol.
878. cap. 38.
JFrirUry!) Frith, \. e. Pax,

Qj*od fi aliquis, vefano fpiritu agitatus aufu qutmquam capere prafumtrit, in Cathedra lapidea jttxta Alt are, quodAnglici vacant Fridftoll,
s. e.

Cathedra

tiofi

Sacrilegii emenJatio

quietudinis vel pacts', hitjus tarn fiagifub nulla Judicio erat,fub nul-

ptcunit numera claudebatur, fed apud Anglos BoteOf thefe there lee, hocefl, fine emenda, vocabatur. and Borge, i.e. Pidejujfor) is the were many others in England, but, the molt fafame with Francpledge, the one being in the Saxons mous at Beverley, which had this lufcription, Time, the other fincc the Conqueft; wherefore, H*c ftdes lapidea Freed ftoll dieitur, i. e. Pads
la

alias

rJFnthbcytf,

(from the Saxon

for

pledge,

read frank- Cathedra, ad this, Underftanding quam reus fugiendo ptrveniens, omniand the Laws of King Edward, fct out by modam habit fecuritatem. Canib. It fig! ifijs Lambard, fol. 143. in thefe Words; Prtterea eft alio a Palace, which is ufually a privileged qutdam fur>;ma ? maxima fecuritas, per c.uam om- Place. ties ftatu firmijjimo fujlinentur, viz- ut unuf.uifque JPrtDtolfe quad Ftrdwit: "Tis a Mulct paid by fiabiliat fe fub fidejuffionis fecuritate, qtiam Attgli him who defcrted the Army : From the Saxon vacant, (Freoborghcs) foli tamen Eboraienfes dicunt Fyrd, txpeditia, and Witt, Mulct a. tandem (Ticnmannatalc) <jMod fonat latint decern From the Saxon Frtoh, Jfiild3in. A Freeman: homimtm numerum, &V. Every Man in this King- liber, and Ltjfen, dlmittere. dom was aflbciated in a Decennary, that is, in a JrrilltW, i.e. A Freeman: From the Sax. Freoh, Company of ten Families, who were pledged or liber and Ling, progenies. bound for each other to keep the Peace and ob^friniflflDum, The mulct of a Freeman. ferve the Laws, and if any Offence was done iFrrncrie Is deduced from the French Fripier, by one, the other nine were to anfwer it that interpolator, one that fcourcth up and clcanfeth It is ufed for a Kind is, if the Criminal fled from Juftice, they had old Apparel to fell again thirty Days allowed to apprehend him ; if he of Broker. Anna 1 foe. cap. 21. was not taken in that Time, then he who was 5FnfciH% Uncultivated Land. Et de communia the Friburgh, (that is, the principal Pledge) of Monaft. 2 torn Paftura in Frifcis &> domini.is fuis. the Ten, fhould take two of his own Number, pag. 56. and the chief Pledges of three neighbouring jfrifomf. See Frithfocne. ;tfnfn, A Wood, from the Sax. Frith, pax ; for Friburghs, with two others out of each of thole Frihurghs, in all twelve Men, whereof four were the Englifh Saxcns held feveral Woods to be fa. to be the Chief, and the other eight were to be cred, and made them Sanctuaries. of the better Sort, and thofc were to purge ^rithbO^gh. See Free borgh. themfelvcs and their Friburgh, of the Forfeiture jfrirljh.'ecli, Paiis violatio, the Breaking of the and Flight of the Criminal, which if they could Peace. Leg.Ethelredi, cap. 6. See Fry the. not do, then the principal Pledge, with the ^FntbiJEar. Inter Leges Prt:byttrorum No'tlumother eight to whom he did belong, was to make breujium, cap. 48. Si fuptrjiitiofus Hit convtntus qui
; :

the

full Sat isfaftion;

but afterwards it became difficult to get the three neighbouring Friburghs and therefore thofc to join with the other, other nine made Oarh that they were not Guilty, and that they would bring the Criminal Erallon to Juiticc as foon as he Ihould be taken.

terra ali. ujus circa dieitur, habitus fuerit in arborem, fontem, &fc. Mr. Samner thinks it lapidem, a Sort of Jubiltt, or Yearly Meeting for Peace

Frithgear

and 1-riendfhip, from Sax.

a Year.

Frith,

Peace, and Gear,

c 2

5Fntlj*

F R
I
I
1

F R

The fame which we now call a cording to Fleta) Libertas habendi frand plegii ; or, JrritfjgilO, immunitatis locus. Guild- Hall, or a Fraternity or Company. One who is of a Fraternity or JffObO^g or JFreoburgI), (from the Saxon Freo, ;ffritl)inannu, i.e. Free; and Borge, i.e. Fidejuffor.) See Friburg Company. Arm. da- and Frankpledge. JFntljmOte per ffritljmOte, J- Stanley mat capere annuatim de villa de Otton qua eft infra Jfroomo^tel, re&ius Jrreomoitel, (from the Manerium de Aldford Infra foreftaria de Saxon Freo, Free ; and Morph-dosd, Homicidium) An feodum la titer 10 fol. tjuos Comites Cefiria ante confeBionem Immunity or Freedom granted for committing Et concedo eh curiam fuam de omcuria prxdiB* folebant capere. PL in Itin. apud Ccftr. Manflaughter. Frodmornibus querelis, &c. judicium fuum pro *4 H- 7. and tfrifhfcfee, (Frith, 1. e. Fax and tell, &> quod homines Jint credendi per fuam Ya per tfrithforne or (ac- fuum Na. Monad. 1 Tom. pag. 173. Liberia!) Tuenda pads JurifdiBio;

&

&

&

Socne,

Charta Jdelftani Regis} Sandto Wilfrido de Rippon conceffa.

IBpt

all tfjat e

ano es gan,

|Bat ib fting Adelftan 4fe gitoen alfi frelith. as 31 map, 2tnD to pe Capitel of Seint Wilfrai,

* Makes

it

nip free ebotion Pair pee* at Rippon; * a iike fioe ti)e &p?be a mile,
jflDf

wn

DeeD0 alio pike agvlc; &trke pate * Grithftole * Sedes l)ate. pacis. 2lt pe flan pat jjftithin pe &p^ke ODje ano pa quare,

SanSuary.

fOf, all

ilk

ano

toittjin pair

pair l^abepeejB

foj leg

3|Iban cf pi0 ttebes Pf Frodmortel ano

pair

fat tjatoe
il

ano mare. pee*

OeeO0

oon

tat * 3|ron ano toith, later otme, titl) 2HnO pat pe 5fl.an0 of &eint Wilfrai * deal. jfiDf albpn gelo free fal be ap. * Free from 2Ht nai nan at langea me to Tax and Tri- 3Jn pair * Herplac fal Ijabe at 00 J
Water, Orbute.

10,

Tol,

Tem,

amo

or 31 toitl at pat alkpn freeoome habe Place of im- 3Hn0 in all tl)ing0 be ate free
Frithfoke,

fo^ ib toitl at pai be fane

:

munity.

2fta [)txt

map

tljtnb, 01

epgh

%t
E*
fol.

map

fee :

Monaji. Ang. 1. pag.

1 72. b.

te potoet of a &inge fl^atte make free anp tljpnge.

feale ljabe fj fat perto it unoo. 31 toill at no

<no

mp

fo}

^an

JPruffate terram, To break up new Ground JFropfe, Among the Cuftoms of the Abbey of Saint Edrnondslury, folcmnly declared by the Ab- and reduce it in fruffuram, into new broke Land Idem Galfridus concept pradiBo Abbati decern bot, Prior, and Convent, 1 7 Kal. Novemb. 1 280, Quia multoties refeliio Conventus in RefeBorio acras terra ad fruflandum cum viginti quatuor acris habetur Salvo pradiBo exilis, de terra qua fruffatae funt in Baddebury. propter defeBum pifcium tenuis catero cibarium illud quod dicitur Froyfe ctrtis diebus Galfrido haredibus fuis communi paftura in pradiBa in refeBorio tarn pro ferculo quam pro pitantitt pranden- fruflura pofi blada afportata. Cartular. Abbat. Glarecreen- fton. MS. fol. 48. a. Frufrire terram in the fame tibus apponatur, ut ex eo melius rejicientur

&

&

&

Cartular. St. Edmundi, MS. penes Job. Senfe, ibid. f. 90. and Frufretum for a Field new Norviic. f. 102. By which we may conclude broke up, ibid. fol. 71. Ep'um the old Conventual Froyfe was plain. Pancakes or Wood, or woody Ground. ^Fruffetum, Fritters, not fried with Bacon intermixt, as what Domefday. we ftill call Froyfe is now prepared. jFrutfura, (from the Fr. Froiffure) breaking jrrumgVlD, Is an old Saxon Word, which figni- down or dcmolifhing, alfo a plowing or breaking fics the firft Paymant made to the Kindred of a up,Dedi eis nonam garbam tarn in Frufluris, 2 {lain Perfon, in Recompcnce of his Murder. aua de novo funt, quam in, &>c. Mon. Angl. Par. fol. 394. b. Nee licebit eis aliquam parLeg. Edmundi, cap", ultimo. ^FrumSol, Sedes primaria, The chief Seat or tem pajlura fruflire, vel excolere fine licentia. Finalis Manfion-Hoiue. Leg. Ime Reg. cap. 38. Concord, in Curia Dom. Regis apud Litchfcild &c. DiBam autem ^Frufca terra, Uncultivated and defart Ground, coram Roger, de
tur,

feu fundo nonam garbam dahimus ego &> haredes mei in perpetucontinente 40 in Frufquas 11m tarn in Frnffuris qua de novo fiunt, quidem 40 acras fine aliquo feculari fervitio, furis qua de cxtero funt, &c. Monaft. 2 Tom. pag. fine decimis alicui Ecclejta folvendis, feu fubjecTtone, 394donavit. Mon. quia inanes erant &> vacua
Ecclefida in Jitu acras terra frufcas

Thurkilby,

Fundata fuit

&

Angl.

torn. 2. pag. 327.

JFriiuti*

F U
5Frilffura IDomo^Uin, Houfe breaking. Redatin de latroiiniis &P fruflura domorum. Gcrvas,

F
and
1

U
:

Dorobcrn. Sub anno 1195. Frujfura terr*. New Nottinghamshire, fol. 4.61. broke Land, or lately ploughed up. BiHam fillbare alfo fignifici to Hunt Prohibeo ne auis autem nonani garbam dabhnus, Ego ft " htredes mei fine licentia mea Fuget. in perpetimm, tarn In frufluris qu< de novo fiunt, JrUJjatir, Pro fugandi aftu, Hunting, or the Liberty or Privilege to hnnt. Et Cives babeant Fuquant in aliis terris Bominii mei print cultli Mon. Ang). torn. 2. p. 394. gationcs fuas ad fugandum, ficut melius (Splenitis JFruftrmn terrse,_Or, according to Spelman, habuerunt Anteceffores eorum, in Chiltre 8f Middlefex e> Surr. dfc. Charta Libcrtat. Hen. 1. CmFrujlum, A fmall Piece of Land, Refiduum quiddam prater acrai vumeratas vel campum menfuratum. bus London. Fugatio Forcft*, the Drift of the Cum in Domcfday Fruftrum terra: accipiatur pro Forcft. tfupftve.S Carrurarum, Waggoners who can ampla portione feorfum a campo vi/U, Manerio jacenti.
Dome/day, fula babet Vomeres.
Tit.

ifuqare * rrfllgarc Cafallff, To drive Cattle to fro, forward and backward. Antiquit. of

Hantifc.

Rex

Abcdcftonc.

In in- drive

Rex unum fruftrum

terrse unde exemit 6\

rtfnifertum, A Place where Shrubs, or great eft ibidem quidem bofcus vocat. Clync, qui valet per Herbs with big Stalks grow. Bamus etiam eif- annum, cum Pannagio, melle, fugerio & Jampno dem decimas de omnibus Novalibus nojlris, i. e. Be ter- ejufdum, iii s. Survey of the Dutchy of Cornwal. ris quas de pahidibus QP de frute&is in terram arabi- Clauf. 1 Ed. 3. Par. 2. M. 1. Borfi. In an old lem traximus, per nummos vel per Kirfete. Mon. Forcft Book of Sherwood, it is interpreted Gortle-

Oxen equally yoaked, without beating or goading. Fleta, lib.i. cap. 78. Par. 1. jriimrium, (Fr. Fougiere) Fern. Liskiret. Item

Angl.

belong and Bcrge, fidejuffor. Et fint qnieti de Fryth- to the King, or Lord of the Manor. Co. Vol. 6. borgh, Qp de Bloclewite, Fithwitc, Ferdwyte, fol. 109. Sec Waif. &c. 4 Pafih. 6 Hen. 4. Rot. 24. It might here jFuilfaDuill, i. e. Vinaria dolia, viz. Et de decern fignify a Freedom from giving Security of the junilis falls inwickie, cum duabus falinis gp Fuiftallo Peace. Monaft. 2. torn. pag. 89. JFulgena, i. e. Filix: Et paffi/agium in Foreft a tfrpfttnpof tfUhielfl, Perhaps what we now call the Rinding of Wheels, i. e. fitting and &> herbam &> Fulgeriam &> juntos ad falcandum, faftning the Fellows (or Pieces of Wood that con- Du Cange. Nullum aqtiae, A Stream of Water, a Fleam, jointly make the Circle) upon the Spokes, which on the Top are let into the Fellows, and at the fuch as comes from a Mill. Bottom into the Hub. In folutis pro fryttyngc JFuitnnjr, Fumagium, Dung, or Manuring with Paroch. Dung, Et fint quieli de fumagio & Maremio cariqu'mque rotaruni hoc anno vii. denar ando, &c. charta R. 2. Priorat. 'de,Hertland, Pat. 5 Antiq. p. 574. ^Fuage or JrOratJf , Derived a foco : In the Reign E. 4. part 3. m. 13. But indeed" Fumagium was of Edward the Third, the black Prince of Wales properly Smoke-Farthings, or a cuftomary Payhaving Acquitaine granted him, laid an Impofi- ment from every Houfe that had a Chimney or tion of Fuage or Forage Fire-Hearth. upon the Subjects of that Dukedom, viz. Twelve-pence for every Fire, ^umdfljoe^ or tfumauOfS*, 14 Car. 2. cap. 31. Our Pilchards garbaged, faltcd, called Herth-Money, Rot. Pari. 25 F. 3. 'Tis prohanged in the bable our Hearth-Money took its Original from Smoke, and prcfled, are fo called in Italy and hence. Spain, whither they are carried in great Numbers. I See Sidling!. JFllavitim. JFuniatlfUtn, The fame with Focagium, which JFlUr, Fuga, from tho French Fuir, Fugere fee. Though it be a Verb, yet it is ufed fubftantivcly, JfunOatO;, The Founder of a Church, College, and is two-fold ; Fuer in fait (in faffo) when a Hofpital, or other publick Benefaction. This Man doth apparently and corporally fly, and Title in the old religious Houlcs was equivalent fuer in ley (in lege) when being called in the to Patron: For it was not only given to the firft County he appeareth not, until he be outlawed ; actual Founder, but continued to thofc Barons and for this is Flight in Interpretation of Law, Knights, who held the Fee of the Site or EndowStaund. pi. cor. lib. 3. cap. 22. ments of fuch Monaftcries, and by fuch Tenure Sec had the Patronage or Advowfon of them. And jFiiO* ^ataflojum, A Drove of Cattle. Streteward. if after the Extinction or long Intcrmillion of jFllgati? Signifies a Chafe, and is all one with this Title, any Perfon could prove his Defcent Chnfea. Charta Matildis Imperatricis Miloni de Glouc. from the firft Founder, he was aflumed by the libere Religious to the Name and Honour of their Pracipio quod hac omnia teneat de me quiete, in bofco &= plajio, in Foreftis Fugaciis, Founder. See Mr. Kennet's GJeJfary in Fundaur.

Pro Fuga: Condonavit omnes Felonias St> fol. 5. JrUjjitiO, pounds it, a Plain between two Woods, a Lawnd. Fugitiones. Knighton, Anno 1 537. Chaucer ufes it for a Wood. Cambden (in his Brit#Ugfl-llim. John Grey Bifliop of Norwich grants ton) for an Arm of the Sea, or Streight between to the Prior and Monks of his Cathedral Church two Lands, from Fretum, Maketh his this Privilege in his Woods at Thorpe. Omnes IJfue into the Ejluary or Frith of Thames. Smith exitu de nemore communi provenientes tqualiter dimidi(in his England's Improvement) makes it fignify all abimus fill, herbagium pannagium, pafluram, LruHedge-wood, except Thorns. How to reconcile erium, turbarium, fugerium, Subbofium, radices but am Aire the Saxon fucas, placita, forisfaSuras, &c. Ex Reg. Eccl. thefe, I know not; Frith, fignifies Peace, and that Fryth in our Re- Norwic. cords is often ufed for a Wood. LeiJor, tu tibi ffttgttfbfjl (Etoofiff, Bona fugitivorum, Arc the proper Goods of him that flieth upon Felony Oedipus eflo. Jf ritJ)60^[?, from the Sax. Frith, i. e. fax, which after the Flight lawfully found, do
b.) ex-

f. 92. a. JJTWfj. Sir Ed-ward Coke (on Lift.

3 Par.

grajfe.

&

&

in pr.xtis
1

&

&

pafturis, QPc.

JFunDltO2e0,

Ufed

for Pioneers, in

Pat.

10

Edw.

2.

M.

1.

F U
^Furatjiuni, See Forrare.

F U
capiatur,

^flircfiettim, That Part of the Breaft where the Veins Coming from the Liver are divided in to Forks, that is, where the Breaft is largcft ftelio ^Furtiotf, if,2batf, Jrlrfbotf, A Liberty grant- Concefftt eidem Comiti, &v. dues damos idoneos quolibet ed by the Lord to his Tenant, to take Under- Anno de prtdi&o parco, viz- de utroque damo quatuor wood for tire, or Occafions of burning in his Fa- membra caput cum carlo Forcheto, &.. Lugd. - Habeant in bofcis meit husbote, &P War. pag. 664. mily. Cartular. Abbat. Glafton jfurcnDt'Uu^ JF^rPfHa, jFerlingu", A Furenheykte, fie furbote. MS. f. 36. b. dal, Farundel, or Ferling of Land, i. e. Fardingel, the fourth Part of an Acre, which in is 5Fl'.rca, Seu 'fViI/Jbire CattfufcU, &> foffa, (1'. e. Gallows and Pit.) In ancient Privileges it fignified a Ju- ftill called a Furdingale, and in fomc other Parts Furthindale. Whence in the North, a Furendale rifdiflion of punifhing Felons, that is, Men with Hanging ; Women with Drowning : Of which laft, or Frundel of Corn is two Gawns or Gallons, /. e. take this notable Example out of the Records the fourth Part of a Bufliel. See Mr. Kennet't of Ro hefier Church, in the Time of Gilbert Bifhop GLffary. there, who flourifhed under Richard the Firft, ^FurtSflDum, A Mulct paid for Theft. Among the Laws of King Ethelred, made at Wantage, cap. Anno 1 2 00. Item due mulieres venerunt in v'tllam de Suffliete, 7. 'tis allowed they fliall be Witneffes, qui nunqua frrata fuerunt rrulios pannoi in villa de Croin- quam Furigeldum reddiderunt, i, . who were never done, Qp fecuti funt eas homines ejufdem villx de accufed of Theft or Larceny. Is a Quantity of Croindone, quorum pannos furtive afportaverunt, ifuriOtlO, FerUngum terra, ibi in villam de Suffliete, 6P Ground containing in moft Places forty Poles, ufque capt.t fuerunt habuerunt judicium fuum in Curia every Pole fisteen Foot and an half in Length ; in.arcerata, de Suffliete, ad portandum calidum ferrum, quarum eight of which -Furlongs make a Mile, Anno 3 5 E. una fuit faha, altera damnata, unde fttbmerfa 1. cap. 6. It is othcrwife the eighth Part of an Et hoc totum contigit tempore Gil- Acre ; yet an old Book printed in Henry the fuit in Bikepole. in makes 600 Foot, by five-fcore to berf i "Domini Lpifcopi, quolibet judicio fuerunt Eighth's Time, Et Paulus de Stancs fuit the Hundred, a Furlong. See Acre. In the former Coronarii Domini Regis. tunc Cacherellus de Hundredo de Acftanc. Et per Signification, the Romans call it Stadium, in the illud tempus Robertus de Hecham Monachus fuit later Jugcrum : A Pole is in fbme Places called a and differs in Length according to the Cude Manerio de Suffliete, &* ad mulieres cu/ios judi- Perch, See Perch. canc'as fuit Dominus Henricus de Cobcham, Qp alii ltom of the Country. homines de Patria. Furlong is fometimes ufed for a Piece of Land Foffa is plures homines, difcreti taken away, but Furca remains, lays Sir Edward of more or IcTs Acres. Omnibus Chrifti Fidel. Dedit Thorn* Croft Coke in his 3 Injl. fcl. 58. Skene de verbor. fignifi. Johannes Blount de Eyre Ann. verb. Foffa, hath thefe Words concerning this Franfcifco hovel Arm. unum Forlon-,um terra araMatter. EreBio furcarum ejl meri imperii e> aha bilis ccntinen. per aflimationem quatuor Acras, &c. Dat. 20 Jan. 3 Elix. fignificat Dominium aeris,

Ne Furagium

uh'ictmq; in

Com. Cant'u ad equos fujlentar.dos in Ca Monaft. 1 torn. 22. de Dover.

&

&

&

&

&

&

&

&

quia fufpenfi in qua^fliriia'f, Fitrnagium, Efi tributum quod Domino For in tuor , Jicut funt quatuor elementa : In aere, ut hi qui furni a feBatoribus penditur ob ufum furni. Places the Tenants are bound to bake their fufpenduntur. In igne, quando quis comburitur propter many In aqua, quando quis ponitur in culeo &P Bread in the Lord's Oven. Eft etiam lucrum feu emomaleftcium. in mare projicitur ut parricida, vel in amnem immer- lumentum quod Piftori conceditur in Pifiionis ftimptus &> In terra, cum quis mer.edem,& tunc potefi Pifior de quolibet quarterio frugitur ut Fcemina furti damnata. menti lucrari 4 Den. d furfur. in terram duos panes ad lurdecapitatur
Jufiitia, pendent in aere
:

&

Et merum Imperium

confifiit

&

See cerv;fiae. 51 A. 3. JtD ifurcam ;f lagrltum, The mcaneft of fer- nagiutn. Aflifa panis vile Tenure, when the Bondman was at the Dif- Fornagium. JFurnariU^, A Baker who keeps an Oven. Defenpofal of his Lord for Life and Limb. dant dicit quod non debet facere dot em' irurniarf, To bake, or put any Thing in the quia tyfe tenet in villenagie ad furcam flagillum De Do- Oven : Et inveniemus eidem conventui domes competenmino fuo Richardo de Camvil Placit. term. tes ?P neceffarias ad brnfiandum & Furniandum. Matt.

profiernitur.

&

&

&

Cometh from the French Fouri. The Statute pellkulare, to line with Skins. quod femper in effonio alterius alter rer, 8. cap. 13. mentions divers, as Sable, which compareat, quamdiu furcare pofjint, &> cum ultra 24 H. is a rich Furr, of Colour between black and non poffwt, concurrent eoruni effonia in fuis his. brown, H*c autem omnia dico de pluribus Particiibus, ubi being the Skin of a Beaft calleda Sable , of Bignefi de between a Polecat, and an ordinary Cat, andfhaped terra impertita efi, feu tenementum ; videlicet, furcatione effonii, de defaltis provenientibus. Ra- like a Pole-cat ; bred in Rujpa, but the moft and beft in Tartary. dulf de Hengham. Magna cap. 9. See Fourh. Lucernes is the Skin of a Beaft furcare aD raffum, To pitch Corn, in loading fo called, being near the Bi^nefs of a Wolf, of a Waggon, or in making a Rick or Mow. Tenen- Colour between red and brown, fomething mailtes debent falcare, fpargere, vertere, cumulare, cari- ed like a Cat, and mingled with black Spots ; bred in Mufovia and are in manerhtm Domini, ad taffam furcare Ruffta, and is a very rich F/r. Genet is the Skin of a Beaft fo called, of acram prati. -jfurcare carect-.tm, I fuppofe to hang a Wag- Lignefs between a Cat and a Weexle, mailed like gon or Cart, /. e. to fit the Body of it to hang a Cat, and of the Nature of a Cat ; bred in Spain, Allocantur whereof there be two Kinds, black and grey, right upon the Axel and Wheels. eif'.em pro Richardo Plumbario furcante careBam and the black the more precious Furr, having
Caveant Vir &
JFlirr, Furrura,

Mich, anno z Joh. Rot. 7. ^lirrarf, French Fourcher.

Parif.

Anno

1258.

Mulier implacitati,

&

&

mam

dies iii. fol.per xii. den furcante careftam per

&

pro

Johanne Bow3 d.

unam diem

Paroch. Antiquit.

p. 550.

black Spots upon it hardly to be feen. Foynes is of Fafhion like the Sable, bred in France for the moft part; the Top of the Fur is black, and the

Ground

G A
Ground

G A

Chcclc) of Colour gray, and bred cfpccially in Edw. tenuit, nunquam Geldavit, nee fiitur quot Hid* funt ibi, &>e. in Dominico, Sfc. xx Bord cum high Germany. Tabardum xvii. Car. cV vii. Gablatorcs redd. xvii. c. Pe/licium,vizThelc Longum jfurriirA, capucium. Jcven Gablatores did pay leventeen Shillings, and capuium cum Furrura ad fupertunicam from their paying of Rent were termed GablaMonaft. 2 Tom. pag. 646. To me it fecms probable, that this Gablum and JfoiiOoiuj, i. e. Time to advife, or fores: to take Counfcl, viz. De quibufcuncr, implacitetur a- jis to be diftinguifhed from a Rent or Payment Furft Fon dong babtat. Leg. H. 1. cap. made upon Contraft or Bargain, and hath Relalicjuis l * on to fuch a one as was impofed by the Power 46. And thefc different Sorts ifuftic , A Kind of Wood, which Dyers ufe, land Will of the Lord. and is brought from Barbadoes, Jamaica, Sac. Men- of Payment arc paffed in Domefday-Book under
Squirrel,

Marierne is a Beaft very like other Lord. But that Gablum did as well extend whitifh. the Sable, the Skin fomething coiirfer; it livcth to Money, as to other Things in Kind, u very in all Countries that be not too cold, as England, plain by that Record in Dome/day -Book in Wind/or in Berkjbire, where 'tis faid, Rex Williclmus tenet Ireland, &c. the beft be in Ireland. Miniver is nothing but the Bellies of Squirrels as fomefay ; asothcrs.it Windforcs in Dominica, Rex Edw. tenuit ibi xx., is a little Vermin, like unto aVVccxle, milk-white, hidas, &Pc. Et adhuc funt in villa C. I/age V. minus , and brought from Mofcovy. Fttihh that which we o- ex his funt xxvi. t/uieU de Gablo Qf de aliit exeunt therwifc call the Pole-cat here in England. Shanks xxxfolid. And laltly, In the Tame Book in Somerarc the Skin of the Shank or Leg of a Kind of fetfhire, it is thus cxprelTed in the Title of Terra Kid, which bearcth the Furr that we call Budge, Regis, (which obferve) Rex tenet cedre{\ fuppofe it Calaber is a little Bead, about the Bigncfs of a is that Chedder, fo famous for its Rex

&

fmS

tioned ia Car.

18. Several Exprcffions, according to the Nature of Jriirta, Right or Privilege derived from the them; where fomctimes it is written, That one exe- Reddit to fuch a one fo much, without King, as prime Lord to try, condemn and any other cute Thieves and Felons within fuch Bounds or Addition: And this, I believe, was Rent upon damat Agreement and Contraft: Another Reddit de conDiftrift of an Honour, Manor, &V. habere liberam isiarrenam 6p furtam in terris fuis fuetudine fo much, and a third Reddit de Gablo, Dominus fo much. When Gabel is mentioned without quoad predict" as furtas dicit, quod H. Rex concejpt ei Infangenthef &> utfangenthef in any Addition, then it ufually Signifies the Tax but afterwards it omnibus terris fuis. Cartular. Abbat. Glafton, on Salt propter exctllentiam, MS. f. 86". b. yet I rather think, it ought to was applied to all other Taxes, as Gabelle de Vim. &c. be read Fnrca, and means direftly a Gallows. SeeFithwit. <2Saberbinc, A coarfe Coat or Livery From ;JFutl)toit. JFwDerinp, An Offence or Trefpafs, for which the Germ. Gave, becaufe 'tis ufually given to Serthe Fine or Compenfation was refcrved to the vants every Year. 1. <B*b[*taite, Thofe that paid Gabel, Rent or cap. 10. King's Pleafurc, in the Laws of H. would read it Fynderinga, and interprets Tribute. Domefday. Spelman it Trcafurc-trovc, but indeed the Word is truly abltnn, <&abulum, (35abu'a, The Head, or or Ftrdering, and fignified properly a End, or extreme Part of a Houfe or Building. Fyrderinga Quandam Going out to War, or a Military Expedition at The Gable head, the Gable-end, &c.
2.

cap.

the

King's Command, which upon Refufal or NeglcS, was punifhed with a Firdisiite, or Mulft

particulam terrx
pedes in
latitudine.

extra

gablum

molendini

080

at the King's Pleafurc.

^j>Kl)ltlg, dition.
fiy>}tl)\xiite,

Sec Firdwite.

alias )>2Dung,

The

military Expe- menti met &> gabulum tenement! Laurentii Kepe harme. Ibid. pag. 285. See Mr. Rennet's Gloffame with Fridwit; tvis^aMulft fary.

Que

Paroch. Antiquit. pag. 201. domus fita ejl inter gabulum ter.e-

for deferting the

Army.
G.

viUatyantbiCOJUm, Portuofus Jtnus, Suerby in Yorkshire.

<3abi\t\'0 tlOine.

Ft Rikhil

dit

que

le

demandant en navera Judgment devant cejl brief (Gabella, Gablum, Gablagium, Saxon ceo que Gabriel ufi flay fon Cornc. Plowden, GBbeI, alias Gafel, i. e. VecJigal) hath the fol. 35S. a. That is, till the Day of Doom ; Gafol, fame Signification among our old Writers that never. For Mr. Cambden in his Gabelle hath in France C3ab?0ftntum, Gatefbead in the Brifhoprick of Brit. 213, fpcaking of Wallingford, hath thefe Durham.
:

pag.

(Babulti'S bttianoaum, Rent paid in Money. 176 Hagas, i. domos, reddente< Gablo. And pag. 228. of Oxford Seldenof "Tithes, pag. 321. <J?acilUm, Lat. Remum vel rutabulum vacant. W. gablo, thefe, FUc urbs reddebat pro felonio aliis confnetudinibus, per annum, Regi quidem viginti Thorn, pag. 2010. fpeaking of the Monaftery of

Words,

Continebat
de

novem

libras

&

&

libras
libras.

& fex
it

fectarioi mellis, comiti vera

Gabella, as

Caffaneus
efi

defines

Algaro decern St. Aufiin in Canterbury, fays de de conf. de gachis. it,

diftin-

difcis

&

plateis

3300

Burgund. pag. 119.

bonis mobilibus, id

veftigal
its

quod folvitur pro

eft,

pro

qua vehuntur,

C5tifolD'8pll) Is a Saxon Word, Signifying the Payment or rendring of Tribute or Cuitom. Alfo

tributum, quia tributum efi proprie it fometimes denotes Ufury. <3afOllatlO alias aii.'l latlD, Terra cenfualis, folvatur pro rebus immobilibus. The Lord Coke, in his Comment upon Littleton, faith Land liable to Tribute or Tax. The Saxon Dictifor the onary calls it Rented Land. Sec Gavel. thus, Hi. 2. cap. 12. fol. 213. Here note, of ancient Records, StaCtfauc, Vadium, Signifies a Pawn or Pledge, and better
guifliing

from

quod

fijeo

vel

Principi

Understanding

tutes, Charters, Qfc. That Gabel or Gavel, blum, Gabellum, Gahellettum, Galbellettum and
villettum,

GaGa-

is

derived from the French Gager, that

Glanvil,
lib.
1

is,

pignori
res

dare.

o. cap- 6. faith,

Quar.doque

res immobilet ; fignify a Rent, Cuftom, Duty or mobiles ponuntur in vadium, quar.doque Service, yielded or done to the King or any land a little after ths.t, thus, Invadiatur res quandcq, ad
I

do

GA
ad ttrminum, quandoque
Item quandofine termino ; que invadiatur res aliqua in mortuo vadio, quandoque And from that Chapter to the End of the non. twelfth in the fame Book, he handleth this one Thing; though the Word Gage be retained as it
1

G A
:
i

fometimes half an Acre, fometimes more, it fometimes lefs lieth not of a Garden, Cottage or Croft. 14 AJf. 13. 8 ft 6. 3. 22 Ed. For they be not in 14. 1 3. de Virgata terra, &c. Demefne, but in Gain, &c. Laftly, In the Staof Diftrcffcs in the Exchequer, Anno 1 5 H. is a Subitantive, yet as it is a Verb, Ufe hath tute turned the G. into a W. fo as it is oftner written 3. are thefc Words, No Man of Religion, or other, Wage, as to wage Deliverance, that is, to give Se- fhall be diftrained by his Beafis that gain the Land* For if See Wainage. curity that a Thing fhall be delivered he that diftrained, being fued, have not delivertifrainagium, or OTainagium, In the foregoing ed the Cattle that were diftrained, then he fhall Account is indeed explained with too much Obnot only avow the Diftrefs, but eager Deliver- fcurity, Error and Confufion. For Gaynage or ance, that is, put in Sureties that he will deliver Waynage was properly no more than all the or Implements of Husbandry, the Cattle diftrained, F. N. B. fol. 74 67. yet Plough-tackle, in fome Cafes he fhall not be tied to his Security, without any refp eft to Gain or Profit ; and the as if the Cattle died in the Pound. Kitchin, fol. Equity of thofe Provifb's in Magna Charta, &c. The in the Cattle lay in this Meaning of the Word. 145. Or if he claim a Propriety fued for. Terms de la Ley. To wage Law, fee Knight and Freeholder mould be amerced, Salvo contenemento fuo, i. e. laving his Free-Lands and Law; and alfo fee Mortgage. JDcltberance. See Gage. Tenements, which were not to be touched by (JBager See Gaol. arbitrary Fine. The Merchant or Trader was <2>aj>le. CageC Del 3Up. See Wage, and Wager of to be amerced falva Merchandifa fua, i. e. faving his Goods and Stock, which were Law. ncceffary to See Gawgers. This Word is men- carry on his Trade. And fo likewife the Vil<25an.er!?. tioned in 1 2 Car. 2. cap. 4. lain, the Country-Man, or Plough-Man fhould dhamaflf (Lat. Wainagium, i. e. ABus plaufiri, be fined or amerced for his Offences, but ftill
j
'

&

the i. e. apparatus, French Gaignage, Gain or Crop of tilled or planted Grounds,) fignifies the Draught-Oxen, Horfes, Wain, Plough, and Furniture, for carrying on the Work of VilTillage by the bafer Sort of Sokemen and lains ; and fometimes the Land it felf, or the
vel flauftri
it. BraBon, lib. 1 cap. (fpeaking of Lords and Servants) fays, Et in hoc legem habet contra Dominos, &c. ut fi eos defiruant, eis ejfe Wainagium fuum. quod falvum non poffit liber And again, lib. 3. traft. 2. cap. I. Miles homo r.on amerciabitur nifi fecundum modum delitTt,
.

falvo gainagio fuo,

i. e. faving all his Plough-geer, and neceffary Implements of Husbandry, which if diftrained or feifod for fuch Fines or Impofi-

would difable him from carrying on his Employment of Agriculture; contrary to the fundamental Liberty of Subjects, which was
tions
fo to

Profit raifed by cultivating

9.

be mulfted,

or fined,

or amerced,

as

mould punifh them, but not break them, or un(Fr. Gaignerie,") Tillage or Tilling, or the Profit raifed of Tillage, or of the Beafts ufed therein. I have feen an old Lcafe that demifed Omnes terras, pratos in M. vulgo pajluras

&

do them. ainerp,

fecundum quod delictum pit magnum vel parvum falvo contenemento fuo : Mercator non nifi J aha Mer- vocat. le Gainerie, &c. ViUanus non nifi falvo wainagio fuo. <J5atntire, We/1, i. cap. 6 17. Signifies the candifa. fua, For anciently, as it appears both by Mag. Char, fame with gainery. and other Books, the Villain, when Mat. Paris (ffiialfa, A Galley, or fwift Ship. cap. 14. amerced, had his Wainage free, to the End the calls it Liburna. Sec Hoveden, pag. 688, 602. And the Law, for Plough might not (land ttill Armo caput Galea, pelagus percurro Galea. the fame' Reafon, does ftill allow a like Privithat his Draughtlege to the Husbandman, Hprfes and Oxen are not in many Cafes dittrain(Balegf, Galice, Secmeth to come of the Fr. This in Wejlm. 1. cap. 6. Anno 3 E. 1. is Galloches, which fignifieth a Kind of Shoe worn ablc. called Gaynure, and again, cap. 17. and in Mag- by the Gauls in dirty Weather ; and at prefent the na Charta, cap. 14. it is called Gainage. In the Signification differs not much among us. The And 146s 15 it is termed Gainor, in Word isufed^ta<>4 E.4. Old. Nat. Brev. fol. 11 7. cap. 7. was Precipe, H. 8. cap. 0. where it is written plainly Gathefe Words, The Writ of Aiel unam bova- loches. &c. quod reddat unam bovatam terrte tam marifii. And the Writ was abated for that (failles, i. e. A Gallery or Church-Porch. Prynthe Oxgang is -always of a Thing that lieth in Lib. Angl. 3 Tom. pag. 66S. Et infuper inveniam Gainor. This Word was ufed only concerning unum Sacerdotem miffalem, de prtdi&o SanHo, in Ecarable Land, becaufe they that had it in Occupation, clefia memorata, in loco qui dicitur la Galiley. had nothing of it, but the Profit and Fruit the Nature (SSalingal Is a medicinal Herb, raifed by their own Pains towards their Sufte- and Diverfity whereof is expreffed in Gerard's The Root of this is nancc, nor any other Title, but at the Lord s Herbal, lib. 3. cap. 22. Will. Gainor, again in the fame Book, fol. 12. mentioned for a Drug to be garbled. 1 J-ac. is ufed for a Soke-man, that hath fuch Land in 19. In the 32 Chapter of the Grand his Occupation. alfafUltl, Whelp Caftle in Wefimorland. (SaHabs, Wallwick in Northumberland. Cufiumary of Normandy, Geigneurs be AgricoU,

&

&

& &

&

qui terras eleemofynatas pojjident. Gainer for to Plow or Till,

And
fol.

Britton ufeth

42 e> 65. Wefi.

feci.
3.

Symbol, part 2. thefe Words,

rx,

Tit.

Recoveries,

Bovata Marifci. becaufe of the Incertainty ; for a Selion is a Piece of Land fometimes containing an Acre,
3

Precipe quod reddat lieth not in the Word in that Senfe, viz. In quorum prima acie 13 E. 3. fol. 3. nor de felione ter- fuit dominus Galfridus, Qpc. cum niultis Galletis,
i.

(BaDena, Wallingford in Berkfiire. (SaOeti. Mr. Somner was of Opinion that they hath were Viri Galeati ; but Knighton doth, not mention

e.

with

many Welchmen.
<SaHiga,6&m..

GA
dSalliuaBkinf,
I.

G A
or Breeches,
Sic

'

Wide Hofc

demum

decies

metens ex aquore

Garbas

fo called, bccaiifc ufed

by the Gafcoings. Were a Kind of Coin which with (3alll)fllpfn^ Suskins and Dotkins were forbidden by the Staruic of 3 H. J. 1. They where a Genoa Coin, brought in by the Genoeft Merchants, who trading hither in Gallics, lived commonly in a Lane near 7Vwtheir er-Street,nnd were called Galley-Men, landing Goods at a Place in Thames- Street called Galleywith their own fmall Silver Com Key, and trading See Stow'l Survey of called
Galley
;

Tenuis

nctht. actipiet qui vine la jugalia

is

Garba in fome Places

taken for an Handful, viz.

hb.
2. c.
1

Garba

aceris fit ex triginta pedis. Flcta,

2.

tSiiblt'H,

Dull, Soil,

Anno 21 foe. cap. or UnclcanncQ that

19.
is

Signifies the

fevered from
R.
3. cap. 1 \.

Spice, Drugs, 9fc. iffjarblinfl of HBotrffjitoe*, Anno Is the Sorting or Culling out the

Good from

the

Bad.

London, 157.

Half-pence; Sir Francis Baton writes

'tis
i.

Halfpence
Slaves.

and,

like,
e.

C5aUinw\frf,

them Gauls- fy it. more truly. Thence proGarbo, that is Fincnels, Ncatnefs Meal given to Galley bably we fay, when we fee a Man in neat Habit. He is in a handfome Garb.
1

As Garbling of Spice is nothing but to puriit from the Drofs and Dull that is mixed with It may fecm to proceed from the Italian

d&arbler Of .SpicfF, 21 Jac. cap. 9. Is an Offi>aflibo!atunn, a Cockfhoot or Cockgladc. Dedi imam Gravam cum Gallivolatio. Char,ta An- cer of great Antiquity in the City of London, who Andclfcwhcic I find volatium filvefire in the may enter into any Shop, Warehoufe, &V. to tiq. fame Signification. Item funt ibidem quatuor volatia view and fcarch Drugs, Spices, 6Pc. and to garble mor- the fame, and make them clean. filveftria, qut, valent per annum is. lnq. poft. (Barcinae, The Word pofliblyisfb printed by Mortimer 22 R. 1. tem Rog. Miftake for Sarcina, however it fo (ignifics, the <3a\loil)(0. Sec Galege. Cum certam nofiri elegijfent Baggage of an Army. <0allf Be a Kind of a hard and round Fruit Stationem cariagium quoaue (quod Garcinas aplike a Nut, growing upon the Tree, in Latin a in R. 2.
called Galla
:

The

divers Kinds and Ufes where3. cap. 34.

peSamus)

ttrgo locajfent.

Walfingham

of Gerard cxprcfleth in bis Herbal, lib. This is a Drug to be garbled. 1 Jac.

(jjamutcia, amtVia, Fr. Jambiere. Boots, or Defence for the Legs.

pag. 242.
Ur5arri0,

19.

Groom,

Military of the Sed cord, where Stola does not fignify a Clofeutrum habere pojfunt Gambrias, y> galeas in capitibus, Stool, as vulgarly furmifed, but a Robe of Nic. Upton Honour. invenimus. neque lege neque confuetudine CBarcionPS and (Sarrirse, the Baggage of an de Militari Officio, 1. 2. ca. 8. M. Army, (b called a garcionibus five mihtum famuli s : dBaniD^r.n , (Gambezonum) (Pat. 15 Ed. 1. ufed in War, which Walfingham, pag. 242. For Garciones are thofe 13.) a l n 8 Horfeman's Coat covered the Legs, Gambit. Ego Johannes Bee Servants which follow the Camp. Habeat Garciocondo Tejlamentum Jeo done malme a Dieu nem fuo fervitio femper attendentem. Ingulphus, pa. ft? men Corps a enfevelir al Abbey de Kirkftcdc en le 886. dparcn, d&arctO, Any poor fervileLad, or Boy Chapel St. Maurice, one motsmeleur Chival,pris de xl. Haubert de Guerre, mes Chancons, mes Servant. Fr. Garcon. But it feems of old Galic, Maris, For in the prcfent Irijh (if Covertures de Fer, mon Gambcyfon, ma Targe, cue or Britijb Original tout mon barneys de Guerre, q. a mon Corps appent, there be any Truth in Toland) Garfon is an appelProbatum 10 Cal. Martii, Anno 1303. Or lative for any menial Servant. See Mr. Kennet's &>c. rather a quilted Coat. Cento, vcflimentum ex coa- Gloffary. cTili Lana confeHum, to put under the Armour to warp, (Fr. Garde, Lat. Cuflodia,") fignifies a Cumake it fit e.ily. Fleta, lib. 1. c. z^.Par. 12. See ftody or Care of Defence, but hath divers Applications fometimes to thofe that attend upon the perpunBum. Safety of the Prince, called the Life-guard, and Yeomen of the Guard ; fometimes to fuch as have" PeHera tot coriis, tot Gambcfonibus armant. the Education and Guardianfhip of Infants or fometimes to a Wric touching Wardship ; <S>m%>E!$.Yi, (Lies Lujhationis) LL. Athelftani Ideots of which there were three Sorts, one called Droit See Rogation Week. Gang-Week. Regis. See Rogation- Week. de Gard, the fecond Ejectment de Gard, the third ailglffl. (Kaol, Gaola, Cometh of the French Geol, i. Ravijhment de Gard. Fitz- Nat. Br.f. 139, 140. Sec Caveola, a Cage for Birds, but is metaphorically Ward and Gardian. thence cometh the Mailer of a ufed for a Prifon C&arDtruaiilC, (Fr. Gardebra,e) a Vambrace or Prifon to be called Gaoler, or fayler. Armor for the Arm. King H. 5. by Charter <>ara, A Mcafure or fmall Quantity of Ground. dated 10 funii. 7 Regni, granted to Sir William Et in prato juxta Bereford fex acras&P Bourchier, Comitatum de Eive in Normandy Redduas garas, 6" in prato de Atrefort fex acras &P dendo ditto Regi fiP haredibus fuis apud Cafirum RcGardebrachc ad Fefium SanHi duai garas, &>c. Mon. Angl. torn. 3. Par. 2. thomagi unum

(Fr. Garcon) a Boy, a Stripling, a tla. Cor. 21 Ed. I. Garcia SioU, Groom Stole to the King, as I find it in a Re-

mm

'

'

pag. 29.

(Sarut Cometh
alias Gerbe, i.Jafcis

of the French

Word

Georgii fingulis Annis,

&V. Baronag. Angliae.

2 Part,

Garbe,

: It (ignifies with us a Bundle or Sheaf of Corn, Charta de Forejla, cap. 7. And Garba fagittarum is a Sheaf of Arrows, containing twenty-four, otherwife called Shaffa fagittarum. De omni annona decima Skene, verbo, Garba. garba Deo debita ejl. LL. Edvardi Conf. cap. 8. It is fometimes ufed for all manner of Corn and Grain that is ufually bound in Sheafs, as Decim* Garbarum.

d&aroeni oe l*<itftem.in\ (An. 17 Car. i.e. 15.) Warden of the Stannaries. firoeroba. In a private Houfe by Garderoba, was meant a Clofct, or any fmall Apartment for Ruhardus Abbas &P conhanging up of Cloaths.
.

ventus

S.

Edmundi

concejferunt jFohanni

Fr/iry

totum ntejfuagium videl. unam aulam cum duobus fvlariis adjunSis eidem aula cum duobus garHcrobis<<

unam parvam cameram cum una garderoba ad eandem. Cartular. S. Edmundi. MS.f. 294. Dd (Ear,
eademfolaria,

ad terminum, quandoque

half an Acre, fometimes more, Item quando- fometimes it lieth not of a Garden, lefs : invadiatur res aliqua in mortuo vadio, quandoque fometimes que And from that Chapter to the End of the Cottage or Croft. 14 Aff. 13. 8 J3. 6. 3. 22 Ed. non. For they be not in twelfth in the fame Book, he liandleth this one '4. 13. deVirgata terr*, &c. Thing; though the Word Gage be retained as it Demefne, but in Gain, &c. Laftly, In the Staof Diftrcflcs in the Exchequer, Anno 1 5 H. is a Subftantive, yet as it is a Verb, Ufe hath tute turned the G. into a W. fo as it is oftner written 3. are thefc Words, No Man of Religion, or other, be diftrained by his Beajls that gain the Land Wage, as to -wage Deliverance, that is, to give Se- fhall For if See Wainage. curity that a Thing mall be delivered he that diftrained, being fued, have not deliver tiPainagium, or OTainagium, In the foregoing ed the Cattle that were diftrained, then he fhall Account is indeed explained with too much Obnot only avow the Diftrefs, but gager Deliver- fcurity, Error and Confufion. For Gaynage or ance, that is, put in Sureties that he will deliver Waynage was properly no more than all the or Implements of Husbandry, the Cattle diftrained, F. N. B. fol. 74 67. yet Plough-tackle, in fome Cafes he ftiall not be tied to his Security, without any refpeft to Gain or Profit ; and the as if the Cattle died in the Pound. Kitchin, joh Equity of thofe Provifb's in Magna Charta, &c. The the Cattle lay in this Meaning of the Word. 145. Or if he claim a Propriety in fued for. Terms de la Ley. To wage Law, lee Knight and Freeholder Ihould be amerced, Salvo
fine

'

termino

&

Law; and

alio fee Mortgage. (gager 3De(tuerance. See Gage(gaple. See Gaol. CageC Del 3UjV See Wage,

contenemento fuo,

i.

e.

laving

Tenements, which were not

arbitrary
Fine.

The

Free-Lands and be touched by Merchant or Trader was

his

to

and Wager

of

to
his

be amerced falva Merchandifa fua,

i. e.

faving

Law.
(Baijer^.

Goods and Stock, which were neceflary to

See Gawgers.
2 Car. 2. cap. 4.

This
i.

Word
e.

is

men-

carry
lain,

tioned in

<2bainapp (Lat.
vel flauftri

Wainagium,

ABus

plauftri
i. e.

on his Trade. And fo likewife the Vilthe Country-Man, or Plough-Man fhould be fined or amerced for his Offences, but ftill

apparatus,

French Gaignage,

the faho gainagio fuo,

Gain or Crop of tilled or planted Grounds,) fignifies the Draught-Oxen, Horfes, Wain, Plough, and Furniture, for carrying on the Work of VilTillage by the bafer Sort of Sokemen and lains ; and fometimes the Land it felf, or the
Profit raifed by cultivating
9.
.

i. e. faving all his Plough-geer, and neceflary Implements of Husbandry, which if diftrained or feiled for fuch Fines or Impofi-

would difable him from carrying on his Employment of Agriculture; contrary to the fundamental Liberty of Subjects, which was
tions

it. BraBon, lib. 1 or fined, or amerced, as cap. fo to be mulfted, (fpeaking of Lords and Servants) fays, Et in fliould punifh them, but not break them, or unhoc legem habet contra Dominos, &>c. ut fi eos deftruant, do them. eis effe Wainagium fuum (Kaitierp, (Fr. Gaignerie,") Tillage or Tilling, quod fahum non pojpt And again, lib. 3. traft. 2. cap. 1. Miles &* liber or the Profit raifed of Tillage, or of the Beafts homo r.on amerciabitur nip, fecundum modum deliBi ufed therein. I have feen an old Leafe that demifed Omnes terras, pratos in M. fecundunt quod deliBum pit magnum vel parvum vulgo pajluras faho contenemento fuo : Mercator non nifi falva Mer- vocat. le Gainerie, &>c. ViUanus non nifi faho wainagio fuo. <5aintire, Weft. 1. cap. 6 it. Signifies the candifa. fua, For anciently, as it appears both by Mag. Char, lame with gainery. and other Books, the Villain, when Mat. Paris (HJalfa, A Galley, or fwift Ship. cap. 14. amerced, had his Wainage free, to the End the calls it Liburna. Sec Hoveden, pag. 688, 692. And the Law, for Plough might not ftand ttill Armo caput Galea, pelagus percurro Galea. the fame' Reafbn, does (till allow a like Privithat his Draughtlege to the Husbandman, Hprfes and Oxen are not in many Cafes dittraiii(Salegp, Galice, Secmeth to come of the Fr. This in Wejlm. 1. cap. 6. Anno 3 E. 1. is Galloches, which fignifieth a Kind of Shoe worn ablc. called Gaynure, and again, cap. 17. and in Mag- by the Gauls in dirty Weather; and at prefent the na Charta, cap. 14. it is called Gainage. In the Signification differs not much among us. The And 14 c> 15 it is termed Gainor, in Word isufcd^o4 E. 4. Old. Nat. Brev. fol. 117. cap. 7. thefe Words, The Writ of Aiel was Precipe, H. 8. cap. 9. where it is written plainly Ga&c. quod reddat unam bovatam terrte &> unam bova- loches. tam marifi. And the Writ was abated for that (Rallies, I e. A Gallery or Church-Porch. Prynthe Oxgang is always of a Thing that lieth in Lib. Angl. 3 Tom. pag. 668. Et infuper inveniam Gainer. This Word was ufed only concerning unum Sacerdotem m/jfalem, de prtdiBo SanBo, in Ecarable Land, becaufe they that had it in Occupation, clefia memorata, in loco qui dicitur la Galiley. had nothing of it, but the Profit and Fruit the Nature <>almgal Is a medicinal Herb, raifed by their own Pains towards their Sufte- and Diverfity whereof is exprefled in Gerard's The Root of this is nancc, nor any other Title, but at the Lord's Herbal, lib. 3. cap. 22. Will. Gainor, again in the fame Book, fol. 12. mentioned for a Drug to be garbled. 1 J-ac. is ufed for a Soke-man, that hath fuch Land in 19. In the 32 Chapter of the Grand his Occupation. allafum, Whelp Caftlem Weftmorland. <23aHau3, Wallwick in Northumberland. Cufiumary of Normandy, Geigneurs be AgricoU, terras eleemofynatas pofftdent. And Britton ufeth (BaDftia, Wallingford in Berkfiire. qui Gainer for to Plow or Till, fol. 42 &= 6j. Weft. Mr. Somner was of Opinion that they (JgaRt'ti. Tit. Recoveries, feci. 3. hath were Viri Galeati ; but Knighton doth, not meution Symbol, part 2. thefe Words, Precipe quod reddat lieth not in the Word in that Senfe, viz. In quorum prima acie Bovata Marifci. 13 E. 3. fol. 3. nor de felior.e ter- fuit dominus Galfridus, &c. cum multis Galletis, e. with ra, becaufe of the Incertainty ; for a Selion is many Welchmen. a Piece of Land ibmetimes containing an Acre,

&

&

& &

<S5aIJiga,e kin> ,

GA
dpallioaflkinfi', /. *. fo called, becaufc ufed

G A

or Breeches, Sic cfemum decies mettns ex aquore Garbas Tenia s aeiipiet qui vincla jugalia ncBil. by the Gafcoingj. Were a Kind of Coin which with Garba in fome Places is taken for an Handful, viz.. Qt\\ll)ii\Bm$ Stukhu and Dothns were forbidden by the Statute Garba aceris ft ex triginta pedis. Flcta, lib. 2. c. 12. of 3 H. J. i. They where a Genoa Coin, brought BiirblPH, Anno 2t Jac. cap. 19. Signifie> the in by the Genoefe Merchants, who trading hither Dud, Soil, or UnclcanncG that is fevered from in Gallics, lived commonly in a Lane near Tcw&c. their Spice, Drugs, er-Sireet, and were called Galley- Mm, landing (Earbliiift of U&on-ff -itoeir, Anno 1 R. 3. cap. 1 r. Street called Galley. Goods at a Place in ThamesIs the Sorting or Culling out the Good from the with their own frnall Silver Com Bad. As Key,nnc\ trading Garbling of Spice is nothing but to puriSee Stow' l Survey of called Galley Half-pence. it from the Drofs and Dull that is mixed with writes them G.wls- fy London, 137. Sir Francis Bacon It may fecm to proceed from the Italian it. more truly. Halfpence ; and, 'tis like, Garbo, that is Fincnels, Ncatncfs t Thence proC5aUin>atofrr, i. e. Meal given to Galley bably we fay, when we fee a Man in neat Habit. Slaves. He is in a handfome Garb.
dBarbler Of .$nicff, 21 Jac. cap. 9. Is an OffiOafltbolatlinn, a Cockfhoot or Cockgladc. Dedi unam Gravamcum Gallivolatio. Charta An- cer of great Antiquity in the City of London, who Andelfcwhcrc I find volatium filvefire in the may enter into any Shop, VVarehoufe, fifr. to tiq. fame Signification. Item funt ibidem quatuorvch** view and fcarch Drugs, Spices, Qfc. and to garble mor- the fame, and make them clean. filveltria, qua va lent per annum is. lnq. poft. 22 R. 1. (Barcinae, The Word pofltblyisfo printed by tem Rog. Mortimer Miftake for Sarcin*, however it fo fignifics, the Sec Galege. <J5allOCljeS. Cum certam nojlri elegiffent Baggage of an Army. <0all0 Be a Kind of a hard and round Fruit Stationem cariagium quoque {quod Garcinas aplike a Nut, growing upon the Tree, in Latin a in R. 2.
called Galla
:

Wide Hofc

The

divers Kinds and Ufcs where5. cap. 34.

peSamus)
pag. 242.

tergo locajfent.

Walfingham

(Fr. Garcon) a Boy, a Stripling, a Cor. 21 Ed. I. Garcia SioU, Groom (SainutTia, amtVia, Fr. Jambiere. Military of the Stole to the King, as I find it in a ReSed cord, where Stola does not fignify a ClofeBoots, or Defence for the Legs. utrum habere poffunt Gambrias, fc> galeas in capitibus, Stool, as vulgarly i'urmifed, but a Robe of Nic. Upton Honour. invenimus. neque lege neque confuetudine (E>arcinnp and (Carrir*, the Baggage of an de Mihtari Officio, 1. 2. ca. 8. {Gambezonum) {Pat. ij Ed. 1. M. Army, lb called a garcionibus five mtlitum famuli s : (BaniO^r.i;, ufed in War, which Walfingham, pag. 242. For Garciones are thofe 13.) a long Horreman's Coat covered the Legs, Gambit. Ego Johannes Bee Servants which follow the Camp. Habeat Garciotfljarrio,

of Gerard exprcfleth in his Herbal, lib. This is a Drug to be garbled. 1 Jac.

19.

Groom.

P la.

Jeo done malme a Dieu Tejlamentum 8f mon Corps a enfevelir al Abbey de Kirkftcde en le de xl. Chapel St. Maurice, one monmeleur Chival,pris Marks, mon Haubert de Guerre, mes Chancons, mes Covertures de Fer, mon Gambcyfon, ma Targe, cue tout mon barneys de Guerre, q. a mon Corps appent, Probatum 10 Cal. Martii, Anno 1303. Or &>c. rather a quilted Coat. Cento, vejlimentum ex coaSlili Lana confeBum, to put under the Armour to make it (it eafy. Fleta, lib. I. c. 24. Par. 12. See
conio

nem fuo fervitio femper

886.

attendentem.

Ingulphus, pa.

(Barer, d&ircio, Any poor fervileLad, or Boy But it feems of old Galic, Servant. Fr. Garcon. For in the prefent Irifh (if or Britijb Original there be any Truth in Toland) Garfon is an appelSee Mr. Kennet's lative for any menial Servant.
:

Glojfary. i>aro, (Fr.

perpunBum.

Garde, Lat. Cuftodia,) fignifies a Cuftody or Care of Defence, but hath divers Applications ; fometimes to thofe that attend upon the Safety of the Prince, called the Life-guard, and

PeBera

tot corns,

tot

Gambcfonibus armant.

d&UIS'lPfiy^t {Dies Lujlrationis) LL. Athelftani Regis. See Rogation-Week. Gang-Week. See Rogation-Week. d5ang>U)ffl. <&nol,Gaola, Cometh of the French Geol, i.
Caveola, a Cage for Birds, but is metaphorically ufed for a Prifon ; thence Cometh the Matter of a Prifon to be called Gaoler, or Jayler.

Yeomen of the Guard ; fometimes to fuch as have' the Education and Guardianfhip of Infants or Ideots ; fometimes to a Writ touching Wardship ;of which there were three Sorts, one called Droit de Gard, the fecond EjeHment de Gard, the third Ravijhment de Gard. Fitz- Nat. Br./. 139, 140. Sec
Gardian. C&arDefnaiiie, (Fr. Gardebrace) a Vambrace or Armor for the Arm. King H. 5. by Charter dated 10 Junii. 7 Regni, granted to Sir William RedBourchier, Comitatum de Ewe in Normandy dendo diBo Regi fiP haredibus fuis apud Cajlrum RoGardebrachc ad Fefium Sar.Bi thomagi unum Georgii fingulis Annis, &V. Baronag. Anglise. 2 Parr. (fcarorlH Df I'Ofcfttm.ur, {An. 17 Car. i.e. 15.) Warden of the Stannaries. dbaroeroba. In a private Houfe by Garderoba, was meant a Clofet, or any fmall Apartment for

Ward and

'

<2&ara,

A Meafure orfmall
in

Quantity of Ground.

Et

Anas garas, duas garas, pag. 29.

prato juxta Bereford fex a eras &P &> in prato de Atrefort fex acras &P &c. Mon. Angl. torn. 3. Par. a.

(SaruC Cometh
alias Gerbe, i.Jafcis

of the French

Word

Garbe,

or Sheaf of Corn, Garba fagittarum is a Sheaf of Arrows, containing twenty-four, othcrwife called Shaffa fagittarum. De omni annona decima Skene, verbo, Garba. Deo debita ejl. LL. Edvardi Conf. cap. 8. t is ?;arbafometimes ufed for all manner of Corn and Grain that is ufually bound in Sheafs, as Decim* Garbarum.

It (ignifies with us a Bundle Chart a de Forefia, cap. 7. And

ventus

hanging up of Cloaths. S. Edmundi

Richardus Abbas cf
concefferunt

con-

Jobavni Frnry

fvlariis

totum ntejfuagium vide! unam aulam cum duobus adjunBis eidem aula cum duobus garderobisaj

eademfolaria,

unam parvamcameram cum una

S.

garde<3nr,

roba ad eandem. Cartular.

Edmundi. MS.f. 294.

G A
arDerobf.
See
Wardrobe,

GA
and 2
Infi.

Staundf. Prserog. cap. 1. Old Nat. Brev. fol. 94. And Skene de verb, fignif. verba Varda, from whom <fl>arnta, or dguaruta, Is a Word ufed among you may learn great Affinity, and yet fome Difthe FeiuUfis for the Latin Cufiodia ;&= Guardianus, ference between the Law of Scotland and Ours in feu guardio, dicitur Me, cm cuflodia commijfa eft. this Point. Lib. Feudor. i. Tit. 2, 8c n. Cfaroiane or dJuarnian of tfje i&piritualitiejff, flfrirfnene or (garoian, Cuftes, Cometh of the Cufios Spiritualium vel Spiritua!itatis,h he to whom French Gardien, and yet the German Word War- the Spiritual Jurifdiction of any Diocefc is comden is nearer to it. It fignifics generally him that mitted, during the Vacancy of the See. 25 H. 8. hath the Charge or Cnftody of any Pcribn or ai. And the Guardian of the Spiritualities may Thing ; but more notorioufly him that hath the either be Guardian in Law, or fure Magifiratus, Education or Protection of fuch People, as are as the Archbifhop is of any Diocefe within his not of fufficient Difcretion to guide rhemfelves Province ; or Guardian by Delegation, as he and their own Affairs, as Children and Ideots, whom the Archbifhop or Vicar-General doth for being indeed as largely extended as Tutor and the Time depute. 13 Eliz- cap. 12. is (ZSaroiane or (JJarOian of ttje JSeace, Curator, among the Civilians ; for whereas Tutor Cufios pahe that hath the Government of a Youth, until ds. See Ccnfervator of the Peace. Curator he come to fourteen Years of Age ; and (SarDian, or rather JBarOen of tfjc Cinques he that hath the Dilpofition and Ordering of his tt3Q2?f, Gardianus quinque portuum, Is a principal Eftate afterwards, until he attain to the Age of Magiftratc that hath the Jurifdiction of thofe Hafive and twenty Years, or he that hath the vens in the Eaft Part of England, which are comCharge of a frantiek Perfon during his Lunacy ; monly called The Cinqut-Ports, that is, the five wc uic only Gardian for both thefe And for the Ports or Havens; who there hath all that Jurifdibetter Undcrftanding of the Law in this Point, &ion that the Lord High Admiral of England hath we are to obfcrve, That a Tutor is either Tefia- in Places not exempt. And the Reafon why one mentarius, or a PrMore datus ex lege At'tlia; or laft- Magiftrate was affigned to fo few Havens, was, So we have three Sorts of Gardi- becaufe they, in refpect of their Situation, ancily, Legitimus. ans in England; one ordained by the Father in his ently required a more vigilant Care than other laft Will, another appointed by the Judge, the Havens, being nearer, and more obvious to Enefolt
2 5J:

Third caff upon the Minor by the Law and Cu(tomofthc Land Touching the Firft, a Man having Goods or Chattels, may appoint a Gardian to the Body or Perfon of his Child, by his laft Will and Teftamcnt, until he come to the Age of fourteen Years, and Co the Difpofing and Ordering his Eftate fo long as he thinks meet, which is commonly to one and twenty Years of Age. The lame he may do of Lands not holden in Capite, or in this by Knights-Service. But the ancient Law Cafe is very much altered by, the Statute of 13 " Where aCar. 2. cap. 14. which ordains, that, " Perfon hath, or (hall have any Child or ny " Children under the Age of twenty-one Years, " and not married at the Time of his Death, it " fhall be lawful for the Father of fuch Child or " Children, whether born at the Time of theDe" ceafe of the Father, or at that Time in ventre " fa Mere, or whether fuch Father be within the " Age of twenty-one Years, or of fnll Age, by, " Deed executed in his Life-Time, or by his laft " Will and Teftamcnt in Writing, in the Prc" fence of two or more credible Witneffes, to " difpofeoftheCuftody and Tuition of fuch Child tl or Children, for and during the Time, he, or " they, fhall remain under Age, or any lefler " Time, to any Perfon or Pcribns in Pofleflion or " Remainder, other than Popifli Recul'ants ; " and fuch Dilpofition fhall be good againft all " Pcrfons claiming fuch Child, as Gardian in " or othciwife, &c." But if the Father
:
.

by the Narrownefi of the Sea in thofe Cambdenin his Brit. tag. a38. faith, That the Romans, after they had fettled themfelves and their Empire here in England, appointed a Magiftratc or Governor over thofe Eaftern Parts, whom they called Comitem Uteris Saxonici per Britanniam, having another that did bear the fame Title on the oppofite Part of the Sea.whofe Office was to fortify and furnifh the Sea-Coafts with Munition againft the Incurfions and Robberies of the Barbarians ; and farther fignifieth his Opinion, Thar our Warden of the Cinque-Ports was firft erected among us, in Imitation of that Roman See Cinque-Ports. Polity. arocpne oe il'eflemarp, Anno it Car. 1. c. ij Warden of the Stannaries.
mies-,

Parts.

dens,

?fgiife, In Englifh Church-warare Officers chofen in every Parifh, to have the Care and Cuftody of the Church Goods ; and they may have an Action for the" Goods of the Church, and divers other Things they do for the Benefit of the Church. And by 43 El. e. a. They are to join with the Overfeers for making of Rates, and other Provifions for the Poor of the Parifh. (Bare, Anno 31 E. 3. c. 8. Is a coarfe Wool full of Hairs, fuch as groweth about the Pkzle or Shanks of Sheep. <23aruarate, to fpeak with a loud Voice: Sed

fl&ajpepne Del

Who

hac verborum deliramenta Francis innata,

fuperbia

Socage,

& jaBantia
.

Gargarando

reboavit.

Matt. Parif.

Anno

order no Gardian to his Child, the Ordinary may appoint one to manage his Goods and Chattels, tjji the Age of fourteen Years, at which Time he may choofe him another Gardian, accordingthe Civil Law he may his Curator ; for ly as by we all hold one Riile with the Civilians in this Cafe, and that is Invito Curator non datur. And for his Lands the next of Kin on that Side, by which the Land cometh not, fhall be Gardian, and was heretofore called Gardian in Socage. See more of the old Law in this Cafe. 28 E. 1. Stat.
J.

1252.
-

G&arianonum, Yarmouth. <3arim0 flublU*, the River Tart in Nor-

folk.

C5artofillj, But more truly GaryophyJli, Is that Sort of Spice wc call Cloves. There is a Refcrvation in a Charter of Hugh de Wygeton, of the Priory of Leominfler, anno 1283. in thefe Words, Salvo b&redibus meis poft decejfum meum una c/avo Gariofil.

in pr&diH. feflo fantti

Mich, pa omni fervitio fe-

rulari.

And

Fortefctte de laudibus

legum Ang. cap. 44.

2

(Pars

G A
dJarlantM Coronal*
,

G A

Chaplcr, a Coronet, a Garland. Edw- Barley Mil. Balnei. The Word alfo occur* an* vnlgariter Garlandu dicitur, in Fat. 17 E. 3. Pars I. Dorf. 27. Mar. Panf. an. 1247. rediwitus. CSarrcntp. Sec Warranty. <3arreiriA, A Warren. Johannes Epifopus Elfd3ameftlira, Garniture, Furniture, Provifion, Ammunition, and other Implements of War. enf. &Pc. Noveritis nos concejftjfe dileSo Servitori noom- Jlro Thorn* de Fardham Signijtcavit Soldanus Regi Francorum, ut fedatis efftcium cuJlodU garde Brandon in com. SufT. nibus civitatem Damiat* urn; [uflentumentis, au* gar- rennac Prout
lurea,

ncfturas vulgaris appellant, confultius rejtgnaret. Mat. alii cufiodes garrennac noJlr*,&c. dat. 12. Sept. 1421. Cartular. Eccl. Elyen. MS. penes Job. Epifc. NorPar. fub anno 1250, <S5arniamentum, Garnifh, Trimming, or any wic. MS. f. 50. C&arfumimirtr, A Fine or Amerciament. Sec way Adorning Cloaths, or wearing Apparel.
cuilibet eorum per annum tret ulnas teU unum Garniamcntum laneum quolibet anno.

noflr*

Et

-
is,

tt*

Dome/day

'tis

written in Spelman

Glojf.

Gerfu-

Mon. ma.
(Zftartfr,

Gtrterium, In French Jartier, i. Pewith us, both in divers Statutes warn the Heir. 27 El. c. 3. and otherwife, one cfpecial Garter, being the y CParnifbCP Is taken for the Party in whofc honourable Enfign of a great and noble Society Hands Money is attached, within the Liberties of Knights, called Knights of the Garter, and this of the City of London, fo ufed in the Sheriff of is x ' veo/\w, as being of all others the mod London's Court, becaufe ht>' has had Garnijbment excellent. This high Order, as appcarcth by or Warning not to pay the Money, but to Uix.Cambdcn 211. and many others, was firrt inthe Plaintiff- Credi- ftituted by the famous King Edward the Third, appear and anfwer tb in the 23d Year of his Reign, upon good Succefs tor's Suit. <2$arnifl)mrnt Cometh of the French Garnir, in a Skirmifli, wherein the King's Garter fas it is i. and in a legal Senfe intends a Warn- faid) was ufed for a Token 'Tis true, Polydore injlruere, given to one for his Appearance, for the bet- Virg. gives it a more flight Original, but his ing ter furnifliing of the Caufe and Court. For Ex- Grounds, by his own Confeflion, grew from the ample, One is fucd for the Detinue of certain vulgar Opinion ; however take it as it is. Edward Evidences and Charters, and faith, That the E- the Third, King of England (fays he) after he vidences were delivered ro him not only by the had obtained many great Victories, the Kings of Plaintiff, but another alfo, and therefore pray- France and Scotland being both Prifbners in the eth, that that other may be warned to plead Tower of London at one Time: King Henry of Cawith the Plaintiff , whether the Conditions fiile, the Baftard expulfcd, and Bon Pedro rcftored be performed, yea or no and in this Petition he by the Prince of Wales, did, upon no weighty is faid to pray Garnipment. New Book of Entries, Occalion, firlt erect this Order in 1 3 50. viz. He 212. col. 3. and Termes de la Ley, Cromp. fur. dancing with the Queen, and other Ladies of fol. 211. Which may be interpreted cither warn- the Court, took tip a Garter that happened ro fall fol. ing of that other, or elfc furnifliing of the Court from one of them, whereat fome of the Lords with Parties fnfficient throughly to determine the fmiling, the King faid, That ere it were long he Caufe, becaufe until he appear and join, the would make that Garter to be of high Reputation, Defendant is, as it were, out of the Court, and fliortly after inftitutcd this Order of the F. N. B. fol. 106. and the Court is not provided Blue Garter, which every Companion of the Orof all Parties to the Afiion. With this agrees der is bound daily to wear, being richly decked

Angl.

torn. a. p.

521.

CJ3anilfl>,

As to Garnijb the Heir, that

to

rifcelis;

fignifies

Britton, cap. 28. where he faith, That Contracts, svith Gold and precious Stones, and having theie I SO IT fbme be naked and fans Garnment, and fomc fur- Words fixt on ir, nifli'd, or (to ufe the literal. Signification of the Y PENSE, which is commonly thus interpretWord) apparelled, but a naked Contract, Nudum ed, Evil to him that Evil thinketh ; or rather PaHum, giveth no Aftion. And therefore it is thus, To him be it that Evil thinketh. Feme in his

HON

QUI MAL

ncceffary or needful, that every Obligation be Glory of Generojtty, fol. 120. agrees with Cambden, apparelled, which ought to be with thefe five and more particularly fets down the Victories by Sorts of Garnements, QPc. Howbeit it is generally which this Order was occafioned. will not ufed for a Warning in many Places, particularly (it being noncof our Work) infift upon the Caufe in Kithin, fol. 6. Garniper le Court, is to warn of its Beginning, [but leave you for the Search the Court ; and rcafbnable Garnijbment in the thereof to an ingenious and molt laborious Piece of fame Place intends reafbnablc Warning, and a- Work concerning rhis Marter, given to rhe World gain, fol. 283. and many other Authors. And in by Elias AJbmole Efquire,] bur how or whatever the Stat. 27 El. cap. 2. upon a Garnipment, or the Beginning was, rhe Order is inferior to none two NicbiUs returned, &c. But this may in the World, confiding of twenty-fix Martial a Metonymy of the Effect, and Heroical Nobles, whereof the King of Engwell be thought becaufe by the Warning of Parties, the Court is land is the Sovereign, and the rert be eirher Nofurnifhed and adorned. bles of rhe Realm, or Princes of orher Coun(Karniliarc, {Garniflum') a Furnifliing or Pro- tries, Friends and Allies of this Kingdom The

We

viding ;

Et

Jfodia
effe

WaUicorum cum Oweno Glyndourdwy,

de Mountgomer, Honour being fuch, as Emperors and Kings of in vadiis 24 hominum ibidem cu- other Nations have defircd, and exijlen. pro falva thankfully acdiHi Cajlri tempore InfurreBionis He that will read more, let him conRebellionis cepted.
Cajlri

G irnijlura

diverPrincipem Walli*, ex parte diaboli, ts Wallicis fibi adhtrentibus pro tempore, per ordinac. Hugonis Domini Burnet, Johannis Burley &" Thorn* Tonge, Jufliriar. Pads Comitat. Salop}*, V. Com-

& cum & fingente

ft

vcrfc with
forefaid

Mr. Cambden, Polydore, Feme, and the Mr. Apmole'% Books. The Ceremonies

Chapter proceeding to Election, of rhe and Robes, Inftallarion, and Vow 'with all other Obfervations, fee Mr, Segar'k Htfputus Joh. Seys Receptor. Dcnar. Domini Hen.' nor Military and Civil, lib. 2. cap. 9, f. 65. and Sociorum, 8cc. Anno 1 H. 4. Penes the fame Mr. AJbmole. Garter alfo fignificrh rhe Pcrccy Dd 1 Prinof the
'

Invcftiture

&

G A
Principal King of ralds, created by
pag. 584. Herald.

GA
Fifth, Stow,
cap. 33.

Arms among our Enilip HeKing Henry the

a.

^rgljeftfl)
i)is

TelDC

f
f)e

mgljcfifii

gtio, a
/.

/.

(^

and mentioned 14 Car.

Sec

SUere, er

become
ai iy

ijealccr,

<2$flrfl) Significrh a little Backfide or Clofe in the North of England. Alfo a Dam or Wear in a River, for the catching of Fifh, vulgarly call'd a Fijbgarth. It fecms to be an ancient Britip Word, for Gardd in that Language fignifies Garden, the two d's being liquified in the Pronuncia-

Has he not

fincc

Thing given, nor any

Thing paid, Then let him pay

/.

for his Were, ere he be-

come healder

again.
firft

tion like
2. cap. 9.

tb.

Other Copies have the and expounded,

Purr thus written

had of old feveral Kinds, Gavel-Corn, Gavel-Malt, much tending to this Purpofe, That by this Word the Lord fhall have the Land for the Oat-gavel, Gavel-Fodder, as you may read in Mr. Gavelet, Mr. S. in his 31 page Of Fab. Fhilips's Book, ftiled The Mifiaken Recompence, ccafing of the Tenant. the Hifiory of Gavel-kind, hath thefc Words, Et 40. And Taylor's Hifiory of Gavel-kind, pag. f. 39, 102. prjlea 'per quandam confuetudinem que, vocatur Gave26, 27, (Sartoprp, the fame with Wardwyte. Mon. 2. late, ufitatam in comitatu ifto, (viz. Kane.) de terTom. pag. 283. Et fint quieti defcira, de Hundredo, de ris Sp tenementis de Gavel-kind, pro redditibus fervitiis qua aretro fuerint de eifdem, per plures annos, Danegeldis, de blodwite &> Garwite, &V. aSalutls, A Governor of a County or City, devenerunt e&dem terra in manus cujufdam Abbatis, whofe Office was only temporary, and who had &>c. Now this Confuetudo de Gavelet (as he further adds) was not a Rent or Service, but betoJurifdi&ion over the Common People. Epifcopus &P Gaftaldi Angliam fpoliabant. Or- keneth a Rent or Service with.held, denied, or aliique Regis dencus Vitalis. Lib. 10. pag. 773. and in detained, caufing the Forfeiture of the Teneanother Place, viz- lib. 12. pag. 876. Volentes ment to the Lord; with which agrees the Lord where he fays, Gaveletum is as much as to quod tanta rabies Gaftaldorum fuper incolas graf- Coke, fay, to ceafe, or to let to pay the Rent. Brevi de faretur. <25atf, this Syllable in the Names of Places, gavcleto in London, eft breve de C.'ffavit in Biennia Way or Path, from the Sax. Geat, i. e. um, &c, pro redditu ibidem, quia tenementa fuerunt infignifies So that this Writ lay in London as Forta, for which Reafon it fometimes fignifies a dijiringibilia.

R. 2. Stat. 1. cap. 19. &> 17 R. iRigonofftl) pelo ? nigonEClj geio. ordained, That no fiperin Garthman pall ufe any Nets or Engines to defiroy the Try of one that Let him nine Times pay, and nine Times reFtp, Qfc. whereby it feems to intend owns an open Wear where Fifh are caught We pay. may haply derive it from the Scotch Word Gart, that fignifies compelled or enforced, becaufe the See hereof 10 H. 5. Fitz.. cejfavit 60. and the Fifh arc forced by the Wear to pal's in at a Loop, Statute of Gavelet, where it appeareth to be a Writ ufed in the Huftings at London. And Fieta where they are caught. It is ufed in other (HJaVjel Signifies Tribute, Toll, Cuftom, year- fays, Liberties, lib. 3. c. 55. or Revenue ; of which we In the CollcBion of Statutes, London 2. is Matter Rent,
(Btartbttian, 13
It is
:

ly

Payment

&

&

well as Kent. ancient Kind of <25atu-!gclD, That pays Tribute or Toll. In qua fohunt Gavelgeld BalliCejfavit ufed in Kent, where the Cuftom of Gavel- terra funt quinwe Tofta, Mon. Angl. Vol. 3. hind continucth, whereby the Tenant fhall forfeit vis Eborum. his Lands and Tenements to the Lord, of whom abeiljiac-D. Grex ad cenfum. he holdeth, if he withdraw from him his due aliellllgj^en, Tenants who paid a refcrved
Gate.
(Ka\)lft
Is

a fpecial and

&

abClbjeD, Corn, Rent, or Provifion of Bread, referved from the Tenant to be paid AUocantur per annum pre gavelbred ad the Country-Court holden) he fhall enter, and in Kind. dimid. In pane ad manure thofe Lands and Tenements as his own ; herdemet tres fumm* and if the Tenant come afterwards, and will re- gavelbred, de confuetudine arantium mcter.tium have his Tenements, and hold them as he did be- duas fummas. Somner of Gavcl-kind, pag. fore, let him make Agreement with the Lord ac-

Services, which is due after this ManIf any Tenant in Gavel-kind with-hold his Rents and Services, let the Lord feek by the Award of his Court from three Weeks to three Weeks, to find fome Diftrcfs upon the Tenement until the fourth Court, always with Witneffes ; and if within that Time he can find no Diftrefson that Tenement, whereby he may have Juftice of his Tenant, then at the fourth Court let it be awarded, that he take that Tenement into his Hand in the Name of a Diftrcfs ( as if it were an Ox or a Cow; and let him keep it a Year and a Day in his Hand without manuring: In which Time, if the Tenant come and pay his Arrearages, and make him reafonable Amends, let him re-enjoy it ; but if he come not in that Time, then let the Lord go to the next County-Court, with his Witneffes of his own Court, and pronounce there his Procefs ; and by the Award of his Court (after

Rent and

ner.

Rent, befides fome cuftomary Duties to be done by them. Aierizsbury reddit in gable [ex libras, in dono xx. fil. Gaveling-men funt ibi xii. quorum quilibet debet waretfare qualibet feptama-na dimidiam acram, &> predict i Gaveling-

men

debent cotldie
38. b.

operari

inter vincula

S. Petri

&

Feftum S. Michaelis, &c. Cartular. Abbat. Glafton

MS.

f.

(SaDfl^rtf, aforferth, The Duty or Work of ploughing fo much Earth, or Ground, done by the cuftomary Tenant for his Lord.
Item refpondet de
vel- herte.
quodlibet
3J

acris de confuetudine arandi,

Ga-

Item funt

ibi

rumenti, I

arabit unam dimidiam acram ad femtn &' feminabit, her.iabit, vocatur ijiud opus Gavelerth. Somner of Gavel-

quinque jstvera,

&

&

kind, p. 17.

&

&

cording as

it i^

anciently faid.

'

'

~i

G A
annual
in
eji,

G
Rent, or and
id
flic
it
'

A
;

(2vVi'flaitD, CPiltoClgiOJ", That yields Profit. ~Si arttem in

gavclgida^

gablum
cap. 6.

ret

becaufe the Kent/Jbmcn were nit corrquerca by the Idem Radulfus tenet unum tof- Normans: For St/gand, rtic Arcnbi'hop of C interc* non dat Gavplgcld. Mon. Angl. bury, and one Egelfine, an .\bbot, who com turn edthe Forces in that County, ordered cv. y Mill torn. 3. p- 155. I* uy Mr. Lambard in his Expofiti- to march with icfa flft.iuil feiilf Boughs in their Handi Saxon Wonh, vcrbo Terra de firipto, com they did, and met the Conqierorat S&tlnftfiib , o)i of pounded of three Saxon Words, Gyfe, Eal, Cyn ; where the Archbifhop and Abbot acquaint.! ,iim Omnibus cognatione proximis data. But Verfiegan in with their Refolution of ft.indmg and faffing in Calls it Defence of the Laws of their liis decayed Intelligence, c. 3.
30/0/. culpa judicetur.

reddentt domo pttgna fiat, vol in gebuLeges Inae Regis Wcft-

in Kent, To fhift Lund from whence c..ii Cuftom of Gavel kir.d. And die Reirlbn w.iy was rerain-d in Kent, at d no where clle, i,

Saxon,

fail,

that is, give to Gavel-kind* quafi, give all Kind, each Child his Part. But Taylor in his H'ficry of Ga Gavel-kind, would derive it from the Britilh a Hold or Tenure, and Cermee or Cennedb,
Generatio aut
fignify

llrfiitntion of

Country

imagining himlelf to be cncompaflTcd in a v\' granted rhattheyand their Pofterity Dnuld enIon' joy their Rights, Liberties, and Laws which, as particularly this o Gavelkind, c
;

familia,

and

fo Gavel-cenedb

Tenura

generationit, pag.

92,

&

might
But

nties to this

very Day.
>1

152.

<23abclm
Villani de

Isa Tenant

who is liable ro Tribute.

S.

whatever is the true Etymology, it ftgnirics in Law a Cuftom, whereby the Land of the Father Death among all his is equally divided at his divided Sons, or the Land of the Brother equally at his Death among all his Brethren, if he have no Iffue of his own. Kitchin, f. 107.
Teutonicis prifcis patrios fuccedit in agrot

Terrmg qui vocantur Gavclmanni.

Gavelkind, p. 13. <25atoelmeP, The

Grafs, or cutting Meadow-Land, required by the Lord from his cuftomary Tenant. Cfuetudo faiandl qux vocatur

Duty or Work of mowing of

Gavclmcd
Et
qua.

Sompro

ner of Gavelkind.
ftptimana

Append.
fiipula

dum fakatur

vo.atur

una Gavcl-

Mafula fiii pi
This Cuftom
is ftill

omnis ,ne foret nUa potent.

in

mcd.

ib.

CPabelcreff,

Javelins,

Dans, the

Force in divers Places of being the fame with fa, and fo derived from in Kent, UrcbenfielJ in faculum. Frijiones igitur ipfum Willhlmum England, but efpecially and elfewhere, though with fome tarn jaculis, que vulgariter Gavel occs appellant, Herefordjbire, Difference but by the Statute of 35 H. 8. c. 16. quorum maxime notitiam babent df ufum Mat. Par. fub anno 1 2 56". All Gavel kind Land in Wales arc made defcendi- hofiiViter infequttntur. blc to the Heirs, according to the Courfe of the (Baurlrcp, Bcdreap, or Duty of reaping at Common Law. Cambden in his Britannia, pa. 239. the Bid or command of the Lord. Deconfuefaith in exprefs Words, Cantiani ea lege Guliclmo tudine metendi 40 acrat &> dimidiam de Gavelryp in Normanno/e dcdiderunt,ut patrias covfaetudines UUfas Autumno 40. fol. 6. denar. Somnor of Gavelkind, retinerent, illamque imprimis quam Gavel-kind nomi- p. 19, 21. nant. He terre que eo nomine censentur, liberis mafcuajniaritlin, Wamagc, Plough-tackle, or ImThe fame with Gainagl lis ex equisportionibus dividuntur, vel feminis, fi maf- plements of Husbandry Ita quod nihil ex nunc re culi non fuerint, adding withal worth the Noting, um and Wainagium. viz. Hanc bereditatem cum quintumd'eimum annum manet in manu diHi Prioris in fuflentatlonem fui, nifi cuilibet vel -tantum gaymaria (Jegl gay nana) manerii prediSi attigerint, aieunt, & fine Domini (or.fenfu, Hac filii parentibus^cum proficuis prenominatis. Mon. Angl. Tom. 1. p. dando vel vendendo, alienare licet. dnmnatis in id genus fundi, &V. It appears by 60 3. fmrti 18 H. 6. c 3. that in thole Days there were not <3abflrip, fee Gavelrep. above thirty or forty Pcrfons in Kent that held (EiatoCtfefter, {Sa.x.)Sextarins vecTigalis ; (Cervifi* it was altered after- ficlllet fextarius Manerii vel pntdi't Domino ab ufujruby any other Tenure, but wards in much Land in that County, upon the Buariis cervifiam coquentibus, cenfus vel VeHtgalis noPetition of feveral Gem'cmen there, by a Sta- mine, pendendus,) is a certain Meafure of RentSec Lambard s Perambu- Ale. Among the Articles to be charged on the tute made 31 H- 8. c. 3. lation of Kent, Scmner's Difcourfc on this Sub- Stewards and Bailiffs of the Church of Canterbury's Vide etiam Manors, this of old was one, De Gavelfcfter s Hiftory of Gavelkind.] jet, [Taylor Termes de Ley, and Gavelet. In Mon. Ar.g. 2. par. cujujllbet bracinl braciati infra libertatem Maneriorum Dedi totam terram, v\t.. unam Lagenam Sf dimidiam Cervifi*. We may read thus, fol. 640. you may quam vendidit mibi Michael de Turnhetm ft ut fuum find it elfewhere under the Name, of Tclcefier liberum Gavilikind Stoikini, ad fur.dandam ibt thus, De Tolcefier cervifis, hoc efl, de quolibet Iracinope; In Gavelkind, though umtm annum lagenam de cervfia, and is without Domum Religlonis, Cfc. the Father be hanged, the Son fhall inherit; for difpute the fame. In lieu of which the Abbot of their Cuftom is, The Father to the Bough, Abingdon, of Cuftom, receives! that Penny menthe Son to the Plough. Dottcr and Student, ca. 10. tioned by Selden in his Dijfertation annexed to Co. on Lift. lib. 2. ca. 10. feit. 165. and Co. 9 RepJ Fleta, cap. 8. num. 3. and there (I believe) Cafe. Our Anceftors held their Lands mifprinted Colchefler Penny for Tokbefier Penny. Shelley's which were Nor differs it (I think) from what in the Ghftary, by Writing, or without. Thofe held by Writing were called Bockland, whofciat the End of H. 1. Lacs, is called Oak gavel Owners were Men whom we now call Freehold- Sax- DM. and fee Tolfefier. That which was held without Writing was Porcarius ad Cevfum. (SauClflna!!. ers. Oafoel'tofth {Sax.) was cither Manuopera by called FohlanJ, and the Owners were of fervile Condition, and were pofTeflcd ad vluntattTti Domi- the Pcrfon of the Tenant, or Carropera by his But the Inheritance or Freehold did not in Carts or Carriages. Mr. Phil of Purvcyan e. ni. thofc Days defcend to the cldcft Son, but to all '3al!i]iftun], A Gauge or Gauging, done by the alike ; which in Saxon was called Lande Scyftan, Gauge.it or or Gager. Liter* clauf* J J H. J- de
; :

Syllable

Ga

&

Deli-

G E
&

G E
&

&> fobchs MatricisDomus. Doliorum merfura gaugeto Mercatortim Burde-j Generatio, quaft proles Abba&> de gaugcatoris feodo, &> denarium prolQuxjlio prioratus inter Abbatem de Waverle gal. obolum nb emptore, fiP obolum a vendi- j tern Furncfu termimtur hoc modo, videlicet quod AbMo, foil tore. Mandettir per breve de Cane, quod omnia lignalbasde Furncfio habeat prioratum in tota gencratione de doliis vimrum fiant de eatero de reclo Gaugeto Eleemofynae inAnglia, 0? in gencratione Saviniaci tantum. Abbas autem Waverle habeat Rot. Pari. 35 Ed. I. of the true Anglieano. Eng-jiw Anglia tarn in congregationibus Abbatum lifli Gauge. \ prioratum ubique qua Comes of the tfuerint per Angliam, quam alias per ordin'em univeriltligeo? or dBager, Gaugeator, French Gauchir, i. in gyrum torquere ; and fignifies'/wwz. Annual. Waverl. 1*32. (J5enerale. The finglc Commons, or ordinary with us an Officer of the King's, appointed to examine all Tuns, Pipes, Hogfheads, Barrels, and Provifion of the Religious were called Generate, as Tenia's of Wine, Beer, Ale, Oil, Honey, But- their general Allowance, diftinguiflied from their of Allowance, before PietantU or Pittances, which upon extraordinary ter, and give them a Mark be fold in any Place. And becaufc this Occasions were added as Over-Commons. Athey Mark is a, Circle, made with an Iron Inftru- mong the Obfcrvance of the Cluniac Monks, they Generale appcllamus quod ment for that Purpofe ; it fecms that from thence are thus defcribed, he taketh his Name. Of this Office you may fingulis in ftngulis datur fcuteUis : Pietantla quod in And among the Cuftomsof the find many Statutes, the firft whereof is in 27 E. mafcutetia dmbus. commonly called the Statute of Provifton or Abbey of Glaftonbuty, we have this Account.
8. The others are 4 R. 2. cap. 1 8. 23 H. 6. 16. 1 R. 3. 13. 28 H. And laftly, 12 Car. 2. cap. 4. 14. May be thought to be the <Etairge*lJtnilJ> Fee, by Anno 23 H. 6. cap. 16. Gawger's (SaptjOUnD, a Hound which never caught Hare. fame with Wainagium. Ita quod <Eaj>tnaria, the nihil ex nunc remanet in manu ejus, nifi tantum Gaymaria Mar.erii praditli. Mon. Angl. Vol. 1.
3,

Purveyors, cap.

18

H.

6.

17.

In privatis diebus. videlicet, dominica die, die Martis, die Jovis, Sabbato, tria gencralia ad refeirionem habuerant Fratres, &P duas pietantias, ceteris vera die-

&

bus, fcilicet, feria fecunda, feria quarta,

generalia

&

&P fexta, duo

tres pietantias.

Chartular. Glafton.

MS.f.

10.

(Senprofa Seems of late to be a good Addition ; for if a Gentlewoman be named Spinfter in any Original Writ, Appeal or Indi&mcnt, flie may abate, and quam the fame. 2 Inll. fol.
J

f.

603. b. Qutre. <Bt ..fpecia. In a Charter of the Privileges of

66%.
dBentfta,

Broom.

Sec Jaun. Percipiant decimas

we agnorum, Ian*, lint, canapi, .Genefli. Thorn, New-Caftle upon Tyne, renewed Anno 30 EI. pag. read, viz* Sturgiones, BaUnas, Cetas, Porpecias, 2112. <3mtt$ alias JenetS. See Furr. e. Porpoifes,) Delphinos, Riggos, Geafpecias, (i. djjentlpnian, Generofus, Is an irregular JCom;. e. Grampois. of two Languages, the one from the <E5el3Urftir, dUeburfcipa, Neighbourhood, or pound French Gentil, that is , Honeftus, vel Diftrit. veljusjurandum inveniat adjoining honefto loco natus ; the other from the Saxon Mon, as if in quo repetentifatisfit; ft non tofftt, nominen ft pojfit, you The Italian followeth the tur ei fex homines de eadem geburfcipa, in qua fay, a Man well torn. ille Leges Edw. Confcf. c. 1. de Perju- very Word, calling thofe Gentilhuomini, whom eft.
.
;

riis, p. 2.

'

we call Gentlemen. The Spaniard keepeth the C3eburu#, A Country Neighbour, or Inhabi- Meaning, calling him Hidalgo or Hijo d'algo, that tant of the fame Geburefcip, or Village. Sax. Ge- is, the Son of fome Man, or of a Man of ReckThe French alfo call him Gentilhomme. oning hure, a Carl, Ploughman, or Farmer. <S5elf , Geldum, Among the Saxons fignified, pe- So that Gentlemen be thofe, whom their Blood cunia vel tributum, alio the Compensation for a and Race doth make noble and known In Greek Crime Hence, in our ancient Laws Wergeld was they are Ei/>si-, in Latin Nobiles. Smith de
:
:

reftdens

ufed for the Value of a Man (lain, and Orfgeld of a Bcaft. Et fnt quieti de Geldis, &DanegeIdis, &~- de Blodii'ita, &- Fitivita, &P Borngeldis &> Forgeldis, Flitwita, & Leirtvita &* Heinivita, Fremenefuda, &> Werd penny, & Aver-penny, Toling-penny. Charta Rich. 2. Priorat. de Hcrtland in Devon. Pat. 5 E. 4. part. 3. m. 1 3. Sec Glide. See Gildable. (Stlbablf. CPflltOfe Is a Saxon Word fignifying Conventus, an Aflcmbly 'Tis ufed in the Laws of Edward the Confejfor, cap. 3 5. for a Court, viz- Omnis homo pacem habeat eundo ad gemotum Ef rediens de geSec 71 dote. nioto, liift probata s fur fuerit.

&

Ang-

lib.

I.

& &

prifed all truly called Gentlemen

Under this Name are comabove Yeomen, fo that Noblemen be

cap. 10.
;

Rep.

(SlWattl, (Sax.) Rettius, Geneath ViUonus, VilL. Inx. MS. c. 19. Regis Ge- Years fince. Gentiles Firmarius. homines, fee in Tiraquel de Nobilitate, cap. 2. pag. 53. Cicero in his neath, i. e. ViUanus Regius.
Jieus,

but by the Courfe and Cuftom of England, Nobility is either Major or Minor; the greater contains all the Degrees from Knights upward, tha Lcfler, all from Barons downwards. Smith ubi fupra,- cap. 21. The Reafon of the Name may grow from this, that they obferve gentilitatem fuam, that is, the Race and Propagation of their Blood, by giving of Arms, which the common Sort neither doth, nor may do for by the Coat that a Gentleman giveth, he is known to be, or not to be defcended from thofe of his Name, that lived many Hundred
;

<I5enf ttltm.
lana,
lint,

Percipiant decimas agnorum,

of

this

Matter, fpeaks thus,

paftura, \\ ill. Thorn.

canabi, genc&i, cirporum pifcationum, fe eodem funt nomine ab Charta Joh. Arehiepifcopi Cant, apud nemo fervitutem 2
1 1

Tcpichs Gentiles funt qui inter ineenuis oriundi, ma-

quorum

Broom.

And in the firft Book of his Tufi. Qutfk. he calleth Tulius Hoftilius, one of the Kings of See IJfue. Cpeneral 3iHur. Rome, Gentilem fuum. Thcfe Words, gentilis hoC3enf ratio, When a Mother- Abbey or old Re mo, for a Gentleman, was adjudged a good Addihad fpread it felf into fevcral Co tion. Hill. 27 E. 3. The Addition of ligious Houfe Knight is Ionics or depending Cells, that Iffue or Off-fpring, ancient, but of Efquire or Gentleman rare before as it were, of the Mother-Monaftcry was called the Firft of H. f.e, j.See z.par.lnft. f. 595,^667.
7).

2.

Mr. Somner takes

jorum

it

for

fervivit, qui capite non funt

geni/la.

diminuti.

Where

GI
Where we read John Kinrfton made * II. Pat. 13 R. l. Part by King Rubard
(JJfnit,
/.

GI
Succeffit
1.
c.

e.

Generation.

Genu. Malmsb. lib. quinto CftfUUmia, North Wales.

flBrcuijc tffeMr,

4.

becaufe every one wai gildare, the Charge unu Support of the Company. And from thence come Etbtlbaldo Offa Guild-halls, that is, the Halls of the Society or Fraternity, where they meet and make Orders
is

Gentleman which
1.

To

pay

M-

15

i.

t.

to

pay

fortiething towards

and Laws among tlicmfelvcs. The Original was thus, viz.. It was a Law amongft the Saxons that Infix Shillings eight Pence in 1 H. 8. when by every Freeman of fourteen Years old mould find denture of the Mint one Pound weight of Gold Sureties to keep the Peace, or be committed was to bo coined into eighty-one George Nobles. whereupon certain Neighbours entered into ri Aflociation, and became bound for each other, Vid. Lovtnde'% Eflay upon Coins, pag. 41. (jVHUrtf, a Clown, or Villain. Gernobadatus. to produce him who commitred an Offence, or to which make Satisfaction to the injured Party Sec Grant.

Piece of Gold current at

Sumttus, pra- that they might the better do, they railed a Sum In ancient Charters it is tiled for an In- of Money among themfclves, which they miimi.) put income ; as Siiatis me A. pro tot libris. quas B. mib't to a common Stock ; and when one of their

dUerfuma, (Sax. Gxrfuma,

,

i.

c.

dedit

in

Gerfumam,

dedijfe,

comeffiffe,

&c. Some-

times for a Fine for a Fault ; as, Gerfumam capere de Nativa vefira impregnata fine licentia Vtftra, quod In Matth. Parif. it is written AU'itur Childwir. Gerloma. Datis Abbati tribits march aurl in Gcrfo-

ma
is

i- C Pro Fine. And in Scotland Grejfume. Sometimes 'tis taken for any Exaction or Demand ; as, Abfaue rctinentia cujuflibet confuetudinis five fervitii,

ant fxcularis' exaSionis. five alii-ujm Gc'rlumse, % Tom. pag. 973. Mon. Ang. Finable, or liable to be mulcted,

^rxfumariufi,

fined or amerced at Difcretion of the Lord. funt tres Cotfeles quorum quiliIn Berton parva bet operabitur femel in hebdomada &> metet in Autumno unam acram de blado biemali vel tres rodas order. Do-

minus babebit tres hederepes,fi voluerit, ad cibum futtm Omnes funt Gerfumniani ad voluntatem Domini Cartular. S. Edm. MS- f. 103. d5fiiniiUHt > Aflemblcd. A Lodging, or 'Stage Cfaff, (French Gift ) of Reft in a Journey or Progrcfs. As in the when the Gefts,(i- e. Progrefs ofE. 6. A. D. 1552. the Stages of his Majefty's Progrcfs) were alterentreated Cecil to fend ed, Archbifhop Cranmer
,

Pledges had committed an Offence, and was fled, then the other nine made Satisfaction out of this Stock by the Payment of Money, according to the Quality of the Offence. And becaufe this Aflociation confifted often Familcs it was called a Decennary : And from hence came our Fraternities. But as to the direct Time, when theft! Gilds had their Originc in England, there is nothing of Certainty to be found, fince they were in Ufe long before any formal Licences were granted to them for fuch Meetings. Edward the Third, in the Fourteenth of his Reign, granted Licence to the Men of Coventry to erect a Mer* chant's Gild, and a Fraternity of Brethren and Sifters, with a Matter or Warden, and that they might make Chantries, beftow Alms, do other

Works of

Piety,

and

conftitute

Ordinances

touching the lame, &V. So Henry the Fourth, in the fourth Year of his Reign, granted Licence to found a Gild of the Holy Crofs at Stratford upon Avon. See Antiquities of Warwickjijire, fol. 1 19, fip 522. Gild or Geld (according to Cambden) fignifics alfo a Tribute or Tax, and the Statutes of 47 Ed. ufed Gild3. Stat. 2. cap. 13. and II H. 7. cap. 9. him the new refolved upon Gefts, that he might able in the fame Scnfc with Taxable. Gild (accords from Time to Time know where his Majcfty was. ing to Crompton in his J-urifdiBlon, fol. r9t,)fignifies an Amercement, as Foot-geld ; and fol. 197. he Memor. Archbifhop Cranmer, p. 183. Strype <ii>rfla CE>iflUtn, Geft, Yeaft, Barm, for work- interprets it to be a Prcftation within the Forefl Ita quod or Ale. in thefe Words, To be quit of all manner of Gilds is Piftores poteing of Beer, to be in quolihet quartario lucrari tres to be difebarged of all manner of frint fie vendere, Preflations, denarios, exceptii brennio duobus panihus ad fur- made for gathering Sheafs of Corn, Lamb, and Wool, ale obolum, &* /q gefta obolum, to theUfe of in f The Word is alfo mentioned narium Forefters. gp in candela quadrant cm. Mat. Par. t fub anno in the Statute 15 Hen. 6. cap. 6. and 15 Car. 2,

&

&

a Compenfation or Mulct for a Eire'n. lib. 4. e. 14. p. 532 Fault, Quicquidin amore in alterum furatum habent From hence WertSi pacem quisUn duos Geldos componere faciat (Stttytoei'l) {Re&ius Grithbrtcbe.) ante medhcres Forefta, quod dicunt Gethbrech, geld is the Price of a Man, Orfgeld the Price of fregerit Conftitut. Canuti de Fo- Cattel, Angild the finglc Value of a Thing, Twiemetidet Regi decern folidis. There arc likewife many Sec Grithbreche. gild the double Value. rcfta, C. 18. CESetaunttia Is a Saxon Word, and it fignifies the Words which EndwithgeW, and which flicws the Publick Convention of the People to decide a fcveral Kinds of Payments, as Danege!d,Vadegeld SeCaufe. Et pax,quam Altermannus Regis inquinque negeld, Hornegeld, Sotgeld, Penigeld, and many burgorum Gewineda dabit, emendatur 12 libris. Leg. more. Etnclred. c. 1 . apud Brompton. dgilO or (fljuilO'lRentS, are Rents payable Leg. Ethelred, to the Crown by any Gild or Fraternity, or <3etoltnf(fa, Giving Evidence. fuch Rents as formerly belonged to religious c. 1. apud Brompton. (ZUifca aquae. Molendinum &> vivarium cum Gifta Gilds, and came to the Crown at the general Mon. Angl. 3. Par. The Stream of Water, Diffolution, ordered for Sale by the Stat. 22 Car. 'aqua:.
Gild
is

1202. (SettU $ fanta Is a

cap. 7.

^
alfo

Writ now out of Ufc. Lamb.

ut videtur.
<2>igmill0

2. c.

6.

and ufed for the Perching and Bur(JBtltiale (from the Sax. Gild, i. e. Solutio, of Woollen Cloth, prohibited Anno 5 Sp 6 celc, ale,) a Contribution, where every one paid ling Ed. 6. cap. 22. They were a Kind of Fulling- his Share. Sec Sothale. Mitts. Iloablf, or ObflDahle, {GeldabUii^ Tributary, a School. Cambden, that is, liable to pay Tax or Tribute. (Slgnartfl, calls the firft C5ll0, in Saxon, fignifics a Fraternity or Com- dividing Suffolk into three Pans, which pany, and conies from the Saxon Word Gildan, Gildable, becaufe liable to pay Tax, from

Were

iiimiii

the

G L
fix

GL

the other two Parts were exempt, becaufe Eccle- Latin Ranulpbus de GlanviUa. He died in Richard Donau. It is mentioned An. 27 Hen. 8. c. 26. the Firlt's Days, at the Siege of Acres, on the But I find Gildahle expounded in an old MS. to Coaft of Paleftine, being with him in his Voyage be that Land or Lordfliip which is Sub diftriBione to the Holy-Land. Plowden, fol. 368. Stowel's Curl* Vicecom. Sec 2 Par. Inft. fol. 701. Inquifitio Cafe. <01auea A Glaive, or Gleave, a Javelin, a Hand: capta apud Atherfton, &>c. 5 H. 5. per Sacram. Will. Dart. al. di.unt quod Johannes Peirs Quod cum vidiffet quifpiam de caftello &> qui Chefterftiire, qui tenet unum tenementum &* duo crofta cum fertin. in le adverfarium agnovijfet, tela gracili, quod Ganea (JegenGeldablc de Johanne Lite per quod fervitium ignorant, dum eft Glavca) dicitur eum jam cominus pofttum erexit crucem S. Johannis HierofoL fuper Domum juam, petiit, quo teftam capitis ipftus male nudati perforavit. ad habendum privilegium & libertat. Templar, de Bal- Gervas. Dorobern.y& an. 1144. in eo CBlatoatlCe O^e. Sec Plowden, f. 320. The Cafe Jtjade, quod teneret prad. tenementum fub Cruce of Mines. it prtejudiciumDom. Regis Qp contra formam Stat ti inde Bos vel <ffifleab;lanD, ( Gleba, ) Church-land. ed'iti, &c. MS. penes Gul. Dugdalc Ar. Jur. dicunt terra ad Charta Elredi Regis Eccleftam pertinens. quod Prior de Sempringham tenet tres Carucatas terra Ex Rot. Hundr. in Monaft. de Croiland, apud Ingulphum. Imprimis in S. CP non funt Geldabiles. totam infulam Croilandi<e pro Gleba Turr. Lond. de Anno 3 Ed. I. Line. Eccleftt, Qp pro Rot. Pip* 3. Johannis. Per- fitufeparali ejufdem Monaft erii Bono. (0ilfae aOUltennsE. Lyndewode fays, Gleba eft terra in qua confiftit Los Eccelfia ; gehaps ufed for adulterate Money. Qu. neraliter tamen fumitur kfijllfoalna ITtUtoriirtUlim was ufed for the Frapro folo vel pro terra culta. Mentioned in the Statute of 14 Car. 2. c. ternity of Eaftcrling Merchants in London, called 25. moft commonly take it for Land the Still-yard. An. 22 H. 8. c. 8. belonging of Lon- to a Pariflj-Church, befides the Tithe. Skene dBilu'i^all, The chief Hall of the City don, Gildarum nomine continentur non folum minores fays, The four Acres of Land, quhilk is given to the Fraternitates fodalitiajed ipfx etiam Civitatum com- Minifters of the Evangel in Scotland, is called ane the Learned Spelman. See Gleeb, the quhilkj fuld be free fra Payment of munities, fays any

&

We

&

Gild.

teinds.

of that City was, when the. Chief Lord in Fee could not be anfwered of the Rent due to him Countries, as Spain, Barbary, &c. The true Form out of his Tenement, and no Diftrefs could be whereof youihave expreffed in Gerard's Herbal, lib. there levied for the fame ; then the Lord came to be gar- to the Tenement, and there took a Turf or 1. c. 38. This is a Spice whofe Root is 1 bled. Stone, and brought the fame to the Court feven Jac. 19. <BirneIleo,quafi IBirneDeD, /. *. Denied. From Days fucccflivcly : And this was called Gleba, ib. the Sax. Wlrnan, Denegare. P. joOBlebariaj, Turfs, Pete, or combuftile Earth. dgtfarmfl, re&ius <l>uifarm?fl, {An. 13 Ed. iFrom the Lat. Bis In filvis, campis Stat. 3. cap. 6.) an Halbert. wis, femitis moris, Arma, becaufe it wounds on both Sides. A Kind glebariis, lapidibus, metagis, avibus, &>c. Mon. of Hand-ax, according to Skene. Fleta mifwrites Angl. torn 1. *. 290. it Si/arm 1, lib. I. c. 14. Eft armorum genus longo mafl&letoum, tec Clevum. e. a nubrio llfcptoa, porreBa cufpide. Spel. Fraternity or Company. Tri<SlaDiOlum, Sedge. Mar'tfcus profert Gladio- bulium collegium. In the Laws of King

<BUb>$&fUl,imt, (Gilda Mercatoria) was a certain Privilege or Liberty granted to Merchants, whereby they were enabled (among other Things) to hold certain Pleas of Land within their own Precinfts as King John granted Gildham Mercatoriam to the Bursites of Nottingham. See Gyltwite. <>:lttoite. CBingiT, Zingiber, Is a Spice well known, being the Root of a Plant, that groweth in hot
;

<0leba, dBIebam ferre. Anno 1335. Cuftos &> Magifter domus beau Maria, Magdalen* extra portam auftralem civitatis Exonienfts tulerunt glebam pro
redditu exeunte de

lem

civitatis prxdiBa, vocato

quodam gardino extra portam orientaMorley Shu/tejhay, gp hac

Gleba.
it

confuetudo vacatur

Exeter,

p. 48.

For

Izack's Antiquities of fcem the ancient Cuftom

&

*'.

lum,
1206.
.

cefpites

&>

alia

ignis pabula.

Mat.

Parif.

An.

is mentioned in our LaAuthors, and in the Norman Laws, and it fignifies a Supreme^ Jurifdi&ion. Cambden, in Bri-

(laDiUS {Jus Gladii)

tin

tania, writes, Comitatus Flint, pertinet ad Gladium And in Selden, Tit. of Honour, p. 640. Curiam fuam liberam de omnibus placitis, Cfc. Exceptis
Ce/lrid.
placitis

ad Gladium

ejus

pertinentibus.

And

'tis

probable from hence that at the Creation of an Earl, he is Gladio fuccinBus, to fignify that he had (Bmignafia, (fee Gignafia,) a School. Et ibi a Jurifdifiion over the County. See Pleas of the habuermnt Gnignafiam malignorum dogmatum.KnighSword.
dplairp, (Fr.) a
Staff.

Et diximm etiam omnibus hominibus qui noftram Glifciwam vadium dedit, ft contingat eum mori, omnis k congildo det unum panem co'mpanagium pro anima ejus. See Clevum and Glevum. <01ocefier. fomerells, i, e. Commiffaries appointed to hear the Differences between the Scholars and the Townfmen. In the Edict of Hugh Balfam, BiIhop of Ely. An. 1276". there is mentioned the Matter of the Glomerells.
c.
1

2.

we

Adelftan,

read.

in

&

ton.

(0!obe*G[ber, Money given to fome Servants Sword, Jhort Sword and by Cuftom to buy them Gloves as a Reward and Dagger, were th Weapons allowed the Par- Encouragement of their "Labours. Inter antiquas See Orig. JurifdiB. confuetudines Abbatia de SanHo Edmundo ties in a Trial by Combat. Ca* piunt etiam quidam ex prtdiBis fervientibus Glovefol. 79dBlanbil Was a learned Lawyer, and Chief filver in Fefto S. Petri ad vincula quorum h*c funt the Second's Juftice in Henry Days, who writ a nomina, Clericus Cellerarii ii. den. Armiger Cellerarii Book Of the Common Laws of England, which is the II. den. Grangiarius II. den. &c. vaccarius I. den. ancicnteft of any extant, touching that Subject. Ancilla 1. den. Ex Cartular. S. MS.
:

Sword

Alfo a Lance or Horfe-

man's

Gleyre, long

'

Staundf. pr*.

c.

1.

fol

5-

He was

Edmundi,

<

then called in

3*3-

G O
(Elptl
locis.

G O
miiliii

Signifies

Valley

in Domefd.ty

Affife or ufed fomctimes in a fpecial Significa- Jury of Countrymen or Good Neighbours. Skene de difmiffed the verbor. fignif. verb. Bona Patria. tion, as to go to God, is to be C5oolP, From the French G.ulel, or the Latin Court ; fo alfo is to go without Day. Brokt Tit. I. Sec Smith de Rep. Gula. In Anno 16 c> 1 7 Car. z. c. 11. is Breach Faylcr dc Records, num. in a Bank, or Sea-wall, or a Paflage worn by the AngU lib. 2. ft 13. nd Kitchiti, f. 193. That is, Sending to the Flux and Reflux of the Sea. Of
(JbO

000 lEeltf blOlir. Sec Good Abearing. 000 Country, Bona Patria, h an

UBOdtitlR

JWagaboiiOS,
7.

tlt>0?rr, ourr, and OOJ (from the Fr. Gtrt, with Goats i. e. a Wear,) Locus in fiuvio coarclatus, pifium cawithin the Forcft without efpecial Warrant. piendorum gratia. A Wear. // is recorded, That all Nota, That Capriolus non efl befiia venationis Forefl*. fuch Gorces, Mills, Wears, Stanks, Stakes, and Kiddles, which he levied and fit up in the Time of Munwood'j Forefl-Law, cap. 25. numb. 3. King Edward, the King's Grandfather, and after, (lEJOCairilUKI, Abergevenny. OD-tiOff, (Sax.) MulBa ex delitTis in Beam ad- whereby the Kings Ships and Boats be dijlurhed, that A Fine or Amerciament for they cannot pafs in fuch River as they were wont, fhall cbveniens. miffs An Ecclefia- be out and utterly pulled down, without being renewed. Crimes and Offences sgainft God Anno 25 Ed. 3. c. 4. Sir Edward Coke {on Littl. ftical or Church Vine. 5. b.) feems to derive it from <00*gilO, that which is offered to God. Gurges, a deep {ol. of Water, and calls it a Gors or Gulf. 'it Sec Delgovitia. (IPoDniunDljani. But Scolds and qu*re, if not a Miftake. For he ogitljjfioof, A Cuckingjlool for fays in Domefday it is called Gourt and In Burgo de Montgomery. Shrews. Gort, the very French Word in for a Wear. And I find in the Black Book of HereQui* per Objurgatrices &P Meretrices multa mala

Goal, 35 El. (oaCff,

'c.

No Man may common

fiabunt

Qudtres Gurgites in aqua de Monew earum hutefias attachiantur per hominei de Groffo monte: Where cum capt* Gurgites is ufed (though clamores. Igitur utimur de eifdem quod improperly) as a Latin de la Gogingftoolc, &> ibi Word for Gorces or Wears. fueriim, habeant judicium nudis pedibus <B0,'r, A fmall narrow Slip of Ground. fuis crinibus pandentibus 6P
videlicet
lites,

vil/a oriantur

pugrne, dijjimulationes, ford, fol. 20.

fife ac al'iA

&

mulu

inquietationes

per

&

viam

ab omnibus per I>u* rod* jacent juxta viamfcilicet le afpici poffint gores fuper fboteJecundum voluntatem Ballivorum forlong. Paroch. Antiq. p. 393. una acra &> dimidia jacent fimul ibidem, &> vocantur quinque gores, ib. nofirorum capitalium. tColOti, A Gullet, a Sink, a Paflagc for Wa- 532. una acra cum una gore. Ib. 534. See Mr. Kendifperfis

tanto tempore, ut

tranfeuntibus,

'

ter, Qfc.

Thomas

fuorum mundandi per fe

Concefjionem etiam quam idem net's Gloffary. de terris fuis terris tenentium (Bote. 23 H. 8. 5. fecit tarn liberorum quam nativorum, a Goldis fuppofe with more

610.

in locis de Alferton

A Ditch, Sluceor Gutter, I Eafe drawn from the Latin fuos fecundum confuetudinem Word Guttur, than the Saxon Geotan, that fi uniQp Norton ujitatam. Mon. Angl. fies, as one faith, Fundere.

&

&

Tom.

2.

p.

dgOlOa,

a Mine.
de
terris

ConceJJionem

mas
<Sio.

fecit

fuis

Goldis mundandis per fe

&

&

quam idem Thotenentium

2

terris

a
p.

(BoiwmoiB of tf) Cljrff at Chatham are certain Officers appointed to take Care of, and relieve the poor and maimed Seamen to
the King's Navy.
vent

fuos.

Mon.

Tom.

22

&

belonging

23 Car.

2.

AS

to

&c. dBOlotoiti?, vel (HSolotoitrh. In the Records of (E^aouate*, Graduati, Are fuch Scholars as the Tower there is Mention of Confuetudo Vocata have taken Degrees in an Univerfity. 1 Hen. Goldwith vel Goldwitch ;but no Explanation of it. 6.3. A Golden Mulft. Ideo qiure. q&jaDUO, i.e. a Year: The Epitaph of William dgoliarot (from the Fr. Gouland, a Glutton or the Conqueror in Ordericus Vitalis, lib. 8. greedy Feeder.) Ecclefi* Catholic* ordinis dignitati non modicum detrahentes, fe joculatores feu Gohardos ProfepUm Gradibus/* volverat atque duobus ant buffones, &c. MS. Decretal. Bonifacii Virginis in Gremiis Phcebus, dp hie obiit. faeiunt VIII. Univcrfitati Oxou. cap. De Vita & honeDifturbances of Seamen,

pre-

ftateClcricorum. <IE^afffr(Fr. Greffier, i. e. Scriba) fignifies a No'Tis menti- tary or Scrivener, and is ufed in the Stat. flBotrarruis, a Buffoon or Jeftcr. 5 H. 8. oned in Mat. Parif. Anno 1229. viz- Quidam fa- cap. I. C3;affi0, (fojapljio, <2>*abi0, an Earl, as Landmuli, vel illi quos folemus Goliardenfes appellare, verVide Selden ad Fletam, grave, a Magiftratc, a Judge, an Advocate fus ridLulos componebant. NecPrinceps nee Graffio hanc lenitatem prtfatam mupag. 524. Carta Kenulphi <25oOt> Ubeartng, Bonus gefius, Is, by a fpecial tare audeat. Regis Merciorum apud Signification, an exaft Carriage or Behaviour Mon. Angl. Tom. p. 100. or a Subjcft to the King and his Liege People, dBjaffuim, A Writing-Book, a Rcgiftcr, a whereunto Men upon their Evil Courle of Life, Licger-Book, or Cartulary of Deeds and EvidenFor ces. David Epifcopus or loofc Demeanor, arc fometimes bound Menevenfis, Sanffo Tlioma as Lambard in his Eirenarcba, lib. 2. c. 2. faith, Archiepifcopo in exiHum detrufo, a Cujlodibus
1

He

that is bound to this, is than to the Peace ; for the

more ftritly bound, Peace is not broken

Capitate

ftgillum abf}ulit,&>

without an Affray, but this Surety de bono ge flu may be forfeited by the Number of a Man's Company, or by his or their Weapons or HarWhereof fee more in that learned Wrinefs.
ter in the

fame Chapter,
1

as alfo in Crom.

fuft. of

quod Graffium Annal. Ecclef. appellatur. Menevenfis apud Angl. Sacr. P. 1. p. 653. A Gradual 452BVe, <0;aoa(p, or <fc?aba|p. or Book containing fome of the Offices of the Roman Church. Gradale, fays Linwood, fie ditfum a gradalibus in tali libra contentis, Provincial. Aug.
poffefftonum
lib.

Librum

Peace,

fol.

10,

120,

121, 122,

123, 124,

125,

3.

The Word
6-

is

126, 127.

542.

Ec

and 37 H.

32.

mentioned in Plowden, fol. It is fometimes taken for

a

G R
a Mafs-Book, or Part of it inftituted by Pope CeleAnno 432. according to Cotgrave. fline, In d>:am, The 24th Part of a Penny- Weight. nominatur Sterhngus, 51 H. 3. Denarius Anglia qui duo grana rotundus fine tonfura fonderabit triginta Thefc thirty-two Grains frumenti in medio fpic*. in the Middle of the Ear of Corn are the natural Grains, which for the better Accommodation of Accounts, are now reduced to 24 artificial

G R
&
Tithes, Qpc. Or made by fuch Perfons as cannot give but by Deed, as the King, and all Bodies Politick, which Differences are often in Speech neglected, and then it is taken generally for cvery Gift whatfoever, made of any Thing by any Perfon ; and he that granteth is named the Grantor, and he to whom it is made, the Grantee. Weft.
Symbol, part 1. lib. 2. feB. 334. Thing is faid to lie in Grant, which cannot be affigned without Deed. Coke, lib. Lincoln College 3. fol. 63.

Grains.
(l&isn?,

Shrubs or
2

Bullies.

De Grana

unius a-

Cafe.

(i&^ant, A Devil, a Speftre, an Apparition, fo and Magna Af- called by our Fore-Fathers, and thus defcribed by our Countryman Gervafe ofTilbury, in his MS. fifa.' Trar. De Otiis Imperialibus : Lib. ^il!lO Cape. Sec Cape and Attachment. 3. cap. 64. Eft (jailO iDaps Are thofe in every Term fo- inAnglia quoddam Dtmonum genus, quodfuo idiomate in the Inns of Court and Chancery, Grant nominatur, ad lemnly kept inftar pulii equini annhuli, ticr*.

Mon.

Tom.

p.

453. See Grava.

Affife,

(SirtUD

2&fftfe.

See

viz.

In
St.

Eafler-Term,

Term

John

All-Saints Day, in

quotiens apparet, futumm in urbe ilia, vel vico, portendit incendium. ergo Candlemascalled of our Lady, commonly fequente die vel noBe inftat periculum, in plateis, difno Days in curfu faBo, canes Day. And thefe are Dies von Juridici, provocat ad latrandum, &> dum fu-

in Trinity- biis ereBum, oculis fcintillantibus. Iftud D&monum in Michaelmas-Term genus f&pifftme Baptiji's Day, comparet in plateis in ipfius dieifervore, (and of late All-Souls Day) and aut circa folem occiduum, &

Afenfion-Day,

Hillary-Term

the

Fcaft

of the Purification

Cum

Court.

gam
ittrffff,

fibzailft

Magna

diftriBio,

Is

fo called

ftrefs.

for Quality and Extent thereof, for thereby ignis cuftodia cautelam facit, &>fic officiofum d&monum the Sheriff is commanded. Quod dijlringat tenen- genus, dum afpicientes terret, fuo adventu munire ad ea manum I wifh, fome tem, ita quod ipfe nee aliquis per ipfum ignorantes folet. ingenious Citihabuerit aliud prtceptum, &> quod de zen of York would apponat, donee enquire into the Appearances exhibits eorundem nobis respondeat, quod habeat cor- and Effc&s of the Bar Gueft, or Apparition &c. This Writ lies in two Cafes, either which is faid to haunt the Streets of that pus ejus, when the Tenant or Defendant is attached and. Place ; and compare it with the Grant before lb returned, and appears not, but makes Default; defcribed. then a Grand Dijlrefs is to be awarded : Or elfe (SJanf}, for Grandees, or great Men, in the when the Tenant or Defendant hath once ap- Pari. Roll of 6 E. 3. n. J, 6. Et les ditz Countz, makes Default, then this Writ ipeared, and after autre Grants. Which Word is mifBarons, the Common Law in lieu of a Petit Cape, tranflated lies by by fome Authors to fignify Com2 par. Inft.fol. 254. 51 H. 3. c. 9. Wefim. 1. cap. mons. c. See Di69. fsB. penult. 44. and Fleta lib. 2. d52af0<igfarth, Grafing, or turning up the

fimulat, fequentes canos ad infequendum fpe vana confequendi invitat : Hujufmodi iUufio convicaneis de

&

&

(0^anO j>eWantp.
ty.

See Chivalry and Serjean-

Earth with a Plough,

as

we

ftill

fay the Skin

<02ange, Grangia,
ly

where Corn

is

but alfo Stables for Horfcs, Stalls for Oxen, Sties for Hogs, and other Things neceffary And by the Grant of a Grange for Husbandry fuch Places will pals. Provinc Ar.gl. lib. 2. tit. de Item Omnis. Judiciis, cap. The Granger, or Grange-Keeper, an do-all CJETU8, Officer belonging to religious Houfcs, who was to dEjatoa, A Grove, a Coppice, a Thicket, a Salva nobis Succ. look after their Grange or Farm in their own fmall Wood. noftris una Hands. Grangcrus, qui ejl unus Servier.tum de grava continente circiter duas acras bofci jacente iuxta collatio fpeBat ad Abbatem, debet effe bofcum noftrum in Baljbam, &>c. Cart. Philippi Epi' feodo cujus officii & ibi in omnibus commodo Ellen, dat. 17 OSober 1435. Dedi cis unam Grain curia Grangiarum Ex Cartular. S. Edmundi. vam, quit dicitur Birzhcombe, &> licentiam circumCellerarii intendere MS. fol. 323. He was otherwife called Grangia- claudendi, &c. Mon. Angl. 1 Par. f. 262. a. T7rius, and in this he differed from the Granatarius, nam Carucatam terr* cum Gravis &> pafturis eidem Ibid. f. 198. a. Sir Edward Coke, 1 that this later was Keeper of the Granary or pertinen. Inft. Corn-Chamber in a religious Houfe, the other fol. 4. b. fays it fignifics a little Wood ; and accounted for the Profits of a Country Grange. Camhden agrees in it But elfewhcre I find it to And therefore it was cxprefly provided that the fignify a thick Wood of high Trees, a Grove. fame Perfon fhould not execute both Offices. Dugd. Warwick^'tre, f. 503. b. And Greve in Old Nee fuftineatur quod Prapofitus fit Granatarius & Englijl) fignify 'd a Bum. Sea Grana; fee likewife Mr. Rennet's Gloffary. Grangarius fimul. Fleta,!. 2. c. 12. fet. 1. (gtabare and HE^atoafin, an Accufation or ImtujMngiaruiS is he who has the Care of Places for all Manner of Husbandry. Sec Grange and peachment. Sec Cravare. Et qui permanet fine Gravatione &" Calumnia. Leg. Ethelred. cap. Grangerus. a Gift in Writing of I0 dBjanr. Conceffto, Signifies fuch a Thing as cannot aptly be paffed or conMon. 2 Tom. p. 260. (iiabaria for Granaria. veyed by Word only, as Rent, Rcverfion, Ser- Ego, &c. concede Ecclefiam iftam liberam ab omni vices, Advowfons in grofs, Common in grofs, confuetudine Gra variorum &> Bernagiorum, &c.
naries,
:

&c

a Houfe or Farm, not on laid up, as Barns be, and GraIs

grafes on any Place, when it gently turns up the Surface of what it ftrikes upon. Hence the Cuftomary Service for the inferior Tenants to bring their Ploughs, and do one Day's Work for their Lord, was within the Parifli of Amerfden in the County of Oxford, called Grafs-hearth, and Grafs-hurt. See Parochial Antiquities, p. 496, 497. and Mr. Rennet's Gloffary annexed to that Work.
is

grafed or flight] y hurt,

and a Bullet

&

d&^abf,

G R
dPjrttif ,

GR
ipjius Priori),
;

the

Names of

come from the

or Thicket, Den, or Gave. See Frod<*5;iftjfl0lf, Sedtspacis, A SanSuary. vf^awU'H, Grana Paradifi, alias Cardamomum, mortell. Is a Spice mcdicinablc and wholefomc, whereof <irtre, by 37 E. 3. 5. Were Merchants that you may fee divers Kinds in Gerrard's Herbal, lib. cngroflcdall Mcrchandife vendible but now it is Thefcarc comprifed among Mcrchan- a particular and well known Trade, incorporated 3. c. 148. into a difc to be garbled by 1 J*c, 19. Company which is one of rhc Twelve, and (Bitar then Arc fomctimes underftood of the have a very handfome Hall, from them ftilcd Temporal Lords in the higher Houfe of Parlia- Groiers-Hall. C3;onna, A deep hollow Pit ; a Bog, a miry ment, as 4; E. 3- c. 2. and 8 R. 2. in Procem. and fomctimes of the Members of the Houfc of Com- Place fc> in Ipflus Haroldi
corpus
effo'.lere,

Places ending in Grave qui frangunt pacem Regis vel libertatii Sax. Grtf, i. e. a Wood, Grove, Ex Reg. Pnorat. de Cokcsford.

mons, as

2 R. 2. Stat. 2. in principio.

gronnam

projkere

jufftt.

Roger Hovcdcn,

So Gtunna, in the Life of Saint Shidan zratlv^biencl) or ftUrfatosujcarl?, Is intended 438. for a Breaking of the Peace by Saxton, in his De- Bifhop of Fern in Ireland. Num. 10. Erat auttm fection of England, and Rajlal, Tit. Expofition of magna gronna inter eosJL.\.filvarum,per cujus circuilum Words, but miftaken for Grithbrecb. See Gritb via erat. brech. d&joom, Vallettus, 33 H. 8. cap. 10. Is the <&i(F Come'h of the French Word Gre, that is Name of a Servant in fomc inferior Place. VeGood-liking, and in Law fignifics Contentment or jlegan in his Reftitution of decayed Intelligence, faith, Satisfa&ion, as in 2 R. 2. tap. 15. To make Gree That he findetn it to have been in Times pad a to the Parties, is to give them Contentment or Name for Youths, who albeit they ferved, yet So were they inferior to Men Servants, and were Satisfaction for an Offence done unto them. fomctimes fent on Foot on Errants, That Judgment Jball be put in 25 E. 3. cap. 19. ferving in in difpence, till Gree be made to the King of his fuch Manner as Lackies do now. See Agreement. Debt. d&jeffa, A Groat. Conceffa eft Regi una groffa, qu continet quatuor denarios de quoUbet viro gr muli^Pfd^ClOtll. Sec Counting Houfe. Manwood's ere. Henry Knyghton, fub an. 1378. <IB;t'rnl)Eto Is all one with Vert. c. 6. num. 5. See Vert. (J&OflV, In Groffe, Abfolute, Independent ; as Forefi-La<w, (ip;e?tl ^DlltJpr, Argentum Viride, By Cuftom in formerly a Villain in groffe, was fuch a fcrvile the Manner of Writtle in Effex, every Tenant Perfon, as was not appendant or annexed to the having his Fore Door opening to Greenbury, pays Land or Manor, and to go along with the Tenure a Half-penny yearly to the Lord of the Manor, as an Appertinancc of it: But was like the other pcrfonal Goods and Chattels of his Lord, at his by the Name of Green Silver. (Blten Ulai" Is a Word ufed in 42 E. 3. 9. and Lord's free Pleafure and Difpofal. So Advowfon in groffe diftinguifhed from Advowfon 7 H. 4. 3. and fignifics the Eftreats of Fines, Ifappenfues and Amerciaments in the Exchequer, under dant. the Seal of that Court made in Green Wax, to be Cfyoffe boiB Is great Wood, and properly fignifics fuch Wood as is either levyed in the County. See Foreign Appoferby the Common Law or Cuftom of the County, Timber. 2 tar. <ff^effumr See Gerfuma. r <&it\)&. The Sea Shore, or Sand, or Beach. Inf. fol. 642. in greva maris Novem acras metfurat as per(B^offOtne Signifies a Ene, and is corrupted tica 20 pedum ad falinas faciendas. Mon. Angl. from Gerfum. For Plow. fol. 271. faith Etle

pag.

Tom.

2. p.

625.
Is

ilt J-

K. grant
dit
tiles
;

thus,

per

mefme

le

<85,Kl)f, Prtpefitus,

Word

of Power and

fine dele

Authority, fignrfying as

Lamb, bo PrtieBM, makes

comes.

as Comes, or Vicein his Expofition of Saxon Words, vcrit

all

much

Milk

de

Groflomc

part, pofter. annal.

immeLand, Lord For an AdRight of Patronage not quod jure debeat Grith, i. pacem ex illis facere qui patriot i. vel malum. From annexed to the Fee or Manor, but it bclonginferunt v&, miferiam eth to the Patron himfelf, diftinft from the whence, but with lefs Power and Dignity, is derived the Word Reve, Bailiff, or Under-Of- Manor. <2KOUn0ap,e is a Tribute paid for the Ground on ficcr of the Lord of a Manor. which a Ship ftands in a Port.
belong
f.

one with* Reve. The is Gerefa, of which wc have divers Saxon VjMrd Word^Tcompoundcd, as Sbyreve, Pcrtreve, &V. whi(/h, by rhc Saxons, were Written Siyrepn-rfa, See Shireeve and Portgreve. Hovedon, Poxtgcrefa.
346. faith, Greve dicitur,
idea

Abfque aliquo Greflamc vel fine pro prtmiffts folvend. See Gerfuma. (SfiOffue, i. t. a Thing entire, not depending on another. Thus Vtllanus in Groffo was a Servant which did not to the but
diately to the Perfon of the vowfon in Groffe is a"
:

terme de 10. ou le value de eux en argent en nofme de and info/. 28 5. it is written Greffame.

a payer en la Ans al dit W. N. deze

indenture

(Pjfbes,

i.e.

Iron Boots.

dfcifalDof . Sec Grithhreche : thtras baud focam

Habet Rex

^OUllOflal.
Forisfa-

See

Pelf.

(ZfrOtom,
is

Gribridgc

Foriflel.

per

&>

(^Otott) $a[f*PPnnp, A Rate paid in fome Places for Tithe of every fat Beaft, Ox, or other a Skin of a Bcaft very rich. Nunc <0:!ft'Um, unfruitful Cattel. Clayton's Rep. p. 92. non folum fcarlatocum vario Grifio, etiam purpura fed Cf.ZUani, Derived from the French
Fifh. Byjfo vefliuntur.

Gale, 760. i&plB, {Anno 22 Ed. 4,

Domefday, an Engine
woven.

By 43

to ftretch

E. 3. cap. 10. Seems to be Woollen Cloth with after it

cap. 4.)

a Kind of fmall

Du

Cange.

fignifies

of the Peace, In

mi Conq.

d>tl)b^eCl),(Pfw fraSio feu caufis Regiis Grithbrcch loafol. emendabit. Leg. H. 1,^.36. Charta Williel-

violatio) Is

a Breach Foreft

of

generally the principal

Gruyer, Officers of the

Records.

whom you may

read

in the Forcft

Ecclef. fanili Gritbbreche, i. c. Quod

Pauli Prior

in

Hifl. ejufd. fol. 90. tenebit Placita de illis

d&Uta, Gruel, Broth, Pottage. In the Accounts of the Cathedral Church of St. Paul in London, about 5 Ed. IL Summa frumenti adpanem Ec a
iS;

G U
'85. quarter. Summa frumenti ad grutam 135. Summa ordei ad grutam 135. quarter. quarter. Ex Libro Statut. Eccl. Paulinas. MS. f. 73.

G
J-ac.

W
garbled, as appeareth

Sea, that are Drugs to be by the Statute 1 19.

CBunifus, dPutnpljU.s. The Hook upon which the Hinge turns. In granario cooperiendo xxvi. (Bjunna. See Gronna. CBuaDage or d5ui0aijf, {Guadagium <oel Guidagi- fol. x. den. In oftiis eidem faciendis cum gumfis fie m) Eft quod datur alicui, ut tuto conducatur per ter- vertinellis ('. e. with Hook and Hinges) vii. fol. rain alterius : That which is fol given for fafe Con- Udenar. Computus Domus de Farendon. MS. J du& through unknown Ways, or a ftrange Terri- 18. Sir Edtu. Coke calls this an old legal Word. tory. <J5u(f, Hofpes, Is ufed by Bra&on for.a Stranger 2 Inft. or Gueft, that lodges with us the fecond f. 526". Night. Lib. 3. trail. 2. C&ualDum. See Waldum. In St. Edw. Laws, pubcap. 10. lished by Lamb. num. Of (Buannagtlim. See Wannage. 27. it is written Geft. this fee more in Uncouth. Sec Aglftors. (Bueff*tafcera or ilMafeer*. lead <B\lti, (Both!, and (Bofti, (called fometimes (HJurtiprjr, they are fo called becaufe they Fifli to the Net. Anno 1 Jac. cap. 23. Sec Con- Juu, by the Romans GeU, and by the English Goths ; 'tis derived from the old Word ders. J&t, which Signifies a Giant) were one of thofe three See Weregild. (Z5lH0^igi!t. Nations or People who left See Gild, (Built). Germany, and came (Sutltia for Gualda, viz. Edricus eognomento Guil- to inhabit this Ifland. In Leg. Ed<w. Conjeffor, cap. da, i. e. fyhaticus. 35. we read, Gutti vera ftmilittr, cum veniunt, fufcipi debent C&uilMjalDa Cufonitojutti. See Gild. protegi in ifto regno, ftcut conjuratifratres, C5uine8siS>eiipfr, Piper de Guinnea, Is other- jicut propinqui, @Pe. wife called Indian Pepper, from the Place whence it (Sutta, The Gout. Anno 1287. Quidam incometh ; the Nature, and farther Defcription firmitate quam Medici guttam vocant vexabatur, ut whereof you have in Gerrard s Herbal, lib.z. c. 66. nee pedes nee mantis abfque dolore gravifftmo movere This is mentioned among Drugs and Spices to be poffit. Liber de miraculis Tho. de Cantilupo garbled, by 1 foe. 19. Epifcopi Hereford. MS. penes Willielmum Glynne Ule Of "ua.Uff, (Gula Augufti. Weft. 2. cap 30. Baronettum. 27 E. 3. Stat. 3. cap. unico F. N- B. fol. 62. alias CPuttera, A Gutter or Spout to convey the Goule de Auguft. And Plowden, fol. 316. Cafe of Water from the Leads and Roofs of Churches Mines) is the very Day of St. Peter advincula,v/hich Cuftos operis poft ftngulas magnas pluvias was wont to be, and is ftill celebrated upon the faciat fcrutari voltas fuperiores Ecclcfi*,&' tunc fimiAnd in Probability called The liter mundari faciat deambulatoria fuperiora circa Ecfirft of Auguft. Gule of Auguft, from gula a Throat. The Reafon cleftam exterius, ut pluvia liberum ftuxum habeat per we have in Durand's Rationale Divinorum, lib. 7. gutteras, nee amplius, &c. Liber Statutorum Eccl. cap. de faBo fanBi Petri ad vincula, where he faith, Paulinas London. MS. f. 41. a. That one Quirinus a Tribune having a Daughter <i>utrrr*ri.'e alias (Hoimitttie, Is a Tile made that had a Difeafe in her Throat, went to Ale- three corner-wife, cfpecially to be laid in Gutters, xander, then Pope of Rome, the Sixth from St. and at the Corners of tiled Houfes and Dove-houfes, Peter, and defircd of him to borrow, or fee the 1 7 E. 4. 4. Chains that St. Peter was chained with under NeU3ate*nrciMrO Is a Britljb Word, Signifying ro ; which Requcft obtained, his faid Daughter a Fine made to Some Lords of Manors upon the Dif- Marriage of their Tenants killing the faid Chain, was cured of her Daughters, or othereafe, and Quirinus with his family baptized. Tunc wife upon their committing Incontinency. See diBus Alexander Papa, faith Durand, hoc feftum in Marchet and Lairwite.

&

Calendit Augufti celebrandum inftituit,

&

in honorem

beati Petri Ecclejiam in urbe fabricavit, ubi ipfa vincula repofuit, & ad vincula nominavit, & Calendis

tem.

Mnibus
Noveritis

Jacobus Baskervile Miles Do-

minus Manerii de

In qua feftivitate populus ilie ipfa Augufti vincula hodie ofculatur. So that this Day that before was only called The Calends of Auguft, was upon this Occafion termed indifferently either of the Inftrument that wrought the Miracle, St. Peter's Day ad vincula ; or of that Part of the Maid whereon the Miracle was wrought, the Gule of Auguft. Sec Hofpinian de origine feftorum, fol. 85. Averagium tftivale fieri debet inter HockDay &> gulam Augufti : Rentale Manerii Regalis
dedicavit.

me prtfatam \Jacobum
afftgn. fuis

Irjley

(Com. Hercf.)

falu-

quibufdam Serviciis aut quod pncditJus Johannes prtdiBo Manerio, qua fervitia aut redditus fequuntur, viz. Moch-mefivryc, otherwifc called Maflftvine. Gviarthegan Claimai, otherwife called Cowyeld. Civabr-merched, otherwife called
in redditibus exeunt, de tenemento tenet de me in

hanni ap John Htred. &> lum, &>c. quodhabeo de &>

Jototum jus,tituremiftjfe

de

Wye.

CBulOum, Taxation, or pecuniary Imposition &c. in pradiBis ferviciis in futur. habere poterimus, Abbas & conventus funt quieti de efchapiis jus, &c. Dat. 16 Oft. 4. Ed. 6. Penes Joh. Stead bobus, de diffeijina, guldis, theoloniis, &c. Gen. latrcnum,
Cartular. Galfton.
<E5ulttt>it

Arian-Tthen, otherwise called Ox-Silver. Gwafanethen, otherwifc called Work-Silver. And DeiUad-Moor, otherwife called Tenant in Meor. Ita quod nee ego pr&diB. Jac. nee h*redes mei aliquod

Lairwite.

MS. f.
in

Si. a.

Is

an Amends
his

for
it

Trcfpafs,

ac-

cording to
cap.
1 1.

Saxton,

Defcription of England,

(Jgitoalffoto, (Gtvalftowum from the e. Patibulum, and Stow, Locus) Locus

Sax. Gwal, Patibulifeu

occidendorum
1.

But we may fuppofc

miftaken for occidendorum.

loca, totaliter

Omnia Gwalftowa,

id

is found either Gyltwit, becaufe no fuch Word in Spelman's Gloffary, the Saxon DiSionary, or an-

eft

Regis funt in focafua.

LL. Hen.

cap. 11.

(ffifoawf, WAsiff Waivium, They were properly fuch Goods, as Felons or Thieves when out of Trees, and hardned by the Sun. Of purfued , caft down and left in the Highthele there be divers Sorts brought from beyond way, which became a Forfeiture to the King or

cient Records.

d3um

Is

clammy or tough Liquor

ifluing

Lord

unlcCs the right Owner did dum were not. Co. vol. 1. fol. $5. Buckler' t Cafe. claim them within one Year and a Day. Sec Vfe. legally l>omii^aornffi* homines. In * Charter of Cenulh Recognition eft Militihut Qp liberis nibus, quod ad nosfpellat It Gwayf, &>e. it* ftatim King of the Mercians, anno 811. Nee Rex fuum diredditum nobis le Gwayf de Ernirot, filicet duo pajlum reqiiirat, vel Habcntcs homines, quos nos

Lord of the Manor,

&

eji

\6. cimus Fiftingmcn, nee eos qui auipitrei portant vel See fahones. Mon. Angl. Tom. 1. fag. 100. Du Frefne fays, They arc no more than Divites, rich Men. Waif and Stay. (JJpinuf. It was found by Inquifition upon an But no doubt the Word implies a ftrittcr Scnfc, Ad quod Damnum, 13 Ed. 3. n. 12. that there and did import cither the King's Guard or Retidid belong to the Liberty or Hundred of PaMezv, nue, who were at the King's Plcafurc to be in Com. War. a certain Court called Gylput held Feafling-men, or plentifully entertained at the fo cal- Houfcs of his Tenants Or rather thofc old Serevery three Weeks ; but why or whence vants who were commended to the Religious by led, Q"*re. PiflDlff, Habeat^ue ipfe Epifcopus(.fc. the King, undfofafined on them for Corrodicsor Ofwaldus Ep. Weorgeccaftrc,) omnefque fui fuccef- Maintenance for Life. Or perhaps only the debita tranfgreffionum Pledges and Sureties, or Friborghs, who under fores ibi ad jus Ecclefiajiicum, nos dicimus Oferfc cnelTe, their Chief or Principal the Tirhing-Man, were poena m ctliBorum, qui, &* Gyld Wide, &P omnia quacunque Rex in fuis to keep the King's Peace, and be accountable for Hundreds habet. Ex ipfo Autographo Eadgari the Breach of it. the Angular Number fignifics Iltobfufia In Regis Dat. Anno 964. Penei ferenifftmam MaA Compenfation Riches Animos eorum Habcntia inflavit ; and in II. Regis. jefiatem or Amends for Trcfpafs or Fraud ; MulBa pro fome old Charters, the Word Habentes fignifics rich Men, viz.. Nee Rex fuum faftum requirat, vel Tranfgrejftone. Were a Sort of wandring Monks, Habentes homines quos nos dicimus Fcamng-Men. dSwoiiagi who left their own Cloiftcr and vifited fc- Monaft. 1 Tom. p. 100. veral others, pretending Piety. Matt. Pari/, pag. igabere fanas> fetffnntn Is a Writ Judicial, which lieth where a Man hath recovered Land 4S>.
porci

Where

cum qnivque
the

por

illis.

Paroch.

Antiq. pag.

Word

fignifics

only ftray Cattcl.

&

CAROL1

a in the King's Court, directed to the Sheriff, and (Fr. Juif.) in Law French fignifics Et que nul Gyvu de ceo jur en avant tel commanding him to give Seifin of the Land recoJew. manere de detter. Provihoncs de Judaifmo, 53 vered. Old Nat. Brev fol. 1 54. See great Diverthe Table of the Regifier Judicial, Hen. 3. fity thereof in
(Spfallf,

..

verbo Habere facias feiftnam. This Writ is fometimes iffuing out of the Records of a Fine Executory, dirc&ed to the Sheriff of the County where the Land lieth, and commanding him to give to IK^tif aff CnjttUS Is a Writ which a Man in- the Cognifce, or his Heirs, Seifin of the Land *? diftcd of a Trcfpafs before Juftices of Peace, whereof the Fine is levied, which Writ lieth withor in a Court of any Franchife ; and being ap- in the Year after the Fine, or Judgment, upon a and imprifoned for the fame, may Scire facias, and may be made in divers Forms, prehended have out of the King's Bench to remove himfelf There is al2 Tit. Fines feci. 135. Wefi. Symbol, thither at his own Colts, and to anfwer the Caufe fo a Writ called Habere facias feiftnam, ubi Rex haAnd the Order in this buit annum, diem F. N. B. fol. 250. there. vaftum, which is for the DeCafe is, firft to procure a Certiorari out of the livery of Lands to the Lord of the Fee, after the Chancery, dircQed to the faid Juftices, for the King hath taken his Due of his Lands that was Removing of the Indi&ment into the King's convifled of Felony. Orig.fol. 165. Bench, and upon that to procure this Writ to Ujabrte facias tolfum Is a Writ that lies in dithe Sheriff, for the caufing his Body to be vers Cafes, as in Dower, Formedon, &fc. where brought at a Day, Reg. Jud. fo!. Si. where View is to be taken of the Lands or Tenements you may find divers Cafes, wherein this Writ is in Qucftion. F. N. B. in Indice, verbo View.
H.

&

to be ufed.

habeas

Cnjyictfa Is a

Writ

that lies for the

BraBon, lib. 5. traB. 3. cap. 8. &> lib- 5. part 2. cap. 11. See View, Reg. Jud. jl. 1. 16, 28, 45, 49,

bringing in of a Jury, or fo many of them as re- 5 2 fufe to come upon the Venire facias, for the Trial Sort of Filh, perhaps Haberdine, Igaberelhifr, of a Caufe brought to Iffue. Old Nat. Brev. fol. or a Sort of Cod-Filh dried and faked. Sowy See great Diverfity of this Writ in the redit in gabulo afjifo xiii. libras. Qp v. de anguil157.

Table of the Regifier Judicial, vcrbo Habeas Corpora, and the New Book of Entries, verba eodem.

lis

&

II.

tres

folidos

I. de de haberellis, parvis anguiUis, vel Cartular. Abbat. Glafton. de pifcaria.

&

igabenCtimlsa Word of Form in a Deed or Conveyance, every of which mult have two principal Parts, viz.. the Premijfes and the Habendum. The Office of the Premijfes is, to exprcft the Names of the Grantor, Grantee, and the Thing granted. The Office of the Habendum is, to limit the Eftate, fo that the general Implication of the Eftate, which, by ConftruSion of Law pafleth in the Premijfes, is by the Habendum controlled and to two Pcrlbns, Haqualified. As in a Leafe bendum to rhe one for Life, the Remainder to the other for Life, altereth the general Implication of the Joint-Tenancy in the Freehold, which fhould pafs by the Prcmiffcs, if the Haben-

MS.f.

39. a.

igabcrgeon, an Helmet or Head-piece, which covered the Head and Shoulders : From the Germ.
Hals, Co//w*,and Bergen, tegere. igabergetutn. See Habergeon. igaberfect* or Igailbergetr, Haubergetta,A. Kind of Cloth, of a mixt Colour; una fit latitude panno-

rum tinBorum, rujjatorum

duaulna
infra
llfias.

&f>

Mag. Chart,

Haubergettarum, /./'/. c. 25, 26. Et pa-

c. 22. pilla oculi, parr. 5.

Are Ar|$bflimentjl of IBar. 31 Elit- cap. 4. mour, Harncfs, and Provifion of War of all Sorts, without which no War can be maintained. 3 Par.
Infi. fol.

79.

2Jab!c

HA
the Plural of the French Hable, figa Port or Haven of the Sea ; whence nifying fct forth into other Countries, and Ships where they do arrive when they return from their Voyage : This Word is ufed 27 Hen. 6. 3.
R>aljlP Is
patrocinio

HA
amicorum hasretavit SanBum Paulum de
hidis

quatitor

&

dimidia.

Hiftor. Elienfis, Edit.

Gale, cap 41.

gainft

See Hafne.
iabutiib>,
decitfeo

edco romtiurpnDfi; It is a Writ that lies ahim that is a Herctick, viz.. that having once been convicted of Herefy by his Bimop, ana
iijei

Abundance, Plenty.

Qr

butiro,

&

Receptis

having abjured
gain, or into

it,

afterwards falleth into

it

a-

eo

minus propter

habundum

cafei

Paroch. Antiquit. p. 548. A Hatch, a Gate or Door. Saxa, haeIdem tenetur ca, pejfulus, a Hatch or Bolt. catempore conflituto objlruere le Hacche de mere, OP Cartular. Abpere glebam &P claufuram in mora. bat. Glafton. MS. fol. 42. b. Hence the ButHatch, and feveral Houfes fttuatc on the tery Highway near a common Gate, are ftill called
igac'lir.

maximum.

fbme other, and is thereupon committed to the fecular Power. F. N. -B. fol. 269. This Writ lies not at this Day, according to the
Opinion of Sir Edward Coke in his twelfth Rep. fol. This Writ is now utterly aboliflied by Srat. 03.
29 Car.
2.

by the

fuch as fclonioufly burn the Corn or Houfes of others, Sorcerers and Sorcereffes, Sodomitical Perfons and Hereticks fhould be
burnt.
tjafne

Common Law

cap. 9. Britton lib.

1.

c.

17. fays,

That,

Hatches.
l^acljetf.

See Hatches.
of

Patent of Richard, Duke 14 Aug. Anno 5 Ed. 4. have thefe Words. XJlterius dicunt Conventus *r*quod diBi Adbas memperfanguiniseffufionem Ricardum de ejufdem Epihabere confueverunt comitiva, qui ceperat hatchettam quam tenebat deceffores fui habent per idem fcopi Do- tempus in pradiBis viMs (Bancafter quidam familiaris alius ejufdem Rogcri, verfus Ringftead) m'wum Eplfcopum cum diBa hachetta elevata veniens, cum Hulmo quafdam Curias tortus, vocatas Hafne Gla- Courts, tenendas ibidem adplacitum Abbatis,'&Pc. Hat queft veUet eundem Epifcopum percutere. Abbat. ven or Port Courts, 4 Injl.f. 147. fton. Cartularium. MS. f. 66. a. for lijuja, (Sax. Haga, Manfio) a Houfe in a City igacbia, A Hack, a Pick, or Inftrumcnt Adam de Holt vendidit Henrico Scot or Borough. In Domofday, Tit. Suflcx. Terra digging. II. Radulfus tenet unam am partem manerii de Bcterton, de Jiatim per- Rogeri, num.
tia
ipjius Epifcopi percujfit

i|ac!)Ctta, A Hatchet or cutting Inftrumcnt Iron. -Quidam Serviens ipjius Rogcri in prafen-

fignifics

ourf : ^afne with us a Haven

a Banijh Word, and or Sea-Port. Letters of Gloucejler, Admiral of

is

&P vulneravit ufque ad

enor- England,

&

&

&

&

quart

&

Hagam

ad pradiBam quartam partem defelione infelio- xii. Denar. Willielmus quinque Hagas de quinque ad ultimum felionem dicius Adam cum hachia SoI.&Pc. An ancient Anonymous Author expounds nem, & tralidit illam Haga to be Domus cum Shopa. Cum novem prafata fodit quaxdam parti ulam terra, Placita 1 Edw. III. Civitatis habitaculis, qua patria lingua Hagan appeld\Bo Henrico nomine feifina. lari folent. Charta Etheldri Regis, in AufituaMS. Was a Rccompencc made for the rio Matt. Parif. fol. 240. Coke on Lift. fol. JfiCbotC Violation of Holy Orders, or Violence offered 56. b. See Haw. It alfo fignifics an Hedge. In an old Book, fome time belonging to the Abto Perfons in Holy Orders. Saxon DiBionary. Of ^LatlD, Hada terra ; Surfumreddidit in bey of St. Auftin in Canterbury, we find that ^Ht)C King manus Domini duas acras terra continen decern feliones Stephen fent his Writ to the Sheriff and Juftices of &> duas Hadas, Anglice, Ten Ridges, and two Kent in this Manner, Stephanus Rex Anghrum, ViceHades, jacent' inter terr. &>c. Rot. Cur. Maner' de comiti &P Jujliciariis de Kent, falutem, Pracipio Orletori, Anno \6 Jac. quod faciatis habere Ecclefi<t SanBi Auguftini Igatifrunga, Refpet of Perfons, Partiality, c> Monachis hagam fuam, quam Gofceold eis deSax. had, Perfon, Degree, Quality ; and dit, &c. from igaga. A Hedge. Sax. hag, melted into arung, honouring, admiring. Hence in the Laws of King Ethelred. Judicia debent ejfe fine H&y, whence Haia. Quod totum diincludere pofftnt omni haderunga, quod non parcatur diviti alicui vel 8am placeam foffato &c. haga, fecundum affifam forefia. Mon. Angl. Tom. 2. p. egeno,
rexerunt

&

&

Item quando alialias if aggnnd. delegabit terram Burgagii in Eleemofynam conquis ventus, terra ilia folebat de catero ejfe quieta de HadIgaDijonel,

3-73-

goncl, dP maxime Celerario.

f.

302.

a.

q.

oetibrrsnuo alii a Writ directed to the Sheriff, willing 3. Hence Hajement for a Hedge-Fence. Rot. Inq. to command one, having the Body of him that is 33 E. 3. inScac.de Forefia. fe Is an irregular Ward to another, to deliver him to him, whofe i^alfOP Compound of the Ward he was by reafon of his Land. Reg. Orig. French Haye, i. Sepes, and the Sax. Bote, compenThis is now out of ufe by 12 Car. 2. fatio, and ufed for a Permiffion to take Thorns or 161. fol. cap- 24. Fryth to make or repair Hedges. Or rather a l)x (He abftlicto Is a Writ that lay for a Lord, Mulct for breaking Hedges. See hedgebote. who having the Wardfhip of his Tenant under ISjauucfugen. See Hamfoca. J^airbannutll. See Herebannum. Age, could not come by his Body, for that he was conveyed away by another. Old Nat. Brev. igakf, A Sort of Fifti dried and falted, called See Ravifbment de Gard, and Hserede rap- commonly Poor fohn, in the Weftern Parts of fol. 93. to in Reg. Orig. f. 163. but now of no Ufe. England, Hackot, from Sax. Hacod. The Proverb Et in tri$JcreDinfta, the next Heir: Et nullus Haeredi- obtains in Kent, as dry as a Hake
IcaeifPe
f rrt'sc,

Igagablum, the fame with Gablum. igagbllt. See Haque and Haquebut. Mon. Angl. 1 par. Igaja, and i^aplia, A Hedge, and fometimes taken for a Park or Enclofure, VaUatum fuit, 8t>c. qui fjabet cuftoBiam Fojfata Haja &> Palatio. Bract, lib. 2. c. 40. num.

Is

peta fuo propinquo -vel extraneo periculofa fane Cujiodia bus copulis viridis pifcis cum uno viridi lynge, cum tricum una copula de Hake. Antiquit. bus congris, committatur. Leg. H. c. 70. igserptare, To give a Right of Inheritance, Parochial, pag, 575. See Spelman's Ghffary in or make the Donation hereditary to the Grantee Hakedus.

&

and

his

Heirs.

Tandem

ufus confilio

CP
z
^afeefon.

-*.

HA
Uafeettn.
tus fuit

H A
in

See Jacket; a Military Coat

Waif,

armature, Epifcopus ijuadam

vulgariter appe'/iamus.

UAutJiHbaro : The Danes when they invaded this ^uam Aketon Nation, had Hatchets with two Edges; the Saxons had a like Weapon fo called: From the Germ. Ed. 3.
;

Hall, palatium, and BarA bipewnis, which being puiiue. Sec Haubergelus. adorned with Gold and Jewels, was carried the Moiety or one half. alfenocal, and from them the had by See Hac,ue. Englifh l?alf;l)aque. .,.,,, this Noblemen, which is ftill ufed in Princes Is a Noble, t. W. U Weapon, !&alf>nW&, DimiAia Merka, Where he faith, That in Cufc a Writ ot Courts. fol. 5. t?alillffll0. Villani we vtndant, Aonent vel loceni Scifin ot a DemanRight be brought, and the

liMlberflftU*

the Scifin is not terras cufiumarias , per cartam vel fine, convillanii dant, or his Anceftor, alledgcd, the Defendant, but he may ten vel Cufiumariis, fine expreffo confenfu Firmariorum, Of travcrfablc by of in plena curia vel Haimcto, ut per recorAnm Curie, der or proffer the Half-Mark for the Enquiry Terms, that the &c. Statut. Eccl. Paul. LonAon. MS- f- 45- See which it in
this

Scifin

plain

not be admitted to deny, that Halymotc. was fcifed of the tjalmorPor fcahmefP, (From the Sax. Heale\ the Demandant or his Anceftor, and to prove his Denial ; and i. c. aula, and Gemot, i. c. conventus) is that we Land in Qucftion, a Mark in now call a Court-Baron ; and the Etymology is that he (hall be admitted to render half the Meeting of the Tenants of one Hall or Mato have an Enquiry made, whether the Money, were io fcifed or not. And in nor. Omnii caufa Urminetur vel HunArcAo,vel ComiDemandant, &>c. find the fame Words in the tate vel Halimote, {team habentium, vel Aominorum this Signification we Brev. fol. t6. Know, that in a Writ Curia. LL. Hen. 1. cap. 10. The Names is ftill OIA Eng. Nat. the King, retained at Lufion, and other Places in HereforAof Right of an Advowfon brought by Defendant fliall not protter the Half-Mark, Jhire. the

Defendant

(hall

&<r.

Hereford ? ,,,.,. ... whereof Fitzherbert, ubi fupra, givcth this Halimot ibidem tent. \i Palatium S the DefenReafon, becaufe in the King's Cafe, OH. Anno Regni Regis Hen. 6. 14. venit J.handant ihall be permitted to travcrfethc Seifin, by To nts Garnefion &> Juliana Uxor ejus in plena Curia, Licence obtained of the King's Serjeant. which Effca fee F. N. B. fol. 3 < It i$ fomctimes taken for a Convention of Cithe Chancery for the DNlf Seal Is ufed in tizens in their Pubiick Hall, which was alio calSealing to Delegates, appointed upon any Ap- led Folkmot and Halmot. As in LonAon every either in Ecclefiaftical or Marine Caulcs. peal, Company hath a Hall, wherein they keep their 8 El. 5Courts. 4 This Halmote and HaliInfi. fol. 149. Medietas Lhigm. mote are often confounded, J9alf2TongUC- Sec though originally Halimote. $?altgamot. See they were two diftinft Courts. Holc fccking "* Ocry ' '. I&alke,
.

m
,.

Halke.

From

the Sax.

Heale, angulus.

or People who i. e. Holyworkfolk, held Lands for the Service of repairing or defor which pious I^alitoOtfOlk, fending a Church or Sepulchre, Labours they were excufed from feodal and miHoServices. Epifcopus Dunelmenfis
litary

fecerunt
corporis

Hugo cap. mines Ae Epifcopatu fecum coegit ire in guerram ScotU, 1 1 76". Ipfis Thanetenfibus ajferentibus fe aA Capitaleru eos apuA &> cum rediiffent domi ah eo non licentiati, fecit Curiam beat. Augufiini Cantuar. placitandi caufa, jerenies, Dunelmum incarcerari. QuoA ipfi graviter ferentes, wj W/V; ; fu ain ndi mUo moAo Aebere acceJere, grafter feA Ascentes fe eg* k, fe partem contra Ep.fcopum, In Thaneto omnu omnia

But the Word Halimote rather the fignifies Lord's Court, or a Court*Baron held in the Manor, in which the Differences between the Te. nants were determined : From the Sax. Heal, atrium, and Gemot, conventus. Omnis caufa terminetur vel HunAreAo vel Comitatu vel Halimoto/e<r<wi habentium: Leg. H. 1. So in W. Thorn, Anno 9.

nam

Haliworfolk, &
patus,

terras fuas tenere aA Aefenfionem (erf S.Cuthberti, nee Aebere feexire terras Epif'-\
1

Halimoto/w
-

fua juAicia

Epifcopo.

/*** Dunclm.
,

T ,nam

H,fi.

apnd Wharton.

^S rr/%
yf

Coat of Mai , From the ftatfbergff 'H*/i, I e. collum, and Beroan, cavere : It was P ' proSac. Ang. perly a Defcllcc for the Neck.

exer-

$ ilBfallg. See Healfang and Pillory. the Saxon Word is Healle, and i&alpmotf. Properly an Holy or Ecclefiaftical denoted a chief Manfion-Houfc or Haanciently bitation ; which Word we retain in many Coun- Court ; howbeit there is a Court held in LonAon tics of EnglanA to this Day, cfpccially in the by this Name, before the Lord Mayor and Shcs f r regulating the Bakers, and was ancientCounty-Palatine of Chefier, where every Gentle- ,"ff > man of Quality's Scat is termed a Hall. In the ,'y hel d on SunA/ty next before Sr. Tlnmas's Das, Book of Domefday Tit. Chent. Terra Hugcnis Ae * n& therefore called the Halymote, or Holy Court : The Title thereof ran thus. Curia Sanffi Mountfert. In Newcertr HunAreA ipfe Hugo tenet unam terram tfuam Azor Rot tenuit Ae R. (Rege motus tenta in GuilhalAa Civitatis LonAon, coram Ma&> Vicecom. &c. fine domo. i. e. Edvardo) fine Halla, jore t&alpfrercfolft. (Rannlphus Dei Gratia DunelmenRailage Is a Fee due for Cloaths brought for Sale to Blackwell-Hall in LonAon. Co. vol. 6. fol. fis Epifopus omnibus hominibus fuis Francis &> Anelis 61. b. Alfo the Toll due to the Lord of a Ae Hal ywcrcfolk ////. Mon. Ang. 1 Par. fol. Fair or Market, for fuch Commodities as arc '514. b.) did anciently fignify fuchofthe Province of Durham, as held their Lands, to defend the vended in the Common Hall of the Place. i^allamafe, The Day of All Hallows, or All- Corps of St. Cuthbert, and claimed the Privilege Saints, Nov. I. One of the crofs Quarters of the not to be forced to go out of the Bifhoprick Year was commonly fo computed in ancient cither by King or Dunelm. And Bilhop. Hifi. Durham in our Year-Books is called Franchife de Writings from Halymas to CanAlemas. Sclden. liJ<iHamfl)tre Is a Part of Yorkshire, in which Werk. the Town of Sheffield ftands, ai Joe. cap. 13.
I&4U,

RUa,

I?ani,

HA
igam, A Houfc, alfo a Village or little Town This is a Termination of many Towns in Eng:

HA

igampffl. See Htmcl. l^amfofeerL Sec Homefoken. Skene de verbor. Sigas Nottingham, Buckingham, Walfingham, nif. writeth it Haimfuken ; and derivcth it from land, &c. Haim, a German Word, fignifying a Houfe, and Suchen, that is, to feek, fearch, or purfuc : It gambles. Sec Sables. Hjambfinn. or tunneling of JDogjr, Is the fame, is ufed in Scotland for the Crime of him that viwith expeditating; Mantvood's Foreft-Law, ca. i6. olently, and contrary to the King's Peace, afnum. 5. lays, This is the antient Term that Fo- faultcth a Man in his own Houfe, which, (as he refters uled for that Matter, and num. 12. he faith) is punifhablc equally with Ravifhing a adds, Canutus in his 31 Canon, doth call The Woman. Signijicat etiam quietantiam mifericordi* intrationis in alienam domum vi Qp Laivningof Dogs, Genu-fciffto, which was a Kind of injufle. Fleta, lib. 1. Our ancient Records exprefs Burcap. 47. cutting or laming of Dogs in the Sams, which the old Forefters called Sambl'mg. See Expedi- glary under this Word Hamfocne. In a Charter of Donation from. King Edmund to the Church of tate. Camlet, as alfo Spaniel and t&atnpfel, arc di- St. Mary Glafton, we have thefe Words, Concedo minutives of Sam, which fignifies Habitation. libertatem omnes poteftatem, jura, confuetudines

&

&

Camb. Brit. fag. 149 354. Kitchin hath Samel in the fame Senfe, who alfo ufeth Samp/el for an old Houfc or Cottage decayed, fol. 103. Samlet, as Stow ufeth it in Ediv. 3. fcemeth to be the Seat of a Freeholder; for there he faith, The King bellowed two Manors and nine Samlets of Land upon the Monaftery of Weftminftcr, for the Keeping of yearly Obits for his Wife, Q^Eleanor, deceafed. Spelman making a Difference betwixt v'tUam integrant, viUam dimidiam S? Hamlettam, hath thefe Words, Samlettam vera qua medietatem frinon obtinuit, hoc eft ubi quinque Capitales Plegii The Statute of Exon, 14 E. 1. non fint deprehenji. mentions it thus, Lex no/met di toutes les vittes Hamlets que font en fon Wapentake, &c. Hamlet. Cum duobus foliIHamellUjS,
borgi

forisfaBuras
fip

omnium terrarum fuarum,

Fridebrice

Hundredfetena, Athas &> Ordel

Hamfocne *
in

&

a Frangranted to the Lords of Manors, whereby they hold Pleas, and take Cognizance of the Breach of that Immunity.
i?anDsbo?Oto,
is,

omni Regno meo, &V. chifc or Privilege fo called,

&> Toll Foreflel It fignifies alfo

& Infangtheofas, & Team

i.

Burgherith

A Surety, a manual Pledge, that an inferior Undertaker ; for Head-borow is a fupcrior or chief Inftrument. Spelm. >ano in ano igano our, 17 E. 4. cap. 2. Is the Name of an unlawful Game.
I?anaful Is four Inches by the Standard. 33 S. 8. 5. &c.

&

Anno

King with

iganO*ffntll, his

dis

annul redditus in hamello de Chetham.

Will. pacts

Thorn.

mum
Is
:

Peace or Prote&ion given by the own Hand. So among the Comof Alured and Gudrun, Se&. 1. Et hoc eft priEdiBum E cleft*, pax inter parietes fuos, ut

Ne forisbannitum, aut furem, hand-ha bendam, Francigenam vel Anglicum, ultra duodecimum Atatis annum, 8 denarks valentem, Jibilem undequaq; fauat, Homfocne eft vel Hamfare, impunitum tranhe is either guilty of a violent Entry into feant. Leges Hen. 1. cap. 59. See Fleta, lib. I. i. e. the, Houfe of another, or of the Breach of cap. 38. SeiJ. 1. and BraBon, I. traB.de Conna. 3. the Peace in his own Houfe ; For by the Defini- cap. 32. SeB. 2.
in
legibus H. I. cap. 80. Si quis alium in fua vel alter ius do mo, &c. Jagittet vel lapidet, vel colpem often-

by fomc taken to be the fame with Regis Hand-grithy"ej/w inconvulfa permaneat.This is the Meaning of that Samfocne, i. e. the Freedom of a Man's Houfc Paffage in the 13th Chapter From the Sax. Sam, Domus, and Frith, pax, and of the Laws of King H. 1. Hec mittunt homlnem Samfocne is from the Sax. Sam, Domus, and Socne, in mifererordia Regis, infraBio pacts quamper rnar.um This is what we call Batimmunitas, but I rather think that Samfare is de- fuam dabit alicui. rived from the Sax. Sam, Domus, and Fare, iter tery. vel progreffto. So that Samfare is a Breach of the ilano-fiabPtlD, A Thief apprehended in the Peace in a Houfe ; and this appears by Brompton, very Ya.Sc, having the llolen Goods in his Hands

^amfarf

&

tion

it

appears that

the Offences are not

the

fame.

minem liberum

Bjammfl,
little

i|f<ano*l)abenD, (Sax. Stbbendre handa) Si quis holatrocinium feu rem furatam fei urn de-

Home-Clofe, a fmall Croft,

Meadow.

Hamm. Paroch. Antiquit. pag. 135. Hoxd habend. igailOgun Is an Engine prohibited to be ufed, quatuor acras prati in Gore juxta hamam Gilberti. ib. and carried about, by the Statute p. 176. Computant de fex folidis, 0B0 denariis receptis 33 H. 8. 6. de duobus hammis prati in campo de Wendleburg. ib. And though a Dag was invented of late Time, 572. in which later Citation hamma prati and after the Making of the faid Aft, and is not p. feems to be a narrow Skirt, Hem, or Edge of known by the Name of a but its
vocatur

Quoddam pratunculum quod

or fercatem, (quern Hxbbendre handa vacant) comprehenderit, &>c. Concil. Bcrghamfted, Anno 697. See

Meadow

or Grafs in the

common

Field.

See Mr. own fpecial

Hand-gun,
lib.

by

Name;

yet

the carrying a
Co.
5.
fol.

JCennet's Gloffary.

within the faid Aft.

Dag

is

See

fgfitlima, Some Sort of Fifhing-Tacklc, perhaps tfanDPstaarp, A Kind of the Poles with which they beat the Water, to drive fal, Bocking, and Braintree in Effex, and mentionthe Fifh into. the Nets. For the Word Hamis ir* ed in the Statute, 4 &> 5 Phil. Mar. J. the Gloffary of Du Frefne, is thus expounded from See tpanifare.

71, 72. Cloth made at Cock-

&

Hinefare.

Johannes de Janua, fuftis aucupabilis,fcilicet, virgula, qua fujlinet rete, quo capiuntur fer<e, vel quod levat rete in quo capiuntur aves, &f dicitur ab Hamus. However it is plainly Tome Inftrumcnt of PochNulius hominum de eatero ining for Fifh greffum habeat in pifcariam ratione pifcandi, fed omnia
retia, le

Hjanig, Some ed. read

We

it

Et

cultomary Labour to be performin the Monaft. 2 Tom. pag. 264.

parcorum, pon-

fint' quieti de operibus cafteliorum,

fiP -de claufuris

tium

HaOp de carreio &P fumagio omnimoda nig, & regalium domorum diftcatione

&

&

Iganktutt alias ipangtoiff, (from the Saxon inftrumenta pifaria, deferantur ad curiam de Mere ad opus Pifcatorum. Car- Hangan, i. c. fufpendere, and Wife, mulBa) Is (actular. Abbat. Glafton. MS. f. 90. b. cording to Raftal) a Liberty granted to a Man

hammes,

&

operatione.

alia

whereby

HA
whereby

HA
&

Sec Herdwick. lie is quit of a Felon or Thief, ilJarColIC. hanged without judgment, or efcaped out of Cultody. IgarOUUCe. Domefday Til Glo-wec. Burg. LumiIn Wales fur.t trn H.irdwiccs, Lumeread it interpreted to be quit de laron pendu care. 8 cMmcal* fans Serjeants It Roy, i. e. without legal Trial. chare, Potifchmet, ftp dimid. & in his funt 11 villani. And cllewhcrc, Mulifa pro laUonc prater juris exiSpelman fecms to interpret ir a hard Village, ana Du Frefne falls into a perfeit gentiam fufpenfo vel elajfo. ^Whether it may not I rather think if meant alfo fignify a Liberty, whereby a Lord challcng- Blunder upon the Word. who hangs Heord-nuic, the Hcrdfman's Village, as Ceorlton, cth the Forfeiture due for him, himfclf within the Lord's Fee ? Sec Bloodwit. It the Churls-town: Whence Herdivick and Charltjn, fecms to be To in confuetud. ex Domcfday, by Dr. arc now the Names of very many Places. Gale, viz. Hangenwithum faclens in civitate 10 sigariOt alias lienor, Heriotum Is in the Saxon dMt. Tofigue Heregate, which is derived from Htre, SI aliquis inventus fuerit qui clamorem exercitus, and Geat a Beaft, and in the Saxoni U, OllOh, vocatum Hanok aliquo modo fine licentia nojha incepe- Time fignified a Tribute given to the Lord for his better Preparation towards War. Lambardin his H. 5. Du Frefne. rit, morte punietur. Stat. Erat (Tanner, or tjanaper of tlje Cijancrrp, {Anno Explication of Saxon Words, verba Hcreotum 10 Rich. 2. cap. I.) Seems to fignify, as Fifcus enim Hcreotum militaris fupelleclilis prefiatio, qu.tm, in Latin. See Clerk of the Ranaper. obeunte vaffallo, Dominus report.ivit in fui rnunlipfius originally does to Ortelius in the* Index to tior.em, fays, Spelman. And, by the Laws of Catai)fr, According his Additament to his Theatre, verb. Anfiatici, Is mttus, Tit. de Hercotis, it appears, that at the an old Gothijh Word : It fignifieth a certain Soci- Death of the great Men of this Nation, fo ety of Merchants combined together, for the many Horfes and Arms were to be paid as they good Ufage and fafe Paffage of Merchandize were in their refpeSivc Life-times obliged to from Kingdom to Kingdom. This Society was, keep for the King's Service. It is now taken for and in Part yet is, endowed with many large the bell Bcaft a Tenant hath at the Hour of his Privileges of Princes refpeftivcly within their Death, due to the Lord by Cuftom, be it Horfe, Territories. It had four principal Scars or Sta- Ox, &>c. and in fome Manors, the bed Piece of where the Almain or German Merchants be- Plate, Jewel, or the beft Good. The Name is ples, ing the Ere&ors of this Society had an cfpecial ftill retained, but the Ufc is altered for whereHoufe, one of which was here in London, called as by Lambard's Opinion, it did fignify fo much Gildhalda Teutonicorum, or among us vulgarly the as Relief doth now with us : Now it is taken for Et habeant Gildam mercatoriam the beft Cattle that a Tenant hath at the Hour Steel-yard. quod Charta'Hcn. 7. Balivis Bur- of his Death, due to the Lord by Cuftom. cum Hanfa,

We

&c

&

makes Reriot- Service and Kitchin, fol. 133, 134, genf. for Interpretation whereof, you igatlB'STutDn.S, So called, either becaufc they Heriot-Cupom ; lay near the Sea, or from the old Gothick Word /hall find thefe Words in Broke, Tit. Hariot, nu. which fignifies thole who were the molt 5. Hariot after the Death of the Tenant for Life Anfi, noble and richeft of the People; and from is Hariot-Cufiom. Hariot-Service is after the Death thence we may infer, that thefe Towns were the of Tenant in Fee fimple. In the Book called chicfeft for Trade and Riches ; or from the Ger- Les Terms de la Ley, 'tis laid, that Hariot- Service is man Hanfa, i. e. Societas, or a Company of Mer- often expreffed in the Grant of a Man, that he chants, or Men excelling others in Trade : At holds by fnch Service to pay Hariot at the Time

Montgomer.

firft

there were feven

i.

Towns

fo called,

and after- of

his

Death,
is,

wards 70.
JgailtelOuC,
i.

riot-Cufiom
e.

when

from the German out of Mind by Cuftom, and this may be after i. e. laid , manus the Death of Tenant for Life. And for this the Qui manus immifftonem refifierit, quod Lord may diftrain or feife. Sec Plonvd. fol. 95, immiffio. Du 96. Bracfon, lib. 2. cap. 3d. Doff, and Stud. Hantelode vocant, 40 fol. folvat in publico. cap. 9. But of Right neither the Lord nor OffiCange. i*p Cometh of the French Happer, i. Rapere, cer fhould take Hariot, before it be prefented at And fignifies the fame with the next Court holdcn after the Tenant is dead, to fnatch or catch as to Hap the Pofleffion of a Deed-poll. that fuch a Beaft is due for a Hariot. If the us, Littleton, fol. 8. To hap the Rent, as if Partition Lord purchafe Part of the Tenancy, Hariot-Serbe made by two Parceners, and more Land be vice is extinguished, but it is not fo in Hariotallowed to one than the other, and flic that has Cufiom. Co. 8 Rep. Talbot's Cafe. If the Lord moft of the Land charges it to the other, and ought to have a Hariot when his Tenant dieth, (he happeth a Rent, fhc ftiall remain an Affile and the Tenant devifeth away all the Goods; without Specialty. yet the Lord fhall ha%'e his Hariot, for the Law (gaque Is a Hand-gun about three Quarters prefcrrcth, the Cuftom before the Devife. Co. on of a Yard long. 33 H- 8. cap. 6. and 2 Qp 3 E. 6. Lit. lib. 4. cap. 3. pag. 185. See Dyer, fol. 199. This in Scotland is called Herrezelda, cap. 14. There is alfo the Half-haque or Demy- num. 58. See Haquebut. haque. compounded of Here in Dutch, in Latin Herus, and Zeild a Gift, igaquebuf, {French) A Kind of Gun or Calivcr, that is, a Lord or Mafter othcrwife called an Arquebufe. Anno 2 Sf 3 Ed. 6. Tribute or Taxation. Skene de verb, verba fignif. and 4 &> 5 Ph. &f> Ma. cap. 1. Othcrwife Herrezelda. Herlots, or the cap. 14. delivering up of Arms
Arreft,

An

that holdeth in Fec-fimple. Harlots have been paid

Ha-

Time

Hant,

e.

an Hand, and Load,

Ragbut The Haquebut is a bigger Sort from the Teut. of Hand-gun Haeckjj^tfe. Ifarafiutn, or igaraemm (from ^ff French Haras) fignifies a Race of Horfes and Marcs, kept for Breed. Spel Glojf. verb. Haratium. Et
called a
;
.

at

the
firft

Deeeafe of a Tenant,
till

England
are

did not obtain in the Sovereignty of the Danes, and mentioned in the Laws of Canute. The
all

Bock of Domefday, and generally

Writers

Monkifh
Reliefs
:

have confounded

Heriots

and

decimal
1.

de dominio fuo, de pratis, de bladis, parcis, Whereas there was very great Difference between de Vivariis. Alon. Angl. them. Heriot was often a Pcrf.nal ; Relief always Haratiis, molendinis

&

part

f.

339.

predial

Service.

Heriots

were

firft

contrived to

F f

keep

H A
keep a conquered People
ill

HA
SubjeSion, and to
l^afafDelOIlP, A Head-land, now commonly a Had-land, whenco the Head-way or Had-way. Paroch. Antiq. p. 587. Duas panes decimarum de Haui?ai!i<7, A Haven
:

iupport the publick Strength, and military Furniture of the Kingdom. Reliefs for the private Commodities of the Lord, that he might not

have inutllem proprietatem in the Signiory. Reliefs were a feudal Service, Heriots before any feudal Tenure. Vide Spelean of Feuds, cap. 1 S. See Mr. Kennet's Glcffary :n Heriotum. itiarnc?, From the German Hernifh, which fignifies all War-like Instruments, a Word often ufed in our Hiltories, -viz.. Hoveden, pag. 725. Mif fas ab eo cum hernafio fuo in Angliam : And in

lis,

Monatt. 1 Tom. 564, l^aur (LL. mil. 1. cap. 16.) feems to be there ufed for Hatred ; from the French, Hair to
Qpc.

hate.
Ii?aUtI)0ner,

loricatus, a Man armed with Et paciendo fervitium de HallthoCharta ner, quantum pertinet ad pr&d:clam villam. Galfridi de Dutton, tempore Hen. 3. i)?ato, (from the Saxon Haga) A fmall QuanMatt. Pari/. Vita Sar.fti Albani, pag. 98. of Land fo called in Kent; as a Hemphaw, or Igaro, l^arrcm, An Outcry, or Hue and Cry tity after Felons and Malefa&ors Cubkularius Beanhaw, lying near the Houle, and enclofcd for that Ufc. Saxon DOT. But I have fecn an anEpifopi Elienfis Willielmum de Holm interfecit

Homo

a Coat of Mail.

domus. And Sir Edw. Coke (on Littl. fol. 5. .) vociferans Harron in an ancient Plea concerning Feverjbam in Lylde, Harron, Harron fuper te, tu enim interfed- fays, Fratrem meum Willielmum de Holme, Harron Kent, Hawes are interpreted to fignify Manfions. Jii Cambden fays, That Hawgh or Howh fignifies a fuper te, Harron. Hid. Elien. apnd Whartoni Angl.

Margareta
more

foror interfeffi fecuta

terribili

Epifcopum, dade fuper te Thoma

eft

cient

MS.

that fays,

Hawes

vocantur manftones five

See the Original of this green Plot in a Valley, as they ufe it in the the Normans in la Coutume de North. among lijamaru. See Hayward, Normandie, per M. Henry Bafnage. Vol. 1. pag. I^alrberbf, Comcch of the French Haubert, 104. Lorica, whereupon he that holdeth Land in France, 4arfjUbU0. The fame with Haquebut. and to be t&ntg, Harriers or Hounds for hunt- by finding a Coat or Shirt of Mail,
Sacr. P^r.
1.

p. 658.

Clameur de baro

igamttt
de

Johannes le Bay tenet duas hidat in Bokbampton per ferjantiam imam mutam caniculorum harrectorum, cufiodiendi one Pack of Beagles, or fmall Harriers) ad (j. e. cuftum Domini Regis. Cart. 1 2 Ed. I old complcat, i^art Is a Stag of five Years
terra

ing the Hare

Domino Rege

ready witn it when he fhall be called, is faid to have Hauberticum feudum; whereof Hotoman wri
teth thus, Hauberticum feudum Gallica Lingua vulgo dicitur pro Loricatum, i. datum vaffallo ea conditione, ut ad ediHum Loricatus five Cataphratius Jit ut Lorica Tj/xtinis de loro prafio.

Nam

proprie tegmen

Manwood's Foreft-Laws, cap. 4. num. 5. which he hath out of Budaus de Pbilolog. lib- 1 o. And if the King or Queen do hunt him, and he efcapc away alive, then afterward he is called a HartRoyal : And if the Beaft by the King or Queen's hunting be chafed out of the Foreft, and fo efcape, Proclamation is commonly made thereabout, that in .Regard of the Paftime, that the Beaft hath flicwed to the King or Queen, none fhall hurt him, or hinder him from returning to the Foreft ; and then he is a Hart-Royal proclaimed.
J^artl^penv,

factum quo ma\ores in bello utebantur, &c. frequentif finn autem pro 4nea armatura Integra ufurpatur; fie
apud Gallos Haubert proprie Loruam annulis contextam quam vulgus Cote de Maille apellat, fignificat, Hotom. in verb. Feudal, verbo Hauberticum Feudum. Hauberke, with our Anceftors, fecmeth to fignify as in France a Shirt or Coat of Mail, and fo it leemeth to be ufed, 13 E. 1. Stat. 3. cap. 6.

Though

in thefe Days the Word written, as Halbert, and fignifies a

ISjairjW,

is

otherwife
well

enough known.

Weapon

In Domefday.Book fignifis Manfions or

$arfl)*g>i(ber, and Uartlj* Dwelling- Houfes. ijattitc, Small Veflels of Burden to carry S^QMy, See Cbimney- Money and Peter-Petue. In the Goods in the River Thames from Feverfiam, Sec. l&afpa, The Haft or Claft of a Book. Statutes of the Cathedral Church of St. Paul in to London, fuch as are ftill called Hoys, Anno 30 Ante fundutionem AbbatU de Feverut Servientes Ec- Edw. I. London, it was ordained
clefig. afferes

and

rari facient, ft per

hafpas lihrorum fuis fumpubus repa- Jbam fuit villa &> manerium de Faverjbam cum pertin. in manibus Regum Angl. culpam illorum confringantur quo Liber Staturorum Eccl. Paulina; London. MS. f. tynpore fuerunt in pr&diBa villa triginta CP duo man29. a. Sacrijla
caret
ib. 6.

&

pentur, Qpe.
Jl&fia
de

pom, A

quod Libri bene Hgentur &> haf- ftones, que vocabantur triginta &>dua liawcs, qua pro rebus bonis fuis in iqua fiotantibus fuerunt fotl anShield of Brawn. Johanna tes & lottantes cum ipfis de Dover in auxilium fervitii
39. b.

&

Domino Rege fui viginti navium in quibus tenentur Domino Regi in haftam guerris fuis Plucit. temp. Ed. 1 2. MS. I rather think it meant of xxxii porci put. parco fuo de yet Haglue, Raghs, or Houfes. Cornbirie. Paroch. Antiquit. p. 450. l^atrllCB or i$actf)E, (mentioned in the Stat. f^VPfeerrf Be a Sort of deceitful Fellows that 27 H.8. 23. by the Name of Hatches and Tits) go from Place to Place, buying and felling arc certain Dams or Mounds made of Rubbifh, brafs, Pewter, and other Merchaudife, that Clay or Earth, to prevent the Water iflfuing from aught to be uttered u, open Market The Appelthe Stream-works, and Tin-wafhers in Carnival, lation fecmeth to grow from their Uncertainty, from running into the frefli Rivers. And the like thole that with Hawks leek their Game Tenants of Balyftoke,znd other Manors there, are where they can find it , ,v .nay read the Word bound to do yearly certain Days Works ad la 25 H.S. 6. and 3: H. 8. 4. W e now call thole Haccbes. Hawkers that go up iifid dowi the Streets Survey of Cornwal. crying See Haberjeils. and thole News-Books, and feJ B?aubergttt-. ')y Retail; dl from the Prcfs arc ISJaubTgfftum, The fame with Halsberga. FIcta, who fell them by V\ :.l It otherwife fignifies a callea ib. 1. cap. 24. par. 12. Mercury's. Kind of Woollen Cloth. Sec Haberjeils. Mufegrave
fervitium
tenet terras in Blechefdon de

per

deferendi Domino Regi unarti 11. den. cum fugaverit in

&

Igar

An Hedge, an In- to commuto for ftanding in the Pillory, and is to U?ar, (Haia, French Hay*) clolurc, anciently fenced with Kails, as in Cank- be paid cither to the King or to the Chief Lord, there were feven fuch, and one in mod viz. Qui falfum Tefiimomum dedit, reddat Regi vel Forefl Parks ; fomctimes it is ufed for the Park it fclf, terra Domino Halfcng. Leg. H. I. cap. 11. Sec Halymot. fomctimes for an Hedge or hedged Ground. Vnikjealflcmot. B. Petri Ebor. conceffiffe ad firmam ^eartl)>j5cnep. Sec Chimney -Money. verjis Capitulum totam Hayani nofiram de Langcrath cum fob ejufdem iebber*nian, A Fifhcrman below LoMrn Bridge, Hayz, bruera, marifio. Of omnibut aliis pertin. Red- who fifhes for Whitings, Smelts, 3V. commonly dendo annuatitn nobis tempore pinguedinis unutn at Ebbing Water, and therefore fo called. Menunam damam, >V- tioned in Art. for the Thames Jury, printed 1^32, damum, fermifons. tempore Stow in his Survey of London, pag. 19. fays, They Dat. 13 Kaliind. Jan. Anno 1279. are a Sort of Poachers, or unlawful, Catchers The fame with Haia.

Me

&

li?aj>.ilTl.

i. t. J}Brbi)0t Is derived from the Saxon Htg, an Hedge, and Bote, i. e. a Mulct or Rccomto pence for Hedg-brcaking, or rather, a Right take Wood ncceffitry for making Hedges, cither by Tenant for Life, or for Years, though not cx'Tis mentioned in the Grant or Leafe. prcflcd in the Mon. 2 Tom pan. 1 34. Et concedo ei ut de bofeo meo Heybot, &>e. And in the fame Place Husbote

of

Fifli in

the River of Thames.

The Privilege of having the Goods of a Thief, and the Trial of him, within fuch a Liberty. In a Charter of Edward the Conigfbbfrtljef.
feffor

to the

reHitudh-.es

videl.

Abbey of St. Edmund ifias Hamlokne, & Grifhbrcch, cJC

Forftoll,

& Ferdwitc,

&

wite
103.

Cartular.

S.

Hebberthef, Edmunds.

fc>

Frithfol.

MS.

fignifies

a Right

to take

Timber

to repair the

Houfe. John Fttz- Nigel, Forefter of Bemwood, jgctbingitocare, (mentioned in 23 Hen. 8. cap. 5.) Are Wears or Engines made of laid at Eihad, in Dominico Bofi Domini Regis, Hulcbote Heybote pro cufiodia dicta Forefia. Paroch. Antiq. bing Water, for taking Hfli. Quare. S^bPOiiiaoiUtf, The Weeks man, or Canon or pag. 209. of two Prebendary in a Cathedral Church, who had the lijtipuiart alias IJfltoaTD, Is a compound i. French Words, viz. peculiar Care of the Quire, and the Offices of Hay* i. Sepes, and Garde, and fignifics tine that kecpeth the com- it for his own Week Gamaliel Clifton elecCufiodia, mon Herd of the Town i_ and the Rcafon may tus in Decanum Hereford, 5 Jul. 1 529. Milo Ragon be, becaufc one Part of his Office is to look that Prebendarius de Prefion fuit tunc Hcbdomadius, eoqut they neither break nor crop the Hedges of cn- pratextu Capituli Prefidens Regifirum Caroli He is an Officer fworn in Bothe Epifcopi Hereford. MS. penes Johannem Epifc. clofcd Grounds: the Lord's Court, and the Form of his Oath you Norwic. from tVJ, IgebDCtnatf, A Week, derived may fee in Kitcbin, fol. 46. Arc fuch as play at Hazard, a feven ; as feptimana from feptem. Julius C.rfar i|fl3artier Game at Dice fo called ; Hazard or communis ludens divided the Year into Twelve Months, each

&

dies in diverfis Month into four Weeks, and each Week adjudicator quod per fex Inter plac. Trin. 2 into feven Days, according to the Number of the feven Planets. See more of this Matid ter at large, Skene de verbor. fignif. verb* tjeanktuotf, Derived from the Saxon Head, eft, Caput, &= Borge, i. Pignus, fignifies him that Hebdomas. of an Engine to take Fifo in is Chief of the Frank-pledge, and him that had the $fcft is the his own the River Owfe principal Government of them within by York, Anno 23 Hen. 8. cap. 18. fo was And Heccagium, which occurs in our Records, Pledge. And as he was called Head-borow,

ad

falfos tabs,

locis

ponatur fiiper Collifirigium. H. 4 SufTex 10.

Name

he alfo called Burrow-head, Burjholder, Third-borow, may be the Rent paid to the Lord of the Fee, accord- for Liberty to ufe thofe Engines. Tithing-man, Chief-pledge or Burrow-elder, ing to the Divcrlity of Speech in feveral Places. IgeOa, A Hithe, or Port, a Wharf, or landing Of this fee Lambard in his Explication of Saxon Place. As in this Charter of Adelida, Wife o: Slant prtfentes <> futuri Words, verba Centuria, and in his Treatife of Con- King Henry I. and Smith de Rep. Angl. lib. 2. cap. 22. The quod EgoAdelid, Dei gratia Aitglovi > Regina, dedi Ecstables, fame Officer is now called a Confiable. Sec Con- clejia de Radings unoquoque anno in Natali Domini cenThe Hcadborough was the Chief of the ten tum folidos de heda mea ad faciendum anniverfarium fiable. or Domini met Regis Henrici, volo p firmiter preciPledges, the other nine were called Handborougbs inferior Pledges. See Fri- pio quod ipji fint primi centum folidi qui Jingulis annis Plegii manuales, i. e. mea Lonexierint &r- haberi poterint de prjtd.Ba heda bourg. li. or don, Cartular. de Radings, MS. fol. 5. XZtti(\<ftrvt Was an ExaSion of 40 Tefi. &>c. more, heretofore collected by the Sheriff of Nor- a. thumberland, of the Inhabitants of that County JEeoagium, Toll or Cuftom paid at the Hithe or twice in feven Years, that is, every third and Wharf, for landing Goods, fc^r. from which cuevery fourth Year, withotit any Account made ftomary Duties Exemption was granted by the to the King, which was therefore by the Statute King to fome particular Perfons and Societies. of 23 H- 6. cap. 7. clearly put out for ever. See Sintque Abbas 8? Monachi de Radinges fiP homi-

&

Fin*. nes eorum Of res ipforum quiet i de hedagiis Qp theloSee Head-pence. neis & omnibus exaHionibus & confuetudinibus per toIJeaD'fcllWr. ijralfang or igalBfanu, {Collifirigium) is com- tam Angliam. Cartular. Abbatix de Radinges. pounded of two Saxon Words Hals, i. e. Cottum, MS. f. 7. a. and Fang, Captura ; poena fcilicet, qua alicui collum igeglltlMff, the fame with Haybott. Sec Pillory. But Healfang Sec Hercia. l^Cia. firingatur, {Collifirigium). cannot fignify a Pillory in the Charter of Canutus l^CtuiineuiT). Salvo fervitio quatuor hominum, quo-

Common

de
'tis

Forefiis,

folidos

cap. 1 4. Et pro culpa fclvat Regi decern hbet tettio Anno per fex dies ad meum Heimineum faLani vo.ant Halfehang. Sometimes ciendum, apud Dodlefion. Charta Hugonis de Eoyquos taken for a pecuniary Puniflimcnt or Mulft, del. temp. H. 2. It fignifies an Haymcnr, or

Hedge-fence.

Ffi

igeirtfarr.

H
^emfarf.

E
n

Roof of a Houfe, is in the Weftcrn Parts called r Infolutis tldem Domina pro the Word be borrowed of a Hellier. quodam $fir, Bares, Though the Latin, yet it hath not altogether the fame Hclowe-wall unit's domus apud Cartbyngton annuatint den. Paroch. Antiq. p. 573. The Hollen in the that it hath with the CiviSignification with us lians ; for whereas they call Haredem, qui ex tefta- North is a Wall fct before Dwelling Houfes to mento fuccedit in imiverfum jus Teftatoris; the Com- fecure the Family from the Blafts of Wind mon Law calls him Heir, that fucceeds by Right rufhing in when the Heck or Door ts open: To Man's Lands or Tenements in which moil on that Side next the Hearth or of Blood in
See Hinefare.

fon of Honour or Worfhip, Anno 3 Edw. 4. cap. Part of it. Every Heir having Lands by 5. and 24 Hen. 8. cap. 13. It is written Henxman, greatcft An- Anno 6 Hen. 8. cap. 1. Defcent, is bound by the binding Acts of his ISetieDpenp, A cuftomary Payment of Money ceftors, if he be named: or Qui fentit commodum, inftcad of Hens at Cbriftmas : From the Saxon onus. Co. on Lit. f. 7,8. debet fenfire Hen, Gallina, and Penning, denarius. Sint quieti de ^LafMrrtr. See Lap $fir4ccm, (of the Saxon Heier, i. e. Hares, cbevagio &> Henedpeny, fc> Buckjlall &> triftris, &c. and Leome, i. c. Membmm) The Word by Time Monaft. z Tom. 827. In a Charter of Edw. 3. hath a more general Signification than at firft it confirming many Privileges to the Priory of did bear, comprehending all Implements of Houf- Pulton, 23 Edw.^$. quieti jint de fengelhold, as Tables, Preffes, Cupboards, Bedftcads, dis, hornegeldis, fir- penygeldis, &= Tbenedirypeny, Hunwhich, by the Cuftom dredifpeny, c> de Meskennyng, &P de cbevagio, Wainfcot, and fuch like of fome Countries, having belonged to a Houfe henedpeny, Mon. Buceftall, triftris, certain Defcents, are never inventoried after the Angl. torn. 2. pag. 327. a. Du Frefne thinks it Dcceafe of the Owner, as Chattels, but accrue to may be Hen-peny, gallinagium, or a Compofition the Heir with the Houfe it felf by Cuftom. Spel- for Eggs. But poftibly it is mifprinted Henedman fays of it, Omne utenjile robuftius quod ab adi- peny for Heved-peny, or Head-pcny. more quovon bus ^tnetoare, A Duty to the King in Cambridgefacile revellitur, idecque ex rundam loccrum ad haredem tranfit, tanquam tnem- pire. Dome/day.

Common Law nothing paffeth Moveables, or Jure bareditatis, but only Fee Chattels immovable, are given by Tcftament to whom the Teftator lifteth, or elfe arc at the Difof the Ordinary, to be diftributed as he pofition in Confcience thinketh meet. Caffanaus in tonfuetud. Burg. pag. 909. hath a Diftin&ion of Hares, our which, in fome Sort, accordeth well with Law for he faith, There is litres fanguinis And a Man may be' Hares fanguinis harcditatis. with us, that is, Heir apparent to his Father or Anceftor; and yet may, upon Difplcafure, be defeated of his Inheritance, or at lcaft the
Fee, for by
the
; ;

any

Chimney
i^fm.

is

affixt

a Screen of

Wood

or Stone.

See Mr. Rennet's

ris,

Glojjfary.

&

The Ovens wherein the Lapis Calaminaor Calamine is baked, have a Hearth made on one Side of the Oven, divided from the Oven it felf by a Partition open at the Top, by which the Flame panes over, and fo heats and bakes the Calamine. This Partition is called the Hem
in Somer/etjhire.

[German

Qui equo innititur bellkcfo, From the a War-Horfe: With us it figniHengjl, fics one that runs on Foot, attending upon a Pert^eriCl)uian,

&

&

&

&

And Co. on Lit. fcl. .18. fays, l^cnfarf , An Amerciament for Flight for MurHundredi de Stretford in Com. Oxon. eft der. Domefday. Confuetudo Prifon, Gaol or HgWglKtl, (Saxon Hengen) qucd htredes tenementorum infra Hundredam praditlam exiften. poft mortem antecefforum fuorum habebunt, Houfe of Correction. Si quis amicis deftitutus, vel QPc. Principalium, Anglice an Heyre-loom, viz. de alienigena, ad tantum laborem veniat, ut ami urn non
briim
hareditatis.

quodam genere catallorum, uter.filium, &c, optimum babeat, in prima accufatione ponatur in Hengen, c> optimam carucam, optimum cypbum, ibi fuftineat donee ad Dei judicium vadat. LL. Hen plauftrum, 1. cap. 65. &c.
IJenfltDltP, Significat quietantiam igCinfare alias line*farr , Lifcejfo famuli a T>0' mino. The Word is compounded of H.ne, a Ser- Latrone fufpenfo abfque conjidcratione. vant, and Fare, an old Englijh Word fignifying a cap. 47. Sec Hankwit.

mifericordia de

Flcta, lib.

Paflage.

*J,fO,jPrYSf, The fame with Husfeftane, i.e. the JEra, or Computati- Mafter of a Family : From the Saxon Heorphfaft, on of Time, beginning from the Flight of Mabo- i. e. fixed to the Houfe or Hearth Non fit aliqua iiberorum reBitudine dignus, met from Rome, which was, July 1 6. Anno fit Heordfefte, Jit jolgaCbrifti in Hundredo 611. in Plegio rius, Jit confiitutus. Leges igena, Servitium, Inter placita de temp. Jo. Canuti, cap. 40. See Hurderefcrft.

tyeQtra,

The Mahometan

&

Regis, Northampton 50.

Kjeifling, to

$K0?Drnnp, Olim Romcfcot poftea PeterFrom the Saxon Heortb, focus, and Penh our Half-penny. Sec Peter-pence and Romcfcot. denarius. Qmnis quivalent Inter i^rltn, Thatch or Straw. antiquas confue- heordpeni reddat ad Feftum S. Petri, qui von pertudines Abbatia de S. Edmundo in villa de folveret ad terminum ilium deferat eum Roma. Leges Herdwyke Cuftumarius triturabit & mundabit Edgari Regis, cap. 5. apud Bromptonum.

&

Brafs Coin

among

the Saxons, e- Pence

&

pro quolibet open dimidiam

bladi

fummam

de quolibet genert

Qp habebit in menfuram grangiarum receffu fuo quando triturat ad grangias ai qupdlibet opus quantum poffit femel colligere de foragio tunc triturato cum ra/lello, '& dicitur helm. Ex Cartular. S. Edmundi. MS. f. 321. igetOtoPtt>an, The Hell-Walls, or Eod-wall, that covers and defends the Reft of the Building. From Saxon Helan, to cover or heal, whence a Thatcher, Slater, or Tiler, who covers the
per

be derived from two Dutch Words, viz. Here, exand Healt, pugil ercitus, magnanimus: As if he be called, The "Champion of the Army. With us it fignifieth an Officer at Arms, whoie Bufincfs is to denounce War, to proclaim Peace, or otherwife be employed by the King in martial Meflages, or other Bufincfs The Romans called them pl u
:

l^eralO, tytralt or tyaroft;, Italian Heralds, Fr. Herault, quafi herus altus. Verftegan thinks it may

rally Feciales.

Polydore,

lib.

19.

defcribes

them
thus

HE
thus,
1
.
' ,

HE

Reddendo inde annuatim It.ibcnt infuper Apparitores minifiros, quos He- de Alflcdcmorc cum pertin raldos dicunt, quorum prjtfeBus Arniorum Rex vocita-\fex fagittas barbatas ad feflum St. Mich. Salvo mthi tut ; hii belli &P pacts tiuntii ; ducibus, Comitibufque Qf Mart;, uxori me*, quod hoi in prtdicla terra habea Rege faBis infignia aptant, ac eorum funera curant. bimus Libcrum Herbagium ad nobis cujlum nojlrum Nny more, They arc the Judges and Examiners Sp omnibus bominibus nojlris de familia nojlra tranof Gcntlemens Arms, marflial all the Solcntni- \feuntibui, Sfc. Sine Dat. Penes Will. Dugdalc
tics at the

bates,

Coronations of Princes, manage Com- Arm. and fuch like There is one and the fame Ule of them with us and the French, whence we lbrrbflfiitim snrrriusr, The firft Crop of Grafs have their Name ; and what their Office is with or Hay in Oppofition to After- Math and fecond Dicunt quod ejl communis via, Cf them, fee Licpanus, lib. I. de Magijl. Francor. cap. Cutting There be divers of them with us, fua communis pajlura, tjuum feenum 6 anlerius Hcraldi. whereof three being the Chief, are called Kings herbagium amoveantur. Antiq. Parochial, pag. And of them Garter is the Principal, 459at Arms. inftitutcd and created by Henry the Fifth, Stows From the Saxon Her, Hie tyerberp, An Inn AnnaU, p. 584. wliofc Office is to attend Knights and Bergen, abfondere ; or from Here, exercitus, of the Garter at their Solemnities, and to mar- and Bergen, tegere ; bine Hereberga fignifcat Caflial the Funerals of all the greater Nobility ; as Jlra. Earls, Vifcounts Princes, Dukes, Marquefles, ^frhrngrr, From the French Hcrherger, that Fo- is, and Barons. And in Ploiuden, in Reniger and Hofpitio accipere, fignificth an Officer in the we read that Edward the Fourth King's Houfc, that allottcth the Noblemen, and gajfa's Cafe, granted the Office of King of Heralds to one thofe of the Houfhold their Lodgings. K.tcbin, Garter, Cum ftudis 8* proficuis ab antiiuo, &c. fol. fol. 1 7<S. ufes it for an Inn-keeper. 11. The next is Clarentius, ordained by Edward if PrUerfliUIlum. Peter de Marlon gave the Monks for he attaining the Dukedom of of Blytb Abbey Timber to make Herbergagia, I. e. the Fourth, Clarence, by the Death of his Brother George, Lodgings to receive Gucrts in the Way of Hofwhom lie beheaded for afpiring to the Crown, pitclity, ut opinor. made the Herald, which properly belonged to the lft crbfraatHB, Volo etiam quod Burgenfes met moDuke of Clarence, a King at Arms, and called lent omnia blada fua fuper terram de Altringbam trefhim Clarentius ; his proper Office is to marfhal ctntia, vel in eadem Villa Herbergata, ad molendianddifpofe the Funerals of all the leffer Nobili- na mea, pro oBavo decimo vafe multur*. Chart* as Knights and Efquircs, through the Realm, Hamonis de Marty, fine dat. i. e. Hofpitio expenfa, ty, on the South Side of Trent. The third is Norrcy, or fpent in an Inn. is the fame on the Northigcrntgerr, IDfrebigerP, To harbour, to enterNortb-roy, whofe Office Saxon here berg, fide of Trent that Clarentius hath on this Side, tain, from Heribergum, Heriberga. Ballivi prtceperunt as may well appear by his Name, fignifying the a Houfc of Entertainment northern King, or King of the North- parts. civibus fujficientiam domorum ad herbigandum Qp ad in anno JuliUo apud CantuBefides thefc, there be fix other properly called hofpitandum populum as they ariam 1420. Somner's Antiq. p. 248. Hence our Heralds, according to their Original, were created to attend Dukes, (***. in martial Herbinger, or Harbinger, who provides Harbour or Expeditions, (fa York, Lancajler, Somerfet, Rib- Houfe-room, &V. mond, Chejler and Windfor. Laftly, there be four ^frburjjflB, i.e. Inn-keepers. other called Marshals, or Purfuyvants at Arms, Fleta, lib. a. IthTCF, A Harrow, Lat. Hercia. reckoned after a Sort in the Number of Heralds, cap. 77. Carucas SP Hercias reparare, and in Domefand do commonly fucceed in the Place of the day, per Gale, fol. 7^0. Habet Rex, &V. unum juAnd gum de ora Of unum jngum de Hercc. Heralds, when they die, or be preferred thofe he Blue-mantle, Rouge-croft, Rouge-dragon and B)f Ifiare, (from the French Hercer, to Harrow) Herciabant aJ Curiam Domini, i. e. Arabant Portcullis. Thcfe Heralds arc by fome Authors called Nuncii facri, and by the ancient Romans Feciales, They did plough and harrow at the Manor of who were Priefts. itam Numa Pompilius divini the Lord. 4 Infl. fol 270. it fignifies alfo in oBopartes ciiltui " ita etiam Igerrifl. The fame with tierce ; in/litHtionem divijit, in the factrdoiitm 0B0 ordines conjlituit, Qpc. Septimam partem a Candleflick fet up in Churches, made eorum adjecit, qui Fcciales Form of an Harrow ; in which many Candles facrt conjlitutionis collegia Die fcpultur* c> die mer.fis, 8f pro vocantur : Erant autem ex optimis domibus viri eleBi, were placed. &c. quorum partes in eo verfabantur, ut fidei corporefiBo, i. e. Cenotapbium, cum Hercia, i.e. Candafilled public* inter pofttlos prtejfent, neque jtijrum ttliquod labro in Hercia: modum confeBo, which was bellum {ere cenfebatur, niji id per Feciales ejfet in- with fevcral Candles, and placed ad caput Ceno: :

&

dicium.
Stat.

num.
man's

Corafius Mifcel. juris civil is, lib. 1 cap. 12. Kings at Arms arc mentioned in
3..

taphii.

14 Car.
Glojfary.

35.

Of

thefe, fee

more

Iferrultf in Speljbire.

P^OmOnfO^iUtn,

Hertly Point

in Devon-

HVrtlcltiicl) or ^crDetmr, (Herdewycha) a Grange of the or Place for Cattle and Husbandry. Et unam HerEarth, produced by Nature for the Bite or dewycham apud Hethcotun in Peco, &c. Mon. Angl. Mouth of the Cattle but is moft commonly 3 part. fol. ufed for a Liberty that a Man hath to feed his ^frPtpprcb, pfOVDtomb, Herdfman's Work, Cattle in another Man's Ground, as in the Fo- or cuftomary Labours done by the Shepherds, and other inferiour Tenants at the rcft, &*c. Cromp. fur. fol. 197. Occurrit frequent pro Hcrdfmcn, Cum autem in bofcis jure depafendi alienum folum ut in Forejlis, fays the Will of their Lord.

Uf rbafl'', Harbagium,

Fruit Signifies the

learned Spelman

rid. OMnibus
dediffe

nojlris

aliqua fucciderimus,

licebit cis

ramento vel aliquo

uftilio fuccibili

fine aliquo ferintrare, & ramali*

Hugo de Logiis falutem. Sciatis me qua de toyvede remanferint, qu* Anglice Sprcn dicunBee Jiquidem habent pro epere quod. Tliema de Erdyngton totam terram meam fur, colligere.
Anglic*

H
Angl'ue tant per
Jei aut
;

E
Houldon
tario,

H
conftruxit

E
.

Herdwcrch dicitur, pro quo in Autumpno me- tended our Prelates and Nobility Thomas unamquamq familiam aut dimidiam acram tr- Langley Epifcepui Vunelmenfis apud manerium de
virgatam p dimidiam frumenti, aut tantundem Anno 1166. Regift. Ecclcfiae Chrifti,
totas portas occidentales cpere

camtn-

awns..

per quas tranfterint ad

Cant.

MS.

Hift.

hcretum vel pomarium. Dunclm. apud Whartoni Angl. Sac. Pars 1.

his P*g- 77*l^ereboff, King's Edift, commanding tjerga, Harrow. Subje&s inco the Field From the Saxon Here, Igcrgripa, Pulling by the Hair; from the Sax. exercitus, and Bode, a Meffengcr. tyerenttnbfl, IMrtumba. Trefdecem acras Har, capillus, and Grypan, capere: Si quit aliquem S dimidiam terra verfus hercumbam de dominico per capillos arripiat, tantum emendat quantum de mo meo in hercumba de dominico meo xll. Colpo faceret, id eft, quinque denarios de Heregripa. acras ft* dimidiam Cartular. Abbat. Gla- Leg. H. 1. cap. 94. Sort of Garment fo called the fton. MS. fol. 55. a. It is in other Parts of llmaalDa,
:

The

fame
lida.

Cbartulary called Hertcumba,

and Hertcumba- Capas autem tum habentes

Signify
all

deferant claufas Sacerdotes,

ubique,

&

Qp perfona-

non amplius utantur Heri-

fl>erftirtamenf,

H<ereditamenta,

galdis.

fuch Things immoveable, be they corporeal or ^eringfxlbfr, It feems to be a Compofition in an Equivalent for the Cuftom of incorporeal, as a Man may have to himfelf, and Money, as his Heirs, by Way of Inheritance ; (See 51 H. 8. paying fo many Herrings, for the Provision of a not being othcrwife bequeathed, do religious Houl'e Eft quadam covfuetudo in cap. 2) or villa de wylegh ubi villani tenentes debent fohere quilinaturally, and of Courfc dcfccnd to him which of Blood, and fall not within the bet pro tenemento fuo Hering-filver, fcil. 1. den. oh. is next Heir Compafs of an Executor or Adminiftratdr as Abbati de Celechefter. Placita Term. S. Trinit. 18
Chattels do. It is a Word of large Extent, and much ufed in Conveyances ; for by the Grant of
Hereditaments, Ifles, Seigniories, Manors, Houfes and Lands of all Sorts, Charters, Rents, Servi

Edw.

1.

if eriOt. c

Ii?erireit,

Here,

and whatever may be inherited, will pafe. Co. on Lit. fol 6. Hsreditamentum eft omne quod jure hasreditario ad hasredem tranfeat. Haerediramcnta corporea (according to Judge Doderidge) are Revenues local, and of annual Value. Hift. of Wales, f. 90 IJWefaiT, (Saxon) Profeffio militaris expeditio.
ccs,

Advowfons, Commons,

Rout.

Sec Hariot. See Pretium fepulchri. Idem ut Herenames : From the Saxon an Army, and Kit, agmen, which we call
Military Service, or Knight's Fee: the Saxon Here, an and

IgerifcliilD,

From
fcutum.

Army,

Scyli,

HJtrifhit,

Laying down of Arms

From

the

Sec Subfit'y. Warfare.

glice
I'uii.

military

Non Expedition, a going to

&

Sax. Here, exercitus, and Slitan, fcijfurailhTlfcinbiuttl, A Divifion of Houfliold Goods:

am

C^eregpaf or eregff, Dicitur jufta relevatio, AnHariot. MS. in Bibl. Cotton, fub Tit. Vitel-

Hariot. From the Saxigermer, i. e. A great Lord (Saxon) Pecunia feu tributum afendo on Hera, Major, and Mare, dominus. Du Cange. e. A Tribute or Tax levied for exercitui coUatum. Mus Ponticm, A Moufe of $ermil1U0, whofe Skins we have Ermine. the Maintenance of an Army. See Subftdy. A Sort of little FHh, perhaps Mil^crfllllfi, iHmwtagf, {.Retmitagium) The Habitation of Slathwere reddit a Hermite, a folitary Place. Vulgariter autem lo nows, or rather Gudgeons tria millia anguillarum unum mille ex hcrellis, 6p cus ifte a laicis Hcremitagium nuncupatur, propter Chartular. Glafton. folitudinem ; non quod Heremita aUqmii aliquo tempore funt xxviii virgau terra.

Army, and

toties fieri placet Hcrefcindia mecum, i. not plcafcd fo often to divide my Goods. tjeriftali, ACaftle, from the Saxon Here,

e.

an

Stall, ftatio.

C. 9.

See

fyert'gflt',

/*.

&

MS.

f.

39.

ibidem folebat cenverfari.

IDerniacl),

An Archdeacon.
alias iperpfeam,

Mon. Angl.

a par.

f.

339.

b.

according to Co. 4. Inft. fol. 128. whom rather incline to follow, than him who would iaftead of Sliten, to depart, put in Jlitan, fcindere. tyZXttn]>X\t8, The fame' with Herenames. See Haretico comburendo. $j!eretiC0 COmburenuO. igeretoche, The General of an Army : From the Saxon Here, exercitus, and Togen, ducere; but the Herotochi were the Barons of the Realm, and inferior to Earls and Vifcounts. Interfunt Epifcopi Comites, Vice'omites, Hcretochii, Trithingr&vi, Ledto depart,
I

fijermito^ium Is by fome Authors confounded with Hermitagium ; but I have feen it diftinguiflito fignify the Chapel or Place of Prayer, exercitus, and cd, belonging to an Hermitage, for I find in an old Charter, Capella five Hcrmitorium. Erimitorium ^fl'EfcijilD, The fiimc with Seutage. igereffita or Jt>ereu"a, or IDmllij, Denotes a in bofco D. Ducis petiit, ibique domum ham aliquant* hired Souldier, that departs without Licence, tempore ecluit. Knighton, lib. 5. derived from the Saxon Here, exercitus, and Sliten, igernefeiUBf, Herons. TJnherfts, &V. Willielmus

^erenomce

One who
Ina,

follows
1

an Army of Rebels.

Lamb. Leges In exercitu pradatorum,&c. from Here, Team, fequela.

cap.

5.

me

Permijpone divina, Prior Elien. conceftife Willielmo Seman

& Com.

&>c. Noveritis

pannagii

& avium

Cum

proficuo

vocat.

Herenefcns, in dido parco

nidifcantium cowpellis de Hernefens, &c. dat. 1 Mail, anno 19 lien. 6. Ex Cartular. Ecclcfia: Elienfis, penes Joh. Epifcop. Norwic. MS. f. 33.
iEfrnefiuni, Anciently ufed for the Tackle or Furniture of a Ship. Cepit etiam in pradiffa navi Herncfia ad navem illam fpeBantia. PI. Pari. 22.

Salvis nobis dnobus

grevi.

Edw. 1. Cange. Leader or Commander of mil^rnffium, ^ernafium, From the Teuton. See at large the Name and Office Hamas, Englifli Rarnefs. It litary Forces fignified any Sort of in the Laws of Edward the Confejfor. cap. 3 5. De Furniture of a Houfc, Implements of Trade, or Hcretochiis. Rigging of a Ship. Men/a principalis, ubi Arigeretutn, A Court or Yard for drawing up the chiepifcopi comedere folint, adeo fe coepit fubito excuteGuards or military Retinue, which ufually at- re. quod Hernefium eorum totum, fellas fcilicet,
Leg.
1.

Du

l$eretOCl)ta#,
:

&

H
&> diteUas, &

E
ad
terrain
I

H
&

cum perdicibus, (ifl omnia amerciament* dt Efcapiis animaM. Blount lo' apud Whartoni l/urn temp. Edw. II L fragore dejecerat. XJnam largam por- who confefles his Ignorance of the Meaning of Angl. Sacr. Pars I. p. 425. tam ad currus ca'reHas & urtam portam ad Hcyme&us. hcrnafia dulatitiidinem 0B0 pedum ad fummagia itiDsge, or Jgrfiaaf, (Hydagium,) was an excenda in venella inter domum, life. Mr. track's Anti- traordinary Tax payable ancichdy to the King W.ilterui Robbe cepit for every Hide of Land. Bradon, lib. 1. cap. 6. quities of Exeter, p. 14. ad na- writes thus of it: Sunt etiam qutcdam communes praquandam navem, 6fi inprxdiffa navi hcrncfia vem illam fpedantia, ad valentiam centum folidorum. fiantionn. qu*. fervitia non dicuntur, nee de confuttnPlacita Parliament, anno 22 Ed. 1. It was an O- dine veniunt , nifi cum ntceffitat intervrficrit, vet cunt to write the Word Rexvenerit ; fi.ut funt Hidagia, Corogia, & C4rvcrfight in Sir Henry Spelman alia plura de neceffitatt, ex confenfu from Fitzberbert, fol. 94. Hervefiitm inftead of Vagia, com muni totius regni introduHa, Sfqua ad Dominum Hernefium : Which made him unable to give any feudi non pertinent, &>c. King JEtbeldred, in the Explication of it. t^erOUOfF, the fame with Heralds : Et afpftebant Year of thrift 994. when the Danes landed at taxed all his Land by Hides eis quatuor duces, &>c. bene ad xftimationem Heroudcs, Sandwich, Every 310 ILdes of Land found one Ship furnifhed, and eQPc. Knighton, p. 2571. See Fred- vcry 8 Hides found one Jack, and one Saddle, 9trpfat t A Place of Immunity. for Defence of the Realm. mortel. Willielmus Conqueftor de $1 II)ip, idem ut Hcrifchild. unaquaque Hida per Angliam fex folidos ac.epit. Ilorcn. VVigorn. in anno 1084. Sec Henia. Sometimes Hifc)erfia. ad quandam Hcfiam ante Meffuagi- dage was taken for the being quit of that Tax , fy> fifl. Vfcfue urn mil. Warin. Charta Antiq. The Word fig- which was alfo called Hyde.gyld. trMCif and @tiin did anciently niticsan Eafement: Afeendendo per veterem fepem, fignify arable Coke on Littl. fol. 85. b. For of 1J, to vetus foffatum haiifiam uftjue ad Hcfiam Land. fie per Gain the Land was as much as to till it. See Du Cange, in verbo Afi*. txtra bofium. of the Lat. Gainage. tytfta or l^ftftlfl, (a Corruption Terr* ad Htka) a little Loaf of Bread. Dome/day. See IglOf Unltf, (Sax. Hydelander.)
cxtera ftippofita

Girald. Cambr.

&

&

&

&

In redeundo Athelftanus, IglOe Of JLanO, (Sax. Hyde-Lands, from Hyden, dedinavit per Ebor. verfus Bc- Tegere.) Tanta fundi pertio quanta unico per annum pofiperaiiam vicloriam, verlacum, ac nonnuMas poffeffiones redimendo, Cultel- coli poterat aratro ; Kiel qut, familid uni fuftentand* lum per eum ibi depofitum, dedit Deo gloriofo Conj ef- fujfueret. Plough-Land. In an old Manufcript ac feptem Preshyteris ibidem it is faid to be 1 20 Acres. Bede calls it Familiam, fort Johanni pr&di&o, Deo fervientibus. Qtiafdam avenas, vulgariter diHas and fays it is as much as will maintain a Family.
vera

Rufea. tytQ C0,jn,

fe;t

teHum

HyeUm

pertinentes.

Rex

&

Hclt-corn, percipiendas de Dommiis fer> Ecclefiis in it Others call it Manfiim, Manentem, Cafatam, CarudiBa Edcfix ufque in pra- catam, SuUingam, CJV. Crtmpton, in his JurifdiH. partibus, quas Mini/In Mon. Angl. 2 par. f. 222. fays a Hide of Land contains one hundred fens percipiunt pacificec? quiete. f. b. Acres, and eight Hida make a Knight's Fee. 367. or young Cockerill Quando Hull autem Anglice vocatur terra unius aratri rulturt l?efll).i, a Capon Rex ibi veniebat, reddebat ei unaqux.ue carucata 200 Hift. lib. 6. tens per annum. Henry
lis
:

fuffi,
f.

Hunting.

Hcfthas.

Coke holds, That a idem quod Hedge. Knight's Fee, a Hide or Plough-Land, a YardFrom the Sax. Healf, Land, or Oxgang of Land, do not contain any tyUUflb02tlt, a Surety. Dimidium, and Borgb, debitor, vtt fidejitfor. guja certain Number of Acres. On Littl. f. 69. The Du Diftribution of England by Hides of Land is very qui fdejubet, debitorem fe quedammeda eonftitult. ancient ; for there is Mention of them in the Frelhe in verbo.
Celtic.

Domefday. Tit.

206.

b.

But

Sir

Edw.

IftCUCl).

f ram. it, Anciently Hapufiald and Har.gitlftad, Laws of King Ina, c. 14. Henricus I. maritanda flit, was formerly a County of it fclf, and a rran- fu* gratia Imperatori, cepit ab unaquaque Hida chife, where the King's Writ went not: But by Angli* tres fol. Spelman. And fee Cam. Brit, the Statuic of 14 El. cap. 13. Hexam and Hexam- fol. 158. be within the County of Northumberigwel {Anno 1 H. 7. c. 6.) fignifies a Place of fiire fbalt land. See 4 Inft. f. 22. It was al'u of old a Protection, or a Sanctuary. IgiOgilO ((' LL. Canuti R.) exponitiir pretium Bifhoprick by the Name of Epifiopatus HuguFrom the Sax. See Mon. Angl. 2 par. fol. 91. Soc Axe- redemptions aut manumijfionis fervi.
jlaldinfis.

lodunum. H IT bOtC.
1 )

the Skin, and Gild, pretium, i. e. the i. e. Price by which he redeemcth his Skin, that is, loBf. Rogcrus PWor & Convtntus Ec- redeemed it from being whipped. Si liber feflis Cantuar. quietos clamant Magiftrum diebns operetur, perdat libertatem ; Chrifii defix fi fervics, curium Fratres Hofpitalii S. Marit. de Ofprcng, fip eorum Suc- perd.it vei Hidgildum, i. e. Let him be ;
HiJe,

See Haybote.

&

whipped

ctffores

the Punifhmcnt for Servants. Vtl i. e. Let him pay for his Skin ; by antra, de Averfeher, Lambfelver, t'y tribus bufellis ordei, qua which Payment he is to be excufed from WhipAdc- ping. See Hudegjld. confuetudines nobis fieri folent in curia nojlra de dat menfe Febr. 1242. Sec Heirloom. fham. lijierloom. Regiftr. Ecclefi* Chrifti Cantuar. MS- penes Joh. Norwic. Iljii* tfftibufl, Thefc Words were anciently adwhere Heylode feems to (ignify a cufto- ded in Deeds after the In cujus rei Epifcopum, tefiimenium and mary Load or Burden laid upon the inferi- written with the fame Hand as the Deed, which or Tenants for mending or repairing the Heys or Witncfles were called, the Deed read, and then their Names entrcd And this Claufe of hits teftiHedges. A Net for catching Conies, a bus in Subjects Deeds continued till the Reign il.cyrnfrtUP, Omnia Placita de leporibtis, re of Hen. 8. but now is quite left off. Co. on Litt. Hay or Hey- Net dibus, Heymettis, Teffonibus, vulp.bus, murilegis & fol. 6.
de
:

eonfuetuiinibus fubferiptis, 1 idelicet, de which was Hatetvite. Ripfeher, Wadelade, Heylodc Hidgildum,

gin.

H O
i^inOeni hominMf, a Society of Men ; from the Sax. Hindene, Societal : For in the Time of our Saxon Anccftcrs all Men were ranked into three Claffcs, the Loviefi, the Middle, and Highand were valued according to the Clafs they eft, were in ; that is, if any Injury was done, Satisfaction was to be made according to the Value or Worth of the Man to whom it was done. The were worth ten Pounds, Loweft were thofe who or two hunflred Shillings, and they were called Viri ducenteni, or Tivyhindemen, and their Wives the Middle were valued at fix hunTnsiyhir.das ;
clnffes defcribentes

HO
in

exercitu

tcm

obfiientes,

Anno 1350.

fie

ejufdem Edwardi CaleSub Comite habent.

Kildaria,

Bannerets 1, Knights I, Efqtiires 38, Hobilcrs 27, &V. Thcfe were Light Horfemcn, or certain Tenants, who, by their Tenure, were baund to maintain a little light Nag for certify* ing any Invafion, or fuch like Peril, towards the
Sea-fide, as Vortfmouth,

read 18 E.
cap. 8.

3.

Stat. i.e.

7.

&c. Of which you may and :> ejufdem, Stat. 5.

and Cam. Br itan. fol. 272. Duravit vocabulum ufque ad atatem H. 8. fays Spelman. Gentzdarmes Hobclours. See Prin's Animad. on 4 Infi. dred Shillings, and were called Sixhindemen, and fol. 307. Hobeleries, Rot. Pari. 21 E. 3. Sometheir Wives Sixhinda's ; the Highefi were valued times the Word fignifies thofe who ufed Bows at twelve hundred Shillings, and were called and Arrows, viz. Pro ivarda maris tempore guerrtc, Thorn. Twelfhindemen, and their Wives Tivelfhinda's. pro Hoberariis fagittariis inveniendis, &c. 12, 30, 31, 32. See Tiiii- Anno 1364. So in the Monaftic. Pro munitione Bromf. Leg. Alfredi cap. hindi and Twelvehindi. apparatibus hominum ad arma Hobelariorum fagitta of the Fami- riorum. it^ine, (Sax.) a Servant, or one in a more reftri&ivc i^GCrUS fatitf, It feems to be a Hoke, hole, or ly But it is now taken In which habuit Rex EdSenfc, for a Servant at Husbandry ; and the letter Pit of Salt. he that overfees the Reft. Anno 1 2 ivardus domus xi. & in v. plateis habebat Rex E.

&

&

Mafier-hine,

2. cap. 4. fuam partem. In tepeivich puteo Liv. faline & ii, ^llKfarf, or Hemfare, (frrn the Sax. Nine, a hocci reddmt vi. fol. &> viii. denar. In alio puteo Servant, and Fare, a Going or Pajfage,) the Lofs Helperis xvii. falin*.. In tertio puteo Midelmic xii ii. or Departure of a Servant from his Matter. Si falin* partes de i. hocco reddebant vi. folidos &

R.

quit

occidit

faciebat.

ccfterftiire. Regi xx s. &>c. centum fol emenIpOifrettcy, or Jijocquefeur, is an old French Domefday, Qui pacem Regis, tantundem dabat qui Foreftell vel Hcinfare Word for a Knight of the Poll, a decayed Man, a dabat Hift. Angl. Scriptores, a Dr. Gale, fol. Basket- carrier. 3 Part. Infi. fol. 175. Quenulen-

Heinfaram, det &c. Domefday, Tit. Arcenfeld. So in

hominem Regis
facit

&

&

viii. denarios.

Ex

Libro

Domefday,

VVor-

&

77*lljinesgrfu
Signijicat

quietantiam

tranfgrefpovis

querelant neu refpoignant ne foit furpris neu chefon per Hockettours, parent que la verite ne foit enfue. Stat.

iUaU

in

fervurn

tranfgredientem.

MS.

penes Arth.

Ragman.
^OCH;2rue0Da)>*^Onej',

Divifion of an Inheritance the Landlord, that his Tenants and Bond-Men among the Heirs. Goldm. di&. AHio Hircifcunds. might folemnize that Day on which the Englifb mattered the Danes, being the fecond Tuefday after See ABion mixt. Inter pla. Eafier-XVcek. See Mr. Philip's l^irt), Domejlica vel intrinfeca familia. Mifiaken Recompence, fol. 39. Trin7 12 E. 2. Ebor. 48. MS. fireman, a Subject. From the Sax. Hiran, $oga, l&oggia', ^ogium, lgocb,a Mountain or But I rather think it fignifies one who Hill. From the Germ. Hoogh, altus ; or from the Obedire. From Sax. Hou, Mons, the g being changed into u. Edferves in the King's Hall, to guard him. Du liiinus invenit quondam collem &P Hogam petrofam, Sf homo. the Sax. Hird, Aula, and Man, ibi villam quam vecavit Stanhotdificavit quandam

Trevor, Arm. i^trriftunDa,

Was

a Duty given

to

The

Cange.

iSjirff,

i^imfffa. See Overhirniffa. orl^urlr, a little Wood.

Domefday.

ii?iti)C.

See Hythe.
the
,

Iljlafogofncna,

Lord's

Protection.

giam, pofiea Sta pe* Stanhow, i. e. Montem lapidefum. Du Cange. Ogaff er, a little Hog. In legibus Forefiar. ScoFrom tic. cap. 7. Ifie eft modus pannagii, TIT. De qualibet

the

Sax.

Halford

\Dominus,
libero
5.

Nee Dominus homini

Leg. Adelftan, cap.

and Socn, libertas. cindra, Hlafordfocnam prohibeat. cum,

alfo

i.

&

c. de decern porcis,

Forefiarius

Rex habebit meliorem porunum Hogaftrum. It fignifies

ovile pro

Sheep.

Tertium

l^Iafocner, the Benefit of the Law. Sax. Laga., Lex, and Socn, libertas.

From

Hogaftris annatis

&

the

Fleta, lib. 2. cap. 79. juvenibus. Jgogfnljinf, re&ius, 3lgenliinp, i.e. Servus pro-

an unlawful Company, from feven to prius, i. e. Third Night own Servant, Is he that Qui de Hloth fuerit accufatus, abneget comes Gueftwilc to an Inn or Houfe, and lies centum viginti hidas, vel fie emendet ; that is, there the third Night, after which he is accountper He who is accufed for being at an unlawful Rout, ed of his Family in whofe Houfe he licth ; and let him purge himfelf tot Sacramentatibus quot is if he offend the King's Peace, his Hoft mutt be Let him clear him- anfwcrable for him. BraBon, lib. 3. traB. z. c. 10. qui 120 hidas afiimatur ; or, In the Laws of Ingiilphus, let forth by Lambard, he felf by a Mulft, which is called Hlothbota. i^iOthbc U, a Muli fet on him who is in a Riot. is called Agenhine, where you may read more of From the Sa*. Hloth, Turma, and Bote, Comper.fr,- this Matter. Vide Third-night -awne hine. A Sheep of the fecond tio. IgoggaciUtf, l^oggaSer, l^oaS^en, An ancient Gild or Fraternity at Year. -dgni primo computo pofiquam natifunt who dealt in Sea-coal, men- Agni xocantur fecundo anno Hoggattri. Et conjunNewcaftle upon Tine, tioned Stat. 21 Jac. 1. c. 3. guntur multones cum multonibus, & hurtardi cum hurJjOutErf, or l^O'Jller.P, (.Hobelarii) Erant mili tardis, Rcgulo Computi femellx cum ovibus. mediocri equo, ad om- domus de Farendon. MS. Centum oves paftes gregarii, levi armatura nem mot urn agili, fub Edvardo 3. in Gallia merentes. cantur, fcilicet, multones cum multonibus, matrices cum DiBi (iit rear) vel ab iftiufmodi equo, an Hobby appel- matricibui, hogacii cum hogaciis. Cartular. Abbat. a Gal. Hobille, Tunica. TabuU Glatton. MS. fo. 48. a. And indeed in many, late, vel potius
J^iofh,
thirty-five.

&

&

eipe-

HjO
especially after they lofc the Hogs, as in Kent, Tags.

H O
"

mage to his Lord, of whom he holdeth in chief, " he mall hold his Hands together between the Hog or Swine, beyond DjOflBUiS, ICofliffuji, " Hands of his Porcelli primo comthe Growth of a Pig. Lord, and fliall fay thus", / bevocantur, fecundo compoto Hog- come your Man, from this Day forth for Life, for poto pcfi.fuam natifunt Regula Compoti domus do Fa- Member, and for worldly Honour, and foals' owe you gi vocantur. rendon. MS. folvent eodem die fro porco my Faith, for the Land I hold of you, faving the Faith unum denarium, &> pro hogietto dimi- that I owe unto our Sovereign Lord the King, and to fuperannuavo Cartular. Radinges. MS. mine other Lords. And in this Manner the Lord of dii ami unum obolum. the Fee, for which 121. Homage is due, takcth Homage fol. called Hock-Tuefday , Diet of every Tenant as he cometh to the Land or HjOfefDap, Othcrwife Martis, quant Quindenam Pafbx vacant, the fe- Fee, Glanvil, lib. 0. cap. 1. except they be Wocond Tuefday after Eafier Week. A Day fo re- men, who perform not Homage, but by their markable in ancient Times, that I have feen a Husbands Yet Fitzerhert in hhNat. Brev. fo. I 57. Lcafc without Date, rcferving fo much Rent faith the Contrary. The Rcafon of this, Skene ad le Hokeday, giveth de verb, fignif. verbo Homagium, becaule Hopayable ad duos anni terminos, fit &> ad Fefium SanHi Mick Et ad Fefium St. Mich, mage fpecially concerneth Service in War. He cum tenere voluerit Senefchallus CurU de la Hele, ha- faith alfo, That confecrated Bilhops do no Hobebit de Celerario quinque alhoi panes r?p CofireUos fuos mage, but only Fealty ; and yet we find the ad idem Fefium pro Curia de Kin- Archbifliop of Canterbury do Homage on his Knees plenos Cerv/ji*, nerfdonc de privilegiis tenendis, habebit totidem, &> to our Kings at their Coronation, and it hath ad le Hokeday totidem. Mon. Angl. 1 Par. f. 550. been held, that the Bifhop of Sodor, in the IJle of And in b. ,And in the Accounts of Magdalen College in Man, is Homager to the Earl of Derby. an Allowance pro Mullerl- the Reg. Orig. fol. 206. that a Woman taking LiOxford there is yearly bus Hockantibus, i" fo.mc Manors of theirs in very of Lands holden by Knights-Service, muft where the Men bock the Women on do Homage, &c. Concerning the Homage of conHampshire, on Tuefday. See Hock-Tuef- fecrated Bifhops, read Fulbecke, fol. 20. in thefe Monday, and econtra The Meaning of it is, that on that Words. By our Law a religious Man may do day-Money. Day the Women in Merriment ftop the Ways Homage, but may not fay to his Lord, Ego devenlo with Ropes, and pull PalTengcrs to them, homo vefier, becaufc he hath profeflcd himfelf to to be laid ouc in pious be only God's Man but he may fay, I do unto defiring fovnething
Barrel.

the Northern Parts of England, Sheep nants to certain Services, but alfo took a SubmifName of Lambs, arc called fion, with Promife and Oath, to be true and loyal I to him as their Lord and Benefnttor. This Subl&OgflKaO Is a Mcafure of Wine, Oil, &V. milfion was and is called Homage, the Form where containing Haifa Pipe, the fourth Part of a Tun, of you have in the Second Statute 17 . i. in " When a Freeman mall do Hoor fixty-thrcc Gallons. Anno i R. 3. c. 13. Sec thefc Words,

I.

&

Ufes.
ISJolDcrnef0. Sec Parife pop. HJolDeB, Bailiffs of a Town or City.

you

Homage, and

to

you Jhall be Faithful and Loyal

Place ; for Holm in Saxon, is in Englijb an Hill cap. 27. The Reafon is becaufe it confiftcth moft or Cliff. commonly of fuch as owe Homage unto the Lord of the Fee ; and thefe, by the Feudlfts, are called iolffin<jtf. See Hufiings. Of this Homage yon may read in V?olt, A Wood or^Grove, a Saxon Word: To Pares CurU. which Holborn in London, owes its Name Jo- the 29th Chapter of the Grand Cufluman of Norhannes Hotbam Epifiopus fylienfis an. 1 3 20. perqulfivit mandy, and others not ufed by us. Sec further in
Barkeres cum Hotoman Difputat. de feudis, ad augmentationem Prior'atus Of Homage in p. 861. Holt. Hiftor. Scotland read Skene de verb, fignif. Tit. Homagium, quodam Alneto vocato Lyth-gates Elicn. apud Whartoni Angl. Sacr. Part I. fag. to whom you may alfo add a large Difcourfc in

See of this Brltton. cap. 08. Homage is alfo taken the in fomc Cafes to fignify the particular Place or Sax. Hold, i. e. fummut prttpofitus. Others are of Diftrict where the Services are to be performed, it fignifies a General ; for Hold in as thus, viz. Henrkus Rex, &>c. ft Abbas de Ramfey Opinion that Saxon doth alfo fignify fummut imperator. Comitis poterit monfirare quod nulius anttrejforum operaffet ad Weregildum, i. e. JEftimatio capitis, efi Ij milila Hominium de Brampton. Bratton, lib. 2. cap. 35. Thrympfa, Holdis &> fummi prpofitl quatuor miliia par. 12. Fleta, lib. 3. cap. .16, 17. Homage is Alured. de Weregildis. either new with the Fee, or Anccllrel, that is, Thrympft, Leges a River- where a Man and his Anceftors, Time out of iBoltri, (Sax.) Hulmus, infula amnica, Ifland, according to Be<ie ; or plain grafly Ground Mind, have held their Lands by Homage to their or in the Water, according Lord, whereby the Lord is tied to warrant the upon Water-fides, Cum duobus Holmis in campis de We- Land unto his Tenant. This Homage is ufed in to Cambdert. Mon. Angl. 2 Par. fol. 262. b. Therefore other Countries as well as Ours, and waswont to done. where any Place is called by that Name, or be called Hominium. Sec Hotoman de verbis feudawhere this Syllable is joined with any other in llbus, verbo Homo. Skene divides it into Ligeum non ligeum, de verbo verbo Homage , for the Names of Places,it fignifies a Place furroundfignif. cd with Water; as the Flatholmes, the Stepholmes, which fee Liege; and Hotoman, difputatione de near Brifiol: But if the Situation of the Place is feudis tertia. Homage is fometimes ufed for the not near the Water, then it may fignify a hilly Jury in a Court- Baron. Smith de Rep. Ang. lib. 2.

From

&

igomagt, HomagiuhX Probably derived from the Civilians, Tit. De feudis. The Steward of the homo, becaufc when thq Tenant docs this Service Lord may take Fealry, but not Homage. Seethe to his Lord, he fays, / become your Man ; It is al- Stat. 1 2 Car. 2. cap. 24. fo called Marbood. Co. on Litt. fol 64. The Frenh UO.nage aiuiicrflrfl, Is, where a Man and his Word imports as much as Fides clientelaris for Anceftors, Time out of Mind, held their Land of and if in the original Grants of Lands and Tenements their Lord and his Ancefiors by Homage, did not only tie hisTe- fuch Lord have received Homage, he is bound to by way of Fee, the Lord Gg acquit
;

643-

...

fpeculo Durandi,

commonly

called Speculator

among

HO
iicquit the
i

HO
;

It is alfo taken for an Impunity to thole who Tenant againft all other Lords above Ivm of every manner of Service, and if the Te- commit this Crime, -viz.. Homlbknc, hoc eft, quieant hath done Homage to his Lord, and is im- tus effe de amerciaments pro ingreffu hofpitii violenter Gp fine licenlia, fiP contra pacem Reiris, Qp quod pleaded, and vouches the Lord to Warranty, the Lord is bound to warrant him and if the teneatis plalta de hujufmodi tranfgrefficne in Cu Tenant lofe, he mail recover in Value againft ria leftta. W. Thorn, pag. 2030. See Hamfothe Lord fo much of the Lands as he had at that ken. Time of the Voucher, or any Time after. To l^OmiCinc, Homicidium, Is the Killing of a this Effect Littleton; upon which Coke fays, In his Man, and is divided into Voluntary tend Cafual : Example here put, There muft be a double Prefcription Homicide voluntary is that which is deliberate, Cafual and and committed of a fet Purpofe to kill both in tbe Blood of the Lord and the Tenant there is little or no Land at all at is done by Chance, without any Intention to kill. therefore 1 think, Yet (as one Homicide Voluntary is either with precedent Mathis Day holden by Homage Anccftrel. or without. The former is Murder, and is avers) in the Manor of Whitney in Herefordjhire, lice, whofe Lord is of the fame Name, and the Fami- a felonious Killing through, Malice prepenfed of is one Weft a any Perfon living in this Realm, under the ly has continued there many Ages, Tenant, who can prefcribe to hold his Land of King's Protc&ion. Weft. par. I. Symbol. Tit. InThomas Whitney F.<\; the prefent Lord, by Homage dictments, feB. 37. &>c. ufque 51. Where you
;
;

do tjemager, One that does, or is bound As, the Bilhop of Sodor, in the Ifle of Homage: Man, is faid to be Homager to the Earl of Derby. See Homage. ^omaglO rcfpetfranDo Is a Writ dirc&cd to the Efcheator ; commanding him to deliver Seifin of Lands to the Heir that is of full which Age, notwithftanding his Homage not done, to be performed before the Heir have ought fall out Livery, or his Lands; except there fome reafonable Caufe to hinder it. F. N. B. fol.
to

Anceftrel.

may

fee diverfe Subdivisions

alfo Glanvil, lib. 14. 1 7. 4. 1 5 Britton,

&

c. 3.

c.

5,

of this Matter. See BraB. lib. 3. traB. 2. cap. 6, 7. See Murder, Man,

slaughter

and Chancemedly.

itzominafio.

Domefday

Soibmanni de Rifden,

It

Tit.

Idcirco Epifcopus

minationem eorum.

(ignifics

Northampton clamat Hothe Muttering of

Men, according ing of Homage.

gtllt

to

Mr. Tate in MS. Alfo tke do-

269.

l^omagium reuDfre, when the Vaflal made

at> ciiffotiimiam wetatn fis p?0 ntf rrafO.'ibUfit rOttt is a Writ directed to a Corporation, for the Choice of a new Man to keep one Part of the Seal, appointed for StaTo renounce Homage, tutcs-Mercliant, when the other is dead, accorda folemn Declaration of ing to the Statute of ABon-Eurnel. Reg. of Writs,

Igorame eltgenM)

Difowning and Defying his Lord. For which, fol. 178. a. there was a fet Form and Method prefcribed by I&omtnp rpplpgiano'O Is a Writ to bail a Man Item reddere poterit Do- out of Prilbn In what Cafes it lies, fee F. N. B. the feudatary Laws. mino fuo homagium fuum, fimul cum tenemente, prop- fol. 6. Reg. Orig.fol. 77. and the New Book of En:

tries, verbo Homine replegiando. l&omtne capto in i$ruitt)ernamiutn Is a Writ to BraBon, This is the Meaning of take him, that hath taken any Bondman or Wolib. 2. cmp. 35. fed. 35. that Paflagc in Richardus Huguftaldenfis de Bello man, and led him out of the Country, fo that' Standard, p. 321. Itaque Robertus reddito h'omagio he or fhe cannot be replevied according to ad fuos focios reverfus eft. And Law. Reg. Orig.fol. 79. See alfo Withernam. quod ei fecerat of Matthew Parif. fub anno 1 1 88. tunc Rex Anglo^Otntnctf, A Sort of feudatary Tenants. They rum Regi Francmum fecit homagium, quia in princi- claimed a Privilege of having their Caufes and Pcrfons tried only in the Court of their Lord. pio hujus guerra homagium fuum reddidcrat Regi When Gerard de Camvil in 5 R. 1. was charged Francin. Jgatnfoca. with Trcafon and other high Mifdcmeanors, he igomffofefn, recti igatnfoften, (from the Sax, Ham, i. c. Domus, Habitatio, and pleaded, That he was Homo Comitisjohannis and Some, Libertas, Immunitasf) is by BraBon, lib. 3. would ftand to the Law or Juftice of his Court. Homefokcn dicitur Parochial Antiquit. p. 1 52. traB. 2. c. 23. thus defined -vel infultus l^omiplagtum is ufed in the Laws of H. 1. cap. invafio domus contra pacem Domini Regis, 80. for the Maiming a Man. Si quis in domo fallus in domo extra pacem Domini. It appears by that in ancient Times fome Men had an vel Curia Regis fecerit Homicidium vel HomiplaRaftal,

ter capitales

lam fuum,

&

inimkitias, ut liberius profequatur Apelfie

diffolvitur

homagium.

&

to do this. Si quis Hamfocam violave- gium. Home ftall, or Manfion-houfe. Slomffaff, jure Anglorum Regi emendet 5 libr. LL. Canuti, cap. 39. Hamfoken eft quod Prior tenebit Placita in As in a Charter granted about the 5 of Ed. 1. Dedi ires ololos redditus Curia fua de his qui ingrediuntur domum iel Curiam quos alien jus ad lhigandum, vel furandum, vel quicquid Henricus Malemeins confuevit annuatim folvere de uno tfportandum, iel aliquod aliud faciendum, contra * 0- itinere diBo Abbati Qp Conventui quod interjacet

Immunity

rit,

every Man hath in his Houfc; and he who invades that Freedom is properly faid facere HomeThis I take to be what we now call Burfoken. which is a Crime of a very heinous Naglary, ture, becaufe 'tis not only a Breach of the King's Peace, but a Breach of that Liberty which a Man hath in his Houfe, which, as we commonly fay, mould be his Caftle,and therefore ought not to be invaded. BraBon, lib' 3. traB. 2. cap. 23.

luntatem Hints qui debet domum >vel Curiam. Ex juxta domum Alani Sacrifta, &P duett verfus Horn. ftale. Cartular. Radinges. MS. fol. Reg. Priora. de Cokesford. See Hamfoken. Homefoken is the Privilege or Freedom which 39- b.

igonD'fjabmt) (from the Sax. Hond, Hand, and a Circumftance of manifeft Theft, when one is. deprehended with the Mainor or Mainover, i. e. the Thing ftolen in his
habens, having) fignifies

BraBon, lib. 3. traB. 2. cap. 8. 32, Qp 35. alfo ufes Handherend in the fame Senie. Sc. Latro manifeftus, fee Handhabend. So in Fleta, lib. 1. c. 38. Furtum manifeftum eft ubi aliquis latro de-

Hand.

who

Du

prehenfus feifitus de aliquo latrocinio

Cange.
1

&* Back-bcrinde,

&

Hand-habbind,
per aliquem
cujus

infe.utus fuerit

HO
cujus res
licet
ilia

HO
6^ ttnc
ut

fuerit, qux.

dicitur Sacborgb,

VVil.
f.

ComitisMarcfialfci.

In

Mon. Angl.

Par.

inftcutori

rem fuam

petere criminaliter

fu-

ratam. It alfo fignifici the Right which the Lord hath Hondhabend, Hand. of determining of this Offence in his Court.
C?0n0'{?eni'. Sint

This mould have been written lhda Thief taken with fangenetbef, and Signifies
724.
i.

c. H.xir.o

the

Thing

ftolcn in hii
fo

peny,
is

Qfc.

de cbevagio, Hondflonrnn Signifies a Valley in Domefday-Book quitti But there too do Hope, liawgh and Howgb. de Semplingbam. Priveleg.
is

no Declaration made, what

intended by

it.

$Oju
Bell,

4itir0ise,

Ideo

Qua

re.

or what

The Day-Bell, or Morning we now call the Four a Cluk Bell,

feodis,

the general Signification, was called Hora Auror.r, as our Eight a Clock Belt, is, befides ufed cfpccially for the more noble Sort of Seignio- or the Bell in the Evening, was their Ignitegium inferior Lordftiips or Manors or Covcrfeu. Sec Sm age Balliofergus, p. 39. ries, whereof other or SerFrom the Sax. Herd, li)Ojfiiia, a Treasurer. depend, by Performance of fomc Cuftoms vices to thole who arc Lords of them ; (though Tbefaurns. Et quictmque Hordern Regis vel prtpothe fame Leg. Adclftan. cap. 2. anciently Honour and Baronia fignificd fitus furi lonfentaneus erit. Things XJti Manerium plurimis gaudet (interdum apud Brompton. From whence we derive the fed plerumque) tenementis, confuetuMnibus, fer- Word Hard.

$jjOUr

&fc. It a Honor plurima comple'clitur plurima feoda militaria, plurima Regalia, &Vdiftus etiam olim eft Bencficium feu Feodum Rea Rege in Capite. Spclm. The gale, tentufque fern per Manner of creating thefe Honours, by At of out of the in Part be Parliament,
viciis,

Mane-

ria,

Nos H. Abbas de Niejufdtm loci Conventus remittimus Abbati Glafton x. Conventui fol. de turtio
pOZHtrrfgfln

wenham &

&

'

vicecom.

may

gathered

Statute of 33 H.
ton,

8.

<:.

by

St. Ofytbe, and Difpenfam, & ciftam fuam, &P trage, id eft frinium Kingfton upon Hull, as many other Honours as he will. fuum, debet ipfa uflodire. Oortrwtl palmttH. H*c Indent ur a teftaiur, q.-od In reading feveral approved Authors and Reunam virgatam terr* in Gil cords, I have oblcrved thefe following to have Rob. Beaufttt dedit redd, inde been likewfe Honours, viz,. The. Honours of Wig- lingham, quolibet anno ad Feft/tm S. more, Lancafter, Aquila, (formerly PeJnfey,) Clare Mich, quatupr Buffcllos ordci palmulis j?rw*< juxta TickbiU, Wailingford, Nottingham, Boloine, Weft and melius precium per duos denarios in Quarterio, &>c. Ed. 4. penes Alington Paynter Arm. DoubtEaft Greenwich, Bedford, Berkhamftead, Plimpton, Dat. 43 Crevtcure, Haganet, Windfor, Beau lieu , Peierel, Icfsthis is meant of Beer- Barley, which in NorSkipton, Wirmgay, Clurl, Raleigh, Montgomery, Hun folk is called Sprat-Barley, and Battledore Barley, tendon in Hereford[hire, "Eye, Baynard's Caftle, Glou- and ui the Marches of Wales, Cimridge, it being

And l^OJuerinm, A Hoard, a Treal'ure, a Spcnfc, the King is impowcrcd by or Repofitory. As in the Laws of King Canute, Letters Patent to crct four feveral Honours, vix104. Sedfuum hordcrium.^W dicere beffumus
and Hampton-Court, arc made Honours.
37

37, 58.

where Ampthil, Graf

&> vi. fol. viii. den. de quo-'am redditu <jj' vacatur Horderefgeld, unde placitavimus prxdiHum Abbatem Glafton. per Breve Domini Regis. Cartular. Abbat. Glafton. MS. f. 36/

8. c.

18.

Weftminfter, Donnington,

and

Richard's broader in the Ear, and more like a Hand than cefter, Arundel, Tremanton, Caftle, CbriftChurch, Heveyr.gham, Cockermoth, Bull'tngbroke, Staf- the Common Barley, which in old Deeds is calford, Barftahle, Wherivelton in Torkftnre, Strigul, led Hordeum Quadrageftmale. IpONU'bpame polirngprs Arc Trees fo called, Totneys, Werk, (Rot. Pipae 31 H. 2.) Comayls, Caudicot, Tbeony, Oakbampton, (had 92 Knights- that have been ufually lopped, and are about twenFees belonging to it,) Grentmefnil, Egremond, Ox- ty Years Growth, and therefore not tithable.
ford, Lincoln, Abergaveny, Dudley,

Tamwortb, Mow- Plowden, f. 407. Soby's Cafe. Middlebam, Hawerden-Caftle, ikcuneuelu Is a Compound from the Saxon Dover-Caftle, (Trin. 33 Edw. 1. Line. 46.) Carif- Word Horn, cornu, and geld, folutio, Minifying a broke, (Eft 9 Ed. 1.) Clifford Caftle, Kington, Folk- Tax within a Forcft, to be paid for horned Beafts. And to, be free thereof is a Hertford, Cromp. Jurif'.. 197. ingbam, Lelefter, Hinkley, Whitchurch, Newelme, Chefter, Lovetot, Pickering, Maidfton, Tut- Privilege granted by the King unto fuch as he thinkcth good. Idem ibid. &= Raftali in his Etpofitebury, Warwick, Brecnock, Brember, Halton, Gowber for John de Moubray in Ed. 3. wrote himfelf Do- tions of Words, Qujetum effe de omni olieclione in I'ore1 minus InfuU de Haxholm de Honoribus de Gowber de beftiii corr.utis ajjejf. 4 [lift. fol. 569. Et ftnt fta Qp Brember. And in a Charter of 5 H- 5- I find quieti de omnibus Geldis, Danegeldis, &" Volgeldis, Mention of the Honours of Kaermardin, Cardigan, Senegeldis, Horngcklis, &c. Diploma H. 3. and Glamorgan. Canonicis & Monialibus de Semplingham. See Subbray, Wtbley, Bononia,
;
1

&

&

&

&

Sciatis communiter,

me

accepijfe

in

manu
twneguini.
fee.

mea &
mefie,
El*

defenfione

totum

Honorem

Ecclefte

de Ra-\

Perhaps the fame with Horngeld,

Fy>c.

Sct. 174. The 4k uiftfr V>o^n. Iritli f0m, or 315, 407, $94, 690. e>c. Inquif. 10 Ed. 2. Coke's 4 Inft. f. 224.; promifcuous Feeding of Bulls and Cows, or all Mag. Charta, -.31. Reg. Orig. fol. 1. Cromp. furif. horned Beafts, that are allowed to run together This upon the fame Common. As in the Confticution fol. 115. Broke, Tit. Tenure, num.16, &>c. Word is ufed in the fame in other of Robert Bifhop of Durham, 1276. Similiter de

Charta Guilielmi I. See Cam. Britan. fol.

Abbaci Ranicf.: which

wn

Vom

Signification

Nations.
l^nnOlir-CcurtB

decimis

qu* de

varcis proveniunt

Statuendum dnximrs,

Arc Courts held within the quod ublcunque fuerit receptaculiim earum, licet inviciHonours aforcfaid, mentioned 33 H. 8. 37, and 37 nis parocbiis Horn with Horn, fecundum Anglicam H. 8. 18. linguam,pafcua qu*rant,iUi remaneat tota decima, nbi igono?ap ?erbicffif Arc fuch as arc incident fuerit ciomicilium Of remanentia.Spclman ; to, which to Grand Serjeanty, and annexed commonly to I need only add, that the Commoning of Cattcl fomc Honour. See 12 Car. 2. cap. 29. Horn with Horn, was properly when the InhabiliJOIUfOngetiefltef. Cum omnibus aliis libertatibus, tants of feveral Pariflies let their common Herds tantummodo Hontfongcnethef mihi retento. Charta run upon tiie lame open fpacious Common, (as Gg a no J

H O
now fuppofe on
,

H O
MS.f.i 51
.

Monachi RaOtmore) that lay within the the Houfes of their Tenants. Bounds of fcvcral Parifhes and therefore that dinge hahebur.t hoftclagium fuum in prtdiBo meffuathere might be no Difputc upon the Right of gio cum Merlebergam venerint. Cartular. Radinges.
Tithes, the Bifhop ordains, that the Cows fhould pay all Profit to the Minifter of theParifli where the Owner lived, &c.
/'.

e. out of his Fee ) is Kfttf DC foil JfeeCFr. an Exception to avoid an Action brought for Rent faciendo, him that pretends pannagio Jalicher, Qp omnibus aliis iffuing out of certain Land, by Services: Charta Hamonis to be the Lord, or for fomeCuftomsand Maffy. For if the Defendant can prove the Land to be

^Oderium, a Hoe, (Fr. Hone,) an Inftrumcnt ufed nioftly by Gardiners, and well known. Et fint quieti de Aratro & Hoftcrio, Sp frgtbus fecandis, feu colligendo, de de averiis, homagio

&
i.

&

&

confuetudinilus.

without the Compafs of his Fee, the Action

falls.

Sec Di-

il'ofrctfr,

Hojlellarius,

Cometh of

the French

JhiH and Broke,

ftOrtOltfjjium.

hoc titulo.

fignifieth with us thole that otherwife arc called Inn-Keepers. 9 E. 3. Suit. 1.

Hofleler,

Hofpes,

and

Sec Ortolagium.
Hojleliers,)

cap.

if,

We

now

vifually

term thole, that

in

In fome old Hftlers. Books the Word Hojfers occurs in the fame Scnfe; $>Olfl)a?, A Service to the King in Clefiaiv, and Free Hofters were fuch as entertained Stran- fays Dome/day ; but I think rather it fhould be written gers gratis. Hajla, becaufe it is fuppofed a Military Service. Item Torres gmerafifT, a Great Chamberlain. &>c. Sed ioluin Igofi:*, Hoaft-Bread, confecrated Wafers quod nullus feipfum hoffitare pr*[umat, omnes indifferent* the Eucharift or Hoft. Ifabel Countefs of mus, quantum ad hofpitia fertinet, Holy Hofpiti gencrali obediant, ficut nobis, fub poena, Albemarle confirmed to the Convent of Burcefior
Sttt.
3. is

feUffiUoL

(Fr.

Anno 31

3. cap.

z-

the Stable look to the Guefts Horfes in an Inn,

ul'cd

for Inn-Keepers.

nojiro

&c.

Du

Cangc.

five

Quarters of Bread-Corn,
in

ad holtias

Parochial Antiquit. domo prtdiBa. fyofpitaircr*, Hofpitalarii, From this Latin Hoftia Mr. Somner debuilt pag. 270. a religious Order, fo called, becaufe they duces the Saxon Hufel, the Lord's Supper, and an Hofpital at Jerufalem, wherein Pilgrims were to adminifter that Sacrament ; kept long the Fifth trans- Hujlian received. To thefe Pope Clement in our old Englifh, the Hufcl, and to Houfal. See a Council ferred the Templcrs, which Order, by for their Kennet's Gloffary. held at Vienne in France, he fupprefled and great Offences. The Inftitution or an Hofpitaller. many Stodtlariuje', the their Order was firft allowed by Pope Gelafus ParA Place or Room ^ofiillaria, igofptfulana, Second, Anno 1118. and confirmed hereby and had many Privileges granted them, in religious Houfes, allotted to the Ufe of reliament, of Tithes, &>c. You ceiving Guefts and Strangers, for the Care of as Immunities from Payment to them by which there was a peculiar Officer appointed, fhall find their Privileges referved Nos and you mail fee the called Hofiillarius, and Hofpitalarius. Magnet Charta, cap. 37. from the Willielmus Prior Elyen. &= ejufd. k.i Conventus ad Right of the King's Subjc&s vindicated Henrici fexti Regis concefftmus their lurildiaion, by the Statute of rogatum TJfurpation of in HoftilWe lim. 2. cap. 43. Their chief Abode is now in Jobanni Norys Armigero officium Botillarii Ex Cartular. Eccl. Elycn. an Ifland given them by the Emperor laria noftra EJienft Malta, were driven from MS. f. 34Charles the Fifth, after they ot Rhodes by Solyman the Magnificent, Emperor from Lat. A(lur, a Gofcalled ^oflrirUU, Aufiercus, the Turks ; and for that they are. now Manner of Broughton com. Oxon, in are mentioned 13 E. 1. hawk. The Knights of Malta. They of Erfw. II. was held by John Mauduit H. 3. cap. 37. Tho. Walfingham in the Reign cap. 43. and 9 hoftri; capiteper ferjeantiam mutandi unam All the Lands Hift. Ed. 2 and Stow's Annals, ibid. ilium hoftricum portandi -oel here in England were cum Domini Reg,is, and Goods of thefe Knights Domini Regis. Paroch. Antiquities,/^. the King, by 3a H- 8. cap. 34- See Ate. ad curiam given to 569. Ang. 2. par. f. 480. confof Chpot, In partem pofitio, (Fr. Hochepot, a with Procuration. Et of divers Things jumbled ^Ofpitium Is the fame a fufed Mingle-mangle nomine fu& legations cum exceffivo numero Hofpitia the Dutch it fignifies mmores vero and put together.) Among cunBis per Angliam exegit monajleriis ; with Herbs or Flefli cut into Pieces, and ibddcn non poterint, certa domtis, qux pondus Hofpitii ferre unlike that which the Romans called Roots, not fumrna , id ell, 0B0 vel quinque marcarum, Hofpitia That

were the Knights of

faciendas

a Pudding mixt of divers Infol. 1193. but by a Metaphor, fignifieth a Comgredients, Uredes met ac- mixture, or putting together of Lands of fcveral Has terras ego ttflffftgitltm &> Hoftagio &> Tenures, for the equal Divifion ot them, fol. 55. de Scutagio quietabimm erga Regem A Man fcifed of thirty Acres of Ertpofi- For Example. omni auxilio prater auxilia Vicecom. Mon. Angl. 1 Par. tol. Land in Fee, hath Iffue two Daughters, and gives &c. Hundredi, ti marries with one of his Daughters, to a Man that 348. b. her ten Acres of the fame Land in Frank-mamSee ProIs the fame with Hofpitium. of the other twenty Acres. Hofiagium age, and dies feifed curation. Now if flic that is thus married will have any her Father diA Right to receive Lodging Part of the twenty Acres whereof floffelacvium, her Lands, given in FrankLords in ed feifed, flic muft put and Entertainment referved by many marliterally it fignifies

redemerunt. Neubrigenfis, lib. 4. c. 14.

Brompton, Farraginem.

Feflus.

But

Littleton faith,

&

&

given in Frank Land to be commixt, and marriage, and futfer the mingled together with the other Land whereof lb that an equal Divilion her father Jicd foiled may be made of the Whole hetween her and her fliull have Sifter, and thus for her ten Acres fhc Twenfifteen, el fe her Sifter will have the whole of which her hither died feiz.cd. See Coke on
;

in Hotrfrpet, that is, fhc tmrrhtgt, tal<u the folc Profits -of the Lands

muft rcfufc to

It may be thought in that Place of be mifprintcd for Hinegeld, which fee, When a Villain or Servant had commitquxre. ted any Trcfpafs, for which he defcrved whipping or corporal Punifhmcnt, when he bought oft his Penalty with Money, the Price of Exemption from liich Chartilcmcnt was called Hude-

Jeff.

20.

Fleta to

&

geld,

There is 0ue anO CrP, Hutefium fiP clamor, Is derived bonorum anfwerablc of two French Words Huer and Crier, both fignifyMan-wood in his Foreftto this, whereby if a Child advanced by the Fa- ing to fhout or cry aloud. ther, do after his Father's Dcccafe challenge a Law, cap. 10. num. 11. faith, That Hue in Latin, Child's Part with thcRcft, he muft call in all that [Eft vox dolentis, as fignifying the Complaint of the Party,] and Cry is the Purfuit of the Felon formerly he had received, and then take out an the others. upon the Highway upon that Complaint ; for if equal Share with UOUlr, Donms. In a Houfe four Things arc ne- the Party robbed, or any in the Company of one 2. Delehatio inhabi- robbed or murdered, come to the Conftablc of bominis. ceflary, 1. Habitatio luminis. tar.tii. 4. Sulubritas aeris. the next Town, and will him to raifc the Hue
Lit.
lib.

ty

or Hidegeld, fome fancy, Money lave his Hide. Sec Fleta ubi fupra.

given

to

3.

cap.

12.

and

Britton, f. 119.

alio in

the Civil

Law

Coliatio

3.

NeceffUas

For any Hurt or Hindrance to the and Fourth of thefe an Action lieth
tiir

Firft,
:

Third

tor

Prohibe-

we quis facial infuo, quod nocere pofiit alieno. The and Houfe of every Man is to him as his Cattle

See Co. 5. Rep. Semaine'% Cafe. The Privithat the Law gives to Houfei for the Habitalege tion of Men is great ; for firft, it ought to have this Bracion, lib. 3. traH. 2. cap. 5. Smith de Rep. the Precedency in a Precipe quod reddat before Anglor. lib. 2. cap. 20. and the Stat. 13 E. 1. of 1 1. & 27 Eliz. 1 3. 3. Lands, Meadows, Pafturcs and Woods. Second- Winchefter, cap. 3. 6 28 the Houfe of a Man hath Privilege to protect The Normans had fuch a Purfuit with a Oy after ly, him againft an Arrett, by Force of a Proccfs of Offcndcrs.which they called Clamor de Haro, wherethe Law, at the Suit of the Subject. Co. Rep. 11. of you may read the Grand Cuftumary, cap. 54. and Bowie's Cafe. Thirdly, Thofe that dig for Salt- it may probably be derived from Harrier, ftagiHue is tiled alone. 4 E. 1. Stat. 2. In the Peter, fhall not dig in the Manfton-houfe of any tare. um.

Fortrcfs, as well for his Defence again ft Injury and Violence, as for his Rcuofc ; according to the Maxim, Domut fua cuique ejl tutifftmum refugi-

and Cry [that is, make the Complaint known, and follow the Purfuit,] after the Offender, deferring the Party, and fhewing as near as he can which way he went ; the Conftable ought forthwith to call upon the Parifh for Aid in fecking the Felon, and if hebe not found there, then to give the next Conftablc Notice, and the next, until the Offender be apprehended, or at lead until he be thus purfued unto the Sea-fide. Of

Clawithout his Affent ; for then He, nor his ancient Records this is called Hutefium Wife, nor Children, cannot be in Safety, nor his mor. See Coke's 2 Par. Inft. f. 1 72. Mandatum eft Gulielmo de Haverhul Tkefauratio Goods preferved from Thieves. 4. He that kills a Man which will rob and fpoil him in the Houfe, Regis, quod Civitatem London capiat in manum Re-

Subject

&

fliall forfeit

ncn levaverunt eo gis, nothing. quod Cives ejufdem Civitatis Clamorcm pro morte Magiftri Guidonis l&OUffbolC, and tyavbOlD. Conceffi etiam prt- Hutefium in om- de Aretio diftis aliorum interfeBorum, fecundum legem &P Burgenjibus meis Houfcbold&> Haybold Charta Hamonis Maffy fine dat. It confuetudinem Regni. Rot. Clauf. 30 H. 3. m. 5. See nibus befcis.

&

&

feems to fignify

fame Words
/>>>

Houfeboot alfo occur in

and Hedgeboot. The Mon. Ang. 2 Par. fol.

Vociferatio.

of Houfe and Bote, i. his own after this Manner, viz. He who demandof ed the Thing did with a loud Voice, before many compenfatio, fignifics Eftovers, or an Allowance and neceffary Timber out of the Lord's Wood, for Witncfles, affirm it to be his proper Goods, the Repairing and Support of a Houfe or Tone- demanded Rcftitution. This the Scott call Hutement. [And this belongs of common Right to ifium, and Skene de verb. fignif. verb. Hutefium, faith, any Lcflec for Years, or for Life But if he it is deduced from tnc French Oyer, i. Audire, take more than is needful, he may he punifhed (or rather Oyez) being a Cry ufed before a Proclaby an Action of Waftc.] Houfebote fays Co. on Lit. mation the Manner of their Hue and Cry he thus is Two- fold, viz. Eftoverium Aiiftiandi Qp defcribeth, if a Robbery be done, a Horn is 41. f. ardendi. blown, and an Out-cry made, after which, if the $ou(Vrobbmg or tyoufp'tyrabintt, Is the Rob- Party fly away, and not yield himfelf to the bing of a Man in fome Part of his Houfe, or his King's Bailiff, he may be lawfully flain, and Booth or Tent, in any Fair or Market, and the hanged upon the next Gallows. Of this Hue and Owner, or his Wife, Children or Servants being Cry, fee Cromp.Jufl. of Peace, fol. 1 60. And in Rot. within the fame for this is Felony by 25 H. 8. Clauf. 30 H- 3. m. 5. we find a Command to And fincc it is made the King's Treafurer, to take the City of London cap. I. and 3 . 6. cap. 9. Felony, though none be within the Houfe, Booth, into the King's Hand, becaufe the Citixens did or Stall, by 39 Eliz. 15. Sec Burglary, and Weft, not, fecundum Legem &P confuetudinem Regni, raifc the Hue and Cry for the Death of Guido de Aretio, part 2. Symbol. Tit. Indictment, feit. 67. rpflifiP, i. e. Readily, or Quickly. Item dixi- and others who were flain mus de iliis latronibus, qui in Hredige nequeunt culpaSee Conders. IfJUtre. bdes inveniri, i. e. Could not readily be convicted. tyUifficra. Sec UJber.
Untifcboff ,
:
i

A Compound

But the Clamor de Haro was not a Purfuit after Offenders, but a Challenge of any Thing to be

Leg. Adetflan. c. 1 6. From the Sax. Hredinge, Brevi, in a fhort Time.

l^Uf'FgfiO
Signifi.at
illatx in fervum tranfgredientem.

i.

c.

mentioned

quietantiam tranfgrefponis] Brampton, Fleta, lib. I. e. ^.\Rex Tancredus dedit Regi Angli* 4
\

Horfes. 'Tis fHlifferiutn, Ships to tranfport in Hoveden by the Name of Wifers. Anno 1 190. calls them Uffers, viz.. And

magnas naves
quai

HU
It doth not appear by Voffius quas vacant Uffcrs. or Somner, from whence this Word is derived Some will have it from the Fr. Huis, i. e. a Door becaufe when the Horfes arc on Shipboard, the Doors or Hatches are fhut upon them, to keep
:

H U
Land

--

out Water.
tyulfaa,

A Hulk, or fmall Vefiel. &P unam hul cum tit cepit ttes caricas, Commiftt gf quatuor Calingarias. Tho. Walfingham, kam,

&

Controverfy, dwelling in the Hundred where the in Queftion lie*, Cromp. Jur. fol. 217. and 35 H. 8. 6. It fignifies alfo him that hath the Jurifdi&ion of a Hundred, and holdeth the Hundred Court, 13 E. 1. 38. o E. 2. cap. 2 E. 3. <vtp. 4. and fometimes it is ufed for the Bailiff of an Hundred. Home*/ Mirror of Jufticet,
lib. I.

cap. del Office del Coroner,

394JpUllUa.

Hill.

nendum diBam pafturam in hullis Mon. Ang. torn. Hills and Dales.

&
In

iglin^Pti;*fi,ag[) Signifies the Hundred Court, from which all the Officers of the King's Forcft Habendum OP te were exempted by the Charter of King Canutus, bo!mi>, i. c. in c. 9. See Manwood; vide etiam Warfcot.
2. p.

292.

$u!tn.SccW;H.
Ecclefiis, ItHimaflitltn, a Mon. in terris, in pratis. cimis, in humagiis, 1 Par. f. 628. a.

moift Place.

in

</

Angl

i^UntyteDspfnr. Eft autem pecunia quam fuhftiii caufa vicecomitei olim exigebat ex pngulis Decuriis fui Comitates, quas Tethingas Saxones appellabant. Sic ex Hundrcdis Hundred'-pcny. Spelm. Fence of the
,

nigra Heref. 'Tis true, Brompton tells us that 'Tis mentioned in Dome/day, via. Denarii de Villas ; and Giraldus an Hundred contains Centum Denarii fanffi Petri. Gale. Hilt. Brit that the Ifle of Man hath 343 Vil- Hundret, '& Cambrenfis writes f. 764. thefe Places the Word Villa muft be But in las. Socam on Et haheant Sacam taken for a Country Family ; for it cannot mean igunOjteD'fetena. a Village, becaufe there are not above 40 Villages Stround&* on Streme, on mode &P on felde, Grithbrice, So where Mr. Lambard tells us Hundred-fetena, Adas &> Ordelas, &V. Charta in that^Ifland.

called, dred Families.

Brit. fol. 223. Hoc eft, quitSec Abus tftuarium tantia pro denariis dandis, vel aliis confuetudinibus fa is a Part of a ciendis tyuntUfD {Hundredum, Centuria) MS. in Bibl. CotPrspofttis Hundredorum. Shire fo called* cither becaufe of old each Hun- ton fub. Tit. Vitellius. C. This is 9. fol. 220. b. dredfold 100 Fide juflbrs of the King's Peace, or clfcwhcre called Hundredfeh, as in Charta Johannis Wars. But I rather think 100 able Men for his Regis Egidio Epifcopo Heref. and recorded in becaufe it was compofed of an Huntis fo
IDUltlber in Torl'jbire.

Hundred.

Cambd.

Libro

&

fcedus

is fo called, a numera Centum homimuft be undcrftood of an Hundred Men, who are Heads or Chiefs of fo many Families. Thefe were firft ordained by King Alfred, the 29th : Aluredus Rex, (fays LamKing of the Weft-Saxons verbo Centuria,) ubi cum Guthruno Daw bard, illud olim a Jethror.e inicrat, prudentijfimum

that an Hundred

num,

it

Edgari Regis Mon. Glafton. Mon. Angl.' 1 Par. fol. 16. b.

Anno

12 Reg.

Stta, or Setena, in Compofition, fignifies Dwellers or Inhabitants Debent habere conftitutionem Hundredi, quod Ar.gli dicunt Hundred-ietena. Text. Roff.

^Utinum,

Sevenjball in Northumberland.

Moift datum fecutus conftlium, Angliam primus Sadecurias, partitus eft. Satrapias, Centurias,

in

&

Toothing j.

Scyrian, ^uodpartiri ftgnift cat,) trapium, Shyre, Hundred, Qp Decuriam, nominavit Centuriam, e T.enmantale, /. * Decemvirale
.

Iftiroereferff. fee Hecrdfefte, a Domeftick, or one of the Family. From the Sax. Hyred, FamaBis in anno conveniant in lia, and Eaft, Firmus.

M- .auam
i

hundredum fuum
fa
It c> g,

This Dividing Counties^ into Huncantur, dreds, for better Government, King Alfred brought from Germany : For there Centa, or Centena, is a over an Hundred Towns. This is the Jurifdiftion which itill retain the Name, Original of Hundreds, but their Jurifdi&ion is devolved to the Counfew excepted, which have been ty-Court, fome to the Crown, or granted Privilege annexed by to fome great Subjcft, and fo rcmam ftili in the Nature of a Franch.fe. Th,s has been ever fince the Stat. 14 . 3- Stat. I. cap. 9. thereby thefe Hundred-Courts, formerly farmed out by the She riff to other Men, were all, or the moil Part, reduced to the County-Court, and fo remain at So that where you read now of any prefent. Hundred-Courts, you muft know they are fcveral Franchifes, wherein the Sheriff has not to do by his ordinary Authority, except they of the HunSee Weft, Part. I, dred refufe to do their Office.

legium appellavit

n:mimbus vel hodte voatque iifdem

quicumiue liberi tarn Hurderefcrft ad digwfeend. ft Decani* plen* (int. Leg. folgarii

&c.

iurrerir,

The Cappers and Hat-Merchants,

being called Hurrers, were formerly one Company of the Haberdafhers. Stow. Survey of Lond.
p.

312.
igurff,

l^ff, if nS, Are derived from the Sax. a Wood, Plump, or Grove of Trees. There are many Places in Kent, Sujfex, and > j. & and end
Hyrft,
i. e.

^ ^^ ^ ^ Wood
>

f th at d through thole called Andre ald extended throueh thofe Andrefivald Counties.
fc

>L^

^^

becaufe fituated near So Hurflega is a woody Place ; and probably from thence is derived Hurjley, now HuriTitirfl^CalllE Is fo called,

the Woods.

ley,

a Village in Berkfiire.

tf.urfarBU!?, ^UttUflf,

A Ram,

or Weather, a

Symbol,
cha, fiP

lib. 2. feci.

228.

Ad Hundredum
f.

poft

Paf- Male Sheep.

ad proximum Hundredum

Mich.

Mon. Angl.
is

2 Par.

fometimes ufed for an Immunity Hundredum or Privilege, whereby a Man is quit of Hundred or Cuftoms due to the Hundreds. See Turn Penny, and Ward. Are Men cmpannelIkunDJCDO^fl', Hundredarii, on a Jury upon a lcd,' or fit to be cmpannclled

293.

poft a.

The Word

Feftum St.

Agni prima compoto poftquam nati funt Agni vocantur, fecundo anno Hoggaftri, & conjungunHurtardi cum Hurtur Multones cum multonibus,
tardis,

Regulse compoti feemelU cum ovibus. De multonidomus de Farendon. MSDe hobus 581. de hurtis &P muricis 207. Mon. Angl. Tom. 2. pag. de agnis 100. tat. gris

&

&

&

666.
t

iTU

fylliti

and

ty.lllf.

Quidam

Henricus Pinckpab cap-

querimoniam Alercatorum Flandri* Qp imprifoad natus, offert Domino Regi Hus &> Hunt in pleg.o recto, SP ad refpondendum pradiilis mer.at*ftandum ribus &* omnibus aliis, qui ijerfui eum Icqui volaerint. veniunt Et manucapiunt quod dittut H. P.
uts per
diverfi

the great Antiquity of this Court, wc find thii honourable Mention in the Laws of King Edward the Confefilr, Debet etiam in London, caput
feptimanis die Luna HuiYxngit federe data enim erat olim Qp ad
adificata

qua efi Regni &> Legum, femper curia Domini Regis fingulis

Qp

teneri.

Fstn-

per

Hus Qp Hant
in
ibi

Concilii fid

ad fummonitionem Regit vel dum Qp in memoriam veteris magna Trojje, QP ufque in Curia' Regis apud Shcpwcyc, &> quod hodiernum diem Leges QP jura &> dignitates, libertates,
veniet

qui

infiar

Of ad mo-

re&o, fiahit ni Regis, Anno

&>c Placita coram Concilio Domi27 H.

tegiafqu*
continet
-

confuetudines

antiqua

magna Troja

in fe

inviolabilitatt confervat. Sec Taylor's Hifi. Gavelcommune plegium, ficut This Court is held before the kind, tag. 55. 4 Injl. fol. 72. what wc now call Burglary. From Lord Mayor and Aldermen of London. Error or JJUssbjecP Is the Sax. Hus, an Houfe, and Brice, a Break- Attaint lies there of a Judgment, or falfc Vcr

Qyare,annon fit Sec Jo. Do, 6 Ric. Ro.

3.

Rot.

9.

Qp

confuetudines fuai

una femper

ing.

Court of the fame Names, as Winchefier, Lincoln, York and Shepey, and others, where the Barons or Citizens have a Record of fuch Things as arc determinable before them. Fleta, lib. 2. cap. 55. See Karles. It properly fignifies a ftout Man, or Stat. 10. E. 2. cap. unico. 4. Infi. fol. 247. and a Domeftick, viz. Rex Hardeknutus fuos Hufcarlcs Glojf. in decern fcriptores on this VVord. mifit per omnes Regnifui profiincias ad exigendum triAbbas Qp tfjuteflum, A Hue and Cry.
Conventus ufi funt hits libertatibus, fcil. vifum franciHoufeau, i. ocrea, a plegii, hutcfiuin clamatum, Qp ejfufionem fanguinis. fomewhat made of coarfe Cloth, Cartular. Abbat. Glafton. MS.f. 87. and worn over the Stockings ; a Buskin, or as HjUtrlan. Terras quietus ab omni Hutilan Qp It is mentioned omni alia exaBione, Qp dimidiam acram in T. the Vulgar call it a Spatterdajb. qua tantum Hutilan reddit. Mon. in the Stat. 4 . 4. c. 7. Angl. vol. 1. fol. From the Sax. Ho/a, 586. b. q. Hcfe. llufeans

igufcarlf, (Sax.) a Domcftick Servant, of the Family. Alio the Domcftical Gatherers of the Danes Tribute. The Word is often found in find the Town of Dorchefier Dome/day, where wc Mark of Silver. paid to the Uic of Uoufcarles one

or one

fol. 23.

diet in the Sheriff's Court, as appears by F.N.B. Other Cities and Towns alfo have had a

butum.

Du Cangc.

lufean*F, Of Kind of Boot, or

the French

fignifies

""l&Pbernagmm, The Scafon for fowing WinFrom Saxon hus a ter-Corn, or Wheat and Houfcbotc. Ric, between Michaelmas Houfe, and bote Amends or Repair. The Liberty and : As oppoled to tremagium and afiiChriflmas allowed a Tenant to cut as much Timber and. vagium, the Seafon for fowing Summer-Corn in Wood upon the PremifTes, as was neceflary the Spring of the Year. The Words were taken for the Support and Repair of the Farm-houfe, fometimes for the different Seafbrs, fometimes and adjoining Buildings. See Mr. Rennet's Glofi for the different Lands on which the different Grains were fowed, as Wheat and Rye on Falfary. SJUBfaffne Is he that holdeth Houfe and Land, low Barley, Oats, Qpc. on Land of one Tilth BraHon, lib. 3. traH. 2. ca. 10. hath thefe Words And again fometimes for the different Corn, as Et in Franco plegio efie debet omnis qui terram tenet hibemagium was applied to Wheat and Rye, which domum qui d'uuntur Husfaftne,5 etiam alii, qui Wis wc ftilf call Winter-Corn : And tremagium to BarCaliga.

Igufebote,

&

deferviunt

corruptly written

more

&c. Some have Folgheres, ley, Oats, &V. which we likewife term Summer&> Hurdefefi, but Corn. See Hurderefefi Fleta, lib, 2. cap. 73. feel 18. and lib. in Ghjf. in decern truly Heordfefie ; which lee i.e. $i.fe8. 1. where it is called Tbornagium, Sec

&

dicuntur
it

fcriptor.

HjPaegplD, A Ranlom paid to fave one's Skin, Alfo the lame with reddit Husgablum, viz. that it be not beaten. funt ibi modo tria Tofta, &P quod Ebor. Anno Hidage. alitor non geldabilis. Inq. capt. apud It iecms to A Port or little Haven to lade or unlade 1275. ' n Rcgiftro vocat* le Whitebook. UtiPttj, Houfe-Rent, or forac Tax or Tribute laid Wares at, as Quetn-bytb, Lamb-hytb, Qpc. New fignify Book of Entries, fol. 3. De tota Medietate Hyupon Houfcs. l&uffotum, a certain Tribute paid to the chief thse fua in, &c. cum libera introitu &P exitu, &V. Lord for every Houfe of his Tenants. Mon. Angl. 2. par. fol. 142. ^uffeling People, The Parifhioners of Leominin a Petition to King Edward VI. fet forth fier, I. that in their Town there were to the Number of Communi2000 Hufieling People, &Y. that is 2000 liter a etiam verbum feu reBius pronomen, cants, for Huffel in the Saxon Tongue fignifies efi . the Holy Sacrament. fiilicet, Ego, unde derivatur pcffejfivum (meus) ut igufiinqF, (Hufiingum, from the Sax. Hus, Do- ab altera pronomine, (viz. tu, tuns) in Englilh Mine mus, and Thing, Caufa, quafi Domus caufamm.) and Thine ; or as we ufe Meum and Tuum, the

tota ilia terra que efi inter IgUfifgablUtn. Item diBam Aulam &P venellam, qua dicitur Swainegalle &> de terra S. Petri, Qp vocata Peterbordland, &=

Ibernagium.

$>r&e Of

JUnb.

See Hide.

IHac

This was my Lord Coke's Opinion of the Deriva- proper Guides of Right and whofe being mif tion of this Word. But it comes from the Sax. undcrftood, hath been the Ground of all Quarwhich fignifies Concilium , or Curia. rels. Hufiinge,
;

And fo 'tis called in Sax. They took the Bifliop, and

fiing,
i.

Chron. An. 10 12. viz. led him to their Uu-

}Jlatfc

(olim
:

Wamhafium')

erat tunica,
lino

quod non
riu-

ferro

Solido, fed tunuis plurimo

intextis

e.

to the Council.

But llufiinga

efi

anti-

tiiehatur

celeherrima Londoniorum Civilatis Curia quijfima & fuprema, the principal and higheft Court in Lon Of don, Ilfl. 7. cap. 11. and 9 Ed. I. cap. unico.

Horfcmen

in

Kind of defenfive Coat worn by War, not made of folid Iron, but
to

many

Plates faftcn'd together

find

Tenure were bound

which fomc by ; upon any Invafion.

See

J
See
fol.

B
Saxon
Tbeins.

II. Walfingbam, in the Life of Rithard ab ore ejufdem Jobannis mille loricas vel Tunicas, quas vulgo -vaPhilpot quod And in cant J'lkes, redemerit de manibus creditomm.

Ilidage.

239.' tells us, Accept

Ic Thein, the Sax. D. with a Stroke traverfe being Tb. and fignificd, / ferve, or am a Servant. As the Saxon Kings minifterial Lords were called

jjlctlli, Suffolk, Norfolk, Cambridge, and HunPag. 249. Accept Mm quoddam Veftimentttm pfetiofum ' Duels Lancafiri&,quale Jack vocamus. tingdonjl/ires. Dlftl Is the Motto of the Arms of the It was called Lorica, becaufe at firft it was made 3!cl) Prince of'Wales. From the Germ. Icb-Dien. i. e. I with Leather. and 3Heitibu, A Latin Word fignify- fervc. It was formerly the Motto of John King 3!attit)UB of Bohemia, who was (lain in the Battel of Creffy him that lofeth by Default, Placitum fuum ing Edward the Black Prince, and taken up by him c> Ja&ivus exinde remanfit. Formul. fo- by neglexerit, to fhew his Subjection to his Father.

len. 159.

3|cianO0, Norfolk. the Jamaica Is aft American Ifland, lying on Alcona, {lconia,~) a Figure, Image, or ReprcSouth of Cuba ; in Length from Eaft to Weft Fifty fentation of a in Matt. Thing. 'Tis mentioned in Breadth Twenty, the Middle Leagues, and Patif. pag. 146. 491. in Huvedon, pag. 670. and in under the eighteenth Degree of Northern LatiBrompton, pag. 1178. It was in Part taken from the Spaniard by tude 3!rtU0 0|bUfi(, 2J|tiU C36CU0, A Bruife, a Swelthe Year 1655. and is mentioned in the Englijh in ling, any Hurt or Maim without breaking the the Stat. 1 J Car. 2. cap. 5. Skin, which they called properly plaga, a Wound, mentioned 15 Car. 2. cap. 5. and Si invent3\amaicasU)00t!, aperta plaga, an open Wound. Is a Kind of fpecklcd Wood, of which are made antur plag* aperU, vel bruffur* per i&us orbos. Bra The Tree (as Son, lib. 2. trail. 2. So Orbis was uCabinets, called there Granadillo. cap. 5. feH. 7. is low and fmall, feldom bigger than a led for a black and blue they fay) Spot, or livid mark of Man's Leg. Ligna fac'tMnt brufuras, orbes, &> ictus, Beating.
:

Icbborow in

3iamt)eaUJC,
be, Tibia.

Armour

for the Legs.

From Jama

Jlamefa.

See Thamefis.
alfo
j

qui judicari non poffunt ad plagam, ib. cap. 24. feet. 2. So I&us cacus oppofed to iBus cruentus and IBus Si apparens. As in the Laws of H. 1. c. 94.

a Word much u fed in Fines, and the Name feems to derive it felf from the French Jaulne, 1. Yellow, becaufe the Bloffoms of it are of that Colour. Co. on Lit. p. 5, Mana watcrifli Place fays fampna, fignifies wood in his Foreft-Law, c. 2 J. num. 3. fays, No Man may cut down Furze or Whins, within the Foreft without good Licence. or Furz. Iflannum. Heath, Whins,

31ampnum, Furz or Gorfe

Co. 1. part. fol. 179.

gbrfy alius alium verberet caecis ictibus

cravatus
ibifit,

& non

cruentis, five

Ground,

vel nonconvi&us, nox

witam emendabat

Domino, cujus hominem tiulneravit.

jDfntjtate nommis Is a Writ that lies for him, who upon a Capias or Exigent is taken and committed to Prifon for another Man of the lame Name; whereof fee the Form, and farther Ufe in
F. N.B. f. 267. See Reg. Grig. 194. Idempnitate nominis maintainable by Executors, &c. an. 9 H. 6.

cap. 4.

bomines falcabant Jannum in Ernijius queritur quod Placita bruera quam habet in Dunheved.

quadam
23 H.
p.

3.

Sumerfet. apud Prinne.

Colieft. torn. 3.

93. Malefatlores venerunt in quan3|antUtTl. dam feparalem pafiuram in Uplym, qut, pertinet ad

Abbatiam Glajioni*, &"

crefcentia combujferunt.

in eadem Janta &> alia Cartular. Glafton.

,

MS.
of fmall JatlUE*, * Sort

ufcd here. 'Tis mentioned by Staundford in his Pleas of the Crown,

Money

cap. 50.
J[iflr,

taken for an Earthen Pot or Veflel of Oil, Gallons. containing twenty is a Kind of Cork, 1 R. 3. e. 8.) 3larr0cfe, {Anno or other Ingredient, which this Statute prohibits in dying Cloth. Dyers to ufe i. e. yellow Colour). Prtterea 3!aun (Fr. Jaune, hominibus eorum de Stanhal Conv. concedit Abbati &> de hxredibus fuis colligere Jaun e> Fcugcrec>
us "it
is

(Span. Jarro,

i.

e.

an Earthen Pot,) With

31OP0, Idus, Arc eight Days in every Month called. In March, May, July and Offober, they begin at the eighth Day of the Month, and continue to the Fifteenth ; in the Reft they begin at the Sixth, and End at the Thirteenth. But here obferve, that only the laft Day is called the Ides, the firft being termed the eighth Ides, the Second, the Seventh, that is, the Eight or Seventh before the Ides, and fo of the Reft, and therefore when we fpeak of the Ides of fuch a Month, we muft underftand it of the Fifteenth or Thirteenth Day of that Month. See
fo Calends.

&

&

defe breue

Geneftam per terram faamjine impedimento, &c. Charta Will, de Bay, fine dat. Doubtlefs here Jaun is ufed for Furze or Gorfe, which we now in Law Latin call Jampnum, and anciently

&

Jannum
Aflif.

as,
3.

Decimas

illius

Jauni

in

Dunheved.

PI.

22 H.

Scafon 3flbernatjiuu1, H'tbernagium, Xbernagium. Et arabitunam acram, for fowing.Winter-Corn.

eandem berciabit, videlifeminabit cumfemine Domini,
cet,

3l&cot Is a Word in Greek properly fignifying a private Man, who has no publick Office. Among the Latins it is taken for illiteratus,imperitus, and in our Law for non compos mentis, or a natural Fool. The Words of the Stat. 17 E. 2. c. 9. are Rex habebit cujlodiam terrarum fatuorum naturalium, whereby it appears he muft be a natural Fool, that is, a Fool a Nativitate : For if he was once Wife, or became a Fool by Chance or Misfortune, the King fhall not have the Cuftody of him. Staundf. Prarog. cap. 9. F. N. B. fol. 232. If one have Underftanding to meafure a Yard of Cloth, number Twenty, rightly name the Days of the Week, or to beget a Child, he fhall not be counted an Ideot, or natural Fool, by the Laws of the Realm. See 4 Rep. Beverly's Cafe.
iHuEofa inquirenun bp{ praminanro, Is a Writ Efchcator or Sheriff of any County, where the King hath Notice that there is an Ideot naturally born, fo weak of Underftanding, that he cannot govern or manage his Inheritance, to call
to the
1

dimidiam acram ad Ibernagium &> dimidiam ad de fceno Domini. Chartular. tremagium, 8< cariabit Abbat. Glafton. MS. f. 91. a. The Motto under the Arms of the "3|c IDien, Prince of Wales. Sir Henry Spelman judges it was

before

before him the Party fufpeGcd of Ideocy, and exAndalfo to inquire by the Oaths of amine him Twelve Men whether he be fufficicntly wittcd to difpofc of his own Lands with Difcretion or nor, and to certify accordingly into the Chancery ; for the King hath the Protection of his Subjects, and by his Prerogative the Government of their Lands and Subftance that arc naturally defective
:

"Jlfrfen, "31ct}on and "flotfon ; From the French Jetter, ejicere, is any Thing thrown out of a in the Danger of Wreck and the Ship,

Waves driven
5. /. too".

being

by

to

the Shore.

Sec

Flctfon, Co.

lib.

Iflcbne, Judtci.

Sec Judaifm.

Anciently

we had

a Court of the Juftices afligned for the Government of the Jews. Sec 4 Infi. fol. 254. Rex Vic.

Prtcipimus tibi quod clamari fiJ* obedit, l 7 E. 2. cap. 8. whereof read Staundf. Prtrog. fervari facias per totam Baliivam tuam, quod omnes of this Writ read F. N. B. f. 232. and Judti deferant in fuperiori indumenta fuo ubicunque cap. 9. and ambulaverint vel equitaverint infra viUam vel extra, Reg. Orig. fol. 267. Item quod nullus manuteneat nee ducat quafi duas tabulas albas in jeHore fa Has de lineo pan^jDlfiiun. Kernes nee gentes vocatas Idlemcn, niji in Marcbiis no vel de pergameno, ita quod per hujufmodl ftgnum
in their

own

Difcretion. Stat, de Prarog. Regis,

Wigor. falutem.

fuis propriis.

Pat. 5 Ed. 3. p. 1. m. 25. 3lonncum fe faccrc. 3|Duneare fe, To purge himfclf by Oath of a Crime of which he is acwhere the Word cufed. Leg. H. 1. cap. 75.
is

a Chriftianis difcemi. T. manifejle pofftnt Judxi comite apud Oxon, 30. Martii Clauf. 2 H- $ p. Ii 10. in Dorfo.
fungia, i. e. the fincft white called Coked Bread.

Bread, formerly

Idoncus

taken for

Innocent.

^IDumanus $ lutoiue, Blackwater in 3!UUnum, {Purgatio per Jejunium.)

tioned In Leg. Canuti cap.
7.

Effex.

"Tis

menejl,

apud Brompton, vix.

opus

Dicpanem, lapidem, quoque die Ifungia, Quart Hoc quia de facili fungitur omnis homo.

Cum
Qp

Sxiis fe purget, vel

31g;nl0 31ut)trium, Purgation by Fire, or the fometimes uied for Yeoman. Sciant old judicial fiery Trial. Sec Ordeal. 3l8nitegilim, The eight a Clock Bell, fo calquod ego Johannes Smith de Bromyard in Com. led (as in old Engl. Curfew, Covrefeu, i. e. CoverHeref. Jeman dedi Ricardo Wiggemore Arm. omnia terr. Qp Tenementa, &c. Dat. 10 Jan. An. 9 H. 6. Fire,) becaufe the Conqueror Will. 1. ordered his Subjects at that Hour upon the Signal of a This in Dutch (ignifies aliquis. three French Words Bell, or other Sound, to put out their Fires and 5!f0l;rtPlC Is a Compound of fay faille, i. ego lapfus fum, and in a legal Senfe Lights. When this Cuftom of extinguishing did denotes an Ovcrfight in Pleading, or other Law- by Degrees it lelf expire, yet the Ringing of a Proceedings touching which you have a Sta- Bell at eight in the Evening, being (till kept up, tute 32 H. 8. 30. whereby it is enacted. That if Was long after called by the fame Name. As in the IJfue, though after- the Statutes and Cuftoms of St. ?<.</' s Church in the Jury have once paft upon ward there be found a jcofayle in the Pleading, yet London, collected by Ralph Baldock Dean, about Judgment pall likewife be given according to the Ver- the Year 1300. it is ordained, ut fer Aentes oftia diB of the Jury. See Bro. Tit. Repleader. The Ecclejtd claudent tempore y email poft initium pulfationis Author of the New Terms of Law faith, That a Complitorii ibidem, &> tempore tftivali pofi initium pulfaJeofayle is, when the Parties to any Suit have in tionis ignitegii, apud Sanctum Martinum. MS. StaPleading proceeded fo far, that they have joined tuta Ecclcf. Paulinse. 3on02atnu Is a Word properly ufed by the Iffue, which mall be tried, or is tried by a Jury, and this Pleading or Iffue is badly pleaded or Grand Inqucft, impanelled in the Inquifition of Caufes criminal and publick, and written upon joined, that it will be Error if they proceed Then fome of the faid Parties may, by their the Bill, when they miflike their Evidence as Counfel, fliew it to the Court as well after Ver- defective, or too weak, to make good the Predict given, and before Judgment, as before the ferment; the Effect of which Word fo written Jury be charged ; the Shewing of which Defects, is, that all farther Enquiry upon that Party for before the Jury charged, was often, when the that Fault is thereby (topped, and he delivered Jury came into Court to try the Iffue ; then the without further Anfwcr. It hath a Refemblance Counfel which willfhew it, fliall fay, This Inqueft of that ancient Cuftom of the Romans, where the and if it be after Verdict, Judges, when they abfolved a Perfon accufed, lyou ought not to take then he may To Judgment you ought not to go : did write A. upon a little Table provided for that fay, And becaufe of this many Delays grew in Suits, Purpofe, i. Abfolvimus ; if they judged him guilty, for the Rcdrefs of which divers Statutes were they writ C. id eft, Condemnamus ; if they found made, viz- 32 H. 8. 30. before-mentioned, and the Caufe difficult and doubtful, they writ others in Queen Elizabeth and King James his N. L. that is, Non liquet. Afconius Redianus in oraDays, -viz. 18 El. 14. 12 Jac. 13. yet the Fault is tione pro Mllone, Alexander ah Alexandra. Genial, dielittle amended. rum, Lib. 3.C. 14. Item apud Poulton xx loves, pretium Klinifffl. JleflV, A Branch, or large Candleftickof Brafs branched into feveral Sconfcs, and hanging down bovis vi fol. viii boviculos, pretium cujuflibet ii s. viii in the Middle of a Church or Choir, to fprcad ii s. I Affrum v fol. Charjinietas, pretium cujuflibet the Light to all Parts. This Invention was firft tular. Abbat. Glafton. MS. fol. 60. Let the Cucalled Arbor Jejf* and Stirps Jeff*, from the Simi- rious enquire, whether Jinieta (ignifies a Colt, a litude to the Branch or Genealogical Tree of young Horfc, a or not rather a Heifer, Jennet, This ufeful Ornament of Churches was a young Cow, which in fome old Latin was Junix Jeffe. firit brought over into England by Hugh de Flory, and Junieta, quaft Junior Vacca. Abbot of St. Auflins in Canterbury about the Year 31bcnilDsftrfiT Is one of the four famous 1 100. as thus recorded by the Hiftorian of that Ways that the Romans made in England, called Abbey. Pulpitum ctiam in Eeclefia fecit, candelabrum Stratum Icenorum, becaufe it took Beginning ah etiam magnum in choro ttreum, quod Jcffc vocatur, in Icenis, which were the People that inhabited NorChron. Will. Thorn. folk, Suffolk, and Cambridgefhlre. Cambd. Brit. /. 343. partibus emit tranfmarinis. 1 796". p. Leg Edw. Cortf. c. 1 2. See Watling-ftreet. HK Jftbe;
applicetur
corfned,

ad

jejunum 'meat, ft &fiat voluntas Dei.

3il'tnan,

311cl)e8er.
"jjet, Ifland.

Sec

Ifcalii.
i.

Recompence
e.

by Contra&ion an Eight,

little

s[iflebiaMe,

Etpranifit Regi Navarr* quod nunquameuri impechiarct pro morte dicii 31Duminarf, To illuminate, to draw in Gold Caroli de Hifpania. Hen. de Knighton, fub anno and Colours the initial Letters, and the occafi- 1256. Spelman and Somner teii v.s, That it is deIta rived from the Laf. onal Pi&urcs in Manufcript Books. Impetere, which is to accufc, ut ipfe libros fcribere, illuminare, 6 ligare or in jus vocare, from whence an
.

and therefore
llleviable.

That may or cannot be levied, Nihil is a Word fet upon a Debt Felony orTreaibn,

for the Wafte done. See Co. lib. 11, Bowie's Cafe, f. 82. 31mpetijiare, (French Empefiber. Latin Impe To impeach, to accufc and profecute for tere.)

Epifcopus

Thofe Accufation, viz. fine impetiiure vafii, is without Perfons who particularly praftifed this Art, impeaching or accufing him of Wafte. whence our Limwere called Illuminatores, 3impeDiatU.?, Expeditatus, Impediati canes, Dogs lamed and difablcd from doing Mifchicf in the ners. Omnes Embargo, A Stop or Stay, moft commonly Forefts, and Purlieus of them.
non faftidiret.

w.petitio fignifies

Brompton, fub anno

1076.

upon Ships by publick Authority.

cap. 5.

18 Car.

2.

canes infra forefiam folebant

tate
finiftro
orteiio.

effe

impediati aut ampu,

|mbe3le or Iflmbefil, To Wafte, Scatter and Confumc; as if a Perfon intruded with Goods, wafte and diminish them, we fay, He hath im14 Car. 2. c. 41. bififd the Goods. See Excommunication. 31ltlblOCart. ^mtyacerp. See Embracery. ^lmb?en. Ember-Bays. The four Ember-Weeks, or Solemn Scafons for Ordination Firft ufcd as the quarterly Fafts to pray for the Fruits of Earth ; they are mentioned in the Council of JEnham, \anno 1009. c. 16. and in the Laws of
:

3ltnpeDien?, He eftfinalis concordia falla in Curia Domini Regis apud Weft, in offabis SanSi HiUarii, Anno Regni Regis Henrici FiLi Regis Johannis Septimo, coram Thoma de Mutton, &Fc. Inter WiUielmum de Mohun querentem & Will. Breivere impedientem de Manerio de Clynton, &C. Et unde Placitum deEfcambio facier.d. fummonit. fuit inter eos in eadem Curia, fipf. Where Impedientem Seems to be uled for Defendentem or Deforcientem. 3Inperiale, i. e. a Sort of very fine Cloth. Item tunica de Imperiali cum arboribus rubris Uo-

&

King

37 Ed. 3, 4.) imbreviare: In Schedulam {quod breve vocant) rem conferibere, redigere
:

Alfred, cap. 39. jjlrtlbjebiate, (Stat.

nibus aureis,

&c.
illicit is negonojtra London, fuper cafumpniati effent coram nobis &> Pat. 18 Ed. 1. p. 1. m. 15. intus.

31mpefcatU0, Impeached, accufed, Burgenfes &>

Pifcatores Civitatis
tiationibus,

Scripto breviter martdare.

&c.

31tnb^otU0,

A Brook, a Gut, a Water-paffage. impefcati. Totum nofirum imbrocum de Blakeburn, five 3|mpertri0, Accufation or Impeachment.
fit

As

major five minor, cujus broci lon- fine impetitione vafii, or fine impedimenta vafii, e. without Impeachment of Wafte ; the gitudo ex auftrali parte incipit ad partem de Oxenal, i. Somner of Ports Party fhall not be queftioned or accufed for any ducit fuper aquam de Limenal. J Wafte. and Forts, p. 43. ^Imperration, (Jmpetratio) an obtaining by Rejflmpalarf. To put in the Pound. Leg. Hen. 1. queft and Prayer. It is ufcd in our Statutes for cap. 9. UimpatlUlare, To Impanel a Jury. A Privi the Pre-obtaining of Benefices and Church-Oflege was Sometimes granted, that a Perfon fhould fices in England, from the Court of Rome, which did belong to the Gift and not be impanelled, or returned upon a Jury. Difpofition of our Non ponatur nee impanulctur in aliquibus Affifis, Ju- Lord the King, and other Lay-Patrons of this The Penalty whereof was the fame ratis, Recognitionibus, &c. Paroch. Antiquit. pag. Realm. with Provifors. 25 Ed. 3. See 38 Ed. 657. See Mr. Kennet's Gloffary. 3. Stat. 2.
prddiSus Brocus

&

or interloqueld) is a cap. 1. Court by the Tenant iflmpierment {Anno 23 H. 8. cap. 9.) fignifies or Defendant, upon the Count of the Demandant as much as impairing or prejudicing. For the or Declaration of the Plaintiff; whereby he Words of the Statute arc, To the Impierment and craves Rcfpite, or a farther Day to put in his Diminution of their good Name. Anfwer. See Brook, Tit. Continuance. Imparlance Implfan, (From the Fr. Plaider) to fue, arwith this Claufe, reft or profecute by Courfe of Law. is general or fpecial. Special is Sahis omnibus advantagiis, tarn ad jurifdiffionem "3Jmi!etnent0 Cometh either of the French Curia, cjitamad Breve &P Narrationem.Kitchin, f. 200. Word Employer, to employ ; or the Latin Impleo, General is that which is made at large, with- to fill up, and is ufed for all Things neceSTary out inferring that, or the like Claufe. See Em- for a Trade, or Furniture of a Houfhold And in that Senfe parlance. you fhall often find the Word ^ImparfOnee, As Parfon imparfonee, Perfona ufed in Wills, and Conveyances of Moveimparfonata, is he that is indufted, and in Poffeffi- ables. on of a Benefice. Dyer, f. 40. num. 72. fays a ^flmpofl Is a French Word Signifying Tribute, Dean and Chapter, are Parfons imparfonees of a and derived of the Verb Impofer, i. injungere, and Benefice appropriate unto them. fignifieth the Tax received by the Prince, for ]flmpeact)ment .of Matte, Impetitio vnfti, cometh fr.eh Merchandise as are brought into any Haven of the French Empefchment, i. impeiimentum, and within his Dominions from Foreign Nations. 3 1 a Rcftraint from committing of Wafte Eliz. 5. It may in fome fort be fignifies diftinguifhed upon Lands and Tenements. Sec Wafie. And from Cuftom, becaufc Cuftom is rather that he that hatha Leafe without Impeachment Prgfit the Prince maketh of Wares therefore Shipped out; that a Property or Intereft given ofWafte,\\sx\\ by yet they are frequently confounded. him in the Houfes and Trees, and may make jf!mp^SJ-^i5oneP, i. e. Mor.ey paid at lifting of Wafte in them without being impeached for it, that Soldiers From.thc Prcpofition In, and Fr. preft, is, without being questioned, or demanded any paratsu. 4 31ms ^Imparlance,
(Interlocutio

Motion or

Petition

made

in

IN
jJlttipjrtlabiliB
Is

N
fo!.

Matt.

Pari/,

and

it

"JhU'iMHUrp, A of Printing, and likewiic a Printing-houfe. Anno

often mentioned in Charms were in Verfe. 4 Par. Infi. invaluable. 3|nci)ancrrty, Ineantatrix, Ii a fignifics alfo the Art ufcs Charms and Incantations. Print, Imprcflion ;

Word

44.

Woman
Sec

that

In. ban-

ter.
.

Jitiiljartarr, To give any Thing by an Iticap. 23. ftrument in Writing 3impjlln, Thofe who fide with, or take Part Qmctjftt ipfi Comili terram with another, either in his Defence or otherwife ipfam &* inchartavit pofi aliquot annos, ut peffejfio Matt. Parif Anno i2$z. Tis often mentioned in Matt. Wefim. viz.. Jura- fuafic firmius roboretur. mentum tx parte Regis Anglorum fuerat viJatum jiiUUMlt, Incident, fignities a Thing necclfadum Imprifii fui ob gravijjimam redemptionem funt rily depending upon another as more principal. fo in another Place, omnes ho- For Example, a Court-Baron is fo in. idem to a redempti, pag. 282. Domini Ludovici, &V. So in Matt. Manor, and a Court of Pypowdcrs to a Fair, mines Imprifii Parif. pag. 127. quod nos erimus Imprifii ejufdem that they cannot be fevered by Grant ; for if a Manor or Fair be granted, thefc Courts cannot Regis, &c Is the Rc- be fevered. Kitchin, fol. 36". Sec Co. on Lilt. fol. 3impifunRUtlf, Imprifonamentum, ftraint of a Man's Liberty, whether it be in the 151. 3!lKlauDarf, 'Tis mentioned in the Monafiicon, open Field, or in the Stocks, or Cage in the Streets, or in a Man's own Houfc, as well as in 2 torn. p. 598. and fignifics to fetter a Horfe, viz. the Common Gaol. And in all thefc Places the Et fi Inclaudet palefridum Regis dabit ei palefridum Party fo rcftrained is faid to be a Prifoner, fo 4 marcarum, Qfc. 3]nclaufa, A Home-Clofe, or Inclofure near long as he hath not his Liberty freely to go at all Dicunt per facramentum Times, to all Places whither he will, without the Houfc. Bail or Mainprifc. fuum, quod capitate meffuagium valet per annum 11 fol. Parocb. 31mp,20p?iatlOn, Of which there arc in England cum tota Inclaufa. Antiquit. pag.

Car.

2.

&

Hands of a Layman, and Appropriation when in 31ncOpolitU0, A Proftor or Vicar : Probibeo ne the Hands of a Bilhop, College, or Religious fummoneas monachos, &>c. ut eant ad Hundreda, nee Houfc, though fometimes they are confounded. ad Jirras, fed Incopolitos fuos, vel unum ex bominibus fuis mittant. Leg. H. 1. Monaft. 1 Tom. Sec Appropriation. pag.
1023. Jlllp^OUfinenr. See Approvement. Dedi J. B. Quoddam Incre3|ntremmtum. ^ttip^Uiarp, To improve Land. ImpruiamenNun- mentum terra met, apud D. Qpc. by which is meant the Improvement fo made of it. turn, quam liceat pr dido A. nee baredibus ipjius pafiuram de a Parcel of Land inclofed out of common or But the Word was more often averiis fuis onerare, nee aliquid impruiamentum no- wafte Ground. ufed for Advance in Rent or other Payment. strum alicui in, pradiSo manirio unquam impeAire. Chartular. Abbat. Glafton. MS. fol. 50. a. Breve Reddendo antiquam firmam &P de incrcmento xi s.

3845.

It

is

properly fo called, when

it

is

in

the

31-

de nova dijfeijina fuper impruiamen tis faftis in moris xii. acris de Soivy remijit omnem querelam pro

Verb Incumbo, to mind diligently, and is a Clerk Cambdens Refidcnt on his Benefice with Cure, Co. on Lift. f. Britan. in Ottadinis, Where he fays, fpeaking of 119. and called Incumbent of that Church, beEdelingbam, the Barony of Patrick Earl of Dun- caufe he doth or ought to bend his whole Study 10 H. 6. 7. and 1 & 2 bare, which alfo was Inborow and Outboroiv between to difchargc his Cure. England and Scotland, as we read in the Book of P. & M. cap. 1 7. that is, (as he believes) he was to al1. 3]nturramenttim Is ufed in Rot. Vafc. 17 Inquifitions, low and to obferve in this Part the Ingrefs and M. 1 3. For incurring a Penalty, or becoming Egrefs of thofe that travelled to and fro between fubjeft to a Fine or Amercement. So incurri aliboth Realms; for Englishmen in ancient Time cui, to be liable to another's legal Cenfure or called in their Language an Entry and Fore-Court Puniflimcnt. As in the Stat. rWeftm. r.37. Statutum
70.
3]llb0:lj

Paroch. Antiquit. pag. 164. Taxatio Spiritualitatis una cum incrcmento per relaxationem. ibid. pag. 316. To which was oppofed decrementum, Abateimpruiandis in eadetn mora. ib. %X\ flito 9 im,a, The fame with Alto and Bajfo, ment, whence Decrements in the Buttery-Books, on Accounts of battcling in Oxford. which fee. See Encroachments. 3Hbmi3! IK fu Ail), Incrociare. 3!nblaura, Profit or ProduS of Ground. Qtioddam meffuagium cum uno ferdello terra in Mane- ral ano tljeir IDeputiea 00 incroach to rljem* cum tota inblaura in perpe- fclbt'0 JuriCDlttiutlfl, &c. 1 5 R. cap. 4. rio de Wrington Chartular. Glafton. MS. f. tuum rejignavit. 31ncumbfHt Is a Derivative from the Latin

flDutbtUfl,

Saxon.

Vide

or Gateboufe, Inborow. 3!nCsfleUarp, To reduce a ftead of a Caftlc ; the Word

efi

Thing

to

ferve in-

quod ejufmodi Ttnentes capitalibus Dominis aut Regi incurrantur.

is often applied to 3t"0CCimabIf, Indecimabilis, That is not tith 2 Par. Infi, Churches, as in Gervaf. Dorob. Anno 1 144 viz. Qui able, or ought not to pay Tithe mortem patris ecclejiam Incaftellatam retinebat. 490. pofi So in Malm/bury. Ecclejiam B. Maria Genetricit Dti 3!nDefetfibtf, That cannot be defeated, undone, or made void: As, Lincoln, incaltellaver.it. good and indefcifible Efiate, 3|n cafU COtlfimill Is a Writ. Sec Cafu confi- SPc.

mili.

One

that

is

impleaded, and refu-

3!n
vifo.

cafU

pjOtnfo

Is

a Writ.

See Cafu Pro-

See Encaufium. Jlnraufftltn. ifnehemrer, Incantator, Is he that by Charms or Vcrfes conjures the Devil. Qui carminibus vel niade Mich. 50 Hen. 3. Rot. 4. innis. cantiunculis Damonem adjurat. The Ancients called 3:noitnnitieB : When a Church is appropriate them Carmina, becaufe in thofe Days their to an Abbey or College, then the Ar-hdeacon for H h 2 ever

praditrus Judaus nihil fcifcit dicere contra feBam diiii Ricardi, nee voluit ponerefe in Inquijitionem aliquam. Confideratum efi, quod tanquam indefenfus fit in mifericordia, Qpc. Comrau-

fnDrfpnfUF, to Anfwer.

Et

ever lofcth his Induction-Money, in Recomout of the pence whereof, he fhall have yearly Church fo appropriate xii d. or ii /. more or lefs, for a yearly Pcnfion, as it is agreed at the Time And his Payments are of the appropriating called Per.fions or Indemnities. MS. in Bibl. Cott.
:

3lnbirrmcnt

or

Gfrioicfmenf,

India amentum,

comcth of the French Enditer, indicate; or ac cording to Mr. Lambard, from the Greek viSiurvfif.

Eirinar.

lib.

in

our

Common Law
1.

4. cap.

5.

as
in

much

It fignifies pag. 468. as Accufatio in the

it

Civil
Weft.

Law, though
par.

fome Points

differ.

fub efpgie Cteopatr*. F.

jj.ilOinturr,

fol.

84. a.

(Indentura) Is a Writing comprifome Contract, Conveyance or Covenant between two or more, and being indented in the Top anfwerable to another Part, which hath the fame Contents, it thence takes its Name ; and differs from a Deed-Foil, which is a fingle Deed unindentcd. Coke on Littl. fol. 229. I have feen a Deed of Agreement, {tempore Edv). I. J concluding
sing

thus, In

cujits

rei

tejlimonium
appefuit.

m.ifo Sigillum

fuum

alterius fcripto in medio This the Greeks call'd

have fcribc his Name, and proffer his Oath for the 3i/?*ecv or tvyyo*$nv t which the Civilians defined to be Scriptura inter creditorem &> debito- Truth of it. It is always at the Suit of the King, rem indeflfata, in cujus fciffura Uteris capitalibus b&c and differs from an Accufation in this, that the diBio 2t/v>pefi>, or plurally ra. tntyyfV*, fcribi- Proferrer is no Way tied to the Proof thereof tur ; and it differs from y^nolyfa.^- , quia hoc mamt upon any Penalty, if it be noc proved, except See Smith de Rep. unius tantum pitta debitoris ftribitur, &> penei dibitorem there appear Confpiracy. Pruinc. conflitut. de Offic. arcbidiacano. cap. Angl. lib. 2. cap. 19. Staund. pi. cor. lib. a. cap. 23, relinquitur. Enditements of Treafon ought 24- f*c ufi'> ad 34. prim, vcrbo in fcriptis. Is a Writ or Prohibition that lieth to be very exactly and certainly penned. Cot 7 31notcat)it for a Patron of a Church whofe Clerk is Defen- Rep. Calvin 'i Cafe ; and they muft contain the dant in Court-Chriftian, in an Action of Tithes Day, Year and Place. See 37 H- 8. cap. 8. and

Symb. Tit. Inditements, defincth it thus, An IndiBement is a Bill or Declaration made in Form of Law (for the Benefit of the Commonwealth) exhibited as an Accufation of one for fome Offence, cither criminal or penal unto Jurors, and by their Verdict found and prcfented to be true, before an Officer having Power to punifti the fame Offence. It feemi to be an Accufation, becaufe the Jury that enquireth of the Otfcnce, doth not receive it, until the Party that otfereth the Bill appearing, fub-

commenced by another Clerk, and extending

to

Is he that indiBeth another for any the fourth Part of the Church, or of the Tithes "=Jin.0iilO,J Cafe the Suit bclong- Offence. 1 E. 3. cap. 11. And IndiBet is he that belonging to it ; for in this eth to the King's Court by the Stat. Weflm. 2. h indicted. 21 J-ac. cap. I. Wherefore the Patron of the Defendant, ^inOiRanrtr, Without Delay. Matt. Weflm. cap. 5. his Church and Anno 1244. Indiftanter remeavit. being like to be prejudiced in fJtlBltoifum Is ufed for that which Two hold in Advowfon, if the Plaintiff obtain in the CourtChriftian, hath this Means to remove it to the Common, without Partition. Kitchin, fol. 421. in King's Court. Reg. Orig. fol. 3 5. Sec Old Nat. thefe Words, He holds pro indivifo, Qfc. A ftudious young Man, or a Brev. fol. 31. and Brittn,cap, 109. jjintioli*, i. t. one is accufed Youth. Ego Edgar Indolis Clito cofifenfi. Mon. Angl. ^InDUttP, (IndiBatus) When any by BiU or Declaration, and preferred to Jurors 3 Tom. pag. 110. at the King's Suit, for fome Offence, either criNititur indolem claris parentibus ortum minal or penal, he is faid to be indicted thereof. FleBere cum precibus, SPc Item utimur quod fi aliquis Comburgenfium noflrorum

3 par. Infi. fol.

34.

St indiftatus feme!, bis vel ter, aut piuriei, in alinon olflante quod non Jit conviHus, qtio cafu Corona, internet fufficientem fecuritatem de bene gtrendo fe

Quia dicitur in Communi Lege, erga Balivos, &c. 5 atlinBi, per Leges Of quod tales funt reprobati Ctnfuetudines diBi Burgi, tales non funt accepti ad

&

Placita, nee ad Judicium inter nos dandum, quia exeunt a Conditionibus noflris. MS. Codex de LL.

Is amentum, TdntlOpfemenf, Indorf any Thing written on the Back of a Deed, as a Condition writren on the Back of an Obligation is commonly called An Indorfement. Weft. Symbol, part 2. The Sealed and Delivered, &c. on the feB. 157. Back of an Indenture is called the Indorfe-

ment.
jJjutMttiOll,

Statutis

&

Confuetud. Burgi Villse Mountgomcr.

2. fol.

InduBio,

leading into

It is

a temp. Hen.
3'nuiitlC,

16.
:

quam enim funt

with Indictment Nonnun- Incumbent of his Church, by leading him into &> Indicti- it, and delivering him the Keys, by the CommifSome- fary, or Bifhop's Deputy, and by his ones vulgariter fie appellate. Du Cange. ringing one the Space of Fifteen of the Bells. Crdke, Rep. 3 part. fol. 258. times it is taken for Years. "In effr, 2 1 7ac. cap. 2. In Being : The Learned "jfinDictl'OU, {IndiBio, ah indictndS) The Space of make this Difference between Things in effe, and fifteen Years, btf which Account Charters and Things in poffe ; as a Thing that is not, but may publick Writings were dated at Rome, and anci- be, they fay, Is in Poffe, or Potentia but a Thing
Accufationei de Forefia,
;

The fame

commonly taken for the giving

Pofleffion to

moft an

ently in England too, every Year ftill ijicrcafing one, till it came to fifteen, and then returning to one again ; which Account of Time began at the Difmiffion of the "Skene Council, Anno 312. Facia funt h*c Anno Dominica Nativitatis 904. In-

apparent and vifiblc, they fay, Is in effe, that is, has a real Being eo inftanti, whereas the other is cafual, and but a Poflibility. As, a Child before he is born, or even conceived, is a Thing in Poffe, or which may be: After he is born, he is dictionc 8. Regni vero Eadgari Jnglorum Regis fex- laid to be in effe, or actual Being. to. Charta Eadgari Regis Ofivaldo Epifcoy Werge3lnetoarouF, Inwardus, A Guard, a Watchman, And a Charter of King Hen. 3. dated one fet to keep Watch and Ward. In Limw ceajlre.
18 apud Cbippebam, Anno Domini 1266.
die

April.

Indicfionc

nona, nare Left in Brefennei babet 11 caretas t Qp 11

Rex confuetudinem

fil.

flicas anguiUarttm pro uno

Inewar-

do,

N
touching
47.
latro
thifi,

IN
345. And Skene de verb, fignif. who writcth of it at large, reciting Divcrfity of Opinion*
fays,

do, &* de uno invade Northbnyge xii. denarios aut ttnum Incwardum & dt Dena xviii. denarios, &* de Garra union Incwardum. Lib. Domcfday Chcnth. Quando Rex venatui inftabat de unaquaq; domo per conjuetudinem that unus borne ad ftabilitionem in plva.
Alii homines non habentes integras mafuras inveniebant

and Outfangthefe. Fleta, fib. I. cap. Infangthefe (for fo he writes it) dicitur

captus in terra alicujus, feiptus aliquo latrocinio de fuis propriis hominibus. Anno 1 2 P M. cap.

&

&

incwardos, ad aulam quando Redierant in civitate. Lib. Domefilay. Hcrcfordfhire. 3|nfanf, Infant, Before the Age of one and in Ralph twenty Years, a Man or Woman is called an Injjlnfaliflatua: This Word occurs only de Hengham, fumma parva, cap. 3. vir commipt felo- fant in the Law. Co. on Lit. lib. 1. cap. it. Of lib. niam eh quam fuit fufpenfus, utlagatw, vtl alio x. cap. 28. An Infant of eight Tears of Age, or tnodo morti damnatus, vel demembratus, vel apud Do- above, may commit Homicide, and be for hanged vel apud Southampton fubmerfut, it, viz. if it ver* infaliftatus, may appear by hiding the Perfon, vel apud Winton demembratus, vel decapitatus, ut by excufing, or by any other AS that -he had apud Northampton : vel in mart fuperundatus, pcut Knowledge of Good and Evil, and of the DanMr. Selden in his ger of the Offence, for here Malitia fupplebit in ali is partibus portuum. Notes on that Author, fays thus, " It appears tctatem; yet Co. upon Lilt. felt. 405. faith, " that fcvcral Cuftoms of Places made in thofe That an Infant fliall not be puniihed till the Age " Days capital Punifhmcnts fcveral. But what is of fourteen, which, fays he, is the Age of DifIn Regard of its being a Cuftom cretion. infaliftatus* " ufed in a /. #. To inform the Port-Town, I fuppofc it was made 3infenfare Curiam, " out of the French Word Nee debet Judex facere fe partem ip Falize, which is fine Court. " Sand the Sea, by the Water Side, or a Bank of aliquo placito, Sfc. nip ad Infenfandam Curiam, M In this Sand or Bank it feems their Execution " at w". The elaborate Du- Frefne does Inter inpdeles connumerare, 3itlfiDf[e, Heathens. condemn this Derivation and this Senfe of the to excommunicate. So Henry Bifliop of WinchtWord, but yet gives no better. And therefore fter threatned Brien Fitz Count, Lord of Walingwe have more Authority, we may conclude ford, in the Reign of King Stephen. till Et fomc did that capital vos {quod tamen mibi conpteri grave eft, nee cordi meo imply Infalijlatus inter infidelcs AnglU conPunifhment inflifted on the Sands or Sea-Shore fedet) nip correxeritis, When Perhaps Infaliftatlo was Expofing the Malcfa&or numerabo. Paroch. Antiquit. pag. 100. to be laid bound upon the Sands, till the next the Popes of Rome gave empty Titles to fomc full Tide carried him away ; of which Cuftom if Bifhops, afligning them to remote and imaginary there is fome dark Tradition. Sees, they were faid to be Biftiops in partibus InfiI forget not, However I believe the Penalty took Name from del urn. the Norman Falefe, Falepa, which fignified not jjinfirmaritlflf J In Monaftcries, there was an the Sands, but rather the Rocks and Cliffs Apartment allotted for infirm or fick Perfons ; I only adjoining or impending on the Sea-Shore. See and he who had the Care or Cuftody of this InSee Mat. Par. the like Ufc of Falepa in Men. Angl. torn. 2. pag. ftrmaria was called Inprmarius. fub anno 1251. Tbo. Stubb, fub anno Ii8j. WiU. JlnffltlS alias ^ilfrng, Signifcat quietantiam pri- Thorne, fub anno 1128, cfe. See Afforeftare. oris prifc ratione convivii. Flcta, lib. 1. cap. 47. 3|llf0;eftare. %n fo;jma pauperis: When any Man that hath 3|nfange tljt'fe, iftmfongthefe or 3infangthcof, Is compounded of three Saxon Wordi ; the Prcpofi- a juft Caufe of Suit either in the Chancery, or tion In, fang or fong, to take or catch, and any other the Courts of Common Law, will come It fignificth a Privilege or either before the Lord Keeper, Mafter of the a Robber : thefe, Liberty granted unto Lords of certain Manors Rolls, either of the Chief Juftices, or Chief their Fee. Baron, and make Oath, that he is not worth five to judge any Thief taken within Braihn, lib. 3. trait. 1. cap. 35. faith, Dicitur In- Pounds, his Debts paid, cither of the faid Judges

Dwr

fanglhef latro .aptus in terra alirujus de hominibus Utfangthcfc vero fuis propriis, feiptus Latrocinio. dicitur latro extrar.eus, veniens aliunde de terra aliena babet liftp qui captus fuit in terra qui tales
ipjius,

bertates,
Confejfor,

&>c.
fct

Laws of King Edward the out by Mr. Lambard, cap. 16. you
In

the

have
rit

it

thus defcribed.

Infangthefe, juftitia

cag-

nofenrtis latronis

fua

eft,
:

fuper terram

fuam

de homine fuo, Ji captus fuelUi vero qui non habent has

rectum faciant confuetudines coram juftitia Regia e. i. in Hundredi 1 , &V. Quod Infangthef,
latrones capti
ftp

in

de latrocinio convicti in Curia

ad furcas ejus fufpendentur. Ex Reg. Priorat. de Cokcsford. So that it was neceflary the Thief ihould be taken in his Lord/hip, and with the Goods ftolcn, otherwise the Lord had not to try him in his Court ; but by the {urifdiftion .aws of Edward the Confejfor, he was not rcftrained to his own People or Tenants, but he might try any Man who was thus taken in his Manor The Definition hereof fee alfb in Brltton, fol. 90. and Rog. Uovenden, part, pojter. fuor. annal. fol.
:

ftp Dominio vel feodo Prioris, Domini Prioris judicentur,

will in his own proper Court admit him to fue in forma Pauperit, and he fhall have Counfcl, Clerk or Attorney afligned to do his Bufinefs, without paying any Fees. fO? ttje &!lig, Informatio pro Rege, 3D.'. formation Is the fame that for a common Peribn we call a Declaration, and is not always done direflly by the King, or his Attorney, but fomctimes by another, qui fequitur tarn pro Domino Rege quant pro the Breach of fome penal Law or feipfo, upon Statute, wherein a Penalty is given to the Party that will fuc for the fame ; and may be either by A&ion of Debt or Information. See Indict-

ment.

3|nf0^ttiatU5 non futn. or more truly /I?on fum ^Inft^matlU, Is a formal Anfwer made of Couric by an Attorney, that is commanded by the Court to fay what he thinkcth good in De-

fence of his Client, who being not inftru&cd to not informfay any Thing material, fays^ He is bis Client ed, by which he is deemed to leave and fo Judgment pafleth for the undefended,
adverfe Party.

Sec the

New

Book of Entries, Tit

12.

Non fum

informatus,

and Judgment

3info^mrr .1

I
31nfOJinfr,
Informator,

N
or
Seflions,

N
Ingrejfu fuper dijfeifina
in It

Common Law, viz. Aflifes Common Pleas,

or profecutes, in any

Is any one who informs Land or Tenement, being out of his Wits, &Pe. of the King's Courrs of Ingrejfu dum fuit infra atatem. Old N. B. fol. 1 23. Exchequer, King's Bench, Reg. Orig. fol. 2 28, lies where one under Age

thofe

fells

his

Lands, V.

that offend againft any Law, or penal Statute : quibus. Old N. B. 125. Reg. Orig. 229. lies where Thcfe, in fome Cafes, arc called Promoters ; the a Man is diflcifled, and dicth, for his Heir Civilians term them Delatores. againft the Difleifor. Ingrejfu in le Per. Old Nat. ^!nfo;ttatUtn Is one Part of the Digefts of the Brev. 126. Reg. Orig. fol. 229. Ingrejfu fur cui in Civil Law, and was To called by Robert Sivapham, vita. Vet. N. B. 128. Reg. Orig. 230. both which in a Chronicle of the Monaftery of Peterborough fee in Entry. Ingrejfu caufa matrimonii prdlocuti. who lived in the Reign of H. 3. who tells us Vet. N. B. fol. 230. Reg. Orig. 233. which fee

cafteUo, vel fucciderunt vel incenderunt. Flor Wiejus Ponant burrocas gom, (ontin. fub anno 1 138.

an Abbot of that Monaftery, who in caufa. Matrimonii prelocuti. Ingrejfu in caufa prothe Year 11 94. defcribed feveral Law vifo. Vet. N. B. 132. Reg. Orig. 235. which fee Books, among the Reft, the Inftitutions of Jujlini- in cafu provifo. Ingrejfu cui ante dvort;um. Vet.N.B. For which fee Cui anan, with the Authentiks, the lr.fortia.tum, the Old fol. 130. Reg. Orig. 233. te dlvorlium. &c. Ingrejfu in cafu conjimili, for which Bigejl, 3in rang Is derived from the Prcpofition, In. fee Cafu conjimili. Ingrejfu fine ajfenfu capituli. Reg. and Sax. Freab, i. e. Free 'Tis an Exemption Orig. fol. 230. It is a Writ given by the Common Law to the Succcffor of him that alienated fine from a Mulft for Manflaughter. To put to Flight : *Tis mentioned ajfenfu capituli, &c. and is fo called from thofe jjftnfugfcrf, in Leg. Canuti, cap. 32. viz- Qui forisbannitum pa- Words contained in the Writ. Co. on Lit. fol. 325. And Ingrejfu ad communem Legem. Vet. N. B. 132. verit, vel ei firmationem aliquam exhibuerit, emendet eum nefci- Reg. Orig. 234. which lieth where the Tenant lib. Regi J niji fe adlegiet quod Infugatum for Term of Life , or of another's Life, Tenant ebat. Garment of a Prieft, like that by Curtefy v or Tenant in Dower, makcth a ffin'tlh Was the which we now call a Caflbck ; fometimes it fig- Feoffment in Fee, and dieth He in the Revcrfion fhall have the aforefaid Writ againft whomnifies a Coif. "Jnp i This Syllable, in the Names of Places, foever that is in the Land, after fuch Feoffment or Pafture : From the Sax. Ing, made. fignifies a Meadow and in the North, Meadows are (till e pratum, TflngrefTnB. The Relief which the Heir or Succeffor at full Age paid to the prime Lord, for called the Inges. or Device. entring upon the Fee, or Lands, which were 3|ng?niir.ri, Ari Engine, Inftrumcnt. 6 inge- fallen by the Death or Forfeiture of the Farmer Exierunt enim jam f<epius de

That

BeneditJ,

died in

/'.

nia

fuas

alia ingenia ubicunq; voluerint ad capiendos Cartular. Abbat. Rad inges. MS. f. 55. b. It is often taken for Inftrumcnts ufed in War, his arte &P Ingcnio confe&um, from whence we derive his
pifces.

&

levatio,

This Relevium, Relevamentum or Rewas fometimes called Ingrejfus, and fometimes Introitus, being but a cuftomary Due (as at firft only an honorary Prefcnt) to the Lord from
Feudatary.

the

Word

Engine.
ita
retro

Ingenia vero
fojfata
eis

ftianorum
parte

erant,

adverfa poterat
e.

nocere.

pararia Chriquod nullus ex Brompton. pag.

&

new Vaffal, for his Entry or Ingrefs upon Land or Fee. ilngroffatoj magnt Eotult. See Clerk of the

Pipe.
]J|tl grofi? Is that which belongs to the Perfon of the Lord, and not to any Manor, Lands, &>c.

1166.
ifngcnutfflg, ;.

Villain in Grofs, Advowibn in Grofs, &c. Co. Si quis per on Lit. fol. 1 ;o. a quolibet hoFrom the French Grofier, ^ill^roffer, Ingrojfator, that is Solidarius venditor, is one that buys Corn mine ad fervitium interpellatus fuerit, <??c. or dead Vi&uals to fell again, except 3fltigcnUltaB fien.ni, Ingenui, Libert Legales growing, of the Bailey for Malt, Oats for Oatmeal, or ViSuals Homines. Freeholders, Commonalty Kingdom. Not that the Word was restrained to to retail ; Badging by Licence, Buying of Oils, Yeomen or Plebeians. For it was fometimes gi- Spices and Vi&uals, other than Fifti or Salt. of Hen. Anno 5 E. 6. cap. 14. 5 EHz- 14. 13 Eliz- 25. but ven to the Chief Barons, as in the

Liberty given to a Servant As

by Manumiflion. Leg. H. 1. cap. Cbartam Ingcnuus dimijfus fuerit,

&

89.

&

Reign

Anfelmus Archiep. Cant, in Pafcba Curiam venit, Regni Ingenuitatcm prafens confulit, i. e. the great Lords and King's Common Council. Eadmer. Hijl. Nov. fol 70. 31ng0f, A rude Mais of Gold or Silver before it is coined From the Bclgick Ingleten, infunl.~~
:

2. Tit. Inditements, StcJ. 64. Weft. Symbol, part fays, This Definition rather doth belong to unlawful Ingrojjlng, than to the Word in general.

See

Foreftaller,

and

dere.

accufe. Sec Cravare. a Writ of Entry, whereby a Man fceketh Entry into Lands or Tenements: It lies in many Cafes, and hath many feveral Forms. Sec Entry. This Writ is alfo called in particular, Precipe quod re.Uat ; becaufe thofe be formal Words in Writs of Entry. The Writs, as they lie in divers Cafes, are thefe, fet down in the Old Nat. Brev. viz. Ingrejfu ad Terminum qui prete3iujjra\)arr,

To

Records or Inftruments of Law in Skins of Parchment; As in Henry the Sixth's Time, he who is now called The Clerk of the Pipe, was called Ingrojfator Magni Rotuli ; ancl
the Comptroller of the Pipe, was called Duplex
fator.
ingrof-

aifo a Clerk that writes

3 par. Inft. fol.

195. Ingrojfer is

^InflreffU Is

Spelm.

5!nflro{fing Of a JFine Is making the Indentures by the Chirographer, and the Delivery of them to the Party unto whom the is

Cognifance

made.

P.

N. B.

fol.

^inheritance,
Littleton,
lib.

147. Htreditas,
cap.
is

Is

Lands or Tenements to a
1.

Man

and

his

Perpetuity in Heirs: For

rit, fol.

121. Reg. O/ig.fol. 227.

which

lieth

where

the Lands or Tenements are let to a Man for Term of Years, and the Tenant holdcth over
his

Word

Inheritance

Man

1. hath thefe Words This not only undcrftood where a

hath Inheritance of Lands and Tenements by

Term.
Orig.
1

Ingrejfu

dum

non
lies

Reg.

218.

which

fuit compos mentis, Defcent of Heritage, but alfo every Fec-fimplc when a that a Man hath by his Purchafe, felleth or Fee-tail

Man

may

I
may
inherit after

N
&

be laid by Inheritance, for that his Heirs may From the S.ix. h.lapi.im, i. c. lnlaare. I: him. Several Inheritance is that which Jeipfum legis patrocinii adeo capacem rcdd.it, ttt r., two or more hold fcverally ; as if two Men h:ivc penfationem admittatur. LL. Canuti Reg. V Land given them, to them and their Heirs of cap. 2. their two Bodies; thefc have joint Eftates duJlulanarp, To rcftorc to the Benefit ol Law. Edgarus puer veniens ad earn a Scotia, ring their Lives, but their Heirs have fcveral See Terms it la Ley, Rex eum inlagavit omnes homines fitos. Anna! Inheritance. Ritehin, fol. I 5 5. Waverl. fub anno 1074. verba inheritance. the King in HerejJlHldBtl or JnlflUflll, Inlagatus, vel homo f:ib lege 3Inl)etafll'DUH, One attending
Domefday.
fignifics

ford and Cambridge Shires.

"^Inhibition,

him

that

is

in

fomc

Frank-pledge,

and roi

Is a Writ to inhibit or outlawed, of whom take BraBon's Words. /.Inbibitio, a Judge from further Proceeding in the Trail. 1. cap. It. Minor vera, Of qui infra at ate ni Caufe depending before him. Sec F. N. B. foL duodecim annorum fuerit, utlagari non potejl nee extra and Inhibition to- legem poni ; quia ante talem atatem non eft fub lege 39. where he putteth Prohibition Inhibition is molt commonly a Writ i (fil- aliqua nee in decenna, non magis quam fau.ina, qua gether. lower utlagari non non eft fub lege, i. Ining out of a higher Court Chriftian to a poteft, quia ipfa

forbid

upon an Appeal. Anno 24 H. 8. and 15 Car. 2. cap. 9. And Prohibition out of the King's Court to a Court-Chriftian, or to an inferior temporal Court. nor 31nl)0f , This Word was neither interpreted mentioned in any Gloflary before the Edition of Mr. Rennet's Parochial Antiquities. It properly a common fignifics, any Corner or Out-part of Field ploughed up and fowed (commonly with Oats or Tares) and fometimes fenced off with a dry foot Hedge, within that Year wherein the Reft of the fame Field lies fallow and common. It is now called in the North an Intock, and in or Hitching. It feems deOxfordjbire a Hitchinne, rived from Saxon Inge, a Field or Meadow, or rather from inne within, and hoke a Corner or Nook. The Making of iuch Inhoke, or fcparate Inclolure by any one Lord or Tenant, was a Prea Right of Common. judice to all who had
and
inferior,
cat. 12.

laugh laughc
1.

jinglice,

fc.

mafculus duodecim
fignificat

A in framo plegio five decenna fie, annorum tf ulttrius, &c. Inhominem fubjeBum legi. Flcta, lib.

cap. 47. 3|niailP, lulandum, Terra Dominicalis, Pars Manerii Dominica, terra intericf, For that which was let out to Tenants was called TJtltnd. In the Tcftamcnt of Brithericus, in Itinerar. Rantii ; thus,

that Inland, to JEljege <WUiland, Lego terras Dominkales Wulfcgo, Tenementales jElfego. Thus Englified by Lambard, To Wulfee (I give) the Inland or Demeans, and to Elfey the Outland or Tenancy. Ex dono Witt, de Efton 50. Acras de Inlanda fua. Rot. Chart. 16 Hen. 3. m. 6. The This Word is often found in Domefday. Saxon Thanes, who poffeffed Bocland or hereditary Lands divided them according to the Proportion of their Eftates into two Sorts, Inland and Outland. The Inland was that which lay next prater Walterus Prior Berencefiria fieri fecit quoddam or moft convenient for the Lord's Manfion-Houfc, Inhoc in campo waratibili utriufque Ernicote in as within the View thereof, and therefore they Abbas kept that Part in their own Hands for SupportaMuclecroft, fub curia ejufdem Prior is, per quod their Family, and Hofpitality. The Ofen dheb.it fe de communi paftura ibidem diffeifiri. tion of Paroch. Antiq. pag. 297. Noverit JJniverfitas iiefira Normans afterwards called thefc Lands terras DoThe nos fecijfe quoddam Inhokium in campo de Dunthorp minkales, the Demains or Lord's Lands : Conventus de Cold Germans terras indominicatas : The Feu ifts terras &P voluntate Prioris fine ajfenfu unde quorundam fratrum & aliorum curias ac intra curtem, Lands appropriated to the Norton. Amiiorum freti corfilio pradiRum Inhokium valunt Court or Houfc of the Lord. See Mr. Rennet's This Trefpafs or Encroach- Gloffary in Inlands, b. p. 298. depafcere. ment was cxprefly prohibited in fomc Charters. Johannes Ingleby Prior demur ^InianO'tltb, hac ratione quod Domimts hayam nee pa Jtfu de Bethlem de Shene Qp ejufdem loci Conventus, ab hominibus infra campum Patroni Ecclefia patochialh de Midleton Chev.dnyt in fiuram feparabilem faciat concedunt jfacobo Benett die! a wareBabilem. Ibid. pag. 496. And therefore no Com. Northampton, fuch Hitchinne is now made without the joint Ecclefia ReBori omnes decimas. ingranis, videlicet. Confent of all the Commoners, who in moft banc decimam qua mihi vulgariter nuncupatur InlandPlaces have their Share by Lot in the Benefit of tithe cum fuis pertinentiis, fiqua funt. Dat. it. Except in fome Manors where the Lord has ultimo die Junii 1479. Ex Memorandis Thorns a fpecial Privilege of fo doing. See Mr. Rennet's Rothcrham Epifcopi Line. MS. f. 14. fHf 1 Demcfnc or Inland, to Gloffary. ^flnlamai, 3|n(ant Land tenanted or ^Injunction, InjunBio, Is a Writ grounded up- which was oppofed Delantal.
/.

To Wulfege,
e.

&

>

on an interlocutory Order

in

Chancery

fome-:

times to give PofleHion to the Plaintiff, for want of the Defendant's Appearance; fometimes to the King's ordinary Court, and fometimes to the Courr-Chriftian, to ftay Proceedings in a Caufe upon Suggcftion made, that the Rigour of the Law, if it take Place, is againft Equity and Conscience in that Cafe. See Wefi. Symb. part 2.
Tit. Proceedings in Chancery. fcSt. 25. 3initearDUfi (Inewardus) Alii homines non habentes
integras

Abbat Conventus Glafton. cor.ceffeOutland. runt vicario de Sappkvike decimas bladi omnium croftarum tunc exifier.tium, duntaxat qua non funt Inlantal in iota parochia de Sappiiuike, eo quod omnes ha crofu funt Delantal. Chartular. Abbat. Glaftou.

&

MS. t

1 1 5.

b.

3jnfealeo, or infnared

From
;

the

the French Enlajs, intanglcd Word we may read in the

Co. Inft. 2. par. fol. 247.

Champion's Oath.
31ntfgiare : the Law, and
inlcgiare.
in quibus
til

When
is

a Delinquent has
rectus in curia,

fatisficd

mafuras inveniebant Incwardos ad Aulam,

again
alia

he

is

faidj

quando Rex erat in Civitate Heref. Heref.

Domcfday,

Tit. fe

Sunt

Rex

placita ChriftianitaA, partem habet hoc medo. Si Rex pa-

quadam

^inlagar? or "^nlafatim (Inlagath) Is a Rcfti- ti.itur ut qui in Ecclefia feeerit homkidium, ad enientution of one outlawed, to the Proteftion of the dationem veniet, prima Fpifopo &> Regi pretium nativi ita fe inlegict, deindt componat de Law, or to the Benefit or Liberty of a Subjcft. tatis fua reddat, pa.e Ecrfefi* 5 Lib. &c. Leg. Hen. 1. cap. 1 1 .

&

gnm&feg,

N
fon

dwell 3J|nmatf0 Bo thofe that arc admitted to for their Money jointly with another Man, tho' in fcveral Rooms of his Manfion-houfc, pafling one Door, and not being able to in and out

but this innuendo muft neither enlarge (he ; Scnfe of the Words, nor make a Supply, or alter the Cafe where the Words are defective. See

by

other gentile Exercifes, as may make them Forto the King in his Court. well 49. Of thefe there are four juriditef.ue, cap. known, viz. The Middle Temple, Inner Temple, Lin- cis. 'Tis colns-lnn and Grays-Inn, which with the two Ser3102t>inatUS Is one who dies intcftate and eight Inns of Chancery (as Sir Ed- mentioned in Matt. Wifim. '-46. and in W. Tyjeants-Inns, ward Coke fays) make the moft famous Univerfity rius. Lib. 1 2. cap. 2 5. viz- Ordi..tus vel inordhnitus, for the Profeffion of Law only, or of any one hu- quod nos fine lingua dicimus, obierit. and QPutpenp, In the Regifter of the man Science in the World ; concerning which, IJUprtlP fee D::gdale's Origines Judiriales. Priory of Cokesfoi 'd, pag. 25. Thus.. Inpeny Common Inns are inftituted Outpeny confuetndj talis efi in Vina de Eaji Radbam, jfltHI, Hoffttium, for Paflengers ; for the proper Lat,n Word is de omnibus terris q: .& infra Burgagium tenentur', viz. locaufc he that lodgeth there isi Quod ipfe, qui vendiderit vel dederit diclam tenuram Diverferium, divertens fe a via ; and therefore if a Neigh- alicui, dabit fro exitu fuo de eadem tenura unum dequap bour which is not a Traveller, as a Friend at the narium, QP pmile pro ingrefju alterius. Et p prtdiBi and his Denarii aretro fuerint, BaUivus domini diHringet pro Requeil of the Inn-kee cr lodge there, Goods are ftolen, he mall not have an A&ion, eifdem denariis in eade~n tenura. Thefe Words and for the Writ is Hofpltandos homines per partes , uhi' Cuftom are alfo mentioned in the Rolls of a &" in eifdem Court there held, about the Fcaft of Epiphany, exifiunt tranfeuntes
all

which are inquirable in a Leer. Kitchin, fol. 45. where you may read who are properly Inmates and who not, in Intendment of Law. Are fo called, JlltlS Of Court, Hofpitii Curit, becaufe the Students therein do ftudy the Law, to enable them to praSife in the Courts of Wejlor elfcwhere ; and alfo becaufe they ufe minfier,
maintain thcmfelvcs
;

Hutton's Rep. fol. 44. 3,nnoriarf, To clear one of a Fault, and make him innocent: Si quis furem innoxiare velit unum dretum in vadio ponat. Leges Ethelredi, cap. 10.

apud Brompton.

empt a Man from appearing

1.

JnoperatiO
cap. 61.

Is

one of the lawful Excufcs to exin Court. In Leg. H.

more fcrviceable

Caufx qua ad excufationem fufpeiunt, QPc. ep, vel inprmitatis, vel domini necejjitatis, vel contramandationis, vel Regis implacitationis, vel Inoperationis caufa, that is, on the Days in which all Pleadings are to ceafe, or in diebus non
hoc
:

&

j j

hujufmodi hofpitia 8 Rep. Cayle's Cafe: Neither Anno 12 Rich. 3. Spclm. Co. hofpitantes. Scifliall the Inn-heper anfwer for any Thing that is 3J Si, Adherents or Accomplices. out of his Inn, but only for fuch Things as are atis quod recepimus in gratiam nofiram Gilbertum omnes qui fuerunt Imprifii Richarthe Words are eorum bona &> catalia MarefchaUum, infra hofpitium; ilia exiftentia. Clauf. 1 8 H. 3. in Brady Hift. Any Perfon found di MarefchaUi. infra hofpicia or Ale-houfe, ffiall be adjudg- Engl. Append, p. 180. tippling in any Inn ed within the Statute againft Drunkennefs, 21 3|nquitv ;oo Is an Authority given to a Perfon or Perfons, to enquire into fomething for 1. cap. 4. fac. and 1 Car. for jjlamium, i. e. Pledge. In- the King's Advantage, which, in what Cafes

&

3Jlnnamum

nama

no* capiantur nip per

communem

affenfum.

Du
Et

it

lieth,

fee Reg.

rig. fol.

72, 85, 124, 265, 266,

jjlnqutfitton, Inquiptio, Is a Manner of Proceeding in Matters Criminal , by the Office of the Judge, or by the great Inquefi before Juftices in tiam ac improbitatem, quam Rex FrancU ei fecerat, Eyre. See Eyre, and the Places in BraUon and &> ibidem Regem FrancU diffidabat, V. Hen. de Britton there quoted. Hopenps defines it thus,

Cange.

3lnnatural(ra0,

Unnatural

Ufage.

267.

ibidem Imperator coram omni populo congregate ofiendit inobedienomnibus innaturalitatcm tiotipcavit

&

&

Knyghton, in Edw. 3. p. 2572. ^'WMStfj Lands recovered from the Sea by draining and braking. As in Romney Marfb, old Records make Mention of the Innings of Archbifhop Beckct, Baldwine, Boniface, and Beckham. At this Day Elderton's Innings, Sv. Saxon In3|nnonia, An Inclofurc From the In an ancient Charter mentioned in nan, intus. we read ; Sciatis me concefjtjfe toSpelman's Gloffary unum utm illud Meffuagium in Baron Benedkb,
:

Inquiptio

nihil

aliud
ca.

ep

quam

alicujus

criminis

mamfefli

ex bono

) ttquo fudicis competentis canonice

Croflum
bolmes,

&

&

de accufat. in the Dewith us ufed for the King in temporal Caufes and Profits, in which Kind it is confounded with Office. Staundf. Pr*rog. fol. 51. See Office. 3inquififOJ>j, Inquiptores, are Sheriffs, Coroners, fuper vifum corporis or the like, who have Power to inquire into certain Cafes. Statute of Marl-

faBa

invepigatio.

qualiter

cretals.

Inquiption is

alfo

duas Innonias aut inclofuras, vocat. in- bridge,

cap. 18.

Britton,

fol. 4.

and Wepm.

1.

En-

quirors or Inquiptors are included under the

Name

Letters Patent fo called, of Minipri. 2 Par. Up. fol. 211. jsjlnnorefcimutf, which are always of a Charter of Feoffment, or 3!iirollment, Irrotulatio, Is the Regiftring, Reand fo cording, or Entring of any lawful Aft in the fome other Inftrument not of Record called from the Words in the Conclufion Inno- Rolls of the Chancery, as a Rccognifance acknowtepimus per pr&fentes. An Innotefcimus and Vidimus ledged, or a Statute, or a Fine levied, or in the Rolls of the Exchequer, King's Bench, or Comare all one. See Page's Cafe, 5 Rep. "^nnuenfiO, From Inuo, To beck or nod with the mon Pleas, or in the Hupings of "London, or by Head, is a Word frequently ufed in Writs, De- the Clerk of the Peace in any County, as a clarations and Pleadings, and the Office of it is Statute or Rccognifance acknowledged, or a See Wep. Symbol, only to declare and afcertain the Perfon or Thing Deed of Purchafe enrolled. which was named or left doubtful before as to part 2. Tit. Fines, fetl. 133. and 27 H. 8. the Plaintiff) is a Thief 16. fay, He (innuendo, where there was Mention before of another Per
; ; ;

Klnfcrip*

thofe written Inftruraents Time, that is not dividable in Nature, in the JllftttptiOlieB Were of Charters by which any Thing was granted. In Confideration of the Mind is divided. Cone. Clovellioe Anno 800. His diilis prolate funt InInffgurum Is ufed in ancient Deeds for * Item Manerium iliud nullum Qfc. terrarumque ftbi adjafen- Stock of Cattle.
fcriptioncs Monafterii, tium.
inf"(tatO?,
/-

A Profccuror or Adverfary at Law. ttiam ejus Infeftatorcs parvo poft tempore Qhod duraverunt, imo dira morte perierunt. Paroch. Antiq.
p. 388.;

Jnfetena, {Sax.) An Inditch. Item ordinaverunt exiftente. Fleta, lib. 2. cap. 72. left. 7. So Inquod Qutubetacra pro WaUis, Infetcnis &> Watergan- ftaurum Etcleft* is ufed for the Books, Plate, Romeneienfis Vcftments, and all other Utcnfils belonging to a giis emendetur pro 40 fol. Ordinatio Marifci, p. 73. Church, by the Synod of Exeter, Anno 1287. can. JnftCHx, The fame with VigilU or Excubis. Fle- 12. 44, 53. So terra injlaurat a was Land ready ta, lib. 2. cap. 4. par. 3. Infidias autem noifumas ftocked, or furnifhed with all Things ncccflary non tenetur facere, fed ftngulis no&ibus in crepufculo to carry on the Ufe or Occupation of a Farm. As in the Magna Cbarta of King John, Anno 121 J. Infidias afftdebit, &>c. 3nfiDuro^0 toiarum, Waylayers, or fuch as Et reddat baredicum adplenam ttatem venerit, terram lie in wait, arc Words which by 4 H. 4- cap. 2. fuam inftauratam de carucis &> omnibus atiis rebus. arc not to be put in Indihncnts, Arraignments, Inftauratio in our Hiftorians and MS. is taken in the fame Senfe as Inftaurum. Appeals, &>,; 3|nlfirpare, i. e. To plant or cftablilh jnfiliuni, 111 Advice, or pernicious Counfel. Nonfecurum eft gentem externum &> turbidam Inftirparc. Rex Danorum Sioanut per infilium, in curiam traditionem Normannici Comitis. civitatem Ex- Brompton. pag. 935.

reduce to Servitude. Si ingenuus &> ft ipfa poftea fuerit InDu Cangc. So Infervire tenementa is to fervita. to Services. BraBon, cap. 54. fubjeel them
Jnferijirp,

To

anciUam uxorem

ceperit,

Inftaurum, quia nullum baket prat urn. Mon. Angl. 1 part. f. 548. b. read alfo in the fame Scnlc Staurum,Infiauramentum, properly young Store or Breed. Et de Inltauramcnto Bcafts, tria jumenta, i. e. three ftorc Cattle. Paroch. An288. tiq. p. Inftaurum was commonly ufed for the whole Stock upon a Farm, Cattle, Waggons, Ploughs, and all other Implements of Husbandry.
fuftinere

tell

We

Inquirere debet de inftauro in quolibet manerio

&

inficecejlram infregit, fpoliavit, V. multaque Regi lia adverfus Anglos dederunt. Sim. Dunelm. fub an-

no 1003. whence
Filius

Infiliarius,

an evil Counsellor.
fuis conftliariis

31attltution, Infiitutio, Is, when the Bifliop fays to a Clerk who is prcfented to a Benefice, te ReEtorem talis' cum cura anima. Inftituo E.cleft*

Regis

JEtbenulpbi

cum omnibus

rum,

&

accipe

curam tuam &> meam. Every

Re&oAs
is

imo infilimiis, tantum faamts perpetrare aufi funt, ut Reqem a regno proprio repeUerent. Flor.wigorn. fub

ry confifts of a Spirituality and Temporality. to the Spirituality, viz. Cura animarum, he

anno 855.
"=J|nfimul

complcat
tenuit

Is one Species of the Writ See Formedon. tenement therein till Induction. Co. 4 Rep. Digby's The firft Beginning of Injlitutions to Bene3|nfitiuatitm, Infinuatio, 21 H. 8. 5. Is a Covert, Cafe. and cunning creeping into a Man s Favour. In- fices was in a National Synod held at Wefiminfter sinuation of a Will is, among the Civilians, the firft by John de Crema, the Pope's Legate, Anno 1 1 24. Produ&ion of it, or the Leaving it Penes Regijlra- Which fee in Seldon's Hiftory of Tithes, pag. rium, in order to its Probate. 3753lnfHf?inui, Letters Patent fo called, and is 3Infupfr Is a Word ufed by Auditors in their the fame with Exemplification, which begins thus, Accounts in the Exchequer, when they fay fo Rex omnibus, &>c. Infpeximus irrotulamentum qua- much remains infuper to fuch an Accountant, that rund. literarum Patent. QPc. It is called Infpeximus is, lb much remains due upon fuch an Account.. becaufe it begins after the King's Title, with this Anno 21 jFac. cap. 2. Word Infpeximus. See Page's Cafe, 5 Rep. flntakerfi Were a Sort of Thieves in Riddef3iilfialitnent, A Settlement, or fure Placing in, dale, in the fartheft northern Parts of England, 20 Car. 2. cap. 2. Sometimes it is confounded with mentioned 9 //. 5. cap. 8. and fo called, becaufe Abatement. they dwelling within the Liberty, did take in 3Hnflanf, In Latin, Inftans, and defined by the and receive fuch Booties of Cattle, and other Logicians to be XJnum indiviftbile in Tempore, quod Things, as their Confederates the Outpartners non ejl Tempus, nee pars ad temporis, quod brought in to them from the Borders of Scotland. tamen partes temporis copulantur, and is much Sec Outpartners. confidcrcd in Law ; and though it cannot "Infatlare. See Taffum. be aftually divided, yet in Conceit it Jnrrnoment of B.ato, IntelleBus Legis, The may, and applied to fevcral Purpofcs, as if they were fe- Undcrftanding. Intention, and true Meaning of veral Times. Whereof fee in Plowden's Commen- Law. Co. on Lift. fol. 78. fays, The Judges ought taries, Fulmerjion and Stuard's Cafe, where the Sta- to judge according to the common Intendment oj tute of 31 H. 8. is expounded concerning an Law. Abbot's letting of Lands, &>c. and there it is deJntenfiOn Is a Writ that lies againft him that bated, That when the Termor takes the fecond enters after the Death of Tenant in Dower, or Leafe, he furrenders his former Term ; and fo other Tenant for Life, and holds out him in the at the fame of taking the fecond Revcrfion or Remainder ; For which fee F. N. B. Inftant Leafe, the former is expired. And in the Cafe fol. 203. And every Entry upon the Pofleffion of between Petit and Hales, he who kills himfelf, the King is called an as where the Intenfton; commits not Felony till he be dead, and when Heir of the King's Tenant enters after Office, dead he is not in Being, fo as to be termed a and before Livery, this is called an Intenfton Felon but he is fo adjudged in Law eo injlante, upon the King, as appears in Staundf. Prtrog. fol. 40. at the very of this Faft doing ; and there &c. Injlant arc many other Caufes in Law, where the

Perfon by Infiitution. But as to the Temporalities, as Glebe-land, &V. he has no Frank-

called a Formedon.

Injlant

Jntrt

I
Appeffat
J.

N
filia

I
N. de okcic
Regis
i.

N
3. Pryr.nne

3nttr sancm 9 KLupum. M.

Ci
prox\

marcis
2.

de interefie.

40 H.

CoUeH.

torn.

pro
QPc.

raptu

&*

pace

de Martis
i

JutertQ, Interefe, Is ufually taken for a Term, diem or Chattels real, and more particularly for a fu&> noF.tm, &>c. Inter placita de Trin. 7 E. i. ture Term ; in which Cafe, it is faid in Pleading. In pla.it. de domo combufta That he is poueffed de intereffe termini: But ex vi Rot. 12 Lu- Termini in a legal Scnfe, it extends to malitiofe, hora vefpertina, fc. Inter Canem Eftatet, p.im venerunt matefaftores, &Pc. Plac. Cor. apud Right and Titles that a Man hath of, in, or to, Novum Caftrum. 24 E. 1. Rot. 6. This in Here- or out of Lands ; for he is truly faid to have an

Inter

Cincm

&

fraBa
?'.

pag. 360.

Lupum,
inter

crepiifculo, fc'tlicet,

Anglice Twilight,

Glouc

&

fordshire,

they call the Mock Shadow, corruptly the Mack Shade ; and in the North, Day-light s Gate, others betwixt Hawk and Buzzard. UntPMOinntonmg Is where the Commons of two Manors lie together, and the Inhabitants of both have Time out of Mind depaftured their Cattle promifcoufly in each. ffnreruirtcti of IBater anTi 5ftre Were, in old Time, thofe who for fomc Crime were banifhed; by which Judgment, tho' not by exprefs Sentence

Interefi

in

them.

Co. on Lit. fol. 345.

Is SJrKerlocimVP SDflttr, Ordo interlocntaritts, that which decides not the Canfc, but only fettles fome intervening Matter relating to the Caufe
;

as

made, by Motion in Chancery, for the Plaintiff to have an Injunftion to quiet his Pofleffion, till the Hearing of the Caufe. This, or any fuch Order, not being final,
is
is

where an Order

Interlocutory.

Snterpleaoer, See Enterpleder. Klntmiari, i. t. To Sequeftcr or put in a pronounced, yet by giving Order that no Man fhotild receive them into his Houfe, but deny third Hand, viz. When any Thing is ftolen, and Tire and Water ; they were condemned, as it fold to another, and afterwards demanded by the were, to a civft Death ; and this was called Legi- right Owner of him in whofe Pofleffion 'tis found it was ufual to timum exilium. Livy. fequefter the Thing to a JnterMition, (Interdi&io, and InterdiBum) has third Perfon, who was to keep it till the Buyer the lame Signification in the Common, as it hath produced the Seller, and fo on to the Thief.
;

in the diHio
eji

Canon Law, which thus

defines it: Inter- Leg.

In* apud Bromptan.

cap. 27. 52, 29.

Leg.

Edw.

cenfura Ecclejiajlica prohibens adm'miftrationem divinomm. And fo it is ufed 22 Hen. 8. cap. 12.

&

Confejfar. cap. 25.

25 ejufdem, cap. 2 J. Eedem Anno relaxatum ejl Interdihim OxonU, quod authoritatc Domini Job. Epif&* facrilegia Anno proxicopi Line, propter Clericidium mo prtterito fuit iUatum. Waif. Hift. Anno 1357. So that an InterdiH is a general Excommunication of a whole Country or Province 'Tis mentioned in fomc of our Hiftorians, viz. Knighton tells us, Anno 1208, That the Pope excommunicated King John, and all his Adherents, Et totamterram Anelhanam fuppofuit interdifto, which began the firft Sunday after Eafter, and continued fix Years and one Month, during all which Time nothing was done in the Churches befides Baptifm and Confefiions of dying People : The Form of it is
:

thus:

" In the Name of Chrift, We (the Biftiop) in " the behalf of the Father, Son, and Holy Ghoft, " and in behalf of St. Peter, the Chief of the " and in our own Behalf, do excom
Apoftles,
<c

municate and

interdict this

Church, and

all the

<c

" " " " " " "

*

"

" " " " into Holy Mother Church, where there is " and let him be AnatheForgivencfs of Sins " ma maran atha for ever with the Devils in " Hell. Fiat, Fiat, Fiat. Amen. Du
;

Chapels thereunto belonging, that no Man from henceforth may have Leave either of God, or St. Peter, the Chief of the Apoftles, to fing Mais, or to hear it, or in any wife to adminiftcr any Divine Office, nor to receive God's Tithes without our Leave. And who ever mall prcfume to fing or hear Mafs,or perform any divine Office, or receive God's Tithes, contrary to this InterdiH, on the Part of God the Father Almighty, and of the Son, and of the Holy Ghoft; and on the Behalf of St. Peter, and all the Saints, let him be excommunicated and accurfed, and feparated from all Chriftian Society, and from entring

There are two Kinds of Intefiati, one that makes no Will at all ; another that makes a Will, and nominates Executors, but they refufe ; in which Cafe he dies as an Inteftate, and the Ordinary commits Adminiftration. 2 par. See the Stat. 22 & 23 Car. 1. cap. 5. Infi. fol. 397. In former Times, he who died was acInteftate counted damned, becaufc (as Matt. Paris tells us) he was obliged by the Canons, to leave'at leaft a tenth Prt of his Goods to pious Ufcs, for the Redemption of his Soul, and therefore, who neglefted fo to do, took no Care of his own Salvation ; they made no Difference between ai Suicide and an Inteftate, for as in the one Cafe, the Goods were forfeited to the King, fo in the other they were forfeited to the Chief Lord. But becaufe it was accounted a very wicked Thing to die without making any Diftribution of; his Goods to pious Ufes, and fuch Cafes often happened by fudden Deaths, therefore by fubfequcnt Conftitutions, the Bifhops had Power to
Jntefiatt'ir,
Intestates,

make fuch

Diftribution as the himfelf Inteftate was bound to do, and this was called Eleemofyna rationabilis. Thus in Matt. Paris, Anno 1 1 90. we
read, Si quis fubitanea morte <vel quolibet cafu pr*ac< eupatus fuijfet ut de rebus fuis difponere von paffet, di
ftributio it

bonorum ejus Ecckpaftica fiebat authoritate 1 this Means that the Spiritual Courts came firft to have Jurifdi&ion in teftamentary Cafes.

And

was by

See Wealtaf. 31ntl)infft. Untimie. See Entierty. JntOl 9 SJttOf, Toll or Cuftom paid for Things imported and exported, or bought in, and fold out, In the Charter of Hen. 1. to the Church of St,
Peter

in

tcrris fuis tol

& Infangentbeof,

York habebant Canonic! in domibus &> utfoccam &> faccam tal Qp theam intol

&

Qr-c.

MS.

3ntrare manfeum, To drain any low wet Cange. of Money, as dittinguifhed Marlh or Bog, and by Dikes, Walls, &>c. to reSocii from the Principal. Mercatores duce it to herbage or pafturc Ground, to inne or Whence many of the loweft Grounds Senenfes trahunt Elyenfem Epifcopum in caufam coram take in. Magijha Alexandra de Feretitya Judice a Domino Papa in Romney Marjh, are called the Innings. Vide centum Will. Thorn, fub anna 1281. Intrare terram, to inn Delegate, fuper trecentis marcis de forte,
3CntereffP, Intcreft

&

Ground from the

Sea.

Jnfruficn,

I
?nfrufion,
fcifed

N
fiium jus aliujus
Scifin

I
or

Is when the Anccftor dies Intrufio, of any Eftatc of Inheritance, expc&ant and then Tenant for upon an Eftatc for Life Life dies, between whole Death, and the Entry of the Heir, a Stranger doth intcrpofc and intrude.
;

introduflio, a giving Livery of PoflTcflton. In the Church it was the

lib. 5. fed. 475. Braefon, cap. 4. cap. 1. to the lame Purpofc defines it thus, ubi quis, cui nullum jus competit in re nee Intrufio tjl

Co. on Lit. fol. 277.

8.

Cullotn of old for Princes to promote fuch as they liked to Ecclcfiallical benefices, and declare their Choice, and the Promotion of the Perfons chofen, by of a Paftoral Staff

lib.

and Ring, which was termed In e fling; afcer which they were conlecrated by Ecclcliaftical
Perlbns.

Delivery

nee fintilla juris, pojfefftonem vacnam ingreditur, que animo nee corpore pojjidetur, &>c. with agrceth

were made by a Form of Inveftitures afterwards by fuch Things which had New Book of Entries, verba Entrulion. See Entru- moft Refemblancc to what was to be transferred Sec Diffeiftn. See alio Abatement, and the as Land palled by the Delivery of a Turf ; and fton. that the Trees and all which did Stat. 11 Jac. cap. 14. grow on the Land might likewife be transferred at the fame ?ntruftOllE Is a Writ that lies againft the Intruder. Time, it was ufual to cut a Bough, which was Regift. fo!. 233. SrtDADian ', To engage Lands, to mortgage. delivered by the Grantor, to the Perfon to whom habenda fibi Sf htredibus cuicunque dare, vende- the Land was granted. But in after Ages, the Things by which Paroch. invadiare, ajftgnare, &>c. voluerint. rs, Inveftitures v/crc made, were not fo cxaftly obferved: Antiq. p. z6z. SnttaDiatlOfUtf, Mortgages or Pledges, Confirma- This appears by Ingulphus, pag. 901. viz. Conferemus eis omnes alias donationes, venditions &> invadia- bantur etiam prime multa prtdia nudo verbo, abfque Mon. Angl. 1 par. fol. fcripto vel Charta, tantum cum Domini gladio, gationcs rationaliliter falias.
firft

whom
c.

At

Fleta, /-4.

c.

50. feS,

&>

1.

Britton,

65.

The Words,

&

lea vel cornu vel cratera, &* plarima tenementa has been accufed of cum calcari, cum cum area, c> nonnulla cum ftrigili, fome Crime, which being not fully proved, he is Sagitta. Hoveden, pag. 724. Tells us, That our King Riput fub debita fidejufftone. of Scrjeancics chard, being taken by the 3iit)afionrP. In the Inquifition Emperor, gave this and Knighrs Fees in the 1 2 and 13 Years of King Kingdom to him, and inveftivit eurn hide per pit, urn fome Titles under the Character fuum, and that the Emperor immediately afterJohn, there be of Invafiones : And de Invaftonibus, and Invajiones wards returned the Gift Et inveftivic eurn per duplicem crucem de auro. fiiper Regem. or Goods Walfingham alfo mentions, That John Duke of Jnlifiuione^, Trcafure- trove, Money found by any Perfon, and not challenged by any Lancajter was made Duke of Acquitain, per virgam pileum. pag. 343. And Simeon of Durham, lib. 3. Owner, which therefore by Common Law was due to the King, who granted the Privilege to De Ecclejia Dunelm. cap. 14. writes, viz. In cujus fome particular Subjects. As King Edw. I. donationis ftgnum etiam fcypbum argenteum obtulit, qui in hac his Barons of the Cinque Ports Ecclejia fervatus tternam iUius faeli memoriam granted to inventiones fuas in mari fiP in terra. retinet. quod habeant Edw. %. MS. Placit. temp. Edw. 1. iflnbfffitUlP, The Cuftoms and Ceremonies of

JnbafciafuB

Is

when one

&

&

Inveftiture or giving PolTeflion, were long pra&ifed Re- with great Variety, and fingular Oddnefs. Oball dead Mens Goods fcrvc this Form of a Canon in the Capertory, orderly made of invefting and Chattels, prifed by four or more credible thedral Church of St. Paul in the Time of Men which every Executor or Adminiftrator Ralph Baldock, Dean about the Year 1295. Cum induatur is bound to exhibit to the Ordinary at fuch Times fuerit quifquam p&binda inveftiendus
f.

89. JnfaentO^V, Inventorium, Is a Defcription or

as

he

(hall

appoint.

Weft.

I. Symbol, part

lib.

2.

where likewifc you may fee the Form. fell. 696. This Inventory proceeds from the Civil Law, for whereas by the ancient Law of the Romans, the Heir was obliged to anfwer all the Teftator's Debts, by which means Heritages were more prejudicial to many than profitable Juftinian,to encouthis charirage Men the better to take upon them table Office, ordained, that if the Heir would make and exhibit a true Inventory of all the Tcttator's Goods coming to his Hands, he fliould be no further charged than to the Value of the InvenLib. ult. Cod. dc jure deliberando, &c tory.
;

Qp coram Decano OP fratribus in Capituh fe prtfentet, pane albo fufpoftto ReguU Canonic* in hoc volumine content*, invelliat eurn Decanus vel Major prtfens Decano abfente, Dicende, Not recipimus te inCanonicum fratrem, cf tradimus tibi regu-

habiiu Canoni.o

&

&

lars obfervantU
cibo fpirituali,

formam
Qp
in

in volumine

ifto

contentam pro

remedium labcris refellionem in pane corporalem. Panis autem ille committatur EleeEx Libro Statumofynario ad ufus Pauperum. torum EcclcfisE Paulinas MS. penes Joh. Ep'um

Norwic.
were

fa mtXf, French, in the Mother's Writ mentioned in the Regifter ; and Deo, &c. In the Statutes of the Church of St. Befly Paul in London, it was ordained, ut vicarii de novo Anno 12 Car. 1. cap. 24.
}J|ll

bentre
Is

3nl)itatO,2ia, Thofe Hymns and Pfalms that fung in the Church to invite the People to Praife God. As Venite Exultemus Domino, Jubilate

$ntoiu\
Ir.vefter,

Invejiire,

Is

derived of the French

give PolTeflion.
:

Word

and

fignifics to

Hotoman annum
Inveftitura

de verbis

feudalibus, verba Invcftitura

& in pofterum recipiendi, ftngulis diehus infra probationis fut, uiium noHurnutn Pfalterii ita dicant attente fi> Impnarium ac communem SanBorum
recepti,

harbarum nomen,

barbaricam qttoque rationem habet,

Hiftoriam, Invitatoria,
ter

(*P

Venitarium adeo

diligen-

ut ait feudifla. lib. 2. tit. 2. Inveftitura proprie di'/tur cjii.in.lo hafta vel aliquod corporeum traditur a

nam

interea

repetant

Statutoriim

domino.

JilbOPCf, 12 Car. 2. cap. 34. Is a Particular of and miniftring them an Oath, which is called In- the Value, Cuftom and Charges of any Goods Others define it thus, Inveftitura eft in fent by a Merchant in another Man's Ship, and vefting. I 1 2 con-

likewifc to invefl the Tenants, by delivering them a Verge or Rod in their Hands,

We ufc

quod ea corde tenus, &c. Liber Ecclefus Paulina: MS. penes Joh.

Ep'um Norwic

configncd to a ther Country.

FaSor or Correfpondent

in ano-

affureth unto his Wife, in refpect of Marriage, Lands or Tenements for Term of Life, or otherwife. Wefi. Symbol, part
2. lib. 2.

inureth. Staund. prer. fol. 40.

SeB. 128. 27 H. 8. cap. 10. It is fo called either becaufe granted ratione jnnBurx in matrimonio, or becaufc the Land in Frank marriage is given joint30Calia, (Fr. Joyaux,) Jewels. Edward the ly to the Husband and Wife, and after to the Firft employed one Andevar, ad Jocalia/W impig- Heirs of their Bodies, whereby the Husband and Clauf. 29 Edw. I. Prsterea confiderantes Wife be made Joint-tenants, during the Coverneranda.

to take Effect, as the Pardon Sec Enure. Jobber Is ufed for one that buys or fells Cat1 tle for others. Stat. 22 23 Car. 2.

Jnure

Signifies

Tit.

Covenants,

&

ture. Co. lib. 3. Butler and Baker's Cafe, fol. 27. gratam fubventionem, quam prafati Abbas &P Monachi Sec Frank-marriage. Jointure is alfo ufed as the preciofis Joca(Rading) nobis fecerunt de magnis Co. lib. 3. fol. 3. Marlibus ac aliis rebus fuis in fubfidium expenfarum QP Abftraft of Joint-tenants. of tVincbefler's Cafe. JunUura is alfo by fumptuum, quos circa prefens paffagium nojlrum verfus quefs In Mem. Scac. de Anno BraBon and Fleta ufed for joining of one Bargain &>c. partes tranfmarinas, 20 Edw. 3. Trin. Rot. 3. The Word is derived to another. Fleta, lib. 1. cap. 60. And therefore from the Lat. focus, Joculus, and Jocula, which Jointure in the firft Signification may be fo calfeems to comprehend every Thing that delights led, in refpeel that it is a Bargain of Livelihood us ; but in a more rcftrained Senfe, to thofe for the Wife, adjoined to the Contract of MarThings which are Ornaments to Women, and riage. See alfo the Terms of the Law, eodem which in Frame they call their own, as Ear- verbo. ITofflini, Gifium. Agiftment or commonly proRings, Bracelets, &V. But Du Frefne tells us, that at Arragon, in Spain, the Qucftion was, nounced Juicement, feeding or pafturing of Catwhether a Woman's Cloaths would pafs by the tcl.Ego Thomas Gybylan, CapeUanus Filius Devifr of her Jewels? And that the Judge upon Philippi Fil. Osberti de S. Edmundo confrmavi r Mum jus Qf clameum deliberation, and confulting with others, Leo &> beato Edmundo grca meum quod unquam habui vet habere potui in berbagio was Opinion they did not pafs. Carjofto in fuburbio villi S. Edmundi, Sfc. JOu..:, i.e. To contend with Pikes. Crafiino

&

&

die quid am miiites Anglici firenue

nimis&

viriliter

Jo-

tular. S.

Edmundi. MS.

p. 242.

See Jetfen p Flotzon. Anno 1252. ?Offoti. Is a 3loiirnfPfl 4ltcompt0, Diet* computau, 3ocariU0, A Jefter. In a Deed of Richard, Abbot of Bernay, to Henry Lovet, fine dat. among Term in the Law, to be thus undcrftood If a the Witncffes to it was Willielmo tunc Jocario Domi- Writ is abated withourthe Default of the PlainBut in Dome/day 'tis laid Berdic was tiff or Demandant, but merely by Default of the ni Abbatis. Clerk, cither for falfc Latin, .Variance, or want Joculator Regis, the King's Jefter. JOCElff, (Sax.) Pradiolum, agri colendi portiuncula. of Form ; or by Default of the Sheriff, as for A little Farm or Manor, in fome Parts of Kent a want of a good Summons ; in all thcfe'Cafes the Yoklet, as requiring but a fmall Yoke of Oxen to Plaintiff may purchafc a new Writ, which if it be purchafed by Journeys Accompts, that is, till it. Sax. DiB. "Tis ib called when two Pro- within as little Time as pofliblc after the AbateJOClts partttllS. pofals are made, and a Man hath Liberty to ment of the firft Writ, (and the Space of fifteen choofc which he will. Nee potefi tranfigere, nee Days has been held a convenient Time for the nee Jocum partitum facere, nee aliud. Brac- Purchafe of it) then this fecond Writ ftiall be as a pacifci, ton, lib. 4. tract. 1. cap. 32. par. 2. Etiam ft Continuance of the Firft. But where the firft Writ apparentibus partibus queruletur &* refpondeatur, five abatcth by the Default of the Demandant himnon tenuram vel per quemcunque Biper- felf, as by miftaking the Name of the Teloquela per ti Jocum caviUeter, &c. Hengham Magn. cap. nant or of the Vill; or where it abatcth for Nontenure of the Whole ; as it ought, becaufe the 43HoinOPr Is the coupling or joining of Two in firft Writ was brought without any Manner of a Suit or A&ion againft another. F. N. B. fol. Caufe ; in all thefe Cafes the Plaintiff fliall not tiS, 201, 221. and in many other Places, as ap- have a new Writ by Journey s Accompts. This Writ muft be brought in the fame Court where pcareth in the Index, verba Joinder. the firft Writ was, and of the lame joining Of 3iffUP> JunBio Exitus. Sec Ijfue. Quantity in It muft be between thofe 3l0inf*tenatlti-, Simul tenentes, or qui conjunBim that Writ contained tenent, Lib. Intrationum, Tit. Formedon in View, 3. who arc Parties to the Firft, as where one of the be thofe that come to, and hold Lands or Tene- Plaintiffs or Defendants dies but in no Cafe ments by one Title pro indivifo, or without Parti- where there is but one Plaintiff: Nor will it lie Co. on Lift. lib. 3. cap. 3. feB. 277. Thefe tion. except where the firft Writ is ferved and returnare diltinguimed from fole or fevcral Tenants, ed on Record. Vide Co. Rep. 6. fol. 9. Spencer's from Parceners, and from Tenants in common and Cafe. anciently they were called Participes, and not journal, A Diary or Day-Book. Journals of Hxredei : And thefe muft jointly implead, and Parliaments are not Records, but only Remembe impleaded by others, which properly is brances: And are neither of jointly Neceflity, nor have common between them and Coparceners; but been of long Continuance. Sec Hub. Rep. fol. Joint-tenants have a fole Quality of Survivorfhip. 100. which Coparceners have not ; for if there be two 3!ournC);uI)0ppi'n?, 8 H. 6. 5. Were Rcgrators or three Joint-tenants, and one hath Iffue and of Vara ; whence the firft Part of the Word is dies, then he or thofe Joint-tenants, that furvivc, is derived, fomewhat obfeure But Choppers fhall have the Whole 1>y See Co. are to this Time known to be Changers As to Survivorihip. 180. See more of this Terms de o>i Lift. ibid. feB. Chop and Change is a familiar Phrafc. See Chopcabantur.

Mat.

Pari/.

la ley, verbo

Joint-tenants.

Chirch.

JunBura, Is a Covenant whereby UiOlirnCP'SlSan Cometh of the French Word the Husband, or fome other Friend in his Behalf, Journee, that is, a Day or Day's Work ; fo that properly
3lointlire,

one that wrought with another by now by the Statute made Anno it be extended to thofc likeqmvto Eliz. cap. 4. another in his wife, that covenant to work with
properly
it is

the Day, though

Trade or Occupation by
Law,

the Year.

to cfcape, to Jre aD lawini, To go at large, be fct at Liberty, is a Term frequent in the

iflfltnum, Aldboroupb in York/hire. Jfini'rant Itinerans, Travelling, or taking a Journey. Thofe were anciently called Jufticcs itinerant, who were fent with a Commifiion into divers Counties to hear fuch Caufci efpccially as were termed Picas of the Crown, and the Journeys themfelvcs were called Iters. See
Jullices
in

The River Eden in Cumberland. Yellow Lumps or Clod* of fronmiOUlOff, 3|llbllfe Was firft inftitutcd by Boniface VIII. in foftcr Stone, found amongft Chalk Earth, or the Year 1300. who granted a Plenary Indulin molt Pits among the Cbiltem Parts of Oxand RcmifTton of Sins to all thofc who which are indeed a Sort of indigefted gence firdjbfrf, Iriould vifit the Churches of St. Peter And St. Paul Iron Oar. at Rome in that Year, and ftay there fifteen Difordcr: In the 3lrrcgularitl\ Irregularitas, And this he ordered to be obferved once which Days Canon Law it is taken for an Impediment, in every Hundred Years, which Clement VI. rehinders a Man from taking Holy Orders; as if he duced to fifty Years in the Year 13 jo. and to be defamed of any nota- held be bafe born, notorioufly upon the Day of the Circumcihon of our Sable Crime, maimed, or much deformed, or viour. Urban the IVth, in the Year 1389, reduhas confented to procure another's Death, and the ced it to every thirty -three Years, that belike. ing the Age of our Saviour. And that eneither Jrreplfbiable or JrrPnlcbifablP, That vcry Age might partake of this Benefit, Six may nor ought to be replevied or let at large upon tus VI. Anno 147 j. reduced it to every tweuty:

Eyre. 3ltUUia,

Sureties, as the Diftrcfs fnall be

irreplevij

able.

15

five Years.

E.

1.

cap. 2.

3tfca

Canmonio^um,

Excefter.

Jfca f\v!o\\i9, the River

Jfra
Jhire.

JUfliO atngtltta,

in DevonJInrt. Careleton in Monmoutb-

Ex

One of our Kings, viz. Edward II. caufed his Birth-Day to be obferved in the Nature of a Jubilee, when he was fifty Years old, and not before or after: And this he did by rclcafing
Prifoners;

Trcafons
\lchefler.

by pardoning all Offences, except and by making good Laws, and

Privileges to the People.

Sfcali*,

of Fifh-glue becaufe when a Jubilee was firit inftituted, it was or Fifh-gum brought from Ifland,&nd thofe Parts, ordered to be obferved every Hundred Years ; and ufed in Medicines, and by fome in the adul- therefore terating of Wines but for that prohibited by a JubiUus fignified afterwards a Man One hunStatute made 12 Car. 2. c. 25. dred Years old, and likewife a Poffeflion or Prefor Fifty Years Si ager non invenietur in TlffUf, Exitus, Cometh of the French Ijfuer, i. fcription emanate : It hath divers Applications in the friptione inquiratur de fenioribus, Qfic. Sp fi fub certo Common Law, fometimes being ufed for the Jubilaco manftt, fine vituperatione mantat in sternum. Children begotten between a Man and his Wife; Du Frcfne. fometimes for Profit growing from Amerciaments /PuDaifm, (Judaifmus,) the Cuftom, Religion, or Fines and fometimes for Profits of Lands or or Rites of the Jews : Alfo the Income heretoTenements. Wejl. 2. 13 Ed. 1. cap. 39. Some- fore accruing to the King from the Jews; for we times for that Point of Matter depending in Suit, find in fcvcral Charters, Judaifmum nojlrum Anwhereupon the Parties join, and put their Caufc gl'nt. Alfo the Place or Street where the Jews
fftnglafcf, Glutten Pifcium,
.
,

A Kind

granting

many

And

to the Trial of the Jury

And

yet in

all

thefe

it

hath but one Signification, which is an Effect of a Caufe preceding, as the Children be the Effeft of the Marriage between the Parents ; the Profits the Punifhgrowing to the King or Lord, from ment of any Man's Offence, is the Effect of his Point referred to the Trial of Tranfgrcfiion ; the

And Vetus Julive, as in Hijlor. Oxon. fol. 132. daifmus for the Old-Jury in London. The Word was often ufed by of in old
Deeds

Way

Exception

Rogerus de Morice dedi Willielmo Harding pro tribus marcis argenti, urrum croftum, babend. de meQp btredibus meisjibi fiP b*re;

as, Sciant,

Quod ego

Twelve Men, is the EfFcft of Pleading or

dibus ejus, vel ejus ajfignatis eorum htredibus cuiProccfs. cunque, quocunque vel quandocunque di&um Croftum is either general or [ped- dare, vendere, legare, invadiare, vel aliquo modo ajjigIJfue in this Signification it is nare voluerint, in al; General IJfue fcemcth to be that whereby quocunque Jlatu fuerint, liber e, in pace, referred to the Jury, to bring in their Verdict, qu'tete, integre, bene excepta religione fir

&

&

whether the Defendant have done any fuch Thing, as the Plaintiff laycth to his Charge. For Example, If it be an Offence againft any this Statute, and the Defendant plead Not guilty put to the Jury, is called The general IJfue. being And if a Man complain of a private Wrong, which the Defendant denieth, and pleads no Wrong nor DifTcifin ; and this be referred to the
;

Judaifmo, &V. Sine dat. The Statute de JudaiJmo was made 3 Ed- 1. at which Parliament the King had a Fifteenth granted him pro

expulfione

Judxorum.

Judaifmum was anciently ufed for a Mortgage. Pro hac autem donatione dederunt mibi ditTt Abbas &>
pr*di3am
Canonici fex Marcas Sterl. de Judaifmo, in

ad acquietandam terram
quo fuit impignorata per

&Pc. Ex magno Rot. Pip*, de Jury, it is likewife the general IJfue. Kitcbin, fol. Rob.fratrem meum, Z2 5. See Doff, and Stud. fol. 1 58. The fpecial Anno 9 E. 2 Here in England, in fochicr Times, the Jews then muft be that, where fpecial Matter beIJfue the Defendant for his Defence, and all their Goods belonged to the chief Lord ing allcdgcd by both Parties join thereupon, and fo go cither where they lived; and lie had fuch an abfolute to a Demurrer, if it be quejlio juris, or to Trial Property in them, that he might fell them ; for 18 they had not Liberty to remove to another Lord by the Jury, if it be qii^fiio faki, 4 H. 8. 3. This appears in Mat. Parif. pag. Eliz. cap. 12. and the New Book of Entries, verboli- without Leave. See Exitus. fuc. 511.

the Voice and final Doom of the Law ; and there5*1, 606. where we read that Henry III. fold Jews to Earl Richard his Brother for a certain fore is always taken for unqueftionable Truth. Term of Years, that quos Rex excoriaverat, Comes The ancient Words of Judgment are very
evifceraret.

fignifi-

cant,
diftinguifhed

viz..

Confideratum

eji

per curiam,

&c. becaufc

both living and dying ; for they had proper Judges and Courts, wherein their Caufes were decided ; and they wore a Badge on. their outward Garments upon the Breaft in the Shape of a Table, and were fined if they went abroad without fuch Badge. They were never buried in the Country, but brought up to London, and there buried without the Walls. But Henry I. without gave Lcare that they might be buried the Walls of any other City. the Manfion or Judaifmus is alfo taken for in any Town ; as Dwelling-place of the Jews
intravit, Wigorniam cepit Rifhangor, pag. 66%. And

They were

from the Chriftians Judgment is or ought to be given by the Court, upon Confidcration of the Record before them ; and in every Judgment there ought to be three
Perfons, viz. ABor, reus Judex: Of. Judgments fome be final, and fome not final. See Co. on Lit. f. 39. and Co. 9. Rep. Downam's Cafe.
jf.uqgnieuf or Crial bp tlje $o1p Crofar Was a Trial in Ecclefiaftical Caufes, in Ufe long fince

&

among our
fol.

Saxons.

See

Crejfy's

Church

Hiftory

9 do.

3|tlDice$ fircaleB;

So Polydore

Virgil calls

and

&

Ufury
p.

as,

Empta

fuit

& Judaifmum fometimes grangia, &c. &

it

evertit.

by Hen. 7. for taking the Benefit of Penal Statutes, and were put to Death by 'Hen. 8. See Lord Herb. H. 8.
Dudley,,

who were employed

Empfon,

fignifies fol. 5, 6.
I

obiig.ua in

magnis

debitis in

Judaifmo.

Mon.

834.

Domus ^liDintim 55fi, The Judgment of God, fo our Tom. Anccftors called thofe now prohibited Trials of Ordeal, and its fevcral Kinds, Si fe
fuper defen-

Judex &> judices, All their ders non poffet Judicio Dei, fcilicet, Aqua vel ferro, Commiflions are bounded with this exprefs Limi- ficret de eo juflitia. Leges Ed. Conf. cap. 16. See ad juftitiam pertinet (ecundum Sfelmans Gkjf. on this Word, and Dr. tation, FaBuri quod Brady in 6f confuetudinem Angli*. The Judge at his his Glojfary at the End of his IntroduB. to Eng. Hilegem Creation takes an Oath, That he fliall indiffe- ftory. See Suthdore. A watery Place, according to Domefall them that fhallhavc ig, rently miniitcr Juftice to Suit or Plea before him, and this he fhall day. any not forbear to do, though the King by his LetJU!jante0 for Brigantes. fhould comffu^ulafo;, A Cut-throat, or Murderer. ters, or by expreft Word of Mouth, mand the Contrary, QPc. It is a Maxim in the Statutum efl praterea ut nullus occultus Jugulator, Law, Aliquis non debet ejfe Judex in propria caufa quales Murderers appellant Angli, de catero chartam the de regia gratia obtineret. Tho. Walfingham, fag. King Henry the Fourth, when his eldcft Son Prince was by the Lord Chief Juftice, for fome 343A Yoke of Land, in Dome/day, Juqiltn ffrrae, Mifdemeanors, committed to Prifon, great thanked God that he had a Son of that Obcdi contains half a Plow-Land,^. Odo tenet de Epifcopo encc, and a Judge fo impartial, and of fuch un- unum Jugum terrx, r> eft dimid. CarucaU. So alfo *. So in Domefday, Unum Jugum de daunted Courage ; the Story is well known, and Inft. fol. 5. may be read at large both in Stow and Daniel, in Ora, &> unum Jugum de Herce ; i. e. The Rent of vita H. 5. Fortefcue in his Book de Laudibus legum a Yoke of Land, and another Yoke of Land to a Judge, complaining of plough. Gale 760. Angli* 53. fpeaketh of ^Uiitarr, Toftrcw Rufhes, as was of old the a Judgment given againft a Gentlewoman of Sawho being accufed by her own Man, Cuftom of accommodating the Parochial Church, lisbury, without any other Proof, for murdering her and the very Bedchamber of Princes. TerHusband, was thereupon condemned and burnt: ra in Ailesbury tenentur per fervitium inveniendi DoThe Man, who accufed her, being within a Year mino Regi cum venerit apud Ailesbury in aftate ftraafter convified for the fame Offence, confeft, men ad leBum fuum prater hoc herbam ad juncanPat. 14 E. I. That his Miftrcls was altogether Innocent of that dam cameram fuam Simouia or SoilCflria, (from juncus, the Latin cruel FaS. But this Judge (as the fame Author Adds) fapius mibi faffus eft, quod nunquam in vita Word for a Rufh ;) is a Soil or Place where In feptimo Rufhes grow. Co- on Lit. fol. 5. Cum Pifcariis, fua animum ejus de hoc faBo purgaret. communibus pafturis ad H. 4. the King demanded of Gafoigne Juftice, Turhariis, Juncariis, If he faw one in his Prcfence kill J. S. and an- mejfuagium pradiBum pertin. Pat- 6 Ed. 3. p. 1. m. other (which was not culpable) fhould be indiftSufirtum, ?unrta, A Mcafure of Salt. en of this before him, what he would do in this Cafe 1 To which he anfwered, Thar he ought Et de tribus menfuris terra, &> de decern jun&is falis to refpite the Judgment againft him, and to re- in wickio, cum duabus falinis, dPc. Mon. Ang. torn. late the Matter fully to theKing toprocurc him a 2. p. 99. juncture. See Jointure. Pardon ; for there he cannot acquit him, and give to his private Knowledge. Jura ISfgalifl. Sec Regalia. Judgment according Jure *E>afronatU0. See the New Book of EnBut where they have a judicial Knowledge, there they may and ought to give Judgment ac tries, verbo Jure Patronatus in guare Impedit, fol. the like Cafe determiner 365. col. 3. cording to t'nat. See 5iirafff, {Jurati, Anno 2 &> 3 Ed. 6. cap. 30.) King James, in his Difputations at Oxford. by Rex Plat. p. 109, 113, 114, US- Plow.f. 83. Par- as the Mayor and Jurats of Maidftone, Rye, Winchelfey, Tenterdon, &>c. are in the Nature of Aldertridge againft Strange. In Cbejbire to be Judger of a Town is men, for Government of their fcveral Corpora^luogEr. And the Name is taken from the French, Leice- tions to fervc at the Lord's Court on the Jury. where (among others) there ara Major Op Jurati ster s Anti. f. 502. Is the Suejfenfes, &>c. Vide Choppin Doman. Fran. lib. 3. ^llDgttient, Judicium, quafi juris diBum, Ceiifure of the Judges fo called, and is the very Tit. 20. fe&. 11. pag. 530. So Jerfey hath a " Baia liff

guDgP and

jJIU&Befl',

&

&

JU

JU

or fworn Aflillants, to 7. where he calls it, Resale benefuium dementis 'iff and Twelve Jurats, Cam. Romney Marjh is incor- principis de conjilio Procerum ftfmlh indultum, quo vita the I11.uk!. govern and the Com- hominum & flatus integritati tarn falubriter con/ulitur, porate of one Bailiff, 24 Jurats, Dat. 23 Febr. ut in jure , quod qu'is in libera foil tenemento poffldet, monalty thereof, by Charter, 1 Ed. See Hift. of Imbanking and Draining, fol. retinendo, duelli cafum declinare pojftnt homines am4. This Jury is not only ufed in Cir54. b. Jurats arc alio fbmctimes taken for Junes, biguum, &c. cuits of Juftices Errant, but alfo in other Courts as in 13 E. I. cap. 26. 3lunDJral l&avf, (Dies juridici) Dap on which and Matters of Office, as if the Ef.heator make the Law is adminiftered, Days in Court. Sec Dies. Inquifition in any Thing touching his Office, he

Power which a Man hath to do Jufticc in Caufcs quire how a Subjctt found dead, came to his of Complaint made before him. Of which there End, he ufeth an Enqucft. The Juftices of arc two Kinds The one which a Man hath by Peace in their Quartcr-Seflions, The Sheriff in Rcafon of his Fee, and by Virtue thereof does his County and Turn, the Bailiff of a Hundred,
:

^luriiioittlOl)

(JurifdiHio)

Is

an Authority or doth

it

by Jury or Inqucft.

If

the Coroner en-

Right in all Plaints concerning the Lands of his Fee The other is a JurifdiHion given by the Prince to a Bailiff. Which Division I have in the Cujluwary of Normandy, cap. 2. which is not unapt for the Praftice of our Commonwealth ; for by him whom they call a Bailiff, we may undcrftand all that have Commiflion from the Prince to give Judgment in any Caufc. See Sir Edtv. The Civilians divide Coke's Prooemium to his 4 Injt. Jurifdifticnem into Imperium Qr> Jurifdiflionem, &> mixtion ; of which you may imperium in merum
:

&

read feveral Tractates. "Hurts utruni Is a Writ which lies for the Incumbent, whofc Predcccffbr hath alienated his Lands and Tenements. The divers Ules whereof
fee in Fitz. N.it. Brev.f. 48. jOuro;, Jurator, Is one of thole

or Twelve

Men, which arc fworn

fucli

Twenty-four
to declare a

Evidence as lhall be given them touching the Matter in Qucftion, 01 which fee F. N. B. f. 165. and the Statute i6"8p 17 Car. 2. For returning able and fufficicnt Jurors. Jurnatf , The Journal or Diary of Accounts in
a religious Houfe. lit patet per Jurnale hoc ut patet per pr*di8um Jurnale. anno Paroch. Antiq. p. 571. From the French Jour, a Day.

Truth upon

Travel.

Journey was atfirft properly but one Days the Word in a ftritt and original Senfc ; for they call one Day's Travel, or Work at Plough, a Journey or

Whence

And our Ploughmen now ufc

Hence
a

by the Day,

Journeyman is one who works See Jumedum. vil and criminal, commonly to betrTed; whereof Jurneoum, A Journey, or one Day's Travel- one is called The Grand Jury, and the reft Petit Among the cuftomary Duties done by Juries, whereof it leemeth there mould be one ling. the Tenants of Cbebenhale. Si opus fuerit fe> for every Hundred. Lamb. Eirenarch. lib. 4. cap. 3. Dominus voluerit, ipfe averiabit pannos fuos cum ca- pag. 384. The Grand Jury confifts ordinarily of batto fuo ad San Bum Edmundum, vel alias peranum Twenty-four grave and fubftantial Gentlemen, or Cartular. Santti Ed- fome of the better Sort of Yeomen, chofen indifJurnedum /<;/ in anno mundi MS. f. 401. ferently by the Sheriff out of the whole Shire, to ^uri', Jurata, May be derived from the La- confider or all Bills of IndiSmcnt preferred to tin Jurare, to fwcar, and Signifies cither Twenty- the Court, which they do cither approve by Wrifour or Twelve Men fworn to enquire of the Matting upon them Bi/ia vera, or difallow by indorter of Fa&, and declare the Truth upon fuch E- fing Ignoramus : Such as they do approve, if they vidence as lhall be delivered them, touching the touch Life and Death, arc farther referred to anMatter in Queftion. Of which Jury, who may, other Jury to be considered of, becaufe the Cafe and who may not be impanelled, fee F. N. B. is of fuch Importance; but others of lighter Mo f. 165. And here obferve, That in England there ment arc, upon their Allowance, without more be three Sorts of Trials, viz. one by Parliament, Work, fined by the Bench, excopt the Parry another by Battel, and the third by Aflifc or travcrfe the Indictment, or challenge it for In Of fuflftciency, or remove the Caufe to a higher Jury. Smith de Rep. Angl. lib. 2. cap. 5, 6, 7. the two Former read him, and fee Battel, Com- Court by Certiorari ; in which two former Cafes it bat and Parliament. The Trial by Aflifc, (be the is referred to another Jury, and in the later Action civil or criminal, publick or private, tranfmittcd to a higher Court. Lamb. Eir. lib. 4. perfonal or real,) is referred for the Fact to a cap. 7. and prefcntly upon the Allowance of this Jury, and as they find it, fo pafleth the Judg- Bill by the Grand Inqucft, a Man is faid to be inment and the great Favour that by this the King dicted; fuch as they difallow, arc delivered to (hews to hisSubjcfls, more than the Princes of o- the Bench, by whom they are forthwith cancelthcr Nations, you may read in Glanvil, lib. z. The Petit Jury confifts of Twelve cap. led or torn.
Journe.
Qf-c.
;

the Steward of a Court-Lcct or Court-Baron, if they enquire of any Offence, or decide any Caufc between Party and Party, they do it in the lame Manner So that where it is faid, All Things be triable by Parliament, Battel or Affife, Aflifc in this Place i* taken for Jury or Enqueff, empanelled upon any Caufc in a Court where this Kind of Trial is ufed ; and though it be commonly fuppofed that this Cuftom of ending and deciding Caufcs proceeded from the Saxons and Bri tains, and was of Favour permitted to us by the Conqueror ; yet I find by the Grand Cufiumary of Normandy, cap. 24. that this Courfc was likewile ufed in that Country ; for Aflifc ii in that Chapter, defined to be an Aflcmbly of wife Men, with the Bailiff, in a Place certain, at a Time afligned Forty Days before, whereby Jufticc may be done in Caufes heard in the Court : Of this Cuftom alfo, and thofe Knights of Normandy, Johannes Faber maketh Mention in the Rubrick of the Title demilitari tefiamento,in Injlitut. This Jury though it appertains to moft Courts of the Common Law, yet it is moft notorious in the half Year Courts of the Juftices Errants commonly called the Great Afftfes ; and in the Quartcr-Seflions, and in them it is moft ordinarithat in civil Caufes ; wherely called a Jury, and as in other Courts it is termed oftner an Er.qu,e(l and in the Court-Baron, a Jury of the Homage In the General Aflifc, there arc ufually many Juries, becaufe there be Store of Caufcs both ci: ;

Men

JU
Men
at

J
:

upon criminal

and are empanelled as well ]fol. 10. So Mon. Angl. torn. i. fag. 149. Ptrcifiet Thofe that Fratrum eotidie civil Caufcs juftas duas de ce\etiam quilibet in Whence it is plain, that Jufta was fome revijia. pafsupon Offences of Life and Death, do bring their Vcrdiii cither Guilty, or Not guilty .where- Pot, or liquid Meafure. JUfieiS (Fr. Joufte, i. e. Decurfus, Lat. Juxta) upon the Prifoner, if he be found guilty, is faid to be convicted, and fo afterwards rccciveth his were Contention between Martial Men and Perac- fons of Honour, with Spears on Horfeback, by Judgment and Condemnation, or othcrwife is fet free Of this read Forte/cue, cap. way of Exercifes, and fingly. Anno 24. Hen. 8. quitted, and Thofe that pafs upon civil Caufes real, are cap. 13. EdiBum Regis Edw. 1. prohiben'do fub forif47. of faftura omnium qua forisfaBura pojftnt, quod non all, Or fo many as can conveniently be had, the fame Hundred, where the Land or Tenement \Torneant, Bordeant, Adventuras Quarant, Juftas in Queftion doth lie, being four at the leaft, and ,faciant feu ad arma pr*fi<mant Jlne Licentia Regis. Ver- Paf. 29 Edw. 1. Eflex 101." See Tournament. they upon due Examination bring in their Of And it differed from Tournaments as Speiies doth dict either for the Demandant or Tenant. thisalfo fee Forte/cue, cap. 25, 16 according to from Genus ; becaufe Tournaments were all Sorts which, Judgment paffeth afterward in the Court, of military Contentions, and confifted of many where the Caufe began And the Rcafon here- Men in Troops But Jujls were ufually between of is, becaufe thefe Jufticcs of Aflifc are in this two Men, and no more. Jufticr, Jujlidarius, Signifies him that is deCafe, for the Eafe of the Country, only to take the Verdifi of the Jury by Virtue of the Writ puted by the King to do Right by way of Judgcalled Niji trius, and fo return it to the Court ment ; the Reafon why he is called Juftice and where the Caufe is depending. See Nijt prius) not Judex, is, becaufe in ancient Times the Latin and Lambard in his Explication of Saxon Words, Word for him was Jufticia, and not Jujlidarius,
the
leaft,

as

upon

juranto, fe

verba Centuria ; His Words arc thefe, In Jingulis centuriis Comitia [unto, atque libera condhionis viri duodeni atate fuperiores, una cum Prapojito facra tenentes, innocentem baud conadeo virum

as

appeareth by Glanvile,

Hovenden, part,

lib. 2. 6. cap. annal. fo. 41 3. pofter. fuor.

and Rog.

Reafon why they are

called

Jujliciarii,

Another and not

Judices, is, becaufe they have their Authority See alfo the Cu- by Deputation, as Delegates to the King, and not of Normandy, cap. 69. Vide eliam Enqueft. jure Magijlratus, and therefore cannot depute oflumary See Twelve Men, and Lambard' sEiren. lib. 4. c. 3. thefs in their ftcad, the Juftice of the Forcft only Mr. Sheringham, in his Be Anglorum excepted, who hath that Liberty efpccially given pag. 384. derives the Origine of our Jury from him by 32 H. 8. 35. for the Chancellor, Marorigine, gentis a great Antiquity: Quod autem Wodenus (Afgardia fhal, Admiral, and fuch like, are not called Ju Rex) d'uitur duodecim regni proceres fibi affumpjijfe, fticiarii, but Judices : Of thefe Juftices there are in England, of the Manner of Whofe iifdemque jurifdicendi in populum provinciam dedijfe, divers Sorts hinc forte ilia nunquam apud nos fatis laudanda con- Creation with other Appurtenances, read Fortef-

aliquem

demnaturcs, fontemve

abfoli.turos.

fuetudo invaluit, qua duodecim juratis viris, quos pa- cue,

trio

c. 51. Thefe in Magna Cbarta, c. 12. and vocamus, tota juris decer- other Statutes, are called Jufticers, nendi & litiutti expediendi potejlas conceffa eft, P. 272. luffire or Chief Suffice of flje Rmg'jer EJencfj, This Trial by Jury was anciently called Duodecim (Capitalis juftitia vel jufticiarius de Banco Regis, vel ad placita coram rege tenenda) Is a Lord by his Ofvirale Judicium. read it likewife in the Laws of King JEthel- fice while he enjoys it, and the Chief of rhe His Orfice efpecially is to hear and deterred, made by him at Wantage, a Town in Berk- reft; viz.. Habeantur placita in Jingulis apentakiis mine all Pleas of the Crown, viz. fuch as confiiire, ut eteunt feniores duodecim Tbayni &P prapofttus cum cern Offences committed againft the Crown, Digeis jurent fuper fanBuarium quod eis dabaturin manus, nity, and Peace of the King; as Treafons, Fevel noxium lonies, Mayhems, and fuch like ; which you quod neminem innocentem velint accufare *Tis true, this may feem to intend the may read in Brailon, lib. 3. iraB. 2. per totam, and concelare. Number of the Judges, and not of the Jury : in Stauudf. PI. Cor. from the firft to the 51. (bap But the Jury themfelves in fome Cafes are Judges, of the firft Book. He alfo, with his Afliftants, that is, they are Judges of the Fact, and the heareth all perfonal Actions, and real alfo, if Judge is bound to give Sentence according to they be incident to his Jurifdiction. See Cromp. Of this Court BraBon, Tib. 3. cap. 7. their Verdict of the Fact. Jur. fol. 6j. 5U8 Cc^onae, The Right of the Crown is Part num. z. faith thus, Placita vero civilia in rem of the Law of England, and differs in many perfonam in Curia Domini Regis terminanda, coram illarum curia Things from the general Law, relating to the diverfts Jufticiariis terminantur ;

fermone

a Jury

idcirco

We

&

&

Sec Co. on Lit. f. 1 5. b. Subject. 3ll0 CurialltatlS 3tngux. See

land.

rum
Curtefy of

Eng-

querelam jHu# lEupIicafUtn Is where a Man hath the umjive libertatem ; ut ft Jit aliquis qui implacitari non This Juftice hath no PaPofleflion as well as a Propriety of any Thing. debeat, niji coram Rege. tent under the Great Seal, but is made Brail, lib. 4. traQ. 4. c. 4. by Writ in Jus heiajDltatl.6, The Right of Inheritance. this fhort Form.

propriam, Jicut aulam Regiam, Jufticiarios capitales qui froprias caufas Regis ter minant aliorum omnium per vel privilegihabet

unam

&

&

Sec Heir.
&>c. R. M. militi falutem. Sciatis quid Jlia ^afronatllS Is the Right of prefenting a Clerk to a Benefice. See the New Book of conftituimus vos Jufticiarium noftrum CapiEntries, verbo jure Patronatus in Quare Impedit,fol. talem, ad Placita coram nobis tenenda, quamdiu vos bene gejferitis, &V. 465. col. 3. Tefte, QPc. Ju0i7, Among the Cuftoms obferved in the AbIn diebtis folennibus quum FraOf the ancient Dignity of this Chief Juftice, bey of Glaftor.bury. tres fuerunt it! capis meJonem habuerunt in juftis, &P thus, Liber niger In S.accarioreftiet, fifcalis, cap. 4. ? vinum ad caritatem tria imo e3 Jimulas fitter menfiam, prajidet, primus in regno Capitalis, fcilicet, JuChartular. Abbat. Glafton. MS. fticia. In the Time of generaliaKing John, and other of our

REX,

&

JU

our ancient Kings, it often occurs in Charters Trent, the other of all beyond. The chief Point of Privilege*, Quod non ponatttr refpondtrt, nifi of their Jurifdiftion confiftcth upon the Articles coram nobis vel Capitali Jufticia noftra. The of the King's Charter, called Charta de Ferefta, Oath of the Juftices, fee in the Stat. 18 Ed. 3. made Anno 9 H. 3. concerning which, fee Cambd. Stat 4. and in Origines Juridiciales, a Catalogue Brit. pag. 214. Sec Protoforeftarius. The Court of all the Lords Chief Juftices of England. Sec King's where this Juflice fits and determines, is called Tbs JuftUt-Seat of the Forejl, held once Benrh. every He had formerly that Power alone, which af- three Years, as you may read in Man-mods terwards was diftributcd to three other great Forejl Laws, cap. 24. He is alfo called Juflice in
that is, he had the Power of the of the Common Pleas, of the Chief Chief Juflice Baron of the Ex .hequer, and of the Matter of the Court of Wards. He ulually fate in the King's Palace, and there executed that Office which was formerly performed per Comitem Palacii: He determined in that Place all Differences which happened between the Barons and other great Men of the Kingdom, and likewise Caufcs both Criminal and Civil between other Men. And this he did till the 9th Year of Henry III. or rather till the 17th of King John, when, at the Requcft of the Nobility, the King granted that Commuin loco rtia Placita non fequerentur Curiam fuam, fed
illratcs,
certo tenerentur.

M.

may
35-

Eyre of the Forejl ; and is the only Juflice that appoint a Deputy, by the Statute of jz H. 8.

UuSice
Erat
eft.

ipfe

Of flje IguntWPD, (Jufliciarius Hundred,'.) Hundrcdi Dominus, qui fc> Centurio &

Centenariu,

Priccrat omnibus

Hundredique Aldermannus Hundrcdi Friborgis,

qua
in eijdem ftniri

appellatus

cognovitque

de caufis majujculis,

non potuerunt.

Spclm.
3!
'flicCjj

Arc fuch as were wont by

Of aiffife, Jufliciarii adcapiendai AJJifas, fpecial Commiffion to

the

yond Sea, and was ulually chofen to this Office out of the grcateft of the Nobility But his Power was firft diminished by Richard I. who made two other Jultices, and configned to each a diftinft of EngJurifdittion, viz. to one the North Parts And thus it land, and to the other the South. continued till the Beginning of the Reign of Edward I. who reduced them to one Court. And that wife King confidcring that fome former Chief ce Jufti.es made ufc of their Power in Prcjudio to his Father and Grandfather, did farther dimi nifh of their fure to attend thofc Controverfies ; whereupon their Authority, both as to the Dignity Pcrfons, and Extent of their Jurifdi&ion ; for it alfo falls out, that the Matters that were wont no more were chofen out of the Nobility as for- to be heard by more general Commiffions of Jumerly, but out of the Common People, who ftices in Eyre, are heard all at one Time with thefe were Men of good Morals, and skilful in the Afftfes, which was not fo of old, as appears by Laws. And now began the Study of the Common Bratton, lib. 3. cap. 7. num. 2. Habeat etiam jnftiLaw, and not before ; and the Chief Juflice ciarios itinerants de Comitatu in Comitatum, quanwas no longer ftiled Capitalis Anglite. Jnfliciarius, doque ad omnia placita ; quandoque ad quxdam fpeciaad Gaolas deliberandas; quanbut Capitalis Jufticiarius ad placita coram Rege te- tia,ficut Affifas, &>c. nenda, &c. doque adunam vel duas &> nonplures. And by this Suffice or Chief Huttire of rfje Common 1S>fea&, Means the Juftices of both Benches being worthi Hath alfo the Title of Lord whilft he enjoys his ly accounted the fitted o^all others, and their But Office, and is called Dominus Jufticiarius Communi- Affiftants, were employed in thefe Affairs. um P lac iter um, vel Dominus Jufticiarius de Banco, no Juflice of either Bench, or any other, may who with his Affiftants did originally, and do yet, be Juftices of Afftfe in his own County, Anvo 8 R. hear and determine all Caufes at the Common 2. 2. and 33 8. 24. And thofc who now arc Law, that is, all Civil Caufes, as well Perfonal called Juftices of Ajfife, and twice every Year go as Real, between common Perfons wherefore it the Circuit, by two and two through all England, was called The Court of Common Pleas, in DiftinQi- difpatch their feveral Bufineffes by fevcral Comon from The Pleas the Crown, or the King's miffions. Cromp. Jur. fol. 210. For they have one of Pleas, which are fpecial and appertaining to him Commiffion to take Afftfes, another to deliver That only. This Court was appointed to be in a fct- Gaols, another of Oyer and Terminer, gfr. lcd Place, and not as other Courts, to follow or Jnfli:es of Ajfife, una in Eyre did anciently Juftices attend the King's Court or Palace, as appears differ, appeareth by 27 E. 3. cap. 5. And that Srat. 9 H- 3. c. it. Of its Jurifdiaion, Juftices of Afftfe, and Juftices of Gaol Delivery were by the fee 4 Inft. f. 99. The Juftice's Oath, fee iS E. 3. divers, is evident by 4 E. 3. 3. The Oath taken Stat. 4. Thus BraSon, lib. 3. cap. 7. tells us, by Juftices of Ajfife is all one with that taken by that Jufticiariorum alii fiint perpetui certo loco babi the Juflices of the King's Bench. Old Abridgetantes ftiut in Banco loquelas omnes, &Pc. terminantes, ment of Statutes, Tit. Sacramentum jufticiarlrum. &>c. See Oath. *UlfCP Cf fl)C fOftS, Jufticiarius Foreft*, Is alfo Suffice* of SDvtv ano 3Trrniiner, Juftidarii ad a Lord by his Office, and hears and determines audiendttm ienvimndum, Were Jufti.es deputed all Offences within the committed againft upon fome fpecial or extraordinary Occufions, to Foreft, Vert or Venifon Of thefe tnere be. two, whereof hear and determine fome peculiar Caufes. Fitzone hath Jurifdiftiou over all Forefts on this fide herbert'm his Nat. Brev. faith, That theCommilfi:

He had that Prerogative to be Vicegerent of Kingdom when any of our Kings went be-

be lent (as Occafion was offered) into this or that County, to take Afftfes for the Eafc of the Subjects ; for whereas thefe A&ions pafs always by Jary, fo many Men could not, without great Damage and Charge, be brought up to London, and therefore Juftices for this Purpofe, by Commiffion particularly authorifed, were fent down to them. For it feems, that the Juftices of the Common Pleas had no Power to take Afftfes till the Stat, of 8 R. 2. cap. 2. for by that they were enabled to And the Juftices of the ir, and to deliver Gaols. King's Bench have by that Statute fuch Power affirmed unto them, as had One hundred they Years before Thefe Commiffions ad capiendas Afas, have of late Years been fctledand executed fif only in Lent, and the long Vacation, when the Juand other learned Lawyers, may be at leiftices,

&

&

on

JU

ju

5ufticesS Of the H!eto0, (Jufticiarii adCuftodiam on d'Oyer and Terminer is directed to certain Perhei- Judj/orum afftgnati,) King Richard I. after his Refons upon any great Aflembly, Infurrections, turn out of the Holy Xand, Anno 1194. appointed ous Mifderaeanors, or Trefpaflcs committed. and Orders, for prethe Occafion of granting this Com- particular Juftices, Laws, And becaufe is provi- venting the Frauds, and regulating the Contracts miflion fliould be maturely weighed, it and Ufury of the Jews. Hoveden, parte poft. pag. ded by the Statute made i E. 3. cap. 2. That no to be granted, but that 745. Clauf. 3 Ed. 1. M. 19. fuch Commiflion ought

the Juftices of the jJluCiceaof 5.arj0,zer Were Juftices heretofore they fhall be difpatched before of Labouror other, or Juftices Errant, except appointed- to redrefs the Frowardnefs one Bench the fpecial ing Men, that would either be idle, or have unfor horrible Trefpaffes, and that by See 21 E. 3. c. 1. 25. E. 3. Favour of the King. The Form of this Commil- reafbnable Wages. and 3 1 E. 3. c. 6. c. 8. fion, feeF. N.B.f.no.
Suffice*'
3|tiffirf

of iftifi Jdjiujf Are all one at this with Juftices of Afftfe, for it is a common termed Adjournment of a Caufe in the Common Fleas, to grand Erre, i. magnis itineribus,) proverbially fpo- put it off to fuch a Day, Nift pritis jufticiarii veneken. Thefe in ancient Time, were fent with rint ad eas partes ad capiendas Afftfas ; and upon this Commiflion into divers Countries to hear fuch Claufc of Adjournment they are called Juflkes of Caufes cfpccially, as were termed Fleas of the Nift prius, as well as Juftices of Afftfe, by realbn Crown. And this was done for theEafcofthe of the Writ or Action that they have to deal in. been hurried to the Their Commiflion you may fee in Cromp. Jur. fol. People, who muft elfe have were too high for the 204. yet with this Difference between them, that King's Bench, if the Cafe the Jufti.es of Power to give Judgment in Juftices of Afftfe have County-Court They differed from becaufe they (as we faid be- a Caufe, but Juflkes of Nift prius only to take the Oyer and Terminer, or few fpecial Caufes, Verdict. But in the Nature of both their Funfore) were fent upon one and to one Place, whereas the Juflkes in Eyre flions, this feems to be the greateft Difference, were fent through the Provinces and Counties of that Juftices of Nift prius have to deal in Caufes the Land, with more indefinite and general Com- perfonal as well as real ; whereas Juflkes of Afftfe, lib. e. u, l%\ in ftricl Acceptation, meddle only with the 3. miflion, as appeareth by BraHon, pof And again, becaufe the feflbry Writs called Afftfe. 2. 13. and Britton, cap. and Terminer were fent uncertainly 3lUfke.8 Of tlje J&aPilion (Jufticiarii Pavilonis) Juflkes of Oyer in the Coun- Are certain Judges of a Pyepowder- Court, of a upon any Uproar, or other Occafion Mr. Gwin fets down molt tranfeendent Jurifdiction, held under thjB try ; but thefc in Eyre (as in the Preface to his Reading,) were fent but every Bifhop of Winchefter at a Fair on St. Giles' Hill, feven Years once, with whom agrees Home in his near that City, by Virtue of Letters Patent gracMirror of Juftices, lib. 2. cap. queux poknt eftre a- ed by Richard the Second, and Edward the Fourth. Hours, &c. Et lib. 2. cap. des peches criminals, 8cc. Epifcopos Wynton. &P fucceffores fuos, a tempcre quo, de Juftices in &Pc. jufticiarios fuos, qui vocantur Jufticiarii Pavialfuit del Roy, &c. And lib. 3. cap. alfo declares what belongs to lonis, cognitiones placitorum &P aliorum negotiorum Eyre : Where he their Office. [But there is a Book intituled Orig, eadem Feria durante, xecnon claves portarum &" cu<2V2P, Jufticiarii itinerantes. Are fo of the old French Word, Erre, Iter, as {a

ill

Time

t,

juridkiales, which fays, They were inftituted by King Henry

went

oftner.]

Thefe

flodiam pr&diB*

Chitatis ncftra

Wynton,

pro

certo

Second, as tempore FerU ittius, fiP nonmtUas alias libertates, imCambd. in his Brit, witnefleth, pag. 104. and Hove- munitates &P confuetudines habuiffe, &>c. See the Paden par. poft. fuor. annal. fol 313. hath of them tent at large in Prynne's Animad. on 4 Inft. fol.
the
Jufticiarii
itiner antes,
conftituti

thefe Words,
partes, per

per

191.
Of tlje fieatC (Jufticiarii ad Pacem) thofe who are appointed by the King's Commiflion to attend the Peace of the County where they dwell ; of whom fome, for fpecial Rcfpcct, are made of the Quorum, becaufe Bufinefs of ImJlllSitffi

Hcnricum Secundum,

qui diviftt

Regnum fuum

portance may not be difpatched without the Prefcnce or Affcnr of them, or one of them. 3uOElce8 Of <Baoli3DeliDerj>, Jufticiarii ad Gaolas See Quorum. The Office and Power of thefe is deliberandas, Are fuch as arc font with Commifli- various, and grounded upon feveral Statutes, too on to hear and determine all Caufes appertaining long to recite. They were called Guardians of to fuch as for any Offence are caft into the Gaol the Peace fill the Thirty-fixth Year of Edward Part of his Authority is to punifh fuch as let to th Third, cap. 1 2. where they are called Juflkes. Mainprifc thofe Prifoners that be not bailable by Lamb. Eiren. lib. 4. c. 19. pag. 578. See Shepherd's Law, nor by the Statute definibus, cap. 3. F. N. B. Sure Guide for Juftices of Peace. Thefc feem in ancient Time to have /(/. 151. of
:

quarum fingulas tres jufticiarios &V. In fomc refpeft they refembled tes conftituit, our Juftices of Afftfe at*prefcnt, though their Aumuch differ thority and Manner of Proceeding Co. on Lit. f. 293.

in fex itinsran-

Are

(Jufticiabeen fent into the Country upon this feveral rii ad Pacem infra Libertates') Are fuch in Cities, but afterwards Juftices of Afftfe were and other Occafion ; corporate Towns, as thofe others of likewife authorifed to this. Anno 4 . 3. cap. 3. the Counties ; and their Authority or Power is There Oath is all one with other of the King's all one within their feveral Precincts. Anno 2 7 Bench. Old Abridgment of H. 8. of either Juftices cap. 25. See Statutes, Tit. Sacramentum jufticiariorum. Were a Kind of

Suffices

Peace

toictjin

JLibcrtiea

appointed by King Edward the Firft, upFrom Juftkia, All Things be- on Occafion of great Diforders grown in the 3!ufficemenf0, Alfo Realm, during his Abfence in the Scotch and longing to Juftice. Co- on Weftm. 1. fol. 22 J. In the Old N. B. fol. 52. they are French Wars. the Effects or Execution of jfftke, or of Jurif: But ftiled Juftices of by Holinfhed and Trial-bafton diction. Stow, Traik-bafton, fo called (fay they) of trailing,
Juftices

Oath.

3fluffice

of

<Sratle*rjaffan

or

JU
or drawing the Staff of Jupice
Co. 12.
:

JU
Or according
to
re

nofimur

excludendo.

Pat.

Edw.

3.

3uBueS)faf Is the higheft Court that is held a Forcrt, and is always held before the Lord Chief Jupice in Eyre of the through Forejl, upon warning of fubftantial Juries upon all Officers, as May- forty Days before ; and there the Judgment! are Efcheators, and others, always given, and the Fines let for Offences, that ors, Sheriffs, Bailiffs, touching Extortion, Bribery, and other fuch were prefented at the Courts of Attachments, Grievances; as Intrufions into other Mens Lands, and the Offenders indicted at the SwainBarrctors, and Breakers of the Peace, with di- motes, concerning which, fee Manwood's Forepvers other Offenders ; by Means of which Inquisi- Law, cap. 24. $uftit>eB Is a Writ directed to the Sheriff, for tions, many were puniShcd by Death, many by Ranfom, and the Reft flying the Realm the the difpatch of Jupice in fome Special Caufc of Land was quieted, and the King gained great which he cannot by his ordinary Power hold Plea Riches towards the Support of his Wars. See in his County-Court. Hereupon the Writ de exMat. Wcjlm. in Anno 1305- In the Hift. Roffen. communicato deliberando, is called a fupicies in the which may be faid to be Old Nat. Brev. fol. 35. Alfo the Writ de lomine fol. 200, fub anno 1305, he gives the fol- replegiando, Ibid. fol. 41. And the Writ de fecunco -etanous with thefc Jtijlhci, lowing Account of their Office. Circa btc ttmpora da fuperoneratione papur*, Ibid. fol. 73. There arc an- many Precedents of this in F. N. B. fol. 117. in procrjpt in publicum now inquiptionis breve, quod glice dicitur Trail-bafton, contra Intrufores, Condulli- Account, and fol. 152. in Annuity, and fol. 119. in tios hominum Kitchin, fol. 74. fays, That by this Writ of vaputatores, conduclitios feipnx, captorei, Debt. pads infraftorei, raptores, incendiaries, murderatores, Juflicies, the Sheriff may hold Plea of a great Multi hoc perempti, multi redempti, mul- Sum, whereas, of his ordinary Authority, he pttgnatores. A.ieo ti noxii, pauci innoxii funt invent!. quidem ri- can hold no Pleas, but of Sums under Forty Shilin
;

ProceedRep. fol. 25. for their fummary ings, who fays alfo, They were, in a Manner, founded on Jufthei in Eyre, and their Authority the Statute of Ragman. Their Office was to make the Realm, by the Verdict, Inquilirion

19. intus. risdiction.

M.

Judicature, Prerogative,

Par. f or Ju-

It is gide procrjpt bujus co'ttionis jujlitia, quod pater pro- lings, with whom agrees Cromtton, fol. 231. non parent, tyc. dira mult a. As to the called a Jufti.ies, becaufc it is a Commiffion to frio flio
;

Name Traile-bajton, there arc divers Opinions the Shcrift ad jupiciandum aliquem, to do a Man fome think that Ballon Signifies the Beam of a Juftice, and requires no Return, or any CertifiPair of Scales, and So is metaphorically applied to cate of what he hath done. Brail, lib. 4. trad. 6. the juft poifing of Recompcncc for Offences com- cat. 3. num. a. mentions a Jupkies to the Sheriff mitted. Others think it may be derived from the of London, in a Cafe of Dower. See the New
1

French {Treilles, i. Cancelii) Bars or Lattices, a Book if Entries, verbo, Juflicies. Et totam aliam Grate with crofs Bars Others from the Word ~f Utlificarr, To pafs Judgment. Treitle, i. Pargula, a Frame or Rail, fuch as terram habeat &P terra habitatcres fub fe, juftificet. Vines ufc to run upon ; and Bajton, a Staff or Brompton. Du Frcfne. Pole, inferring, that the Juftices imploycd in JtlttfficatiOn, Jupip.atio, Is an Affirming or this Commiffion, had Authority to proceed with- Shewing good Rcafon in Court, why he did fuch out any Iblcmn Judgment-Scat, but might with- a Thing as he is called to anfwer, as to jupify in out more work proceed wherever they could a Caufe of Replevin. Broke, Tit. Replevin. 3ufMcatCUF, ( Jupipcatores. ) Will. Rex Angli* apprehend the Malefactors they fought for. If I may be admitted togivemy Thoughts, I fuppofe, it H. Camerario &P Juftificatoribus//j, omnibus fuis may be derived from the Fren h Word Trayl, i. to pdelibus Norf. falutem. Inquirite per Comitatum quit draw and Baflon, a Staff and theRcafon of this juftius hujufmodi forisfaffuram baberet tempore Patris my Suppofition, is, that the Kings of England having mei, five Abbas Ramept pve anteceffor W. de Albenio. in thole Times many Oicafions in France, by Rcafon Ft Comitatus comordaverit quod Abbas reilius praft of their frequent Wars there ; and obfci ving that dill.xm forisfaRuram debet habere, tunc prtcipio ut C. the Marfhals of France had a large Power, with folidi , quos Radul. Paffel. implacitavit, pne mora Abwhich they were inverted by the Delivery of a bati reddantur. T. Epifcopo Dunelmenp. Sir Henry a Battoon) the EnSign of Spelman leaves it thus without Explication. JuBajlon, (or as we call it their Office and Authority ; when they return- pipcators fcem to Signify Compurgators, or thofe ed and found ftrange Disorders srown here, in that by Oath jupify the Innocency, Repute, Imitation of that, erected thefe who (as or Oath of another, as in the Cafe of WaJupices, they fay) had a Bajlon delivered them as the ging Law. Alfo Jurymen, becaufc they jupify Badge of their Office, lb that whoever was brought that Party on whofe behalf they give their before them was Tr.xille al traditta ad Ba- Verdift. Bajlon, culum ; whereupon with Submiflion, may their ^lllfllitia Was anciently ufed for a Judge, and Name eafily be deduced, and they called JuJIi- fomctimes for a Statute, Law, or Ordinance. ces de Sciatis, Nos, de communi proTrail-BaJlcn, or Juft; iarii ad trahendum of- Richardus Dei Gratia.
:

&

fendentes ad bacuhim

We find a Com- borum virorum conplio, fecijfe has Juftitias fubfcrkt.is. coram Rogero de Grey ft 9 So- Hovcdcn, p. 666. Trailjhajlon, ciis fuis Juftic. apttd S. Albanum, Anno Regni Regis Jupitia Is often taken for Jurifdiction, or the E. 3. Sec Stelman'i Glojf. verba Office of a Judge. Leg. Edw. Conf. cap. ;<J. Ju5.
vel bafton.

miffion of

tofl ronquejlum, Trail-bafton.

Latronis fua ef de Ixminefuo. Jupitia, He who now is called Jufitiarius was The Lord Bermingbam,JiiJliciar of Ireland. Baker's formerly called Jupitia, i e. a Judge. Leg. H. 1. Chron. Anglic, fol. lis. c. 42. Rege vel Jullitia ejus, vel a Communi utroSuffltiani ad Placita tranfgrejponum MontU au- ritm^ue Domino fubmoneatur. dienda gp terminanda. Clauf. 7 Edw. I. M. 6. de jCuliitiaB farpre Is to hold Plea of any Thing. Mr. Selden, in his Notes upon Eadmems, mentionJudaeis. de no- ing that Plea which was held at Pinnenden be^UfhCiattlS. Not, quantum in hps
ttitia ccgnofcentis

SuttiCiar, (Fr. Jupicier,) a Jua'ce, or Jt<picier

pro Domino

&

alto Julticiatu,

qu*.

ep, ibidem

cptine-

tween ArchbiShop Lanfranck and Odo Bi/hop of K k 2 Bay-

Huic placito interfuerunt Goisfredus Bayeux, tells us,

Epifcopus

Minutis autem qui de fua

confuetudine paftillis carneis vefcebantur, efus fttbtraxit inordinatos, &' pro came, de aliece &= liborum eduliis congeftum quoddam ferculum ipjts in communi cumula-

in loco Regis fuit, 6 Conftantienfis, qui Warn tenuit, Lanfrancus Epifcopus qui Juftitiam dirationavit, ut diBum eft placitavit

&

Mum

&c.

vit. Quod more Normannorum Karpie quafi Karcmof pie fophifiice nominavii. Dr. Watts confefles him3u8ifitim, A Ceafing from the Profecution Law, and Exercifing jujlice in Places Judicial. felf ignorant of the Meaning of this Word. Du Frefne thinks it was the fame with Carpeia, which The Vacation. LL. Canuti. was a Part of Lenten Fare, or a Dim of falted or dried Fifti, chopped and minced together with K. other Ingredients to make it more favoury, as we now drefs a cold pickled Herring, or what is Ulenfiar QSonfh, Mentioned, iK Car. l. e. 7. called by the barbarous Name of Salmagundy. Karrata fsetli, {Mon. Angl. 1 Par. f. 548. b.) a confifts of 50 or 31 Days, (excepting Fenever hath more than 28, unlefs Cart-load of Hay. See CareBa. bruary, which in Leap-Year, and then but 29.) Twelve of which Karpnfl, i. e. Lent. Fr. Carefmes. (Lat. QaaMonths being thofe mentioned in the Kalendar dtagefima.') make a Year, which we call vulgarly in the lin&aj>, (JKaia &> Caya, Sax. Lug, Tcut. Kay,) Twelvemonth. But if in the Area in littore onerandarum atque exenorandarum nagular Number, we fay Twelvemonths, then fhall vium caufa, e compaBis tabulis trabibufque (clavium plural Number, A Wharf to land or fliip Goods it be accounted a Month of Weeks, which is but inftar) firmata. 28 Days. See Co. lib. 6.f.Su Catesby's Cafe. See or Wares at. The Verb Caiare, in old Writers, fignifies (according to Scaligtr) To keep in, or reComputation. jjulente, Rural Chapters, or Conventions of ftrain ; and fo is the Earth or Ground, where the Rural Dean and Parochial Clergy ; fo cal Kays are made, with Planks and Ports. Nunc Hie inundationes Tannatorum, led, becaufe held on the Kalends, or firft Day of curfus aqua per fordes every Month : As at firft every three Weeks, per varias perturbationes in prad'tBa aqua faBas,

&

& &

and by maxime per exaltationem Caye, &P diverjionem aqua, and at laft only once a Quarter, Degrees wholly intermitted, to the great Decay quam ipfi de Novo Templo feeerunt ad Molendina fua of Difcipline. See Parochial Antiquities, by Mr. extra Caftra Baignard, quod naves prtdiB* minime
intrare poffunt, ficut folebant. Pla. Petitiones in Kennet,p. 640. Pari. Anno 3 j Ed. 1. KalenD, the Beginning of a Month. Kantref. According to the Defcription of Kapage, (Kaiagium,') Portorium quod Kaias noMr. Humfrey Lloyd, out of the Laws and Ordinan- mine exigit Telonarius. The Money or Toll paid ces of Howeldda, a Kantref had its Denomination for loading or unloading Wares at a Kay or

&

from One hundred Towns, and fignifies as much, under which were contained fo many Commots, which the Weljh call Cwmmwd, and fignifies Provincia or Regio, and confided of Twelve Manors or Circuits, and two Townfliips. We find the Word mentioned in Mon. Ang. i.part.f. 319. Le primier Conquereur de trois Kantref thus de la terre de Brechnoch, eftoit Bernard de Nef-

Wharf.
m.
1.

Rot. Pat.

Ed.

3.

m. 10. and 20 Ed.

3.

rejicuU

&ebbar#. Cooper in his Thefaurus renders Oves by Kebbars or Cullers, drawn out of a Flock of Sheep. But where or why the refufe Sheep are thus called, is perhaps not worth en-

quiring.

KeOeU {Anno 12 Ed. 4. cap. 7.) See KidSee Cantred. dle. Karite, Carife, The Religious called their Keelage. See KlUagium. beft Conventual Drink, or their ftrong Beer, by Keep, A ftrong Tower in the Middle of any othis Name ; becaufe I prefumc, after Meals, ther Fort or Caftlc, wherein the befieged make they ufed to drink their Pocula Caritatis, or ad their laft Efforts of Defence, was called a Keep. Caritatem, i.e. their Grace-cups, in this beft Liquor. Hence the inner Pile of Fortification within the Willielmus Powcher Prior Ecdefi* Catb. Elyen. Caftle of Dover, ere&ed by King Henry II. about 6 Conventus. So conceffimus Magiftro Petro Pente- the Year 1 1 53. was called the King's Keep. Medico unum cotrodium in domo noftra, videl. quo- at Windfor, &c. ley libet die duos panes de celario, unum album de paftu Keeper Of the JFo.'Cff, Cuftos Forefta, Is alfo conventual! vocatum Houfhold-loof S9 alium nigrum called Chief Warden of the Foreft, Manwood Foreft unam menfuram cer- Laws, part. 1. pag. 156. and hath the Principal vocatum Black-white-loof,
march Norman.

&

Karite, vifi* ban*, tui ipfi eodem die defervitur. en. penes Ecclef.

vocat

Job. Epifc. Norwic. MS. plcafeth the Lord Chief Juftice in Eyre of the Fowas ufed for one Grace-Cup, as reft to keep his Juftice-Seat, he fends out his William Prior of Ely, and the Convent, granted Warrant, or general Summons, to him forty to Alice Atpilton one daily Corody, videl. unam paDays before, for the Warning of all Underunam menfuram Officers to appear before him at a nem vocat. Black-whitc-loof, Day ai-

Ely

MS.

ex eodem vafe de quo Conven- Government of all Things, and the Check of all Ex Cartular. Officers belonging to the fame ; and when it

And unum

Carite

&

cerviflA

the Summons, feu de dolio conventus, vocat. figned in which fee in unum Carite per diem. Dat. 8 Apr. 141 1. ib. wood, ubifupra. Karle (Sax.) a Man ; and lbmctimes a Servant Keeper of the d&>af g>eaf, Cuftos magni
melioris conventus,

Manfigim,

or Clown.

Hence the Saxons called a Seaman a Is a Lord by his Office, and ftilcd The Lord He is one of Bufcarle, and a Domeftick Servant flufcarle. This Keeper of the Great Seal of England Word is often found in Domefday, Selden's Mare the King's Privy Council through whofe Hands Claufum, and other ancient Records. From pafs all Charters, Commiflions, and Grants of hence, hy Corruption, comes our modern Word the King under the Great Seal; without which Churle. Seal, all fuch Inftruments by Law are of no Kamie, Matthew Paris in the Lives of the Ab- Force. For the King is in the Interpretation of
:

bots of St. Albans, under Paul the fourteenth Abbot.

1

Law

a Corporation, and pafleth nothing firmly but

KE
but under the faid Seal, which is as the publick Faith of the Kingdom in the high Lftecm and Reputation juftly attributed thereto. This Lord hath the fame Keeper, by the Statute 5 Eliz. 18.
.

KI

molifhed, to give their chief Subjects Leave to fortify their Manor-Houfcs with kernelled WallsLicentiam dedimut Johanni de Handlo quodipje manfttm fuum de Borftall juxta Brebull in Com. htick. Place, Authority, Prehcminence , Jurifdiction, muro de petra ex cale frmari c> kernallarc pofftt. Execution of Laws, and all other Cultoms, Com- Dat. 12. Sept. 131 2. Parocb. Antiq. pag. 353 modities, and Advantages, as hath the Lord Which Form of Work does now appear in He is that ancient Seat of Borjtal, Com. Buck, in the Chancellor of England for the Time being. conftituted by the Delivery of the Great Seal PoflVffion of the very worthy Sir John Aubrey Bato him, ana taking his Oath. Co- 4. foft. fol. ronet. 87. feernenatuer, (from the Lat. Crena, a Notch.) iSffperfi of fljc ^liberties! of dBunlano By Et dux (fc. Lane.) dicit, quod ipfe clamat pro fe Gp haredibus fuis habere Caftrum fuum de Halton, KerAuthority of Parliament. Sec Cujlodei Libertatis. ftpfper Of the PJIUP feCfll, Cuftos privati ftgilli, ncllatum. PI. dequo Warr. apud Ceftriam, ;i ). Is a Lord by his Office, through whofe Hands Fortified or Embattellcd. Roftormel. Erat ibidem the King before they quoddam Caftrum duplici muro Kerncllatum, &V. pals all Charters figned by come to the Great Seal, and fomc Things which Survey of the Dutchy of Cornwal. do not pal's the Great Seal at all : He is of the Nee non de ISerneB, Idle Pcrfons, Vagabonds King's Privy Council, and was anciently called illis qui dicuntur Idle-Men, &> MalefaBoribus, qui Cltrh of the Privy Seal. 12 R. 2. cap. II. Gardien etiam Kcrnys dicuntur. Pat. 5 E. 3. p. 1. m. 25 Ord. Hibcrn. 31 Ed. 3. m. 11, 12. del Privy Seal, in Rot. Pari. 11H. 4. num. 28. And Lord Privy Seal, and one of the great Offikebtrr, A Cover or Veffcl ufed in a DairyHoufe for Milk or Whey, cers of the Kingdom, by 34 H. 8. 4. Compotut jHtpCT Of the aCoUfh, 12 Hen. 6. 14. fcems Henrici Deye Of Johanna uxoris de exitibus OP provento be that Officer in the King's Mint, at tibus de Dayri. AUocantur pro novo Kevere empto See viii. den. Paroch. Antiq. pag. 385. In Devonjbire this Day called The Mafter of the AJfay. a Keeve is the Butt or Fatt wherein they work Mint. i&tilll0, In digging tnc Tin-Mines in Cornwall, their Beer. next the Load or Vein of Tin, there is a Floor teeplea or fceelea, (dun or a>,ies) A Kind of which they call Spar, above which lies another long Boats of great Antiquity, mentioned Anno Kind of Subftancc like a white foft Stone, which 23 H. 8. c. iS. Long* Naves quibus Brittaniam pri-

&

of Sea-wrack or Weed laid on Robertus de Tutejhal, Epifcopui ifcepiig with Norwkenjis, & Rogerus de Monte-alto concefferunt, Heaps, dried and burned, ftirred to and fro an Iron Rake till it condenfes and cakes toge- quod ipfi ex tunc non caperent, aut per baUivos fuos ca~ ther ; ufed chiefly in making Alom. pi facerent, aliquod Tbeobneum pro cafeo f butirofuSee Ariconium. venJRenct)pffer. per undo leguminibus Sfi bujufmodi nifi in grojfo dentur, & quod non caperent aut capi facerent de quin&enoal!ii?aronp. SceConcagU. tecneQelN (.Sax.) Spcl. de Condi. 1 Tom. fol. que peliibus rubeis qua vocantur Keyng nifi unum obolum tantum. Placit. Pari. 18 Ed. 1. Whence 406. Sec Cenegild. that a Keyng was five Fells iSentlCtfl, A Sort of Coarfe JVelJb Cloth, men- it fecms plain or Pelts, or Sheep-Skins with their Wool on tioned Anno 33 It 8. cap.\, them. Unintng.t. See Cenninga. jkertjerf , foquiptio &> extenta terrarum &epu*, iftep^, A Guardian, Warden, or Keepfcelp,

they call Kellus.

mo

ingrefft funt

Saxones.

Spel.

Made

&

Nolo etiam quod aliquis Senefchallus, Contenementorum, qu<e fuerunt Robert! de Monte-alto nu- er. default i, in Refeng in Norf. faffa die luna in cra- ftabularius, BaKivus, Keys, five Foreftarius, Serviper ab S. Fidis, videlicet, Regni Regis Edwardi tertio ent, vel venator per terras eorum venientes, Jlino Mon. item de cjiiad.im tonfuetudine qua vocatur ipfis nee ab bominibus fuis pafcantur. Kcrherc ad Feftum S. Michaelit 1 2 denar. Ex bun- Angl. Tom. i.p. 71. In the IJle of Man, the 24 dello Efcheat. anno 3 Ed. r. Perhaps a Com- chief Commoners, who are as it were the Con

mutation for the cuftomary Duty of Carrier, or Carriage of the Lord's Goods. feenullare OOtnum, To build a Houfe with a Wall or Tower, kerneUed or crenelle, with Cranies or Notches, for the better Convenience' of mooting Arrows, and making other Defence. Sfelman derives it from the Sax. Cyrnel, a Seed or Kernel ; from whence, fays he, Cyrnelen, to rife But Du Frefne juftly rein Knobs or Bunches. flc&s on this Violence done to the Word, and finds it to be quarnellus or quadranellus, a four Square Hole or Notch uhicunque patent quarnelli This Form of Walls and Batfive feneftra. tlements for military Ufes, and chiefly for fhooting with Bows and Arrows, might poflibly borrow Name from quadrellus, a four fquare Dart
;

fervators of the Liberties of the People, are called the Keys of the Ifland.

Michel', A Cake : It was a good old Cuftom for Godfathers and Godmothers, every Time their God-Children asked them Bleffing, to give them a Cake ; which was called a God's Kicbell. It is ftill a proverbial Saying in fome Counties,

Ask me Blejpng, and I will give you fome PlumbCake

being a

Anno 5 El. cap. 12. fays, Every Per/on common Badger, Kidder, Lader or Carrier. Whereby it fignifies one that badges, or carries Corn, dead Visual, or other Merchandife, up and down to fell ; called alfo Kyddiers, 1 3 El. cap.
i&iDOer,
25.

UlDDieri?,
der.

(Anno 13 Elii,

cap.

2 J.)

Sec Kid-

Nee tamen

interea cejfat Vel arcUS, balifta

ilia fagittas.

Quadrellos ha: multiplicat, pluit

It

open Cut

or fcioulc, fctoel, or fccDel, (Kidellui)a. Dam, Wear in a River, with a Loop or narrow in it, accommodated for the laying Fifh. to catch Weels or other

Engins

granted by our Kings, after Caftles were, for preventing Rebellion, de-

was a

common Favour

Part.
in
'
I

foft. fol.

38.

Anguftias,

Auminibus
-

poftta
'
I

ad Salmones
'

machinas Jive ingenia intercialioftue p fees

I
I

"
I I

"

piendoi

K
piendos.

I
Kettles

K
Honourable
;

I
may
read at large in thereof lib. 2. c. 24. num.
Statute

Fifhermen corruptly call them

is

whereof yon

The Word
24.

we

ancient, for in Magna Cbarta, cap. Staundford't TraBate upon the read thus, Omnes Kidelli deponantur de ca- made 17 . 2. Alfo in Bra&on,

tero penltus-per

Tbameftam ? Medeiueyam
nijl

& per

to

1,

&=

l.

tarn

Angliam,

Charter made by King jchn, Power was granted to the City of London, De Kidellis amovendis per Medeweyam. Anno 1 H. 4. cap. 12. Tbameftam it was accorded, {inter alia') That a Survey mould be made of the Wears, Mills, Stanks, Stakes, and Kideh, in the great Rivers of 'England. Inq. I Eliz. mortem Tho. capt. apud Derb. 15 Nov. poft

per cofteram Marls.

And

in a

&

ISmct of igrraltiS', Rex Heraldorum, Is a principal Officer at Arms, that hath the Pre-eminence of the Society. Sec Herald and Garter. Among the Romans he was called Pater Patratus. L*Uiig Of tljeSKtntffrele, at Tutbury in Com. Staff. His Power and Privilege appears by the following Charter.

Fyndern, Qpc. El fait feifitui de una Kidcllo vocat. a Were, ac de libera p/fcaria in Potlok. Efc. Bundello, 3. They arc now called Kettles or KettleNets, and arc much ufed on the Sea Coafts of Kent and Wales. KilDfffel", the eighth Part of an Hogfhcad. An ancient fcrvile Kind of Payment, feilfeftl), Kitfor in an old Manufcript 'tis thus written.
keth pro quallbet Hundreda,
2 denar.

Oban per le grace de Dieu, Roy de Cajlile &P de Leon, Duke de Lancajlre, a touts ceux, que cejlu nos
ou orront, Saluz.

letres verront

Sacbes

nous avoir

ordonez confiitut.

&P

de Minftraulx
quare
efi,

ajjignez noftre bien ame le deins Honeur de

noftre
1

Roy

Tuttebury

ou

qui pur

le

temps ferra pur prendre

deins

&

arrejler touts le

Minftraulx

meifme

noftre

Ho-

i&illaotum, Keelage, Robertus de Brus babet apud Hertelpole, portum maris, &P capit ibi Killagium, fed de quallbet navl cum Batello, applicante ibi, ocfo denar. 0* de qualibet navi fine Batelh quaRot. Pari. 21 Ed. 1. Tit. Northumtuor denar.

neur 8p Franchife, queux refufount de fair lour fer& Minftralcy as eux appurtenants, afaire de ancient temps a Tuttebury fuis dit annuelment les Donants jours del affumptlon de nojlre Dame.
iikes

&

grantants au dit

berland.
teiOpfllffalTicn Is where a Lord of a Manor was bound by Cuftom to provide a Stallion for the Ufc of his Tenants Marcs. Spelm.
Biltl).

des Minftraulx pur le temps ejieant plein poyer &* mandement de les faire refonablement juftifter Qp confirener de faire lour fervkes &P Mlnftrakyes en maner come appeint, &> come illonques ad ejle ufe & de ancient temps accuftomc, En Teflimonigniance de quel chofe nous avons fa\t

Roy

faire cejies

Ac omnes

fuetudine in

Ewyas

annuales redditus de quadam conLacy vocat. Kilth. Pat. 7 Elifc.

Seal

noftre caftel

nos Letres Patent, don fouz noftre Privy de le xxii. jour de

Tuttebury

pag.

7.

Spelm. confeffeth he did not

know

the

Meaning of the Word.

Auguft le an de Regne noftre trefdulces le Roy Richard II. quart. Confirmed by H. 6. 22 Feb. 21. Year of his Reign.

&tl1g, Rex, Is thought by Cambden in his Brit, king's Bend), Bancus Regius, Is the Court or pag. 105. to be contrarcd from the Saxon Word Cyning for Coning, fignifying him that hath the Judgment-Seat, where the King cf England was higheft Power, and abfolute Rule over the whole fomctimes wont to fit in his own Perfon ; and

He is taken Cromp. Jur fol. 134. Kitcbin, fol. 1. as not fubjeel to Death, but is a Corporation in himfclf. He is fupra Lepem by his Cromp. ibid.
abfolute Power. BraB. lib. 1. cap. 8. Kitcb.f. 8. And though for the better and more equal Courfe in making Laws, He do admit the three Eftates, that is, Lords Spiritual, Lords Temporal, and the Commons, unto Council ; yet this derogates not from his Power ; for whatever they Aft, He
his negative Voice may quaih. See concerning this, Smith de Rep. Anglor. lib. I. cap. 3. and Bratfon, lib. 2. cap. 16. num. 3. and Britton, c. 39. He pardoneth Life and Limb to Offenders againft his Crown and Dignity, except fuch as he bindeth himfclf by Oath not to forgive. Staund. PI. Cor. lib. 2. cap. 3 5. And Habet omnia jura in manu

Land; and therefore the King is in Intendment of Law cleared of thofe Defefts which common Perfbns are fubjeft to ; for he is always fuppofed to be of full Age, although never fo young.

it was moveable with the Court or King's Houihold, and called Curia Domini Regis, and Aula Regia, as Gviin reports in the Preface to his Reading; and that therein, and in the Court of Exchequer, which were the only Courts of the King till Henry the Third's Days, were handled all Matters of Juftice, as well Civil as Criminal. This Court of the King's Bench was wont in ancient Times to be efpccially exercifed in all Criminal Matters, and Pleas of the Crown, leaving the Handling of private Contracts and Civil Actions to the Common Pleas, and other Courts. Glanvile, lib. I. cap. 2, 3, 4. and lib. 10. cap. 18.

therefore

by

Jua. Bra&on, lib. 2. cap. 24. num. I. He may al- Bench. ter or fufpend any particular Law that fecms i&ingc-lD, Efcuage, or hurtful to the Publick. Blackwood in Apologia Charter of King Henry

Smith de Rep. Ang. lib. 2. cap. II. Co. 4. Inft. f. 70. and hath Prcfident of it, the Lord Chief Juftice of England, with three or four Juftices Affiftants ; or according to Fortefcue, cap. 51. four or five, and Officers thereto belonging, the Clerk of the Crown, a Protonotary, and other inferior Minifters and Attornics. Sec Juftlct of the King's

Royal
II.

Aid.

to the

As in a Abbot and

Regum,
Bon,

cap.
c.

11.
9.

For the King's Oath,

2.

fee Bra-

Monks of Mirevall.
quiet! per

Volo

&> firmlter pracipio,

de theloneo

lib. 3.

num.

totam terram

meam

& de

ut Jint
fclris

Teftimony of any rjr> de bundredls, 8p de Wapentachlls, > de Kingcld, Thing done in his Prefcnce, is of as high Nature Sp de Denegeld, Qp de Murdre. Mon. Angl.Tom. 1. and Credit as any Record ; whence it comes, p. 830. That in all Writs or Precepts fent out for the IXtrv'tf &tlbfr Is properly that Money due Difpatch of Juftice, He ufeth no other Witnefs to the King in the Court of Common Pleas pro 11than himfelf, always ufing thefe Words at the centla concordandi, in refpeft of a Licence then End. Tefte Meipfo. Laftly , He hath in the granted to any Man for palling a Fine. Co. vol. 6. 43Right of his Crown many Prerogatives above a- f- 39, ny common Perfon, be he never fo Potent and Kind's
Again,
King's only

the

&

KN
tettlg'0 ^btWanljerO, (Magijler
1

KN
: ;

deduBus Cignorum.) is a common Error, that Rom. 1. 1. u translated, m. 38. Radulphum Scot, Paul a Knave of Jcfus Chrift It was occasioned Cultodcm Cignorum noftrorum, five per alium by a Bible in the Duke of Lauderdale's Library, where the Word Kneaw* wax writ in lcfler Chaquemcunque qui pro tempore Cuflos cignorum nofirotum No Fowl can be a Stray but a ra&ersthan the other, and a Razure might eafily prtdictorum fuerit. bedifecrned but in the Earl of Oxford's Library, Swan. 4 f. 280.
Pat.

6 R.

2.

pars

t.

Inft.

Kintal

Is

certain

Weight of Mcrchandifc, Rev.

42.
to

1.

1.

'tis

faid, to

him

or fometo the feveral thing under or over, according Ufes of divers Nations. Plowden, fol. 3. mentions 2000 Kintals of VVoad in the Cafe of Reniger

mod commonly

of

One hundred Pounds,

Sec Strumpet.

The Word

Cnight John.
is

Forttfc.

now perverted

the hardclt Meaning, a falfc and deceitful Fellow. But it had a Scnfe of Simplicity and Innocence ; it firft fignified a Child or Boy, Sax and Fogaffa. [tern duodecim denarios ie quolibet cer* Cnapa, whence a Knave Child, i. c. a Boy diftin Churr. 31 Ed. I. m. 4. guifhed from a Girl in fcvcral old Writers. Quintallo. of Olicrs, broader at the A Knave Child between them two they gate. Ifcipr, A Basket made Bottom, and narrowed by Degrees to the Top, Gower, Poem,/. 52. 106. And Wuktiff in his old but left open to both Ends, which they life for Engl. Tranflation, Exod. 1. 16. If it be a Knave in Child, i. e. A Son or Male Child. Afterwards it taking Fifh ; as particularly upon Otrnore where they call this way of treading was commonly taken for a Servant Boy, and by OxforMire, the Water, and clapping down the Basket, and Degrees for any ferving Man : As in the Vifion

then groping for the Fim enclofed, Kipping and the Sax. Cypa, a Basket. It going to Kipe. From manner of is Orange to obfervc, That this very Filhing with Baskets of the fame Kind and Shape, is prattifed by the barbarous Inhabitants of Ceylon in the Eaff-Indies, as appears in the Relation and Figure of it given by Mr. Knox in his Travels, p. 28.

of Piers Plowman, Cokes and her Knaves cryden bote Pycs hotc, i. e. Cooks and their Boys, or
Skullions.

tenmhf, (Sax.
ratus,

Cnyt.
gilt

Lat. Miles, and Eqstei au:

Spurs he ufually wore, and thence called anciently Knights of the Spur The Italians term them Cavalieri, the French Chevaliers, the Germans Ruyters, the Spaniards Caval-

from the

no Salmon be taken be- Jaro's, &<) Knight in its Original properly figJ&.iVPCr**imr, That tween Gravefend and Henly upon Thames in Kip- nified a Servant ; but there is now but one Inthe Invention of the Crofs ftancc where 'tis taken in that Senfc, and that is per-time, viz- between and the Epiphany. Rot. Pari, jo Edw. Knight of a Shire, who properly ferves in Par(3 May) but in all other Inliament for fuch a County 3. Is an ancient Record re- Itanccs it fignifics one that bears Arms, who, for feirbj'CS diieS maining with the Remembrancer of the Exche- his Virtue and martial Prowefs, is by the King, whereof will or one having his Authority, exalted above the quer, the Meaning and Etymology by what follows. Memorandum, quod Rank of Gentleman to a higher Account or Step appear Anno Domini 1277. Anno Regni Regis Edward i filii of Dignity. The Manner of making them, Cambd. idem Rex per Mam An- in his Britan. thus fhortly cxpreffcth Regis Hcnrici quinto, mifit Nofiris vera
;

in fecretode temporibus, qui Equejlrem dignitatem fufcipit, fiexis gliam Ballivos inquirer e, fub juramento in humero percutitur, Princeps his -verbis terris Anglia per Johannem de Kirby Thegenibus leviter univerfis Gallice affatur ; Sus vcl fois Chevalier au nom de faurarium fuum, quifquis teneret S? cujus feodi, Ex Dieu, i. e. Surge aut fis Eques in nomine Dei. This cujus Regis tempore feoffatt effent. quantum HcgilL Glafton. Caenobii penes Rad. Sheldon Ar. is meant of Knight Bachelors, which is the Lowcft, but mod ancient Degrees of Knighthood with us. fol -7>.. e feirfemotP, A Synod : Sometimes tis taken for By the Stat. 1 Ed. 2. cap. 1. all Gentlemen having a full Knight's Fee, and holding their Land a Meeting in the Church or Veftry. by As Knight's Service, might be compelled to be made i&it=ftoo?, A certain Bed in a Coal-Mine. in Staffordshire ; the fourth Parting Knights: But that is repealed by 1 7 Car. \. ca. 20. at Wednesbury or Laming in the Body of the Coal, is called the The Privilege belonging to a Knight, fee in Fern's 116. Of Knights, there are one Foot thick. Glory of Generofity, pag. Kit-floor one Spiritual, fo called by Divines in TDedi unam virgatam de Knappa two Sorts fenaplia quam AAreas ter.iiit, &/> totam terram de Fernhurfi. regard of their Spiritual Welfare ; the other In another Charter, the fame Donation is Temporal. Cajfanjms de gloria mnndi. Par. 9. Cctifi-

&

&

thus faid
pa,

Sec SeUen's Titles of Honour, fol. 7 70. 2. Chief Juftice Fopham affirmed, he had ften a CommifTion granted to a Bifhop, to Knigbta.ll the MS. p. 94. Bnabf, An old Saxon Word for a Man-Ser- Perfons in his Diocefc. Godbolis Rep. fol. 39s, vant, and lb is ufed in 14 E. 3. Stat. 1. cap. 3. Of the fcvcral Orders, both of Spiritual and TemDedi
terra de

unam virgatam

Chucp-

derat.

quam Andreus

tenet.

Cartular Abbat. Rading.

And

Verfiegan

in his

Restitution of decayed Intelli

poral Knights, of the Garter.

fee

Mr.

is

fome Kind of Officer or Servant,

he that bore the

as Scild-knapa

w&a

Superior, whom the Latins call Armigerum ; and the French Efcuyer. Matt. 8. 6. Puer mem jacet in domo paralyticus, was in the Saxon Tranflation turned Myn Knawa. It was fometimes of old ufed as as Minifier was an Officer to Men of Quality titular Addition. Johannes filius WillielmiCouper de Thus we read in Ingulphus, De dooo F. quondam miDenby Knave, ad f.itis faciendum Repi de omni eo quod litis Kenulfi Regis, fol. 860. ad Regem pertinet, occafione rujufdam Utlagaria in ipAfterwards the Word was reftrained to him fum in placito tranfgreffioniiadfeHam Regi< promulga- who ferved only upon fome military Expedition, te. Original, de Anno 22 H. 7. 36. Derby. There or rather to him who by reafon of his Tenure

Weapon

or Shield of his

ferved the King in any Ci vil or Military Office or Dignity, was formerly called Miles: 'Tis often mentioned in the old Charters of the Anglo-Saxons, which are fubferi bed by fevcral of the Nobility, tw't. after Bifhops, Dukes and Earls, per A. B. militem, where the Court, Miles fignifics fome Officer of

He who

Afiimole's In/l of the

Kn

' .

.rs

was

K N

K N

was bound to ferve in the Wars, and in thisSenfc more in Selden's Titles of Honour, fol. 691. and the Word Miles was taken pro vajfallo. Thus BraBon, lib. 5. Trail. 1. cap. 2. See Coke on Littl. in the Laws of William the Conqueror- Mani- fol. 69, a. a Knight's Fee contained Twelve Plowbus eifefe dedit, cunBafua ah eo ut miles a Domino re- lands, 2 Part. Injl. fol. 596. or 680 Acres. Virgata terra continet 24 Acras, 4 virgat*. term, make an cepit. And he who by his Office or Tenure was Hide, and five Hides make a Knight's Fee, whofe bound to perform any military Service, was Relief is five Pounds. Of tl)t <0arfer, Equites Garterii, or furnifhed by the Chief Lord with Arms, and JSttlighflS in fo adoptabatur which the French Perifcelidis, Arc an Order of Knights firft created milium, call adouber, and we to dub fuch a Perfon a by King Edw. the Third, after he had obtained many notable Victories, who, for furnifhing of Knight. But before they went into the Service, it this Honourable Order, made a Choice out of his Was ufual to go into a Bath and wafh them- Realm, and all Chriftendom, of the bed and with a moft excellently renowned Knights in Virtue and fclves, and afterwards they were girt Girdle ; which Cuftom of Bathing was con- Honour, beftowing this Dignity upon them, and at the Inauguration giving them a blue Garter, decked with Gold, ftantly obferved, efpecially of our Kings, and then thofc Knights were made, Pearl, and precious Stones, and a Buckle of who for that Reafon were called Knights of the Gold, to wear daily on the left Leg only, a KirBath. tic, Crown, Cloak, Chaperon, a Collar, and other ftately and magnificent Apparel, both of fcnifll)t8sCourt Is a CWt-Baron, or Honourof Stuff and Fafhion ; Court, held twice a Year under the Bifhop exquifite and hcroical to wherein thofe who wear at high Feafts, as to fo high and princely Hereford, at his Palace there; are Lords of Manors, and their Tenants, holding an Order was meet. Of which he and his Succefby Knight's Service of the Honour of that Bifhop- fors, Kings of England, were ordained Sovereigns, in and the reft Fellows and tick, aie Suitors ; which Court is mentioned Brethren, to the NumSurv. fol. 244. If the Suitor appear ber of Twenty-fix. Smith de Rep. Anglor. lib. I, ca. Butterfeild's not at it, he pays 2 s. Suit-Silver for Refpite of 20. This Honourable Society is a College or Corporation, having a common Seal belonging to Homage. Itnic.llffn'sCvlD Was a Gyld in London, confiding it, and confiding of a Sovereign Guardian, which of Nineteen Knights, which King Edgar founded, is the King of England, that alwsys governs this Order by himfelf, or his Deputy ; of giving them a Portion of void Ground lying without the Walls of the City, now called Potfo- Twenty-five Companions called Knights of the Stows Annals, pag. 151. This in Mon. Garter, of Fourteen fecular Canons that be ken Ward. is written Cnittene- Pricds, or mud be within one Year after their 82. a. 2. pag. fol. Ang. Admifficn ; Thirteen Vicars, alfo Prieds, and geld. See Baneret. John Coupe- Twenty-fix poor Knights, that have no other intcth,f 15fmfref. land (for his valiant Service againd the Scots)hnd Sudenance, or Means of Living, but the Allowthe Honour of Baneret conferred on him and his ance of this Houfe, which is given them in reHeirs for ever by Patent. 20 Edw. 3. part. 1. fpecl: to their daily Prayer to the Honour of God and St. George. There be alfo certain Officers m. 2. &nighf0 Of tlje UPatf) : See the Antiquity and belonging to this Order, viz. The Prelate of the Ceremony of their Creation in Dugdale's Antiqui- Garter, which Office is inherent to the Bifhop of ties of Warwicl!fbire, fol. 531, 532. They arc fo Winchejler for the Time being the Chancellor of called from their Bathing the Night before their the Garter ; the Regider, who is always Dean of Creation ; their Place is before Knights Bachelors, Wind/or; the Principal King at Arms, called and after Baronets. This Order was re-edablifh- Garter, whofe chief Bufinefs is to manage and ed b y his prcfent Majefty King George in the Year marfhal their Solemnities at their yearly Feads 1725 ; who erefted the fame into a Regular mi- and Indallations. Ladly, The Ufher of the litary Order for ever, by the Name and Title Garter, who is alfo the Ufher of the Black- Rod. of The Order of the Bath, to confift of thirty-feven The Site of this College is the Cadlc of Windfor, with the Chapel of St. George, ere&ed by Edward Knight befides the Sovereign. JSnigt)t0 Of the tjami>er, {Milites Camera?) the Third, and the Chapter-Houfe in the faid Mentioned in 2 Inft. fol. 666. and in Rot. Pat. Cadle, and their Solemnity upon St. George's Day. 29 Ed. 3. par. 1. m. 29. fcem to be fuch Knights Cambden faith, This Order received great OrnaBachelors as are made in Time of Peace, becaufe ment from Edward the Fourth. Feme's Glory of in the King's Chamber, not in And that mod pious Prince Ifew/g^/ed commonly Generofity, pag. 120. Charles the Fird, as an Addition to their lthe Field, as in Time of War. Splenfenigl)t0>5f t p (.Feodum Militare) Is fo much In- dor, ordered all the Companions of the Order as is fufficient yearly to maintain a to wear on the left Side of their heritance, upper Garment, Knight with convenient Revenue ; which in Henry the Crofs of England encircled with the Garter the Third's Days was 15/. Cam. Britan. pag. ill. and Motto, from whence round about are cad But Sir Thomas Smith, in his Repub. Angl. lib. I. Beams of Silver like the Rays of the Sun in full rates it at 40/. And by the Statute for Ludre. See Garter. I hear of a large Traft cap. 18. Knights, I F"d. 2. cap. 1. fuch as had lol.per Ann. concerning this Order, written by Elias Afhmole in Fee, or for Life, might be compelled to be Efq; which fee for further Satisfaction. Knights; which Statute is repealed by 17 Car. j. J&night* of tlje J2D^er of >r. 31otm of Iflerufa* Stow, in his Annals, p. 285. fays, There \tm. Milites SanBi Jobar.nis Hierofolymitani, were cap. 20. were found in England, at the Time of the Con- an Order of Knighthood, that began about the 1 Knight-Fees, according toothers, Year of Our Lord 11 20. Honorius being Pope. queror, 6021 6021 J ; whereof the religious Houfes, before They had their Denomination from John the chatheir Suppreffion, were poflefled of 28015 0#- ritable Patriarch of Alexandria, though vowed to terr& fa iunt feodum unius militis. Mon. St. John the Baptijl their Patron ; Fern's Glory of Angl. 2. pair. fol. 825. a. Of this, you may read Generofity, pag. 127. They had their Primarv
;
'

JCarwaU .__

L.

Abode
,

K N
Abode
at
tirft

L A

in Jerufalem,

Rhodes, until they Turks, Anno 1 523.

Se.it is in the Ifle great Exploits againft the Infidels, but fpccially litare nulls tsifi Regi &> Regni principibus debetur. Mat. in the Year They live after the Order of Paris. Anno 1 246. 595. feiiiflhta of rtje ft>lure, {Milites Comitatus) OFriers, under the Rule of St. Auguftine. Of whom Mention is made in the Statute 25H. 8. cap. 2. therwifc called Knights of Parliament, arc two and ;6 H. 8. cap. 2. They had in England one Knights or Gentlemen of Worth, ehofen upon the the King's Writ, in plena Comitatu, by the Freegeneral Prior tnat had the Government of whole Order within England and Scotland, Reg. 0- holders of every County that can difpend 40 s. the firft Prior of England, and per Annum, Anno 1 Hen. 5. cap. 1. and 10 H. 6. rig. fit. 20. and was But to- cap. 2. who are in Parliament to confult in Befate in the Lord's Houfc of Parliament. wards the End of Henry the Eighth's Days, they half of the Commons of England, touching the in England and Ireland being found over- much to publick Affairs of the Realm. Thefe, when adhere to the Pope againft the King, were fup- every Man having a Knight's Fee, was cuftomarily conftraincd to be a Knight, were of Ncccflity to prciTcd, and their Lands and Goods given to the
1

and then in the Ifle of &v. but is taken away by Statute 12 Car.i. cap. were expelled thence by the 24. In Domefday-Bcok, lomc Land holdcn by Since which Time their chief Knights-Service is called Ta'mland, and Land hol'ldone en by Socage, Reveland, fol. 86. a. Servitium miof Malta, where they have

King, by 32 H. 8. 24. The Occafion and Propagation of this Order more cfpecially dclcribcd, you may read in the Treatife, entitled, The Book of Honour and Arms, lib. 5. cap. 18. written by Mr. Ri.bard Jones. JSmtWB Of SBnlta. Sec Knights of the Order of
St.

be
this

Milites gladio

cinHi, for fo

Day.

But now Cuftom admits

be cholcn to this Office. pro Parliamcnto extunc eligend. fint Milites notabiles de eifdem Com. pro tjuibus fie eligentur, feu aliter Notabiles Armigeri, homines generofi de Nativitate de eifdem Com. qui fint habilei exifiere Milites, Qf uuod nullus homo fit talis Miles, qui in gradu valetti Qp inferior's exifiit, prout in Statuto continetur, viz. 23 H. 6. In breve de Sum. ad Pari. Clauf. 39 Hen. 6. in dorfo. m. 41. For the Choice of thefe

the Writ at Enquires to Quod Milites Comitat.

runs

John

0/

Jerufalem.
S33..lfl.)fll

j.<niIlt

(Marefchallus

Hofpitii

Regis)

or never required. They muft have Annum. &nopa, A Knob, Nob, Boflc. or Knot, feniCtjtB ut (l)t Wempit, Templirii, Otherwise Textus fuper Evangeliis cum uno clafpi habens ex uno called Templars, was an Order of Knighthood infti- latere qitinq; Knopas argenteas, ?c. Mon. Angl. tuted by Pope Gelafius, about the Year of our Tom. 3. p. 365. Lord 1 117. and fo called, becaufe they dwelt in fcnouiUMttfn, The Lollards, or good Chriftians a Part of the Building belonging to the Temple in England called Hereticks, for oppofing the at Jerufalem, not far from the Sepulchre of our Corruptions and Errors of the Church of Rome Lord. They entertained Chriftian Strangers and before our happy Reformation, went commonly Pilgrims charitably, and in their Armour led under the Name of Known-men, and Jufi Fafithem through the Holy Land, to view the facrcd men which Title was firft given them in the Monuments of Chriftianity, without fear of In- Dioccie of Lincoln, under William Smith Bifhop, fidels. This Order increafing and continuing by 1500. See Fox Martyrol. Vol. 2. pag. 32. &c. the Space of 200 Years, was far fpread in Chri&pDDier*, 13 Eliz- cap. 35. See Kidder. but in Et fint quieti de &> Kylyw ftendom, and namely here in England Uj'Iphi. pafiu Proccfs of Time, fomc of them at Jerufalem 8P omnibus aliis exaHionibus r quas Foreflarii alii being (as fomc Report) found to fall away to baUivi folent exigere. Mon. Angl. 1 par. fol. 722. the Saracens from Chriftianity, or rather, becaufe Perhaps it may fignify fome liquid Thing, exthey grew too potent, the whole Order was fup- acted by Forellers. See Scotale. Wc have to prefled by Clemens Qmntus, 1309. and by the this Day in the North the Word Kelt, which the Council of Vienna, 1312. and their Subftance Country People ufc for liquid Victuals. iSPfif, A Coffin or Cheft for Burial of the given partly to the Knights of St. John of Jerufa

ItnijftN of the Order of St. John of Jerufalem.

an Officer of the King's Houfe, having Jurifdiclion and Cognizance of any Tranfgreffion within the King's Houfe, and Verge of it; as alio of Contracts made within the fame Houfc, whereto one of the Houfe is a Party. Reg. of Writs, f. 185. a. and 191. b. and Spelman's Gloff. in voce Marefcallus. f tilr-offf. 33 H. 8. a. 24. Sec Knights
Is

Knights, fee the Statutes 7 Hen. 4. cap. 1 5. 23 Hen. 6. cap. 15. with others. Their Expcnccs arc to be born by the Country, 35 H. 8. cap. 11. tho'

now fcldom
joo
/.

per

&

lem, and partly to other Religious.

gloria

Caffan. de

vernour, whom Brallon, lib. I. cap. 10. calls Magi- retby. ftrum milltit. Templi. The Mafter of the Temple ftand by, here was fummoncd to Parliament, 49 H- 5. m. my Grave. Ex Reg. II. in Schedula; and the Chief Miniftcr of the Lincoln. MS. Temple Church in London is ftill called Mafier of Of thefe Knights, read Dugdale's the Temple. In ancient ReAntiquities of Warwickshire, 706.
cords,
pi's

Mundi, part 9. confid. 5. and Anno 1. cap. 24. Thefe flourifhed here in England from Henry the Second's Days, till they were fupprefled. They had in every Nation a very particular Go-

Dead, Sir Tho. Cumberivorth Kt. made this fanciful Will in the Year 1450. Furft, I Gyffe My Sawle to God my Lord and my Redemptor, and my
wrechid

Body
in the

Kyftc

to be Beryed in a Chitte without any North yte of the Parilb-Kirke of SomcBut I will my Kyftc be made ar.d and at my BereaU Gijf it to hym that fills

Marmaduci Lumlcy

Epifc.

they were alfo called Patres Militi* Tem-

The narrow
to a.

Sob'iiotiis.

Mon. Ang.

2 part. fol. 554.

ment L3ffjf!,

affixed

tomglK'is&n'Uin {Servitium Militare) Was a Tenure, whereby fever*] Lands in this Nation were held of the King, which drew after it Homage r and Service in War, Efcuagc, ard, Marriage,

appending Seal, is annexed by Way a Will or Tcftamcnt,

Label.

Slip of Paper or Parchor Writing, for an called a Label. So any Paper of Addition or Explication to

Deed

is

called

a Codicil or

JUbina,

L A
We
Isl&Mf WttWr* Land
read
it

L A
againft

and in j qua facile labitur: Husbrech, Bernet, Openthefc, Ebermath, in the Monafiicum, 2 Tom. fag- 372. Lafordfwick, which Word is alii) found in Canutus's 6\. which fomc Authors have writJamque diierfi Ligei juxta Hofpitale noilanter Uanfe- Laws, cap. ten corruptly Labordftth. 11 is e> Labinis ttnies in at] periclitantur. fuch as Is a Writ that lies tags, Lex, The Law, Lagam Regis Edwardi
or for
vobis reddo, cum illis tmendationibus, quibus Pater Hence that refufe th to ferve in Summer meus earn emendavit, fays Magna Charta. we deduce Saxon-lage, Mercen-lage, Dane-lage, &>c. where he fcrved in Winter. Reg. Orig. fol. was that Right which the fUgatf, At firft, 189. LaCPtfa Is a Word mentioned in Domefday- Chief Lord of the Fee had ro rake Goods which were call on the Shore by the Violence of the Book, and there fignifics a Fathom. the French Lafcher, id eft, Sea ; but afterwards it fignified a Right which JUrtjefl Cometh of Laxare; or Laf(he, ignavus, and fignifics Slacknefs any one had to Goods which were Ship-wrecked, Thus BraBon, viz> in Littleton, feft. 403 and floating in the Sea. as or

having not whereof to live, do refufe to ferve,

labf^aniS

him

appears Negligence, &> 726. where Laches of Entry is nothing clfe Qua fi in mare longius a littore inveniantur, ita ut but a Ncglcft in the Heir to enter whereupon, conflare non pojjtt ad quam terram ejfent applicanda, I take Liberty to guefs, that it may be an old tunc qtiicquid ita inventttm fuerit, erit inventoris, adeo as when we fay, There is Laches quod in nuUius bonis effe dicantur, &* dicitur a nantibus Englifb Word, of Entry, it is all one as if we fhould fay, Lagan. Lib. 3. cap. z. But now Lagan is taken There Lackis of Entry, or there is Lackof Entry ; for Goods funk in the Sea, from the Sax. Liggan, See Flotfom. non a Uganda. and indeed it hath no other Signification for fo cubare, and Old Nat. Brev. fol. is it ufed, Lit. fol. 136. Lageoapum, Laghday, A Law-day, or Time Una cum omnibus feilis no. So where a Man ought to make or do a of Open Court. omnes alii eoand he makes or does it not, I of his Lagedayorum, qua Prior de Ledes, Thing, Laches cannot have an Aflife, but muft take an rum tenentes debuerunt ad Laghcdaya mera de NemenAtion upon the Cafe. See Coke on Litt. fol. 246 ton per tenementa qua de ipfis tenent in Hundredis pra;

&

&

diSis. Charta Almerici de Lucy apud W. Thorn fub anno 1 280. Sint quiet i de [e&a illius HunDcfeft in the Weight of Money ^ excepto quod iiillani fui ter in anno venide moneta quod vetus moneta currat, unde dred! Afpfum eft libra Jit La&a 2 s. 6 d. ad plus, &P ilia libra ent ad la Laghday ad prafentandum placita corona fine qualibet Denarii qui plus ladtaverint, occafione. Mon. Angl. Tom. 1. p. 270. plus la&avit, que, iMgeman, or &arjntan, {Lagamannus") Homo rediantur, &>c From hence we derive perforentur Such as we call now Good Men legal! s feu legitimus the Word Lack. Du Frefne. Ifind the Word in Dome/day, and in of the fury. 3U<t0D0?Um. Stony Stratford. ?UDa, A Lade, Lath or Court of Juftice, from the Laws of Edward the Confeffor, cap. 58. thus, Sax. Lathian, to Convene or Affemble. Hence Poflea inquiftffet Juflitia per Lagamannos,'^er methe annual Court at Dim-Church in Romney-Marfb liores homines de Bnrgo, &c. But in Libra Albo de held about Michaelmas, for the Election of a Sutbwel, TJlvet the Son of Forno is faid to have Bailiff and other Officers, is called the Lath, and been Lagaman of the City of York. Where doubtlefs it fignified fome Chief Officer, as Judge or See Letts. Dim-church-lath. ?LaDa, A Purgation by Trial, from Sax. Ladi- Recorder. My Lord Coke in his Comment on Lit an, to purge by Submiflion to any legal Method tleton, SecJ. 73. was of Opinion, that a Lageman of Acquitment. Hence the Lada fimplex, and was he who had Jo:am & facum fuper homines fuos, the Lada triplex, or I ada plena, among our Saxon i. e. who had a Jurifdiction over their Perfons Anccftors, mentioned in the Laws of King Ethel- and Eftates, and thofe were the Thaines or Barons of that Age ; fo that this TJlvet the Son of Forred, and of Hen. 1. See Spelman's Gloffary. i,aOa, A Lade, Load, or Courfc of Water. no might be one of the Barons who lived in Ex parte fiilicet orientali navigii vel Ladse York. Hiftor. Rames. Somner and Lambardvtere of the fame Opinion, ufq; ad locum qui dicitur Gangeftede. Edit. Gale, cap. 113. Where Navigium is proper- that the Word fignified the Thames, called afterScnfe of a navi- wards Barons, who fate as Judges to determine ly Navigerium, and has the like gable River. And Spelman tells us, that Lada Mens Rights in Courts of Juftice ; as, in Senatus is a Canal to carry Water from wet Grounds, confult. de Monticolis WaUia, cap. 3. 'tis faid, let but it fometimes fignifics a broad Way, viz. TJnde 1 2 Lahmen, which Lambard renders Men of Law, pladtum fuit inter eos, &Pc. viz. quod omnes Lad* viz. fix Englifb and fix Welfb, do Right and Ju-

y 580.

Itafla,

&

&

',

quas manachi fecerint in

ta
ilia

illo

?LlgPn, (Lagena) Fleta, lib. 2. cap. 8, 9. In anTime it was a Meafure of fix Sextarii. per quam mona<hi adducunt Lapides ad conffru&ionem cient Monaft. 1 Tom. pag. 854. Hence perhaps our Flagon. Donatio infuper de f ex Monajierii. Charta 2 Edw. 3. m. 25. 5fi.#0e, JU* f > ' the Mouth of a River ; from Lagcnis olei annuatim. the Sax. Ladian, purgare, becaufe the Water n. S2. The Lieutenant of the Tower has the from hence Cricklade, Lechlade, Privilege to take unam Lagenam vini, ante malum is there clearer; &>e. retro, of all Wine-Ships that come up the Thames.
qui. vadit

magna Lada

marifco obftupantur, excepad Wittlefmare, &>c.

ftice,

&c.

&

isetXyilUTl,

i.

e.
\

plurimam
levi

obfervani

Reproach. Facetiam in fermone Sir Peter Leycefler, dttm iiel fales vel Lsdoria nunc interprets Lagena
MinJIrel.

in

his

Vini,

Antiquities of Chefnire a Bottle of Wine. See

lingua nunc mordaci. Girald. in defcrip. Cambd. cap. 14. &afo;t)ftoick Is derived from the Saxon Hlafwic proditio, Jnfidelitas erga Domiford Dominus, num, a Betraying our Lord and Mafter. In the Laws of Henry the Firft, cap. 13. Quadam Placita

&

Is fuch a Parcel of Goods the Mariners in Danger of Ship-wreck caft out of the Ship, and becaufe they know they are heavy and fink, they faften to them a Buoy

iagOH, or iLagan,

as

or Cork,

emetidarif (i.

Quadam

crimina expiari) non poffunt, again.

that fo they may find and have them If the Ship be drowned, or otherwife
pcrifh,

LA
perifh, thcfc Goods arc a Uganda, and fo long as Sea, they belong to the are caft upon the Land,
called
lllifllfl, JLagffltf, &.an.!:(IlfT, Tranfgrrffto Legis,

LA
cerna ftp omnibus Baronibus ftp JidcUbus fuis falulem. Sciatis me dtdiffe fervo Dei Malgero Monacho Eleemo-

Lagan or Ligan, written with a finglc r, and in that Scnfe include* they continue upon the whatever may be plowed. The Earth hath in Admiral, but if they Law a great Extent upwards, for Cujus eft folum they are then called a ejus ejl ufque ad caelum. Co. 9 Rep. Aluredts Calc. H.iriDa, A Lawnd, or open Field, without Wreik, and belong to him that hath the Wreck, Wood. Robrrtus Comes LegeceftrU Radubho Pinas appears in Co. lib. 5. fol. to<$.
Breach of the Law, and fomctimes the PuSi nifhmeiit for breaking the Law. quis Dei reilitud/nes per vim teneat, folvat Lahflite cum Dacis, plenam VVyram cum Anglis. Leg. Hen. 1. cap. 13. Lamb. Explic. of Saxon Words, verbo AlulBtt. Ha a, The fame with Lain. Mon. Angl. \ Tom. pag. 483. A broad Way in a Wood. JUiruntc, S-ffliertniti and Irprrprloum, Pot
na
vel mulcfa ojfendentium in Adulterio ftp Fornicatione,

fynam pnrvam Landam, ad

ibidem faciend. Teftibus,
ftPY.

Manfxor.es

&> oratorium

Sine dat.

JlanO'bor, A Charter, or Deed, whereby Lands or Tenements are given, or held. Sic Anglo S.ixftp injlrumenta nuncuparant, prtdiorum jura ftp Jirmitates continent/a, fays the Learned Spelman ; And we read in Ccmcil. Synodal,

ones

Chartas

Sejfiones,

apud Clovrpo,

Anno Dom.
ftp

which Privilege did anciently belong to fomc prunominatam terram Lords of Manors, in Reference to their Villains Land boc, and Tenants, which Fleta, lib. 1. cap. 47. fcems to deret.
infer.

821. ut prafata rfbbatiffa libris unci Angle duunt in perpetuam hareditatem Ira-

cum

Sec Co. 4. Inft. fol. zo6. 3UlfCD SUffjF, Anno 1 R. 3.

cap. 8.

?LflmbOft',

aula

Thomas
denar. ftp

de

mi.

Manerium de Berton parva reddit Redgrave annuatim ad pafeba, auh de Cnapwel de Tudenham aneo

nuatim, II. Denar.

iUa pajlura Lanibotc.
di,

quod
de

le

pyfe molendini
ftp

Domini

debent jungere paflur*

Tudenham,

habere in

Cartular. S.

Edmun-

MS.

f.

in.

lamrrHSJ>-aP, (.Anno 23 H. 8. cap. 4.) Is the of Auguft, and lb called quaji Lamb-Mafs, 4. Somner in his Saxon Dictionary fays, Land heap becaufe Lambs were not then fit to cat, they eft fortaffe pretium fundi pacfo datum vel debitum. were grown too big; aliter, from the Saxon The Worcf is alfo read in Spel. dt concil. vol. I. Hlafmtjfe, q. d. Loaf-Mafs, becaufe on that Day fol. 502. the Englijb made an Ottering of Bread made with Lannps, A Ditch made near wet Lands, to renew Wheat. On which Day, the Tenant* that ceive the Water and carry it into the Sea Vera held Lands of the Cathedral Church of York, judicia ftp awarda de Vallis, Landeis ftp Waterfaciat (which is dedicated to St. Peter ad Vinculo) were gangiis. bound by their Tenure to bring a live Lamb into CanuffHcOSf, (Somner Landefricus) The Lord of the Church at High Mafs on that Day. See Gule the Soil, or the Landlord : From the Sax. Land, Et omr.is emat Jibi Lagam terra, and Rica, Reftcr. of Augujl. ILaiTimffilbfr. Inter antiquas confuetudines AbbatU 12 Oris dimidium Landefrico, dimidium Wapentako. de Sancfo Edrnundo. Capiunt etiam quidam, Leg. Ethelred. cap. 6. Sec Landricus. ex pradiifis Servientibus Glovefilver in fefto S. Petri iLanOeganfiman Was one of the inferior Tead vinculo, habent eodem die, 1. den. ad Lammc- nants of a Manor. Cuftsimaricrum genus feu inferiofilver, Sp qui uiruc capit unum denar. ad Glove- rum tenentium Manerii, fays the Learned Spelman, filver habebit eodem die I. ob. ad Lammcfilvcr. Ex who Occurrit vox in Cufiumar. de adds, Cartular. S. Edmundi, MS. p. 323. Hecham. ?lana placabllifl, Fine Wool. Noveritis r.os teneJLanO'gable Is a Tax or Rent ifluing out of ri in centum faccis bona lane ftp placabi is fine cot. &" Land, according to Domefday. Cenfus prtdialis vel
Firft
:

ILflnD<fbPap, An ancient cuftomary Fine, paid either in Cattle or Money at every Alienation of Land lying in fome peculiar Manor, or the Liberty of fomc Borough. As at Maiden in Effex, there is yet a Cuftom, that for certain Houfes and Lands Ibid within that Borough, Thirteen Pence in every Mark of the Purchafc-Money fhall be paid to the Town ; and this Cuftom of Land-cheap they claim inter alia, by a Grant made to that Town by the Bifhop of London, Anno 5 //.

&

gard. pro certa

fnmma

pecur.i*.

MS.

f.

20S.

Cartular. Radings. tributum quod a prtdiis colligitur ; that is, fays Spelman, a Penny for every Houfc ; the Weifa ufe

WiWelmus de Blanchivil tenet Pridgavel for Langavel. JLanft'CaglUtn. novem acras in Polingefland, qut fuerunt efchatra This Langavel or Landgable in the Regiftcr of unde a.ra fuerunt libera cP quinq; acr<e Lan- Domefday, was a Quit-Rent for the Site of a quatuor cetagti Johannes Filius Richardi tenet XX. Houfc, or the Land whereon he ftood, the fame acras per cartam qua Tochi fuerunt Lancetagii de dono Gil- with what we now call Ground-Rent. bert! de Alvendon. Cartular. S. Edmundi. MS. Filius Outi babuit in Civitate Manfiones prater

XXX

f.

401.
i^iirtCtti

fuam Hallam
in

ftp

duas Ecchpas

dim id

am

ftp

ment*

Carta. Will, de Albineo, Cx- day, Lincoln. Lanceti were AgricoU iLanDlllliri Ejl terra limes vel terminus. From the Sax. Gemara, i. e. Terminus, and from hence quidam fed ignoU fpetiei. Spelm. l,aru , Terra, In a general and legal Significa- we fay Meers. tion, includeth not only all Kinds of Grounds, ^iiliOimfrs', Agri menfores, Mcafuresof Land Co as Meadow, I'afture, Arable, Wood, &>c. but called of old. Houfcs and all Edifices whatfoevcr; but in a Thofc Services and Duties which iUnutri'tta, more reftraincd Scnfc it is taken only for Arabic in the Saxon Times were laid held upon all that Ground. Co. on Lift. lib. 1. cap. 2. felt. 14. fays, Laud, which were three Obligations called Trinoand BrigTerra' eff nomen Generaliffimum ftp comprebendit om- d.x neceffitas, Expedition, Burghbotc r.es Which Duties the Saxons did not call fervifpecies terr,, but properly terra dicitur a te- bote and anciently it was tia, becaufe rendo, quia wmere teritur ; were not Feudal Services arinobio

torum

Volo etiam quod habeant omnia amercia- fuper Manfiones babuit locationem, CP prater hoc de hominum fuorum, tarn liberorum quam Lance- unaquaq\ unum denarium, id Domefefi, Landgable.

Leta mea.

Wimunham.

Thcfe

LU

they

fing

L A
Owners, fing from the Condition Land vvhodireBa, Rights that charged the very Vide foevcr did it, Churchman or Layman.
poflefs

L A
but Lan3tapi0
Ipfa

of the

ram, The fame

quoque facrifta,

aquam
Cangc.

benediBam

&

QPc.

recipiat

with Ofulum pads : ad

pacis,
&>c.

feneflram

lapidcm

Du

Spelman

10. of Feuds , cap.

8.3HD-man, Terricola, the Terre-Tenant. A Landlord. 5tant>tcu<5, JUnO*renant Is he that actually poflcfles the Land, or hath it in his manual Occupation. 14 EE. 3. cap. 1. 2.6 E. 3. Stat. 3. Stat. 5. cap. 5. 23 12 R- a- cap. 42. See Tern-Tenant, 5. cap. H. 4- cap. 8. it is joined with this Word Poflcf4 Anno 1 H. 6. cap. 5. See Terreas

&

idauft, Lapfus, Is the Omiffion of a Patron to prcfent to a Church, within fix Months after voidable ; by which Neglcft, Title is given to the Ordinary to collate to the (aid Church : We fay that Benefice is in Lapfe, or lapfed, whercunto
his

he that ought to prelent hath omitted or flipped Opportunity. 13 Eliz. cap. 12. This Lapfe

infra pares eorum

happens, as well the Patron being ignorant of the Avoidance, as Privy, except only upon the ReHomines tarn signation of the former Incumbent, or the iLanrcctittf, Q*re an Lanteflus. Depriextra burgum quam infra debent eadem libertate frui vation upon any Caufe comprehended in the Sta& tute of 1 3 Eliz. I 2. Panor. in Lantcflos de Herdewyke banleucam
(br,

Synonymon.

Tenant.

prater Cartular. S. Edmundi,

MS.

fol.

num.

316.

JLaiigabelum.
JLatlOCmaiini.

Sec Landgabilum.
Item in ipfa Civitate erant I a Sacam. Habentes Socam Sir Ed<w. Coke writes Lincolnfcire.
e.

cap. quia diverfitatem, de conceff. Prahend. &Pc In which Cafes the Bifhops ought to give Notice to the Patron. JUrcMip (Fr. Larrecin, Lat. Latrocinium) Is a
7.

Langemanni, i. Domefday, Tit.

&

Theft of perfonal Goods or Chattels in the Owner's Abfence ; and in refpect of the Thing
ftolen,
it is

either great or fmall.

them Lannemanni, and interprets them Lords of is when the Things ftolen, though fevcrally, ex Manors, habentes Socam OP Sacam de tenentibus &> ceed the Value of xii d. Petit Larceny is when
hominibus fuis.
1

Great Larceny

Inft. fol. 5. a.

the Goods ftolen exceed not that Value.

Of

An under Garment made of &ann/olum, Wool, formerly worn by the Monks, which reached down to their Knees; fo called, becaufe

this,

fee

duo cjuarteria de brafto avenge, vel red- equis QP bobus minoribus rebus. Pauli ; denar. in fejio Apoftolorum Petri JLarDarium, The Larder, or Place where the item quxlibet dux virgaU facient, 1 Langerode, vel Lard and Meat were kept. Tenentes de Cartula- Pidington cariabunt falem Domini de dabunt III I. den. in eodem fejio, foro ubi emptus rio S. Petri de Burgo, Swafham dito. MS. fol. fuerit ad Lardarium Domini. Paroch. Antiquit
brafio ordei, vel

Lanea fit : We read it in the Monafl. 1 Tom. pag. ad wjiiendum autem fufcipiunt, &c. duo Lan. gcola &P omnia Lanea. In Collingham, &an.yfroDf, duj bovaU terrd facient unum quarterium de qutlibel
419.

J, 16, 17 Inter minuta autem furta (fays Spelman) qu* Foren fes vocant Petty Larcenies, olim babebantur equi & bovis fubtraBio, ut perfpicuum $Jl ex Affifis Hen. 2. Clarcndoni* editis, ubi H*c attenefie legitur.
cap.

more

in Staundf. PI. Cr.

lib.

1.

murdro &> proditione iniqua combufiione &P in omnibus pradiBis, nifi in minutis f^rtis &> roberiis, qui faB* fuerunt tempore guerra, ficut de
bit

in

&

Ajfifa

dent ill.

&

&

Ex

130.

Jlanis De crefrmfia tfUaHisetratiucennifl! abfnue CuBuma, C. Is a Writ that licth to the Cuftomer of a Port, for the permitting one to pafs over Wools without Cuftom, becaufe he hath paid Cuftom in Wales before. See the Regijler,
fol.

a 7 9.

ifLanrerium*

The

a Steeple. Dunclmenfis

Lantern, Cupolo, or Top of Walterus Skyrlaw Epifcopus

(ohiit

1405) magnam partem campanilis,

Mmifierii Eboracenfis confiruxit, in medio cujus operis arma fua pofuit. Angl. Sacr. P. I. pag- 775One Sort of bafe Coin. Rex HatlO ntger. Johannem de Glouceftcr ad monetam retonfam mifit
vulgo Lanterii,
ftp

conterfeBam

arrefiandam

idemque

invenit Johannes ad Sandwic accedens, ibidem monetam quandam videlicet nigrum Lanoncm Qp in partibus iUis communiter currentem
inbibuit ne

moneta

ilia

de catero curreret.
1.

in Saccario.

Mich. 22 E.

by Sir

Memorand. John May-

nard. JUuMSf JiRartlHHtUi?. Qui quidem Henricus de Cliff (Clericus Rotulorum) in magna Aula Weftmin. Durham, pag. 12. Karons Is the French Word for Thieves. In apud Lapidcm Marmorium in prafentia Domini Cancellarii prtftitit facramentum, &c. Claus. i8Edw. a. the Statute for View of Frankpledge made 18 Ed. in 1. Dorfo. This Marble Stone is about ia Foot 2. the fourteenth Article, to be given in Charge long and 3 Foot broad, and remains to this Day at a Leet, is of Petty Larons, as of Geefe, Hens, at the upper End of Weflminfler-Hall, where there &>c. is alfo a Marble Chair placed at the Middle of ?UfllItte , i. e. Legis vklatio : From the Saxon Si quis decimam contrait, in which our Kings anciently late at their Lab, lex, and Jlite, ruptio. Coronation-Dinner, and at other Times the Lord teneat, reddat Lafhlite cum Dacis, Witam cum Chancellor ; but over this Marble Table and Anglis. LL. Ealef. Aluredi Regis. It denoted the Chair, are now erected the Courts of Chancery, Danifb common Forfeiture, which was Twelve and Kings bench. See Orig.Jur'td. fol. 27. Ores;

Rent by this Name Which I conceive to be for Liberty to feed their Hogs with tbe Maft of the Lord s Woods ; the Fat of a Hog being called Lard. This was called Lardarium in old Charters, Of decimam lardarii de Haga. Monaft. I Tom. 321. And thofe were called Lardarii, who were the Chief of the Lardery, viz. Rogerum Lardararium fuum. Eadmerus, lib. 3. pag. 66. Thus Mr. Blount, who fecms miftaken in the Etymology For I take it to have been rather a Commutation for fome cuftomary Service of carrying Salt or Meat to the Lord's Larder. In the Choire of the Cathedral of 5fl.ar00ft. Durham, the High Altar and St. Cutbhert's Ferreis all of the French Pierre curioufly wrought, tory both infide and outfide, with fair Images of Alaand gilt, being called in the ancient Hibafter Davies Rites and Monum. of ftory, the Lardofe.
: :

pag. 496. Whence Larderarius Regis, the King's Larderer, or Clerk of the Kitchen. In the Manor of Bradford JLarOlll' JJonpp. in Com. Wilts, the Tenants pay to the Marquefs of Winchefier, their Landlord, a fmall yearly

L A
Ores
;

LA
ei Latera von fohim aim fapiant jur.i rum. talibus latcribus \uo\fed CP qu< fapiant jura Dei Walfingham, ter fulciatur Dommus Ar.h'mifcopus. Epift. Rob. Anno Grofthcad apud Append, ad 'Safdculum. p. 3 SS. Murderers.

every Ore valuing about xvi

d.

or xx

d. Ster- ria fiint

ling. Seldon's Hift. of Tithes, pag. 203. l.ftflttTltlH Is often mentioned in

and

KLarcran, To lie Side-ways, in Oppofition to 1271. . unam peciam prati apnd ontrare, Left, (Fr.) fig- lying End-ways. *Uff, (Sax.) Hltftan, nifies a Burden in general, and particularly a Langemede qut capitat ad Regiam ftratam, Qp LaAs a haft of Pitch, teral ad terras btrediim Nicholai de Sandwyco micertain Weight or Mcafurc. Dat. Anno 1317. Ex Rcgiftr. Eccl. Tar or Aftics, contains fourteen Barrels. 32 litis
Hen. 8. cap. 14. A Laft of Hides or Skins, Chrilti Cantuar. MS. JLatlje or Urti), (Ltftum, Leda) Sax. Lathe, Is Twelve Doren. I Jac. cap. 33. A Laft of Cod a great Part of a County, fbmctimes Fifh, Twelve Barrels, ,15 Car. 2. cap. 7. A Laft containing of Herring, contains Twenty Cades, or Thou- three or more Hundreds or Wapentakes; as it and is ufed in Kent. Suoque olim fubaudiens fand every Thoufand, Ten Hundred Magiftratui every Hundred Sir-Score. A Laft of Cole Seed quern Lcdgrevium apellabant. Et quod Ar.glke vocaIn is Ten Quarters and a half; and the like of Oats. bant 3 vel 4 Hundreda, ifti vocabant Thrihinga. A Laft of Corn, or Rape-Seed, is Ten Quar- quibufdam vero Provimiis, Anglice, vocabant Lxth, in fome Parts of England, they reckon quod ifti dkunt Trihingc. ters Quod autem in Trihinge Twenty-one Quarters to a Laft of Corn. A Laft deftniri non poterat, ferebatur in Scyram, i. e. in LL. Edtu. Conf. cap. 35. Et of Wool is Twelve Sacks. A Laft of Leather is Curiam Comitatus
; ;
,
:

fignifies

Afluflincs

or

Twenty Dickers, and every Dicker Ten Skins. fint quieti de fettis comitatuum, Leth, Hundred, Of Unpacked Herrings Eighteen Barrels make <P auxiliit Victcomitum. Pat. I H. 4. part 8. m A Lap of Pilchards is Ten Thoufand. 8. a Laft. An A Laft of Powder is Twenty-four Firkins, every Ti.nt!^taP or Hettigrebf, or Thrithingreve. Firkin weighing a Hundred Pounds. A Laft of Omccr under rhe Saxon Government, who had Ofmondi is our Thoufand Weight. Sed cum djf- Authority over the third Part of the Country, cederent (mercafores) 4. detuirios ,'e unoquoyue Lcith or three or more Hundreds or Wapentakes; babehant Rex tip Comet. Sc. Ccftrias. LL. Edw. Whole Territory was thereupon called a Tithing, othcrwife a Leid or Leithen, in which Manner the Conf. apud Seldcn. Tit. Hon. f. 620.
\

in the Marjbes of Eafl Kent, figni- County of Kent is yet divided, and the Rapes in Laft alfo, a Court held by Twenty four Jurats, and Sujfex fcem to anfwer the fame ; and perhaps the fummoned by the two Bailiffs thereof, wherein Ridings in TorJtfhire being now corruptly fo called they make Orders, lay and levy Taxes, impofe for Tridings or Tithings. Thofc Matters that for Prefcrvation of the faid could not be determined in the Hundred-Court, Qpc. Penalties,
fies

fol. 54.

Imbanhng and Draining, were thence brought to the Trithring where all the principal Men of three or more Hundreds, tatter, ifl.r(f.'P, and KUffmst, {Laftagiune, being affembled by the Authority of the Lathreve from the Sax. Laft, i. e. onus) A Cuftom cxa&cd or Trithingreve, did debate and decide it ; or if Ibme Fairs and Markets to carry Things they could not, did then fend it up unto the in bought where one will, (according to Raftal.) County-Court to be there finally determined. Vid. But ji Rub. 2. cap. 18. it is taken for the Bal- Spelman's Antient Government of England. Seems to be ufed by Sir Edward lad or Lading of a Ship. In a Charter of ?U>f im.fr Henry the Third, to the Monaftery of Sempling- Coke for an Interpreter, a Par. Inft. fit. 515. I Et fint i/uieti de Tbeolonio, Qp pontagh, fuppofe the Word is miftaken, and ftiould be ham, thus &P pttffagio, feV pedagio, &> Leftagio &> ftaUagio. Latiner, beeaufe heretofore he that underftood Where it is to be underftood in the former Signi- Latin, which, in the Time of the Romans, was Omneshomin'S London, fint quicti &P liberi the prevailing Language, might be a good Infication. Camden agrees, that it fignifies a &P omnes res eorum per totam Angliam, tiP per partus terpreter. ah ^ruchman, or Interpreter, and fays the Word maris, de tbeolonio, CP pajfagio, &> laftagio, omnibus aliis confuetudinibus. Diploma Hen. 1. de lis ufed in an old Inquifition. Britan. fol. 593. and may be derived or corrupted from the Fr. Libcrtatibus London.
Marftiei.

See the

Hift. of

&

Is properly that Latimer, q. d. Latiner. Laftage (fays another Author) is ifLafinaniiR, An Interpreter of Litin; Godpaid for Wares ibid by the Laft, \v)inut as He* rings, Pit.h, In Domefaccipitrarius, Hugo Latinarius. for Garbage, Rubbifti, day. Laftage Was alfo ufed or fuch like filth, as appears by this Record Catflt* Falfe Latin fliall not quafh an Indift-

Curtom which

&C

Et

(fund

millus

de catero alioita hujufmodi immur.da

aut fimos, inteft'ma beftiarum, ftmaria, fterquilinia, fordes, mucos, rubbofa, Laftagium, aut alia fordida in aqua Thamefis ponat vel projiciat, &f. Clauf- 16 Rich. 2. Dorl*. II.
vferalia, exitus

Qp

tail hewi

TJhimus h^res,

Is

he to

whom Land

comes by Efcheat, for want of lawful Heirs, that jArt and Science hath its proper Terms) but b Lord of whom they held in fome Cafes, infcnfiblc; and if it be in a material Point, is, the but in others the King. Quippe Rex omnium ht,re- this makes the Indictment inefficient, as Bur ditm ultimas eft, uti Oceanus omnium ftuviorum recep- glariter, murdrum, felonice, and the like, be Terms of Art well known in the Law taculum. Bract, lib. 7. cap. 17. and therefore See Lathes. if thefe Words, or the like, be miftaken in -tUftimi. an Indictment, fo that in a material Place there KLdtfrfl, Sidef-men, Companions, Afliftants Novit autem veftra difcretio quod falus Erclefiie Angli- is an infenfible VVord, which is not Latin, etiam Regni, flurinntm dependet a nenerabiVi nor any VVord known in the Law, this will can*, Patre Domino Archiepif. Cantuar. quapropter necejfa- make the Indi&mcnt vicious and infuffici
;

for although ; the original Writ fhall abate for falfe Latin, yet judicial Writs, or a Fine, (hall not be impcachSec Co. 5. Rep. Long's Cafc. ;ed for falfe Latin. (But if the Word be not Latin, nor a VVord allowed by the Law, as Vocabulum artis, (as every

ment, nor abate any Declaration

&

ent.

?Uttfar,

Latitat Is the

Name

Men
the

of a Writ, whereby
78.

all

* An Arbitrament or Award. *Tis Nich. Trevett, Anno 1293. w'z. Re* and therefore being ferved with this Writ, he muft put in Security for his Appearance Anglic diilo eorum, &c. &> Laudo fub certa obligaat the Day, for Latitare eft fe malitiofe occultare, tione fe fubmitteret : 'Tis. mentioned alio in Walanimo fraudandi creditores fuos agere -volentes. But Jinghim, pag. 60. And in Cartular. Glafton. MS. the true Original of this Writ, was this In anti- fol. 83. b. Arbitration'!, Laudo, feu diSo venerabilis ent Time, while the King's Bench was moveable, Patris Domini Cantuarienjis Ar'cbiejiifopi alte &> bajft and followed the King's Court, the Ciiltom was, not fuhmittimm. Cabirta for ftibtrta, i- e- Watry Land, in upon commencing of a Suit, to fend forth a Writ to the Sheriff of the County where the qua quit facile Labitur: "Tis mentioned in Monajl. Court lay, for the Calling him in, and if the Angl. 2 Tom. pag. 372. In aquis, Labinis, Qp marif-

ASions are King's Bench. F. N.B. fol.

in perfonal as fuppofing thatthe
;

called originally ro 2527.

LauOare Ts alfo to Arbitrate. Knighton, fag. and Laudator fignifies an Arbitrator. Knigh2526".

And

it

hath the

ton,

Name,

Defendant doth lurk

and

lie hid

iLauOum, ' mentioned in

Sheriff

returned,

Non

eft

Inventus In

Balliva

cis

&c. then was there a fecond Writ fued forth, that had thefe Words, cum teftatum eft quod Latitat, &c. and thereby the Sheriff commanded to attach him in another Place where he may Now when the Tribunal of the be found. King's Bench came to be fettled at Weftminfter, the former Courfe of Writ was held for a long Time, firft fending to the Sheriff of Middle/ex to fummon the Party, and if he could not be found there, then to apprehend him wherefoever but afterwards upon Pretence of eafing the Subjeft, and expediting Juftice, it was contrived to put both thefe Writs into one, and fo to attach the
mea,
;

fepiffime periclitantur. Kind iLaunrefla)'F; (.Anno 7 Rich. 2. cap. 13.) of offenfivc Weapons now diffufed, and prohibited by the faid Statute.

^La^er#b;eaf. In Glamorganjhire and fome other Parts of Wales, they make a Sort of a Food of a Sea-plant, which Teems to be the Oyftergreen, or Sea Liverwort. This they call Laverbread. Near St. David's they call it Lhavan or

Lbawuan,
Butter.

which

think

they interpret black

Party complained of, upon a Suppofal or Fiction, he was not within the County of Middlefex, and that therefore he but lurking ellewhere was to be apprehended in any Place elfe, where he was prefumed to lie bid, by a Writ direfted to the Sheriff of the County where he is fufpected And by this Writ a Man being brought to be. in, is committed to the Marlhal of the King's Bench, in whofe Cuftody, when he is, he may be Schoolman fays, Lex humana eft quoddam ditlamen ration! s, quo dirigmitur bumani ABus. This in our fued upon an ASion in that Court. hath been variable. Firft, Molmutius's Laws, iiatlT, (Latrocinium,) He who had the fole Land a particular Place de Latrone. 'Tis tranflated out of the Britifh Tongue into Latin Jurifdiftion in 'mentioned in Leg. W. I. viz.. Sciatis quod Ahbati by Gildas, of which we find no obfeure RemLatronem habere concedo- nants in our Laws now in Ufc. See Mag. Chart. tehneum Ailift foram, .So in Cbarta Hen. I. apud Spelman, Sacam ~'y- So- cap. 1 Sp 14. Secondly, Merchenlage, mentioned 'eam habere in Mam tenant fuam &P Latroci- in Camb. Brit. pa?. 94.. and Polyd. in Hift. Angl. This Word in old Charters is frequently lib. 5. Thirdly, Weft-Saxon-lage. And Fourthly, ufed for the Liberty of Infangtbeof, or Privilege Dane/age. The Laws called Merchenlage, or Mercian Laws, were compofed by Martia Queen of of judging and executing of Thieves. Mandatum ad cendulas &> the Britons ; and from her there was a Province ILatta, A Lath. Lattas noftrasfj.e. our Shingles and Lattice,) <-<jri- j called Provincia Merciorum. Many Laws were andas a parco ad domes noftras reficiandas. Pat. 4 'published by Etbelred King of Kent, by King Ina, H. 3. P. i. m. 10. Hence a Lattice made of (and Offa: But Alfred, who fubdued the whole Laths. (Kingdom, having revifed all the Laws of his Lal)atO?ilItn, A Laundry, or Place towafli in. jPredeceffors, retained thofe which were moft There was in Cathedral Churches commonly aiufeful, and abolifhed thofe which were not, fo 'that he was called Anglicarum legam Coisditor ; and Lavatory in the Porch, or Entrance, where the But this Priefts and other officiating Members were obli thefe Laws were called Weftfenelagan. ged to wafti their Hands, before they proceed Kingdom being afterwards fubdued by the Danes, ed, to divine Service. Hence in the Statutes of they introduced another Law called Danelag, the Church of St. Paul in London, it was ordain- by which their People were governed ; and they ed, ut Sacrifla Lavatorium in veftibuto per fervientes being afterwards deftroyed, Edward the Coxfetfor mundari faciat. Liber Statut. Eccl. out of the former Laws compoied that which frequenter Paul. London. MS. fol. 59. 6- But it was com- we now call the Common Law ; and therefore he is called by our Hiftorians Anglicarum Legum remonly an Ewer. Thefe Laws were only general Cuftoms LaDattTfl. Bowes upon Stanmore. ftitutor. Launarf, To advife, or rather to perfuade ^bfcrved through the Nation, which for that SLaudatum eft Regi quatenus confuetudines juftas non Rcafon were called Common; and likewife, bcLeg. Edw. Conf. cap. 39. So in Jejfery caufe Leges omnibus in Commune reddidit, to be ob auferret. Monmouth, lib. 1. cap. 6. Laudo igitur ut ah eo ftli- ferved by all, with fuch Amendments as were am fuam primogenitam pietatis Duel noftro conjugem, made by his Father. William the Firft did not enaft many new &>c. So in Hoveden. pag. 729. Laus is taken for St. Edward's Advice, viz.- Rex Anglic ajjignabat ei in terra fua ad Laws, but confirmed the old, vizLaws; and abrogated none which concerned any Laudem &>ConJilium Regis Franc's*, &c. 2 Compofitions or Mulcts of Delinquents,
that
;

?UberDiftoi&e, Unfaithfulnefs to the Chief Lord. Laurels. Thofe Pieces of Gold which were Coined in the Year 1619, with the King's Head Laureated, were thence commonly called Laurels, the Twenty Shilling Piece markt with xx, the ten Shilling Piece with x, the five Shilling Piece with v. Cambdeni Annal. fac. I. MS. fl.ato, Lex, In the general Signification is plain, and by BraBon thus defined, Lex eft fanHio jufta, jnbens honefta &> prohibens contraria : And the divine

&

At

LA
At prcl'cnt the Law of England is divide^ into three Parts, i The Common Law, which is the moft ancient and general Law of the Rea^m. And 3. Par2. Statutes, or Afts of Parliament Particular ; for if it be I ticular Cuftoms. fay the general Cuftom of the Realm, it is Part of the Common Law. Co. on Lit. fol. ij. 6. Law hath
.

LA
HaU) Of SrtllB, (L** Armorum,) U that which gives Precepts, how rightly to proclaim War, to make and obfervc Leagues, to Affault the Enemy, and to punifli Offenders in the
Camp. &atos!Dap {Lagedayam)
Is

otherwifo

called
I

View of Frankpledge, or Court-Lett.

Anno

wherein it is cap. 2. it is ufca for the County Court. Et alfo, efpecial Signification quod taken for that which is lawful with us, and not terr*. eorum imperpetuum quiet* fint de fttMs Comitaclfcwhcre As Tenant by the Curtcly of England. tuum &> Hundredorssm noftrorum, de lifu Franci-plcgii Vadiare le- & Lawdayorum, de Turno Up auxilio 13 E. 1. 3. And again, towage Law, Vke.omitum, Charta 39 Hen. 3. m. 5. Una cum omnibus gem, and to make or do Law, Facere legem. &c. an
:

Ed. 4.

ad Hundredum pr*diefnm ad duoi Lagcdajcs ptr anif he will, that is, fwear, and num ; unum ad Fefium beats Martini, & alium ad his Law, wage certain Perfons with him, that he detains not the le Hokedaie. Cartular. Abb. Chilton. MS. fol. Goods, or owes nothing to the Plaintiff, in 43. a. Manner and Form as he hath declared, which is JLatnc, According to Dome/day, by the Interintended by Law to be only in Cafe of the pretation of Mr. Agar, of the Receipt in the Plaintiff's want of Evidence, and when he can- Exchequer, fignifics an Afccnt, or eafy Sumnot prove his Surmife by any Deed or open Aft. mit. When one wages bis Law, he mall bring with Maftiffs mull be lawed ILatoing Of Og0. him fo many of his Neighbours as the Court every three Years. Cromp. Jurif. fol. 163. that fliall (Sir Edward Coke fays Eleven,) is, three Claws of the Fore-foot fhall be cut aflign, Char. to fwear with him, That they think in their off by the Skin. or the Forefit, cap. 6. And this Ball of the Fore-foot cut out. See Expeditate Confcienccs he hath fworn truly. Law is ufed in Aftions of Debt, without Special- and PeUota. as alfo where a Man coming to the Court JLatoleffi^Courf, On KingsliU at Rocbfird in Efty after fuch a Time, as his Tenements, for De- fex, on Wednefday Morning, next after Michaelfault, be fcifed into the King's Hands, will deny mas-Day, at Cock-crowing, is held a Court, vulhimfclf .to have been fummoncd. Glanvil, lib. 1. jgarly called, The lawlefs Court. They whifper, a & 1 Kitchin, fol. 1 64. This is borrowed jand have no Candle, nor any Pen and Ink, but cap. from Normandy, as appcareth by the Grand Cu- *t Coal, and he that owes Suit or Service, and But Coke in his 4 Rep. fol. 9 J. ^appears nor, forfeits double his Rent ftumary, cap. 85. every Hour from the fee is miffing. This Court belongs to the Honour Slade's Cafe, fays, It fprings originally of Ralegh, and to the Earl of Warwick, and is Judicial Law of God, allcdging for it the Twentyfecond Chapter of Exodus, verfe 7. The Feudifts denominated Lawlefs, becaufe held at unlawcall them that come to purge the Defendants, ful or Lawlefs Hour : The Title of it in the Sairamentales, lib. feud. Tit. 4. feci. 3. &P Tit. 10 Court-Rolls runs thus, &> 26. And the Civilians call them Purgatores. Spelman fays, Legem vadiare eft cautionem dare de Kingshill in) <j- Curia de Domino Rege DiBa fine lege, perimplendo legis exigentiam in re litigata, ut de pr*- Rochford 5 Sacramento ad indidam diem cum indiSo confaTenia eft ibidem ftando tramentalium feu conjuratorum numero And this Per ejufdem cor.fuet udinem , Ante ortum folit was a Cuftom anciently ufcd among the Egyptians, as Boemus in his Treatife De mmbus gentium, inLuceat nifi Polut, forms us. Anticntly Laga was ufed as Latin for SenefcaUus folus Nil fribit nifi colis, Law, as Lagam Regis Edwardi nobis reddo, &c. Toties voluerit Magna Charta, H. 1. 1 R. 3. cap, 2. 31 H. 6. Callus ut cantaiierit, cap. 6. Our Common Laws are properly and aptPer citjus foil Jonitus ly termed Leges Anglia, becaufc they are approCuria eft fummonita priate to this Kingdom of England, and have no Clamat clam pro Rege Dcpendancc upon any Foreign Law whatfoevcr. Co. 2 par. lnft. cap. 9. Thcfe arc the Birth-right, In Curia fine lege, and the moft ancient and beft Inheritance Et nifi cito -uenerint
: . :

When an Bracton, lib. 3. traft. 2. cap. 37. Action of Debt is brought agamft one, upon fecret Agreement or Contract, as in an Action of Detinue for Goods, Money or Chattels, lent or the Defendant may left with the Defendant,

SeSis

Lagedayorum.

x.

Scriptor.

This

Law

or Lage day was properly any Day of open Court) and commonly ufed for the more folemn Courts of a County or Hundred. Debent
facere

day,

fc9am

the Subjects have. Co. en Lift. lib. %. cap. 12. feH. 213. and in his Preface to the fixth Report. All Books written in the Law arc either Hiftorical, as the Tear Books Explanatory as Staundford's Treatife of the Prerogative : MifceUaneous, as the Abridgments ; Or Monological, being of one certain
;

Citiui pxnituerint,

Et

nifi

clam accedant
attendat,

Curia

nm

Qui

venerit

cum lumine

Errat in regimine,

Subject,
bard's

as Staundford's Fleas Lamof the Crown, See Fulbeck's Parallels, Juftice of Peace.

Et dum funt fine

.

lumine, Capti funt in crimine,

Curia fine cura.

jFurati de injuria.

cap. 3. HdlXffif Round Heaps of Stones, which were a Sort of rude Monument for the Dead, are in the Borders between England and Scotland called As in Staffardpire Loughs or Lows Lawes. from the Saxon hHUne, a Heap of Earth or
Stones.

Tenia ibidem
pofl

die Mer.urii {ante diem) proximi Fefium Sanfli Michaclis Archangcli, Akko Regni Regis, QTc.

This

L A
j

L E

This Court is mentioned in Cam. Britan. tho' were called Edhilinghl, which are now the Nobility :] fcrvile Attendance The next were called 'imperfe&ly, who fays, This Frilingi, whjch are now the] .was impofcd on the Tenants, for confpfring at Gentry ; for Friling amo.igft the Saxons was he that {the like unfcafonable Time to raife a Commotion. was born a Freeman, or of Parents which were not The laft were called Fol. 44 1 fubject to any Servitude. ilaw\e(0 fl&an, (Sax. Laughelefs Man, exlex) is Lazxj ; and thofe were born to Labour. They otherwife called an Outlaw. Pro exlege tenebitur, were of a more fcrvile Condition than our Sercum Princip'i non obediat nee legi, QP tunc utlagabitur vants, becaufe they could not depart from their Man. Service without the Leave of the Lord. They ilie qui efl extra legem, ft. ut Laughelefs ficut were fixed to the Land where they were born, BraBon, lib. 3. de Corona, cap. 11. ?Uto of SJSarque, {Anno 27 Edw. 3. Stat. z. and were in Nature of Slaves. And from hence the German Word March, i. e. we derive the Word Lazy. Nithardus. lib. 4. De cap. 1 7.) From Limes, a Bound or Limit ; becaufe they that are Saxonibus. driven to make Ufe of this Law, do take the JUarlHrougljBf, Leach-brine. At the Salt-works
Shipping or Goods of that People of whom they have received Wrong, and cannot get ordinary can take them within their Juftice, when they own Bounds or Precincts. See Reprifals. 3LaixJElfrt!)ant {Lex Mercatoria) Is become a Part of the Laws of this Realm; for if there be two Joint-Merchants of Wares, and one of them which dies, his Executor (hall have the Moiety ; in the Cafe of others not Merchants. is not fo Co. on Litt. fol. 182. Anno 13 Ed<w. I. Stat. 3. and
Staffordjhire, they take the corned Salts from the Reft of the Brine, with a Loot or Lute, and put it into Burrows, through which being fet in the Leach- troughs, the Salt drains it felf

in

which Draining they

eft

dry;

ferve Brine.
it
;

call Leach-brine, and preto be boiled again as the beft and ftrong-

From

Iflandkk

Torrent

whence the Bucking Tub or

27 Ed<w. 3. cap. 8. Charta Mercatoria, 31 Edw. I. m. 4. grants this to Merchants coming into : perpetual Privilege this Realm : Quod omnes Baliv't, Minifiri Feriarum, Vittarum Mercatoriarum Civitatum, Burgorum Mcrcatoribus anteditTis comparentibus coram eis cele- leak. rem Jufticiam facient de die in diem fine dilatione, Heap Is a pure Saxon Word ; for that which it univerfis fin- we now call a Seed-Leap ; and Leap-Fulne is a Seedfecundum Legem Mercatoriam, eandem Legem poterunt terminari. Leap full of Corn. gulis qua per iiaixmD. Sec Landa. &eap; JBea r . Sec BiJJextile. See Molmutian Laws. lea of garn. Stat. 22 &> 23 Car. 2. cap. KLatt<0 Of flI9olmutiu#. ) See Oleron Laws. Every Lea of Tarn at Kidderminfter fhall contain %a."00B Of Iblfron. reeled on a Reel four Yards 5fl.ato>tlber. In Breton Parva omnes fervientes 200 Threads, Curia debent habere crothecas contra aulumnum : Ha- about. bebunt etiam die SanBi Petri ad vincula 1 denar. ad 3Leaff, DimiJJio, From the French Laiffer, perLaw-Silver. Cartular. San&i Edmundi, MS. f. mittee, Is a Demife or Letting of Lands or Te-

&

put Allies in for Water make a Lee or LexMum for warning Cloaths, is in fome Parts called a Latch or Leche and in othcr Places a Luck. So in the Biftioprick of Durham a Leak or Leche is a Gutter And in Yorkfiiire, any Slough or watry Hole upon the Road is fo termed. Saxon leccian, to let out Water, to

L&tur, a Drain or Veflcl to to ftrain through them, to

is

&

in.

nements,

ILahi Spiritual {Lex Spiritualis) Is the Ecclefi- Hereditament unto another for Term of Years allowed by the Laws of this Realm, or Life, for a Rent referved : And a Leafe is eiaftical Law, which is not againft the Common Law, (whereof ther written, called a Leafe by Indenture, or a the King's Prerogative is a principal Part) nor Leafe Parol. The Party that letteth this Leafe and Cuftoms of the Realm. is called The Lejfor, and the Party to whom it is againft the Statutes And a Leafe hath in it fix And regularly, according to fuch Ecclefiaftical let is the Lejfee Laws, the Ordinary and other Ecclefiaftical Points, 1. Words fufficicnt to import a Demife. in Caufes within their Cog- 2. Leffce named. 3. Commencement from a Judges do proceed This was called Day certain. 4. A Term of Years. 5. A Denizance. Coke on Littl. 344. Law Chrifiian, and the Ecclefiaftical Court, (termination. 6. A Refervation of Rent. Co. lib. wherein this Law was adminiftred, was called 6. fol. 55. Knight's Cafe. Co. on Litt. lib. 1. cap. 7. Curia Chriftianitatis ; and the Rural Dean, who'/eff. 56. Co. J Rep. Cafe of Leafes. A MiU-leat, corruptly Milleat. was Judge or Prefident of the Court within his Heat, own Diftrict, was called Decanus Chriftianitatis :, Trench to convey Water to or from a Mill, menAnd in Oppofirion to this Law, the Common tioned in Stat. 7 fac. 1. c. 19. But moft peculiar
.'

Right of Common,

Rent,

or any

to Devonfuire, where in called Lex mur.diata, terrena, &c. ILato Of ftje ,f>tspU' (27 Ed. 3. Stat. z. cap. 22.): does frequently occur. riotous Is the fame with Law-Merchant. See 4 Inft. fol, JLeccatO?,

Law was

Conveyances the

Word

debauched Perfon, a Le

237, 238. and

ilau.ij>er,

Staples.

{Legifta,

Leejfperilus,

Our

Saxons called

him Lahman.

Sciant, quod ego Johannes Jurifperitus.) Conftabularius Ceftria dedi Hugoni de Dutton, &> Heredibus fuis Magiftratum omnium Leccatorium &>

cher, a Whoremaftcr.

See Latida. 5d,atDne or tounD, In Domefday

HalxmD.

fignifies

between Woods.
JLaj>b-(auP, {Terra inculta, novate,)
lies untilled.

A Place to lay Dung, HCCtaria- -See Litera. mentioned in the Statute Somerimes all that beidettiffernium, A Bed. for the better cleanfing and paving the Streets of longs to a Bed. Flcr. Worc.pag. 631. London- Anno 22 6 23 Car. 2. iiectrinutn, ;. e A Pulpit. Chirothecas dumoraOf a fcrvile Condition. The Saxons ret fuper Lcctrinum pofuit. Alonaftic. 5 Tom fta?*'! J
Soil

Meretricum totius Cefterfhiritc ficut liberius ilium Maa Plain gifiratum teneo de Comite. Salvo jure meo mihi haredibus meis. Sine dat. fed circa annum 1220. Land that %ect), the fame with Lath. See Lairwite. 2Lecl)ertoite, alias Hegertotte.

&

&apffan, {Saxon) or Rubbifh in,

divided the People into three

Ranks

The

firft

pag. 243

JLfcturnium,

LE
?U(turniuni, Lecforium, The Desk, the ReadTunc Major Pew in Chrfrchcs rcde.it ad Lc&urnium in.epturus quod incumpresbyter &c. Statuta Eccl. Paul. Lond. MS. fol.
ing Place, or

L E
&
eras non.

Articuli

ram Rege 1234.

Ex

propofiti

in

Parliament

to-

Rcgiftr. Will.

Wickwanc,

Archicp. Ebor. MS. JLrjjair, Legatum, Is a particular Thing given bit, by a lad Will and Tcftament, and he to whom If ft HetttllTimi {LL. Gul. i. cap. 6.) Seems to fig- fuch Legacy is given, is called the Legatee. a Fine or a Mulct. From the Sax. Laft, Man transfer his whole Right or Eftate upon nify another, that the Chilians call lUreditas, and him Onus. See Lathe. If alfo is the fame with to whom it is fo transferred, they term JHares ?LeOfl. Lada, which fignifics a broad Way or Broad, via. but we call him Heir only, to whom all a Man's in hngum de 2 Lands and Hereditaments defcend by Right of prato Trefdecim pen as de Leed &> 5 Thirteen Perches in Breadth, and Twenty- Blood. See Heir. See more in Devife. i. five in Length. iUgatie l^uttlO Is taken for him who Hands the Lathe. ReSus ir. Curia, not outlawed, nor excommuniJLeOiirauf, the Chief Man of JUDO, (Ledona,) i.e. The rifing Water, or In- cated, nor defamed And in this Senfc arc tiiofe Probi crcafc of the Sea. Ledo/ex horas inundationis & Words fo often ufed, legates homines. totidem recrjfus habet, malina veto grandis per quinque Hence Legality is taken for the Condition of fuch horas ebullit, c? per feptem horas littorum dorfa retegit. a Man. Ipfe tamen malefa&or, tradat fdejujfores de
;

&

Cangc. KUet, Leta, vifus Ftanci Plegii, Is othcrwifc called a Laivday. Smith de Rep. Attgl. lib. 2. cap. 18. and feems to have grown from the Saxon Leo, which, as appears by the Laws of King Edward, fct out by Lambard, numb. 34. was a Court of above the Wapentake or Hundred with their Courts- Baron, Iurifdiftion ilany Lords, together
:

Du

pace fie legalitate

tuenda,

i.

e.

Sureties for
1

his Tea-

good Behaviour. LL. Edw. man.

ifUflfltsrP,

Conf. cap.

8.

Sec
to
vel

(Legatarius,)
is

He

or

me

whom
Nun-

any Thing
fays,
cio.

it

is

bequeathed ; a Legatee. fometimes ufed po Legato

Spelman

tcgaff, An Embaffador, or other Rcprefentaand thereby do en- tivc of a Prince, efpccially of the Popes of to the Rome, who in England had the Archbifhops of quire of fuch Tranfgrcflions asarefubjeft Enquiry and Correction of this Court; whereof Canterbury for their Legates natos ; and upon extrathe Beginning of ordinary Occafions fent over Legates a latere. you may read in Kitchin, from his Book to the fifth Chapter, and Britton, cap. 28. Thcfe Legates are often mentioned in our old But this Court in whofe Manor foevcr it be kept, Hiftorians. The Difference between them is thus is accounted the King's Court, becaufc the Au- Legatus a Latere was ufually one of the Pope's the Crown. Family, who was vefted with the grcatcft Authothority thereof originally belongs to Kitchin, fol. 6. Dyer, fol. 64. faith, That this rity in all Ecclefiaftical Affairs over the whole Leet was firft derived from the Sheriff s Turn. Kingdom where he was fent ; apd during the And it inquireth of all Oflences under High Time of his Legation, he might determine Trcafon, committed againft the Crown and Dig-n even thole Appeals which had been made from it cannot punifh many, thence to Rome. Legatus natus had a more limited nity of the King, though but mult certify them to the Jufticcs of Affile, ]urifdiHon. 'Tis true, he was exempted from by the Statute of 1 E. 3. cap. ult. But what the Authority of the Legate a Latere; but he Things be only inquirable, and what punifhable, could cxercile even his jurifdi&ion in his own lee Kitchin in the Charge of a Court Leet, from Province. 8. to fol. 20. See alfo the Statute 8 E. 2. and JUfiatre Is the Pcrfon to whom a Legacy is befol.

have ikewifc
1

Leets adjoined,

Curia prifca ilia, (faith eft Saxones ad Friburgos, Decanias Tenementales pertinebat. The JurifdiHon of Baithe Dutchy of Normandy, in the liffs within of their Provinces, feems to be the fame, Compafs or very like our Leet, cap. 4. of the Grand Cuftui. e. Ceitfumaty. Leet comes from the Sax. Lxt, ra, arbitrium ; or from Lutan, Cenfere, tftimare. Quod in hac olim Curia de damnis tftimabatur inter ut patet in LL. Edw. Conf. vicinos

Infl.

fol.

261.

JLec

Spelman)

qut.

inter

queathed by a laft Will. lUaattm', {Anno 27

with Legatary.

Elix..

cap.

16.)

The fame
a

&pqatum, In the Ecclefiaftick Soul-Scat, or Legacy given to the

j
\ '

Senfe was

Church or ac-

cuftomed Mortuary. In all Churches appropriated to the Abbey of Ofney, the perpetual Vicars by Endowment were to have every fecond Legaif to the Value of Six-pence, and one half cy, of it, if beyond that Value. Vicarius. haemergentibus, cap. 20. See Sir William Dugdale's Warwickjbire, bebit fecundum legatum ad valentiam /ex denariorum, & quod ultra [ex denarks fuerit, inter ipfum Qp Car.ofol. 2. Paroch. Antiq. p. 304. $.fet or Ecif*', Meetings appointed for the niccs dimidiabitur. Nomination or ElcQion of Officers; a Word of-| Per %s^tw. ibnglise Uncic. To hold by the Law As when a Man is Teten ufed in Archbifhop Spottewood' s Hiftory of the or Curtcfy of England. nant for Life to the Inheritance of his Wife deChurch of Scotland. A Place. Uurftlega, a Woody ceafed e. i. Hcnricus de Lacy Comes Lincoln. ILega, tenet manerium de Burcefter ad termhtum vita fit* Place. lUga and Harts, Anciently the Allay of Mo- per legem Anglia- de Hareditate Margarets Uxcris ney was fo called. Debita nummi temperies quam fu*. Paroch. Antiqnit. pap. 361. veteres Legam Sf Laium {ni fallar) appellabant. ?U|]eill facfrr, To make Oath. Legem habere, To be capable of giving Evidence upon Oath. Spelm. JUgabiliP What is not intailed as Hereditary, Legem amittere, To lofe the Privilege of being but may be bequeathed by Legacy in a Laft admitted as a legal Evidence. Minor non babtt Will and Tcftament. Ccr.fuetudo eft in plerifq; legem, i. e. is not capable of Tcftimonial Sweardvitatibus &P burgis quod una domus poteft legari in ing. See Mr. Selden's Notes on Hengham, pag. ilia &P alia non, quia eft de baronia, '53I
'

&

ton

eft

bodte potefi legabilis, vel quia

ejfe

legabilis,

3Lfcraiit,

ITtftamtnto

?U 1Rop le ufUC By thefe Words the Royal ^UgergilP, and legertoit, (Legergildum,) The fame with Lairwite. But in the Laws of Hen. i. Aflent is fignified by the Clerk of the Parliament feems to have a different Significa- to publick Bills, which gives Birth and Life to tap. ii, 12. it tion. Si quit Dei fugitivum babet injujle, reddat eum them which before were but Embrio's; and to a ad reBum, 6 perfolvat el cujus erit, Regi emendet private Bill his Anfwer is, Soit fait commt it efl fecundum Legcrgildum. But Legirgild is not the defire. lie IRnp'a abifer?. 'tis a Mulct let on him who fame with Lairwite By thefe Words to a Bill receives and lodges a Servant departing from his prcfentad to the King by his Parliament, are undcrftood his ablblutc Denial of that Bill, in a Service without Leave of his Maftcr. more civil Way, and the Bill thereby becomes See Lefpegend, JLeaefpfnD. iLfgiofUB, Litigious, and fofubjected to a Courfe wholly nulled. Is a Saxon Word, and derived from Anno 1411. de vicaof Law. Inquifitio faBa Lefean, ad quern vel ad which fignifies to divide. ria de Dunton in agro Norfolc..

&

Me

of Greyhounds: The Term is Number Three, but was vel quibus, Qpc. Munimen- formerly double, or perhaps indefinite. portionaria, ft fit, cut, de PontefraSo. Archieff opus Cant. ta SS. Trinitatis fucc.fuifemel in quolibet Anno, Hofpital. cum travfierint per diBam Foreftam (/. e. de ArunMS. cum una lefia de fex Leporariis aliis cani?LecUfitriaf!Ori, {Legitimate,) A making lawful, del)
quos
ipfiin

vice,

& an

pertinere debeat ifta prxfentatio pert'met ditfa vicaria fit Legiofa, penfionaria vel

&

JLefo,

A Leam

now

reftrained

to the

&

&

bus or legitimate. fine ar.u, habeant tmum curfum. in eundo &> The fame with Lada; and fometimes it alium redeundo. Anno 43 H. 3. Reliq Spelrfl. pag. Ifta, Trees cut to burn. Bran(ignifics the Branches of cat etiam de Leia quantum neceffe fuerit ad focum *Un.ie!jenr>, (Sax. Lef-pegen, i. f. Baro miner.) Sint fub Monachorum. Du Frefne. quolibet borum quatuor ex medio rihus bomir.ibus {quos Angli iuueittr. See Rati. Lcfpegerd nuncupant, Dani vero onus turn ift&Bvrtie : He who had an Authority over a Yoong Men iccant) locati, qui curam viridis turn veneris See Latbreve. Leid, or Lath. fufcipiant. Conftitut. Canut i ReJ-npa, A Departure from Service. Si quit a gis de Forefta, Art. 2. JLeffa Is a Legacy. Domino fuo fine licentia difcedat, ut Leipa Emendetur Eleemofynas qttcts tnei homines faciant de fuis de.imis, atjue Leflias de &> redire cogatur. Leg. H. I. cap. 43. full fubFrom whence wc derive the Word flantiis. See Ewagium. $.ESie. Monafl. 1 Tom. pag. y6z. ^Ltrins Occurs in Dome/day, corruptly for Leura. Leafe. JLfdo; ancl JUffe t, The Lrffor is he that leafes Glojf. verbo Leuca, which fee. Spelm. 1-Ciif, Qudragefima, A fet Time of Fading and Lands or ^Tenements to another for Term of Abftinence for Forty Days next before Eafter, Life, Years, or at Will: And he to whom the and Leafe is made is the Lejfee. mentioned in the Statute 2 3 E. 6. 19. See Lathe. JLffla. firft commanded to be obferved in England by ErSec Lnfiage. ?UftaiJP. combert, feventh King of Kent, before the Year ifl.ttt.iai ft', 800. Sec Baker's Cbron. fol. 7. Lcftage free, or exempt from the kcu and JLatfj Leppe &> Laffee, Is a Cuftom in Duty of paying Ballad-Money. King Edw. I. the Manor of Writtle in EJfex, that every Cart granted to the Barons of the Cinque Ports that comes over a Part thereof called Greenbury Qu^d fint Wredfry, Wytffry, &> Leftagefry, Qf quod habeant Den &= StromI apud Ger(except it be the Cart of a Nobleman) pays 4^. Lonetopfry, Placit. temp. Ed 1. to the Lord of the' Manor. This Greenbury is con- nemuth. Ed. 11. ceived to have anciently been a Market-place, MS. 4to. penes Dom. Fountains ex _3de Chrifti and therefore had this Privilege granted. Tobias Oxon. lettftta. Among the Cuftoms and Services Edmonds, Gen. Senefcal. ibid. done by the Tenants of Chebenhali to the Abbey Hfra Is a Meafure which contained the third of St. Edmund in Arabit c herdSuffolkLomini de in Part of two Bufhels. It

&

fine

&

&

&

&

colligat

Bofcis

die in Augufto habebit ribum f,um ad mtnvalet quapars duorum Bujfeliorum, quod efl fam cum pane Qp a^ua. Or- habebit inter dues &P duos Du Cange. From hence we derive a drantem. Leithiam cafei, feru nutem babetet peciam carnis Seed- Leap. unum panem &P Lefthiam cafei, Qp port.t hit feiiim ad ^Lfpo^ariuP, A Greyhound for the Hare. Con- Dtmam. Cartular. S. Edmundi. MS. fol. 401. cedo eis duos Leporarios quatuor Bracatos ad leHrfaP*, or It lbr, Is a Wo. d ufed in Domefday, porem capiendum in Forejla nofira de Effexia. Mon. to fignify Parturcs, and is ftill ufed in many Angl. z Par. fol. 283. a. See Cbatzurus. Places of England, and often inferted in Deeds A Place where Hares arc
tertia

uncibus tert/am partem unius menfure

que locat Lcpa, uno

abit

ad duas

precarias

&

&

cum

cilia

pradi&o, metet

avtem

&

&

CffOMtn],

Mon. Angl. 2 Tom. s* Leporiis, &V.

p.

kept. and Conveyances. 1035. In turbariis, in vivariis

JLfttttilf!)lEl.

See Uzella.

a Writ that lies for a ilfthfrrnitc, 2 Infi. fol. 488. This is doubtlefs 3LnVf Parifh, to remove a Leper or Lazar that thrufteth there miftaken, or falfe printed for Lecberwite. himfclf into the Company of his Neighbours, Sec Lairv/ite. either in Church, or other publick Meetings, 8.' rare yrrurale m. The old Duty of fhiadragcfi. to their Annoyance or Difturbance. Reg. Orig. malt, or the cuftomary Oblations made on MidJentand F. N. B. fol. 423. fol. 267. Sunday, when the proper Hymn was, Lttare J-erufateriFOOP. The old fafhioned Shoes tipt with Jem, &c. by the Inhabitants within a Diocefc to Horn, and tied up with Silk Ribbands, or Silver the Mother Cathedral Church which old Cltom Chains to the Knees, were called Leripoops. Rog. of Proccflion and Oblation at that Time, was the Beginning of that Pra&ice which is ftill retained Dodfworth, Collcft. M. vol. 30. p. 120. among us, of Mothering or going to vifit Parents
3Ur;ol)enfin Is
;

L_E
on M'utknt- Sunday. But to return thefc voluntary Offerings on that Sunday, were by Degrees ictrlcd into an annual Compofirion or pecuniary Payment, charged on the Parochial Prieft, who was prefumed to receive them from his People, and obliged to return them to the Cathedral Church therefore in fome Forms of Approbation, the fubtle Religious took exprefs Care to throw this among other Burdens upon the opprcifed Vicars. As in the Ordination of the Vicain the Archdeaconry of Huntingdon, rage' of Erdele made in the Year 1290. It is provided, Qui quidem Vicarius folvet Synodalia, Laetarc Jerusalem, &> libros, Veflimenta &P alia Ornamenta, luminare compe; ;

LE
9 H. 3. cap. 18. There is likewifc a Writ Patent mentioned in F. N. B. fol. 1. 6rc. ftrlnnr anD Couctianr, Is, when Cattle have been fo long in another Man's Ground, that they have lain down, and are rifen again to feed in Records in Latin, they (ay, Levantes &" Cubantet.
;

Sec Falda.

tfuantim,
Lei are, to

Leavened Bread.
lighter.

From

the Lat.

make

Hiuan factaB Is a Writ directed to the Sheriff, for the levying of a Sum of Money upon Lands and Tenements of him that hath forfeited a
Rccognifancc. Reg.
fo F.
2v".

Orig.

fol.

298 &> 500. and

DiffeiGtozibusS Is

al-

Cler'uum idoneum & Ex Libro Incy exhibebit ftitutionum Oliv. Sutton Epifc. Lincoln. MS. See hath. JLetlj. .cttet0 of aiufolurion, or abfolbfltcup lettera, {Liteis. AbfolnttrU,) Were fuch in former Times, when an Abbot did rcleafe any of his Brethren, ab omni fubjeclione obedientia, &fic. and made them capable of cntring into fome other Order of Religion. The Form of which you may fee
tent in

can eUo,-vinum, Oblatas,

inveniet

&

B.

26" 5.
tie

ILtbart facial tinmna

hit Jimitia

Writ directed to the Sheriff, for the Levying of Damages wherein the Dejfeifor hath formerly been condemned to the Defftifee. Reg. Orig. fol. 214.
SLeban faciaa rffiouuin oebili Is a Writ directed to the Sheriff, for the Levying the Remnant of a Debt upon Lands and Tenements, or Chattels of the Debtor, that hath in Part farisfied before. Reg. Orig. fol. 299.
JLetoiiri fatian,

&

in

quanoo JHirecomes refurnatait Writ commandtetter Of attojnt V, Litera Attornati, Is a Wri- ing the Sheriff to fell the Goods of the Debtor a Man ap- which he hath already taken, and returned that ting authorising an Attorney, that is, pointed to do a lawful AS in our It cuds. Weft. he could not fell them, and as much more of As a Letter of At- the Debtor s Goods as will fatisfy the whole Debt. I. lib. 2. fe&. 559. Symbol, part
Men.
FaverJIjamenfi, pag. 7.

qU0D non

liabuit fmntozesr, Is a

give Seifin of Lands, to receive Debts, Reg. Orig. fol. 300. fue a third Pcrfon, &c. Sec the Stat. 7 R. 2. J,e\jare fcenum, To make Hay, or properly to 12. Anciently, a Letter of Attorney to give Seifin caft it into Wind-rows, in Order ad tajfandum, to cock it up. Hominet de Hcdingdon venient of Lands, ran thus cum furcit fuit ad dictum fcenum Lcvandum Sp
torney to

to

Gour PAteat

Hence una quod ego fobar.net taflandum. Paroch. Antiq. pag. 320. Dominus de Peodelefione Attornavi loco levatio fotni was one Hay-making, a Service Day's Alicia qut, meo dileBum mihi in Chrifio Jobannem Hendyng ad paid the Lord by inferior Tenants. faciei unam farcuponendum William Nafcbe Rogerum Nafcbe in ple- fuit "Uxor Richardi lc Grey na &> pacijica feijina in omnibus iU.it terris, &P tene- laturam & unam Wedbedripam, &> levationem mentit cum pertin. fuit, que &P quas babeo in Orle- fceni. cb. p. 402. ton prout in carta Feoffamenti diciis Will. KLeilCfl, Hfllba, KLfUPi Vue fpatium. Spelm. Rogero continetur. inde confeffa plenius Ratum babent Qp Glojf. verb. Leuca, They arc often ufed in Domefpratum quicquid did us Jobannet nomine meo fecerit in day for a Mcafure or Mile of Land. And Leunidet hath the lame Signification there. In cujut, &>c. Dat. 43 Ed. 3. Quodam prttmijpt.
univerjlt per prefentet

&

&

irttcr ClflUF, Liter* Claufe, Clofe Letters oppofed to Lettert Patent : Thefc Claufe Lettert being commonly fcaled up with the King's Signet or Privy Seal, while the Lettert Patent were left open, fcaled with the Broad Seal.

Parco ibidem, continente in circuitu tret Lcucas, fiP vacatur Keribulloc cum baya &> muro inclufo. Item.

quadraginta Perticat ad quarantenam, fiP 1 2 quarantenas ad Lcucam. MS. of the Dutcby of Cornwal. It feems here to be ufed for a Mile See Burten't Comment, on Anton. Itinerary, fol. 29.

JLeura Is a Meafurc of Land, confiding of .fftrrs Pf <prcfwilftf, Liter* Cambitori*, vel literi Cambii. Reg. Orig. fJ. 194. 1500 Paces. Ingulpbut, tells us 'tis 2000 Paces, letters of Sl5aique. See Mar pie and Reprifalt, pag. 910. In the Monaftic. 1 Tom. p. 313. 'lis 480

Perches. 14 H. 6. 7. titters gfltenf, Liter* Patentet, Are Writings iUucsrum, Logbore in South Wales. fealcd with the Great Seal of England, whereby ILeucata Is a Space of Ground, as much as a a Man is authoriftd to do or any Thing, Mile contains. De bofco, &c. continente unam Leuenjoy dimidium in Longitudine. that otherwife of himfelf he could not, 19 H. 7. catam in Latitudine

&

they be fo termed of their Form, becaufc they be open with the Seal affixed, ready to be mewed for Confirmation of the Authority given by them. Common Pcrfons may grant Letters Patent, F. N- B. f. 35. but they arc rather called Patentes than Letters Patents. Lettert Patents to make Denizens. 32 H. 6. 16. yet, for Difference fake, thofc granted by the King are called Lettert Patent RoyLetters Patent conclude with al. 2 H. 6. 10. Tefie me ipfo, Charters with Hits tejlibus. 2 par. Injl. 78. They are fomctimes called alfo Letters Overt.
7.

And

Monaft. 1 Tom. p. 768. And ib it feems to be ufed in a Charter of William the Conqueror to BattleConcede etiam eidem EcJeft*. Leucatain cirAbbey. cumquaque adjacentem itberam Sf quietam de omni geldo

Du

Cangc.

HcuellUfl,

A Level, even or upon the Level. Anno 1240. venerunt Abbas S. Petri de
Baffet de Pithejle de Pithejle

quod diffum fiagnum humiliabitur per Lcvellum Jicut caterum pratum ex non exeat de ita En Tefmoignance de quel cbofe nous avont fait faire utraque parte quod aqua Pat. 23 Edw. 3. p. 2. cxnali pro exaltatione didi fiagni nifi pre nimia Inunnoz Letters Overtez. ceftes Cartnlar. Abbatix S. Petri de m. 24. Lettert Patent of Summons of Debt. Anno datione cretin*. Burgo Swafham ditum. MS. f. 408.
cefferunt

&c

Burgo Radulphui de dandum jtagnum molendini

&* providerunt

ad emen<\>-

I
i

JLebp

LI
3Lebr, (Levare) Signifies,
as,

L
To
up
;

To

levy

Money: And
up
;

erect or fet 1 80. Alfo,

To

Old Nat. Br. fol. 110. And, To levy a which is now the ufual Term. But I have Fine, feen a Deed, wherein William St. George Efquire covenants to rere a Fine of the Manors of Brandon
Ditch.

gather or exact; is, when an Epigram or other Writing is ompofomctimes ufed, To fed or publifh'd to another's Difgrace, which may Kitchin, fol. be done Verbis aut Cantilena : As where this is maas, To levy a Mill. raife or caft as, To levy a licioufly repeated or fung in the Pretence of
is

or elfe Traditione, when the Libel, or any it is delivered over to fcandalize the Party. Famofus Libcllus fine fcriptis'm&y be twofold; 1. PiHuris, as to paint the Party in a
others
;

Copy of

and Wych-hampton. Eat. 1 7 Hen. 6. JUUrf. The fame with Leuca. 'Tis the Jlf r Is often taken for Judicium Dei. fame as Lada amongft the Saxons, which is cither a canonical or vulgar Purgation. In Leg. H. 6z. Ab Adventu Domini ufque ad oliavas Epicap.

fhameful and ignominious Manner. Or, 2. Sigxis, As to fix a Gallows, or other ignominious Signs at the Door of the Party, or elfewhere. Co. J
Rep. defamofis Libellis
ILllicDo ijabrnno.

Sec Copia Libelli habenda. libera, A Livery or Delivery of fo much non efl tempus Leges faciendi. Grafs or Corn to a phan'u, Cuftomary Tenant, who cuts One who a iLejramiaa, or legem amirtere, #* |(loWn or prepares the f j d Grafs or Corn and Pcrfon. rcce i V es fomc Part or fmaU is an infamous, perjured, or outlawed Portion of it as a Rein Braihn, lib. 4. cap. 19. par. 2. Non eft ultenus ward or Gratuity. Debet unam Wedbcdripam. &> unam falcaturam, habebit liberam ad dignus Lege. or legem Sfrifeem, h to do a v erai VocatMr Glenyni,, y tantum fiut falcator apoffata, J Tis mentioned in Leg. alcem levare g, contrary to Law. re dom
i

m
1.

&

Thing
H.

cap. 12.

Qui Legem Apoftatabit wer* fu*.

a

foteJl fer
.

fit

reus prima vice.

t*l ffidfhonia. The Brehon Law, was

Law

the Livgry q{ Hjjy and Q .^ Antiq pag# 40I> or the Giving out fuch a Quantity for feed u lt
>

p ar<Jch

pc- Horfcs-

VVhence Livery-Stable", &c.

La Jfcnled

inftead thereof.

Plac. in Itin. apud Ceftriam, 14 Hen. 7. . Bretoyfe. libera CliafPff [)a*enba Is a Writ Judicial, Irr eraifnia, re&im JgiersifTns, Is the Prool granted to a Man for a Free Chafe belonging to ofTThln^whichoneleniertobedoncby him, his Manor alter he has by a Jury proved it to and his Adverfary affirms it ; defeating and conof his Advcrfary, and belong to him. Regifter of Writs Judicial, fol. 26, founding the Aftertion Rcaibn or and 37. fhewing it to be without and againft liberate Is a Writ iffuing out of the Chance. membrum eft Normannici, quod Probability. Juris ry, to the Treafurer, Chamberlains, or Barons in prifco ejufdem Cuftumario, cap. 126. fie definitur. of the Exchequer, or Clerk of the Hamper, &>c . Dcraifma aatem eft Lex qusdam in Normanni-a con for the Payment of any annual Penfion, or other in (implicibus querelii infccutits, ftituta. Per quam Sums granted under the Great Seal. See Broke, factum quod a parte adverfa ei objicitur, fe non /& Tit. Tayle d Exchequer, num. 4. Vide plura ibidem 8c Dereyn. Reg. Orig. fol. 195. declarat. Or fometimes to the Sheriff, &V. Nat. Brev. ler '=fiUMciatl0 Is properly Fureatio per Judifol. For the Delivery of any Lands or Goods cium Ferri. Sometimes 'tis called Judicium. Leg. 132. taken upon Forfeits of Recognifancc, fee Co. lib'. H. 1. cap. 9, 45. 49It lies alfo to 4. fol. 64, 66, ($7. FuUwood's Cafe. S.ei" a>ai'raiuencali!?, 1. e. ~Burgr.no per SacraH. 1. cap. 9. Si quid bello vel Lege a Gaoler, for the Delivery of a Prifoner, that mentmi. Leg. hath put in Bail for his Appearance. Lamb. EireSacramentali, &PC. repetatur. narch. lib. 3. cap. 1. i.(V STertse, i. e. The Law and Cuftom of the

Tl-^

etO.fr,

The

the

Marches of

W,

See Brehn. Law of the Trains, or See Lex Mar.hiarnm.

"H8 ^ A*ab m mbam 1 &> 7* g &> didem of" ?<"*"* *fr" fupra Etonam, "J * cum
I

&

'

Land,
tam,

diftinguifhed. by

this

Name

from Lege

Civili, as

Mr.

Selden

tells

cap. 9. par. 3. *.ec B&aBenfi'cs, The Wales. Statut. WallU.

by a frequent and fo is it ufed

Here 'tis mentioned as a Provision for a King; but in Brompton 'tis faid : Et dedit in Domefday. unicuique vadi'a Liberationem ab iUo die ufque ad trox'mum Whether in the Beginning or fua iity, lee, la)' 5 prox.mum End of Names of Places, fignify an open Field, \pafcha fequent' : From whence we derive the Word or large Paftures. From the Saxon Leag, Cam Livery. ^Libera SUara. See Wara as Blechingley, &c. pus, Fafuum; KUherrsar ctfefiaffica. This is a moft (Anno 1 Car. 1. cap. 3.) Wager of itepaager, frequent Phrafe in our old Writers, to Law. See Law. fignify Church LiBibentes unum berty, or Ecclefiaftical Immunities. Inftead of Libamen. ILibflntllUtri, The RiVht Libaninum in fpoliationem captivariiorum. Knigh- of Invejliture extorted from our Kings by Force of Papal Power, was at firft the ton, Anno 1270. only Thing Hibel, Libellus, Literally fignifieth a little challenged by the Clergy, as their Libertas RBook, but by Uie it is the original Declaration clefiaftica : But by Degrees, under weak Princes of any Action in the Civil Law, 2 H. 5. 3. and and prevailing Faftions, under the Title of Church 2 E. 6. 13. It fignifies alfo, a criminous Report of Liberty, they contended for a Freedom of their any Man caft abroad, or otherwifc unlawfully Perfons and Poffeffions from all Secular Power then called Famofus Libellus : And and Jurifdiflion, as appears publifh'd, and by the Canons and this is either in fcriptis, aut fine fcriptis: In fcriptis Decrees of the Councils held by Boniface Archbi-

1U'J\ Lex.

See Law.

yearly, or at any fet Times in the Year, given by the Lord to his Door Law of mefticks. Cum Rex ScotU ad Curiam Regis Ane.li* Britijh Law, venerit, habebit quotidie de Liberationc 30 Sols, & 12 alfo term Pafture Waftellos dominicos, 6> 12 Simenellos &c.
is

us in Dijfertation. ad Fle- Drink,

*'. e. ifiJbcratlO, or. Clothes,

Whatever

Money,

Meat,

We

Name

dominhos,

in feveral Countries,

Leys,

&

fhop

LI
(hop of Canterbury, at Merton, A. D. London, A. D. I 260. >V.
1

LI
2 $8.

and at

CibtTfate fMObatlDfl Is a Writ that lay for fuch as were challenged for Slaves, and otfcr'd to to the Sheriff, prove thcmfclves free, directed that he take Security of them for the proving of their Freedom before the Juftices of Aflifc, and in the mean Time they be quiet provide that from the Vexation of thofc that challenge them. nifics a Farthing, fo quadrantata is the fourth F. N. B. fol. 77. Villcnagc, and the Appendixes Part of an Acre, oblata is half, and denariata is a

much Land as i yearly worth xx s. For in Henry the Third's Time, he that had quindecim libras terra, was to receive the Order of Knighthood. Sec Fardingdeal. Some arc of Opinion, that as Money is divided into Pounds, Shillings, Pence, Halfpence and i-arthings, the fame Degrees are to be obfervci 111 the Divifion of Lands ; and therefore as quadrant fig
terra
;

with us

it

it

to

thereof, viz. Infranchifcmcnt, &>c. Writs de Na- whole Acre, folidata is Twelve Acres, and librata tivo habendo, Libertate probanda, &V. were of old is Twenty Times Twelve Acres, '. e. Two hunin the Books, but now antiquated. dred and forty. Spelman is of another Op nion, great Titles who compares an Acre to a Mark in Money ; See Native habendo. kibertrttibua alloranr-io' Is a Writ that lies and as in one there arc One hundred and fixty for aCitixen, or Burgefs of any City or Borough, Pence, fo in the other there arc One hundred that contrary to the Liberties of the City or Town and fixty Perches, which they divide into Halfs
is, is impleaded before the King's Juor Juftices Errant, or Juftice of the rorcft, Qpc. to have his Privilege allowed. Reg. Orig. fol. 262. F. N. B. fol. 229.

whereof he
ftices,

and Quarters hundred and

So

that an

Acre contains Three

year-

fixty Denarios ; but fbme fay, that Librata terra is fo much Ground as is worth

JLibrrrarihUH

Wgenbte

in

"7tmere_

Is a

Writ

ly 20*. of current Money. Liburna. See Galea.

Licence to ariff, Licentia furgendi, Is a Liberwhereby the King willcth the Juftices in Eyre for the Defence of ty given by the Court to a Tenant that is eflointo admit of aji Attorney For the Law another Man's Liberty- before them. Reg. Orig. cd de malo letli, in a real Action is, that in this Cafe he may not arifc out of his fol. 19. Compertum per Jur. Bed, or at leaft go out of his Chamber, until he JLl'HT tatirU'j A free Bull. Will, de Lofa fuit feifttus de libero Tauro ha- have been viewed by Knights thereto appointed, quod Ideo confideratum and have a Day alfigncd him to appear And the bendo in Hamjled, cPc. ejl, damn a fua, qua taxantur Rcafon of this is, that it may appear whether he quod prxdiilm yV. recuperet
,
: 1

ad ivs. pro impanatione ejufdem Tauri, &>c. Norf. 16 Edw. I. HtbEifr, Libertai, Is a Privilege held by Grant of Prefcription, whereby Men enjoy I" fome Benefit or Favour beyond the ordinary SubLiberties Royal, what they be, fee in Brail, eft. Sec Franchife. lib. 2. cap. 5. and Broke hoc titulo. JUberUin ^rrh.i^lUlll. Sec Herbagittm. L-lblatUtn, I'ke Manner of bewitching any one ; or fometimes 'tis taken for a barbarous Sacrifice. De<revimus etiam de firtilegis &P Liblacis
per fur.

caufed himfelf to be cfloined deceitfully or not and therefore if the Demandant can prove that he was fcen abroad before the View, or Licence of the Court, he flull be adjudged to be deceitOf fully eflbined, and to have made Default. this, fee BraHon, lib. 5. traH. 2. cap. 7, 10 &> 12, and Fleta, lib. 6. cap. 10. and Home's Mirrour of Ju;

Jlices,

lib. 2.

cap. des Effoynes.

L'uentia eligendi, Licence to BO tO eiutlOfl. Regift. fol. 294. See Conge d'EJlre. Cicentia w-onco^Dautw, 12 Car. 2. 12. Sec

&> fortem dantibus. Leg. Athclftan. 6. So qui falfum jurabit, vel Liblacum faciet,fit in aternum e conLeg. Edmundi edit, apud fortio Dei fcgregatus. Lond. 6. 5(Uu x a'fx penfafx * at) numerum : A Phrafe which often occurs in the Dome/day- Regijler and ibmc other Memorials of that and the next Age. As Ailesbury in Buckinghamfiire, the King's Manor. in totis valentiii reddit Lvi libr. arfas penX libr. ad numerum, ;. e. in fatas, Of de Tbelomo the whole Value it pays Fifty-fix Pounds burnt and weighed ; and for Toll Ten Pounds by Tale, r-or they fometimes took their Money ad numerum by Talc in the current Coin upon content But fometimes they rcjcGed the common Coin by Tile, and would melt it down to take it by Weight when purified from the Drofs and too

King's Silver.

Licentia
to rife.

Tenant eflbined

furaenbt Is the Writ whereby the de malo leHi, obtaineth Liberty

&

Licentia transfretansi Is a Writ or Warrant direQcd to the Keepers of the Port at Dover, &>c. willing them to let fome pafs quietly beyond Soa, who have formerly obtained the King's Licence
thereunto. Reg. Or/?, fol. 195. &lCina Inftcad of Bu. cina : Tubis cum licinis perJtrepeutibus.

Matt. Weftm.

Libi020 Lain Is a proverbial Speech, intending as much as to hang Men firit, and jud^e

them
fiire,

after.
I

The

like

is

faid

of Halifax

in Tork-

fuppofe becaufe

their

Proceedings arc

lummary. Lie.erenanf or Lieutenant, Locumtenens, Is had in compounded of lieu, locus &* tenir, tenere, and figfor which Purpofe they great Allay thsfe Times alway a Fire ready in the Exche- nifies him that occupieth the King's, or any othen weigh it. ther Pcrfon's Place, or rcprefenteth his Perfon, quer to burn the Money, and So alfo it as the Lieutenant of Ireland, 4 H. 4. 6. Lib:.i U>'"!jfrt, A Pound of Money in Weight for it was ufual in former Days, not only to tell is ufed 2 c> 5 E. 6. cap. 2. whence that Officer
; ;

the

Money, but to weigh it; for fcvcral Cities, items to take his Beginning. had their Mints and Liet'etenant of the iiD^onancf, 59 EUz. cap. 7. Bifhops, unci Noblemen, coined Money, and often very bad, and there- We ufe the Word Lieutenant alfo tor a military fore though the Pound confifted of 20 s. they Officer, next in Command to the Captain, whole weighed if. Thus in Dome/day, we read, reddit Place and Duty is fo well known, that I need not nunc 50 libras arfas penfatas. Gale'* Hift. of here enlarge upon it. from the Brit. fol. yb\. &tege, Ligeus, Is a Word borrowed

&

fi,it)2AU

rtrrx
15

Contains
Acres.

four Oxgangs,

and

Feudijls,

and hath

Two

feveral

every Oxgang

Skene^ vcrbo Bovata

the

Common Law,

fometimes being

Significations in ufed for

Liege

L
as 34 Liege Lord,
3.
1 1

I
8. cap. I.

LJ
and 25 H2. 1.

35 H.

and fometimcs
R.
2. cap. 1
.

for Liege man, as 10 .R. Liege Lord is he that

ana
d,

acknow

out of the Ligeance of the King : with Ligeany. Sec Co. on Lit- fol. Calvin's Cafe.
*

Alfo the fame

1

29.

and

Rep.

Duaremus in Commentar. feudomm, cap. 4 num. 3. Liegeman is he that oweth Allegiance to his Liege Lord. Skene dc
ledgeth no Superior.
confuetud.

thus defined in the lUgeancp, Ligeantia, Grand Cufiumary of Normandy, cap. 13. Ligeantia ex qua Domino tenentur Vajfalli fui contra omnes efi,
Is

verba Signif. verb. Ligeantia, faith, That it is deor rived from the Italian Liga, a Bond : read more of this Matter. In

homines qui mori poffunt

bere
covftlii

&

Word

&>

auxilii

juvamentum,

vivere, proprii corporis prxei fe in omni-

&

Obligation See 8 H. 6.
perfect.

whom

cap.

10.

14 H.

8. cap. 2.

The Word
As
Ifabel

for pure, full, or Ligius was ufed

viduitas ligia

was pure Widowhood.

in ligia viduitatc

Duty Allegiance, and divers other which every good Subjeft owes to his Liege-Lord their the King. Statutes: Yet anciently private Perfons had Sovereigne Lord, I Henry Percy become your SubDei gratia Abbas Ramefiit, Prapofito 8p gette and Liege Man, and promit to God and you, Reinaldus that hereafter I Faith and Trouth omnibus vicinis Francis hominibus de Brancefire, pal/ bear to you, as Sciatis me dediffe terram Wf in De- to my Sovereign Liege Lord, and to your Heirs, Anglis, falutem. uxori ejus Kings of England, of life and limme, and huic Bofelino of erthly pedene, (hodic Depedale) ita bene ficut homines de Brancefire ilium tefti- worjbippe, for to live and die ayeinfi all erthly People, Alfnia, ea conditione quod effeHifunt bo- and to You, and to Your Commandments I fiiali be ficant verum habuiffe, obeyfant, as God me help, and his Holy EvaneeliHs. mines Liges. Lib. Rames. Seft. 244. oa. 9 Edw. 4. Clauf. 9 Edw. 4. m. Omnibus, &c. Reginaldus Rex Infularum falutem. 27 13. in See Lieges. deveni homo ligeus Domini Regis AnglU dorfo. Sciatis quod omnes mortales quamdiu vixero, &iqf)Cera0en, (22 &> 23 Car. 2. AB for cleanJohannis contra facramentum prsfiiti. Et in hu- fing, &c. the Streets of London) Are thofe that carinde ei fidelitatem T. ry away, by Water, Dung and Rubbifli in ius ret tefiimonium ham cartam meam inde feci. the City of London. Domino b. Wint. Epifcopo. MS. penes Wil. Dugdale Lighters, from JLignagium, The Right which one hath to cut See Ligeancy. Some are of Opinion that they Ar. Fuel in the Woods Sometimes 'tis taken for that are called Lieges from Ligando. Tribute or Payment which is due for Cuttinc 6 Wood.
Hen.
6. cap. 10.

(Ligati), The King JLtegefi fo called, becaufe they owe Subjects, anciently and are bound to pay Allegiance to him. Anno 8

6. cap. 2. and feveral others. It feems to be deriSo ved from the Ital. Liga, a League or Bond ; VinAntiq. p. 190. free and abfolute Power of Dif- culum arclius inter fubditum Qp Regem utrofque inviLigia pote/lai was Ela de Aldithleia in Libera v'tdtti- cem conneBens; hunc ad proteclionem rj> jufium regiEgo pofol debitam fubjecl ionem ; and is men, illos ad tributa tate mea p Ligia potcftate. ib. p. 280. ;

Gargat flia mea Paroch. Libera potejlate fua.

&

bus innotuis exhibere, nee ei adverfantium partem in aliquo confovere, &>c. This is othcrwife called Legietas. Caffan. dc confuetud Burgund. pag. 420, 421. This Word is often ufed in our Statutes, as 14 H.

&

and iliege>eople,

fuch a Duty or Fealty, as no Man may owe or bear to more than one Lord ; and therefore it is moft commonly ufed for that and

14 Hen.

8.

cap. 2.

&

&

&

&

&

Cum

3Ugnamina : Timber fit for Building : Et nunc But others more probably derive it from Litis, efi via qua traducuntur Lignamina gP Lapides ad opus which is a Man wholly at the Service of the Lord, confiruHionis Monafierii, &pc. Du Change. *.igul, A Copy, Exemplification, or Tranwhofe Service is called Litgium fervitium, and Adam de Statwho had fuch an abfolute Dependance on him, fcript of a Court-Roll or Deed ion gj WiUielmus Filius that he was his Vaflal, fo that Litgius or Ligius Nigelii tunc Camerarii de Scaccario liberarunt Johanni de Bcrcwic ad is one wholly under his Power. This appears opus Juwhere the Word is ufed on other Occasions, viz.. fiiciariorum Domini Regis itinerantium in Com. Cornub. tutela Regis ligea de- fub figiilo ThefaurarU unam Ligulam de ultimo itinere Leg. Edw. cap. 29. fudsi fub G. de Berton, &c. Mem. in Scaccar. 12 E. 1. bent effe, that is, wholly under the King's ProSo in the Monafiic. 2 Tom. pag. 10. Ego By Sir John Maynard. tection uxor W. Brett in ligia potefiate &> iUgurtrn?, a Flatterer. Liguritcres mendaces, Juliana quondam that is, in my abfolute Power and Wi- rapaces, Dei gravamen habeant. Leg. Canut. 29. Mr. miduitate,
:

foret

Anglcrum

feodali jure ligati.

dowhood.

Somner is of Opinion that it fignifies a Glutton from the Saxon Liccera, i. e. Gulcfus. Sce Lieftenant. ^lieutenant limitation Of jtflTlfe, Limitatio Afiif*, Is a cerflietttenant Of tlie 3Cotoer Seems to have been tain Time fet down by an Officer under the Conftable. Statute, wherein a Man mulfta adulteriorum. Fleta, lib. 1. mull alledge himfclf, or his Anceftor, to have JLetrtt<it eft It is ufed for a Liberty, whereby a Lord been feized of Lands, fued for by a Writ of Afcap. 7. of one that lieth unlaw- file. See the Statute of Merton, cm. 8. Anno 20 challengeth the Penalty with his Bond-woman. See Legrwita and H. 3. and Wefim. 1. cap.' 38. 32 8. 2. 1 M.

fully

Lotherwit.

1.

Far.

cap. 5.

Tlieohal's

So it is Is a Rent or Exhibition, which a cap. 2. receives either for Term of Life, or for Su- thefe Words, The Writ De confuetudinibus &> fervitiis Nota quod Efhaeta terrarum fe- lieth, where I, or mine Anceftors, after the Li ftentation of Life.

%UtcXCnt

Man
vente

Dhefi of Writs, lib. 10. ufed in Old Nat. Brev. fol. 77. in

lonis

annum diem, (viz. his Life-rent) ipfo vi- mitation of Affife were not fcifed ol the Cuftoms, mobilia. inter" bona Skentus ad fe>c. But before the Limitation of computatur Affife, we were 18. verf. 5. feized, Qpc. Qiion. Attach, cap. llimogia; This is a Word which we often read Higcantf , Ligeantia, Is a true and faithful Obedience of theSubjeft to his Sovereign ; fometimcs in the Monafiicum, and it fignifies Enamelled; the Dominions or Territory of the Opus de Limogia, is enamelled Work, una crux de it fignifies Stat. 2. Children born opere Rmocetio, &c. Monaft. 3 Tom. 331. Liege Lord, as 25 E. 3.
pofl

&

linarium,

LI
plat.

TUutTP, Liberatura, Is derived from the French Htnarilim, A Place where Flax is fown, a FlaxE* Mefjuagium quod ejl juxta cttmetermm, cum Livre, that is, injigne, geftamen, or clle from L. id eft, tradere, and Linario, quod jacet juxta pradiilum Mejfuagium. verer, accordingly ha:n ThroIn one it is ufed for a Suit of Significationj. Pat. 22 Hen. 4. Par. 1. m. 33. kinoetfrrn Is a Place often mentioned in our Cloth or Stuff that a Gentleman givcth in Coats, Hiftories, being formerly a Bifljop's Sec, now CloaJcs, Hats or Gowns, with Cognifance or without, to, his Servants or Followers and is Holy lfiand. mentioned in R. 2. 7. 20 R. 2. 1, 2. 7 11. 4. 14. iUnDum, Linccln. A Linpin or Linfpin, the Pin of Iron 8 E. 4. 2. 13 E. 4. 3. 8 H. 6. 4 3 H. 7. 1. 12. KLiniP, In due- 11 H. 7. 7. 19 H. 7. 14. 3 Car. 1. In the fallens the Wheel upon the Axis which cap. 4. bus paribus rotarum Empt. vi s. in eiflem ferro Li- other Signification, it betokened a Delivery of 111 s. 8 d. in roxibus &P Linionibus 14 Pofleflion to thofe Tenants which held of the gar.dis for the King, 3en. Conflict udinarium domus de Faren- King,in C-'pite, or Knights-Service don. MS. by his Prerogative, hath primer Seijin of all Lands ?Litn. , (from the Fr. Litiere, al. LiBiert; and and Tenements fo holden of him. Sta-.ndf. Prin the third Signifithat from Letlum, a Bed,! Was anciently ufed for rog. fol. 12. S* rap. 3. Livery, Finem fe- cation, is the Writ which lies for the Heir, to Straw for a Bed, even the King's Bed obtain the Pofleflion or Seifin of his Land at the certint cum Rege pro terr'u quas diclus Petrus Unuit
; \
;

King's Hands, which fee in F. N. B. fol. 155. Rut by the Statute 11 Car. 2. cap. 24. All Ward/hips, Liveries, &Pc. arc utterly taken away, and abfolutcly difcharged. Formerly great Men gave Liveries to feverul who were not of their Family or Servants, to engage them in their Quarrels for that Year: This was prohibited by the Statute b. Angl. * par. fol. 3;. JUNratUra, Literature; In old Engl ifh, Ad Li- 1 Hen. 4. viz. That no Man of whatfoever Conteraturam ponere, to put out Children to School. dition, mould give any Livery but to his DomeWhich Liberty without Confent of the Lord, was fticks, to his Officers, or to his Counfel learned denied to thofc Parents, who were fervile Te- in either Law'. nants. So in the Lands at Burcejler, which were *Uuerp Of iLatlD. See Vadlat. SllUerv Of ftftfin, (Deliberatio Seipna) Is a Deheld in Villenage from the Priorefs at Merktate. non debet filium fuum ad Li- livery of Pofleflion of Lands, Tenements, or oQuilibet cuflumarius tcraturam ponere, neq; filiam fuam maritare [me li- ther corporeal Thing, (for, of Things incorporeal eerttia a voluntate Prior.-ffa. ParocJi. Antiq. p. 401. no Lhrry of Seijin may be) to one that has Right, This Julian-like Prohibition of Educating Sons to or a Probability of Right thereunto. For, (as this Reafon, for fear the Bracfon 8. num. fays, //'*. 2. cap. 3 ) Traditio debit Learning, was owing to Son being bred to Letters, might enter into Reli- effe vefiita, &> non nuda. It is a Ceremony ufed in and lb ftop or divert the Conveyance of Lands or Tenements, where an gion or facred Orders, Services which he might otherwife do, as Heir or Eftate in Fcc-fimple, Fee tail, or a Freehold And it is a Teftimonial of the willing Siicceflbr to his Father. pafleth VVe meet with this Word in the Departure of him, who makes the TLltftfltU?. Livery from Tom. pag. 320. viz. Cafula de fameto the Thing whereof Livery is made. A^d the ReMonajlic. 3 cum pelfcrali literato, ceiving of the Livery, is a willing Acceptance purpureo aliauantum janguineo by the- .other Party of all that whereof the other mftead of Lijlata, i. e. bordered round or lifted. JUtcrx so fanenotim aftev'natum p:o fata fa- hath devefted himfelf. The common Manner of If it be in the CtPnDa. Reg. Orig. fol. 172. Litera de annua pen- Delivery of Seijin, is thus open Ibid. fol. z66.\c 307. Litera patens ad fa- Field, where is no Houfe nor Building, and if Jtone, ciendum generalem attornatum quia infimus, Ibid. fol. the Eftate pafs by Deed, one openly reads it, or Zt. Litera per quam Dominus remittit curiam fuam declares the Efteft of it, and after that h fealcd, Litera de requefu, Ibid. fol. 129. the Vendor takes it in his Hands, with a Clod of Regi, Ibid. fol. 4. Litera Canonici ad exercendam jurifd Bionem bo fuo, Earth upon a Twig or Bough, which he delivers Ibid. 305. Litera Patentes ad conferendum Beneficia, to the Vendee, in the Name of Pofleflion or Sei Domino in remotis agente, Ibid. fol. 20 J, 206. Litera fin, according to the EtfeS of the Deed But if Regia depre.atoria pro annua penpone, Ibid. fol. 307. there be a Houfe or Building upon the Land then this is to be done at the Door of it, (none See thefe in their proper Places. ILitfta fOilltn?'z Were magical Chara&crs, being left at that Time within the Houfe) and and Efficacy, that the Ring of the Door delivered to the luppofed to be of fuch Force Vendee, who enters alone, fhuti the Door, and prefcntlv it was impoffible to bind thofe Men who carried them: Comes qui eum teneb'at m'trari ct[it cuare opens it again. If it be a Houfe without Land an vero literas folutorias, de qui- or Ground, the Livery is made, and Pofleflion taligari von pojfet, bus fabula fuerunt, apud ft haberet. Bede, lib. 4. ken by Delivery of the Ring of the Door and Deed only. And where it is without Deed, eicap. 22. Tilth Of plirfcmnn. In the County of York, i. e. ther of Lands or Tenements, there the Party deThe Liberty, or a Member of Puckering, from the clares by Word of Mouth, before Witneflcs, the
per Serjantiam
bergello per
|

hveniendi unum fervientem cum Ham4c dies in Anglia, &P inveniendi Literam ad Letum Regis, fcenum ad Palfridttm Regis quan&V. Fines Tarun. Hill. dojacuerit apud Brokenerjl, Tres CaraQatas Liters, in Com. Wilts. 1 Ed. a. for three Cart-loads of Straw or Litter. Mon.

Sax. Lid.

i.

e.

Mcmbrum.

As Tres CareBas Litter*, Three Cart- Pofleflion in Manner aforefiud loads of Straw or Litter. Mon. Ang. x. par. fol. or Tenement pafleth as well
ILif rrra.
33.

Eftate he parts with, and then delivers Seijin or : And fo the Land

Days

as by Deed, and that by Forec of the Livery of Seijin. See Wejl. JLitftfbo?ouoh upon IPrrnf. Sec Agehrum. Symbol, part. I. lib. l. feet. 196. and Coke on Littl. There was anciently a Pair of Gloves, TLttflrtntl Was a famous Lawyer living in the jol. 48. a. of King Edward the Fourth, as appcareth a Ring, Knife, Ear of Wheat, &>c. delivered in

by Staundf. Prar. cap. a 1. fol. Book of great Account, called

72.

He wrote

a Sign or
pern, per

Littleton's Tenures.

Token of Livery and Seijin. quam donatiounum cultellum fuper Altare SanBie Maria
o}tuli,[

optuli, aflante

&c. Charta Rob. Comitis fuit per Juratores quod Prior de Tynemuth levavit unam villam fuper ripam aqua, & Tyne apud An. 1141. Nottinghamiae, Anno Sholes ex una parte aqua, Prior DunelmU levavit JLobbf, A great Kind of North-Sea Fifli.
Priore,

&

a Place : For Exam- poffent Hofpitari. and annexed to the FreeILoguiooO, Othcrwife called Blockwood, brought ple. hold. Kitchin, fol. 180. And again, in the lame from Campeche, and divers other remote Parts, is and prohibited by the Statute of 23 22//*. cap. 9. Place, an ASion of Trefpafs for Battery, &Y. not local, that is, not needful that the and 39 Eliz.. cap. 11. but fince by 14 Car. 2. tranfitory, Place of the Battery fliould be fet down as mate- cap. 11, the Importation and Ule of it is alrial in the Declaration, or if it be fet down, that lowed. ioidi or iLoPflj :ffi0j. (31 Edw. 3. Stat. 3. the Defendant mould traverfe it, by faying, he did not commit the Battery in the Place men- cap. 2.) And that no Fijb called Loych Fifh, be chotioned in the Declaration, and fo avoid the Ac- fen or tried, but only in three Parts, that is to fay,

Stat. 3. cap. 2. JLOcal, Localis, Signifieth much as tied or annexed to

31 E.

3.

aliam ex altera parte aqua, ubi nulla

in a

villa deberet

legal Senfe as

effe,

nifi

tantummodo

Logges

quibus Pifcatorei Placit. Pari. i!J E. 1.

de

The Thing

is

heal,

Nation, according to Stow in his Annals, They are mentioned Anno zHen. 5. cap. 7. Againft thele Lollards, much was decreed by Tho. the IJle of Man, pag. 26. Arundel, Archbifliop of Canterbury, in a Council King's Defcription of at Oxford. See their Tenets in Spot/wood's JLOiUlllS Is a Word mentioned in Simeon DuHifiory The High Sheriff of every nelm. cap. 6. 10. and it fignifics a Coffin, cujus of Scotland, fol. 61. in loculo plumbeo tranjlatum eft. County was anciently bound by his Oath to fupcorpus them. JLOiUS ^(irtltUB Signifies a Divifion made be- prefs tween two Towns or Counties to make Trial, in Youjhall (fays the Oath) do all your Pain whether the Land or Place in quellion lies. Fleta, and Diligence to deftroy, and make to ceafe, all Manner of lib. 4. cap. 15. num. 1. Herefy and Errors, commonly called Lollardics, A Locutory or Parlour. The within your Bailiwick, from Time to Time with all JLorutOJium, had din'd in their common your Power, &c. Religious after they The Intent of thele Lollards was, to fubvert the a withdrawing Room, where Rcfeiory, had met for Difcourfe and Converfation, which Chriftian Faith, the Law of God, the Church, they Room for that fociable Ufc, they called Locu- and the Realm ; fo faid the Statute of 2 Ren. 5. torium a Loquendo, and Parlour a Fr. Parler. They cap. 7. which was repealed 1 Edw. 6. cap. 1 2. See had another Room which was called Locutorium 3 Inft. fol. 41. and Cawdrie's Cafe. Edw. Coke's where they might talk with Lay-Men. Cafe, 1 par. fol. 25, &c. The Lord Keeper af forinfecum, Interim ribaldi cum inftrumentis claufum ingredientes fembled all the Juftices, and conceived that de locutorio forinfeco Lapides molares levaverunt, Claufe in the Oath, touching fuppreffing Lollardies, fliould be omitted, becaufe appointed by StaWalfingham,p.2 57iloOtmanaaF Is the Hire or a Pilot tor con- tutes that are repealed. This is now held for Place to another. the true Religion. ducing a Veflcl from one
in this
f.

the Place is not local, again, fol. 230. not material to be fet down in certain. The Guard of the Perfcn, and of the Land differ in this, becaufe the Perfon being tranfitory, the Lord may have his Ravifhment de gard, before he be (eifed of him, but not fo of the Land, becaufe it is local. Perkins Grants, 30. 3l0rtmuin. In the IJle of Man, the Lockman is an Officer to execute the Orders of the Governor or Dccmftcrs, much like our Under-Shcriff. See
tion.

And

that

is,

Lob, Ling and Cod. iLoHarOB, (fo called from Walter Lollard, a German, firft Author of this Seft, living about the Year 131 5.) Were certain Hereticks (at leaft in the Opinion of thofe Times) that abounded here in England in the Days of Edward the Third, and Henry the Fifth, whereof Wickliff was the Chief
425.

JloDemereCte. Item en droit de Lodemeregc dient avantditz Jttrez, que leur femlle e'eft cafe, Us ne ne remedy, mats que ce foit fcayvent meilleut adv'tfe maner queft conteyne en le Ley defore itfer fait per D'Olcron. Pryn'* Animadv. on 4 Inft. fol. 116. it to be the Skill or Art of NaChaucer
les

ilollarny and
cap. 6.)

iloHerp,

Mar.

The Do&rine and Opinion of

miles pro Proditione

(Aw

&>

2 Phil.

&

the

Lollards.

&

Rogcrus Afion

&>

Lollardia difirahatur & fufpendatur, &=

fits

fie fufpen-

pendeat
1

expounds

Hill.

ad volunfatem Regis. Middlefex Plac. Hen. 5. Rot. 7. & Trin. 2 Hen. 5.

vigation.

Rot.

6.

lLOues>hip, tioned 3 1 Edw.

iLOOEstiiC^ks,

A Kind
3. cap. 2.

of Fifliing-Vcflcl, men-

courfe)

(from the Sax. Lada, a VVatcrthe Works belonging to the Stannaries in Cornwal ; for which, fee Stream-works. mentioned 33 lLOpting, An unlawful Game, Hen. 1. tap. 9. Now difufed.

iloilDOn, formerly called Augufta. ilcngfDu^ Is a Word ufed in Thorn's Chronicle, and it fignifies Speciem firaguli, it fliould be read
gelli,

One of

Londelli augeantur 29 ftraguU, dPc. /'. e. five Coverlets.

5 coopertoria,

5 lon-

JlOt\UCla.

Petronilla de S. debet

xx

s.

pro habenda

loquela in curia Domini Regis contra W. de FauCirca Ab- conbridg. Rot. Pipa. 2. Johannis Line. An ImA Lodge or Lodgment iLogta, batiam caflra metati funt, ficut gentes tentoria fua, &> parlance. Loquela fine die a Refpite in Law, Si Lo CT ias Quo audito annali illi qui in or a Demur to an indefinite
fadentes-

Time.

Logiis jam quindecim dem Logias combufferunt,

dtebus Excubias fecerant, eaf-

vir tenens fuerit infra atatem,

&>

recefferunt

ad

propria.

cum
p.

implacitati fuerint,
propter

uxor plena utatis, non remanebit loquela fine

viri.

&

Hilt. Croyland Contin. p. 454. Logium, houfe or Hovel, ftill called a Lodge in Kent.
di

an Out- die
Ge-

minorem atatem

Paroch. Antiquit.

201.
llOqUEririUtn.
iLOf.0,

Sec Locutorium. {Domtnus, Sax. Hlaford, fignifying a tempus pofi Anno 137 1. Bread-giver, Bountiful or Hofpitablc) Is a Word non alibi in Logio quo operantur, Ebor. Hence Logges, Huts or Cottages for of Honour with us, and ufed diverfly. Sometimes Reg. Sort of People. Prafetitatum being attributed to thofe who are Noble by Birth
nentarii in opere fabrics Ecclejia Eboracenfis dormitannonum in aftate, dormiunt autem ha'bent

&

Lodging poorer 2

L O
or Creation, and urc othcrwife called Louis of the Parliament, and Peers of the Realm Sometimes to thofc Co called by the Ciirtei'y of England, as all the Sons of a Duke or Marquefs, and the cldcft Son of an Earl: Sometimes to Pcrfons Honourable by Office, as Lord Chief Juflice, &c. And fomctimes to an inferior Perfon that hath Pec, and confequently the Homage of Tenants within his Manor; for by his Tenants he is called Lord, and in fome Places, for Dirtin&ion-fakc, Landlord: In which lalt Signification, it is moft uicd in our Law-Books, where it is divided into Lord Paramount, and Lord Mefn. Lord Mefn is he that is Owner of a Manor, and by Virtue thereof hath Tenants holding of him in Pec, and by Copy of Court-Roll; and yet holds himfelf of a Superior Lord, called Lord Paramount, or above him. We likewife read of Very Old. Nat. Brev. fol. to. Lord and Very Tenant : Very Lord is he wha is im:

L U
atfu.
1161.

omnium

Lourcurdos 32. Gredelingos & bogajhos Augnos de anno primo 11 -6. fumma avium
per totum 6717. 54. .

Chartular. Glatton.
i.

MS.

f.

Incivilitas.)

AOtirkjUlarr, (Fr. Lourderie, In Statuto pro

c.

Inbumanitas,

Carting any corrupt Thing, or appoilbning the Water, is Lowrgulary and FeSome think it a Corruption of Burglary. lony. See Gloff. in X. Scriptores, verbo Burglaria.
iLoujDfller.ii,

Anno 1573- Art. 45.

firatii London,

Printed

his Crown, Ibid. fol. 5. and fol. 8. where is a Cafe iluminarf , A Lamp or Candle fet burning on wherein a private Man is Lord in Grofs, viz. A the Altar of any Church or Chapel, for the Man makes a Gift in Tail of all the Land he Maintenance of which. Lands and Rent-charges hath were frequently given to hath, to hold of him, and dieth; his Heir Religious Houfes, 'and Parifti-Churchcs. See Mr. Kennett't but a Seigniory in Grofs Gloflary to ...\miiM B, or LOfintttl, May well be deduced Parochial Antiquities. from the Latin Lorum : They arc one of the ComiLuntia, A Weight formerly ufed here. Lunda
j

23 Eliz. cap. 10. Are fuch as go a Bell, by the Sight whereof the Ground, become fomewhat are taken with a Net. This from the Word low, which in the Saxon, or old Englilh, fignifics a Flame of Fire. See the Antiquities of Warwickfbire , P a & 4ILoitfboff, A Recompencc for the Death of a mediate Lord to his Tenant; and Very Tenant, he Man killed in a Tumult, or, as we fay, by the that holds immediately of that Lord: So that if Mob. JLuDj tie ftege 1 begins, i. e. Playing at Cards, there be Lord Paramount, Lord Mefn, and Terant ; the Lard Paramount is not Very Lord to fo called, becaufc there are Kings and Queens in the Tenant. Broke, Tit. Hcriot, numb. 1. See! the Pack. Probibemus etiam Clericis ne interjint LuLaneemanni. |dis inhonejlis, &c. nee fit f meant ludos fieri de Rege Du Cange. in CTOffi , F. N. B. fo!. 3. Is he that is:& Rcgina, 8cc. of Lord, having no Manor, as the King in refpeft illlgouallum, Carlifle.

with Light and Birds fitting on ftupificd, and fo Name is derived

that panies of London

make

and fuch

like fmall Iron

/'

e. ^Lofingc, lunnjrfs, A Sterling or Eafterling, in a rcBrombton's Chronicle, pag. 991. Herbertus lofinga, (trained Scnfe, fignified nothing but a Silver Penthat is, Herbert the Sycophant, Epifcopatum, &c. my, which at firft was about three Times as heavy Godwin writing of the Bilhops as a Penny is now, and was once called a Lun Emit de Rege. of Norwich, mentions this Herbert; Surgit in Eccle- \drefs, becaufe ir was to be coined only at London, See Monatt. 2 Tom. and not at the Country Mints. fia Monflrum geuitore Lofinga. Vid.Lowndes'sTittzy pag. 218. upon Coins, p. 1 7. Is the Thirteenth Dim of Lead A Bawd or Strumpet. Rex majors ilOt, or teflj, Hupanatrtf, in the Serbyjhire Mines, which belongs to the & Vic. London Salut'. Quia intelleximus quod plures Ro-

Bits for Bridles, Spurs, anguillarum de 10 covflat 1 R. 2. 12. par. 7. cap. 11. # Flatterer : read it in

Ware.

fiicis.

Flcta, lib. 2. cap.

We

King, Pro Domino fuo. gemannis per 12 de Alto

Prjtfenlatum

tjl

in

Ra-

bert*.

&> Murdra perpetrantur

Wync
i.

fecit

quod Rad. de trices publicas Lupanatrices in dherfss locis in Civiquandam Purprefluram in fob Domini tate ncfira prtdiBa, &c. Clauf. 4 Ed. . p. 1. m.

per receptatores fip recepta-

Pccco,

Regis in Tatington & Prertclive, faciendo mineram le Lot mineris, plumbi, unde Rex folebat percipere
c.

16. dorfo.

oercre, To be outlawed, and have One's Head expos'd like a Wolf's, with a de quo Warranto de Itin. de Derbi. 9 Edw. 1, Reward to him that ffiall bring it in. Hugo Et de minerit lrt<rata in hnjufmodi opere in feodo Do- flius Waltcri Presbyteri utlegatus non comparuit, mini Regis, Dominus Rex habebit pro Domino fuo ter- unde dictum fuit quod ex quo Hugo noluit comparere

iUlpmum caput

Tertium decimum vas, &c.

Rot.

Ragcman

fo

Elchaet. ad pacem Regis, quod gercret Lupinum caput, tium decimum difcum, qui dicitur le Loth. fide Anno 16 Edw. 1. numb. 34. See Cope. Placita Corona 4. Job. Rot. 2. cut prius fecit. S ot. Clameo quietum eis in perpetuum in dorfo. Hot, See manerium ittud quod fe pro hida una defendebat, quielunulicetum, A Place where Hops grow, a tum dico t> liberum de Scotto Lotto, &> Geldo Hop-Gardcn. Co. 1 Infi. 4. b. See Purr. lUlferilffi. Danegeldo. Monaftic. Tom. t. pag. 779. In Scottis, &> Geldi; &> Danegeldi', iLotlicrlnitf , alias ILtvcrU'.if, Is a Liberty or JLuftfUl. Privilege to take Amends of him that defilcth &> Lufgul, &P Warpeni, Nupeni, Qp de omnibus your Bond-woman 'without Licenfe, Raflal's Expo- confuetudinibus qu<c ad me pertinent. Charta Hen. 2. Words fo that it is an Amends for lying G. G. n. 2. q. fithn of

&

&

&

Saxtcn in his Defcription of *' *Ujrfnfcurol)0, Was a bafe Soil fbiftjuurst)?, cap. 11. See Lairmit. Some think it of Money coined beyond Seas, to the Likenels of England, fhould rather be written -Legerivit, for Leger is the Englip Money, in the Days of Edward the Third, Saxon Word for a Bed ; or Lecberwite, a Punifh- and brought in to deceive the King and his Peoment for Lechery. See Bloodwit and Leyerzvit. To avoid which, it was made Trcalbn for ple. ilOueiltlUtn, Levtr.ny in Brechwckfiire. any Man wittingly to bring in any fuch. Anno or Bcll-weathcr. Part Infi. fol. I, HciurcurCUS?, A 25 Edw. 3. Stat. 4. cap. Abbas habtiit in flaurum multontt 1 630. matronas Knight, Anno 1347, tells us, That in ecdem Artr.o
with a

Bond-woman.

Ram

defertur

A
&
&
merunde

M
If

A
Mandamus
vo-

indigenas defertur in Angli'dtn per alienigenas cttores falfa moneta, qua Lull iburn appellata eft,

Rex
rio

dileffo

Rvgero de Horfley Conftabula-

Caftri fui de

Eaumburg, falutem.

bis alii quod homines partium prediB. nuper in Caftro prtplures funt apud Londoniam multl mttcatms ditto pro falvatior.e tracfi &> Mptnfi. Corporum &> rerum fuarum contra luftrum. Sec Currkulus. aggrejfus Scotorum commorantes, Maercmium de lonecnon bona &> catalia ac viBualia fua in lpefjelD, ILcfifilUf r, A fmall Fine or pecu- giis fuis, niary Compofition paid by the Cuftomary Tenant Modern Caftro, Qp in Foffato &> Mota ejufdem exiftentia<, Te- fine impediment, capere to the Lord for Leave to plow or fow, &c. cariare, quo voluerint T. Rege apud Cowyh 1 nentes in Waldis tun pojfnnt arare terras fuas ab aqui- afportare, permittatis, &c. noHio autumnal! ufque Feftum beati Martini fine li- Junii. Clauf. 16 Ed. 2. m. 3. idea reddunt conjunftim dimidiam marcam Spagbote or Styaejboff, A Rccompence for the centia, ad Feftum S. Martini, five fuerit pejfona, five Slaying or Murder of one's Kinfman ; for anSomner of Gavelkind, ciently in this Nation, corporal Punifhments for turn, &> vacatur Lyef-ycld. Murder, and other great Offences, were fomep. |f. ilptnputta: Extendent fe a Lymputta juxta times commuted into pecuniary Fines, if the It fignifies a Friends of the Party flain were 10 content. ten am I. S. liber niger Hereford. Leg.

&

&

&

Lime-Pit.
iLpn&etoOfie

Was

Do&or both of

the Civil

Canuti Regis, part 1. cap. $&ai}t, Old Radnor.

2.

and Canon Laws, and Dean of the Arches : He QSagiouinum, Dunftable. was Embaflador for Henry the Fifth into Portugal, OBagiffer: In old Writings we find this Title Anno 1422, as appcareth by the Preface to his Com- often, as His tellibus Magiftro Johanne de Croft. It noted the Perfon had attained fome Degree of mentary upon the Provincials.

Eminency

M.
a Numeral Letter, and (lands for a Thoufand ; alfb every Perfon convifted for Murder (Manflaughter) and admitted to the Benefit of his Clergy, muft be marked on the Brawn of the left Thumb with an by

in old

Time

in Scientia aliqua, prefcrtim literaria.

And

thofe,

who

arc

now

called Doctors,

were termed Magiftri.

Mis
7.

tabula,

of the Law ; therefore if any Magiftrate, or Minifter of Jufticc, in Execution of their Office, or keeping of the Peace, according to the Duty of
their Office, be flain
,

99agiflratf, Magiftratus. He is Cuftos utr'ufque the Keeper or Preferver of both Tables

4 ft

cap. 15.

this

is

Murder, for their

Contempt and Difobediencc to the King and the Law, for it is contra poteftatem Regis Legis. Co. ing the fame to be ftollen, Britton, cap. 29. and 9 Rep. Machtllye's Cafe. Vide Leges J5iiqna 3fltfa eligenDa Is a Writ directed to Crompton's Juftice of Peace, fol. 193. Be Ma- the Sheriff, to fummon four lawful Knights beIn*, cap. 20. de carnem furtivam tenente.

2I9ace*ariefr, alias ^acf'Brpffff, Machecarii, Are fuch as willingly buy and fell ftollcn Flcfh, know-

&

cegrariis comes furtivas fcientibus, vendentiltus Stat. Walli*. mentibus.

&

e-

aj)arecarta, SlSacIickuna, Macellam, The Flcfhde una felda in Macccaria qux fita eft inter feldam Walteri Subred

Market or Shambles.

&

Seldam Edwardi Galun.

Chartular. Radinges.

MS.

f.

A Butcher. Cum autem diilum nuUus hominum emeret abfque plegiis animal eft, quod vivum, clamaverunt Machecarii de civitatibus &> hurgis quod unaquaque die oportebat eos animalia vi- Charta de Forefta, eftablifh'd with it, which was va emere, occidere, &> venderi. Leg. Edwardi Re- the lefs of the Two ; or becaufe it contained more than many other Charters, or more than gis, cap. 39. opactiecoflare vel SgacIjEcoulare (from the Fr. that of King Henry the Firft, or of the great and Mafchecculis) to make a warlike Device, efpeci- remarkable Solemnity in the denouncing Excomally over the Gate of aCaftlc, refcmbling a Grate, munication, and direful Anathema's againft the read in Holinjbed, that King through which fcalding Water, or offenfive Infringers of it. Things may be thrown upon Pioneers or Aflail- John, to appeafc his Barons, yielded to Laws or a. ants. 1 Articles of Government, much like to this Great Inft. fol. 5. SljJaciO, A Mafon. tpfe cum Macione Qf> ma- Charter : But we have now no ancienter written turis neceffariifque miniftris in maceria recon- Law than this, which was thought to be fo benereliquias didit. Orderic. Vital. 1. 6. Accitis ita- ficial to the Subject, and a Law of fo greatEquique artificibus latomifque cum macionibus illic ad ty, in Companion of thofe which were formerly
2^ad)CariUfif,

127.

there upon their Oaths Juftices of AJpfe, chufc Twelve Knights of the Vicinage, &V. to pais upon the Great AJpfe between A. Plaintiff, and B. Defendant, &c. Reg. Orig. fol. 8. SJBagna 4Il)arta, The Great Charter, was granted the Ninth Year of Henry the Third, and confirm' cd by Edward the Firft. The Reafon why it was termed Magna Charta, was either for that it contained the Sum of all the Liberties of England, or clfc becaufe there was another Charter, called
fore the
to

We

in ufe, that King Henry, for the Granting it, had agendum profeffus eft. Ibid. cap. 12. S0aDnintj*monPV, Old Roman Coins, fometime the fifteenth Penny of all the moveable Goods, found about Dunftahle, are fo called by the both of the Spirituality and Tempcralty throughout Country-People ; they feem to retain this Name the Realm. Spelman in his Glojf. on this Word, from Magintum, ufed by the Emperor Antoninus calls it, Auguftiffimum Anglicarum libertatum diploma in his Itinerary for Cambd. gf facra Anchora. It is Magnum in Parvo, and Dunftable. 3I?ao,2igal6 Is an old Word, fignifying Coun- hath been above Thirty Times confirmed, fays Coke
opus
It is recorded, That when confirmed it, he fwore, on the Word atid Spaerrmium, and UPfretnium, Is derived from Faith of a King, a Chriftian, and a Knight, to obthe old French Word Mere/me, for Timber. It pro- ferve it. See Charta Magna. perly fignifies any Sort of Wood fit for Building savanna pecans, A great or general Reapfeu quodvis Materiamen, from whence the Word is day: The Lord of the Manor of Harrow in Com. derived. Sec Materia. Middle/ex, had (in 21 R. 2.) a Cuftom, that by

try Songs. $i)auU0, MaiAftone in Kent.

upon Littleton, fol. Si.

Hen.

3.

Summons

MA
Summons of
;

MA
;

his Bailitf upon ft General Reap Appeal for \'\.'em or wilful Wounding: When day (then called Magna preraria) the Tenants it was laid to the Charge of the Defendant or mould do 199 Days work for him every Tenant Appellee, that ho d J it nequiter in felonta, i. e. that had a Chimney was to fend a Man. Mr. Phi- malicioufly, and with an evil or felonious In
lips

of Purveyance, fag. 145.

sBailtUUn vdmtUlU,
drincentas eves per

Carta 20 Hen. Six-fcorc.

3.

Communem pajluram ad quaMagnum Centum cum tot agnii. m. 1. This great Hundrod is

fits

the Appellant did offer difrationare ver homo maihemiatus prout curia Domini Vid. BraBon, lib. 3. cap. 24. Regis conftderavtrit.
tent
:

And

eum,

Jicut

n. 1, 2.

flftoltoilifrta, The Temple of Mahomet, fo called and becaufc the Gcftures, Noifc by Matt. Paris and Songs there ufed were ridiculous to the Chriftians, therefore they called antick Dancing, and
;

fl&aglJUiS J&0,2fn>% Port/month.

every ridiculous Thing, a Momerle. $$&\MX\ ISentfl Is a Noble paid by every Tenant in the Manor of Builth in Com. Radnor, at their Marriage, and it was anciently given to the Lord for his omitting the Cuftom or Marcbeta, whereby fome think he was to have the firft with his Tenant's Wife: But I Night's Lodging rfttner fuppofe it to be a Fine for the Licence to marry a Daughter. Sec Mart-beta. See Vagniaca. fflPaiOftOtU. So <35fliP"lfi SJrb;, Malmsbury in Wiltjbire. called from Maidulfus, an Irijb Scot, who built a Monaftery there, in which Mdelmus was the firft Monk, and his intended Succcffbr, who afterwards built very fair Monaftery in the fame

?an ]l!nnu(ti0, An old May-game, or ludicrous Cuftom for the Prieft and People in Proccf fion to go to Ibmc adjoining Wood on a May-day Morning, and return in a Sort of Triumph, with ft May-Pole, Boughs, Flowers, Garlands, and fuch-likc Tokens of the Spring There was thought to be fo much heathen Vanity -in this Practice, that it was condemned and inhibited within the Diocefe of Lincoln, by the good old

exemplary Bifhop

Grofthead.
cjuos

Faciunt
vacant

tiam, ut audivimus, Vlerici ludos

Indue
fcotales,

tionem Maii, &* feftum Autumn's, O* Laid

quad nulla modo vos latere pojjit. Si veftra prudentia fuper hiis diligenter Rob. inquireret. Line. Groffctcft, apud Append, ad Faf.
Epjfcopi
Epift.

ciculum, p. 382.
;

Place.
ber trarius) a

SPaisnagtUm, (from the Fr. Maignen, i. e. Brafier's Shop. Idem Hugo tenehat from palla a Ball, and the round Ring through unum Maignagium in foro ejufdem vilU, V. Lib. which it is to pafs. Ramef. left. 165. See Gotland. But others are of ^ailf, Anciently a Kind of Money. Etiam Opinion that it fignifies an Houfc, quaft Mejfua- latins arcipitur, nee tantum pro denariis pluribus, fed
gium. apaihttn,

519 ail, Macula, a Coat of Mail it is called Mail, from the French Maille, which fignificd a fquare Figure, or the fquarc Hole of a Net. So Maille de baubergeons is a Coat of Mail, becaufc the Links or Joints in it refcmblcd the Squares of a Net. Maille, with a double U, fignifies a round FaRing of Iron, from hence the Play of Pall Mali,

&

portione aliqua rei

illo

frumentaria vel avnonari*

hoc

or

Sjjapljcm,

Mabemium,

Wound, Hurt, cometh

and
fignifies

Lane. Eft in Ulverfton quoddam Geefmalcs, QP quoddam profisuum apud Plumpton, vocat. Cowmale. Spel. See Blackmaile. In 9 Hen. 5. by SaiIeP, Silver Half-pennies. Indenture in the Mint, a Pound-weight of old Sterling Silver was to be coined into Three hunor if any Eye be put out, fore- teeth broke, or dred and fittty Sterlings or Pennies, or Seven hunany other Thing h,urt in any Man's Body, where- dred and twenty Maths, or One thoufand four by he is difabled to defend himfclf, or offend his hundred and forty Farthings. Vid. Lowndes's EfEnemy. Glarrvilr, lib. 14. cap. 7. See BraBon at fays upon Coins, p. 38. traB. 2. cap. 14. num. 3. Brition, cap,. Si nolit Sl&Mtnti, A falle Oath, Perjury. large, lib. 3. I. 25. and Stauvdf. PL Cor. lib. cap. 41. and The abjurare, emendet ip/um Mainad, id eft, perjurium, Mirror of Jujlies, cap. de Homicide. But the Cut- duplicittr Leg. Inse Regis, cap. 34. an Ear or Nofe, the Breaking of the hin3Patnespo;tf, {in manu portatum) Is a fmall Triting off der Teeths or fuch like, was no Mayhem, it be- bute, (commonly of Loaves of Bread) which in ing rather a Deformity of Body, than Diminish- fome Places the Pri(hioners pay to the Reftor ing of Strength. But now by the Statute of 22 c> of their Church, in Recompence for certain Sec Waxjbot. Vicaria de Wragby, (in 13 Car. z. cap. I. the Cutting off a Nofe, or Cut- Tithes. ting off or Difabling any Limb or Member, is Com. Line.) conftftit in toto Altaragio fiP in Ceragio, made Felony without Benefit of Clergy Mayhem vulgariter d'tft. VVaxlhot, in panihus vulgariter MB. is commonly tried by the Justices infpefting the Mainport, Qfi in increments denariorum Sancfi PeThis Party And if they doubt whether it be a Mtyhem, tri, vulgariter dilf. Firc-harth. Spelman. or not, they ufe to take the Opinion of fome able Main port-Bread was paid to the Vicar of Bfytb, Chirurgeon in the Point. The Grand Cujlumary as you may fee in the Antiquities of Nottingham of Normandy, cap. 6. calls it Mahaignium, and the Jbire, /o/.47JMembri mutilatiovem but all agree, that amour, alias Gf anour, alias CpCillOUT, Front Canonijls, In a leg*al it is the Lofs of a Member, or the Vie thereof; the French Manier, i. manu traBare : and Membrum, Cajfan. de Conf. Burg. pag. 168. de- Scnfe, denotes the Thing that a Thief taketh aAs to be taken with the Maifines thus, Eft pars corporis habens deftinatam opera- way, or ftcalctb. tionem in corpore. See Skene de verborum fignificatione, nour, PI. Cor. fol. 179. is to be taken with the See Co. on Lit. lib. z. cap. 11. And again, fol. 194. it verbo Machanium. Thing ftolcn about him Homo Mahemiatus, a Man maimed or was prcfented, That a Thief was delivered to the ftB. 194wounded. By the old Englifh Law there lay an Sheriff or Vifcount, together with the Mainour: And n 2
: :

of the a corporal Hurt, by which a haigne, Man Iofcth the Ufe of any Member, that is or might be any Defence unto him in Battel : As if a Bone be taken out of the Head, or broken in any other Part of the Body or Foot, or Hand or or Joint of a Foot, or any Member be Finger, cut, or by Wound the Sinews be made to flirink;

Maim, French Word Me-

vero in plaga Angli* Boreali

Blackmaile

dicitur, ut

pecuniario

diftinguatur.

Inquif. capta poft

mor-

tem Wil. de Coway,

Anno 20 Edw.

n. 69. proficuum vocat.

3.

If a Man be indi&cd, That again, fol. lSo". he felonioufly dole the Goods of another, where, in Truth, they be his own Goods, and the Goods be brought into the Court as the Mainour and it be demanded of him, what he faith to the Goods, and he difclaim them though he be quitted of And again, the Felony, he fhall loie the Goods If the Defendant were taken with the fol. 149. Manour, and the Manour be carried to the Court,

And

and when not, fee Cromp. Jufl. of Peace, fol. 13d, and 141. and Lamb. Eiren. lib. 3. cap. 2. pag. 336, 337. 53 s 339. 34> Sec alfo Britton, fol. 37. cap,
.

des Pledges C5 Mainpernors.

jfuflices faith,

Laftly,

The

would arraign him upon fonal. they, in ancient Times, the Manour, without any Appeal or Indiftment. TOaiilf!ro;n, In the North, fignifies as 8. Si dicii Servientes feu Balivi fui aliquem latronem pro forfworn. Brownl. Rep. 4. Hob.
Rep.

That Pledges be thofe that bail or redeem any Thing but the Body of a Man, but Mainpernors are thofe that free the Body of a Man and therefore that Pledges belong properly to real and mix'd A&ions, and Mainpernors to per;

Mirror of

much

as

Help. Manutentio and manutenentia, JfOaintrnaiUP, &c. Plac. a- Signifies the Upholding of a Caufe or Pcrfon, in Ma- either by Word, Writing, Countenance, or pud Ccftriani, 3 1 Ed<ui. 3. de Quo War. I find this Word ufed in the Old Deed ; metaphorically drawn from nor, de Haltcn. fuccouring a Where a Man young Child, that learns to go by one's Hand: Nat. Brev. fol. lib. in this Sort maketha Thing by Mainour, or Levying or Eftop In Law it is taken in the word Scnfe, as appears an Affile; where by 32 H. 8. 9. And when a Mans Aft in this Kind pmg; in fuch Cafe he fhall have is t by Law accounted Maintenance, and when handy Labour, and is but an Abbrecognoverit,

eum Mannoperc, aftaiBfaino^, 19 H. 7. 14. Is he that fupports aliquo furto ubicumque fuerit faBo, Dominii fui pr/diBi, eeperint feu attach. or feconds a Caufe depending in Suit between oinfra feodum coram quatuor villat. vo- thcrs, either by disbursing Money, or &> fi ille latro feloniam making tunc liceat diBis Servientibus feu Friends for cither Party towards his luntarie

Mam

Balivis fuis diclum latronem decollate, (Lane.) tunc bahebit omnia bona fua,

&> diBus Dux,

fignifies

viation of Mainovery.
flpainriernanir, See the Statute able.

fee Broke, Tit. Maintenance,

let to Bail, bail1.

and

not, Kitchin, fol. 202.

fol. 172. and Cromp. Jurifd. fol. 38. that lies againft a Man for this Offence, is called Maintenance. See Co. on Lit. fol. 368. Anno 3 E. 1. what Pcrfons be mainpernable, and what not. Special Maintenance, Kitchin, fol. 404. feemeth Are thofe Perfons to be Maintenance, molt properly fo termed. Of SJJainpprnojir, Manucaptores, to whom a Pcrfon is delivered out of Cuftody or this fce Cromp. Juftice of Peace, fol. 155. and the Prifon, and they become Security for him, ei- New Book of Entries, verbo Maintenance.

That may be

and

F.

N. B.

of Weftm.

cap. 15.

made The Writ

ther for Appearance

called

or Satisfation

they are
as
it

'JljMIIUIie.

Manu
capere

aptores,

manu

And
from

ducere captivum e cujlodia vel prifona. the Prifoner is faid to be delivered to Bail, the Words of the Bail-piece, viz. A. B. V.

&

becaufc they do

it

were

Mayor, doth not come from the Major, but from an Old Englifb Word Maier,
2KaiO.',
Poteflaj.

See Minovery.
Lat.
i.

e.

traditur in Ballium J.

D.

& R. R.

CyaifnaO?,
SlJaifon

i.

e.

Family,

&c.

Sec Main-

ifu,

(F-.)

An

tjuafi Manftonata. Hofpital or Alms-houfe

which he hath formerly bound himfelf to That is, to clear himfelf of an Ation commenced aor in Prifon all that Time, or othcrwife at their gainft him by his Oath, and the Oaths of his Will lb that he that is fo bailed, fhall not be Neighbours. Old. Nat. Brev. fol. 161. Kitchin, fol. faid by the Law to be at large, or at his own Li- 192. Si Placitum debiti vel tranfgreffionis vel aliquod Thus far Manwood. The Mirror of jfu- Placitum fuerit inter vicinos, &> defendentes negaverint berty vadierint Legem verfus Querentem, folebant facere diftinguilhing between Pledges afid Mainperflices arc more general, and Legem cum tenia manu, &>c. nors, faith, That Pledges (Inq. de Confuethat Mainpernors, arc Body for Body, lib. 2. cap. tud. Manerii de Sutton Colfcld a tempore Athelftani Regis) e. The Defendants were to de Trefpafs venial, and lib. 3. cap. des Pledges bring Mainpernors. When Mainprifes may be granted,! three Pcrfons to fwear with them. Which Law feemeth
:

not mainpernable, whereof fee Bro. Tit. and F. N. B. fol. 249. ManMainprife per totum, wood in his Foreft Laws, pag. 167. makes a great Difference between Bail and Mainprife; for he that is m ainpr ifed (faith he) is always faid to be at at his own Liberty out of Ward large, and to go until the Day of his Appearance; but othgrwife it is, where a Man is let to bail to four or two Men by the Lord Chief J-uftkein Eyre of the Foa certain Day ; reft, or any other Judge, until for there he is always accounted by the Law to be in their Ward and Cuftody for the Time:
is

See Meafon Lieu. Baldwinus Comes Exon omnibus CIjMlfuca Manucaptio, Is compounded of two Hominibus Francis &P Anglis French words, viz- Main, manus, Pris, captus: It Baronibus fuis in our Law, the Taking or Receiving a dedi Maifuram, quam ipfe tenet, &c. fignifies fine dat. MS, Man into friendly Cuftody, that othcrwife is or Cartarum penes Eli. A&mole, Arm. Inter antiquas to Prifon, upon Security gi- confuetudines AbbatU. S. Edmundi might be committed Siquis haven for his forth-coming at a Day afllgncd And buerit in villa unam maifuram term dabit indeper anfor any, arc called num prtpofito 1 Obolum ad 11 Terminos Et they that thus undertake becaufe they do receive him into fiquis plures maifuras habuerit tot obolos quot maiMainpernors, Cartular. S. Edmundi. MS. fol. their Hands, Staundf. PI. Cor. fol. 178. from hence furas comes the Word Mainpernable, which denotes him 314. A Houfe, a Manfion, a Farm: From the that may thus be bailed ; For in many Cafes a Fr. Maifon, Dcmus. Sec Manfura.

P'fe

'

3J5atnp,llff,

&

Man

2Paju;jU0 Is a Writ or Proceedin in lbme cuftomary Manors in order to a Trial oi Right of -Ad banc Curiam %eLand, and the Entry is
nit VV.

Sol.
ipfe

ad

L. in propria Perfona fua, vidend. Rotulos Curia

&

Of dat Domino

it.

petit inquirend. utrtim

habet Majus-jus in una Meffuagio,

hoc

&c. an N. T.

&> fuper

Homag.

dicunt,

&c. Ex

libro

MS.

Vocat.

Butterfield in Epifcopat. Heref. de temp. E. 3. fol. 244. b. apaftr, Facere, Signifies to perform or execute; as to make his Law, is to perform that Law

And they may,

;

if

they

will,

keep him

in

Ward

&

&

;'.

M
gehatur, rabant,
i/tius

MA
inno.entia confifi,

fecmcth to be borrowed of the Feudijls, who call lion Of Malctcnt. In France thev had an extraorthorc Men that come to fwear for another in this dinary Tax called Maletofie, firit exacted by PhiCafe Sacramentales. Of whom Hotoman faith thus, lip tht Fair. apeliqnare Signifies the fame as to maim any in verbis Feudal. Sacramentales a Sacramento, id eft, iuramento dicebantur ii, qui quamvis rei de qua ambi- one. Qui ordinatum ociiderit vel Malignavcrit emen tamen ex ejus, cujus ret a- det ei fie at reHum eft. Leg. H. I, cap. 11. gebatur, tejles non fuiffent, animi fevtetitia, in eadem que illi verba juJlUKgnUS, i. e. Diabolus.
videlilet

jrcbitate

&

formal Words uled by him that makes arc commonly thefc, Hear, O ye jrufiiies, his, Law, that I do not own this Hum of Money demanded, neither in all nor any Part thereof in Manner and Form So heh me God, and the Contents of this declared.

&c.

The

Prob Dolor, hunc pepulit propria de fede Malignui.

Sec Marie. See Ledo. Jllalmsblirp. Sec Maidulfi

J&.ilin.

JBUtltDS.

urbs.

Book.

Services or Cuttom, is nothing clfc but to perform them. Old Nat. Brev. fol. 14. To make Oath, is to take Oath. a Porte-Mail, a Bag to carry fljiila, A Male, the Letters, Writings, dv. Among the Rules of Order of the Knights Templar, cap. 4.0. Sacculus ft"

To make

1U<110 grafO,

quam Malo
ling.

Libertatem Unwillingly. Ecclefu ipfe nunquam auxit, fed magnifici anteceffores fui grato fuo ftabilierunt ; i. c. He being unwil-

Matt

Pari/.

.UVilt

Word
of
St.

or Malr-mill. The occurs in Mat. Paris's Lives of the Abbots

mulna,

A Quern

Anne 1245.

mala aim jirmatura non conceduntur.

the

Albans,

&c.

fufpeft

Word was

Mala

or Maile is or Bag. nify a Pouch, Satchel,

originally Britijh, becaufc faid in the Modern Irijb to fig-

,IUaltfl)Ot, Malt-fcot, Some Payment for maSolverit de Malt-lhot termino cirking Malt. Somncr of Gavelcumcifionis Domini 20 Denarios.
p. 27.

(from the French Mahueillancc, i. haply be ufed in our Records for Italic qui Malcndrini vo- Mifdemcanors, or malicious Practices. Record, ves, qualiter utuntur equites de hiis qu fiehant in Pari. 4. Ed. catitur. J. liberata in Cana^albfrnr, c. Mons placiti, a Hill where the ceUaria per Hen. de Ednalion Clericum Pari. which by the Ccs font les Treafons, Felonies Malveilles faitz.au People aiTcmblcd like our Affixes, le Du Cange. a fort People per Roger de Scots and hijh are called Parly-H:/ls. noftre Segneur Roy Ex libro nigro dc Wigmorc See Camelodunum. Mortimer, &c. JlVilOCIJ. e. One who is fufpe&ed, penes Edw. Harley. Mil. Balnei. JlialcrrFtiirufl, i. Fr. Mauvais J.Ualbrilin, malus vieinus, who cannot be trulted ; fo in Fleta, lib. I. cap. 38. voifin, Recedet inde appellatus omnino quietus, dum The ill Neighbour, a warlike Engine fo called, 21. par. to cafl Stones, &c. for Battery of Walls.' tamm afuovifneto non juerit Malecrcditus, QPc. Propter lUalrmrtion, (Maledtfio), A Curfc, which was petrariam qu<t Malveifinc Galliee nuncupatur, qua of old ufually annexed to Donations of Land, cum macbinis aliis Franci ante caftrum locata mures acriter erebris ieiibus verberabant. made to Churches and Religious Houfcs. Mat. Parif. Si quis autem {quod non optamus), bans nojlram Do fub Anno 1216.

mentioned

Q&aliino:truir, i- . in Walfinglam, pag. 388. viz,. Brigantiriorum more femivefiitus gejlans ad latus fagittas bre-

A Thief

or

Pirate:

Tis kind,

Iluthtillfff,

Malice),

May

&

&

nationem infringere

temptaverit,

perpejfus

malignorum Spirituum ; glacierum fiatibus les tormentorum cruciatus evafiffe non quiefcat,
prius in rigxis pcenitcnt'u gemiiibus,

&f

fit gelidis terribinifi

JilalbCia
cap. 10.
is

ries

by

In Artie, fuper Chart. tUOCUrOJf, undcrftood of fuch as ufe to pack JuNomination, or other Pra&ice, 2 Infl.
J

& pura emenda- fol. 561. aflatl Sometimes fignifies a Nag, from the Lat. tione emendaverit. Charta Regis Athclftani Monaft. Mxnnus: And therefore amongft the Laws of dc Wiltunc. Anno 933. King defiruentihus ea, Alfred we find Mantbeof, i. e. an Horfe-ftcaler. Again, Venientibus contra bac e. An old Woman. We read it in occurrat Dens in gladio ir* cfi juroris cjf vindittt, Sparta, Servantihus autem b*c &> Gervafe of Tilbury, cap. 9 5. Mulieres & malediHionis atern*. agnofco Manas onurrat Deus in pace, gratia f nofiras qua procefierunt in diebus defendentibus ea, ijiis, &Pc. Amen, Amen, A(arugium, (from the French Menage, a miferieordia & falute uterna. Charta Williclmi de Warenna, Surreiae Dwelling or Inhabiting) A Manfioii-houfe, or men.

&

'.

Comitis.

Quod
bin
ore

fi

fcrte

poll

b<ec aliquis

Dwelling-place. Conceffi capitate Managium haredum meorum de meum cum pertinentiis (Jharta Nich. de Bal-

in his Explication of Saxon Words, vcrbo JEJlimatio, 1. cap. 7. Is interpreted and Hoveden in the Liberties, &c. 25 parte porter, annal. fuor. fol. 344. of Bote. to be a Toll of Forry Shillings for every Sack of

offend or tranfgrefs), A Doing of Evil, a TranfCroke's Rep. 2 Far. fol. 266. grcfling. JlWfl'lvozn, In the North, fignifies as much as Forfwom, Brownloe's Rep. 4. Hobart's Rep. 8. Malum vel indebitum ilialcfcnf, or RUIetOlte. Telonium, In the Statute called The Confirmation

a prafat.i Ecclefia aliquid abfiulerit, ex fham fine dar. Managium ejufdem Hugonis cum in tre- campo meo in con/peHu Dei fit ille malediclus, adjacente. Mon. Ang. 2 Tom. pag. 82. mendo fudi io, nifi refipuerit, condemnatus. Amen. iijJailUOtf, Signifies a Recompence for HomiCharta Roberti Camcrarii Comitis Richmundiae, cide, or a pecuniary Compenfation to the Lord in Bibl. Cotton. for the Slaughter of his Vafl'al. Spelman in his UV;tff?Una\ (from the Fr. Malfaire, i.e. To Firft Volume, concil. fol. 621. Manbote, i.
Eleemofynis

&

compenfatio

Domino
lege

Anglorum

fays, perjolvenda pro homing fuo occifo, Regi 6 Arehiepifeopo tres marcas de

hominibus eorumpropriis, fed Epifiopo ejufdem comitatus Confuli Dapifero Regis, Viginti folidos, Baro~

&
&

&

nibus

autem

aliis

decern

folidos,

&c.

Sec Lambard

Stow in his Annals calls it a Malctot, pag. fl^anca, (Charta Regis Eadgari Ecclcf. Sancti Sec alfo the Statute de Tallagio non conceden- Pauli, Anno 867. Indiciione 1 5. Cum lato d:gno 4<Ji. \\ do, Anno 3j. 1. jftjthing from iKntefoM fl)aU pretio, i. e. Ix Mancas in aim puriffimo,') be taken of Sacks of llXol, by Colour o: <B)cca lquare Piece of Gold, commonly valued at Thirty Pence

Wool.

MA
Pence
;

Mark of 3anenfc Was anciently ufed for Tenentes, or Laws, (i. e. Manucufa, Tenants. Concil. Synodal, apud Cloverfbo. Anne 822. Coined with the Hand). So in the Laws of King Qui in fob alieno manent. And it was not lawful Ex ajlimatione capitis viri, qui viccnis for them or their Children to depart without Ina, cap. 69. dum vixerat ettimatur filidis, fubtrahantur 30 folidi Leave of the Lord. ad compenfandam domino mortem. But the Manca "Patigcu/n, apancojn, g^ongro^n, Mixt Corn, was not always of that Value, for fometimes it was Maflin. Idem compotat de uno quarterio^y fex bufjelvalued at Six Shillings, Leg. H. 1. cap.69. Manca lis de Mancorn emptis vj Sol. viij Den. Ex fex filidis tflimetur : But the Shilling was then but Compoto domus de Farendon. MS. f. 18. Five Pence. And the Mancufa was a Sort of Moapangonarf, To buy in the Market. Si venient ney ufed by the Englifh Saxons, equal in Value ad mercatum qui Mangonant in cafeo 8f butiro. Leg. For Thorn, in his Chronicle, JEthclred. apud Brompton, cap. 24. to our Half-Crown tells us, That Mancufa eft pondus duorutn folidorum Canu,oneIlU0, A warlike Inftrument, made to And with him agrees Du caft Stones againft the Walls of a Caftle. And it &P fex denariorum. where he fays, that differs from a Petrard thus, viz. Cange, in verba toita plena,
and Mancufa was
as jliuch as a

Silver. Notes upon Canutus's

Twenty Manca make

Fifty Shillings

for

Manca

and Mancufa are promifcuoufly ufed in the old Books for the fame Money. But Spelman and Somner lay, that a Mancufa was equal to our Mark. Manciple, Mancepi, A Caterer, An Officer anciently in the Temple, now called The Steward.

Interea greffos Petraria

mi t tit ad

Affidue lapides

Mangonellusywe

intus, minores.

9anipuIU0 Was an Handkerchief which the always had in his Left-hand. fanning, Manopera, A Day's Work of a Man ; Of whom our ancient Poet Jcoffry Chaucer, fome- in fome ancient Deeds there is a Refervc of fo much Rent, and fo many Mannings. Howbeit, times a Student there, thus writes, Maninga (from the Saxon Manunge, i. e. AdmoA Manciple there was in the Temple, nitio') fignifies convenium ad caufas difcettandas indicium. Et nominentur in Maninga Of which ail Gatours might taken enfemple. Jir.guhrum pr*Prieft
pofitorum tot homines.

Leg. Adelftan. apud Brompis

This Officer
verfities.

ftill

remains in Colleges in the Uni-

ton, cap. 3.

SiPannire

Is

where one

cited to

appear in

fl^ancUnum. Manchejler in Lancajbire. apanuamutf Is a Writ that licth after the Year and Day, whereas in the mean Time the Writ called Diem tlauftt extremum hath not been fent out to the Efcheator for the fame Purpofe for which it fliould have been fent forth. F. N. B. See Diem claujlt extremum. fol. 253.

Court, and (land to the Judgment there. It differs from Bannire; For though both ftgnify a Citation, yet one is a Citation by the Adverfary, and the other by the Judge. Leg. H. 1. cap. 10.

Du

Cange.
in . the

Fafl^anDatnuB Is alfo a Charge* o theftheriff, ciunt judicium in curia fua de latrone qui vacatur Into take into the King's Hands all tne"Lands and fangenthief, cum ccntigerit talem latronem capi cum Tenements of the King's Widow, that againft mannopere intra feodum ipjius, ita quod catalla talia her Oath formerly given, marrieth without the laironis eidem P.cP htcred bus fuis remaneant. Chartular. Radinges, f. 1 56. King's Confent. Reg. fol. 295. See Widow. whom Lttus itaque &> alacer iDpantiatarp, Mandataries, He to a^annue, A Horfe. Charge or Commandment is given. Alfo he that vir morarum impatient juffit mannum preparari, fmul cum his qui ad fe venerunt ad infulam properans. obtains a Benefice by Mandamus. lj)ailOaft% Mandatum ,' Is a Commandment Ju- Hiftor. Ramef. Edit. Gale. cap. 53. Matth. Parif. dicial of the King, or his Tuftices, to have any ufes the fame Word for a Pad or Saddle-Horfe, Thing done for Difpatch of Juftice, whereof you fub Anno 1 107. From Saxon Man, a Horfe. In fliall fee Diverfity in the Table of the Ju the Laws of Atfred, we find Man.iheof, for a
diri.il,

#annopU0, Manopera, Goods taken Hands of an apprehended Thief.

verbo

Mandatum.
1

The

Regifler

Biihop's Mandates Horfe-ftealer.

2ariOJ, Manerium, Seems to be derived of the French Manottr, babitatio, or rather from manendi, of abiding there, becaufe the Lord did ufually

to the Sheriff,

Mandie or Maunday -Thurfd&y, the Day before Good-Friday, when they commemorate and praftife the Command of our Saviour, in warning the Feet of the Poor, QPc. As our Kings of England have long pra&ifed the good old Cuftom on that Day of Wafting the

3 fll3anuati Sits,

Eliz. 9.

rcfidc there.

Ejl feodum nobile partim vaffalis {quos

Tenentes vocamus) ob certa fervitia concejfum; partim Domino in ufum Famili* fu*, cum jurifdiclione in vaffallos, ob conceffa

Feet of poor Men, in Number equal to the Years of their Reign, and giving them Shoes, Stockings,

ceduntur.

terras

pr&dia refervatum. Qu* vaffaliis condicimus tenemcntales, qua domino

Totum vero feodum domirefervantur, dominicales. and Money. nium appellatur, olim Baronia ; unde Curia qua e O&anuatO panf^, Loaves or Bread given to huic praefi jurifdiffioni hodie Curia Baronis nomen rethe Poor upon Mandey Thurfday. Abbas autem tinet. Skene de verb. Jignif. kith, It is called MaWillielmus augmentavit tres panes de mandato 4e nerium quafi manurium, becaufe it is laboured by uno cfuarterio panis, ita quod fint equates panibus con- Handy-work It is a noble Sort of Fee granted venes. Chartular. Glafton. MS. f. 29. partly to Tenants for certain Services to be per!s3j)auoatu:ri Is fometimes taken for a Report or formed, and partly referved to the Ufe of his Rumour, as in Mat. Parif. Anno 1242. XJrgebant Family, with JurifdiSion over his Tenants for Sometimes 'tis their Farms. That which was granted out to Regem Mandata ultra marinorum. taken for that Part of a Monaftery where Guefts Tenants, we call Tenemtntales ; thofe referved to were entertained, viz. Fecit reparari & emendari the Lord, were Dominicales: The whole Fee wa* domum Mandati ubi recipiuntur hofpites SP pauptres. termed a Lordfliip, of old a Barony ; from Du Cange. See Mandate. whence the Court, that is always an Appendant
:

to

to the Manor, is called The Court-Baron. Touchof the Manors, it lecms that in ing the Original

in his Explication of
faith,

Saxon Wordj, verb. Hida

terra

forming fuch Services, and paying fuch yearly Rent for the fame, as he by his Grant required, and that afterwards this great Man parcelled his Land to other meaner Men, enjoining them fuch Services and Rents as he thought good, and fo as he became Tenant to the King, the Inferiors became Tenants to him. Sec Perkins's Refervations, lib. 1. cap. de 6" 70. and Home's Mirror of Juftices, and Fulheck, fol. 18. And according Roy Alfred, to this our Cuftom, all Lands holdcn in Fee arthroughout France arc divided into Fieffs and whereof the former are fuch as arc rieri
the fecund, ; fuch as the King's Feudataries do again grant to others. Gregorii Syntagm. lib. 6. cap. 5. num. 3. In thefc Days a Manor rather fignificth the Jurisdiction and Royalty incorporeal, than the Land or Site. For a Man may have a Manor in grofs, and (as the Law tcrmcth it) that is, the Right Intcrcft of a Court-Baron, with the Perquifites thereunto belonging, and another or others have every Foot of the Land, Kitchin, fol. 4. Broke,
fiefs,

That that which he calleth Familiam, othe Beginning there was a Circuit of Ground thcrs fmcc call Mantntem vel manfarm Man/us e> fome Baron, or Man of manfum, you may read in the Feudist, and in granted by the King to de verbor. Sec Rgnificat. vtrbo Manfus. worth, for him and his Heirs to dwell upon, and Skene cxercife fome Jurifdi&ion more or left within Skene, vcrbo Manfus. The Latin Word Manfici, to that Compafs, as he thought good to grant, per- in the Charter granted by King Kenulphus to Ru
cbin, Abbot of Abingdon, and mentioned by ward Coke in his Report de Jure Regis

Sir Ed-

fcems to fignify a Certain Quantity of Land. Hida vet Manfia. Mat. Wcftm. in Anno 857. And in a Charter of Edw. Conf. it is written Mar.fa, Vide Hijl. of Pauls, fol. 189. BraBon, lib. traB.

EclefiaftUo,

immediately granted by the King

Terram 50 Manfionum, 8r. Concilium Clovefboe, Anno 800. But that which in ancient Latin Authors was called Hida, was afterwards called Manfus, i. e. as much Land as one Plough could till in a Year.
flpinttatigllffr,

Manfio effe poterit 5. far. I. tonfiruBa ex pluribus dmiibus vet una, qua erit habitatio una & fola fine vicino, etiam c> ft alia Manfio fi vhinata non erit villa, quia villa eft ex pluribus Manfionibus vicinata Of ct/lata ex pluribus vicinis. Fleta, lib. 6. cap. Sometimes Manfio fignifics a 51. Family; as,

5.

Homicidium,

Is

the unlawful

Man, without a prcpenfed Malice. As when Two, that formerly meant no Harm one
to another,
ther,

Killing of a

den Occafion
44.

meet together, and upon fome fudfalling out,

2.

the one killcth the oTit.

Inditements, feB.

hoc tituh per totum.

Bra&on,

lib.

4. cap. 31.

num.

dividcth

munerium into

rapitalf, The chief Man/a, or MaSuiters or Freeholders Two at the lcaft ; for if nor-houfc, or Court of the Lord. Henry de Oily the Freeholds, except one, efcheat to the gave to the Abbey of Ofeney all Capitate Paroch. Lord, or if he purchafc all, except one, there manfum meum in Wefton Antiquit his Manor is gone caufa qua fupra, although in p. 1 50. Called fometimes Curia capitalis As Thomas de S. Waleri gave to the Abbey of common Speech it may be fo called. Ofeney totum manerium meum de tenet mane21?;inpt>earnOH. Williclmus Walcotc Mixebury cum capiThe Word Manerium rium de Adington in Com. Sur. per fervitium invenien- tals Curia, ibid. p. 151. di, ad Coronationem Regis, quoddam Potagium vocat. was fometimes ufed in the fame Scnfe, to denote the Court or Manfion of the Lord.

Sec Fee. A Manor may Things, as of a Houfe, arable Land, Pafturc, Meadow, Wood, Rent, Advowfon, Court-Baron, and fuch like and this ought to be by long Continuance of Time, beyond the Memory of Man. For at this Day a Manor cannot be made, becaufc a Court-Baron cannot now be made, and a Manor cannot be without a Court-Baron, and
;

non capitate. be compounded of divers

Capitate

&

3.

from Murder, becaufe it is not done with foregoing Malice And from Chance1

Weft, part It diffcreth

Symbol.

Medley, becaufe

hath a prefent Intent to kill. And this is Felony, but admitted to the Benefit of Clergy for the firft Time. cor.
it

lib. i. Yet it is concap. 9. and Britten, cap. 9. founded with Murder in the Stature, Anno 28 E.

Staunif.

pi.

3.

cap. 11.

flpanfum

Manpygarnon.
apailfr,

(Max/us, vet Man/a),

;

An

Habitation or
Poffcffors

Farm: Alfo an Hide of Land of fuch were called Mar.entes.

aftanfer,
i-

and the

Spelm. Difference of fcvcral Words which fignify a Baftard, may belecn in thefc Verfes
e.

Baftard.

The

ffl^anfura and fljj.ifura Arc nfed in Domefday, and other ancient Records, for Manfiones vel habitat ula viUiccrum. But in Charta de An. 1 Ed. t. n. 3. we read, De tribus Manfuris rcrrs in Wigor
nia.

Quaere.
Hift. of

Manferibus Scortum, fed Mcccha mthis dedit Ut feges a Spica, fie fpurius ejl ab arnica,
Sunt naturales qui nobis funt
fpeciales.

The fame with Manfio. HfymtUS, Anciently a Farm. Seidell's trtum, Tithes, pag. 6~z. The fame with Hida.
fljMnlura,

to the fiftanfion, Manfio a manendo, According Definition of BraBon, lib. 5. cap. 2S. num. I. Is a Dwelling confifting of one or more Houfes. It is mod commonly taken for the Lord's chief Dwelling-houfe within his Fee, otherwile called The Capital Mejfu.rge, or chief Manor-place. BraBon, the ancient Rolib. 2. cap. 26. Manfion, amonglt mans, was a Place appointed for the Lodging of the Prince, or Soldiers in their Journey ; and in It is this Scnfe we read Primam manfionem, &c.

probable. That this Word Manfion doth in fome ed. Ittud Manfum five Mefnacium. Conftruction fignify fo much Land as Brde calleth '2 Par. fol 6jS.a.

Hac Indentura teftatur, quod Reginaldus Grey Do minus de Hafting', Weisford gr> de Ruthin tradidit Johar.ni Saunders Manfum Mancrii de Bedv/orth, &c. Dat. iS Hen. 6. Here Manfum Manerii is ufed for the Manor-Houfe, or Manor-Place. Manfum capitale dicitur de adibus Domini Manerii, quas Aulam <uulgo nuncupant. Manfum or Manfus is fometimes cdfcfounded with Mefuagium. Spelman. There were in fhort Time conferred on the Monaftery of Everfiam 120 Mar.fes, fiiys Cref Which Manfi in his Church Hiftory, fol. 550. a. fs are in fome Records latined Manentes. Sometimes a Hide of Land, and a Manfi arc confound-

Mon. Angl.

TamiUam

in his EcJffiafiic.il Hfiery.

For Lambard,

M
sflpintra,

&J)infllM&2e0upteri, The Manfe or Houfe of without Suit; or granteth him an Annuity, or Relidencc for the Parifh-Prieft ; the Parfbnage leafeth Land to him by Deed, for Years, or for or Vicarage-Houfe. Hahet eti/tm dilltt: Vkariu: Life, and fuch like. Sec Nief. I fhall here infert an ancient Charter of Manude Ambrcfdon) pro inhabitatione fua ilium e. (i. manfum in quo Presbyter Parochix diclz Ecclefix, in- miffion by John Peckham, Archbifhop of CanterNoverint Vniverfi prtfen: habitare confuevit, &P duo cotagia eidem adjacentia. bury Scriptum vifuri vel audituri Paroch. Antiq. p. 431. quod no: Prater Johannes permijpone di

Mantum, Mantellum,
Rex
in.iutus

Mantel fub Anno

mantea, 8cc.

Manteau, a vina Cant. Archiepifcopus totiui Angliae Prima: pr* Mat. Parif. fenti: fcriptur*. tenore manumittimus ab omni

&

jugo

188.

fervituti:

the fl0.intple, Mantile, May be drawn from French Word Manteau, and fignifics with us a H. 8. cap. 13. long Robe. Anno 24 UBmjficW, The daily Diftributions, fl^AIlUalia or Portions of Meat and Drink allotted to the Canons and oilier Members of Cathedral Churches
for their prefent Subfittence.

nem que
nonki 8P

in
alii

quibufdam partibu:
Beneficiati

ramu: Robertum dcHempftede in Freintfcld quondam Nativum cum tota fequela fua procreata & proIta quod idem R. &> tota creanda. fequela fua prttdiila cum omnibu: boni: &P catalli: eju: liberi in perliberum petuum remaneant, flatum plenamque &> liberam eorundem bonorum Vy catalloadminifirationem Confuetudi- rum fuorum fine calumpnia noflra vel fuccefforum noinolevit, qua Ca- firorum optineant in futurum. In cuju: rei Ufiimonium

abfolvimm perpetucque

libertati:

titulo deco-

&

falcimentum prefenti Scripto Sigillum Hits Tefiibu: Domino Tho. de Marines, Rogero de Lcnkenore, Rocotidianas, qux Tho. Lyfcaux Decani, Pau- gero la Ware, Will. Mauke militibu:, &c. Dat. lia nuncupantur, &c. Ecclcfi* Sanfti Pauli, apud Tenham 1 1 Kal. Apr. MCC. lini Liber Scatutorum OBagefimo o&avo. Reg. Eccl. Chrifti Cant, London. MS. penes J. Epifcopum Sworn Obedience, or Norwic. $$>miinl\8 S&htHintifi, Henricus de TeifSubmiflion upon Oath &~- Re&cr Dei Gratia, Rex Ecclefi* de Giglef dalc, Prior de Fincale

feu

Clerici

Cathedralium

& perpetuum

&* aliarum

coltegiatarum. Ecclefiarum dijlributiones alias manualia bencficia feu viflua-

noflrum duximu: apponendum.

Domino Johanni Archiepifcopo Emanualem obedientiam die Synodi celebrat* bor. Mali 1295 ColleQan. Matapud Lbor. 11. Kal. th*i Hutton, S. T. P. ex Regiftris Ebor. The Handle or Haft of a Sword fll9aniib^uni, or Dagger, Jur. pr&fentant quod A. de C. Aurifaber 2 Tumi, 2 jac. apud S.prxdiB. quoddam Manubrium a Dagger-hilt of Iron, Pugionis ferreum, Anglice, Qpc. apud Maidfton. Is a Writ that lies for a Man, fl^anucaptio taken upon, Sufpicion of Felony, and ofwho, Bail for his Appearance, cannot fering fufficient be admitted thereto by the Sheriff, or other ha-

wick

fecit pro

ilia

omnibu: ad quo: Sciapnefente: Liter* noftr* pervenerint, Saint em. ti: quod no: ex gratia noflra fpeciali &> ex mero motu Manumiffimus &P ab omni jugo fervituti: liheranojlro

EDWARDUSDominu: HibernU, Francis, &

Anglu

&

mu: Johanncm Dedwichc de Orleton in Com. Heref. Will' Dedwiche de eadem HiifHu:bandman, bandman Nativo: noftro: de Manerio five Dominio no

&

de Orleton prxdicF.

ving Power Sec Mainprife.

fions, flB.iliUfl,

to let to Mainprife. F.

diverfly in the Table, and Reg. Origin, fol. 268.

How

it

Qp oflendat ei libera: porta: via:, arma &i\\zct Lanceam gladium, Some alfo were wont fip deinde liber homo efficitur. Vide Broke, Tit. to be manumitted by Charter. The Term: of the Law make Vilienage, fol. 305. two Kinds of Manumiffion, one expreffed, the other when the Lord implied : Manumiffion expreffed is, makes a Deed to his Villein, to infranchifc him by this Word Manumittere, the Manner of which The Lord, in the Prefence in old Time was thus
;

die Menfis Aprilis Anno Regni nofiri octavo. Ex ipfo employed or ufed autographo penes Johan. Colman Gen. As a Thing by the Hand. Staundf. Prarog. fol. 54. in the manuel Occupation of one, i. actually ufed flllfcmB Opera, Stolen Goods taken upon a Thief or employed by him. apprehended in the Fact. See Mannopus. Is the freeing of a sBDanUOperfl, Cattle, or any Implements ufed SpanumifTtOH, Manumiffto, The Form in Husbandry. Ac etiam deodanda, thefaurum inVillein or Slave out of his Bondage omnia bona &> catatta vorata Manuopeof it, in the Conqueror's Time, Lambard in his ventum, 1 26. fctteth down in thefe Words, ra inventa, &c. Monaft. 1 Tom. pag. 977. So in \\?yaiovcula., fol Si qui: velit fervum fuum liberum facere, tradat eum Fleta, lib. 2. cap. 52. par. 42. Probatore: cum MaEt omnimoda Vicecomiti, per manum dextram in plena Comitatu, GP nuoperc capti, i. e. Pure: cataUorum. clamare debet a jure fervituti: fue. per Catalla vocata Manuopera, cumquacunque perfona in quietum ilium

Manueli:,

Any Thing whereof prefent

is

249. five procreandi:, feu de boni: GP catalli: fui:, exigere ufed, fee the vel vendicare poterimu: in future, &>c. In cuju: rei Prynn's Animadver- tefiimon. ha: litera: noflra: fub figillo nojlro Comitatu: Marchia fieri fecimu: Patente:. Dat. vicefimo nofiri
fol.

N. B.

fui: ribu: procreati: Ita quod nee no: nee five procreandi:. Htrede: nee Succeffore: nee Afiignati nofiri aliquod Juri: vel clamei ratione alicuju: Villenagii in iifdem Jo hanne Qp Willielmo, feu de eorum progenie
procreati:

&

omnibu: boni: Qp catalli: tota eorum fequela e> pr.genie de eorum ccrpo-

Cum

fir

is

Profit

may be made,

or that

&

manum iffionem

& tradat

ei

libera

&

&

eifdem capta.

Pat. 13 Hen. 4, Par.

1.

m.

14.

See

Mainer.

^aimnaatlflf. Sape obvenit in forenfi dialeclo, pro ferviente Domefiica. famulo Spelman. Erat culpabili: tanquam de Manupafto, (Manwood, cap. \6. n. 6.) i. e. He fhall be culpable, as of a Thing done by his own Hand, or by one of his Family.

&

Ghff. in x. Scriptor.

Domeftick
furto.

Si

So that Manutafiu: fignifics a Manupaftus alicuju: accufetur de

of other Perfons,

Leg. H. 1. cap. 66. 8S)cinim0 t A Foot of full and legal Mcafure. Dedimu: quietantiam de cccciv acri: menfurati: Head, faying, / will that thi: Man be him forward out of his Hand. Anno Domini Regi: Henrici Patri: mei thereupon fhoved xxxij pracepto when the Lord makes an ipfius, per perticam xxv pedum Manumiffion implied is, per manupedem in for Payment of Money to him at a Com. Ebor. Chart. Ric. 1. Obligation certain Day, or fueth him, when he might enter
:

took the Bond-man

by the free, and

ufed for an Oath, and cap. 7. and 22 Ed. 4. cap. 8. The Word is ufed filjjanufll Was anciently for him that took it, a Compurgator ; as wc of- in the Statute 24 H. 8. c. 12 generally for the ten find in old Records, Tertia, Quarta, Decima Prccints of the King's Dominions. So in Charta mami jurare ; that is, the Party was to bring fo Divifionis imperii Caroli Magni, cap. T. you will find many to fwcar with him, that they believed that Nullus eorum fratris fui terminos lei regni limiwhat he vouched was true ; if he fworc alone, tes invadere pfafumat neque fraudulenter ingredt ad vol Mareai minuendai. manu c unica. So in the Vifitation eonturbandum regnum it was

manu extitit indicia, i. e. She I. cap. 8. num. 2. Merchctum vero pro filia dare ganti purgatio fcxta was to vindicate her Reputation upon the Tefti- non competit libero homini. Externa Mancrii de Wimony of fix Compurgators. Reg. Eccl. Chrifli venho, 18 Dec. 40 Edw. 3. 8c alia 13 Edw. 3.
Anno Dom. 1230. Rich. Burr tenet unum Mefuahomines', Men of a gium. E. debet Tallagium, SeBam Curia fiP McrEt chct hoc modo, quod ft maritare voluerit filiam fuam mean Condition, of the loweft Degree. manus quos ex jufiis &P rationabilibus cum quodam libero homine extra villam, faciei pactm plures medix exharedaverat. Radulphus de Di- Domini pro maritagio, QP ft earn maritaverit ali.ui caujis Rex Pater infimae Cujlumario Infcrioris Merchcceto fub Anno 1 1 1 a. Villa, nil dabit pro maritagio. man us homo Idem fub annit 1 138, 1185. nativi debent folvere tum, hoc eft, quod Sochemanni
Cant.

of the Dioccfe of London by Rob. Winchelfe, Arch- Du Frefnc Gioff. a Woman of Coggefhale in S|i)artl)er, (Marcbetum.) Confuetudo pecuniaria in biftiop of Canterbury, Mulieri hoc ne- Mancipiorum fliabus maritandis. Bract, lib. 2. Tit. accufed of Adultery EJfex

propria

ejus

JJami* meet* f tnffm*

&

&

SPailUtencntia Is a Writ ufed in Cafe of Main- pro fliabus fuis corruptis Jive dtJJoratis 5 s. 4 </. tenance. Reg. Orig. fol. 182 &> 189. See Main- Reg. Abbathise de Burgo, in Bibl. Cotton. Thi tenance. Cuftom, with fome Difference, is in divers Parts fEtatltoOJtl), The Price or Value of a Man's of England and Wales, as alfo in Scotland, and in Life or Head ; for of old every Man was rated the Ifle of Guernjey. Sec Spelman at large on it. at a certain Price, according to his Quality, By the Cuftom of the Manor of Dinevor, in the which Price was paid to the Lord in Satisfaction County of Caermarthen, every Tenant at the for killing him. Marriage of his Daughter pays Ten Shillings to lEtara, A Mccr, Moor, Lake, Pool, Pond, or the Lord, which in the Britijb Language is called Cadens fuper la- Gwabr-Merched, i. e. a Maid's Fee. See Maiden Place of Bog, Marfli, Qpc. cum, quern ufu quotidiano loquendi Maram vocamus. Rents, and Gwabr-Merched. See Marriage. The Cuftom for the Lord to lie the firft Night Will. Gemct. 1. 2. C. 20 Cajlrum &P manerium de Bolyngbroke cumfoke, mara cp mari- with the Bride of his Tenant was very common Paroch. Antiq. fag. 418. Called fome- in Scotland, and in the North Parts of England: fco. times Mera, from Brit. Mer, Sax. Met, Water. But it was abrogated by Malcolme the Third, at Whence a Mere-Swine, a Dolphin; a Mear or the Inftance of the Queen ; and inftead thereMeet, a Moor or low Marfli ; Mire or Dirt, of a Mark was paid to the Lord by the Meers or Ditches ; Mere-Jiangs, and Mere-flones, Bridegroom. From whence 'tis called Marcheta fet for Land-marks, or Boundaries in open Fields. Mulieris. Sec Mera. j|Karcl)iare, To adjoin or border upon aparebotiBJ Were a Sort of Spanifb Gold Coin, Sex acrt. term cum prato adjacente fecundum quod marchia t ad pratum Prioris de Brecon Cartular. formerly current here.

|Earca Is now Thirteen Shillings and four Pence ; but in the Reign of Henry I. it was only Six Shillings and a Penny in Weight ; for the Shillings as well as the Pence were then weighed, or went by Weight; and fome were coined, and fome only cut in fmall Pieces. Now thofe that were coined were worth fomething more than the other. De Tihindi hominii occifi wera debent reddi, &?c, 30 Sol. &P 5 Denar. ad Manbotam, idem hodie 5

Johannis Brecon. MS. f. 74. '#arculu#, A Hammer, a Mallet Dentefque canines tanquam marculo ferro Jive malleo conCambrenf. Apud Whartoni fringamus. Girald. Angl. Sacr. Pars 2. p. 437. aparemiuni. See Maeremium. JJlareJ&al, Marefcallus, Is a French Word, fignifying as much as Tribmus militum with the ancient or flraA(f**f>;- with the Greek, or Romans,
S.
.

Marcx

um

Thaino 120 Sol. qui factSee Mark. The Rent of a Mark by the Year. S^artatU, E* unum Marcatum redditus de Newenton. Mon. 1
de
Thejindo,
i.

e.

20 Marcas. Leg. H.

1.

"iiar<tfx@-. num. 17.

Trinquel. de nobilitate,

cap. 8. pag. 42.

The

French

Word may fecm

alfo

to

Tom.

pag. 341.

.UlarcljerH,

or 3LO2&0

S15archerjer,

Were

the

Noblemen

that lived on the Marches of Wales, or Scotland, who in Times pad (according to

Cambden) had their private Laws, pote/iatem viu 8 necis, like Petty Kings, which are now aboliflied by the Statute 27 H. 8. cap. 16. Of thefc Marchers, you may read Anno z II,. 4.. c. 18. 26 H. 8. c. 6. and 1 Ed. 6. cap. 10. where they arc called Lords Marchers. And in old Records the Lords Marchers of Wales were called MarSec Marquis. Sec alfo chiones de Marchia Walli*. 1 &> 2 Ph. &> Mar. cap. I 5. Jtlardlfff (Mar.hia, from the Saxon Mean, Signum Limataneutn) Are the Bounds and Limits as well with us as in other Countries, whereof between us and Wales, or between us and Scot- you may read Lupanus de ma*i/lratib:is Francis, Lb. lib. 2. 1. land, Anno 24 H. 8. cap. 9. Which lad arc dicap. de cap. Marefliallus, and Tiliui, vided into Wefl and MiMle Marches. Anno 4 //. 5. O o Conefiabiti

&

proceed from the German Marfchalk, i. Equitum magi/ler, which Hotoman in verbis feudalists verbo Marchalkus, derived from the old Word March, fignifying a Horfe. Others make it of the two Saxon Words, Mar, i. equus, and Scalcb, i. pru' feffus ; or according to Verftegan, from Mare, the general Appellation of all Horfes, (as Horfe is now in and Scale, which in the anciEnglijh) ent Teutonik, he affirms, to fignify a Kind of Servant, as Scalco doth at this Day among the With us there be divers Officers of Italians. this Name, but one mod Noble of all the Reft, who is called Lord or Earl Marfhal of England, of whom Mention is made in divers Statures, 1 H. and 13 jR. 2. cap. 2. His Office 4. 7 &> 14. confifts cfpccially in Matters of War and Arms,
'

&c. The next to this is eifdem Marinariis Salutem. Paroch. Antiq. pag. ConejiaUll Marifcallo, the Marfial of the King's Houfe, whofe fpecial 322. to Britton, and Gwin in Spariota, A Shrine or Image of the Virgin Authority is (according Hie quoque fere perfecit pulcram Marithe Preface to bis Readings') in the King's Place to Mary hear and determine all Pleas of the Crown, and olam cum periinentiis.-Mat. Paris in vitis Abbatum in to punifli Faults committed within the Verge, and S. Albani.aufirali Ecclefi* parte, juxta noto hear and judge of Suits between thofe of the bilem Mariolam. Ibid. of him 99arifcus Is a Word ufed in Tiomefdny-Book, and King's Houfliould.&V. Cromp. Jurf- 192. 18 E. 3 fiat. z.c. fignifies Palm, or locus paludofus, a marihy or you may read F. N. B. f. 241. Stat. 2. c. 6. and 2 H. 4. 1 3. and di- fenny Ground. 7. and 27 E. 3. ^aritagio artiuTo per utfaltam Is a Writ for the verfe others Whoever defires to know farther of this Officer, and his Duty, may find it in Fleta,lib. Tenant in Frank- Marriage, to recover Lands, &>c. 2. c. 4. Gf 5. There be other inferior Officers of whereof he is deforced by another. Reg. fol. 171. this Name, as Marfhal of the Jufticesiw Eyre, 3 E. c. 8. aparieagio fo^tflfatto Is a Writ. See ForisfaBu1. 19. Marfhal of the King's Bench, 5 3. and this hath the Cuftody of the King's Bench ra maritagii, 95antagium, i. e. That Portion whjch is given Prifon in Soutbwark. F. N. B. fol. 251. And thefc So Glanvil ; In inferior Marshals be cither ad placitum, or in Fee. with a Daughter in Marriage. alio modo accipitur dos fecundum leges Romanas, fecunKitcbin, fol. 143. Fleta alfo, lib. 1. cap. 15. mentions a Marfhal of the King s Hall, whofe Office dum quas proprie appellatur dos, id quod cum muliere be prepared, to call out datur viro, quod vulgariter dicitur Maritagium. Lib. is, when the Tables both thofe of the Houfhould and Strangers, ac- 2. c. 18. to place Sparifagium, or $>arrtagp, Strifily taken, is cording to their Worth, and decently them, &Pc. There is alfo a Marfbal of the Exche- that Right which the Lord of the Fee had to to whom the Court com- marry the Daughters of his Vaffals after their quer. 51 H. 3. fiat. 1 J. mitteth the Cuftody of the King's Debtors during Death : Others tell us, it was that Profit which He might accrue to the Lord by the Marriage of the Term-time, for fecuring the Debts.

&

Cuftomers, they He hath all Inquifitions taken befhall account. fore Efcheators virtute officii, delivered unto him, to be re-delivered by him to the Treafurer's Remembrancer in the Exchequer. Fr. Maret, a Fen or fllga ret tum, (From the Marfh) Marfh-Ground, which the Sea or great Rivers overflow. Co. I Infi. fol. 5. a
alfo

affigneth Sheriifs,

Efcheators,

and ColleSors, their Auditors, before

whom

one under Age, who held his Lands of him by Knight's Service. This feems plain by the Statute of Merton, cap. 7. Maritagium ejus qui infra ttatem efi de mere jure pertinet ad Dominum

feodi.

SJSargiDUnum, Dover-Cafile. or Marriage, Maritagium, not only the lawful Conjun&ion of Man and Camvil ad opus genit* de Eufiacbia Wife, but alfo the Intereft of bellowing a Ward Willielmi fui primogeniti. Paroch. Antiquit. pag or a Widow in Marriage. Magna Cbarta, cap. 6. 182. and BraBon, lib. 2. cap. 3. And alfo it fignifies 9j>arifima HUipf'se, The Emolument arifing to Lands given in Marriage. BraBon, lib. 2. cap. 34, which Sheriffs from the
fl^ariagf,
this Signification the fame Author 39. And in faith, That Maritagium efi ant liberum, aut fervitio

H&ariragtum ()aberf, To have the free Difpofal of an Heirefs in Marriage, a Favour granted by the Kings of England, while they had the Cuftody of all Wards or Heirs in Minority. Mandatum efi Vice-Corn. Oxon. quod habere faciat Signifies TV. Com. Sarum, maritagium Filii Richardi de

the

King

colle&ed
miral.

cap. 7. num. 5, 4. Liberum maridicitur habere Maritimam Angliae. tagium dicitur, ubi Donator tiult quod terra fie data 3Ilarb, (Merca, from the Sax. libera ab omni feculari fervitio, quod ad quieta fit bominum feudi poffit pertinere, & ita quod ilk, cut Signum.) In ancient Time, I find
ohligatum,
lib. 2.

Sea, anciently but was afterwards granted to the AdPat. 8 Hen. 3. m. 4. Richardus de Lucy
;

&

Mearc,
a'

i.

Mark

of

fie

nullum omnino inde faciat fervitium Gold was eight Ounces. Stow's Annals, pag. 32 and was valued at 61. in Silver. Rot. Mag. Pip* ad tertium Jitcredem ufque ad quartum graufque See Skene de verb, fignif. verb. Marita- de Anno 1 Hen. 2. or, as others write, 6 1. 131 dum, &c. Char. Reg. fob. de dote B. Regime (quon gium, which (according toGlanvil, lib. 7. cap. \.) 4</. dam ux. R. Richardi.) Paten. 3 fob. m. 17. n. 31 is that Portion which the Husband receives with
data fuerit,

&

his

Wife. Sec Bower. Recipuit Mariagium fuum. Affignavintus ei pro dote fua mille niarcas argenti So Ecclefiam fanBi Nicbolai cum adjacente fundo in\ amuat tm > >?* 4^ computatis pro Marca. See 'Tis mcertam when it firft came fixed Mariagio comeffit. See Ofwald's Law, viz- Mar- {Marca. Matthew Paris tells us Placita fub H. 3. to this particular Value. riagc prohibited to Priefts. it was fo early as the Year 1 194, in the Life of Will- Maynard qui tenuit terras in Hurfi iognofcitfe that Abbatis de Abingdon, Qp tenere de eo in Guarinus, Abbot of St. Alba?:. Skene de verb, fignif. ejfe Villanum h That in TraBatu de ponderibus Villanagio &= per Villanas confuetudines, viz.. per fer-\v<" Mark, faith, vitium 1S d. per Annum, e> dandi Maritagium &\mtnfuris, * Mark fignificth anOuncj- Weight, or half a Pound, whereof the Dram is the eighth marcbetum pro filia forore fua ad voluntatem Ab' Part, as the Ounce is the eighth Part of a. Mark, omnes villanas confuetudines. batis,&
'

&

&

faciendo

JKUriOUmittt, Caermarthen. SgarinariUF, A Mariner, a Seaman. Marinariorum Capitaneus, the Admiral or Warden of the Ports, which Offices were commonly united in the fame Perfon ; the Word Admiral not coming into Ufe before the later End of King Edward the Firft, before which Time the King's Letters

citing Caffaneus de cenfuetud. Burg. Rub. prim. feB. Mark of Silver every 7. verb. Solz Turnoys.

Man

knows

is

now Thirteen

Shillings

and Four

Pence.
Q9flrfeP% Mercatus, May be derived from the French Marche, i. Emporium; it fignifies with us the fame Thing, and alio the Liberty or Privilege whereby a Town is enabled to keep a Afarket,

run thus

Rex Capitaneo Marinariorum

&

M
ket.
ic,

M
originally as

A
Signifying

Nat. Brev. fol. 149. So doth Brafton ulc lib. 4. cap. 46. where num. 6. he fhews, Thtu one Market ought to be diftant from another Sex Lucas Of dimidiam f*f tertiam whereof both he partem dimidm. The Rcafon and Fleta give in thefc Words, Quia omnei rationa. biles diet*, conflant ex 20 milliaribus. Dividatur ergo Diet a in tres partes, prima an tern matutina detur
Old.
/;*. 1.

cap. 24.

&

a^arquiff or ajdrquef*, Marcbio, Is now a Title of Honour next before an Earl, and next after a Duke ; by the Opinion of lbtoman, verb. Marchio in verbis feudalibus, the Name is derived from the German March, i. Limes,

much

as

Cufios

limitis,

or Comes &*

It was an antient Cuftom prtjettus limitis. among the Uri tains, and after them, of the Saxons, to

euntibus verfus incrcatum, fecunda detur

&>

vniiletid.ii,:

'

was, that in the Time of Richard the Second, firft the Title of Marqueffes, which is a Govcrnour of the Marches ; for before that Time, 128. fcS. Item refert. By the Statute 27 H. 6. 5. thole that governed the Marches, were called all Fairs and Markets are forbidden to be kept commonly Lords Marchers, and not Marquejfes, as Fcafts of the AfcenJudge Doderidge hath obferved in his Law of Noupon any Sunday, or upon the Ron of our Lord, Corpus Chrifti, or the AJfamption bility and Peerage, under the Title of Marquejfes, Marchioncs IVallU, viz. Rogerus de Morof our blefled Lady; All-Saints, or Good-Friday, pag. 5 1 de Roexcept for ncccflary Victuals, and in the Time tuo-mari, Jatobus de
erit expofuerint venales, qtiibus necejfaria in mercatu, & tertia pars rtlinquitur \prolixior redeuntibus de mercatu ad propria, &Pc. lib. 4. cap.

nifi fint forte

ad emendum give the Title of Reguli to all Lords that had the debet omnibus Charge and Cuftody of Marches and Limits. Sec qua quidem fuffuerc mcrcatores fiatarii, qui merces depo- Seldon's Mare Clauf. lib. 2. cap. 19. From hence it
;

fuerint

&>

mora

came up

Audeley, Rogerus

Clifford,

was cuftomary in former Times, gerus de Leyburtl, Hamo Extraneus &> ille de Turberthat mod Fairs and Markets were kept on Sundays villa, cum pluribus aliis, qui de hello pncdiHo de Levies and in many Places they arc ftill kept in the nuper fugerunt, &c. Matt. Weftm. in Anno 1264. Cuftom lb far obtained, that P a g- "5Church-yard. This aparra, A Garden Tool, A How or a Pick. though U was prohibited by fcvcral Kings, yet Viderts lathomum ivufitatum maras, />/>, we Tec by the Statute before mentioned it continued till the Reign of Henry 6. This Cuftom is fulcas bajulantem, terram fodientem, lapides fcindenmentioned in Mat. Pari/. Anno 1200. Nundinas tem, Qpc. Vita Roberti Bctun Epifcopi Hereford. i/ero Of Mercata Dominico die interdixit quod omnia apud Whartoni Angl. Sacr. Pars 2. p. 502. ut, diebus Dominicis per Angliam feri confueverunt, $9arr0to Was a Lawyer of great Account in Henry the Seventh's Days, whole learned ReadEt yalentper ings are extant, but not in Print. Lamb. EireSJ3arbet3elD, (reclius SParkftgClti.) an. le Strcteward & le Marketacld, xviii s. &P ob. narch. lib. I. cap. 10.
of Harveft.
It
;

Is the Court or Seat Market, the Word Zeld importing a Payment. I of the Marjhal, of whom fee Cromp.Jur. fol. 120. Plac. a[.ud It is alfo ufed for the Prifon in Southwark ; the find it elfewhere written MarkcthgaU. Reafon whereof may be, becaufe the Marjhal of Edw. 5. Cejlriam, ;i aj)ark-p{np, Every Inhabitant at Maldon, who the King's Houfe was wont perhaps to fit there in had Pipes or Gutters laid out of their Houfes Judgment, or keep his Prifon. Sec the Stat. into the Street, paid one Penny. Hill. 15 E. 1. 9 JR. a. cap. 5. and 2 H. 4. cap. 23. King Charles the Firft erected a Court by Letters Patent under Mr. Philips of Purveyance. J\arla ourabilio; (ft fimo. Eoquod fimus de- the Great Seal, by the Name of Curia Hofpitii lib. 2. Domini Regis, &C. which takes Cognifance more fcendendo, Maria afcendendo confumitur. Fleta, at of all Caufes than the Marpalfea could ; 76. cap. large of which the Knight Marjhal or his 4llarlbo;ough. See Cunetio. Deputy arc Is a Kind of Earth or Mineral, Judges. $$ar\f, Maria, which Men in diverfe Counties of this Kingdom a^arftltn, A Word ufed in Domefday-Book, and It caft upon their Land to make it more fertile interpreted by Mr. Agar of the Receipt of the is alfo called Matin. 17 E. 4. cap. 4. Exchequer, to fignify a Quantity of Coin, fed a5.irlErium or ifljjarletum, A Marie-pit ; Mr. Qutre. Deed by him, wherein is apartcrne*. See Furr. Dugdale hath an old mentioned this Word, Sciant, &Pe. quod ego Reg. JQarfial lata Is the Law of War, depending la Zcuch, dedi, &f- &* quod babeant on.nem liberta- upon the Plcafurc of the King, or his Lieutemarleriis nant For tem, &c. in bofcis, in plants, &c. in though the King in Time of Peace omnibus aliis lo.is ad pndiH. Manerium de Tonge never makes any Laws, but by common Confeut Et quod capiant marlam pro voluntate fua in Parliament yet in War he ufcth ablblutc fpeifant. ad terram fuam marland', &c. Reddendo, fiPr. Power, infomuch that his Word is a Law. Smith And elfewhere we may read Twenty Acras feme de Repub. Anglor. lib. 2. cap. 4. Sec Law of Arms. Marlatas, that is, marled Land. of many CofflBarfilagtunt, For Martyrilogium. Monaft. Tom. flJJarmOjiUS J&mnU0, i. e. Cloth Tunica de quodam panno marmorco fpijfo 2. pag. 322. lours. cum rotis #arfjn-o!ogp, 9?artt2oIogium, S^artilogium, grifonibus, &>c. Du Cange. : A Calendar or Regifter kept in our Religious Jllarquf From the Saxon Mearc, Signum ufe the Word in the fame Scnfe to this Day, Houfes, wherein they fct down the Donation of when we fay, Give fuch a Thing a Mark or their Bencfaftor*, and the Days of their Death, but in our antient Statutes it Signifies as that upon each Anniverfary they might commeSign much as Reprifals, as Anno 4 H. 5. cap. 7. where morate and pray for them. And therefore feveMarque and Reprifal arc ufed as Synonjma and ral Benefactors made it a Condition of their BeLetters of Marque arc found in the fame Significa- neficence, to be inferted in the Martyrology. See Reprifals, and fee So Ifabel Gargate required from the Prior and tion in the feme Chapter. Canons of Burcejler, for the Favours done to alfo Mar,btl. o a them
It fignifies

in omni terra pertinente ad Cod. MS. in Bibl. Cotton.

Honorem

de

Haulton.

Ex

3Par[baII.

See Marejbal.

Toll of the

SBarllialfca, Marefialtia,

&

We

them by her
vita,

felf

and Mother.

Cum

de bat

migraverimus, facient tiomina nofira fcribi in Martyrologio fuo. Paroch. Antiq. p. i 89. See Mr. Rennet's Gloffary. S^afagiutn, Anciently ufed for a Mcfluage. Ft unum Mafagium in villa de Maudone, &c. Pat. 1 6

JJ&afler of the &!n&',u gutters Is a Martial Officer in all Royal Armies, moft ncccflary as well for maintaining the Forces complcat, well armed, and trained, as alio for preventing of fuch Frauds as othcrwile may exceedingly waftc the Prince's Trcafure, and weaken the

cxtrcamly

Rich.

2.

par.

1.

many Mejfe-Preofi for the Parochial Minifter ; who was likewife fomctimes called Mejfe-Theyne, becaufe the Dignity of a Prieft in many Cafes was thought equal But when the to that of a Them or Lay-Lord.
Times of greater

Mufter-Mafter-General, Anno 35 Eliz. cap. 4. Matter of the JRutf, {Anno 2 Hen. 6. cap. 14.) SaffClE Is an Englifi Saxon Word, and fignifies Is now called the Warden a Merchant. of the Mint, whofe Of3lM810;iefr. Anciently in England every Secu- fice is to receive the Silver of the Goldfmiths, lar Prieft, iff Diftinction From the Regulars, was and to pay them for it, and to ovcrfee all the called a Mafs-Prieft, who was to Officiate in the reft belonging to his Function. or ordinary Service of the Church. JBafiet of ttie iJD,i{mancf {Anno 39 Eliz. cap. 7.) Mafs, of our Saxon Canons Is a great Officer, to whofe Care all the in Hence
Jftaffer,
Prieft.

m. 30.

Forces, &>c.

mentioned

Edw.

6.

cap. 2.

And

Superftition came on, the to thofe StipenMafs-Priefi was reftraincd Creatures, who were retained in Chandiary tries, or at particular Altars to fay fo many

Word

Mafles for the Souls of the Deccafcd. St&atlucua, For Mafticus, that is, a great Eater Non illicito Mafticus deleSabatur edulio. Leges H.
:

1.

cap. 3.
215aff , Glans. Glandis

nomine contitientur glans, caedi Qr> pafci ftanea, fagina, ficus & alia queque qua poterunt prtter herbam. BraSon, lib. 4. p. 216. See
Pejfona.

Ordnance and Artillery is committed. Matter Of the Stiffs Was an Officer of the King's Court, that had the Appointing, Placing, and Difplacing of all fuch through England as provide Pojl-Horfes, for the fpeedy paffing of the King's Meflages, and other Buiincfii, in the thorow-fair Towns where they dwell; as alfo to fee that they keep a certain Number of convenient Horfes of their own, and when Occafion is, that they provide others whercwich to fumiffi fuch as have Warrant from him to take PoftHorfes, either from or to the Seas, or other Borders or Place within this Realm : He likewife hath the Care to pay them their and

King's

JBafler of

tfje

U rmo?j>

{Magifter

Armorum
,

&

Armatwra Regis) Is he that hath the Care and Overfight of his Majefty's Arms and Armory and mentioned 39 El. ca. 7. His Fee is 200 Marks per

Annum.
U&affer of
tfte

tfourt of {HUarDe a"&

^itotriefi

the Chief Officer of that Court, named and JEtafter Of the iSolIfl {Magijhr Rotulorum) Is an affigned by the King; to whofe Cuftody, the Seal of the Court was committed, &>c. Anno 33 Hen. 8. Afliftant to the Lord Chancellor of England in the But this Court, with ^the Officers and High Court of Chancery, and in his Abfcnce hcarcap. 33. Appurtenances thereof, is abolifhcd by 1 2 Car. 2. cth Caufes there, and gives Orders. Crompt. fur, His Title in his Patent is, Clericus parv<e fol. 41. cap. 24. JBafffr Of tl)t 5faCUltl'E0 {Magifter Facultatum) Bag*, Cuftos Rotulorum, Qp Domus Converforum ; beIs an Officer under the Archbifliop of Canterbury, caufe the Place where the Rolls of Chancery are now who grants Licences, and Difpenfations; and is kept, was anciently the Habitation of thofe mentioned 22 & 13 Car. 2. Statute for laying Im- Jews, who were converted to Chriftianity : But thofe Converts gave thcmfelves up to all Senfuapofitions on Proceedings at Lnw. SPaSer Of the I$P2fe Is he that hath the Rule lity and Wickednefs, and therefore Edw. 3. Anno and Charge of the King's Stable, being an Office regni fui 51. fupprefled them, and gave the of high Account, and always bellowed upon Houfc for the fafc Keeping of the Rolls of all fome Nobleman of great Merit, and is mention- Patents and Grants which pafs the Great Seal, ed Anno 39 Eliz. cap. 7. and I Edw. 6. cap. 5. and the Records of Chancery. He is called Clerk This Officer, under the Emperors of Rome, was of the Rolls, Anno 12 Rich. 2. cap. 2. and in Forcalled Comes facri Stabuli. te/cue, cap. 24. And no where Mafier of the Rolls, H&atter Of the Ifietaei Ootlfe Is an Officer in untill 11 Hen. 7. cap. 20. And yet, cap.zy Ejufthe King's Hqufliold, of great Credit, having dem, he is called alfo Clerk. In which Refpecl, Charge of all Plate ufed for the King or Queen's Sir Th. Smith, lib. 2. cap. 10. fays, he may not Table, or any great Officer in Court ; and of all unfitly be called Cuftos Archivorum. He hath the Plate remaining in the Tower of London, of Chains bellowing the Office of the Six Clerks, and the and loofe Jewels not fixed to any Garment. Anno Clerks of the Petty-Bag, Examiners of the Court, and the Clerks of the Chapel. Anno 14 39 Eliz. cap. 7. See Roll. SBaflcr of the fcino.'0 ^oufhoulD, {Magifter &> 1 J Hen. 8. cap* 1 Is otherwife called Grand Hofpitii Regis) fatter Of the ITemple, The Founder of the Mafter of the King's Houjhold, and is called Lord Steward of Order of the Templars, and all his Succeflbrs, the King's moft Honourable Houjbold. Anno 32 Hen. were called Magni Templi Magiftri, and probably But Primo Maria, and ever fince, from hence he was the Spiritual Guide and 8. cap. 39. he is called Lord Steward of the King's Houjhold ; Direflor of the Temple. Ever fince the Difioluunder whom there is a Principal Officer of the tion of that Order, he is called Mafier of the Houfhold, called the Mafier of the Houjhold, of Temple. great Authority, as well as Antiquity.

Was

accordingly as he mall think meet : This Officer is mentioned Anno 2 E. 6. 3. But by a Statute made 12 Car 2. 34. One General Letter-Office or Poft Office is fettled in London, the Matter of which is appointed by the King by Letters Patent, with Rates and Rules preicribed in the Aft for Carriage of Letters. But the faid Rates and Rules have been fince altered by Stat. 9 Ann. cap. 10.
<-.

make them Allowance

Wages,

#affer

MA
:

fl!9al!fr Of tl)t SllarDjObr {Magifter Garderoba) Is fljhrrir <gcrtffl.<\ The Mothcr-Cburch, cither a great Officer in Court, who had, till the hire of a Cathedral Church, in refpeft of the Parochial London, Anno 1 666. his Habitation belonging to within the fume Dioccfe : Or a Parochial Church, that Office, called the Wardrobe, near Puddle- in refpeft of the Chapels depending on it. Wharf in London. He has the Charge and Cuftofitter ill Ufeo, and tfjj.crer of liecOiO, Are dy of all former Kings and Queens ancient faid to differ thus In Old Nat. Brev. fol. 19. MatRobes, remaining in the Tower; and all Hang- ter in Deed fcems to be nothing clfc but a Truth He to be proved, though not by any Record And ings, Beddings, &V. for the King's Houfcs. has alfo the Charge and Delivery out of all Matter of Record is that which may be proved Of by fome Record For Example, If a Man be Velvet or Scarlet allowed for Liveries, Sfc. this Officer Mention is made 'Anno 39 Eliz.. fucd to an Exigent, during the Time that he was in the cap. 7. King's Wars ; this is Matter in Deed, and
: :

Rafters Of t()f Chancer J>, Magiftri CamellarU, not Matter of Record : And therefore he that will Are Afliftants in Chancery to the Lord Chancellor, alledgc this for himfclf, mull come before the or Lord Keeper of the Great Seal, in Matters of Scire facias for Execution be awarded againft Judgment. Of thefc, there are fbme Ordinary, him, for after that nothing will fcrve but Matter lbmc Extraordinary : Of Ordinary there are Twelve of Record; that is, fome Error in the Procefi ap(whereof the Mafter of the Rolls is accounted one) pearing upon Record. Kitchin, fol. 216. makcth a whereof fbme fit in Court every Day in each Difference between Matter of Record, and a SpeciTerm, and have referred to them (at the Lord ality, and nude Matter; where he faith, That Chancellor s, Lord Keeper's, or Matter of the Rolls's nude Matter is not of fo high a Nature as either
Dilcretion)

Interlocutory

Orders,

Mai and Gre, i. iniquo animo fo that it is as or Whip. Indigena cum dorfis much as to fay, with an unwilling Mind, or in jugum, CJV. failures : Gildas Defpite of another, and fo it is ufed in Lit. Se9. de excidio Britan. Sometimes 'tis taken for a 6jz. Where it is faid, That the Husband and Wife mail be remitted, maugre the Husband, Girdle. i.1f)aCMU0, A great Dog, A Maftive. Fr. Ma- that is, in Defpight, or againft the Will of the Rex prtcepit quod expeditatio maftinorum Husband. Jlin. fiat , ubicunque fert, fux, pacem habent', vel habere conSfymm, A foft brittle Stone in fome Parts of which the Inhabitants call Maum Dr. fueverunt. Affifa Forcfbe Itin. 11. Artie. 6. Oxfordjhire, Maftini per omnes Foreflas AnglU occidun- Plot'i Nat. Hi ft. of Oxfordshire, pag. 69. The Saxon Canes tur Hen. Knyghton, /. 2. c. 1 5. Interpreter of Orofius, ules the Word Maalm-ftan, And in dJ9ifura, (Fr. Mafure") An old decayed Houfe which Mr. Somner renders Soft-ftone. In Northumberland they ftill ufe the Word Maum or or Wall, the Ruins of a Building. Burgo fuerunt 118 Mafurae, reddebant 4]. as. Mourn, for foft and mellow. 59aunO, A Kind of great Basket or Hamper, Domefday. or two Fats. See the ttrrae. Sunt in eifdem mafuris 60 Do- containing eight Bales, i!lj).lft!ra nms plus quant ante fuerunt. Domefday. In Fr. Bool of Rates, fol. 3. fl^aun&p HTlnirfoap, The Tburfday before Ea Mafure de terre is a Quantity of Ground, confo called from the Fr. Mande, Sportula, becaufe taining about four Oxgangs ; with us it is taken fter, for Domicilium cum fundo, vel pro fundo cum domici- on that Day it was a Cuftom to give larger Bounlio competent i. ty to qhofe poor Men whofe Feet the King warn SBDuiTU?, A great Beam, or Timber fit for ed. ^aitnigftJlUltn, An old Sort of Broth or PotBuilding. Dedi illis Materiam fip ligna ad omnia ad Homos fuas tdifkandas. Monaft. tage. Robertas Agyllon tenet unam carucatam terra in r.eceffaria fua, 1 Tom. Adington in Com. Surrei per ferjantiam faciendi pag. 821. unum ferculum in olla lutea in coquina Domini Regis i. e. A Carpenter. iBJ).itci"iacus,
;

computing Damages, and the like ; taking of Oaths, Affidavits, and Acknowledgements of Deeds and Recognizances. The Extraaft in all the Country Ten Miles ordinary do from London, by taking Recognizances, and Affidavits, Acknowledgment of Deeds, &>c. for the Eafc of the Subjeft.
Accounts,
iiM.iCigia, Maftigias, cervicibut

for ftating Matter of Record, or a Specialty, other wife there called Matter in Deed; whereby it fcems, That nude Matter is a naked Allegation of a Thing done, to be proved only by Witncffcs, and not either Record or other Specialty in Writing under Seal. Sflljaugre Is a Compound of two French Words,

A Rod

&

&

'Tis men- die coronationis fux, &> vocatur Dtlligrout, (if ft ^.titlinelluui, i. e. A Breakfaft. fit tioned in a Cuftomary of the Priory of Lewes in Segm. (fagimen) in illo ferculo locatur Maupigyi- An. 39 H. 3. Mr. Blount of num. Tenures, p. 1. Sujfex, fol. 18. Lameti falcabant pratum domini cum Ad flaiimfl in iialo Arc Pofitions and Thefes, corredio tali, i. e. with fuch Provifion or Food. Matitunellum fane, ordeo cafeo, ad nonam potagio being Conclufions of Reafbn, and univcrfal ProA double Quantity of pofitions, fo furc and perfeft, that they may not duplici companagio, i. e. be impugned or difputfed. For Co. Bread and Eatables. upon Lit. faith, A Rcgifter. As in the Ancient That Principia probant, non probantur, and therefore filjhltncula, Church there was Matricula Clericorum, which was contra negantem Principia non eft difputandum: It is a Lift or Catalogue of the Officiating Clergy : another Maxim, That as no Eftate can he vefted in And Matricula Pauperum, which was an Account the King, without Matter of Record, fo none can be of the Poor to be relieved. Hence to be entrcd devefled out of him , but by Matter of Re,ord. For in the Rcgifterof the Univerfity of Oxford, is to Things are diflblvcd as they are contraftcd. Co. be matriculated, &c. Rep. 1. Cbolmeye's Cafe. Another, That an ObliS^.itrimOinuill Is fometimes taken for the In- gation^ or other Matter in Writing, cannot be dif barheritance which defcends to a Man ex parte Matris, ged by an Agreement by Word. And Argumentum ab viz. Cum omni htreditate Patrimonii Matrimonii authoritate fortiffimum eft in Lege. Co. on Lit. pag.

&

&

&

fui,

&c.
i-

141.
e.

It

is

alio a

Maxim, That
and

// a
the

Man

mn

Gfyrttitis,
Signifies

Godmother.

Sometimes

it

Ijjue,

two Sons by

divers Venters,

or.t

of tbem
pur-

a Mother-in-Law.

tffue, SlSfiiruring^onfj', That certain Letters Papurchafe Landi in Fee, Brother paU never he his Heir, &Pc. See Co. on Lift, tent, whereby fome Pcrfon exa&cd of every Cloth made, certain Money, befides ii. 144. And fee alfo DoBor and Student. fol. Alnage* Is the Chief Magiftrate of a City, culled the Meafuring-Money, may be revoked. Rot.

anil die

without

the other

aS^iVOX

and anciently among the Britain* called Meyr, Pari 1 1 H. 4. which is derived from the Britifls Word Miret dJ^Clts, Northumberland. which fignifies Cafiodire, to keep and preferve ; SpeOPlia, A certain Meafure or Quantity of and not from the Latin Major, greater. Anno Land, but how much non confiat : 'Tis mentioned the Bailiff of in Mon. Angl. 2 Tom. pag. 132. 1 189. Richard the Firft changed A Mead-Houfc, or Place where London into a Mayor, and by that Example 1204. fllJ)cDeria, Robertus AbKing John made the Bailiff of Kings Lyn a Mayor, Mead or Methcglin was made.
;

while Norwich obtained not that Title till the bas Glafonia tempore Hen. 2. remijit fuis Monacbis Seventh of Henry the Fifth 1419. See more of ceram met, qua de mederia percipere folebant ejus Cartular. Abbat. Glafton. MS. this Word in Spelm. Gloff. Anteceffores. fol. 29* Hence Medarius, the Mead-tnakcr. Sty^trt, 41j)a3arimi, A Drinking-bowl. unum falarium argenteum, Salva penfione decern marcarum, quas idem Prior teneAbbas reliquit

&

Ipfe

de Mazc- tur folvere quatuor officialibus Glaflon. videlicet Hojiipicarium argenteum, item quatuor c'rphos 1 Medario. Cartuduos cum pedibuSj&c.CartwlAr. Glafton. liario, Infrmario, Gardinario, re, -videlicet, a. What this Mazere was, of which lar; Abbat. Glafton. f. 29. MS. fol. 54. the Bowls called commonly Mazers were made, fllpeOfeP. The Saxon Dictionary interprets it to on by Authors. Somner thinks it be a Bribe or Reward ; it alfo is riot that

&

Marrhine- Compcnfation given in an Exchange, where the I believe it was what we now call Por- Things exchanged are not of equal Value ; as in ftonc. cellane. 4 E. 3. Hoc fcriptum fall. 10 die Dccemb. inter Are certain Rents ftill fo called, Dominum Hugonem de Courtenay ex parte una &> Sfyc&lC rtT\tB but now paid in Money, which heretofore, by Rich. Stanlake, &> Johanna m uxorem ejus, ex alfome Tenants, in the Honour of Clun, were tera parte, teftatur, quod idem Dominus Hugo in exfor the Lord's cambium remijit, &c. and at laft it follows, paid in Meal, to make Meat Hounds. Quod ipfl non dabuntMcdfce. See Aurura. Shelves of Sand or Banks on the e. Men i$>eDise f lafinise manus ljomne, StyfsiS, The Sea-Coafts of Norfolk, are called the Meals and of a mean and bafe Condition, otherwil'c called Men of low Fortunes Et plures mediae manus quot the Males. 3cat1, Medius, Signifies the Middle between ex juftis caufis Rex exharedaverat. Radulfus de Diceto. two' Extreams, and that either in Time or Dig- Anno 1 1 1 2. So, Duos milites media: manus homiFor Example of the Firft, His A&ion was nes, &"c. infima; manus homo is a Man of an innity. mean betwixt the Diffeifin made to him and his ferior Condition.

agreed
;

fignifies

Maple-wood

Du

Frejne

believes

it

/'.

Recovery, that
ally

fay,
is

there

as we ufuis, in the Interim, (or lUeuiamne, the mean Time.) Of the Second, of the Water Lord Mean or Mefne, (mentioned in the
in

little Ifland,

/.

e.

in the

middle

Statutes of Amortifrng Lands, and Tenant. Sec Mefne.

made

tempore

1.)

Die Rivos,

latices, puteos, die

Stagna, paludes

Scemeth to come from the Stye aff , Meffuagium, French Maifon, or rather Meix, which Word you read in Caffanaus de Confuet. Burgund. pag. and interpreted by him Manfus. What 1 195. Manfus is, fee Manfion : It fignifies a Mefluage or B. Dwelling-Houfc. Kitchin, fol. 139. and F. N. and 21 H. 8. 13. 2. Stat. Hibcrniae, 14 H. 3. fol. In fome Places called corruptly a Mife or MifeSee Mife, and Mefe, and Mefuage.
place.

Dei;

French Maifon de dieu, Domus Houfe of God, A Monaftery, religious Houfc, or Hofpital ; the Word is mentioned M. cap. 23. 39 Eliz- J- and 15 Car. 2 3 P.
iSiijcafOllsoUP, In

StyiaUlt.

Sec Mefne.

&

&

2.

7.

According to the 25th Menfura, of Mag. Chart. And the Stat 17 Car. 1. Chapter All Weights and Meafures in this Kingcap. 19. dom ought to be the fame, and according See 4 Infi. 273. and to the King's Standard. 3. Which Menfura. See the Stat. 22 Car. 2. cap. Standard is called in our Hiftorians, Menfura R?and was always kept in the King's Palace ; galis, and all other Meafures were to be made after the
Slj)eafuTf,

fame Manner, and in every City, MarketTown, and other Villages, it was kept in the
Churches.

Amnis jungatur, a quo Mediamnis vocitatur. fll^fDianue, i. e. Of a middle Size, Medianus homo, a Man of a middle Fortune ; Medianus Bos, an Ox of a middle Price. Styt Diatom of jfiaueffionfl, Anno 27 E 3. Stat. 2. c. 24. Were fix Perfons authorized by that Statute, (who upon a Queflion rifen amongft Merchants touching any unmarketable Wool, or undue Packing) might before the Mayor and Officers of the Staple, upon their Oath certify and fettle the fame ; to whofe Order therein the Parties were to live Credence without any Contradiction. fllprtuetaH lingua: Signifies an Enqueft empanelled, whereof the one Half confifts of Natives or Denizens, the other Strangers and is ufed in Pleas, wherein the one Party is a Stranger, the other a Denizen. See the Stat. 28 Edw. 3. cap. 13.27 ejufdem, Stat. 2. cap. 8. and S Hen. tf. Before the Firft of thefe Statutes was cap. 29. made, this was wont to be obtained of the King by Grant made to any Company of Strangers. Staundf. PI. Cor. lib. 3. cap. 7. and is called a Party- Jury. Anno 14 Car. 2. canp. II. Solomon de had a Caufc tried before the Stanford, a few, Sheriff at Norwich, by a Jury of Sex probos legates homines &> fex legates Judaos de Civitate Norwici, V. Norf. Pafch. 9 Edw. 1. Judajorum Rot. 4 &
;

&

5.

in dorfo.

^eafurer. am Norton,

^cquietanoo Is a Writ Judicial, to Lord for the Acquitting a mean Lord may be fworn to occupy his Office of Meafurage truly and from a Rent which he formerly acknowledged &c. Articles exhibited to in Court not to belong to him. Reg. Jud. fol. 29. indifferently, upon Pain, the Lord Mayor of London, &c. by the Com4 mons of the City, ttmpore Hen. 8.
See Alneger.
Alfo that Willi-

common Meter

of Woollen- Cloth,

fl^eoio diftrain a

^rttterranfan I s tnat which pafleth through the midft of the Earth. And for chat Reafon the Sea which ftrctcheth it fclf from Weft to and Africa, is called Eaft, dividing Europe, Alia, The Mediterranean Sea ; It is mentioned 12 Car. a. in the Statute of Tonnage. flWetnutn 37rmpu0 Was of old taken to fignimedium diem fy the mean Profits, as Annum, Sec Flem. tempus. Crom. Juftice of Peace, fol. 193. Is jflpetlDleff, that which BraBon callcth Medletum, lib. 3. tract.

H0ema\0, As menial Servants, (a Derivative from Moenia, fignifying the Walls of a Houfc,
or
is,

other Place,) are Houfhold-Scrvants, that within the Walls of their Matter's Houfe, mentioned in the Stat. 2 H. 4. ai.
liich as live

Stye nfa,

By

this

Word

is

comprehended

all that

&

Patrimony, or Goods and Neccffaries for our Livelihood ; Dominium eft propr-e terra ad menfam
afftenata.

2.

cap.

35.

It

fignities

Quarrels,

fcuffling

or

brawling,
Mejler,

and to be derived from the French

dicitur quam quit inopinate i. mifcere. Culpa commiferit non rixando folum &P pugnando,fed immif cendo fe pacifice rei cuivis vel negptio, faith Spelman. Hence our ufual Phrafc, To meddle with other Folki

iKcnfalia Were fuch Parfonagct or Spiritual Livings as were united to the Tables of Religious Houfes, and were called Menfal Benefices amongt the Canonifts. And in this Scnfc it is taken whea we read of Appropriations ad Menfam fuam.
QjJeilfifl toerituj?,

tum capras cum fua feBa per Mum annum tarn in menfe vetito quam alio tempore, &V. Pla. Pari. lS E. 1. See Fcnch-monetb. Buftnefs. lib. 3. cap. 35. i. e. A fudden flSeilfura, In a legal Scnfe is taken for a Bufliifljjtiilfta. BraBon, a Buihcl of Corn. So in cl, as Menfura Bladi, fcolding at, and beating one another. A Harveft-fuppcr, or Entertainment the Regifter of the Priory of Cokesford, it is ufcd to SfyiOtppPt the fame Purpofe, viz. Prior habet menfuras tarn at Harvcft-homc. given to the Labourers
In manerio de Stivcton Com. Berk, quando Tenentes aridorum metunt terras Domini habebunt tonvivium quod vocatur &P quod Medfypp, QP dabunt Domino unum exhennium de eas. duabus lagenis vini p una Auca
Placit.

Habuit inprtdiclo

bofco cen-

quam

nullits

liquidorum fignatas ftgno Domini Regis, debet vendere nee emere in foro nift per

9 Ed.
Britons

1.

fttre,

flfjpnfura fiegalifl, kept in the

The

King's Standard mea-

^fDlXW.
;

See Vaga. It was called Vaga the Saxons added Med.

by the others are to Vide Meafure.

Exchequer, according to which all be made. Sec 17 Car. 1. cap. 19.

Mcer, Merus, Though an Adjective, yet is ufed as a Subftantive, to fignify meer Right. Old Nat. Erev. fol. 2. in thefe Words. This Writ hath but two Iflucs, viz joining the Mife upon the Meere, and that is to put himfelf in the Great AJftfe of our Sovereign Lord the King, or Sec Mife. to join Battel. See Magbote. fi^C^bOte.

jliEler or ,#}tre : Words whichbegin or thofc Syllables, fignify fenny Places.

end with

iBera
bas

noctlfl,

Midnight.

Hcrlewinus Ab-

unguine delibatus in mcra noftis diem clauftt extremum. Cartular. Abbat. Glafton.
Glafton. facro
fol. 10.

MS.

apercanDifa, All Goods and Wares cxpofed to Sale in Fairs or Markets-/ omnibus burgis QPviUatis noMenagium, French Mefnie, As the ftris&f etiam infingulis Nundinis SP Mercatis noftrislifijjeinj', That is, the King's berevaleant emere vendere omnes Mercandifas King's meiny. 1 R. 2. cap. 4. abfq; ullo theloneto feu Family or Houfhold Servants. ftaUagio. Paroch. Antiq. pag. 311. From the Saxon And therefore the Word Mercator was not re: e. i. :Qj)Clua, Manifejlatio ftrained, as it feems now to be, to Merchants or Melda, i. e. proditor, pecans ticinittm, Camis oppa, bolan hornum, borum trium fingulum eft unum folidum Traffickers in Foreign Commodities, but extend-

&

valeni, fiP unumquodijne reputetur ao. nifeftatio. Leg. Inse, cap.

Melda,

I. e.

Ma- ed

to all

Sons of Traders, or Buyers and Sellers. Omnes homines &> Mercatores honoris de

due Walingford. ibid. iil9elDftor, The Reward and Rccompence p. 113. And therefore and given to him that made the Difcovery of any if the Scotch call their very Pedlars Merchants, Breach of penal Laws committed by another. they keep the primitive Ufe of the Word. The Promoter or Informer's Fee. See the Saxon SfyerctMB, A Mercer. Concejft Qp conThomse de Brandon Civi & Merceio Lonfirmavi Dictionary.

See Tales. Mudon, tenementum, Qpc. a8 Edw. apeliOtfjJ. 2eltU0 inquirenuo Is a Writ that lieth for a nimenta Coll. SS. Trinit. de Pontefrafto MS. fol. fecond Inquiry of what Lands and Tenements a Man died feifed, where partial Dealing was fufJftertennariUflf, A Hireling, a Servant. Ego btcredes met Qp libera familia mea ad capellam pe&cd upon the Writ of Diem clauftt extremum. de Afcote oblationes deferemus ; Mercennarii veto Qp Fitz.. Nat. Brev. fol. 255. ^emo?isE, Monuments or Sepulchres of the Tenentes met de Afcote &P famuli eorum adibunt Dead. Qui conveniunt ad vigilias noBis in vigiliis ipfam capellam. Cartular. Abbat. Glafton. MS. f 1 1 5 SanBorum ad eorum Eccleftas vel memorias vel ad exJiirrrlienlage Is one of thofe three Laws out Rob. Grofleteft apud of which the Conqueror framed our Common "Laws equias defunBortim. Epift. with a Mixture of the Laws of Append, ad Fafciculum, p. 515Normandy, and Remembrances was the Law of the Mercians, when they governsn^v'mojlCH Arc fome Kind of or Obfcquics for the Dead, in Injunctions to the ed the third Part of this Realm. For Cambden in his Britannia, pag. 94. &>c. faith, that in the l E. 6. Clergy, in Tri- Year 1016. this Land was divided into three u^enagiutn, A Family: *Tis mentioned vet's Chronicle, tag. 677. and in Walftngham, nag. Parts, whereof the Weft Saxons had one, govern 66. Ftdelitatem Homagium, ratione terrarum quas ing it by the Law called Weft Saxonlage. and that etiam ratione menagii, &c contained thefc nine Shires, Kent, Sujfex, in regno ncftro tenebant Surrey,

3.

&

&

&

vobis reddimus,

&*c.

Berkjbire,
I

flWentium In old Charters fignifies Damage, ft and Devon Shires. The Second by tlic Dfi, Du which was ruled by the Laws called Danelage, unde rucndum exire dtbeat, &Pc. fecerit aliquid and that contained thefe Fifteen Shires, Tort, Cangc.
\

Htmpftiire,

Wiltjbire,

Somerfet,

Dorfet,

Derby,

and therefore not abfurdly drawn Derby, Nottingham, Lekefter, Lincoln, Northampton, fuperior Lord, Middlefex, from the French Maifne, becaufe his Tenure is Bedford, Buckingham, Hertford, Effex, and Huntingdon. The inferior and minor to that of which he holds. Norfolk, Suffolk, Cambridge, Third was poffeffed and governed by the MerciQpetnt Alfo fignifics a Writ, which licth where there is Lord, Mefne, and Tenant. The Tenant ans, whofe Law was called Merchenlage, and held thefe Eight, Warwick, holdeth of the Mefne by the fame Services, Glocejler, Worcefter, Hereford, and Stafford. Out of thefe whereby the Mefne holdeth of the Lprd; and the Oxford, Chefier, Salop, three (which relate not at all to a different Law, Tenant of the Mefne is diftrained by the fuperior of Amercia- Lord, for that his Service or Rent which is due Cufiom, or TJfage, but to feveral Sorts and Fines, for the Tranfgreflion to the Mefne. Fitz. Nat. Brev. fol 135. 13 E. 1. ments, MulBs, of one and the lame Law,) as we faid, withfome cap. 9. #ffnaltj>, Medietas, Cometh of Mefne, and Additions, was framed that which we now call, The Common Law of England. fignifics nothing but the Right of the Mefne, as Fine or Compofiti- the Mefnalty is extinct Old Nat. Brev. fol 44. if ^iTCl)ft, GQevctietum, on paid by inferior Tenants, to the Lord, for the Mefnalty defcend of the Tenant. Kitchin, fol. For farther Understanding whereof, take Liberty to difpofe their Daughters in Marriage. 147. his thefe Words out of the No or Tenant could of

marry military Cuftumary Normandy, Daughter and Heir, without fuch Leave Medietate tenentur feuda, quando alia.ua perfona interveneritDominum e> tenentes ; Et hoc modotenent omnes purchafed from the King, fro Maritanda Filia. And many of our fervile Tenants could neither Poftnati, mediante ante-nati. fend their Sons to School, nor give their DaughMctCmuB, From Meffe, is the chief Servant in ters in Marriage, without cxprefs Licenfe from Husbandry, now called a Bailiff in fome Places, the fuperior Lord. See Mr. Kennet's Glcjfary in whofe Office is to look into the Grounds to fee that no Damage is done. We read it in the MoSee Marchet.
Baron,
fole

Maritagium.

'.jjjercia Is

ufed in

many

Places in the Monaftic-

nastic.

2 Tom. 832.

conceffit, Qpc.

fratribut in Bere-

for Amerciament.
fljjrrcimoniatufl aingft*

Was of

old

Time

ford habere 6r.

fuum proprium imparcum

Signifies

& Meffarium,

ufed
dise.

for the Impoft of England

upon Merchan-

Meffarius Alfo
Fleta,
lib.

Mower

or Harvcftcr.

2. cap. 75.

apeffmijeT rf rtje (fcrchequer Is an Officer in Arbitrament that Court, of which there are four, who as Puror Difcretion of the King, Lord or Judge, in pufuivants attend the Lord Treafurer, to carry his nching any Offence, not direSly cenfured by Letters and Precepts. Sec Purfuivant. the Law As to be in the grievous Mercy of the StyeSe Cljane Signifies a Prieft. The Saxons King. 1 1 H. 6. 6. is to be in Hazard 01 a great called every Man Thane, who was above the Penalty. See Mifericordia. common Rank ; fo Meffe Thane was he who faid i^erenntum, fl^erannum, ^erremitim, ajJeres Mafs; and Worules Thane, was a fecal ar Man of mium, flj)aeremium, Fr. la Merrien, and Marren, Quality. Any Timber or Materials of Wood for Building. ^effetoegen, I. e. Presbyter. In Marenno empto apud Curtlyngton cum ffljjelfina, Et Reaping Time, Harveft. carriagio ejufdem pro coUiflrigio apud Dadyngton de autlihet hida terr* debet in Autumno tres preces ad novo faciendo. Paroch. Antiq p. 557. Vetus Meffinam cum 080 hominibus ad cibum Domini, Qp deMerennum was the refufe Wood, or old Pieces bent cariare quod tnetunt fine cibo. Cartular. Abbat. of Timber and Boards left among the Rubbifh, Glafton. MS. f. 40. after Building, or Repairing, or sJOfffltagf , Meffuagium, Is properly a Dwellingpulling down of J Houfes. Houfe, with fome adjacent Land aligned to the ^crfcum, A Lake, from the Saxon Mere, U(e thereof. Weft, part 2. Symb. Tit. Fines, SeB. Lacus: Maneria, Molendina, Merfca, & Marifca. 2.6. Bratl. lib. 5. cap. 28. and Plowden, fol. 169, 1 70. Where it is faid, That Ingulph. p. 8<Si. by the Name of a flerfesjaiarf, (Sax. IncoU Pallidum) So the Meffuage may pals alfo a Curtilage, a Garden, Inhabitants of Romney-Marp in Kent were anci- and Orchard , a Dove - Houfe, a Shop, a ently called. Mill, a Cottage, a Toft, a Chamber, a Cellar, fl^erfO^eflf. i.e. Divers. Matt. Pari/. An. 1191. &Pc. yet may they be demanded by their fingle Tandem a Regis Richardi merlbribus ipfam fubtus Names. Meffuagium in Scotland, Signifies the aquam invadentibus, &>c. principal Place or Dwelling-Houfe within a which we call a Manor- Houfe. Skene de SBf erflage Seems to be a Corruption of, or a Barony,
Sfytxpp, Mifericordia, Signifies the
:

Law-French Word for Martyrology. Vide Hill. yerbo. fignif. verb. Meffuagium ; In fome Places it is called the Site A Precipe lies of a Manor. 9 Hen. 7. fol. 14. b. For it being asked what was meant by Mertlage, the Book fays, Ceo Kalender not de domo, but de meffuagio. Coke on Lirtl.
ejl

TJniverfal in

V Eglife

de

font

lies d'

obferve

eft

Realm,

we pluis.

lex c/ueux Priefts

8.
fif)effiln,
is,

cap.

Church-Kalendar

Mefline,

or Rubric.
)j)efrl)tri.

Wheat and Rye mingled

or rather Mefceliane, That

together.

See Mifchinus.

Et nonam garbam frumenti, meftilonis,

&

filiginis

omnis generis hladi. Pat. 1 E. 3. par. 1. m. 6. $$de (from the Greek M[env, i. e. Medium, So apeffllun. Duas acras concefft de dominiLat. AUftigiumf) of Herrings is five Hundred, the co meo ejufdem manerii, fcil. unam acram de frumento Half of a Thoufand. SccMeafe. alteram de Meftilun. Cartular. Abbat. Rading. Sfytfkmmqn. Sec Mhkenning.

&

MS.

be deduced 3)perercyn, A Mcafure or Portion of Corn, gifrom the French Maifne, i. minor natu, and Signi- ven out by the Lord to fome euftomary Tenants, that is Lord of a Manor, and To hath as a Reward and fies him for their DuTenants holding of him ; yet himfclf holds of a ties of Work and Encouragement Labour. Sthendia MctteMedius.

Sfyiin or Sfyctfn,

fol. 59. a.

May

&

corn,

M
pag. SWftlligiU',

MI
Conveyance*

flIS-llitia. In Militia corn, ac cetera debita fervitia in monaflerio prtditto approlatus, One who twice or oftner fohaxtur. Rylcy's Flap. Pari. f. 591. approved himfelf in Miliary Servi es : Clbl gahlum feu vecligal, A Rent "Tis found in Jeoffrey of Monmouth, lib. 4. fljj)irtfli?\)el, cap. as well Ipaid in Victuals, a Thing ul'ual of* old, with the King's Tenants as others, till Henri the Jjpillcafe, {Anno 7 Jac. cap. 19.) A Trench to Firll changed it into Money. Taylor's llijl. of Ga- convey Water to or from a Mill: Reel mi, a An ufual Word in Milleat. 118. in Develkind,

A Kind

of Drink

"Twas Herbs, Spice and Honey boiled together Hlpum, A Corn-mete or Meafure of different an old Britifb Drink, and (till continues from Quantity, according to the Things meafurcd by John de Wefierham, Prior of Ro.hefler about Wales, in Repute in England, and mentioned in it. the Year 1320. gives this Account ot it . the Act: for Excifc. 5 Car. 2. 9. A Mcafuic, moft likely a Gallon: Menfura ad frumentum, &> ad bladum, &> ad pifa flj^itf, Not Hcnricus Burgh Prior qu<e alio nomine Mina vac ant ut, continet 5 Eikippas de Mettys, Mcafurcs.duro blado,&> minx cum gata qui. dicitur GunElien. cV Conv. concefftmus Johanni Downham ijl* 4 unde mina &> gata fafept'wianatim feptem panes monacbales, dulfi faciunt 3 fumas Capellano p feptimanatim feptem Mettys optiw* cercvifi* tiunt 3 quarteria. Mina ad grutdum recipiendum Cartular. Elien. MS. continet 7 Eikippas ;Mina ad brafium continet 3 Dat. ult. Mart. 146(5. eikippas de duro blado. Mina ad farinam in priflino continet fol. 88. aMrenfcep, Some largiter 7 Eikippas &> debet menfurari ficut fal &f> radi. JPfffffcIiry, siipeitcffcrr, Rent or Acknowledgment paid in a certain Mca- Hence Minagium, Minage, was a Toll or Duty paid for which an Equivalent was for felling Corn by this Meafure of Mines. fure of Corn fomctimes paid in Money. It feems to have ^inatt, To mine, or dig Mines. Minator, a Petunt Archiepifopi, Epifopi, been commonly a Fine or Penalty impofed on the Miner Clerus Tenant, for his Default in not doing his cufto- Angli*, ut Dominus Rex non fufiineat Minatores, mary Service of cutting the Lord's Corn. As fnos de flanno, plumbo, vel ferro minarc vel evertere terras in the Manor of Pidington, Com. Oxon. Eccleji*, &c. Annal. Burton, fub Anno 1236. Qutlibet virgata fvlvet per annum quintjiie fotidos, pag. 291. Minora, Mincria, Mincrator, ur.um diem ad Jurattres dicunt quod in quatuor dies de confuetudine, videlicet, frincipio quando Mineratores veniunt in campum mincriam inventa pratum Dcmini fakahdum, ad cibum Domini, vel doquarentet, mino dabit quadraginta denarios pro Mettcfliep. Pa- mincra lenient ad Ballivum Plxcita debent teneri roch. Antiq. p. 495 fuper minerias in Peeco. \6 Ed. 1. laid up in the Barn. :QJ)CPfl, A Mow of Corn SfyimtQl Carura:, A Ploughman. In the Table cariabunt bladum per unum diem cum una carecJa of Wages due to Servants and Labourers In Minatores carucarum, ventator, Subcar invenient unum hominem per unum diem ad facien- hieme dum Meyas in grangia. Blunt of Tenures, pag. reBarius, qtiilibet eorum recipit xvi denarios. Com Sec Mullones Fceni. And to this Day in potus Domus de Farcndon. MS. f. 32. 130. fomc Parts of England, they lay, Mey the Corn, ^literal COUrt0, CurU Minerales, Are peculiar Courts for regulating the Concerns of Lead i. e. put it on an Heap in the Barn. fame with Michis, a little white Mines, as Stannary Courts arc for Tin. ${)iCl)/i, The Loaf: Capiant de prtdilio priore pro aualibet viaia SJJmmicntjp, or fijjuniment*, ( Mmimenta, vocatos Michis. Du from munio, to defend) Are the Evidences or albos panes Cirporum trei Writings, whereby a Man is enabled to defend Cange. The great the Title of his Eftate. 5 R. 2. 8. and 35 R. 6. SiljjKfI'dyCmotrfl, & tffl;>J"iOnsr, Councils in the .We Times, of King and Noble- 37. Wangford fays, This Word Miniment includes men, were called Wittena- Gemotes, and after all Manner of Evidence. See Muniment. Micel- Synods, and Mitel Gemotes, i. e. Great and fflpmifirt JU'flifi Extend to the Judges of the General Aflcmblics. Realm, as well as to thofe that have Minillerial Offices. Co. 2. 208. fllDlcIjitf, A Sort of white Loaves, paid as Rent Infi.fol. Una Micba, one white Loaf. in fome Manors. timber. See Furr. One in Nonage, Minority, or under fljjj'rm;, Reg. de Fettey in Com- Nott. e. With three: From the Saxon Age: More properly an Heir Male or Female, Slj)iDth2ina, Mid, with, and Trina, three. Si aliquis accufe- before they come to the Age of 21 ; during tur quod paierit eum qui pacem Domini noflri fregerit, which Minority, their A&ions are invalid, Qp'c, e. with three Times 12. Yet a Minor Ladiet fe midthrina 12. may prcfent, as Patron, to an Ec
:

made of Water,

vonpire.

&

&

t3

;'.

/'.

Let. Etbelred at Wantage,

cap.

5.

clcfiaftical Benefice.

Canvas, sBjJilomui" Arc a Sail Cloths, or other Furniture for Ships,

Kind of

whereof

made, Anno
iij|)ilf,

fa., cap. 24-

$p\X\0}$, <ty\ncptC#, The Francifcan Friars, fo are called by the Rules of their Order. Nullui vocetur Prior, fed generaliter omnei vocentur Fratres Mino-

Ex Rcgulis rcs, &> alter alteriui lavet pedes Sub bis diebus Pnedi.atoevery S. Francifci, cap. 6. Furlong to contain forty Lugs or Poles, and rei qui appellati fnnt Minores, ftviente Innocentio Paevery Lug or Pole fixtcen Foot and a Half. 35 pa, emergentes terram replevermt. Mat. Weft, fub Anno 1207. EHz, 6V Sec Knifht. $j)inobrr>', 7 R. z. 4. Sccmeth to be comBj)tie0. i. e. To be Knighted, vlt> Rex per pounded of two French Words, Main, i Manui, "ftfjlittarr, Angliam fecit proclamari, &*c. ut qui haberent undo and Ouvrer, i. operari, and fignifics fomc Trefpafs militarcnt adefftnt apud Wefimonajlerium, &c. Mat. or Offence committed by a Man's Handy-work in the Foreft, as an Engine to catch Deer Britton Weftm. pag. 118. Furniture and Habiliments for ufes the Word Mainoverer, to occupy and manure a^Ilitta, The Land. cap. 40. and cap. 6z. Mainovre for HandyWar. 12 Car. 2. cap. 2. work. Our Englijh Word Manure hath a great
fand
Miliare, Is the Diftance of one Paces, othcrwii'c eight Furlongs,
:

Thou-

Similitude with

it.

P p

flBintrrrl,

MI
&
& &

M
&

&P Menejlrallus, from the the Accounts. "The Surveyor of the Melting, who Qfyinflrtl, (MinJireUus French Menejlrier,) A Mufician, a Fidler or Pi- is to fee the Silver call out, and not' be altered per; mentioned 4 Hen. 4. cap. 27 Pat. 24 April, after it is delivered to the Melter, which is after Minftrclli prtdidi per the AJfay-Mafier hath made Trial of it. The 9 Ed. 4. Quod Marifalli una Commu- Clerk of the Irons, who feeth that the Irons be ejfe deberent unum Corpus fe forent nitas perpetua, &V. Upon a Quo Warranto, 14 Hen. clean, and fit to work with. The * Graver, who The Melters, 7. Laurentius Dominus de Dutton clamat, auod omnes graveth the Stamps for the Money. that melt the Bullion before it comes to the Minftrclli infra Civitatem Ceftrix infra Cefiriam The Blanchers, who do anneal, boil and manentes, vel ojficia ibidem exercentes, debent convenire Coining. coram ipfo vel Senejcallo Juo apud Cejlriam, ad Fejfum cleanfc the Money. The Porters, who keep the dabunt Gate of the Mint. The Provojl of the Mint, who Nativitatis S. Jobannis Baptijla annuatim, ad diffum Fejlum quatuor Lagenas vim & unam is to provide for all the Moniers, and to over-fee Jibi Lanceam ; &P infuper quilibet eorum dabit ei quatuor them. Laftly, The Moniers, who are fome to unum obolum ad diffum Fejlum, & habe- ffiear the Money, fome to forge it, others to denarios beat it broad fome to round it, and fome to re de qualibet Meretricc infra Comitatum Ceftri<e, Their Wages are uncertain, infra Cejlriam manente, Qp Officium fuum exercente, ftamp or coin it. ad Fejlum pradiffum, &pc. according to the Weight of Money coined by quatuor Denarios per annum And where by the Statute of 39 Eliz. cat. 4. Fid- them. lers are declared to be Rogues, yet there is a 8S)iw>e-e, To let Blood. Minutio, Blood-letThis was a common old Practice among the Provifo therein, exempting thofc in Chejh'ire licen- jting. The Muficians of Eng-\ Regulars, and the Secular Priefts or Canons, fed by Button of Dutton. land, incorporated by King Charles 2. Anno 1670. 'who were the moft confined and fedentary Men. V.Clauf. 9 Edisi. 2. M.16. Dorfi, an Ordinance] In the Rcgifter of Statutes and Cuftoms belongto the Cathedral Church of St. Paul's in Mencftrallorum. j ing fuper menfuratione ferculorum It was ufual for thefe Mir.ftrels, not only to .London, collected by Ralph Baldock, Dean about divert Princes, and the Nobility, with Sports ,1 the Year 1300. there is one expreis Chapter De but alfo with Mufical Inftruments, and with Minutione. Minuendi licentiam petant Rejidentes a debent notifcare minutiones fuas illls flattering Songs, in the Praife of them and, Decano qui which may be feen in thefe tabulam fcribunt their Anceftors, pojl petitam licentiam minuendi ad locum opportunum extra civitatem fe transferre Vcrfes licitum ejl, ut obfervent minutionem in acre gratiori

&

&

&

&

Principis

a facie, cythara celeberrimus arte

fanitatis caufa.

MS.

AJfurgit

mimus, ars Mujica quern

deccravit,

Hie

ergo chorda refonante fubintulit ilia :

Indite

probitatis fiemmate vernans, vigor & virtus extoUit in <ethera fama, Indole virtutis qui vincis faff a parentis.

Rex Regum,

Quern

ut Atndes, patrem Neptunius Heros JEgea, Pelides excedit Pelea, fafon Efona, nee prolem pudor ejl evincere patrem ; Corde gigas, agnus facie, Laertius ajlu,

Major

CitbeF, MinuU five minores Decima, Small Tithes, fuch as ufually belong to the Vicar, as of Wool, Lambs, Pigs, Butter, Cheefe, Herbs, Seeds, Eggs, Honey, Wax, cSv. See 2 and Udal and Tindal 's Cafe, par. Injl. fol. 649. Hill. 22 Jac. Where the Tithe of Wood was adjudged Minuta Decima. Cro. Rep. fol. 21. Sec
flpniHfe
Tithes.

BtracilIs,
!

fuperftitious Sport or Play, prac

:

Conjilio Nejlor, Qfc.

tifed

Jlrels,

ut etiam, audivimus, vacant Miracula, Qp alios tudos Miracula etiam 355quos voc ant Indu&ionem Mali. Is the Place where the King s Coin is cF ludos iHjJiltt fupra nominates & fcotales omnino extermineRob. Grofthead, Epifcopi Line formed, be it Gold or Silver, which is at pre- tisfent, and long hath been the Tower of London, Epiftola apud Append, ad Fafciculum, pag. though it appear by divers Statutes, that in an- 382.
is

The

Office and

Power of the King of the Minmentioned in the Monajlic. 1 Tom. pag.

. .

by the popilh Clergy for Gain and Deceit Prohibited by Bifhop Grojlhead in the Dioceie of
Lincoln.

Faciunt

Clerici

ludos

quos

alfo at Calais, ^trqusS for SlJergU, A Water-Spaniel, or DiH. 5. Stat. 5. cap. 5. The Officers ver. Fecit duos veteres, fcilicet, Mirgos fufpendi. Mat. belonging to the Mint have not always been a- Parif. Anno 1214. like : At prefent they arc thefe, The Warden, This Syllable added to another Word, ; fill's who is the Chief of the Reft, and it by his fignifies fome Fault or Defect ; as, Mifprijion, Office to receive the Silver of the Goldfmiths, Mifdicere, i. e. to fcandalize any one ; Mifdocere, and to pay them for it, and to over-fee all the i.e. to teach amifs. Si Presbyter populum fuum Reft belonging to this Function : His Fee is a mifdoceat.

cient 12 R.

Times the Mint hath been

2.

16. 9

Hundred Pounds per Annum. The Mafter-worker, $$\tn, A Compact or Agreement, a Form of who receiveth the Silver from the Warden, Peace or Compromife. Quoufque pax incaufeth it to be melted, and delivereth it to the ter Dominum Regem &> Barones apud Lewes per forMoniers, and rakcth it from them again when it mam cujufdam Mifae pr&locuta compleretur. His Allowance is not any fet Fee, but Pat. 48 H. 3. in is made Brady'j Hift. Engl, Append, pag. according to the Pound-Weight. The Third is 238. The Controller, who is to fee that the Money be SfyiWwntun or $f)ifatiuenturp, Infortunium, made to the juft Aflize, to over- fee the Officers, Has in Law a fpecial Signification for the Killing and control them, if the Money be not as it of a Man, partly by Negligence, and partly by his Fee is a Hundred Marks per Chance. As if one thinking no Harm, carelefly ought to be Annum. Then is The Majler of Affay, who weigh- throws a Stone, or fliooteth an Arrow, &v. eth the Silver, and feeth whether it be accord- wherewith he killeth another In this Cafe he his yearly Fee is likewise commits not ing to the Standard Felony, but only lofcth his Goods, a Hundred Marks Then is The Auditor to take and hath Pardon of Courle for his Life. Staund.
; ; : ; :

PI.

PI. Cor. lib. I. cap. 8: Britten, cap. 7. dirtinguifhcth Mife between Aventure and Mifaventure: Aventure he Writ

makech to be meer Chance as if a Man being taken with fbmc upon or near the Water, be fudden Sicknefs, and fo fall in and is drowned,
;

when a Man is flain by fignifying as much as caft out or put upon. Co. 6. the Mind of the Killer ; Rep, fol. 124. Saffin's Cafe. And fometimes coragainft as if one hewing, the Ax flicth off the Haft, and ruptly for Meafe, a McfTuage or Tenement, as killeth a Man, and this is all one with Britton s a Mife-place in fomc Manors is taken to be fuch a he defineth Mcfluage or Tenement as anfwers the Lord a Mifaventure ; Homicide by chance mixed SeB. 50. to be, when the Killer's Ignorance or Hcriot at the Death of its Owner, 2 Inft. fol. with the Chance; as if a 285. which in our Law French is written Mees. Negligence is joined Man lop Trees by the Highway-fide, by which Cefte Endenture temoigne que come Will. Terrye de many ufually travel, and caft down a Bough, Dounham tiegne de johan. de Veer Coonte d'Oxenford not giving Warning, &>c. by which a Manpafling un Mees Qp fys acres de terre, &V. Dat. 14 Ed. 3. penes Wil. Andrew, Baronet. by is flain. In Matt. Parif. for jasejbOta. In Leg. Canuti, cap. Qpifellf, i. e. Leprous Perfons.
defineth
Sell.

or into the Fire, and be burned to death. Mifadventure he makcth, where a Man comcth to his Death by fomc untoward Violence, as the Fall of a Tree, or of a Gate, the Running of a Cart-wheel, the Stroke of a Horfc, or fuch like Meer, is as much as to fay, to join the Mife So that Mifaventure in Staundford'z Opinion is con- upon the clear Right"; and that in more plain ftrucd fomewhat more largely than Britton un- Terms, is nothing clfe but to join upon this derftandeth it. Weft. Symbol, part 2. Tit. Indife- Point, whether hath the more Right, the Tement. Seel. 48. makes Homicide cafual, to be mere- nant or Demandant. Lit. lib. 3. cap. 8. fol. 101. Homkide by mcer Chance he This Word is alfo fometimes ufed for a Participle, cafual or mitt.
:

artis, appropriated to a becaufc both Parties have thcmlclvcs upon the mcer Right to be tried put by the Grand Afftfe, or by Battel. So as that which in all other Attions is called an Iffue, in a Writ of Right is called a Mife, unlets a collateral Point be tried, and there it is called an Iffue. Co. on Lit. fol. 294. Lit. fol. 102. and Old Nat. Brev. 2. 37 E. To join the Mife upon the 3. \6. fol.
is

alfo

vocabulum

of Right fo called,

ly

49. to be,

mcer Fortune,

SfyigbOt*

z.

given byway of Contract purchafe any Library, QPe. In j&lfcufltlifflnt, Ignorant, or not knowing. Cuftumarii infra honorem de Clun Com. Salop, the Stat. 32 H. 8. cap. 9. againft Champerty and Domino htreditatem ineunti folvunt certam pecunia Maintenance, It is Ordained, That the Juftices- of fummam qua vocatur Mife- money, ut quiet i ftnt de amerciaments. Mr. Blount of Tenures. twice every Tear, in every County, caufe ftnibus Afftfe fhatt to be made of this prefent AB, p. 162. open Proclamation to the Intent no Perfon foouid be ignorant or miffl^lfcrabfltio, An unjuft Accufation. SDjjifVrtTe Is the Name, and firft Word of the cognifant of the Dangers and Penalties therein contained. 51 Pfalm, being moft commonly that which the to fuch guilty Malcfaftors JHflifconfinuancr, Kitchin,fol. 251. Is the fame Ordinary gives as have the Benefit of with Difcontinuancc. See Difontinuance. Clergy allowed them Is a French Word, (ignifying as by the Law, and is ufually called the Pfalm of .lUftifr*, Mifa, much as Expenfum in Latin, and the Latin Word Mercy. fl^ifprtCOZOia Is in Law ufed for an Arbitrary Mifa is ufecl in Kitchin, fol. 144. and Weft. Symbol, This Amerciament impofed on any for an Offence ; 2. Tit. Proceedings in Chancery. Sefi. 21. part Word has divers Significations, as firft, it is a for where the Plaintiff or Defendant in any AHGift or cuftomary Prefent which the People of on is amerced, the Entry is Ideo in Mifcriccrdia. Wales give to every new King or Prince of Wales, BraBon, lib. 4. traB. 5. cap. 6. hath thefe Words, It was Item ft quis in Mifcricordiam incident pro at their Entrance into that Principality. diffeiftna, in Cattcl, but when that Domini- non remanebit mifericordia exigenda ft ilk qui amiformerly given on was annexed to the Englijl} Crown, the Gift ferit, quaftverit conviBionem. Kitchin, fol. 78. out of was changed into Money, and that is now 5000/. Glanx.il, faith thus, Eft autem mifericordia Domini or more, which happened to be thrice paid in Regis qua quis per juramentum legalium hominum de
sJ18'!fe*monep,

or young J&ifcfjinutf, /. e. a mentioned in the Mon. Angl. 1 Tom. p. 74. Ex done Alani de percy le mefchin ; and in 2 Tom. p. 86". Wittielmus Peverellus le mecbin.
:

Youth

Man

Anno 1254. Ecclefta SanBi Juliani ubi Mifelli, &> 'Tis Ecclefta SanB.c Maris, in pratis ubi Mifelli* vix habent vita neceffaria.

Money
to

or Compofition

&

to the

King fames his Reign. Firft at his own Coming Crown, and that Principality. Secondly, When Prince Henry was created Prince of Wales.
thirdly,

vicineto eatenus
rabili

And

When King
c/uas

be very moderate, and rather lefs than the Ofimmunitates fence, according to the Tenor of Magna Charta, Comiti impen- c. 14. Therefore if a Man be unreafonably amerCeftria Palatinatus fubditi noio cttique dunt, that is, ,3000 Marks for that County. And ced in a Court not of Record, as in a Court-Baat Chefter they have a Mize-Book, wherein every ron, &>c there is a Writ called Moderata MiferiTown and Village in the County is rated what cordia, dircScd to the Lord, or his Bailiff, comIt is or- manding them that they take moderate Amerciato pay towards the Mize. By 27 H. 8. dained, That Lord-Mayors fkall haiie all fuch Mifes ments, according to the Quality of the Fault. and Profits of their Lands as they have had in Times Sometimes Mifericordia is to be quit and difcharSee 2 &> 3 E. 6. 36. 33 H. 8. 13. 4 ged of all manner of Amerciaments that a Man .aft, &>c. & M. cap. 1 1 . Sometimes Mifes arc ta- may fall into in the Forcll. Sec Cromp. Jur.f. 196. 5 P. ken for Taxes or Taillages. Anno 25 E. 1. 5. Vide Amerciament, Mer y, and Moderata mifcriccrdia.
ed him in that Principality.
ill*

Charles the Firft fuccecdMifae etiam dicuntur

ne aliquid de fuo honoSee Glanvile, lib. 9. Filzherbert fays in his Nat. Brev. fol. 75. cap. 11. That it is called Mifericordia, becaufo it ought to
eft

amerciandus

contenemento

amitttat.

preftationes

ob fruendas priftinas

&

Sometimes for
cuftagiis,

Cofts

and Expences, as

pro

mifis

&

He frail
1.

be in

the great

Mercy

of the King.

Wcltm.

for Cofts and Charge- , ordinarily ufed in the Entries of Judgments in pcrfonal Anions.

cap. 15.

p 2

fijj.ff.

I
:

lffrir(tt&ia in cibis 8p potu, Excecdings, oil Clerks in writing, or keeping Records By the ' Over-commons, or any gratuitous Portion of Meat Mifprifion of Clerks no Procefs fhall be annulled or and Drink given to the Religious above their dilcontinucd. 14. E. 3. cap. 6. Stat. 8. MifpriHie quoque procuravit fion of Treafon is the Concealment, or not difcloordinary Allowance. of known Treafon, for which the ut deteftabiles ingurgitationes mifericordiarum fihg Offenders (in tjuibits profellonon eratnn(evicordia)prohiberent:tr. are to fuffer Imprifonment during the King's PleaMat. Par. Vit. Abb. S. Albani, pag. 71. In fome fure, lofe their Goods, and the Profits of their Convents they had a ftated Allowance of thefc Lands during their Lives. Cromp. J'uftke of Peace, Over-commons upon Extraordinary Days, which cap. Mifprifion of Felony, fol. 40. Weft. Symbol, tart In mi- 1. Tit. IndiBments, feci. were called MifericordU Regulares, as 63. in fine. Mifprifion of

&> mifcricordiisTegularibus duo &> Felony is only finable by the Jufticcs, before whom cellar'10 tarn ad prar.dium auam. the Party is attainted. Cromp. ibid. The Juftices Monaft. Angl. Tom. 1. pag of the Common Pleas have Power to afTefs Fines ad (tenam. and Amerciaments upon Perfons 149. b. offending by ap f rir raflia Communis Is when a Fine is fct Mifprifions, Contempts or NeglcSs for not doing on the whole County or Hundred. Man. Angl. or mildoing any Thing in or concerning Fines, Ac de murdro ac de communi Weft, Symbol, part 2. Tit. Fines, SeB. 1 Tom. pag. 976: 133." Juftices Comitatus cf A e toall amend the Defaults of Clerks Mifericordia qu.indo contigerit, videlicet, mifgp Hundred! , coram nobis vel aliquibus Jufticiariis no- prifing of a Syllabic, or Letter, or Writing. 20. &V. But here we are to Cromp. fur. f. plris, obferve, ill ; as, where a That other Faults $\lt\Xmrt, i. e. To fuccced may be accounted Mifprifions of Man is accufed of a Crime, and fails in his De- Treafon or Felom, becaufe fome later Statutes have fence or Purgation. Et fi compeliaiio fit &> in emen- inflicted that Punifhmcnt upon them, that of old dando mifeveniat, fit in tpifopi poteftat. Lex Canut. were inflifted upon Mifprifions, whereof you have an Example Anno 14 El. cap. 3. Of fuch as coin 78. apud Brompton. Mifdecds or Trcfpafles, aiJiefMfaiiCf, Foreign Coins, not current in this Realm, and of fury to enquire cf all Purprejlures and Misfcafance. their Procurers, Aiders and Abetters. n Cro. Car.f. 498. and M'ufeafor, a Trcfpafler. Co. 2. alfo fignifies a Miftaking. 14 . 3. Stat. 1. c. 6. Here note, That Mifprifion is included in 200. Inji. f. every de amerciemenz pur Treafon or iBpiOjCnitg. Eft de efire quit Felony ; and where any Man hath en auiun Courts devant qui que il feyt, nentor- committed Treafon or quereles Felony, the King may dinawent ou proprement demonftre. MS. LL. Temp. caufc him to be indicted and arraigned of MifpriE. 2. See Abijberjing and Miskering. See more hereof. fion only, if he pleafe.
nutionibui vera

duo

unam

jujlam de

Mfpm

and lib. 1. 2$wk(Ui\\uV, {Meskenninga, from Mis, Sax. Cennan, citare, LL. Hen. 1. cap. ia.) Inicjua 139.

cap.

39.

Vide etiam
i.

3 Inft. //.

Staundf. 30\

&

vel injufta in jus vocatio ; inconftanter loqui in confirCuria, vel invariare. Renovamus etiam

&

S^lfT* l&ltBbpter,
SBJlfLll,

e.

a Pricft

in Orders.
all

Miffale,

Is

mamus
rent iam

Ecclefiit tdificandis, cap. 2. que BenediBi, SanBarumque Virginum, omnibufque Parocbiani Ecclefiarum tenentur invenire rei divime fufuturis ibidem Abbatibus in tota poffeffione Monafterii, pelieBilem, viz. Antipboriarium, Gradate, PfalteriSacham 8p Socham Theloneumque fuum in terra um, Miflale, Manuale, &>c. See Sptlmans Gkfin aqua comedo, Confuetudines, ut ab omnibus a-

revePrivilegia antiqt/orum Regurn, atque ob Things to be daily faid in the Domin* vofirt. perpetut Virginis Mar'u SaniTi- vincial hb. 3. Tit. Ve

Book containing

Mafs, Lindw. Pro-

&

&

fary.

pertius

plenius inteUigantur, Anglicefcriptas, fcilicet,

jfiifTatiriiPf,

MefTenger.

Mundbrichc, Feardwitc, Fitwite, Blodewite, Miskeninge, Frithfoke, Hamfockne, Forftall, Forphange, Thcifphangc, Hangwite, Frithbriche, Tern, Utlepe, Infongcnthefe, Supbriche, Tol &f Confuetudines qn ad me pertialiafque omnes leges tarn llbere, ficut eas in manu mea nent, tarn plene habebam. Confirm. Fundationis Monaft. de Ram\ par. fol. 237. fey per S. Edw. Conf. Mon. Angl. Et in Civitate in milk placito Miskennagium. Charta H. 2. Civibus London. See Folcmote. 38)!6&ennO;. Hoc eft quietus effe pro qiierelis coram MS. LL. Rob. qu'ibufcunque in tranfumptione probata.

&

Hi, (i e. ad Doner ) dabant pro cabalio tranfducendo tres denarios in hyeme, &> duos in tftate. Lib. Domefday in

Miffatici

Regis

iieniehant

Quando

Chenth.

'

&

sUiMe*!.
fij)iflun?,

Sec Mife.
Singing the Nunc Himittis, and per-

Cot.

See MiJIiering. p. 262. S0ifnomPr. Compounded of the French Mes, which, in Compofition, always fignifies amifs, and nomer, i. nominare, it fignifies the ufing of one Name for another, or Mifterming. Sec Broke,
Tit. Mifnomer.
SjJ&llVjiGfln,

forming the many other fupcrftitious Ceremonies to recommend and difmifs a dying Perfon. In the Statutes of the Church of Pauls in London, collcacd by Ralph Baldock, Dean about the Year in the 1195. Chapter de Frateria, of the Fraternity or Brotherhood, who were obliged to a mutual Communication of all religious Offices, it is ordained TJtfiat commendatio &> niiflura &> fepultura omnibus Soriis coadunant'ibus Qp aftantibus Liber Statut. Ecclefiae Paulinae, Penes J Toh. Epifcopum Norwic. f. 25.

MS.

^fffurium, a9iaojtum, A Difh or Platter for French ferving up Meat to a Table ; whence a Meffe or and fignifies in our Law, Ncg Difh, or Portion of Mefpris, ccntevtptus, any Diet King Etbelle& or Ovcrfight. As for Example, Mifprifion of bert gave to the Abbey of St. Auguftine in CanterMifTunum argenteum, Treafon or Felony, is a Neglect or light Account bury fcapton aureum, fhewed of Treafon or Felony committed, by not xterum fellam cum frno aureo &> gemmis exornatam. when we know it to be committed. Chron. Tho. Thorn, p. i7<S2.&Mon. revealing if, Angl. Tom. lib. 1. Or by letting any 1. pag. 24. Sirmondus is of cap. 19. Staundf. P/. Cor. Opinion, that from Pcrfon committed for Treafon or Felony, or Suf- hence the Word Meffe is derived ; but Voffius tells to go before he be indicted. us, 'tis quia dono mittifoleat a principibm. picion of either, 8 Hen. 6. 15. is a Neglect of Mifprifion of Clerks,
Mifprifio,

Cometh of

the

The reft touching this qualitatem deliffi, Qpc. B. fol. 75. See MiferUorP&lttn Was an ancient Saxon Mcafurc, in ufc Writ, fee in F. its Quantity docs not cer- dia. before the Conqueft fome hold it to be the fame with <WooiafiO Was a certain Duty paid for every ; tainly appear and others, that it Tierce of Wine Concedo eis in perpetuam Corus, others with Modius, Eleemofywas Menfura decern Modiorum. In rVi.h, falina nam tres mafuras terra quietas de omni cenfu, confueredd. 30 mittas falis. Dome/day, Tit. Wirec. fire. tudine Sfi alia re, excepta fola Modiatione mea de viVVulfrun, {uxor Ankctelli,) Singulis annis vita no. So in Mon. Angl. Tom. 2. 994. Reddendo
King.

le&anca Mattb. Hutton, S. T. P. ex Rcgiftris Ec Eborac. Trial. Cro. GBlrtUin : This Word is often mentioned in our djMirial, A falfc or erroneous Hiftorianj ; it fbmctime* fignifies a Break Delve's Cafe. Car. f. 284. AlenkiJI) Is an Abufc of Liberty or Benefit ; faft, but always a certain Quantity of Bread and fljjil'uffr as bejball make fine for bis Mifufcr. Old Nat. Brev. Wine Qui miffam majorem celebraverit dues, Ledor vero 8" fervitores unum duplum ad Mixtum reipi.it. f. 149. Thofc Governors of religions Du Cangc. apirrcti 2Jbhnf0, JporfcaDOrt', A Kind of Sfuff made in England, Hotifcs, who had obtained from the Sec of Rome the Privilege of wearing the Mitre, Ring, and elfewherc, concerning which fee 23 Eliz. Gloves, anil Croficr of a Bifhop. It has been a cap. 9. were all afnfleratfl mifmrtwoia Is a Writ for him that vulgar Error, that thefc Mitred Abbots the fame with thofe conventual Prelates, who is amerced in a Court-Baron, or other, being not were fummoncd to Parliament, as Spiritual of Record, for any Trangrcflion or Offence beLords ; whereas lomc of thofe fummoncd to Par- yond the Quality of a Fault. It is dire&cd to liament were not Mitred : And lome of the Mi- the Lord of the Court, or his Bailiff, commandThe Summons to Par- ing them to take a moderate Amerciament of the tred were not fummoncd. liament not any way depending on their Mitres, Party, and is founded upon Magna Charta, c. 14. but upon receiving their Temporals from the Quod nu/lus liber homo amercietur nifi fecundum

"SBiRrnum for
fag. 102.

fljjiniflcrium.

Mon. Angl.

Tom.

cl.

Bcncdi&i, quod efi in aftate, deem contradictions fex modios de Modiatione Waeneio mittas de brafio &P quinque degruto, fiP quinque mit- where the Word Modius fignifies a liquid Meafure 8 pernas, &* 1 6 cafeos 8fi duas of (ixtecn Quarts. tas farina tritici Q&ODiUB ; We take it ufually to fignify a Buvaccas pingues de terra mea Hieheling pro refpedu annuo eidem Ecclefis, (Ramcficnfi) proeurari decerno- fliel, and it is a Meafure, but various according Set. 38. Praterea conceffi eis feptem to the Cuftom of fcvcral Countries, in fome Lib. Ramef. Mittas Salis quolibet Anno percipiendas apud Wiz. Places containing more, in fome Places lefs.

Ego

p.

fine
;

me* ad Feflum

S.

&

But Mitta, or Mittba, was not only a Sort of dedit Ilias pedum quatpor Modiorum agri circa fe Meafure for Salt and Corn, but rather the Place cum omni cenfu fuo Ecclefi* LandavU, Sfc. 3 Mon. where Caldrons were put to boil Salt. Calderias quo- fol. 200. This word was much ufed in the ancient cum propriis fedibut, (i. e. Charters of the Britifh Kings, and probably conque ad Sal confiiendum the Places where they were put) qua vulgo mitchas tained the fame Quantity of Ground as with the vocantur. In the Monajlic. it fcems to be a Mea- Romans, viz. 100 Foot long, and as many broad. fure, viz- Dedi Qanomcis redditus 20 folidorum, &pc. Modius Vini, a Hogfhead of VVine. 20OdiU9 tolBse, Donatio A Rthmail Regis GwcnEt feptem mittas falis, &fc. And in Domefday, viz..
Reddebat Vtcecomes 2 mittas
fol 767ajjitrenoo
falis.

Mon. Angl.

2 Par.

f.

262.

b.

2Cif1!Uflf

f f rt as

Del flgrt

Sciendum

efi

quod

Gale's Hilt. Brit.

tiae

Landavcnfi Ecclefise circa

efi,

Annum

896. Largi-

tus

Qpc. Villam

Lann-Mihargel Licbrit cum tertia

Et 4. Modios Villa fiifilat. MS. Cod. yetsis &nis Is a parte prati dire&cd to the Treafurcr and Landaven. f. 102. col. 2. ffftODO * #0^ma Are Words of Art in Procefs Chamberlains of the Exchequer, to fearch and tranfmit the Foot of a Fine acknowledged before and Pleadings, and namely, in the Anfwer of the into the Common Pleas, &c. Reg. Defendant, whereby he denieth himfelf to have fufiiccsin Eyre, done the Thing laid to his Charge, modo 14. forma
nifinufcriptum

Writ

Judicial,

It fignifies as much a Writ by which Records are declarata. Kitchin, f. 232 transferred from one Court to another : Some- as that Claufe in the Civil Law, Negat allegata, times immediately, as appears by the Statute, prout allegantur, effe vera. Where modo &P forma As out of the King's Bench into are of the Subltance of the Ilfue, and were but 1 5. 5 R. 2. cap. the Exchequer, and fometimes by a Certiorari in- Words of Courfe, fee Co. on Lit.f 281. 2000110 IDmmanni Is when cither Land, a to the Chancery, and from thence by a Mittimus into another Court, as you may fee in 28 H. 8. Sum of Money, or yearly Pcnfion is given to the and 29 H. 8. Dyer, fol. 32. This Parfon, V. by Compofition, or Cuftom, asSatifDyer, {oh 29. Word is alio ufed for the Precept that is dire&cd facKon for his Tithes in Kind. See 2 Infi. fol. by a Juftice of Peace to a Gaoler, for the recei- 490. SJSCier: It is a Danifi) Word, fignifying a Virgin ving and fafe keeping a Felon, or other Offender, the People of Norfolk in fome Meaby him committed to the Gaol. Of divcrfe other or Maiden Ufcs and Applications of this Word, fee Reg. 0- fure retain the Word to this Day. The Occafion
flBitfiuuijfr

Orig./.

&

Is

of their firft ufing it was this Norfolk (which aof mong other Englijb Counties, was given by King of Beafts, Alfred to the Danes, Anno 876".) was totally inhaChcefe, bited by them, and their Cuftoms, Laws, and Co. 1. par. Inft.f. 649. Sec Tithe. Now they call Virgins and CJBirtlliO , Meflilo, Mixt-Corn, Mang-Corn, Speech there ufed. Libera Eleemofynario Mafline. fex quarte- young Maids Moer, and accordingly (as Olaas nofiro ria bladi mixtilionis inter pauperes Parocbianos de W.rmius tclfifies, Fafi. Dan. lib. 1. cap. 6.) they Anno 13121 Col- named fuch as were excellent Singers of the worBolton Percy difiribuenda
rig.

in the Table.

t$)irt

Decima mixta. Are SDttyetf, Milk, Qfc. and of the young

thofe

thy

M
pir.es

O
eft, Vir-

M
with thofe of

id thy Deeds of their Heroes, Scaldmoer,

cantatrices
;

Queen

Mercia, were turned into

and thole that by Valour won Latin by Guildas out of the

Reputation, Scioldmoer, that is, Scutiferas Virgines, by which Name they alfo fignify the Amazons: But this, I confcls, by the ignorant Rufticks is a corrupted, they pronouncing inftcad of Moer, to be of a Virgin, Mother, a. Word well known different Nature. the French MotSjBoiEtp, Medietas,* Cometh of and fignifies the Half tie, i. coaqua <vel media pars, of any Thing. Lit. f. 115. Et una Molaria, ubi mohfodiunt. ^Olaria.

Britijb Tongue. JtJSolneoa, ajHlineoa, Mill-Pool, or Pond Gilbert Baffet, in his Foundation-Charter to the

Priory of Burcefier, gave Quoddam pratunculum quod vacatur Hamma, quod extenditur de crofta Scrice de

Mulnedum yfque iUuc ubi per novus rivulus afcendit in veterem rivulum, &> ipfara mulnedam ad faciendum ibi molendinum. Parochila

Wrachmic

Domefday.
fi}Solafre,

al Antiquities, p. 135. jaclCfl, i. e. the Duty or Toll paid to the Lord by his Vaffals, to grind Corn at his Mills. Concedo fanifo Amando molram cf moltam

fuam

or

QfrtUtteg, {Ital.

MclaMO,

i.

c.

fimiliter

omnium Civium
p. 07.

St.

Amandi.

Monaftic.

Sacchari Jpuma,) Anno iz Car. 2. cap. 25. fignifies the Lees or rcfufe Syrup in the boiling of Sugar; with which (by the faid Statute) Wine is prohi-

Tom.

Jl&Oltura, the

fame with Molta. JKtommpng, Anno 1400. Quidam

milites in die

bited to be mingled or adulterated.

20lenumum HMaOontCum,
cient

Epipbani* coram

Corn-mill.

An- Mommyng,

in diBo molendino fir* quieta

ta,

Charters have it Molendinum bladum and proclamari, ut fie cum manu forti cafirum irruentes, molendinum de blado. So a Fulling-mill hath feveral Regem incautum pojfent proditorie trucidare. Hift Latin Appellations, as Molendinum fullonicum, Mo- Croyland. Contin. pag. 495. Whence it appears lend, fullanicum, Molend. fullere, Molend. fullari- that Mommying was a Sort of Mock-fight, from um, Qpc. A Wind-mill, Molendinum adventum, vel the Teutonic Mummen, to mimic, or to aft a lu A Water-mill, Molendinum aquatkum. dicrous Part. This military Sport is now turn ventriticum. A Horfe-mill, Molendinum equitium. A Grinding ed into the Diversions of Peace and Plenty at read alio Cbriftmas, when fome Antick Fellows in Difguife or Grieft-mill, Molendinum molare. for a Mill, Molinum and Molinus, Domefday, Tit. go round the Neighbourhood to fing and dance, Sudfex- Terra Comitis Roger's, num. II. Cafirum and get Money or good Chear. Thefe Mimicks Harundel. T. R. E. reddebat de quodam Molino are called Mummers, and their Afiing is ftill called Mummyng, or ibidem alibiT.R. E. reddebat Oxenford, 40s. Mumming. J&oneia Is ufed for Money in "Domefday, viz. Comiti veto Algaro 10 libras adjunito molino quern Tit. civitatem. babebat. Wirecefire Burgenfes plures habuit &> pro I J bidis infra , fe defendit quando Moneia SJJolenDUin, Corn fent to Mill, a Grift. vertebatur, (i. e. mutabaSolvent nomine decimarum molendini /ex modios, alias tur) qui/que monetarius dab at 20 s. ad London pro cumolcndum obvenerit eidem mo- neis moneU accipiendis. See Siclus. (ex firyk bladi prout Chartular. Abbat. dc Rading. MS. lendino. fllponetaaium, Mintage, the Right and Pron(5. priety of coining or minting Money. fol. fflpolttura, fllulitura, <3J{Jultura. It fometimes Sfyonepy Moneta, Pecunia, Is that Metal, be it a Grift, or Sack of Corn brought to the Gold or Silver, that receives an fignified Authority by Mill to be ground But it was more commonly the Prince's Imprefa to be current : For as. Wax taken for the Toll or Molture paid for grinding. is not a Seal without Print, fo Metal is not MoSo Wido de Meriton in his Charter to the Knights ney without Impreffion. Co. on Lit. pag. 207. Templar, for the Mill in Merton Com. Oxon iBIJunefagium, Was a eertain Sum of Money unam libertatem adfuum paid every third Year by the Tenant to the Lord, Concefferunt tnibi Fratres molendinum, fcilket, molendini fegetfm pro multura that he fhould not change the Money which he meum braji- had coined ; for it was lawful formerly for great reddenda profegete que, efi in tremuta , ttm fine multura. Paroch. Antiq. p. 120. Molitura Men to coin Money, (but not of Silver or Gold) libera, Free grinding, or Liberty of a Mill, with- which was current in their Territories. This was out paying Toll, a Privilege which the Lord ge- abrogated by Hen. 1. cap. 1. Monetagium commune Salva quod capiebatur in civitatibus &> comitatibus, nerally rcferved to his own Family quod non baredibus meis molitura libera familU no- fuit tempore Edwardi mihi Regs, bee ne amodofat omnino

Rege bafiiludia pacijka vocata le pacem tamen odientes, fecerunt publice

We

&

&

&

ibid. pag. 23d.

defendo.

sponger Seems to be a little Sca-Veflel which Filhermen ufe. Anno 13 Eliz. cap. 11. When the dolman, According to Spelman, fignifies the Word ends in Monger, as Ironmonger, Wocdmonger, Servants of a Monaftery. Fideles Ecclefiarum Mi- it fignifies Merchant, from the Saxon Manger, nifieriales, Prior Lewens. pag. 16. Item omnis Mol- Mercator. ad pcrtandum corrodiman inveniet equum,fibahuerit, sa^cmerv', or S19cme)TO2, Monetarii, Are Minium Priori;, &>c. And again, pag. 21. Omnis Lan- fters of the Mint, which make and coin the omnis Molman, {qui non King's Money. ceta, omnis Toftman, 6. 15 Reg. Orig. fol. 262. and 1 fedet fuper Ogcland) debent fpargere unam reiam dc It appears in ancientAuthors, That the Kings of fiens, &>c England had Mints in feveral Counties of this Molmaria Realm ; and in the TraHate in the Exchequer, fSJOlroari;)* Et inveniet Maerenium, &> les Winding-yards pro reparatione dicli Molendini. written by Ockham, I find, that whereas Sheriffs were ufually obliged to pay into the King's ExCarta 16 B: 6. Jtlolmufan or e^olmiitjn &an.i*r. The Laws chequer the King's Sterling Money, for fuch of Dunwallo Molmutius, Sixteenth King of the Debts as they were to anfwer ; they of CumberBritains, (who began his Reign 444 Years before landand Northumberland were admitted to pay in Chrift) was famous in the Land, till William the any Sort of Money, fo it were Silver: And ihe iz6. He was the firft Reafon is there given, becaufe thofe two Shires Conq. lifter's Primord. that publiflied Laws in Britany, and thefe Laws Monetarios de Ahnon
fr.Moulte.

This Toll for grinding was fometime called Mol-

&

antiqua injiitutione

babtnt-quod

bas

Monctarium &> ad monttam ibidem, tarn ad oboloi &P Sterling!! ifiiam ad Sterlingos proiit morii &P faciend. Mcmorancl. Scacc. de ejl fabricand. Anno 20 Edw. 3. inter Record, de Trin. Rot. Of later Days the Title of Moniers hath been given
b.ts

&P monacbi

prtdifti babeant union

un:im

Cuneum apud

Ratting

Tenants in

flJjJonttrnUcrunt Is a Writ ancient Demefne,

that lies for the being diftraincd for

to Bankers, that is, fuch as make deal in Monies upon Returns.

it

their

Trade

to

Mr. King's Defcription of the Ifle of Man. From SBiJOOt, Mota, Curia, placitum, comientus, fome particular Cafes, concerning which fee 3 the Saxon Gemote, conver.tus, which may be dedu181. All Monopolies againft Magna Cbarta, ced from the Saxon Motian, placitare. It is a Infi. fol &V. Co. 2 par. Infi. cap. 29. So then all Inclofing Term well underftood in the Inns of Court, is a Monopoly, which is pofirively contradicted in to be that Exercife or Arguing of Cafes, which Mare's Rep. fol. 67 5. Darcy and Allen's Cafe, be- young Students perform at appointed Times, the caufe any Grant made by the King pro bono Publi- better to enable them for Pratice and Defence co is not a The Place where Mootof Clients Caufes. Monopoly. See Grotius de jure belli I Cafes were argued, was anciently called a Mootpads 233.

Clftonk, From the Greek Mtr&i folus, becaufe the firft Monks lived alone in the VVildcrnefs, and In Latin they were called Urtales, not in Cities. for the (lime Rcafon affirmed. They were divided into three Ranks Cotnobitarum, i. e. A Society living in Common under the Government of a finglc Pcrfon Thcfc were under certain and were afterwards called Regulars. Rules, Anxchcrete, or Eremita, were thole who lived in the VVildcrnefs upon ftalc Bread and Water. St. Jerome tells us that of thefe, Paulas fuit AuHor, Antonius illufirator, Johannes : But Baptifia princeps Scaliger was of Opinion, that Paul was the Firft. Sarabaite were Monks who lived under no Rule, but wandered in the World. aponftsf iC'Ofllf, A certain Kind of coarfe Cloth, mentioned 20 H. 6. 20. aponopolp May not improperly be derived from the Greek Mi:'(+ Solus, and T**ia Vendo, which Signifies to fell alone, and fo is a Privilege of the King (as fomc interpret it) by his Grant, Commiffion, or othcrwife, to any Perfon or Perfons, of or for the fole buying, (cling, making, working, or ufing any Thing, whereby any Perfon or Perfons are rcftrained of any Freedom or Liberty that they had before, declared againft Law, by 21 Jac.c. 5. except in
:
:

the Payment of any Toll or Imposition, contrary to their Liberty which they do or fhould enSec more in F. N. B. fcl. 14'. joy. ^niiflrum Is fomctimes taken for the Box in which Rclicks are Item unum Monftrur:i kept. cum ofpbus St. Petri, Qpc. Monaft. 3 Tom. pag,

73-

Monfirum

Is

alfo

taken for what

wo

call cor-

Soldiers, viz> Ajfignavimus vol, &>c. ad arraiandttm dp triandum homines ad arma

ruptly mufiering

&

ad

Monftrum
,lftOtltl)

five

Monflrationem eorundem.

Du

Cange.
or flJJJortCflj, Menfis, In Saxon Monath, a Space of Time, containing by the Week 28 Days, by the Calendar fomctimes 30, fomctimes Sec Co. lib. 6. fol. 6*1. and Kalendar- Month. 1. 1 Some have derived it from u , menfis, and that
is

from ium, Luna, but we fuppofc more truly from the German Mors or Man, one of their antique Deities and Kings, mentioned by Tacitus;

Ex

hoc,

Hebriti)

Lunam

fays the learned Spelman, mafulino {ut dicunt genere, Der Mon, dominam-

que ejus &> amafiam t cujus afpeHu alias languet, alias rrfipifcit, Die fon quafi bunc Lunam, banc folem. Hinc Qp Idolum Lun* viri fingebant fpecie ; non
ut Verftegan opinatur, f&tnint, ex quo

cP vefiem mi-

in the Ifle of Man, the Courts for the feveral Sheadings, are called Moors, and every Moor has the like Office' with our Bailiff of the Hundred. See

ram ad genua vix dimiffam. $Oo}b. The Lord's Bailiffs

who fummon

&

A Monger born within 2Pnnffrr, Monfirum, lawful xMatrimony, that hath not human Shape, cannot purchafe, much lefs detain any Thing ; but if he have human Shape, he may be Heir,

Hall.

In the

Inns of Courts there

is

a Bailiff

or

though he have fbme Deformity in any his Body. Abbas 31?00ta Canum, A Pack of Dogs ^onflratls tip tHOit Is as much as to fay, The a quo fiatim exegit Thefaurarsus fliewing of Right ; in a legal Senfc it denotes a Glafion. admijfus efi, Writ iffuing out of Chancery, for the SubjeS to feodum Domini Regis, quod acciderat ei per mortem be reftorcd to Lands and Tenements, which he Abbatis, fill. Palefridum, Annulum &P Mootam Ca. (hews to be his Right, though by Office found num Et faBus efi ibi pro palefrido GP Moota to be in the Poffeffion of another Cartular. lately dead ; Canum r.ovits finis viginti marcarum. by which Office the King is cntitulcd to a Chat- Abbat. Glafton. MS. f/1046. Vide Muta. tel, Freehold or Inheritance in the faid Lands. Il\oafl)nuff*Court, So the Hundred-Court of

Surveyor of the Moots yearly chofen by the Bench, to appoint the Mootmen for the Inns of Chancery, and to keep Account of Performance of ExerPart of cifes both there, and in the Houfe. See Orig. J-udiciales, fol. 212.

And
tutes

this

34

Monfirans de
3.

droit

is

and

^oofttifn Are thole that argue Readers Cafes (called alfo Moot-Cafes) "in the Houfcs of siWonftranS tie fairs pit fleco:DF, Shewing of Chancery, both in Term-time, and alfo in VacaDeeds or Records is thus, Upon an Aftion of Debt tions. Coke's Rep. 5 par. in Protemio. brought upon an Obligation, after the Plaintiff S^O^a, A Moor, or more barren and improfitluth declared, he ought to fficw his Obligation ; able Ground than aMarfh. 1 Infi. fol. 5. a. "T\s deand fo it is of Records. And the Difference be- rived from the Saxon Mor, i. e. Mons. It lignitween Monfirans de fait and Oyer de faits, is this ; fies alfo Maryland. See Morofus. Uf<jue ad MoHe that pleads the Dec'd or Records, or declares ram, i. e. Muccofam &P humidam planitiem. Monaft. upon it, ought to pew the fame ; and the other, 2 Tom. pag. 50, 52. JMfUa, i. e. Heath Item de pannagit berbagio, againft whom fuch Deed or Record is pleaded, &>c. CP de omnibus exitibus bofcorum, Morarum, Qpc. may demand Oyer of the fame.
fol.

Staun.i. Pr<erog. Co. 4 Rep.

and 36 E. 3. 13. See 14. cap. 21. and Broke, Tit. Petition,
cap.

given by the Sta- Bingham in Nottinghamfb ire is called, and the Place where it (lands, Moothoufe-Pit. Ant. Not.
7i-

54.

Cafe of the

Wardens and

Commonalty

of Sadlers.

Flcta, lib. 2. cap. 71.

M
3J902;i=mu(Ta

O
placea

M
Morx
z part.

O
fmall Parcel or Bit of

De quadam

S^Ojfellum tcrtac,

Mulfe &>

306. b. watry or boggy Moor; for fuch in call Mojfes to this Time. Moreffa Lancajbire they is alio ufed i* tjie lame Scnfe. Mon. Ang. 3 fart.
70. a,

Vafil in Villa de

Mon. Angl.

Land. Horreum
33-

fuum.

Et unum Morlcllum terras juxta Carta 11 H. 3. Par. fol. m.

Q&oxstum,
1.

fljJozfeUus terras, A fmall Parcel of Land. Matt. Par if. pag. 438 and Mon. Angl. z Tom. pag.
82.
20ZfUfl', A Sort of Button fo called, which was ufed in the Priefts Garments. snpo?tarium, Light or Taper fct in Churches, to burn poflibly over the Graves or Shrines of the Dead. Walterus tenet duas acras terra &P dimidiam ibidem de feudo de Bockland ad inveniendum

Sort of Drink formerly ufed here.

Singulis vajis vini,

6.
fljJojafllt*,

Morati,

6><r.

H. Huntingdon,

30;tgaae, Mortgagium, vel mortuum vadium, Is compounded of two French Words, viz. Mort, i. See Demurrer. b. Mors, and Gage, j. Pignus : In Law it fignifies a Pawn of Land or Tenement, or any Thing fflPCtflitum, Morsby in Cumberland. Q9o,!rhim Was a Sort of brown Cloth, men- moveable, laid or bound for Money borrowed, tioned by Matt. Paris, Anno 1258. with which to be the Creditor's for ever, if the Money be they made Caps. Venit enim Londinum cum 20 not paid at the Day agreed upon ; and the Creditor holding Land or Tenement upon this Barequitaturis, cujus familia collaterilis 8 capis, viz. 5 is called Tenant in Mortgage. Of this we 3 manicatis de optimo Moreto fuperbivit re- gain, claufis read in the Grand Cufiumary of Normandy, cap. ditnita. From the Saxon Morgen, the 113. which fee. Glanvile likcwife, lib. 10. cap. 6. Spozgangtna, Morning, and Gifan, to give, /. *. the Gift on defineth it thus; Mortuum vadium dicitur illud, the Wedding-Day. Si fponfa virum fuum fuper- cujus fruSus vel redditus interim percepti in nullo fe acSo you fee it is called a Dead Gage, vixerit dotem Qp maritationem fuam, cartarum in- quietant. whatfocver Profit it yieldcth, yet it rcvel teftiwn exhibitionibus e's traditam, perpe- becaufe Jlrumentis, tualiter babeat Morganginam fuam. LL. Hen. decmeth not it (elf by yielding fuch Profit, exHer Dowry. In fomc Books 'tis cept the whole Sum borrowed be paid at the 1. cap. 70. i. e. writ Morganegiba. In Leg. Canuti apud Brompton, Day. See Skene de verbor. Jtgnif. verbo Mortgage. 'tis writ Morgagifa, cap. 99. In Leg. Hen. I. cap. He that pledgeth this Pawn or Gage, u called that taketh it, The Mortga11 It 70. 'tis Morgangiva. fignifies literally The Mortgager, and he

or ftnozaflir hi Hfpf, Signifies as demurs ; becaufe the Party goes not forward in Pleading, but refts or abides upon the Judgment of the Court in this Point, who deliberate, and take Time to argue and advife thereupon. Whenfbevcr the Counfcl Learned of the Party is of Opinion, that the Count or Plea of the adverfc Party is infufficient in Law, then he demurs or abides in Law, and refers the fame to the Judgment of the Court. Coke on Lift. fol. 71.

much

as

He

unum mortarium ardentem

Faringdon.

in Ecclefia

de Cheping.

Confuetud.

Domus de Faren-

don.

MS.

f.

48.
.

'3P0t*uancetfCtf

See

AJJife of Mortdancefior.

&

&

&

37 H. 8. cap. 9. But I rather think 'tis called ; Mortgage, becaufe, if the Money is not paid at the Day, the Land moritur to the Debtor, and is forfeited to the Creditor. Death. Mortblaga, sa))0,Jt!), Murder. Sax. Morth, Cang. asoziam Is all one in Signification with the a Murderer, or Man-flayer. Morth-lage Homicide, French Morion, i. Caps, a Head-piece, and that or Murder, &V. fecms to be derived from the Italian Morione. Ane^OgtlttbUB, i. e. Dead of the Ror. Prsterea no 4 &= 5 P. M. cap. 2. now called a Pot. Omnes pelles agnorum de omnibus concejji eis, QPc. maneriis meis, Qpc. tarn de his CIBOZiuUnum, Seaton in Devonjbire. qua eduntur quam de SBo^ina, Murrein, An infectious Diftemper in Mortitivis. Monaft. 2 Tom. pag. 114. Cattle. 20u:ftna!nf, Manus mortua, Is compounded of Cansifex qui vendit carries porcinas contaminatas, vel carnes de Morina, vel emat carnes a two French Words, Mort, i. mors, fiP maine, i. vendat Chrijlianis, Judis, fuper hoc conviRus, manus : It fignifies an Alienation of Lands and

matutinale and it is what we now call Dowry-Money, or that Gift which the Husband prefents to his Wife on the Wedding- Day, from the Saxon Morgen, Aurora, and Givan, Dare and was ufually the Fourth Part of his perfbna) Eftate ; not here, but amongft the Lombards. Du

Dcnum

gee. Wefi, Symb. part 2. Tit. Fines, fetr. 145. This, if it contain execflive Ufury, is forbidden

by

&

&

&

to amercietur, fecundo patiatur judicium Tenements any Guild, Corporation, or tertio incarceretur, Qp redimatur, and their Succcffors, as Bifhops, pillorii, quarto abju- Fraternity, ret villam. Confuetud. Domus de Farcndon. MS. which may not be &>c. Parfons, Vicars, f. done without the 43. Morina alfo fignifies the Wooi of Licenfe, and the

primo graviter

Sheep King's Lord of the Manor, or of the King alone, if Morina mortuarum, it be pellibus, immediately holden of him. The Reafon fick Sheep, and of thofe dead with the Morin. of the Name may be deduced from hence, becaufe the Services, and other Profits due, for Flcta, lib. 2. c. 79. par. 6. S$WUK!, alias SKcutlHUJ. Is that Wooi taken fuch Lands as Efcheats, &>c. fhould not without from the Skin of a dead Sheep, either dying of iuch Licenfe, come into a Dead Hand, or into the Rot, or killed. 4 E. 4. 2 Qp 5. 27 H. 6. 2. fuch a Hand as it were Dead, and fo dedicated This is written Mcrkin. 3 Jac. 18. Morling or unto God, or pious Ufcs, as to be abflractcdly and 14 Car. 2. 18. See Shor- different from other Lands, Tenements, or HeShorling. 3 E. 4. 1. ting. reditaments, and is never to revert to the Donor, Sec Mora. In viis *%)020fu. femitis per val- or any temporal or common Ufe. Magna Charta, lem quandam Morofam aqtafam. Monaft. 1 Tom. cap. 36. and 7 E. 1. commonly called The Statute of Mortmaine, and 18 E. 3. pag. 648. cap. 3. ar.d 15 R.
dead with the Marin.

Lana

per fe vendatur cum i. e. the Wool of

&

&

Sipozpeth.

See Ccrjtopitum.

2.

cap.

5.

Book of

in the Seventeenth Polydore Virgil, his Chronicles, mentions this Law, and

gives

M
gives this

O
60. par. 30.
dart
confuevit.

MO
Item
ft

Rcafon of the Name, Et Legem hanc

vo.arunt, quod rei femel dat* collenon utique rurfus venderentur. velut
diligenter

Reffor petat

Mortuarium
Principal,

ubi

manum mortuam

Sec Nonariitm and

'tis

and

ges facerdotum, mortuc, hoc eft, ufui aliorum mrtalittm in perpetuum

adept*
ejfent.

Pretium fepulchri. In the Irijb Canons

Lex
:

fervatur,

fie

ut

nihil

and Sedatium,

viz.

Omni

called Prttium fepuhhri, Corpus fepultum I abet in

pojfejfionum

diitur, mortua per antiphrafin pro immor'iH)fairto0^fe Properly Mufaic- work. Opus MuQfc Petrus Bclluga in fpe ulo prmcipum, fol. fivunt, Pavimenta tejfeUata, Pavements of curious l6. yus amortizations eft lieentia capiendi ad manum tittle Pieces of Brick, or Tile, or Marble, about mortuam : To the fame Effect read Caffan. de con- the Bigncfs and Form of Dice, with which the fuet. Burgund. pag. 348, 387, 1183. 1185,1201, Romans generally paved the Place, where they fife Skene de verb, figntf. faith, Dimittere terras ad fixt the Pmtorium or General's Tent, of which fevemanum mortuam eft idem atque dimittere ad multi- ral have been ploughed up in many Parts of Engtudinem five univerfitatem , qu*. nur.qttam moritur land. Fran. Jtinius cites this Account of them from of Lawrence Noel idque per JrliffeWir, feu a contrario fenfu, becaufc a Manufcrtpt&mw Gloflary Commonalties never die. The Prcfidcnt .md Mufaick-work, which is a Kind of Ornament made in Governors for the Poor within the Cities of Lon- Picture with little fquare Stones like Dies of all Codon and Weftminfler, may without Licenfe in Mort- louts, fet together with certain fine Cement upon a main, purchafc Lands, &V. not exceeding the Wall or Floor, fo that the Forms of Things be thereyearly Value of 3000 Pounds, &V. by the with pourtrayed and expreffed as though they were painted. Statute made 14 Car. 2. cap. 6. Alfo it is more durable than any Kind of Paint5t02trell, A Mefs of Milk and Bread. ing, by reafon that neither by Weather, wearing, nor
pojfefjione tali,

facerdotali a quofuam detur, n'tft jure fuo vaceam &P equum Qp vrftimentum itP irnaBut the forcmentioned Statutes menta leHi fui, e>r. Canon, hibcrn. lib. 19. c. And in another Place, Rogaf principem I0.1, be in fomc Manner abridged by 39 Fliz. cap. 5. 6. which the Gift of Lands, &c. to Hofpitalsis i. e. the Bifhop, ut Bafilham ejus foderit, &-c. by fedatium commune. permitted, wirhout obtaining Licenfes in Mortmain. & reddat amicus pretium ejus The Word Mortuarium was fometimes uled in a Hotoman, in his Commentaries De verbis feudaliverbo Manus mortua, hath theie Words sts, Civil, as well as an Ecclefiaftical Scnie, and Manus mortua locatio eft, qu& ufurpatur de Us, quo- was payable to the Lord of the Hcc, as well as rum poffeffto {tit ita dieam) immortalis eft, quia nun- to the Pricft of the Parifh. Debentur Domino quam htredem habere definunt : Qua de canfa resnun- (/. e. manerii de Wrcchwykc) nominibus heriotti &* quam ad priorem dominum revertitur, nam manus pro monuarii dntcv.iecx.prct. xii fol. Paroch. Ant. p. 470.
ordini

Regio permiffu

&

Cuilibet

fratrum pauperum
d.ibatur

in Hofpitali S. Cruets prole

wajhing, the Colour can be taken away, which hath

the Thiiknefs of the little Dies wherewith this Work is 1 una Lage- made. Of this Kind of Work is little in England. Howpenfam five pondus quinque marcarum, na cum dimidia medioeris cervifite, potagium fujficiens, belt I have feen of it, efpecially upon Church-Floors before tria fercula in prandio, viz. Mortrcl confeitum de altars, as is to be feen before the High Altar at Weftcotidie pants

Win ton.

bonus de frumento

ad

&

Waftell

um

& lath, ur.um carnhtm, & unam pitantiam fer.uhtm exigentiam

Ex
jitxta

vel pifei-

diet.

every where,

Anno 1373.

Cartular.

S.

Crucis.

MS.

pe-

nes Hen. Worfley,

Armig.

be but grofs. In Italy it is almofi to be met. moft Churches rebellious Sort of MalesJjJof*2Fror'lu'ner, factors in thefurtheft Parts North of England, that

minfler, although

it

and

in

GlBOifUiT)', Mortuarium, reBitts Mortarium, Is a live by Robbery and Spoil, not unlike the Tories Gift left by a Man at his Death to his Parifh- in Ireland, or the Bandili in Italy, for whofe SupChurch, for the Recompence of his perfonal prcflion were made the Statutes of 4 Jac. 1. <r. Tithes and Offerings not duly paid in his Life- 1. 7 fac. 1. c. 1. and 14 Car. 2. cap. 22. time. A Mortuary is not properly and originally SWOf^beD, The Bell fo called, which was ufed due to an Ecclefiaftical Incumbent from any, by the Englijb Saxons to call People together to but thofc only of his own Parifh, to whom he the Court. Debent ftatim pulfitis campanis quod 1 miniftcrs fpiritual Inftru&ion, and hath Right to Anglice vocat' Mot-Bell, convocare omnes univertheir Tithes. Bur by Cuftom in fomc Places of fos, quod Anglice dicunt Folcmote, /. e. -vocatio this Kingdom, they arc paid to the Parfons of &> convocatio populorum. Leg. Edw. Conf. cap. 35. other Parifhcs, as the Corps paffes through flpOtf, Mota, From the Saxon Gemote, Curia, them. Sec the Statute 21 H. 8. cap. 6. piacitum, conventus : As Mota de Hereford, i. Curiabefore which Statute Mortuaries, were payable in vel placita Comitatus de Hereford. In the Charter Beads ; the Beft to the Lord for a Hcriot ; the of Maud the Emprefs, Daughter of King Henry Second for a Mortuary. Nor was it only de meli- the Firft, we read thus ; Sciatis me feciffe Miloori Mirtuarittm Averio, fed de meliari re. (fays nem de Gloccft. Comitem de Hereford iff ded/Jfe ei Lir.dewode) fie dictum eft quia relinquitur E clefi.z pro motam Hcrcfordix cum toto caftello, Qpc. Hence a/ar/ta Cuftom did fo prevail, that Burgemote, curia vel conventus Burgi ; Swaindtfuniii. Mortuaries being held as due Debts, the Payment gemote, curia -vel conventus miniftrorum fcil. Foof them was enjoined as well by the Statute De reftx, &c. From this alfo we draw our Word The Scots fay, to Mute, cir.umfpecle agatis, in 1 3 E. I. as by feveral Con- Mote or Moot, to plead. ftitutions, &c. A Mortuary was anciently called as the Mute-Hill at Scone, i. Mons placiti de Scona : Saulefeat, which fignifies Pe unia Sepulhralis, or commonly apply the Word Mint to that SymlJum animcc. After the Conqueft it was called Arguing of Cafes ufed by young Students in the a Ctrsprtfent, (becauie the Beaji was prefented with Inns of Court and Chancery. In the Charter of the Body at the Funeral,) and fometimes a Prin- Peace between King Stephen and Duke Henry, Of which, fee a learned Difcourfc in the afterwards it is taken to fignifie a Fortrels, cipal.

&

We

King,

679. And fee as Turris de London, & Mota de Windfor. fol. Antiquities of Warwickjhire, There is no Tower of London, and Fortrcfs of Windfor, Selden's Hiftcry of Tithes, pag. 287. or Water to Mortuary due by Law, but by Cuftom. 2 Part. alfo fignifies a (landing Pool
Inft.
fol.
is

The
Mote

This

491. See Spel. de Coneil. Tom. 2. fol. 390. Fifli in, likewife proved out of Fleta, lib. 2. cap. fing a Caftle, or other Dwclling-houfe.

keep or a great Trench of Water encompafH<ec Indentura

Q^q

MU
dentura
dit prafato

M
in QPc.

U
is faid to be according to the old

Ufiatur,

quod pradiilus Rogerus tradi- becaufe

fiagr.a

Judgment of Law he
filius populi,

Thorn*

tria

cariam
tota

Hab. pr*di8a
pifiatione

infra exijlen. tria

Qp unam Motam Pif- nullius filius, of manerium Domini de Yeffyn, Vcrfes.

pradiBam Motam turn Qp cum incremento pifcium in
';'?

fiagna

&

in eifdem

eifdem

cum
ii

libero ingrejfu

egreffu,

Dat.

Cui pater Cui pater

efl

efi

populus, pater eft fili nullus QP omnit, populus, non habet ipfe piiticm.

Feb.

Edw.

4.

find them diftinguifhed with this One who may or rather a Vagrant. In Carcere detenti, Addition, Bafiard eigne and Mulier puifne. See Co. placcd, Lit. fol. 170 Qp 24;. Canonici, vel alii Religiofi, Motibilcs, Furlofi, QPc. Mulier alfo was anciently ufed as an Addition; Convenire non poterunt, i. e. In jure con-venire non pofDomina Johanna de Forefia, lib. 6. cap. 6. par. 22. as, Omnibus Flcta, funt. at Mulier, falutem. Noverit univerfitas ifyotttr, A cuftomary Service or Payment vefira, quod, the Mote or Court of the Lord. Johannes Qpc. Dat. 3 Regis Edw. Filii Edw. Ex AutograRex, QPc. Soiatis nos damaffe quietum homines de pho penes Authorem. By this it was doubted Cornubia in perpetuum de quadam oonfuetudine vocata whether Mulier fignified a Wife, or a Woman But the following Motccr, fiatuentes Qp firmiter pracipientes quod nee born in lawful Wedlock. in curia nolira, nee in curia alterutra, in partibus illis Deed clearly fhews it the former, and is conformQPc. Rot. able to what Sir Edward Coke fays, 2 Infi. fol. 434. de catero teneatur ilia confuetudo. Tefie, That, of ancient Time, Mulier was taken for a Cart. 5 Joh. m. 9. who Wife, and fometimes for a Widow. djtotttiojti], (the fame as FaldwurtV) One was of Age to be of the Decennary ; from the Sax. Grendon filia Qp hares legitima DoMat, Conventus, and Weorth, Dignus. mini Hamonis Pcfhal mil. dum vixit, Qp Alicia in ELizabeth jfetOimterium, Anno 20 H. 3. Placitum curia Chrifiianitatis coram Rogero Cov. Qp Litchf. uxoris fun filia quondam Roberti Harley Qp Johande 21 Libris, \6S0lidis, 4 Denarii s, uno pari na uxoris ejufdem Roberti, filii Qp heradis quondam Epifcopio Roberti Harley mil. Qp MargaretA uxoris fua, pars decretalium, una fella, uno frxno parca meno, uno mounterio, duobus loculis de ferico, una zona ferica appeUans Qp ailrix ex parte una, QP Johanna Harley non funt de tt- Mulier pars appellata Qp rea ex altera. Eadem pradiHorum Prioris QP Vicarii, qua vel matrimonio- Prynn, Colle&. Tom. 3. Johanna Harley per Officialem Dicecefis Middlefex.

^0tlbliif ,

be removed or dif-

And you always

flamento S. 127.

occafione

frigiditatis five

impotentia

naturalis

Roberti

IKtOtDntee,

and

make

Out-cry or Alarm to mount, mariti fui coeund. five earn carnaliter cognofcend. mota, ab eodem Roberto feparata fuit. Et nunc, ex fome fpeedy Expedition

An

ration e

Qp fpecialiter publicum. Dat. Anno 1400. Ex Ms. penes Will. Jlrum turbari contingat quovis modo, ilium clamorem quam Mowntcc appellamus, vel ali- Dugdalc Arm. Statuquem alium clamorem irrationabilem ffluliertie, or ssulrrir, {Coke on Litt. fol. 352. ta Hen. 5. Reg. Angl. tempore gucrrae apud Nic^ b.) The Being or Condition of a Mulier, or lawUptonum de militari Officio, lib. 4. unam regalem po- ful Iffue. Fait a remembre que Osbart Paries engenJtiud)elH'.nt. Habeant hi

Elizabeth* Grendon hac feparainfuper quod nullus cujufcunque conditions, fupplicatione prafata vel dignitatis exifiat, c lam ores vel tur- tio caffatur Qp annullatur, Qp matrimonium inter ets gradus nos vel exercitum no- folidum Qp firmum fuijfe declaratur per infirumentum bationes audeat,

Volumus

facere

quibus

quatuor

nobis noflra prafentia) quater- dra Reynold de Affeles en Baftardie ; le quele Osbart teftatem (falva femper Generates Forefla demonfirationes Qp viri- enfeffa le dit Regnald en Fee en tote fon tenement de que in anno veneris fcrisfaHiones quas Muchehunt dicunt, Affeles, a lui &P a fes heires a touts jours ; le quele dis de Forcfta R. Canuti, Vide QPc. Reynald engendra Simon de Affeles en Muleric ; le

&

Leg.

cap.

Simon .engendra Aliue, Agnes &> Margerie en quele Winter-Gloves made of Ram-skins. Mulerie. MS. penes Will. Dugdale Arm. J.Uuffi'lsc, SJjHllio De finio, A Heap of Cart-Dung to be Ip Leg. H. 1. cap. 70. they are called Musftua, and In Bert on parva quilihet fometimes Musfia. fprcad upon Land.
Ii.

cariabit de fimo de fierquilinio x milHaulier, As it is ufed in the Common Law, cufiumarius feems to be a Word corrupted, and ufed for lioncs de fimo. Ex Cartular. S. Edmundi. MS. f. Melior, or the French Melieur, and fignifies the* no. jajhlUone fceni, Cocks or Ricks of Hay. SciLawful Iffue (born in Wedlock, though begotten before) preferred before an elder Brother born ant, quod ego Richardus de Harrecurt conoeffi Williel. fervicio fuo totam illam virout of Matrimony, Anno 9 H. 6. 11.' Smith de de Sutton pro Homagio in Sutton, una cum Meffuagio, @P But by Glanvile, gatam terra lib. 3. cap. 6. Repub. Anglorum, difhu vero WiUielmus Qp harcdes fui aralib. 7. cap. 1. The lawful Iffue feems rather Mulier pertin. than Melior, becaufe he is begotten e Muliere, and bunt unum Selionem ad yvernagium QP unum Selionent not e Concubina ; for he calls fuch Iffue Ftlios mu- ad femen quadragefimale, &P unum Selionem ad Waand Britton, reBam, QP farclabunt per unum diem cum uno homine, lieratos, oppoling them to Baftards ; hath frere mulier, i. the Brother begoi- Of falcabunt cum uno homine per unum diem in Efieia cap. 70. Qp invenient unum hominem ad levand. This tcn of the Wife, oppofite to frere Bafiard. For Skene de prata, Of cariabunt diila prata cum una CaretJa alio appears to be ufed in Scotland verbor. fignific fays, that Mulieratus filius is a law- quoufque cariata fint pler.arie in Curiam de Sutton, A Man QP invenient unum hominem ad faciendum Mullones ful Son, begotten of a lawful Wife. hath a Son by a Woman before Marriage, that fo;ni quoufq; perficiantur Qp facier.t quatuor Pre.arias and unlawful, and after he marries autumpnales cum duobus hominibus, fil. tres ad cibum is a Bafiard, the Mother of the Baftard, and they have ano- illorum proprium &* quavtum ad cibum Domini, Qp cather Son ; this fecond Son is called Mulier, that riabunt bladum per unum diem cum una Careffa, Qp and fliall be Heir to his Fa- invenient unum hominem per unum diem ad faciend. is to fay, Lawful, ther ; but the other cannot be Heir to any Man, Meyas in Grangia. Hiec omnia Servitia, Qpc. Hits te-

&

fiikus

MU
fiibus

MU

Domino Henrico de Harrecurt, f<r. Penes Tho. he had not then confidcrcd the Meaning of if. Rex tenet ur Ottoni de Grandifono in decern mi Hi Wollafcot Arm. IJe Robcrtus Qf> omr.es doming liberam falcatam in pratt vo- bus multonum auri. alii Cuftttmarii cato Gitberdmain fine prandio debent tjrnare, & fade Wultura. Sec Molta. Dabunt Multuram *d An- victfimum vaf.nl um quando ad molcndinum v.eum mofceniim lev.tre, cV mulioncs fade fatere. Paroch. Hence in old Englijb a Monk, now a lere voluerint. Mon. Angl. 3 Tom 91. tiq. p. 401. Mow of Hay or Corn. Culture, {Molitura vel Multura) Signifies the Toll that the Miller takes for See Lawi. .Illiiltuuiidii ^Lattw. grinding Corn. Et Et totam fequelam CWuliu'ua, A Place to build a Water-Mill. Cufiumariorum meorum qui ad quoddam pratuftulum, fe.us fiagnum molendini ufque diHum molendinum bladum fuum molent, ad fexubi rivus defcendit in veterem rivulum, '~V ipfam Mul- tum decimum vas, &> brafeum fuum fine Multura. nedam ad fattend, ibidem Molcndinum. Mon. 2 Mon. Angl. 2 Par. fol. 825. a. And if that will

Tom.

pag. 284.

grynd at his Milne,

to

grend at

xxiiii

veffel.

And for

derived from the Latin Word Mulcla, for that it was a Fine that the Bifhop might have given to the King,
ilSultse

Male nogot give Multcr, dfc. An Award, Dat. 28 H. 6. SUHU ui Hub Is a Fifli caught in the North of Power to make his laft Will and Tcftamcnr, and England in Summer. 'Tis mentioned In Fleta, to have the Probate of other Mens, and the lib. 2. tap. 12. par. 12. Dedit Mul vellum, Butyrum, 2 &c. Administrations. Injl. f. 491. granting ' or ^MiDtyerf), A Compound of the Saxon Mund, JRinfipHCfiriON, Multiplitatio, Multiplying By a Statute made 5 H. 4. cap. 4 // i. tutela, dtfenfto, and Brice, fraHio, violatio ft Incrcafing
or
tttdllltltrfl

(Ppi^OVN

Is

their

is

Ordained and Efiablijhed, That none from henceforth Rex E' defiant, monafierium, burgum, hominem allGold or Stiver, nor ufe the craft quern vel f octet atem, eorumve res aut prtdia in fuam fbali ufe to multiply

and if any the fame do, he fa all fufceperat proteRionem, dicebatur hoc omne &> ejufmcdi of Multiplication, a incur the pain of Felony; and it was made, upon quicquid in Regis ejfe mundio (in Saxon On Tynings that fome Pcrfons skilful in Chy- munde,) cujus violatio etiam Mundbrice diHa eft q. Prcfumption or augment thofe Metals. proteStonis violatio, ant dat* pads fraHio, qut, in Anmiftry, could multiply And Henry the Sixth granted Letters Patent to glorum lege 5. libris pleclebatur. Spel man's GloIT. fome Pcrfons (who undertook to perform the verbo Mund. Some would have Mundbretb to figfame, and to find out the Philofopher's Stone,) nify an Infringment of Privileges ; others would of the Sta that it denotes Montis fraffuram, becaufc Mund to free them from the Penalty But of later Time it is expounded Rot. Pat. 34 Hen. 6. m. 13. Co. 3. Inft. alio is mons. tutc.
fol.

claufarum fraHio, for Mund fignifies Claufarum muMultitude, Muft, according to fome r.itio, the Fencing of Lands, therefore Mundbrecb jRllltifUDr, Authors, confift of ten Pcrfons, or more. But muft be the Breaking of thofe Fences, which in Co. on Lit. fol. 251. fays, He never found it li- many Parts of England we call Mounds; and we certain Number, but left to the fay, when Lands are fenced in and hedged, that mited to
74-

any

Difcrction of the Judges. they are mounded. IWulfO fo:tl(Jii, Or a minori ad majns, Is an Sflj)unDe, i. e. Peace. e. a Breach of the Peace. ^unufbjcrp, Argument often ufed by Littleton, and is framed If it be fo in a Feoffment palling a new H- 1 r. 37, 66. thus. much more is it for the Rcftitution of JBJMiDeuurOf, (Mundeburdum, from the

/'.

Leg.

Right, an ancient Right,

26a. a.

Sax.

&>c.

Co.

on

Lit. fol.

253.

and Mund,
jujfor.)

i.

c.

Tutela, and Bord, or Borh,

i-

MutJ&uf'C, UMte, JRntfr, SBufo, 7nfro, tons or rather Weathers, quia tejliculis mutilati. Several ridiculous Derivations are given of this Word i I fuppofc the Original was Britifb ; for
Molt
in the prcfent Irifn

Defenfionis vel patrotinii fidejujpo

&

0. Fide-

flipulatio,

Receiving into Favour and Protction. Pippiut omnes res adfupranus, Aquitani* Rex
a

fcriptum Monafierium fub vefiro Mundcburdo, vel immunitatis tuitione receperimus. Preuvcs de l'Hift. des

Tongue fignifies a Ram, Countes dcGuycnc, pag. 14. which the Latin Multo is ifljjUiinnrnMnwfr, (Munimen.) In Cathedral extend to the and Collegiate Churches, Caftlcs, Colleges, of always rcftrained, and docs not In ftauro funt LI1 fuch like, is a Houfe or little Room of Strength Female Sheep or Ewe. - matrei Oves, XXV mul tones, XII agi.i mares, purpofely made for keeping the Seal, Evidences, XXXII Charters, fVr. of fuch Church, College, &c. Such And again XIV agni feminales i. e Evidences being called Muniments, corruptly Miores laSrices, III multoncs, XL oves otiofas or Wea- niments, from Munio, to defend becaufc InheriThirty-two milch Ewes, three Rams Chartular. Glaflon. tances and Pofloflions are defendedby them. 3 Par. thers, Forty barren Ewes. MS.f. 39- De vaccis 69, Ae bovettis iT,.de bovittt- Inft- fol. 1 70. muricis Multonibus 381, de Hurtis lis 10, de %urtimrrit, (Munimenta.) Mat. Parif. f. )II. 207, de Hogris 121, de Agnis too, de Porcis 33, de Efifcopus itatjue cum Munimcntorum infteclionem cP de Porcellis So, &c. Inventor, habere non potuit. Seripta, fcilicet, authcniica. Hor;ett:s 116, Evidcntiz. See Minibonorum Priorat. de Tichficld, Anno 1420. Item Charta Donationum
a

Male Weather,

to

&

&

&

omr.es Cuflumarii de

Bromyard

forinfeco

debent faltare ments.

&>

levare de confuetudine de Ovcrrum peney annuas^Udi'mins, (Munimentum) Arc the Grarts or tim &P hakebunt ab Epiftcpo unum Multoncm pretii Charters of Kings and Princes to Churches ;

fo called becaufc cum muniuntur againft eis Pieces of Gold Money im- all thofe who would deprive them of thofe with an Agnus Dei, a Sheep or Lamb on the Privileges. prclt one Side, and from that Figure called Multor.es. fllf)unu0 (CrtlclTaRiriirrr, /. e. the confccrated This Coin was more common in France, and fome- Bread, out of which a little Piece is taken for a times current in England, as appears by a Patent Communicant. Infuper 6p omne Sacrificium quod nos cited by the learned Spelman, though dicimus Munus Ecclcfiafticum, c^c. Mon. 2 Tom 33 Ed. 1. pag. 838. flf)u Q.q 2

viiid.

Liber niger Epifcopar. Hercf.

OftaltOtlCS atirr,

MU
&

MU

^Urage, Muragium, Is a Toll or Tribute to into Money, the Tax fo gathered, was called be levied, for the Building or Repairing of pub- Murage. It is due to either lick Walls. F. N. B. fol. 227. SfyiBiU as. Sec MufuU. Sec Minfirels. dljjuficiane. by Grant or Prcfcription. Co. 2 par. Infi- fol. 222. fecmeth alfo to be a Liberty granted to JBijlffa, (Lat.)aMofs or Marfh Ground. Inter Murage bumidam ufque ad Muflam, Qp fie a Town by the King, for collecting Money to- duram terram wards the Walling of the fame. Anno 3 E l. defcendendo per Muflam iliam ufque ad rivum. Pat. 12 Ed. z.p. X. 22. cap. 30. A Place where Sedge grows ; a Place iSpMffa, Huntingd. lib. 8. pag. 15liratf, the City- Wall. over run with Mofi. In terr'n cultis Qp incultis in coHes, refonabant urbis Muralia. 392.' Refonabant Mufiis. Mon. I Tom. a Town or Borough furroundcdwith bof o+ In moris pag. meis feot- 426. Surattc, s. Ego verb de cajlris &P murationibus SfliJuSa for Mujfa. ritatem talem due?, &: confilio fanile Eclefix feci. QfyUftet Cometh of the French Moufire, i.fpeciBrbmpton in the Life of King Stephen. From the Sax. Morth, men, exemplum, as Faire moujlre Generate de tout [on tf0iKber, (Murdrum) armee, is as much as luflrare exercitum. The Sigwhich fome will have to fignify a violent Death from whence the barbarous Lat. Murdrum and nification is well known to Mujier an Army. So Murdrum. Sometimes the Saxons cxprefled it by mufired of Record, iS H. 6. cap. 19. is to be enin rolled in the Number of the King's Soldiers. Morthddd, and Morthweorc, a deadly Work ; French Meurtre, in Spanifh Muertre, in Englifn Mafier of the King's Mufiers. 2 Ed. 6. 2. Sec in Murder : A Word in Ufe long before the Reign Mafier. iiiJuffpr-maPer (Senera?, Anno 35 El. c. 4. See of Canutus but I cannot find that the'Sax. Morth a violent Death, but generally Mors. Mafier of the King's Mutters. fignifies wilful and felonious a^Uta Canum, (Fr. Meute de Ch-ens) a Kennel Amongft us 'tis taken for a Malice. Braclon, of Hounds. The King at a Bifliop or Abbot's Killing another upon prepenfed 2 cap. 15. num. i. defineth it thus: Deceafe had fix Things.- 1. Optimum tquum five lib. 5. traff. Romicidium quod nuUo prtfente, nullo audiente, nulla Palfridum ipfius Epifcopi cum fella & frano. 2. Vnam Cividente clam perpetratur. Britton, cap. 6. is of the Chlamydem five Clocam cum capella. 3. Uxum fame Opinion, fo is Fleta, lib. 1. cap. 30. adding phum ium iO-opertorio. 4. Unam pelvem cum lavatorio. it were TJnum Annullum aureum. 6. Necnon Mutam 5. befides, that it was not Murder, except the Party {kin was Englift), and no Fo- Canum qui ad Dom. Regem ration* prxrogativ* fua proved Hill. 2. Ed, 2. in Stat, PI Cor. lib. I. cap. 2. fays, fpeciant But pertinent. pott

&

reigner:

Staundf.

&

The Law
14
F..

in this

Point

is

fore thought Malice kills another, whether privately or publickly, Englijl) Man or under the King's Protection, Foreigner living and this prepenfed Malice is Two-fold; I. Exwhen it may be evidently proved that there prefs, was Ill-will. 2. Implycd, when one killeth another fuddenly, having nothing to defend himfuch like. Cromp. felf, as going over a Stile, or Of Murder, fol. 19. Per parol de Jufi. of Peace, cap.

Man upon

in the Time of or catting their Plumes. The Manor of Broughton Com. Oxon. in the Reign of Edward II. was held by John Mauduit perferjantiam mutandi unum hofiricum Domini Regis, vel ilium hofiricum portandi ad aerium Domini Regis. Paroch. Antiq. 569. Hence the Muta Regia, the Mews near Chairing- Croft in London, now the King's Stables, formerly the Falconry, or Place Murder en grants, le Grantee clama de aver amercia- for the King's Hawks. %Ufato,mi!J, i. e. Change of Apparel. jfufiit ment de Murderers. Broke, Tit. Quo Warrant. 2. But formerly it was taken only for a clandeftine eum arBiori carcere, Mutatoria autemfua ei nenfubof H. 1. cap. 92. firaxit. Mat. Parif Anno 1107. So in Gervafe of Killing ; for amongft the Laws Levioribus Rex mutatoriis indutus ad men'tis fa'id, That Murdritus homo antiquitus dicebatur Tilbury,

3. cap. 4.

For now

altered by the Statute it is Murder, when a

mortem Epifc. Bath.

I.

&

Wellenf,

&

Clauf. 30 E.

m.

16.

sS^utarf, To their molting,

mew up Hawks,

cuius interfeclor nefciebatur ubicunque, vel quomodonunc adjunSum ejl, licet fciatur cunque effet inventus,

fam

accedit.

fli t.ituff acciniffr,

A mewed Hawk,

Audelegh reddit ad fcaccarium unum fecerit, quis So in Mat. Pari/. Anno 1216". Arthurum nepotem fpcrvan'um mutatum per quod tenet de Rege in Memorand. in Scacmanibus per proditionem interfecit peffimo mortis capite Egmunton. propriis Murdrum appellant. But car. Term. Mich. 21 Ed. 1. by Sir John MayAngli genere quod' now 'tis a wilful Killing another ex malitia pre- nard. ijjjjutr, Mutus, Speechlefs, dumb, or that recogitata. Officers in the fufes to fpeak ; a Prifoner may ftand Mute two siWurfrigPr$5 Are two ancient two of the principal Alder- manner of Ways, 1. When he ftands Mute, withCity of Chefier, being eleQed to fee the Walls kept in out fpcaking of any Thing, and then it ttiall be men, yearly for the Maintaining whereof they enquired whether he flood Mute of Malice, or good Repair ; by the aft of God ; and if it be found that it was receive feveral Tolls and Cuftoms. c by the aft of God, then the Judge of the Court Knighton, lib. 3. fol. 253. fi0urilfgll , a Cat. ex Officio ought to enquire whether he be the See Morina. ^urrtna. The Service of Work and fame Perfon, and of all other Pleas, which he Sl^urOjJUin operatic, Labour done by Inhabitants and adjoining Tenants might have pleaded, if he had not ftood Mute. he pleads, Not guilty, or doth not anin Building or Repairing the Walls of a City or 2. When From which Duty fome were exempted fwer direftly, or will not put himfclf upon the Cattle. So King Henry the Second Enqueft, to be tried by God and the Country. by fpecial Privilege. Sec Paine fort to the Tenants within the Honour of Co. 2. par. Infi. cap. 12. 32 H. 8. granted Vt quieti fint de operationibus dure. Mute alfo fignifies a Kennel, or Cry of WaUingford rovi a ur. Cerfe, to & murdrum. Paroch. Antiquit. pag. Hounds, as Bailler la meute cafiellorum this perfonal Duty was commuted follow after him with a full Cry. Sj/elman. 114. When

Murdrum

homicidium per proditionem. Nicholaus de

&

&

NA
^fHcUifll, A Sort of Fifli, perhaps ihc lame with what now in Lancapire is called Milwyn, which spelman renders GremMt, but it was not Cod or Salt-filh ftriftly fo, but another Sort of For they *re cxprefly diltinguifhcd in this AcEt in tribtis copulis viridis Pi/eh, Of in count
quindecim
vi den.

NA
um
dum &P Nanniandum ineodem,
Edwnrdi, Oxon. ad ingredienQfc. Charts Kogeri Bonivalet Cordwanarii Oxon. ad Ofhevcnfcs, in Reg. Ctenob. Ofney, f. 118. Probably from the French Nant'tr, to give or gain Setfin or Pofleflion
quod
eft

in

farocbia

S.

of.

&

copula Ac
in viginti

Myllewell minoris Myllcwcll majoris

fortii,

fol.

fortis xii fol.

Paroch. Antiquit. p. 575. JllPIKlK", Myntcena. Sax. Mynerene, A Nun or veiled Virgin. Hence our Minnekin and Min- Et f.'tendum quod quidam Willielmus Lovel arlfc
neken Lafi, to dj)l>lhrp,

i.)Frotn the Italian may call it Linen Clothcry, or Honlhold Linen. f$nTT9tO}, a Pleader or Serjeant at Law
e.

/ftflnfrif, (.Anno 2
i.

R. 2

Napperia,

linteamina domeftica^wc

go

mincing,

c.

hie

Curia

in

Vtu Myfterium,

Occupation, derived
ars, artipcium.

modus, A Trade or impetuofo dixit cttidam Ade de Flit'ham Narrator! pru from the French M'ftier, > dicti Petri in Afftfa prefifia placitandi, &c. Hill. \6 Ed. 3. in Scacc. Anciently Servient Narrator was ufed for a Serjeant at Law. See Serjeant. So

prafentia fif audieirtia Juftic. animo

N.
JOllbu'U'.n.

in Fleta, lib. 2. e. 37.

Et

ulterius in

Curia Regis fro

aliquo narrare non audietur, nip pro femetipfo,

Mttcts nautica.

Spclrflan.

*n*
ed
in

j&utll.i, a Skiff, or Boat.

Tis mentionper

rator fuerit. fiiillt, or

to in
Suffolk.

p NarSeems

Jf?a(Te,

Mat.

Pari/, viz.

Tranptum

Nacellas

&

have been the

Name

(Anno^H.

7.

cap. 11.)

From
/'.

of the Port at Orford the Saxon Nxfe, Promonto-

alia vafa prteparavit.

rium.

a e. the State and Condition of a $cta, A imall Ship, a Yatcht, Jftaffeo, jjiatale, Tenet per fervitutem de te- Man. Si Tranfport Vcffcl. quis de bomicidio artufetur, &> idem fe nenda una corda in Nacka Doming Regine Anglie purgare velit fecundum Natalc />. Leg. Hen. 1.

quum

contigit

earn

transfretare.

Chartular. Abbat.

cap. 64.

Reddendo inde quanRadinges. MS. f. 51. b. tum unmet ad quintain partem ferjantie de Puddc worth, fcilicet, de tenemla una corda in Nacta Regin* Ibid. transfretando verfus PiSaviam. the Sax ,<r.'aiti, or jHjH)l, (Namium, from Niman, Capere,) Signifies the Taking or Diftrainand is cither ing another Man's moveable Goods, lawful or unlawful. Lawful Naam is a realbnable Diftrefs proportionable to the Value of the And this Naam was ancidiftrained for

^atlltopre . Quod nee diffus Philippus de Avery, nee h .redes (ui de cetera petere poffmt aliqua tallagia, nee etiam franeum plegium, nee etiam aliam deman-

dam, que vacatur Nathwyte. Charta 55 Hen. 2 m. 6. Perhaps from the Sax. Nath, i. e. Lewd nefs ; and fo it might fignify the fame with Lairivite.

iiifltibi

fenenfetf.

Sunt
;

(tpp "'
eft,

Thing

terram tenent Nativam obnoxiam. Spelm.

Hberi) qui
fervitiis

boc

Nativorum

or Dead, jrim\i\ tie ft>ttyrtf. ently called cither Vif or Mort, Quick J. C. Nativus dc Stipite according as it is made of dead or quick Chattels. quondam tenuit in villenagio ut de Stipite unum MefLawful Naam is fo either by the Common Law, fuagium in Rillaton, &c. Survey of the Dutchy of as when one takes another Man's Beads Damage Cornuial; where there is alio xMention of Nativi Feafant in his Ground ; or by a Man's particular Conventionarii. The firft were Villains or BondFa&, as by reafon of fome Contract made, that men by Birth or Stock : The other by Contract for Default of Payment of an Annuity itfhall be or Covenant. Servi enim alii natura, alii faHi ft* lawful to diftrain in fuch or fuch Lands, &V. alii emptione, alii redemptione , aliifua vel alter'ms daLL. Hen. 1. And in Cornwal it Horn'/ Mirror of Juftices, lib. 2. cap. De Naam. tione. cap. 76. See Withernam ; Non hbebit Namium fumere vel was a Cuftom, that if a Freeman married Nativadimonium, nee averiafua impanbiare. Mon. Angl. vam, and brought her ad liberum tenementum &> fi2 Par. fol. 256. b. Nemo Namium capiat in comi- berum tborum, and had two Daughters, one of tatu vel extra Comitatum, priufquam ter in Hundredo them was free, and the other a Villain. BraSon,

8. lib. 4. cap. 21, 22. fuo reSum fibi perquiperit. LL. Canuti MS. C. J infenbitur de Namiis capiendis. Quod p redSi nativi regent JpMtlWtftJP, 1. *. Servitude. quod dere noluerir.t (debitorcs) nee ad difrat.onandum venire, Domino Nativitatcm fuam, pve Bondagium. The in C'rvitate, Word is often mentioned in the Laws of William tunc cives, quibus debitafua debent,capiar.t

Namiayim,
tum
debet.

vel de

comitatu
I.

in

quo manet, qui

debi-

the Firft.
ffrnWOitP, Nativitas, Birth: Calling the Nativior by Calculation, feeking to know how long the Queen fhould live, &>c. made Felony, 23 El. Nativitas wa s anciently taken for 2. Bondage or
Vi/lenage, Terram quam nativi fid tenuernnt de fe in Mon. Ang. 2. par. f. 643. nativitate.

Char. H.

de Libertat. London.

See

Vetitum

Namium.

$.mat\OV.,(.Nimatio)
a Diltrefs.
In Scotland
it

ty,

ufed

Diftraining or Taking is for impounding.

Nemo veniens ad forum W* Nottingham cum quadriga 6P fummagiis fuis a Vefpere diei Veneris ufque ad Vcfperem diei Sabbat Namctur nip pro frma Regis
i

The Jurors of the /ftium, A Native Place. not be di- Borough of Wattingford, return upon Oath ftraincd. Quod nuHus de Natione iftiut Burgi pro quorunqut jgnmium urfitum Is an unjuft taking the Car- fatto quodfecerit, debet fufpevdi, &Fc. Paroch. Antirel of another, and driving them to an unlawful quit, p. 258. Place, pretending Damage done by them. In iliafiuP habftino Was a Writ that lay to the which Cafe the Owner of the Cattel may demand Sheriff, for a Lord, whofe Villain claimed for Satisfaction for the Injury, which is called Placi- his Inheritance, run from him, for the Appre{Carta H.
2.

Burgenf. de Nott.)

i.

e. fliall

tum

de

Namio

vetito.

hending and

&

jftanillfltlDum. Infuper obligavit eifdem Abbati Conventui, nomine pignoris, totum Tenementum fu-

Reftoring him to his Lord again. See the CharReg. Orig.fol. 87. F. N. B. fol. 77. ter of Richard the Second, by which he manumitted

ted all in the

pag. 254.

Walfingham, Day, or in fuch a Place, denieth that he did it mode &* forma declarata, which implieth neverthcHe that is born a Servant, and fo lefs, that in fome fort he did it Or if a Man be i3atlUU0, differs from him that fuffers himfclf to be fold, faid to have alienated Land in Fee, and he faith, of which Servants there are three Sorrs, Bond- he hath not aliened in Fee, this is a Negative pregfor thore nant though it be true that he hath not aliemen, Natives, and Villeins ; Bondmen were who bound themfelvesby Covenants to ferve.and ned in Fee, yet it may be, he hath made an fitook their Name from the word Bond ; Natives liate in Tail. Dyer, fol. 17. num. 95. And Brook we fpoke of juft before ; and Villains were fuch he titulo, and Kitcbin, fol. 232. and the Terms of who belonging to the Land, tilled the Lord's De- the Law. VVe read alfo in fome Civilians of Afwithout the firmativa pregnans, and that is, qua habet infe inclumefnes, nor might depart thence Lord's Liccnfe. Spelmans doff. Vide Chart. R. 2. fivam negativam, &> boc import are lidentur diet 'toin Com. Hcrtf. Wal- nes (folum a tantum) que implkamt negativam. qua omr.es manumittit bondagio Nativus alicu- Pacianus de probationibus, lib. I, cap. 31. num. 16. fingham, pag. 254. Quid fi aliquis

County of

Hertford.

&

Scoth cum eifdem Burgenjibus noftris per unum ann.ggildarc, nifivelit ei factionem facenum &> unum diem fine calumpnia, deimeps not: re, nee fervus cum libero. Leges Hen. I. cap. 70. a Domino fuo, ut in eodem Burgo liber The Laws of King Ina, Seel. 7, 8. thus expofftt repeti Non cogatur liber cum ferCarta H. 3. Burgcnfibus Mungume pound the Word permanent.
:

jus In prtfato Burgo manferit, in prtditia Gilda &>

& terram

in eo tenuerit,

fol.

epfuerit

Ranfa Qp Loth

&

93.

Jj-iCggilflare, ber cum fervo

To

claim Kindred. non

ccgitur li-

ry.

vo cognationem folvere,
rare.

nifi velit

turn faixione

libe-

Penfandum jftntinx Pudenda, Privities. autem eft, per vlfum accufantibus vifum concubi tus propenfius advertendum, ut, fcilicet ipfas coeuntium naturas viderint commifceri. Leges Hen. I
cap. S3.
Naturalizatio, Is when an Alien born, is made the King's natural Subject. See And this faith Spelman, Regio diphmate Denizen.
jtftatlltfllijation,

lis,

iftiifp, Nativa, From the French Is a Bond-woman. Anno 1 E. 6.

cap. 2.

2.

But

if flie
;

thereby

made Free

Naif, natura3. and 9 R. marry a Freeman, fhc is and if fhc be once Free,

and clearly difcharged of all Bondage, flic cannot be iV/aftcr, without fome fpecial Act done by her, as Divorce, or Confeffion 10 Court of Reautem cord ; and that is in Favour of Liberty, and expetendum Senatufconfulto Pctefl eft. virtule Regii Diplomatis denizaticnem, hoc eft, Mu- therefore a Free Woman fhall not be bound by a Villain to her Husband ; but their Iffue nuifium confequi, quo pradia comparet, pofftdeat, dif- taking fhall be Villains as their Father omnia fubeat ut\ naturalis indigena was, which is ponat, muniaque bireditarie tamen nil adeat fimplici hoc nomine : Sed contrary to the Civil Law, which fays, Partus Naturalizations pallio indutus omnem adipifcitur pie fequitur ventrem. See Manumiffion. 9 R. 2. cap. 2. See Nativus. Anciently Lords of Manors fold, nitttdinem. 1 was incum- jave or aGigned their Bondmen and Women, as fl/atogiutt Was that Duty which bent on the Tenant, to carry his Lord's Goods appears by, SAant quod ego Radulphus de Crombewcl Miles Liberi fint ab omni Cariagio, Navagio, in a Ship Senior &> Dominus de Lambeley dedi Domino Vicarie &c. Mon. 1 Tom. 922. the de Dedeling Beatricem iBa\3i0, iftabiftiia, A fmall Difti to hold filiam Will. Harvey de LambeFrankincenfe, before it was put into the Tburibu- ley quondam Nativam meam, cum tota fequela fua lum, Cenfer, or fmoaking Pot. InterEcclefi* cum omnibus catallis fuis pcrquifitis &" perquirendis. Tenend. prtdi&am Beatricem cum tota feTuribulum cum navi. Paro b. Habend. crnamenta It feems fo called from the quela fua omnibus catallis fuis &P omnibus rebus fuis Antiquit. pag. 508. refembling a Boat or little Ship, as a perquifitis Of perquirendis prtdicfo Domino Roberto vel Shape, for the like Reafon. We have fuisaffignatislibere,quiete, bene &P in pace imperpetuum Ccgue of Brandy feen fevcral of thefe Boat-cups in Silver, Earth, &>c. In cujus, &c. bits tcftibus Dat.apud Lambeley die SanHi Laurentii Martyris. Anno 13 E. 3. See Ma&c. iRanM CEfCTpffae, The Nave or Body of the numiffion. Writ of Neifty was a Writ Church, as diftinguifhed from the Quire, and whereby the Wings, or Ifles. It is that Part of the Church, Lord claimed fuch a Woman for his Neif, wherein where the Common People fit, which being the but two Neifs could be put ; but it is now quite Quod camera ejui veluti out of Ufc. longett Part is fo called Navium carina eft. Du Cangc. iRe niiuffe beree Is a Writ that lies for a Tejfiai'uita* ,The fame with Nativitas : Liberatus nant, who is diftrained by his Lord for other vitate cum teta/equel. Fleta, lib. 5. c. 5. Services than he ought to make, and is a Prohi//*<* Nay

&

& &

par. 39.
jfte

aPmittaS Is a Writ that lieth for the Plaintiff in a Quare Impedit, or him that hath an AQion of Darrein Presentment depending in the Common Bench, and feareth that the Bifhop will admit the Clerk of the Defendant, during which Writ muft be filthe Suit between them ed within fix Months after the Avoidance, becaufe

to the Lord in it fclf, commanding him not to diflrain. The fpecial Ufc of it is, Where the Tenant has formerly prejudiced himfclf, by performing more Services, or paying more Rent without Conftraint than he needed ; for in this Cafe, by Reafon of the Lord's Seifin, he cannot avoid him in Avowry, and therefore is driven to ; this Writ, as his next Remedy. Reg. of Writs, fol. after fix Months the Bifhop may prefent by Lapfe. 4. Fitzb.Nat.Br.f. 10. N. B.f. 37. ^iieotnagUH. See Noviomagus. Reg- Orig.f. 31. F. Ji^catlanO, Terra Villanorum, Land let or grantiftf 0X>l)pte, A Learner in any Thing, Tyro ; we call fuch a one a Novice. ed out to the Yaomanry. Ex vet. Cbarta. (Anno 4 H. 7. c. 21.) See Naffe. iftffii;. jfresattue pjejjnanr, Negativa pregnans, Is a Nean Affirmative : As if a Man See JEfica. gative implying alfo iJ2et()crlj> upon <&$k. being impleaded to have done a Thing on fuch a

bition

NI
quam amoveat
jRC dllicroitie?, Colore mandati Regis, quena podelfionc Ecclclix minus juilc.
in
3.

N O
the

littne bounty at their Coming. Sec 14 E. op. 15. The Form of the Writ you hav in the Old Nat. Brev. fol. 1 59. nd in the kegidrr Reg. of Writs, fol 6\. la fafcePe- Judki.il, j'ol. 7 28 J>Il"0l, Anciently "led for Lincoln, 75. New Book of Jiu. 1. 7X1.1. tit/onion in Turri London, 50 Ed. I. 7 E. 1. o- verbo Nil! prius. And it is called a Writ ol Nifi \prins, of thefe two Words, whereby the Sheriff (*pe alibi. alias Jfif[)(m?, is commanded to AlDerfJltg, alias /iJlCUTMia, bring to Wefiminfler the Men In tlio Lifetime 'oi impanelled at a certain Gulitl. Malmes. fag. 121. Day, or before the J uWilliam Rufus, hath thefe Words, Anglos fuos ap- fticcs of the next Affiles, Nifi die Lum apud talent 5 ut ampatriotas advocent ad obfi- locum priu.s venerint, &>c. And the pellat (Rex) ft jn6*t Jufticcs of Nifi dionem lenire, nifi fi qui vel'nit fub nomine nidciing prim mull be one of them before whom the remanere ; Angli i/ni nihil mife- Caufc is depending in the Bench. F. N. B. fol. quod ncqii.un fvi.it rius putamnt quam lujufce vocabuli dedecore aduri, 240. which lie takcth from the Statute of Tork, invincibilem exerci- Anno 12 E. 2. See eatervatim ad Regent confimmt, Wefim. 2. cap. 30. 15 E. I. and And Mat. Paris, in Anno 1088. p, 27 E. 1. cap. 4. 2 E. 3. cap. 1 7. and 4 E. 3. cap. 1 1. turn faciunt. velint fub and 14 E. 3 cap. id. 7 R. 2. cap. 7. and 18 Eliz. 14. Ut ad obfidionem veniant jubet, nifi n.mine Nithing quod Latiue nctjuam fonat recenferi, ap. 12. j]il U?, The leffer Hawk, or Sparrow-hawk In nemore de BlUewrd habebant Ar.hiepifcopus Cf CaiSlOUP, Ne.itb in Glamorganfiiire. i^tfnt C&ilUVifr Is an Exception taken to a nonic! Ebor. proprios Forefiarios fuos tf met fie areas ni forum > pafnag'.um. Cart. H. 3Petition, as unjuft, becaufc the Thing defired is accipitrum not contained in that ASt or Deed whereon the Ex Rcgiftro Joh. Romane Archicp. Ebor. MS-

&

&

&

&

&c

&

For Example, One defi- fol. 91. Petition is grounded. rcth of the Court to be put into Poffcflion of a jfthitCOlmi T&litOn($, I, e. Welfhmen, becaufc Hotifc, formerly among other Lands, V. ad- they lived near high Mountains covered with adverfc Party pleadcth, Snow, efpecially in Caermarthenjhire ; they arc judged unto him: The That this Petition is not to be granted, becaufe fo called in our Hiftorians, cum adverfus Nithough he had a Judgment for certain Lands vicolinos Britones Regia effet expeditio. Du Cangc. and Houies, yet the Houfc, into Poffcflion jftobilijU, A Noble, an ancient Kind of Entity whereof he defircth to be put, is not contain- Money now not in ufe; the Value thereof, in ed among thofe for which he hath Judgment. the Thirty-fourth Year of Ed-ward the Third, Sec the New Book of Entries, Titulo Nient com- being 1360. appears in the Letters of John King of France, upon the Treaty of Peace between prife. ) To the fame two Kings, where Art. 1 3. .OiCtlf Ocfirr, (Stat. 29 Car. J. cap. you have Item accorde efi differ Judgment to be had againft one by Nient thefe Words, que le dedire, i. e. by not denying or oppofing it, by De- Roy de France paytra au Roy d' Angleterre trois mi lions d' efi us d'or, dont les deux valent uti Noble de la fault. at this Edw. 4. cap. 5. ) Spelman money d Angkterre. jftlfff , ( Anr.o 3 Day value a Noble I hath it without any Explication fuppofe at fix Shillings eight Pence, but have no pecufrom nihil, and to fignify a liar Coin of that Name. it a Corruption ^obllitas-, Nobility, comprifeth all Degrees of Toy, or Thing of fmall Value: for we yet fay, (in fome Parts of England,) Nitles and Trifles. Others Dignity above a Knight, i'o that a Buron is the think it comes from the Fr. Neuf, novus, q. d. Neu- lowed Order thereof. Smith, dt Repub. Angl. lib. Bartolus in his Trail, de Nobilitate, lib. I. cap. 17. fles, or News. 3t'bcr Is the Black Book in the Exche- 12. defines it thus, Nobilitas efi qualitas illata,

We

jfiicter

or ij?ivl)l', Is a Word which the Sheriff /BoblC : The Rofe Noble was a Gold Coin curanfwers, that u appofcd concerning Debts ille- rent in England about the. Year 1344, as Knighton viable, and that are nothing Worth, by Reafon tells tis, viz. Anno 1344. Eodem tempore, Nobile Of of the Infufficiency of the Parties from whom objlus, Ferthing de auro cceperunt fiorere in regno, 2. Stat. 1. 5 R. cap. 3. and 27 &c. they arc due. Eliz- cap. 3. Accounts of Nihil jball be put out of ^i?0Cilta tfrrae Qui tenuit dimidiam vir^ftilltl,

quer fo called.

&c.

&

5 R. 2. cap. 13. gatam terra vel Nocatam tcrrac vel Cottagium See Nook of Capiat ptr IB-'Pue Is the Judgment gi- Cuftumar. de Sutton Colficld. ven againft the Plaintiff, cither in Bar of his hand. on Littl. often meet in Aftion, or in Abatement of his Writ. Jfirttea s noftfttl Xst firm a. Domefday with Tot noQcs de firma, or firma tot fol. 363. k j .'iii,l Oirir Is a Failing to put in Anfwer to noSium, which is to be underltood of Entertainthe Plea of the Plaintiff by the Day afligned, ment for fo many Nights. See Domefday, Tit.

the Exchequer.
jftillil

We

10 firma Drink, or Entertainment for fo many In the Reign of the Englifi) Saxons, Nights. Sec Nihil capiat per JTimc was computed not by Days, but by Nights, iRihil capiat y.er biUani. fo we read in the Council of Clovejboe, Anno 824. hreve. ^5;fi Vji'H' Is a Writ Judicial, which licth in t Ibl finita e> pr.feripte contentione coram Efifcopo Cafe where the Jury is impanelled, and return- \p f{ 30 nocies ilium juramenum ad Wefiminfier deed before the Jufticcs of the Bank, the one duSuw efi. And fo it continued to the Time of Party or the other requefting to have this Writ H. 1. Leg. c. 66, 76. and from thence 'tis ufual at for the Eafe of the Country, whereby the Sheriff this Time to fay a Sevcnight or Fortnight. is willed to caule the Enqueft to conic to jftOi'UmrtUUtU. Sec Nufanct. Wefiat a certain Day, or before the Juftices minfier
decern noftes de

which if a Man omit, Judgment paffcth againft Effexa. Rex Hundred him of Courfc by Nihil dicit, that is, becaufc he tunc reddit hoc manerium
in

de

Chcmercsford writelam

&

fays nothing not.

his

own Defence, why

it

lhould

lib.

Qpe.

'

iftotifpJB

NO
jRoofp;!?, alias
jftp&fri,

NO

Was a Word well iRon captenDO ClericUlll. See Clericum non ca Saxons to fignify ncccflary piendo. iHondaim Is the Omiffion, or Ncgleft, of] Fire, being derived from the Saxon Neb, that is, ncceffary, and fry, Ignis: But the learned Sptl him that ought to challenge his Right within a man is of Opinion from the old Saxon Neod, i. Time limited, by which Negleft .he is cither fo that Nodfyrs were Fires made in barred of his Right, as at this Day upon Nonobfecjitium ; Honour of the Heathcnilh Deities. Vide Procemi claim within 'five Years after a Fine, and Right urn Eadgari Regis de Ccenobitis Regularibus introdu- to him accrued, by the Statute of 4 H. 7. 24. Or of his Entry by his Dcfcent, for want of cendis, &c. Sh uis Claim, within five Years after the Dijfeifin made, jRoffue, iftauftur, A Coffin of Wood. ; i/el nofto vel petra, fub petra, vel fyra- by the Stat. 32 H. 8. 33. Vide Co. lib. 4. in Procem. corpus in terra mide, vel JlruBura cjualibet pofitum ejfodere pr/cfumpfe- and Continual Claim. Is a Man of no found rit. Leges Hen. I. cap. 83. jfl-Jutl compos jftenrrS It was ufual for the Memory and 4(2omen, Nominis impojitio. Underftanding, of which there are Romans to give Names to their Male Children four Sorts: Firft, An Ideot, who from his Natiwhen they were nine Days old, and to the Fe- vity, by a perpetual Infirmity, is Non compos males, eight Days after their Birth. 'Tis proba- Mentis. Second, he that by Sicknefs, Grief, or ble that they derived this Cuftom from the Gre- other Accident, wholly lofeth his Memory and Third, A Lunatick, that has cians, who did the like ; but amongft the Chrifti- Underftanding. ans the Name was not always given in Baptifm, fomcrimes his Underftanding, and fometimes not,
known among the
but fomc Time before, viz- <redidit autem Tiftnni- ali/juando gaudet lucidis intervallis. Laftly, He that us cum cmni domo fua, & data nomine proximo pafcha- by his own Aft, for a Time, deprives himfclf of And here in England, we his right Mind, as a Drunkard; but that Kind of te futuro baptizatus ejlcompos Mentis fhall give no Privilege or Bene may learn the fame Thing from Leg. H. I. cap. 70. viz. Si infans occidat vel occidatur, five nomen fit to him or his Heirs; and a Defccnt takes a habeat five nor. habeat, plena ivera conjeBetur. way the Entry of an Ideot, albeit the Want of 5P.onuiK'liit02, One that enucleates and opens Underftanding was perpetual. Coke, lib. 4. Beverthe Etymologies of Names. Spelman verbo No- ley's Cafe. menclator, interprets it to be Thefaurarius. jfton rilrritigfnoo Is a Writ comprifing under jftomiuatlCin (Nominatio) Is taken for a Pow- it divers Particulars, according to divers Cafes, er that a Man, by virtue of a Manor, or o- which fee in the Table of .Reg. Orig. verb. Non thcrwifc, hath to appoint a Clerk, to a Matron of dijlringendo. a Benefice, by him to be prefented to the OrdiNone, According to the Romans Acij-lotlffl, count, were thofe Days which at the Beginning nary. itJomina auiHaruni. King Edward the Second of fome Months had fix, of others had four Days, {Anno Reg. 9) fent Letters to the Sheriffs of Eng- according to the Vcrfes, land, commanding them to make an exaft Return into the Exchequer of the Names of the Villages, Sex Nonas Maius, OBober, Julius Mars, and Poffeffors thereof in every County, which Quatuor at relicjui, Qpc^ was accordingly done by them, and their Returns Thus the Nones in March, May, July, and OBotogether are called Nomina ViUarum, remaining (till in the Exchequer. ber, are the fix Days next following the firft Day, In other Months they arc Calends. iftonab'li'P Is an Exception taken againft the or the Plaintiff or Defendant, upon fomc Caufe why he the four Days next after the firft but the laft of cannot commence Suit in Law, as Premunire, thefc Days is properly called Nones, and the other Outlawry, Profefi in Religion, Excommunicate, or a reckoned backward, according to the Number diStranger born, which laft holds only in Actions ftant from the Nones, as the Third, Fourth or real and mixt, and not in pcrfonal, except he Fifth Nones. They are called Nones, becaufe be a Stranger and an Enemy. The Civilians fay, they begin the ninth Day before the Ides Dates That fuch a Man hath not Perfonam Jlandi inju- of Deeds by Nones, Ides, or Calends, is fufficient. See Bro. hoc titulo, and F. N. B. fol. 3 5, 6 5. 2 dicio. in his Glojfary interprets it Infi. fol. 675. Spelman for Meridies, Mid-day, Dinner-time, which we &> 77. See Ne admittas. in filon a&mittafl. Englijh call Noon and Non-tide, which is as $rjriae 1 peritr.ae Were Payments made to the much as if we fhould fay in Latin Horam nonam, Church by thofc who were Tenants of their id eft, Pomeridianam tertiam, non meridiem, and as Farms, where Nona was a Rent or Duty claim- he infers, Ratio -a Romanorum ccena dtiBa ejl, ed for Things belonging to Husbandry, and que hora die: nona ell, nee Jolenniter ante comedeDecima were claimed in Right of the Church. bant. JFJon eft Ctllpabill'fif Is the general Plea to an ^ftouage Is all that Time of a Man's Age, under One and twenty Years in fome Cafes, and Aftion of Trefpafs, whereby the Defendant doth Fourteen in others, as Marriage. Sec Broke, Tit. abfolutely deny the Faft imputed to him by the Age. Vide Agf\ Plaintiff, whereas in other fpecial Cafes the DejBonagium, i. *. The ninth Part of moveable fendant but alledgeth fome Rcafon in his own Goods paid in Nature of a Mortuary, which for- Defence And therefore when the Rhetoricians merly was the third Part of fuch Goods, and comprife the Subftance of their Difcourfes under therefore it was called Tertiagium : This was three Queftions, An this fit, quid fit, quaU fit claimed by the Clergy upon the Death of thofe Anfwer fallcth under the Firft of the Three, and of their Parifh, but by a Bull of Clement the as it is the general Anfwer in an Aftion of TrefSixth, it was reduced to the ninth Par* ; the pafs, that is, an Aftion criminal civilly profePretence for this Payment was, to diftribute it cutcd fo is it alfo in all Aftions criminally to pious Ufes. followed, either at the Suit of the King, or other, wherein the Defendant denieth the Crime

Nn

&

objefted
2

objected unto him.

Tit.

Non

See the New Book of Entries, JRon poncnoia in aiffififf * JuratiB and Staundf. PI. Cor. lib. 2. founded upon the Statute of Weftm. culpabilis,

Ii
x.
is

a Writ
cap.

38.

cap. 62.

and

Articuli fuper Clartas, cap. 9.

which

ilion

eft

fartum

Is

tion, whereby a

Man

Deed
Tit.

whereupon

an Anfwer to a Declara- upon divers Caufes to Men for the freeing them denicth that to be his from AJpfes and Jurors, particularly by Rcafon of he is impleaded. Bro. hoc their old Age. Sec F. N. B.fol, 16$. and the Regifier, fol.

granted

ioo, 119, 181, 183.

iRon 3joceoenbo a? -iflifam flpge inconfulfo jRon implacitanto aliquem tie libero renemen; fo fine hzebi Is a Writ to inhibit Bailiffs, &?c. Is a Writ to (top the Trial of a Caufe appertainfrom diftraining any Man without the King's ing unto one that is in the King's Scrnce, 6>r.
until the King's Pleafure be farther known. RegiWrit, touching his Freehold. Regifier, fol. 171. 13 on intromirteiiDo, quanbo b^rbp be i&jaenpf fier t fl- 1I0 Jfton refioenria p^o CJericia Kegia Is Writ in Ciiptfp fuhDOle initietratur, Is Writ directed to the Jufticcs of the Bench, or in Eyre, willing directed to the Ordinary, charging him not to them not to give one that hath, under Colour of moleft a Clerk employed in the King's Scras holding of vice, by Rcafon 01 his Nonretidence. Reg. Orig, intituling the King to Land, &V.
-

him in Cafte, deceitfully obtaining the Writ fol. 58. called Precipe in Capite, but to put him to this iftpn;ftefiofnre, 28 H. 8. 13. Is applied to fuch Writ of Right, if he think good to ufe it. Reg. fpiritual Perfbns as arc not refident, but do abfent But this Writ had Dependance thcmfelvcs for the Space of one or two Months Orig. fol. 4. b. on the Court of Wards, and therefore is now be- at feveral Times in one Year from their Benefices ; for Perfonal is come out of Ufe. required of EcclcfiRefidence

1 Par. Infi. rected to the Jufiices of Affife, fol. 625. to enquire whether the Officers of fuch Towns jfton fane apemo^, {Non fan*, MemtrU) Is an do fell Victuals in grofs, or by Retail, during Exception taken to any Act, declared by the their Office, contrary to the Statute, and to pu- Plaintiff or Demandant to be done another,

iRou flcrcanni3anno

OTictualia Is a

Writ dicommanding them

aftical Perfons

upon their Cures. See

nifh
fol.

them

if

they find

it

true.

Regifier of

Writs, and

whereon he grounds
the Effect of
it is,

by

his Plaint

or

Demand

/don moleffanPO Is Writ that lieth for him that Act, was Mad which is mole/led contrary to the King's Protecti- he did it, or when he made his laft Will and Teftament. See New Book of Entries, Tit. Non fane on granted him. Regifier of Writs, fol. 24.
Jfton obftante, (Which fignifies Notwithstand- Memory. See Non compos Mentis. is a Claufe tflon folbenoo pecuniam, an quam Cleric;: frequent in Statutes and Letters Patent. All Grants of fu;h Penfions, and every Non mutctarur p;o non fiefiientia, Is a Writ prohiobftante therein contained, fhalt be void. 14 Car. 2. biting, an Ordinary to take a pecuniary Mulct, cap. 11. Croke's Rep. 3. par. fol. 196". and Plowd. impofed upon a Clerk of the King's for Non RcCom. fol. 501, 502. In the Reign of King Henry fidcncy. Reg. of Writs, fol. 59. the Third (fays Sir Richard Baker) the Claufe ffiOTl'Mt (. *. Non efi Perfecutus, &>c.) Is a Non obftante (firft brought in by the Pope) Renunciation of the Suit by the Plaintiff or Dewas taken up by the King in his Grants and Wri- mandant, moft commonly upon the Difcovery of
;.

184.

And

that the Party that did or not well in his Wits when

ing,)

Sec Prynne's Animadverfions on 4 Infi. fol. 129. ifton omitt. pjopt. aliqtiam Ubertaf. Is a Writ that lies where the Sheriff returns upon a Writ to him directed, that he hath fent to the Bailiff of fuch a Franchifc, which hath the Return of Writs, and he hath not fcrved the Writ, then the Plaintiff fhall have this Writ directed to the Sheriff to enter into the Franchife, and execute the King's Procefs himfelf. Old Nat. Brev. fol. 44. Of this the Regifier Original hath three Sorts, fol. 82 S^ 151. and the Re8p 56. Alfo the Sheriff gifier Judicial one, fol. 5 fhall warn the Bailiff, that he be before the Ju dices at the Day contained in the Writ, and if he come not, then all the Judicial Writs during the fame Pica iffuing, fhall be Writs of non omitSee tas, and the Sheriff fhall execute the fame.
tings.

fome Error or Defect, when the Matter is fo far proceeded in, as the Jury is ready at the Bar to deliver their Verdict. Anno z H. 4. See the New Book of Entries, verba cap. 7.
Nonfuit.
tionem.

The

Civilians

term

it

Litis

Renuncia-

iBotl

tattt

inftymatlltf.
Is

See Informatus non

fum. /BoH'tenure

faying, That he ed in the Count,

an Exception to a Count, by holdeth not the Land fpccifior at leaft fbme Pan of it. 25

3. Stat. 4. cap. 16. Weft Symbol, part 2. Tit. Fines, feS. 1 38. makes Mention of Non tenure geSee the New Book of neral, and Non-tenure fpecial.

E.

Entries,
fpecial

Terms

de Ley, hoc Tit.

verbo Non-tenure, where 'tis faid, That Non-tenure is an Exception, that allcdging he was not Tenant the Day when the Writ was purchafed. Non-tenure general, is when one denies himfelf ever to have been Tenant to the

/Ron piftoin. It was Enacted 9 E. 3. 2. That Land in Queftion. none thenceforth fhould lofe his Land becaufe of jfftonsrerm, Non terminus, Is the Time of VaNon Plevin ; that is, when the Land was not re- cation between Term and Term : It was wont to plcvincd in due Time. Ralph de Hengham gives be called the Time or Days of the King's Peace. this good Account of it Caveat ftbi Lamb. Archaionom. fol. 126. and that thefc were in reus deficiens, quod infra I 5 dies terram fuam captam the Time of Edward the Confeffor; fee there. in manum Domini Regis replegiet, quod ft n n fecerit, This Time, by the Romans, was called Jufiitium
ad cahimniam
peter.tis

proximo die

placiti

amittet

feifi-

or

Feri*,

or

dies

nefafii

Peri* appellari notum

eft

tempus illud, quod forenfibus negotiis Sf jure dicendo vacatur G.iUice Non plevinc, & tquipoUet natura- vacabat ; earum autem al'u folennes erant, alU repenliter Hengham in Magn. tina- Briffon. dc verb, fignif. Jib. 6. Wcfenbec defaltx pofi defaltam.
terne ficut per defaltam
ifta defalta

nam

Et

cap. 8.

paratit.

dc
r

feriis,

num.

6.

iftoob

Jiaob
quod ego

of
J.

JLanti,

Noka

tent.

qua
meff.

fui uxor

H. A. unum
in villa de

&

W. B. unam Nokam

TJniverfis tradidi,patent &c.

ejeBione

cufiodi*, Tit.

Ejcdtione cuftodiae, num.

terra

cum

pertin.

See Affignment. iftoueC*. -Thofe

Dat. apud Sodynton. J E. ?. I have leen an old Deed of Sir Walter de Pedwardyn, wherein 12 Acres and an half were granted for a Nook of Land; but I think the Quantity was not certain. IUi qui tenuerunt dimidiam virgatam

M.

made by Emperors
Tbeodofian Cede,

Conftitutions which were after the Publication of the

were called Novella. Auurfius Culls the Julian Edition by that Name; and that barbarous Tranflation which was made in the Time

terra,

cappa minibus ad cibum Domini ad duo repafia c> ad Noon- bea de Samyte bene brudata cum imaginibus in taberaliam precariam cum uno bomive dd cibum naculis cum uno Novvche nobill de argento cum falufeench, Qp ad Noonfcench, fi Domi- tatione protraBa in amayi fapbiri coloris. Hift. Elicn. Domini ad duo repafia nus voluerit. Ex Cartular. S. Edmundi. MS. fol. apud Whartoni Angl. Sac'r. Part 1. p. 642.

of Bugaius, he calls the Autbentkks, which are nocatam terra, vel cotagium de bondagii te- Books of the Civil Law. See Affife of Novel iiiobel iffeifin. nura. Dugd. War. p. 66$. Diffeifin. Inter anticjuai confuetudines Abba/3ot)iomagU0, Woodcote near Croyden in Surry. JlJooillCiiencli. Hac ornamenta capeUe fu<e delata t'u de SanBo Edmundo JflOtnclK' infra manerium de Dominus vo- funt ad Ecclefiam fuam Elyenfem obitum fuum, Hcrdwyke Cuftumarius faciei fi pofi luerit unam precariam in Autumpno cum duobus bo- (fcilicet Johannis de Kc-icnc Epifcopi) una ru<uel

&

that is, nage. ^ftojrop, As much as to fay, Nortbroy, the Northern King: The Third of the three iftoplffr, No Perfon pall put any Noyles, Flocks, lies on the North TJorums, Hair, or other deceivable Thing into any broad Kings at Arms, and his Office Side of Trent, as Clarentius on the South He is Woollen Cloth, &c. 22 Jac. 18. mentioned in the Statute of 14 Car. 2. cap. 33. iBucejB colligfre, To gather fmall Nuts, or Hazle-nuts. This was one of the Works or SerSee Herald. vices impofed upon inferior Tenants. Edw. Homines iRo^tl)intU0, the North Country. Leg. de Hedingdon uno die colligcnt Nuces nomine Domini ^jiojtljumberlano. See Meata. in bofco See Ordovices and Veneti. Homines de Pydington qui vocatur Stowode ijiu^th, JttlalCS. I. Is per unum diem colligent Nuces ad opus Domini in ijiotarp, (Notarius,) Anno 27 Edw. 3. cap. Paroch. Antiq. pag. a Scribe or Scrivener that takes Notes, or makes bofco fuo cum uno homine. a fliort Draught of Contracts, Obligations, or 495Is a bare jftuoe <ffonfra(t, Nudum paBum, other Inftruments. Clauf Edw. 2. m. 6. Schedula tun ad- Promife of a Thing, without any Confideration confuta eidem memb. de Notariis Imperialibus At this Day we call him a Notary, or and therefore we fay, Ex nudo paSo non oritur mittendis. Publick Notary, that attcfts Deeds or Writings, to actio. jRtlDe fl5atfer. See Matter. make them authentick in another Country, but 3to ijiutnerum, Civitas Cant, reddit 24 /. ad Nuto Merchants. principally in Bufinefs relating of a merum, Domefday ; that is, by Number or Tale, 5Hote of a -Stmt, Nota finis, Is a Brief And Libra Penfata vel ad Pondus, Fine made by the Cbirographer, before it be ingrof- as 'tis called. fed ; the Form whereof fee in Wefi Symbol, part was by Weight. See Libra Arfa. Pecunia in numero, Ad numerum, numerata, was the ancient z. Tit. Fines, feB. 117. and ufual Refervation, and fuppofed to be See Non eft Culpabilis. ^ftot (BUUtp. intended in all Grants, unlefs the ^fiobale Seems to be Land newly ploughad, contrary that without Memory of Man hath not been was expreffed. Vide Hale of Sheriffs Accounts, pag. tilled. {Ex Cartulario Abbatia de Furnejfe in Com. Item Lane, in Officio Ducat. Lane. fol. 41. 6.) iJSllitlifma Signifies the Stamp or Impreflion nota quod Novale eft ager nunc primum pracifus, ut made on Money, and oftentimes Money it extra verborum fignipcationibus innovate, ubi Gloffa di- felf, viz. Aureus Calix, &> numerofum argent's Nucitur Novale terra de Novo ad culturam redatla, mifma. ibidem : Et quod ililimmata ferrae Is the fame with Denariatus cujut non extat memoria quod fuiffet Novale femel fuit, femper erit Novale, quoad deci- terra, and thought to contain an Acre, Sciatis me
:

322.

iftOtOt&eiD.

So Cornagium was called. See

Cor-

marum
decima

retentionem vel folutionem.

Excepta (/r. Will. Longefpee)

dediffe

&

loncejjiffe

Novalium cujufdam term, quam de novo ex- Maris de VValfingham fe> Canonicis Pat. 6 Edw. 3. pag. 1. m. 19. See Fru- vientibus in perpetuam Eleemofynam coluerunt.
tettum.
1

Ecclefia S.

ibidem

Deo

Ser-

40.

Nummatas

But Novale is not always taken to be terras in Walfingham, qua frit Arcbetel Brinig Land newly converted into Tillage, for fome- fratris ejus de focca Wihotune, libere, quiete Qp honoritimes it fignifies fallow Land, i. e. Land which fice abfque omni fervitio & omni confuetudine. Spclhath been ploughed for two Years, and lieth man. This feems to be a Miftake, for Nummnta fallow afterwards for one Year, or that which fignifies the Price of any Thing by Money, as and 'tis called Denariata doth the Price of any Thing by Comlies fallow every other Year, Novate, becaufe the Earth nova cultura profinditur; putation of Pence, and Librata by Computation
or

&

of Pounds. falk>w caufa novandorum fruBuum. flDblata. De Novis Oblatis Nicbil fcriba^iummiis', i. e. Penny ; 'tis mentioned in Tanta eis tur in Rotulo annuali, nifi ea de quibus Vicecomitts this Senfe in Matt. Wefim. Anno 1095. fiP debita Inventa in Originalilus qua viden- fuppetebat copia ut aries uno Nummo, bos vix 12 refpcnclent, Clauf. 12 E. 1. m. Dorfo. See nummis venderentur. tur effe clara.
it lies

^laua

/IJlltl, Nonna, Signifies a holy or confecrated an Af- Virgin, or a Woman that hath by Vow bound her of Time, Place, or fuch like, otherwife felf to a fingle and chafte Life in fome Place and fignment than as it was before in the Writ affigned. Bro. Tit. Company of other Women, feparatcd from the Deputy, num. ) 2. See Novel Affignmtnt of Tref- World, and devoted to an efpecial Service of Bro. Tit. God by Prayer, Fading, and fuch like in a new Place, after Bar pleaded. pafs holy Exercifes. Trefpafs 122. and Novel Affignment in a Writ de

Oblata.

JfioUfl 2lfl"t(?nttimf,

jijova

afiignatio, Is

OA
Excrcifcs.
tlan

OB
;

This is an Bpp> St. Hicrom tells us, SD^tl), (Juramentum) Is Calling Almighty Word, as Hf/tnian rcconicth of him in God to Witnefs, that the Tcftimony is true the Book De Origine fif Progrrjfn Monachatus, therefore it is aptly termed Sacramentum, a Holy 1. Band, a facrcd Tic, or godly Vow. And it is fol. iftiMCilhi : VVc may call him an Apparitor, Ser- called a Corporal Oath, becaulc the Party, when he fwcars, toucheth with his right Hand tho grant, or Beadle. Holy or Book of tho New Tefiament. Coke jfLmtWMi'oc JUlill. Sec Will. Evangelifis, See the fevcraf Oaths of ma/liujifr Obtit Is a Writ that lies for a Coheir, 3 Par. Infi. cap. 74, being deforced by her Co-parcener of Lands or ny of the Officers of this Kingdom in the Book of Tcncmenrs, of which the Grand-father, Father, Oaths lately printed. In a Deed of William de Uncle, or Brother to them both, or any other Elmbam, Knight, in French, Dat. 19 April, 49 iJ.
Anccftor, died fcifed of an Eftate See the Form of the Writ. Reg. Orig. fol. iz6. Sfc. and Fitzh. Nat. Brev. fol. 197. But it the Anccllor died fcifed in Fee-tail, then the Coheir deforced fliall have a Formedon, ibid. But wlicre the Anccftor was once fcifed, and died not feifed of the Poffeffion, but in Revcrfion ; in fuch a Cafe a Writ of Rationabili parte lies for the Party. JftuftHKP (No-umentum,) Cometh of the French Nuire, i. No ere, and fignifies not only a Thing
their
in Fce-fimple.

common

Promettant per lay Corps Sf de Chivalerie, que ft Dieu moy x oille mefnez en . favete, jeo deliveray les avantditz fommez, V. MS. Penes Will. Dugdalc, Ar. And
3.
is

this

old-falnioned Oath,

foye de

mon

Sv

anciently at the End of a legal Oath was added, So help me God at bis holy Dome, i. e. Judgment. Black Book of Heref. fol. 46. 'Tis called Canonica Purgatio, becaufe allowed by the Canons to diit

ftinguifh

from vulgari Purgatione,

viz.

by Battel,

or by Fire or Water Ordeal, which was always prohibited by the Church, and in fmall Matters done, whereby another Alan is annoyed in his which the Plaintiff could not prove, or if he Free Lands or Tenements, but the Affile or could, and his Proof was difallowcd by the Writ lying for the fame. F. N. B. fol. 183. And Conrt, the Defendant might purge himfelf by this Writ de Nocumento, or of Nufance, is either his own Oath, and this was called J urarc propria and then manu ; but in greater Affairs he was to fimplyrfe Nocumento, or depArvo nocumento, bring it M Vicountiel. Old Nat. Brev. fol. 108, 109. F. fomc other credible Pcrfons, who were ufually of N- B. fol. 185, 184. Britten calls it Nofance, whom the fame Quality or Condition with the Plaintiff, read, cap. 61, 61. Manwood in his Forefi Laws, and they were to (wear, that they believed what the in the Fo- Defendant had fworn was true, and thofe were cap. 1 7. makes three Sorts of Nufance The called Sacramentales, whofe Number were more rcft : The firft is, Nocumentum commune. Second, Nocumentum fpeciale. The Third No.u- or lefs, according to the Quality of the Crimimentum generate, which you may read there, nal, and to the Fault or Thing in Qucftion. If (tor I will not infill upon the Diftinftion ) Sec the Defendant was accufed of a very great OfReg. Orig. fol. 197 &> 199. Co. Rep. Williams's fence, of which there was no Proof, then he was Cafe. Inlread of this, now generally are brought to purge himfelf by the Oaths of Twelve fuch Actions of Trefpafs, and upon the Cafe. Witneffcs; and this was called J urate duodeci ma J^UtCCeiD or ^ieUtflfUr. Carta Antiq. S. 29. manu. Leg. Hen. 1. cap. 64. A certain Tribute paid in Cumberland and WefiOur Anccftors did believe, that a Man culd morland. It may be the fame with Homgeld, tor not be fo wicked as to call God to witnefs any Richar- Thing which was not true ; but that if any one by Neut , Neat, is undcrftood Cattle dus Rex, fift-. Sciatis not comejpjfe Gilbcrto filio fhould be perjured, he muft continually expe& Rogeii &P btcredibus fuis quietantiam per totam ter- that God would be the Revenger. Such Inftande Kendale de Nute- ces are mentioned in our Hiftorians. ram fuam de Wcftmorland See Malmf. Ric. 1. lib. z. c. 6. geld, &c. Cart. Is a Spice well flDatl) Of tlie fetnfl, Juramentum Regit, Is that /ftutmegi*, Nuces mufcaU, known to all, defcribed in Gerhard's Herbal, lib. 3. which the King taketh at his Coronation, menand mentioned among Spices that are tioned by BraHon, and divers others. 1 4 J. ap. to be garbled. 1 Jac. 19. H)atl) of the fcing'B 3|uSlcts Is the Oath they /frutrimenfum, Breed of Cattle. uilibet take at the Entrance into their Office, mentiondebet vendere equum mafcu- ed Anno 18 Ed. 3. fiat. 4. Cujhtmarius Domini non Paroch. lum neque bovem de proprio nutrimento fuo iJDbba. Servientes infirmitorii S? refeBorii refponde-

&

Antiq.

p.

401.

O.
feven Antiphoncs or alternate Hymn feven Verfcs, Qfic. fung by the Quire in Advent, was called 0, from beginning with fuch Exclamation. In the old Statutes and Orders for the Church of St. Paul in London, in Time of Ralph de Diceto, Dean, there is one Debet etiam novus ReChapter Defaciendo O. contra Natale fuum intonare, &> in

ant fuis Magifiris de ciphis argenteis mareis, cochealibus argenteis, Obbis, falariis, Mappis 6P manitterHilt. giis p. 104.

&

of OThe Time of
.

as appears out of Roger Hoveden, parte pofier. annul, fuor. pag. 430. in thefe Words, 17/ ergo eis (fc. regularibus) adimailD&etiientia
tur opportunitas evagandi, prohibemus, ne redditus quos Obcdicntias vocant ad firmam teneant, QPc. In the
it is

Ingulphi. Was a Rent,

Jidentiarius

ufed for an Office, or Adminiand thereupon the Word ; Obedientales is ufed in the Provincial Conftitutions, for thofe which have the Execution of any
ftration

Canon Law

of an Office

Office

Chorum invitare, reguU. For thus faith Lindeivode in hisGlofs upon domo fna pofl completorium &c. Liber Statutorum Eccl. Paul. London. MS. that Word, Hi funt qui fub Obcdicntia fuorum 86. Tralatorum funt &= habent certa Oficia adminifiranda fol. See Gavel-fefter. intcrius vel exterius. It may be that fome of thefe S[>i\ei<Ea\}t\. Offices called Obedientia, confifted in the Colle&iH)AiehU8, i. e. an Alc-houfc. Sec Gavel. on of Rents or Penfion., and that therefore fl)atvtatoeL thofe r a

Mum

under their Superiors.

Cap. prim, de Statu

rhofc Rents
t'ti:

were by

qux

colligebantur ab

racenf.

Anno n$>5-

a Metonymy, called ObedienObedientalibus. Con-.il. EboBut Obedientia, in a general

:

Acceptation of the Word, fignificd that was enjoined the Monks by the Abbot And, in a more rcftrained Senfe, the Cells or Farms which belonged to the Abbey, to which the Monks were fenr, vi ejufdem obedicntiae, either to look after the Farms, or to collcft the

Altar. And hence the Word was afterwards ufed for thin Cakes or Wafers baked in Iron Moulds, which the French (till call A cuftomary Treat in relievery Tiling Ohlee and Oblie.

ment of the

Item fingulis diebus dominicis in gious Houfes. quadragefima dimidium prahendarum frumenti de granario ad Oblatas, ad Ccenam, &P dimidium fimiliter in Cie-

na Domini ad idem.

Monaft. Angl.

Tom.

1.

pag.

Rents, which were likewife called Obedientia. So in Matt. Pari/. Anno 1213. In qualibet Balliva

149. DblationiF, Oblationes, Are thus defined in the Canon Law, Oblatines dicuntur, quacunque a piii

fidelibufque Chrifiianis offeruntur Deo &P Ecclefia, five quas obedientias appeliamus, '&c. ilDbif, A Latin Word, fignifying a Funeral res foli five mobiles fint ; pec refert an tegentur tefiaan aliter donentur. cap. Clerici 13. quaeft. 2 Solemnity, or an Office for the Dead, moft com- menio, Read more thereof in Duarenus de facr. Eccl. Miperformed at the Funeral, when the monly ni ac 12 Car. 2. cap. II. fier. benefi cap. tertio, Corps lie in the Church uninterred : Alio the

ilDblationtr of t!)e 2Hfar, Cuftomary Offering* Anniverfary Office. Cro. 2 par. fol. 51. Holloway's Cafe. It was held 14 Eliz. Dyer, 313. That the from the Parifhoncrs to the Parifh-Pricft, which Tenure of Obit or Chantry Lands held of Subjefts, were folemnly laid upon the Altar Of which the Mafs or Sacrament-Offerings were ufually is cxtint by the Aft of 1 E. 6. 14. See 1 5 Car. 2.
:

cap.

SDbit, flDoituarp, The Anniverfary of any Pcrfon's Death was called the Obit ; and to obferve fuch Day with Prayers and Alms, or other Commemoration, was called keeping the Obit. In had a Rcgiftcr or Kalcnreligious Houfes they dar, wherein they entered the Obits or Obitual

I
&

three Pence at Chrifimafs, two Pence at Eafler, and a Penny at two other principal Fcafts. Under the fame Title were comprehended all the accuftomed Dues for Sacramentalia, or Chriftian Offices, which in the Vicarage of Burcefier, about the Year 1112. were one Penny for a Burial, one Penny for a Marriage, one Penny for Days of their Founders and Benefactors, which Churching a Woman. Among the Altar Oblations were alfo reckoned the little Sums paid for faywas thence called the Obituary. ing Maffes and Prayers for the Souls of the DeiDbjurgatricw, Scolds or Railing Women. ceafed. See Mr. Kennet's Ghffary. i!DblattOne<! fimnMee , The Soul-feat or OfferTern, quia per Objurgatriccs & meretricei multa mala in villa oriuntur, viz. lites, pugna, feu ver- ing to expiate the Omiffions or Defaults of the
o.

berationes,diffamationes,Qp tranquillitatis perturbationes, tarn de noBe quam die, a: Scifmata inter Vicinos Villa feu prxdiBi, ac inobedientia contra Ballivot

Burgi

nofiri

alios

per

ac alia multa minijlros fuos, inquietationes clamores. earum hutefias Igitur utimur de eif-

&

dem. quod cum capts. fuerint, habeant judicium de le Gogyng-ftoole, &P ibl ftabunt nudis pedibus, &* fuis
crinibus pendentibus
poffint

6P

difperjis,

tanto tempore, ut afpici

ab omnibus per viam tranfeuntibut, fecundum voluntatem Ballivorum nojlrorum Capitalium ; Et pofi ad Gaolum, fip ibi morenjudicium faHum, ducantur
tur quoufque redemptionem fecerint pro fuis offenfionibus
tale judicium noluerint cafiigari, a villa hoc per Ballivos cum poffe Communitatis, ejiciantur, &>
Ji

? Et

deliBis

ad Voluntatem Ballivorum &> Communitatis

per

non per fe fuerit, propter plura mala difcrimina &* periula, qua per eas oriri foffent, &P nedum per illas, fed etiam per earum manutentores ; Et fi earum manufi

Wis ficut de perjuris vi!U perturhantibus , Qp tranquillitatem eo faffo amittant libertatem. MS. LL. liberi Burgi

tentores Jint de de nofiris Comburgenfibus, fiat

&

Party deceafed in paying Tithes, or other EccleDues, was at fiift an Oblation at the Funeral, which was often the beft Horfe of the Defunct, led before the Corpfc, and delivered at the Church-Gate or the Grave, for the Ufe of the Pari/h-Prieft. To this old Cuftom we owe the Original of Mortuaries, v. If the Corple of the Deceafed was carried from the MotherChurch to any other Place of Sepulture, the accuftomed Offerings were due to the Parifli-Prieft where the Party died. At the Burial of the Dead, it was a Cuftom for the furviving Friends to offer liberally at the Altar, for the pious Ufe of the Prieft, and the good Eftate of the Sou! deceafed. The Rclick.s of this Cuftom do ftill obtain in North Wales, where at the Rails, which decently defend the Communion-Table, there is a Tablet or flat Board conveniently fixed, to receive the Money, which at moft Funefiaftical
rals is offered

to

villse

de Mountgomery a tempore Hen.

:

2.

own Ability, and the Quality of the Deceafed Which items a providential Augmentheir
:

by the furviving Friends, according

tation to
flDbfata, Properly Offerings

fome of thofo poor Churches.

_

See Mr.

But

in the

Ex-

Kennet's Ghffary.

chequer it fignifies old Debts, brought together from precedent Years, and put to the prefent See the PraBice of the ExcheSheriff's Charge. Alfo Gifts made to the King by quer, pag. 78. any of his S'.ibjeb, which were fo carefully taken Notice of in the Reigns of King fohn and Henry the Third, that they were entered in the Fine Rolls, under the Title Oblata ; concerning which fee Mr. Phil.ps his Book of the Antiquity and Legality of Royal Purveyance. Spelman's Ghffary, and Prynns Aurum Reginx. Sec Nova
Oblata.

The four i!Dniat!on_eB qnafuo? p^inripatf!r, chief or principal Offerings to the Parifh-Prieft, which were made in the Fcaft of All-Saints,
c
t

and Eitfier. ha tamers Chrifimas, Candlemas, uod Sacr.imenta baptifmi, fponfalistm, purificathms,

Sp quatuor principals Oblationes, videlicet in Fe' omrium SanBorum, Natalis Domini, purificationis ftis beata Marise, ac Pafcha, ac mortuaria omnium &> fir.gulorum ibidem fepulturam eligentium cum omnibus
oblationibus ratione funeris oblatis
integre
fip

Ecdefit

dehitis

referventur

confecratcd Wafers or Hoflrs diftributcd to Communicants in the Mais or SacraiiDblafse,

The

Hofpitalis
fol. 51.

S. S.

Trinitatis

Munimenta de Pontcfracto, MS.

fibiiligati^n, Obligatio,

Penalty,

with

Is a Bond containing a a Condition annexed, either for

Payment

o c

OF

If Tenant pur terme de auter vie iiDcrtipant, Payment of Money, Performance of Covenants, or the like, and i'o differs from h Bill that hath dies, living Ceftuy ftttU; he that firft enters no Penalty nor Condition ; and yet a Bill may mall hold the Land during that other Mans be obligatory. Co. on Lift, fol. 171. and Weft Sym- Life, and he is in Law called an Occupant, bccaufc his Title is by his firft Occupation ; and fo bol, part 1. lib. l. fell. 146. if Tenant for his own Life, iibbllOOZ Is he that enters into fuch an Obli grant over his Eftatc the Pcrfon to whom it is enter- to another, if the Grantee dies, there fliall be an {ration, and Obligee ed into. Before the Coming in of the Normans Occupant. Co. on Lit. cap. 6. feff. 56. hd BulfirotCi (as we read in hgulphus) Writings obligatory Rep. 2 par. fol. II, 12. were made firm with Golden Croffes, or other fmall ilDccupatmn, Occupatio, Signifies the putting a Man out of his Freehold in Time of War, and Signs or Marks. But the Normans began the is all one with Difleifin in Time of Peace, faving making fuch Bills and Obligations with a Print or Co. on Lit. fil. 249. Seal in Wax, fet to with every one's fpecial Sig- that it is not fo dangerous. So wc fay, fuch Land is net, aticltcd by throe or four Witneflbs. In for- Alfo Ufe or Tenure. mer Time many Houfes, and Lands thereto, in the Tenure or Occupation of fuch a Man, that in his PofTcflion. See Terre-Tenant. Alfo pafled by Grant and Bargain without Script, is, Charter, or Deed, only with the Landlord's Trade or Occupation, 12 Car. 2. cap. 18. But OcSword or Helmet, with bis Horn or Cup ; yea, cupations, in the Stat, de bigamis, cap. 4. are taken and many Tenements were demifed with a Spur for Ufnrpations upon the King, nd is -when one or Curry-comb, with a Bow, or with an Arrow. ufurps upon the King, by ufing Liberties which he ought not. And as an unjuft Entry upon the See Wang. iDbotara terrae, In the Opinion of fomc, con- King into Lands or Tenements is an Intrufion, lb tains half an Acre of Laud, others but half an unlawful Ufing of Franchifcs is a Vfurpation. Obolum terra is ten But Occupations in a larger Scnfe, are taken for a Perch. Tbomafius fays, Foot in Length, and five in Breadtn. See Far- Purpreftures, Intrufion* and Ufurpations. Sec
dingdele and Spelman's Gloffary more at large upon this Word. But, Bed's duas folidatas, tres dtnari-

2
is

Infi. fol.

273.

obolatam annui redditus, Charta Johannis de Stretc, 26 Edw. 3. fignifies two Shillings and fix Pence Half-penny yearly Rent. UpuDluo rrt* Seems to be half a Pound of Wax. Leg. Canuti, cap. 1 4. Et fiat in Anno Symbolism lucis, i. e. a Contribution for Candles, viz. Primum in Vigilia Pafcha Obulus cerac de omni hida, &Pc. See Farthinjdale. Jf)t)fdU For Ciftella. Brompton, Jag. 1224.
atns
'<&>

a Writ that licth for him which cjcScd out of his Land or Tenement in Times of War, as a Writ of Novel diffeifin lies for one ejefted in Time of Peace. Ingham, feS. Brief, de
J&H'Clipauit Is

Ncvel

Diffeifin.

OUava, The eighth Day following fomc peculiar Fcafts. See Xltas. fiDctopiramrn ^omonto^iuni, St. David's Head
S)CtflDf,
in Pembroke f\)ire.

Dctt>
talcs.

tmC0.

Sec Tales,

See Bn.

Tit.

OSto

iiDtroCflfiOll!?,
fol.

(Obvetitiones,)

Offerings.

Infi.

661.

Alfo Rents, Revenue, properly of

spi-

was dirc&ed to the Sheriff, to enquire whether a Omnes Man committed to Prifon upon Sufpicioa of &V. iedi matr'ts Ecclefi* flits, Obvcntioncs, tarn in decimis majoribus &* minori- Murder, be committed upon juft Caufc of Sufpirebus de afjartis de Wigenoc, cion, or only upon Malice. bus, quarts in ali'is Regijficr, fol. 133. P dec imam pannagii &P venationis de Wige- Brafton, lib. 3. part 2. cap. 20. And if upon InMS. penes Will. Dugdale, quifition it were found, That he was not Guil y, noc 6 de RinfeU, &.. then there came another Writ to the Sheriff to Mil. iJDi'CftHo Is, according to Spelman, taken for bail him. But now that Courfe is taken away an Impediment. In the Charter of Liberties of by the Statute of 28 E. 3. cap. 9. as appears in Henry the Firft, wc have thefe Words, Quorum Staundfcrd, PI. Cor. fol. 77. and Co. lib. 9. fol. $6". Regnum oppreffium erat injufis occafionibus & exafti- and Spelman, verbo Atia. Atia was anciently onibus ; and in Chart. Fore ft. cap. I 2. unufquifque liber written Hatia, or Hatya, for Hate, from the homo de cxtero fine occalione faciat in bofco fuo vel Saxon Hatian, To wax not, to rage, alfo to hate;
In terra

ritual Livings. Anno 12 Car. 2. cap. 11. Margeria Marefcalia Comitiffa de Warcwyke San8& univerjis

flDtUO ft atia Is an old Writ mentioned in the Statute of Weftm. 1. made cap. 11. And it

;i.

fua

molendina,

vivaria, &c.

Qccafio

is

not Atia, quia Malitia

fol.

eft

acida, as Sir

Edw.

Coke

alio taken for a

on

his

Tribute which the Lord impofed has it in his 9 Rep. Vaflals or Tenants. Propter Occafi- See Spelm. on Atia.

506.

and in 2
i.

Infi. fol.

41.

oncs bellorum vel aliarum necejfttatum.

fore,

And

there-

fiDDOrtarium for Donarium,

fDrcaffowe

Signifies to be

charged or loaded

This SDfCOlicmiicUfl Executor of a laft Will

e. Mums. Word was ufed

and Teftamcnt,

for the as the

with Payments. Non propter hoc occafionentur co- Pcrfon who had the Oeconomy or fiduciary Difporam Domino Rege & Jufiiciariis. S;at. Ed. 2. Anno fal of the Goods of the Party deceafed per 21. So in Fleta, Itaqujdipfivigilatoresnonocca.fi- tejlamentum fuum ui Oeconomiconfiituerat oncntur. Lib* 1. cap 24. par. 7. Lib. 2. cap. 66. cus illius Dominus Georgius Winter tefiamintum Stat. Marlbridge, cap. it. and in the fuum violavit. Hift. Dunelm. apud Whartoni par. l8,*i9. claudi faciant, quod Angl. Sacr. Part 1. See Vicedomini. Monaft: 2 Tom. fag. 916. Ftjfa pag. 784. averia mea non pojfint travfire cf fi tranfierint inde non Sometimes the Word is taken for aft Advocate occafionabo. or Defender; a<, Summus fecularium Oeconomus, SD.catinnfP, (in fomc Authors corruptly writprotector Ecclefia. Mat. Parif. Anno 1245ten Occcifior.es') Are Aff.xrts, whereof Mar.wcod In the iJDffer;np:nkUt", and iiDtorrdnrnfffa. ab Oc ando, Council holden at in the Time of fpeaks t large; the Word is derived Winchefier, i. e. Harrowing or breaking Clods Sec Sp?!>n.n:\ Archbifhop Lar.franc, Anno 1076. we read, Si auvcrbo EJfartum. Effarta vulgo dicuntur tem tiofi excommumcationtm & fitisfaSionem venerint, Glcjfary, d [fidorum Occationes nun upaniur. Lib. Ni- foriifacfuram fuam, qu* Anelice vacatur Oferhyrneffe jiijc apii

&

-,er ik.i gcr Sacc. pur.

1.

cap. 15.

feu

Cahfllrc,

pro

reddant.

Magiftrates of a Corporahcrneffa. tion, willing them not to make fuch a Man an CfintO^ium, A Piece of Silk or fine Linen, Officer, and to put him out of the Office he to receiTC and wrap up the Offerings or occafio- hath,- until Enquiry be made of his Manners, nal Oblations in the Church. Hence in the according to an Inquifition formerly ordained. Statutes of the Church of St. Paul in London, it Reg, Orig. fol. 126.

Sec Gloff. in

un.iquaque vacatione Ehifcopo fuo 10. Scriptor. verbo Ovcr-

iDff!tiarii0

11011

farienOis bel amofoentrig

Is

Writ dirc&cd

to the

was ordained, Vt Sacrifta curet quod corporalia, palla, veflimenta, Offcrtona &> abjlerfiria munda Jint
integra

iiDfficuim
Will,

&

Osborne,

Granted to Curtiigii panntyum, Extract. Fin. Cancel. 2 E. 2. m.

:

nit'tda.

Ex

Pauli, Lond.

MS.

fol.

59. b.

libro Statut. Eccl. S. are told by

18.

We

iiDfganfHurtJClT

Spelman thinks
Ordal,
i.

him by Ludovicus de Onuphrius Panvinus, and from Lacerda, Offertorium ejfe Jindonem fericeam, feu Lintamen, in quo Jzdelium oblationes reronebatitur. 'Tis a Word mentioned in a Vifitation of the Treafury of the Church of St. Paul, London, Anno
1295,
*'*

be read Ofgang Eantque (rei) ad

fordell vocant.

for

ihould rather ad crdalium. tranjitus

it

triplex

Conftit.

judicium quod Angli OfgangCanuti Reg. de Forcfta,

cap. 11.

jUMDs&Oton in Uerefordjhire. See Bleflium. Offcrtorium fkragulatum de rubro &> viSDlcrotl iau.% Or the Laws of Oleron, {Leges Sometimes 'tis taken for the Ant'tphona Uliarenfes) arc fo called, becaufe made when ridi, Qpc. or Singing at the Time when the Sacrament s King Richard the Firft was there, and have Rcadminiftred fpect to Maritime Affairs. Co- on Lit. fol. 160. This Oleron is an Ifland in the Bay ot Acquit ain, at the Mouth of the River Cbarent, now belongAjfettum fpndet Chorus Offertoria cantans. ing to the French King. Sec Selden's Mare ClauAnd fometimes 'tis taken for the Offerings of the fum, fol. 222 254. and Prynn's Animadverjions on 126. Faichf. 1, and is the lame with Oblatio. Co. 4 In ft. fol. Doth fignify not only that hi) jQDIIaia cercbifi*, A Pot or Flaggon of Ale or re, Ojfiiiuw, Et ft brajient ad vendendum, dabit pro quoFunction by Virtue whereof a Man hath fomc Beer. Employment in the Affairs of another, as of the libet bracino unum denarium, -vel ollatam cercvilix, Confuetud. Domus de King, or of another Pcrfon ; but alfo an Inquifi- tanti pretii fro tolneto. tion made to the King's Ufc of any Thing by FarcndonJ MS. f. 9. Virtue of his Office who enquireth. And thereiVttipiao, Olympias, The Space of five Years: fore wc oftentimes read of an Office found, which Ethelred, King of the Er.glifb Saxons, reckoned his is nothing elfc but fuch a Thing found by Inqui- Reign by Olympiads, as appears by a certain fition made ex Officio. And in this Senfe it is ufed, Charter of his, having thefe Words, Confentiens
:

&

33 M.

8.

20.

and

to traverfe an Office,

in Staundf. Pr*rog. fol. 61. where (inquit) figno is to traverfe the Inquifition 4. Regni mci.

fanBx

And

Crufts fubferipji in Olyvnpiade this, by cotemporary Writers,

in Kitchin, fol. 177. To re- fcems to have been the fixteenth Year of his return that which is found Reign, and the Year of our Lord 994. or thereby Virtue of the Office, See alfo the New Book of abouts. Spelman. From the Saxon On flDncunne, i. e. Accufed. Entries, Tit. Office pur le Roy, and this is by a of the Effect. And there be two Sorts cunnen, Accufatus. Si quis alium Godhorgis oncunna Metonymy of Offices in this Signification iffuing out of the compellare velit, quod ei aliquid ipforum non eompleExchequer by Commiffion, viz. An Office to en- vit perjuret, hoc in 4 Evangeliis fat. Leg. Alfred, title the Kingjo the Thing enquired of, and an Office cap. 29.

taken of an
turn

an

Office,

Office, is to

and

&

of Inftrutlion,

for which fee Co. 6. Rep. fol. 52. Pages Cafe. Office in Fee, is that which a Man hath to himfeifand his Heirs. 13 E. 1. cap. 25. Kitch. fol. 152. See Clerk. flDffiriol, Officialls, Is a Word very divcrfly ufed ; for fundry Civilians of other Countries, that write in thefe Days, apply it to fuch as have the Sway of temporal Jufticc. Egidius Boffins in &c. But by praft.erim. Tit. DeOfficialibus corrwpus, theancienter Civil Law it fignifies him that is the Minifter, or Apparitor of a Magiftrate or Judge,
lib.

the Knee, rata poitiomg Is a Writ that lies for a Joint-tenant, or Tenant in- Common, that is diftrained for more Rent than his Proportion of the Land cometh to. Reg. Orig. fol.
iDnearlj,
*'.

e.

ncrauou v;o

182.

enters

SD. ni. In the Exchequer, as foon as a Sheriff into his Accounts, for Iflucs, Amer-

ciaments,

and mean

Head
niji

this

Mark

Profits, they fct upon his 0, Ni. which denotes Oneratur,

;

habtt fufficientem exonerationem and thereupon he forthwith becomes the King's Debtor, and a efpecially taken for him to whom any Bifhop Debet fet upon his Head, and then the Pardoth generally commit the Charge of his fpiritu- ties Peravayle become Debtors to the Sheriff and in this Scnfc one in every and difcharged againft the King. Co. 4 Inft. fol. al Jurifdicrion,
1. feff. ft

quis ultro.

In the

Canon Law,

it is

Diocefe

is

Officialis

Principalis,

whom

the Statutes

116.

i/DrttlPt impOJfatlD!, The Charge of Importing, 32 H, 8. The Reft, if they be more, are by the Ca- mentioned 12 Car. 2. Art. 28. 1 5. The Burden of proving, non Law called Officiates Foranei, Gloff. in Clem. 2. iiDnuff p/pusnD', but with us termed Comtniffiaries, fpoken of, 14 Car. 2. cap. 11. and feveral other de Refcriptis,

and Laws of

this

Kingdom

call Chancellor,

Commijfarii, or

fomctimes Commijfarii

Foranei.

The

Statutes.

Difference of thefe two Powers you may read in fiDpni iLatr, Lex manifejla feu apparens, Is maLindewode, Th.de/equeJlrapoJfeJf. cap. 1. verbo Of- king Law, which, by Magna Charta, cap. 21. But this Word Official in our Statutes Bailiff:, may not put Men unto upon their own ficialis. and Common Law, fignifies him whom the Arch- bare Affcrtions, except they have VVitnefs to Deacon fubftituteth in the Executing of hisjurif prove the Truth thereof. Sec Law. di&ion, as appears by the faid Statute.
1

JGDpentlKOf,

O R
Mntlieof,
nimtiftriwriftgi Willicl.

OR
dicitur, lkich

SDib\*, Anglict, A Bcnney, a Swelling or Knot 0S)ven ()Cf, That is, open Theft. in the Flefh eaul'cd by a Blow. Bract, lib. 3. Tit. pladta vel crimir.a emendari non poffunt qua Quadam Ebercmord Dc Corona, cap. 13. num. 1. Arma funt Husbrcch, Bcrncr, Open Thcf, and Lafordfwick. Leg. Hen. I. cap. 13. Hoc in moluta plagam fadunt, Jicut gladiui, bifacut.i tf
pi.

Ran

Spel-

bujufmodi
furas,

Ligna

man.
iiDpfrarii. In ancient Surreys and Accounts of Manors, we meer often with thofc Tenants which were called Operarii ; they were thole who had lbmc little Portions of Land by the Duty of other ferperforming many bodily Labours, and wile Works for their Lord, and were no other than the Servi, Natives, and Bond-menilDpcratio, One Day's Work performed by any Homines de inferior Tenant to the Lord. Hcdingdon facient Hngoni Qp haredibut fuis pro qualibet

Orbes

&

vera

fc>

lapides

iHus qui judicari

1

non poffunt

fadunt Bra ad

plagam.
::cl)e[,

{Anno
cap.

Rich.

3. cap.

8.)

Orchal,(^w.

and 3 fc> 4 Edw. 6- cap. a.) fcems to be a Kind of Cork, or rather a Kind of Stone like Allum, which Dyers ufc in their Co24 Hen.
8. i.

lours.

die inter

two virgata ten*, fexdecim Opcrationcs, videlicet, cVc. Paroch. Antiq. p. 520.

flDptrfi Ciiiifje,
cd.

ras) ex

Dogs with whole Feet not lawEt deber.t habere Canes Opertos {feu OpeCuonini genere Canum, Qf non impditatcj.

Fefium,

ed of Or, magnum, and deal, alias dele, Judicium, ftumar. dc Sutton Colficld. or Opt us. Tritico defi- or as others, from Or, which in that Language iiDpirilfi for Autopyrus, & mucidus, i. e. The is privative, and del, part, that is, expert criminis, ciente p.uiis eorum Onirus Matt. Pari/. Anno or not Guilty ; but is ufed for a Kind of PurgaBread is coarfe and mufty
1148.
tion

SDltittEe or Jtielff, EffoJJio metaUi, Ts a Word derived from the Saxon Ore, MttnUum,*.w\ Delfan, effodere, and often ufed in Charters of Privileges, being taken for a Liberty, whereby a Man claims the Ore found in his own Ground, but properly is the Ore lying under Ground As alfo a is Coal Dilfe or Coal, lying in Veins under Ground, before it is digged up. ilDioet, Ordalium, Is a Saxon Word, compound:

praciilcd

in

ancient Times,
Purgatio

and

in

the

JjDppa.

See Blanhornum.

Canon
were of Water.

Law
this

called

Hotoman cfaecially, Difput. de Feud, pag. 41. called the Archbifliop's Option. where, of five Kinds of Proofs, which he callcth Ber- Feudales pobationes, he makcth this the Fourth, SD}H. Ego frater Nigelius Dei gratia Abbas tonU, dedi, in Capitulo nojtro, &P omnes fratres mei calling it Explorationem , &P bujus furiofe pobationis mecum, terram de Ocovcre, Ormae, hac conventione, 6. genera fuiffe animadvertit, viz. per fiammam, ut unoquocjue anno nobis xx Oras perfolvat, &P proinde per aquam, per ferrum candens, per aquam vel geliThis was Saxon dam vel ferventem, per fortes 8f Sine dat. jaftus eft homo nofter. per corpus Domini, or Coin, valued at fixteen Pence a-piece, of all which he alledgeth levcral Examples out Money See ^often found in Dome/day,) and fometimes, accord- of Hiftory, very worthy the Reading. ing to the Variation of the Standard, twenty Skene de verbor. pgnificat. verbo Machainum. Pence. Homines de Berkholt in Com. Stiff, dicunt This fcems to have been in Ufe in Henry the Hen. Avi domini Regis nunc, file Second's Time, as appearcth by Glanvile, lib. 14. quod tempore Regis Sec alfo bant habere talem Confuetudir.em, quod quando mari- cap. 1, 2T Verftegan^cap. 3 pag. 6$. &>c. THis Ordalian Law was tare volebant filias funs, filebant dare pro filiabus fuis See alfo- Hoveden 556. maritandis duas Oras, qua valent xxxii Denar. condemned by Pope Stephen*., the Second, and It aftcwards here Pla. coram Rcgc, Mich. 37 H. 3. Rot. 4. totally abolished by Parliament, was the fame with our Ounce, which is valued at as appears by Rot. Paten, de Anno' 3 Hen. 3. Membr. of Spelman jtwenty Pence. This was the Opinion and Somner. 'Tis a Word often mentioned in III. Dei Gratia Rex, &c. dileffis 8* manerium reddit 30 libras denaDome/day, viz. Tale In Leg. Canuti, fifteen Or* riorum de so in Ora. fdelibus fuis Philippo de Ulecot &> Sod i make a Pound, cap. 31. fuis fuflidariis itinerantibus in Comitatibus CumberRefor- land, Wcftmorland, & Lancafter, Salutem. Quia flDjanOO fUO tneijie 9 fiegnO. Before the mation, while there was no (landing Colled for dubitatum fu'it Of non determinatum ante incept'ior.em a fitting Parliament, as foon as the Houfes were itineris veftri, quo judicio deducendi funt ilii qui recfati met, they petitioned the King that he would re- funt de Latrocinio, Murdro, incendio, 65 biis ftmilibus, to pray for the cum pohibitum fit per Ecclefiam Romanam J udicium quire the Bifhops and Clergy Peace and good Government of the Realm, and Ignis Aquae ; Provifum eft a Con ilio noftro, ad for a Continuance of the good Underftanding prttfens, ut in hoc Itinere, fie fiat de reifatis de hujufbetwixt his Majefty and the Eftates of his King- modi exceffibus, viz.. Quad iUi qui reSati funt de crimide eis habeatur fufpicio dom. And accordingly the Writ De Orar.do po nous pradiBis majoribus, in Edward the Third's quod culpabilis fitit de eo unde reBati funt {de quibus Rege Sf Regno was common Libr. Part 3. etiam liet Regnum noftrum abjurarent adhuc fufpicio Time. Mr. Nlbolfin's Engl.

a new Suffragan Bifhop is the Archbifhop of the Province, by Conlecrated, a cuftomary Prerogative, docs Claim the Collation of the firlt vacant Dignity or Benefice in that See, at his own Choice, which is therefore

^Dpnon.

When

vulgaris.

There

two

Sorts,

Of

thefc fee

one by Fire, another by Mr. Lamhard, in his Ex-

plication of

Saxon Words, verbo Ordalium : Of this you may read likewife HoUngftied, fol. 98. and

HEnricus

&

&

Hifior.

p.

effet quod poftea malefacerent) teneantur in Prifona noor Border of a Garment. ftra, fiP falvo cuftod>antur, ita quod non incurrant pRichardus de Bury Epifiopus Dunclm. dedit Ec- riculum vit* vel membrorum occafione prifon* noftrt. de nigra cumicacum tribus capis Ilii vero qui m edits criminibus reHati fuerint, &P quibus defin fua veftimeiitum Orariis decenter ornatis. competeret Judi ium Ignis vel Aqua, fi non effet prohiept/dtm feHx cum largis Hilt. Dunelm. apud Whartotii Angl. Sacr. Part 1. bitum, fif de quibus, fi regnum noftrum abjurarcr.t,

66.

i2)?an'Hm,

The Hem

p.

766.

ftrum abjurent.

nonulla fuerit poftea malefadendi fufpicio, Regnum IUi vero qui minoribus reHati fuerint

criminibus,

O R
crlmlnlbus, nee de els fuerit mall fufpicio, falvos
atures flegios Invenlant de fidelltate

O R
& pace

of which did qualify for Prefentation and Admiffion to an Ecclefiaftical nofira Dignity or Cure, Cum were called Ordines majores ; and the inferior Ordlmlttantur In terra nofira. fie ^fervanda, certlus provlderlt in hac parte Confilium ders of Chantor, Pi'almift, Oftiary, Reader, igltur nihil ad pr fens, relhiqulmus difretioni vcftra hunc Exorcift, and Accolytc, were called Ordines minofirum Ordinem pndiBum obfervandum In hoc itinere vefiro, nores : For which the Perfons fo. ordained had & ipfarum their Prima Tonfura different from the Tonfura ut perfonas hominum, formam dellBi,
fecort-

&

&

qui

rerum veritatem ^melius cognofere

poterltis,

hoc Ordine

Clericalis.

fecundum
Telle

dlfcretlones

&

Confclentlas

vefiras

In bujuf-

modl procedatis, &r.

was charged on Thomas, Earl of de lib. 9. firata Lancafierand the Saxon Dictionary. See Fire Or- Ordinum fugitivos, legifque tranfgreffores, ne lege MarceUa, Paroch. Antiquit. Ordale. pleBerentur, pertlnaclter favere. dale, and Water Was Part of the p. 388. fiD^DflH, Oaths and Ordels, in old CharJJD^DO Is taken for that Rule which the Monks Privileges and Immunities granted the Right of adminiftring Oaths, were obliged to obfervc. In Eadmer. vita S. Anters, meaning and adjudging Ordeal Trials within fuch a Pre- felmi, cap. 7 7. H<tc Qp his fimilia Novltins diclt, dum Abbas &= Conventus Glatton Ordo Imprimis llll gravis videtur. cinct or LibertyHD^OO fllbUB, The White Friers. Thefe were omnes terras fuas habent focam &> facam, hundred per Othcs Ordels, calde hordes, &c. Chartu- of the Order of St. Augufilne. The Cifiertians alfo fetene, wore White. Of the~Black Monks 1 find it thus a. lar. Abbat. Glafton. MS. f. 87.
this
Co. Subject, verbo Ordalium,

die bit, and fo renoune'd their apud Wefi. 26 particular Order, in H. de Contempt of their Oath and other Per eur.dem Obligations. nofirl See Spelman at large upon The Favouring and Protecting fuch Fugitives Burgo Jufilclarlum.

In cujus

Rei Tefilmonium,

&c

^D^Dinum ^Fugttifal. Thofe of the Religious who deferted their Houfes, threw off their Ha-

Domino P. Wintonlenfi
regnl

Epifcopo

fan. Anno

tertio.

&

&

A Book containing the Manner of verified Divine Offices ; In quo or dinatur Moperforming Sunt iria nigrorum qu* vafiant res Monachorum, dus, &c Renes Of flje Jfcuefr, Ordinatio Forefta, Is a venter, pocula fumpta frequenter. sL^uinance Statute made touching Forefl Caufes, in the ThirtyHDlTlO lltger, The Black Friers. Sub norma Befourth Year of Edw. 1. See Ajfife.
:

D?DtnalC,

&

&

nedlBl famulantes; as Ingulphus tells us, pag. 8ji ^Cinance of #ar!ianienf, The fame with And ASs of Parliament are called and Mat. Pari/, pag. 321, 514. The Ciuniacs alfo of Parliament. Ordinances of Parliament often in the Parliament- wore Black. If there be any Difference, it is, that an jflD^uObicefi, North Wales. Rolls. Et unum Meffuaplum ad Orea fua fafiD^ea. Ordinance is but temporary, and to be altered by the Commons alone. But an Aft is a perpetual clenda. Mon. Angl. 2 Vol. fol. 265. a. iiD?Eff, In the Charter of Henry the Firft, to Law, and cannot be altered but by King, Lords, Decanus and Commons. See Par. Roll. 37 E. 3. num. 38. the Church of St. Peter in Tork Animadvcr. in 4 Infi. 1 3. Yet the Oracle Capltulum habebant curiam fuam fiP jufiltiam cum Prynn's Theam &> Sir Edvi. Coke, docs with many Ci- ficco Qp facca, Thol of the

AB

&

Law,

&

&

Infangenthecf,

tations affert, that an Ordinance of Parliament is to Vtfangentbef, Flemenefrith, Ordel, &> Oreft infra be diftinguifhed from an AB, forafmuch as the tempus & extra, cum omnibus allls immunitatlbus, latter can be only made by the King, and a three- &c. MS. Barn Et unum MefflD^EUm, Horreum, fold Confent of the Eftatcs, whereas the former is ordained with One or Two of them fuaglum ad Orea fua faclenda, 2 Vol. Dug. Monaft. S>iXiMaxv, Ordinarius, Is a Civil Law-Term, 265. a. and there fignifies any Judge that hath Authority iiDifgtlf, alias Cljeapgflo, (from the Saxon of Caufes in his own Right, Orf, Pecus, and Gild, fojutlo vel Redemptio,) Is a to take

Cognifance

as he is a Magiftratc, and not by Deputation ; Delivery or Reftitution of Cattle. but in the Common Law, it is taken for him that jfays, 'tis a Reftitution made by the
',

But Lambard

Hundred or

worn by our Kings and Nobility, a Record in the Tower, where the eo funt alii Ordinarii, King commands the Templers to deliver fuch fuis jnrifdiBionibus, fed fab viz. qulbus competit jurifdlBlo ordinaria de jure, prl- Jewels, Garments, and Ornaments, as they had of his in Keeping, among which he names Do/vel confuetudine, QPc. vileglo, i!0;Pinattcnr contra feruiente^ Is a Writ that maticum velatum de Orefreis, i. e. a Dalmatick, or with Orfrales. And of old the lieth againft .1 Servant, for leaving his Mafter uJGarment, guarded the Statute. Reg.Orlg. fol. 189. IJacquets or Coat-armours of the King's Guard gainft i$)fiUKB, A general Chapter, or other folemn ,were alfo termed Orfrales, becaufc adorn'd with Convention of the Religious of fuch a particular fuch Goldfmith's Work. Et In folutis Fratribus Roberto LawOrder Dl%fi\loug, But more truly Orguillous, that is, ton &> Willielmo Mcriton pro fuls expenfis verfus proud and high minded ; derived from the French
rii,

hath exempt and immediate Jurifdi&ion in Caufes Ecclefiaftical, as appears in Co. lib. 9. fol. 36. And the Statute of Wefim. 2. cap. Henjloe's Cafe. 11. and 21 H. 8. cap. 5. Co. a 19. 31 E. 3. cap. See Broke, hoc tit. and Lindetvode in' 19. Infl. cap. Tit. De verbo Ordinaconfiltutlonlbus, cap. Exterior.
. '

County, of any"
Pledge.
for

Archa.

Taking away of Cattle.

Wrong done by-one that was in pag. 125. Or rather a Penalty

iSDifraiefl,
reis fills),

made

(Aurifrifium, i. e. Veflis acuplBa auFrizled or embroidered Cloth of Gold, and ufed in England, both before and fince

copo,

faith, Ordinarius habet locum prlnclpaliter In Epif- the Conqueft, allls fuperlorlbus, qui foil funt unlverfales in as appears by

&

Ferres ante Fefium 'Orgueil, i. e. Pride. exlfientes apud Hygham Michaelis hoc anno vii SpI. Paroch. Antiquit. Di%epg, 32 .2. Stat. 3. cap. 3. Is the greateft Sort of North-Sea Fifh, (for the Statute fays p. 576. iD^PinPB maj02e mino^.* , The Holy Or- they arc greater than Lob fifli) which we now ders of Pricft, Deacon, and Sub-Deacon, any call

ordines
S.

o
call

s
WorrefterJIiire.
1

OU
Tom.
fol.

Organ-Ling, corruptly from Orkney Ling, becaufc the bed are near that I (land.
SD^qtlOf,
*

In the Treafurer's Remembrance in carcere Tulliano, a Legate for the Pope here in iJD;iginalia. Office, in the Exchequer, are Records or Tran- England, 22 H. 3. whoic Condi tutions we have fent thither out of the Chancery, and arc at this Day. Stotu't Annals, pag. 303. fcripts which contains the dtljoboilUB Was a Deacon-Cardinal of St. Adiftinguifh'd from Record*, in Suits tried before the drian, and the Pope's Legate here in England, 1 5 Judgments and Pleadings H. 3. as the Award made betwixt Barons of that Court.
Nifi the faid King and his Commons at Kennfwcrth ; Mat. Parif. 1 2 5 1. his Conftitutions we have at this in refelforio vet Oriolo pranderet. Day in life. Dial. In compotit SDuch, 24 H. 8. 13. A Kind of Collar of Gold, AJZlagUim, Horologium, worn by about their Necks. It is fomeS. Paulinas, London Cufiodi Orlagii per Ecclefi* Ex libro Statut. Eccl. Paul. times alfo ufed for a Bofs or Button of Gold fet annum I Marc.

Without Rccompcnce. The Bibl. Cotton. * where no Satisfaction was to be >fuiefln>, A Town in Shropshire, fo called from Meaning made for the Death of a Man killed ; that is, St. Ofwald, who was overcome in Battle, and kilhe was lawfully (lain. Si hoc inveritet, jaceat Or- led there by Penda. >tl)0 Was a Deacon-Cardinal of St. Ni.holas, gilde.
is,

See the Charter in Spelm. Councils, 432. and the Leiger-Book of Worcefter in

iS)2i0lum,

i-

e.

appeareth by

Porch or Court-yard.

Women

with fome rich Stone. SDbflrp Of ibttoittB Is Equality of Services; as, when the Tenant Paravail owes as much to Book termed the Mefn t as the Mefn does to the Lord Paramount. 22. Fitz. Nat. Br. fol. 13 d. So Owelty of Partition. Papilla oculi, cap. Be Chart. Foreft. part 5. cap. and fignifies the Claws of a Dog's Foot, being ta- Coke on Littl. fol. 169. Words which begin or end with Over, 4Dber. ken from the French Orteih des pieds, i. e. digiti and are Names of Places, fignify a Situation near the Toes. pedum, Pro uno Ortolagio &P No- the Bank of fome River ; from the Saxon Ofer, fiPKOlagium na garba totius Lucrationit de Domino de B. Monafi. Ripa; as, St. Mary Over in Soutbwark, Brvwnfover in Garden-Plot. Wartvickfhire. Angl. Tom. I. A Ordinatio pro vifla Fratris Oriolum fiDtoertptro Is a Saxon Word, and fignifies a ijD^ual, de Daventrc faSa Perfon convicted of a Crime From the Sax. Ofer, Johannis Afsheli dudum trims 'Tis mentioned in Habeat cameram quandam in Super, and Cythan, effendere. 22 OQob. 1420. the Laws of Edit), apud Brompton, ^.836. eodem Prioratu vulgariter appeUatam ly Oryal Colletan. Matth. Et habeat annuatim 40 Sol. OuiTDfrniflj, i. t. A Contumacy or Contempt Hutton, S. T. P. Ex Regiftris Ric. Flcmmyng, Ep. of the Court. Sometimes it fignifies a Forfeiture Line. MS. Adjacet atrium nobilifilmum. for fuch Contempt. In the Laws of Adeljlan, c. 25.

London. MS.
$[>ipe D.

Orped Knight, i. whofc Clothes (hincd with Gold. SDittlll Is a Word ufed in the

Some

e.

Knight

vel Oriolum appellatur. Mat. Parif. in it fignifies Contumacy, viz. Si quis Gemotum ad'tre quod porticus vitis Abb. S. Albani. may jultly prefume fuperfedeat, ter emendet Overhcrniflam. In a Counthat Oriel or Oryal College in Oxford took Name cil held at Winchefler, Anno 1027, it fignifies a Forfeiture for fuch a Contempt, viz. Si autem from fome fuch Room, or Portico, or Cloifter. It was a Cuttom formerly in (tertio vocati) excommunicationem ad fatisfactionem 2>fcUlUTTl pacii*. pofi the Church, that in the Celebration of the Mafs, venerint, forisfaSuramfuam qua Anglice vocatur Ovcrvocatione Epifafter the Prieft had confecrated the Wafer, and fcweiieflc feu Lafhlite, pro

We

Ofcutum pacts. Afterwards, when this Cuftom was feratione gratis eum dimiferit, emendet fecundum Wcabrogated, another was introduced, viz. That ram ipfius furis, vel plena lada fe adlegiet, quod cum whilft the Prieft fpokc thefe Words, a Deacon or eo falfum nefcivit : Si quis audita clamcre fuperfedit, Subdeacon offered the People an Image to kifs, reddat Overfameffa regis, aut plene fe laidiet. Lib. which was commonly called Pacem. We read it in rub. cap. 36. This feems to have been an ancient Mat. Parif. Anno 1100. Regem duxerunt ad offeren- Penalty or Fine (before the Statute for Hue and a Murder dnm &P iterum reduxerunt ad pacem. Cry) laid upon thofc, who, hearing of flDfmOHDH, or iiDffmunOH, {Anno 32 Hen. 8. or Robbery, did not purfue the Malefactor. 3 and I find in Spelman's Glcff. Mention of a Infi. fol. 116. cap. 14. Laft ofOfmonds,) Is a Kind of Ore, or Iron-ftone, >bert %(t, Faffum apertum, An open A&, Co. the Nature of Iron, and it fecms was 3 Inft. fol. 12. which muft be manifeftly proved. affuming JVXitrt 1100^0, An open plain Speech; derived anciently brought into England. flPdtnfio Was a Tribute paid by Merchants for from the French Ouvert, open, Anno 1 Mar. Sejf.i. Leave to ihew or expofe their Goods to Sale in cap. 3. sDuiale for Ovile. Matt. Parif. fub anno 1 3 54. Markets. Qui per terras ibant oftenfionem dabant &> tehneum. JLcg. Ethclrcd. cap. 23. Durlop, The Leirwite or Fine paid to the Lord by the inferior Tenant, when his Daughter UDfllimi <2Janoni0, Yarmouth. Nativi in villa SDftnalD'U 3(Lato, By which was meant the E- was corrupted or debauched.
folvit quilibet pro filiabus fuis je&ing marry'd Priefts, and Introducing Monks de Wridthorp into Churches, by Ofviald Bifhop of Worcejler, An- ntaritandis gerfom Domino, fiP Ourlop pro filiabus corPetr. no 964. reptis, 6 Stoth P alia fervitia Qp anxilium. siDfuiatu'jl &atO IftmtyPD Is an ancient Hun- Blcf Contin. Hift. Croyland, p 115. dred in Warcefterfnire, fo called of Ofviald, Bilhop sDuSer , Derived from the French Ofier, to reof Worcefter, who obtained it of King Eadgar, to move, as oufied of the Poffefllon, that is, removed be given to St. Mary's Church there. It compre- or put out of Poffcflion. Mich. 9 Car. 1. Cr. 3 Rep. hends 300 Hides of Lands, and is exempt from fol. 349. Pocke's Cafe. the Jurifdiction of this Sheriff. Cam. Brit. Tit. S f flDuffcr.

unaquaque fpokc thefe Words, viz. Pax Domini vobifcum, that copofuo reddant. Sec Leg. Mthelred. cap. 27. the People kiffed each other ; and this was called tt^terfampffa, Si quit furi obviaverit, Qp fine

io:i-

ou

P
a

Signifies to nion, That thofc which in the forenamed Statute buffer le maitie, Amovere take off the Hand, though in true French it are termed Outparters, are now called Outputers, fhould be Offer la main ; in a legal Scnfc, it de- being fuch as fet Matches for the Robbing any note* a Judgment given for him that traveiTed or Man or Hor.fe. See Intakers. Outtx'Otre, Are Bailiffs errant, employed by fued a Monflrans le droit, and is indeed a Delivery of Lands out of the King's Hands; for when it the Sheriffs, or their Deputies, to ride to the farthat the theft Places of their Counties or Hundreds, with appearcth upon the Marter difcuffed, hath no Right or Title to the Thing foiled, the more Speed to fummon fuch as they thought King then Judgment (hall be given in the Chancery, ^ood, to their County or Hundred Courts. 14 E. 3. That the King's Hands be amoved, and there- Stat. 1. cap. 9. to the Httomle, *. A mournful Thing ; as, Now upon an Amoveas manum {hall be awarded Efchcator, which is as much as if the Judgment am I made an unworthy Outwailc. See Ordeal. il>U)Dil. were given, that he lhall have again hts Land. Sec 28 E. 1. Stat. 3. UDhitltP Is, when there is Lord, Mefne, and 24. Staundf. Prarog. cap. It was alfo taken for the Writ granted Tenant, and the Tenant holds of the Mefne by cap. 19. It is writ- the fame Service that the Mefne holds over of this Petition. F N. B. 256.
;'.

mum,

maine. 25 H. 8. 22. But now all WardPrimer Scilins, and Oufter le maim, ships, Liveries, &c. are taken away and difcharged by 12 Car. 2. ten Outer
le

upon

fol.

the

Lord above him

See Ovelty.

this is called Owelty

of

Ser-

vices.

cap. 24.

of

SDrgailfl Of ?lailf , Bovata terra. Land, is fo much as Six Oxen

ExnDUifcr If mer, Vltra mare, Is a Caufe of cufc or Effoin, if a Man appear not in Court Summons, for that he was then beyond the
upon
Seas.

Cromp. Jur. fol. 220. perly to be fpoken of fuch Land as lieth in Gaynour. Old. Nat- Brev. fol. 117. Skene de verb. Jigof

Six Oxgangs can plough. But an Oxgang fecmeth pro-

See

Effoin.

trait- 2. cap. 34. Utfangethefe dicitur latro exlraneus\ and that Four Oxengates extend to a Pound Land. in terra veniens aliunde de terra aliena, &> qui capusfuit Spelman fays, Bovatus terra eft quantum fufficit ad ic iter vel aHum ttnius bovis. enim eft bos tales babet libertatcs: But Britten hath gan^
|

th s defined JlDuifangthi'f Is

by Bralhn,

lib.

3.

nif verbo Bovata terra, faith, That an Oxengate Land fhould always contain Thirteen Acres,

ipjius

qui

Ox

&

othcrwile,

fol. 91.

It

is

a Compound
extra
;

of Three'

val gate, iter.

See

Co.

tin

Lit. fol. 69.

In

Lincolr.-

Saxon Words, viz. Out, and Thef, i. e. fur. captus,

for a Liberty Affifes. enabled to call any Man dwelling within mcy impleda devant Juftices en le Oyer de Chelmsford his own Fee, and taken for Felony in any other par un brief de Novel Diffeifin,&c. Anno 13 Edw- J Ra- See Afftfe de Novel Dijfeijin. Place, and to Judge him in his own Court. 2 Ph. Mar. and I DrtX aim HCfrmilltT, Audiendo &> terminando : Expofttion of Words, flaU'i In true French, Ouir Terminer, Is a Commifcal>. 15"SDutlanP, The Saxon Thanes divided their Boc- fion efpecially granted to fome eminent Perlbns, land or hereditary Eftatc into Inland, fuch as lay for the Hearing and Determining one or more ncareft to their own Dwelling, and which they Caufcs: This formerly was ufed only upon fome And Outlatid, fudden Outrage or Infurrettion in any Place, conveniently kept to their own Ufc: which lay bcyond.or out from among the Inlands or Cromp. Jur. fol 131,132. Weftm. 2. cap. 29. 13 Demains: And was granted out to any Tenant E. by which you may fee who might grant this of ancient Commiffion, and for the Fprm thereof, and to hereditarily, but (like our Copyholds Time, which had their Original from hence) whom it may be granted, F. N.B. fit. 100. and Out- Broke, ho*- tit. A Commiffion of Oyer and Terminer mecily at the Pleafure of the Lord. This land they fubdivided into Two Parts, whereof is the firft and largeft of the Five Commiffions one Part they difpofed among fuch as attended by which our Judges of Affue do fit .in their feon their Pcrfons cither in War or Peace, called veral Circuits. In our Statures it is often printThe other Part they ed Oyer and determiner. See 4 lr.fi. fol. 162. Theodens or leffer Thanes. a Petiallotted to their Husbandmen, whom they term sL>pi'r uf fiffOjtJ, (Audire Recordum"), Is ed Ceorls (i. c. Carles or Churls). Vide Spelman of tion made in Court, that the Judges, for better Proof- fake, will be pleafed to hear or look upon Feuds, cap. 5. iilutlalr, Vtlagatus, One deprived of the Bene- any Re ord. So like wife to demand Oyer of a Bond, out of the King's Prote&ion, Deed or Covenant. fit of the Law, and calls him Bannituni extra le jD j>Ff , Corrupted from the French Oyez, i. c. Fleta, lb. 1. cap. 47. 21. cap. it. num. 1. Audite, Hear ye, is known to be ufed by our %em, and 'BraHon, lib. 3. trail. & 2. fays, Forisfacit utlagatus omnia qua pads funt, Crycrs, as well in Courts as elfewhcrc, when they Proclamation of iny Thing. quia a tempore quo utlagatus ejl caput gerit Lupinum, make maxime ab omnibus interfid pofft impune ita

mon Law
Lord
is

Fang, capio tie! Jbire they corruptly call it an Oskin of Land. It i* ufed in the ComiDper Seems to have been anciently ufed for Come Hawife de Veer or Privilege, whereby a what we now call

&

...

&

&

quod
:

&

tt

fe

defer.derit vel fugerit, ita

quod dfficiHs
ttic

fit

ejus
ai:

captio

But in the Reign of Edward

P.

Third,

the Judges agreed, That none but the Sheriff onlawful Warrant therefore, fhould pur ly, having to Death any Man outlawed. Co. on Lit. fol. 128

Matt. Par:/,

fol.

767.

Fecit

equos

Sec Utlawry, and Capias utlagatum.

tDvitlflnvr, Vtlagaria, Is the Lofs

meos &* PUatjiJltTI, homines reftare donee Paagium extorSpelman thinks it ihould be read Paffag'mm fiffet.
five tionem.

of the Benefit

telonium

exaSum

pro

tranfttu per

altenus

di-

of a Snbjet, that See Utlawry.

is,

of the King's Protection.

H. 5. cap S.) A Kind of g)l.ltpartfr?, {Anno 9 Thieves in Riddefdale, that Hole Cattel, or other

^arabilir, Payable, paffable. Elvlee, Prior de Kiikham habet

mum

Johannes de Palfrir.um Qp
red-

unum fummarium
piet

pro fe,

ad quorum prebendam

Things without that Liberty

Some are of Opi

3 duodecim quarteria bona cj paexbilis avert*, fujfuientem

&

PA
fufficientcm
eijiiit.ilur.ini

PA
xj.

fro

C.tpellano fuo.

Kal.

dum

'fun. 1310.

Ex To

Rcgift.

Grenefelil,

Arcliicp. Ebor.

MS.
pay. As tolnetum pacare, to Toll. Mon. Angl. Tom. I. p. 384. Hence

de quoth popiilo, fed de efi compagenfibus, hoc eft eorum qui ex ecdem funt comitatu, quern majorei nofiri
dixere

pagum
pay
alia
merfo.

&

incolat

inde pais,

in

vel y con-

pacarr,

JPaiffo,

to feed on Maft In AcbeMar. Parif. fub lieia 30 Acras terrtt ft paiflonem centum porcorum, pacationis retributione. &P communem pafturam, Anno 1248. Mon. Angl. Tom. I. acearur. Leg. in*, cap 4 5. Et recipiet Agen- p. 682. Sec Pejfuna. 5 ft* carnem, ft paceatur de catero palagium Is a Duty to the Lords, for exportfrida corium ejus ejus, be free or difcharged for the Time ing and importing Veflels of Wine in any of their 1. e. Let him to come. Ports, viz, Quieti de omni teloneo Of pajfagio, pafna-

pacatio, Payment.
fine

Pannos

fericos

Qp

Forefts or

Wood

Pafnage, or Liberty for Hogs to run in

rapit

&c

pacification {Pacificatio), Anno it Car. 1.0,17.

gio, cohuagio,

pallagio, ftY.

Du Cangc.
;

palatine. See County-Palatine Quieting, o r Appealing; relating to the Wars betwixt England and Scotland, de Confuetud. Burg. pag. 14.

Peace-making,

and read Caffan.

Anno 1638. pack Of JtUOOl

p.llfrcy, Palfredus, Palafredus, Pakfreduj, PaliIs

which confifts fredus, Is one of the better Sort of Horfes ufed by of Seventeen Stone, and Two Pound. Fleta, I. 2. Noblemen or others, for State: And fomctimes 12. SecSarplar. of old taken for a Horfc fit for a Woman to ride. cap. packers Are thole that barrel, or pack up Cambden fays, That W. Fauconberge held the MaHerrings, and they arc fworn to do it according nor of Cukeny in the County of Nottingham, in to the Statute made 1 5 Car. 2. cap. 14. Scrgeanty, by the Service of mooing the King's Pacfeimj Indites, A kind of Cloth fo called, Palfrey, when the King mall come to Mansfeld. See Co. on Lit. fol. 149. mentioned 1 R. 3. cap. 8. palfrep Mlticr. Cufiumam ibidem ( fpeaking of PaDnaCje. Idem quod Pannagium. Vid. Chartam
a Horfc-load,
Ecclefia Regis Hen. A Prize Cloth, p.igumftlfsf,
I
.

Behoir Caftle ) vocant Palfrey Silver, qut levari debet annuatim de viUis de Batclsford, Normanton, of the Houfe of Lords, in a Sta- Herdcby, &c. Efcaet. 23 E. 3. Pofi mortem Gel. de Journal-*Book Roos de Hamlakc. tute made 1 Eliz. not printed. palicta, a Park Pale. Q^ Elizabeth granted pagus. This Word in old Records fignifies a

S. Martini de Bello.

mentioned

in the

viz. Natus efi JElfred Rex Anglo-Saxonum Wigmor Park to Tho. Cnmpton, and others, cum omnibus paliceis, muris, &V. Pat. 43 Eliz. p. 4. Regia quA dicitur Wanading (now Wantage in iUo pago qui nominatur Barofcire ( now Berkjhire ) palingman ( Anno 22 Ed. 4. c. 23. and 1 1 H. 7. taliter vacatur a Barroc filva, ubi buxus ato be a Merchant Denizen, one qui pagus cap. 23. ) Seems de Rcb. geft. Anglor born within the Englijh Pale. But Dr. Skinner bundantijftme nofitur : After, JDaiace, i. e. To pay. In Stat. W. 2. cap. 46. Ho- judges it to fignify a Fifh monger, or Merchant ell quod Prdati paiant pro fuperiori indumenta, of Fifh ; and I find the Word mentioned in an nefiius exeunt. ancient MS. touching the Cuftoms of the City of quam paine fojt 9 DUre, Poena fortis ft* dura. It figni- London, under the Title De Salmonibus vendendis. it withfies an cfpecial Punifhment for thofc that being Spelman mentions this Word but leaves of Felony, refufe to put rhemfelves out Interpretation, arraigned palla, A Canopy. Cufiodibus veto quinque upon the ordinary Trial of God and the Counarc mute by the Interpretation rry, and thereby portuum pallam fupcr Regem cum quatuor bafiis fup of the Law. Button mentions it in his fourth portantibus. Mat. Par. fub Anno 1136. The Word And Staundford in his Pleas of the was oft taken for an Altar-cloth, as Henricus Chapter, fol. 1 1. Crown, founding it upon the Statute of Wefim. 1. Abbas Glafton. temp. Hen. j. dedit Ecelefi*. ifii orna1 2. defcribes it thus menta fatis pretiofa, videl. pal las ix. optima s, quarum

County,
in villa

~)

cap.

He

to the Prifon whence he be fent back fiall came, and laid in fome low, dark Houfe, where

qutdam

erant de diafpre,

quadam
12.

de famito.

Char-

tular. Glafton.

MS.

f.

Firmarii pallida, Pales, or paled Fence. he pall lie naked en the Earth, without any Lit- maneriorum Ecdefit S. Pauli, London, curare tenen ut maneria fujficienter circum.laudantur vet ter, Rufhes, or other Clothing, and without any tur Rayment about him, but only fomething to cover ambiantur muro, vel faltem fojfatis Of hagis vivis, fi vel palliciis opportare renohis privy Members : And he jball lie upon his fieri pojjit, alioquin fepibus Back with his Head covered and his Feet, and vandis. Statut. Eccl. Paul. Lond. MS. f. 44. b.
one

Arm fiiall be drawn to one Quarter of the pado toonctire. It was a Cuftom formerly, Houfe with a Cord, and the other Arm to another That where Children were born out of Wedlock, Quarter ; and in the fame Manner let it be done and their Parents afterwards intermarried, that with his Leo_s ; and let there be laid upon his Bo- thofe Children, together with the Father and Mobe may bear, or ther flood under a Cloth extended whilft the Mardy lion and Stone as much as more ; and the next Day following he JliaU have was foIemni7.ed, which was in the Nature
riage
three Morfels of Barley bread without Drink, and the fe.ond Day be have Drink dree times, as

of Adoption, and fignified a Legitimation. This is mentioned in an Epiftle of Robert Grofihead, the Jhall much at each Time as he can drink of the Water famous Bifhop of Lincoln, who tells us, That it next unto the frifon, except it be running Water, was an old Report, that by fuch Cuftom the
without any Bread:
till

And

this

Jhall be his Diet

he die.

Children were taken to be legitimate and that in fignum legitimation! s nati ante matrimor.ium confue;

This Kind of Punifhment, called by the Law matrimonii folemnizatione : Which Epiftle is men5 Paine fort ft dure, is that which we vulgarly call tioned by Mr. Selden, in his Notes upon Fleta, to Death. who likewife tells us, That in the Reign of R. i. PreJJing UMls, A County, or Region ; Trial per Pais, the Children of John of Gaunt, Duke of Lancafter, which, Spelman in his Glojfary faith, Non intelligen- whicH he had before his Marriage by CafJwwJ S f 2 Switij srd, I

verunt feni fub pallio fuper parentes eorum extento ht

PA
At Swinford, tho' they were made legitimate by of Parliament, yet they were covered with the PaU at the very Time of the Marriage of their Parents. f?taI(lUttl Is in many Places taken for the Silk with which Garments were made: 'Tis a Word often mentioned in our old Hiftorians, but little
nutitur

PA
ad vendendum
in mercato Salopesbiriae, tarn
aliis,

diebus mercati,
pore

quam

Henrici Regis, Patris

fc.

nofiri,

ficut eas habuentnt tern de dono &> eleemo-

fyna ejufdem Regis,

de unoquo^ue facto bladi Pal

Watching, 'tis carried away in the Night, and nofirum Panagium. delivered to the Subdcacons, who lay it up very 42>auDerte Are the Books of the Civil Law, fafe. compiled by Jufiinian: They are mentioned in And becaufc it was taken from the Body of St. Bede, and feveral other Hiftorians of, this Nation Peter, it fignifies the Plenitude of Ecclcfiaftical Tres Pandemias nova tranjlationis de Roma attulerit. Power, and therefore it was the Prerogative of Bcdc, cap. 15. p)an001\1110C. Conceffi etiam ei cum cacubo fuo Popes, who pretend to be the immediate Succeffbrs of that Saint, to inveft other Prelates with propria Pandoxando &> Lotrando ubicunque poterit. it, which at firft was done no where but at Rome ; Carta Waltcri Muchegros fine Dat. i. Liberty to but afterwards, by Procuration, in other Places Brew and Wafh. in his own Kettle. in this Form, viz- Infianter, pan&Oiratnr. In a Manufcript Book concerning injlantius infiantifthe Laws, Statutes, and Cuftoms of the free Boin Confifiorio a fummo Pontifice expetitum. fime $->aD, Pallia, 25 H. 8. 20. Are Vcftures made rough of Mountgomery, from the Times of Hen. 2. of Lambs Wool, in Breadth not exceeding three fol. 12. b. we read thefe Words, Item utimur de Fingers ; and having two Labels hanging down Pandoxatricibus, quod nemo potejl brafiare five panbefore and behind, which the Pope gives or fends doxare in Villa fip Burgo nofiro nifi per redemptionem
:

m-itam duarum manuum, Qp de facco farina Palmatam unius manus, ficut eas habuerunt He dono & eleemofyna pradicli Regis, diebus fuis, &P ficut eas modo undcrftood at this Time. Durandus, in his Ratio- habent C? habere debent. Quare volumus, &c. Dat Archid. Walnale, tells us, that it is made of white Wool, viz- per mar.um S. Prepofiti Bcverlaci, The Nuns of St. Agnes every Year, on the Fealt- lenfis apud Wodeftokc, xix die Marcii, Anno Regni Day of their Saint, offer two white Lambs on the nofiri Quinto. Altar of their Church, whilft they ting Agnus Dei 0a;mata, alias $>a!matm, A Blow upon the in a folemn Mafs; which Lambs arc afterwards Hand with a Ferula, a Thing frequently ufed in taken by two of the Canons of the Lateran Church, Schools. Beda de remedio peccatorum, cap. 14. Si and by them given to the Pope's Subdcacons, who quis intinxerit manum in aliquo cibo, &> non idonea ma centum Palmadis emendetur. put them to Pafture till Shearing-time, then they nu, arc fhorn, and the Tall is made with their Wool ^almerjff Are fuch as ufed to go in Pilgrimage mixed with other, white Wool. 'Tis a Garment out of Devotion ; but of late Time, he that can of three Fingers Breadth, cut round, that it may deceitfully cozen at Cards or Dice, by keeping cover the Shoulders It hath two Strings on each fomc of them in his Hands unfecn, we call a that on the right Side Palmer. Side, before and behind I P. It hath M. cap. 4.) A Kind of is fingle, but that on the left is double. Jpalintffr)', ( likewife four purple Croflcs on the Right and Divination, pra&ifed by looking upon the Lines Left, before and behind ; and 'tis fattened with and Marks of the Fingers and Hands. This was three Pins made of Gold, whofe Heads are Sa- pra&ifed by the Egyptians, mentioned in the faid The PaU thus made, is carried to the La- Statute, and there mifprintcd Palmyfiry, phire. teran Church, and there placed on the High Al^anaqia. Quafi panis yiw, Holy Bread. Reg. tar by the Deacons of that Church, on the Bo- Ecclef. Hereford dijferentias referens Orientnlis Ecclef. dies of St. Peter and St. Paul: And after theufual a Romana, Artie. 10. Item ( dicunt Grxci ) panem

&

&

&

faBam ad voluntatem Comhurgenfiitm noftro& fi talis Pandoxatrix hrafiavcrit, ajfifam Domini nofiri Regis in Burgo &> Villa pofitam &> proclamatam fregerit, debet capi per BaUivos, amerciari ad voluntatem Ballivorum nofirum, & non per pares fecundo 8p fi tcrtia vice Ajfifam fregeEngland, wherein Odo, Archbifhop of Canterbury fuos primo Ego Odo humilis &> ex rit, debet capi per BaUivos capitales, publice duci prefided, begins thus ibi debet etremus, divina largiente dementia, almi Prafulis Qp ad lorum ubi fituaiu* \t CBonJIigftoli', Selden s Hifiory of Tithes, ligere unum de duobus, viz. An velit L (fljOgirivjttole Pallii honore ditatus^&ic. See more of this in Spelman's Gloffary, afcendere, An illud judicium redimere ad voluntatem pag. 1 7. In Goldman's verbo Pallium. See Crejfy's Church Hirtory, fol. Ballivorum. Di&ionary Pandox is 972. and the Book called Blatnyr in the Prerog. made to fignify a Drunkard, and Pandoxatorium and Sir Rog. Twifden s Hijl. Vindication, a Brew-houfe; but in this Place it fcems to figniOffice fy an Ale-wife, that both brews and fells Ale and fcl.41. H. Prior Ecclefie Chrijli Beer. tyOJ&fUm. JDatmale Cant. 6" Conventus dimiferunt Alano de Pundherd moPancII, Panella, vel Panellum, fo written both reddendo inde per annrnv by Fcrtefcue, in his Book De Laudibus Legum Ang. lendinum in P.okinge de feodi firma fex fummas ordei palmalis pret/i me- cap. 25. and Co. on Lit. pag. 1 58. who fays, It deDat. Anno 1287. notes a little Part. But the learned Spelman, in lioris ordei except! s duobus denarii s Eccl. Chrifti Cant. MS. This Palm-Barley his Gloffary fays, Hoc efl minus congrue : It properly Reg. called in fomc Parts Beer- fignifying Schedula, vel Pagina, or rather Pagella, is the Sprat-Barley, Barley, in others Battled-Barley, and in the Mar- a Schedule, or Page; and thence deduces g in n ches of Wales, Cymridge: It is fuller and broader tranfeunte : Sic veteres quidam Manificat pro MagniHence comes the Law-Term Impannellare, than common Barley. ficat. Palmafa, A Handful. Johannes Rex. Sciatis to impanel and to impanel a fury, that is, To S. Egidii de write in a Schedule or Roll the Names of fuch nos pro amore Dei concejjiffe Leprojis Salopesbiria, quod habeant Palmatas hladi &> fa- Jurors as the Sheriff returns to pafs upon any rina de omnibus faccis, qui cum blado So we fay, A Panel of farina expo- Trial. Reg. Orig. fol, $66.
aliquant

to Archbifhops and Metropolitans, who wear them about their Necks, at the Altar, above their Ornaments. The PaU was firft given to the Bi fhop of OJlia, by Pope Marcus the Second, Anno 536. And the Preface to an antient Synod here in

rum

&

&

& &

&

Parch-

PA
Sec 8 H. butcd to Servants
:

Sec Mr. Kenneti t Parchment, and the Counterpart! of an Indenture. omnibus Dominicis porcis, Sec. 6. cap. 12 ; and Spelman, vcrbo Panella. Gloflary in the Word Pannagium. $annu, a Piece or Slice of any Thing. SylIPamo Smiigero^um, i. . The Bread diftrilnfirmantibus adminiftrat granaterius fingulis diebus duos

Panes Armigciorum, &*.

trinque veftita uno

cifa.

vefter Girald, cap. 21. Militis quoque Coxa ferro mfauns iclu cum Panno lorka prtt-

Mon.

t.

pag. 420.

: Jejunam de>ani.B 13lfU0, i. e. Coarfc Bread bet fedtrt in area ante men/am, 6f comedere Panem

tPannutf,

A Garment made
Anno

tum
tes.

fuit quod nullus habeat

with Skim, StatuPannos decifos &f laceralib. 2.

Bifum
suals.

fi<per

fcamnum fine

The Word is JdantOneria, A Sort of Purfe mentioned in Fleta, lib. 2. cap, 82. par. 2. It may Confuctud. Eccl. D. Pauli Lon- be taken for Panneteria. giftro Statutor. don. MS. f. 4JDape, or J3opr, Papa, May with Eafc enough Bread of a middle be derived from the old Greek Word ttiwa.t, inpatll0, Called Blacktvbytlof, in Kent tending a Father, and was antinctly Sort, between white and brown, fuch as applied to Nos Williclmus, Prior E- other Clergymen in the Greek Church, but by is called Ravel-bread.
:

J2>ilim<<,

Ciifios

I. Tom. 420. panno. Mon. to fct up cold ViPantry, or Place bracini clave s Panctiae 6? celariis pe-

Gcr. Dowb. Par. 2.

1188. Fleta,

cap. 14.

nes fe cuftodiat,&' liberationes fupervideat

Ex Re-

&

concrjftmus Aliciae Appiltone lycn. Qf Capitulum unum rfiEly cotidianum corrodium infra fcriptum,videl.

panem furam

Name very Blakwhyotlof per diem &> unam men- frequent in our Year-Books, cfpecially in the Bat. 1 8 Apr. Times of thofe Kings who too much abandoning melioris conventus, &c. cervifi* Ex Cartular. Eccl. Elyen. penes Joh. Epifc. their Imperial Authority, and abafing themfclvcs 141 1. Norwic. MS. f. 39. 4. This was their coarfer beneath their Eftate, fuffered an Alien, a Foreign Bread, made for ordinary Quefts, and diftinguifh- Bifliop, that dwelt a Thoufand Miles diftant, to ed from their Houtbold-loaf, or P arsis Conventualis, deprive them of the Difpofition of many Spiritual which was pure Mancher, or White Bread. Sec Promotions ; fomctimes by Lapte, fomctimes by For Redrefs whereof, Karite. Provifion, or otherwifc fSailia mtlitari*, HardBisket, Brown George, divers Statutes were made, while this Kingdom Camp-Bread, coarfe and black The Prior and was of the Roman Communion But his Power Convent of Ely grant to John Grove a Corrody, was not wholly taken away, till towards the latter ad fuum viBum quolibet die unum End of King Henry the Eighth's Reign. or Allowance to his PaDfr'flDfl&fe. All Afts of the Council-Board, panem monacbalem, i. e. A White Loaf, and Servant unum panem nigrum Militarem, i. e. A lit- Occafional Proclamations, Difpatches and Inftrutle Brown Loaf, or Biskct. Cartular. Elyen. MS. ctions for Foreign Minifters, Letters of Intellit 47gence, and many other Publtck Papers commua Felon upon his nicated to the King's Council, or the two Secrejdantfil ftuti* 9 uuru.tr, When Trial ftands mute, and obftinately refutes to taries of State, are afterwards tranfmittcd to the plead, one of the Penalties impoted for Contempt Paper-Office, wherein they are all difpofed in a of the Court, is to be condemn'd ad panem fortem Place of good Security and Convenience within 6 durum, i. e. To have only hard, dry Barley- the King s Royal Palace at Whitehall. See Mr. Alfo Nicholfons Engl. Hift. Libr. Part HI. pag. 9. bread, and Puddle water, &>c. Jdannagf, or ^daiuiwge, Pannagium, Which is an Office fo called, belonging to the King s Bench. that Food that the Swine feed on in the Woods, }>ar, In Exchange of Money, is a certain as Maft of Beech, Acorns, &v. which fomc have Number of Pieces of the Coin of one Country, called PatonPB : It is alfo the Money taken by containing in them an equal Quantity of Silver the Agiflors, for the Food of Hogs, witii the Malt to that in another Number of Pieces of the Coin of the King's Forcft. Cromp. Jur. fol 155. Weftm. of another Country, v. gr. Suppofing 36 Shillings Manwood in his Foreft-Laivs, cap. 12. of Holland to have juft as much Silver in them as 2. cap. 25. taken for the Maft of 20 Englifb Shillings. Bills of fays, It is molt properly Exchange drawn the Woods within the Forcft, or the Money due from England to Holland at the Rate of 36 ShilLindetuode de- lings Butch for each Pound Sterling, is to the Owner of the fame for it. according Mr. Loci's Considerations of Mofines it thus, Pannagium eft pajlut pecorum in ne- to the Par. aliis frumoribus, 6 in fyhis, utpote de glandibus ney, pag. 18. Hibus arborum fylveftrium, quarum fruHus aliler non $)aracium, The Tenure that is between ParceTit. de Becimis ; mentioned alfo ners, viz. That which the youngeft oweth to the folent colligi. 20 Car. 2. cap. 3. Quifquis villanus habens 10 por- deleft. Bomefday. This Paraoifu? Is a fquare Court before Cathedrals, cos, eat unum porcum in Pafnagio. Dome/day. Word is varioufly written, Pannunagium, Pana- furrounded with Piazza's, or Walking-places, fup gium, Patbnagium, Patnaglum, Paunagium &* Pen- ported with Pillars. Matth. Paris calls it Parvinagium ; and fomctimes Pafnagium, from the fus, viz. Mult'n diebus fcholas exercens, venditis French Pafnag. Breve Regis Henricii. Lib. Ra- Parvifio libellis. Anno 12JO. mefienf. Sett. 313. Henricus Rex AnglU Jufticiariis Parafreoutf. See Palfrey. Fidelibus fuis de Huntedon& omnibus Baronibus Paracif, {Paragium) Equality of Name, Blood, tbire, Salutem. Pracipio quod Abbas de Ramefia te- or Dignity; but more efpccially of Land, in the neat ompes bofcos fuos bene, &> in pace, &P quiete, &" Partition of an Inheritance between Co-heirs melius tenuit ; nullos fuper Purparts. Coke's I 1 66. b. Hanc terram tthonorift.e, ficut unquam Inft. fol. Sec Parbo- eos capiat vel invaftet fine licentia Abbatis, &P fi nuere duo homines in Paragio. Bomefday. debetur de Panagio, reddatur ei jufte Hence we have Bifparagcment, and To diffit cinary. quid ei
vocat.
: :

Ufage is particularly appropriated Church to the Bifhop of Rome : A

in the Latin

&

&

&

&

aliquis

ei

inde fuper hoc injuriam vel contumeliam feparage.

cerit, faiiatis ei

habere plenum reBum. Tefte Milone JDarsgium, Parage, Peerage; commonly taken Gloc. apud VVinton; and Chart. 1. fundat. Wal- for the equal Condition betwixt two Parties to be For the old Laws of denf. Coenobii, Clamo etiam quietum Panagium de contracted, or married. England

A
&
:

A
&

And Lindewode idarliamcntum 13f ligiofci^tmi. In mod Convents mus dignior perfonatus hahefur. they had a common Room, into which the Bre- 118. tells us, that Perfonatus dignitas vere fuppo thren withdrew after Dinner for Difcourfe and mint pro eodem, licet in aliquibus locis ReBoresEcclefiaConverfation ; from whence it was called Locuto- rum vocentur perfona, &> fie habent perfdnatum, non And the tamen dignitatem. And in Mon. Artgl. I Tom. pag. rium, the Parlor, or Talking-Room Conference there had was called Parliamentum, Si 6. Pro iJlo novo adificio quod ipfe fecit in pcrfonawhich was fometimes forbidden to be held, be- gio de Dafesbourg. caufe it interrupted the more meritorious Duties Imperfinare, to be put in Pofleffion of a Parfiof Silence and Meditation. As in the Statutes of nage- In a Charter of Hugh de Puifet, Bifhop of the Black Canons, Anno 1249. Cum quidam poft Durham, we read, Sciatis nos ad prxfentationem Roberti Capeliani in Ecclefiam de Wetefeild, qua in prandium proniores fint ad loijuendum quod non prodeft. Statutum eft quod Parliamentum quod foft pran- feudo fuo fita eft, Canonie imperfonafle Robertum dium in quibufdam clauftris fieri confuevit, penitus in- nepotem fuum. terdicatur, &P k.o ipfius vacetur uberius meditationibus $>arfonapp, or ftectttf J>, Is a Spiritual Living, &> leBionibus repetendis. Mat. Paris Additament. pag. compofed of Land, Tithe, and other Oblations of the People, feparated or dedicated to God in 170. $>ir KLinfhfO^utn, 1^ar lofano^um. Pradpimus any Congregation for the Service of his Church and for Maintenance of the Minifter, to tibi, quod facias habere Thorn* Sturmy, Valetto noftro, there, unam robam de farletto, cum quadam penula de byf- whofe Charge the fame is committed. Spelm. De ali am robam de viridi vel bumetta, &> unam non temerandis Ecclef. fis, OP unum Par Loianorum, &P capam ad plu$barfon mmarfunff, Perfina imperfinata, Is he fellam, mam, &P unam culcitram, QP unum Par Lintheo- that is in Poffcffion of a Church, whether appro-, rum, quoniam ipfe fiet Miles. Clauf 6 Johannis. priated, or not appropriated. For in the New Dorfo. M. 20. Booh of Entries, verb. Ayd in Annuity, you have |3armentariu. I have fcen it ufed in our Re- thefe Words, Et prtdiBus A. dicit quod ipfe eft percords for a Sirname, as Johannes Parmentarius, fina pradiBa Ecclefie de S. imperlbnata in eadem ad perhaps as Latin for Taylor, from the old French prefentationem F. Patronijfe, &c. So that perfina fecms to be the Patron, or he that hath Right to Parmentier, which fignificth the fame. ^>arOCllianu, A Compellation given by a Bi- give the Benefice, by Reafon that before the Lafhop to any Pcrfon living within his Diocefe or teran Council he had Right to the Tithes, in reLincoln. Epifcopus, Guidoni fpeft of his Liberality ufed in the crccKng and Jurifdiclion. Alexander, de Charing Parochiano fuo. Paroch. Antiquit. p. 90. endowing the Church, Q^iafi fufiineret perfonam For the Word Parochia was more properly applied Ecclefi* ; and perfina imperfinata, to be he to to a Diocefe, or Epifcopal Diftrift, before it was whom the Benefice is given in the Patron's confined to rural Limits, or what we now Unfit- Riphr ; for we may read in the Regifter Judicial a Parifh. perfonam imperfinatam, for the Rector of a Benely call $>arol (Loquela), Is a French Word. Kitch. fol. fice prefentative, and not appropriated, fol. 34. in Court. It is fometimes And Dyer, fol. 40. Num. 72. faith, That a Dean 193. ufes it for a Plea with Leafe, as Leafe-Parol, that is, Leafe and Chapter be perfons imperfinees of a Benefice joined a Leafe by Word of Mouth, to diltin- appropriated unto them; and fol. 211. exprefly per Parol ; guifli it from a Leafe in Writing. (hews, That perfina imperfinata is he that is indu$>arpunctum, PerpunBum, A Coat of Mail : A ced, and in Polfeflion of a Benefice. So that Doublet Hn'd and quilted for Defenfive Armour. perfina feems to be termed imperfinata, in refpect, Armatus quidam erat more peditum fatis competenter, of the Pofleffion that he hath of the Benefice or etiam lorica quoque, tunica ferreo tegmine capite munito, Rectory, be it appropriate, or otherw'iie, by 'the linea multiplici confuta Uneis interioribus difficile pene- Act, of another. Co. on Lit. fol. 300. trandis, acu operante artificial iter impikitis, unde &P barton mojfal, j>arfon immo.-taf. The ReGaufr. Vincfauf. ctor of a Church, inftituted and inducted for his vulgo Parpunftum nuncupatur. Iter Hierof. cap. 48. own Life was called Perfina mortalis ; and any Signifies the Rector of a Collegiate, or Conventual Body, to whom the ^2>arfon ( Perfina ) Church. He is called Per/on*, becaufc of his Of- Church was for ever appropriated, were called fice ; for the Profits of the Church were to main- Perfina immortalis. Prefatus Simon, ReiJor Ecclefi* tain magnam personam; or rather, becaufc he is de Cumpton, Qp omnes fuccejfores ejufdem, five perlbbound by Virtue of his OfHcc in propria perfina nx fuerint mortales, five immortalcs. Chartular. Deo. See Berefellarii. See Fleta, lib. 9. cap. Rading. MS. fol. 182. fervire de Putea18. Charta Hugonis Pufac {alias Pudfey garter* of <2>olD ariD S>ilber. See Fmers. co ) tempore Hen. 2. Hugo, Dei gratia Dunelmenjis partes finis nihil habuerunt, ?c. Is an ExcepEpifcopus, omnibus Archidiaconis fuis, Clericis &P Lai- tion taken againft a Fine levied. Co. 3 Rep. fol. 88.

&

&

cis

tionem

Sciatis nos ad prafentaEpifiopatus fui falutem. Roberti Capeliani in Ecclejiam de Witefield,

in feudo fuo fita Canonice eft,

The Cafe

of Fines. |2>artlCata tense.

See Perticata

terra.

imperlbnafle Ro^arttcipatio Is theCharity fo called, by which bertum nepotem fuum. Quare volumus &P pracipimus the Poor are made participes of other Mens quatenus idem Robertus habeat Qp teneat Ecclefiam Goods. may read it in feveral Places in the

qua

pr&nominatam

pag. 321. Et ad faciendum pro prein ceteris obventionibus, Jicut aliqui Clerici liberius &p diiiis animabus tres participationes per annum, Qpc. in Epifccpatu noftro : eorum unum panem pretii unius quadrantis, Ecclefias fuas tenent quietius quilibet Salvis in omnibus Epifcopaiibus confuetudinibus. unum aliec participationcm unius miliiaris patrTeftiEndorfcd thus, Prsfentatio Roberti de perum, &>c. ordinavit, &c. And in another Place : bus, &c.
libere

&

We

quiete, tarn

in decimis

quam Monaft. 2 Tom.

&

Relaxamus, &c. pr^diila onera diBarum trium parti^arfonane , #>erfonafu0 , ^trfonagium , is cipationum,5 ita ut nunquam de cttero erogare tefometimes taken for a Dignitary in a Church, neantur, &> molumus quod pro eifdem participationiand fometimes for the Benefice it felf ; viz.. Nam qus faciant diftributionem 1 3 filidorum. Qp Abbates in Ecclejia Anghrum, hie pripoft Epifopos ^arti 4
Quitefeld.
!:.

$artirU0.
Partici
fiat
in

The fame

with Park. Si fraBura ftill retains the Name Thii Curia Regis, plena ivila Jit. Leg. H. I. Statute of 24 H. 8. cap. 13.
:

Word

is

read in the

^arfifion, Partitio, Is a Dividing of Land defeended by the Common Law, or by Cullom, a. mong Coheirs or Parceners, where there are two at leaft j and this Partition is made four ways, whereof three are by Agreement, the fourth by Compulfion.

cap. 40.

l>arti>,3|urp,

14 Cat.

1.

tap. 11.

See Medietas

Lingua.

$arblfe. Sec Pervife. )3arbtfU0. See Patadsfus. 1$arbu tlOCUinctltO Is a Writ.

jSMftlja Clatlfuin,

The

firft

Partition

by Agreement

is,

Sunday, which

Sec Nufance. Octaves oi Eafler or Lou; doles or concludes that Solemni-

The

when they themfelvcs divide the Land equally ty. Die ( tali ) poft pafcha claufum is a Date in into fo many Parts as they are Coparceners, and fomc of our old Deeds And the firft Statute of
:

each to chute one Share, or Part according to Wcflminfler, Anno 3 Edw. 1. is laid to have been Order. The fecond is, when they chute certain made lendefmain de la clufe da Pafche, i. c. The of their Friends to make the Divifion for them. Monday after Eafler Week. The third is, by drawing Lots thus, Having firft $>ald)a jFlO^oain, Palm- Sunday, or the Sunday divided the Land into as many Parts as there be before Eafler, when the proper Hymn, or Gofpcl Parceners, they write every Part feverally in a fung, was Occurrunt turb* cum fioribus &P palmis, diftint Scroll, and wrapping it up, throw each &Pc. Sex denarios quatuor lagenas meUis ad duos of them into a Hat, Baton, or fuch Thing, out termiws, fit. ad Pafcha floridum quatuor lagenas of which each Parcener draws one, according to mehis, &> ad S. Michaelis fex denarios. Charfeflum their Seniority, and i'o the Land is feverally al- tular. Abbat. Glafton. MS. f, 75. lotted. The fourth Partition, which is by Comf&afd)al Stents Are Rents, or annual Duties pulfion, when one or more of the Parceners, by paid by the inferior Clergy to the Bilhop, or reafon of the Rcfufal of fomc other, fucs out a Archdeacon, at their Eafler Vifitation They are Writ of Partitione facienda, by Force whereof they alfo termed Synodals. See Synodals. mail be compelled to part. In Kent, where the j2>afCU8. SeaPafiute. Land is of Gavelkind Nature, they call their Par#afCU8ge { Pafcuagium, Fr. Pafcage) Grating, tition Shifting, from the Saxon Shiftan, to divide. Feeding, or Pafturing of Cattle. Et habere viginti In Latin it is called Hercifere. Partition alfomay pottos quietos de Pafcuagio, &" fualium ad panem ad cibos coquendos, QPc. Charta Ric. de be made by Joint-Tenants, or Tenants in com- fuum mon by Afl'ent, by Deed, or by Writ. 31 H. 8. 1. Muntfichet Priorat. de Trcmhale, in Mon. Angl. Alfo the tame with Pannage. 2 Par. fol. 23. a. 32 H. 8. 32. fStarrtttonr fsrtCtlDS, Anno 31 H. 8. cap. 1. Is a pafnagf. See Pannage. Writ that lies for thofe who hold Lands or TenejSaflagf, Paffagium, Is a French Word, Minifyments pro indivifo, and would fever to every one ing Tranfitum : By the Statutes of 4E. 3. cap. 7. it denotes the Hire that his Part, againft him or them that rcfufc to join and Wefim. 2. cap. 25. in Partition, as Copartners, Tenants in Gavelkind, &c. a Man pays for being tranfported over Sea, or Old Nat. Brev.fol. 142. F. N. B. fol. 61. And New over any River. In the Charter of Henry the Firft, of the Liberties oi London, we find thele Words, Book of Entries, vcrbo Partition. See Partition. Et omnes res eorum pet totam Angliam, Qp per partus Aflif. Anno 16 Ed. 1. maris, de thelonio, QP omniDorfet. Placita de Juratis patfagio, &P

&

&

&

&

lajlagio,

Metingham.

Edwardus Kaynel, Maria

filia Robert's de

Camma,

pud Bradewardyn. Pat. I E. 3. Par. 3. M. 6. He that has the Intercft or Command of the Paflage fJirririPr, Parricida, Properly fignifies him of a River ; for this Bradwardyn lies upon the that kills his Father, and may be applied to him River Wye in Herefordjhire. a Duty is to that murders his Motiicr. Paffator, i. e. The Lord to whom Are thofe which are named in a Deed be paid for Paflage. Donationem enim quam Hugo, parties or Fine, as Parties to it ; as thofe that levy the Qpc. Paflator fe.it. Mon. 1 Tom. pag. 505. two French Words, Fine, and to whom the Fine is levied : So they ftaflfrpOit, A Compound of that make any Deed, and they to whom it is viz- of Paffer, tranfire, and Port, partus, a Haven , It a Licence made by any that hath Aumade, are called Parties to the Deed.
quod pradiBus Johannes eat inde fine
die,
c.

paffagium, A Voyage hannem Alfrith de Warham unum Toftum cum Holy Land, when made by the Kings of England Rex Archiepsfcopo pertin. in Warham, de quo Johannes Gerard, in Perfon, was called Paffagium. confanguineus pr.tdiBorum Edwards, Maria, Ma- Cant. Salutem. Cum paflagium nofirum juraverimus Nativitatss Beati Johannis fi'Mc, P Johanna, cujus h*redes ipfi funt, fuit Qp ftatuetimus a Fefio in dominico fuo, ut de feodo, die feijitus quo obiit, Bapt. ptoxime venturo in quatuor annos, &P D. Papa &c. unde di unt, &>c. concefferit decimam proventuum Ecclefiafiicorum ante Etprtd. Johannes venit &> dic:t,quod tenementa idem paflagium colligendum. Dat. 16 Maji, 36 H. 3. in Warham funt partibilia inter mafulos &> fe- Prynn'j Colled. Tom. 3. p. 767. mellas, & di it quod pradiBus Edwardus habet patfagio Is a Writ directed to the Keepers of quafdam Gunnoram, Matildam, Chriflianam, the Ports, to permit a Man to pafs over Sea Albredam, &P Eufemiam forores CP participes ip- that hath the King's Licence. Reg. Qr'sg. fol. 193, aliorum petentium, qua tan- 194. fits Edward's tum jus habent in re petita [tent, Sf-c. Donationem infuper quam Hugo de JdaffatOJ. qua non nom'snantur in brevi, &*c. Edwardus &P Bradewardyn Paflator fil'sus Stephani Pont, perfenpalii non poffunt hoc dedscere : Ideo confideratum ell tum fuum fecit eifdem fratribus de Libero paffagio a-

Johannes Berefet, &P Matilda uxor ejus, &P Johanna foror ejufdem MartilAx. petunt verfus Jo-

confuetudinibus, per paflagium clamat effe de omnibus in Com. Cefiria QP Flint pro omnibus quiet, cateBis, cariag. ejus fervientibus, &P fummagiis fuis oneratis. PI. in Itin. apud Ceftriam, 14H. 7. or Expedition to the

bus

aliis

&

&

&

Part of the Attire, a Kind thority, for the fafc Paflage of any of Band, or Neck- kerchief, which in fome Places one Place to another. 2 E. 6. cap. 2.

Martlet

Was fome

fignifies

Man

from
paf,

A
Wc

P E
&

meet with ment of a Church or religious Houfe, was called #>nffiai(iariuff, A Ferry-Man. the Word in Thorn's Cronicle, viz- In Anno 1187. fi Ecclefiafiical Patrimony ; and the Lands and Revemonachus vel aliquis de familia Abbatis ad diBum nues united to the See of Rome, are called St. Peter's Patrimony. portum ex quacunque parte fiuminis veniens bateUum Pafliadifli Pafliagiarii ibi pr&fentem invenerit, f2>atrimi0, Ftdejuffr in Baptifmate, Anglice a uti Paulas fe dixit Onefimum genuijfe &P giarius vel fui notuerint ipfum Vel tardaverint tranf- Godfather, Corinthios. read in the Laws of Hen. 1. c. 79. ducere, fife.

We

Places in Highways. f)ui alicujus filium vel patrinum occiderit, &c. Dum per quoddam iter arclifftmum, quod vulgariter Patron, Patronus, Is ufed in the Civil Law for Paflus dicitur, forent tranfituri. Matt. Parif. p. 443. him that hath manumitted a Servant, and thereSo in Mat. Wefim. Anno 1 260. Emanavit a Cancel- by is both juftly accounted his great Benefa&or, laria Breve Domini Regis adomnes Vuecomites, in quo- and challengcth certain Reverence and Duty of rum BaUivis folebant viatoribus imminere pericula, ut him during his Life. Sec the Title De jf-ure Patronatus in the Digeft, with the Feudifts pro authore omnet Paflus perhulofos tarn in caiis viis bofcis,
paffuff,
i. e.

The narrow

&

&

Hotoman verbo Patronus, in his.Comment. de Both in the Canon and Common Law it fignifies him that hath the Gift of a BeiQafta, Pafte, or kneaded Dough before it is baked. A. D. 1445. Ordinatum erat per Thomam nefice ; and the Reafon is, becaufe the Gift of Capitulum Ecclefi& SanBi Pauli Churches and Benefices belonged unto fuch good Lyfeaux, Decanum London, quod panis Canonicorurn in pafta crudus debeat Men as either built, or elfe endowed them with Liber Statuor. fome great Part of their Revenue. And Coraponderare ad fummum vii marcas.
hajis

quant

aliis pacts Regime perturbationibus,

faciant Feudi.

videri, &*c.

Verbis feudal.

&

Ecclefia: Paulina:.
fSaftifiUlTl,

MS.

fol. 107. b.

fius

Cafirum Arundel Part 1. cap. 2. and Part. 4. cap. 6. writes thus of T. R- E. reddebat a quodam molino 46 s. &V. fif de them, Patroni in jure Pontificlo dicuniur,qui alicujus uno Paftitio 20 s. Domefday, per Gale 761. Ecclefia extruenda, aut alterius cujufcunque fundationis The Form of it was ftreight, erclefiaftic* authores fuerttnt, ideoque prtfentandi Qp #>afro;aI &taff. which fignified ReSum Regimen : All the Top Part offerendi clericum jus habent, quern Ecclefix vacanti of it was crooked, and the other Part fharp The prxeffe, &P in ea coXatis redditibus frui velint. Acquicrooked fignified, that the Bifhop prefided over runt autem hoc jus qui vel fundant Ecclefiam, vel dothe People ; and the fharp fignified, to punifh tant, &>c. See Mr. Kennett's Gloflary in the Word The King is Patron Paramount of all Patronus. the ftubborn. Ecclefiafiical Benefices in England. Curva trahit mites, pars pungit acuta rebelles. J>abagp, {Pavagium) Money paid towards the Sec Crofier. Paving of Streets, or Highways. Rex ( Edw. 1. ) concept pavagium ViUx de Huntingdon per quinquenf^aftura Is generally any Place where Cattle nium. Pla. Pari. 35 Edw. I. may feed ; and it differs from Pafcua for that ^abafarit Were Soldiers armed with Shields, is a Place fet a-part on purpofc to feed, and ne- which were called Pavafii. The Word is ufed in ver plowed fo that it properly fignifies a Mca Walfingham, in Edw. 3. and other Hiftorians. Vedow, or Pafture Ground. Nam Paftura omne ge- nientem contra turn cum 7 miJlibus eleilis armatorum
Pafture Field.
:

in his Paraphrafe

Ad facerdotoriam

rnateriam.

nus pafcendi fignificat, five fiat in pratis, five in fti- aliisque armatis pavifariis, &c. Pavement, or Paving with f&Mmentuni, pula, five in agris, five in campis fed Pafcua efi locus principaliter deputatus pecoribus pafcendis, ut puta Stone. Item in pavimento pro fchola in Horfemuliane
',

viii Sol. Hift. Ant. Oxon. lib. 2. fol. n.b. marifiis plants non cultis nee Lindcwode, lib. 3. Provin. Angl. Tit. De Taunton in Lincolnjbire. See Ad Pontem. Decimis, cap. 1. Quoniam. f5fl ipCC See In Forma Pauperis. f^aQufi Is the lame with Procuration, or the ^atonagc. See Pannage. Provifion which the Tenants of the King, or other $5ar, aD f2>arfm reDirc, i. e. To reverfe an Lords are bound to make for them at certain Outlawry, by which he is reftored to the King's Days or Seafons, or as often as they make a Peace. Rex potefi dare quod fuum efi, hoc efi, pacem Progrefs to their Lands: And this in many Places fuam quam utlegatus amifit. Bra&on lib. 3. cap. 11. Was turned into Money. Hoc modo per &vum libe&i>X &* Sec Peace of God. rabo a paftu Regis &P Regin*. Monaft. I Tom. 123. ybax (Cfflefffi Dicitur, cum falva funt Ecclefia f^atrntfe Is he to whom the King grants his omnia privilegia, Qp immunitates, fervi, famuli, miLetters Patent. 7 E 6. cap. 3. &ci Vide Leg. Edw. Conf. cap. 8. nifiri, ^DatfntS, Liter* Patentes, Differ from Writs. J^r KegiH, The Kings Peace. Nam longe deCromp. fur. fol. 126. The Coroner is made by bet ejfe pax Regis a parte fua, ubi refidens fuerit a Writ, and not by Patent. See Letters Patent, and quatuor partibus loci illius, hoc efi, quatuor miliaria alfo Litem Patentes, in the Table of the tres quarentena Of novem acre latitudine, &* novem Regifier, where you may find the Form of divers. pedes, &' ncvem palma, ' novem grana hordei, &*c. $>>atna Properly fignifies the Country, but in Leg. Ed. Conf. cap. 1 2. See Spelman. the Law itdenotes the Men of a Neighbourhood ; \bift, Mens, A Hill. Domefday.

in montibus, moris,

&

&

aratis.

&

patriarch, Patriarcha, Is a Greek Word, figni- lib. 1 cap. 2. pag. 7. And if any Man goes in fying a chief Father, Anno 385. In the General Danger of Harm, or bodily Prejudice from anCouncil holden at Constantinople, it was decreed, other, and makes Oath of it before a Jufticc of That the Bifhop of Confiantinople fhould for ever Peace, he fhall be fecured by good Bond, which be called a Patriarch. is called Binding to the Peace. Lamb. Eiren. lib. patrimony, An hereditary Eftate, or Right 2. cap. 2. pag. 77. Cromp. Juft. of Peace, f. 118 ad defcended from Anceftors. The legal Endow- 1 20. And alfb Frank-pledge and Confervator of the
.

when wc fay Inqulratur per patriam, we mean a ?>eacf, Pax, In the general Signification is opJury of the Neighbourhood In like Manner Afftfa pofitc to War, or Strife: But particularly with vel recognitio per Affifam, idem us it intends a quiet and harmlefs Behaviour efi quod Recogr.itio toward the King and his People. Lamb. Eirenanh. patrix.
fo
:

Peace.

P
Peart.
fticc

P E

Time of Pence is, when the Courts of Ju- Pajlura ibidem ad pecuniam villa, that is, PallurcAnd in Earc open, and the Judges and Minifters of Ground for the Cattle of the Village. the i*imc may by Law protcft Men from Wron^ mendat. VViJlielmi Primi ad Leg. Edw. Conf. Inand Violence, nnd adminifter Jufticc to all. Co. tent! fimus etiam ut nulla viva pecunia vendantur, aut emantur nifi infra civitates, O* hoc ante tret on Lit. 249.
fol.

Leg. Ed. Conf. cap. 10. Qui babutrit 30 denariatus viva pecunix. clefic, Was i^rcuma Calefise Was antiently ufed for the tion which the King's Subjects had from Trouble and Suit of Law between the Terms. SecV<- State of the Church. See Till'Jley's Animadv. on cation, and tax Dei. Tempts dicitur cultui divino ad- Selden's Tithes. pfceinta 5&rpultriili0 ( L. L. Canutl fol. 102. ) hibitum, eaquc appellatione omnes dies Dominici, Fefla Was Money anticntly paid to the Prieft at the Vigili* cenfentur. Spelman. for face Cf the King, Pax Regis, 6R. 2. Stat. Opening the Grave foi the Good and Behoof of and Security both for the deceafed Soul. This the Saxons call'd SaulI. cap. i?. Is that Peace Life and Goods, which the King promifeth to all fcead, Saulfat, and Anims Symbolum. Spel. de Conhis SubjeGs, or others taken to his Protcflion. cil. T. 1. f. 517. See Suit of the King's Peace. This Point of Policy ^COflar, Pedagium, Signifies Money given for fecmeth to have been borrowed By us from the the Pairing by Foot or Horfe through any Counwhich in the Second Book of the Fends, try Pupilla oculi, part. o. cap. 7. Pedagia dicuntur Feudifts, De Pace tenenda, &c. Hotoman qux dantur a tranfeuntihus in locum conftitutum a prin cap. 53. cntituled, Of this Hovtden fctteth down divers cipe, fays Spelman Et capiens pedagium, debet da-

e*fe

Of Boa

ChUTi'!', Pax Dei & Ecanticntly ufed for that Reft andCcffa-

HUD

tllC

les

tcjles.

And

fidt-

&

provcth.

Dedit etiam duo greater State and Ceremony. magna pedal ia leonilus intexta, ponenda ante magnum diBe. terra pert'mentihus. Pa- altare in fefiis principalibus. Cum diiabus peciis Ingulph. Hift. p. 41. roch. Antiquit. p. 240. JSeoi? aofcilfio, Cutting off the Foot was a 'Tis uncertain what is meant by Punifhment formerly inflicted here ; as appears fSetfOj.ilf. this Word, tho' we often meet with it in old by the Laws of William the Conqueror, and by Writings. Mod Authors agree, that it is the Ingulphus, and other Authors, viz. Interduimm ne fame with that Garment call'd Rationale, which quis occidatur vel fufpendatur pro aliqua culpa, fed ethe High Pricft in the old Law wore on his Shoul- ruantur oculi, abfeindantur pedes, vel tefiiculi, vel So in Ingulphus, pag. ders, as a Sign of Pcrfe&ion. 'Tis worn alio by maims. Leg. Will. cap. 7. the High Pricft of the new Law, as a Sign of the 856. Sub poena perditionis dextri fiii pedis. Fleta, lib. grcateft Virtue. Qu* gratia &> ration* perficitur ; 1. c. 38. BraSon, lib. I. cap. 32. Menaft. I Tom. pag. for which Rcafbn it is called Rationale. 'Tis by \66. Solidariis pedo*. Foot-Soldiers. fome taken to be that Part of the Pall which co$>CDOnetf, vers the Brcaft of the Prieft, and from thence it nibus & fagittariis multis milibus condutTis. Simeon But all agree that 'tis the of Durham, Anno 108 $. is called PeSorale. When the old Hofen or Breeches richeft Part of that Garment, cmbroider'd with |2>etiulP0. Gold, and adorned with pretious Stones. Item reach'd down below the Calf of the Leg, the brendato cum rJundis pecovered the Feet, and came up to capa cum pc&oralc optime Stockings only Soralibus aurifrigiis, &V. humerali vineato de fino the Ancle, or juft above the Shoe. Thefc odd fhort Hole were called Vamps, and Vampays ; auro brendato, lapidihus infertis, &c. id.Car. 2. cap. 3. Armor for the Breaft, whence to graft a new Footing to old Stockings te(rp?efl,

Branches Par. paper, fuorum Annal. in H. Z.fot. 144. and 330. There is alfo Peace of tke Church, for which fee Santtuary. And the Peace of the King's Highway to be free from all Annoyance and Molcftation. Sec Watting-freet. The Peace of the Plough, are fewhereby the Plough and Plough-Cattle curcd from Diftrcflcs ; for which fee F. N. B. So Fairs may be faid to have their Peace, fol. 90. becaufe no Man in them may be troubled for any Debt elfewhcrc contracted. See Fairs. $en.ium. See |>eftige. See pw'carp. .^>ed)crj'. fin all Parcel of Ground. fdrcifl, A Piece, or

re

fahum

conduct um,

&>

territorium ejus tenere fecu-

rum. So Baldus Caffan. De Confuetud. Eur. p. 1 1 8. hath thefc Words, Pedagium a pede diHum efl, quod a tranfeuntihus fohitur, &c. And we find Edward the Third granted to Sir Nele Loring, Pedagium SanH Macharii. Rot. Pafc. 22 Edw. 3. M. 34. 'Tis mentioned like wile in Matt. Parif.Anno 12$6\ Sp pag. 5 1 5. Telonium quod vulgarittr dicitur Paagiuni.
|2>C0aIe, A Foot-CIoath, a Carpet, or Piece of Tapeftry laid on the Ground to tread on for

'.

&

Thcfe Vamps which were more is called Vamping. proper, like our Socks than our prcfent Stockings, were It fignifics a particular Pa- called Pednles and Pcdana; as among the Cuftoms private, one's own. De -uejtitu eorum ita rifh, or Church, that hath Jurifdi&ion within its of the Abbey of Glaflon. fclf, for Probat of Wills, &>c. exempt from the ell confuetudounufquifijue fratrum duas cucullas, and the Biftiop's Courts. The King's duo ftamina, &> duo femoralia haduos fraccos, Ordinary,
a Breaft-plate, derived

from PcBus, a
teculier,

Brcaft.
is,

peculiar, In French

that

immediate Government of the King himfclf, who Supreme Ordinary. It is an ancient Privilege of the See of Canterbury, that wherever any Manors or Advowfons do belong to it, they forthwith become exempt from the Ordinary, and are reand of the Diocefe of Canterbury, puted Peculiars ; mentioned 22 23 Car. 2. Stat, for the Maintenance of the Minifters of London. See Canterbury. pfcunia, Properly Money, but was anciently ufed for Cattle, and fometimes for other Goods
is

Spiri- bere debet, quatuor caligas, * pelicem novaai, petual JurifdiSion.and rcferved to theVifitation and dulcs vera decern, fell, ad feftivitatem omnium Sancto-

Chapel

is

Royal

Pe.uliar,

exempt from

all

&

&

rum

iv.

tular.

cV ad fejlivitatem S. Martini Abbat. Glafton. MS. f. 10.

iii.

&c. Char-

f2>fpr (Pera, Fr. Pierre, Saxum, quod e {axis fieri the Force of folebat ) Is a Fortrefs made againft

&

the Sea, or great Rivers, for the better Security of Ships that lie at Harbour in any Haven. So is the Peer of Dover defcribed in Cam. Britan. p. 259.

Anno

i/\.Car.z.

cap. 27.

The Haven and

Peer cf

Great Yarmouth, mentioned 22 Car.

2. cap. 2.

as well as

Money

So wc find often in Domefday,

cfr,

PE
in our Common Law $betr8, Pares, Signify thole that are impanelled in an Enqueft upon any Man, for the Convicting or Clearing him of any Offence for which he is called in Queftion ; and

PE
ccum
JSfllirta, Pilch, Tunica vtl Indumentum pclli; bine fuperpelliceum, " Sur-pilch, or Sur-

plice. Spelm.

JDdlipanua {Vat

Edw.

5.

tag. 2.

m. 45.

the Reafon thereof is, becaufe the Courfe and Leather- feller, or Skinner. ^KUofa, French Pelote, The Ball* of the Foot Cuftom of our Nation is to try every Man in fuch a Cafe by his Equals, or Peers. Weftm. I* Charta de Forefta, cap. 7. Talis autem expeditatio So Kltchin ufcrh it, fol. 78. in thefc Words, ( viz. canum ) fiat per affifam communiter ufitatam, cap. 6. Mais fi le amerciament foii ajprre per Pares. And viz. quod tres ortelli abfeindantar, five pellota de pede anterior!. See Co. this Word in this Senfc is not in ufe with us only, Infi. par. 4. fol. 308. ^elt'toonl Is the Wool pulled off the Skin, or but with other Nations alfo. For Pares funt convafcon- Pelt of dead Sheep. 8 H. 6. cap. 22. falli quorum fententia vafallus propter feloniam eji Et l>etur2e, i. e. Skins, or a Tribute paid for Skins. demnatus. Bartilayus de Regno, lib. 4. cap. 2. De expenfis gardaroba in quibus emptiones pannorum, Pares funt qui ab eodem Domino feudum tenent, lib. ! Feudor. cap. 26. But this Word is moft princi- pclurse, pc. Fleta, lib. 2. cap. 14. fDrn Signifies an high Mountain, as Mr. Cambthofc that be of the Nobility of pally ufed for den tells us in his Britannia. It was fo called the Realm, and Lords of the Parliament. Staundf. by the Britains ; al!d not only by them, but : The Reafon by the cor. lib. 3. Cap. Trial per Us Peers pi. whereof is, That altho' there be a Diftin&ion of old Gauls : From whence thofc high Hills which in all publick A- divide France from Italy, are called the Apennines. Degrees in our Nobility, yet $>eneranu.!j, A Penon, or Enfign-Bcarcr. Hie are equal ; as in their Votes of Parftions they Noble- jacet Johannes Parient, Armiger pro torpore Regis Riliament, and in pafling Trial upon any to be borrowed chards Secundi, & penerarius ejufdem Regis. Epiman, &c. This Appellation feems and from thofc Twelve Peers that taph, apud Digs-well in Com. Hertford. from France, whom fDmicillUP, Penicellus, A Penon, or Pendant, Charlemaine inftituted in that Kingdom ; of read Vincent. Lupanus de JMagifi. Francis, a Streamer, a Banner. Robertus de la Sale tenet you may And tho' we have bor- iuas virgatas ten* in Nether Overton per ferjantiam lib. 1. cap. Pares Francs*. rowed the Appellation, and applied it with fome inveniendi in exercitu Domini Regis hominem portanReafon to all Lords of Parliament, yet we have tem unum pcnicillum per xx dies fumptibus furs. f**>l'llli1lOUill, Denarii alicujus ex quavis confuetuno fet Number; for our Nobles may be more or
dine pro facultate aliqua vel privilegio habendo, the King pleafeth. puta in forefta, aut alibi. Spelm. Gloff$>fgfn. See Forath. Kind of coarfe, woollen Cloth, dure. =|&fn!ffjn>% pCPnC fO?t 9 DU1C. Sec Paine fort ufed for Pondus, Weight. Sec mentioned 43 Eliz. cap. 10. $Clfa, antiently #enne. See Bay. Pefage, and Weight. 10 i. e. fJennOCCUCtUm, Pankridge in Staffordjhire. Super perceptione Pound-weight. Peifa, 8 Pcifarum cafei. Thorn. Chron. fJmnulattlff, i. e. Furred. 'Tis the fame with Librarum, Foderatus. 'Tis mentioned in Fortefcue, De Laudib. 2070. pag. A Peel, a Pile, a Fort. The Citadel or Leg. Angl. viz. Capicium ejus non alio quam minivero
lefs, as

&

&

ibela,

Caftle in the IJle of Man, was by this ed to Sir John Stanley. Pat. 7. H. 4-

to>eigl)t. Every Pound containing Twelve Ounces, each Ounce was divided into Tho. VenablesArm. Twenty Parts, called Twenty Penny-weight. For at $>>elfe i&elfre (Pelfra) tenent. five refident. infra Do- that Time Twenty Penny-weight weighed One clamat quod fi aliquis minium five Manerium de Kinderton feloniam fece- Ounce which tho' the Penny-weight be alter'd, Thomam fuper faBum yet the Denomination ftill continues. Every Penrit, corpus ejus per ip/um
'

Name
l8 -

grant- pcnulatur f2>ennp

c. 51.

^ele. See

Pille.

&

illud

conviB. fuerit, habere Pelfram captum 6

viz.
qus,

Omnia

bona

&

cat alia hujufmodi feifire

Et ea

Domino Comiti pertinent ad Cafirum Cefiria prafentaomnia invent, domeftica, Sr- de omni gere, 6> habere nere bourn, vaccarum, boviculorum, juvencarum, pormelius : Et fi de aliquo corum, bidentium unum, viz. non habuerit nifi unum, clamat habere illud ugenere num, cum aliis minutis animalihus, ut gallis, gaUinis, taUiatos &> atamis, GP hujufmodi, gP omnes pannos omnes carnes attaniatas, 8> brafium taniatos, & omnia blada inventa ininfra unum quarterium, 8? de quolibet taffo bladi clafra unum quarterium ; mat habere <02OUnffal integrum cujufcunque taffi, &> omnia vafa lignea, totum plumbum extra fornacem, omnia ad leBum peromnes mappas, manutergia, omnes carreBas ferro non ligatin- linea &P Ianea, & omnes caruccas cum tota apparura, QPc. Plac.

is fubdivided into Twenty-four Grains. ^3enon, 1 1 R. cap. 1. Is a Standard, Banner, or Enfign, carried in War: It is borrowed from France for Penon in the French Language Signifies the fame Thing. ^&enfa Sails, Cafei, &c,* A Wey of Salt, or Cheefe, containing 256 Pounds HerveusEpif. Elienfis concejfit Monacbis quatuor penfas cafei, fex

ny-weight

&

&

Mum

penfas falls. Rift. Ellen, apud Whartoni Angl Sac. P. 1. p. 617. The fame Weight is called in

weighed Twelve Ounces Troy. Payment de numero, imported jult Twenty Shillings: Ad fcalam, imported Twenty Shillings Six Pence and ad penfam imported the full Weight tas In Time of of Twelve Ounces. Yid. Lowndes'* in Intin. apud Ceftriam, 14 Hen. 7. Ejfay upon Coin, War the Earl Marflial is to have of all Preys and pag. 4. 0enfton, Penfio. That which in the Two TemBooties all the gelded Beafts, except Sheep, Hogs and Goats, which is called gelfre. MS. S- Knyve- ples is called a Parliament, and in Lincoln's Inn a Council, is in Gray's Inn termed a Penfion; that is. ton. Batillus. So in the Monafl. An Affembly of the Members of the Society to pelia, " e. Pellus, 2 Tom. pair. 528. Debet habere cafeum de melioribus confult of the Affairs of the Houfe. And in the Inns of Court, Penfions are certain annual domus, &pltnam peliam falls. Payments of each Member to the Houfe. 1 1 H. 4. ) The Cuftom or ( Rot. Pari.

&

&

&

old Writings Pifa, Pefa, Pels '20"J f&cgfgtn, The any^fft way of paying into the Exchequer as much Money for a Pound Sterling, as

of a

Pound
;

$ett~apf

Duty paid

for Skins, Pelts, or Leather.

I&mfion rraj

P E
#ffionrrtf,
Penfion.irii,

PE
A

Are a Band of Gentle fol. i j 7. and the New Book of Entries, vcrbo Perattend as a Guard upon the ambulations f.itienda. (Smria for Ptfraria. Pcrariis fuit &> alin King's Pcrfon They were inftitutcd Anno 1539, and have ar. Allowance of Fifty Pounds a Year, machinis bellicis paratus. Brompton, Anno 1(73. Sec Paravail. ?5>cra<<Jl. to maintain themfclves and two Horfes for the Service. See Stows Annals, 973. Perch. Et unant a ram f&frra for Perlha, King's When a Penfion Writ is once prati per majorem I'ei cam. Monafiic. Tom. X. pag. f->nU'tOll*BDiir. iflucd, none fucd thereby in an Inns of Court, or permitted to come into RuU be percapmra, Wire, or Weer, or Place in a

men

To called, that
:

difcliargcd
till all

Duties be paid. Order in Gray's Inn, wherein it Items to be a peremptory Order asainft fuch of the Society as are in Arrear for and other Duties. Penfions,

Commons,

River made up with Banks, Dammj, &>c. for the better Convenience of prefcrving and taking of Fifh. Of which Kind there were lcvcral artificially contrived in molt Waters and Stream*. ^tntClOltalF, Pentecojlalia, Were certain pious Widow de Meriton granted to the Knights TemOmnes pcrcapturas quas Aratres incepeOblations made at the Fcaft of Pentecojl, by Pa- plars. Paroch. rilhioners to their Parilh-Pricft, and fomctitnes runt yerfus me in faciendo paffagium fnum.
Antiq. p.
|>erctT,
1

Pariflies to the principal by inferior Churches or Which Oblations were alfo Mo', her Church. called Wlntfon Farthings, and were divided into four Parts, One to the Parilh-Pricft, a Second to the Poor, a Third for Repair of the Church, and a Fourth to the Bilhop. Stephens of ProcuraSee Mr. Kennet't GUffary tions and Pentecojlals.

20.

Pertica, Is ufed with us

for a
in

Rod

or
;

Length whereof Forty in Length, and four in Breadth make an Acre of Ground. Cromp. fur. fol. 222. Yet by Cuftom of the Country it may be longer, as he there faith and fevcral Counties differ
;

Pole of Sixteen Foot and a Half

herein, for in Staffordshire it is Twenty-four Foot, in the Foreft of Sherwood $)enp (Saxon Penig) Was our anticnt current Twenty-five. In RereEt quod fint qui- fordjhire a Perch of Walling is Sixteen Foot and a 2 Infl. f.l. 575. Silver. Ward- Half: Perch of Ditching Twenty-one Foot : In eti de omnibus mifericordiii, 6 Warda, the Foreft of Cank Twenty-five t In the Foreft of peny, Aver-peny, Hundred-pcny, Tithing-peny, Skene de verbor. fignif. verbo fip Borthal-pcny, fip de omnibus operibus Cajlellorum, Clarendon Twenty, &>c. Conv. Ecclcf. Particata temt, faith, That Particata terr* is a Pentium, Sfc Char. Hen. 7. Ab.
in Ptntecoftalia.

&

&

weighed as much as Three of our Half Crowns. The Englilh Penj called Sterling, is round, without clipping, and weighs 32 grana frumenti in medio /pica; Twenty- pence make an Ounce, and Twelve Ounces make a Pound. It was made with a Crofs in the Stat. Edw. 1. Middle, and broke into Half-pence and Far-

VVeftm. Anno 19 Regni. The Saxons Rood of Land ; and a little after to this Effcci, had no other Sort of Silver Com. It was equal Three Barley-corns without Tails let together in in Weight to our Threepence: Five of thofe Length make one Inch ; of the which Corns, Penies made one Shilling Saxon, and Thirty Pe- one mould be taken off the middle Ridge, anopies made a Mark, which they called Mancufe, ther off the Side of the Ridge, and one off the
S.

Petri

Furrow Twelve Inches make a Foot of Mcafure, Three Foot and an Inch make an Eln, Six Elncs make one Fall, which is the common lineal Mcafure, and Six Elncs long and Six broad make a fquare and fupcrficiaf Fall of Land meafured. And it is to be underftood, that one Rod, one Raip, one lineal Fall of Meafure, arc all one, each of them in duas partes pro obolis things. Sj{ia denarios finds containing Six Elncs in fip in quatuor partes pro quadrantibus confuevit, ordina Length ; Howbeit a Rod is a Staff or Pole of turn fuit ad tollendam occafionem defalcationis monet* Wood, a Raip is made of Tow or Hemp, and oboli quadrantes. Wal- fo much Land as falleth under the Rod or Raip quod rotundi ejfent denarii,
and
:

&

is called a Fall of Meafure, or a lineal becaufe it is the Meafure of the Line or abominabi- Length only ; like as the luperficial Fall is the Conventui pofiea dolofam ram Abbati Item, Ten lem, qux dicitur Pen y pile, 8p cum ilia triavit 20 Meaiurc of Length aud Breadth. Sol. in denariii antiquis pendens maximi, cum quibus Falls in Length and Four in Breadth make a denarios quorumcunque. Will. Rood, Four Roods make an Acre, &>c. This is equa lance recipiebat the Meafure of Scotland. A Pole of betted or Thorn. Sabann. 1335. fjeppir, Piper, Is a Spice well known, of denlheired Ground is Twelve Foot ; of Wood, whofe Diverfities and Nature you may read Twenty-one Foot. See Skene, verbo Perticata ter.

fingham 1280. Mat. Parif. 1279. Fabricavit f-H'nppiff, Penny-weight.

at once,

&

&

fibi fiate

Fall,

Montgomerl terrt affertandx, per Clauf. 1 1 Hen. 3. m. 6. In Forefa de Cank, Pertica ij Pedum. Int. 19. cap. Per Perperambulation of' flje iFozfff, Perambulath Plac. Hill. 10 Edw. 2. Staff. 36 Is the Surveying or Walking about the ticam 20 Pedum in de Clarendon. Mon. Foreft*, Forefia nofira or the Limits of it, by Juftices, or other Angl. 2 Par. fol. 273. b. Perticata de 24 pedibus in Forefi, Officers thereto appointed, to fet down the Metes Mineriis de Detbyjbire. Efc. t6Ed. I.N. 34. Per and Bounds thereof, and what is within the Forefi, Perticam xxi pedum in Wyndefore. Antiq. MS. in and what without. 17 Car. 1. cap. 16. 20 Car. 2. Thefauro Regis dc vaftis arentatis 32 Ed. 1. f. 3. See Purliew. See Pes Forefi'-. cap, 3. 4 Infi. fol. 30. facienoa Is a Writ that is ?S>ercl)eru, The Paris Candles ufed formerly in ^iranibulatioiu fued out by two or more Lords of Manors lying England were lb called. See Stow't Survey of
lib.

Gerard's Herbal,

3.

cap. 145.

This

is

fet a-

r<e.

In Honore

de

mong Merchandife

to

be garbled, Anno

Jc.

Perticam Regis 24 Pedum.

near one another, and confenting to have their London, pag. 71. The Reafon I prcfumc was this, Bounds fevcrally known. It is dire&cd to the The larger Sconces or Candlefticks for the TaSheriff, commanding him to make Perambulation, pers or Lights on the Altar were called Pertia, and to fet down their certain Limits. F. N. B. Perches : Hence the bigger Candles, cfpecially of See Reg. Orig. Wax, that were commonly fet upon the Altars, Sec Ratknabililus divifis fol. 133.

were

P E
were called
Perchers.

P E
Infuter &P in capeUa

in

V>ttmwtauom
Denianner* cum
to

asrcljiDiaionams
C-crlefia

<j

rrlffi'sc

ei

beau
decenter

virginis

fuperius
Hift.

auftrali

Ecclefte

latere
cereis

* K&ittfyenba,
to

a Writ
u

prtparata,

duas

perticas

pro

fuperponendis

an

ordinatas.
t poff.

Croyl. Contin. fub

Anno Clerk

Ordinary, commanding him to a Benefice, upon

Reg. Orig.
fol.

admit

1405.

another.
nancy

Exchange made with

See Entry. "Tis mentioned in Leg. ti. r. c. 29. ^PiPiH8. and it fignifies the Dregs of the People, viz- Men not worth a Farthing. ^eroonatio urlagariae Is a Pardon for him, who for Contempt in not coming to the King's Court, is outlawed, and afterwards, of his own Accord, yicldeth himfelf to Prifoh. Reg. 28. Leg. Edw. Confef. cap. 18. 6= fitfDer CUi
Judicial,
l

$enimcp, A
;

307.

taken in Kind.

taking or receiving Tithes in Perthat is, Tithes taken, or that may be

tfyofiti*,

gernoj Of

(derived of the French

Preneur, a Taker or Receiver) Is he that takes or receives the Profits, as Pernor of Profits. 1 H. 7. 1. Pernor cf Profits, and Cejluy que ufe, is all one. Co. ep. 1. fol. 123. Chudley's Cafe. See 21 R. 2.

cap. 15.

and

9-

Tn the Conftitution of Cantitus y&tTt 9- pife, concerning the Forcft, cap. 17. we have thefe Words, Si quis autem contra primarium pugnaverit,
in placito emendet

Angli Pere

& pite

fecundum pretium fui

dicunt,

ipfius,

quod
fol.

* per tour. A Joint-tenant is faid to be feifed of the Land he holds jointly Per my per tout, i.e. He is feifed by every Parcel, and by the Whole. Lift, feci. 283. Totum tenet &> nihil tenet, fc. totum conjunBim &P nihil per fe feparatim.

Co. on Lit. fol, 589. b.

$fr mp

&

ReBius autem

Were

&

&> Wite.

folvat primario

40

Braft.

lib. 5.

Sax. See Were.

JPerettlptOJp,

Peremptorius,

Cometh

off, joined perimere, ftantive (as Aftion or Exception) fignifies

Verb

to cut

and

of the with a Sub- terram a final &>c.

IPerparss, See Fleta, lib.

430. Part or "Share of the Inheritance,

2.

qut, Jibi

cap. 54. par. 19. viz. Tanquam defcendit in perpartem de btreditate,

and determinate Aft, without Hope of renewing ^erpunttum, The fame with Gambifo, i. e. a or altering. So Fitzherbert calleth a Peremptory quilted Doublet, viz. quilted with Wool, Am perABion. Nat. Brev. fol. 35, 38, 104, 108. and Non- punila, on which they put their Armour, to make Idem. fol. 5. II. A peremptory Ex- it fet eafy. Sec Mar.dat. H. 3. fuper jurat ad arma fuit peremptory , Brafton, lib. 4. cap. 20. Smith de Rep. Addit. Mat. Pari/, viz- Ad Centum filidatas ten* ception. calleth that a peremptory unum Perpunftum, capeUum ferreum, 2. cap. 13. gladium, &c. Angler, lib. which makes the State and Iflue in a See Gambezon. Exception, Caufe. $et qt * ferfaitta Is a Writ judicial, iffuing Is a Term that belongs to the from the Note of a Fine, and lieth for Cognifee J^ertnDC foalere and fignifies a Difpenfation of a Manor, Seigniory, chief Rent, or other SerEcdefiaftical Law, that being defeftive in his vices, to compel him that is Tenant of the Land granted to a Clerk, or other Ecclefiaftical at the Time of the Note of the Fine levied, to Capacity to a Benefice, Funftion, is de faBo admitted to it; and it hath attorn unto him. Weft. Symbol, part 2. Tit. Fines, the Appellation from the Words, which make the feci. n6. Old Nat. Brev. fol. 155. New Book of EnFaculty as effectual to the Party difpenfed with, tries, verbo Per que fervitia. i&erquifitp, Perquifitum, Is any Thing gotten as if he had been actually capable of the Thing for -which he is difpenfed with at the Time of by a Man's own Induftry, or purchafed with his his Admiflion. 25 H. 8. cap. 21. It is called a own Money, different from that which defcends to him from his Father or Anceftor and fo Writ. or abide in a BraBon ufes it, when he fays, ^Deritlftnarf, To ftay, remain, Perquifitum facere, Place. Patri qui tunc Londiniis pcrindinavit nunti- lib. 2. cap. 30. num. 3. &P lib. 4. cap. 22.
;

os dirigevs.

Mat. Wcftm. Anno 1016. Fortefcue,

Jpprquifitefi

Of

Court Be

thofe Profits that

6cap. 35, 3

grow to a Lord of a Manor, by Virtueof his Court. 4 Erjurp, [Pejurium,") Eft mendacium cum jura- Baron, over and above the certain yearly Profits mento firmatum, Is a Crime committed, when a of his Land, as Fines of Copyholds, Hariots, Alawful Oath is miniftred by any that hath Autho- merciaments, Waifs, Strays, &>c. Perkins, fol.

who

any Peribn in any judicial Proceeding, 20, 21. fwears abfolutely and falfly in a Matter Pcrfon. See Parfin. material to the Iflue, or Caufe in Qucftion, by 3erfonable, Perfonabilis, Signifies as much as their own Aft, or by the Subornation of others. inablcd to maintain Pica in Court : As for ExAnd if a Man call me Perjured Man, I may have ample, the Defendant was judged perfonMy to my Aftion upon the Cafe ; but it mult be intend, 'maintain this Aftion. Old Nat. Brev. fol. 142. ed contrary to my Oath in a judicial Proceeding: And in Kitchin, fol. 214. The Tenant pleaded, But for calling me a Forfworn Man, no Aftion that the Wife was an Alien born in Portugal, and Judglies ; becaufe the Forfwearing may be Extra-judi- without the Legiance of the King, Coke's Inft. 3 part. fol. 163. 23 Hen. 8. cap. 3. ment was demanded whether flie mould be ancial. Excepted out of the Aft of General Pardon, 12 fwered : The Plaintiff faith, me was made perfonHow puniflicd in Wales; A,r:o ableby Parliament, that is, as the Civilians would Car. 2. cap. 1.1.
rity

to

3. cap 4. and 5 Eliz.. cap. 9. Per[fpeak it, Habere perfonam ftandi in judicio. 3&nlims Was a learned Lawyer, a Fellow and fonable is alio as much as to be of Capacity to Bencher of the Inner Temple, that lived in the take any Thing granted or given. Plowden, fJ. Days of Edward the Sixth, and Queen Mary. 27. Colthrift's Cafe. He wrote a very excellent Book upon divers PerfOUdl, Perfonalis, Being joined with the Subftantives, Things, Goods or Chattels, as Things Points of the Common Law. ^ermpntartUg, i- e. Qui wftes parat, i. e. Ornat. perfonal, Goods perfonal, Chattels perfonal fignifies *Tis a Word often mentioned in the Monafiic. any moveable Thing belonging to a Man, be it Vt nee mercator nee infti- quick or dead So it is ufed in 1 Tom. /.. pag. 987. Weft. Symbol, part tor ntc Permentarius nee converfarius non vendat, &c. 2. Tit. Enditements, feci. 58. in thele Words, Thcit 4

26 Ren.

P E

PE

Theft is an unlawful felonious Taking away an- tores, vcrbo Triforium. And fee Woof* Hift. of other Man's moveable perfonal Goods, fo alfo 61. Oxford, 1 Par. fol. 6. See Paradifus. And Kitchin, fol. 139. faith, Where perfonal Pff,i, Penfa, Pifa, A Wey or Weigh, or certain Things fhall be given to a Corporation, as a Weight and Mcafurc of Chccfe and Wool, &>c. Horfe, a Cow, Sheep, or other Goods, &Pc. And containing Two hundred fifty-fix Pounds. is to Herveus Staundf. pi cor. fol. 2 J. ContreBatio ret alien*, Epifc. Elien. concefftt Monachii quatuor penbe undcrftood of Things perfonal; for in Things fas cafes in Dcreford, &> fex penfas talis in Tynreal it is not Felony, as the Cutting of a Tree is mgtoun. Hiftor. Elien. apud Whartoni Angli. Sac. See Chattels. not Felony. P.l.pag.6n. i&crfonat Cithca Are Tithes paid of fuch Progtfajjr, (Pefagium,) Cuflom paid for weighing fitj as come by the Labour of a Man's Perfon, as Wares or Merchandil'e. MS. tern. Edw. For 3. by buying and felling, Gains of Mcrchandifc and Peifa we find ufed for Pondus. Hence to &Pc. Sec Tithes. Handycrafts, Peife or Poife, Ponderare. Galfridus (Plantagcnct; Iperfonaltp, Perfonalitas, Is an Abftraft of Per- Regis Henrici Filius, Dux Britannia Comes RichThe Aftion is in the Perfonalty. Old Nat. mundi*-, dedi fonal. Tronagium Pefagiuni dt NuBrev. fol. 92. that is to fay, it is brought againft nainis meis SanBi Botulphi, Qf qukquid ad Tronagithe right Perfon, or the Perfon againft whom in um Scldcn's Tit. Pefagium ptrtinet, &>*
^

&

Law it lies. In vocabulario utriufque juris, I find Hon. the Word Imperfonalitas For fays that Author,
;

&

Perfonalitas ftgnificatur per

ego
tibi)

has diBiones,

cum

alio

ditur,
litas.

&>

ft nulla

jignificato quod modo concludatur tunc

probabiliter conclueft

gefariutf, Weigher. De quolibet facet Ian*, per licenctam Juftic. injra muros diB* Civitatis (fc. Wintoniae) vendito, pro Pefario Epifcopi quatuor Deimperfona- nar. &> pro feodo Pefarii unum Denar. Pat. 2 Ed.
(tit

mibi,

Pcrfona

perfonafa,

Rot

Quo War.

Edw.

3.

4. pars 6.

m.

<$.

Man Scholari, quandam eleemofynam vo- Rob. Comitem Kingftoniae, Anno 1630. See catam Perticulas ad fuftentationem cujufdam paupe- Spelman eodem verbo. ris Scholaris de infula prxdicia ad exercend. Scholas, $CB fornix, The Foot of Money, called by datam the French Pied per progenitores noftros, quondam Reges Angli* de Monoye, is a true and reafonPat. 5. Hen. 4. m. 1 6. <-y concejfam. ablc Adjuftment of the intrinfick and extrinfick Jdertinrng Was anciently ufed for a Kinf- Value of all current Coins. roan or Kinfwoman, Si quis cum pertinentc fua i&effia, i. e. A Piece of any Thing, Dono pcfemendet hoc fecundum cognationis modum, Jit jaceat, fiam de Campo, &c. omni pecunia, non Wera, fit Wita, xquale, fide infula de
fit

Sec Parfon imparfonee. gerfona ne p,&ebmrmrie ne ffronf charpef ae quinltttte?, &c. Is a Writ that lies for Prebendaries, or other fpiritual Pcrfbns, being diftrained by the Sheriff, or Collcftors of Fifteens, for the Fifteenth of their Goods, or to be contributary to Taxes. F. N. B. fol. 176*. Perticata terra: Is the fourth Part of an Acre, which in the whole Superficies contains Forty Sec Perches. Perticas. PerttCUlaS. The King granted to Luke Margu'in

ft* ujitatus tempore Ric. Oy fell in arrentatione vaftorum, jaBus eft,pgnatus &> Jlulptus in pariete Cancel!* Ecilefi* de Edwinftone, &> in Ecclefia B. Marise de diBus pes continet in Nottingham,

jMeiUum ainguilJarum. Unum pefentum Anguillarum x. I. Valet Groffas Anguittas. Dugd Monaft. Angl.part 1. p. 363. b. Notandum eft quod pes foreJ^Ca ^onflas,

oBodecim

pollices,

& & in

longitudine
vafto-

arrentatione
in

rum

quorundam
fuit,

pertica 20, 21.

CP 24. pedum u/a

&c.

Ex

Rcgift.

Abb. de

Novoloco

Com. Not. penes

Leg. Canuti Regis, cap. 48. Pertum for Perca, or Pertica, i. e. a long Pole. 'Tis mentioned in Knighton, Anno 1391- Cowenerunt in Curia fua mulu turmx Atomorum Mufcarum Qp maximam ftragem fecerunt, adeo ut fcopis Of pcrtis mundarent locum de interfcBis, i. e. they cleared the Place with Poles and Brumes.

quis tinens.

cum forore fua concumbat,

&

eft

fuerit de longe per-

Peffona, Maft,
filii

Md. quod Anno regni Regis Hen. Regis Joh. 37. Dominus de Frechevil &P homines

&

fui in bof-o de Dcrlcy apud nuces, virgis &> glandes

&

Cruche, Peflonam,
cortis

excufftffet

indededucJainComitatu,&'c. Anno gr.iti*, MCCLXIII. Mon. Angl. 2 Par. fol. 231. b. So tempus Peffon*, and tempus Pejfonis, often occurs for Maft-timc, or

& querela

fcil.

the Scafon when Maft is ripe ; which in Norfolk or parbiff, Pervifus, Paruifta, Is deri- they call Shacking time. Quod habeat decern porcos ved from the French Le Parvis. Fortefcue de lau- in tempore de Peffon in bofo meo, &c. fol. 1 1 dibus legum Angli*, cap. JI. pag. 114. hath thefe 10.
?2>eruife

Words, Sed
uertunt
tibus

tunc tlacitantes

ad pcrvilum <2p ad legem Qp aliis

(i. pofl meridiem) fe alibi confulentes cum fervien-

di-

PrfTuraWe Merchandife

Cfliarca
as Pejler,

Seem

confiliariis fuis.

Of which

to be fuch Wares or and take up much Room

e.

Pafture Grounds. concefftt Deo Of A Serjeant at Law, that ware and wife, teato Petro Ebor. &co!ideis prsdiclis de qualibet CaruThat often had been at the Parvife. ca arante in Epifopatu Eboraci unam Tratiam bladi, Anno Domini 936. qu* ufque in prsfentem diem diNam Hi legis periti convenere ut clientibus occUrrerent, citur Peter-Corn. Ex Reg. S. Lconardi Ebor. in non ad tyncinia juris, quas motas vocant exercenda,\s3ib\. Cottoniana, fol. y. a. Concejpones travarum Peter-Corn per tctum Arciepifcopatum Ebor. Selden in his Notes on Fortefcue, vocat. fays Spelman. it fignifies an Afternoon'* Exercife quas primus Ethelftanus quondam Rex Angli* concefftt pag. 56. fays, beato Petro or Moot, for the Inftru&ion of young Students, Deo colideis apud Eboracum. Reg. S. Conbearing the fame Name originally with the Par-\Leonardi Ebcr. Cotton. Nero. D. 5. /. 59. in Oxford. Mr. Somner fays, Pervife fignifies tentio inter Magiftrum Fratres Hufpitalis S. Let%/ift* Palatii Atrium vel Area ilia a fronte AuU Weftm. nardi Ebor. fip conventum de Malton fuper trabis cameSee his Gtojf. in 10 Serip- arum locat. Peter-Corn in craftino S. Botulfi. 1266. hodie, the Palace-yard.
Chaucer thus, Prolog. 9.
^detcr-Co^tT.

in a Ship. 32 H. 0. cap. 14. PcftitiiB for pafitrue, i.

Rex Athelftanus

&

&

&

coiica.

PE
Collect.

P
78.

I
quintallus
ferri

Rog. Dodfworth,

Vol.

pag.

MS.

212. Farcndon, qui continet

MS.
.

TSnus

vet

aceri

Jeter*men, Thofe who ufed unlawful Arts and Jic Engines for catching Fifh on the River Thames. ib* See Stone. See Stow's Survey of London, pag. 19. JiJefra 3ELan, A Stone of Wool. ^Bcfraria Is fometimes taken for a Quarry of etersJPenct. Denarii, Sarthi Petri, otherwifc called in the Saxon Tongue Romefeoh, the Fee of Stones, and in other Places for a great Gun calRome, or Due to Rome ; and alfo Romefcot and led Petrard: 'Tis often mentioned in old Records Hillorians in both Senfes. Rome-pennying was a Tribute given by Ina's King and
of the WejWSaxons, being in Pilgrimage at Roie in the Year of our Lord 720. which was a Penny for every Houfe. Lamb. Epilation of Saxon Words,

&

petras dimid. libra valet ix folvalet qutlibet petra xii den. quxlibet libra i denix

Et

valiio

dum

forte

IBu

dimijji percujfa fmffet

Ducis Pctraria Saxi, ab alto.

And the like given by Offa, verbo Nummus. the Fr. Petite, fmall, and King of the Mercian', through his Dominions, in i&efrjfcfOjJJJW, (from Anno 794. not as a Tribute to the Pope, but in Sax. Fogere, a Wooer, Suiter, or Solicitor,) a Suftentation of the Englifh School or College filly Advocate, a Petty Attorney or Lawyer; or there and it was called Peter-Pence, becanfe col- rather a Trouble-Town, having neither Law nor lected on the Day of St. Peter ad Vincula, which Confcience. IPpftiariP, Beverley in Torifhire. was a Penny for every Houfe. Spelm. de Condi. Tom. 1. fol. 3. 2. And in St. Edward's -Laws, PU8<, Peta, Pete, Combuftible Earth dug up ad cariandum penum. 10. where we may read thefe Words, Omnes in fmall Pieces for Fuel. bladum depr&diBo manerio fuo. vivx pecuniae in domo fua de tum &> calcetum qui bahent 30. denariatus -Cartular. Abbat. Glalton. MS. fol. fuo proprio, Anglorum lege dabit denarium fanfti Petri, dimidiam marcam ; Ijle iiero debet SS. b lege Danorum pjatcra. See FaUera. fummoniri in folennitateApofiolorum Petri &> Pauli &> ad feftivitatem qua dicitur ad vincula, ita ut pi)aro, A Watch-Tower no Man may build Collegii Sec alfo King or crc& any Light-Houfes, Pharos, Sea-marks or ultra ilium diem non detineatur, &e. Edgar's Laws, fol. 78. cap. 4. which contain a Beacons, without lawful Warrant and Authority. fharp Conftitution touching this Matter. Stow 3 Infi. fol. 204. See Filacer. in his Annals, p. 67. faith.That he who had Twen|Hjft!3Jff. $iCarD0, A Sort of Boats of Fifteen Tun, or Pennyworth of Goods of one Sort in his ty Houfe, was to give a Penny at Lammas yearly. upwards, ufed on the River of Severn, mentioned 34 See Romefcot. 35 H. 8. cap. 3. Alfo a Fifher-boat, 13 i&r. $>eter ati tnnruta, Anno 4 Ed. 4. cap. 1. & Elit. 11. See Gule of Augufi. 1 7 Ed. 4. cap. 5. $bicar(llin, Bkarium, A Bowl or Cup with two Idem Abbas reliquit unum petition {Petitio,) Signifies in general a Sup- Ears or Handles. to a Superior, and falarium argenteum, &P picarium argenteum, item plication made by an Inferior de mazere. Cartular. Abbat. Glafton. efpccially to one having jurifdi&ion. Anno 13 quatuor ciphas
;

&

&

&

Car. 2. cap.

5.

MS.

fol. 54. a.

$ef it
|2>t(t

tfcaye.

See Cape.

JLarCfnj>.

Parvum

Latrocinium.

See Lar-

ceny.

#?tit Serjeant)',

Parva
to hold

Serjeantia.

To

hold

piBando aliof the King, yielding him a Knife, a Buckler, quam placeam in diBo foro, Prior habebit inde Ex Rcgiftro Priorat. de Cokesan Arrow, a Bow without a String, or other like redemptionem. Service, at the Will of the firft Feoffor; and there ford. In ?f>!fllfria, Picherus A Pot, a Pieher. belongs not Ward, Marriage or Relief. And here obferve, that none can hold by Grand or ollis &> picheriis emptis ii den. ob. difcis &P platellis, Couluetud. domus de Farendon, Petit Sergeanty, but of the King. But fee the Sta- ii den. ob. MS. fol. 16. tute it Car. 2. c. 24. extrahet a quocunq; vafe in diBa 3'efir STrtafon, Parva proditio. In French Petit botellari/i invento vinum quantum viderit neceffarium Irabizon, i. proditio minor, Treafon of a leffer or pro faBura unius picheri claretti, quod faciat ad lower Kind for whereas Treafon in the higheft fumptus Regis. 5 Ed. 3. Kind,- is an Offence done againft the Security of ttlOJUni. See Bicarium.

by

Petit Sergeanty,

is

Lands or Tenements ham cum

~Piccagium, From the French Piquer, paid in Fairs, to the Lord of the Soil, for breaking of the Ground to fet up Booths or Stalls, Aliquis veniens ad forum de Rud12>irra$U~,
;

effodere

Money

noflrum

rebus ejus,

&P frangendo

vel

fMcftarDiV No Perfon pall ufe any Iron Cards or part 2. Tit. Treafn, though Pickards in rowing any Woollen Cloth, uion Pain to not fo exprcfly. Petit Treafon is, if a Servant forfeit the fame, and 20 s. for every Offence, Anno kill his Matter, a Wife her Husband, a fecular 3 4 E. 6. cap. 2. or religious Man his Prelate. 25 E. 3. cap. 2. if3ule alias WgfifrlT, PiBellum, A fmall Parcel whereof fep more in Stanndf. PI, Cor. lib. I. cap. of Land inclofed with a Hedge, which the com1 Cromptons Juflice of Peace, fol. 2. And for the mon People of England do in fomc Places call a Punifhment of it, fee the Statute 22 H. 8. 14. Pingle, and may perhaps be derived from the Italian
the

Commonwealth.

Wefi. Symbol,
is Petit

IndiQment, feB. 63.

So

&

and Cromp.

ubi fupra.

Word
with Petrari*.

Picciola,

i.

flMt^tra,

The fame

parvus.
Pico,

i&icilfif,

Pica,

An

Vita Rob. Benin Epi. Hereford apud Whartoni petra vi den. una libra fepi Angl. Sac. P. 2. pag. 302. Cert, Curia pedis pulverizati. lPie*jofcoDer fuji ad mortarium valet obolum quadrantem, jic valet petra ix den. Regulae compoti domus de From the French Pied, i. pes, and Pouldreut, i. Pulvelet

$efTfl Is a Sort of Weight, we call it a Stone, but differing in many Places of England ; fomewhere confiding of 16, other- where of 14, 12, Una libra fepi ad candetas vaor 8 Pounds.
obolum, p jic valet

digging and pecking.

Iron Inftrument for Pick, a Pick-ax.

Videtis Lathomum inufitatum, marros, picas, fculcas bajulantem, terram fodientem, lapidet fcindentem, 8)>c.

&

P,ilveriihntin

Julticc to
of
all

called,

and

beeaulc they moll ufually arc in Summer, l.i ys lie, In fiattito r.ofiro, Awn 13 Ed. 1. ,ap. 6. vtrtitur bolr, Suiters commonly arc Country-People fed viderint ipfi Legates annon with dufty Feet ; or from the Expedition intend- potius pro fagittis ferro fpiculatis v.x fit" accipienda. adhuc ilehnuu ed, in the Hearing of Caufcs proper thereunto, Nam fagittt fpiculum the Pile before the Duft goes of the Plaintiff* or Defen- Bolts funt fagitt* catapultarum tot* lignea fc> obtufa dants Feet ; it is held De hora in horam. Skene quibus aves fcrimus. The Word is properde verbor. fignific. verbo Pcdc-pulverol'us, lays ly rendered Bolts, i. e. Blunts, or blunted Arthe Word fignifies a Vagabond ; cfpccially a rows. For Perfons without the Bounds of a Foa Pedlar, which hath no Place of Dwellin;;, and rcft, might fhoot with fharp or pointed Arrows ; therefore mult have Jufticc fummarily admini- but within the Forcft, to prcferve the Deer, ftrcd to him, viz. withinThrec Ebbings and Three they were to flioot only with Blunts, or Bolts, 1. For what Mat. Parif. calls Pil.ttus, is cap. or Piles. Flowings of the Sea. Braffon, lib. 5. traif. num. 6. callcth it Juflitiam pepoudrous. Of termed a Pile in the Statutes of William King of 6. this Court, read the Statute 1 7 E. 4. cap. 2. Co. Scotland, C. 23. de venientibus ad guerram , feci. 5. c> 4 In (I. fol. 172. and Cromp. Jur. fol. 421. See omnes ubiq; qui habere poterunt, habeant arcum &> Tliis among our old Sax- fagittas extra forefiam, arcum fc> of the Pavilion.
tl>c

tttnt is it Court held in Fairs, to yield tas, frrrfinm habeant qui vtro tkftrrfia, Buyers and Sellers, and for Redraft ant ar.HS '&> pilatos. Dr. Wat, in his Glcjfary on and fo thii Word, is guilty of a plain Miftakc: Dilbrders committed in them; For,
; ;

was called Ceapung- gemot, i. e. A Court for Pile. Hence Sagitta tilelta was oppofed to Sagitta Merehandifc, or handling Matters of buying barbata this latter, the bearded Arrow, was made and felling. 'Tis mentioned in DoBor and Student, for fharp and deeper Execution, but the piled who tells us, 'tis a Court incident to Arrow had a Pile or Button fixed near the Point, cap. 5. Fairs and Markets, to be held only during the to hinder the Entrance of it. As Blunts oppofed
ons
;

JufiUes

&

infra foreftam

Time

that the Fairs are kept.

to Sharps in Rapiers.

Cum

intrant

6> 4 Ed<u). 6. cap. 10.) Arc tam forefiam ad berfandum Forefiarii non portabunt in reckoned among the Books prohibited by that bofco fagittas barbatas fed pilcttas Anno 2 1 but I could never learn what they H. 1. Statute, Et qmd Forefiarii fui non porwere. JStlettUjr, fo tabunt fagittas barbatas $>it8, Freres pies, Were a Sort of Monks fed Pilcttas. Carta Rogeri called, becaufe they wore black and white Gar- de Quinty, 31 H. 3. Such Arrows as had a round ments like Magpies. They are mentioned by Knob a_ little above the Head, to hinder them 1 24. In quodam veteri catmeterio, from going too far into the Mark, from the LaWalfingham, pag. ve te- tin Pila, which fignifies any round Thing like a quod fuerat quondam fratrum, quot Freres pies
tPlfje

prtdh-

{Anno

res appellabant.

Ball.

a fmall Lar>tletrt fuppojfationifr, A Cap of Maintenance. of Moat and Drink di- Pope Julius fent fuch a gefs, an allotted Portion Cap with a Sword to to the Members of fome collegiate Hen. 8. Anno 1 5 14. Holling. ftributcd pag. 827. but there is a Mention made of fuch a Body, or other People, upon a high Fcftival, Cap by Hoveden, tag. at the Coronation of Richard the ftatcd Anniverfary, or fuch like Solemnity.' 656. Firft,
i&ietailfifl, Pitantia,

Pittance,

The
in

Deinde venerunt GodoDcfign of their Inftitution is thus delivered where it is faid, the Statutes of Ralph Baldock Dean of Pauls, fridus de Luci portans pilcum Regium, 6 Johannes Pitantix funt antiquitus vel Marefcallus juxta eum portans duo calcaria aurea, A. Z>. 1298.

noviter mfiituU. propter folemnitatem Fefiorum

augmen

&>c.

multorum quorunicunque graI9tl(e Of Jf0Dt);aV or tfOUlf^f J, In the County duumf.il. eundem hahitum gefiantium, &f Officiumfeu Palatine of Lancafier, Anno 2 H. 6. cap. 5. fecms to be a Defence built on a Creek of the Sea, obfequium certo die fefiivo feu annherfario peculiariEx Libro Statut. Eccl. Paul. and called Pitte by the Idiom of the Country for tur exer.entium. a Pile. This Pile was cre&cd there by the Abbot London. MS. See Pittance. in Col- of Forneffe, in the firft Year of Ed<w. ^letanttariUB, The Pittancer or Ojper 3. Cam. to diftribute the feve- Brit. Rex Dedimus Henrico Comiti Northumlegiate Churches, who was veral Pittances at fuch Times, and in fuch Pro- berland infulam, cafirum, Pelam Qp Dominium de Donors had Man, &c. Rot. Pat. 1 Hen. 5. m. 6 portions as the fcvcral Founders or $>lu*0^ {Collifirigium, q. Coilum ftringens ; Pilloappointed. i. e. See Pother. ria, from the French Pilleur, ?ig Of 5fl.ea0. Depeculator,) is made of an Engine made of Wood to punifh Offenders, PifltrtfntUOl, An old potable Liquor Ad h&c well known. By the Statute of 51 Hen. 3. you Honey and Wine, and Spices. eti.tm in tanta abundantia vinum hie videas & ficeram, may fee who were then fubjeft to this Punifhpigmentum g? claretum, muflum, &c. Girald. ment. In the Laws of Canutus, cap. 42. It is calCambr. apud Whartoni Angl. Sacr. P. 2. pag. led Halsfange. Sir Henry Spelman fays, 'tis Supplicii Machina ad ludibrium 480. magis quam poenam. Item utimur tenere Statuta PibC or ~&\tke. See Polein. Pifiorum omnino ficut anwe call teceffores nofiri tenuerunt, viz. Quod Pita Is that Side of Money which ft Pifior in male Pile, becaufe it was the Side on which there was agendo puniatur per tres vices, Qf ft pofi tertiam moan Imprcffion of a Church built on Piles. Fleta, nitionem culpabilis inver.iatur, Balivi Capitales, ft iplib. 1. cap. 29. He who brings an Appeal of Rob- fum poterint invenire, ipfunt capiant, pro toto ptiniant , habebit vile &> odibile Judicium de bery or Theft againft another, muft fhew the Colhftrigio, MS. Codex de LL. certain Price, Weight, /. e. the Pillory. ConQuantity, Quality, Number, Mcafure, Valorem Sf Pilam, where fuctud. Burgi-vill* Montgom. a temp. Hen. i. fol. 1 2. b. See Healfang. Pilam fignifies figuram Monet*. the Affue of Arms, Anno 36. E. A Pill, a fmall Piece or Slip of $->llra fcirae, PiliitUP, In

tandam

per prtefentiam

&

&

&

Omnei

alii

qui pejfunt habere anus

&

fagit-

Ground.

Noveritis

me

dedijfe

quatuor cafas terra

fe>

Stance, Pitamia, a fmall Repaft of Fifh or fif unam piltam prati vocatam Walske pille infra Cart. Thomx Epifc. Batho Flefli. Rot. Char, de Anno I Reg. fob. pag. 2. num. farochiam pradiffam. 115. Johannes Dei Gratia, &>c. Noverint, &c. nos Well. Dat. 4 Nov. 4 E. 4. 2H0 pinnae toiuei'f , The old Cuftom of Drinking ajfenfum nojlrum prxbuijfe, QPc. de Manerio de Mildethe Hall, quod Manerium fantro Ed m undo ficut jus brought in by the Danes, was to fix a Pin in Side of the WaSTel-bowl or wooden Cup, and fuum eoneejfimus, &c. ita quod, qui pro tempore Safo to drink cxa&ly to the Pin, as now in a fcaled crifia fuerit, 1 2 s. de redditu altaris annuatim perfohat Glafs, &c. This provoking Art of Drunkenncfs Hofpitali S. Salvatoris quod ejl extra muros SaniJi was forbid the Clergy, in the Council at London, Edmundi, Qpc. in ufus pauperum, &*c. 401. ad Anno 1 102. Presbyteri non eant ad potationes, nee ad refeBionem Monachorum qui Hits diebus Ojficia divina bibant. Du Frefne cites this Constitution pro defunftis celebralunt, que refetlio pitania vocatur.

&

pinnas in the Word Pinna, and betraying his Ignorance Sec Spelman verbo Pitanciarius. ^SUtanciarius Was an Officer in the Monafte in Englijb Matters, would corret the Word ; ries, whofe BuSincfs it was to provide and diftriForte (inquit) legendum pilas, I.e. tahernas. A Bake-houfc, Locus pinfandi bute the Pitances of Herbs and Meat amongft the fMllfinOCi)!U:tl, ubi panes conficiunt. The Book of St. Albans in the Monks. 'Tis mentioned in the Monafl. 1 Tom. pag. Life of Paul the fourth Abbot there, fays, Ijte 148. ffititcljing pencf, (commonly a Penny) Is that hanc Ecclejiam cateraque adijtcia, prater Pifirinam ce- Money which is paid for pitching or Pinfinochium, retdificavit ex Lapidibus tegulis fetting down that every Sack of Corn, or Pack of teris civitatis Verolamii, &c. by which it feems any other Merremain- chandife in Fairs or Markets. many of the Ruins of that ancient City See Piele. fatten" alias lighten. ed until that Abbot's Time, who died Anno

&

&

I0 93"
i&ioneersi
fojfor,

iSitlffare for

#Otare:

Inter

labia

Cometh of the French

Pionler,

i.

pitiflando faciat-

Eadmerus

in vita

fua finitum Anfelmi. cap.

and fignifieth fuch Labourers, as are taken to call up Trenches, and up for the Thing's Army, undermine Forts. 2 &> 3 E. cap. 20. pipr, Pipa, Is a Roll in the Exchequer, otherwife called The great Roll, Anno 37 .3. cap. 4. See Clerk of the Pipe. It is alfo a Meafure of Wine or Oyl, containing half a Tun, that is, Six-fcore and fix Gallons. 1 R. 3. 3. now taken for one who Virata, A Pirate, is maintains himfelf by Pillage and Bobbing at But in former Times, the Word was ufed Sea.

#>[acarb, Anno 2 & 3 P. & M. cap. 7. Is a Li cenfe whereby a Man is permitted to moot in a Gun, or ufe unlawful Games: In French it Signifies a Table, where Orders are written, and hung up ; and Placaert in Dutch is an Edifc or Proclamation. See 33 H. 8. 6. fMacefa Seems to Signify a Piece or Parcel, if of Lands ; and a Place, if of a Houfc or Meffu

age
ceta

as Placeta Meffuagii, Placeta Prati,

and Pla-

Pajlur*.

?>lattca, Pleas, or Pleadings, or Debates and in a better Senfe, being attributed to fuch Perfons to whofe Care the Mole or Pier of a Ha- Trials at Law. Placita is a Word often mentionven was intrufted. And fometimes for a Sea- ed in our Histories and Law- Books : At firft it

The Signified the publick ASTcmblies of all Degrees of Soldier, according to the learned Spelman. Word is mentioned in 13 Car. 2. cap. 6. and the Men where the King prefided, and where they Punishment of them in 28 H. 8. cap. 1 1 5. Affer. confulted about the great ASfairs of the King Rex iEl- dom ; and thefe were called Generalia Placita, bein vit. .5Llfredi Menevens.
Epift.

fredus

cari per Regnum, ut Navali prs.Uo hofiibus adventantibus obviaret : Impcjttifque piratis in illis, vias maris
;

rum quam Laiccrum ibidem conveniebat. This was the Cuftom in our neighbouring Nation of France, as well as here, as we are told by Hincman, De cuflodiendas commijit. fame with Piefa, a Pound-Weight Ordine palatii, cap. 29. And by Bertinian, in his |>ifa : The Will. Thorn, pag. 1777, Annals of France in the Year 767. Tres pifas cafeorum. Some of our Historians, as Simeon of Durham, 1931. e. and others, who wrote above 300 Years afterfMrflf? {Pifcaria, from the Fr Pefcherie, Is a Liberty of Fifhing in another wards, tell us, that thefe ASTcmblies were held Pifcatio,) In Law-French, Pecherie. Vide in the open Fields Nullam enim cportet Regem in Man's Waters
i.
: ;

jujjit

cymbas

& galeas,

i.

longas naves fabri-

caufc Generalitas univerforum majorum tarn

Clerico-

Curiam, quia ubi Rexjudicat in aperto ; Curia fua. ibi Some arc of Opinion, that ejl thefe Placita generalia, and Curia Regis, were what literas infpeHuris Edmundus prafentes we now call a Parliament : 'Tis true, the Lords Alius indite recordations Henries Regis AnglU UNiverfis Courts were fo called, viz- Placita generalia, but nos dediffe conrejpjfe Henrico Howeyn falutem. Sciatis oftner Curie generates, becaufe all their Tenants Pifcariam nojlram in fiagno de Huttokejbather totam and Vaffals were bound to appear there. fupra molendinum fimm de Huttokejbather. nofiro alfo meet with Vladtum nominatum, i. c. &c. In cujus rei, &c. Dat. apud TutHabendum, the Day appointed for a Criminal to appear, and de Gien Clerici tebir. nofiri to make his Defence. per manum Hugonis Leg. H. 1. cap. 29,46", 50. oBavo die Ju'H, Anno regni Regis Edwardi germa.ii Placitum fraffum, i. e. when the Day is paft. Penes Walterum Kirkham Blount, charijpmi xi. Lord Coke tells us, that Leg. H. i. cap. 59. Bar. the Word is derived from Placendo, quia bene placitarc fuper omnia placet: This feems to be a very ^ifcenartUSi Is ufed in our Records for a Fifh- fanciful Derivation of the Word ; I rather think monger. Pat. 1 Ed. 3. Pars jAf. 13. See Pulete- it derived from the German Plats, or from the Latin Plateis, i. e. Fields or Streets where thefe rius. It is a Hole wherein the Stots ufe to drown ASTcmblies or Courts were firft held. But this }2>if , Word Placita did fometimes Signify Penalties, Women Thieves. Skene. See Fojfa and Furca. Fines, Mul&s, or Emendations, according to |3it anO allOtoj?.
Ryly's Plac.

Pari 6^6.

Uteris ajjignare

&

We

My

Gervafe

PL
Gervafe of Tilbury, or the Blink Book in the Exchequer, Lib- 2. Tit. 13. Placita autem dicimus
'<irn.ii
111

P_L
whatever is contained in the Bar. Replication and Rejoinder, and not in the Count it fclf ; So and therefore Defaults in the Matter of the Count
arc not
cicnt Pleading, nor are remedied by the Statute H. 8. but only the Mtf-pleading oijeofailes, 32 or inl'urficient Pleading committed in the Bar, ReAmercia- plication and Rejoinder; but thole are now ieCounty- medied alio by iB Eliz. cap. 13.

pr uniartas in

quai incidunt Delinquentes.

of Hen. 1. tap. n, 15. Hence the old Rule of Cuftom, Comet babet tertium denarium Placuorum, fs to he thus undcrllood the Earl of the County fliidl have the third Part of the
the Laws
;

compnfed within Mif pleading, or

inrurfi-

Money due upon Mulh,

ments,
Courts.

impolcd
i.

in

the

Fines, Affixes

and and

plea* of rlie fi>h.itUP, Placita ad gladium 1 Ranulpb the third Earl of Cbefler, in the fecond Year of Henry the Third, granted to his Barons Mos plead. of Cbefbire an ample Charter of Liberties, Aldermatmo Exctptis Rot. Majoribus, Melioribus, Senioribus, \fc. Baronibui, placitis ad gladium meum pertinentibus. MS. in Bibl. Cotton, fub Tit. Vitcllius, Pat. in arcbivis Regis infra cafiellum Crftria, 3 E. 4. \Vrbanis. m. 9. The Reafon was, becaufe King William [cap. 9. iMacitarn;, A Pleader. Ralph Flambard is re- the Conqueror gave the Earldom of Cbefler to his corded to be totiusRegni Placitator, in William the Kinfman Hugh, commonly called Lupus, AnccSecond's Time. ftor, to this Earl Ranulph, Ter.cre ita libere per glafJIflinf, Querela, Is ufed for the propounding dium, ficut ipfe Rex Willielmus ter.uit Angliam per or exhibiting of any Aftion perfonal or real in Coronam. And confonant thereunto in all IndictWriting, and fo it is ufed, Bro. Tit. Plaint in ments for Felony, Murder, &c. in that Countyand the Party making this Plaint, is called Palatine, the Form was anciently, Contra pacem Affife Domini Comitis, Gladium &" dignitates fuas, or 7 be Party Plaintiff. Kitchin, fol. 231. Thcfe were the 32>[ailtl)ia, A Plank of Wood. Concefp pr.cterea Contra Dignitatem Cladii CeflrU. Materiem in bofco meo de Forma ad pr.tdiBum Aider, Pleas of the Dignity of the Ear) of Sir Cbefler. d'wutn reparandum extra planciis. Carta Stcphani P, Leiceflers Antia. fol. See Gladius. 164. Hifl. Dcvcreux Mil. 1. All Materials of Wood except Or Placita Enfts, i. e. Alta juflitia, or Sovereign
\bl ClfiUf,
I

&

Litigate &P caufas agere, placitandi ante Contjurjlum fuit coram Proeribus, &* icram Hundredariis,
e.

To

&

Planks.

Authority and Jurifdicfion. fMantfx, The fame with Cafula ; which fee. IMebania, PlebanalisEcdefia, A Mother-Church, ^Matf A Hoy, or Water Vcflcl fo called, Anno which has one or more fubirdinate Chapels.
,

Well, uniRadulphus de Salopia Epfcopus Bathon. Ecclcfiam plebanalcm de Cbytu menftt fute Epifcept unam Plauftratam feni apud Malmefour. Reg. cjpali. Whartoni Angl. Sacr. P. 1. pag. 569. Friorat. de Wormefley, fol. 64. |Mebnnu0, A Rural Dean, becaufc the Deaneybitn. Placitum, (from the Saxon Pleo, or Pleob, ries were commonly affixed to the PlebanU, or e. i. Juris afiio) Signifies that which either chief Mother-Churches within fuch a Diftrit, at Party allcdgeth for himfclf in Court, which was firft commonly of Ten Parifhcs.
1

Eli a.

cap.

5.

f&lfHlffratd f Elli,

&

Cart- Load of Hay.

Con-

vit

wont to be done in Fremh from the Conqucft until Ediv.ird the Third, who ordained them to be done in Englifh in the Six and thirtieth Year of his Reign, cap. 15. Thcfe are divided into Pleas of the Crown and Common Pleas. Pleas of the Crown of Scotland be Four, iiz. Robbery, Rape, Murder, and wilful Fire. Skene de verb, fignif. verbo Placitum. With us they be all Suits in the King's Name, againft Offences committed againft
or againft

John Peckbam Archbifhop of Cant, ordained that the Church of Terringes and Chapel of Pafchings in the Dioeefe of Chichefltr. fliould be two fevcral Parifh-Chnrches. Volumus igitur ut in Ecclefia de Terryng cum capellis fuis de Duryngton Qp Hyen unus tantummodo prajideat ReSlir in pofierum, i*P cur am habeat illarum animarum, qu* etiam Ecclefia

fuum

habebit

vicarium perpetuum refidentem, qui

Crown and Dignity. Staundf. PI. Cor. cap. 1. his Crown and Peace. Smith de Rep. Angl. lib. 2. cap. 9. And thofe fecm to be Trcahis

Plcbani five Decani funpens officio jurifdiSionem ordinariam, quam eidem vicarixSf officio anneHimus, perpetuo in clero
capel/is,
fi>

&>

populo ipfius Ecclefit parech:*

cum

drHis

etiam in parochia de Pafchyng, babeat Qp felonies Mifprifions of cither, and Mai- exerceat fecundum canonicas SanUiones. Ecfons, hem. Co. 4 Injl. cap. 10. Edward the Firft en- clejia de Terryng al.um Reftorem fuum curam anifeoffed Walter de Burgo in the Land of Ulfier in marum habentem optineat in futurum, qui etiam vicaIreland, excepting the Pleas of the Crown, to wit, rium fub (e perpetuum habeat, qui teneatur ibidem perfubeffe in mar.datis caRape, Horftal, wilful Firing and Trcafure- fonaliter &P ontinue refi.'erc
1

&

Cambd. Tit. Ireland. Common Pleas be thole that be held between common Perfons, yet by the former Definitions they muft comprife all Plea may other, though the King be a Party. farther be divided into as many Branches as Aftion ; which fee, for they fignify all one. Then there is a Foreign Flea, whereby Matter is allcdgcd in any Court, that may be tried in another. As if one mould lay Baftardy to anoThe Word ther in a Court-Baron. Kithin,f.Tj. Placitum is ufed by the Commentators upon the Ftuds in the fame Signification that Pleas be with us, and placitare with them is Litigare Caufas agere. Hotom. in verbo Feudal, verbo PlatroVC.

vonicis

Plebano

de five de.ano

Terryng,

Dat. 4 Fcbr. 1287. Reg. Ecclcf. Chnfti Cantuar. MS. Yet I believe from this, and other Authorities, it might be inferred, that Plebanus was not the ufual Title for every Rural Dean, but only for fuch a Parifh-Pricft in a large MotherChurch, exempt from the JurifdiQion of the Ordinary, who had therefore the Authority of a the ArchRural Dean committed to him
bifhop,
fubjeft.
|2>!t

to

whom

the

by Church was immediately

&

Oaf, Plegius,

May
5.

be derived from the Fr.

fide-jubere pro Plegius ufed by Plegiatio for the Act of
is
i.

Pleige, Jldeji'ffor, as Fteiger aucum, aliquo ; in the fame Signification

citare.

Glanvil,

lib.

10. ca.

and

the Sayings of the Parties Surctifhip in the Interpreter of the Grand Cnffuto Suits after the Count or Declaration, to wit, mary of Normandy, cap. 60. Plcgii dkuntur perfonx, u 2 2 qux,

|MfaHinpv<

Are

all

P
ante fe obligant

PO
'

tut;
is

And

in the

plegii

; ufed in be ufed for plegii, Pupil, oculi. part 5. cap. that fpced not, then goeth out the fi.ut Alias, Charta de Forefla. This Word plegius is ufed and if that alfo fail, then the Plurles. See Nat. 22. See alfo for Frankpledge fometimes, as in the End of Brev. fol. 33. in the Writ De Ex.am. 'capiendo. William the Conqueror's Laws, fet out by Lambard in what Divcrfity of Cafes it is ufed in the Table in his Arcba'tKom. fol. 125. in thefe Words, Omnis of the Original Regijler.

$lurie$i Is a Writ that goeth out in the third hoc, ad quod qui eos mittit, tenebafame Book, cap. 89, 90. Plegiatio Place, after Two former Writs have had not for firft the original Capias iflues, and if the fame Senfc with Glanvile, fo alvi EfiFefl

ad

homo qui valuerit fe teneri pro libera, fit in plegio, ut ad jujlitiam, fi quid offender it, plegius eum habeat Kit.hin, pre. And thefe be called Capital fledges. and Co. 4 Infi. fol. 180. fol 10. Sec Frank-pledge, ^leDgerp or peagerp, (French Pleigerie, Latin or AnPlegiagium,') Suretifhip, an Undertaking the iwering for. Alfo the Appellant fhall require Conftablc and Marefchal to deliver his Pleggs, and to difcharge them of their Plegerery ; and the Conftable and Marefchal fhall ask Leave of the King to acquit his Pleggs, after that the Appellant is come into the Lifts to do his Devoir. Orig.

^Libialf, A Garment which covered the whole Body, and defended it from the Rain ; and for that Reafon a Cap was fo called, becaufe it defended Caput a Pluvia. Corbet Of tool Is half a Sack. 3 Infi. fol. 96. See Pack of Wool. %)enu8, A Country- Houfe: 'Tis mentioned in Mon. Angl 3 Tom. pag. 194. Ablatis filiis feptem,
patre
dimifit.
1

Junejlo

vir

magna

pietatis

nutrivit

eoi,

6c ad fiudium literarum

mifit

quos

in

podo fuo

^oftes , Side-Gowns, or long fleeved Gowns, which Fafhion grew fo affected and extravagant, fur. ex vetufio Codice MS. in Eibl. Seldeniana. Quod diBos fidejuffores meos aliquod dampnum in- thar the Wearing of them was prohibited by Phifi contingat Charta R. lip Repingdon Bifhop of Lincoln, in his Injunction? currere, Plcgiagii met.
:

>

occafione

Hurtefley, fine dat.

Anna 1410.
quicunq',

1 S.T.P. MS. 58. See Perch. Park or Wood enclofed with |S>0le. i2>Olebabl0, A Kind of coarfe Canvafs ufed by Hedges: "Tis mentioned in Orderic. Vital, lib. 5. Tunc etiam dedit totam decimam de norum the Salefmcn in making up their Ware. 1 J-ac. pag. 583. cap- 24. partem filvx, &c. propri unique pleffeicium ^SoieH^UsS, i.e. A Colt: Sed &> poledrum dena #lena ftyiBfactuca $ plena imta. See Forfei-

a Writ that lies for a Surety, againft him for whom he is Surety, if he pay not the Money at the Day. F. N. B. fol. 137.
^2>leg!i0

flrqutrtant)t Is

prtcipue cum- fuerint revefiiti, inhonefiis togis fuis cum longis manicis vulgariter Pokes nuncupatis non utantur. Ex Collectan. Matt. Hutton.

&

Item quod

diBi vicarii & Clerici

Regifi. of Writs, fol.

^Dlflffeicium,

&

ture.

rio,

vitulum

obolo

redimant.

0Oleine Was a Sort of Shoe, ftiarp or pickfMcnartp Is an Abftratt of the AdjeSive Pleand is ufed in the Common Law in Matters ed, and turned up at the Toe 7111s, they firft came of Benefices, where Flenarty and Vacation are in Fafhion in the Reign of William Rufus, and direct Contraries. Staundf. prtrog. cap. 8. fol. 32. by Degrees came to be of that exceflive Length, Weftm. 2. cap. 5. Inftitution is a good Plenarty that in Richard the Second's Time they were tied againft a common Perfon, but not againft the up to the Knees with Gold or Silver Chains, according to the Dignity of the Wearer King without InduSion. Co. on Lit. fol. 344. They fMebtn, Plevina, From the Fr. Pleuvine, a War- were forbidden by Edward the Fourth, in the Fifth Year of his Reign, under a great rant or Affurance. See Replevin. Penalty, flight Is an old Englijh Word, fignifying to be worn fo long But were not utterly laid afometimes the Eftate with the Habit and Quality fide till the Reign of the Eighth. MalmsHenry and extends to Rent-charge, bury, in the Life of the fore-mentioned William of the Land, and to a Poffibility of Dower. 1 Infi. fol. in. Rufus, fpeaking of the Excefles of thofe Times, b. hath thefe Words, Tunc fiuxus crinium, tunc luxus $>Iita terra:, A Plight, a Pligbtel, a fmall Por- vefiium, tunc ufus calceornm cum ar.u.itis act.leis intion or Spot of Ground. Bicunt per fa- ventus ejl.
;
: :

cramentum fuum quod tempore Willielmi de Buttone

quondam ReBoris Ecclefia de Sowy tota decima de qu vacatur Levide Mede cariata
apud Sowy.
7<J.

plita fuit
fol.

^Olenrariltff, /. brafium curant Qp

e.

faciunt.

Maltfter, Polentarii qui Will. Thorn, pag.

2206.

Solera, The Ball of the Foot: Tres ariilli fcindantur de pede anterior! fine Poleta. Matt. Paris AnfMiteof 51aton, Anno 5 E. 4. cap. 5. Seems no 1 21 5. to be a Meafure then in Ufc,. as a Yard or an Ell $oletar for polenta. Fleta, Lib. '.. cap.
Cartular. Abbat.
Glafton.

MS.

b.

now.
32>fonfecf#,
1

R. 3. cap. 8. A Kind of coarfe 'tis mentionf5oIefria, i. e. A Stud of Colts ed in Fleta, Lib. 2. cap. 87. Item ejus Woollen Cloth, otherwifc called Vervife. ejl facere $>l0to3Unijff, Eleemofyn*. aratrales. Anciently Butyrum, curamque de Poletria abtinere. 1 every Plow-Laid paid a Penny to the Church, |3otf)afhffum, A Pole-Hatchet, a Pole-Ax. "De caruca junBa inter Pafcham &> Penteco- Walterus de Blancheney implacitatur eo Dominum qualibet quod
:

14.

flen,

unum
1

denarium, qui dicitur Plow-Almes. Mon.

fuum
cujjtt.

in capite

cum quodam polhacheto

2.

fdonice per-

Angl.

par. fol. 256.

Placit. 12 Ed.

Hide of Land, which

>oltcp Of Ulffumncf, AJfecuratio, Is a Courfe taken by thofe who do adventure Wares or Mcr$>luralltp> Pluralitas, 21 Hen. 8. cap. 13. The chandife to Sea, whereby they, unwilling to lofe having more than one, chiefly applied to fome the whole Adventure, do give unto fome other Churchmen, who have Two, Three or more Be- a certain Rate or Proportion, as Ten in the nefices. Selden in his Titles of Honour, fol. 687. Hundred, or fuch like, to fitcuro the fafe Arrimentions Trialities and Quadralities. val of the Ship, and fo much Wares at the Place

|MotollanD,

Carucat* terra,
fee.

The fame

with a

o
DCLXXXX
in toto

PO
CXXX
non excedit quingentos

Placr agreed upon ; fo tliat if the Ship and tudine pedes, in latitudine peWtrcs do mifcarry, the Affurcr makcth good to des altitude fabric* lapidrc campanilis ejufthe Adventurer (b much as he promilcd to fc- dem Ecclefi* continet a plana terra CCLX pedes, curc ; if the Ship arrive fafcly, he gaineth that altitudo fabric* ligned continet CCLX pedes, attamtn
clearly which the Merchant compoundcth to pay him. And for the more even dealing between the Merchant and the Affurcr in this Cafe, there is a Clerk or Officer ordained to fet down in Writing the Sum of their Agreement ; and this Difference that is called Poliicy, to prevent any

XX pedes.

Item pomclcon. avitate, fi

lum
fuerit

ejufdem campanilis continet in fua

vacuum^

buffellos bladi,

metri continet
&Pc.

Ex

oiu faciunt tres pedes, Chronico Ecclef. Salisber. Cotton. Cleo'.

XXXVI uncias

iiacujus rotunditas

patra. B. 4.

An Orchard. In Mm. #. fStomeraniUtti, might after happen between them. This is men4; Eliz.. cap. 12. and 14 Car. 2. cap. 23. Angl. 2 Tom 129. Comedo etiam eas duas partes deAnd is now many Times ufucd to infurc Mens cimarum totiut fceni mei 6* Pomeranci & totius panLives in Offices, who have paid great Sums of nagii mei. pondage. See Poundage. Money for the Purchafc thereof, and are infurcd from that Adventure by a certain Company of ponnrrare. It was a Cuftom formerly to Merchants or Citizens, for Three or Four per weigh fick Children at the Tomb of a Saint, and or Cent, fubferibing or under-writing the Agree- to balance the Scales with Wheat Bread, ment, Poliicy or Infurance, who do among them with any Thing which they were willing to fliarc the Premium or Money given, and run the offer either to God or his Saints, but always Hazard of it. Such Ajfurances or Policies arc not with fome Money, and by this the Cure was fcldom alfo ufed jn other Matters, where Lois performed. Ad fipulcbrum SanSi nummo fi ponderabat. or Damage is feared. 0OtiOU0, Poundage, Which Duty with that of fJoIIarO, A Sort of fpurious Coin, which with Crocards were long fincc prohibited. Mat. Wefim. Tonnage, was anciently paid to the King accordin Anno 1299. pair. 413. Pollards, Crocards, Stag- ing to the Weight and Meafurc of Merchants Rex majrri &> civibus Wmton. Qp were here- Goods. ings, Eagles, Leonines and Steepings, S< iatis quod tofore feveral Sorts of Money ufed in England, omnibus has literal infpeBuris falutem. but long fincc difufed. 2 Infi. fit. $77. We alfo dedimus dilelh OP fideli nofiro Britoni Balifiario poncall thofe Trees Pollards or Pollengers, which have dus civitatis noflra Winton. &P portum borealem ejufbeen ufually cropt^ and therefore diftinguifhed dem civitatis cum omnibus ad pradiHum pondus Pat. 1 H. 3. m. lo. from Timber-Trees. See Phtvden, fol. 469. b. portum pertinentibus. In Walfingbam and Knighton, Anno 1301. Probipjiioua liegis?, The Standard-Weight appointour ancient Kings Anno 35 Edw. 1. bita eji moneta alienigenarum furreptitio illegitima, ed by Pollardos &> Cocodones atque Rofarios appella- Prtceptum fuit Majori fp Vicecom. Lond. Cum inter quam latenter loco irrepferunt Stertin- cateros Articulos quos Rex per Cartam pro fi betredibatit, qui paulalim gorum, banc monetam primo Rex Edvardtts jujferat bus fuis concejjit Mercatoribus extraneis &* alienigenis, cum bonis valere obolum, deinde omnino exterminavit. mercandifis fuis infra regnum potefiationed

&

&

&

&

& &

but tem Regis venientibus, ordinaverit qucd in quaiibet metaphorically it fignifies an Inch, Pottex in omni villa mercatoria &P feria infra idem regnum 8? potefiamenfura debet menfurari ad radicem unguis, &" debet tem Regis Pondus Regis in certo hco ponatnr ; Sp

poDtr, Properly

fignifies

the

Thumb,

trium granorum bordei boni fine ante ponderationem fiatera in pr&fintia emptoris 6p venditoris vacua videatur, Of quod bracbia ejufdem fiaSpelm. extunc ponderator ponderet in poffindto^, The Embalmcrs of dead Bodies, tera fint equalia, cum fiateram pofuerit in equals amoveat fuch as prepare them for their Funeral and In- equali, terment. Ulp. de Infi. AH. I. quicunque. Si libitina- manus fuas, ita quod remaneat in equali, per quod rius inquit firvum pollinrorem babuerit, ifque mor- Dominus Rex pluries pracepit quod eifdem Mercatoribus ordinationem Regis prudiEtam tuum jpoliaverit, dandam in turn aBionem facerent in omniflare

ex

longitudine

audi s.

&

&

quafi

infiU

toriam.

bus

inviolabiliter

obfirvari.

Ac

ipfi

Major

fif

$>on'39onf!, Capitatio, Was a Tax ordained by A& of Parliament, 18 Car. 2. cap. 1. and 19 Car. i. cap. 6. By the Firft of which every Subjct in this Kingdom was affeffed by the Head or
Poll,

Regis pradiSam reprobando Regi modus ponderandi averia ponderis fignificarunt quod ad civitatem London, venientia a tempore quo non extat

Vicecom. conceffionem

memoria

talis

extitit

&

adhuc

exifiit,

quod fiatera

according to his Degree, viz- every Duke 100/. every Marquefs So /. &c. Baronets 30/. Knights 20/. Efquircs 10 /. &c. and every fingle Pcrfon 12 d. Qpc. And that this is no new Tax, appears by former Ails of Parliament, where

fimper trabat meliorem, hoc eft, verfus rem emptam, SP eodem modo venduntur dicta averia Arcbiepifccpis,
Epifopis,
eis

Comitibus,

Baronibus,

&C. Dominus Rex

adhuc pracepit firmiter injungens quid ordinationem

inviolabiliter obfirvari facerent, &P libro Placiin certo loco ponerent.

Regis prtdiHam

Quilibet tarn conjugatus, quam folutus utriufque fexus pro cap'tte fuo fihere cogebatur. Parliam. Anno 1380.

'

Ed. 2. MS. fol. Walungham Ypod. 534. There was anciently 1 59. From this good Authority it fecms eafy to Cambden in his Notes upon Coins)a perlbnal infer that what we call Troy-Weight was this Pon(fays Tribute called Capitatio (Poll-filver) impofed upon dus Regis or le Roy Weight, with the Scales in the Poll or Perfon of every one, of Women from equilibrio, as we now fay Gold-Weight. Whereas the Twelfth, of Men from the Fourteenth Year the Aver dpi pois was the fuller Weight with a dethe common Ufc of their Age. clining Scale', which had been f->3h>uamu0 Is he that is married to Two, or within the City of London. more Wives together. 3 Infi. fol. 8. pone Is a Writ, whereby a Caufe depending pomrlium, Properly a round Ball fet on the in the County, or other inferior Court, is remoTop of any Building, a pomi fimilitudine, Fr. ved to the Common Bench. Old Nat. Erev. fol Pommeau, Pt'iimelle, Angl. Pommel or Pummel. 2. See Table of the Reg. of Wr.u.

Pondus Regis torum temp.

Ex

Regum

Ed.

1.

&

Ecckfia

S.

Pauli London, continet in

longi-

IknenMJ

PO
178.

f2>onm0i in 3MOG0 Is a Writ founded upon Cambden in his Brit. pa. 325. faith, the chief Mathe Statute of Wejlm. 2. cap. 38. and upon the gistrate of London was lb called, as appears by a Statute of Artlculi fuper Chartas, cap. 9. which Charter of King William the Conqueror to the fame Statutes do Shew what Pcrlbns Sheriffs ought to City in thefe Words. impanel upon Affifes and Juries, and what not ; as alfo what Number, which fee in Reg. Orlg. fol. Chart* Willielmi Conquejioris Civitat.

F.N.B.

fol.

165.

London.

fting, <Bmte William JSiffiop anD William Portgreve, anD all the JSurgettf Godfry Reg Orig.fol. 133. $>oneiitmm ftgiUum aD erceptionem Is a Writ, aurtjin London, French anD Englifh: 3n0 31 whereby the King willeth the Juftices, according grant pou, arijar 31 toiH tliat pou be all pour to the Statute of Wejlm. 2. to put their Seals iatu*to02tt) tljat pe toere in Edwardis ape the to Exceptions laid in by the Defendant againft &ing : aino 31 toill that each ChiiD be bie tfa* the Plaintiffs Declarations, or againft the Evi- oers <per, anD 31 nill fuffer, that anp #an dence, Verdift, or other Proceedings before the pou anp furongpfl uees. 3inD <goD pou beep.
Juftices.

jSoncntUim in IBflflium, Is a Writ, commanding a Prifoner to be bailed in Caufes bailable.

Ex

libro pervetufto.

}2>one per 5Hau(UUl Is a Writ commanding the Sheriff to take Surety of one for his Appearance In whofe Stead Richard the Firft ordained Two at a Day affigncd. Of this fee Five Sorts in the Bailiffs, but prefently after him King John grantTable of the Regifter Judicial, vcrbo Pone per Va- fid them a Mayor for their yearly Magistrate. And the fame Cambden Speaking of in dium. Maidftone Is a Contribution to- Kent, fays, Immunitates plurimas Regina Elizapontage (Pontagium,) wards the Maintenance or Re-edifying of beths fert acceptas, qua majorem fummum Magi-

Wejlm. 2. cap. 25. It may alfo Signify taken to this Purpofe of thole that pais over Bridges. Anno 1 Hen. 8. cap. 9. 22 Hen. 3. cap. 5. and 39 Eliz. cap. 24. Per Pontagium clamat ejfe quiet, de operibus pontium. Plac. in Itin. apud Ceftriam 14 Hen. 7. This was accounted one of the Three publick Charges on the Nation, from which no Pcrfon of what Degree foever was exempted, viz- from the Charge of an Expedition to the Wars, /rom building of Catties, and
Bridges.
Toll
:

firatum
&Pc.

infiituit pro

rortgrevio quern primum habuit,

The Ecclefiaftical Enfign or ftortifO.zium, Banner provided of old in all Cathedral, and mod Parochial Churches, to be Solemnly carried in the Front of any Proceffion, &>c. Magnum
Portiforium ex parte Decani vocatum Stanpropter

dard

nimis defelfivum. fuit vetujlatem Articuii in vifitat. Eccl. Ebor. Anno

1392.

from building and repairing Bridges And this f2>02tirulufif, A little Porch or Arch built over was called 'Trinoda neceffttas; from which Jngulphus the Tombs of dead Men. Leg. H. 1. cap. 83. Si And Mr. Selden, in his quis corpus in terra vel mffo vel petra fub piramide vel tells us, nulli pojfunt laxari. Notes upon Eadmerus, writes, that ne quidem Epifcopi, ftruffura qualibet p Jitum fceleratus infamationibus effoAnd Mat. Paris, dere vel fpoliare prafumpferit, QPc. In fome Authors Abbates &P monachi immunes erant. Anno 1244, tells us, that in all the Grants of Pri- 'tis called Ponticus, becaufe arched in the Shape of a Bridge. vileges to Monasteries, thcSc three Things were
always excepted, that the People
propter publicam

regni utilitatem,
refift

f2>o;fron, (Port'io,) Is that

Allowance or Propor-

might the better

the tion which a Vicar

commonly has out of a ReHory

it

Enemy.
^>Onff0 Colebrook in Buckinghamjbire.

or Impropriation, be 27 H. 8. cap. 28.

f>02tiomr,

certain or uncertain. Stat,

$ont!bu rep.iranriiB, Is a Writ direted to the Sheriff, Qpc. willing him to charge one, or more, it to repair a Bridge, to Reg. belengeth.

(Portionarius,')

Pateat

univerfis

whom

qucd ego Johannes Botelere, Porconarius fecundx dat. 1 7 R. portionis Ecclefi* de Bromyard, iedi
2.

Orig. fol. 153.

f!)oilt:cU0.

Where

Parfonage

is

ferved

by Two, or

See

Porticus.

lbmctimc-s

Three Ministers

the MiBurford, in Shropfliire, &V. are called Porticners, becaufe they have but (Porcaria, according to Fleta,) A their Portion or Proportion of the Tithes or Pro^>02cart>, But Porcheria elfewhere occurs. fits of the Living. Swine's Sty Ex done. Simonis de Co&on quandam place^02tmen. Anno 13 Eliz. cap. 24. The Twelve am in bofco de Coflon ad quandam Porcheriam fad BurgeSl'es of Ipfwich are fo called. So alfo are fol. the Inhabitants of the Cinque Ports, endam, &c. Mon. Angl. I par. fol. 473. b. according to Cambden. 363. See Purprifum. pojtmote Is a Compound of Porte, portus, and 430jp?ifutn. Renter in the Circuit of 31ufirre0 Is an Offi- Gemot, comentus, and Signifies a Court kept in cer that carries a white Rod before the Juftices Haven-Towns, as Swainmote in the Foreft. It is fo called a Portando virgam, Anno t 3 called the Port mote Court, 43 Eliz. cap. 15. Curia in Eyre, Edw. 1. cap. 41. See Vergers. There is alfo a portmotorium eft curia in civitate Ceftria coram maPI. in Itin. ibid. 14 Porter bearing a Verge before the Juftices of either jore in aula Motorum tenenda.
$>0Ca, Land.

A
:

alternately, as Brom-

Ridge of Land.

See Ridge

of yard fupra
nisters

&

Bench.

H.

7.

$02tmannim0te, The Portmote, or Portmens $>oittr of the oo^ in the parliament Igoufr, Is an Officer belonging to that High and Honour- Court, held not only in a Port or Haven Town, able Court, and enjoys the Privileges accordingly. as the Word Portmote is ignorantly renderbut in any City, Town, or Community. ed, Cromp. Jurifd. fol. 11. In Saxon Portferefe, f2>0tgret)e, Portgrevius, Samp/on T)ei gratia Alb. S. Edmundi, &c.
urbis Ve! portus prtfe&us; Signifies with us faBa eft compofttio inter nos is, Burgenfes de villa S. a Magistrate in certain 5ea-Co*ft Towns ; and as Edmundi ad Portmannimot ante Feflum S. Petri

that

&

ad

PO
1

PO
:

Ex Cartular S. Edmundi. MS. Ei ftantly tifcd till Edward the Third s Time. Claufad vin ul.i Portimotus tene.Uur in eodem Burro de Knott (Com I. Edw. 3. in Dorfo. M. 33. Charta Willielmi Dom. de T. Burgenftpoli iDicm Is a Fee by Way of Penalty upon Ccllria:) a Sheriff for his Neglect in returning a Writ afbus de Knotsfont. tcr the Day affigned for its Return ; for which See Portuas. pO,KOO!(<. poztfale, Anno 35 H. 8. cap. 7. Is the Sale of the Cuftos Brevium hath Four Pence, whereas he hath nothing, if it be returned at the Day SomeI-illi, as foon as it is brought into the Haven. times taken for the Fee it fclf. pO,!tfmcmtf). Sec Magnus tortus. pott IDiffcifTn, Poft Diffeiftna, Is a Writ given potffoftnr, The Soke or Liberties of any Port, or Town. King Henry 3. by Charter by the Stat, of Weftm. 2. cap. z6. and lies tor him i. r. City, dated \6 Mart. Anno Regni 11. grants to the Citi- that having recovered Lands or Tenements by zens of London, Quietantiam murdri Precipe quod reddat, upon Default or Rcddition, is infra urbem &> in Portibknc, i. e. within the Walls again dificifed by the former Diflcifor. F. N. B. of the City, and the Liberties without the Wulls. fol. 190. Sec the Writ that lies for this in the Placit. temp. Edw. 1. &> 21. MS* fol 143. penes Dom. Regifter, fol. 208. ^ottea Is the Return of the Proceedings by Fountaine. pojtfoka, The Suburbs of a. City, or any Nift prius into the Court of Common Pleas after Place within its Jurifdi&ion ; from the Saxon a Verdict, and there afterwards recorded. See which is Civitas, and See a, JurifditTto. Plowden, fol. 211. Saunders Cafe. See alfo an Port, de Civitate vel Portfoka fua Example of it in Coke's Reports, vol. 6. fol. 41,41. Concejft quod nullus Somncr's Gavelkind, pag. 135. Sec Cujlos brevium. captus, &c. potmia, for poffllfna; ' e. A Crupper of a pojtuatf, {Anno 3 & 4 Ed. 6. cap. 10.) Is reckoned amongtt Books prohibited by that Statute, Saddle. fame which Chaucer calls a pofferituttp, Pojlerioritas, The Coming after perhaps it may be the Porthole, and which is elfewhcre written Porteos &P or being behind, is a Word of Companion, and It is the Book we now call a Portoos. Breviary, for Relation in Tenure, the Correlative whereof is for a Man holding Lands or Tenements thus Chaucer : Priority of Two Lords, holdcth of his ancientcr Lord by For on my Porthofe / make an Oath, Priority, and of his later Lord by Pofteriorlty. Staundf. Prtrog, fol. 10, 11. When one Tenant See Sir Lewis Clifford's Will, verbo Will: And fee holdcth of Two Lords, of the one by Priority, of the other by Pcfteriority, &"c. Old Nat. Brev. Skene, verbo Porteous. poffe Is an infinitive Mood, but ufed fubftan- fol. 94. Co. 2 Inft. fol. 392 a 'Tis mentioned in potffrn, Or Back-door tively to fignify a Poffibility, as we fay, fuch Thing is in pofle, that is, fuch a Thing may pof- Fleta, lib. 2. cap. 73. par. 21. Poteftas habere Poftcr;
:

fibly be in Effe.

but of a Thing in Being,

ifiomifaruer.

we

fay

it is

nas in omni curia penitns inhibeatur ; fed unicus Jit ingreffus, &>c.

Sec Power of the County. poffrflton, Poffejfto, Is two fold, actual and in Law Actual Poffeffton is, when a Man actually enters into Lands and Tenements to him defended. Poffeffton in Law is, when Lands or Tenements arc defcended to a Man, and he hath not as yet actually entred into them. Staundf. PI. As for Example, Before or until Cor. fol. 198. an Office be found of Lands efcheatcd by an Attainder, the King hath only a Pcffeffton in Law, and not in Deed. Staundf. Prtrog. fol. 54, JJ. There is alfo a Unity of Poffejpon, which the CiSec an Example of vilians call Confolidationem.

pofle
:

for a Fine formerly

potfifine Is a Duty belonging to the King, acknowledged before him in his Court, which is paid by the Cognifee, after the fame is fully paflcd, and all Things performed touching the fame ; the Rate thereof is fo much, and half fo much as was paid to the King for the Fine, and is collected by the Sheriff of the County, where the Land, &>c. lies, whereof the Fine was levied to be anfvvercd by him into the Exchequer. 22 &= 23 Car. 2. An Act for bet;

the

If the Lord purchafe 124. Heriot-fervice, then the Hcriot is extinct by Unity of Poffeffton, that is, becaufc the Seigniory and the Tenancy be now
this

in Kitchin,

fol.

Tenancy held by

in

one Man's

Poffeffton.

Many

other Divisions of
lib. 1.

PoffeJJions

you may read in BraSon,

cap.

1 7.

Fines and Forfeitures, &c. and pottlHarf, Marginal Notes, or Trivet in his to make Annotations on a Book. Chronicle, fpeaking of Stephen Langton, Archbifhop of Canterbury, tells us, that fuper Bibliam poftillas &P earn per capitula quibus nunc utuntur moderni fecit, and that Alexander, Bifhop of Chefter, diftinxit; anfuper pfalterium Poftillas. fcripftt ; and Knighton, other of our Hiftorians, writing of one Hugh, a ter

Recovery of

poflliia:

totum. per poffiuittfsfl Is taken for and impiffibilitas for a Thing

Dominican and Cardinal,

tells

us, that

Totam Bib-

an Act wilfully done, liam poftillavit. done againft our Will. poflnat!. In the Seventh Year of King James, Si autem oculos afnajfet reddat weram ejus, &P poflibi- after many Arguments and long Debates, it was litatis accufetur in eo facto, where fallum poffibilita- by all the Judges rcfolvcd, that fuch as were tis is a wilful Act. Leg. Alfred, cap. 38. So in the born in Scotland afrer the Dcfccnt of the Crown Laws of Canutus, cap. 66. Et ft cjuis agat impoflibi- of England to King fames, were no Aliens in Englitcr, non eft ommno ftmilt ft voluntarie jaciat. Leg. land: But the Antenati, that is, fuch as were Sax. Ed. Senior, cap. 88. born before that Dcfcent, were Aliens in Regard of the Time of their Birth. Co. 7 Reports, Calvin's pott. Sec Per. potti, In French Pofte, a fwift or fpecdy Mcf- Cafe. fenger, Sic dicTus (faith Spelman) qu.ifi poftta, quod poffnahifl Is a Word often mentioned in in via piiblica ponitur ad ftationem dcbitam de, urren- Bralion, Glanvile, Fleta, and other Law-writers, dum. and it the fecond Son. So in Brampton,
CcnOI'iff'Tu Was fit ft inferted in the Lib. 2. cap. 35. Eft ccnfuetitdo in quibufdam King's Title by Edward the Firft, but not con- cimd poftnatus prielertur trimogenito.
fignifics

pod
1

p.irtibus

poll

}>o8s0one&, (Poft-Pcne) Set or put after another. ;2 &P 23 Car. 2. Subftdy AH. a f5o8>tertn, Poft terminum, Is a Return of Writ, not only after the Day afligncd for the Return thereof, but after the Term alfo, for which the Cuflos brevium takes the Fee of Twentyit pence: Sometimes alfo it is taken for the Fee
felf.

claim, that none caft Filth into the Ditches or Places near adjoining, and if any is call already,
to

remove
2.

it.

This

is

176. f2>0Urpattp, Propars, Propartis, Propartia, Is contrary to pro indivifo : For to make Pourparty, is to divide and fever the Lands that full to Parceners, which before Partition they hold jointly, and pro
13.
fol.
.

12 R.

F NB.

founded upon the Statute,

Population made upon the unani- indivifo. Old Nat. Brev. fol. I 1 to a Dignity or Office, f^ouru^effure, Pourpreftura, From the French of which he is not capable by the ordinary Ca- Pourpris, confeptum, an Inclofure It is thus defined nons or Statutes, without fpecial Difpenfation. by Glanvile, lib. 9. cap. 11. Pourpreftura eft proSo a Chapter pofittfated a Bifhop actually pofleffed prie ifuanio aliquid fuper Dominum Regem injufte oc of another See. And the Religious populated a cupatur ; ut in Dominicis Regis, vel in viis publicis oh Prelate to be taken from another Convent, from ftruHis, vel in atjuis publicis tranpverjis a reBo curfu,

fJoffulatiO,

mous Voting any Pcrfon

properly when a or incroacheth any |5or, 6. Thing that he ought not, whether it be in any the beft Allies. Anno JurifdiSion, Land or Franchife ; and generally f->0t*3l(TieP, Are made of 12 Car. 1. cap. 4. and arc ufed in making of Soap ; when any Thing is done to the Nufance of the feme are made in England, but the Beft are King's Tenants. See Kitchin, fol. 10. and Mancente.

which 'he could not pafs by the ordinary Rules vel ijuando aliuuis in civitate fuper Reqiam plateam of the Society. By the old Cuftoms, an EleC' aliquid adifcando occupaiierit, geveraliter quoties tion could be made by a Majority of Votes aliquid ft ad nocumentum Regit tenementi vel Regit but a Population muft have been Nemine contradi- vix vel cititatis. Crompton in his furifd. fol. 152.

&
is

defines

it

thus,

Head-piece for War.

2. cap. 3 Car.

Man

Pourprefture

taketh unto himfelf,

fi>ntt01iatUS, Poifoned, Vita MS. Vulfigi 3. Abbatis S. Albani. Pcftea in brevi migravit ab incolatu mundi, ut dicitur potionatus, cum odio

brought from beyond Sea.

wood's Foreft

Laws,

cap. 10.

Skene de verbor.

fignif.

verbo

Purprefture,

makes three Sorts of

this Of-

hujus conventus &> malediHhne.

$>ounD, Parens, Signifies a Place of Strength to keep Cattcl in that are diftrained, and put there for any Trefpafs done, until they be reple vied or redeemed; and this is called a Pound Pound, and becaufc it is built Overt, or

open

upon the Lord's Wafte, the Lord's Pound. See Kitchin, fol. 144. It is divided into open and clofe An open or overt Pound, is not only the Lord's

Pound% but a Back-fide, Court-Yard, PafturcGround, or whatever Place elfe, whither the Owner of the Beafts impounded may come to give them Meat and Drink, without Offence, for their A clofe Pound being there, or his coming hither. is contrary, whither the Owner cannot come for the Purpofes aforefaid, without Offence ; as fomc
Houfe, Caftle. Fortrefs, or fuch like Place. f-tounoacte Is a Subfidy to the Value of Twelvepence in the Pound, granted to the King, of all Manner of Merchandife of every Merchant, as well Denizen as Alien, either exported or imported ; and of fuch Subsidies fee the Statutes 1 gp j Edw. 6. cap. 13. and 1 Jac. cap. 33. 12 Car. 2. cap 4. and 1 4 Car. 1. cap. 24. ^>OUnDaglum, The Liberty of pounding Cat.

fence, one againft the King, a fecond ngainft the Lord of the Fee, the Third againft a Neighbour by a Neighbour. See Co. % Inft. fol. 38 &> 272. Et Lib. nigr. in Scacc. fol. 37 That againft 38. the King happens by the Negligence of the She riff or Deputy, or by the long Continuance of Wars, inafmuch as thofe who have Lands near the Crown-lands, take or cnclofe Part of it, and lay it to their own. Pourprefture againft the Lord is when the Te nant neglects to perform what he is bound to do for the chief Lord, or in any wife deprives him

&

of

his

Right.
:

Pourprefture againft

Nature

'Tis

pag. 843. flura quam Bercarius Abbas purprehendit fuper pradic-

a Neighbour is of the fame mentioned in the Monaft. 1 Tom, and in Thorn, pag. 2623. Et de purpre-

tum Heliam. #oiir feiltr ttrres la feme que rient en otoer, &c. Was a Writ whereby the King feifed upon the Land which the Wife of his Tenant that held in capite, deceafed, had for her Dowry, if me married without his Leave ; and was grounded upon the Statute of the King's Prerogative. Cap. 3. See F.N. B. fol. 174. ?!->OUrfuii)ant, From the French Pourfuivre,
I,

tel.

In amerciaments tranfgrefftonum,

foffatorum, ftonem continuavit.

onibus

&

feparati.

poundagiis animalium, pojfefHift. Croyland. contin. pag.

519.
|2>0Unt>'b?Cac[).

See Poundbrech.

^2>ounD in aBnncp : From the Saxon Pund, i. e. Pondus : It confided in thofe Days of 240 Pence, as it doth now, but a Penny then was equal in Weight to almoft Five Pence now, and afterwards
; and 240 of thofe Pence weighed 720 fcarce weigh fo much now; this appears by the Silver Penny coined in the Reign of King Etheked. Lambard, 219. See Purlieu. ^Olirallee. null inject fimea cu |>>oiir fair pzoclamef, que cuDureg en foffe s, ou rtuer njes \\vts, 9 c. Is a Writ directed to the Mayor, Sheriff or Bailiff, of a City or Town, commanding them to pro-

to

Three Pence
but

a Pound,

the King's Meflenger attending Wars, or at the Council-Table, Exchequer, in his Court, or his Chamber, to be fent upon any Occafion or MefTagc ; as for the Apprehending of a Perfon accufed, or fulpecled of any Offence : Thofe that be ufed in martial Caufes are called Purfuivants at Arms, 24 H. 8. 13. whereof there be Four of fpecial Names, which fee in the Word Herald. And Stow fpeaking of Richard the Third s Death, pag. 784. hath thefe Words, His Body was naked to the Skin, not fo much as one Clout about him, and was trujfed behind a Purfuivant at Arms like a Hog, or a Calf, &c. The Reft are ufed upon other Meffages in Time of
perfequi, fignifies upon him in his

Peace, and efpecially in Matters touching JurifdiQion. See Herald. Nicholas Upton, in his Book

De
the

militari

officio,

viz.

Lib-

1.

cap.

11.

mentions

antient
tells

and

thefe Purfuivants, us, that they were called Milites linguares,

Form of making

becaufe

PR
Stephens de jurifd.
lib.

becaufe their chief Honour was in Cufiodia lingua, iS^aecfprOjieiJ (Prtceftori*, Anno Jl lien. 8. cap. and he divides them into Curfores eauitantes, and 24.) Were Benefices in a Kind, and fo termed, in becaufe they were Profe.utoret, which is likewile comprehended poSfcffcd by the more eminent Sort of the Templtrt, whom the chief Matter thefc V cries. by his created and called Praceptores Templi. Authority
fcutum Meat deferre pedinum. dignum fert fcapula dextera fignum. Sed bumero Uvo delulil profecutor ab avo, Ac Heraldorum fiat peHore font titulorum.
Cinilorio

4. cap. 10.

num. 27. Others

Sic

etjuitis

England as Cells only, Subordinate to their principal ManSion, the Temfay, they
ple

were here

in

0Olirbepance Is the providing Corn, Fuel, and other Ncceflaries for the King's Houfc. By I a Car. 2. cap. 24. it is provided, That no Per/on or Perfons, by any Warrant, Commiffion
Victual,
or

Authority, Colour of buying or

for
his

under the

Great Seal,
Provifion

or otherwife, or

by

making

or l^aeCipe ln * s Plff (.Magna Chatta, cap. 14.) that jhall be, or for his, their, or Was a Writ ilfuing out of the Court of Chancery, any of their Houjlsold, jhall take any Timber, Fuel, for a Tenant holding of the King in Chief, as Cattel, Corn, Grain, Malt, Hay, Straw, Vi&ual, of his Crown, and not of the King, as of any

Majefiy,
or

Purveyance any Queen of England for the

in London. Of thefc Praceptoriei, I find Sixteen recorded, as anciently belonging to the Templers in England, via. Creffing-Temple, Baljhal, Shengay, Newland, Teveley, Witham, Temple-bruere, WiUington, Rotheley, Oveningtcn, Temple Combe, Trtbigb, Ribfiane, Mount S. John, Temple-Ncwfum, and Temple hurfi. Mon. Angl. a par. fol. 543. But there were more.

Time

being,

Cart, Carriage, or other Thing whatfoever of any the Honour, CahMc or Manor. Regifi. of Writ, fol. of his Majefiy, his Heirs or Sttaejfors, 4. b. Subjects without the full and free Confent of the Owner or i?^accipf quoo rctiDflt Is a Writ of great DiOwners thereof, had or obtained without Menace or En versity, both in its Form and Ufc, for which fee See the Antiquity of Pre-emption Ingrefjus and Entry. This Form is extended as forcement, &c. and Purveyance, Sec. and 3 Infi. fol. 82. well to a Writ of Right, as to other Writs of
}>0Uri)fpcu, Provifor, Derived from the Purvoir, i. providere, Signifies an Officer

King or Queen, or other great Pcrlbnagc, that led A Writ of Right Clofe, when it ilfues out of Sometimes A Writ of provideth Corn and other Victual for their the Court of Chancery Clofe Houfc. Sec Mag. Charta, cap. 22. and 5 Ed. I. cap. Right Patent, as when it ilfues out of the Chananno 28. ejifdem, Articuli fuper Chartat, cery Patent and open, to any Lord's Court, for 7 & 51. 2. and other .Statutes. The Name of Purveyor any of his Tenants deforced againft the Dewas fo odious in Times part, that by Statute forcer, and mull be determined there. Of 36 Edw. 3. 2. the heinous Name of Purveyor which read more at large in Fitz- Nat. Brev. was changed into Buyer; but the Office is re- cap. 1.
; 1

French Entry or Poflcflion. of the Fitz. Nat. Brev. fol.

Old Nat. Brev.

5.

fol.

5.

And
cal.

And

it

is

fomctimes

&

ftrained by and Achat.

j2>0UirJ)I<l

Stat. 12. Car. 2.

c.

24.

Sec Ponrveyance

A Pouch,
cjuos

'Tis ^.ae'ipiraria, ' e. A battering Ram tioned in Mat. Paris, pag. 396. viz- Muros
:

bard
habentes

Etiam
cultellos,

fira Civitatis margonellis, petrariii ex tranfverfo ventris fub umbiliro undicjue eretTts, Q?c.
daggerios Vulgariter vocant, in

a Poke, a Sheath, a Scab

&

&

menca-

Prascipitariis

Powchiis
1248.

ttefuper

impofitis.

Will.

Thorn

fub anno

Man from fome

/>> 55-

^;:e:ipifium Was a Punifhmcnt by calling a high Place or Rock. Malmf. lib. J

|S>n\rcr Of thf ftOimtP, Poffe Comitatus, In the Opinion of Lamhard in his Eirenarcha, lib. 3. cap. I.
fol.

# ixfeitlig
i.

Uira:

e.

the

Mayor

Is the fame as Prtpofitus VUU. of a Town. In Leg. Edw. Confejfor.

309. containeth the Aid and Attendance

of all

cap. 28.

23 Car. 2. Stat, for laying ImKnights, Gentlemen, Yeomen, Labourers, SerliJsefi;lC (22 vants, Apprentices, and all others, above the positions on Proceedings at Law,) Is that Fine Age of Fifteen Years within the County, becaufe which is paid upon filing out the Writ of CoveSec Pofifine. all of that Age are bound to have Harnefs by nant. Vide 2 Infi. the Statute of W'mhefier : But Women, EcclefifJ^aelottiro;, In Matt. Paris, pag. J92. the Ataftical Perfons, and Such as are decrepit, or la- torney General is called Prolocutor Domini Regis. bour of any Infirmity, Shall not be compelled to jbprtttWAtt Is taken cither for a Writ fo called, Arid the Statute of 2 H. 5- cap. 8. lays, or for the Offence whereupon the Writ is grantattend. be that Perfons able to travel, in this ed ; the one may be undcrftood by the other. fnaU affiftant Service, which is tiled where a Poflemon is kept Heretofore the Church of Rome, under Pretence upon a Forcible Entry, or any Force, or Refcue of her Supremacy, and the Dignity of St. Peter's ufed, contrary to the Command of the King's Chair, took upon her to beftow mod of the Writ, or in Opposition to the Execution of Bifhopricks, Abbathies, and other Ecclefiaftical Livings of Worth here in England, by Mandates, Juftice. before they were void ^0U)lc6abi. See Poledavis, 1 Jac. 24. pretending therein a 0Ottiill$( =da\ Is an Act of Parliament made great Care to fee the Church provided of a Whence it arofe, in Ireland by Hen. 7. and fo called, becaufe Sir SucceSfor before it needed. Edward Poynings was Lieutenant there when it that thefc Mandates or Bulls were called Gratis was made, whereby all the Statutes in England ExpeBativf, or Provifiones, whereof yon may read were made of Force in Ireland, which before a learned Difcourfe in Duarenus, de Benefciis, lib. that Time were not, neither are now in were fo rife with us, 1. Thefc
;

&

any 3. cap. Provifions Force there which were made in England fincc that at laft, King Edward the Third not digeft that Time. See Coke's 12 Rep. fol. 100. Hill. 10 ing fo intolerable an Encroachment, mode a Statute in the Twenty-fifth Year of his Reign, Jac. Sea Commandry. Stat. 5. cap. 22. and another Stat. 6. cap. 1. and fSiSeCCptOJW. a Third, Anno 27. againft thofe that drew the X x King's

R
fchal, if

P R
he were a Baron

of the Realm, to anfwer King's People out to the King's Court ; and anThings belonging other Anna. zS Stat, z. cap. i, 2, 3 4. whereby he greatly reftrained this Liberty of the Pope; who notwithftanding ftill adventured to continue the Provifions ; infomuch as King Richard the Se-

them could be

&

de unaquaque villa, i. e. The Reeve, and Four of the molt lubftantial Inhabitants were fummoncd
in.

: But if neither of prefent, then Prtpofitus Of quatucr

See Dr. Brady's Gloffary

*'.

to

IntroduB.

to

Engl.

IGfi.p.91. e. cond likewife made fcvcral Statutes againft them, jS^aeripium, high Bank. Si quis alium but moft exprefly that of 16 R. 2. 5. which ap- fugiens prseripio vel alio morietur. Leg. h. i.e. 88. Some read it Pracipitio, vel Pracipio. points their "Punifhment to be thus, That they be out of the King's Proteeiion, attached by f^asffntflre at) CtrlCfiattl Originally denotes pould their Bodies, and lofe their Lands, Tenements, Goods the Patron's fending or placing an Incumbent in and Chattels. After him King Henry the Fourth in the Church, and is made only for repra/entare, like Manner aggrieved at other Abofes, not fully which in the Council of Lateran, and clfcwhere, met with in the former Statutes, in the Second occurs alfo for prafentare. Selden of Tithes, p. 390. p. aj.lOere Signifies to neglect, or omit In Cone. Year of his Reign, cap. 3 4. adds certain new Cafes, and lays upon the Offenders in them the Clovejlioe, Anno 746. cap. 3. Ut Jingulis annis unuffame Punifhment ; whereto I refer you ; as like- (juifcjue Epifcopus Parochiam fuam pertranfeundo, QPc, wife to Anno 9. ejufdem cap. 8. and 3 Hen. 5. cap. 4. fpeculandoque vifitare non prffideat, Qpc. p.^ficiuni, Warwick. and Smith he Republ. Angl. lib. 3. cap. 9. Some later Statutes do coft this Punifhment upon other ^acfumptlP, In Leg. H. 1. cap. 11. is taken for Offenders, as namely that of 1 Eliz. cap. I. upon an unlawful Seizing any Thing, viz. /ijfultus, robehim that denies the King's Supremacy the fecond ria, Jlerbrecb, praefumptio terr* vel pecunia Regis,

&

time; and 13 Eliz- cap. 2. upon him that affirms tbefaurus inventus, &c. >.z:02ium, Patrinton in Torhpire. the Authority of the Pope, or rcfufeth to take And 1 3 Eliz. tap. I. upon the Oath of Supremacy jt^atum fakabllf, A Meadow, or Ground fit for fuch as arc feditious Talkers of the Inheritance Mowing furatores dicunt quod prtdi&a placea a of the Crown, or affirm the Queen to be an He- tempore quo, &V. fuit pratum falcabile ufque ad pr*: :

retick.
as affirm

And
the

the Stat. 13 Car.

z.

cap 1.

upon fuch diclum annum quod

VV. prsdiflus

illud

aravit. Trin.

Parliament begun at Wefinrinfter 18 Ed. 1. in Banco Rot. 50. J&;afa rem, A certain Quantity or Mcafure Nov- 1640. is not yet diffolved, or that there is 3 of Ground. Sunt quinquaginta acr<t terra in any Obligation by any Oath, Covenant or Enacra de XX pratis in gagement whatfoevcr, to endeavour a Change of Ccrnub. in Camivaret, qutlibet Government, cither in Church, or State; or thit longitudine, GP iv pratis in latitudine, &P qutlibet both, or either Houfe of Parliament have, or prata de xvi pedihus in longitudine, que acra jacent, hatha lcgiflativc Power without the King. And &>c. Fines Anno 8 Ric. 1. pjav in Sit). See Aid. the Word is applied moft commonly to the Punifhment firft ordained by the Statutes beforeybltamblt, Procemium, Takes Name from the For Prcpofition pra, before, and ambulo, to walk ; as mentioned, for fuch as tranf^reffed them And hereof where it is faid that any Man for an Offence if wc would fay. To walk before committed, fliall incur a Prtmunire, it is meant, the Beginning of an Act is called The Preamble, that he fhall incur the fame Punifhment as is af- which is as a Key to open the Intent of the Maflicted on thofe that tranfgrefs the Statute 16 Ri. kers of the Aft, and the Mifchiefs which they would remedy by the fame As for Example, z. cap. 5. commonly called the Statute of Pramuof Reference or Application is The Statute made at Wefiminfler the Firft, chap. 57 nire,' which Kind The Preamble is thus, not unufual in our Statutes. As to the Etymolo- which gives an Attaint it proceeds from the Verb Pra~ Forafmuch as certain People doubt very little to gy of the Word, monere, being barbaroufly turned into Praemunire, give falfe Verdifts, or Oaths, which they ought To forewarn, or bid the Offender take heed. Of not to do, whereby many People are difherited, which aReafon may be gathered from the Words and lofe their Right. It is provided, &V. of the Statute, 27 Ediv. 3. cap. 1. and the Form 13,2ebtnD, Pr benda, Is the Portion which every of the Writ, in Old Nat. Br. fol. 143. Pramunire Member, or Canon of a Cathedral Church reCP f. R. procuratorem, ceiveth in the Right of his Place for his Mainfacias prtfatum prapojitum, Which Words tenance: So Canonka portio is properly ufed for gpc. quod tunc fint coram nobis, &c. can be referred to none but Parties charged with that Share which every Canon or Prebendary receiveth yearly out of the common Stock of the Sec 3 Infl. fol. no. the Otfcnce. Church ; and Pr*benda is a fcveral Benefice, riSee Church-reeve. p^aepofitUBCcCltfJae. ^'aetfpfitug tEliBae Is ufed fomctimes for the ling from fome Temporal Land, or Church apCon (table of a Town, or Pctit-Conftable. Cromp. propriated, towards the Maintenance of a Clerk, Howbcit the fame Author, fol. or .Member of a Collegiate Church, and is comJurifd. fol. 205. it otherwife for there Qua- monly firnamed of the Place whence the Profit 194. feems to apply And thefc Prebends be either fimple, or tuor homines prapoftti arc thofe Four Men, that for growcth. every Town muft appear before the Juftices of with Dignity. Simple Prebends be thofe that have the Foreft in their Circuit. Ir is fomctimes ufed no more but the Revenue towards their Mainfor an Head, or Chief Officer of the King in a tenance Prebends with Dignity are fuch as have Town, Manor, or Village, or a Reeve. See Reeve. Jurifdiftion annex'd to them according to the di&P Sa- vers Orders in every feveral Church. Of this, fee res invent* coram ipfo ( Animalia Prttpoftto)
: :
I

&

cerdote

ducenda

erant.

LL. Edw. Conf.

cap. 2S.

more

in the Decretals, Tit.

De

prtbendis

&

dignitat

This Prtpojitus VilU in our old Records does not Prsbenda, ftrittly taken, is that Maintenance anfwer to our prefent Conftable, or Headborough which daily pr&betur to another; but now it figniof a Town ; but was no more than the Reeve, or fies the Rents and Profits belonging to the Church, Bailiff of the Lord of the Manor, fomctimes divided into thofe Portions called Prabenda, and called Servient villa. By the Laws of Hen. 1. the it differs from Canotica, which is a Right obtained Lordanfwer'd for the Town where he was refi-jin the Church, by being received into thcCathedent; where he was not, his Dapifer or Sene-I drdl,
| j

P
dral, or College:
cboro

PR
Daughter from
in this Cafe.

of

Et per ajfitrnatienem fiollum inVPraceptum, Portia, CenfiLum ; Pr.ctptum being the urn in capital*. But Prabenda is a Right Inftigation ufed beforehand ; b'artia the Aflittance in the Fact, as to help to b:&J the Party murreceiving the Profits for the Duty performed
&>
lo

in the

Church, fufficient for the Support of the dered, or robbed ; Cenfilium, Advice either bePerfon in that Divine Office where he refides ; fore, or in the Fact The Civilians ufe Mandatum
Canonic* as a

and it proceed* from a Mother.

Corpus Prtbendc
is

$>m~fs Has antiently been ufed in the fame Walterus dt Hainteurt uni which is received by a Senfc with Precaria over and above the Profits which verfis, &V. txcepto quod fingulii amris pro eadtm terra Prebendary,
that

are always for his daily Maintenance. qmnque folidot m'ibi dabunt, fimiliter &P tret preces tret preces in autumpnt; viz. Prtbtnia and Frober.da were alfo in old Deeds dt una carina, prima cum uno bomint, fe.unda cum dtubut bominibut, ufed for Proviiion, Provand, or Provender.

&

Pre eque [uo unum Bujbcl Avenarum pro Przbcnda tertio vert die turn tot bominibut, qutt m tadem terra Coucher Book in Dutchy-Office, Tom. i. cotidie mttentet invent! fuerint, &c. Reg. Abbathix capier.da. Ad pnebendos equos fucs &" de Welboe, pag. 107. See Pre, aria. fol. 45. See Ccrory. ^fcnnrraa, 1 3 Ed. 6. cap. 1 3. Is a C**ttr*a futrum. Monadic. 1 Tom. 649. befpitum v (Prabendarius) Is he that hath fuch made before another Contrail, but hath Relation 49;tbfn03f a irebtni; fo called, not * prabendo auxiHum 6f efpccially to Marriages. but from receiving the Prebend. 0ltmi lfhr?, Dtcim* Prtdialet, Are thole cenfilium Efifofc, Tht GcUtn Prebendary of Hereford, otherwife cal- which are paid of Things arifing and growing led Prctendariut Epifopi, h one of the Twenty- from the Ground only, as Corn, Hay, Fruit of minor Prebendaries there, who has ex Officio] Trees, and fuch like, 2 E. 6. 13. See Co. Ir.fi. eight the firft Canon's Place that falls, was antiently //. 649. See Titbtt. the Cathedral Church, and to the :e-fmprion, Praemptio, Was a Privilege alConftjfariut of and had the Altarages ; whereby, in re- lowed the King's Purveyor, to have the firft BuyBifhop, the Geld and other rich Offerings for- ing of Corn, and other Provifion, before others, fpect of made there, he bad the Name of Golden for the King's Houfe, which is taken off by a merly late Statute, made 12 Car. 2. cap. 24. Prebendary. Relate Pralatut, ufually interpret to be ifcan Are Days-Works, which the Tenants of fomc Manors arc bound, by Reafon of their an Archbimop, or Bifhop But Sptlman in bis Tenure, to do for the Lord in Harveft ; and in di- Gloflkry fays, Pralati Ecclefia vocantur nedum fnvers Places are vulgarly called SmOsOapa for pericret ut Epifcopi, fed etiam inferieret, ut Ar.bdia*5lOfnt>ap0, which in the Saxon Diet pre. arias fo- coni, Pretbyteri, Plebani &P ReSoret Ealefiarum ; fie nat: For TSiom is To pray, or intreat. This enim in Bulla Privileg. apud Mat. Par. in Hen. 3. Cuftom is plainly fet forth in the great Book of fub anno 1 246. Innxentius, untvtrfis Mac Catbtthe Cuftoms of the Monaftery of Battell, Tit. Apel- dralium quom aliorum Przlatis, net nen PatrtnitEc-

&

We

&c

derbam,

ftl.

mentum Curia, unum Mejf. 8p unam Virgatam terra, Qfc. tf debet btvtnire unum btminem, &c. 8t* ttiam debet venire, quolibet anno ad duas precarias ca-

60. Johannes Aylmer tenet per irrctula- tlefiarum clericit 6f laicit per Regnum tutit, Soluttm. Sec. pag. 476.

AnglU

cenfii-

pjemittC^.

See Habendum.

f^emitnn, Promimm,

A Reward

Amongft Mer-

ruc* cum cartua fua fi bobcat integrom carucam, vtl dt parti quam bobcat cornea quum babet, fi caru.am men babeat integram, E? tunc arare debet utroque die ad meridiem, uterqut quantum potefi a mane ufque Unter, vil. Caru.a 8? fugatorum babeant unum pa-

&

chants it is ufed for that Sum of Money which the Enfured gives the Enfurer for enfuring the fafe Return of any Ship or Mercbandife. Anno
19 Cor. i- cap. 1. p:f nOfr Is the Thing before it
prendre,
i.

fim folempnem utreque die pradiBarum pneariarum , e>f. e> debet invenire ad 3. precarias in Autumpno See more in Sptlman's Giojfary, 2. homines, verbo Prtcari*. See Bederepe. at Will fyt carium nomen, A Precarious Title Hone ttrram teneo and Pleafurc of the Lord, it permiffioni 6f fola gratia Walters Crifpin Camerarii

e.

&c

Power or Right of taking a offered ; from the French acciptrt : It lies m Render, but not in
is

Prender. Co. Rep. 1 par. Sir John Peter's Cafe. ^enDfr De I5a;on Signifies literally to take a Husband ; but it is ufed as an Exception, to difable a Woman from purfuing an Appeal of Murder againft the Killer of her former Husband.
;

nomine pre- Staundf. pi. cor. lib. 3. cap. 59. ChurruUr. Glutton. MS. as Malice ?3:rpenfeD, Propenfut, Fore-thought juris ptper.fed, Malitia pracegitata, when a Man is flain f&:ect partium Is when a Suit is continued by upon a fudden Quarrel yet if there were Mathe Prayer, Affent, or Agreement of both Par- lice prepenfed formerly between them, it makes it ties Anno 13 E. I. cap. 27. Murder ; or, as it is called in the Statute 1 2 H. 7. f&jecept, Prauptum, Isdiverfly taken in Law, c. 7. Preper.fed Murder. See Murder, and 3 tnfi. f. 51. as fometime for a Commandment in Writing, f&.'ipOfitUH Ceded*. See Cburtb-Retve. fent out by a Juftice of Peace, or other like Off&erogatlbe Court, Curia prtrogativa Ar.biepifficer, for the bringing of a Perfon or Records copi Cantuarienfis, Is the Court wherein all Wills before him ; of which you have divers Exam- be proved, and all Adminiftrations taken that And belong to theArchbifhop by his Prerogative ; that pies in the Table of the Regifier fui:ial in this Senfe it feems to be borrowed from the is, In Cafe where the Deceafed had Goods of any Cuftoms of Lombordy, where proceptnm (ignificth confiderable Value out of the Diocefe, wherein Hotom. in verb. Feudal. he died ; and that Value is ordinarily 5 li. exfcr'tpturam vel infirumentum. fip lib. 3. Commentar. in Hbrot feudor. in prafatitne. cept it be otherwife by Compofition between the Sometimes it is taken for the Provocation, laid Archbiihop, and Tome other Bifhop, as in the whereby one Man incites another to commit a Diocefe of Lcndm it is Ten Pounds: And if any Felony, as Theft, Murder, Qtc. Staundf. pi cor. Contention grow between Two, or more, touchBroBon, lib. 3. trail, . tap. 9. calls it ing any ftich Will or Adminiftration, the Caufe ftl. 105. Praceptum, or Mandatum. Whence we may ob- is properly debated and decided in this Court Xx 1 The. ferve Three Divcrfiries of offending in Murder,
Glafionia

quamdiu [n*

federit voluntati

cano &" nuUo ftl. in. b.

titnlo.

The Judge whereof is termed Judex Curia Tix-'eveUens, cum ad medium Presbyterii venijfet, verfus rogativx Cantuarienfis, the Judge of the Prerogative altare fie vertens, retro ad terrttm cecidit capite Court of Canterbury. The Archbifhop of Tori, hath verfius introitum Presbyterii, &> pedibus ad altare alfo the like Court, which is termed His Exche- porreBis. Girald. Cambrenf. apud Whartoni Angh quer, but far inferior to this in Power and Profit. Sacr. P. 2. pag. 428. Presbyterium \% that Part of the Church where Divine Offices are performed. 4/*/?. fol. 335.
4>>;tToyanue of fhe ^ifTiorJ nf
iBcwfe,

C antcruitrp,

Prerogativa Archiepifopi Cantuarienfis five EIs an boracenfis, cfpecial Pre-eminence that thefe Sees have in certain Cafes above ordinary Bifhops within their Province, of which whoever
defires

or Virgini Maris, orientate altaris Presbyterium dedicans. Monafticon, 1 Tom. pag. 243. Continebat hie murus monachorum chorum, Presbyterium altare, mag-

num. Gerva Dorob. Dorobern.

De Combuftione

Ecclefix

to receive more full Information, may 32>2efcripf/on, Prefiriptio, Is a Title, taking its read the Book intituled De Antiquitate Britannic* Subftancc of Ufc, and Time allowed by the Law, nominalim de Prhilegiis Ecclefix Cantua- which is beyond the Memory of Man. Kitchin, Ecrlefie, and efpecially in the eighth Chap- fol. 104. faith thus, Prefcription is, when for Contirienjis hifioria, nuance of Time, ultra memoriam homims t a partiter of that Book, pag. 25. fiJUTOyflflUC Of tl)E IKitig, Prerogativa Regis, cular Perfon hath particular Right againll anDerived from pre, ante, and rogare, to ask, or de- other particular Perfon; with whom agrees Co. mand is that fpecial Power, Pre-eminence, or lib. 4. fol. 32. and Co. on Lit. fel. 140. But as in Privilege, which the King hath over and above the Civil Law, fo likewife in the Common : Preother Pcrfons, and above the ordinary Courfe of fcription may be in a fliorter Time, at leaft in the Common Law, in the Right of his Crown. fome fpecial Cafes As for Example, Where the

&

That all Aflions poetiam mortem promeritam. Leg. Edw. Conf. cap. 18. pular muft be fued within Three Years after the And the Civilians ufe this Word Pr regative in the Offence committed : And the Stat. 7 H. 8. 3. That fame Senfc Among the Feudifis it is termed, Jus Four Years being paft after the Offence commitRegalium, Jus Regaliorum ; vel a nonnullis Jus Re- ted in one Caie, and one Year in another, no And the Stat. $1 Elizgaliarum. And as the Feudifts, Sub Jure Rega- Suit can be commenced.
Potefi

Rex

ei,

lege fit*, dignitatis condonare, fi velit,

Statute

H.

8.

cap . 9. faith,

lium; fo our Lawyers, Sub Prerogativa Regis, do cap. 5. faith, That all Actions, &>c. brought upon comprife all that abfolute Height of Power that Statute, the Penalty whereof belongs to the the Chilians call Majefiatem, vel Poteflatem, vel King, fhall be brought within Two Years after Which Regalia the Offence committed, or elfe be void. And the Imperii, fubject only to God. mi- Stat. 39 Eliz- cap. 1. 2. faith, That Actions brought the Feudifis divide into Two Sorts, AJajora nora Regalia : For to ufc their own Words, Qua- after Two Years by any common Perfon, or afdarn Regalia dignitatem, prjerogativam &* Imperii ter Three Years by the King alone, for Decay of am fpeB ant; quedam vera ad utilitatem Husbandry, fhall be of no Force: Whofocver ofpre- eminent,

Jus

&

commodum pecuniarium immediate attinent, &* hec fendeth againft any fuch Statute, and efcapes unad jus fifci pertinent. Peregr. queftion'd for Two Years, or Three, of the Two propric fifcaVia funt, de Jure Fifci, lib. 1. cap. i.num. 9. See alfo Ar- later of the Three forementioned Statutes, may noldus Chapmarius, De Arcanis Imperii, 1. 1. c. 11. juftly be did to have prefiribed againft that Action. By which it appears, That the Statute of the The like may be faid of the Statute maste 23 ElKing's Prerogative, made 17 E. 2. contains not the cap. 1. which faith, That all Offences comprifed Kin 6 s whole Prerogative, but only fo much there- in that Statute, made in the Thirteenth Year of of as concerns the Profit of his Coffers, growing Eliz- cap. 2. are inquirable before both Jufiices of by Virtue of his Regal Power and Crown ; for Peace and AJJize within a Year and a Day after it is more than manifeft, That his Alfo the Title that a Prerogative ex- the Offence committed tends much further, yea even in the Matters of Man attaineth by the Pafling of Five Years, after his Profit, which that Statute efpecially confifteth a Fine acknowledged of any Lands or Teneof: For the King hath many Rights of Majelty ments, may juftly be faid to be obtained by Prepeculiar to himfelf, which the Learned in the fcription : And whereas the Statute made 8 R. 2. Lav.' term Sacra fiacrorum, that is, Sacred, and in- cap. 4. faith, That a Judge, or Clerk, convicted dividua, infeparable, becaufe they cannot be fe- for falfc Entring of Pleas, may be fined within And if you Two Years; the Two Years being paft, he preficrivered, which arc many and various would fatisfy your felf therein, read Staundf. beth againft the Punilhmcnt of the faid Statute: Prtrog. the Stat. Prerogativa Regis, 1 7 E. 2. Plow- And whereas the Statute 11 H. 7. fays, That he den in the Cafe of Mines, F N. B. f. 31. 31 H. 8. which will complain of Maintenance or EmThe learned Sptlman bracery, whereby Perjury is committed by a Jury, cap. 13. Co. lib. 10. tit. x. muft do it within Six Days, thofe Six Days ended, calls it "Lex Regie dignitatis. divers other Statutes ^Jfjsbpiter, A Prieft. lfidore, lib. 7. orig. c. 12. the Parties preficribe ; and tells us, That have the like Limitation of Time, whence may Presbyter, grere, latine Senior interpretatur, non pro etate, vel decrepita fieneBute, fed arife a like Prefcription. See ABion perpetual and
fip

&

'

propter honorem tcri nominantttr

& dignitatem quam

;

acceperunt,

Presby-

unde &> apud Veteres iidem Epifiopi

aBionem exiludat. Reform. Leg. Ecclef. pag. 246. Presbytery; i. e. The Quire See 2 Infi. fol. 653. Staundf. Prarog. cap. 8. and Co. or Chancel fo called, becaufe it was the Place 7 Rep. Basiervile's Cafe. appropriated to the Bifhop and Priefts, and other fS^ffenfation, Prtfientatio, Is nfed properly for Clergy, while the Laity were confined to the the AS of a Patron, offering his Clerk to the BiCrux fie fiubito Nave, or Body of the Church.lOaesbpteritun,

&P Presbyteri fuerunt. Qtegbpiernni* Juts'Vnm totrua Unglia; Was a Temporal Office in H- 3. Time, being the Cuor Controllermip of the Exchejlos Rotuhrum, quer, for the Jews. Scaccarii Judaifmi nofirl. Claufi 27 H. 3. pars 13. M. 3.

See Lam. Eiren. lib. 4. cap. 5 pag. 469. Cromp. Jufi. of Peace, fol. 173. Of this Prefcription, and the Learning touching the fame, fee Co. Rep. 4. Lutterell's Cafe, fol. 84. Prefiriptio efi jus quoddam,
temporal.

ex tempore congruens,

poenam
nens

negligentibus ir.ferens,

vim capiens, f.nem litibus impoQuadragenalis prxferiptio cmnem prorfiis

authoritate legum

The

P
ftiop, to

R
and

PR
fojfb.irirarf, Prevaricate, Is when a Man falfly deceitfully feems to undenake a Thing, ea intentione, that he may deftroy it, Dieitur

the

his Gift ; fee in Rtg. Orig. fol. 322. And jS>2ffrnf(C Is the Clork that is fo prcfcntcd by the Patron. In the Stut. 13 R. 2. cap. 1. Mention is made of the King's Prefentee, that is, He whom the King pre/enti to a Church.

be inftitutcd in a Benefice of

Form whereof

prevari-

cator, quafi varieator, a

varia

certatione, quia

ad-

vtrfam partem adjuvat prodita fua propria eaufa, dun hkic inflat corpore ex una parte c> illi mente Of corde
ex altera part*. Vocabul. utriufquc Juris, verbo Prstvaricatorcs.

given

fo called, becaufe they arc $>ifftiiria, Prefents, And they differ from Munera; for
prsfenti-

thole arc Gifts font to the Perfon. Mat. Parif. Anno 1 1 70. Cut cum Abbas St. Albani in efculentis &
poculentis
nobile
mififfet

zenium, regratians Epifcopus

dixit, Accipio ejns prefcntias.

Jurors themfclvcs, flirt, ConflabU, Searcher,

in the River Severn for Lam prays; Prid, for BreIn a legal Senfe denotes the vity, being the laft Syllabic of Lamprid (as they King's Lieutenant in a Province, or Fun&ion ; as were anticntly called) and Gavel, a Rent, or the Prefident of Wales, York, Berwi k, or of thi Tribute. Taylor % Hiftory of Gavelkind, cap. 9. //. King's Council. 12 H. 8. cap. 8. and 24 H. 8. 3, 14, 112, 113. of the Weavers of Kidderminfttr Stuffs, f2>'iCMe Is fometimes joined to an Accufatire, Prefident and fometimes to a Genitive Cafe, Pridit Caltn22 23 Car. 2. cap. 1. ^>XtSX Is ufed for a Duty in Money, to be paid das, and Pridie Calendarum, is the Day bef >rc tho by the Sheriff, upon his Account in the Ex.hequer, Calends, that is, The laft Day of every Month. or for Money left, or remaining in his Hands, 0.'|in*Uf Is a Duty due to the Mariners and 2 Sailors, for the Loading of any Ship at the fet3 EJ. 6. cap. 4. $jeftarton--5a0Jiin> (Prsftatio, A paving or Per- ting forth from any Haven, Anno 32 H. 8. rap. 14. forming ) Is a Sum of Money paid by Arch- which, in fome Places, is a Penny in the Pound ; deacons yearly to their Bifhop pro exteriore jurif- in others Six Pence for every Pack, or Bale, or Et fiat quitti a praeftatione Muragii, othcrwife, according to the Cuftoni of thePlace. diBione
4. pag.

a nicer Denunciation of the or fome other Officer, as Ju* Surveyor, &C. (without any Information ) of an Offence inquirable in the certain Tenants, in Duty and Acknowledgment Court whereunto it is prcfentcd. Lamb. Eiren. lib. to him, for their Liberty and Privilege of fifhina;

^efcntmmt

Is

Sec Value. Molendinarh fepum pants BJlEaD de conventu, &> feptem pants de ^>f\t\ttti B;t'aO. Monaft. Angl. 1 par. fol. 498. ^iOe'flMel, In the Lordfhip of Rodtley, in the County of Gloucefler, is ufed and paid unto this Day, as a Rent to the Lord of the Manor by
|&2!te.
5>,2iCheD

467.

fj.'efiDftlf, Prtfts,

&

&

Cart. H.

7.

Burgenf. Mount-Gomcr.
11

Prtftatio

was

^JimitmtlF, The
but fometimes
:

firft

of any Degroe of

Men;

alfo anticntly
lip's

Book on

for Purveyance. Sec Mr. Phi* that Subjeft, pag. 222. And fee Spifed

ritualities.

Is fo called of the French Word that is, promptus, expeditus, for that it binds thofc that receive it, to be ready at all Times

y*itQ*$LonTV

Preft,

and z E. 6. 2. p.vUinu'tlOii, Pr/ifumptio. Is of Three Sorts ; 1. Violent, Which is many times a full Proof; as if one be killed in a Houfe, and a Man is ken to come out of the Houfe with a bloody Sword, and no other Perfon was at that Time in the Houfe this, tlio' but Prefumption, is as a Proof. i. Probable, Which hath but a fmall EffccL 5 Levis, feu temeraria, Which is of no Prevalence at all So in Cafe of a Charter or Feoffment, if all the Witneffes to the Deed be dead the violent a Proof, is continual Prefumption, which (lands for
71

appointed, being 18 H. 6. 19. 7 H.

meant commonly of
3

Soldiers.

H.

8.

j.

Poffcffion, that is, The intire Profits for a Year of all the Lands and Tenements, whereof his Tenant ( that held of him in Oapite ) died feiftd In his Dcmefne as of Hce, his Heir then being a; full Age, until he do his Homage, or if undqr Age, until he were of Age. Staundf. Prareg. rap. 3. and RraBon, lib. 4, trait. 3. cap. 1. But all the

the Nobility. Primirtriet tot !ft Anglic were the Nobility of England. Mn. 1 Tom. pag. 838. fJiimiPr fnffn, Prima Jeiflna. The firft Poffef fion, or Seifin was heretofore ufed as a Branch of the King's Prerogative, whereby be had the firfl
it fignifies

quiet Poffcffion. Co. on Lit. Prafumptio fiat ;n dubio, it is accounted Veritatis Comes, quatenus in contrarium nuUa efl probatio, ut regula Je habet, Jlabitur prast.

aftd

Charges arifing by Primier feifins are taken away Car. 2. rap. 24. by the Statute made f5?imitli, Firft Fruits, Arc properly the firft of our Incrcafe offered to God but in our Law, aro the Profits after Avoidance of every fpiritual See 16 H. 8. rap 3. 32 N. Living for one Year. lib. 1. cap. l.fed. 8. cap, 45. 1 Man Seff. 2. cap. 10. and 1 Etit. cap. 4. doubted of, yet Sec Firft Fruits.

begin. Mnniftoentiam tentra $b}Mn!f|arf., i. primitiavit state. Petrus Blefenfis, Epift. 20. 3&M(Tina, i. e. A Ship. Ibi cenftrunnt claffrm, iumpcio donee probetur in contrarium. Prefumption was antiently taken for Intrufion rimna dant ventis, volant roftra ad Anglicas Partes. Ajfultus, )u Cango. Roberia, Sterbrech, prxfumptio terr* vel pecunie Ree.

To

gis,

Thefaurus inventus, &c.

bis

Leg. Hen.

1.

cap. ir.

plimo
Elder

De

qua funt

de jure Regit.

^imogrniturf ,
fon of which, Co.

in King Alfred / Time, Knights Fees defcended to tht Eldcft Son ; for that by tht Divifion of fucb Fees between Males, the Defence of the Realm might it weakned. And Judge Dodderidge in his Treatifc of Canons, Kb. 19. c. 6. Omne corpus fepultum habet Nobility faith, pag. 119. It was antiently ordained, Irijh unto the cldeft. in jure fuo vacram, fiP equum, &" veflimentum, Sf or- That all Knights Fees mould come namentum leffi fiii, nee quidquam horum redditur in a- Son by Succcffion of Heritage, whereby he fucwhole Inheritance, lia debita, quia corpori ejus tanquam vernacula debentur. ceeding his Anccftors in the See Heriot, and Sedatium, and Mortuary. mieht be the better enabled to maintain thq

^Jftftjfeu KtStir, or tfirlf, Jus pratenfum, Is where one is in Poffcffion of Lands or Tenements, and another who is out, claims it, and fucs for it: Here the pretenfed Right and Title is faid to be in him who doth fo claim and fuc. picrium frnuld)?i Arc thofc Goods which accrue to the Church in which a Corps is buried. In the

JSftufifio. See BtntfcU. Primogenitxra, The Title of an Brother in Right of his Birth The Rea:

upon

Lit. fays,
;

is,

Quia

prior efl

tempore, potior eft jure

affirming moreover, That

Wars

PR
Wars
againft the
in

PR
;

And that the Soccage ftiould be partible among his Conquefts in France, thought no good Mem the Male Children, to enable them to increafe bers for this Land, and therefore fupprened into many Families, for the better Furtherance whofe Livings afterwards were by King Henry the
and Increafe of Husbandry.
^>;mcf,
Princeps, Is

King's Enemies, or his Lords \ldnd, which were by King Henry the Fifth, after

fometimcs at large taken

Sixth given to other Monafterics Learning. Stow's Annals, pag. 582.

and Houfes of and 1 H. 5. c. 7

King himfelf, but more properly for the but efpccially to the Erecting of thofe Two faEideft Son, who is Prince of Wales, as mous Colleges, called the one King's College in King's the Eideft Son to the French King is called Dau- Cambridge, the other Eaton. 2 par. Infi. fol. 584. born Princes. Feme's Glory of G> i'^lfafle Is that Cuftom or Share that belongs phine, both being Before Edward the Second, who to the King, out of fuch Merchandise as arc taken I 58. nerofity, pag. was born at Carnarvon, and the firfi Englifh Prince at Sea by way of lawful Priv. Anno 3 1 El. cap. 5 Eideft Son was ftiled Lord Frifagium efi jus prifas capiendi, vol ipfe alius. of Wales, the King's 8. Is $ Prince. Staundf. Praerog. cap. 22. fol. 7 5. Sec 27 H^.ilfage of mein. Anno 1 cap. 5. 8. c. 26. and 28 H. 8. 5. And Stoiv's Annals, p. 103. Word almoft out of Ufe, being now called ButBut Prince was a Name of Dignity long before lerage ( becaufe the King's chief Butler receives that Time in England; for in a Charter of King it). It is a Cuftom whereby the Prince challengeth had fubferibed their Names, out of every Bark laden with Wine, containing Ojfa, after the Bifhops we read, Brordanus patritius, Einnanus Princeps; lefs than Forty Tun, Two Tun of Wine ; the one and afterwards the Dukes fubferibed their Names. before, the other behind the Maft, at his own And in a Charter of King Edgar, in Mon. Angl. Price, which is Twenty Shillings a Tun; yetj ah Epi- this varies according to the Cuftom of the Place Tom. 3. 302. Ego Edgarus Rex rogatus
for the

pag.

:'

fcopo

meo
in

Deoriuolfe,

And
Dux

Mat.

Pari/,

6 Principe meo Aldredo, &c. pag. 155. Ego Halden Princeps

& ego Regis pro viribus affenfum prdbeo,

concedo.

every Bark laden with Ten Tuns of Wine, or above , pays Prifage. See Butlerage, TurketiUus and Calthrop'% Reports, f. 20. and 4 par. Infi. f. 30.
Bofion,

For at

A Heirloom ; which ftynctpaf, Princ'tpalium, It was alfo fometimes ufed for a Mortuary, lee. Item lego equum mettm xocatum or Corfe-prefen*
ojferatur corpus Bay-Gelding, nomine Principalis Ult. volun. ffohanfepulturs. met, In Urcbenfield, in the nis Marclefield. 9 Hen. J. the beft County of Hereford, certain Principals, as Beaft, the beft Bed, beft Table, v. pafs to the
le

Memorandum,

ut

ante

mtum

in die

Quod, Rex habet ex antiqua confuetudine de qualibet Nave mercatoris vini 6. carcat, applican. infra aliquem portum Angli/e, de vide ginti doliis, duo dolia, Qp de decern dolus

mum

prifa Regis pro

folvend.

quodam certo ab antiquo P. Rec. ao. R. z.

confiitut.

lignifics in

$jife Prifa, From the French Prendre, capere, our Statutes the Things taken of the

pojl

Eideft Child, and are not liable to Partition. H&redes tenementorum infra Hundredam de Stretford mortem antecefforum fuqrum habebunt Principa-

King's Subjefts by Purveyors, Anno 13E.

and 28 1. flat. 3. cap. 2. due to the King, ay E. 1.

1. cap. 7.

It fignifies alfo

a Cufiom
f. 1 1 7.

cap. 5. Reg. Orig.

lium Angl an Heir-loom, videl. de quolibet genere cataUorum, utevfilium, &c. optimum plaufirum, optimam camicam, optimum cyphum, &c. Bndall Speculum Juris Anglicani, p. 90. where it is falfly wrote
Alfo the chief PerPrincipabium, for Frinc'tpaBum. fon in fome of the Inns of Chancery is calledPrwwHoufe. See Ancient. pal of the Rich. i. c. 9. |5?incipalitp of Cljefler, Sec County Palatine, and Cnmptons Divers jfurifdi-

In foraneis paginis antiquis ( fays the learned Spelman) prifae plerumque inteliiguntur de annona reique

frumentarU

captionibus, aliis

etiam

tiecejfariis,

da, infiruendaque cafirorum prafidia, necnon

& regiam

oh alen-

defponfaver.it, clamat habere has fubferiptas, viz. Cafiellum fuum de RiUbi claufulam, finge cum prifis 40 dierum, Q'c. Sions, fol. 137. who was firft in Dignity next to cum prifis 40 dierum, intelligo de libertate capiendi 32>;inz Was he Servata in omnibus reverentia Abbati, viSualia qua vocant ad fufientationem prtfidiarii ml the Abbot. Prior qui fiP pr&pofltus in regula nominatur, bonora- litis cafiri fui, ita quod pretium reddat infra 40 dies. biUor eft reliquis minifiris domus Dei, ipfe folus catero- See 1 2 Car. 2. cap. 24. Prifoner taken in War. Hoveden, rum minifirorum primum fua partis locum habet in ?>,ZifO, i. e. in Qfc. pag. 541. Prifbnes vera qui cum Domino Rege choro, in
libertates

Anmzx

familtam minor's quam jufio pretio agricolis arreptis, In Rcfcripto quodam, Anno 3 E. 1. Norfifl*. &>c. Rogerus de Monte alto qui firorem &> hsredem
Hugonis de Albeney, &c.

finem Antiquity of fecerunt ante faSam pacem. Is a Place of Reftraint for the fo antient ; not ;tfon, Prifona, as To hold by Priority, is to hold of a Lord more fafe Cuftody of a Perlbn to anfwer any A&ion And here we are to note, antiently than of another. Old Nat. Brev. fol. 94. perfonal or criminal That this falva cufiodia muft only be r.on So, To hold by Pofieriority, is ufed in Staundf. Pr/erog. cufiodia, 2. fol. 11. And Crompton in his Jurifd. fol. 117. poena ; for career ad homines cufiodiendos, non ad punicap. ufeth this Word in the fame Signification. The endos dart debet. Co. on Lib lib. 3. cap. 7. feft. 438. ^2>2lfOner, Prifonarius, captivus, From the French Lord of the Priority fhall have the Cuftody of the
refeHorio, capitulo, an f!>2l0ltp, Prioritas, Signifies Tenure, in Companion of another
:

Body,&V. And
Priority

fol.

120.

If the

Tenant hold by
Barto-

Prifonnier

fignifies a

Man
a

of one, and by

Pofieriority

of another, &c. ty upon any AHon

civil

To
r

which EfteS

fee alfo F.

N.

B.fol. 142.

Commandment

And

Man may

reftraincd of his Liberor criminal, or upon

be a

Prifoner

upon Matter of Record, or Matter of Fall. Prifoner upon Matter of Record is he, which being W in Court, is by the Court committed onfirefent Arreft, be it by the Sheriff, Conftable, y upon or other. Staundf. pi. cor. lib. 1. c. 32. /. 54 Sp 35 filiation, Privatio, A Bereaving, or Taking 0/ 57. John's of" Jerufalem, who vims primus Ban An26 H. 28. cap. 2c away, moft commonly applied to a Bifhopor Reglit. ^102.6 aliens, Prions aliens, Were Religious lor of a Church, when by Death, or other Aft Men born in France, and Governors of Religious they are deprived of their Bifhoprick, or BeneSee Co. on Lit. f. 329. Houfetf, ere&ed for outlandifh Men here in Eng-I fice. 432iba
lus in

&> armis, ufeth thefe ords, Prioritas &> pofierioritas, concerning Two that bear one Coat-Armor. Qnoi perpetual, or sfibe ano remobeabte, Anno 9 Rich. 2. cap. 4. and 1 E. 4. cap. I Lord Prior
infigniis
.

hisTraftate De

P
ideo

R
exi-

P R
;

' VtordPrivy. Sec Perkins 831, 831,833, and Co. I. 3. Walker's Cafe, and lib. 4. fol. 13. //. 125, 124. mentions Four Kinds of Privies, viz. Privies in Blood, : fttrem as the Heir to his Father Privies in Reprefentation, as Executors, or Adminiftrators to the Dcccalcd; Qui ninth eft privatus, eum vitare neceffe eft. Is defined by Cicero in Privies in Eftate, as he in the Rcvcrfion, and 5>2il)i!PgP, Privilegium, his Oration pro domo fna, to be lex privata homim he in the Remainder, when Land is given to one It is, fays another, Jus Jinrnlare, where- for Life, to another in Fee, for that their Eftate* irrogata. a privarc Man, or a particular Corporation is are created both at one Time The fourth it by Law. Privy in Tenure, as the Lord by Efchcat, that is, exempted from the Rigour of the Common a When the Land efcheateth to the Lord for Want It is ibmctimes ufed in the Common Law for Place that hath any fpecial Immunity. Kitcbin, of Heirs. Sec Co. on Lit. lib. cap. 8. feff. Hfi. A or real li 8. pjllnrn Was the Name of the Seal of King Privilege is either pcrfonal, fol. to any Arthur, on which the Privilege is that which is granted Virgin Mary was painted. perfcn.il Pcrfon cither againft, or beyond the Courfe of the 'Tis mentioned in Geoffry of Monmouth, I. 7. c. 1. Common Law : As for Example, A Member of $:ouatf, in Leg. Canuti, cap. 44. apud Brompton Parliament may not be arretted, nor any of his fignifics To claim a Thing as his own. Et nemo illud probare debeat ante/ex menfes Servants, during the Sitting of the Parliament poftauam furatum nor for a certain Time before and after. A Pri eft. real is that which is granted to a Place, as to ^-nbflfC Of arrthimnif?, Probatio Te/lamentorum, vilege the Vniverftties, that none of cither may be called Is the Exhibiting and Proving Wills and Teflato upon any Contract made with- ments before the Ecclcfiaftical judge, delegated
or Familiar. $2iUfltU0 Signifies a Friend, ad hoc vent ut inter eos Privatus mediator
1

in their

profecuted in other Courts And one belonging to the Court of Chancannot be fucd in any other Court, certain cery and if he be, he may remove it Cafes excepted Writ of Privilege, grounded upon the Statute by Sec the New Rook of Entries, verbo PrilS E. 5:

by the Bilhop, who is Ordinary of the Place where the Party dies. And the Ordinary is known by the Quantity of the Goods that the Deccafcd had out of the Dioccfe wherein he de; parted ; for if all his Goods be in the fame Dioccfe, then the Bilhop of the Diocefe, or the Archvilege. Privilegium eft jus fingulare, hoc eft, priva- deacon ( according as their Compofirion or Prcta lex, qi<* uni homini, vel lo o, vel Collegio, fi- fcription leads ) hath the Probate of the Teftamcnt : But if the Goods be difperft in clivers Diocefcs, milibus aliis conceditur. Tis an anticnt Privilege for Men to be ex lb that there be any Sum of Note (as Five Pounds emptcd from Arrcfts in or near the King's Palace ordinarily ) out of the Diocefe where the Party where he is rcfidert becaufc in fuch Cafes Quar lived ; then is the Archbimop of Canterbury ( or rels often happen, and the Peace ought to be York ) the Ordinary, by his Prerogative. See Pre-

Weftminfter-Hall, own Precincts, or

&

debet ejfe kept there. In Leg. H. I. cap. 16. Longe a cfuatuor parpax Regis a porta fua ubi reftdens erit, tibus illius hi, hoc eft, quatuor niilliaria, &P tres quarantont, Sp novem a.rs. latitudine, & novem pedes, novem palm*. CP novem grana hordei , multits enim refpetlus effe debet, ac multa diligentia, ne c/uis

rogative

made

in

This Probate of the jirtbbifbop. Sorts, in common Form, or

Two

may be
per
teftes

&

pacem Regis infringat, maxime in ejus vicinia. ^tbit)', Privitas, Private Familiarity, FricndLord and Tefhip, inward Relation If there be nant, and the Tenant holds of the Lord by certain Services, there is a Privity between them in rcfpeS of the Tenure. Sec Privy. fin'op^ta',, Privatum ppillum, Is a Seal that the King ufeth to fuch Grants, or other Things, as pals the Great Seal : Firft they pafs the Privy then the Privy Seal; and laftly, the Great Signet The Privy Seal is fometimes ufed Seal of England. in Things of lcfsConfequcncc, that never pafs the No Writs (hall pafs under the Privy Great Seal. Seal which touch the Common Law. zlnft. f. 555. $2ib)\ Derived of the French prive, i. familians, Signifies him that is Partaker, or hath an Intcrcft in any Action, or Thing ; as Privies of Blood, Old Nat. Brev.fol. 117. be thofc that are linked in Confanguinity every Heir in Tail is priiy to recover the Land in tailed. Id. fol. 147. No Privity was between me and the Tenant. Littleton, fol. If I deliver Goods to a Man, to be carried 106to fuch a Place, and he, after he hath brought them thither, doth fteal them, 'tis Felony becaufc the Privity of Delivery is determined, as foon as they are brought thither. Staunif.pl. cor. li.
:

The Proof in common Form is only by the Oath of the Executor, or Party exhibiting the Will, who fwcareth upon his Belief, That the Will exhibited by him, is the laft Will and Teftament of the Deceafed. The Proof per teftes is, when over and befides his own Oath he alio produces WitncfTcs, or makes other Proof to confirm the fame, and that in the Prefence of fuch as may pretend any Intercft in the Goods of the Deceafed, or at lcaft in their Abfence, after they have been lawfully fummoned to fee fuch a Will proved, if they think good. And the later Courlc is taken molt commonly, when there is Fear of Strife, or Difpute about the Dcccafed's Goods. For fome hold that a Will proved in common Form only, may be called in Qucftion any Time within Thirty Years And where a Will difpofes of Lands and after. Tenements of Freehold, it is now frequently
in Chancery. proved by Witnejfes f-kjouato;, An Accufcr, or Approver, or who undertakes to prove a Crime charg'd

another.

The Word was ftrittly meant of an Accomplice in Felony, who to fave himfclf confefs'd the Fact, and accus'd any other Principal or Acceflbry, againft whom he was bound to make good the Charge by Duel, or Trial by the Country, and then was pardoned Life and Members,

one upon

but yet to furfer Tranfportation. Cum Probator perfecerit quod promifit, tenetur ei conventio, ut vitam habeat ci5 membra. SeJ in regno fcilicet BraI. c. 1 5- / 15- Merchants-privy be oppofitc to Mer- remanere r.on debet, etiamfi velit tlegios invenire. 2E. 3. 9 14. The Author of the ct on. Vid. Flcta, lib. 2. cap. 52. . 42. 44. chavts-ftrar.gers, New Terms cf the L<hw makcth divers Sorts of Pri ^OceDCWO Is a Writ whereby a Plea or Caufc, to the vies,v'n.. Privies in Ejlate, Privies in Deed, Privies in formerly called from a bafe Court Chancery, Privies in Right, and Privies in Blood ; where King's Bench, or Common Pleas, by Writ of Privilege Law, you may read Examples of each of them in the lor Certiorari, is rcleafcd or fent down again to the fame z
;

&

PR
fame Court,
;

PR

to be proceeded in there,, after it apProclamation Of licbcllion Is a publick Noof tice given by the Officer, that a Man not appearpeareth that the Defendant hath no Caufe that the Matter comprifed in the ing upon a Subpoena, nor an Attachment in the Privilege, or Bro. hoc Titulo, and Co. Chancery, mall be reputed a Rebel, unlefs he Bill be not well proved. render himfelf by a Day afligned in this Writ. In 21 Rich. z. cap. n. in fine Vol. 6. fol. 63. Letters of Procedendo granted by the Keeper of Cromp. Jur. fol. 92. See Commtffion of Rebellion. Sec in what divers Manners it is the Privy Seal. Proclamation cf a fine Is a Notice openly ufed in the Table of the Original and Judicial and folcmnly given at all the AJpfes held in the County, within one Year after the cngrofiing it. Writs, Anno 21 fac. cap. 23. And thefe Proclamations are made upon Tranfcripts $}0tt{8, Procerus, From procedendo ah initio ad finem, is the Manner of proceeding in of the Fine, fent by the Juftices of the Common uff, the Juftices of AJpfe, and the Juftices of every Caufe, being the Writs and Precepts that Pleas to go forth upon the Original upon every A&ion, Peace. Weft. Symb. 2 par. Tit. Fines, feci. 132. where alfo you may fee the Form of the Proclamabeing either Original or Judicial. Britton, fol.

wherein there is great Diverfity, as you mation, Proclamare eft valde palam clamare. Table of F. N. B. vcrbo Proceffe, F. N. B. fol. 85. fays, That the King's Proclamamay and Broke hoc Tit. Sometimes that only is called tion is fufficient to ftay a Subject from going out The Proce/s, by which a Man is called inro the of the Realm. Sec the Strength of ProclamaCourt, becaufc it is the Beginning or the princi- tions. Anno 31 H. 8. cap. 8. See alfo Proclamations which the Reft of the Bufi- in divers Cafes. New Book of Entries, vcrbo Propal Part thereof, by nefs is dire&ed, according to that Saying of Ari- clamations. Divers Kinds of h dpyti SfUtV Tti tia.vi&. Pro COtlfrQo Is, when upon a Bill exhibited fiotle, fee in Cromp. fufi. of in Chancery, the Defendant appears, and is in Procefs upon Indictments, for not anfwering, and is in Cuftody Peace, f. 133, 134, 135. and Lamb, in his Tractate Contempt of Proejfes, adjoining to his Eirenarcha. Special upon a Habeas Corpus, (which is granted by Order) Pro efs is that which is efpccially appointed for to bring him to the Bar, the Court afligns him a the Offence by Statute, for which he refers his Day to anfwer, which being expired, and no AnReader to the Eighth Chapter of his Fourth fwer put in, a fecond Habeas Corpus is granted, Book. The Difference between Procefs and Pre- and a further Day afligned ; by which Day, if or Warrant of the Juftices, is this, The Pre- he anfwers not, the Bill, upon the Plaintiff's Mocept, or Warrant is only to attach and convent the tion, fliall be taken pro confejfo, unlcfs Caufe be cept Party before any Indictment or Conviction, and (hewed by a Day, which the Court ufaally gives; may be made either in the Name of the King and for Want of fuch Caufe fliewed, upon Moor the Juftice. But the Procefs is always in the tion, the Subftance of the Plaintiff's Bill lhall be as if it had been confeffed by the DefenKing's Name, and ufnally after an Indictment. Decreed, As it was in the Cafe of Filmore dant's Anfwer. Co. 8 Rep. Blackmore's Cafe. piOCfffiOn, In Cathedral and Conventual and Denny, Hill. 1662. Or after a Fourth ineffiChurches, the Members had their dated Pro ef- cient Anfwer to the Bill, the Matter of the Bill wherein tlicy walkeaTvvo and Two, in their not fufficienrly anfwered unto, mail be taken pro fions, moft ornamental Habits, with Hymns, Mufick, confejfo. and other fuitable Expreflions of Solemnity and ProctO^ Procurator, Is he who undertakes to Rcfpcct to the Occafion. In every Parifh there manage another Man's Caufe in any Court of the
13S.
fee in the
;

&

was a cuftomary Proceffion of the Parifh-Pricft, Civil Law or Ecclcfiaftical, for his Fee. Qui ali the Patron of the Church, with the chief Flag, ena negotia gerenda fufcipit. or holy Banner, and the other Parifhioncrs in proronfulea Were thofe who were called Juftices in Eyre, or in England. jFuJliciarii Errantes, Afenfion Week, to take a Circuit round the Limits of the Manor, and pray for a Blefling on the Illuftris comes Legecejlri* Robertus modefie ProconfuFruits of the Earth. To this we owe our prefent latum gerens ap:<d Britannias. Joh. Sariburienfis, Cnftom of Perambulation, which is (till in molt lib. 5. Policrat. cap. 15.
Places called Procejficning, and going in ProceJJion, P?0(tora Of the Clerflr, Procumtores Cleri, Are thofe who are chofen and appointed to appear for though wc have loft the Order, and almoft the Devotion, as well as the Pomp and Superftition the Cathedral, or other Collegiate Churches ; as alfo for the Common Clergy of every Diocefe at of it. p20tfQfum ronfinuartCO Is a Writ for the the Parliament, to fit in the Lower Houfe of Continuance of a Procefs, after the Death of the Convocation ; and this is the Manner of their EChief Juftice, or other Juftices in the Writ of lection. Firft, The King dire&eth his Writ to the Archbiftiop of each Province, for the Sumfol. 28. Oyer and Terminer. Rcgift. Orig. moning of all Bifhops, Deans, Archdeacons, atTlf, (Proximus amicus, vel propinquior f*>;0liiein the next Friend) ; is ufcd in the Common Law Cathedral and Collegiate Churches, and genefor him that is next of Kin to a Child in his Non- rally of all the Clergy of his Province, aflignLaw to ing them the Time and Place in the faid Writ age, and is in that RcfpeQ: allowed by deal for him in the managing his Affairs, as to Then the Archbifhops proceed according to CnOne Example fhall ferve for both. The be his Guardian, if he hold any Land in Socage, ftom and in the Redrefs of any Wrong done to him. Archbifhop of Canterbury upon his Writ received, his Letters to the Bifliop of London, as Stat. cap. 48. and Wefim. 2. cap. 15. and directeth
1 , : :

is

per

Wejim.i. Profecution of any A&ion at Law per his Dean Provincial : Firft, citing himfelf peGuardianum, where the Plaintiff is an Infant ; &> remptorily, and then willing him to cite in like proximum amicum, where the Infant is Defen- Manner all the Bifliops, Deans, Archdeacons,
in the
dant.

See Co. 2 Infi. fol. 261. pzoclamntion, Proclamat'io, Is a Notice publickly given of any Thing, whereof the King thinks fit to advertife his Subjects, and fo it is ufed.
Rich. i. cap. 6.

Cathedral and Collegiate Churches, and generally all the Clergy of his Province to the Place, and againft the Day prefixed in the Writ ; but directeth withal, that one ProBor be fent for every Cathedral or Collegiate, and two for the

17

__i

Body
:

PR
inferior Clergy of each Dioccfe Virtue of thefe Letters authentically fcalcd, the Ctid Bilhop of London dircftcth his like Letters I'cvcrally to the Bifhop of every Dioccfe of the Province, citing them in like them not only to appear, Sort, and commanding but alio to admonilh the faid Deans and Archdeacons pcrfonally to appear, and the Cathedral or Collegiate Churches, as alio the common Clergy of the Dioccfe to fend their Proffors to and alfo willeth the Place at the Day appointed them, to certify to the Archbtfhop the Names of all and every fo warned by them, in a Schedule The annexed to their Letter certificatory. accordingly, and the Cathedral Bifhops proceed and Collegiate Churches, and alio the Clertry make Choice of their Proffers; which done, and certified to the Bifhop, he returncth all at the Day. Thefe Proffers of the Clergy had heretofore Place and Suffrage in the Commons Houfe of

PR
s

Body of the

is

And by

alfo ufed for htm that gathers rhe Fruifof a Benefice for another Man. Anno 3 Rich. 2. S:.:t. 1. cap. 3. and Procuracy for the Writing or InProcuftrument, whereby he is authorized. ratoret arc at this Day in the Welt Parts called
Proffers.

The p;ocurafo;f0 (pcclfC* #jrocbialier, Churchwardens, who were to aft as Proxies and Reprelcntatives of the Church, for the true Honour and Intcrcft of it. Johannes Peris fen. &P Johannes Bally Procuratorcs Ecclcfiae

parochialis dt Acle.

Paroch. Antiquit. pag.

Procuratory or Inftrument

561.

^OCUratOJtum, The
by which any
Pcrfon

or Community did conftitute or delegate their Proftor or Proftors, to reprcfent them in any judicial Court ox
Caufc.

cap-

Parliament, as appears by the Statute s.\ R. 2. ifiP ii- Sec Prolocutor and Convocation, and Ice Monaflerii.

The Advocate of ft ^jocurato,* TP.onafim'f, Religious, Houfe, who was to follicite the Intcrcft, and plead the Caufcs of the Society. See Provifor
&:OCUtO0.
See Malveis
Is

[njl.

fol.

4.
7

Procurers.

Jp^ocuracp, (Anno
Procurator.

R.

2.

Stat.

1.

cap. 3.)

Sec

J3;0Curfu

a quodam

clerico

&

the Genealogy of a Man.

perito originem

Cum

f procurfum Re-

certain Sums gis Ludovici qutreret. Mat. PariL Anno 1:30. pjocnrflfionfl (Procurations) Arc of Money which Parifh-Pricfts pay yearly to the f^OOeB tgomes ; This is a Title often given or Archdeacon, ratione Vifitationis. They in our old Books to the Barons or other MilitaBifhop were anciently paid in ncceffary Victuals for the ry Tenants, who were called to the King's CounVifitor and his Attendants ; but afterwards turn'd cil, and was no more than Difcrete &* Fideles HomiFor Procuratio, in a drained Senfe, nes, difcreet Ltcge-men, who, according to the into Money a Diet, and is thus defined by Valler.fit, to Beft of their Prudence and Knowledge, were to fignifies be Neceffariorum fumptuum exhibitio, qu* ratione Vifi- give their Counfel and Advice. tationis debetur ah Ecclefia vel Monafierio el cut ex I^OtmanuS Csnifi, A Lurcher, a SettingW. Ptimas Ebor. &c. dileffo Priori de Birfiall incumbit jus gP onus vifitandi, Jive is fit Epifco- Dog. officio Archidiaconus, five Decanus, five Legatus Salut. Rogamus dileBionem vejham, quatenus pus, five ummi Pontificis. Anno 1 290. Md. quod die Mer- fi placeat cum celeritate qua poteritis Nobis provide.it is curii in Feflo Sanffi Luca Evang. Dominus Epif- in partibus vefh's tranfmarinis de duobus canibus proin cibis fiP potibus driariis feu cucheris fiV vobis de pretio fideliter piecopus repit Procurationem /nam Giff. fol. 226. ne ibidem. refpondebimus 6? de eu/lu : Et hoc ficut Nos diligiapud Bordejley, & pernoffavit See an Hiftorical Difcourfc of Procurations tis nullatenus omittatis, ita quod dittos canes habeamus b. and Synodal], printed Anno 1661. Thefe are alfo citra Fejlum beati Michaelis omni mod*, Dat. Bcvcrl. called Proxies; as, Archidiaconatus Glouc. valet dare 10 Cat. Sept. 1280. Colleftan. Matth. Hutton. Proxis, Cenag. gP Pentecofial. per annum 64/. S. T. P. MS. 10 s. 00 d. Ex Record. Pnmitiar. 26 Hen. 8. fjL'rfr, alias }2>Jobe Is ufed for an Inqueft, AnSee Dyer, fol. 373. b. and Clauf. Rot. 31 Edvu. 1. no 28 Ed. 3. cap. 1 3. w. I 5. dtrfo. Sec Hofiitium and Convivium. ^JOfer, (Profrum vel proferum, From the French of the Proferer, i. produoere, edicere, allegare) Is the Time Complaints were often made to the Pope exceflive Charges of the Procurations, which were appointed for the Accounts of Sheriffs, and other fcvcral Councils and Bulls. That of Officers in the Exchequer, which is twice in the prohibited by Clement the Fourth, mentioned in the Monafiicon, Year. Anno 51 H. 3. Stat. 5. which may be ga2 Tom. pag. 16$. is very particular; wherein that thered alio out of the Regifler, fol. 139. In the Pope tells us, that Complaint had been made to Writ Be Atturnato Vtcecomitts pro profro faciendo. him that the Archdeacon of Richmond, vifi ting the We read alio of proffers, 32 H. 8. 21. in thefe Diocefc, travelled with One Hundred and three Words, Trinity-Term fnall begin the Monday next and after Horfcs, Twenty-one Dogs, and Three Hawks, Trinity-Sanday, ivhenfoever it fhall happen to did fo grievoufly opprcfs a Religious Houfe with fall, for the keeping of the Effoins, Proffers, Returns, that vaft Equipage, that he caufed the Monks and ether Ceremonies heretofore ufed and kept. In in an Hour as much as would which Place proffer fignifics the Offer or Endeato fpcud have maintained them a long Time. See Indem- vour to proceed in an Aftion by any Man concerned fo to do. See Britton, cap. 28. fol. 50, $5, nities. QiOtumtM, One, who has a Charge committed 80. and Fleta, lib. I. cap. 38. feff. Utlegat;, &c. to him by another. So the Proxies of Lords in Prtterea idem Henricus de Haftinggis, antectffoParliament arc in our Law Books called Procurafui folebant capere &P de jure habere rationabiles Ir fignifics alfo a Vicar or Lieutenant; one expenfas fra; verfus Scaccarium fingulis annis, pro du tors. uno compoto reddendo per an who acts inftead of another. In Petrus Blefenfis, obus Profris faciendis we read of a Procurator Regni. So Procu- mm, V. Efcact. Anno 50 Ed. 1. n. 19. Sec Ep. 47. There are Riley's Pla. Pari. fol. 2QI. de Anno 22 Ed. I. rator rtitiublica is apublick Magiftratc. Sec Halt-mark. alfo Procurators Cleri fent to the Convocation ..'ofer tde hallmark. and the Bilhops fomctimes arc called Procurators iX'Offrf in (Curia Is, in Cafe where the PlainAnd from this Word comes the tiff declares upon a Deed, or the Defendant Ecclefiarum. common Word Proffor, in the Civil Court. It pleads a Deed, he mud do it with a Profert in Cu:
1

&

&

&

ria

ria, to

the End that the other Party may at his own Charges have a Copy of it and until he
;

#jolocuro,i of tin Convocation l^oufr, Prolocutor

hath at his Requeft and Charges gotten a Copy of the Deed, he is not bound to anfwer it. Pwff.
Reg. 2 Vol.
fol.

382.

f&,20fer SiitecctnirfS,

of the

Sheriff could not be

Though the certain Debet known before the

was Finishing of his Account, yet it fecms there anciently an Eftimate what this conftant Charge of the annual Revenue amounted to, and what the conftant Allowances amounted to, according to a Medium ; and thefe Sums were paid into the Exchequer at the Return of the Writ of Sum mons of the Pipe ; and they were, and are to
this

thefe Proffers arc paid, yet if upon Conclufion of the Sheriffs Accounts, and after the Allowances propounded, gather Suffrages, and the like. and Difcharges had by him, it appears that he ^.JOtnift', Promiffio, Is, when upon a valuable be in Surplufage, or that he is charged with Consideration, we bind our felves by our Words

Day

called Prefer Vuecomitis.

But although

Domus Convocations, Is an Officer cliofen by Perfons Ecclefiaftical, publickly affemblcd by Virtue of the King's Writ for every Parliament; and as there be Two Houfes of Convocation, fo there arc Two Prolocutors, one of the Lower, and one of the Higher Houfe. He of the Lower Houfe, prefently upon the firft Affcmbly, by the Motion of the Bifhops, being chofen by' the Members of the faid Lower Houfe, is prefented to the Bifhops for Prolocutor, that is, the Perlbn by whom they intend to deliver their Refolutions to the Higher Houfe, and to have their own Houfe efpecially ordered and governed. His Office is to caufe the Clerk to call the Names of fuch as are of that Houfe, when he fees Caufe, to read all Things

more than indeed he could receive, he hath his to do or perform fuch an AS as is agreed upon Vide Hale and concluded, upon which an A&ion may Proffers paid or allowed to him again.
of Sheriffs Accompts, pag. 52.

be grounded

whereas, if

it

be without Confidcex

f^ommterfr, or rather ^;omoter0, Promotores, thole who in popular and penal A&ions do profecute Offenders in their own Name and the promifed conllantly to obferve. And this was King's, having Part of the Fines or Penalties for called SanBtt Religionis Profeffto, and the Monk a their Reward ; thefe, among the Romans were

Isufed particularly for the entring into any Religious Order; {New Book of Entries, vcrbo Prcfeffion,) by which a Monk offered himfelf to God by a Vow of Three Things, viz- Obedience, Chaftity, and Poverty, which he
&zOfe(fion
(Profejjio)

ration, it is called tur aBio.

Nudum paBum,

quo non

ori-

Are

called Quadruplatores or Delatores. They belong Letter fcaled with the efpecially to the Exchequer and King s Bench. fSzogramma, Smith de Rep. Angl. lib. 2. cap. 14. Coke calls them King's Seal. Spec. Sax. lib- 3. art. 34. Turbidum ho mi genus. 3 In ft. fol. 191. ^Ofitfl app^mdC. See Prendre. Is a Writ to forbid any 3&0miUge a ?UtO, Promulgare Legem, Is firft ^OljibitJOn, Prohibits, Court, either Spiritual or Secular, to proceed to make a Law, and then to declare, publifti, in any Caufc there depending, upon Suggcftion and proclaim the fame to publick View, and that the Cognifancc thereof bclongeth not to the fo fame Court. F. N. B. fol. 39. But is now moft ^JOmuIgW, Promulgate, is published, pro8. 4. ufually taken for that Writ which lieth for one claimed, 6 H. that is impleaded in the Court Chrifiian, for a ^onotarp, or #20fl]0notan>, (Protonotarius, Caufc belonging to the temporal Jurifdiction, or i. e. Primus notarius,) Is a chief Clerk of the the Conufance of the King's Court, whereby as Common Pleas, and King's Bench, whereof the well the Party and his Counfel, as the Judge firft hath three, the other one for the Pronotary | himfclf, and the Regifter, are forbidden to pro- of the Common Picas {Anno J Hen. 4. cap. 14.) is ceed any further in that Caufc. In what Cafes termed a chief Clerk of that Court. He of the this lieth, fee Bro. hoc Tit. &> F. N. B. fol. 93. Of King's Bench records all Actions Civil, as the this Prohibition, Bratlon, lib. J. trail. 5. cap. 3, 4, Clerk of the Crown-Office does all Criminal Thofe of the Common faith, that it lies not Caufes in that Court. 5, 6, 7, 8, 9, 10, 11, 12. after Sentence given in any Caufe And the Sta- Pleas, fince the Order of 14 Jac. upon an Atute of 50 . 3. ordains, that there mould lie no grcement made betwixt the Prothonotaries and Fimore than one Prohibition in one Caufe. See the Di- lacers of that Court, (who before did enter all verfity of Prohibitions in the Table of the Regifter Declarations and Pleas, whereunto a Serjeant's Original, and the New Book of Entries, verbo Pro- Hand was not required,) do enter and enrol all Manner of Declarations, Pleadings, Affiles, hibiten, and F N. B. fol. 39. >?oi)ibitio ne bafio oirecta parti Is a Writ Ju- Judgments, and ASions. They make out all dicial direfted to the Tenant, prohibiting him Judicial Writs, except Writs of Habeas Corpus from making Wafte upon the Land in Controver- and Difiringas Jurator. for which there is a partiReg. J-udic. fol. 21. It is cular Office, not much beyond the Memory of fy, during the Suit. the Example Man ere&ed, called The Habeas Corpora fomctimes made to the Sheriff' Office. whereof you have in the fame Book next follow- They alfo make out Writs of Execution, and of Writs of Privilege, for removing Caufes Seijin, ing|>J0 Uiofulfo Is a Pofleflion or Occupation of from other inferior Courts of Record, in Cafe Lands or Tenements, belonging to Two or more where the Party hath Caufe of Privilege. Writs Perfons, whereof none knows his feveral Portion, of Procedendo, of Scire facias in all Cafes, and as Coparceners before Partition. BraBon, lib. 5. Writs to enquire of Damages; nnd all Proccfs See Pourparty and Par- upon Prohibitions, and upon Writs of Audita traB. 2- cap. 1. num. 7.
Religious Profeffed.
i.

e.

mm

titione facienda.

Querela, and falfe Judgment, cum multis aliisIn Englifli Progeny, Is properly fuch They enter and enrol all common Recoveries; as proceed from a lawful Marriage ; tho' if the and may make Exemplifications of any Record Word be taken at large, it may well denote the in the fame Term, before their Rolls are made

IPtOlSB,

Iflue

of an unlawful Bed.

up,

and brought into the Treafury of Records

iu that Court.

P;mf,

P
$2>;<Df,

R
There
is

R
and and

Probatio: BraBon fays,

duplex, viz. viva, as

Mortua, by Deeds, Writings, &c. A Apnot be produced cither againft or for her Huf- propriation. came una, and it band, quia dux funt anlm*. in ^opjiffate pjohanoa Is a Writ that lies tor and him that would prove a Property before the Shemight be a Caufc of irreconcilable Difcord, a Means of great Inconveniences. Co. on Lit. lib. riff. Reg. Orig. fol. 83, 85. For where a Property
a Writ for the $>to parti hit* ItufratlOiS Is Partition of Lands between Co-heirs. Reg. Orig.
5. l. cap. felt.
is

by

VVitncffcs, viva voce

Probatio that hath the Fruits of a Benefice to himfclf, and his Heirs or Suceflbrs, as in Time ; Abbots p*ft Wife can- Priors had to them and their Succcflbrs. Sec

allcdgcd, a Replegiare licth not.

Broke, Prtper-

fol.

316. fD/Optrtia,

<J.

|5J0 rata, That Pro rata

is, pro proportione,

16 Car.

a.

cap.

The fame With

portionis.

See Onerando pro rata

Perpars, w't. inter

portionis.

de pr&diBis Comitatibus , f^OZOCJUf, Prorogare, To prolong, or put off to fororet Propcrtia fatfa fuit Monaftic. 1 Tom. pag. another Day, Anno 6 H. 8. advocationis &> caftris. cap. 8. The Difference between a Prorogation and an Adjournment, or Con305. Is the higheft Right that tinuance of the Parliament, That by the $><!0yifrf]\ Proprietas, is, and no ft Man hath, or can have to any Thing, Prorogation in open Court there is a Seflion, and Man's Courtefy. then fuch Bills as puffed in either Houfc, or both Ways depending upon any other Ana this none in our Kingdom can be laid to Houfcs, and had not the Royal Affent to them, have in any Lands or Tenements, but only the mult at the next Affembly begin again ; for ccry all the Seflion of Parliament isiin Law a fcvcral ParliaKing in the Right of his Crown ; becaufc Lands throughout the Realm arc in the Nature of ment, but if it be but adjourned or continued, Fee, and hold cither mediately or immediately then is there no Seflion, and confequcntly all of the Crown. This Word nevci thclefs is ufed Things continue in the fame State they were in This Difor that Right in Lands and Tenements that before the Adjournment. 4 Inft. fol. 17. common Peribns have, becaufc it importcth as llinQion and Difference betwixt Prorogation and much as Utile Dominium, though not direBum. Adjournment, has not been long in Ufc ; for anciAnd there arc Three Manner of ently they were ufed as Synonyma's. Prorogetur CuSee Fee. of Properly, that is, Property abfolute,' ria de bora in horam quoufque Placitum terminetur. Rights
Property
qualified,

and

Property
lib.

pojfeffbry.

Of MS. de LL.
1

which

fee

at

large,

Co.

7.

fol. 17.

Cafe of

Swanj.

ther's

#. 0fmitCV Is he that follows Name. Sec Promooters.

:

a Caufc in ano-

Arc by our Statutes dictation, ProteBio, Hath a general and a fpcf&oyhfciptf, Prophet'*, In the General it is ufed for taken for foretelling of Things to-come in dark cial Signification and ambiguous Speeches, whereby great Com- that Benefit and Safety which every Subjcft, Demotions have been often caufed in this Kingdom, nizen, or Alien, efpecially fecured, hath by the and great Attempts made by rhofc to whom King's Laws, and lo it is ufed. 25 E. 3. 22. Prothofe Speeches promifed good Succcfs, though tection in the fpecial Signification, is ufed for an the Words arc myftically framed, and point only Exemption or Immunity given by the King to a at the Cognizance, Arms, or fomc other Quality Pcrfon againft Suits in Law, or other Vexations, of the Parties. Anno 3 E. 6. cap. 1 5. and 7 Ejufd. upon rcafonable Caufes him thereunto moving, And of this Eliz- cap. 1 5. But thel'c for Diltinc- which is a Branch of his Prerogative. cap. 11. and 5 tion fake are allied fond, falfe and fantaflical Pro- Fitzherbert in his Wit*. Brev. fol. 28. maker h Two Inft. fol. 118. Kinds; the firft he calls a Protection cum claufula phecies. 3 de verbor. Jignif. latins it Volumus, whereof he mentions four Particulars #JOpn:Clta. Skene The Declaration or Deliverance 1. A ProteBion quia profeBurus, for him that is to Proportatio ajjife, of an Affile, othcrwife called VerediBum Affift, pafs over Sea in the King's Service, 2. A Protecthe Verdict of an Aflifc, becaufc the Affifors arc tion quia mdraturtis, for him that is abroad in the fworn to declare the Truth, and therefore arc King's Service upon the Sea, or in the Marches.
:

called Juratores, Jurors.

piopo.'farr.

This

Word
i.

Angl

Tom.

pan.

pent Fofata proporfant, reach.

42>:OpO,2tinn.

$;op02tum,

Moratorium. And 4. A ProteBion in the King's Service beyond the Sea, or in the Marches of Sec De onerando pro rata portionis. Scotland, Anno I R. 2. cap. 8. Reg. Orig. fol. 23. Purport, Intention or Meaning. and Britton, cap. 123. The fecond Form of Pwe.

534.

A ProteBion for the King's 7 H. 7. cap. 2. $. mentioned in Mon. Debtor, that he be not lued or attached till tho Et unam partem bof i noftri, King be paid his Dcbr. This fome Civilians call
is

as

farq^thc Ditches

Secundum Proportum diili Cyrographi dc Qiiincy, 31 H. fecti. Carta Rogeri

inter eos Con3.

teBion,

is

cum

claufula

Nolumus, which

is

granted

molt

Piopnunotr*.
is

intituled, Arainft

Projectors;

where

The ii^G^a, of M^^l'fih

fe%sro

commonly

Coke's 3 Inftitutes

it

Synonyma to Monopolies. #:op;irtani 9onachi Were had any Goods or Subftancc of their own. They arc often mentioned in Mon. Angl. 3 Tom. p. 307. 1 1 5. Monachi Profcjp in Addit. ad Matt. Parif. pag. excommuni.entur ab Abbatibus, &P fi in morprictarii
te

But it may be granted alfo to Propounded and King's Miniftcrs be ufed only as a one Man Spiritual or Temporal. Reg. Orig. fol 22, 23. None of thefe ProteBhns extend to Pleas thofe Monks who Novel Dover,
:

Immunity,

to a Spiritual Company for their from taking of their Cartel by the

of

Quare

impedit,

AJJife

of

D'ffeijin,

and Attaints and Pleas before Sec the Terms of the Law, verJufti es in Eyre. bo ProteBion, and New Book of Entries of this
Darrein Preferment,

Word.
^OtllOnorsrp.

fepultura, &Tc.

See Pronotaty. he whom our King i2>iotO;fo;fSariiis Was Is he that hath a hefferofore made Chief of Windfor to hear $2>,}Op,2ietury> Proprietarius, Fcreft, nuUius arbitrio eft ob- all Caufes of Death or Maibem there. Cdmb. Property in any Thing, qttx Britntxia ; bur was heretofore chiefly ufed for him
careat proprietarius inventus fuerit, Ec.lefiaftica

Yyi.

'

'

'

[II

PR
Brit. pag. 213. in Eyre.

pr
Juftice
alfo called Gratia

expeHatha, or Mandatum He pregreat Abufc whereof you may read ^ZOffff, Protefiari, Hath two divers Applica- not only in Duarenus de facris Eeclefia Mmifieri'it tions; one is by Way of Caution, to call Wit- &> Beneficiis. lib. 3. cap. 2. but alfo in divers Stanefs (as it were) or openly affirm, That he doth tutes ot this Realm, viz. 35 E. 3. zzfiat. 4 e> 5. either not at all, or but conditionally yield his commonly called the Statute De provifionibus, &> Confcnt to any Act, or unto the Proceeding of 27 E. 3. cap. 1. &> 38 E. 3. fiat. 2. cap. 1, 2, 3, 4. a Judge in a Court, wherein his JurifdiQion is 2 Rich. 2. 7 R. 2. 12.. cap. 7. 3 R. 2. cap. 3. doubtful, or to anfwer upon his Oath further 12 R. 2. fiat. 2. tap. 2, J, 4. 6 II. 4. See
videndo
:

Kind of a Lord Chief

\
1

The

&

than by
other
is

Law

he

is

bound.

See Ploivden,
Orig.
fol.

5.

cap.

fit. 6'/6.

Praemunire.
Ipjobifiortf,

Gresbrook's

Cafe, and Reg.

306.

The

The ASs

to reftrain the exorbi-

Man's tant Abufc of arbitrary Power made in the Parby Way of Complaint, to protefi a For Example. If I give Money to a Mer- liament at Oxford, 1258. were called Provifiones by Bill. chant in France, taking his Bill of Exchange to Rifoanger, who continued Matt. Pari/. Anno 1260. one whom he afligncth; Rex autem quia be repaid in England by juraverat cum Edwardo primegenito not my fclf fatisfied, fuo Qp Baronagio Provifiones Oxonienfes if at my coming, I find fe inviolabithen I go to the liter fervaturum, V. but cither delayed or denied, being to provide again ft the Concourfe of Merchants, and King s Abfolutc Will and Pleafure. See Matt. Exchange, or open That I am not paid; and thereupon if Parif. fub annis 1244. fiP 1258. protefi, he hath any Goods remaining in any Man's Provifiones Were alfo the fame with Provident!*, Hands within the Realm, the Law of Mer- i. e. Provifions of Victuals. out of them to my full chants is, that I be paid
Gratifque dari provifa jubemus. Is (as Juftice Waltb del&JOteGation, P'otefiatio, or Safeguard to the Party fines it) a Defence f^Obifo Is a Condition inferted into any it from being concluded by the which maketh Deed, upon the Obfervance whereof the Validity cannot be joined of the Deed Sometimes it is only a Act he is about to do, that Ifluc depends fee Reg. Orig. fol. Covenant. Co. 2 Rep. Lord Cromivel's Cafe. Plotsid. fol. 276. whereof It it. by It is a Form of Pleading, hath alfo another 226. And fee Frotejl. Signification in Matters Judi. when one does not directly affirm, or directly cial, as if the Plaintiff or Demandant defift in that is alledged by another, or profecuting an Action by bringing it to a Trial : deny any Thing The Defendant or Tenant may take out a Venire which he himfelf alledgeth. See Profe. facias to the Sheriff, which harh in it thefc Anno 18 E. 1. and 5 H. 4. Words, Pmvifo quod, &>c. to this End, that if the $^0uer, Probator, Plaintiff take out any Writ to that Purpofe, the Sec Approvers, and 3 par. Inft. fol 120. cap. 2. became an Approver, and appealed Five, and Sheriff fliall fummon but one Jury upon them Man Et duel- both In which Cafe we call Battel with him going to Trial by every of them joined cum omnibus, probator devicit Provifo. See Old Nat. Brev. fol. l 59. in the Writ lum percuffum fuit
Satisfaction.
:

^ObC

&

omnes quinque

in duello, quorum quatmr fufpendebanNifijirius. e> quintus clantabat effe clericum &> allocatur, &> J^ubifpj Is he that fues to the Court of Rome tur, Mich. 39 E. 3. coram Rege. for a which is called Gratia cxpeilativa Provifion, probator pardonatur. Rot. 07. Suff. according to Spelman. See alfo Old Nat. Brev. Provifion of Meat or Drink. fol. 143. they were prohibited by Proclamation fDiuUluClttia, omnibus venire volenHilaritas dapum poculentorum 42 Hen. 3. Anno 1258. Hill. pag. 259. It is fomeerat quamdiu times alfo taken for him that hath the Care of i tibus cupientibus femper parata refit talem providentiam ibi fecerat, See Proibi moram traxit, providing Things ncceflary, a Purveyor.

&

& &

quod

tota

curia

mirabatur
in
cellaria
1

providentia
3

vifion.

Proviforcs dicuntur,

vini ante

adventum fuum

doliorum.

Was ufed among ^CtoitlCf, Provincia, for a Country without the Limits of Italy, mans the Sword Wheregained to their Subjection by that Part of France next the Alpes was fo upon But called of them, and ftill retains the Name: with us a Province is moft ufually taken for the
:

Hen. Knyghton fub anno

fua erat centum Ecclefiafiicam aliam Dignitatem

54.

qui vel Epifeopatum vel

in

Romana

C.iria fibi

ambiebant de futuro, quod ex gratia txpeBativa nuncuthe Roparunt, quia ufque ciurn vacant expeelandmm ejfet.

Spelm.

placito

Circuit of an Archbifhop's Jurifdiction, Province of Canterbury and the Province of York, Domus tarn in Thefauris, quam in jccalibus aliis jujit 3. 23. and 33 H. 8. 31. yet it is alfo diVafa vero aurea &? argentea mul ofiendere. 32 H. Times ufed in our Statutes for feveral Parts ta, qut. omnia Integra in r.e^effitatem Monaflerii fub vers of the Realm, and fometimes for a County. In Piovifbris e> Pro.uratoris cujlodia deputaver.it conferde Buttiler ,vanda. Erant enim ambo Egelrhi cognati fui fecunAgnetis qu* fuit uxor Radulphi
1 j

P^0faif02 fl^onaSerir, The Treafurer or Steward of a Religious Houfe, who had the Cuftody of Goods and Money, and fupervifed all Accounts. rAbbas Turketulus Doas the minum Egelricum tunc Prbviforem fuum, Statum

verfus priorem

de

Prior
fie

dicit,

quod

Repindon, pro terra in Pykinton, nulla viUa efi in Provincia ilia qua
3.

dum carnem, ey
alter

vacatur.

Placit.

Is a Chief Goverfundiffima imbutus. 3&;nbUKial, Prcvincialis, Ingulph. Hift. nor of a Religious Order of Friars, &>c. 4 H. 4. ffiltrtualillin, The King's Purveyor, who provided for the Accommodations of his 17. ufed with us as in the Court, is fo called in our Hiftorians. pjobifiou, Provifio, Is Canon Law, for the providing of a Bifhop, or ^20boff sJlBarfljaf, An Officer in the King's an Ecclefialtical Living, by Navy, who hath Charge of the Prifoncrs taken any other Perfon, It is at Sea. the Pope, before the Incumbent be dead 13 Car. 2. cap. 9. and is fometimes ufed

H. by Pafch. 53

de Juratis Rot. 2.

& Affifis

Fratres fecundum Deum rel/gicfijjimi, Monafterii Provifor, alter Procurator: Piovi-

apud Der-

for in temporalihus traSandis prudentiffimtis ; Procurator vir omnium literarum fcisntia proScolafiirtts,

&

^PMCU

for

P
for
reft

u
$uD<mi,
p.

PU
/. e. Colti In the Monafticon, 1 Tom. ; 321. Dono etiam predict is Monachis decimas pulla

the

norum meorum (?P vituhrum SP agnorum, V. puflonafUtf, a Colt bred in the Houfe, El fi I^nrfue. Sec Senage, Haply it may be the equus fiierit furto/ublatus, poterit dicer* quod ei pulUiPayment of Proxies or Procurations, fed autre. felQWHB Are yearly Payments made by Pa- natus fuit, &> quod eum nutrivit per tantum Umpus, rifh-Pricfts to their Bifhop or Archdeacon, rati- &V. Bra&on, Lib. 3. cap. 32. Par. 5. on vifitationis. See Procurations, and the Cafe Pulfato;, / e. the Plaintiff or Actor. Leg. H. 1. z6. and pulfart is toaccufeany one. between the King and Sir Ambrofe Forth, z Jac, in the Exchequer. Sec alio Sir Jo. Davis, Rep.
Office.
fol-4-

like Purpofc ar Land, or to fcifc or arany within the JurifdiSion of his Place or

Quifquis vel hcuples, pulchra vel conjuge notus t

Crimine pulfatur jalfo, &Pc. P;j'k Seems to (ignify an old fafliioncd Spur with one Point, not a Rowel, and is a Kind of Service Or Tenure. Nicholas filius &P From Pul]&Ulturff, i. e. an Examination h.eres Nich. de Longford Chivalier, tenet 4. Meffua- fare, which (ignifies to ask or demand , and 'tis gia, 40 Acras terra, 10 Acras prati &P 60 s. redditus fo called from the Monks, who before they were cum pettinent'tis in Kinwaldmcrfh. de Rege in Capite, admitted into the Monaftcries, pulfabant ad fores, Et volo ut per fervitium inveniendi umm equum, unum Caecum for fevcral Days before they entered unum Pryk in Guerra Walli* quandocunnuc conti- fint quieti de omnibus caufis SP querelis &Pplacitis BalMich. Fines, 1 Rich. 2. livorum ciP Prepofitorum hundredi, &> a pultura ferjangent Regem ibi gue>rare. Dcrb. fol. 204. I find in Henry the Eighth's Time, norum, (/. e. the Examination of the Serjeants) Qp Light Horfemen in War were called Prickers, be- de rewardo foreftarum, i. e. the Visitation of the caufe they uled fuch Spurs or Pryks to make Forefts. Monafiicon, zTom.p.lozy their Horics go with Speed ; and to this Day JDuiuiiiiirium opuff, for ^mmariutn opu0.

&

Horfemen (iy, one ride fatter.

Prick on,

when they would have Monafticon,

Tom.

p. 3

7.

J&ublicb jfaifl), Fides publica, 17 Car. i.eap. 18. Rebellious Cheat to get Money from the feduced People, upon (as they called it) The publick Faith of the Nation, to make a mod horrid

Was a

and cauflcft Rebellion againft a mod Religious and Gracious Sovereign, which began about the nia alia explelia de Year 1642. inter nos fradifto marifco venientia PuccllagP, Pucellagium, French Pucelage, Vir- aque dividantur, Qp ibi fiat Pundfulda averiorum
B. abfiulit intrantium in predict Marifcc Placita anno Bra& 1236". inter Abbat. Gtafion. &> Henr. de Ham el in lib. 3. tracl. 2. cap. 28. num. 2, 3, S* J. In an Chartular. Abbat. MS. fol. 42. b. inter Glafion. ancient MS. it is written PueUagium. In placito veterem pundfuldam Qp pratum Ricardi de Ca/dunCartular. Radinges. MS. b. 101. b. pro raptu fie continetur quod ipfam de puellagio vilt e. an Handful JdlMlBta, fuofelonice &> totaliter defioravit. Inter Placit. Mich Spelman thinks it 19 E. 3. London, 159. ought to be readPumata, vu. Lanceta qui pro fait Die Lun*. proxime ierit babeat unum panem &P unam puma tain fain. i. *. J)UCI)ia, A Bag, a Purfe. pep Fefium circuvicijionis Domini anno 1332. in capi- an Handful of Salt. tulo Ecclef. Paulina ordinatum I&tirflfa of a (Kuoman's (Sotom, From the eft quod fi omnes Stagiarii a civitate fuerint abfentes, tunc Sacrifta cum French Word Pourfiler, 33 H. 8. 5. A Sort of Trim# tie Cardinalibus chori, amoto figillo Canonici puchia ming for Womens Gotvns then in Ufe ; it was made pecunia appofita, pecuniam neceffariam liberent Cufiodi, of Tinfcl or Gold Thread, and was alfo called Ex Libr. Statutorum Paudkind-ivork. So Cambden, Tit. Ireland, (beaks &P puchtam recotifignent Eclef. P. i a I in it. MS. penes Rev. Job. Epifc. Nor of a Mantle or Shag Rug, with a deep fringed ginity

Punbfb^ecl), Derivcdfrom the S&x.Pund, ParcUs, and Brech, fraSura. Si Pundbrcch fiat in Curia Regis plena Wyta fit, alibi qulnque marc*. Leg. Hen. 1. cap. 40. It is the illegal taking of Cartel out of the Pound by any Means whatfocver. Om$unDfi|[D.l, A Pound, a Pinfold

Q%od

tenuit earn,

dum idem

pucellagium fuum vel quod concubuit cum ea,

/'.

'

wic.

purfie.

^ttulieprc, Si Pudhepcc,(i. ncmoris lscfio) parco Regis vel Forefit fiat 30 marc, emendetur, nifi prcpofitio propenfior anipUus exigat. Leg. Hen. 1. cap. 38. But the learned Spelman thinks it is mifwritten, for the Saxon Pudhepec, i. Wudhepec ; the in that Charafter being like theft in ours.

#Hl&3ElD,
Lit. fol.
firft

&c. Joint Purchafe (conjunSum perqui/itum.) Reg. of Writs, b. is where two rerfbns or more join in 'fol. 143. Vic London Sa- the Purchafe of Lands. Rex Majori piiletcrius, lutem, quia accepimus quodpifiores, Tabernarii, MoteniPlircfruiUni, Purchafe, _or pecuniary AcquidmarUfCoti, Puletcrii, Pifcenxriifiarnific -Utcfunt ces,Brafiatores fition oppofed to hereditary Right, Bladarii CJ5 alii de idem Abbas Glafion. fuo tempore eltganttr VIP diverfis Officii* Mytterits, &c. icdificia qu* caru a euas fuo E. 3. M. 13. fcems to (ignify a Poulterer, per tandem Abbatiam confummavit, Par.

The fame with Woodgeld. Co. And haply the like Miftake in the omnes 233. Letters of this as of the former Word. \meo,
Younger, Puny, born
af-

from the Fr. Pounbafbuy Lands or Tenements with one's Money, or othcrwife gain them by one's Induttry, contradiftinguilhed from that which comes to one by Dcfccnt from his Anccttors. Gaufridus de MandeviUa Comes EJfexi* fundator Cocr.ebii SanHi on \Jacobi Waldenfis in Charta prima Contuli, >V.
$UTCljaff, (Purchacia,
to
fer) Is
Ecclefias
inferius

'

annolatas, tarn de Dominio

quam

de emptis

Sf Purchafiis,

Pillfnr, (tr. Puifne) tcr. Sec Mulier.

&

'

1'ull.triui.

0ulia, Sax. Pul. A Pool or Lake of (landing \mentavit. Chartular. Abbat. Glafton. MS. ftl Water. Trium acrmum Qp JimiJ. juxta pul- J42. 4. lam in terra r.u.t vocttitr NaUlaxd. f2>tirgariot>, Purgath, Is the clearing a Man's Chartular.] Abbat. Glafion. MS. b. (J 7. a. VU. Mon. Angl. fclf of a Crime whereof he is generally fufpc&cd, Tom. 1. 722. and of ih: I* me accufed before a Judge. Of this
there

\tempore

de

appruamentis

&

&

purchacio fuo ang-

PU
there was great Ufe in England touching Matter of Felony, imputed to Clerks in former Times, as

appeareth by Staundf. PI. Cor. lib. 2. and Weftm. I. cap. 2. It is ftill obferved for Pourprer.dre, i. integre arripere, is properly fubtraClergy Matters pertaining to the Ecclefiaftical Court, clio clandeftina terra alien*, ejufdemque vicin* afcripSee Skene de verbor. Jignif. verbo Perprefture, as Sufpicion, or common Fame of Incontinency, tio. or fuch like. And here note, That Purgation is and fee Pourprefture. either Canonical, Canonka, or Vulgar, Vulgaris. purpnfum, French Pourpris, a CI ofe orEncloCanonical is that which is prefcribed by the Canon furc, alfo the whole Compals of a Manor. Law ; the Form whereof is ufually thus in the Donavi eis meum Purprifum de Kirkeham &P dorms takes his meat, &c. Carta Waltcri Efpee Priorat. de KirkeSpiritual Court, The Man fufpc&cd Oath, That he is clear of the Fault objeficd, ham in Mon. Ang. 2. par. /. 1. 36. n. 40. and brings fo many of his honcft Neighbours, bepurpurati, i. e. the Sons of Emperors and not above Twelve, as the Court fball aflign Kings. Neubrigenfts, Lib. 3. cap. 4. Malmsbury, ing him, to fwcarupon their Confcicnces and Credu- lib. 3. That he fwcareth truly. Vulgar Purgation plirref, 25 Eliz- cap. 10. A Lift ordained to be lity, was by Fire, or Water, or by Combat, ufed both made at the End of Kcrfies, to prevent Deceit Canon Law in diminifhing their Length. by Infidels and Chriftians, till by the But Combat may be ftill praftifed by abolifticd. putfep, A Term among Clothiers. 43 EL 10, the Laws of the Realm in Caufes doubtful ; and See Rewey. where there is a want of Evidence, or other purfllioant. Sec Pourfuivant. plirbepance. See Pourueyanct. Proof, if the Defendant chufe rather the Combat than other Trial. See Ordel and Combat. See purbCpO^jS. Sec Pourveyors. Suthdure. pwtoietti, (Fr. Pourueu, a Patent, Gift, Grant> mulicrcm, '. e. To defile a Wo- Sir Edward Coke often ufes it in his Works (how purfitre man. properly I know not) for the Body, or that Part Mari* 3Uirgmif, Anr.o 32 H. of an A& of Parliament which begins with Be it gJurificafiobeafaB The Stat. of$ H. 7. ftands upon a PreEnaffed 8. c. 2i. See Candlemas. purlieu jtliin, Is he that hath Ground within amble and a Purview, 1 2 Rep. /. 20. and 2 Inft. jol.
the Purlieu,
Shillings

dem Richardus, quia vir animofus erat, intravit in Purpartium matriifu.e, &V. purpjeQure, Purpreftura, From the French cap. 48. Sec

which being made Foreft by Henry the Second, Richard the Firft, of King John, was, by Perambulation, granted by King Henry the Third, fevered again from the fame, and became Purlieu, i. e. pure and free from the Laws and Ordinances of the Foreft. Manwood's Foreft Laws, And he calleth this Ground cither pcuralcap. 20. which he lee, i. perambulationem, or purliu, purluy, And faith, arc Miftaken for pourallee, ibid. num. 3. with our firft Derivation it may confift, becaufc fuch Things as were by thole forementioned Kings fubjected to the Laws and Ordinances of the Foreft, are now cleared and freed from the
Foreft,

vox nulla Latina exprimit, quaft Puttam agerc fom purine or purlieu, From the French Pur, i. ?uod the French Puttee, or the Italian Putta, i. This Crime was fo odious amongft our all that Ground near any meretrix. purus, and Lieu, hcus, is

and being able to difpend Forty 403. p.itaciUir, a Sort of Cats, whofe Skins were by the Year of Freehold, is upon rhefc 'Tis mentioned in Giraltwo Points licenfed to hunt in his own Purheu. ufed to line Garments MinwooAs Foreft Law, p. 151, 157. But what he dus, and in Brampton : Caret herminii, <yrsf putaciis, mult obfervc in his hunting, fee the fame Page &c. 20. mm. 5, 8, 9, &c. ptlfagf, Ptitagium, Fornicatio ex parte fcemin*, 186, 181, 186. and cap.
:

See Purlieu.

Anceftors, that if any Heir-Female under Guardianfhip were guilty thereof, they forfeited their Part to their Co-heirs; or if ftie were an only Heircfs, the Lord of the Fee took it by Efcheat.

Spelman.

Quod autem

generaliter folet diet putagi-

htreditatem non adimit, iliud inttUigendum eft de putagio matris ; quia ftlius h*res legitimes eft, Glanvilc, lib. 7. cap. nupti* demonftrant. quern
12.

um

fBlttaf \\n\S , Reputed, or in Opposition to notorious

commonly eftcemed,

fame. And as the Civilians call that purum loto hang Men Delinquents, and to caft cum, qui fepulchrorum Religion! von eft obftri&us; fo were wont our Anccitors called this purlieu, 1. purum locum, the Women Offenders into a Pit full of Water to becaule it was exempted frpm that Servitude that drown ; and 'tis a Wonder, this Punimment, or was formerly laid upon it. And whereas Man- Execution, is not found among the Britair.s, or wood and Crompton call it Pourallee, we may derive rather Englijh Saxons, fincc 'tis evidently met with among the Germans, from whence they came, it from pur, purus, and allee, ambulatio, becaufe he that walketh or courfeth within that Circuit, as appears by Tacitus, in his Book De German, monot liable to the Laws or Penalties incur- ribus, where he fays, Proditores transfugas arboribus imbelles red by them which hunt within the Prccinfts fuftendunt, igr.avos corpore infames, (i. of the Foreft. See the Statute 33 Edw. 1 fornicantes) cceno acpalude, injecfa infuper crate mer-

and unqueftionable. Pater pueri putatiiius, i. e. The reputed Father of the Child. Jo. Brompton, p. 909 plltfUP, A Pit : In former Times the Scots

&

&

Stat.

5.

gunt, pag. 484.

Fr.

Pourpart, pro parte. Purparty, That Part or Share of an Eftate, which being firft held in common Copartners, is by Parti
ptlt'p.lr\0,

pUfta,

Pit,

which

in

the

broad Country

Tone

is ftill

called a Putt.

Una

acra in Croc-

wellfurlungqu*jacet ad puttam inter terram Johanby de nis le Palmer, &c. Paroch. Antiquit. p. 186. Stanetion allotted to any of them. Inquifitio Elizabeth*. liberes ha- Puttes for Stone-Pits, ib. p. 397. h&reditate Margaret* Paroch. benda in purpartem ipftus Elizabeth*. pUtura, A Cuftom claimed by Keepers, in Forcfts, and fometimes by Bailiff's of Hundreds, Antiquit. p. 502. purparriutll, The fame with Prepars and Proper- to take Man's Meat,Horfe Meat and Dog's Meat, 1 Tom. p. 847. tia, in the Monafticon, Jui qui- of the Tenants gratis, within the Perambulation of

&

P
de

Y
allocent

Q.U
Roberto

of the Forcft, or Liberty of the Hundred. &>mmur.ia de Anno \6 E. I. Tcr. Pafch. Rot. 10. in

Dorfo. Rex mandat Baronibus quod

Line. Jo's. 7 c!. quos per pracepturn Regis liberavit Jo. de BeUevento pro Putura fepVic.

Chad worth

firft QlaDMgcfima ftuinaap Sunday '" Lent, fo called, bocaufc it is about the Qp Alanerarium, Fortieth Day before &V. viz. pro Putura cujufltbet leporarii Qp falconis per Eafter : The Three diem 1 d. ob. pro vadiis, &Pc. Plac. Coron. in preceding Sundays arc, Quinquagefima, Sexagefima, Corn. Ebor. 21 Ed. Rot. 21. In libertate de and Septuagefima ; all which fee in their proper

tem leporariorum Sf trium falionum

\J. ^"

r^

is

the

&

Knarcsburgh

pr.tfentatur,

quod parcarii Comitis Corviz. bit comedendo in

Places.

nubi* percipient die vel capiendo pro

diverts
villis

Puturam fuam,

Putura fua ad.

de tenentibus in

ibidem nominatis, fed nunc fecit diftut

Cemes

ipfas

villatas folvere 3 d. pro

Putura.

Putura
da-

in Chafia de Bov/land.

Inft.

307.

Johannes Stanley Ar. de quolibet tenente, aliquant terram vocatam OuIdOxgang Lands poffdentt,qualibet fexta feptimana

Per Puturam fervient

mat habere
viffum terram H. 7. called In the

prout Paterfamilias refidens fuper huju/modi babuerit. PI. in Itin. Ceftriam. 14

apud

And the Land

*Duati?fln,eiimaIifl. Denarii Quadrageftmales. In the former Days of Superftition, it was the Cuitom for People to vifit their Mother-Church on Midlent Sunday, and to make their Offerings at the high Altar ; as the like Devotion was again obf'erved in Whitfun-tveek. But as the Procelhons and Oblations at Whitjuntide were fometimes commuted into a rated Payment of Pcntccoftals, or Whitfunfartbings, fo likewife the Lent Devotion was changed into a cuftomary Rate called Qua-

Terra puturata North of England, Putura Serjantia was anciently called Serjant Floyd. Quils foiens quites de la Poturc, c> de In chofes que les Forefters lour demandent, &>c. Ord. Forcft*. 33 Edw. 1. The learned Somner in his Glojf. upon * Scriptores crr'd
c\et

fubjeci to this Cuftoni, it Pla. apud Ceftr. 31 E. 3.

and Denarii Quadragefimales, and fometimes Latare Jerufalem, becaufe that Hymn was fung on Midlent- Sunday: It is farther obferdragefimalia,

in his Exposition of this omnia.

Word.

Bernadus non vi-

the now romaining Prafticc of Moor going to vifit Parents upon Midlentis really owing to that good old Cuftom. Sunday, Nay it feems to be called Mothering from the Rcfpect fo paid to the Mother-Church, when the Epiftlc for tho Day was with fome Allufion. Galat.
vablc,
thering,

That

Placita apud Prefton, 17 Ed. clmode Sharefhull, Rogero

Jerufalem omnium; which Epiftle for Midlent-Sunday we ftill retain, tho* wc have 3. coram Willi forgot the Occafion of if. de Hungcrford, SHuaOjltin*, Farthing, a fourth Part of a
4. 11.

Mater

Henrico de Hungerford, Henrico de Hanbu- Penny. Obferve, That before the Reign of ry, Sinione de Pakcman, Rogero de Hil- Ed. 1. the fmalleft Coin was a Sterling or Penny, marked with a Crofs or Travcrfe Strokes, by the lary. Guidance whereof a Penny upon Occafion might be cut in Halves for a Half-Penny, or into Quarde Radediffe, Senefcbattus libertatis de ters for Farthings, or fourth Parts Till to avoid Penwortham attacbiatus fuit ad refpondendum the Fraud of unequally cutting, King Ed. 1. coinJOhanncsde Abh.xti Evefiam de placito, &V. Johannes da- ed Half-pence and Farthings in round diftinft mat unam Puturam in Prioratu de Penwortham, Pieces. See Matth. Weftminfler fub anno 1279. duaDiantara rrrr* is the fourth Part of an qui eft qu*dam Celia Abbati* de Evejham, pro fe &> See Denariata ten* and Obolata. Item Fargarcionibus fuis, per ttnum diem Qp Acre. Miniftris, iquis

&

&

tribus feptimanit in tret feptimanas, del of Land. in efcujentis, Qp poculentis, ad jfiluaD;anum, Quarry or Stone-Pit Prioratus prxdidi, indebitt. Concefft eifdem liberam viam ultra pafturam cuftus ad pr*di3am ad Rog. de Wellesburne tenet medietatem unius hid* quadrario /mo
voiles, de

dims
viz-

de viftualibus, ut

meam

de

terra in Tachebrokt
in

&

Autumpno cum omnibus

bis

ram Domini
nuncupato,
Bracenarius.

in

The

ad magnam precariam ad PutuE Codice quodam, die Black Book of Litchfield. See
veniet

mtfforibus fuis

Putura in fome Authors

paravitetiam
refeBorio.

(ignifies

Puturam

pulpiti in Ecclejia

a Beam. Com& gabuti in

Thorn, 1267.

31

V>Pttfr alias )'Cnr, 3. Stat. 2. cap. 2.

ripam ftagnum diRi molendini emendandum. Paroch. Antiq. p. zo8. Hence the old Word a Querrour, or Digger of Stones. The Word was originally Carrarium, Hence the Irifh retain the primitive Carraria. Word a Carrie, and the French un Carrier. Jfikuatyelll, A Sort of Bullets ufed in great Guns In Matt. Parif. for battering Walls p. 592. they arc called Q^arelTt; they were fliort thick and
:

ufyue

Kind of Ship fpoken of

fquarc, and from thence they were called

drelli.

Qua-

Mafham &> Thomas Bote de Bury die Lune proxime ante Feftum Ay/lolorum Simonis ft " Judj, Anno Regni Henrici quart! f.-fl conqueftum tertio, malitia fiP confpiratione inter eos iride cepr/ehabitis quendam Robertum Smyth de Bury
1

Sec Pirate. >PJatC. >V2etoinfef. Johannes

Nee tamen

interea ceffat balifta vel arcus,

ille

Quadrcllos/j-ec multiplicat, pluit

fagittas.

dUatVibt'um, The Center of Four Ways, or where Four Roads meet and crofs each other. perunt infra pr<edi8am vlllam, ipfum infra domum Hence Cairfax in Oxford. It is called the Wence, dicii Jnhannis cum and Four Wence in Kent. Mafham in fcrro pofuerunt cordis ligaverunt fuper tollies ijtflui Roberti quoddam 5.liat>,JUaara fen*, a TccmLand Qu* quaWillielmus Prior de Tuttebur, > inftrumentiim vocat:.nt Pyrcwinkcs ita ftricle & tuor equis agitur. dure pofuerunt quod ftnguis exitit de digitis Ulius omnes Monacbi ejufdem loci toncefferunt Ormo de AccuEx Cartular. AbbatU Sanfti Fdmur.di. MS. ere & h/tred'ibus fuis unam Quadrugatam tcrrae cu* f. altinet ad Man. de 341. Malefeld folam &P quietam Jicut tenuit in diebus Henr. de Ferr, &V. pro olio fol. redd.

&

&

&

per

Q.u
per ann.

Q.U
mnnnum

ad Feftum S. Martini, &c. Sine dat. MS. ing any Thing, fo much as he fliould defervc or merit. Will. Dugdale Ar. Quarantine. See Quarentine. Six '* ferbitia Is a Writ. Sec Per que ferviIs a Writ that Slxxnre wcit infra tia. SIV& plltra Was a Writ that lay where an In- licth for a Leffcc, where he is caft out of his

had been made by an Efchcator in any County, of fuch Lands or Tenements as any Man died feized of, and all that was in his Poflfeflion was imagined not to be found by the Office the Form whereof fee in Reg. Orig. fol. 293. and in B. fol. 255. It differs from the Writ called F. Melius inquirendum, according to the fame Etzherbert, becaufc this is granted, where the Efchcator formerly proceeded by Virtue of his Office and the other, where he found the firft Office by Virtue of the Writ named Diem claufit extremum. Seethe New Book of Entries, verbo Queplura. The Form fee in Reg. of Writs, fol. 293. and in Fitz. Nat. Br. f. 255. This Writ is now made ufclefs by taking away the Court of Wards and OfAnno 1 2 Car. 2. c. 24. fices toll mortem. of Pejfiiuaella, An Indulgence, or Rcmiflion nance, cxpofed to Sale by the Popes of Rome, who by this Craft had their great Gain ; the ReCirca tailers of them were called Quxftuarii.
quifition
;

before his Term be expired, againft the Feoffee or Lcflor that ejected him :*And it differs from the Eject jone firms, becaufe this lies where the Lcffor, after the Leafc made, infeoffcth another, which ejeftcth the Lcffee : And the

Farm

Ejeclione

firme licth againft any other Stranger that ejects him. But the Effect of both is all one., that is, to recover the Refidue of the Term. F. N. B. 197. Reg. Orig. fol. 227. and the fol.

New
num.

Book of Entries, verbo Quare

ejecit

infra termi-

JSlUare ^Impeoif Is a Writ that lies for him that hath purchafed a Manor, with an Advowfon thereto belonging, againft him that difturbs him in the Right of his Advowfbn, by prcfenting a Clerk thereto when the Church is void; And it
differs

Vrtdicatores quaeftuarios quunt in fmgulis Parochiis

babent Brevia qua rel'mquibus continentur tot emant illas quxftas \ro modico pretio indulgenti*. Opus Tripartitum apud Fafcic. Rerum. Append, pag. 227. So Qu*ftionarii in Mattb. Wefiminfier fub anno 1240. Stntnne non tnbenit nlegium Is a Return made by the Sheriff upon a Writ direftcd to
in

from the Writ called a Darrein: Preferment, Affifa ultimo pr.tfentationis, becaufc that lies where a Man, or his Anceftors, formerly prefented ; and this for him that is the Purchafcr himfclf. Sec the the cf the Terms

Law.

Old Nat. Brev.

c.

cap. 6. Britton,

Reg. note. That where a Man may have an Affife of Darrein Prefentment, he may have a guare Impedit, but not contrariwife. See the New Book of Entries on this Writ. Brail. Jib
Orig. f. 30.

Expofitor cf BraB. lib. 4. tract. 2. fol. 27. 92. and F. N. B. f. 32. and

And here

4.

TraB.

2. c. 6.

N. B.

fol.

30.

and Weftm.
that

him, with

this

Condition infertcd, Si A.
F.

fecerit

cap. 5.

B. fecurum de clamore fuo profequendo.

38. fltuaeHionArii

N.

B. fol

SEiliare innimb^abit Is a Writ gainft the Bifhop, who, within fix

lieth a

Months

after

carried Indul- the Vacation of a Benefice, conferreth it upon his Clerk, while Two others are gences from Door to Door, defiring Charity either contending in for thcmfelves on others. Mattb. Wefim. Anno Law for the Right of prefenting. And here 1240. tells us, that the King terram fuam per note, This Writ always lies depending the Plea. &c. permit- Old Nat. Brev.f. 30. F. N. B. g. 48. and Reg. 0depauperari, papales Quaeftionarios
thofe
tit.

Were

who

rig. f. 32.

a Writ that lay for the Lord againft his Techafe, as bareditas Aut babet b*re- nant being his Ward, who after convenable 'Tis fo in Glanvile, lib. 7. cap. I. offered him, marries another, and enditatem tantum, vel quxlhim tatitum, aut heredita- Marriage ters neverthelefsupon his Land, without Agreetem quseftum. ment firft made with his Lord and Guardian. .liale jug Was a Writ judicial, that lay But all taken the Stais

jfEJltseffue

Is

that which a

hath by Pur what he hath by Dcfcent

Man

fflluare
Is
:

tnrrufft

matrimonii)

non

faftfa<to

&

where a Man of Religion had Judgment to reco ver Land, before Execution was made of the Judgment; for this Writ did go forth to the EC cheator, between Judgment and Execution, to inquire whether the religious Pcrfon had any Right to recover, or whether the Judgment was obtained by Collufion between the Demandant and the Tenant, to the Intent, that the true Lord were not defrauded. Sec Weftm. 2. cap. 32. The Form of this Writ you have Reg. Judic. fol.
8, 16,
1

Wardships being

tute
lefs.

2 Car. 2. cap. 24. this Writ

away by is become ufe-

.Uflre non aCmiGt Is a Writ that lies againft a Bifhop, refufing to admit his Clerk that hath recovered in a Plea of Advowfon. F. B. /. 47. and Re?. Orig. f. 32. See the New Book of Entries, verbo Quare non admifit. Slime nan HTtmrfit Is a Writ that lies for one that has Right to prcfent for a Turn

againft

7,

&> 46.

And

161.
jus.

See the

New

Nat. Brev. fol. Book rf Entries, verb, Quale

in the Old.

the Proprietary.

Fleta,

lib.

5.

cap. 6.

SlXlAXtl, Querela, a querevdo, and extends not only to A&ions perfonal, but alfo to mixt, and

the Plpintitf in them is called Querens, and in the Piu (t btne ppffmt Is a Claufe often mod of the Writs it is faid Queritur ; fo that if a ufed in Letters Patent of the Grant of Offices, as Man releafc all Quarels, (a Man's Deed bein in thofe to the Banns of the Exchequer, which muft taken moft ftrongly againft himfelf ) it is as bebe intended only as to Matters concerning their neficial as all Actions, for by it all Actions real Office ; and is nothing but what the Law would and perfonal are rcleafed. Co. lib. 8. _//. 1 53. and have implied, if the Office had been granted for Co. on Lit. lib. 3. c. S.feB. 511. Co. 4 Injl. fol. 1 ] 7. Life. JA'areilKiW, Quarentina, Is a Benefit allowed .uanf um meruif , That is, How much he has by the Law of England to the Widow of a Man defcrved, Is an ASion of the Cafe lb called, dying feized of Land, whereby fhe may chal-l grounded upon a Promife to pay a Man for do- lenge to continue in his capital Meffuage, or 4 chief

.nam

QlU
be not a Caftlc) by the Space of Forty Days after his Dcccafc. BmHon, I. 2. c. 40. And if the Heir, or any other attempt to ejefl her, fhe may have the Writ De F. N. B. f. 161. Maneat viiua quarentir.a babenda.
chief Manfion-houfc, {Co
it

QU
Quarter of a Year. How far the Jurifdiclion thereof extendeth, fee Lamb. Eiren. lib. 4. and Smith de Repub. Angler. Fib. 2. cap. 19. To which

in Capitali Mejfuagio mariti fui per quadraginta diet

pofi

firum.

much farther. The holding thefe Sefpons quarSec Britton, c. 103. terly, was firft ordained by the Statute 25 Ed. 3. and Fleta, lib. 5. cap. 23. Skene de verborum fig- Stat. i.c.S. verb. Quarentena viduarum, derives this ^auarfilnt0 I* a Word ufed in Heraldry, and ttif. Word from the French Quarefme ; who alfo have Signifies quartering of Arms, or dividing them into

obitum mariti fui, infra tjnoi diet affignetur ei dot, nili prius ajjignata fuerit, vel niji damns ilia fit ca-

you may add the feveral Statutes of this Realm, by which its Power is greatly incrcafed Originally ir fcems to have been ereftcd only for Matters touching the Peace, but now it extends
:

Magna

Charta,

c. 7.

this

to

Widows

Cuftom called La quarefme des vefues, granted Four Parts. Knighton, Anno 1347. Vexilia Rrpii after the Dcceafc of their Husbands. Angli* quartilata de armis Anglit Qf Francit tle-

Quarentene aXCo fignifies a Furlong, being a Quan- vantes. iSU-iUlQj, Quajfare, Cometh of the French Word tity of Land containing Forty Perches, and fo haply derived from the French Quarente, Forty. Quajfer, id eft, cajfum facere, to overthrow or In a Charter of Withtaje, King oT~the Mercians, annul. BraSon, 1. 5. trait. 2. c 3. nu. 4. As if the mentioned by Ingulphus, wc have thefe Words. Bailiff of a Liberty return any out of his Franchife, the
dine

Quatuor carucatas terra arabilis continentes in longitu8. quarcntenas, Op 8. quarcntcnas in latitudine. Quarentine is alfo the Space of Forty Days, wherefrom Foreign Parts, inin any Perfon, coming fcfted with the Plague, is not permitted to land, or come on Shore, until fo many Days arc expired. ;Sttuarntina IjauenDa Is a Writ that lies for a

Array jbaU be quafhed.

And

Co.

on

Lit.

fol.

156".

An Array

returned by one that hath no Franchife

fbaU

be quaflied. tnooo iiltiaft

&nnDap, Low Sunday, or the

from the firft Mafs on that the Date of old Re-

next afrcr

Words of
Day.
cords.
It

fo called Fafier anciently the Introit or Hymn for

occurs often in Carta Gilbert! Priaris de

Widow
175.

to

Anno 1255. This folemn Time in fome Deeds was expreflcd by the initial Letters, Q^ M. Swho having a Liberty to pafs through his NeighSHu.iffrtlio, Quaternus, A Book, or Volume, bour's Ground, cannot enjoy his Right, for that properly in Quarto, or with each Sheet folded the Owner has Co flrengthened it. Anfelmus pr&cepit quatenut Fleta, lib. 4. into Four Leaves. I C. 26 feci. Item (i minus. quaternioncs in quibus ipfiim opus tonjeceram, deftrue -votatis verbis ejus quaternioncs iiarcria and jSHuare ra, a Quarry of Stone] penitus rem ip-Prtterea dedi eis Turbariam, &P Petrariam & fas deftruxi, Us quibus firipti erant aliis quaternion iQuarcriam, ubicunaue invenire poterint in territorio bus prima infcriptii. Eadmeri Liber de vita Anfelmi vi/U de Hepp, &*; Mon. Ang. Par. 2. fol. 595. b. apua Vfha.rtoni Angl. S*cr. P. 2. pag. 182
2Huare obQrurit
Is

enjoy her

Quarentine.

Reg. Orig.

fol.

de Sherburn dat. foflridie Pefti Qiiafi

Eynpam Prior} modo geniti,

a Writ that

lies

for him,

In

toto ilk hofco turn

Querera

in

ilio

contenta,

Cum

Evanpelio fohannis

manibus

propriis fcribendo

ad Ecclefiam nee claufo quaterno una cum quadam placea bofci, qu& vacatur, &c. Reg, operam daret. Girald. Cambrcn. ibid. nee folio completo Prior, de Wormefly, fol. 43. fefiinavit. Surtoots or Upper-Garments, pag. <$3 J. fliuarteloiS, with Coats of Arms quartered on them, the old Habit of our Englijb Knights, in their military Plurima hie prteful pairavit figna flupendus, Milites quidem ftiper armatura Expeditions. Qu* nunc in chartis fcribuntur ritt quadratic
eotucas induerunt vocatas

quartelois: Armigeri vero indumenta bendas habuerunt. Tho. Walfingham in So in Petrus Blefenfis Epifi.

19.

Quinque bujus

tiovl

Ed.

2.

p.

114. Sec Cotuca.

operis

quaternos
it

mitto.

Quarter,

make
cap. 4.

the

Quartcrium, Eight Bufhels Quarter of Corn. Anno 15

ftriked
Rich. 2.

:SHuatm>niesi of

a?mr

Pan,

being a

Tax of

:Fr. Quatriefme.a. fourth the fourth Penny for all

felera, traBioni, fufpendio, decollation'/, exentera- cap. 2. fol. 10. and Coke, lib. 4. Copyhold Cafes, &> quarterizationi, ut ufu vnlgari hquar, ad- fol. 23. b. The Word is derived from the Saxon 'tidicavit. Cvien, i. c. uxor, or the Wife of any one, but propjffiluartersSeffions Is a Court held by the ter exeellentiam the Wife of the King only, and therefore fhe was anciently called the Kind's Jufticcs of Peace in every County once
tion!

ma

Wines retailed. flj.tiecbu,20, Anno\-] E. 4. c. 2. A kind of Game uarferifo;, To be quartered, or cut into Four Perchance rhe Fecit decoliari &P mem- prohibited by the fame Statute. Quarters in Execution. with that we now call Shovel-board : And it bratim dividi, &> quarterifari, &* caput ejus fame quarterias ad regni certas civitates tranfmitti jufftt. may be Quecborde quafi Quhkbord, becaufc the Artie. Riehardi Scropc Archiep. Ebor. apud. Pieces wherewith they play run upon the Table with great Celerity. Angl. Sacr. P. 2. p\ 266. fflliiarterinni Is a Meafure of Corn, confiding ueen, (Regina) Is either fhe that holds the of Eight Bulhcls. Fleta, lib. 2. c. 12. Quartcrium Crown of this Realm by Right of Blood, or fhe that is married to the King, which laft is called fritmenti conflat ex 0B0 BnffeUis. aHuartirium Uiini Is the fourth Part of a Year. Queen Canfort. In the former Signification, fhe is Matt. We/fm. Anr.o 1 2 59. Decimas de Ringeldon, &e. in all Conftru&ion the fame that the King is, and In the later per unum fere Quartcrium Anni in- has the fame Power in all RcfpcSs fequeffravit, taflas retinnit. fhe is Inferior, and a Perfon exempt from the luartf ri3atio Is Part of the Punifhment of a King ; for fhe may fue, and be fued in her own Traitor, by dividing his Body into Four Parts. Name: Yet what fhe hath is the King's, and Walfingham in R. 2. Auditum &> confeffum turpifft- what fhe lofeth the King lofeth. Stiiundf. Prarog.

&

&

every

-l

Qj?**'>

Queen
for a

for the Weft-Saxons had no other Name Complainant, and his Brief, Complaint or DeWife. After de claration, was Querela, whence our Quarrel aQueen than the King's Matt. Weftm. ,<4w<> gainft any Perfon. Quietos ejfcaquerelisvia.su> Mlfredi rebus, &c. pag. 3. be exempted from the cuftomary Fees paid to the 854. She was alfo called Lady from the Sax. HUfdia,\ King or Lord of a Court, for the Purchafc of LiButjnore ufually as may be feen in fevcral Saxon Charters, and bcrty to prefer fuch an Action. Two of Queen Edyth, which are to be exempted from Fines and Amercements, particularly in now in the Church of Wells, viz. Edyth, the Lady impofed for common Trefpafles and Defaults. to great Earl Harold my Brother ; and in Hun- So King Henry 2. to Bernard de S. Walery Mer i* Domina Rex terra fu* fint quiet* de omnibus placitis & querela ex Lib. 5. Edelfteda tingdon, Paroch. Antiquit. fag. excellentiam mirifeationis ceptis murdredo &P latrocinio. laudem vacatur, ad
;
! ' I
;

&

fu<e.

123. See

Mr.

fittuerrla

ccuam Kege contiiio oifcutienDa 9 Writ whereby one is called to j&urfll (fffolu, {Aurum Regime) Is a Royal Du- juftify a Complaint of a Trefpafs made to the to every Queen Confort, King himfelf, before the King and his Council. ty or Revenue belonging during her Marriage to the King of England, both Reg.Orig.f. 124. 4a.ueriif3, Cborijla, a Choriftcr, Querifter, or by Law, Cuftom and Prcfcription, payable by di- Boy that fings in the Quire. In feeundo veto fundry Perfons in England and Ireland, (upon item in tertia vers Grants of the King) by way of Fine or Obla- gradu fubtus (lent Vicarii, Diaconi to wit forma pueros qucriftas prtcipimus coUocarl tion, amounting to Ten Marks or upwards ; one full tenth Part above the entire Fine, as Ten Prynn Colleil. Tom. 3. p. 327. ueffa, A Quefi, or Inqucft, Inquifition or Pounds for every Hundred Pounds Fine, upon Pardons, Contracts or Agreements; which be- Enquiry upon the Oaths of an impanelled Jury. Nee regnaverunt in diebus fuis Perjuratores in comes a real Debt and Duty to the Queen, by the Name of Aurum Regin*, upon the Party's bare qucftis &> ajjijts Jicut nunc. Joh. Capgrave de vita Hen. Spenfer Epifc. Norwic. apud Angl. Sacr. P. 2. Agreement with the King for his Fine, and rePromifc or Contract for pag. 3 (Jo. it, without any cording
ViHrix nature, nomine digna
viri.

Elfieda potens,

terror virgo vircrum,

See

Kennet's Gloflary. fmfcse (0}tix Is a Writ of frejh Force.

frejh Force.

tftturtla

rrrmiuantia, Is a

&

fpeaking of Lands, faith, Aut babet hareditatem tantum, aut qneftum tantum, aut hxredita&P queftum. \tem SHutUUB ffl nobis Is the Form of a Writ of Virtue whereof he prefented, &>c. Bro. Tit. Que] f 175, 176. New Book of Entries, verb. Que Nufance, which by the Statute 13 E. 1. cap. 24. Efiate, lies againft him to whom the and Co. on Lit. fol. 121. Houfe, or other Efiate, breeds the Nufance, is alienated ;.tie Ed nitfmf Signifies Verbatim, Whih is the Thing that whereas before the Statute, this Action lay only fame Thing, but is ufed in a legal Senfc as a Word of Art in an Action of Trefpafs, or fuch like, for againft him that firft levied the Thing to the a pofitive Justification of the very Aft complain- Annoyance of his Neighbour. See the faid ed of by the Plaintiff as a Wrong. For Example, Statute. <&uia itruyobiue Seems to be a Superfedeat in an Action upon the Cafe, the Plaintiff fays, That the Lord thrcatned his Tenants at Will in granted in the Behalf of a Clerk of the Chancefuch fort, that he forced them to give up their ry, fued againft the Privilege of that Court in Tenures. The Lord for his Defence plcadeth, the Common Pleas, and purfued to the Exigent, That he faid unto them, That if they would not or in many other Cafes where a Writ is erronewould fue them at Law This being oufly fued. See Dyer, f. 33. n. 18. depart, he fiiuin juris clatnat Is a Writ Judicial, iffuing the fame thrcatning that he ufed, or to fpeak arout of the Record of the Fine, which remaineth tificially, que eft le mefme, the Defence is good. Of this, fee Kitchin, cap. Qve efi le mefme, fol. with the Cufios brevium of the Common Pleas, before it be engroflcd ; and it lies for the Grantee 236. jekUfW rcfcDttum refiflat Is a Writ Judicial, of a Reversion or Remainder, when the partithat lies for him to whim a Rent-feck or Rent- cular Tenant will not attorn. Wefi Symbol, part 2. Tit. Fines, feft. 118. Reg. Judic. 36, 57. and charge Js granted, by Fine levied in the King's the New Book of Entries on this Writ. Court againft the Tenant of the Land that refuSHaiO p^O qilO Signifies verbatim, what for feth to attorn to him, thereby to caufe to atOld Nat. Brev. fol. 1 26. Weft Symbol, part 2. what, and is an artificial Speech, Signifying as torn. Tit. Fines, feft. 156. and the New Book of Entries, much as the Greek evvdhrwyn* among the Civilians, which is a reciprocal Performance of both verb. Quem redditum reddit. uereta, An Action preferred in any Court Parties to a Contract; and thereupon the giving of Jufticc, in which the Plaintiff was Querens or of one Thing of a Value, for another Thing of
!

Lib. Nig. Scac. pag. this tenth Part exceeding it. 43, 44. Coke's 12 Rep.fol. 21, 22. and Pryn'sTraBate on this Subject, per tot. jElllf ftatf, Tranflatcd verbatim, Signifies it is a Plea, Quern Jlatum: In our common Law whereby a Man intitling another to Land, ?S-c. faith, That the famcE/fofc he had, he hath from him : For Example, in a Quare Impedit, the Plaintiff ailedges, That fuch rour Perfons were feized of Lands whercunto the Advowfon in Queftion was appendant in Fee, and did prefent to the Church, and afterward the Church became void que efiate del, &c. that is, which Efiate of the Four Perfons he has now during the Vacation, by

lueffilfr, Or rather S&UasffUflf, A qu*n, to feek or get, is taken for that Land which does not defcend to us by Hereditary Right, but is gained this we call by our own Labour and ;

Induftry In Lib. Ranus fub Stepham Rege confript. feet. 140. fub Tit. Qutftus JEdnothi qu'ifioruit tempore read thus, Erat Reg. JEthelredi, iHis diebus quidam JElfftanus babens duas hidas apud
Purchafed Lands.

We

Stapleford, qua s frater JEdnothus numeratis eidem centum folidis argenti, qucftibus/m in
reliquis

pojfef7.

fionem Ecclejia Remenfis adjunxit.

cap.
1.
'

Glanvilc,

lib.

like

**

Q.U
like Value, us 10
//'.

au
&c. KitMn, fol.
at their

for a Horfc,

184.

luietantia Sflifarum fuper afJDfam. bac verba Johannes Stanley clamat quod ipfe 6* having a Navy for palling into Normandy to recoIn Afltfis, Jurat, ver that Dukedom which he had loft. tenentei And Thorn refidentetful non ponantur Plac. in Itin. apud Cefir. 14 tells us how many Ships each Port was to nee magr.ii Affifis. provide,

the Per the

own Charge for Forty Days, as often ai King fhould have Occafion for them in Wars, he being then under a Neceflity of

&

H.

7.

viz.

ufftantia feet*, ^unCtcDi 9 Mitchmote. Per bac verba Johannes Stanley Arm. clamat quod non teneantur venire ad curiam Ipfe 6P tenentei fui See Acquietantia. Plac. ubi fuprn. tfiam. JStaietmtia, Acquietantia, A Quittance, Acor teftimonial of Receipt. quittance, HQuirfarf, To quit, acquit, or difchargc, or
fuvc harmlefs. The common Form of Donation or other Conveyance.
diilis

Hafiingi Twenty-one, and in each Ship Twentyone Men, cum farcont ad quern pertinent tanquam membra unui vicui in Seford,
Pevenefey,

Hedney,

Wincbelfea, Rye,
Forthclipe.

Hamlne, Wakeiborn, Crenetb and

Romney, Five Ships with Cordage, and in each Ship Twenty-four Seamen, ad quern pertinent, Bromin old Deeds bal, Lyde of Marfione, Bungemuret, St* vicui Rt-

Be

prx-

menbale*

Not

fiP

baredei

Noftri

quietabimus

dittos,

Hytbe

Five Ships, and in

each

&c.
Sl\Httt fl&marr, To quit claim, or renounce Pretention of Right and Title. Quleta clamatlo, Such Quit claim or Aft of Renunciation. Ricbardut Be una virgata terra in Mixcbury Qp Aldreda remiferunt &> quiete clamaverunt de fe fie haredibui Aldrede pradi&o Abbati {de Ofenet) pro bac autem remlffione quiete Sticceflbribus full xxx fol. concordla idem Abbas dedit clamatione Paroch. Antiq. p. 220.
all

Seamen, ad
tinet

Twenty-one
ad
quern per-

quern pertinet Wefimetbe. Bover the like Number as Hafiingi,

Folkfion,

&

&

UietU0, Quiet, freed, acquitted, Is a Word ufed by the Clerk of the Pipe, and Auditors in the Exchequer, in their Acquittances or Di

conclucharges given to Accountants ; ufually ding with an abinde recefftt quietus, which is called a Quietus efi, and mentioned in the Aft Of General
12 Car. 2. 11. and 14 Car. 2. cap. 21. A Quietus efi granted to the Sheriff, lhall difchargc him of all Accounts due to the King. 2 1 Jac.
Pardon.
5.

Feverpam, Margate. Sandtulb the like Number with Hytbe, ad quern Sec a Capertinet Fordtvice, Re<ulver, Serve, Bale. of the Lord Wardens of the Cinque Ports talogue at the End of Mr. Somneri Treatife of the Roman Ports and Forti in Kent, 8vo, Oxford 1693. "> which Difcourfe there arc many Authorities and Obfervations relating to the Antiquities and Cuftoms of the Cinque Ports. jElumqmnal oifmc fignifics a Tenth of all Goods for Five Years fucceflively. Uitlfietne or utn3tmf, (Becima Quinta) is a French Word, fignifving a Fifteenth with us it is a Tax, fo called, becaufe it is raifed after the Anno 10 Fifteenth Part of Mens Lands or Goods. R. 2. c. 1. and 7 H. 7. c. y. See Fifteenth and Tax. It is well known by the Exchequer Roll, what e;

cap.

Uietu.0 reDUifUB A Rent-quit, or fmall Acknowledgment paid in Money, fo called becaufe fuch Payment did acquit the Tenant from It was all other Service or Duties to the Lord. fometime called White-Rent, becaufe paid in SilSee Quit-Rent. ver, or ready Money.

very

Town

throughout England
this

is

to

&uinquau*ftma dunoap

Is

that

we

or ufed for the Fifteenth Day after any Feaft, as the Qmnzime of St. John Baptifi. Anno 13 E. 1. in thcPreamble. See Fifteenth. It is a Miftake that this was a Tax of the Fifteenth Part of all Lands, for it was of the Goods only, and it. call was firft granted by the Parliament, 18 Ed, 1.
Fifteenth.

Sometimes
is

Word

pay for a

Qulnfime

Qulnzime,

Shrove- Sunday, and was Co named, becaufe it is a- vix. Compotut quint* decinue Regi, Anno 1 8. per Arbout the Fiftieth Day before Eafier. The Rca- chiepifcopoi, Epifcopot, Abbatei, Prlorei, Comitei, Bafon of the you may find in Burundi rationa- ronet fip omnes allot de regno, de omnibut bonis fuit o-

Name

Bivinorum, capit. de quinquagefima ; and we mention it here, becaufe they are frequently fpoken of in our ancient Law Writers, as Britton, 33. and divers others. jfiauinmif ?>0^rujB, The Cinque Ports ; which
li

: The City of London paid this Year for the Fifteenth. 2860/. 13/. 8 d. and the Abbot of St. Edmondi 666 I. 13 /. 4</. which was by Com-

hilibui conrejfe

and thereupon had all his temporal Goods, and the Goods of his Convent difcharged The way of Collecting it was, are, 1. Hafiingi, 2. Romney, 3. Hytbe, 4. Bover, of the Fifteenth and 5. Sandwich. To the firft, Wincbelfea and by Two Affcffors appointed in every County by Rye belong, which are reckoned as Part, or the King, and they appointed Twelve in every Servitium quod Hundred, who made a true Valuation of Members of the Cinque Ports. every Baronei Quinque Portuum prtferiptorum recognofount Man's pcrfonal Eftate, and then caufed the FifPart to be levied. f. 11 ere ad fummonitionem Regii per Annum, fi conti-\ teenth ita quod i.e. a. Mile: Sometimes 'tis called Uinta, ger't per 15 diet ad cufium eorum proprium ; primus diet computatur a die quo vela nr.vium erexe- Quintum miUiare ; Civltatem Cenomanenfem pofftdeat runt, 11f que parte 1 ad quai tendere debent, vel ul- cum tota quinta llbere Of pa.if.ee. Pryn, in Lib. See Ecclefi* Angli*. 3 Tom. p. 35. terlut quamdlu Rex voluerit ad cufium ejus. tiintal, Quintallui, A Weight of Lead, Iron, Cinque Ports. Cambden tells us, that Kent is accounted the and common Metals, ufually one Hundred Vnut quintallus Key of England, and that William the Conqueror Pounds, at Six-fcorc per Cent. was the firft who made a Conftable of Bover Ca- ferri vel aceri qui continet ix petrat &* dimid. lib. valet ftle, and a Warden of the Cinque Ports, which ix t. &P fie valet qualibet petra xii den. qualibet libra he did to bring that County under a drifter Sub- 1. den. Regul* Compoti domus de Farendon. to his Government but King John was MS. jeftion the firft who granted the Privileges to thofe Ports, ffiuinfanf , Quintana, French Qulntayne &> Bewhich they ftill enjoy However, it was upon fant, a Kind of Exercife that young Men did, Condition that they fhould provide Eighty Ships and ftill do ufe in fome Places of this Nation, to
pofition,
.*
,

try

au
fcrvation,
viii'i)

au

forma (ut femel aliquando ptte- Deforceor. See Bro. hoc titulo, Reg. Orig. fol. 155. Ercfta trabi pertica incumbit ver- and the New Book of Entries, verb. Quod permituna fine peram dimittem arena gravidam ; alte- tat. fatilii flluot) $erfona ncc ^ebenfiarii, $ r . Is a Writ ro iabulam afftxam, qua dum a currenti equ'ite fortius that lies for fptritual Perfons that are diftrained impeU'ttur, pera violentius rircumatta, impeUeniis hafia coUum (tii citacius evaferit) fortiter verberat. But in their fpiritual Poflcflions, for the Payment of what it was anciently, Mat. Pari/, in Hen. 3. a Fifteenth with the reft of the Parifh. F.N. B. thus delivers, En tempore fol. 176". fub initio, Anno 1253. JSHUO 3|UTe Is a Writ that lies for him that Lond. ftatttto pavone pro Bravio ad ftadium, juvenes f e- has Land, wherein another challengcth Common vulgariter dicitur, vires proprias quod quintana It was at firft a Roman of Pafture Time out of Mind And it is to comquorum curfus funt experti. moft pra- pel him to lhew by what Title he challenges it. military Sport, and is ftill retained and Sifed in thofe Parts of England which lay adja- F. TV. B. fol. 128. and Britton more largely, c. 59. See a Reg. Orig. fol. 156. and the New Book of Entries, cent to the Roman Garrifons and
"Ejus

of the Country Youth. Spelman died foiled of Common of Pafture, or other like cry the Agility in his Gloffary dcfcribcs it thus from his own Ob- Thing annexed to his Inheritance, againft the
rulus

bee

eft,

Ways. in Mr. Kenlarge Account of this cuftomary Sport

net's

verbo

Paroch. Antiquit. p. 18. jQuinf Cjtact, Quinto ExaBus, 31 Eliz. cap. 3. Is the laft Call of a Defendant, who is fued to the is by the Outlawry, where, if he appear not, he of the Coroners returned Outlawed ; if Judgment a Woman, waved. See Exigent. JSnuitWftm. See Quinfieme. ;.Uiflxon, i. e. a Beggar ; from the French
that from the Lat. Quarere. Quefteur, and j&Uite'Claiitl, Quieta clamantia, Is a Rcleafe or Acquitting of Maii, for any Action that he

Is a Writ that lies for him that hath a Grant of Houfe-bote and Hay -bote in another Man's Woods, againft the Grantor, making fuch Wafte as the Grantee cannot enjoy his Grant. Old Nat.Brev. fol. 148. and Kitchin, fol. 178. This

Quo jure. UO minU0

Writ

alfo lies for the King's Farmer in the Exchequer, againft him to whom he fclleth any Thing by way of Bargain touching his Farm, or againft whom he hath any Caufe of pcrfonal Attion. Perkins Grants, 5. For he fuppofcth by the Vendee** detaining any Due from him, he is made lefs able to pay the King's Rent. And under this Pretence, any one who pays the King a Fee-Farm Rent, may have this Writ againft a ny other Perfon for any Debt or Damage, and bring the Caufe to Trial in the Exchequer. luo?um Is a Word often mentioned in our Statutes, and much ufed in Commiffions both of of the Peace, and others, and fo called i-om the Juftices Words in the Commiflion, Quorum A. ur.um effe volumus : As for Example, Where a Commiflion is directed to Seven Perfons, or to any Three of them, Whereof A. B. and C. D. to be Two, there A. B. and C. D. are faid to be of ths Quorum, becaufe the reft cannot proceed without them ; fo a fuftice of the Peace and Quorum, is one without whom the reft of the Juffices in fome Cafes cannot proceed. Anno 3 H. 7. cap. 3. and

hath, or might, or may have againft him. a Quitting of one's Claim or Title. Bra&on,
tratt.
5. 1.

Alfo
lib.

5.

cap. 9.

num.

6. lib.

trait.

6.

cap.

13.

num.

JSHuit'fient, Quietus redditus, Is a certain fmall Rent, payable yearly by the Tenants of moft

Manors
quit

upon the Payment whereof they are and free, till it becomes due again This in ibme ancient Records, according to Spelman, is
; :

written White Rent, becaufe paid in Silver. Hither may be referred what we find in Lambard's the Tenants of Itinerary, pag. 212, concerning CMft-Churcb in Canterbury dwelling without the

Weald.

De tedditu 7 s. 6d. De viginti ovis o s. id. De Gattinis

& Benertb

os. i6d.

32 H.

8.

cap.

43.

The Sum of the whole

8 s. d. Quit-Rent is fie Cancellaria Is a of the Chancery from the Contribution towards the ProQors of the Clergy in Parliament. Reg. Orig.f. z6i.
jBTUioo Clerici benefinati Writ to exempt a Clerk

;uou

Clcrici

non

eliftantur in iJDfficio U5aIIi=

bi, C Is

a Writ that lies for a Clerk, which, by reafon of fome Land he hath, is made, or in doubt to be made Bailiff, Beadle, Reeve, or fome iuch like Officer. See Clerico infra facros, &>c.

Reg.

N- B.fol. 261. Writ that lies for the Tenant in Tail, Tenant in Dower, or Tenant for Term of Life, having loft by Default, againft

Orig. fol. 187. and F. filUOD n 3?ffc,2trat Is a

him

that recovered, or againft his Heir. Broke, hoc Tit. Reg. Orig. f. 171. and the Book of Entries, verb. Quod ei Deforceat.

flluogum nomina. In the Reign of H. 6. the King's Collectors and other Accountants were much troubled in pafling their Accounts, by new extorted Fees, and forced to procure a late invented Writ of Quorum nomina, for Allowance of the Barons of the Cinque Ports, and their fuing out their Quietus at their own Charge, without Allowance from the King. Chron. AnglU. MHO ZEUarranfO Is a Writ that lies againft him thatufurps any Franchife or Liberty againft the King, as to have Waif, Stray, Fair, Market, Court-Baron, Leet, or fuch like, without good TiOld Nat. Brev. f. 149. Or elfe againft him tle. that intrudeth himfelf as Heir into Land. BraBon, lib. 4. tract. I. cap. 2. num. 3. Bro. hoc Tit. 18 1. Stat. 2 &> 3. &> Anno 30. . ejufdem.

See

And

the

New

New

Book of Entries, verb.

Qyo War-

ranto.

;.U0D
Servitiis.
ffiiUOO

non

permittat.
Is

See Confuetudinibus

&

;.U0ra,

A Tax

equal Manner.

or Impofition to be levied in Et quod null* impofitiones, cont ali-

Carta quant alienigenis aliquo modo impar.antur. Heir of him that is difleifed of his Common of R. 2. in Mon. Angl. Tom. pag. 538. Pafture againft the Heir of the Difleifor being )8HupbC Was anciently ufed for a living or dead. Termes de lay hey, 52$. Britton, cap. 8. fays quick Beaft, as appears by the Will of JJm That this Writ lies for him, whofe Anceftor Bracebridge of Kinnersbury Efq; dated j E.S. wherein
it

nprmiffof

Writ

that lies for the

tributiones, taxa, quotae, tallagia vel auxilia ipfts

RA
it is

RA
Jhouldbe taken

in the

appointed, That his bejl Name of his Mortuary.

Qnyke
:

Haonoj.
Baffiiiaflf,

Sec Magi.

of a Oiir Is the Hounds Fee, but what Part it is wc arc unfatisficd but if we may denote the Heart. And guefs, wc think it may from the French then doubtlcfs a Word
<EI)

uire

Coeur.

corrupted Skynncr's Etymologicum Ling. Angl.

/. . Refining. IBagalfia ff rrx, 1 1. A (ingle Furrow of Land ploughed in a (trait Line. Wacjtman Is a Statute Co called of Jnfticcs, affigncd by Edward the Firtt, and hi* Counfel, to go a Circuit through all England, And to hear and determine all Complaints of Injuries done within

Five Years next before Micbaelmat, in the Fourth Year of his Reign. Waglo.'ia Is a Word mentioned in the Charter called Litera canina, the Dog's Letter ; of Edward the Third, whereby he made his Elbecaufc it has a jarring Sound, fuch as deft Son Edward Prince of Walts in Parliament at fnarl ; and Pomponius Dogs ufe when they Wefiminfier the Seventeenth Year of his Reign, That it was firft invented by App. Clau- recited by Selden in his Titles of Honour, pag. 597. writes, See Vocab. utriufqut Cum Forejlis, Pants, Cbafeis, Bofcis, Wadius, in L. 2. de Orig. Jur.

R.

RIs

juri

re-mis,
j

Hundrtdis,

Comotis,

Ragloriis,

Ringeldiis,

Ut etiam Caudas racharum vefiibut ejus Wodewardis, Confiabulariit, BaUivis, Qfc. Davit in read vaccarum. Malmsbury, lib. z. the his DiBionary fays, That Rbaglaw among affigerent, Dce IKacllff, Rachetum, or Cas Skene) Raihatum, fignifies SenefcbaUus, Surrogatus, Prtpofiijh rived from the French Ra< hater or Racbeter, redi- tut. mere ; it is the fame Thing with Tbeftboote, which BafllnjlUS, i. e. A Steward. Selden, Tit. of Hois the Compcnfation or Redemption of a Thief, \nour, f. 597. Cum bundredit, commotis, ragloriis, RenRachetum efi tbiefbute vel redempiio capta pro venditione geldis, Qfc. Skene vel aliorum malefaHorum. IRaiimail'jBf 1&IT, (reHiut Ragimund's Roll,) fo furum, latronum called from one Ragimund, a Lcgat in Scotland, de verb- fignif. verb. Racbetum. fiadjimburSN ' e. Judges. Leg. Canati, cap, who, calling before him all the beneficed Pcrfons in that Kingdom, caufed them, upon Oath, to 10 So called, becaufe Pcrfons are give in the true Value of their Benefices, accordIRacfe, Fidiatla, there tortured ut fides inveniatur. An Engine in me to which they were after taxed in the Court the Tower with Cords and Strings to extort Con- of Rome. This Roll, among other Records, being fcfiion from Delinquents : John Holland Earl of taken from the Scots by our King Edward the Sixth created Firft, was re-delivered to them in the Beginning Huntingdon was by King Hry the Duke of Exeter, and made Conftable of the Tower r] of Edward the Third's Time. Ragemans and He and William de la Poole Duke of Suffolk, and o- Blankt to be burnt. Cott. Records, fol. 364. Sir thcrs, intended to have brought in the Civil Richard Baker in his Chronicle, /. 127. faith.That Laws ; for a Beginning whereof, the Duke of .Edward the Third furrendred, by his Charter, Exeter firft brought into the Tower the Rack or all his Title of Sovereignty to the Kingdom of Brake, allowed in many Cafes by the Civil Law; Scotland, reftored divers Deeds and Inftruments of and thereupon it was called The Duke of Exeter'/ their former Homages and Fealties, with the famous Evidence called Ragman t Roll. 3 InJI- 3 5Daugbter. Anno 32 Hen. 8. 14. Is a fe-\ J8atn()UnDf. In the Conftitutions of King Caftattftotntagt. cond Vintage, or Voyage, for Wines by our Mer- nutut, touching the Foreft, Art. 30. 'tis faid, Ichants into France, &c. for racked Wines, clcanfed temde canibus quod Rainhundt vocar.t, a Dog which and drawn from the Lees: From this Voyage our will watch in the Rain. Du Frefne in Verbo cants. Merchants commonly return about the End of JRanuIia, Lopping and Topping, or the Branches, Boughs, or Heads of Trees cut off or blown December, or beginning of January. K ache D, ' Hafty ; from the Sax. Recene, down. Poterunt etiam colpare Sp habere ramiliiSadXt.
'

cito.

am, &P omnia

Domefday Book,

Interpreta- fuerant. tur pro liberis hominibus, as fol. 18. Tit. Glouc. Ber- Ramalia, Hii Radecheniftr. arabant e> bircia-

IRaDftlieniftreP, In

genera arborum qim in eodem manerio Continuat. Hiftor. Croiland, pag. 473.

Broken Boughs. Cum autem in bofcit chclay aliqua fucciderimus, licebiteit fine aliquo ferranoftrit ibidem Tit. Derhurft, mento vel aliqui bavt ad Curiam Domini, intrare, & Ramalia ttjlilio fuccibili dicuntentbant Radecheniftres, i. De terra hujus Manerii qut de Wyveda remanferint, qut Anglice Spren liberi homines, forte (faith Conventio inter Priorem Of Conv. Spelman) fit idem quod tur, colligere. Bra&ano Radcnights. The fame alfo were cal Cant. &> Homines fuos de Chertham,anno 11 66. Reg led Sokemans, and Sochemanni. See Co. on Lit. Eccl. Chrifti Cantuar. MS. penes Rev. Johannem Epifc. Norwic. Etde bofco meo conceffi 10 CarufeH. 117. verb. Socagium, pag. 86\ IRaDruojf, i. e. Tapeftry, fuch as is ufually catas (feRamilio. Monaft. 1 Tom. p. 800. Iftatl, Is a Saxon Word, and fignifies aperta rahanged in a Scnate-Houfe From the Sax. Rad, and Fore, ante. Arcbai. fol. confilium, pina, open or publick Theft. Lamb.

&

Vao>?01il)t

'Tis a Dileafc

which oppreffesone
cito.
lib.

fuddenly
par.
1

From
Is

the Sax. Rath,

WaDiUjj
2.

Part of Hen. 2. fpeaking of fome Things, which William the Conqueror mended in the Laws of fiaoniatl. Dome/day, Tit. Hercfscire, 15. Bordar. ut fi FranciEngland, faith, Decretumeft etiam ibi, CP urms Radman, &V. It fcems ro be the aut murdro, Preppfttus gena appellaverit Anglicum de perjurio fame with Rodeknight, unlefs peradventure it be .furto, bomicidio, Ran dicunt apertam rapinam quod derived from Read Counfel, and fo Readmant fig-Lw,* negari non potefi, Anglkus fe defendet, per quod nifies Councilors. aut duello. So we \meliut voluerit, aut judicio ferri
lKaD-i&nifll)te.

and

it fignifies

mentioned in Fleta, a Furrow.

1. cap.

73

125. defines it thus, Ran dicitur aperta rapina, qu* In the Saxon Laws of King Canute negari non poteft. Si in profettione militari Ran commiferit, cap. 58. Hoveden in the latter pro fafti ratione emendate.

See Rod-Knigbts.

18 Ellz. cap. 7. And Fleta fays, The a Man takes away the Goods of Clergy. ftill fay, when another by Violence, he hath taken all he could Complaint muft be made within Forty Days, or elfc the Woman may not be heard, lib. 3. cap. 5. Rap and Ran. Rap, from ratio, to fnatch. From the French Ranger, to order, feci. Pnterea. And carnal Knowledge of a WoiRangf, Laws both as a man under Ten Years old is Felony. 8 Ellz- 6. in the difpofe of. It is ufed Forefi Verb, as to Range ; and a Subftantive, as to make Of the Diverfity of Rapes, fee Crompl. Jufiice of Range, Charta de Forefta, cap. 6. To Range alfo Peace, fol. 43,44. The Offender is called Raptor, a Ravifher, and in BraSon's Time was puniflied to wander and ftray about. fignifies Is a fworn Officer of the Foreft, of with the Lofs of his Eyes and Stones, Que colodanger which there are Twelve, Id. cap. 7. whofe Autho- re m fiuprl induxerunt, 3 Inft. fol. 60. See RaviJhThe Civil Law ufeth Raptus in the fame his Oath fct down by ment. rity is in Part defcribed by Man-wood, part I. pag. 50. but more particularly Signification, And rapere virginem vel mullerem eft wolare. See Dyer, Term. Mich. 20. num. 15, 16, 17. His Office chiefly el vim Inferre part 2. cap. confifts in Three Points, To walk daily through 13 fc> 14 Ellz. pag. 304. his Charge, to lee, hear and inquire, as well of fisp Of tlie ip02eC, Raptus Forefta, Is reckonas Trcfpaffers in his Bailiwick ; To ed among thofe Crimes, whofe Cognifance beTrefpaffes drive the Beafts of the Foreft both of Venery longs only to the King. Violtntus concubltus, Rapand Chace out of the deafforefted into the forc- tus Forcftas, relevatlones baronum fuorum, &>c. Leg. And to prefent all Trefpaffes of the Hen. 1. cap. 10. Trefpafs committed in the Foreft fted Lands Foreft at the next Court holden for the Foreft. by Violence. This Ranger is made by the King s Letters Parent, ISapinf, Raplna, To take a Thing in private and hath a Fee of Twenty or Thirty Pounds paid againft the Owner's Will, is properly Theft ; but certain Fee- to take it openly, or by Violence, is Rapine, 14 yearly out of the Exchequer, and Deer. Rangeator Forefi g de Wbittlewood. tat. 14 R. 2. Car. 2. cap. 22. and 18 Car. 2. cap. 3. m. 3. liaptu tjaereDljS Is a Writ lying for the Taking IRantottl, Redemptlo, Is derived of the French away of an Heir holding in Socage ; of which Rancon or Rencon, redemptlo fignifies properly the there are Two Sorts, one when the Heir is marSum that is paid for the Redeeming one that is ried, the other when he is not ; of both thefe, taken Prifoner in War: But it is ufed alfo for a fee the Reg. Orlg. fol. KJ3. Sum of Money paid for the Pardoning fome Jtafe, Raferia. It feems to have been a Meafure of Corn now difufed. Toll pall be taken by great Offence, as in the Statutes of 1 H. 4 cap. 7. nB(i. 11. and 23 H. 8. cap. 3. where Fine and the Rafc, and not by the Heap or Cantel, Ordinance But here note, That for Bakers, Brewers, &>c. cap. 4 Debentur el annuRanfom are joined together 0B0 Raferix avert*, &p fex Raferiae when one is to make a Fine and Ranfom, the atlm decern Ranfom fhall be treble to the Fine. Cromp. Jufi. hordei, &c. Spelman. Et de uno Rafario frumenti in 16. unoijuoaue menfe ortolano, ad natale "Domini de uno of Peace, fol. 142. and Lamb. Elren. lib. 4. cap.

&

&

&

pag. 556.

Home

Pat. Difference between Amerciament and Ranfom, that Qp dlmldlum Rafarii de G ret h malt. Ranfom is the Redemption of a corporal Punifli- 12 Edw*. 3- pag. 1. m. 4. WafUB alien^tim, A Rafe of Onions, thus comment due by Law to any Offence. Lib. 3. cap. See Co. on &tt. fol puted in Fleta, lib. 2. cap. 12. feci. 12. Rafus alle. "De Amerciament taxable.
127-

in his Mirror of Jufiice

makes

this

Rafano

Brafii

de

Masihcmalt, de

ordeo

&

avenis,

arum

continet

xx

ftones,

&

quttlibet ftonls

xxv. ca-

fey

Hayings Hundreds, hath a Caftlc, River and Foreft be- Book of Entries. ffiatx, Lelcefter. longing to it. Cambd. Brit. pag. 225, and 229. iSate^tltlje Is, when Sheep, or other Cattel Thefe, in other Countries, are called Hundreds, are kept in a Parifh for lefs Time than a Year, Tytbings, Lathes and Wapentakes. Smith de Rep. the Owner muft pay for them pro rata, Angl. lib. 2. cap. 16. according F. N. B. fol. 51. fiapp, Raptus, Is a Felony committed by a to the Cuftom of the Place. Man, in the violent deflouring of a Woman a- Broke, Dlfmes 26. Pro rata dlcimus, pro proporthne Lindcwode. gainft her Will, be flie old or young. Britton, vel proportlonaliter. Tit. Indictments, Sattfiration, Ratificatio, A ratifying or concap. 1. Weft. Syrubol part 2. hath thefe Words, Copulation violent is firming. It is ufed for the Confirmation of a Clerk feci. 54. termed a Rape or Ravifliment of the Body of a in a Prebend, &>c. formerly given him by Woman againft her Will, which is carnal Know- the Bifhop, &c. where the Right of Patronage is doubted to be in the ledge had of a Woman, who never confented King. See Reg. Orlg. fol. thereunto before the Faft or after. And this in 304. Scotland ought to be complained of the fame Day but we Ratio, Properly fignifies Reafon ; or Night that the Crime iscommitted. Skene de take it moftly for an Account, as reddere ratloarbor, fignif. verb. Raptus, and his Reafbn is, nem, to give an Account, and fo it is frequently quia lapfti diet hoc crimen prafcrlbitur. Co. on Lit. lib. ufed.
2. Caufe, or Judgment given in a Ratio, *. e. cap. 11. feft. 190. fays, If the Woman conceive, it is no Rape ; for fhe cannot conceive, un- Caufe, and ponere ad rationem is to cite one to apThis Offence is Felony both in pear in Judgment. Walftngh. 88. lefs flie confent. it R- 2. fiat. 2. the Principal and his Aiders, Is a Writ that lies RatlOnabllibllB fltbift*
1.
1 1

ftapP, Rapa and Rapus, Is a Part of a County, pita. and iSaffaD Was an eminent and learned Lawyer, being in a Manner the fame with a Hundred, fometimes contains in it more Hundreds than that lived in Queen Mary's Days, and was a Juone. As all Suffex is divided into fix Rapei only, ftice of the Common Pleas ; he made an Abridgviz. Of Chlcbefier, Arundel, Brember, Lewes, Peven- ment of the Statutes, which bears his Name to and ; every of which, befides their this Day. He was alfo the Author of the New

cafi.

2'.

cap. 13.

H- 4. and

cap. 13. fhall not

E. 4. cap. 1. and Wejlm. where Two Lords, in divers Towns, have Seignibe allowed the Benefit of ories joining together, for him that findcth his
I

Wafte

R E
Wafte by little and Jittlc to have been encroached upon, againft the other that hath encroachtheir Bounds ; in which ed, thereby to rcftify Fiizberbert calls it in its own Nature a Rcfpcft Writ of Right. The Old Nat. Brev. fays, That this is' a Kind of Juftidcs, and may be removed to the Common by a Pont out of the County See the Form and Ufe hereof in Bench.
rendon MS.

RE
have reaped their Lord's Corn, or done their othcr cuftomary Duties. -Born'mei minora de Inglepam habebunt, ft operantur in Autumno, dimidiam acram frumenti non (lercorati, dimidiam a ram Confuctud. domus dc Fadragei ad Rip-towel.

&

f.

5.

tieafonaulr %rae, RatUnabile autUwm , Was a Duty that the Lord of the Fee claimed of his

F.N.B.

fol.

128.

and Reg.

Orig.

fol.

157.

New
The
rum.

it. Wejfm. 1. cap. 39. but taken away now. the Stat. 12 Car. 2. cap. 24. From the Sax.Ratb, cite, llMtljen, /. e. hafty ftarionabili parrr bononim Is a Writ that lies for the Wife againft the Executors of her Huf- from whence we derive the Word Wrath. lu'attarljmnir, Reattachiamentum, Is a fecond band, denying her the third Part of her Hufband's Goods, after Debts and Funeral Charges Attachment of him that was formerly attached 122. who there cites the and difmtfled the Court without Day, as by the defrayed. F. N. B. fol. of Magna Charta, and Glan- not coming of the Jufticcs, r fome fuch Cafualeighteenth Chapter to the Common Law ty. Broke, hoc titulo, where he makes Re-attachvilc, to prove that according of England, the Goods of the Dcceafed, his ment (General find Special: General, is where a Man Debt hrft paid, mould be divided into Three is reattached for his Appearance upon all Writs his Chil- of Affile lying Bro. Hid. num. 18. againft him. Parts, whereof his Wife to have one, dren the Second, and the Executors the Third ; Then Special muft be for one or more certain. and this Writ lies as well for the Children as Reg. Judic. fol. 35. and New Book of Entries, hoc Wife, which appears by Reg. Orig. fol. 142. vcrbo. 3Krbr!Tarp Signifies to Fight. Ad rcbcllandum Yet it fcems to be in Ufe no where, unlefs the Cuftom of the Country leads to it. See the fe praemunire ,ccpit. Vita Orfi

of Entries, verb. Rationabilibus divijis. Civilians call this Judicium Jinium regendo-

Book

and Tenants holding by Knights-fcrvice, or in Socage, to marry his Daughter, or make his Son
Se<;

Regis. a French Word, or rather Latin, fignifying the rum. Taking up of Arms lHatiOnale Was the fame with Pallium : It was traiteroufly againft the King, be it by natural worn by the High Prieft of the old Law, as a Subjcfts, or by others once fubdued Among the and by the Pope Romans it denoted a fecond Refiftance of fuch as Sign of the greatell Perfusion, and Bifhops, as a Token of the higheft Virtue, formerly being overcome in Battel, yielded to
fucfq]

New

Bcok of Entries, verb. Ratitnabili parte bom-

tlebcllioi?,

Rebellio,

Is

qua gratia &P

ratione ptrftutur,

and from hence

'tis

called Rationale. IRstotfiblUS flufaiUP,

morganjhire. JRautfllinenf,

The River

Taffe in Gla

their Subje&ion. The Word Rebel is fometimes attributed to him that wilfully breaks a Law. 2. Sometimes 25 E. 3. 6. and 31 E. 3. flat.
3. cap.

Signifies an unlawful Raptus, Commijpon. or an Heir in liifufDiOUB aiffemblp Is a gathering together Taking away either a Woman, alfo it is ufed in the fame of Twelve Pcrfons, or more, Ward Sometimes intending or going Scnfe with Rape, which fee. about, pra&ifing or putting in Ure, unlawfully of flabifljnifnt t>e garb Was a Writ that lay for their own Authority, to change any Laws or the Guardian by Knights-fervice.or in Socage, a- Statutes of this Realm; or to deftroy the Entook from him the Body of his clofurc of any Park or Ground inclofed, or gainft him that Ward. See F. N. B. fol. 140- Sec 12 Car. 2. Banks of any Fifh-pond, Pool or Conduit, to the Intent the fame mall remain void; or to the cap. 24. deflours a Woman Intent unlawfully to have ISlDlfljer. Raptor, He that Common, or Way in for ravifoing, or any of the faid Grounds; or to deftroy the Deer by Violence. See the Penalty afterwards contenting, in the Sta- in any Park, or any Warren of Conies, or Dovebeing ravifhed, tute 6 R. 2. cap. 6. See Rape. houfes, or Filh in any Ponds ; or any Houfe, fiaie Is a Word mentioned Anno 4 E. 4. 1. Barns, Mills, or Bayes, or to burn Stacks of See Range and Ran Corn, or to abate Rents, or Prices of Vi&uals. iSatonjje and ftatonger.
:

to a Villain difobeying his Lord. Commiffton of Rebellion. Sec in

R.

2.

cap.

6.

ger.
fiaj)

Anno
Is

Mar.

12. fie

Eliz.

17.

a Word appropriated to Cloth never part 2. Tit. Indiftments, feS. 6" J. and Cromp. Juft. coloured or died. 1 7 R. 2. cap. 3. 1 1 H. 4. cap. 6. of Peace, fol. 2 J. and 1 R. 3. cap. 8. fipbtlluin, A Rejoinder, a Replication, an A Motion was made in Anfwcr in a Court of Equity Cum conIRaptl), Anno 6 Hen. 6 nobis diem CP locum ejfe Parliament againft a certain Trial in Wales, called frtfato Roftaret
conftitutos

Sec Weft. Symbol,

berto ad refpondendum Rcbello in cauftt prtdiila ftbi Cartular. Abbot. Glafton. MS. f. 10S. fteaP. i. e. Advice : From the Saxon Raed, con- porreHo. in our old Bibles, the Verfe in the me teneri per prefens InebinanPUin. Noveritis ftlium: Thus ixrRPfalm is thus cranflatcd, viz.. The Man is bleft , fcriptum ad wareBandum &> Rebinandum cum femiTo wicked Read his Ear, i. e. ne meo proprio, tarn cum Jemine yemali, quam cum fethat hath not bent mine quaitagcftm.iYi. totam terram arabilemjX. B. &V. to wicked Council. a Forcft hath been Charta Nic. Dubbe dat. ISfaffo^eflfD Is where 3 Edw. penes Hcnr. Miland again made Forcft, as the burn, Arm. difaff'ore Bed, Foreft of Deane, by the Statute of 20 Car. 1. fifbinarr Was to plow the Ground the third

a Rayth,

q.

cap. 3.

IRealtP

Is

diftinguiflicd

from Perfonalty. rucam. Fleta, lib. 2. cap. 73. par. 10. JJebiliare terram, To give a Second ftirring or 13captotoei Rip towel, The Gratuity or Reward given to cuftomary Tenants, when they ploughing to arable Land that lies fallow, in Or-

Time. Tempus rebinandi cr it poft feftum Nativitatis an Abftraft of Real, and contra- Saudi jFohannis cum terra pullulaverit poftcaBaptift*

der

der to prepare it for lowing Wheat, &V. Die fteceHa Are Things of little Value. See Serviomnium SanBorum Anno 1322. torium. Sa'oLitl poft Feftum ordinatum eft in Capitulo Ecelefit Paulina, quod firKecljacea. See Cbacea. m<e Ecclefiarum de Willefdone, SanBi Pancratii, IRediafum, King Edw. 1. grants a Charter to Tit quieti &PC. qua fab nomine gratia Fratribus Stagiariis ad the Barons of the Cinque Ports. ab ftrmam per Capitulum fecundum refidenti* fu* curfum fint de omni thelonio & de omni confuetudine, videlicet,
quocunque tempore anni vocaverint in Fefto omni laftagio, tollagio, paffagio, cayagio, rivagio tunc omni ivrecco &P de omni venditione, athato Sp rechato Petri ad vincula realiter dimittantur, fito fuper totam terram poteftatem noftram pr'imum libere ingrediantur Fratres fuccedentes Edw. 2. MS. 4to penes veto terras ivareBaverit vel rebinavcrit de- Placir. temp. Edw. 1. Si
tradi folent

SanBi

&

&

&

quas

&

vivus funilus, fumptus appofitos Executoribus defunBi fuccedens folvere teneatur. Ex Libro Statutorum Ecclefiac Paulinae per Tho. Lyfeaux Deca-

Dom. Fountains ex JEde

Chrifti

Blefenfis, Epift. 131. HXeanium for RatiocMum. penes Rev. Joh. Epifcopum Norwic. KfClufe, Redufus, Is one that by Reafon of Concejfi quod cum araverint, vel wareBaverint, vel rebinaverint pr&diBas terras fuas, his Order in Religion, is fliut up, and may not ducere & vertere carrucas fuas fuper terram ftir out of the Houfe or Cloifter, of whom Litpojfint proxime jacentem ahfque impediment. Cartular Abb. tleton fpeaks, feS. 434. ISfCOOilJfancE, Recognitio, Cometh of the French Radinges MS. f. 71. a. Iftebtlffer, Cometh of the French Bouter, repel- Recognoijfance, and is as a Bond or Obligation of lere, and fignifies the fame in the Common Law. Record, teftifying the Recognifor to owe to the For Example, A Man grants Land to the Ufe of Recognifee a Certain Sum of Money, and is achimfclf, and the Ifluc of his Body, to another in knowledged in fome Court of Record, or before Fee with Warranty. And the Donee leafeth out fome Judge, Mailer of the Chancery, or Juftice his Land to a Third for Years ; the Heir of the of Peace, &c. 23 H. 8. 6. and thofe that be Donor impleadeth the Tenant, alledging, that meer Recognifances are not fealed but enrolled, the Land was in Tail to him : The Donee comes and Execution by Force thereof is of all the Rein, and by Virtue of the Warranty made by cognifor s Goods or Chattels (except draught Beafts the Donor, repelleth the Heir, becauie though and Implements of Husbandry) and the Moiety the Land was intailed to him, yet he is Heir to of his Lands. Weft. Symbol, part I. lib. 2. feB. 149. the Warrantor likewife; and this is called a and Reg. Orig. fol. 146, 151, 8=252. See alfo Bro. Tit. Barre, num. 23. And again, Statute- Merchant and Statute- Staple. Rebutter. Recognifance If I grant to my Tenant, to hold fine impetitione hath yet another Signification, as appears by and afterward I implead him for Wafte thefe Words in the Statute, Weftm. 1. cap. 36. vafti, made; he may debar me of this A&ion, by For it is there provided and agreed, That if any fhewing my Grant: And this alfo is a Rebutter. Man be attainted of Diffeifin, done in the Time of Bro. ibid. num. 2 5. New Book of Entries, verb. Re- the King that now is, with Robbery of any Manner of

iSpfiOitoare, relapfe after mentioned in Petrus

To

Oxon. a Recovery. Tis

num

collect.

MS.

butter,

and

Co. on Lit. fol. 365.

IRecaptiOtl, Recaptio,

Signifies a fecond Diftrcfs

of one formerly diftrained for the fame Caufe, and alfo during the Plea grounded on the for-

mer

Diftrcfs: It likewife fignifies a Writ lying for the Party thus diftrained; the Form and farther Ufe thereof, you may fee in F. N- B. fol. 86.

Reg. Judic.

fol.

69.

and the

New

Book of Entries,

verbo

with us as with the Chiufcd in the evil Part for fuch as receive ttolen Goods from Thieves, and conceal
Hans,

Recaption. Sec Refceipt. JReccit. JtCCeifcfr, Receptor, Is

by Recognifance of Affife of Judgment Jball be, &c. where it is ufed for the VerdiB of the Twelve Men impanelled upon an Affife, which. Twelve are alfo called Recognitors of the Affife. Lit. fol. 72. So alfo BraBon names them, lib. 5. traB. 2. cap. 9. num. 2. and lib. 3. traB. 1. cap. II. num. 16. Sec the Stat. 20 E. 1. Stat. 4. and New Book of Enries, verbo Recognifance. t^fcognifee Is he to whom one is bound in a Recognifance, II H. 6. cap. 10.

Goods or Moveables,

Novel

Diffeifin, the

commonly

It is
1

them.

But annexed

to other

Words,

as the Recei-

l&eiOgniflon, {Recognitio) An Acknowledgment. the Title of the Firft Chapter of the Statute fac. whereby the Parliament acknowledged the

ver of Rents, &c. it fignifies many Times an Of- Crown of England, after the Death of Queen ficer of great Account belonging to the King, or Elizabeth, to have rightfully" defcended to King other great Perfon. Cromp. Jur. fol. 18. There fames. See Skene de verbor. fignif. verb. Recognition.
is

alfo an Officer called the Receiver of Fines, who iRccognitione aonulIanDa per turn f tmntiem receives the Money of all fuch as compound facta Is a Writ to the Juftices of the Common with the King upon original Writs in Chancery. Bench, for the fending of a Record touching a Symbol, part 2. Tit. Fines, feci. 106. Receiver Re ogr.ifar.ee, which the Recognifor fuggefts to have
Weft.

1 been acknowledged by Force and Durefs, that 4. cap. 1. JSrceibn=<fiEnfra( of flje JDurclU' of JUncaflrr if it be fo, it may be annulled. Reg. Orig. fol. Is an Officer belonging to the Dutchy Court, that 183. iftrcognitOJjff, Recognitores, Is a Word frequently gathers in ;,11 the Revenues and Fines of the Lands of the faid Dutchy, and of all Forfeitures ly ufed for the Jury impanelled upon an Affife : and Afleflments, or what elfe is thence received. The Reafon why they are fo called, is, becaufe Anno 39 Eliz- cap. 7. they acknowledge a Diffeifin by their VcrdiS. traB. 2. cap. 9. num. 2. lib. 3. 3fici"Ei\jec*<I5enera[ of Hie Court of 3aros> ano BraBon, lib. J. Was an Officer belonging to that traB. 1. cap. 11. num. 16. ^LitocriMJ Court ; but the Court being taken away by the Church is faid Reconciliari ISecpnnliare. Stat. 12 Car. 1. cap. 24. that Officer is alfo out of when it is confecrated again, after it hath been or HereDoors. polluted,. or in the Poffeflion of

of all Offices accountable,

&

Kccefter General of
3 5 Eliz.. cap. 4.

th,e

^u8er*i8oll0, Anno

ticks.

Mat.

Parif.

Anno

11 52.

Pagans Mat. Weftm, Anno

IRecojD,

101

J.

R E
dari,

RE
of the Latin Recor-

lRpCO,jtS Recordum, to remember,

Cometh
and

the King'* Court

Orig.

Which

fee in the

Table of the

and uncontrouluble Tcftimony Writing, contained in Rolls of Parchment, and prefcrved in Courts of Record, and they are faid to be Vetufia. Coke'j Preface to his 8 Rep. tis Qp veritatis vejligia. Britton, cap. 27. and Lamb. Eiren. lib. I. cap. 19. An Aft committed to Writing in any of the King's Courts, during the Term wherein it is written, is alterable, being no Record but that Term once ended, and the Aft duly enrolled, it is a Record, and of that Credit, that admits no Alteration or Proof to the contrary. Bro. Tit. Record, num. 20, 22. yet fee Co. 4 Rep. Rawlins
;

(ignifies in

an authentick Reg.

how

divcrfly

it is

ufed.

which

i8ei0;oo url^ai isc mitunno Is a Judicial Writ, fee in Reg. Judic. fol. 31. IRecoDare Is a Word mentioned in Mat.

Anno III 6. ino 1216.

uti qui
It

Weftm

viz. Ijlx funt terra quas viz.. Iftx

Rex Job.

amiftt, amiftt.

horum rccovavit ufqut ad diem mortis fut. fut ufcjue fignihcs to recover.
nihil

WtcOufrp, Recuperatio, May be cxtraftcd from the French Recouvrer, i. recuperare, And (ignifics in a legal Acceptation, an obtaining any Thing by

Judgment or Trial of Law,

mong

the Chilians.

And

as Evtctio doth here note, That there

Cafe,

The fol. 52. tttcerd by his Grant.

in.
As
ter,

ton, cap.

is a true true RecoRecovery, and a feigned one. Court of very is an aftual or real Recovery of any Thing, or the Value thereof by Judgment ; as if a Mart Glanvile, lib S. cap. 8. Brit moveable or Queen Elizabeth by her Char fucd for any Land, or other

King may make a

Thing

the Third Year of immoveable^ and have a Vcrdift and Judgment her Reign, made the Confiftory Court of the for him. A feigned Recovery is (as the Civilians Univcrfity of Cambridge, a Court of Record- Bro. call it) Qu&dam ficlio Juris, a certain Form or Tit. Record, feems to inftnuatc that no Court Ec- Courfc let down by Law, to be obferved, for the clciiaftical is of Record ; yet we fee that Bifhops Better. alluring of Lands or Tenements unto us ; and the End and Effeft thereof is (according to certifying Bajiardy, Bigamy, Excommunication, a Marriage, Divorce, or the like, arc credited without Wefl. Symbol, part 2. Tit. Recoveries, fed. 1.) to' farther Inquiry. Fleta, lib. 6. cap. 39,40, 41, 42. dilcontinue and deftroy Eftatcs-tail, Remainders

dated the 26. of April,

ill

to bar the Intails thereof. Formality are required Three Pernum. j. Britton, cap. 92, 94, 1 06, 107, c> 190. Doff. fons, viz- The Demandant, Tenant and Vouchee. c> Stud. lib. 2. cap. 5. And a Teftamcnt mewed The Demandant is he that brings the Writ of under Seal of the Ordinary is not traverfablc. Entry, and may be termed the Recooerer. The he again ft whom the Writ is brought, 3 6 H. 6- c. 3 1 Perkins Tejlament 49 1 Fulbeck's Paral- Tenant is The Vouchee is lels, f.61. The Reafon of which Opinion maybe, and may be termed the Recoveree. becaufe by the Civil or Canon Law, no Record he whom the Tenant vouchcth, and calls to Waris held fo firm but that it may be checked by ranty for the Land in Demand. A Recovery with Witncffes able to depofe it to be untrue ; whereas double Voucher is, where the Tenant voucheth' in our Common Law againft a Record of the one, who voucheth another, or the common King's Court, after the Term wherein it is made, Vouchee. And a Recovery with treble Voucher is, no VVitnefs can prevail. Britton, cap. 109. Co. lib. where Three are vouched. But to explain this 4. fol. 71. Hind's Cafe. Lib. Aff. fol. 227. nota 21. Point a little more: A Man tha't isdefirous to cut We reckon Three Sorts of Records, viz.. A Record off an Eftatc-tail in Lands or Tenements, to the Judicial, as Attainder, &V. A Record Aiiniflerial End, to fell, give, or bequeath it, caufcth (by upon Oath, as an Office or Inquifition found. the Contrivance of his Counfel or Attorney) a And a Record made by Conveyance and Confcnt, feigned Writ of Entry fur dijfeijln en h Poft, to as a Fine or Deed enrolled, or the like. Co. lib. be brought for the Lands of which he intends to cut off the In tail, and in a feigned Count or De4. fol. 54. b. Ogneli's Cafe. l&t opart faciav, or !Hcco;iiart faciatf, Is a claration thereupon made, pretends he was difWrit direflcd to the Sheriff, to remove a Caufe fered by him, who by a feigned Fine or Deed of depending in an inferior Court, as Court of an- Bargain and Sale, is named and fuppofed to be tient Demefne, Hundred or County to tho King's the Tenant of the Land. This feigned Tenant, Bench or Common Pleas. F. N. B. fol. 72. Where, if it be a Jingle Recovery, is made to appear and and in what Cafes this Writ lies, read Broke, Tit. vouch the Bagbearer of Writs for the Cuftos brevium It feems to be called a Recor- in the Common Pleas, (for there Recordare Pone. only can fuch who makes Default. dare, becaufe it commands the Sheriff to Whom Re.overies be futfered) it is direfted to make a Record of the Proceedings Whereupon the Land is recovered by him that and a Judgment is by by himfelf and others, and then to fend up the brought the Writ, Caufe. See the Tabic of the Reg. Orig. verbo fuch Fiftion of Law entered, that the DeRe ordare. See alfo Certiorari, and Accedas ad Cu- mandant mall recover, and have Writ of Seijin for riam. the PoiTcflion of the Lands demanded, and that 18cco:oPr, Recordator, Is he whom the Mayor, the Tenant mall recover the Value of the Lands or other Magiftratc of any City or Town Corpo- againft the Lands of the Vouchee. Bagbearer, a rate having Jurifdiftion, or a Court of Record poor unlandcd and illiterate Pcrfon, which is within their Precinfts, by the King s Grants, feigned to be a Satisfaction to the Heir in Tail, doth affociate to him for his better Direftion in though he is never to have or expeft it. This Matters of Juftice and Proceedings according to feigned Recovery is alfo called a Common Recovery, Law And fs therefore for the moll part a Man becaufe it is a beaten and common Path to that and experienced in the Law. What they End for which it is appointed, viz- to cut off the verfed call a Recorder in other foreign Parts, fee in the Eftatcs above Sec New Book of Entries, fpecificd. 121. But a true Recovery is as well of verb. Recovery. Ciflitmary of Normandy, cap. 107, For Example, If a iftOiOO * pjOCiUu mirtt 11010 Is a Writ to the Value, as of the Thing call a Record, together with the whole Proceed- Man buy Land of another with Warranty, which ing in the Caufe, out of an inferior Court into Land a Third Perfon afterwards by Suit of Law A a a rccovereth
lib. 1.

Lamb. Eiren.

15. Reg. Orig. fol.

5.

cap. 13. GLtnvile, lib. 7. cap. 14, BraBon, lib. 5. tratt. 5. c. 20.

and Reverfions, and

And

in

this

&

&

RE
I'ccovcreth againft me, I have my Remedy againft him that fold it me, to recover in Value, that is, to recover fo much in Money as the
his

R E
Caufe upon
this
Aflife
fliall

or Battel, he be excluded
lib.

is

Writ, either by Judgment, without all Remedy, and

per
exceitionent
cap.
1.

Land

is

worth, or fo

much

other

Land by Way Brafton,

ded into

5.

trail. I.

&

ret

judicata.

of Exchange. F. N. B. fol. 134. To recover a WarOld Nat. Brev. fo!. 146. is to prove by ranty. Judgment, that fuch a Man was his Warrant againft all Men for fuch a Thing. IBECCUPr, From the French Recouter, to cut again ; alio to reply quickly and fharply to peremptory Demand; we ufc ic to defalk or difcounr. As if a Man hath Ten Pounds iffuing out of certain Lands, and he difteifes the Tenant of the Land in an Afiifc brought by the Diffeifec,
the
Diflcifor fliall recoupe

Two Kinds, 1, Rectum Patens, a Writ of Right Patent, and Retlum Claufum, a Writ of Right Clofe. This the Civilian* call judicium Pe
titorum.

feq.

It is divi-

the

Rent

in the

Da^

mages. Ifieemnf, {French,) Cowardly, Faint-hearted See Cravent. Recreant was fo reproachful a Word, But Fleta, that Glanvile would not defcribe it.
lib.

of Right Patent is fo called, open, and is in Nature the higheft Writ of all other, lying always for him that hath Fee-fimple in the Lands or Tenements fued for, and not for any other. And when it lieth for him that challengcth Fee-fimple, and in what Cafes, fee F.N.B. fol. 1. 6. where he fpeaks of a fpecial Writ of Right in Lofidojt, other wife called a Writ of Right, according to the Cuftom of London. This Writ alio is called Breve

The

Writ
fent

becaufe

it

is

Magnum
lib.
5.

de Retlo.

Reg. Orig.
I.

fol. 9.

and

3.

trail.

2.

cap.

34. tells us.

That

quod appellants cegnofcat factum fttum

vel aliquid fimile ad

ftvffe

non fujficit latronem

rccreantiam, niji dicat verbum And 'in Lib. opprobriofum quod recreantus Jit. are dull and tired Horfes. 2. c. 2. Recreantos equos Iftectare, To cite a Criminal to Juftice, or to accufe a Criminal. Quo judkio dedttcendi funt Mi

Mud

qui rcctati funt de latrocinio, Hoveden. pag. 655.

IRccta
Priz,e,

murdro, incendio, &c.

Writ of Right Clofe, is a Writ directed to a Lord of Ahtient Demefne, and lieth for thofe which hold their Lands and Tenements by Charter in Fee-fimple, or in Feetail, or for Term of Life, or in Dower, if they be ejected out of fuch Lands, &c. or difleifed In this Cafe a Man, or his Heirs may fue out this Writ of Right Clofe, directed to- the Lord of the An.ient Demefne, commanding him to do him Right, &>c. in his Court. This is called Breve
cap. 32. feci.
:

Fleta,

fep Yet note, That the Writ of Right Patent feemeth farther to be extended in Uie than the original Intention; For a Writ of Right Dower, which lies for the Tenant in Dower, and only for Term of Life, is Patent, as appears by F. N. B. fol. 7. The de quibus negotiantur quieti fint de recta prifa noftra y like may be faid in divers other Cafes, of which videlicet, de uno dolio vini ante malum &* aliopofi ma- fee the Table of the Regifier Original, vcrbo Reth. Placit. temp. Ed. 1. Ed. 2. MS. This Writ is properly tried in the Lord's Court lum. between Kinfmen that claim by one Title from penes Dom. Fountaines. But how ip may be thence reIRectafiO, Claim of Right, or Appeal to Law their Anceftor. de- moved, and for Recovery of it.- Tctam Parochiam brought either to the County, or to cimam abfque omni calumpnia &* relatione concefftt. the King's Court, fee Fleta, lib. 6. cap. 3, 4. &> 5. Cartular. Radinges, MS. f. 193 a. Glanvile fecms to make every Writ, whereby a IRfitafUjS. Spelman interprets it SufpeBus, ad Man fues for any Thing due unto him, a Writ Anno 3 of Right, lib. 10. cap. I. lib. 11. cap. 1. and lib. 12. retlum vocatus. Ofjicium Co'onatoris edit.
fine,
fit.

p^ifa Iftegis, The King's Right to' a or taking of one Butt or Pipe of Wine before the Maft, and another behind the Maft, as a Cuftom for every Ship laden with Wines. King Edw. 1. in a Charter of many Privileges to the Barons of the Cinque Ports, difcharged them of this Duty. Quod de propriis vinis fun

parvum

de

retlo.

Reg. Orig.
alfo

fol. 9.

and
11.

Britton,

cap. 120.

in

F.N.B.

&

&

&

E.

I.

De Thefauro
e

invento

inde qui fuerint Invent ores fimiliter quis rectatus eft, &* hoc potefi fcire'eo quod vixerit delicate, tabernam frequentat, &> din fie fe habuit, pro tali
quirer

&

debet Coronator in- cap. 1.

&

SCiant ahjuravi,

Qjtod ego jfurdanus de Ludeford quietum clamavi &> re/nifi Robetto de

fufpicione

attachiari

debent,

&c. See BraSon,

23.

Mappenor &> hsredibus

fuis de

me

& haredibus meis

in

in

m.

8.

where he

utes rellum for accufatum.

prsfentia Domini Robert! de

Mortuomari

IRgltltllOP, Rectitude, Rights, legal Dues.

Bureford clameum meum

&

Curia de totum jus quod dicebam

Si quis Dei rectitudincs per vim deforciat, emendet, me habere, vel quod habere potui in villa de Butona . Jf any one does violently detain the Rights cum pertinentiis fuis, unde traxi dictum Rtbertum in of God, (Tithes and Oblations) let him be fined placitum in eadem Curia de Buieford per breve Door amerced, to make full Satisfaction. Leges mini Regis Henrici filii Regis fohannis de Recto, CPc. Nee ob fecuritatem pacts adep~ Sine dat. penes Edw. Harley Mil. Bal. Hen. I. cap. 6. tarn detbierent rectitudincs vel fervitia Dominorum IRfCtO trf Core Is a Writ of Right of Denser-, fuorum. Leg. Edw. Confef. cap. 30. i&fito. Requirere de recto, To cite one to Ju- which lieth for a Woman that haih received Part of her Dower, and purpofes to demand the ftice. Leg. Hen. I cap. 43. ISf (to Is a Writ of Right, which is of fo high Remainder in the fame Town, againft the Heir, 1 Nature, that -whereas other Writs in real or his Guardian, if he be a Ward. Of this fee Actions are only to recover the Pofleffion of the more in Old Nat. Brev- fol. 5. and Fttzherhert, fol. Land or Tenements in Queition, which have 7. Reg. Orig. fol. 3. and the New Book of Entries, been loft by our Ancellor or our felves ; this verb. Droyt. aimeth to recover both the Scifin which fome of tfftto tie oofe titift nihil habef Is a Writ of our Anceftors or we had, and alfo the Property Right, which lies in Cafe where the Husband haof the Thing whereof the Anccftor died not feifed, ving divers Lands or Tenements, hath allured and whereby are pleaded and tried no Dower to his Wife, and flic thereby is driven as of Fee both their Eights together, viz- as well of Pof- to fue for her Thirds againft the Heir, or his
;

fefllon as

Property

So that

if

Man

once

lofc

Guardian.

Old Nat. Brev\

fol.

6.

Reg. Orig.

f.

70.

l&rae

R_E
IRettO Oe rafiotlflbilt parte
Is

R E
a Writ that
lies

thefe

Words

there following, Item did pofunt

Rcc-

always between privies of Blood, as Brothers in rorcs Canonki de Ecclejiii Prabtndatss. item did alii, Gavelkind, or Sifters, or other Coparceners ; as peffunt Reftores vel quafi Ablates, Priotes Nephews or Nieces; and for Land in rce-limple. qui habent Ecclefias ad propria s ufus. See Vicar. For Example, If a Man lcafc his Land for Term lUectmj', RtSforia, Is taken for an entire Parifti-| of Life, and afterwards dies, leaving Iflue Two Church, with all its Rights, Glebes, Tithes,'' Daughters, and after that the Tenant for Term and other Profits whatsoever. Spelman. The of Life dicth alio, the One Sifter cntring upon Word ReHoria was often uftd for the Retiort all the Land, and fo deforcing the other ; the Nianfe, or Parfonage-Houft. See Paroch. Antiq. p. Sifter lb deforced ihall have this Writ to recover 549F. N. B. fol. 9. Reg. Orig. fol. 3. Part. wprtum, Commune Reclum, A Trial at Law, or ISCito qiianno JDominue rtmifit Is a Writ of in common Courfe of Law. Start ad rcflum, to Prtterea prtccepit, quod omnei Right, which lies in Cafe where Lands or Tene- ftand Trial. ments that be in the Seigniory of any Lord, are alii qui capti fuerant, qui non erant retenti per comin Demand by a Writ of Right ; for if the Lord mune Rectum comitatus vel hundred's, vel per appellahold no Court, or othcrwife at the Prayer of tionem, ejfent quiets; * illi qui per commune Kccthe Demandant, or Tenant, Ihall fcnd to the tum, funt retenti, fi plegios invenire pojfunt ftand ad Court of the King his Writ, to put the Caufc reclum, fiquil adverfus eos loqui voluerit, liberentur. thither for that Time, (faving to him at other fi autem per appeUationem reSati funt, fi ftctTimes the Right of his Seigniory) then this rint pacem cum adverf.iriis fuis, redeant ad pa.em. Writ iflues out for the other Party, and hath the Hovedeni Annal. Pars, poftcr. fol. 373. Name from the Words contained, being the truo IRf trum, {Efft ad Redum in Curia Domini,) The Occafion thereof: This Writ is clofe, and muft be fame with Stare ad RcQum. Leg. H. 1. cap. 43, returned before the Jufticcs of the Common Bank. 55IRt'lttim {Start ad Rectum) Is to ftand or abide Old Nat. Brcv. f. 1 6. Reg. Orig. f. 4. Si plegioi ftand: ad tecIftetto oe 2tuuo;atione choirs Is a Writ of the Juftice of the Court Hovcden, pag. 65 j. Right, lying where a Man hath Right of Advovi- tum invenire pojfunt. IRrttam fOgarfj To pemion the Judge to do fon, and the Parfon of the Church dying, a Stranger prefents his Clerk to the Church, and Right. Si quis fibi Re&um roget coram aliquo he not having brought his Action of Quare impt- fchirmar.no vel alio judi e, Of habere non poffit. Leg. dit, nor Darrein Prefentment within Six Months, Inae, cap. 9. but fuft'ered the Stranger to ufurp upon him. IRectUjJ in Curia verbatim, right in Court, And this Writ he only may have that claimeth and fignifies one that ftands at the Bar, and no the Adwwfon to himfclf, and to his Heirs in Fee. Man objects any Thing againft him. Smith de And as it lies for the whole Advowfon, fo it lies Republ. Angl. lib. 2. cap. 3. We take it alfo, that alfo for the Half, Third or Fourth Part. Old Nat- when a Man is outlawed, he is extra legem pojitus ; So when he hath reverfed the Outlawry, and can Brtv. fol. 24. Reg. Orig. fol. 29. IRetto De Cllltoma terra: * tvc-fCin Was a Writ participate of tho Benefit of the Law, he is Recthat lay for him Whofe Tenant holding of him tus in Curia. in Chivalry, died in Nonage, agoinft a Stranger IKffUlUer. See Regulbium. This was a Caftle that entered upon the Land, and took the Body of the Romans. of the Heir ; but by the Statute of 12 Car. 2. cap. IReD Is an old Word, fignifying Advice. From 24. it is become ufelefs as to Lands holden in the Sax. Raed, Confilium. where there l&fODflna Is one who advifed the Death of anCapite, or by Knights-Servle, but not is Guardian in Socage, or appointed by the lalt other. Sec Dedbana. Will and Teftament of the Anceftor. The Form IReO B03k Of the <?ltlieqtier, Liber rubeus ScacA Manufcript Volume of fevcral Mifcelfee in F. N. B. fol. 159. and Reg. Orig. fol. carii. trf" it, 161. lany Treatifes, in the Keeping of the King's Retfcao fur Btfclaimer Is a Writ that lies where membrancer in the Office of Exchequer. It has a Lord in the King's Court of Common Pleas Ibmc Things (as the Number of the Hides of avows upon his Tenant, and the Tenant diflxim- Land in many of our Counties, Qfc.) relating to tth to hold of him upon which Difclaimer he fliall the Times before the Conqucft. The Ceremonies have this Writ, and if the Lord aver and prove, nfed at the Coronation of Queen Eleanor, Wife that the Land is holden of him, he Ihall recover to King Henry 5. arc there at large. There is the Land for ever. Old Nat. Brev. fol. 150. likewile an exaft CollcSion of the Efcuages unwhich is grounded upon the Statute of Wejlm. 2. jder Hen. 2. Rib. 1. and King jfobn, compiled by Alexander dt Sivereford Archdeacon of Salop, and cap. 2. IRedo; Is both Latin and Englifli, (ignlfying a Treafurer of St. Paul's, who died in the Year Governor and Refhr Ecclefu, parcchialit is he 31 H. 3. See Mr. Nicholfons very ufeful that hath the Charge or Cure of a Parifh-Church, Work, Hift. Library, Part 3. p. loo. IRenomoum Is ufed fubftantively for the Qui tantum jus in Eclefia Paro.biali hahet, quantum 11246. Prtlatut in Ecclejta Collegiata : It has of late been jClaufc in A Lcafc, &V. whereby the Rent is reCo. lib. 2. over-ruled, that Re&or Ecclefi* Parocbialis is he ferved to the Lc'flbr. fol. 72. Cremweli's that hath a Parfonage where there is a Vicaridge Cafe. endowed ; and he that hath a Parfonage without a ISfOOitariam, A Rental, a Book or Roll, it called Perfona ; but this Diftinction wherein the Rents and Services of .1 Manor, or Vicaridge, Memorandum fecms to be new and fubtile. BraSon certainly other Eftatc, arc let down.

&

otherwife, lib. 4. trait. $ cap. 1. in thefe quod in Rcriditario de Lyndburjl fuper redditu balllvj Words, E# fciendum quod re&oribus Ecclejiarum pa- de GoddefbaU irrotulatur, QPc. Cartular. Radingcs, corocbialium competit Ajpfa qui injlituti funt per Epif Sf Ordinarios ut Perfona ; where it is plain, that iPeDDirariu.!?, A Renter, a Tenant.pot Obibrve alfo Poffit coUigere gt> percipert totam prtfatam pccuni.im Retlor and Perfona be confounded. a a 2 fecundum
ufes
it

MS

RE

RE

JReff (tin, A Dinner or Supper. The Word is fe.undum quod extrabi fecimus de rotulo Redditariorum noftrorum. Cartular. Abbat. Glafton. MS. derived from Reficio, to refrefli. Sometimes it is taken as a Duty incumbent to provide Suppers fol. 92. 6. Et terra ilia a laboricjis operiISeoOttion, A judicial Confeffion and Acknow- and Dinners, Qfc. ledgment, that the Land or Thing in Demand bits, ab omnibus tributis vel cenfurio, fiP ab omnibus belongs to the Demandant, or at leaft not to the refeBionibus Regum vel principum fin t. liber a. Dn Perfon fo lurrendring. Statute 34, 35 H. 8. cap. Cangc. iKtffttpjv, RefeBorium, That Place in Mona24. ISeBP, La Rede. Memorandum quod oltoi>irgat<e ftcries where the Monks ufed to eat. So the terra integrx debent arare olfo a raj terra ( pro Do- Halis in Colleges and Inns of Courts may properly ua be called RefeBories, Places wherein the Scholars mino') &P feminare proprio frumento, herciare, Lib. Niger. Hereford, fol. and Students eat and refrcfh themfelvcs. vocatur la Rede. 106. iRefmnbarp, Referendarius, Is the fame as the JSeDftima, /. e. The Tenth of the Tenth. Majlers of Requejl are to the King among us ; Deeimationem omnium molendinorum in Anglia, they were fo called by the old Saxons, as aprcdecimationem omnium cafetrum fuorum ubicunque pears by the Charter of the Endowment of the Monaftery of St. Peter and Paul in Canterbury, pant in Anglia. Monaft. 2 Tom. fol. 199. IftrtteiUVtiO, A Ranfom, or Commutation. By dated Anno Dom. 605. where it is thus endorfed, the old Saxon Laws, a Man convicted of a Crime Ego Augemandus Referendarius approbavi. Ego paid fuch a Fine, according to his Ability, or the Graphio Comes benedixi, Ego Tangifilus Regis optimas Eftimation of his Head, Fro redemptione fua, or confirmavi, &>c. And in another Charter of the

&

&

fame King, Tefiibus reverendiffimo Fatre Augufiino JEde. Bound, or obliged to another Dorobernenfis Ecclefiz Arcbiepifcopo Prima, &V. IRfuCbabtr, From the Sax. Rede- baldo filio meo, Hamigifilio (Duce Landav'i) Augefor fome Benefit received. mur.do Refercndario, Hocca comite, SPc. See Spelvoir, Debere. man hoc vcrbo. IttfOlll, Now Reading in Eerkjbire. 18fflctt02ium for 18eHetfO?Uni. HcDiOTcifin, Redijpfina, Is a Dijjeifin made by Inquirendum eft refle&orum valuit him, that once before was made and adjudged to etiam quantum veftura bofdrum have diffeifed the fame Man of his Lands or Tene- antequam affarta fatla fuerunt. Flcta, lib. 2. cap. ments; for the which there lies a fpecial Writ, 41. par. 38. Old Nat. Brev. fol. called a Writ of Redijfeifin. IRt'ftyfflilKUla. Walfingham in Ed. 2. Anno Horn. T06. F. N. B. fol. 188. New B ok of Entries, eodem 131 7. faith, In Rcfortiuncula fua de Horton laThe Pnniihmcnt for Redijfeifin, fee in the tens vicir.is fimilem injuriam inferebat. uerbo. It is alio taken for Statute 52 H. 3. cap. 8. Hftrfuguun, A Sanftuary or Privilege of the Church. Cum omni fua libertate &* rcfugio Erclefia the Writ lying for a Reg. Orig. 206,
ad redemptionem.
/'.

&

Rediffefin.

207.

SanBi
or IRatm.intr,

Petri de Landavia, Qpc.

Monafticori,

Tom.

Dome/day in fine Ceftrefcire, Tit. Lane. Blackburne Hundret, Rex E. tenuit Peneverdant, Ibi 11 Car. funt in Dominio & 6 Burgenfes 3 Radmans, c> 8 vill. & 4 bovar. Thefe Redmans may be the fame with Radknights, who, by the Tenure or Cuftom of their Lands, were to ride with or for the Lord of the Manor, about his Bufinefs or Affairs. IRetiubbo^, or 310ubbo,2flf, Are thofe which
IKctimflllS

pag. 122.
I8efiillu aqua:,

&

dammed or ftopt for the Ufa Cum redundatione aqua, oBodecim of a Mill. pedes ultra rcfullum aquae, pro voluntate diHorum MoStream when

High-Water, or Return of a

it

is

&

nacborum.

pag. 913. Acquittance, or Acknowledgment of renouncing all future Claim.

IfkfutaiUifl, Refutatio,

Mon. Angl. Tom.

2.

An

De omnibus receptis nomine Cloth, knowing it fuch, and change tantias faciat prout viderit buy it into fome other Form or Colour that it may not Glafton. MS. fol. 84. b. be known. Britton, cap. 29. Crompton's Vicount, fol. l&tQn. See Reuga.
ftollen

noftro

refutantias feu quie-

expedire.

Cartular. Abb.

193.

and
i.

Inft. fol.

134.

IRrgalrP,

The

King's Servants or Officers. Cu-

l8cfntrp
Rentrer,
fics

Anno ftfqal rffilhes {Anno 1 Eliz.. cap. 5.) Are Whales Rcfuming or Retaking that PoiTeilion which we had lately forgone. For Example, If and Sturgeons fome add Porpujfes. The King by I make a Leafe of Land or Tenement, I do his Prerogative ought to have every Whale caft
the
;

be deduced from the French rurfus intrare, to enter again, and figni-

May

ius temporibus in.oU nullatenus per Regales opprimeban1 291. tur. Walfingham,

therefore forego the Poffeflion ; and if I do condition with the Leffcc, that for Non-payment of the Rent at the Day, it Ihall he lawful for me to re-enter; this is as much as if I conditioned to take again the Lands, &c. into mine own Hands, and to recover the Poffeflion by my own Faci, without the Affiftancc of Judge, or other Proceft.

on Shore, or wrecked,

in

all

Places within this

Realm,
Words,)

(unlefs granted as a Royal Fijb.

to to

Subjects

by fpecial
/hall

The King himfelf

make

h;ivc the

Things, and the Queen the Tail to make WhalePat. 1 Edia. bones for her Royal Veftments. 1. m. 25. dorfi. See TraB. de Auro Regina, pag.
127.
tia,

Head and Body

Oil and other

IRceresCountT.
Xike-'t pttnt

Is

See Rier County. a Second Extent made upon Lands

or Tenements, upon Complaint made, that the former Extent was partially performed. Bro. Tit.

Extents,
Reaf,

fol.

313.

iRffnrp,

To

take away or rob.

Lat. Roba,

From

Veflis,

from whence

we

the Sax. derive

Robbery, /. e. qui Robam rapit. Leg. H. t. c. 83. Si quis mortuum refabit armis vel veftibus, Qpc. Reaf alfo in Saxon is Spolium.

Rights of a King, the Chilians reckon to be Six; 1. Power of Judicature. 2. Power of Life and Death. 3. Power of War and Peace. 4. Mafterlefs Goods, as And 6. Waifs, Eftrays, &=c. 5. Affeffmcnts. Alfo the See Royalties. Minting of Money. Crown, Scepter with the Crofs, Scepter with the Dove, St. Edward's Staff, Four feveral Swords, the Globe, the Orb with the Crofs, and other fuch

lRegalt.1 Dicuntur jura omnia faith Spelman. The Royal

ad ffcum fpeBan-

like Things ufed at the Coronation of our imbreviandum fc> ad Touching the certificandum. Kings, are called Regalia. See tin; Relation of Second Signification, the Compafs of the Rethe Coronation of King Charles the Second in Ba- garder's Charge is the whole Foreft, that b, all ker's Chronicle. the Ground which is Parcel of the Forcft ; for Regalia is fometimes taken for the Dignity and there may be Woods within the Limit* of thcEoPrerogative of the King, viz. Qui impedierunt reft, that bo no Parcel thereof, and thofc be Regem quo minus polerai exenere qua ad Rcgaliam without the Regard. Manwood, part l. tap. 7 ciP pr*r gativam /nam Knighton in num. 4. Anno 20 Car. 2. cap. 3. pertinent.

fuch

Rich.

2.

Rex Anglorum omnibus Fcr.'ftariis fuis it Regalia is alfo taken for thofc Rights and Privileges which the Church enjoys by the Grants and HEnricus Gloucefterjbirt, faluttm. Sciatis me concejftjfe other Conceflions of Kings. And fometimes it is prtfenti charta confirmaffe S. Jacobs it BriEtclefia taken for the Patrimony of the Church ; as, Re- ftowa {in qua fepultus Robertus Comes Gloceftria tft avunculus meus) &P Monaibis ibidem Deo fervientibus, galia Sanffi Petri, &>c. It fignifies alfo thofe Lands and Hereditaments pro falut* mea, &P Comitii, quod terra pro anima

Church, viz- Ctpimus in manum noftram Baroniam &P Regalia qua Archiepifcopus Eborum de nobis tenet. Pryn. lib. Angl. Tom. pag. 231. Thefe Regalia, whilft in the Pofleflion of the Church, were fubjett to the fame Services as all other temporal Inheritances and after the Death of the Bifhop they of Right returned to the King, until he inverted another with them ; which in the Reigns of William the Conqueror, and fome of his immediate Succcflbrs, was often and as often the Bifhops neglected or delay "d This appears in Ordericus complained thereof. Vitalis, lib. 10. and in many other Writers in
; ;

which have been given by Kings

ipftus

to the

ipfius

Ecclefia,

de Cifeleia,

&

&? Monachorum

in ea

Deo fervientium

bofeus tjufdim terra, fint quitta dt

Rcpro-

wardo &P

dt<imationis exigentia pro Ejfartis.

Et

hibeo ne inter Affarta antodo computetur.

Tette Ro-

berto Epifcopo VVinton.

WfjrarDanf, (Fr. feeing, marking, vigilant,) As Villain regardant was called Regardant to the Manor, becaufc he had the Charge to do all bale Services within the fame, and to fee the fame freed of all Things that might annoy it. Co. on Lit. fol. 120. This Word is only applied to a Villain or Neif, yet in old Books it was fometimes attributed to Services, ibid.

thofc Days. Neubrigenfis, lib. 5. cap. 26. tells us, ISfgarDer, Regardator, Cometh of the French they complained againft Henry 2. for that Epifco- Regardeur, i. fpeBator, and (ignifies an Officer of patui vacantes& provevientia per.iperet comma Ja, diu the Forcft. Cromp. J-urifd. fol 1 53. where it is vacate vohtit, &P E thus defined. A Regarder is an Officer of the clefiafticis potiut uftbus applicanda in ffctim redegit. So in Malmsbury, lib. I. de Geft. Foreft, appointed to fupcrvife all other Officers, and was ordained in the Beginning of King Henry See Benefi.ium. pontificum, pag. 285. IReple <f UlffOBtt.Him, The Temporal Rights the Second's Days. Manwood thus defcribes him, and legal Privileges of a Bifhop. Mandaium A Regarder is an Officer of the King's Foreft, that Roberto di Burgate eft quod faciat habere Epifctpo Nor- is fworn to make the Regard of the Foreft, as the fame hath been ufed to be made heretofore wicenft totum Regale c^uod ad Epifcopatum fuum per tinet. Clauf. 9. Joh. Brady's Append, to Hift. of And alfo to view and enquire of all Offences or Defaults of the Forcfters, and of all other OffiEngland, p. 10S. lRcn.alia tucnt Is to do Homage or Fealty when cers of the King's Forefts concerning the Execuhe is inverted with the Regalia, viz. Regalia pro tion of their Offices. This Officer may be ma.de more ijlius temporis facieni principi 7 Kalend. OBobris either by the King's Letters Patent, or by any Cantuaria ajfedit. Malmsbury, dc geltis pontificum, one of the King's Juftices of the Foreft, at his Difcretion, in the General Eyre, or at fuch Time pag. 219. de Anfclmo. Item prafati Barones as the Regard is to be made, by Virtue of the liJfgali Juffifia. (fcil. quinq; portuum) habere debent ut affermt par King's Writ directed to the Sheriff of the Councbartam fuam Regalem Jufticmm, in villa Gerne- ty for that Purpofe. More particulars of the muth, tempore ferie. una cum Ballivo feu Prspcjito Regarders Office, how he is chofen, and the Form
1

villa predict*,

viz. cognitione.m Affifa panis, iilnarum,

ponderum, Qp aliarum menfurarum, ftmiliter voyde ftrand Dennc fe undum confuetndines fnas ufitataj, &>c. Rot. Pari. 8 E. 2. num.262.

&

&

of

IRcgariJ, Regardum and Rewarditm, Is borrowed of the French Regard, i. AfpeHus, Re/peBus and though it hath a general Signification of any Care or diligent Refpeft, yet it hath alfo a fpccial Acceptation, wherein it is only ufed in Matters of the Forcft ; and there Two Ways, One for the Office of Regarder, the other for the Compafs of the Ground belonging to that Office.
;

Oath, fee in Manwood, pag;. 188, 192, 19 j, a Charter of Henry the Third, to the Matters, Canons, Brethren, Qpc. of the Order of the Houfe of Semplingham, made in the Eleventh Year of his Reign, ic is faid, Et Jint quicti tarn heminet eorurn de mifer'tcordia fore/la &P de ipft quam
his

207.

In

efapiiSf&Pde

RcwardoGP
Sec.

in marifo de vafto ubicunq;

Refttovene,

IRfcrenbunjt Is a

Word

and

fignifies

Judges

ufed in our Hiftorians, See Leg. Canuti, cap. 103.

Cromp. fur. fol. 175, 199. thus faith Manwood in his

194, 6 198. The Eyre,
or fuftice-Seat,
is

Is a Writ whereby the King Touching the former, gives his Royal Affent to the Election of a Bi1. pag fhop or Abbot. Reg. Orig. fol. 294. Foreft Laws, part General Sefftons of the Foreft, ikcgtfter, The Writer and Keeper of a Regi\

Racbimburgii. IRfglO 9(InifU

to

of Necejpty before any fucb

be bolden,
their

be kept every Third Tear Sefftons or

and ftry;

in

Lat.

Juftict-Seat can

dene through the whole Foreft, to fee and inquire of the Tref- tarn originalia quam judicialia formularum inferibur. 2. cap. 24 pajfes therein, viz. ad videnium, ad inquirendum, ad tut ; Hujtts Codicis meminit Wcftm. 25

the Regarders of the Foreft Regard, and this making of the Regard muft be called the Regifter of Writs, or of tht Chancery : Of the King's Writ, and the by Regarder is to go which thus Spelman ; Codex dicitur quo Brevia Regia,

of a Book, wherein are exprefled moft of Common Law, muft make the Forms of Writs ufed at the

Name

Regiftrarius.

Regifter

it

alfo

the

&

R E
fol.

R E
fol.

a is one of the moft ancient Books Is a Writ Judicial. $. This Regifter Reg. Judic. fol. 13, 51. of the Common Law, according to Coke on Littl. There is another Writ of this Name and Nature,

159.

54.
Is

iRegiffer of the tariff) Church (Regiftrum EcIs that wherein Baptifms, MardefiA Parocbialis) each Parifh every riages, and Burials, are in

Year orderly rcgiftred. Which was laudably inftituted by the Lord Cromwel in September, Anno reinabling a fpiritual Perlon to exercilb his Functi1538, while he was Vicar general to King Henry on, who was formerly difabled, or a refioring to
the Eighth.
IfteglSrp, Regiftrum, Is properly derived from an old French Word Gifter, i. in leclo reponere, fuo So that regiftrum is properly the loco

Anno 25 H. 8. cap. one of thofe Exactions mentioned in that Statute, to be claimed by the Pope heretofore in England, and feems to fignify a Hull or Breve, for
IfcrnabilifariOtt, Rehabilitate,

21.

a former
ISflt),

Ability.

French Raye,

i.

radius, linea, traffus.

In

Prior Lewens, pag. 21. Englifh a Rew or Raw. Omnis Lanceta, omnis Toftman, &* omnis Molman conftituere. lame with repofttorium, a Place where any Thing {qui non fedet fuper Ogeland) debent fpargere unam and from hence publick Books, in reiam de fiens, &>c. that is, faith Spelman in his is laid up ;

which various Things are inferted, arc properly Glqjfary, unum firigam, trailum vel verfum Jiercoris, termed Regifters ; and accordingly the Office, Anglice a Rew of Muck or Dung, ad Jlercorandum Books and Rolls, wherein the Proceedings of the terras Domini. Chancery, or any Spiritual Court arc recorded. l&PjojnDer, RejunBio, Signifies an Anfwer or See Mr. Nicbolfon's very ufeful Englijb Library, P. Exception to a Replication ; for Firft the Defendant puts in an Anfwer to the Plaintiff's Bill, 3. pag. 83. The f&!0fe(T(M, {Anr.o 12 Car. 2. cap. 17.) which is fometimes called an Exception. iSegitlflt in each Plaintiff's Anfwer to that is called a Replication, Henry the Eighth founded Five Lectures Univcrfity, viz. Of Divinity, Hebrew, Greek, Law and the Defendant's to that a Rejoinder, especially and Phyftck; The Readers of which Lectures in Chancery. Weft. Symbol, part 2. Tit. Chancery, are called in the Univcrfity Statutes, Regit Pro- feci. $6". The Civilians call it Duplicatio, of which Spigelius hath thefe Words, Eft autem rejuncfio feu fejfores. IKegni >GptlIi. Surrey, Suffex, and the Sea- Duplicatio vel allegatio, que datur reo ad infinnandam replicationem aHoris Coafts of Hambpire. conftrmandam exceptionem or felling out by Re- ret. Ktgratcrtf,' Regratcry, tail. ISfippUS, Precium vidua ernpt* Matrimonii caufa. Johannes Rex ftatuit anno 1 1 99- quod nullum vinum ematur ad regrateriam de vinis qu* A quo forte (faith Spelman) lex noftra antiqua de Annal. Burton, fub anno maritagiis viduarum fumferit initium, forma licet diapplbuerint in Anglia. And it may feem to be derived from the verfa,. IRegrafO;, Regratarius, May be deduced from Saxon Rippan vel rypan, i. metere, rapert, colligere, the French Regrateur, and fignifies him that buys quafi id quod capitur vel colligitur ob maritandas viWares or Victuals, on purpofe to enhance the duas. Prices ; formerly fiich as brought by Great, and JReif, According to Skene, Leg. Alexandri R. C. fold by Retail, came under that Notion. 27 E. 5. 2. paragr. 3. fignifies Robbery, and may be deriBut now that Name denotes him ved from the Saxon Reaf, rapina, Reaftan, fpoliare, Stat. 1. cap. 3. that buys and fells any Wares or Victuals in the as both from the Latin rapert. fame Market or Fair, or within Five Miles thereIs a Form of Pleading, Ifiienff upr Cifcmt of, whereof fee the Stat. 5 E. 6. cap. 14. 5 Eliz. when an Heir is fued for a Debt of his Anceftor, In the Civil Law fuch is and he hath not AJfets in his Hand, nor any it. and 13 El'tz. 25called Dardanarius, a Dardano qutdam bujus fceler'u Lands liable to be extended. Heretofore both the Inautbore, faith Spelman. IKfftpmiH. Conftit. Rob. Dunelm. Epifc. Anno Porro huic Sanctioni adjicimus, quod groffer and Regrator were comprehended under the 1276. cap. 3. Word ForeftaUer. 3 Inft. 195. and as fuch mall be ft plures liberi proprium babentes, in parentum pariter familia vivant, ad denarios qui vocantur Rekpenis punifhed. See Foreflallers and Ingrojfers. IKeguls, The Word is often ufed for the Book minime arceantur, cum ft communiter intrinfecis alunof Rules or Orders, or Statutes in a religious tur a parentibus, ftc in extrinfecis ab eifdem Utentur Convent. Sometimes for the Martyrology, or pariter fe defendi.

&

Obituary.
IBegilLtrF, Regulares, live under fome certain
;

Are fuch as profefs to make a Nullity of a Thing from the Beginning Rule fuch as Monks or (for a certain Intent) which had Eflcnce. Co. Canon Regulars, who ought always to be under lib. 3. fol. 28. Butler and Baker's Cafe: But more fome Rule of Obedience. plainly thus, Relation is, where, in Confederation of Law Two Times, or other 58pgultliinn, Reculver in Kent. Things are ISegufll!?, Subjfgulusi, Are Words often men- confidered fo as if they were all one ; and by tioned in the Councils of the Englifh Saxons : this the Thing fubfequcnt is faid to take his EfThe Firft fignifies Comes, the other Vicecomes. fect by Relation at the Time preceding. As if A. But in many Places they fignify the fame Digni- deliver a Writing to B. to be delivered to C. as as in the old Book in the Archives of Wor- the Deed of A. when C. hath tary paid a Sum of Cathedral Ego Vtbedrus de Donante Regu- Money. Now when the Money is paid, and the cejier
; ;

IRelation, Relatio, idem quod

ficlio

Juris,

To

Wicciorum conceffi fratribui, QPc. Licentia Off* In another Place the fame T7Regis Merciorum. tbredus fubferibes himfelf Subregulut WigornU civiIn another Place Offa Rex Merciorum, 17tatis. tbredus Regulus, Aldredus Subregulus, v. See
lus

Subregulus.

Ubei-auit

i&ehabere facias feiGnam quanoo feiGnam De tnajoje parte quam oebcret,

Writing delivered, this mall be taken as the Deed of A. at the Time when it was firft delivered. So Bills of Parliament, to which the King aflents on the laft Day of Parliament, fliall relate and be of Force from the firft Day of the Beginning of the Parliament, and lb it is of divers JBicecomeg other like Things,
Kelairarion,

R E
Re'eratinn, J* slcafe, or Difcharge, and Relaxation of an Attimes only Mitigation. tachment in the liourt of Admiralty. Stat. 22,25.
Car. 2.

RE
Vaflal that is of perfeit Age, afExpiring of the Wardlhip to his fufcrior Lord, of whom he held his Lands by Knighti Service, that is, by Ward and Relief: lor by Payment thereof he relieves, and, as it were, laifcth up again his Lands afrcr they were fallen down into his Superior's Hands, by Rcafon of VVardfhip, firv. See him at lar^c. Sec 12 Car. 1.

the

Tenant of

ter the

Bftfafr,
Efrates,

Relaxatio,

Is

Rights, Tithes, Entries, Actions, other Things, be fomctimes extinguiflied, fbmefomerimei abridged, foinetimes transferred, times enlarged. Wej}. Symbol, part I. lib. 2. felt. cap. 24. and there is a Releafe in I'aft, and a Releafe Relief is otherwifc thus explained, viz- A feu5 59. A Releafe in I'.iH, datory or beneficiary Eftatc in Lands, was at firll in Law. Perkins*! Grants, 71. is that which the very Words cxprelly declare. granted only for Life, and after the Death of A Rchafe in I aw, is that which doth acquit by the VaiTal it returned to the Chief Lord, for VVay of Confequcncc or Intendment of Law ; an which Reafon it was called feudum taducum, viz, Example whereof you have in Perkins ubi fupra. fallen to the Lord by the Death of the Tenant ; How thefe are available, and how not, lee Lit- afterwards thefe feudatory Lltatcs being turned And of the divers into an Inheritance by the Connivance and Aflcnt tleton at large, lib 3. cap. 8. Sorts of Rehafcs, lec the New Book of Entries, verb. of the Chief Lord, when the Pofleflfor of fuch an Lllate died, it was called hareditas caduca, i. e. Releafe. A bamming, or fend- it was fallen to the Chief Lord, to whom the ifcetfgfltion, Relegatio, ing away ; as Abjuration is a forfwearing of the Heir having paid a certain Sum of Money, he Realm for ever, fo Relegation is taken for a did then relevare hareditatem caducam out of his Baniilimcnt for a Time only. Co. on Littl. fol Hands ; and the Money thus paid was called a This mult be undcrftood after the ConRelief. V\\'l it?, Relevamen, But in Domefday, Relevatio, queft ; for, in the Time of the Saxons, there were relevium, liquifies a certain Sum of Money which no Reliefs, but Heriots paid to the Lord at the the Tenant holding by Knights-Service, Grand Death of his Tenant, which in thofe Days were or other Tenure, for which Homage Horfcs, Arms, Qpc. and fuch Tributes could not Scrjeanty, or legal Service is due; or by Socage, for which be exacted of the Englijb immediately after the no Homage is due ; and being at full Age at the Conqueft, for they were deprived of both by the

an Inftrumcnt whereby ami

Death of
1.

Entrance.

his Anceitor, paid unto his Lord at his Mag. Chart, cap. 2. and 51E. 1. flat. BraBon, lib. 2. 36. affirms, That it is calcap.

the Payment" of certain

Normans; and initcad thereof, in many Places, Sums of Money was fubftituted, which they called a Relief, and which

led a Relief, quia hareditas qua ja.ens fuit per an- continues to this Day. &P tecejforis decrjfuni, relevatur in nianus h&redum, Relief reafonahle : It is likewife fometimes calfailam relcvationem, facienda exit ab barede led lawful and antient Relief, which is enjoined propter quxdam Pr&fiatio qus. dicitur relevium; and Britton, by fome Law, or becomes due by Cuftom, and Of this alfo fpeaks the Grand Cufiumary doth not depend upon the Will of the Lord, viz. cap. 69.

of Normandy, cap. 34. The Lord of the Fee ought In a Charter of King John, mentioned by Mat. to have Relief of the Lands, which are held of him Par if. pag. 178. 5* quis Comitum vel Baronum nofirowhen thofe die of whom he had Homage. rum, five aliorum tenentium de nobis in Capite, per by Homage,

Hotoman
verb.

in

his Commentaries,

De

verbis Feudalibus, fervitium militare,

mortuus fuerit,

Relevium,

defines

it

thus,

Rclcvium

efi

hares

quod novus vaffallus Patrono introitus :aufa largitur, quafi morte iajfalli alterius vel alio quo cafu feudum teciderit, quod jam a novo fublevetur.^ What a legal and juft Relief was in the Time of Hen. 2. appears partly from Glanvile, lib. 9. cap. Canutus, cap. 97. viz. The Relief of an Earl was Dicitur autem rationabile relevium alicujus jun- Eight Wur-Horfcs with their Bridles and Saddles, 4.
honorarium,
:

relevium debeat, plena atatis fuerit, habeat hareditatem fuam per antiquum rclcvium And what that was we may read in the Laws of William the Conqueror, cap. 22. and of Hen. 1. cap. 14. and before that Time, in the Laws of
fuus

&

&

cum

decefierit

folid.

Four Helmets, Four Shcilds, Four Four Swords. Four hunting Horfes and a De Baroniis vera nihil certum Palfrey with their Bridles and Saddles: The Regii per ur.um annum mifericordiam lief of a Baron or Thane was four Horfes, Two patutum efi, quia juxta voluntatem i'omini Regis folent Baroni* capitales de Releviis //'. With Furniture, and Two without, Two Swords, Domino Regi fatisfacere. But it was more certain- Four Lances, Four Shields and an Helmet, cum The Relief of a ly fct out afterwards by Magna Charta in thefe lor'ua, and Fifty Marks in Gold. Words, Si nuts Comitum vel Baronum nofirorum, five Vavafor was his Father's Horfe, his Helmet, Sheild, aliorum tenentittm, de ncbis in Capite per fervitium Lance and Sword, which he had at his Death. militare mortuus fuerit, cum decefferit hires ejus The Relief of a Villain or a Countryman was his Relevium nobis debeat, ba- be ft Beaft, &>c. plena tit. it is fuerit, heat hareditatem fuam per antiquum relevium, fcil. lifliglOUii Pm, Religiofi, Arc fuch as enter litres vel b*redes Cemitis de integro Comitatu per into a Monaftcry or Convent, there to live decentum libras hires vel haredes Barents de Baronia voutly. In antient Deeds of Sale of Land, we hires vel h>redes tnilitis often find the Vendee rcftraincd from giving or Integra, per centum marcas
ta ronfuetudinem Regni, de feodo unius militis centum de Socagio vero quantum valet cenfus illius foca;

Four

Loricas,

Pikes,

&

&

&

centum folidos ad plus ; alienating it Yiris rcligiofis vel fudais, to the End minus det, fecundum anti- the Land might not fall into Mortmaine. See Juquum confuetudinem feoc'orum. See Old Nat. Brev. daifm. Rex Victcom. &Pe. Prcipimus tibi cuad claKitcbin, fol. 134. tap. Relief, and Glanvile, mari facias fine dilatione per comitatum tuum quod fol. 94. <<*. 9. See Ihri.t. Skene de verbor. fignif. ruilli, ficut diligunt corpora f cataUa fua, malum falib. 7.
it feodo

militi: integro, per

&> ami minus

habuerit,

verb.

clcricis contra paRelevium, faith, Relief is a French Word, ciant vel di.ant viris religion's from the Latin relevare, which is to relieve, or cem noflram : Et ft quern inde att'mgere poffimus, ad T. mctake up that which is fallen for it is given by ptoximam quertum turn fufpendi faeiemus.
;

&

ipfo

lpfo

Job. Fifteenths, for their Accounts All Informations upon penal Statutes are cntred in his Office, and lRf[igi0li6i^0Ufe, Religioft Domus, AreHoufes there all Matters upon Englip Bills ill the Exchefct a-part for pious Ufes, fuch as are Monafieries, quer-Chamber remain He makes the Bills of Churches, Hofpitals, and all other Places where Compofitions upon penal Laws, takes the StalCharity is extended to the Relief of the Poor ment of Debts, has delivered into his Office and Orphans, or for the Ufe or Exercifc of Re- all Manner of Indentures, Fines, and other ESec Notitia Monafiica, or a fliort Hiftory vidences whatfoever, that concern the afluring ligion.

apud Marlebergh,

ix

Apr. Clauf.

9.

m.

3.

of the religious Houfcs in England and Wales, by of any Lands to the Crown He every Year, in Thomas Tanner, OBavo, who in an Alphabetical Crajlino anlmarum, reads in open Court the StaOrder of Counties, has accurately given a full tute for Election of Sheriffs, and gives them Account of the Founders, the Time of Founda- their Oath ; and he reads in open Court the tion, the tutelar Saints, the Order, the Value at Oath of all the Officers of the fame when they the Diflolu tion, with Reference to printed Authors, are admitted, betides many other Things. The and Manufcripts that prefcrve any Memoirs re- Lord Treafurer's Remembrancer makes Procefs: alating to each Houfe ; with a learned and judici- gainft all Sheriffs, Efcheators, Receivers and ous Preface of the Inftitution of religious Orders, Bailiffs, for their Account. He makes Procefs of Fieri facias and Extent for any Debts due to the
:

Are fbmc Remainders of King either in the Pipe, or with the Auditors prcferved by fome living! makes Procefs for all fuch Revenue as is due to with great Veneration, as facred Memorials of the King, by Reafon of his Tenures He makes them forbidden to be ufed or brought into Eng- a Record, whereby it appears, whether Sheriffs or other Accountants pay their Prefers due at land by feveral of our later Statutes. JRemainDer, Remanentia, Is an Eftate limited Eafier and Michaelmas. He makes another Rein Lands, Tenements or Rents, to be enjoyed cord, whether Sheriffs and orher Accountants All Eftrcats of after the Expiration of another particular Eftate. keep their Days of Prcfixion. For Example, A Man may let to one for Term Fines, Iflues and Amerciaments, fee in any of his Life, and the Remainder to another for Courts at or at the Affiles or SefliWejlmir.fier, Term of his Life. Lio. cap. Attornment, fol. 133. ons, arc certified into this Office, and arc by him And this Remainder may be either for a certain delivered to the Clerk of the Eftreats, to write Term, or in Fee-fimple, or Fee-tail, as appears Procefs upon them, &c. There are alio brought by Broke, Tit. Donee & Remainder, fol. 245. and into his Office all the Accounts of Cuftomers, Glanvile, lib. 7. cap. 1. where, towards the End, he Controllers and other Accountants, to make Enhath thefc Words, Notandum quod nee Epifcopus nee try thereof on Record. See the Repertory of ReAbbas, quia eorum BaronU funt de Eleemofyna Do cords, fol. 111. The Remembrancer of the Ftrjlmini Regis &P Antecejforttm ejus, non pojfunt de Domi Fruits takes all Compofitions and Bonds for Firftnicis fuis aliquam partem dare ad remanentiam fine Fruits and Tenths, and makes Procefs againft it ap- fuch as do not ajfenfu confirmatione Domini Regis, where pay the fame, that Dare ad remanentiam is to give away in a legal !Re.r<iffer, Remittere, To reftore, pears, forever; and again, cap. 9. In like Sort doth Senfe intends a Reftitution of one that hath BraHon ufe it, lib. 2. cap. 23. and lib. 4. trail. 2.1 Two Titles to Lands or Tenements, and is feifed cap 4. num. 4. and the New Book of Entries, verb, of them by his later Title, which proving deRemainder. The Difference between a Remainder fective, he is rcftored to the former and more and Reverfion, according to Spelman, is this, antient Title. F. N. B. fol. 149. Dyer, foL 68. That by a Reverfion, after the appointed Term, num. 22. In what Cafe this may be granted, fee the Eftate returns to the Donor, or his Heirs, Bro. Tit. Remitter. And in DoHor and Student, cap. whereas by it is faid, that if Land defcend to as the proper Fountain; Remainder^ 9. fol. 19. him that hath Right to that Land before, he it goes to fome Third, or a Stranger. Ifkmanenfe?, Remanfi, Thefe Words are ufedi fhall be remitted to his better Title, if lie will. See in the Regiftcr of Domefday, to fignify pertaining Terms de la Ley on this Word, and the New Book or belonging. As de hominibus qui huic manerio rc- of Entries, and Co. on Lit. lib. 3. cap. 12. nianfi funt, i. e. Of the Men or Tenants belongIRenanf, Anno 32 H. 8. cap. 2. But it may be fuppofed a Miftakc for Reniant, i. Negans, Partiing to this Manor. I8ememb;ta>uers of the <Ert(icquer, Rememorau- ciple of the French Verb Renior, negare. ret Scarcarii, Are Three Officers or Clerks there, IRenDfT Cometh of the French Rendre, i. redOne called The Kings Remembrancer, 25 Eliz.. dere, retribuere, and fignifies with us the fume cap. 5. The Second, The Lord Treasurer s Remem- Thing. For Example, this Word is ufed in levybrancer, upon whofe Charge it lies, to put the ing of a Fine, which is cither Jingle, whereby Lord Treafurcr and the Reft of the Judges of nothing is granted or rendered back again by the that Court in Remembrance of fuch Things as arc Cognifee to the Cognifor; or double, which conrainto be called on, and dealt in, for the King's cth a Grant or Render back again of fome Rent, Behoof. Tke Third is called The Remembrancer of Common, or other Thing, out of the Land it flat. 1. the F/rJl-Fruits2. 5 R. 2. cap. 14, 15. fclf to the Cognifor, &c. Wefi. Symbol, part Thefe in 37 E. 3. cap. 4. be called Clerks of the Tit. Fines, feci. 21. and 50. Alfo there be fome Remembrance. The King's Remembrancer Enrcrs in Things in a Manor that lie in Prender, that is, his Office all Recogniianccs taken before the Ba- which may be taken by the Lord or his Officer, rons for any the King's Debts, or for Appearan- when they chance, without any Offer made by He takes all the Tenant, as Efcheats, and the like; and ibme ces, or for obferving of Orders Bonds for the King's Debts, for Appearance, that lie in Render, that is, muft be delivered or or for obferving Orders, and rnaketh out Procefs anfwered by the Tenants, as Rents, Reliefs, He writes Procefs a- Heriots, and other Services, ibid. feci, is 6. Alfo for the Breach of them. the Collectors of Cuftoms, Subfidies, and fome Service confifts in Seifancc, fome in Render. gainft VPerkins's Refervations 696. 4
IReliquei?, Reliquia, Saints that are dead,
1

&

iSrnDuadV,

IRfllDuaiifl,

Money which
Mille
filidoi

is

paid every Year,

feu Annu-

Houfes

and

after

their

Diflblution,

notwith

(landing the Lands were demifed to achats, yet aiitim. the Rents were ftill referved, and made Du Cange. payable IReneviflff, Which wc corruptly call Runnegate, again to the Crown. is one who was a Chriftian, and afterwards neWt tlultato;. Et funt Communes Latrones c> Rcgat Ckriftum: It is mentioned in Hovtden, Anno nufiatorcs hominum, &c. Trin. 28 E. 3. Ebor. 1191. by the Name of Rente:<,, viz- Et cepit in 37- qReneez qui iftcparntione facimtia Is a Writ which lici in equitatione ilia 24 paganos, &> ittnim quondam Chcifiianus fuer.it, <p Dominum Cbrifium divers Cafes, whereof one is, where Three bt
Anglic*

Rent.

Rcndualium

Tenants in Common, or Join-tenants, or pro indiderived from the French vifo of a Mill or Houfe which is fallen into De Renier, renegare, and is a Title given to fuch cay, and the one being willing to repair it, the who apoftatizc from Chriftianity to Mahuma- other Two will not In this Cafe the Party willHoveden in Rich. I. fub Anno 1 1 22. tifm. Cepit ing (hall have this Writ againft the other Two. unum F. N. B. fol. 127. Of the various Ufes of it, (faith he) in equitatione ilia 24 Paganos Rcnec/ qui quondam Chrijlianus fuerat Qp Dominum read Reg. Orig. fol. 153. &> Rex pofuit IRrpalium, A Rcpaft or Meal, unum rcpaftum, noflritm Jefum Clirifium negaverat ;
negaverat.
IReilt'fJ,

Renegado,

is

&

ad fagittandum one Meal's Meat given to fervile Tenants, when fagittatus efi. IRiTifufW, Per Rcnegcld Johannes Stanley Arm. they laboured for their Lord. Tenet in bondaClamat habere de qualibet bovata terra infra feodum de gio, 6p debet unam wedbedrip pro voluntate Domini,
etim

&

Alford

d. exieptis Do/ninicis terra,

&

ferritin feo-

fip

habebit

unum rcpaftum.

Paroch.

do prtdifto infra Hundred de Macclesfield. Ittn. apud Ccftr. 14 H. 7.

Antiq.

pag.

Rot. Plac. in 401.

The Par- catio, lRcilOU<Wlf, From Renovo, to renew : fin fued one for Titles, to be paid of Things Rcno- as the

Wfpcal Cometh from the French Rappell, revoand hath the fame Signification among u>
;

Repeal of a Statute is the Revoking it. Rail. vant, but his Horfe being only for Labour and Travel Tit. Repeal. Broke ufeth RepeUance in the fame would not renew, &c. Cro. 2 par. fol. 450. Senfe. IRf tlf, Reditus, It is called redditus in Latin, WepIeaDer, {Replacitare) Is to plead again that from redeundo becaufc as Fleta tells us, retroit fiP which was once pleaded before. Tit. R.xfiall, Lib. 3. c. 14. and it Signifies with Repleader, and New Book of Entries, Eodcm quotannis redit. us a Sum of Money, or other Confidcration Tit. to redeem a ifluing yearly out of Lands or Tenements. PlowIRppIegiare Is

properly

Thing

of detained or taken by another, by putting in 132, 138, 141. Browning's Cafe; which there arc Three Sorts, viz. Rent-fervice, legal Sureties. Sec Replevin and Second DeliveRent-fervice is, where rance. Rent-charge, and Rent-feck. a Man holds his Lands of his Lord by Fealty iRrplegiare be auerite is a Writ brought by and certain Rent, or by Fealty- fervice, and cer- one whofe Cattle are diftraincd, or put in the tain Rent. Lit. lib. 1. 1 1. or that which a Pound, upon any Caufe, by another, upon Surety cap. Man making a Lcafe to another for Term of given to the Sheriff to profecute or aufwer the Anno 7 H. 8. cap. 4. F. N. B. Years, referveth yearly to be paid him for them Action in Law. In the Terms of the Law, this Rcafon is given f. 6$. See the Regijler Orig. divers Sorts of this for it, becaufc it is at his Pleafure either to di Writ in the Table, and alfe In the
den,
fol.

or bring an A&ion of Debt. Rent-charge is, where a Man makes over his Eftate to another, by Deed indented, cither in Fee, or Feetail, or for Term of Life, yet rcferves to hima Sum of Money felf, by the fame Indenture, yearly to be paid to him, with Claufe of DiSee Littleton ubi fupra. ftrefs for Nonpayment. Rent-feck, othcrwife a dry Rent, is that, which a Man making over his Eftate by Deed indented, refcrveth yearly to be paid him, without Claufe of Diftrefs mentioned in the Indenture. Lit. ibid. See the Difference between a Rent and an AnnuiSee ty in BoBot and Student, pag. 30. Dial, prime.
ftrain,

cial,

fol.

58,

70.

The New
fol.

Regifter Judiverb.

Book of Entries,

Replevin,

and Dyer,

Ifteyileuin,
is

P levin.:,
to the

173. num. 14.

Is

a Derivation of

Reptegi-

are, to deliver

Owner upon

Pledges, and

Bringing of the Writ called Reblegtare faby him that has his Cattle, or other Goods diftraincd, by another, for any Caufe, and putting in Surety to the Sheriff, that upon Delivery of the Thing diftraincd, he will profecute the
the
cias cap.

Action againft the Diftrainer. Co. on Lit. lib. % 12. feci. 2 1 p. We read of Canes replegiati, Hounds replevied, in a Cafe between the Abbot of St. Albans, and 24 Hen. 3 Geoffery Childwick. Goods may be replevied Two Manner of Ways, Aietegavel. l&tntale Signifies Rent : Deinde petatur Rentale by Writ, and that is by the Common Law, or by Burgi per quod firm* perticarum terra leventur. Du Plaint, and that is by Statute Law, for the more Cange. fpecdy having again of their Cattle and Goods. IB'-'ltff Of aiffife, Redditus afftfa, de afftfa, vel Replevy is alfo ufed for the Bailing of a Man.

redditus afiifus.

The

Rcplcgiare efi repofcere bona mobilia dau Money or Provilions ; fo called becaufe it was apud PrxfeBum made five fidejujfore ; fane C? Auglis aflifed or made certain, and fo diftinguifhed from breve per quod bona ea repofcerent, to Replevin, cSPr. redditut variable Rent, that did rife Voffius de Vitiis fermonis, lib. z. cap. 25. See molilis, and fall , like the Corn-Rent now referved to Skene eod. verba. Colleges. IRenlfuifl, Replegiare, h to let one to MainiacntB Ifiefolutt, Redditus refiluti. Are account- prife upon Surety. Anno 3 E. 1. cap. 11. ed among the Fee-farm Rents, to be fold by the IRepllcatlOP, Replicatio, Is an Exception of the Stature of 22 Car. x. cap. 6. And are fuch Rents Second Degree, made by the Plaintiff upon the or Tenths as were antiently payable to the firft Anfwcr of the Defendant. Weft. Symbol, part Crown, from the Lands of Abbics and religious 2. Tit. Chnnccry, feci. JJ. and Wefim. z. cap. 36". It B b b
in
fet
1

of antient Tenants paid

certain and determined Rents Staundf. PI. Cor. fol.

2, 74.

and Wefim.

I.

cap. II.

Quantity of 6

J.

Civilians call this Admiffionem tertij Kepofition Of tlje f 0,lt>ff, Repofttio Forefi*, Was pro fuo an Act whereby certain Forcft Grounds being intereffe. Refceit is alfo applied to an Admittancc made Purlieu upon View, were by a Second View of Plea, tho' the Controvcrfy be only between laid to the Foreft again. Manivood, part 1. pag. Two. See Broke, Tit. Efioppell, and Co on Lit. fol.
:

that which the Flaintiff replies to the was held, was anciently called Camera alba. Rot Defendant's Anfwer in Chancery ; and this is ei- Pari. Anno 17 Ed. 3. IRerr Cuuntp, Writs pall be deliverther General or Special. Special is grounded upon Statute Matter ariling out of the Defendant's Anfwer, ed in the full County, cr Rere County. Et pro Fine Se8<e CiirU Sv. General is fo called from the general Words z Ed<w. 3. cap. 5. vocat. Rere Countc. therein ufed. Comp. tern. Hen. 6. See Rier Is a publick Relation of County. Iftepojf, Reporttis, Cafes judicially argued, debated, refolved, or i&eUtit,Receptic, Is an Admiflion,or Receiving in any of the King's Courts of. Juftice, a Third Perfon to plead his Right in a Caule adjudged with the Caufes and Reafons of the fame deli- formerly commenced between other Two. New vered by the Judges. Co. on Lit. fol. 293. Alfo Book of Entries, rjerb. Refceit. As if Tenant for when the Chancery, or other Court, refer the Life or Years brings an Action, he in the Reveror comparing an Account, sion comes in, and prays to be received to defend Stating of fome Cafe, &>c. to a Mafier of Chancery, or other Referrec, the Land, and to plead with the Demandant. Sec Bro.Tit. Refceit,/. 205. and Perkins's Dower, his Certificate therein is called a Report. 448.
It is alfo

The

prife,

IRcu^lfalB, (Reprifalia) From the rei unius in alterius fai. e. Recaptio, vel captio the Common and Civil tisfaBionem) is all one in

102. It is menIRefCPit Of Receptio Homagii, Is the iRppofttUg, i. e. Secret or private l^Otrtage, " Lord's tioned in Malmsbury, Lib. 4. cap. 2. viz- Mud re Receiving Homage of his Tenant at his Admiflion to the Land. Kitchin, See poCifum prspofitum non ita vulgabatur. fol. 148.

French Re- Homage.

IRelCOtie', Refcoujfe,
i.

contra quem- ful Authority ; as if a Bailiff, or other efi potefias pignorandi Orficer, 8 dam- upon a Writ doarreft a Man, and others de terra debitoris data creditori pro injuriis by Violence take him away, or procure his This among nis acceptis. Vocabular. utriufqy juris. Elcape; the antient Romans was called Clarigatio, of the this is a Refcous in Fail. So if one diftrain Beads

Refcuffus, Comes from the French Liberatio, is a Rcfiftance againft law-

Law. Reprifalia

libet

Verb

Clarigo,

i.

res

dare
2.

repetere.

It

is

named

in for

the Stat. 27 E.

becaufe one for Defect of Juftice in another TerGoods belongritory, redrefleth himfelfby the ing to Men of that Territory, taken within his own Bounds.
IRep^iftS
Is

5. fiat.

cap. 17.

Law of Marque, them

and Duties which are yearly paid out of a Manor and Lands, as Rent-charge, Rent-feck, Penjions, lies for this Faft called Breve de Refuffu, whereof you may fee both the Form and Ufe in F. N. Corrodies, Annuities, Fees of Stewards or Bailiffs, &c. Wherefore when we fpeak of the clear yearly B.fot. 101. Reg. of Writs, fol. 12$. and New Book Value of a Manor, we lay it is fo much per an- of Entries, verb. Refcous. This in fome Cafes, in Matters relating to Treafon, is Treafon; and in num ultra reprifas, befides all Reprifes. Matters concerning Felony, is Felony Cromt. > F IRepjifae May be derived from the French Rethat is taken back : So that to Reprive, is Jufi.fol.^ pris, Is he that commits fuch a iBefCUffOj a Prifbncr Refcous. or
Rep. par. fol. 419. from the Execution and Proceeding of the Law it tfeifer, Refeifire, U a Taking again of Lands Time. for that into the Hands of the King whereof a general or IRepfilber. Tempore quo villa S. Edmundi nomen & le was
,

commonly taken

for Deductions

Damage- feafant in his Ground, as he drives in the Highway towards the Pound, they enter into the Owner's Houfe, and he with-holds them there, and will not deliver them upon Demand, this Detainer is a Refcous in Law. Co. on Lit. lib. 2. cap. 12. Cajfanaus in his Book De Confuetud. Burg. f. 294. hath the fame Word coupled with : It is alfo ufed for a Writ which refiftentia

properly,

to take back,

fufpend,

Cro.

Livery, maine, Oufier formerly mis-fued, libertatem Burgi accepit, folebant Homines de fingulis contrary to the Form and Order of Law. Staundf. domibus dare Cellerario unum denarium in principio See Refumption. Prerog. 26. fir Augufti ad metendum fegetes no as, qui cenfus dicebaIBefprbafion, Refervatio, A keeping or proviEx Cartular. S. Edmundi ding ; as when a Man lets his tur Repfilver. Land, he referves a MS. penes Job. Epifc. Norwic. fol. 316. From Rent to be paid to himfelf for his Maintenance. whence, and other Records, it is evident, Sometimes it Signifies as much as an Exception; that the fervile Tenants were bound to reap for as when a Man lets a Houfe, and referves to himLord ; *nd to be excufed from that Labour, felf one their Room, that Room is excepted out of they paid fome Acknowledgment in Money, as the Demife. See Perkins's Refervations per totum, a Compcnfation for Difcharge of the Work, and and Terms de la Ley, eodem verbo. as a Mark of their former Tenure and DepenIRcfet, Skene hath that in one Place, and Refetter dance. Which Money was called Repfilver, be- in another Place in both which he ; expounds it caufe paid for Exemption from the cuftomary to fignify the Receiving or Receiver of a profcriDuty of Reaping for the Lord. bed or outlawed Perfon, and may be derived from Weputatir, The fame with RefpeSus, i. e. Re. our Englijh Word Reeeit. Sine Repucationc reddat debitum. IRefiance, Refiantia, Seemeth to come from the fpite or Delay. French Rejfeant or Refeant, Refidenr, and Canon. Hibern. lib. 33. cap. 4. figniISfqmCe, Curia requifitknum, See in Court. It fies a Man s Abode or Continuance in a Place. is utterly taken away by Act of Parliament; but Old Nat. Brev. Whence alfo comes the fol. 85. you may read of it in Gwin's Preface to his Read- Participle refiant, that is, continually dwelling or The Place where this Court abiding in a Place. Kitchin, It is all ings, and elffcwhere.
fol.

33.

one


R E
one indeed with Refidence,
ties

R E
but that Cuftom whereby this is taken a Charge incident away Veteri or ariling from Knights-fervice, &c.

this

only to

Pcrlbns Ecclcfiaftical.

autem jure

Quandoq; Qyi refponfum defert. dc releantil'a. Ubi in margine notatur, gives an Anfwer, is he that appears for another eflonium de rcleantifa idem valet quod eflonium dc in Court at a Day afligncd, concerning whom malo lecti. And all thefc fecm to be drawn hear Glanvile, lib. I*, cap. 1 Placita in [ufrom the French, who fay, Ex.ine de mal rcflcant. perioribus expofita alia Profequi
cap.

etiam > Scotico IRefponOfat fuprhoj, Where the Sheriff* are noftro (faith Sptlman) aliud fignificat, utpote morbum validum feu veteranum, rcmovcablc for Inefficiency, (as in London) rede fuis adibus prohibetur : Eflonium fpondeat Superior, that is, the quo quts exire Mayor and Commulo lecti nmuiifatur, hoc efi excu monalty of London. Pur agitur quod dc infufpeiency del Bayliffd'un fatio quod ratione infirmitatts fiflere fe in foro non liberty, refpondcal Dominus libertatis. 44 E. k, 1 J. icleaiuifa. Glanvile, 4 lull. fol. 114. valeat, eflonium r.uncuoant de interxenit (eflonium) ex II. lib. i. Kefnnnfalia, He who
infirmitate

See Skene de
tin

verb. fignif. verb. Refcantifa. Is derived from IReftOentf ,

Word

glut efi. Iftefionatlon, Refignatio, Ts ufed particularly for the giving up of a Benefice into the Hands of

only to declare the Caufe of the Party's Ablcnce, whether Demandant or Tenant ; and R'fponfalis came for the Tenant not only to excufe his Abfence, but alio fignify what Trial he meant to the Combat or the cap. 13. undergo, v.z,. Country. A IRrliOCnft Is a Tenant who is bound refidere on Man in anticnt Time could not appoint an Athis Lord's Lands, and not to go from thence. torney for him, without Warrant from the Court. de aliis tme.it, ei Fleta, lib. 6. cap. 1 3 See Attorney. This Word is Leg. H. I. cap. 43. Quantumcunque debet cujus le ufed in the Canon Law, Qp ejus refidens ejfe magit obnoxius efi, fignificat Procuratorem vel cum qui abfenttm excufat.
.

Common and Canon Law, for the Continuance or Abode of a Parlbn or Vicar upon his The Default whereof (except the Benefice. be qualified and difpenfed with) is the Party Lofs of Ten Pounds every Month. Anno 28 H. 8.
the

quit potefi ficut quxlibet placita civilia, tarn per feipfum quam refponthe La- falcm fuo loco pofitum, Qpc. But Fleta make a DifRefidentia, and is peculiarly ufed both in ference between attentat urn, effoniatorem Qp Refidere, refpon-

falem.W.

6.

c.

n.feij. Officium.

As

if effoniator

came

&

the Ordinary, otherwifc by the Canonifis termed

Renunciatio.
it

And though fignify 32 cap. ture with the Word Surrender, yet it is by Cu- 24. In Rot. Pari. 9 Rich. . it is written Refponftom rcftrained to the yielding up a Spiritual of TemiRefponftltn, i. e. Bufinefs: The Word is ufed Living, and Surrender to the giving up Hands of the Lord. And a in this Scnfe by Florence of who tells us, poral Lands into the rVorceJler, now be made into the Hands of That Pope Alexander fent two Perfons to Edvi. 1. Refignation may the King, as well as of the Diocefan, becaufc he pro Refponfis Ecclefiafiicis. as the Autboritatem IRcttarf 1. e. To or hath : It is mentioned
all

one

in

Na-

UJfipoijfton*, Refponfior.es, Seems to be a Word chiefly ufed by the Knights of St. Join of Jerufalent, for certain Accounts made to them by fuch as held their Lands or Stocks. Anno H. 8.

Pope

Supremam had here

E.clrfiafiicam,

tray

ftop

in

Times

paft

Plowden,

fol.

49S. in Matt. Parif. 515,

cit

viz.

Equos &> homines meos feYielding up aThing unlawfully taken

Grendons Cafe. in Ibffojr, or IReHtUf, Is a Word properly ufed a Writ of Tail or Coufenage, as Defcent is in a Writ In Frenh it fignifics the Authority or of Rieht. a Court, Salvo tamen tarn reflorto Jurifdiction of quam a His jure nofiro Qp etiam jure alieno. Lit. Pat. mentioned by Phillippi le Hardy Reg. Francis,

reftarc, donee

pagium

IRfflltUtion,

Refiitutio,

extorfiffet. Is the

gain.or Rcftoring of any from another. But it is the Common Law for the of Lands or Tenements
fully diffcifed

moft frequently ufed in

letting

him in Pofleflion that hath been unlawit is

of them
not,
ufq;

which when
fee Crompton's

to be
of

Spelman in his Gloflary.

Dernier refort, laft

Re- done, and when

Peace, fol. 1 44. fuge. Is a iReflitutione IRefpectu comnuft JUtcrromififl fiauentio Writ for the Refpiting of a Shcrifl 's Account, rcftorc a Man to thcTrcafurer and covered for his uponjult Occafion; directed

ad

Jufiice

49.

ejrtracti

ab ecclt ffa Is a writ to Church, which he had reSanctuary, being fufpe&ed of Feto the
fol.

Barons of the Exchequer.

179. ISffpinarf, tions it in a

Regifier,

fol.

139 &= lony.

Reg. Orig.

69.

tempojalium Is a Writ that lies To confidcr. Knighton men- where a Man being elected and confirmed Bifhcp i. e. Judgment for High Treafon, Anno of any Diocefe, and hath the King's Royal Afdiilo Rogero fent thereto, for the Recovery of the Temporaries, 1331. viz.- Omnes articuli fuperius de &> notorii, unde refpiciatum or Barony of the faid Biflioprick And it is diveri funt attefiati & adjudication efi quid pr. d'iBus Rogerus ut pro- rected from the King to the Efchcator of the ditor inimicus Regis & Regni difiracfus fit '& County, the Form whereof may be read in Reg. Orig. fol. 294. and F. N. B. fol. 1 69. fufpenfus. It is ufed for Delay, ForIs a IRflummonjB, Refummonitio, ifiefpife, Refpeftus, Decompound bearance, or Continuance of Time. Glanvile, lib. of Re, fub and moneo, and fignifies a Second Sum12. cap. 9. in breve Regis. Prjcipio tibi quod poni mons, and calling of a Man to anfwer an Action, terminum com- where the Firit Summons is defeated in refpectum, ufq ad aiiquem facias upon any Occafion, as the Death of the Party, or fuch petentem.
iRettitutione
:

&

IRlfuite Of lrcmiagf,

RefpeBus Homagii,

Is

Forbearing of Homage which ought firft of all to be performed by the Tenant that holdeth by Homage; and it had the moft frequent Ufe in fuch as held by Knights-fervice in Capite, who did pay into the Exchequer every Fifth Term fome (mall Sum of Money, to be refpited the doing of their Homage. Sec the Stat. 1 2 Car. 2. cap. 24.

the like. Sec Bro. Tit Refummons, fol 214. Of thefe there are Four Sorts, according to Four divers Cafes in the Table of the 1. Judicial,

and

New

Regifier

fol.

Book of Entries, verb. Reattachment and

Refummons. IRefumption, Refumptio, Is a Word ufed in the Statute of 31 H. 6. cap. 7. particularly to fignify the Taking again into the King's Hands fuch
I

Bb b

Lands

RE
Lands or Tenements
gestion,

RE
'

3 earn partes difirahebant. integrant ententes, per minutiores to buy by Great, and fell by Retail, i. t. Anglice,

Porro as before, upon falfe Sug- decimandis, & mortuariis inde folvendis. or other Error, he had delivered to the hoc SanHioni adjicimits, quod fi plures tiberi proprium to any Man. habentes, in parentum pariter familia vivant, ad dena Heir, or granted by Letters Patent Tit. Rcpellance Bro. Refumption, fol. 298. 31 rios qui vocantur Retc-penis tnintme arceantur : Cum communiter intrinfecus aluntur a parentibus, H- 6. cap. 7. and 19 H. 7. cap. 10. See Refeifer. ficut 4 Edw. 6. cap. 21.) Qui rem fie in extrinfecis ab eifdem Ulentur pariter fe de{Anno IRetail,

&

&

fendi.

by Parcels.

IRetare, Arretare, ReFfare, ad reclum vocare. To Idem Brianus fuc, implead, or profecutc. in eaDomini Regis quofdam retavit de fcrefia dem curia fuum de furto, de quo primum re-

judicium

tatus

MS.
i. e.

fuerit, recepturus fuit. fol. t ]6. a.

Cartular.

Radings.

ISftmenfifl, Retinue, or Perfons retaining to a Prince or Nobleman. Ad inquirendum de numero rctincntije prafati Johanna ab ultimo adventn fuo in Hibernians, &> de continuation ejufdem rctinentias. Pat. 14 Ric. 2. tag. 2. m. 8. l&erractuxt aqi:, Ebb, or low Water, the Retreat of the Tide. The Exprcffion occurs in Placit.

coram Rege Pafch.

30 Edw.

I.

apud Cantuar. Rot.

iSetatlO,

The
it

retting

or

ritting

of Flax or Hemp,

58.

ISetrarit" Is fo called, becaufc that Word is to the Sun, or Steeping it in the the effectual Word in the Entry, and is where ripened and made fit to run. Inthe Plaintiff or Demandant comes in Perfon into ter antitjuas confuetudines Abbatia S. Edmundi Item Cellerarius folet accipere tbeoloneum de lino the Court, and fays, He villi proceed no further. And this is a Bar of all other Actions of like or retationis, fell, unam retam de qualibet tempore cerva vel romula. Cartular. S. Edmundi. MS, inferior Nature, Qui femel adionem renunciavit, Co. on Lit. lib. 2. cap. amplius repetere non poteft. fol. 314. Is the Firft Fee 11. fedt. 288. The Difference between a Nonfuit IRetaitll'ng 5fee T Merces retinens, or Counsellor at Law, and a Retraxit, is, that a Retraxit is ever when given to any Serjeant furc that he Shall not the Demandant or Plaintiff is prefent in Court ; whereby to make him It is Honorarium feu but a Nonfuit is upon a Demand made, when he be on the contrary Part Annum caujidici pracedaneum, quo client i fuo obliga- Should appear, and he makes Default. Retraxit pt (as we faid) is a Bar, fo is not a Nonfuit, for he tur ne adverfarii caufam agat. IKfteilUr, From the Latin retinere, Signifies in may commence an Action of like Nature again. a legal Senfe a Servant, but not Menial or FaIRefropannagiuni, After-Pannage, or the Runin the ning of Hogs in a Forelt or Park, when the miliar, that is, not continually dwelling Houfe of his Mafter, but only wearing his Livery, Acorns or Malt is eaten, and little left, but Hips, and attending fometimes upon fpecial Occafions. Haws, &>c. Et debent habere retropannagium a This Livery was wont to confift of Hats, (or Fcfio S. Martini ufq; ad Feflum purificat. Beat* Maria Hoods) Badges, or other Suits of one Garment Petit, in Par. temp. Ed. 3. IRffurn, Retuma vel retorna, Cometh of the by the Year ; and were many Times given by Retout , i. and Lords and Great Men, upon Lefign of Mainte- French recurfus , reverfio , our Law hath Two particular nance and Quarrels, and therefore juftly for- in Applicabidden by feveral Statutes, as i R. 2. cap. 7. tions ; the One is, the Return of Writs by Sheand grievous For- riffs and Bailiffs, which is only a Certificate upon Pain of Imprifonmcnt, feiture to the King; And again, 16 R. 2. cap. made to the Court of that which he hath done, 1. and 1 H. 4. cap. 7. by which touching the Execution of their Writ directed 4. 20 R. 2. cap. the Offenders Should make Ranfom at the King's to him. And this among the Civilians is termed Will ; and any Knight or Efjjuire thereby duly Certificatorium; of Returns in this Signification So is the attainted, Should lofe his faid Livery, and for- fpcaks the Statute of Wefim. 2. cap. 30. Which Statute is Return of a Commiffion a Certificate or Anfwer feit his Fee for ever, &c. further confirmed and explained by 2 H. 4. to the Court of that which is done by the ComAnd miSIioncrs, Sheriff, Bailiff, or other, to whom 21. 7 H. 4. cap. 3. and 8H. 6. cap. 4. cap. Offence was So deeply rooted, that Ed- fuch Writs, Commiflions, Precepts or Mandates yet this ward the Fourth was neceflitated to confirm the are directed. Alfo certain Days in every Term are former Statutes, and further to extend their called Return-Days, or Days in Bank ;and fo HillaryMeaning, as appears by 8 E. 4. cap. 2. adding a Term hath Four Returns, viz. OBabis H.llarii, of Five Pounds upon every Man Quindena Hillarii, Crafiino Purifcationis and Oftabis fpecial Penalty that gives fuch Livery, and as much on every Purifications. Eafter-Term Hve, viz, Quindena one fo retained either by Writing, Oath or Pro- Pafihs, Tres Pafcha, Menfe Pafch*, Qjtinq; Pafch*, and Crafiino afcenfionis Domini. mise, for every Month. Thefe are by the Feu Trinity-Term Four, O&abis Trinitatif, Quindena dills called sfjfidati, fie enim dicuntur qui in alicu- i. Crafiino Trinitatis, And as our Re- Trinitatis, Tres Trinitatis ; and Michaelmas-Term tutelam recepti funt. jus fidem to wit, Tres Mhhaelis, tainers are here forbidden, fo are thofe Affidats Six, menfe Michaelis, But moft of the above- Crafiino animarum, Crafiino Martini, OBabis Marti in other Countries. mentioned Statutes are repealed by 3 Car. 1. ;, Quindena Martini. See the Statutes of Davs in Bank, 51 H. 3. 32 H. 8. cap. 21. and 17 Car, cap. 4. IRettnemenfum, Reftraint, Detainment, With- c. 6. The other Application of this Word is in holding. A full and abfolute Conveyance was Cafe of Replevin for if a Man distrain Cattle for anciently made in this Phrafe, Sine ulk retene- Rent, &e. and afterwards juStify or avow his mento. Aft, fo as it is found lawful, the Cattle before delivered unto him that was distrained, Ifietentia, for l&etinentia, . . A Retinue. upon SeA Rate-penny, or customary curity given to follow the Action, Shall now be lRetspentl)>, Due of One Penny for each Perfon to the Parifli- returned to him that distrained them. Bro. Tit. In the Synodal Statutes of Robert BiShop Returns d' avers Prieft. hommes, fol. 218. and F.N.B. of Durham, Anno 1276. cap. 3. De rebus Uberorum in his Table verb. Return.

Expofmg

Water,

till it is

'

&

&

JReturno

RE
that

RH
lies
I

for him Nomen verbale, and derived of the Verb Reverter, Cattle, and &> apie did mn potrjl revcrfio antequam revertalur in proved his Diftrcfs to be lawfully taken, for re- faHo ; and therefore Co. on Lit. fol. 142. lays, turning to him the Cattle diftrainccl, which be- Revcrfio terr* ejl tanquam terra revertens in pofrjfifore were replevied by the Pftrty diftraincd, upon one Donated Jive l.redibus fail pofi donum finttum. Surety given to profecutc the Aftion ; or when It hath a double Acceptation in Law, the one is, the Plaint or Adion is removed by Rnordari, or Jus revertendi cum flatus poffefftonis demerit: An.1 Accedat ad Curiam, into the Court of Common this is but an Intercft in the Land when the
Is

Ukturno IjabenDO has avowed a

Writ that

Diftrcfs

made of

Pleas, and he whole Cattle were diftraincd Default, and doth not proiecutc his Suit.

makes

IBetUCnum aufrituumls a Writ Judicial, granted to one impleaded for the Taking the Cattle of another, and unjuft detaining them contra vadium &P Plegioi, and appearing upon Summons, is becaufc the Plaintiff difraiflcd without Day, makes Default ; and it lies for the Return of the Cattle to the Defendant, whereby he was fummoncd, or which were taken for Security of his Appearance upon the Summons. Regifier Judicial,
fol.

the Poffeffion and for a Time, cca fcth, and is determined in the Pcrfons of the Alienees, Affignees, Grantees, or their Heirs, or effectually returns to the Donor, his Heirs or The Difference Afligns, whence it was derived. between a Reverfton and a Remainder, is, that a Remainder is general, and may be to any Man, but he that granteth or convcycth the Land, &c. for Term of Life only, or othcrwife.
2.

Poffeffion (hall fall.

When

Eftate

which was parted with

Reverfton

is

to himfelf,

from

whom

ance of the Land, fife, proceeded, and is com4. a. iftetumum trreplrgiabile is a Writ Judicial, monly perpetual, as to his Heirs alfo. Lit. lib. fent out of the Common Pleas to the Sheriff, 2, cap. 12. See Co. lib. 2. fol. 51. Sir HugbCbolmfor the final Reftitution or Return of Cattle to ley's Cafe and yet a Reverfion is fomctimes conthe Owner,unjuftly taken by another, as Damage- founded with a Remainder. Co. lib. 2. fol. 67. the Jury before Tufticcs Tooker's Cafe. feafant, and fo found by PIowden,fol. 170. HiU's Cafe. What
;

the Convey-

of Aflife in the County, or othcrwife by Default of Profecution. Reg. Judic. fol. 27.
Ifebf, alias d5rri'\)f,From the Saxon

this

Word

Reverfion

in a
12.

Deed docs carry,

fee

Littleton,

lib. 2.

Word

Gre-

IReUBI;?,
terrtc in

tap.

Lamb.'j Explication of Saxon Words, f, PrtfeRus. verb. PrxfeBus, (ignifies with us the. Bailiff of a

De

dono

Ridge, or Rudge of arable Land. Rogeri del Ejlre unum cugiam

1

Gernemath.

Franchifc or Manor, cfpecially in the Weftern IRetltCU-, Parts of England: Hence Sbire-reve for Sheriff. a Caufc hath been heard, and the Decree figncd Sec Kitcbin, fol. 43. Sec Greve and Sher'jf, and and enrolled ; and fomc Error in Law appears 10. See alfo Church reve. upon the Decree, or new Matter difcovcred in Verfiegan, cap. toCOElacI), i. Rebellion, from Re-.ellare, to Time after the Decree made, which Bill cannot latroinium be exhibited, but rebcll Qyicunquefaciebat Revclach vel by Liccnfe of the Court. Sec vel violentiam foemint in domo inferebat, 20 folidis emtn- Collection of the Chancer) Orders, pag. 69. Gale. Domcfday, Tit. Ccftrcfcire. debatur. if.ebll)inft Is a Word metaphorically applied to IRebelanO, Domcfday-Book, Herefortfc. Terra Rents and AQions, and (ignifies a Renewing of
:

Mon. Angl. Tom. 1. p. 5 5. Bill of Review in Chancery is, where

1

terra fuit tempore Edwardi Regis Tainland, fed pojlea converfa eft in Rcveland. Et item dicunt Legati Regis, quod ipfa terra dP cenfus tpii

Regis.

Hoc

them

divers

is

The Land which inde exit,furtim aufertur a Rege. here (aid to have been Tbaneland, T. E. R. and

after converted into Rcveland, fcems to have been fuch Land as being reverted to the King after the Death of his Thane, who had it for Life, was not fince granted out to any by the King, but refted the Account of the Reeve or Baiin
liff

be extinguifhed. Of which fee Examples in Broke, Tit. Revivings of Rents, A3 ions, &c. fol. 223. Up ill Of LRiWiUo; Is where a Bill hath been exhibited in Chancery againft one, who anfwers, and before the Caule is heard, or if heard, before the Decree enrolled, either Party dies
after they

this

(as it feemcth) being in of Hereford like the Reeve in ChauLordfhip concealed the Land from cer, a falfe Brother, the Auditor, and kept the Profit of it to himlelf, till the Surveyors, who are here called Legati and prefented to Regis, difcovcred this Falfhood, the King that furtim aufertur Regi. This PalTagc from Domefday Book is impcrfeaiy quoted by Sir Edtv. Coke, in his Injl it utes, feci. 117. from thefc Words draws a falfc Inference,

Charge upon of the Manor, who

In this Cafe a Bill of Revivor muft be brought, that the former Proceedings may Hand revived, and the Caufc be finally determined.
ItUnocatlOlt,
Revocatio,
Is

the Calling back of

in

Thing granted, of which you have divers

Reg. Orig. as Revocationem brevis de auditndo 8P terRevocationem prdfentationis, minando, fol. 124. fol. 504, 305. Revocationem Proteilionis, fol. 23.

Revocationem
fol.

fpecialium Jufliciariorum quia,

&c

20 j. IReiuarD.
IRfbnep,

who

See Regard.

Anno 43

Eliz.

cap.

10.

So as fome

Water are found to prink, Rcwey, Land holden by Knights-Service was called Thain- equally cockling, light and notable Faulty, &c. it land, and Land holden by Soccagc was called Rcve- is as much as unevenly wrought, and full of See Tun-land. Reives. land. Vide Spelman of Feuds, c. 24. Is a Part in the Divifion of the IRebClB Signify with us Sports of Dancing, IRlianDir
Clothes being put in

That

Masking, (*Pc. ufed in Princes Courts, the Inns of Court, or other Noblcmens Houfcs, which are commonly performed by Night and there is an Officer to order and fupervife them, who is in;

Country
Cantref

in

Wales before the Conqueft

a

as

firll

under which were fo many Commots, each Commote had Twelve Manors or Circuits, and Two Townfbips ; there were Four Townpips to every Manor, every titled Maflet of the Revels. IRebtrtue Is a French Word, fignifying as Redi- Townfhip comprehended Four Gavels, every Gavtl Tenements were contus, and denotes properly the yearly Rent that had Four Rhavdirs, and Four accrues to every Man from his Lands and Pof- ftituted under every Rhandir. This Word Rhandir admits not of any proper Significancy in feffions. A returning again ; it is Englifb, but is by Dr. Davis rendered Pars aut iRetjerGon,
confifted of

Hundred Towns,

Rtverfto,

'

fort

R
fors
tire,

RI

hereditaria,
difiribuere.

from the Verb,

Taylor'*

Overflowing of the Sea, Florence abrogated by the Stat. 7 H. 7. cap. 4. ihieii0 p?ffc par le fair, i. e. Nothing pafles by Anno 1075. fade rebus omnibus difyofiWor.efier, tis ordinatis (Rhcuraatc adveniente~) fejlinanter the Deed , is the Form of an Exception taken in fome Cafes to an Action. See Bro. Tit. EltraunAnihoras fuflulerunt. A River in Lancajbire. See Belifama. ger al fait ou Record. fiUlbfi, i&iene prr cefcent (*. e. Nothing by Defcent) Is The River in Germany, from Rinnan, IRtlltlC, to flow ; fo called, becaufc of us rapid Courl'e, the Pica of an Heir, where he is fued for his Anbut rather from the Sax. Rein, which fignifies celtor's Debt, and hath no Land from him by So a- Defcent. See 3 Part Croke's Rep. fol. 151. Pure, from the Clearnefs of the Water l&lfr Countf, Retro-comitatus, Comes from the the Saxons, Ryne wetera, fignificd a Watermong courfe So in Somerfetfbire, they call the little French Arrier, poflerior, and in the Statute of 2 Streams between the Moors, which rife high with E. 3. cap. 5. is oppofite to open County ; and by comparing that Statute with Wejlm. 2. cap. 38. it Floods, Rhines. appears to be fome publick Place, which the JKlJUdimiltri, Routon in Shrepfbire. Sheriff appoints for the Receit of the King's in Kent. JRIllltupi*, Richborow near Sandwich A Piece of Gold current for Ten Shil Money after the End of his County. Fleta fays, IRial, In 1 H. 6. by Indenture of the Mint, a That it is Dies crajlinus pofi comitatum, lib. 2. lings. Pound-Weight Gold of the old Standard was cap. 6^. iRifjflarr, To take away any Thing by Force coined into 45 Rials, going for Ten Shillings aor a proportionable Number of half Rials, From the Sax. Riefe, Rapina, from whence comes
fSheunifl,

pag. 69.

Iftiena Being le qarD Was a Challenge to a Rhannit, Paror Enqucft of London, for that Four fuffiof Gavelkind, Jury PPiftory cient Men, tzr-c. were not impanelled: But it is

The

of

&

or Rial Fargoing for Five Shillings a- piece, Vide things going for Two Shillings Six-pence, Lowndes's Effay upon Coins, p. 38. The Golden Rial in 1 Hen 8. was to go at Eleven Shillings Three Pence. In 2 Eliz. Golden Rials coined when a Poundat Fifteen Shillings a-picce, Weight of old Standard Gold was to be coined into 48 Rials. In 3 J-ttc. 1. Rofe-Rials of Gold
at

piece,

our Englifi Word to Rifle Sape etiam contingit ut hoc modo depefitum pro furto rciflato, &c. pofiea fuit intertiatum Qp ad hoc denique comprobatum. Leg. H. 1. cap. 57. JRittetum, A Coppice, a Thicket, a Spiney, a Place of Bufhes and Thorn's. Sciant pra:

&

fentes futuri quod Ego Thoroldus de Cafire relaxant Dominis me'is Roberto Abbati &> Conventui de Bur-

&

given Whoremonger, Wickednefs and Loofenefs. Petition againtr Ri- 3. cap. 23. upon felonious wounding againft the Et defignandum erit, cujus longitudinis Rot. Pari. 50 . 3. Peace. bauds and fturdy Beggars. utrum fit plaga num. 61. fuerit plaga cujus profunditatis, vel riflura, ad hoc quod procedat Duellum vel non See Cocceium. profitbii)C(Ier. IRlC Is a Saton Word, fignifying as much as cedat, ut fciri pojpt per fadum, utrum fit injuria And it mall be difcovered, how vel felonia, i. e. Regnum in Latin. Cambd. Brit. p. 346. See RoU. HiiDtr^lRofl. long and how deep the Wound was, and whether a Wound, or the Flcfh, and Skin were IftlCUlU^, For Curriculus, or Vehiculus : In Bromp- it was as we now call it, ton, R. 1. Multitudo vera Riculorum &= afinorum, only riffled, or, rippled, (or a fo as it onerariorum fub numero non facile cadebant. flight Scar) might be determined whether e the Duel mould proceed or not, and that it IBtOge or iRlg Of ?UmD, Riga, Terram quam in aggerem efferunt arantes, ita ut fic- might be known whether the Fact was a Trcfpafs pluribus fulcis ca fedes frumenti habeatur, Romani ftrigam {atque or Felony. inde agros ftrigatos) not a Ridge of Land. SpelRiga, The fame with Reuga, which fee. man. However it is fometimes called Porca terra. liigllt, Jus, In general Signification includes Yet I have feen in the Exemplification of a not only a Right, for which a Writ of Right lies, Writ of Partition. Anno 20 Eliz. Tefte Jacob, but alfo any Title or Claim, either by Virtue of unam acram terra arabilis continen. a Condition, Mortgage, or the like, for which Dyer MilSo Sir Edw. no Action is given by Law, but only an Entry. quinqnc porcas terra, Anghce Ridges.

rifletum meum, quod jacet inter bofcum pr*Abbatis quod vacatur Tolhawe, & bofcum ChriftiVa- ana Pye. Cartular. S. Petriburg. yocat. Ribauld, a Ribaldus, French IRlbiillP, - thrift a luxurious , Rogue, Swafham, MS. f. 2o3. Spend grant, to all Rinds of a Perton iSifluta, In a Form of Appeal in Bracfon, lib.
at Fifteen Thirty Shillings, and Spur-Rials
go totum
diili

Shillings.

&

&

Coke has

it,

fafl.

fol

5. b.

Co- on Lit.

lib.

3. cap. 8.

fell.

44 J.
;

There

is

of the Six Clerks in ChanYear keeps the cery, who in his Turn, for one Controlment Books of all Grants that pafs the Great Seal that Year. IRlDinua Are Names of the Divisions of Torkwhich are Three, -viz. The Eafi-Riding, fhire, the Wefi-Riding, and the North-Riding, mentioned in the Statute 22 H. 8. cap. 8. and 23 H. 8. cap. In Indictments in that County, it is requi 18. fitc that the Town and the Riding be expreft. 2. Tit. Indictments, feci. 70. Weft. Symbol part
IRiDing ClPtfe,

One

proprietatis,

a Right of Propriety
Poflcflion,

Jus
Qp

Jus

Pcjfejfionis,

Right of
;

and Jus

Proprietatis

a Right both of Propriety and Poflefand this is anciently called Jus fion Duplicatum : For Example, If a Man be difleifed of an Acre of Land, the Difleifce hath Jus proprietatis, the Diflcifor hath Jus pojfeffionis ; and if the Diffeifee rcleafe to the Diflcifor, he hath Jus proprietatis Co. on Lit. lib. 3. feet. 447. pojfejponis.
Pojfeffionis,

&
eft

Jus
3.

fextuplex.
4.

1.

Jus

recuperandi.
j.

1.

Intrandi.
6.

Habendi.
dendi.

Retinendi.

Percipiendi.

Et

poffi-

Edward Althams Cafe. See ReBus in Curia. ISime (Rima) Is taken for a mean Kind of Action of Debt upon Arrearages of Account, whereby the Defendant does alledge, there is no- Verfe, commonly made by fome unskilful PoetaO.
Co. 8 Rep.
iRientf srrear Is a

Kind of Plea ufed

to

an

J&lght in

Court.

thing in

Arrear.

fter.

Of

a libeliious and rebellious Rime, I have thought

R
Pl.if ita

RO
hoi.

an unlawful Thing by Three, or more Prrton* thought fit to infcrt this Abftra& of an ancient affemblcd together for that Purpofc. W*fi. and urcmomblc Record.
part 2.

Tit. Indictment*, feH.

6"

J.

The

1-

coram Domino Rege apud Ebor. de Tcr- ference between a Riot, Rout, and unlawful Affem ir.ino Pafchx Anno Rcgm Regis Richards Secun- bly, fee in Lamb. Eiren. lib. 2. cap. 5. Stat. I. Mar. r\i 1 6. cap. 12. and Kitcbin 19. who gives thefe Exam pics of Ruts, the Breach of Inclofurcs, Banks, t lamplurimi de Cotingham Qf Villi circumjaeentibus Conduits, Parks, Pounds, Houfcs, Barns, the Q 'indirtantur, quod ipfi alligati fuerint quiltbet ad alBurning of Stacks of Com, &c. Lamb, ubi fupra teram ftijlinendum Qp manutenendum cmnei querelas mentions thefe, to beat a Man, to enter upon a PofTcflion forcibly. See Rout and Unlawful Affuat verfus qiiof unque : Et quod modo guerrino objiSee alfo in Cromp. Jufiice of Peace, divers dcrunt villam de Kinglton fuptr Hull, pontes fembly. ita quod nullus ire vel re- Cafes of Riots, Anno 17 R. 2. cap. 8. and 13 H. 4 circumjai entes diripnerut/t,

&

Ac Infuper fecerunt cap. 7. Sec the Stat. 1 Geo. cap. 5. ^= diflam Rimam pubKinaria, (from Ripa, a Bank,) In the Statute ?c of Wejlm. 2. cap. 47. fignifies the Water or River lice apud Beverly pro lamarl fecerunt die, running between the Banks, be it fait or frefh. que Rima fequitur in bttc verba. 2 The Word occurs alfo in Rot. Infi. fol. 478. Volumus tamtn, quod Char. 9 Edw. 2. numb. 1 2. the Country IrarD toae top, our S>oken [tyetoa tboulO be, Uljat prtdiBut A. cognitionem habeat de morte hominit IJ$ mabemio, in grofjss navibut in medio fill groffatum CHuli all fiu to tiafee. Ripariarum, tarn de portubus earundem Ripariaamong pou tfrirr? it 10 for, rum mart magis propinquius, &>c. Rot. Pat. 28 3inti other SD^Prra manp mop, H. 8. pars 12. But in the Verfion of Magna lDbctbrr tfjcp flcep 0? toafee. 3lno prt toill Uftc man help up otfjcr, Charta, cap. 1 j. Riparia is rendered a Bank or River. aino maintain Ijim ala his b^otljer,
dire
pojfet

ad diflam villam,

Rimam

in Angiitis verbis,

&

to^ong ano right. in CmiiD and ffourc Maintain our i^ctgljbour Jtllitl) all our might, 3|!ae M\m map comr ano 130c Among U3, both to ano fro, S>ap vou flcfeerlp. But betbnmn toin toe fuffer none, ^either of Hob, noj of John,

Both

in

ftipattcfl,
cept's.

e.

.I11D

alfo hull

MS.

Fleta,

Redditus &> proventut ex ripis perlib. 2. cap. 66. par. 1 7.

KipatO^. fuxta fonitum illius inftrumenti quod a Ripatoribus vacatur Tabur, fubito tercella

quedam alarum
Diceto

foi unkinoe

be merrp be. toe toarr, 3jf toe fuffereo leffe 02 mare. Strip tollan iictfjniny. 35 ut it toere quite Double again, UDitb tobat
42ns acrojfl,

map

Rad. de remigio perniciter evolavit. Matt. Pari fub anno 1191. By this Word Ripator, Mr. Somncr would understand a Ripper, or Reaper of Corn. And fome others would interpret them to be Riflers or vagabond Thieves. But the Occafion of the Story, and the Scene bf Action, feem plainly to imply, that Ripatores were Riparii, Fifhermen or Kip-

&

I".

pers.
Ripiertf, Riparii, Had their affcella qua in devebendis pifcibut utuntur, in Enelifh a Ripp, and are fuch as ufe to bring Hfh from the Sea-

Name

ano be

ful faine

aro bpoe ojcfling. aino on that purport, pet toe ffanD, atl]o Co ootb U0 anp tojang,

coaft
tert.

to

Brit. pag. 234.

the inner Parts of the Land. Cambd. In Wales they are called Trea-

3n
Doc

Uiii.it

place

it fall.

Pet be muff a la toeele, %\e babe 3[| bap ano tjeele,

again us an.
eis.

a Kind of Corn growing in Afta of which you may read in Gerard's Herbal, lib. 1. cap. 52. This is mentioned among Spices to be garbled in the Stat. 1 foe.
fiife, Orifa, Is

and the

Indies,

Sed perdonantut 28 ex

cap. 19.

iftlbagtum, Rivage, Riverage, a Toll or Duty paid to the King in fome Rivers, for the Paflage of Boats or Vcffels. Rine. See Rhine. King Edw. 1. grants a From the Saxon Charter to the Barons of the Cinque Ports 3Ringa, military Girdle: becaufe it was gtrt ut de omni tbeolonio Qp omr.i confuetudine Ring, I. t. annulus, circulus, quiet's fint round the Middle. BraBm gives another Rea- videl. ab omni laflaglo, tallagio, paffagio, cay agio, Lib. 1 cap. 8. Par. 3. rivagio, fon why it is lb called. &c. Placit. fponfaglo, omni tureec, enlm dicuntur quod renes circumdant, undt dicl- temp. Edw. 1. 8c Edw. 2. penes Dominum FounRinga

Record, contintt quatuor Rotuloi.

tur accingere gladlo.

tains.

IXinghtaO, {Anno 43 EUz. cap. 10.) ufed in ftrctching Woollen Cloth.

quod

Ad Engine

fiingtlDie. (Brit. Rhingyldre) Rex omnibus, nullus tenentium in Com. nofiris praditTis de cetero

IRibearr, To have the Liberty of a River for Rex dat Ucentiam RegiFilhing or Fowling. &-c. naldo Filio Petri, quod riveare pojjit per ripa-

Mam

riam noftram de Kenette,

ad fubeundum five occupandum ojjicium capere Pat. 2. Edw. 1. Al. 6. afportare. Carta Ren. 7. Comitat. dt Angle- Licentia pro Radulfo de Cbendut quod riveare poffst Ringildre 6* Merioneth, dat. 3 Mart, anno per ripariaram de Kennet in Com. Berk, cum quodam fey, Carnarvon, 22. A Kind of Bailiff or Serjeant, for fo Pat. 18. E. i.M. 40. regni Asijlurco. in ttoatbrr USeafftf, Annii E. 6. cap. If. See RoWeljh. Rhingyl or Ringylh fignifies the French tbtr JSlOt, Riota c> riottum, Derived from Beafis. IBoba Is a Coat or Garment. And thofe who Riotte, quod ncn folum rixam jurgmm ftgnifscat, in unum, fafcicsilorum Robas are accounted of his accipiebant of another, fed vinculum etiam, quo plura the forcible doing of Family. Quendam ex ejus Armigeris qui in obfequis injlar, colligantur, fignifies
compellatur

&

8fi in inflanti feifina

aves

&

erat

erat Abhatis

Wallingham, pag. the Ear with a hot Iron, an Inch in C'ouipafi. And for the Second Offence is termed a Rogue IKobberP, Robaria, Is a felonious Taking away of the Second Degree, and put to Death as a Ft on, of another Man's Goods from his Pcrfon or Pre- if he be above Eighteen Years old. See the Vat. fencc againft his Will, putting him in Fear, and 14 Eliz- 5- 18 Eliz. 3. and 36 Eliz- 17. and Lawb.
ad robas
ejus.

&

267.

of Purpofc to fteal the fame. Weft. Symbol, fart And this Offence 2. Tit. Indi&mcnts, feB. 60. was called Robbery, cither becaufe they bereaved the true Man of fome of his Robes or Garments, or becaufe his Money or Goods were taken out of fome Part of his Garment or Robe about his Perfon. Cot 3 Inft. cap. 16. This is fometimes
called Violent Theft.

Eireu.

lib.

4. cap. 4.
Is

Woqus

the Latin

Word

for "a great Fire,

and there it is convenes lignorum ad ccmburenduvi, Vocab. utriufq; juris. Sometimes it is taken only ;for a Pile or Stalk of Wood, as Mandatum eft
ConfiabulariocafirideDivisj&cuftodi forefta deCippeham

quod

fieri

fac.

unum rogum

in

Forefta predict*

ad

is operationes melius viderint expedite, caftri prxdiBi, prout Weft. Symbol, ibid, which Felony of Two-pence. Kitchin, fol. 16. and 22 &>c. T. x Maii. Clauf 54 H. 5. m. 8. See Skene de verborum ftgnif. verb. lib. IRoll, Rotulus, Signifies a Schedule of Paper Aft". 39. or Parchment, which may be turned or wound Peace fol. 30. Reif, and Cromp. J-uftice of UtObber^, J 3- 14- and 7 R. 2. cap. 5. Lamb. up with the Hand to the Fafhion of a Pipe.

Two Temples, wherein every Bencher is taxed yearly at 2 s. every Barrifter at 1 s. 6 d. and every Gentleman ders of England and Scotland by Robbery and under the Bar at 1 s. to the Cook, and other OfName from ficers of the Houfe, in Confideration of a Dinner Spoil, and that thefe Roberdfmen took him. of Calves-heads provided in Eafter-Term. Orig. See Durobrova. 8ocf)ellT. Jurifd. fol. 199. b. IK Or IlE t Is that linen Garment which is worn IRtOOersWoU, Noy's Rep. fol. 84. The Court Ex by Bifhops, gathered at the Wrifts, and differs Officio, may award a Certiorari ad informandum confrom a Surplice, for that hath open Sleeves hang- fcientiam ; and that which is certified fhall be aning down ; but a Rochet hath clofc Sleeves. Lynde- nexed to the Record, and is called a Ridder-Rcll. Or a Ridder-RoU is a Schedule, or fmali Piece of mode, lib'. 3. Tit. 27. a Perch, Parchment, added to fome Part of a Roll or ReISOt), Roda Terra, Is otherwife called and is a Meafure of Sixteen Foot and a half, and cord. in Staffordjbire Twenty Foot, to meafure Land ISoD Of Court, Rotulus Curia, The Court-Roll with. See Perch. in a Manor, wherein the Names, Rents, and iRoDfenijjt)W,alias feaunigl)t0, (Is derived from Services of the Tenants were copied and enrolthe Saxon Rad, i. equitatus, and Cnyt, Minifter,) led. Per Rotulum Curiae tencre, by Copyhold, Matildis le Tailur tenet per rotulum Curiae were certain Servitors, which held their Land by ferving their Lords on Horfeback. BraBon, unum meffuagium, &>c. Paroch. Antiq. 6. faith of them, Debent equilib. z. IRoHa Of >arliamenf, Rotuli de Parliamento. cap. 36. num. tare cum Domino fuo de manerio in manerium, vel The Manufcript Regifters or Rolls of the Procum Domini uxore. Fleta, lib. 3. cap. 14. feft. ceedings of our old Parliaments. For before the Ute of Printing, and till the Reign of Hen. 7. Continetur. iHODtinDeDU!?, Rotondellus, A Roundle, and old our Statutes were all engroffed in Parchment, Thomas de Cantilupo Epifcopus and (by Virtue of the King's Writ to that PurRiding Cloke.

6. interpretcth them to be they are called in Latin Robain tores, faith Spelman, being Latrones validi qui perfonas hominum inftlientes bona fua diripiunt. Kobcrfnier, or lR.obtTufrnen,Wcre*another Sort of great Thieves, mentioned 5 E. 3. 14, and 7 R. 2. cap. 5. Co. 3 Inft. fol. 197- fays, Robin Hood lived in Richard the Firft's Time on the Bor-

Eiren.

lib.

2.

cap.
;

mighty Thieves

Exchequer
Roll, the

Staundf. PI. Cor. fol. ti. of which there are in the feveral Kinds. As the great Wardrobe

which

Of Cofferers Roll, the Subftdy Roll, &c. fee the PraBice of the Exchequer-Court, fol.

15' CaltoejBsheatl IKoII Is a Roll in the

Hereford. Stolam apud collum quum equitabat fubtus capam vel rodundellum ad modum crucis portabat, ut ad confirmandum pueros occurrentes. patens ejfet Liber de Miraculis Thomas Epifc. Hereford.

MS.
is

pofe) proclaimed openly in every County. In thefe Rolls we have likewife a great many Decifions of difficult Points in Law, which were frequently in former Times referred to the Determination of this fuprcme Court by the inferior

Kofesttfp, alias Creaff'tile, Is that Tile which Ones of both Benches, &>c. Mr. Nicholfon's Hift. made to lay upon the Ridge of the Houfe. Library, P. 3. p. 47. Anno 1 7 Edw. 4. cap 4. Dr. Skinner fays the true 3Roll0, Or the Office of the Rolls in ChanceryName is Rofe-tyle, from the French Tuile de la Lane, antiently called Domus Converforum, is the Houfe that was built by King Henry the Third, Rofee. iRnnationstaeek, Dies Rogationum, Is a Time for Jews converted to the Chriftian Faith ; but well known to all, and is fo called, becaufe of Edward the Third expulfed them for their Wick.

the fpecial Devotion of Prayer and Failing then ednefs, and deputed the Place for the Cuftody of enjoined by the Church to all Men, for a Prepa- the Rolls and Records of the Chancery, the Mafter rative to the joyful Remembrance of Chrift's A- whereof is the fecond Perfon in Chancery, and in fcenfion, from which Time to Trinity -Sunday Ma- the Abfcnce of the Lord Chancellor, or Lord trimony is forbidden to be celebrated. Keeper, fits as Judge, being commonly called, IRoiUif, Rogus, May be deduced from the Fr. The Mafter of the Rolls, which fee. Rogue, i. Arrogans, and fignifics an idle fturdy fiomiCOt, Is a Saxon Word fignifying, Nummtim Beggar, who wandrcth from Place to Place with- Rom* datum, for Feoh, in Saxon is Nuramus, that out Licenfe, after he hath been by Juftices be- is, Money in Englijb. See Rome/cot. llowed, or offered to be beftowed on fome certain IflOtUfpennp, In Saxon Rompening, i. Rom/e dePlace of Abode ; who, for the firft Offence, is narius, for the Saxon Pening, is the fume as called a Rogue of the and puniihed Penny with us, or Denarius in Latin. See Romefiot. firft Degree, by whipping and boring through the Griftle of 4 ilcinaii'oarf

R O
ftorians;

RO
in

rius habeat omnes de.imas rofcti Jive arundinum totiut Solvit dunparochU. Reg. Eccl. Well. Ms. taxat diBis Religiofis decimis majoribut de terris, fraRoma matins rodit, quas roJere non valet, odit. tis, purprefiuris, e> rofctis deminhit ippus Johanni* CartU-' approvlatis feu in pojler um approviandis JRovna*pePifaj Were Pilgrims fo called, becuufc lar. Glaffon. MS. fol. 107. b. Hence the coverthey travelled to Rome on hoot. It is a Word ing of Houfes with * Thatch made of Reeds

IBoiuan^irf and it

Is

Word mentioned

our Hi-

fignifics to afflict

or torment:

mentioned in
Hiftorians
:

Mat

Pari/.

Anno

2 jo,

and

in other

adificia

and Rufhes was called Refetum Hoc omnia tgregie Qp opere faltem fumptutfo cor.fummaaut

ta

Hie Anglos,

hie

Romipctas

enormiter angenu

rofeto, fecundum quod lo;i oppcrtunitas lapide exigebat vel permittebat pre majori parte cc-operiri fatiebat, ib. p. 42. a.

iKoffa For Moffa, i. e. Land over run with tfomefpoll, IRomCsucnP, (Sax. Romefeoh, i. t. Nnmmtis Roma datus ; nam Feoh efi nummus, pecu- Mofs. Et totam Dailam marifi tarn de RoMa quam Rom* Denarius, de prato. Monad. 2 Tom. pug. 211. nia, fiipendium ; Rompenning, fiottflnti, V. Citation in MS. (Roffarium,) HeaPenning enim (bodie a Pcny; tfi Denarius. Vide thy Land, or Land full of Ling; alio watery or Romefcot. l3omeu"Ot (Romefeoh t*/Romefec, Romepcny, moorim Land, from the Br. Rhot, i. e. Planitiet 1 Inft. fol. alias Denarius SanHl Petri c5" Hearth-peny,) is com- itrigua. 5. a. 8c Cam. Brit. fol. 190. pounded of Rome and Scot, from the Sax. Scot, Ros autem apud Scotot promontsriunt fignificai. Buit was Confuetudo A- chan. Hid. fol. 6. b. n. 40. Symbolum. Matt. Weflm. fays a qua neq\ Rex, neq; Archiepifcopus vel EpiKotheMBratttf, (Saxon Hrytber,~) Under this poftolica, fopus, Abbas vel Prior, aut quilibet in Regno immunis Name arc comprehended Oxen, Cows, Steers, cr.it. It was an annual Tribute of one Penny Heifers, and fuch like horned Beads. Anno aft from every Family, paid yearly to Rome at the Jac. cap. 18. And in Herefordfoire the Dung of Feaft of St. Peter ad vinculo, being the Firft of fuch Bcatte is (till called Rotherfoyl. J. B. RanCambden in his Brit, fays, Offa, the Sax- geator in Forefta dt Whittlehood habeat de dono Regit Auguji. on, hrft granted it ; but others, that Ina, a King quatuor Rothros in Balliva de Wakefield. Pat. 14 of the Wefi Saxons, being in Pilgrimage at Rome, R. 2. m. 13. fiOtUlUB ConfrartenttUtn. See Controrients. Anno 725. gave it as an Alms, and was firlt forbidden by Edward the Third. It amounted to URutuit iSlrdtOJum, Court -Rolls, or Records Three Hundred Marks and a Noble yearly. upon Roll ; the Regifter of Trials, Judgments, Sec Leg. Hen. 1. cap. 12. Rog. Hoveden par. pojler. and Decrees in a Court of Juftice. Dicti bofuor. anna I. fol. 344. in vita Hen. 2. and fee Peter- minet prtmiffat conventiones in Rotulos Placitorum Pence and Hearth-penny. This Payment was abro- Domini Regis de anno fupradiBo ad majorem fecuritaM. but teitt irrotulari procurarunU Paroch. Antiq. pag. gated 25 H. 8. 2j. reftored 1 &= 2 P. utterly abolifhcd 1 Eliz. 1. See Spelman's Glojfa- 311. ffiotullft Cancellar z, Romefeab, Romepenny. This BraBon, lib. 3. cap. 24. ry, verbis Romefcot, Mark of Slavery was a Burthen and a Scandal Omnia Brevia de pace (quae funt prohibitiones) irto the Englijh Nation. Our free-born Anceftors rotulari debent in Rotulo de Cancellaria. See often complained of it. It was one of the Com- M. P. in ann. mo. p. <5i. in Parliament, 8 18otUlU0 CHinf oii:se, Domefday Book lb called, plaints of Grievance John, A. D. 1206. when the King iffued out this Writ of becaufe it was of old kept at Wincbefitt. See Redrefs: Rex Anhiepifcopis, Epifcopis, Abbatibus, Domefday. Spelman in his Gloflary. fays, There ArchidiOconis &P omni Clero apnd Sanffum Albaniim was another Roll called Rctulus Wmton'ut, made

&

convocatis Salutem.

Baronum, Militum
fed
in totius regni

&

Conquerente UnherfttateComitum, alioritm fidelium nojlrorum, au-

divimns quod non folum in Laicorum gravem pemiciem,

noflri intolerable difpendium fuper Manprater confuetudinem folvendo ne contra regni altdamus nofkri confuetudinem Teftc mcipfo apnd quid novum Statuatis-

Romfcot

Ebor. 26 die Maii, anno regni noftri 8 Cart. 8

Join m. 1. ftOOD, ifOlp IROOP,
fionrt of

long before that by King Alfred; concerning which, hear Ingulphut fpeaking of Domefday Book. 7Wem(fays he) Rotulum&" multum fimilem ediderat quondam Rex Alfredus, in quo totam terram Anglia per Comitatus, Centurias. 8f Decuriatdefcripferat,Sg.c. ISouanium for Rotagium, A Duty paid for mending the Highways Worn out cum Rotit. It is in a Charter of Henry 2. In tallagio Rovagio Qp feria

&

&

foro.
'.

e.

Holy Crofs.

fiubersj,

*.

AanD, Rcda ten*, The Fourth Part of

5

fian,

i. e.

To

an Acre.
liOv,

Robbers. From the Sax. Rearob ; and that from Reaf, a Gar-

Eliz. cap. 5.

ment.

Among the Services and Cuftoms of the Zochmen who held Lands of the Priory of Spalding

18 out, Routa, Turma, Cohort, Debent tres careBas de Ros tres de A Company or Byndinge careBandas in curiam Domini cibo Domini Number, but in a legal Scnfe hgnifics an Aflcmwhich -Dr. Brady renders, They ought to carry Three bly of Three Perfons, or more, going forcibly Loads of Thatch, and Three Loads of Byndinge to the to commit an unlawful A&, though they do it But I think not. Weft. Symbol, part 2. Tit. Indiaments, feB. Lord's Court, he finding them ViBuals. rather, Ros is no more than Rufbes, and the Duty 6y fays, a Rout is the fame which the German was to carry Three Loads of loofe Ruflics, and yet call Rot, meaning a Band, or great Company Three Loads of any Sort, as bound Corn, or o- of Men gathered together, and going to execute, or indeed executing any Riot or unlawful Aft. ther Stuff bound up in Bands. liofftum, A low watry Place of Rccds and But the Statute of 18 E. 3. fiat. 1. cap. nnico, Ruihes. In the Endowment of the Vicaridgc of which gives Procefs of Outlawry aguinft fuch as Stdkeland, within the Oiocefc of Bath and Wells, bring Routs into the Prcfence of the Juftices, or in the Year 1453. it is ordained. Vt Vici- in Affray of the People ; and the Statute of 2 C c c R.2.

&

KotinOlft.

IRouge Croft. See Herald. See Runlet.

RU
R..z. cap. 6. that fpeaks of riding in groat Routs to make Entry into Lands, and beat others, &V. do feem to nndcrftand it more largely. Bro.<Ttt. So that a Rout fcems to be an unlawful Riot 4,
5.

R U
He
rod upon

Rowncy

as he could.

ftlWP,

From

the

Sax. Rununge,

i.

a Courfe or

Riot the diforderly Fail commit- Running, a Water-courfe, fo called in the MarAffemhly, and a Howbeit Two ines of Somer/etfbire : Hillory of Imbanking and ted by fuch unlawful Affemhly. Things are common both to Riot, Rout, and un- Draining, fol. 106. Inter antiquas confuetudines AbThat Three Perfons 3Kuilpra. lawful Jffembly. The one, In prato de Nomannes, The other, that batia S. Edmundi at lcaft be gathered together. Lond. quamdiu fxnum fuerit in prato, debent they do difturb the Peace, cither being together, Inlard effe in prato die &> noble ad cujlodiam by Words, Shew of Arms, turbulent Gefture, Meffor idcirco habebant foenum de cota or a&ual Violence, V. Lamb. Eiren. lib. 2. cap, foeni, fua, fed ipfum non debent adducere donee Cellerarius vel fui viderint and unlawful Affemhly. fi 5. Sec Riot It may per- nimis appofuerint, vel non, quod ft fecerint, menfurabitur IRotoing Of Clothes, 27 H. 8. 13. ufque ad unum rungatam ad plus moderabitur, &c. haps be derived from the French Rouer, verfare,

&

&

&

rotate, bant.

quia

rota

circumduRa pannos complanare

fole

Cartular.

S.

Edmundi, MS.

fol.
Is a

IRunlef, alias ISuUtlulft,

318. certain

Meafure

lS0al SHTetlf, Regius Affenfus, Is that Affent which the King gives to a Thing formerly done a Bifnop by by others, as to the Election of Dean and Chapter; which given, then he fends a of Realty. The Form fpecial Writ for the Taking of which you may fee in F. N. B. fol. 170. And to a Bill paflcd in both Houfes of Parliament. Cromp. Jur. fol. 8. which Affent in Parliament being once given, the Bill is endorfed with thefe Words, Re Roy le veult, i. It pleafes the King ; but if he refufe to agree to i<, then thus, Le Roy
s'

of Wine, Oyl, &c.

containing Eighteen Gallons

and a

half.

Anno

R.

3. cap. 3.

ffiUODa, Leg. Saxonum, Tit. 2. left. 1. Qui nobilem occiderit CCCxl fol. componat. Roda quod
dicitur

apud Saxones exx

veteri

fol.

Ruod
it
is

&

inter

premium exx ad

mod

For lingua Saxonica crucem fignifcat. certain, that our Anccftors the Saxons
;

called the Crofs, Rode or Roode

Rode-loft,

hence came the

Crucis,

and we

ftill

call

Diem SanH*

avifera,

i.

The King will

advife.

IBopaltie*,

Regalia vel

Regalitates,

Are the

Holy-rood-Day. 3&upfa Is the fame with Routa, which fee. Mau Parif. in Anno 1 100. ufes it for a Troop of
duces fuerunt caterva {quam militantes fub Comite fo, fratr* Regis Richardi equitationem facerent, &c. Soldiers. Mat. Par. in Anno fillptt" fit, Milites,
Soldiers.

called Rights of the King, Jura Regis, otherwife The King's Prerogative. Some of thefe be fuch as the King may grant unto common Perfons ; fbmc fo high, that they may not be feparated from his Crown privative, as the Civilians call it, though cumulative they may. See BraHon, lib. 2. cap. and Math&um de affiiBis, upon the Title of the 5. Feuds, Qua Jint regalia, where he reckons up See Particulars of Royalties. Twenty-five
fpecial alfo Hotoman's Commentaries, in lih. and fee Prerogative and regalia. 56".
2.

Ruttam

Qui

vocamus)

tra

198. Sed quoniam idem Epifopus (Belluacenjis) conordinis fui dignitatem captus fuerat in armis, ut miles vel Ruptarius, non prius abire permiffus donee
1

efl

6000. argenti carucis ad pondus fierlingorum numerate Sp fifo commendatis RegU concupifentU fatisfeciffet.

Hollinfhead, pag. 243. calls them Rutters, and pag. 98, $9- Ruptarii, i. e. Robbers, called alfo Rutarii ; and Rutta was a Company of RobIRoyntB, Streams, Currents, or other ufual bers. Mat. Parif. Anno 1 250. mentions the one, viz- Vbi efi ille Ruptarius percuffor impius, &>c. And and running Waters. Paffages of Rivers A Bill for opening the ancient Roynes and Water- Neubrigenfis mentions the other, viz- Per fiipendiain the County of Somerfet, for riam militiam quam Rut as vacant ; from whence courfes in Sedgmore the faid Moor more healthful and pro- wc derive the Word Rout, and Bankrupt. See rendring
Feudor. cap.
Votes of the Houfe of to the Inhabitants. Commons, 21 February 1698. IBubbofa, Dirty Stuff, Filth, Rubbifh. Clauf. 26 R. 2. Dorf. 2. See Lajlage. lRllt>ma8i1Da)\ From the Sax. Rode, Crux, and Fcaftsof the Holy Mafs-Day, i. e. Feaft-Day ; the Crofs which are Two, viz- the 3d of May, the Invention of the Crofs ; the other is the 14th
fitable
;

Rout.

iSupfura, Arable Land, or Ground broke Terram quoque tarn in manfuris quam in rupturis
parochU hominibus ibi vato tantummodo camparto
tius
tal, lib. j.

to-

hefpitatis

excolendam,

refer-

conceffit.

Orderic. Vi-

pag. 596. Ifiural JDeatlfl, Decani ruraJes.

gives this Account, Sunt Decani temporales ad Day of September, called Holyrode-Day ; and is the aliquod Minejierium fub Epifcopo vel Arcbiepifopo exercendum conflituti; qui nee babent inftitutionem CanoExaltation of the Crofs. ISmitana, (from Runca,} Land full of Bram- nicam fecundum DoHores. And this Rural Dean he a. 1 bles and Briars. fuppofes to be the fame, which in the Laws of ln/1. fol. 5. fiUDge toaffKO Jfcmcp !s that which is made Edward the ConfefTor, cap. 51. is called Epifcopi of Fleece-wool, waflied only on the Sheep's Back. Decanus. See Dean. Each Dioccfe hath in it one or more Archdeaconries for Difpatch of Ecclefi35 Eliz- cap. 10. Leg. Edw. Conf. Tit. De L. Nori- aftical Bufinefs, and every Archdeaconry fubdiIRufli, Rfiani, corum Aufugit ad regnum Rugorum quod vided into fewer or more Rural Deanries. Heylin's

man

Of whom Spel-

vocamus Rufliam ; and afterwards fpeak- Cofmog. fol. 504. and he fays, they were annently the Silter of Edgar, and Queen called Arch-Presbyteri &> Decani ChriftianitatisSee ing of Margaret fanguine a Differtation of the Inftitution and Authority of of Scots, Ex parte veto matris, ex genere Rural Deans, by Mr. Kenntt, in his Paro h. Antiregum Rugorum. IRuncilua and IRunriiUlff, Is ufed in Dome/day quities. a Load-Horfc, Fquus eperarius Habuit Rex (Griffin) unum Mar.erium IStlfra. (fays Spelman) for and fometimes for Bifopejlreu, &> in Dcminio unam Caruram b'bebat, colonial:, or a Sumptcr-Horfe ; a Cart-Horfe, which Chaucer, in the Seaman's & homines ejus fex Carucas. Quando ipfe Rex ibi Tale calls a veniebat, reddebat ei unaqueq; Carina CC. Heflhas,
nos melius

&

Rowmy.

unam

S
unam Curiam
cam.
plena

A
&
unam
butyri

S
Rufto llgnify a

Cervifia

This Rufca butyri Dome/day, Tit. Ceftre. was a Tub of Butter, in Ireland ft ill called a Ruthin. Rufca r.pum is a Hive of Bees. Hence Decima de Rufchis, was ufed for Tithe of Bees. Cbarla Will, de Bray mil. Canoni.is de Ofeney, temp. Sec Heftba. Decimam de agnis, de cafeii Hen. 3.

This MinJIiew render* Royalty or Privilege touching Pica, or Correction of Trcfpaflci of Men wiilyn a Manor ; and that the Word Sac in the Saxon
,ftar, Saccha vel faucba.

&

fignifics as much as (Caufa with the Latincs) Sake, whence we in Englifo Hill retain the Exprclfion, for whofc Sake, &V. that velleribus, de vitulis, de Rufchis & de faldravis. is, for whofc Caufe: But in the Laws of Edward the ConfclTor, thus, Sacha eft quod ft quiiibet aliMon. 2 Tom. pag. 986. fiufenria, (from Rufius,) The Soil where Knee- cjuem nominatim de aliquo calumniatus futrit, &f ill* holm or Butchers-Broom grows, or where the negaverit, forisfaHura prchationis vel negationis (ft eve-

Tongue properly

I will alfo exhibit an Exposition erit. of Socba & Sacha out of a very anticnt For fo it fcems to Manufcript Book, in which arc regiftred fevettufltlt", Mellarium, aheart. in a Charter of Will. Bray Knight, made ral Donations to a Cathedral Church in England, llgnify Ita tamen, ut tan- being in the Cuitody of Silas Taylor Gent, where, to the Canons of Ofney after the Recital of a certain Charter, granted turn de apt bus, quas ipfe Will. & ha-redet qui homines fin in Curtis babebant, decimas penipiant, fcil. by Edward the ConfeiTor to them, Cum Saka there follows an Exposition of It may be derived from the French cum de Rufchis. Sokna, them both in red Letters thus, Ruche, that fignifies in Latin Alveare. IRultld, The Chorls, Churls, Clowns, or inG^ ferior Country Tenants, who held Cottages and Sequitur expofttio iUorum Terminorum Soka Saka. Lands by the Services of Ploughing, and other Labours of Agriculture for the Lord. The Land of fuch ignoble Tenure was called by the Saxons Soka, Hoc eft fetla de bominibus in curia veftra ftcundum cor.ftetudinem Regni. as afterwards Soccage Tenure, and was of Terra fometimes IGafoliand, diftinguifhed by the Name So Gilbert Bajfet gave to his Priory of Saka, Hoc eft placitum cV emenda de tranjgrefftonibus Ruftiorum. hominum in Curia veftra. Unam virgatam terr* in Strattun Bur.efter. colietiam de terra Rufticorum, qua data fuit in dote The firft is only the Suit of Court due by the InParoch. Antiquit. pag. 136. prxdici*. Capell*. IRllfari;, Stipendiary Forces, or Mercenary habitants of a Lordlhip or Manor and Sar is and impofing Soldiers, in the Service of our old Englijb Kings, the Liberty of holding Pleas, who came from Foreign Parts, efpecially from MulQs and Forfeitures upon Tranfgrcflors in Anno 1216. 18 Cal. Fcbr. cepit that Court. But Raftal, and fomc others, define Germany de Berwic. Sac to be the Forfeiture it fclf. bannes Rex Anglid villam BraHon, lib. 3. caftellum Jubi cum Rutariis fuis fero i fu\<ra modum &P inhuma- trail. 2. cap. 8. quoted by Staundfcrd in his Pleas ufes the Word, but lib. 1. in reditu autem fuo Rufa- of the Crown, na ufus ejl tyrannide cap. 23. rii fni Miniftri Diaboli Abbatiam de Coldingebam ex- both of them leave the Signification undetermined. Skene de terbor. ftgnif. verb. Sack, writes, Chron. Mailros. fub anno. pugnaverunt. That in fomc old Books it is called Placitum de ISutUpllltn, Sandwich in Kent. ahour, They feem to be Vagabonds, tranfgrefftone hominum in curia noftra ; fee him at IRpinmerB d. Roamers about. Skene, lib. De Crimin. Capi- large, and Hoveden, part. fuor. annal. fol. 345. See Keilway's Rep. fol. 145. Et Breve Hen. 2. Ju-\ tal. Tit. 2. C. 14. Paragr. 2. F. 135. pag. 2. de Norfjl. ut fanSus BenedMus de Prxcipio fliciariis Ramefta ita bene &P libere babeat Socam &= Sacam fuam, &Pc. See Saka. S. &nrabr.rfj, alias ^arabrrr, or S^&eberr, Is he that is robbed, or by Theft deprived, of his Money or Goods, and puts in Surety to profecute i. e. Soldiers Boots. the Thief with frcih Suit ; according to Selden, >abbatum, In Dome/day, Tit. Sudfex, is in his Titles of Honour, and Britten, cap. 1 5 29. S3lbatOl10, ufed for Peace ; Terra Will. Epifcopi de Tetford, With whom agrees BraHon, {lib. 3. tract. 1. cap. 18. Bifedes hundred, num. Po/lquam Willielmus 32. n. 2.) Furtum vera mani;e[fum eft, ubi latro deRex advenit &P fedebat in Sabbato, &> Willielmus prebenfus Jit feifttus de aliquo latrocinio, fc. HondhaMallet fecit fiuum mafteUum de Eia, &c. bend Sp Backberend, infe utus futrit per aliquem e. Sables. It is mentioned It iSiabellirx IH'DeP, cujus res ilia fuerit, qui dicilur Sacaburh, &c. Petti t ab Epifcopo Lincohiiejft in Hoveden, p.rg- 758. may come from Sac, or Sara, i. e. Lis, caufa, pro* annis unum mantellum furratum de Sabclli- fecutio, and Burh, Pignus, hoc efl, Furti Symbolum. (irgulis So in Brampton, Anno 11S8. Statutum fuit Spelman. Sir Edward Coke fays, Sacabere, or Sakenis. in Anglorum ger.te ne qtus Efcarleto, Sabelino varic. bere, is derived of Sac and Erre, that is, he that See R. Hagnlftad, pag. iiS. and did bear the Bag. 3 Inft. fol 69. vel grifeo uteretur,

Holly or Holm-Tree that Tree.

for Rufcus Sylveftris fignifics nerit) fua

both

&

&

&

&

&

;'.

Neubrigenfts,

lib.

cap. 22.

>actini

Were Monks
their Skins a

fo called, becaufe they

^ab'.tW.

Sec Furr.

wore next

A Gravel-pit, or the free Ufe a Liberty to dig Gravel or Sand, or a Right to receive the Money paid by others for Leave to dig Gravel or Sand within fuch a Precinct. Et debent habere Sabulonarium & chigfabulonauum,
it,

of

for Saccus fignifies Hair. They arc mentioned

viz-

Garment of Goats Hair; coarfc Cloth made of fuch

by our Hiftorian
ordinibus

de pradiWalfingham, Aliquos flatus cantium approbavit, aliquos reprobavit ut Saccinos,

minagium per totam cenfariam pr..diBam.

Pari. temp. Ed. 3.

Petit.

e giaccitf, Fratres de Saccis. The Sackloth Brethren, or the Penitential Order. Jurati prt-

>abulOfa
lib. 2.

Ctrra,

i.

c.

Sandy Ground.

cap. 76.

Beta, fentant quod Adam de Huriel tenuit ut efcaetum fuum Domes C c c 2

afe tCOIJOUCt, Sahus ConduBus, Is a Security Domos qn& valent per annum 10 fit. que quondam de poenitentia qui vocabantur Fratres given by the Prince, under the Great Seal of Engfuerunt Fratrum de Saccis infra Aldemaneriam de Wefigate in civitate land, to a Foreigner, for his quiet coming in and Cantuar. Placit. S Ed. 2. paffing out of the Realm ; touching which, read &atcua turn H5?0tl)ia Was a Service or Te- the Statutes, 15 H. 6. 4. 18 H. 6. 8. &> 28 H. 8. nure of finding a Sack and a Broach to the King, cap. 1. and the Form of it, Reg. Orig.'fol. 25,

for the
1.

Ufe of
inveniendi

his

Army.

Bracion,
certis

lib.

2.

trait.

j&aff (BuarO.
it>afe

See Saha gardia.

cap.

6.

hath thefe Words, Si quis

"Domino Regi

teneat per ferlocis

vitium

tempor'ibus

unum bominem

&

&P

unum equum

& Sac-

certis

for a

fiMeDge, Salvus plegius, Is a Surety given Man's Appearance againft a Day affigned.
2.

cvim

cum

Brochia, pro aliqua

contingente.

utilitate neceffttate vel

Bracion, lib. 4. cap. led certus plegius.

num.

2.

where

it is

alfo cal-

exercitum

fuum

Waldgrtve Lord there- we ufually call A broad Arrow. Reddendo inde annuatim pro omni fervitio fex Sagittas Barbatas ad Fearc fo called. quoD tnua fifgis fc ftum SanBi Micbaelis, &c. Carta Hugonis de Loacramenfo recipience, non maritabit fine Itcenfia IRrgip, Is a Writ or giis, fine Dat. Commiffion to one, for the Taking of an Oath S>agiftaria, A Sort of fmall VefTels, or Ships of the King's Widow, that fhe fhall not mar- with Oars and Sails. Exin pro varietate Iccorum vary without the King's Licence. Reg. Orig. fol. rio defudans navigio, modo Sagittario, 'mode lintre, nee tarn utens remo 228. quam veto. R. de Diceto, Anno
Sir Charles Somerfetfhire, to
tell

$agtbaro, alias &achbarc, The fame that at Quantity of prefent is called Jufticiarius ; for Sagibarones were Wool containing Twenty-fix Stone, and every caufarum judices qui in pub lids conventibus jus dicebant Stone Fourteen Pounds. 14 E. 3. flat. 1. cap. 1. litefq; dirimebant, from whence alio the Name See Sarplar. In Scotland it is Twenty-four Stone, may be derived ; for Sac or Sag fignifies Caufam or litem, and Baro, virum vel bominem, as one and each Stone Sixteen Pounds. See Skene. SarrafieiD flentS Are certain fmall Rents would fay, Vir caufarum, a Judge. in i&agitra S$arbata, A bearded Arrow, fuch as paid by fome Tenants of the Manor of Cbuton
Sec Sacaburh.
Sbiitk Of (ElOOr, Saccus Lane., Is a

i&>acrebO;gl), alias vel pignus, good

SPagetnan, (Sax.) LL. Hen. 1. cap. 36. Seems to ^ibfrbO^gll, Securus plegius fignify a Tale-teller, or fecret Accufer. From Pledge or fufficient Caution. the Sax. Saga, i. e. Fabula.

of; but he cannot

why they

fearratmnflim,

fi>agmariu eauu0, A Sumpter-Horfe ; from Jury of free and dlcunt fuper Scramentum /num. Sagma, onus. Men legal Qui Whence poflibly the proverbial Offering to take >atlin'J IBare, Anno 1 R. 3. rap. 8. May be the Sacrament in affirming or denying, was firft Canvas, or fuch other Cloth as Sails for Ships are made of. meant of attefting upon Oath. gatO J SaiO'lf , Fori vel Magiftratus Minifter, ^acramenfum 4Htari2, The Sacrifice of the Mafs, or what we now call the Sacrament of the A Tipftaff or Serjeant at Arms, qui reos protraLord's Supper. For which Communion, in the bttnt in judicium. It may be derived from the Sax. Times of Popery, the Parifh-Prieft provided Sagol, Fuflis, becaufe they ufe to carry a Rod or Bread for the People, and Wine for himfelf, out Staff of Silver. of the ample Offerings; and in appropriated >afea, Hoc eft, Quod Prior habet emendas &P aChurch this Burden was commonly laid upon the merciamenta de tranfgrefftonibus hominum fuorum in Vicar, becaufe he received the cuftomary Obla- Curia fua litigantium tarn liberorum, quam Villancrum. tions. Panem vinum pro Sacramento Al- Reg. Priorat. de Cokesford. See Sac.

of

all

Inquifitions

An Oath made by

The common Form

1176.

&

taris

Vicarius

illius

Oxon.) propriis pag. 483.

Ecchfi* (i. e. de Meriton Com. fumptibus exhibebit. Paroch. Antiq.

reor (fays Spelut in Leg. Edtv.

fiiaft'T,

&a[armm u
Abbas
lar.
reliquit

great Field-gun. Salinum, A Salt-feller

Idem

unum fcypbum

Cartupicarium argenteum. Abbat. Glafton. MS. f. 54. a. &au*arfum Is the Latin Word for Cuftom paid j>acri!es!lim, Sacrilege, or an Alienation to for Salt, according to Cambden in his Brit. Tit. Lay-Men, and to profane or common Purpofes, Cbejhire. ot what was 5a!arp, Salarium, Is a Recompence or Confegiven to religious Perfbns, and to pious Ufes. Our honeft Fore-fathers were very deration made to Man, for his Pains or Induftry tender of incurring the Guilt and Scandal of this beftowed on another Man's Bufinefs. The Word Crime. And therefore when the Order of the is ufed 23 E. 3. cap. 1. The Word Salarium at Knights-Templars was diffolved, their Lands, &v. firft fignificd the Rents or Profits of a Sata, Hall were all given to the Knights Hofpitallers of Je- or Houfe. (In Gafoigne they now call the Seats Ne in of Noblemen Sales, as we do Halls.) It afterwards rusalem, for this Sacred Reafon. or annual Allowpios ttfus ercgata contra donatortim voluntatem in alios ftood for any Wages, Stipend, Paroch, Antiquit. p ance. ufus diftraherentur
de completo numero ducdenario, Ccnfef. ab Ingulpho datis, cap. 17.

^acramentum plenum, DiBum

rium argenteum

&

de Tamaris,

unum

Sala-

man)

390.

&alct Is a Head-piece, {Anno 4 &> 5 Phil. &> and Sdgijlon ; now Sexton. Mar.) From the French Salut, i. e. Salus; menSacrobarra, Lib. MS. de Officio Coronatoris, tioned alfo 10 Rich. 1. cap. I. viz. Sallet or Scstl of
*>acriSa, (Lat.)
called Sagerfon,

In old

Times

feaUTae, Saludy in Bedfordjbire.

Inquirendum

eft

per 12 juratores pro Rege fuper Sacra- Iron, Qpc. otherwife called
fideliter prtfentabunt fine
(i.

mentum fuum quod

jurationes,

ullo

<fbal!CCtum,
'

An

Ofier Bed,

a Moriam or Pot. or low moift Place

fortafle occifos) ab- on the Banks or Eyts of a River for the Growth Sacrobarra, felonias of Ofiers, Willows' or Withies. Saxon Weliges, faBas, per quas &> qut, &>c. Qu&re, faith Spel'man, old Englifh, Wickers. Thence a Wicker -Basket, if Sacrobarra be not the fame with Sacrilegia. a Wicket or Door made of Basket-work, &>c.

concelamento omnes fortunas,

appeUa,

murdra,

<

Molendinum

S
Molendinum
aoi.
de Kertl'mton
liceti, iju* de

A
particula Sap.

cum quadam
eft.

meo feodo

Paroch. Antiquit.

i&atichPr, (Putopro Saligerio) A carrying of Salt by Way of Service, by Tenants for their Lords. See Hofteriurn. fiMlina, A Salt-pit, a Houfc or Place where Salt is made, In Herbagiis Pifcariis, in falinis &> Cart. 1 7 E. 2. Fahricis, in mineriis ferreis, &c.

&

3>anrttiarp, SanSuarium, Is a Place privileged by the Prince, for the Safeguard of Men's Lives that arc Offenders, being founded upon the Liw wf Mercy, and upon the great Reverence, Honour and Devotion, which the Prince bcarcth to the Place whereto he granted fuch a Privilege. Staundf. PI. Cor. lib. 2. cap. 38. This feems to have taken Beginning from the Cities ot Refuge, In Imitation whereof, mentioned Exod. cap. 11
firft

num.

28.
Is

the Athenians, then Romulus,

crofted fuch a

fomctimes wrote for Salma, i. e. a Place of Immunity, which they called Afylum. Pound-Weight. Statutum R. 1. pro Crucefignatis, Poly e'er. Virgil, de invent iont rerum, lib. 3. cap. 12. viz. Si (juts bladum emerit, &> de eo panem fderit, The like did the Roman Emperors, as appears, But amongft all others, our tenetur lucrari in Salina urium teruncium f Bran- Cor. lib. t. Tit. 15. num. antient Kings of England attributed moll to thclc Clique KLato, Lex falica, De terra falica nulla Sanduaries, permitting them to flicker fuch, as hareditatis mulieri veniat, fed ad virilem fexum had committed both Felonies and Trcafons, fothai portio tota terra hareditas perveniat, &c. was an ancient within Forty Days they acknowledged their Lavv made by Pharamond King of the Franks, Fault, 'and fubmittcd thcmfclvcs to Baniflimcnt ; Part of which fcems to have been borrowed by during which Time, if any Layman expelled our Henry the Firft in compiling his Laws, as cap. them, he was excommunicated, if any Clerk he 89, Qui hoc fecerit fecundum Legem falicam moria- was mads irregular: But after Forty Days, no Man might relieve them. Staundf. PI. Cor. lib. 2. tur, &>c. of this the New Book of Entries, verb. SS>A\\m. See Salina. cap. 38. See fealmoivpipf, 25 H. 8. cap. 7. Is an Engine to Sanctuary, and Fleta, lib. I. cap. 29. and how by catch Salmons, or fuch like Fifti. Degrees they have been taken away, read 16 H. i&almon fctofe Seems to be the young Fry 8. 13. 28 H. 8. 7. 32 H. 8. 11. 33 H. 8. 15. 1 E. of Salmon, Quap falmon ijfue. 1 3 R. 2. flat. I. 6. 12. 2 E. 6. 2 See Abjura33. 5 E. 6. 10. Of thefe there were many in England, but tion. cap. 19. Clamat habere libe- one more famous than the Reft at St. John's of jS>alfatojiln. A Dccr-lcap. rum Panum fuum apud Halton rum duobus Salta- Beverley, which the Saxons called Fridftoll, which PI. apud Ceftriam 31 Edw. 3. had this Infcription, H*c fedes Lapidea Freed ftoll, toriis in eodem. Quod habeat ur.um Saltatorium, longitudine 20 pe- di.itur, i. Pads Cathedra ad quam reus fugiendo produm in Pano fuo de Bigging. Pat. 1 Edw. 3. p. 2. ven/ens, omnimodo babet fecuritatem. So had St. m. 10. Martins le Grand in London. 21 H. 8. cap. 1 6. Ripfor which fee Froamortel. Cny&altfilfafr, One Penny paid at the Feaft of St. pon had the like Martin, by the fervile or cuttomary Tenants to land had the like, granted by Whitlafe, King of their Lord, as a Commutation for the Service of the Mercians. St. Buriens in Cornwal had the like, their Lord's Salt from Market to his granted by K. Athelftan, Anno 936. And Weftm. the
Salina

&

Larder. (carrying

In ntanerio de Pydinton quilibet vir like, granted by King Edward the Confeffor, Sal t-filver This in Scotland they call Girthol, or Grithol gatarius dabit Domino unum denarium pro ad dittum Feftum S. Martini, vel cariGuido filius Omnibus g^nfcacra per annum,

abunt falem Domini Lardarittm Domini.

pag. 49 (J.
&attll,

de

jqro

ubi

Kennet's Paroch.

emptus fuerit ad Simonis, Antiquit. ijUte ad illud

dedit
pertinet.

unum Toftum cum Sandacra Sine dat. Penes Eliam Aflv

mole, Arm. 1. See Bofcus. Is a Merchandifc 2 R. 2. SjirtilDall, cap. ^altoa garoa Is a Security given by the King brought into England, and is a Kind of Wood to a Stranger, fearing the Violence of fome of brought out of India; for Scandal in French fo fignihis Subjects, for fecking his Right by Courfe fics, and the like docs fantalum in Latin. of Law ; the Form whereof fee in Reg. Orig. fol. anrnsbfl. In the Lordftlip of Redeley in Com. 16. Glouc. the Tenants pay to the Lord a certain Duty feviltosge &$Oiif)' Is a Rccompcnce allowed by of Sand-gavel, for Liberty granted to them to the Civil Law, in Lieu of all Damages fuftaincd dig up Sand for their Ufos. Taylor's Hiftory if by that Ship that laves or refcucs another which Gavelkind, p. 113. was fct upon by Pirates or Enemies. ^MilDlJ liii. See Rutupium.

Highwood.

Wild. Savage. Salvagius Catus, wild Cat. Rex Johannes dat licentiam Ricardo Godsfeld & h redibus, uuod habeant 080 bra hetos
ifraUMfiiiiB,

The

&

rio

Omnes Cuftumarii de Manefe.inquiliem Cltlfrf. Toll &> Sanguide Grendon Epifcopo debent Tak nem fuum emcre. Lib. niger. Hcref. By which

&

unum Leporarium in forefta noftra de EJfex, ad capien- is underftood, they were bound to buy or redeem catum Salvagium. Ror. their Villain Blood or Tenure, and make thcmdum vulpem QP leporem Cart. 1. Joh. p. 2. m. 10. fclvcs Freemen. Was a Coin of Gold ftamped ja>a!lifp, Salus, giamunnnn rPDtmprp, To pay the Mcrchet, by King Henry the Fifth in France after his Con- or accuftomed Fine, for Leave given to fervile quefts there: Whereon the Arms of England and Tenants to difpofc of their Daughters in Mar-

&

France

were ftamped quarterly, fee

Stow's Ch.

riage.

Prtterta dicunt ijucd debent redime-

re languincm fuum, ita auod maritagium rcn fe de Cartular. *altoUB pirgi'itf. Sec Plegius. xfaciat procter duritiam pritdiHi Albatis and ;Rading. MS. fol. 223. a. E&athta Are the Rcliqucs of the Saints ; fiiflhauiS Is taken for that Right or Power Jurtire fuper Sanfta, was to make Oath on thofe Reliqucs. Si ijuis falfum juramentum fuper Sancta which the Chief Lord of the Fee had to judge & conviHus fuerit, &*-c. Leg. Canuti, cap. and determine Cafes where Blood was flied. jurabit
pag. 5S9.
Si-

De murderia &>

rapitia,

de

igne,

de Sanguine, de
fanfocht

S
fanfochc

A
Mon. z Tom.
pag.

s
mcnt
at the

c
like.

& de omni
A

purprefiura.

fame Time, or fuch

New

Book

1021.

of Entries, verb. Saver de default.

Covering for the Head. IUe per ^arabaffl, civitatem Londinenfem, vallatus quatuor tortoribus larin Sarabaris, improperantibus ei convatis ejfigiatis

&

Mat. Weft. Anno 1295. Time when the Husband^)3Uru, /. e. A Hawk of a Year old. Perfer. And it proceeds from the vitium unius afturtii Sauri, vel unius Efparverii Sauri. French Sarcler, or the Latin farclare, both which Bra&on, lib. 5. tra&. 1. cap. 2. part 1. from whence alfo proceeds to weed <5>aUBagina for Salvagina, or Silvagina, i. e. fignifics Beafts which live in the Woods. D* tota Sauvafarclum, a weeding Hook.
vitia exprobrantur.

i&auiiftefine May be derived from the French Sang, fanguis, and fin, finis ; and is a Phrafe ufed by Briton, cap. 119. for the Determination or fi* nal Race of a Defcent of Kindred.

<s>iiiciiu>rime Is the man weeds his Corn.

Hafiingus debet in- gina fiP omnibus befitis fihejtribus cujufcunque generis gDartfi, Cordage for Ships. venire 21 naves, in qualibet navi 21 homines cum Sar- forent, &c. S>a;ronlagp, Seaxenlaga, Lex Saxonum. Sec Aiercone, &>c. W. Thorn.
.S^rcufatura, Weeding Corn. Una Sarculatura, chenlage. the Tenants Service of one Day's Weeding for >cabini, Wardens, was a Word ufed by the "Tenet in bondagio, & debet unam a- Wardens of Linne in Norfolk, in a Charter in the Lord. unam farculaturam. Parocb. Antiquit. thefe Words, Sciant prtfentes &P futuri quod ties ruraru, Alicia qua fuit uxor Richardi le Grey faci- Richardus Bowghere Aldermanus, Edw. Baker, pag. 401. et unam farculaturam, &= unam Wedbedripam, ib. Joh. Browne, Rob. Some, &> Will. Hall, Draper, Cufiodes five fcabini &> fratres fraternitatis five Gilpag. 403. da Mercatori* An "unlawful Net or Engine for fanttx Trinitatis vilU Lenne .$>arfei>lIUF,

&

deftroying Fifh. ram J-uft'uiariis anno

pifcantur

Inquifitiones fail*
1

co-

pi

cum

Kide/lis

&

2 54.

Sarkellis.

De biis qui Annal. Burton,

&

nos

EpifcoCom. Norf. pro quadam pecuniae fumma inter prafatum Aldermanum &P cufiodes five fcabinos, fratres &> Thomam Miller de Lenne pradiBa
in

pag. 339.

mercatorem
Cfl'COl,

had for the moll Part been anfwercd in Victuals, be converted in Pecuniam numeratam, and di96. &arf, EJfart, A Piece of Wood-land turned rected the Whole in every County to be charged on the Sheriff, to be into Arable. Sec AJfart. by him brought into the Sea AJfart. Exchequer; adding, that the Sheriff fliould ^artuni. make the Payment Ad Scalam, hoc <>arum Is intended for the City of Salisbury the eft (as It was a Form of Church-Service called Secundum forefaid Author expounds it) folveret prefer quamlibet numeratam libram For at that /ex denarios. ufum Sarum.and wascompofed by Ofmund the Second Bifhop of Sarum in the Time of William the Time Six Pence fupcr-added made up the full and near the intrinfick Value, mde Conqueror. Holingfliead, p. 1 7. col. B. See Sorbiodu- Weight, Lownds'j Ejfay on Coin, num. pag. 4. This was agreed 17 Car. z: cap. 12. Is a Kind upon as a Medium to be the common Eftimate or Sjafff, Anno 16 of Wecr with Flood-gates, moft commonly in Remedy for the defeftive Weight of Money, therecut Rivers, for the Shutting up and letting out by to avoid the Trouble of weighing the Money the Water, as Occafion requires, for the more brought into the Exchequer. Vide Hale of Sheriffs ready palling of Boats and Barges to and fro. Accounts, pag. 21 This in fome Places, as Guilford River, is called Stfalcif), The fame with Scaliera, i. e. a QuarEt inde ficut Regale Chiminum fe a Lock, in others lefs properly a Turnpike, and in ry or Stone-Pit. ad Scaleram qua others a Sluce. eft fuper, feodum Britii extendi^ ufque The Corruption of Xiww* a Name palmarii, &P a dicla Scalera per quandam femitam, <),IToii, Du Cange. by which the Englifi were formerly called in &>:. dealings, A Quarry or Pit for Stones, or raContempt, (as they are ftill by the Welfti) while ther Slates for covering Houfes. French Efcailthey rather affc&cd the Name of Angles. Whence our Scales, and the fialing of A broad Diih or Platter. Vbi- licre. iSUfira, Communem pafturam tonus mora, <um>ue tamen comederet, fatiram habebat coram fe Srones. cum liberis hominibus meis, & unam rapatijjiwam, quam de appofitis fibi cibis in eleemcfyicalingam in nam ivfirmorum cumulabat. Vita Rob. Betun Epi- competenti loco ultra Hertingburn. Mon. Tom.
fignif.

Lana, otherwifc called a Poket, is half a Sack, a Sack Eighty Tod, a Tod Two Stone, and a Stone Fourteen Pound. Fleta, lib. it cap. 12. This in Scotland is called Serpliath, and contains Four-fcore Stone. For the Lords of the Council, Anno 1527. decreed four Serpliaths of packed Wool to contain See Skene de Sixteen-fcorc Stone of Wool. verb. Serpliath, and 3 part, Infi. fol. vtrbor.

&arplar of

Sarplera

feoffavimus,

&C

concordati, tradidimus, dimifftmus & &>c. totum Mud Meffuagium nofirum, Dat. 20 die Hen. 8. Apr. Anno Reg.

Regis,

2J0 >calam,

The

old

Way

of paying into the

Exchequer Twenty Shillings and Six Pence for a Pound Sterling. Gervafe of Tilbury reports, that King William the Firft, for the better Pay of his Warriors, caufed the Arms, which till his Time
to

&

fcopi Hereford, apud Whartoni Angl. Sacr. P. 2. pag. 309. iSafUl'DapS'liOp Is a Space of Time in which of old it was not lawful to take Salmons, in the North of England, that is, Scotland, and

Angl.

inbofco, In piano, in prat is, in pafcuis, in mufjis, & fcalingis, &c. ib. p. 633. Rich, de Luci omnibus. S>calintja5. Sciatis me dediffe Burgenfibus meis de Egremund&> hxredibus fuis

2.

pag. 130.

Gretfeoh, cum omnibus

Ulecotes,

pertinentiis fuis,
eft

Qp terram de

from Even-fong on Saturday,

Monday.
ba\}Zt Utfault
:

till

Sun-rifing on

Is Word for Word locum, prater paftores, &c. properly, when a Man having nere debet ad focum made a Default in Court, comes afterwards and Penes Will Dugdale Mil. Of which Word thus he did it, as Imprifona learnallcdges a good Caule why

quod pofftnt Scalingas fuas ponere in prtrdifta terra juxta divifas de Suniun to excufe a inter Milnebech gP Ehen, it a quod nullus homo ibi ma-

Qpc.

Et fciendum

Default

This

is

&

sc
" I Jiavc no where Pcrfon writes clfe met with your Scaling*, and am as much If to feck for the Meaning of it as your fclf. I may contribute my Conjecture, I fhould Partitions or guefs by Scalingas are mcanc Divifions; as coming from the Saxon Scyle, wlicnce their Verb S,ylan, DiftinRio, Separatio, In which Scnfc the Dutch feparare.
learned
:

s
made

4CMr, (From the Saxon Sreat, i. * a in. .11 Part.) This was a brafs Coin amonpli thr 5..xe*j equal to Four Saxon t unkings; lo tbjsl rive S eats
Six Pence.
4)1 P!fHm<iP,

(Saxon) A Pyratc or Thief. II. apud Bron.pton. a&.ruprt | l( p, An miticnt Meafurr of bait, the Quantity (I think) now not known. Et atissfi " Diftinguere, from Kilian) ufc Steele*." The Sccppas Talis per annum de falinii meis ie Weft num. (as I learn Mon. Angl. 2 Par. fol. 824. b. Foot-grates at Church-yards are called Scalingi. It is nvnrion&canoalum flj^ignarum Is the fpecial Name ifecnjiuin, A Barn or Granary. of a Statute, and alfo of a Wrong done to any cd in 862. hrtriente domino
Altbeldredi,

Ingulfhus, pag.

Cecpit

high Pcrfonagc of the Land, as Prelates, Dukes, bonis omnibus abnndare ut tarn in Thefauns quam iceuEarls, Barons, and other Nobles ; and alfo to ris pojimodum dupli ia redder e tit ur. A Sheaf, as St-baff* fag.ttarum % S>). ft-1, the Chancellor, Treafurer, Clerk of the Privy U..,.l. See Skene de verbor ftrrif tod. Seal, Steward of the Houfe, Juftice of one Bench Sheaf of Arrows or other, and other great Officers of the Realm, verbo. Samp/on Dei gr. Abb At S. by falfe News, or Jiorriblc or falfc Meffagcs, |_ Artjarnprmr, whereby Debates and Difcords betwixt them and 'Edmundi &> Conv. falutem, &c. facia eft cempcfitie the Commons, or any Scandal to their Perfons inter Nos &> Burgevfes de villa S. dmundt quod' Pr*and hath given pofttus ejtifdem vilU dabt ftnrulis annit demight ariic. Anno 1 R. 2. cap. J. Name to a Writ, granted to recover Damages narios quos appellabant R? rfilver, item cenaros pre uoi nominahar.t sciiarifaldagio vaccarum ipfius v.Ua thereupon. penny, ftv. Cartular. S. Edmundi, MS. fol. 24;. >rangllini, for Excambium. <&famnum iHbUtmX\,Scannumcaducum, A Cuck- From whence I think may be inferred, that fome Debet mulier cuftomary Tenants were obliged to pen ing-Stool, or Ducking-Stool up their at Night in the Pound or Yard of tbo tertia vice pati judicium fro deb Hi, i.e. mala cervifia ^attel in fcanno caduco, &> turn cervifia de- Lord, for the Benefit of their Dm g. or if they corporate, fcil. Confuerudines Abba- did not fb, they paid a fmall Compeoiation call'd bet capi in manu Abbatii tiac de Farrcndon, MS. fol. 22. Scbarpenny or Sbarn enny, i. *. Dtin^- penny, ot Miffurum etiam argtn- Money in Lieu of Dung. The Saxon Sceam figifccapfOll for Scijptruni. teum. Scapton aureum, item feliam cum frano au- nified Muck or Dung. In fome Parts of the North they ttill call Cow-dung by the Name of i Tom. pag. 24. reo, &>c. Mon. catatu8 Signifies either Chequered or Scar- Cow Skern, and in Weftmorland a Seamy H.ughs, for Sca- is a nafty dirty Dungliil- Wench. The fame let. Caligis etiam rubra, etiam Saccatis, Concilium Londinenfe, Anno 1541. cap. 2. Duty above mentioned was likewife called Sibtrntatit. It is othcrwife called renny, nearer to the ifccabagr, Scavagium, Original Sceam, Dung, and* dedu is thus plainly dcicribed in the fame old Cartulary Schevage, Shewage and Scheauwing, may be ccd from the Saxon Seawian, oftendere, and is a of St. Edmundibury in Suffolk. Bitrgenfibm Kind of Toll or Cuftom exacted by Mayors. viUte S. Edmundi data eft quitantia cujufdam confuetufor YVarcs dinis tjua dicitur Schorn-penny ielebat enim Sheriffs, &c. of Merchant-ftrangers, or offered to Sale within their Precincts, Cellerariui accipere unum denarium per annum de auaftiewed which is prohibited by the Statute 19 H. 7. S. In libet vacca hominum villa pro exitu, (j. e. their a Charter of Henry the Second to the City of Dung) nifi forte effent vacc* Capellanorum vel Servi'

and (in.A6w. Canterbury, it is written Scewinga, Aug. 2 per. fol. 890. b.) Sceawing ; and clfewherc
ft ill

entium Curia auas vaccas folebat

ib. fol. 31.

imparcare.

I find it in

of London

Latin Trilutum Ofienforium. The City S)Ct)ara';Du, The Officer who collcScd tho; retain* the Cuftom, of which in S avage-Moncy, which was fometimes done with An old printed Beak of the Cuftoms of London, we Extortion and great Oppreffion. Ricbardus Epiread thus, Of which Cuftom halfen del appertaineth fi$ us Dunelmerfis confecratus Anno 1}U. Schavalto the sheriffs, and the other halfen del to the Hoftys in dos infurgentes in Ep'tfcopatu fortiter compefuit. Altwhefe Houfes the Merchants been lodged : And it is to qui fufpendebantur, aliqui extra Epifcopatum fugabantirr. wet that Scavagc is the Shew by caufe that Merchan- Hift. Dunelm. apud Wharton. Ang. Sac. P. i.p. ;jtf. ts fhewn unto the Sher.ffs Merchandijes, of the which Rex nitebatur fratrem Epiftopi capere, ff in vindiQam ere that ony thing thereof be Schay valdi vel Pradonis Johannis de Werdela a SerCuftoms ought to be taken vis Epiflofi o.cifi in Jnfula facta in mortem trader*. fold, &c. From the Belgick Scavan, to Ibid. S)Caufprter, and >clierftvfi"lufr. Shearing-diver, or a Payment fcrape. Two of every Pariffi within London the Suburbs, arc yearly chofcn into this Office, of a fmall Sum of Money to the Lord by a cuftowho hire Men called Rakers, and Carts to cleanfe mary Tenant for the Liberty of Shearing his the Streets, and carry away the Dirt and Filth Sheep. In the Manor of Bcrton Magna hclti of thereof, mentioned 14 Car. 2. cap. 2. The Ger- the Abbot and Convent of St. Edmunds in SuffolkAlexander Rafon tenet unum meffuagium mans call him a Dreikfimon, from one Simon, a noE/ fi habeat bider.tem ve I vacted Scavenger of Marpurg. quinq; acras terrt Mcafure of Corn. Latin Schapa. cam dabit Schcrcn-filvcr ficut Rogerus de Holme. $)n'ajK A Schap biiKfirotn Scapha, a Boat, or Skipp, or Si iff. Cartular. S. Edmundi, MS. fol. id. b. Though ScepmBfi, a Quantity of Salt. Mon. Ang. Tom. poffibly it is the fame with Schar fenny, or Money Eight Quarter and one Sceap given for Dung of Beafts. pafpWSj..

&

A Basket Paroch. Antiif. pag. 604. .f Wheat (and Baskets were formerly the common Standards of Mcafurc) is now called a Skip or Skep in the South Parts of England ; and a Bee hive is termed a Bee- skip.

The Commons JSrhCft'F, may be taken againft the

Rich. 2.

pray that Order horrible Vice of

Ufury, then termed Scbetet, and praQifcd by the Clergy as well as the Laity. Rot. Pari 14

& chin?,

sc
S>tl)illa,

sc
&
&

Bell which was formerly ufed the Sax. Sceat, Ut fupra; Lot, Sax. Llot, i. e J and often mentioned in ourlSw. exciHiftories, viz. Sumpta in manibus chorda pro Rex Anglorum Herberto Nortvhenfi Eadmerus tandis fratribus Schillam pulfantem. 8. lib. l. Epifcopo Willielmus omnibus Baronibus fuis de Norfolc
little

in the Monafteries,

Sciatis me dedijfe SanBa TriniSnffolcfalutem. )Cl)llOpenn)>, Tributum ftngulo fcuto impofitum, tati terram Norwicenjis Ecclefia, rogatu Rogeri Bigoti, efcuagium, fcutagium, vide. terram de Tancrham, LL. In* Michaelis de Utmonufterio <>cl]innan, (Sax. Scirman,) A Sheriff. qua ad eandem terram pertinet, quietam femper & liRegis apud Brompton. See Shireman. beram ab omnibus Scotis omnibus aliis Geldis, navigii, Ship-tackle.

cap.

&

<>CtpfO"Dlinga, Apparatus

&

&

;>&arcana.

It

was efpecially given in Charge

fliould in-

Confuetudinibus.

T. Eudone Dapifero apud Weftm.

by the Juftices in Eyre, that all Juries c m Kiddellis quire De hits qui pifcantur u
lis.

&c.
See of the Bifhop in Lojinga.

& Skarcal-

Co. zpar. In ft. fol. 38. Tax paid to is &r0tal, or g)COratP, {Scottalla & Scotalium,) g)Cl)irren(JC(D, Schire-geld, a Word ufed in the Charter of the Forcft, c. 8. the Sheriffs for keeping the Shire or County Court. Nullus vel Bedellus faciat Scotallas, vel Forejlarius In Berton Magna Willielmus Filius Johannis Mar- Garbas vel ColleBam &c.

chaunt tenet partem meffuagii

&

Ward-River anno 1 denar.

di.

reddit quolibet tertio anno die S. Petri ad vincula

& unam acram ad unum & Hundreds-geld & Schirrenes-geld

terra
den. quolibet
tertio

Manisiood, Par.

temp. Ed.

1.

Ex
See

Cartular. Abbat. S.
Sillin* Infule.

Edmun

MS. fol.

37. b.

216. defines it thus : A Scotal is where any Officer of the Foreft keeps an Ale-houfc within the Foreft, by Colour of his Office, caufing Men to come to his Houfe, and there to fpend their Money for Fear of Difpleafurc. It
1.

colligat,

aliquam

faciat,

pag.

>ClHp 3IQE8.
to call

Writ Judicial, moft com- fhot and by the Welflimen Cymmorth. fhew caufe to the Court monly whence it iffues, why Execution of a Judgment quod pradiBi tenentes (de Southmade out This Writ is MEmorandum, mailing) debent de confuetudine inter eos facere paffed, fliould not be not granted until a Year and a Day be elapfed Scotalium de xvi denariis &* ob. Ita quod de fingulis
S>cire faria0 Is a
,

compounded of Sot and Ale; which by Tranfpofition of the Words is otherwife called an Aleis

Man

to

after a

Scire facias

Judgment given. Old Nat. Brev. fol. iyi. the upon a Fine lies not, but within
after the Fine levied, otherwife
2.
it is

fex denariis detur 1 denar. Qp ob. Bedello Domini Archiepifcopi fuper

famcTime

the

Ex

ad potandum cum pradiBum Feodum. vetere Confuetudinario Manerii de South-

fame with the Writ of Habere

Symbol, part.
Stat.
5.

facias feijinam. Wefi

Opinion, viz. A Contribution towards the Charge or Preftati- or the Bailiffs. But in the Englifh Councils it figg>ciretoj>te, on paid to the Sheriff, for holding the Afl17.es or nifics a Drinking-bout. Communes potationes quas In folutiis pro quadam penftone Scotallas mutato nomine caritatis appellant, detejlanCounty-Courts. Paroch. Antiq. tes. Concil. Lambeth. Anno 1206". c. 2. vocata Scirewyte annxatim 10 fol. COttare. Thofe Tenants are faid Scottare P- 573* whofe Lands are fubjeft to pay Scot. Et de tota Cite, 32 H. 8. cap. 20. See Site. Handle of a terra fua extra Burgum de Thetford de qua non ScotS)fOgl luff, The Hilt or artificial Hiked Sword. taverunt tempore Rogeri Bigot. Monafticon, 1 Tom. a Sword. Enfis Scogilatus, In a Charter of King Henry 1. to the Si inter aliquos dijfenjio confurgat, ex quo pag. 875. Et prohi of St. Edmund in Suffolk. latum evaginet, non ejl Abbey eorum gladium fcogi aliqitis terra fua non alibeo ut Homines SanBi Edmundi etiam expeflandum ut percutiat. Leg. Hen. I. cap.
Entries, verb. Scire facias.

and s J E. 3. Other Diverfities of Spelman derives it from Scot Qp Tallia, i. e. a So that Scotalium is a Kind of Contributhis Writ you may find in the Table of the Regifler Tribute. See alfo the New Book of tion of any Thing. And Brompton is of the lame judicial and Original.
ca. 2.

mailing Archivis Archicp. Cantuar.

& 39 El.

Tit. Fines, feB. 137c. 7.

The annual Tax

&

83.

&COt, (Sax. Sceat, i. e. a Part or Portion) is com (according to Raflal) a certain Cuftom or 166.

quam tunc temper is fecerunt Ten. Roberto Malct apud Weftm. Ex Cartular. S. Edmundi. MS penes Joh. Epifcopum Norwic. fol.
ter

fcottent

mem

Tollage,

made

to the

to have been Plough-Wheels, from ex diverts rebus in Weftm.) illud dicitur, quod Saxon Scos, Shoes and Erian to Plough or Ear. acervum aggregatur. Anno 22 Hen. 8. cap- 3. BearEt in uno pari rotarum vocat. Schozears &c. ing neither Scot, Lot, nor other Charges, Paroch. Anempto ibidem vii fol. ii. den. S. o. In Records it is fometimes Anno 33

his Bailiffs.

Scot

(fays

Ufe of the Sheriff or Cambden out of Matth.

*&C03ar#, Schozers, Wheels for fomc Carriage;

fcem unum they

written Scoth.

.^CruDlanO, A Saxcn Word, and is Terra cujus giCOtanD JLot {Anno ;3 Hen. 8. cap. 9.) Signifies prover.tus veflibus emendis afftgnati funt. Land allota cuftpmary Contribution laid upon all SubjeQs, ted for buying Apparel. See the Saxon DiBicnary according to their Ability. Hoveden {in principio hoc verbo. Ita Eadfius quidam Presbyter in Chartafua Hen. 2.) writes it Anlote Qp Anfcote. In the Laws Ecclefia. Cantuar. data dedit etiam terram illam apud of William the Conqueror, fet forth by Lambard, Orpedingtunam in vita fua, pro anima fua, Deo in i. e. Funyou have thefe Words ; {cap. 54.) Et omnis Franci- Ecclefia Chrifli fervientibus in Scrudland, Sax. DiS. tempore Edwardi propinqui nofiri fuit in dum vefiiarium. gena, qui
Anglia,
ipfi

tiquity. 373.

Confuetudinum Anglorum, quod fl?cut8gf {Scutagium, Sax. Sildpeni?)'Ws a Tax Anfcote ferfolvat fecundum or Contribution, raifed from thole that held Again ; Rex omne injujlnm Scot- Lands by Knights-Service, towards furnifhing legem Anghrum. Hoven. in Anno 1088. Scot, from the King's Army, at One, Two, or Three Marks turn inferdixit. for 4
particeps

dicunt

Anhlote 8c

for every Knight's Fee, for Henry the Third, for &rpjf<flf mot Is a mere Saxon Word, and flghis Voyage to the Holy-Land, and a Tenth nificsa Court held twice every Y err (as the Shcritfs Turn is now) by the Bifliop of the Diocefe granted by the Clergy, and Stutage, Throe Marks of every Kni^lu's 1-ee by the Laity. Baronag. An- and the Ealdcrman (in Shires that had Ealdormen) b. This was alio levied by and by the Bifhops and Sheriffs, in fuch as were glia, I Part. fol. ill. committed to the Sheriffs that were immediate Henry the Second, Richard the Firft, and King John. ro the King, wherein both the Ecclefiaftical and Sec Efcuage. haufnfin Was a Writ that lay for the Temporal Laws, were given in Charge to the %uitatfio <io. See King, or other Lord, againft the Tenant that Country. Selden's Titles of Honour,
fol.

held by
pay,

or Times in the Year, -viz. a Burgimotus Of Scirc-motus. Leg. Canut. ccp. 38. Warlike Expedition againft the Scots or French. But Edward the Confcflbr, tap. 35. appointed it to be held Twelve Times, and Hundredacf Ir is ufed in the F. N. B. f- 83. Regifier Original Waptnfor him to recover Efcuage of others, that hath tacbia duodecies in anno congregari. >rai {Sigillum') Is well known. The firft fealed cirhcr by Service or line performed his own to Charter we find extant in England, is that of the King, fol. 88. b. t&futt', a French Gold Coin, value 3 s. 4<V. King Edward the Confcflbr upon his Foundation coined about the Year 1417. in the Reign of of Wefiminjler Abbey. Dugdale 1 rVarwickJhirt, fol. A Yet we read in the Manufcript Henry V. It comes from the French Word 138. Hiftory Rex Offa liteEcu, which lignifies a Crown, or Gold Money. of Offa, King of the Mercian^ Katberine, Queen of England, had an Aflurance rat Regii Sigilli fui munimine conftpnatas eidem Nunmade her ot fundry Caltlcs, Manors, Lands, B**. io commifit deferendas. And that Seals were in Ufc feverally named, and valued to the Sum of Forty in the SaxonsT'unc, fee Gavelkind,
in
his Place,

Knights-Service, to or clfe to fend a futficicnt

SPt.

fcrve

Man

by himfclf,
to

Confiftory.

This Court

at

was held Three Et babtatur in Anno ter

firft

where the King intended

make

whereof were worth fol 75. Sec Wang. Anno 536. Domini etiam atque a Noble. Rot. Pari. 1 H. 6. n. 40. So the learn Generofi, reliftis imaginibus equitum in Sigillis, toed Fortefcit, fpeaking of the Inns of Courts, fays, fuerunt Arma fua in parvis Scutis. Chron. Joh. Md. quod Henricns de In his enim Hofpitiis nequaquam potefl fludeni alii/uis Rofli, in Bibl. Cotton. minoribus expends in Anno, quam oBoginta Pcrgount die Luna in crapno S. Muh. venit in Can fufientari cellaria apud Lincoln &P Scutorum, cap. 49. public e dixit quid Sigillum S>CUttfla, Scotella, From Scutum. Sax. Scutel, fuum amifit, &> proteflatur, quod fi aliquod InfhumenScuttle, any Thing of a flat and broad Shape, tum cum Sigillo illo pofi tempus illud invemretur conlike a Shield, cfpccially a Plate or Difh, a (hal- fignatum, illud nullius effe valor is vel moment i. low wooden Bowl or Platter is ftill called a Scut Clauf. 8 Edw. 1. m. 3. dorfo. Sec Sigillum and And in Kent, the broader Shovel with Obligation. tie. It was ufual in the Time of H. 1. and which they turn Malt or Corn, is called the before, Etinduabus fcotcllis manualibus tofeal all Grants with the Sign of the Crofs : Has Shuttle. vii den. &c. Paroch. Antiquit. pag donationes orJinationes emptis ibidem confirmarunt OP truce fignarunt Henricus Rex &P Mathildis 574Regina. Monaft. j&cutella eleemofpnarta, An Alms-Basket or 3 Tom. /. 7. and Ordericus Vitalis tells us, That Et praterea Jingulis futuri feculi tres Archbifhop Dunfian with his Suffragans, pr.tdiBaScuttle. corpanes de Scutella elccmofynaria, Cbarta Wal. Mu- rum rerum donationem faSo cruets in Cbarta

Thoufand

Scutes,

every

Two

Taylor's Hifl.ry of
1

&

figno

cbegros.

roboravit,

lib. 4.

That moft of the Charters of the Englifh. Saxon Scutum XrmOiUtn, A Coat of Arms Noverint univerfi per prf.fer.tes me Johannam nuper Kings were thus figncd, appears by Ingulphus, and uxorem Will. Leigh de Knightley Dowinam Sp re- in the Monajliccn, and that the CrofTcs were all Sam haredem de Knightley dedijfe, &>c. Richardo Gold. But it was nor fo much ufed after the
Pefliale
tenend. ac portand. &P utend. canam qua antea ufjue ad Edwardi Regis tempera ubi unque volucrit, fibi fif htredibus fuis in perpetuum ; fidelium prafentium fuhfriptionibus cum crucibus aureis \ta quod nee ego nee aiiquis alius nomine meo aliquod aliifque fignarulis frma fuerunt, Normanr.i condemvel clamenm vel calumpniam in prtdiBo fcuto ha- nantes Chirographa Cbartas vocabant. Cange.
filio

Humfridi Pejhale leutum

>

armorum Conqucft

Nam

Chirographorum confeBionem AngH-

mcorum.

Hahend.

jus

Du

bere fotuerimus, fed per prxfentes

tuum. In cujus, 14 H. 6.

&c

fumus exclufi in perpeDat. apud Knightley. Anno

See Sigillum. >ea-!Utn. See Oleron.

ja>ealer, Sigillator, Is

an Officer in Chancery

detraHata feu derelict* feCPlOteit, (Sax.) 1. milit'f. LL. H. cap. 38. Or rather, a Mulct for any Fault ; from the Sax. Scilde, i. e. Delictum, and Wite, poena, Si Scyldwite intra Burgum, & curiam fiat 30 denar. emendetur Regi Sf Thaynis.

MulSa

appointed by the Lord Chancellor, or Lord Keeper of the Great Seal of England, to feal the Writs and Instruments there made in his Prcfence.

<>famr, Saxon.
a Sort of
Ftfi}

See Seme.
is

Leg. H.

i.e. 38.

$>e?.nM3fl, (1 fae.Seff.

Sm'.'a. All the Tenants were bound to attend and long Net called a Seane. the Scyregemet ; and thofe who neglcScd were Sec Alneger. >fard)er. to pay a Mult or Fine, which was called S<yra, ,>earouer, Anno 16 Car. hundredis. Mon viz- Si libera quieta de Schyris rate.

which

I. c. 25.) Seems to be taken with a very great

&

&

2.

cap.

6.

Sec Pi-

Tom.

jag. 51.

ftcpin?ritoffat(0, The Scire, In sion of a City. Ebora,o prater

Divicivitatc T. R. E.
fex Lib.

Ward, or

fcyram
his
efl

Archiepifcofi

fuerunt

una ex
dci.

vaflata in

eajle'.lis.

Domcl-

^>eafOn See Moridtmum. ja>Ca rrpbf in vilUs maritimis is maritiefl qui mam Domini jurifdiHionem curat, litus luflrat, S efcyrse, jeitum maris {quod Wrec appellator) Domino colligit.
Spelra.

Ddd

SfCOtlO

S>ei'OnD elibcratice, Secunda deliberate, Is a lies for him, who, after a Return of Cattel, replevied; adjudged to him that diftrained them, by reafon of a Default in the Party that replevied^ for the Replevying of the fame Cattel again, upon Security put in for the Redelivery of them in cafe the Diftrefs be juftificd. New Book of Entries, verbo Replevin in Second

Entries
AJJifes

on

this

Word SeBa ad

molendinum.

And

Writ that

turned into Trefpaflcs and Actions upon the Cafe. See Balduinus ad tituhim de fervitiitibns pradiBorum in
In/lit.

of Nufance are at prcfent

much

num

*>fCtatn p.'Oftrrp Eft tefttmonium legalium homiqui contraBui inter eos habito interfuerint prjfentes
lib.

producere. Fleta,
is

2.

cap.

63. feB.

Nitllus.

And

Deliverance,
4,
5-

fol.

522.

See Dyer, foh 41. num. feBa

Witncfs, Id. lib. 4. cap. 16. feB. final. Habes tamen felam unam iiel phires,

ufed

for a

IRcgalt?, A Suit fo called, by which all This our Law terms Bigamus, and had fo Perfons were bound twice in a Year to attend the little Favour to, that it admitted not fuch to holy Sheriff's Tourn, that rhey might be informed in Orders. Things relating to the Peace of the Publick and fi&ecrtariutn Is a Houfe or Chamber near the this Suit was called Regalis , becaufc the Sheriff's Church, in which the Plate and Garments of the Tourn was the King's Leet ; and it was a Court Priefts were kept, and like that which we now held that the People might be bound by Oath to bear true Allegiance to the King for all Percall a Veftry. fons above Twelve Years old were obliged to take the Oath of Allegiance in this Court. Hie locus ejl veneranda penus quo conditur, Of quo S3(ta tbifarutn. Per fectam ftiirarum clamat Promitur alma facri pompa minifterii.

>front> ^arriagp, Secunda Nuftia, Is when after the Deceafe of one, he marries a fecond

&c. &ettH

Wife.

effe

quiet,

de fecta
Itin.

in

Com.

Ceftria

&

Flint,

coram

Priefts fate together in thefc Veftries, to confult of the Affairs of the Church ; and in Rcfemblancc of that ancient

Sometimes the Bifhops and

Juftic.

Domini
in

Principis in

Plac.

apud

communi aula Placitorum. Ceftriam, 14 Hen. 7. See

Rennet's Gloffary in

SeBa Schirarum

& hundredo-

Cuftom, the Minifter, Churchwardens, and the rum. chief Men of moft Parifhes do, even at this &ecta unica tanfum facienDa vio pluribus Time, meet in the Veftry, and confult of the like (laereOttariuUS Is a Writ that lies for that Heir that is diftrained by the Lord to more Suits than Matters. The one, in relpeci of the Land of divers Heirs deSecretis, A Secretary. gtfcrcfariutf, Word formerly fignificd any Confident, Favou- feended unto him. Reg. Orig.f. in- a. rite or Intimado. CunBa denique agenda fua ad Sbecti.0 non facifnDie Is a Writ that lies for a nutum unius Secretarii fui fajftm committere. Pa- Woman, who, for her Dower, ought not to perroch. Antiquit. fag. 388. The Title is now form Suit of Court. Reg. Orig. f. 174. It lay alfo for one in Wardfhip, to be freed of all Suits of only given to him that is ah Epiftolis, As the Two Secretaries of State, Court during his Wardship. Reg. Orig.f. 173, but fcriptis fecretis fee 1 2 Car. 2. c. 24. &c. gtfCta, A Suit of Cloaths. Ad SeBam, de SeBa, ^minfarp, Secundaria, That Officer who is according to fuch a Suit or Sort. As the Religi- the Second, or next to the chief Officer ; as the ous in the greater Convents gave Liveries ad Secundary of the Fine-Office ; the Secundary of the diverfas feBas, of different Suits or Kinds, accord- Compters, who is next to the Sheriff of London ing to the Condition and Office of thofe who re- in each of the two Compters j Secundary of the ceived and wore their Livery. Henrkus Prior Office of the Privy Seal. Anno 1 Ed. 4. cap. 1. Elien. Conv. Noveritis nos concejjijfe Job. Secondaries of the Pipe, two : Secundary to the Reannuatim unam roham fro feipfo de fe&a membrancers, which are Two Officers in the ExBrewode aliam de fecta Valettorum pro famu- chequer. Cambd.f.li$. Armigerorum, Dat. 14 Decemb. 16 H. 4. Cartular. Eclo fuo S?pcnnDa uiperoneratione paQura; Is a Writ cl. Elien.Atf. /. 83. that lies where Admcafurcment of Pafture hath gpecta ao Curiam Is a Writ that lies againft been made ; and he that firft furcharged the him who refufes to perform his Suit cither to Common, doth again furcharge it, notwithftandthe County or Court-Baron F. N. B. f. 1 58. ing the Admeafurement. Reg. Orig. fol. 157. Old gserta aD jutlttiam facteiiDam Is a Service Nat. Brev.f. 73.

&

&

&

bound to perform by his Fee. g>?cunraretu inbem'enDi quoti fe non Drbrrfat num. 6. aD psnes erteraB fine lirentta ISepiS, Is a Writ 4bt"(tae (J* urtEE, Suit and Service done by Te- that lies for the King againft any of his Subjects nants at the Court of their Lord the Homines de to ftay them from going out of his Kingdom Hedingdon facient feBam curia Domini fex Jeptimanis, Ground of which is, That every Man is bound Breve Domini Regis in diBa curia attachietur, to ferve and defend the Commonwealth, as the ft tunc feBam illam facient de tribus feptimanis in tres King fhall think meet. F. N. B.f. 85. Paroch. Antiquit. fag. 320. ^militate paCJB Is a Writ that lies for one feptimanas. *a>etta facitiida per tllatn qua: inibef xtitciam who is threatned Death or Danger, againft him partem Is a Writ to compel the Heir, that hath that fo threatneth, and is taken out of the Chanthe Elder's Part of the Co-heirs, to perform Ser- cery, and directed to the Sheriff; ; the Form and vice for all the Coparceners. Reg. Orig. fol. 177. farther Ufe whereof, you may fee in Reg. Orig.f. Secta ^OieriBhu Is a Writ lying againft him 88. and Fitz. Nat. Brev. f. 79. that was wont to grind at the Mill of B. and afSec Mortuary Scdatium Commune Spetiatilim. ter goes to another Mill with his Corn. Reg. O- refpxi non debet, ft modicum fuerit ft magnum, acciBut it feems by fiendum ufque fretium Vacct, QPc. 153. F. N. B. fol. 122. tigi f. *>e DetenCenDO Is a Plea for him that is charhim, that this Writ lies cfpecially for the Lord againft his Frank-tenant, who held of him by ged with the Death of another, faying, He was making Suit to his Mill. See the New Book of neccflitated to do that which he did in his own Dc-

which a
BraBon,

Man

is

lib. 2. c. 16.

&

S
:

E
370.
it

Defence: The other fo'affaultinghim, That if he ulbd both by the Canonifis and Civilians. Safin ac had not done as he did, he muft have been in cording to rhe Common Law i> Twofold, Seifin in Hazard of his own Life But this Danger ought Faff, and Seifin in Law. Pcrkin's Dower, 3<$o, to be lb great, that it fecms inevitable. Staundf. Seifin in Faff is, when a corporal Polfcflion
PI. Cor.

be done

is taken; Seifin in Law, when fomcthing i done, driven to which the Law accountcth a Seifin, as an Inrolthe Lord ment And this . u-. much as * Right Seifin in Law procure his Pardon of courle from Chancellor, and forfeits his Goods to the King, to Lands and Tenements, though the Owner be by wrong diflcifed of them. Perkins Tenant park according to the fame Author. Basket, or other Vcflcl of cttrtefic, 457, 458. And it fecms by Ingham, That <8>eeur00, A Wood carried upon one Arm of the Husbandman, he who hath an Hour's Poffeflion quietly taken, to bear Seed or Grain, which he fows with the hath Seifin de droit Sp de claime, whereof no Man other Hand. From Sax. Sad, Seed, and Codde, a may difleifc him by his own Force or Subtilty, Purfe or fuch like Continent. Hence Codd in but muft be driven to his Aftion, feff Briefe de is a Bolder or Pillow, and in other Novel Coke, lib. 4. fol. 9. calls it Seifin Dijfeifin. Wefimcreland Northern Pans a Cuftuon, as a Pin-cod, i.e. a Pin- in Law, or Actual Seifin. The Civilians call the culhion. A Horfe-cod, i. e. a Horfe-collar to guard one Civilem p JfeJJionem, the other Naturalem. The Cod of a Man or Bcaft, a 01*1.1 liilrr &>fifiiia i):itntioi ? litbuit arm m, his Neck. Pro uno Seed cod Diem 9 UattUin, Is a Writ that lies for Delivery a Pea/cod, Cod-piece, See Rennet's of Seifin to the Lord of his Lands or Tenements, d. Paroch. Antiquit. p. 540. empto iv after the King, in the Right of his Prerogative, GlolTary in Seed cod A Secdfman, or one who lows the hath had the Year, Day and Wafte. Reg. Orig. gpffoer, Ground: From the Sax. Sedere, which fignifics fol. 165. J&PllO, Sefo-onis. Seafbn, or ftated Time. Seed or Seedfman. Seaton in Northumberland. Debet operari in c/uahbet feptimana, a Fefio S. MichaeT &fgotiuilUm f the French lis ufque ad gulam Augufii quolibet die operabili unum ffeeiuuio.', Dominus, Is borrowed and denotes in the general Signification opus, pretium operis ob. quadr. &P a Fefi} S. Petri ad Seigneur, for vincula as much as Lord ; but particularly it is ufed ufque ad Feflum S. Michaelis unum o>us in Lord of the Fee, or of a Manor, even as quolibet die operabili l. den. ob. excepto fefonc hyemali. the who Extent. Mancrii de Garingcs in Spelman,v-ho leaves Dominus or Senior among the Feudiftt is he a Fee, or Benefit, out of the Land to an- the Word unexplain'd. grants other And the Rcafon is, as Hotoman faith, begpc 1 Signifies the Bigncfs of a Thing to which caufc having granted the Ufe and Profit of the it's added, as Selwood, a great Wood. Land to another ; yet the Property, that is Dost lo.l May be deduced from the Saxon Selce minium, he ftill retains in himfclf. Sec Hotoman Seat or Stool. Affifa menfutarum, Anno 9 R. 1 Prohibemus ne quis mercator fenior. in verbis feudal, verb. Dominus apud Hovcden, Seems to 2. cap. 1. Ce\dx fua rubros pannos vel nigros -vel fcuta ftnM\}il!OMP, 9 H. 5. Stat. fr tendat be a Royalty or Prerogative of the King, where- vel aliqua alia, per qu* vifus emptorum ficpe decipiunAllowance of Gold and Silver tur ad bonum pannum eligendum. In Majoribus by he challcngcth brought in the Mafs to his Exchange for Coin. Chronieis ubi locus hie vertitur. Spelman fays, Pound- Selda is expounded for a Window: It fignifics alfo By Seigniorage or Royalty out of every Five a Weight of Gold, the King had for his Coin Shop, Shed, or Stall, Sciant, &c. quod ego Thowhich he paid to the Maftcr of mas Pencombc de Bromyard dedi, &>c. Thomae Shillings, out of the Mint for his Work fometimes one Shilling, Forlenet vicario Fxclefi* de Bromyard prad. unam
lib.

i.

c.

7.

And though he
yet he

iuftify

to

in his

own Defence,

is

&Pc

&

Weight of

fcldam meam jacentem in Bromyard fr-d. &>c. Dat. Upon every an- &e. Anno 10 H. 6. Et medietatem unius felSilver, the Seigniorage or Coinage fwcred to the King in the Time of King Edward djc vocat. Le Vnicorne in London. Mon. Ang. 2. was Eighteen Penny-Weight pondere, which a- par. fol. 322. Selda alfo fignifics a Wood of Sal3. bout that Time amounted to one Shilling, out of lows, Willows, and Withies. Sir Edward Coke which he paid fometimes Eight-pence, fometimes (on Littl. f. 4. b.) takes, or rather miftakes , Selda In the Time of H. 5. for a Salt- Pit. Nine-pence to the Mafter.

fometimes Eighteen pence.

Pound-

the King'j Seiniorage of every Pound- Weight of S>pllCM Of lLsnti, Selio terra. May be derived Silver was Fifteen-pence. Vid. Hale of Sheriff's from the French Seitton, Ground rifing between Two Furrows; in Latin Por.a, in Englifh a Ridge Accompts, p. 3. from the of Land, and contains no certain Quantity, but &figmo;t*, Dominium, Is borrowed

Therefore French Seigneurie, i. dominatus, imperium, principa- fometimes more, and fometimes lefs and fignifics with us a Manor or Lordfhip, Crompton in his jurifdiffions of Courts, fol. 22 1, faith, lis Ktch. fol 80. Seigniory in That a Selion of Land cannot be demanded, be Seigniory de Sokemans, which fecms to be the Title of him who is caufe it is a Thing uncertain It may not without grofs, not Lord by Means of any Manor, but imme- fome Probability be deduced from the Saxon Sul as Tenure in Capite, or in his own Perfon whence alfo the French Seili. aratrum diately fyl, whereby one holds of the King as of his Crown, lonner, id eft, arare, to Plough. Cbarta vetus Ain is Kitchin, fol. 206. See chronia makcth Six Selions and a Half to be but grofs. Seigniory
: ;
:

one Acre. Sciant quod ego Margeria filia Willibe one that is elmi de Ryleia dedi, &c. Emma filia me* pro hmagio CigniO? a Lord, but of no Manor.and therefore can keep &>fervitiofuo unam acram term in campo de Camurth, Selioncs &> dimid. cum forera & fepe 8? no Court. F. N. B.fol. 3. fiil. illasfex in Aldcwic juxta terram, &c. Sec ^etllon. See Selion. foffato qua jacent fefiffn, Seifina, From the French Sefi?:e, pof- Hade, and Kennet's Gloflary in Selio. : So Primier Seifin is the firft Poffeflion, and >elntnca. See Selion. feffio See Primier Seifin. to feife, is to take Pofleflion. S>eflatn popart?. See Armifcan.
Seignior.

in

O.rcf0

Scemcth

to

'

Of the

French

Word

Seifir,h

made

the Latin

feifire,

Ddd

8>tU

SE
>enibU.
is

SE
;

See

Selion,

&?me, Summa,
Eight
2.

Horfc-load

Buflicls.
vocat.

pro
3

fummaeiis

Stat. 5. cap. 21.' In Purification Beau fuit films Regis Anglorttm Parifiis Qpfervhit Fratres Pr<cdicator. (Heref.) Regi Francorum ad men/am ut Senefchallus Francia, Semes, de focali percipiend. Rob. de Monte in Anno 11 70. pag. 649. See
3.

25 Ed. Seme of Corn Maria;,

Hcywood pro tcrmino 20 annorum, Kennet's Gloflary. H. 5. par. 2. m. 18. See Sumage Habebunt &enev*7apB, Play-days, or Times of PleaDies recreationis vocaetiam dum fummas frumer.ti, pro pafieliis, cum volue- fure and Diverfion.
de quotidie de bofco

Et jint ti Anglice Scny-days petuntur a Refidentariis Ecclefia par. 2. fol. 935. &f murdro, &> Tenniggs, &P Wa Ebor. verbis Gatticis Moy honorables Seirs, a. a Je an cet temps vous emprie donez mez gores de Seney pentake, & Auxiliit Vice-comitum. Ibid. fol. 201. De quatuor Summis falis, continentibus quadra- coment eguunt glia efie accujlome a faire a un Canon Ibid. f. 256. b. Refidentian Regift. Eccl. Ebor. Anno ginta bullones pro dimidia falina fua. See Summa, 1562. ^englaritt!?, A Boar fo called, Quia filus & j&emictnCttum, A narrow Girdle Vel nudus omninovel in SemicinSiis tabefcens, V. Pet. Blefcnfis, fingularis duobus primis Annis vagatur : Tis mentioned in the Monafiic. 1 Tom. p. 841. Et pajluram Epift. 102. ad unum fenglarium, &V. In corballis Qp ad 20 Vaccas >cmitiarium, A Seed-Leap. feminariis emptis iv den. ob. in tribulis & Ugonibtts &fnir, alias *&ne, Sena, Is a medicinal Herb, the Ufe and Virtues whereof you may read in emptis vii den. Confuetud. Domus de Farendon. Gerard's Herbal, lib. 3. cap. 8. This is mentioned MS. fol 13. %3t minitif r bills', A Preacher or Sower of Words among other Drugs and Spices to be garbled. Pet. Blefenfis fermo 43 Seminiverbius in Cathedra, Anno 1 jfac. c. 9. WiUielmus de Braofa dedit Regi Pnclatus in Curia, Advocatus in miffa. &Cnla, S>enagium (From Senatus, fometimes ufed for oUingentas marcas, tres dextrarios, quinque chacuros, a Synod) is the fame with Synodal, which fee. Item viginti quatuor fenfas, &P decern Leporarios. Cart. 7. Domino Joh. I don't know whether any Writer has mentiquod perfolvant Procurationem Qp Senagium Archidiaccno debitum. Ordinatio Ric. Epifc. Hcrcf. oned this Word but Mr. Blount, and he confefles his Ignorance of the Anno 1314. Meaning of it. I take them O&tmtOi. In the Laws of Edward the Confrffcr co be the more flow and fure-fecnting (mall Hounds
rint faciend. quieti de fummagiis
'

Mon. Ang.

&

That the Britons called thofc Senathe Saxons afterwards called Aldermen, and fometimes Senators ; not for their Age, but for their Wifdom, for fomc of them were young Men, but very well skilled in the Laws. In the Crown, cap. 28. we read a Staundford's Pleas of Charter of Kenulph, King of the Medians, viz.
vve are told,
tors

whom

or Beagles. iSM'iirurum, a

Land

full

of Brambles.

or divided into feparated from other Ground. Plana quA facet juxta fepariam Prions e> Conventus de Paroch. Antiq. Burncefire.
s&rparta, Separaria,
feveral,

Enclofurc,

levered

or

p.

336.

&= Senatorum gentis SH'paraf/on, Separatio,Is the living afunder of &V. In thofc Days Man and Wife. See Mulier. ditto fua largitusfuit Monafierio, there were Two Men of Authority in every Coun.t>fptrigu0, for Septrigerius. The Alderman, whom the Normans after >pn[iluer, Seepfilver, Among the Cuftoms of ty, viz.. wards called Earl, and the Shire-Rcevc, whom the Manor of Cokefield, belonging to the Abbey of St. Edmund in Suffolk. Cufiumarius debet they called Vicecomes or Sheriff. i>Ciloa!, Anno 2 R. 2. cap. 1. Seems to be fine fcindere e> cariare quatuor caraSatas focalis apud Linen or Silk, or Cyprus Silk, from the Italian SanBum Edmundum ad eandem firmam pro tribus dabit Seepfilver, videlicet , Zendalo; but Sandal is a Kind of Phyfical Wood cperibus pro from the Indies. quinque capitibus unum denarium, & quietus erit de una brought ^enpgf. There goes out yearly in Proxege and opere pro Sepfilver. Cartular S. Edmundi, MS. fol. 88. Senegc 33/. 6d. Perhaps Senege may be Money Is for Synodals, as Proxege for Proxies or Pro3>ept'itflg?fim<i, Mentioned Wefim. 1. c. 51.
Conjilio

&>

confenfu Epifcoporum

&

paid

always the Third Sunday before Quadragefima SpeneUCta, Widowhood. If a Widow, having exclufive, from which, until the Octaves after Dower after the Death of her Husband ftiall mar- Eafier, the Solemnizing of Marriage is forbidden flic fliull by the Canon Law. It is called Septuagefima, as ry, vel filium,vel filiam in Scncncia. peperit , forfeit and lofe her Dower in what Place foe- being above Seventy Days before Eafier, as Sexaver in Kent . Tenen. in Gavelkind. Plac. Trin. 1 7 gefima and Quinquagefima, becaufe the firft is accounted Sixty, the latter Fifty Days before the E. 3. SenffcaHo 9 iftarefljallo quoD "0" teeanr fame Feaft, and arc Days appointed by the Is a Writ direct- Church to Ah of Penance and Mortification, and placita De ftbero tenemenro, *c ed to the Steward or Marfhal of England, inhibit- are preparative to the Devotion of Lent then in approaching. The Laws of King Car.utus oring them to take Cognifance of any Aftion their Court that concerns cither Freehold, Debt dained a Vacancy from Judicature, from Septuato Quindena See Quinquagefior Covenant. Reg. Orig.f. 185, 191. PafchJt. gefima 33etlfflial. SenefihaUus, Is a French Word, but ma. borrowed from Germany, being derived from ^Cpfum, An Inclofure, a Clofc, and is fo Sein, a Houfe or Place, and Schale, fervus ; we called, becaufe it is encompafled cumfepeQp foffa, it a Steward, and fo doth Co. on Lit. f. 61. with a Hedge and a Ditch, or at leaft with a Englifh As the high Senefhal or Steward of England. Staund. Hedge. PI. Cor. fol. 152. High Senefhal or Steward, and Seputrlj^f, Sepulchrum, Is the Place where any South Senefhal or Under-Steward, Kitchin, fol. 83. dead Body lies interred ; but a Monument is a is underftood of the Stewards or Under-Stewards Place where fomething is fct up for the Memoriof Courts ; Senefhal de I'hojiel de Roy, Steward of al of the Deceafed, though the Corps lie not the King's Houfliold. Cromp. furif. fol. 102. Sec there.
curations.

S
S>cpultura
for the Burial

E
r

E
&

Is an Offering made to the Pricft Guard, To called, becaufc he wi/cj< a.titm ad of a dead Body 'Tis mentioned in res neceffarias in exenitu peragendas, fo Calepine. But
:

viz- Eafdem confuetudines debent illi, fiPf- Skene de verba, fignif. verbor. Serjeant, faith, It it, Gale's Hilt. Brit, vox compofita de ferrer, quod eft intluderi, exeratttm &> Scpulturam. Gent, prdter vel populo l. 765. ufurpatur. Tlfis Word [fuod pro gent e, plebe f deqiutlir fllb fllO penrulO Is a Writ that is diverfly ufed in our Law, and applied to funlies where a Summons ad Warrant!fandum is a- dry Offices and Callings. Firft, 11 Serjeant ax Law warded, and the Sheriff returns, That he hath (or of the Coyf )is the highcrt Degree taken in nothing whereby he may be fummoncd ; then that Profcflion, as that of a D0&01 is in the Civil out an Alias and Plitries, and it he come not Law. And to tlicfe, as Men bell learned, and

Dome/day,

Old Nat. moft experienced of all others, one Court is let apart for them to plead in by thcmfelvcs, which >queU caufse, The Proccfs, and depending is the Court of Common Pleas, where the Common Law of England is moft Hriftly obferved ; and Iffue of a Caufe or Trial. Etquod though they have this Court to thcmfelvcs, yet >fquela Curiae, Suit of Court, a Sequela Curiae. Mon. Ang. 2. par. fol. they arc not rcftraincd from pleading in any ofint liberi ther Courts, where the Judges (who cannot have a that Honour, till they have taken the ibeqtlfla molcnuini, The owning Suit to Degree of or being bound to grind Corn in Serjeant at Law,) call them Brothers, and hear particular Mill, that only Place; which was a Duty and Service them with great refpeft next to the King's AtConcedere fequelam mo- torney and Solicitor General. Thefc are made laid upon many Tcncnts. lendini, was to grant all the Toll and Profit ari- by the King's Mandate, or Writ, direQed unto Sciant them, commanding them, upon a great Penalty (ing from fitch Cuftomary Rights. de Ebroys (i. e. Devereux) dedi to take quod ego Stephanas upon them that Degree by a Day certain molen therein Ecclefi* SanBi Lenardi de Pyonid Dyer, fol. 72. num. t. See Count. aliigned. dinum meum de Froma cum omnibus pertin. fuis, fitti And of thele is the King's Serjeant, being chofen Molta, Sequela &> Stagno Reg. Priorat. de commonly out of the reft, in refpeft of his great

goes at the Pluries, then goes out this Writ. Lit. f. 101. Brev.f. 163. Co. on

fefqueta ffiliflaiKyum, All the Retinue and and Chattels of fcr. Appertincnces to the Goods vile Tcnants.^which were at the arbitrary and Wi/liam de Lonfpe abfolute Difpofal of the Lord. confirmed to the Priory of Burcefter their Lands in Cum Villanis &= eorum fcquelis &P Wrechwick catallis.Villanos cum vilianagiis omnibus cataHis S?

Wormlcy,

/.

22. a.

Learning, to plead for him in all Cauies, efpeStaundf PI. Cro. lib. 7. And ot thefe there maybe more if it cap.''i. pleafc the King. This, in other Kingdoms, is
cially in thofe of Treafon.

called Advocatus Regius, Cajfan. de confuet. Burgund, With what Solemnity thele Serjeants be pag. 850. Cro 3. par. f. 1. created, read Forte/cue, cap. yo. and 2 Inft. fol. 213. Thefe were called anciently
Servientes Narratores.
refchall dicit

tota

fequela ipforum

Paroch. Antiq. pag. 216,

Et prxdiBus Thomas

le

Ma-

288.

Trin. 25 Ed. 1. Coram Regc, Oxon quod Termino Trin. Anno 26 Hen. 8. Tho. Wtlloughby, cf Johannes Baldwin- Serjeants de ccafed ; fhe is faid to Sequefter. Roy, fueront fairs Chivaliers, que nul tiels Serfef quettiatltm Sequejlrat.o, Is the feparating of jeants devant fuer. unques fait Chivaliers* Ex MS. a Thing in Controvcrfy from the Poffcffion of Vocat. Spelman'j Reports. In Edward the Sixth's both thofc that contend for it : And it is of two Time, Serjeant Benloes wrote himfelf Solus Serviens Kinds, Voluntary or Neceffary ; Voluntary is that ad legem. In feems for fome Time there was none
fuofuit,
&r-c.

A Jubilee, or Song of Rejoicing. Sequcntiam illam in Fefto Pentecofles. Brompt. &fquftter Is a Term ufed in the Civil Law for renouncing, as when a Widow comes into Court, and difclaims to have any Thing to do, or to intermeddle with her Husband's Eftatc who is de>CqUllfifl,
Fecit

quod
in

coram Juftic. &

& quod
22

ipfe tft communis Serviens Narrator alibi ubi melius ad hoc conduct potetit,

ipfe

'fufticiariis ftetit

Placito pr.fatt Affif* coram prafatis cum prtdiBo Johannc, & de concilia

Add.

&

which
ty
is

is

tells us they were formerly called DoBcres Legis ; though others are of Opinion that the Judges are more properly DoBores Legis, and the Serjeants are Batchehrs of Laws. However, Spelman writes, That though a Serjeant may be fol. 271. nchcr than all the Doftors in the Commons, yet &/. 256. num. 8. &>fol. 260. www. 42. num. 16. As alfo for the Gathering the Fruits of a Doftor is fuperior in Degree to a Serjeant : For a Benefice void, to the Ufe of the next Incum the very Name of a Doftor is Magisterial, but bent. 28 H. 8. c. u. Fortefue, c. 50 and in di- that of a Serjeant is Minifterial, for he is Serziens vers other Cafes See Kennel's Gloflary in Seque- ad Legem, and the Doftors are feated and cover'd ftrare. (when they plead, but the Serjeant, ftand uncovcr^cqurflro hafjfnDO Is a Writ Judicial, for ed at the Bar, only they have a Coif on their the diflblving a Sequeflration of the Fruits of a Heads, which is ftgnum This flatus &P grad s. Benefice made by a' Bilhop at the King's Com- [Word Serjeant is ufed in Eritton for an Officer be mand, thereby to compel the Parfon to appear [longing to the County, and the lame which Bra at the Suit of another ; for the Parfon upon his Bon in his Fifth Book, c. 4. num. b. calls ServienAppearance may have this Writ for the Discharge tern Hundred!, and is in Truth no other than the of the Sequeflration. Reg. Judie. fol. 36. Bailiff of the Hundred; and the Steward of a Ma.fu'qui. To prefer an Aftion, and profecutc a nor is called Serviens Manerii. Coke, vol. 4. CopySuit or Caufe, as Attorney or Proftor in a Court hold Cafes, fol. 21. a. The next is a Serjeant at of Juftice. Qui fequitur pro Rege, the King's At- Arms, or the Mace, {Serviens ad Arma) whofe Office is to attend the Perfon of the King. Anno J torney ergrant, or g>erjeanf, Serviens, Cometh ofjH*. 7- cap. 3. to arrcft Traitors or Pcrfons of the French Serjeant; i. fatelles, a Man of the [Condition, and to attend the Lord High Steward

that

done by Confent of each Party Neceffa- but himfelf. Mr. Selden which the Judge doth of his Authority,
:

whether the Parties will or not. It is ufed alfo for the Aft of the Ordinary, difpofing the Goods and Chattels of one deccafed, whofc Eftatc no Man will meddle with. Dyer, fol. 232. num. 5.

&

'

of

SE
\

SE

of England, fitting in Judgment upon any Trai-'bulum. And Sir Richard Rockejly held Lands at (P/. Cor. lib. 3. cap. I.) Oi.Seton by Serjeant), to be Vantrarius Regis, the tor, and luch like. not King's Fore- Footman when he went into thefe, by the Statute 13 R. 2. c. <S. there may Gafcoigne, be above Thirty in the Realm. Two of them, Donee perufus fuit -pari folutarum precii 41/. until he by the King's Allowance, do attend on the Two^had worn out a Pair of Shoes of Four Pence Houfes of Parliament, whofe Office in the Houfe Price. This Service, being to be performed of Commons is, the keeping of the Doors, and when the King went to Gafcoigne to make War, is of Knight's Service. Co. on Lit. jo', do. See the Stat, (as of late it hath been u fed) the Execution luch Commands, cfpecially touching the Apple- ia Car. 2. cap. 24. whereby all Tenures, &c. are henfion of any Offender, as that Houfe fliall en- turned into free and common Socage ; but the Another of them Honorary Services of Grand Serjeanty arc therein him. Crompt. Jur. fol. 9. join attends on the Lord Chancellor or Lord Keeper, excepted. Johannes Freeman tenet unam Virgatam in the Chancery : And one on the Lord Treafurer terra; per Serjantiam menfurandi Fojfata opera of England: One upon the Lord Mayor of London, Domini Regis, ad cajlrum Domini Regis. Lib. niger one attendeth Herefordisc. Though Services or Tenures are upon extraordinary Solemnities ; the Lord Prefident of Wales, and another now turned into Soccage, yet it may be neceffary upon to fhew how Prefident of the North, QPe. they are described in our old Law upon the Lord Thefe Serjeants at Arms are in the old Books Books, which fee under the Word Servitium. Sec called Virgatores, becaufe they carried Silver Skene de verbor. Jignif. and Kennet's Gloflary. Rods gilt with Gold before the King. In eadem &mnontum, An Interlude or Play acted by Curia Regis far.t Virgatores populum gravantes, gravia interlocutory Perfons. Before the Modern Improvements of the Stage, thefe ruder Sort of Flcta, lib. 2. cap. 38. feoda petentes. Another Sort of Serjeants are chief Officers, who Farces were even a Part of the unreform'd Reliexecute fcvcral Functions or Offices within the gion. The Inferior Orders of the Clergy, afiifted of which you may read many by Boys and Children, ufed to acl over fome hiKing's Houfhold ; ftorical Comedy in the Body of the Church, fuitin the Statute of 33 H. 8. c. 12. There is likewife a more inferior Kind of Ser- able to the Solemnity of f/inc high Proccflion
j 1

&

the jeants of

Anno Dom. 14S3. 7 die Junii. DecaMace, whereof there is a Troop in the Day. of London, and other corporate Towns, that nus Lincoln, cum Confratribus fuis de procejfitne SanS. City attend the Mayor or other Head Officer, chiefly Ann* in proximo Feflo ejufdem futuro per cives Line, And fienda, communkantes una decreverunt quod illud luKitchin, fol. 143. for Matters of Juftice. thefe are called Servientes ad Clavem. New Bookof dum Jive fermonium de ajfumptione five coronatione Entries, verbo, Scire facias, in Mainpernors, cap. 3_ beau Maria erga diBum Fejlum de novo reparatum
533.
alfo a

fol-

There was

Kind of Servants

Houfes, called Serjeants ad eorum fujier.tationem f> advenientium hofpitum & Hutton, S. T. P. Ex Regiftris Ecclcfiae Lincoln. ad fervien- MSS. pauperum c> Scrjantorum, quos conjlitui Charta Gundulfi Roft. Epifc. in Bibl. dum eis gterplfff, A Mantle or upper Coat : From the Cotton. And in Cumberland the Governor oiGille- Latin Superpeliicium, it fignifics rich Mantles and

prxparatum habere voluerunt, ac ludificatum in religious oflenfum in proceffione pr<cdiBa pout confuetum fuerat addidi in navi diRt, Dedi praterea, Eccleji*. Colle&an. Rev. Viri Matth.
.

...
&

&

&

fland,
all

Anciently Furs, and Robes worn by great Perfons. gtfrbaflP, {Anno 1 Rich. z. cap. 6.) that is, when each Tenant, befides Payment of a certain tending Wiflm. 1. cap. 30.) which Fleta calls Virgatores Ser- Rent, finds one or more Workmen for his Lord's were in tKe Natuie of our Tip- Service. Inq. 7 Ed. 1. Nott. Etiam efl Religio ilia vientes, and
is

called

Land

Serjeant.

Cam.

the

in Eyre had certain Officers atJufticcs them, called Serjeants, (as appears by

ftaffs.

ita

Et etiam habere ibiSjrnranfS Of fJeatP, dem (i. Dunham) fex fervientes qui vocantur Serjeants of Peace, qui fervient Cur. Manerii &* facient Attach. & executiones omnium Placitorum &P querelarum in diila Curia Placitorum, &c. PI. de Quo Warranto apud Ceftriam. 51 Ed. 3. The like Officer they have in the City of Chejler. j>n'jeantj'> Serjeantia, Signifies in Law a Service that cannot be due to any Lord from his Tenant, but to the King only and this is either Grand or Petit The firft is, where one holds Land of the King by Service, which he ought to do in his own Perfon as to bear the King's Banner, Spear, QPe. Petit Serjeanty is, where a Man
;
:

pofita Servagio per Abbates Cijlercienfes, quod Pla. Pari. 33 fervitium Dei in hac parte impeditur.
in
1.

E.

See

Service.

of England
274.

in

King John brought the Servage to the See of Rome.

Crown
2
Injt.

Our Sfefrui, Bond-men, or fcrvile Tenants. Northern Servi had always a much eafier Condition than the Roman Slaves. Servis non in nomorem defcriptis per familiam JAiniftcriis utun({rum

tur.

menti

Suam quifjue fedem, fuos penates modum Dominus, aut Pecoris, aut

regit.

Fru-

injungit,

&

Ve/lis, colono

Scrvus

haBenus

paret.

Tacitus de

holds fmall

ger, 16, &f 37- &P

Land of the King, to Thing towards his VVa Bow, &-c. of which re
Britton, cap.
t,

feodalia fervitia fummum eji nee Patronum aliquem agnofcit

along in the Domefday Book diftin~ guifhed from each other. So in Burcefter there the Learned Spelman. And Cambden, Tit. Suffolk, [were quinque Servi, viginti 0B0 Villani, le Fettour qui tenuit terras in \&c. I fuppofe the Servi were thofe, whom our fpeaks of Baldwin in Com. Suffolk per fcrjantiam, pro qua Lawyers have fince called Pure Villanes, and VilHenningjlon debuit facere die natali Domini Jingulis annis coram lanes in grofs, who without any detcrmin'd Tenure Domino Rege Anglie Saltum, Sufflum Pettum, of Land, were at the arbitrary Pleafure of the mum bom- Lord appointed to fuch fervile Works, and receialias unum faltum, unum fufflatum,
prater

&

Moribus Germanorum. Which plainly defcribes the Condition of our Saxon and Norman Servants, Natives, and Villains ; whofe Servitude did yield yearly fome more refpeci their Tenure, than their Perfons. as a Sword, Deg- jNo Author to my Knowledge has fixt the DiftinBratlon, lib. 2. cap ftion between Servus and Villanus, though unnum. I, 2. Inter doubtedly their fcrvile State was different, for
.
.

iUuJlriJJimum, quod they are all

Regem,

fa vs

&

&

&

ved

&irt)lfium inrnnfecum It that Service which Wages or Maintenance at Difcrction of The other were of a fupcrior Degree, was due to the Chief Lord alone from hu Vafand were called Villani, bccaulc they were VilU fah. BraBon, lib. 1. cap. :<$. FUta, lib. }. c. 14. &gleb* adfcrlpti,i. t. held fome Cottage and Lands, par. 7. for which they were burdened with fuch (tared &erbifium liberartl Was a Servict to be done by fcrvilc Offices, and were convey 'd as a Perti- the feudatory Tenants, who were call'd libni nence of the Manor or Eftateto which they be- homines, and diftintt from Vaffals as likewife was their Service, for they were not bound to longed. See Kennet's GlolTary. The Name and any of of their Bondage do often occur in thofc bafc Services, as to plough the Lord's Land, Quality And their Condition, no &* but only to find a Man and Horfctogo Dome/day Rcgifter doubt, was worfe than that of the Bordarii, or with the Lord into the Army, or to attend his

ved their the Lord.

likewife fome fcrvile OfLord, and yet as to their Pcrfons and Goods were not obnoxious to Servitude, as Thefe were of Four the proper Servi were. Sorts, l. Such as fold thcmfclvcs for a Livelihood. i. Debtors that were to be fold for being incapaCotfeti,

who perform'd

fices for their

Court, &>c. Sometimes it was called Servitium liberum armorum, as in an old Rental of the Manor of South Making in Sujfex, mentioned by Mr. Somner, in his Treatifc of Gavelkin I, fol. 56. vizin

Godefridus fVallenfts tenet 3 feodos militit in tenementis Mailing &P auartam partem unius fetdi apud Terri-

pay their Debts. 3. Captives in War, re- ny per libcrum fervitium armorum futrum. Wild and employ'das pcrfc& Slaves. 4. Nativi, lielmus de Branfa tenuit apud Adburton unum feodum fuch as were born Servants, and by fuch Defccnt militis per ftmile fervitium. *>ermtium ferranDi, The Service of flioing belonged to the fole Property of the Lord. All thefe had their Pcrfons, their Children, and Horfcs. See Palfrey. fiUTbifiuni their Goods, at the Difpofal of their Lord, incakicjalP, Royal Service, or the pable of making any Wills, or giving away any Rights and Prerogatives that within fuch a Manor belong to the King, if Lord of it, which Matter. &crbtCf, Servitium, Is that Service which the were generally reckoned to be thefe Six, 1. PowTenant, by reafon of his Fee, owcth unto his er of Judicature in Matters of Property. 2. PowLord. Hotoman thus defines it. Servitium efl mu- er of Life and Death in Felonies and Murders. nus obfeauil clientelaris, Dc verbis Feudal. It is 3. A Right to Waifs and Strays. 4. AfleflTmcnts. foinctime called Servant, as 1 R. cap. 6. Our an- 5. Minting of Money. 6. Alhze of Bread, Beer, cient Law Books make many Divisions of it, as Weights and Mcafures. All thefe entire PriviAnd Britton, cap. 66. into leges were annex'd to fome Manors in their BraBon, lib. 2. cap. 16. Perfonal and Real, alib into Military and Bale, Grant from the King, and were fomctimes con and BraBon, ubi fupra, num. 7. into intrinfick and vey'd in the Charters of Donation to religious extrinfick. Servitium intrinfecum is due to the Capi- Houfes. Ecclefia SanBi Georgii data futt tal Lord of the Manor Forinfecum is that which Fratribui Ofen. 8p habet ibidem vifum Francipltis due to the King, and not to the Capital Lord. Paroch. Antiquit. gii fif totum Regale fervitium. Service is alfo divided into Frank and Bate, the p. 60. one termed liberum fervitium, the other Vtllenagi)frbi SEeffamentalW Were thofc which we um. It is alfo divided into continual or annual, now.call Covenant Servants They nrc mention'd and cafual or accidental the former is the Sei- in the Laws of King Athelfian, c. 34. Et fecundum finofRcnt, the other Seifin of Relief. Co. 4. diBionem, Gp per menfuram fuam convenit, ut Servi See Copyhold. See So- Tcftamentales operentur fuper omnem fchiram cut pr*Bevill's Cafe. Rep. fol. 9. Thomas Leigh Efq; at the Coronation of efi A minus. cage. i>erbiftisi Srqutefanoie Is a Writ Judicial, King Charles the Second, brought up to the King's Table a Mcfs of Potngc called Di/logrout, that lies for one diitraincd for Services to A. who which Service had been adjudged him by the owes and performs to B. for the Acquittal of Court of Claims in Right of the Manor of Adding- fuch Services. Reg. of Writs Juiic. ft!. 27. a.
ble to
tain

&

whereupon the Lord High Chamberlain prcfented him to the King, who accepted the Service, and afterwards Knighted
ton

in

Surrey

',6.b.

>frbitOJitim,
in Fletit,
las
lib.

Cheft

Tis
ad

2. cap. 73. par.

called Servorium 20. Cifias vel areas vel

uter.fi.lia

him.

alia Servitoria I'rite habeat

fua Sp

rectl-

&<Tuke
ly Service, cal.

fecular,

Anno
to

contrary

Ed. 4. cap. 1. Is worldSpiritual and Eccleflafti1

fuas fdeliter fervandas.

&eru(enttbli0 Are certain Writs touching Servants and their Matters, violating the Statutes made againft their Abufcs, which fee in Reg. 0rig.f. 189, 190, 191. >rruirium feoo.ilP n.seSialr Was not a perfonal Service, but only by reafon of the Lands which were held in Fee. BraBon, lib. 2. cap. 16".
par. 7.

Servants or i>Pruir(U nf UriiHa Are fuch Meflengcrs of the Marfhal belonging to the King's Bench, as wero fent abroad with Bills or Writs to fummon Men to that Court ; they arc

now more * * *3-

ordinarily called Tipfiaves.

Anno
I

..

till it be prorogued or diflblvcd. Sec 4 par. Infl was called Forinfecum and Foraneum, oc- fol. 27. Seffw Parliament! is the Sitting of the Pareanic it was done Foris, vel extra Servitium tjuod liament. in We read fcvcral Grants in S>f(TtOnff, Sefftones, Is a Sitting of Jufticcs ft Domino Capital!. the Monajlic. 2 Tom. p. 48. of all Liberties with Court upon Commiffion, as the Sefftor.s of Oyer the Appurtenances, falvo forerjt fcrvitio. and Terminer. PI. Cor. fol. 67. Quarter-Sejfiens, feermtlUm gCUt'tak, the fame with Forinfe- othcrwife called the General Sefpons, 5 Eliz. 4. or arc Efpecial, cum. Open Sefftons, ibid. Oppofitc whereto

>(Tu!fUini 5f0iinfri um Was a Service which did not belong to the Chief Lord, but to the
,

jfcfflfiir, {Anno 25 Ed. 3. c. 6.) Seems the alTeffing or rating of Wages. JSH'ITton Of $>arliamrnf, The palling by giving the Royal Affent thereto, doth a Seffton ; but the SeJJion of Parliament

to ugnify

not make continues

any

Bills,

King

It

4.

other.

S
othcrwife

SH

called Privy Sefions, which are procuSectary, Sextarius, Was an ancient Mcafure, red upon fome fpecial Occafion, for the more containing about our Pint and a Half (according to our Latin The Town of Lekefler Ju(i. Cromp. Dictionary.) Difpatch of Juftice. fpecdy no. What Things be inquirablc paid among other Things to the King yearly, Peace,
f. of in Sejfions, fee ibid.

Petit Sefftons or Statute Twenty-five Meafures called Sextaries of f. 109. Honey, arc kept by the High Conltable of every as we read in Domefday. And in Clauf. 4 E. 3. m. 26. find Trefdecem fextarios vini. Et uHundred for the placing of Servants, j El. 4. See num fextarium falls apud Wa'wfete, Mon. Statute Sejfions. Angl. 2. Are mentioned in the Statute par. fol. 849. b. Decern Mittas brafii, quatuor
Sejfions,

We

Avena ad prtbendam. Idem. 1 par. fol. made Anno 27 H 8. c. 15. which fee. 136. b. where it feems to have been ufed for a ^'fuarium, The Mouth of the River much &etena greater Quantity. A of Ale conSextarios
Dee.

jS>t-t

CiOtheS

SettoflT,

Valeriana, Is

a medicinal

Herb

the

Nature and divers Kinds whereof you have in The Root of Gerard's Herbal, lib. 2. cap. 424. this is mentioned among Drugs to be garbled.
1

Jac. 10.

Sebantlp toobrn, That

Woven.

is,

well and honeftly

Is

Anm

<>eberal

35 El. c. 10. 3^ a ''> Tallium

feparatum,

that

whereby Land is given and entailed fever ally to Edmundi, MS. f. 321. S;)*cfef Is a Cuftom in Norfolk to have ComTwo. For Example, Land is given to Two Men and their Wives, and to the Heirs of their Bodies mon for Hogs from the End of Harveft till Seedthe Donees have joint Eftate for their time, in all Mens Grounds without Contradiction. begotten
;

Sec Tolfefier. Sevterp gating (mentioned in the firft Part of the Baronage of England, f. 324.) are Lands given to a Church or religious Houfe, for Maintenance of the Sexton or Sacriltan. ScylO;unuJ, Due Time or Seafon. Tenenles tcrram in campis S. Edmundi debent unatn rtdam antra debet arari medietas ad feyfonem yemahm &P alia medietas ad feyfonem Cartular. S. sfiivalem.
;

tained xvi Lagenas.

Sextary

and yet they have feveral Inheritance, Co. 7. Rep. fol. 5. Corbet's Cafe : And in that becaufe the Iffue of the one fhall have his Country, To go at Shacke, is as much as to go at Moiety, and the Iffue of the other the other large. S)!tatneFae, ScamelU, Shambles, or Stalls t*> Moiety. general 2?trtariC}>, Tenura feparalis, Is a Plea fell Meat, &>c. Prior de Tynemuth habet mercatum habet ibidem tumberellum, S'hamelor Exception taken to a Writ that is laid againft apud Ttnemute Two as Joint, which are feveral. Broke, Tit. Se- las conduBivas ad carnifices alios, capit ibidem emendas tanis Placit. Pail. 18 veral Tenancy, fol. 273. cervifia. J Ed. 1. >eberan\.e Is the Angling or fevering of Two, or more, that arc joined in one Writ. For ExSl)anfee. See Fur. Sec Flotzon. if Two join in a Writ de Ubertate probanda, S)ljare0. ample, and the one afterward be Nonfuit, here Severance Sharp ng Co^n Is a cuftomary Gift of Corn, fo that notwithstanding the Non- which, at every Chriflmas, the Farmers in fome is permitted ; fuit of the one, the other may feverally proceed, Parts of England give to their Smith, for fbarpF. N. B. fol. 78. and Bro. Tit. Severance and Sum- ning their Plough-Irons, Harrow-tines, and fuch mons, fol. 238. There is alfo Severance of the Te- like, and exceeds not half a Bufhel for a Ploughnants in an Aflize, when as One or Two, or more Land. StyatfCtfo. Difleifors, appear upon the Writ, and not the Etfi le tenant ne veigne, ou fi il

Two Lives,

&

&

&

&

And Seve- veigne &> fache riens Dire, adonc/ues Judgment fera que Other. New Booh of Entries, fol. 81. And Severance in le dit recovera les tenements quitement a touze jours, Ibid. fol. 95. rance in Attaints. Debt, where two, or more, Executors are named felonque le Judgment appelle Shatford per Cuftome de MS. dez Cuftomes de Court de Hultings Plaintiffs, and the one refufes to profecutc. Ibid. la Citie. 220. Severance of Corn is the cutting and en Londres. Tit. Gavelet, fol. the Ground, and fometimes S'-iatn, A Grove of Trees, or a Wood. 1 Inft. carrying it off from the Setting out the Tithe from the reft of the fol. 4. b. Corn , is called Severance. See Cro. Rep. 2. par. fol. SiaUKllDjefl : This is a Word unknown to Mr. 2 2 J. There is alio Severance in Quare Impedit. Co. Somner, who could not tell what it was, unlefs Chevaliers, which may agree with the SignificatiRep- 5. f 97SetXiarP, One who guards the Sea-Coafts 'Tis on, but not with the Sound of the Word, for 'tis a Saxon Word; for Stweard in Sax. fignifies Cuflos more like Soldiers than Chevaliers. 'Tis mentioned
:

in Knighton, Anno 1318. Cumque in partes ScotU veI&etrer, Severa and fewera, Etfoffa in locis Palu- niffet, inculcavit eos Dominus Gilbertus de Middleton ducia ad aquas ejiciendas, &c. eos de omPaffage or miles cum aliis elegantibus Shawaidris firibus Gutter to carry Water into the Sea, or a River. nibus fuis fpoliarunt. See Toliatis. 6 H. 6. cap. 5. and 12 Car. 2. cap. 6. And CcmSljeppeij. Sewers are fuch as by Authority unSneaDing, A Riding, Tithing, or Divifion in miffioners of der the Great Seal, fee Drains and Ditches well the IJle of Man, where the whole" Illand is divi-

Maris.

&

in marfhy and fenny Coun- ded into SixSheadings, in each of which there is a kept and maintained tries, for the better Conveyance of the Water Coroner or chief Conftable appointed by Delivery into the Sea. and preierving Grafs upon the of a Rod at the Ttnewajd Court, or annual ConLand for the feeding of Cattel. See the Statutes vention. See Mr. King's Defcription of the Ifle of and 17 Car. 2. cap. n. touch- Man, p. 17. 15 Car. 2. cap. 17. the great Level in the Fens Sherbet Is a compound Drink, lately brought ing the Draining called Bedford Level, and the Authority of the into England from Turkey and Perfia ; and is made Governor, Bailiff, &c. as Commifftor.ers of Sew- of Juice of Lemons, Sugar, and other Ingredients. Another Sort of it is made of Violet.--, Honey, ers. Sherbet in the Perfian Juice of Raifins, &V. ^eragefinia. See Septuagefima.

Tongue

S
Tongue
cap. II.

H
Liquor.
15 Car.
2.
Schir.;,

SH
id eft, Prtvinti*

fignifics

plcafant

indkabantur.

Brompton,

pag. 956.

ifcljerffcc, So the Body of Jiff in South-Wales is called,

Authority) Anno 11 R. 1. cap. 10, t> 1 1. Shcrifwikcs. Anno mentioned Anno 19 H. 7. cap. 17. The King granted to RUhard 13 E'.c. 22. >!ltTmWlO. Earl of Amndel, a certain Rent in Surrey and &\)irt-2S)m, or filcfVOflpan, Was anciently Suffix called Sherringtld, to the yearly Value of Judge of the County, by whom Trials for Land, 14/. 191. id. Rot. Pari. 50 Ed. 3. I believe mif- &c. were determined before the Conqucft. Lamb. written for Sbiriff geld, a Rent formerly paid to Peramb. p. 442. or by theShcriti"; for it is there defircd, that the &ljirr -more See thin and Turn. Sheriff in his Account may be difebarged thereStlirif or Sljeref, {Vicecomes) quaff. Sbire-reve
It is
;

the Lord/hip of CarIs he that >l)ii'f Clcrft keeps the Countyexcluding the Mem- Court ; his Office is fo incident to the Shethat the King cannot grant it. bers of it. Po<wel'ti Hift. of Wales, 123. riff, Mitton't S)l)Crm.H10 Craft Is an Art ufed at Norwich ; Cafe, 4 Rep, the Artificers whereof do Sheer as well Worfteadi, &>()irertocU)eke of 5llincl)rfrer an!) of edex, Stamins, and Fuftins, as all other woollen Cloth. (the Compafs or Extent of a Sheriff's

Sax. Scire- geretba, i.e. Pagi vel Comitatus Pr*pfitns, S>I]Clmnq Is to be quit of Attachments in any or rather from the Sax. Scyrian, i. e. to divide ; Court, and before whomfocver in Plaints jhewed, this Officer being fo called from the firft Divifion of the Kingdom into fevcral Parts, and he is now and not avowed. Sec Scavage. S)f)ielD, from the Sax. Scyldan, to cover, or the chief Officer under the King in every Shire. from the Greek aiviho:, a Skin, becaufe ancient- Camd. in his Britannia, fol. 104. thus defcribes his
of.

ly Shields

were made with Skins.

(Sax.
Sailing)

Office.

5)1)1 Iling,

among our

Englifh

fit

Saxons, confided but of Five Pence, Si in capillis vulnus longitudinis twins Unci* V. denarii s, i. C.

Singulis tur, quern Vxecomitem,

unofolido, componatur.

terwards

for in Dor-:eJ'day, we read, Thatr tale mancrium reddit 10, 20 vel 30 libras denarkrum, But the Penny in thofe Days was de 20 in era. equal in Weight to our Three Pence, fo that a

Twenty Norman Invafion;

LL. H. 1. cap. 39. But afconfided of Sixteen, and often of Pence. This was about the Time of the
it

&

vero annis, Nohilis aliquis ex incclis prafidquafi Yicarium Comitis, noftra lingua Shyref, i. e. Comitatus Pr*pofftum, vocamus : Qui etiam Comitatus vel Provincia Qut-

ftor

reBe did potefi. Ejus enim eft publicas pecunias Provincia fu* conauirere, mulffas irrogatas vel pignoribus ablatis cottigere, Qfi arario inferre,

was worth Fifteen now ; Illud enim aliam fuiffe rationem folidorum ttate JElfrii denarii faciebant quant nofir a ; nam per ea tempora 30 fix folidos, noflra vero duos tantum ; but in the Reign a Shilling was of the of William the
Shilling then
licet

Judkibus prtfto eorum mandata exequi, duodecim virus adeffe cogere, qui in caufis de faffo cognofcunt, & ad Judices referunt, {Judices enim apud nos Juris folum, non FaBi

&

fcire

funt Judices) condemnatos ad fupplicium ducere, minor thus litibus ccgnoffcre, in majoribus
cunt
Jufticiarii, quos

&

in
di-

autemjus

Itinerantes

ad

Affifas vocant,

Comitatus bis adeunt, ut de Conqueror, Caufis fame Value as now. cognofcant, QP carceratis Sententiam ferant. Henricus in fecundus hos Itinerantes vel potius i5()tltotte Eft emenda pro tranfgrefftone faBa inftituit, reftituit. Ille Nativam, earn impregnanio. MS. de Monaft. Ra- {ut inquit Matth. Parif.) confilio filii fui Of Epifcoporum conftituit Jufiiciarios, per fix partes Regni, in dingise penes Tho. Wollafcot, Arm. fel)ip*93oncp Was an ancient Impofition that quaUbet parte ires, qui jurarent, quod cuilibet jus fuum
qui quotannis hos

had lain dormant many Years, and was charged upon the Ports. Towns, Cities, Boroughs and Counties of this Realm ; which was revived by King Charles the Firft, in 1635, and 1636. and by Stat. 17 Car. 1. cap. 14. was declared to be contrary to the Laws and Statutes of this Realm, the Petition of Right, Liberty of the Subjcft,
&>c.
tter

confervarent iUitfum.

Of the
read

Antiquity and Authority of this Officer,

Coke's Rep. I. 4. Mitton's Cafe, and Spelman's Gliffarium, verb. Vicecomes. Shiriff was anci-

The

&f)ipper Is a Hutch Word, fignifying the of a Ship. Anno 1 Jac. Seff. 1. cap. 33.
fay Skipper, and ufe
it

Ma-

ently chofen in the County-Court, by the Suffrages of the People, as Knights of Parliament yet are, but is now nominated by the King. See Fortefcu,

We

cap.

24.

fol.

53.

Vicem Comitis fupplet

Scaccarii.

commonly
Seaman.
ifehire
i.

for

any common fun

Vicecomes dicitur, quod in placitis Hits quibut Comes ex

dignitatis ratione participat cum Rege.

The Form of

Niger

lib.

his

Oath, fee in the

the Shire, or Tenure by the Service or Duty ftanda vel perfidenda. The Affifes of the Aflembly of the People of a County, was Entertainment for the Sheriff at his This Divifion or Courts. In Dcrbyfiiire the King's called Scirgemot by the Saxons. made by King Alfred was in satrapias, which we ently took 6 d. of every Bovate

{Comitatus) From the Saxon Scir, or Reg. of Writs, f. 531.*. to part or divide) is well known to be &l)irifaitj>, {Anno nCar.i. cap. 21.) The Time a Part or Portion of this Land, called alfo a of one's being Sheriff. :>Iliriff>tOorli, (contracted into Ststtb) Per ShiCounty. King Alfred firft divided this Land into Shires, and thofc again into Hundreds and Ti- rif-tooth, Johannes Stanley Ar. clamat habere, de quotling* ; of which Shires there are in England Forty, libet tenente infra feodum de Aldford, unum denarium and in Wales Twelve. In privilegiorum Chartis ubi &> quadrantem per annum, exceptis Dominicis terris conceditur quietum cfle a Shiris, intelligendum eft de propriis & terra in feodo Of Mar.erio prtdiBo Maner. Rot. Plac. in Itin. a immunitate, qua quis eximitur a Sella vel lientela &* Hundred, de Macclesfield. Cur ii 1 Vicecomitum {quas etiam Shiras vacant) pr*,- pud Ccftriam. 14 H. 7. Per Sberif-tooth, feems a
Scyre,
e.
1

of providing
County-turns
Bailiffs anci-

of

Land

in

now
.

call Shires

in Centurias,

jdreds, and in Decanias, The old Latin Word was Scyra,

which we call Hunwhich we call Tubings:

Name

of

Sheriff- tooth.

Rylcy'/

Placit.

Parliam.

fol.

653.

Qua

Lege olim 0B0

Ecc

fjoc

SI
it

S
S>iclj,

or put gijOfCarf, Schoccare, To fliock Corn, into Shock. Inter antiquas confuetudines Abbat'u

Sicbetum

Water, that

ufes to

de

SanBo Edmundo

in

villa

de

Herdewyck

duos ftkettos, &.

Sikettus, A little Current of be dry in the Summer. Inter Mon. Ang. 2. par. f. 426. Alfo a

&

frumenti Operarius metet unam &" quantum metet tantum ligabit &> fhoccabit, fed Ex Cartular. S. Edmundi. MS. fol. non cariabit.

acram

321.
iI)Cf .

See

Polein.

Water-furrow or Gutter. j&idja, the fame with Sica. S>icl)etUP, the fame with Sica. &tclU0 Was a Sort of Money current among the old Englifh, of the Value of Two-pence We
:

t>l)0y, shopa,

Omnibus, V. Johannes Horfcrct

;

read

de

Hereford Bochour falutem

dediffe, &>c.

Noveritis

me

Johannem cum yard, unam fhopam

Rogcro Smith
pertin. fuis in

pr&fatitm de Brome-

in Egbert, in Dialogo de Ecclefiaflka inflitutione, pag. 9S. viz. That if any of the Brotherhood did, contrary to the Canons, receive a
it

Monk

who

in le Market-place, pradiB. fituat. See Selda. 17 Feb. 9 E. 4.

ibidem

Bromeyard, &c. Dat.

to IWilllg and 20O2lmg Seem to be Words Fells of Sheep; Sborling fignifying the diftinguifh Fells after the Fleeces are Jhorn off, and Marling, alias Mortling, the Fells ncad off after they be E. 4. .'I. 4E.4. c. 3. 12 .4. killed, or die alone. 5 of 14 E. 4. 3. Howbeit in fome Parts 5. and understand by a Sborling, a Sheep England they whole Fleece is jhorn off; and by a Mortling, a See Morling. Sheep that dies. Anno 1335. Adjudicatum fuit Decano <)t)0tf02i\

the Cloiiter, fine Uteris patificis, &>c. he was to pay Thirty Siclos, Fifteen to the Bifhop, and the other Fifteen to the Abbot, whofe Monk he fb received without the Leave of the Prior. i&'CUt ft(ia0 Is a fecond Writ lent out, where the firft was not executed. Co. lib. 4. fol. 85. It takes Name from thofe Words in it. As for Example, Carolus Secundus Dei Gratia, &V. Vieecom. Midd. falutem. Frdcipimus tibi (ficut alias pracepimus) quod non omittas, &V. and fo as in the Capias. Lambard in his TraB of Pro.ejfes, in the End of his
left

Eirenarcha.

Sp Capituh

beati

Fetri

Exonienfis
civitatis

<a>i?cmen, alias iUPf?men, Be thofe that are quoddam tenemen- yearly chofen, according to the Cuftom of every
Parifh, to
affift

cundum confuetudinem

the Churchwardens in the Inquito the OrdinaSee Izacke's Antiq. of Exeter, pag. 48. ry, as arc punifhablc in the Court Chrifiian. Shortford The ancient Cuftom of this City is, when the Sy nodules tefles. Meers or Balks betwixt i>il>linui, Sidelines. Chief Lord in Fee cannot be anfwered of the Rent due to him out of his Tenement, and no or on the Sides of arable Ridges or Lands. the Cum libertate faid* & pafiur* Qp fuarii in SythlinDiftrefs can be there levied for the fame, omnibus locis. Mon. Angl. Vol. mutt come to the Tenement, and there take gis, (Sidlingis) Lord a Stone, or fome other dead Thing of the faid Notum fit omnibus Chriftianis, jfehjllftim, Tenement, and bringitbefore the Mayor and Baihe do Seven Quarter-Days quod ego Johannes de Grefley non habui potefiatem Siliffs ; and thus muft And if on gilli mei per unum annum integrum ultimo praterithis is called a Glebe. fucccflively; and the faid Seventh Quarter Day the Lord be not turn, jam notifico, in bona memoria &P fana mente, fatisficd of his Rent and Arrears, then the faid quod fcripta Sigillata Sigillo meo contradict Qt> denego Tenement (hall be adjudged to the faid Lord to in omnibus a tempore prttdiBo ufjue in diem refiaurahold the fame a Year ard a Day ; and this is cal- tionis Sigilli pr&diBi. In cujus ret tefiimonium Sigilled Gavelock. And then forthwith Proclamation lum Decanatus de Repingdon appofui. Tefiibus Domiin the Court, That if any no Thoma Stafford milite. fohanne Arden, OPe. Dat. fhall be openly made Man pretends any Title to the faid Tenement, apud Drakelcw, 18 Rich. 2. See Seal and next Tabellion. that he appear within the Year and Day then Before the Time of William the Conqueror, the and latisfy the Lord of the faid Rent following, and Arrears ; but if no Appearance be made, and Englijh did not feal with Wax, but they ufually the Rent not paid, then fhall the Lord come a- made a golden Croft on the Parchment, and the faid Court, and pray, that accord- fometimes an ImprcfTion on a Piece of Lead, gain to to the faid Cuftom, the faid Tenement be which hanged to the Grant with a firing of Silk ; ing to him in his Demefne as of Fee, ac- and this was held a fufficient Confirmation of the
tttm fcituatum in vico auflrali civitatis Exonienfis fe&P dicitur

pradiB*,

ry

and Prefenting fuch Offenders

&

adjudged of the cording to the Intention

Law

in fuch like

called le ceffavit per biCafes, which is commonly ennium. And this Cuftom here is called Shortford, and in French, Foreclofe; and fo the Lord fhall have from thenceforth the faid Tenement, with

without Signing, or any WitnefTes. us, That Chirograpborum ccnfeBionem Anglicanam, qu* antea ufque ad Edtoardi
it felf,

Grant

Ingulphus, pag. 901. tells

the Appurtenances, in Fee to

him

forever. &!'0f,

Regis tempora fidelium prsfentium fubf ripticnibus cum crucibus aureis aliif que facris fignaculis firma fuerunt ; and his Heirs Normanni condemnantes Chirograpba cbartas voeabant Qt> chartarum firmitates cum cerea impreffione per uni_

the Saxon Sceat, fignifying Pecu- ufcujufque fpeciale figillum/6 in/lillatione trium aut niam aut VeBigal. See Lambarfs Explication of quatuor teftium afiantium conficere confiituebant. The Colour of the Wax with which the King's Saxon Word-,' verb. Primitia. It is (till ufed a Alchoufe- Keepers and Vintners ; as to pay Grants were fealed, was ufually green, to fignify mong the Shot, is to pay the Money due for the Reck- Rem in perpetuo vigore permanfuram, and the Impreffion in Lay-Men's Seals was, a Man on Horfeoning. e. pax 8c Concordia. Spelm. de back with a Sword in his Hand, till the Year ja>ib$ 2>0m, i. 1218. and then they began to engrave their Concil. 1. Tom.f. 519. a Ditch : From the Sax. Sic, lacuna. Coats of Arms on their Seals ; only the Archbi<3j)ica, 'Tis mentioned in the Monafiicon, 2 Tom. pag. fhops and Bifhops by a Decree of Cardinal Otto, viz. Ad locum ubi Cambec cadit in Irthin &> who was Legate herein the Year 1237. were to 1

From

ad Sicam que furfum per Cambec ufque gra quercu.

30,

defcendit de ni-

have
gii,

&

Sigillum, puta nomen dignitatis, officii, feu colleetiam illorum proprium nomen, qui dignitatis

Ml

gaudent honore, infatlptum notis &P Lent,') Bread made into a Simnel Jhall weigh TweStat. 51 H. }. See ; ftcque figilluni authenticum Shillings left than WafteU bread. Cocket. It was Sometimes called Simnellui, as in From the Sax. Seget, velum. In the Annals of the Church of Wincbefttr, under >iflla, a Sail the Laws of King Etbelred, made at Wantage, cap. the Year 1042. Rex Edwardus S carta inftituit venit una navicula, unui obo- confrmavit, ut quoties 'tpfe vel 24. Ad Billing/gate
vel
officii

perpetui

charaHeribus manifeps babeatur.

:

a Writ di Excommunicato capien- Simcncl vulgo vocatur. out of the Chancers upon a Cer4>imonj>, Simonia, Venditio rei facr*, fb called the Ordinary, of a Man that from Simon Magus : It was agreed by all the Juthe Space ftices, Trin. 8 Jac. That it the Patron prefent Hands obftinately excommunicate, by him up in Prifon any Perfon to a Benefice with Cure, for Money, of Forty Days, for the laying without Bail or Mainprise, until he fubmit him- that fuch Prefentation, Sfc. is void, though the And it is fo Prcfentec were not privy to it ; and the Statute felf to the Authority of the Church. called, becaufe the Word Signifcavit isanempha- gives the Prefentation to the King. Co. 12 Rep. tical Word in the Writ. There is alfo another fol. 74. Simony may be by Compact between Writ in the Rcgijler, f. 7. direfted to the Juftices Strangers, without the Privity of the Incumbent of the Bench, commanding them to ftay any Suit or Patron. Cro. 1 par. fol. 331. Bawderoke't Cafe. depending between fuch and fuch, by rcafon of Hub. Rep. fol. 16" 5. Noy's Rep. f. 22. PafcaUi Cafe, any Excommunication allcdgcd again ll the and 3 Inft. fol, I 53. Some Authors mention SimoPlaintiff, becaufe the Sentence of the Ordinary niacum per munus triplex, and tell us of a Perfon that did excommunicate him, is appealed from, who took off the Cap of Grofulan, an Archbifbop and the Appeal yet depends undecided. Sec F. N. B. of Milan, and making it, told the People. Ifie De excommunicato capiendo, fol. 62, 66, where Grofulanus qui eft fub ifta cappa (&P non de alio dico) you may find Writs of this Name in other efi Simoniacus, Sfc. per muntis a manu, i. e. by Cafes. Bribery, per munus a lingua, i. e. by Favour and <$>ignuni, A Crofs prefix! to the Name of a Flattery, per munus ah obfequio, i. e. by a fordid fubferibing Witnefs, as a fign of Affent and Ap- fubjecting himfelf to the Patron. A Deed to a Charter, or other Deed, commonCbarta fimplex, 2>implejr. of our firft Poll, or Single Deed frobation Richardus Mayben de y ufed among the Saxons, and fome Normans, before the common Ufc of either affix- Sutton p er Chartam fimpliccm buic indenture indenwhen Subscriptions tatam, dedit, Sfc. Dat. 22 Edw. 3. Jufliciariui ed or appending Seals ;
jS&igmfn.Uiit
Is

rum Regum Angli* diadema pertaret Wintoniat vel &>c. Wigornia vel Wcftmonaftcrii Pracentor loci rectpiit Signet Is one of the King's Seals, wherewith de ffco ipfa die dimidiam mar cam, e> Conventus cenhis private Letters are fealcd, and is always in tum Simncllos fc> unum medium vini. But indeed the Cuftody of the King's Secretaries And there the true Reading is SimineUos. The EnglifhJiwarc Four Clerks of the Signet-Office always attend- nel was the purcft white Bread, as in the Book of Battel Abbey. Panem regit men/a 2 Infi.f. 556. ing. apt urn, qui
Uis thelonii dabitur,fi

fi

aliquii Succejforum [ho.

major &habet

figlus,

denarius,

do, which iffueth tificate given by

were in this Form ~\- Signum Roberti -\- Signum Nigelli de Oily, Sfc. fame with Sica. JcJlfeCttUiS, the
S>llCl)fffer.

Epifiopi Line.

See Vindonum.

antiently ufed for any Judge Chief in either Court. There is a Writ I regiftred, beginning thus, John Wood, a fimplc Judge of the Court of Common Pleas,

was Simplex, that was not

S>ilentiariU* Is one of the Privy Council, for &C. Raminor Dignity in S>iinp[ejt "JlBcnefTrium, ftlentium formerly Signified Conventus privatus. de Diceto, and Matt. Parif. anno 1 1 72. arc a Cathedral or Collegiate Church, a Sine-Cure, dulfus taken in this Scnfc, Frria ante pafha in <jua folet a PenSion out of a Parochial Church, or any oabfolvtre vel excommunicare, quibufdam ther EccleSiaftical Benefice oppofed to a Cure of

papa publice Domini pap*

,

ferentibus

Regem am.

filentiariis ad aures nunciorum Regis pri- Souls, and which therefore was confiftent with devenit, quod papa eodem die de^reverat in any Parochial Cure, without coming under the or Cenfure of Pluralities. AnglU nomina, Sfc. ir.terdifo ferre fententiSimpler JuffinaritlF, This Stile was anciently

Name

Is a Pound weight ; 'tis miftaken in ifeilitia Brompton for Salma, who mentions a filken Tent fo large that 200 Soldiers might dine in it: Et 60 millia Silinas de frumento fiP totidem de hordeo. Ho-

ufed for any puifne Judge, that was not Chief in any Court. There is a Writ regiftred beginning / John Wood, a Simple Judge of the thus

Common

Pleas,

&c.

vedon mentions
Salmas.

Solinas de frumento,

which muft be

Simula, A Manchct, a white Loaf. the Cuftoms of the Abbey of Glajlonbury.

Sf vinum ad caritatem, Sf
lar.

Among

SnlkrfooVncr and ITlyotrffcr. Anno 14 Car. 2. twifts 15. Is a Trade or Myftery that winds, and fpins, or throws Sill; fo fitting it for UCe, who are incorporated by the faid Act ; wherein there
c.
i s

In diebus folennibus cum Fratres fuerunt in cappis, medonem habuerunt in jujlis, Sf fimulas fuper men/. tfam,
tria
f.

generalia. Cartu-

Abbat. Glafton.

MS.

10.

Mention

alfo of Silkwinders and Doubters,

which
2.

are

Members of the fame Trade.

See 20 Car,

tap. 6.

See Sylva ctdua: In &>i!urejB, South-Wales, or the Inhabitants of Confent of the Chapter, Convent and Fraternity ; Monmouth and Glamorgan- which Cafe his Succeffor Shall have this Writ Brecknock, Radnor,
&>llt)a CCoUa.
jhires.

&me affenfu capitali Is a Writ that lies where a Dean, Bifhop, Prebendary, Abbot, Prior, or Mailer of an Hofpital, aliens the Land holden in the Right of his Houfc, without the
F.

ifcimnflT,

Siminellus,

From the Latin

is Said to be in Signifies the fineft Part of the Flower ; Ra- given againft the Plaintiff, he It is mentioned clamore fuo : But when for the nis jimilageneus, Simnel Bread. tniferirordia pro falfo ftill in Ufe, especially in (Defendant, then it is faid, Eat inde fine die. AJfifa panis, (and is e e 2 >miSIrafoit,

fimila,

S1I1C Dlf ,

N. B.fol. 195. Without Day

When Judgment

is

which

SI
jSv.mffrafyf,

SM
:

To

walk on the Left Hand

Dex- Thicknefs

of Guineas, Crowns, &v. Then with

travit Arcbiepifopum Londinenfis Epifcopus, Siniftravit in fede fua folemniter eolheatm ,

Wintcnienfis
/>!

&

fie

eft.

Rad. de Diceto. Anno

notl
nintlPJC
Is

1195.

Writ of

Affbciation,

forcible Engines, called Cutters, winch anfwer exactly to the refpe&ive Size* or Dimenfions of the Money to be made, the round Pieces are cut out from the flat Bar as aforefaid ; after

whereby,

if all

in

the Day afligned, it of them, may finifh thcBufinefs. Sec Affociation, pag. 96. SBRarima or ^rarfcclla. and F. N. B- jol. 185. e> in. and Reg. Orig. fol. cfpecially given in Charge 102, zo6, &V.

Commiffion cannot meet at which, the Rcfiduc is called Siz'l, and is meltdown again. Vide Lowndcw is allowed, that Two or more ed upon Coin,
Effay
it

fhaped

was
in

by the

Jtifticcs

For Famofitas in Brompton. Eyre, that Is what we now call a Hundred. pifcantur cum >ueffccna
SlflOfira?,

all

Juries

Kiddeliis

&

mould enquire
Skarkallis.

de hii^qui Coke's 2 Fhrt

Leg.
Qf>

1.

cap. 6.

Comitatus in Anglia in Centurias

lies

lr.fi. fol.

38.
Is

But he
a

fcoes

not declare the

Mean-

Sipeflbcna diftinguuntur. &I 18etoqnotcanr Is a Writ that

ing of
for a Cre-

it.

<>fcau.i

Word mentioned

in the Statute

ditor againft his Debtor, for Money numbrcd, that hath, before the Shcriffin the County-Court, owe his Creditor fuch a acknowledged himfclf to Sum received of him in pecuniis numeratis. The

made 4

E. 4. cap. 1. Ssktietts, A little Bell.

tetlo
Ecclefi.t

Imponentts

novam

&

navim
pro

pro vttufta

veteri turri Ecclefia

qua ccmbufla fuerat, humile campanile, & duas

de Sar.fio Botolfo no-

Form of which Writ

miti falutem Prac.
tibi

is

this

Rex Vheco- Skelettas, quas Fergus JErarius

A. recognofcat fe debere bis nuper contulerat, imponentes. Hift. Ingulfi, pag. R. 40. {olid, fine ulteriori dilatione, tunc ipfum 101. Hence our Skillets, commonly made of ad pradiftum debitum eidem R. fine di- Bell-metal. Old Teuton. Scbel, Latin Sktlia. a difiringai Old Nat. Brev. fol. Bell. lation* reddendum. Tefte, &>c.
quod.fi

Stella. Sec SchiUa. HbkerOs Is that which we now call a Scar or Standing of any Place, the Situation of a Capital Houfe or Mef- Wound: Si ojfa extrahuntur a Capite &=Skcrda magor Part of a Country, as the na levetur, &V. Braft. lib. 3. cap. 24. fuage, a Territory, Site of the late diflblvcd Monaftery of, 8c. i. &kpuinage {Anno 27 H. 6. cap. 2.) Signifies The Word is mention- the PrccinSs of Calais. the Place where it flood A long flat Piece or Slip of ed in the Statute 52 H..8. cap. 20. and 22 Car. i&laof, Sax. SUd. Dedi fi- Ground. Pratum vocatum le Slade, from the there written Scite, 2. cap. 11. and is tum loci in quo domus fua fita eji. Mon. Ang. 2 par. long and narrow Form of it. Paraih. Antiq. pag. fol. 278. 465. Slade-furhng, ib. 537. See Kennet's Gloffary SutlicunOttian. Such a Gentleman as had the in the Word Slade. E 3>lippa, A Stirrup, Stapes. Manerium de Hotutt. Office to lead the Men of a Town or Parifli. Vir militaris. Spelm. com. Camb. tenetur per fervitium teneffdi flippam fell* clajfe nobilium erat, fays Somner. In Sax. Sithcundman ngnifies pr*pofitus paganus, or Domini Regis dum tquum fuum in ca/lro ft-.o Carleoli Cart. 5 H. 7. a Man who had fo much Land that he might be fcanderit of Knights Service. Si hamo Sithecundus S>lougl>filber, {Pat. 43 Efiz. pag. n.) A cercapable Unarms fuperfedeat expeditioncm emendet 1 20 fol CP tain Rent paid to the Caftle of Wigmore, and Leg. In*, cap. 56". Even is in Lieu of certain Days Work in Harveft, perdat terram fuam. the learned Salman miftakes the Derivation and heretofore referved to the Lord from his Teproper Meaning of this Word, which is truly nants. from Sax. fttbe, gefithe, a Divifion of a Shire or ^Mufagium. Sec Exclufagium. ;>Ulfr , Exdufa, Is a Frame to keep or let WaCounty, a Riding, Lath, Rape, or Hundred. For Dugdale in his Antiquities of Wartvichjbire, docs ter out of a Ground. obferve that the Hundreds of Knightlozv, Kineton, >ma&a, A fmall light Vcflel, a Smack. and Hemlingftrd, in 16 Hen. 2. were called Sithe- Naves quas bargas vacant, Sf galea propter vicfualia de Chinton, Sitbefoca de tranfmijft vi turbinum refolutx. perierurtt omnes foca de EnuchJelatva, Sithefica aliorum (onfracta fnt, ex quaSo as Sithfo undman, Sithcundman, etiam lmakse Regis Humliford. Chief Officer within rum materiis fecit Rex fuas longas naves tonfeere. Gefithcundman, was only the fuch a Divifion, the High Conftable of the Hun- Gaufredi Vinefauf. Rich. Re^is Iter. Hicrof. lib. Snaka is put dred. 5. cap. 4. where by a grols Error, gthflora, {Sax.) The Franchuc or Liberty of for Smaka. a certain Company of Men ; a Hundred. Rot. P. S>tlialt Is that of which Painters make blue Curia libera Colour. Anno 21 Jac. cap. 3. and Pat. 16 Feb. id Iq" Hen. 2. famctimes written Sipefoca. fac. in Italian Smalto. legalium hominum. Jjmioak farti)Wig, The Pentccoftals or cufto<S>ltOllia2U* Thetford in Norfolk. ^irhinCii Were Servants of the fame Nature mary Oblations offered by the difperfed Inhabiwith Rod-Knights, viz- bqund to attend their tants within a Diocefe, when rhey made their Lord where-cver he went, yet he was account- Proceflions to the Mother Cathedral Church, ed among the EngLilh Saxons, as liber homo, be- came by Degrees into a ftanding annual Rent, For iu the Year 1444. caufe he had Lands in Fee, fubiect only to fuch called Smoak-farthings. Tenure, Si baheat 5. hiAas eft Sixhindc. Leg. Iuas v William Alnfwyke, Bifliop of Lincoln, iflucd out And in the Laws of H. 1. cap. 76. his Commiffion, Ad levandum le. Smoak-farcap. 26. Semi alii eafu, alii genitura : Liberi alii Thyg- things alias diB. Lincoln-farthings a noftris Arch"t~ See Hindeni. diaconatus hindi, alii Sixhindi, alii Thyelfindi. fubditis ad utilitatem tror.oftri Leyceftria In the Fabrication of our milled Money, ftrji Matricis Ecclefi* Catb. Lincoln, fponfa noftra con<>i3el, the Gold or Silver is caft out of the melting Pot vertend. diSa Smoak-farthings concedtintur ad into long flat Bars, which Bars are drawn thro' conftru&lonem Campanilis Ecclefix- praber.dales S. a Mill, (wrought by a Horfc) to produce the juff Margareta Lei Reg. Will. Alncwyk Epifc. eftr* Line.
68.

&it or &citf,

Situs,

The

&

so
Line. MS. And about rhc Year 1470. John liito John Gilbert, (hop of Lincoln fene his Inunctions his I oiimiiHary-Gencral Doctor of Decrees, within the Archdeaconry of Orfcrd, and George Ward L. I.. B. to move the Curates or Parochial their antient Clergy, to advile their People of and lAudable Cultoin of Proccllions, and Oblalions to the Mother Cathedral Church at WhitNee non ad exigendum, petendum, }fontide. Ueardum Of colligendum ftc recipiendum omnei
I
|

so
\tantummodo ad culturam, & quorum exftodid Pf matittigia ad prpinquiores parenttt jure fanguinli pertinebit. Et Ji alir/uando indt jaHt cajpiatur homagmm, quod plmres comingit, neutamen habebit propter bo: Dorrtmm. e> maritag. non capitalis
cujlodiam Quia fc-ptr ftSkene de quitur bomagium, licet aliquandc fequatur. verbor. fignif. lays, Socage, is a Tenur* of Lan4, when a is infeorfed Scr* freely, without

Man

any

&

vice,
his

'Qn^ulrtL oblaticnei
l.r/.fj

litjufmodi, quadrantes

called Villenage And according to Btitttn, Soe*cum pertin. gium liberum eft, ubi fit fcrvitium in denarii s Dtrttims Neivfiede gfc in 'villa di Staplehirft in Com. Cant, tenetur de capitalibus, ftp nibl mdt tmnim ddtur 44 fueum e> This fret fotdgt is alfo called Manerio de Eaftgrccnwich per fidelitatem tanttwi in fervitium Regit. Anno 57 H. 8. eaj>. v>. Orhe/ Per. Pat. Dar. 3 Feb. 4 Edw. 6. common fo age. hbero fvatio. And by the payment of Snlofllt tilvCr to the Sheriff Divifions there are in our Books, <. BrsHtn, Notes for Lord fVto- lib. z. cap 8. num. 9. Old Nat. Bttv. >/. $4 and the Sum of S>* Pence. yearly There is Smoak-filvtr and others. But by (he Statute 1 1 Car. 1. cap. 24. tit 1628. t n't Orlice, to the Miniftcrs of divers Pa- Tenures (hall be adjudged and taken 10 be turttdi Smoak

Pentecojfales

8cc.

Ward, Rolicf or Marriage, and pays to Lord i'uch Duty as is called Petit Strjtdnty, There is fret focage, and baft focage, otherwifc

Stnock-farthings vulgariter nunrupatas.

JB> nO.ift'filtifr,

Tegmentum

paid in Lieu of Tithe-wood; into free And ctmmtn ftedgt. See KeWttfs Ohffary or it may, as in ninny Places at this Day, be a in So ate. This was a Tenure of fo larg* an V.%continued Payment of ihe Romefeot or Peter-pence. tent, that Littleton tells us, all the Lands in See CUmney- money. England, which were not held in Knight** SerfiMOJW. A iinooth Roll or Bottom of Silk or vice, were held in Socage. So that it Jeenw th Thread, from the Saxon Snod, a Fillet or Hair- Land was divided between ihefe ttto Tenures, lace with which Women fmooth up their Hair, and as they were of different Natures, fo th which in the North Part of England is now called Defcent of thefe Lands was in a different ManEt in cifa ner; for the Lands held in Knights Semce dflta Snude, and in Scotland a Snod. Snoden de Packthread empiis ibidem pro quodam reti iccnded 10 the el deft Son ; but thofc held in YiKtt. Paroch. cuniculis capiendis Antiq. no Socagio, equally among all rhe Sons; yet if faciendo pro there was but one Meffuage, the etdeft Sen P"g J74>r\0<.ttrtna, fillier. There was a Cuftom in the to have it, fo as the reft had the Value of that Village of Wylegh, that all the fervile Tenants Meffuage to be divided between rhem. Brail on,
rities,

penny paid and to be

fliould

pay for their Tenement a Duty called lib. 2. cop. 35, 3$. for each Tenement 1 den. 4>otmrtii!5, alias ^ttftfinanv, Socman**, Ami Snettering-Jiher, i. e. 18 fuch Tenants as hold their Lands and Tenements Placit. to "the Abbot of Colchejler. ob. Edw. I. by Socogt Tenure, of which there are feveral SOf, Soea, According to Mmjhvtv, is it Word Kinds, viz. Sokemartt of Fraflk-fcffDrc. Kitebitt, of JurifdiSion Ibid, and Srke* fol.il. Sokcmans of Bafe tenure. fignifying a Power or Liberty whence our Law-L<ff/ Word Soca, for a Seigni- mam of antient Dcmefne, which taft fisem ntoft with Liberty of properly to be called Sockmans. F. N. B, ory enfranchifed by the King, fol. 14. or Socagers, i. Britton, cap. 66. num. 2. Progtn'ttorts Siminit Bikeholding a Court of his Sockmen, his Tenants, whofe Tenure is hence called Socage, ley omnia fua in Houilm per liberum Sokagium tunc Skene de verbor. lnterp. fays, Soc is called Seffa de ter.cbdnt, & quieti eranf de Seifit Ctrriarum, Ctr.fut'
;

Lab. demamd'iS. S. bominibus fuis, in curia fecundum comfuitudincm Reg- tudinibus, exaHienibus And Braclon, lib. 3. traB. 2. Albani Tit. Hou&on, cap. t. Libert Soir<*fi>*r>ni ni. See nwre there cat. %. mentions divert Liberties, as Soc and Sa , pojfunt dare aut vendere, fed ad Vctuntdtim Domini antenatus fuccedit hr. totttm : averittm mafculum r.on Tell and Thean, Inj'angtbef & Utfangtbef, ifti
:
.

&

&

',

hahent t.ilem fihertatem, poffunt jttdUare in curia vendere filium non maritare, ttifi dar.t Domino 3 qui libertatem fuam,feifitut 4 d. E libro irro* filium omnirfo factre Clerkttm. fua eum qui inventus fuerit infra de alijuolatrociniomanif'fio. The fame Interpretation tulament. Ecclefi* Chrifti Canfuar. fol. irtLamhard gives it in hisTranflation of the Sax. Laws The Word Sokeman is found in the Statute (4 18 Ediu. t. See Braileif, For among the reft in tbofc of King Ina, (Leg. Wards and Relief.
; :

24.)
fani
laid,
:

be

And

Cyric focnum, in the Laws

rendered, De immun'ttate lib. l. of Henry the Firft it is 170.

cap.

35. n.

1.

Dngdale's JVar&kkfbire,

fet,

NnUus focnam habet irnpune peccandi, that is, Socmen, The Ceorls or Htfsb*ndn*crt among none hath Liberty of finning without Punifh- our Saxon Anccftors were of Two Sorts; one tha& menr. And in the fame Senfc it is ufed in Domef- hired the Lord's Outland or tenementary Land day, for in EJfex, under the Title of Terra Rcgeri like our Farmers ; the other that tilled and ma> Bigoti, it is thus recorded, Wefiunam tenet Hugo de nured his Inland or Demeans (fielding operant T. R. E. qui not cenfnm, Work, not Rent) and were rher*flof 'ere quod tenuerunt iv. liberi homines foco Algari, &c. See Soc, Soke. upon called his ocmen, or Plcnigff-men. Spelman fuetant de Smfagt or d^orcAQe, Socagiitm, May be deri-iof Feuds, top. 7. But after the Conqucfr, rte ved from the French Soc, that is, Vomer, a Coul- proper sockmanni, or Sokemamri, often mentioned rer or Ploufhare, and is a Tenure of Lands by, in Domefday, were thofe Tenants who held by t\C or for certain inferior Services of Husbandry to fervile Tenure, but commonly paid their Rent be performed to the Lord of the Fee. See Injli- as a Soke or Sign of Freedom to the Lord, tho" tutes of the Common L.x<u>, 51. BraRon, lib. 2. cap. they were fometrmes obliged to cuftomarv Duties I. defcribes it thus, Di<i for the Service and Honour of their Lord. poter'tt foCagium 35. num. a focco, &> inde tenentes qui tenent in foccagio foe<>ornff, In Saxon So.ne, a Privilege, or LibCTVolo ui ipji fiut torum manni diet poterunt, eo quod deputati funt, tit videtur, tj, and Franchife,
j
1

facx

Tcami (privi- not have Heriot, because he dieth not fole Te focnx ; Thcolonii etiam Sec Kitchin, fol. 134. Ueiorum, {Meet, &* jurium fie appellatorum) digni nant. extra tempus, &>c. Charta Canuti feoHlcUOy, Sollicitator, Is a Man employed to infra tempus take Care of, and follow Suits Regis iu Hift. Ecclef. Cath. S. Pauli, fol. 189. depending in Courts of Law or Equity ; Sec Soc. formerly allowed a Cuftom of grinding at the only to Nobility, wnofe menial Servants ^Otorrtr
facse <tP

&

&

Signifies

Lord's Mill; And there is Bond -Socome , where were, but now, too frequently, ufed by others, the Tenants are bound to it, and Love- Socome , to the Damage of the People, and the Increafe Where they do it freely out oi Love to their Lord, of Champerty and Maintenance. &0llData Terras, As much Land as is yearly ^Oinus for Efibins. The Words generally 'worth one Shilling: Tcrram deRifeburga qua file>0fea, Soc, Sek, Soke. of Tenants excufed bat reddere 30 folidos. Mon. 2 Tom. pag. 98. See fignify Liberty or Privilege from enftomary Burdens and Impositions. Some- Fardingdeal of Land. Solidata alfo Signifies the Pay times Soka or Soke, was the Territory or Precinct or Stipend of a Soldier, Et qui terram non habent in which the Chief Lord did excrcife his Sac, 8r_ arma habere poffunt, illuc veniant ad capiendum Sake, or Saka; his Liberty of keeping Court, or folidatas noftras. Breve Regis Johannis Viceco. own Soke or Jurifdi&ion. mitibus Anglia:, Anno 1213. "holding Trials within his S>Oltuariitn In the Neuter Gender fignifics that Sometimes it Signified a Payment or Rent to the Lord for ufing his Land with fuch Liberty and abfolute Right or Propriety which a Man hath in made the Tenant a Socman or Free- any Thing, viz. Urbem Cantuariam quam LatifranPrivilege, as holder, upon no other Conditions than a Quit cus Archiepifcopus habuerat ex Aufelmo con''
.

they

beneficio, ifti

rent.

As

often

in

Dome/day

1.

Socb

cept ex

filido.

Malmsb.

e /. fhinU8 terra:." man reddens Socham in manerio One Sochman or Free Tenant paying only Money Martini funt 400 aer* &

Lib. 1 In xommuni

terra SanBi

or Rent.
S>ofitP,

Anno

51

H.

8. cap. 1 j.

&

cap. 28.

Signi-

nos &> dim. Domefday. In which Book, this Word is and no other County. only ufed in Kent,

dim. qua faciunt duos Soli

Curie tenentium ftcat libertatem

quam focam

Solini appella- Septem

1

mus.
eft,

Soke hoc Fleta, lib. 1. cap. 47. left. Soke. de Homagiis fuii ad Cuquod Prior babet fiBam

riam fuam, fectindum communem confuetudinem regni Anglia. Per Soke Will. Stanley in manerio fuo de
Knottsford clamat cognitionem placitorum debiti, tranfgrejponis, conventionis
fol. de Itin.
aliis

detentionis infra

fummam 40
PI.

rompaBibus quibufcunque fine brevi. apud Ccftr. 14 H. 7. Soke, id eft, aver fraunch See Soc. Court de fis homes MS. J&oKemantie, Sokemanria, Free Tenure by Soc-

Dicunt quod tenuerunt pradi&a de pracagc. diBo Rege per Sokemanriam fine carta fivo aliquo in guerra fua inde faciencio. fervitio eidem Domino Regi

Computation, filinus terra is about io"d Acres, and 7 filini are about 1120 Acres, which is left than 17 Carucata, for at the loweft Carucata terra is 100 Acres. But my Lord Coke was of Opinion, that it did confift of no certain Number of Acres. This Word Solinus was probably from the Sax. Sulk, a Plough, but what Quantity of Land this Solin, Suiting, or Snvoling did contain, is not fe eafily determined. I be jjeve it was commonly the fame with a PloughLand. So that in Domefday Book, Se defendit pro uno folino, is, it is taxed for one Carucatc or Plough- Land.
5.

According to

terra funt 17 Carucata. this

Inft.

fol.

or iS>nfar, Solarium, A Chamber or upDedi unam Jhoppam cum folario/ Ex Vet. Carta. per adificato. Soften, Soca. See Sos and Hamfiken. S>0lce!lP0 COTe Is a Term of Art, Signifying |&Ofcf=rei!be Seems to be the Lord's Rent-gathat a Man hath wherewith to therer in the Soke or Sokcn. Fleta, lib. cap. 55. pay, or as we fay, i>0iacf, (Anno 43 Eliz- cap. 10.) Puta mangovi- is a Perfon fihent. um aliquod ex colore alic/uo adulterino pannis addito, ut g>olutione feooi militia parliament:, and >olurione feoot flSurgnif. ^arliamenti, Are Writs Dr. Skinner. pluris veneant. Solarium, An upper Room, Chamber, or Gar- whereby Knights of the Shire and Burgeffes may recover their Allowance, if it be denied. Anno ret, which in fome Parts of England is called a

Confuetud. domus dc Farcndon, MS.

fol.

<8>Gl. er
f

46.

per Room;

intra

Solarium fita funt 35 H. S. cap. 11. iftud Paroch. Antiq. pag. 325. Pro S>0tna, A Body. Mon. 5 Tcm. pag. 117. duobus folariis eifdem ad term'mum duobus cellariis S>Cimmnn0. See Summons. sona for StoU, a Prielt's Garment. Mon. viu traditis & concefiis, ibid. pag. 448. Vnum Solarium vocat. a Loft. Chart. Antiq. fine dat. pag. 6.
Sotiar.

Iftud

cellarium

&

domum meam.

&

Tom.

fenior

S>o!Da. de

Pateat
Leominfir.

& Johannes Romayne junior

quod nos Johannes Romayne

de

SbmtWf Was
:

Tax of Forty

Shillings laid

eadem remifimus Johanni Meole vicario Ecile- Fee In feme Places the Word is ufed for coarSe as bagging for Ricardo Eoterel Confiabular. Hops, or the like. See Caftri Cloth, fia de Wygemore, Fouke Sprengehofi totum jus noftrum Syfiema Agriculture. de Wygemore, in una Solda cum pertinentiis <p cfamium >o,zuiouunum, Old Sarum. in Leominfir. fiituata in alto vico inter Soldam q:r~n&%ttty>, Sortilegium, Divination by Lots, which

according to Stow, pag. 284. a upon every Knights

j

&

Spier ftp Soldam qua fuit Philippi is Felony by 1 Jac. cap. 12. Sortilegus, quia utiDat. 2 Octobris, 19 Rich. 2. tur fortibus incantationibus Damonis. 3 Inft. fol. 44. devinal font Members de It feems to be the fame with Selda, a Shop or Sorcery Herefy. Mirror, Shed. cap. 1. feci. J. Sortilegi funt divinatores, vel ifti qui See Debet &= Solet. fub nomine JiBa Religionis per quafdam, quas fanho<S>0(ef 9 Debet. ^Ole^fenanr, Solus tenens, Is he or fhe that rum vel Apoftolorum vocant, fortes vel divinationes, fenholds only in his or her own Right, without any tentiam vet fientiam profitentur ; five divinatione, aut other joined For Example, if a Man and Wife quarumcttnq fcripturarum infpetiione futura promithold Land for their Lives, the Remainder to tunt. Vocab. utriufq; juris. Excepted out of the their Son; here the Man dying, the Lord fliall Act of general Pardon, 12 Car. 2. cap. 11.

dam

Ricardi

Cullinge,

&>c.

&

S P
3)0^. In Sums of Money lent upon Ufury, the Principal was called Sort, as diftinguifhed from the Interefi. Socii Mercatorcs Senenfes Epifcopum Elyen/em trahint in caiiftm coram Magiflro Alexandra de a Domino Papa delegato fuper trecenFerentyn Judice centum mareas de intcrefla tas marcas de forte, Anno 40 H. 3. Prynn- Colled. Tom. 2. pag. 161. Spring fecrhetf, 3 Jac cap. 1 6. A Sort of

S P
Mouth of
Aflembly
the
reft
i

And

as that

honourable

of Two Houfen, fo there are Two Speakers, tlic one termed the Lord Speaker of the Houfe of Peeri, and is moll commonly the Lord
confifts
J

&
A

Chancellor, or Lord Keeper of the Great Seal of

land.
ot

The other (being a Member of the Houlb Commons) is called The Speaker of the Houfe of
;

Eng-

Commons
larly

both whole Duties you have particu-

Book entitled, The Order Sor or Soar-hawk. King and Ufage of keeping the Parliament. See ParliarUnpitt'r, John granted to Robert de Hofe, Land in Berton of ment. the Honour of Nottingham, to be held &peciulita0, A Specialty is taken for a Bond,
Cloth
fo called.

defcribed in a

JS>0,JUiS

Per fervitium Acipitris fori Cartular annit

nobis
S.

reddendi

Edmund:, MS.

3-

i>0flialc,

Miftaken without Doubt

lib. 3.

yet in Brail on,

Sothaile
;

tract. 1. cap. 1.

it

But it hath hereBill, or fuch like Inftrumcnt. tofore been taken for particular Acquaintance, as appears Inter PI. coram Rege apud Ebor. Mich. for Scotale, 1 E. 3. Rot. 123. Prtfentatum fuit per Juratcres is written quod quidam Johannes de Pratis habuit
fingulis
f.

and he fays, it is fo called FiHale, and quandam uxorem amicabilem, de cujus fpccialitatc was a Kind of Entertainment made by Bailiffs to Williclmus filius Hcnriei Molcndinarii &> Jim 1 lithofc of their Hundred for Gain, which the ter quidam alii malefaScres fnerunt ita quod [rtdilli fame BraSon fays was taken away in the Reign malefaScres venerunt ad UHum i<fi'<s Johannis ubi of Henry the Third. See Scotale. jacebat, ftp ipfum traxerunt ah eadem, ftp ipfum abinde duxerunt ftp ter.uerunt dum prtditlus Williclmus confi)0tluaga Is an old Word, which fignifies Hi From the Sax. Soth, verum, and Saga, Tefii- cubuit cum ea. ftory See General in dEfo'tirnce. mon'mm for all Hiftories Should be true, or true <a>prcial cwatfer Br. Tit. General IJfue and Special EviSayings from hence we derive our Englijh Word Ijjue, and
;
:

Southfayer.

dence.

Spourrnfln,

A Piece

of Gold current at Twen1

pflf!:rt:,
illic

The
B.

Cell of a

Monk,

viz-

ty-two Shillings Six-pence in

H.

8.

when by

Conbufia

In-

Ecclefia

Marie,
1

re.Iufa

una Ufiulata, qua

denture of the Mint, a Pound-weight of Gold of the old Standard was to be coined into Twentyfour Sovereigns. In 34 Hen. 8. they coined Sovereigns at Twenty Shillings a-Piccc, and half SoveIn 4. Edw. 6. Sovereigns at Ten Shillings. reigns of Gold at Twenty-four Shillings a-Piccc. In So in 6 Edw. 6. Sovereigns at Thirty Shillings.

fpcleum fuum nee

in tali neceffitate deferendum putavit.

Malnnb. Lib. 3. pag 1 2. &pigurnrl. Galfridiis Spigumel was by King Henry the Third appointed to be Sealer of his Writs, and perhaps the firft in that Office.

Therefore in After-times, the Perfons that enjoyed that Office were called Spigurnels. Pat. 1 1 Hen. 3. m. 7. ftp Clauf. 4 Edw. It dorfo m. 6. 2 ElizSee Claufentum, and Trifantonis Johannes Boun Miles, Filius Domini Francifci Boun, ftp <>0Utljamyit0r!. Portus. Johanna uxor ejufdem Johannis comedttnt al Roy ferjegDOUth. ffijifcount, Sub-Vicecomes, Is the Under- antiam fuam ipfius capella Regis, &* officium bpigurncllorum ad ipfos fpcRar.s ; qua, de Rege tenent in Sheriff. Cromp. Jur. fol. 5. Mcmorand. in Scaccar. Mich. 14 Ed. ^Otolfgrotf, An old Name of the Month Fe- Capite. fo called by the Inhabitants of South Wilts, 1. by Sir John Maynard. bruary, who have this Proverb, Soulegrove fit lew, i. e. FeiaHiifcfliarO, Spica Nardi, vel Nardus, Is a medicinal Herb, whereof read Gerard's Herbal, lib. 2. is feldom warm. bruary 2>0tt ne Is a Word corrupted from the French cap. 41 5. . The Fruit or Ear of this (for it brings Souvenue, i. remcinbrcd ; for the Stat. 4 Ren. 5. forth an Ear like Lavender') is a Drug garbleable, in the Original French bath Des ni- by 1 Jac. cap. 19. cap. /. efireats ent fouvenu, which by turning the Two uv into apina, Speen near Newbury in Berkfbire. jbpiliactum Is that Sort of Veflei which wc ?, was firft made Somen, afterward Sown ; and It is mentioned fuch Eftreats and Casualties as arc not to be re- now call a Pinnace by Knighton, membred, run not in Demand, that is, are not Anno 1338. Redierunt Normanni cum galeis 12 cJ* leviable.- It is a Word of Art ufed in the Exche- cum 0H0 Spinaciis cum manu bene armata. Pins ife-MnDll'se Were thofc Three Golden quer, where Efireats that fowne not, are fuch as and from the Sheriff by his Induftry cannot get, and Efireats which were ufed about the Pall, thence that fowne, .arc fuch as he may gather. 4 Par. lr.fi. SpinMlIattrtf Signified to be adorned with the fol. 107. jfepaDariu?, For Spttharius, a Sword-bearer. Archiepifcopal Pall, viz. Lar.francus Epifcopus in ^Jiif* ^blficittni), Pleas of the Sword, or a tabula plumbea ponderofa valde inventus fuit, in Court Martial for the Speedy Execution of Ju- qua a prima die fcpultur* intaBis Membris mitratui, Item dixi- Spindulatus ufque in hunc diem ftice on Military Delinquents. Du jacuerat. rnus per fatramentum noflrum quod vidimus Henr'rum Cangc. ftp RUhardum quondam Reges Angl'uc tenentes Placi<S?pHifffr, It is the Addition ufually given to all unmarried Women, from the Vi ("count's tum Spatx in civitate &> banlevia Lexovii. Yet Sir Edward Coke (ays, Cart. A. D. 1 105. Brady Append, to Hift. of Eng- Daughter downward land, p. 45Genercfa is a good Addition for a Gentlewoman, <fepatularia Is numbrcd among the holy Gar- and that if they be named Spinfier in any Origiments in the Monafi. 5 Tom. pag. 331. viz. Cum nal Writ, Appeal or Indi&ment, they may abate Pollard Alba, amiSa, fiola, Fanone, Spatulariis &P maricu- and quaih the fame. 2 Infi. fol. 668. Miles ftp Judic. habuit II. pilot gladiit iin&os in tulariis, ftPfspeaker of the parliament Is an officer in mulo fuo ftp totidem filias fujis depiflas. Spelman in that High Court, who is as it were, the common his Afpilogia fays, Antiqiiis tempcribus ipfe Re:

gin*

SQ.
gin* fufis ufe funt,
ftcrs dicta funt.
uncle hodle

ST
omnes fosminx. Spin-

Stabtlia, It was a Cuftom in Normandy, that where a Man in Power claimed Lands in the Pofan Inferior, he petitioned the Prince ispiritualttips Of a SJiffiop, Spiritualia Epifcopi feffion of Are thofe Profits which he receives as a Bifhop, that it might be put into his Hands till the Right not as a Baron of the Parliament. Staundf. PI. was decided ; and then he had a Writ which was Such are the Duties of his Vifita- called Breve de Stabilia. To this- a Charter of Cor. fol. 132. tion, his Benefit growing from ordaining and in- Henry the Firft feems to allude, in Pryn, lib. Angl. ftituting Priefts, Prcftation-Money, that is, fubfi- 1 Tom. pag. 1204. viz- Et omnes decimas venationis d'mm charitativum, which upon reafonable Caufe pradiBarum forefiarum excepta decima illius venationis he may require of his Clergy. Johannes Gregor. qua capta fuerit cum Stabilia in forefta de Windlepore. de Benefic. cap. 6. num. 9. and the Benefit of his ia)tali!lltiO benationiB. Qui monitus ad StabiJurifdiftion.
cap.
1

litionem venationis, won ibat, L fol. Regi emendabat. Domefday. The driving Deer to a Stand, which is>nittUikOuff, Mentioned in the Aft for Sub- is alfo called Driving the Wanlafs. Omnes Burgen-

Joachimus Stephanus de Jurifd.

4.
.

lib.

4.

4.

num.

from Ho1 5 Car. 1. cap. 9. Is a Corruption and fignifies the fame Thing ; or it may be taken from the Teuton ick Spital, which denotes an Hofpital or Alms-Houfe. Spoliation, Spoliatio, Is a Writ that lies for one Incumbent againft another, in any Cafe where the Right of the Patronage cometh not in Debate ; As if a Parfon be made a Bifhop, and hath Difpenfation to keep his ReSory, and afterwards the Patron prefent another to the Church, which is inftitutcd and indu&cd. The a Bifhop (hall have againft this Incumbent Writ of Spoliation in Court Chrifiian. F. N. B. fol. Sec Benevolence, and Termes de la Ley, hoc 36.
sidies,

fes de Bijhops-Cafile debent invenire

unum hominem

ter

fpital,

per

annum ad Stabilamentum

pro venatione capienda

quando Epifcopus voluerit. Lib. niger. Heref. So in In venatione fi quis ad StabiliLeg. H. 1. cap. 17. tatem non venit, i. e. He who doth not come to the Place where he ought to ftand. StableffatlD, (Stabilis fiatio, or rather statu in Stabulo) Is one of the Four Evidences or Prefumptions whereby a Man is convi&ed, to intend the Stealing the King's Deer in the Foreft. Man-

The other Three wood, part 2. cap. 9. num. 9. are Dog-draw, Back-bear, and Bloody-hand. This when a Alan is found in Stablejland is, Jiabili fiatione, at his Standing in the Foreft with a Crofsvcrbo. bow, or Long-bow bent, ready to fhoot at any <&ncnfrc[turp, In a Charter of Edw. 1. to the Deer, orclfe (landing clofe by a Tree with GreyBarons of his Cinque-ports. Quieti hounds in a Leafh, ready to flip. STabUiatUin for Tabulatum, which fee. lint de omni thelonio Qp omni confuetudine , "videlicet, ab
omni
1.

lafiagk,

Sponfagio,

&

& omni

tallagio,

paffagio, cayagio, rivagio, Placir. temp. Ed. wrecco.

<S>ta;ilia,

An

Eftache,

A Dam

or

Head made

Ed.

2.

MS. penes Dom.

Spoilt? Obhifa's: Prcfcnrs to the King were called.

flop a Water-courfc. Abbas 6 Conventus SanBi Edmundi Fountains. So anticntly free Gifts and habent quoddam fiagnum prope villam B. Edmundi

up of Stakes, Earth, Stones,

QPc. to

quod

vocatur Teyven

>

&

Cellerarius S.

Edmundi

Signifies Gifts, Gratuities, Salaries. jigna {ibi tranfverfa) reparare volens fecit ibi venire Ut nee Epifcopus nee Abbas pro jufiitia facienda Spor- Carpentarios, Qp apponere fecit ftachias fubter ligna From verfus aquam, &>c. Cartular. S. Edmundi, MS. tulas contradiBas (i. e. forbidden) accipiat. hence St. Cyprian, (Epift. 70, 71,90.) calls thofe 193. See Eflache. jbtsDiutn Is in Domefday-Book accounted for Clergymen Sportulantes fratres who received fuch

SpoJtUla

Ex

Gifts for

their Maintenance,
Prebend*..

which afterwards a Furlong of Land, which

a Mile.
jiDfaijiarilt.tf,

is

the Eighth Part of

were called

i)00llfe4),'eacl), Adultery, or Incontinence, oppofed to fimple Fornication. A. D. 1542. The Lady Katherine was accufed to the King of incontinent living not only before her Marriage, but Fox AB. alfo of Spoufe-breach after her Marriage.
Vol. 2. fag. 540. b. jSwuIIersi of jfarii Arc Tiers of Yarn, if it be well fpun, and fit for the Loom.

in a Cathethe Refidence to which he was obliged. Stagiari, to keep fuch Refidence. As in a Statute made in the Chapter of Ortam de modo Paul's, 2 Id. Jul. Anno 1 3 1 9.

Canon Residentiary

dral Church.

Stagiaria,

Mon.

Stagiaria: inter Fefium S. Johannis Bapt. &> Mich, in to fee Ecclefia London, faciendx Dubitationem volentes enodare; Anno 1 ad tollendum omnem confeientie fcrupulum antiquam Mar. Pari. 1. cap. 7. Spullers are thofe that confuetudinem ftagiandi in diBo termino feu quarterio work at the Spole, i. e. Rota glomeratoria texto- nondum friptam hac fcriptura exprimere decrevimus, rum, qua fila rotando conglomerantur, fays Dr. videlicet, quod antiques Stagiarius a die Sabbati, QPc. Ex Libro Statut. Ecclefia: Paulina: per Tho. Skinner,

Diftin&ion between Refidentiarius and Stagiarius ; every Canon inftalled to the Privileges and Profits of Refidence was Refidentiarius, and while he actually kept fuch ftated Refihe was Stagiarius, or Stagionarius. The eis fine aliquo ferramento vel aliquo ujlilio fuccibil: >n- dence ramalia qua d? Wyvede remanferint, que Word Stagium was likewife ufed for Refidence, trare, Conventio in- as Stagionarius poftquam ftagium fuum in Domibus Anglice Spren dicuntur, colligere. Convent. Cantuar. Sf Homines de Cher- Ecclefix vicinis incepit, &c. lb. fol. 44. a. ter Priorem Ex Regiftro Eccl. tham facia anno 1166. >ragnarium, Vet potius Stannarium, a TinMine, Rex, &c. Conceffimus Domins Regime matri Chrifti Cant. MS. fStquaBep, Anno 43 Eliz- cap. 10. See Rewey. noftr* cuneum e> ftagnarium Devon, adfe Jufiinendum, It is a Note of Faultinefs in the Making of Pat. Anno 1 Hen. 3.

ifepurarilim aumtm, A Spur-Royal. Pro hac recognition dedit Johannes prxdiBo* Hugoni mum fpurarium aureum. Paroch. Antiq. pag.%21. Spn'tl, Broken Wood, or Wind-fall. Cum autem in bofcis nojlris aliqua fuccider'tmus, licebit

Lyfeaux Decanum, MS.

fol. 56. b.

They com-

monly put

this

&

&

Cloth.

S>ta(jne;ff,
*.

Stagna, Ponds,

Pools,

or (landing

qtliHarii for <>talarii,

Scalaria.

Stone-cutters. Sec Waters,

mentioned

S)taUboaf,

Eliz. cap. 21. Kind of Fifliers Boat,

5

Anno 27

>quire.

See

Efquires.

Eliz- cap. 21.

Stalfeerg,

S
A
Kind of
Jlat.
|,

T
;

ST
20.
;

Nets, mention- modifies of this Land, for the Utterance of th.-m f 17 Rich. i. by the Great. The Word may either be dcrircc from the Saxon which (ignifics the Sf.y, cap. 9. Staple, in jferaUatlgf, WiUielmus Lucy miles remiitit domui or Hold of any Thing, according to Lambard &> Etltfude Thelcsford, tolle, tatk, Stallange, &> his Duty of Confiablei, num. 4 becaufc the Place anno 7 H. 7. Cartular. domus dc is certain and lcttlcd or clfc from the French Blodejbede Thclc s ford, MS. Eftape, i. forum ij'marium, a Market of Staple for i&taDjgf, (Stallagium, from the Sax. Stat. i. t. Wines ; the chief Commodity of Fr.tnre or raStabulum, Statio,) The Liberty or Right of pitch- ther from the German Stapelen, which (ignifics to And ing or creQing stalls in Fair or Market, or the gather, or, to heap any Thing together. Money paid for the fame. Quod Ji aliquis porta- accordingly in a French Book we find 11 written. A Calais y avoit Eftapc de la laine, &c. verit res fuas ad forum &P fofuerit fuper Stallas, fadie Lun*, vel feme! which is as much as to fay, as the Staple for ciei red;mptionem pro eis qualibet Ex Rcgiflro Priorat. dc Cokesford. Wools. You may read of many Places appoint pro Mo anno. See Scavage. In Scotland it is called StaUange, ctl for this Staple in our Statutes, according as and among the Romans it was termed iiliquaticum the King thought fit to alter them, from the Sea Jiliqua prima &> minima omnium portiere apud ill.nn cond Year of Edward the Third, to the Fifth of Edward the Sixth, cap. 7. What Officers the Stanatimem. See Kennet's Glojfary. It is mentioned in our Hiftorians, ples had belonging unto them, you may fee in i&taliiittua. The Staple Comviz- in Simeon Dunelm. Hoveden, Flor. Worcejler, An- Anno 27 E. 3. flat. 3. cap. II. Some- modities of this Realm, arc Wool, Leather, no 1068. and it (ignifics FrjfeHum Jlabuli. times it is wrote StaUare, which Spelman derives Wool-fells, Lead, Tin, Butter, Chccfc, Cloth, from the Saxon Stal, i. t. Stabulum, and Here, Do- Qpc. as appears by the Statute 14 Rich. 2. cap. 1. minus, and was the fame Officer which wc now though fomc allow only the Five firft. Sec 4 Infl. call Mailer of the Horfe. Eadnotbus qui fuit Ha- fol. 238. &V. roldi Regis Stallarius occurrit cum exercitu, &tar, Starrum. A Contraction from the HeSometimes it fignifies him who hath a Stall in a brew Sbetar, which (ignifics a Deed or Contrat. All the Deeds, Obligations, and Relcafes of the Fair or Market. Fleta, lib. 4. cap. 28. par. I}. &i.'Uutn. See Terletum. Jews, were anciently called Stars, written for ^anDarotl?, True Standard, or legal Weight the mod Part in Hebrew alone, or elfc in Hebrew or Meafure. Rkardus Abbas S- Edmund's &> and Latin ; one of which yet remains in the Willielmus Tyllot. Treafury of the Exchequer, written in Hebrew Conventus. Salut. without Pricks in King John's Reign, the Subtenet de nobis quoddam mejfuagiiim continet in latitudine quinque virgas Standardi, ftance whereof is thus exprelTed in Latin juft unan Englijb Condition under a Latin in latitudine quatuor virgas Standardi, &*.". der it, like
fifhing

cd

13

Rich, 2.

cap.

&

Star fecit Hagius filius MaObligation.Ifiud London Domino Ade de Stratona, de acc/uietania de Stanmore de omnibus debitis in quibus D minus S. 5>fan0arD. See Efiandard. ;8)fant>arDnm &onOint. Vobis mandamus quod de Cheyndut ei tenebatur. Ita quod idem Judtus nee Standardum Londini de bujufmodi menfuris diligenter baredes fui nihil exigere pojjint de pr*dilfo Ade, nee de &P probari, ac alias menfuras per diflum Stan- baredibus fuit, ratione terr* de Stanmore de prtdiBis afftfari dardum fieri adfingulos Comitatus Regni, Qpc. Clauf. debitis. See the Plea-Rolls of Fafh. 9 Edw 1. Where many Stars, as well Rot. 4, 5, 6, Qpc. 14 Ed. 2. m. 14. intus. Bat. 15 Ed. 4. Jul. 15 mundi, MS. fol. 268.

Ex

Cartular.

S.

Ed-

gri de

j&tanDfir

Is

may
to

in

Time make Timber

Handing in
thereof.

young

ftore Oak-tree,
;

be

left

Twelve fuch are every Acre of Wood at

and 13

which of Grant and Relcafe as obligatory, and by Way of Mortgage, are pleaded and recited at
large.
Eliz-

the Felling
cap. 25.

35 H. 8.17.

* fanlatP, A Stony Hill. Dome/day. &fannartfF, Stannaria, Comes from the Latin fiannum, Tin, and (ignifics the Mines and Works where this Metal is digged and purified ; as in Of this read Cambd. Cornwall, and other Places Brit. fag. 1 1 9. The Liberties of the Stannary:

Men

granted by Edward the Firft, before they were abridged by the Statute 50 E. 3. fee in Plowden's Cafe of Mines, fol. 327. and Co. \iRep.
fol.

And further, for the Liberties of the 9. Of which Riots, Forgeries, Maintenances, Embraceries, PerjuStannary- Courts, fee 17 Car. I. cap. 15. Courts there are Four in Devon and Four in Corn- ries, and other fuch Mifdemeaners as were not wall. fufficiently provided forby the Common Law, and
S>faniuim,

j&tara, From Sextaria. Sex Staras vini, &Pc. 4>rar<4II)ambPr, Camera flettata, otherwifc called Chamber des ejloyttes, was a Chamber at Weflminfo called (as Sir Tho. Smith de Rep. Angler, libfier 1. cap. 4. conjectures,) becaufc at firft the Cieling thereof was adorned with Images of gilded And in the 25 of Hen. 8. cap. 1. It is Stars. written the ftarred Chamber. Henry the Seventh, and Henry the Eighth, ordained by two fevcral Statutes, viz- 3 Hen. 7. cap. 1. and 21 Hen. 8. That the Chancellor aflifted by others cap. 2. there named, mould have Power to punilh Routs,

In the Statutes of the Cathedral for which the inferior judges arc not fo proper was ordained, ut Servientes to give Correction: And becaufe that Place was capas cericas, libros. pavnos ferios &P lineos ac laneoi, before fet apart to the like Service, it was ftill alia ornamenta Eccle- ufed accordingly. ftanna, cathedras, pulvinaria Touching the Officers belongBut jia a vejlibulo in <horum feu alibi in Ecclefiam deferent, ing to this Court, fee Cambd. fag. 112, 113. where I take Stanna to be the (landing Candle- by the Statute 17 Car. I. cap. 10. this Court comsticks, fuch as were fometimes called Jlataria and monly called the Star-Chamber, and all JiirifdictiCereo jlata. on, Power and Authority thereto belonging, arc _ pif, Stapellum, Signifies this or that Town from and after the Firft of Augufi, 1641. clearly or City, whither the Merchants of England were, and abfolutcly diflblvcd and determined, and fo

Church of

St. Fault it

&

&C

by Act of Parliament, to carry their Wool, continues diflblvcd and determined F f f Cloth, Lead and Tin, and fuch like fiaple Com-

to this

Day. Starting

Starling.
i&fatera,

See

Sterling.

Bond of Record, founded upon the

It is

the Nature of a proper Statuteas to the Force and Execution of it, and Malmibury, in the Life of 5t. Aldhelm, cap. 9. Staple tiz- WintonU prxlatus Darnel qui ejfet ejufdem Regio- acknowledged before one of the chief Juftices, and in their Abfence, before the Mayor of the nis oriundus, &* Staterarum non egenus, &>c.^ j&tatlonartUB, A Canon Residentiary in a Ca- staple and Recorder of London. The. Form of all See Stagiarius, Statio, Refi- thefc Bonds or Statutes, fee in Weft. SymbL part 1 thedral Church. lib. 2. feci. dence. 152, 153, 154,155Statutes are alfo vulgarly taken for the Petit&tatuariutn, A Grave or Tomb adorned with Ac ejus facro corpore terri iliic inter multa Seffions, which are yearly kept for the Difpofmg Statues. See alia Romana Statuaria commendato, &c. Ingulphus, of Servants in Service, by 5 Eliz. cap. 4. Recognifance. And thefe Statute- Sejfions, otherwife 855. pag. mancrir, All the Tenants and legal called Petit-Sefftons, arc a Meeting in every Hun tatUB Men within the Liberties of a Manor, met in the dred of all the Shires in England, where by Cu Couft of their Lord, to do their cuftomary Suit, ftom they have been ufed , whereto the Confta and enjoy their Ufages and Rights. Apud cu- bles and others, both Houlholders and Servants riam de Wrechwyke tentam in Fefto S. Andre* anno repair, for the Debating of Differences between omnis flatus de Wrechivyke elegerunt Hu- Matters and Servants, the Rating of Servants 1 7 E. 3. and fuch People in Service as bellowing conemKyngadofficium Prapoftti, Qpjuramentumfufepit. Wages, being fit to ferve, either refufe to feek, or get Proch. Antiq. p. 456.

Money.

mentioned in H.

8.

cap. 6.

Of

Statute 23

as

Matters. Anno 1 Elizcap. 5. Statute, Statutum, Has divers Significations ; Parliament made StatutosS>fapuIse Is a Writ that lies to take firft, it fignifies an Aft of his Body to Prilbn, and feife Ettatcs of the Realm, upon his Landsand by the King and the Three in which Senfe it is either general or fpecial. Goods, that hath forfeited a Bond called StatuteStatute in ano- Staple. Co. lib. 4. Holland's Cafe, f 16. Reg. Orig. fol. 151. Stafurutn De JlabojariiH Is a Writ Judicial, ther Signification, is a fliort Writing called a arc in for the Apprehending of fuch Labourers as refufe Statute-Merchant, or a Statute- Staple, which Nature of Bonds. Anno 5 H. 4. cap. I*, and are to work according to .the Statute.

called Statutes, becaufe

made according

to the

Reg. Judic.

fol. 2.7.

StafUtO ^erratOJtO Is a Writ for the ImpriForms cxprefly provided by Statutes, which direct both before what Perfons, and in what Manner foning of him that has forfeited a Bond called 1. lib. Statute-Merchant, until the Debt be latisfied. Rethey ought to be made. Weft. Symbol, part where he defines a Statute- Merchant gift. Orig. fol. 146". And of thefe there is one az. feB. IJI. Bond acknowledged gainft Lay-perfons, and another againft Ecclefi- J thus, A Statute- Merchant is a before one of the Clerks of the Statutes-Mer- aftical. Ibid. Sp 148. Statues ker, Staphys agria velherba Pedicularis, chant and Mayor, or chief Warden of the City of London, or Two Merchants of the faid City Is a medicinal Herb; the Kinds and Virtues whereof you have in Gerard's Herbal, lib. I. for that Purpofe afligned, or before the Mayor, cap, chief Warden, or Matter of other Cities or good 1 30. The Seed of this is mentioned among Drugs to be garbled. Anno 1 Jac. cap. 19. Towns, or other fufficient Men for that Purpofe fcaled with the Seal of the Debtor &faurum, Any Store, or Standing Stock of appointed, and of the King, which is of Two Pieces ; the Cattle, Provifion, &>c. Matt. Weftm. Anno 1259. Greater is kept by the Mayor, chief Warden, Viginti infuper quinque libras pro Stauro ejufdem thereof by the faid loci. When formerly the Bifliops occupied and &>c. and the leffcr Piece fee in flocked their own Demefne Lands, they were obClerks: The Form of which you may Noverint univerft liged to leave at their Death fuch a determined lib. 2. cap. 64. feB 2. thus Fleta, me N. de tali Comitatu teneri P. in quadraginta Quantity of Cattle for a Stock to their Succefwhich Stock upon the Ground was called marcis fohendis eidem ad feftum Pafh. Anno Regni fors ; &c. QP nift fecero, concedo quod currant fuper Staurum, and de Stauro, de Inftauro. Regis, ttaStealing Is the fraudulent taking away of fcena provifa in me &> haredes meos diftriBio Man's Goods, with an Intent to them tuto Domini Regis Edito apud Weftm. Dat. London, another fteal Anno fupradiBo. The Fee for the Seal is, againft, or without the Will of him whofe tali die be. The Civil Law judges open for Statutes acknowledged in Fairs, for every Goods they a Half-penny, and out of Fairs a Farthing. Theft to be fatisfied by the Recompence of FourPound The Execution upon a Statute-Merchant is, firft to fold and privv Theft, by the Recompence of take the Body of the Debtor, if he be Lay, and Double ; but the Law of England adjudges both can be found; if otherwifc, upon his Lands and thofe Offences to Death, if the Value of the E. I. Thing ftolen be above Twelve Pence. Goods, and is founded on the Statute made 13 See the New Book of Entries, verb. StatuteSreHatusr, The fame with StaUatus, viz, one flat. 4. who fells Goods in a Stall. BratJon, lib. 4. cap. 46. Merchant.

&

&

*S)tatUteSfapIe Is fo called either

properly

or improperly.
led
is

Qua

quidem

fufficere debet

omnibus

nift

forte ftnt mer-

cal- catores Stellati, Statute-Staple properly fo

qui merces depofuerint

&

expofuerint

a Bond of Record, acknowledged before iienalesNecnon libertate multure Steinnifreo!?, theMayor of the Staple, in the Prefencc of one of the Two Conftables of the fame Staple, for fu.e in molendino ipftus Roberti, Qpc. quod ftnt StemCholfreoch. Mon. Angl. z par. fol. which Seal the Fee is, of every Pound, if the nefreoh exceed not 100 /. an Halfpenny, and if it 193. Sum a Farthing ; and by Virtue of fuch S>fennerp Is ufed for the fame with Stanexceed 100 the Creditor may forthwith have naries in the Statute of 4 H. 8. cap. 8. See Statute-Staple, Lands and Goods of the Stannaries. Execution of the

&

//'.

Debtor: And
27 Edw.

this is

ca. 9. 3.

Body, founded upon the Statute St0|ffiTian. A Statute-Staple improper is a cempertum fuerit,

Si fuis bonis fpoliati, de navi reddat Steorefman, i. e. Navar-

chus,

Chus,

bona

five

peamiam

illam.

I-L.

Marinx

this

Word
moil

and Authority. What a Steward of a MaSKiTlWCClj, alias StTC luf fll, Is tlic breaking, nor or Houfhold it, or ought to be, Fleta, obftruGing, or making left of a Way. Strcbrcch fully defcribes, lib. 2. cap. 71, 72. S8>tftoCB or giruPH, Are thofe Places which e#, /? quis viam frangat, concludendo, avertendo vel were permitted in England to Women of It may be derived from the old Englifb Jodiendo: profefWord Stre, i. Via, and Brecb, n FraBio ; hence fed Incontincncy, and that for Hire would proto go a Stray, or now as wc write ajlray, ftirutc their Bodies to all Comers. It is derived probably from the French that is, to go out of the Way. Efluves, i. Therm*, vel Balneum, S>terC0,nH CatljeBja, Vir five Mulier falfam men- becaufe difTolute Pcrfons arc wont to prepare furam In civitate faciens deprehenfus iv folidis tmenda- themfelvcs for vencreous Acts by Bathing. And bat, fimiliter malam cervifiam faciens ant in cathe- that this is not new, Homer fliews in the Eighth dra ponebatur ftprcoris, ant quatuor folidos dabat Prd- Book of his Odyff. where he reckons hot Baths Lib. Domefdei, Ceftrefcirc. among the effeminate Sort of Plcafures. Of thefe pofitis. read j H. 6. 1. But trnU'iihjB, The fame with Sterling. King Henry the Eighth aSterling, sterlingum, Was and is the Epithet bout the Year 1 546. prohibited them for ever. a brafs Coin amongft the Saxons, fijtlta Was for Silver Money Current within this Realm ; and took Name from this, that there was a pure and of the Value of half their and Four
1

Ethclrcdi Regis apud Brompton. tain the Name Steers-man, or Pilot. mannus.

Wc

ycc reSee Stnre-

in

nour

Name

is of fo great Diversity, that there i Corporations, and in all Houfcs of Hothroughout the Realm, an Officer of this

Coin damped firft in England by the Ea/ierlings, of them made an Hefiing. >tllR Of d2t\0, {Stat compofit. ponden. & menfur.) or Merchants of Eafl-Germany, by the Command of King John, and accordingly Roger Hoveden par- Bind anguillarum confiat ex decern (ticks, &> qualiannat. fol. 377. writes it EJierling. bet (tick Mon. Angl. Tom. 2. te ij anguiUis. pofier. fuor. See the Statute of Purveyors, cap. 13. By the fol. 880. It is in fome Records called brochus anStatute 31 Edw. 1. the Penny which is called guillarum. the Sterling, round, and without clipping, weighs stickler, A fmall Officer who cut Wood for Thirty-two Grains of Wheat, well dried, and the Priory of Ederofe within the King's Parks of Twenty Pence make an Ounce, Twelve Ounces Clarendon. Rot. Pari. 1 H- 6. a Pound, and Eight Pound a Gallon of Wine, &t\lpHrt),Guildbalda Teutonicorum , Anno 19H. 7. and Eight Gallons a Bufliel, which is the Eighth cap. 32. 22 H. 2. cap. 8. and 32 H. 8. cap. 14. was The a Place in London, where the Fraternity of the Part of a Quarter. 17 E. 2. cap. 19. Word is not yet out of Ufe ; for though we or- Eafterling Merchants, otherwife called The Merof England, yet in the chants of the Hanfe and Almaine. Anno 1 E. 6. C. dinarily fay lawful Money Mint, and the like, they fay Jlerling Money. 13. had their Abode. See Geld. It was at firft fo was found convenient in the denominated of a broad Place or Court where {Sterling) When it Fabrication of Monies, to have a certain Quan- Steel was fold, upon which Place that Houfc was of bafcr Metal to be mixed founded. See Hanfe. tity or Proportion with the pure Gold and Silver ; the Word Ster. g>tin"Ufa, Stubble, or Gratten left ftanding on then introduced, and has ever the Ground after the Corn is reaped and carried ling or Efierling was Bed! unam careBatam foragii, &P fincc been ufed to denote the certain Proportion away. or Degree of Finenefs, which ought to be retain- duas acras ftipulae, 8fc. Cart. 2. E. 2, ed in the refpeftive Coins. Vide Lownd'j Ejfay Pneterea conceffit eidem Radulfo &> btrtdtbus fu'ts haStcr- bere 0B0 animalia 6> fex porcos in dominica upon Coins, pag. 14. See Kennet't Gloffary in pajlura mea, & in ftipulis meis qui eta de confuetudine in perlingi. irtetoarD {Senefcattus') Is compounded of the petuum. Carta Scwalli de Ofevile, Anno 1205. Saxon Steda, i. e. Room, Place, or Stead, and &>tircmanrtUS, Saxon Steorman. A Pilot or Quando Miffatici Regis veniebant Weard, i. e. a Ward or Keeper ; as much as to Steers-man. Man appointed in my Place or Stead; and ibi (i. e. ad Dovere) dabant pro caballo tranfducendo % fay, a Officer within his Ju- denarios in 2 in : Burgenfes vera inalways fignifies a principal hyeme, &> tflate rifdittion. The greateft of thefe is the Lord High veniebant Stiremannum & mum ahum Adjutorem. Steward of England, which was anciently the Lib. Domefdei in Chenth. See Sturemanus. S>fOC and ifctObel, Praterea fi homines de Inheritance of the Earls of Leicefier, till forfeited to Henry the Third by Simon de Mountfort. Stanhall diBi Abbatis invent! fuerint in bpfco prxdicfi But the Power of this Officer being very great, W. cum forisfaBo ad ftoc Qp ad ftovel aliat ftovene, of late he has not ufually been appointed for &P aliquis quarens corporaliter in terram per eos

Farthing,

feifit.

fol.

to the Name of a Place, comes from the Sax. Stocce, i. e. Stipes, There is alfo a Steward of the Marfhalfea. Truncus ; as Wcodfiock, Bafingfloke, Sfc. cap. 3. In brief, PI. Cor. fol. 52. and 33 H. 8. cap. 12. F ff >tcla.

any long Time, but only for the Difpatch of fome fpecial Bulinefs, as the Arraingment of Come NoMeman in Cafe of Treafon, or fuch like, which once ended, his Commiffion expires. Of the Court of the High Steward of England, you may read 4. Infi. fol. 59. There is the Lord Steward of the King's moft honourable Houfhold, 24 H. 8. cap. 13. whofe Name was changed to that of Great Majler by 31 H. S. cap. 39. But this Statute was repealed by 1 Mar. 2. Pari. cap. 4 and the Office and Name of the Lord Steward of the King's Houfbculd revived, where you may
read

fuerit, malefaBor pro deliBo, qui talitcr inventus fuerit, reddet tres folidos, fimiliter concejfum eft quod fi aliquis inventus fuerit cum brachiis quercuum

vel

cum

aliis

mimitis

bofcis,

cum

forisfaBo

ilio

ad ftoc

& ad

ftovell,

MalefaBor

ille

reddet fex denarios.

quadam

Conventionum, inter Will, de Bray, & Abbat. & Convent, de Ofiney. Where Stoc So fignifies Sticks, and Stovel fignifies Pabulum. that the Forfeiture ad Stoc &> Stovel, is where any one is taken carrying Stipites &> Pabulum out of the Woods. Sec Zucbe.
>rocfelfelliO.

Cart.

much concerning him, as alfo in F. N. B. 241- Of his ancient Power, read Fleta, lib. 2.

gafofu".

See Gavelkind. This Syllable added

ST
<>fOln arid reached

T
t
j

a Garment which Matrons wore, 3. cap. 8. A Sort of narrow Cloth or Kerfey fo! ' Ovid in his called. to their But.ocks ttUflRP, Sax. Strange. Any Shoar or Bank of Second Book DeTrifiibus mentions the Word, a Sea or River. An Immunity from Cuftotn and

Was

down

Quas

ftola contingi vittaque

fumpta

vctat.

all

And

Leg. I. Veftis. Uipian alio de Ai-ro &* argentotuMuliebria, inquit, func, vcluti JleU, pallia,
nicas,

&c.
a Garment formerly worn by Priefts, which we now call Hoods. Stephen Eddy, tells us, That circundata fuit collo id inte-

*2>ff la

Was

like thofe
cat. 10.

Imposition upon Goods or Veflels by Land or| by Water, was ufually cxprefled by' Strand and Stream. As King Henry z. to the Church of Comedo Roihsfler, confirmo in perpetuus cum llrand /Qp rtrcam. focne c> foke, Mon. Anglic. "Tom. 3. pag. 4. So the fame Prince granted to all Tenants and Traders within the Honour of

&

Walingford, that

by

Water and by Land,

Dei &P ju- Wood and by Strand, quieti fint de thehnio, pajfag Paroch. Antiquit. pag. 114. humeros &c. Hence the fervitutis quod pro falute hominum fuper gum Street in the Wert Suburbs of London, which lay portavit. next the Shoar or Bank of the Thames, is called the Strand. And G. Duglafe mentions the Strandis Plorat orat, exorat, veniam dum
riora defcendens, fignificat obedientiam filii

by

&

fietihus

Deponendo Stolam

vebementer amabat, Quod fublimatus, quod erat Levita creatus.

Anni portabat,

quam quam fie

toto

tempore

caram

of the Sea.

See Strond.

Pall, viz.

Sometimes it is taken for the Archiepifcopal on Ground, and fo perifhes, Stat 17 Car. 1. cat. Et ut Romam adPapam Urbanum pro Sto- 14. See Strond. la fui Archiepifcopatus eundi fibi licentiam daret. EadStranger May be derived from the French
merus, cap. 188.
,>fcOne

>franueC, (From the Saxon Strand, a Shore or Bank of the Sea, or any great River) Is, when any Ship is either by Tempeft, or ill Steerage, run

Of J00l,
to
it is

Petra Latit,

Anno

H.

7.

cap. 4. Ought in fome Places

weigh Fourteen Pounds ; yet more, and in others it is but Twelve and a Half, Le charre de plumbo confiat ex
30 formeUis
except is
libris.

&

qualibet

duabus

A Stone of Compofitio de Ponderibus. Wax is but Eight Pound, nor is the Stone of jtraj\ If any Beaft do by Chance go afiray, Beef at London any more. See Weights and Sar- and come within the Liberty of the Prior, and and alfo Crompton's Juftkt of Peace, fol. rtiall be taken by his Bailiffs, it mail be carried pler, to the Pinfold, and there kept a Year and a 83. Day ; if no Man claim it within that Time, then the &t01l)" jjtratfOJft. Sec LaBodorum. But if any one come, and &t02ium. It is mentioned in Hoveden, p. 670. Prior fliall have it erant pa- fliall lawfully prove it to be his, he fhall for a Navy. Cum 30 magnis navibus, give Foot one Penny, and pay the riter in eodem loco de Storio Regis Anglia 106 magnd for every Charges of keeping, and then he fhall have his Beaft anaves, &c. Ex Regifi- Priorat. de Cokesford. See Eflray. i^tOtal. Alfo moreover vie have granted, in gain. ~~ Amendment to the City, that they bin all quit of triam*teiti^ftjff, Is a Kiad of Works in the Brytzchel, of Childwit, of Zerefgen, and of Sto- Stannaries which you may find mentioned 27 H. tall; So that no Sheriff of London, neither none other cap. 23. Concerning thefe, Cambden in his BriBayly, make Stotal in the Francheis afore/aid, &c. tan. Tit. Cornwal, hath thefe Words, Horum fianThis I find in an old printed Book, which deli- nariorum five metaUhorum operum duo funt Genera : vers it {inter al.)as the Charter of Henry I. to the Alterum Lode-works, alterum Stream-works vocant, of London. But the Word is, without Doubt, hoc in locis inferioribus efi cum fojfis agendis fianni veCity miftaken for Scotale. nas feBantur fiuviorum alveos fubinde defieBunt &tDtariu;o Was he who had the Care of the illud in locis editiorihus, cum in montibus Puteos, quos Stud or Breed of young Horfes. Leg. Alfredi, cap. fliafts vocant, in magnam altitudinem defodiunt cuEt quod de berbicario, Stotario, P vaccario, fit, niculos agunt. 9. &c. &t recman, (Sax.) Id eft, Robufius, vel Potens Lelandi Coll. Vol. 2. pag. iSS. Nativi de Wridthorp filvit qui- vir. SftOtfl,
:

libris,

& qualibet Petra

formella continet 6 petras ex 12

confiat

fignifies generally in our born out of the Land, or unknown ; but in the Law it hath a fpecial Signification, for him that is not Privy or Party to an Aft. As a Stranger to a Judgment. Old Nat. Brev. 128. is he to whom a Judgment doth not befol. long and in this Senfe it is directly contrary to Party or Privy. See Privy*

Efiranger,

aliena.

It

Language, a

Man

&

&

&

libet

pro filiabus fuis maritandis gerfitt Domino, )treet;gabEl or >tref=qsbel, Quilibet tenens in alia fervitia Manerio de Cholington dabit 2 s. Ourlop pro filiabus corruptis, &P Stoth pro itu Qp reditu, auxilia. Pctr. Blef. Contin. Hill. Croyland, pag. MS. de temp. E. 4. Every Tenant of that Manor, (in Com. Sujfex) paid yearly Two Shillings 115. Sec Zuche. for his going out and returning into it, to the >fOfceriP. >fnto, Eithcrby it felf, or added to a Word, Lord of the Manor, by the Name of Strtt-gavel. in the Wold, a Placn Mich. 4 E. 1. Coram fignifies a Place ; as Stow Rege. Antiquity of Purveynear the Plains ; from the Sax. Stow, Locus, and ance, fol. 222.

&

&

&

wold,
to

S>rrfnitU!n ^Ufiiciafi?, The Circumftanccs of Noife and Croud, and other turbulent FormaliS&tOtoage, From the Saxon Stow, i. locus, viUa, ties at a Procefs or Trial in a publick Court of is the Place or Part where Goods are laid, or the And therefore our wife Anceftors did Jufticc. in many Cafes provide, that Money that is paid for fuch a Place. Right and Jufticc SStotof, According to Lomefday Book (ignifics fhould be done in a more private quiet Manner, Sine ftrcpitu judicial ViUam, a Village. Poffint eos &P eorum S>tratt0 or ^)tXtite, Anno 18 H. 6. and 1 R. Succejforei per omnem cenfuram Ecclejiafiicam ad omnium &P fingulorum prxm/JJorum obfervationem abfque Artl uB
i.

e.

Planities.

Godfiow,

a Place dedicated

God.

su
Art;
uli

dicial! mmpellere.

j&ubOCacon Is an antient Officer in the Church: quocitnf, ftrcpitu juHe is mentioned in the Apollolical Canons, viz. Antiq. p. 344. v. trfftvarO Was an Officer like our Surveyor 42,43. He was not made by Impofition of Hand*, of the Highways, or rather a Scavenger. It is but by the Delivery of an empty Platter and mentioned in the Monafticon, 2 Tom. fair. 187. Cup by the Bilhop, and of a Pitcher, Bafon,
feu
Libclli
pelitiorie

St

1'aroch.

Idem Count

and Towel by the Archdeacon. His Office ws to wait on the Deacon with the Linen on which ^?trftCluarO. Pen Strcteward Johannes Stanley, the Body, dv. was confccratcd, and to receive Ar. clamat quod Serviettes fads Miniftri fui infra and carry away the Plate with the Offerings, and Feodum de Aldford capere debent de qualibet fuga catal- the Cup with the Wine and Water in it, &c. Ror. Plac. in Itincrc apud Ccltriam, He is often mentioned in the Monkifh Hiftorians; lorum iv d 14 H. 7. This Word ji alio found in fcvcral an- and therefore I thought it proper to write Co much cient Charters granted to the Bifhops of Hereford, of his Name and Office. and jfgilhed in the Bla,k Book there. Sec Marft'Ubgrunra:, The Eaves of a Houfe, TeguU keted. propendentes extra te&um domus ad parietum defenfio-

ward

& Marketzeld.

dedit prtfate- Nigello conftabulario

le

Strct-

&

r &>tti$\i!t t.

See Torcare.

i. To make ftrip and waftc, or ftrop ftum facere, and waltc. See Eftrepement. gjfrnnu Is Saxon Word, fignifying a Shoreor Bank of a Sea, or any great River. In a Charter of King Richard, dated at Canterbury the 4th of November, in the frirft Year of his Reign, we find thefc Words, Richardus Rex, &c. Notum facimus vobis nos concejfiffe, &V. Deo fanfto Albano , c left* fu<t fanVi Ofivini de Tynemuth, cilia fanUi 5 Albani ft Monachis ibidem Deo fervientibus omnes terras fuas &P omnes homines fuos, cum facha, fica,

btil\<,Strepitus,l)cl{r\iM(m, Mutilation, from juris. the French Eftropter, i. Mutilate, flrepitum ? va$>ubjun.ali0 Is
Parif.

nem, ne imbribus corrumpantur.

Vocab. utriulque

caudam Subjugalcs

any Beaft carrying the Yoke Ad traxerutit imaginem Cruets. Mat.

Anno

249.

ftubiurnarf, *. *. To ftay or ftop any Thing for a Day or more. Canes fubjurnare, homines vel
equos
ire vel

mittere in exercitum.

Mon.

Tom
to

1045.

Where
for a

Canes fubjurnare

fignifies

pag. Iced

&

Dogs
|

Day.

SniblfgeriUfi,
bitus,
crftus.

One who

is

from the Saxon Syb,

or rather from

Cognatio,

guilty of Inceft ; and Leger, Concui.

the Saxon Sybleger,

t.

In-

SMbmarfbal (SubmarefiaUus) I* an Officer in the Marfhalfea, who is Deputy to the chief Mar& Utfangenethef, Flemi- fiial of the King's Houfe, commonly called the ftall, Danegeld, Infangenethef And the Gl Jf. in Knight Marfhal, and hath the Cuftody of the PriWrecke, &c. nefrenieth, Blodiuit, loncrs there. Cromp. Jurifd.fol. 104. He is other10. Scriptores interpreting the Words, On ftrond Vo.es Anglic*, ve- wife called on viode Qp feld, laith, Vnder-Marfbal. fireme, in antiquioris avi chartis crebro repent Priviteres Smbncrbarr, To cut the Sinews of the Legs or latitudinem five Thighs, to Ham-ftring. It was a good oldCuftom legium fapiunt, feu potiui Privilegii Latins legantur, in Littore, in in fie England, Meretrices &P impudicas mulieres fubrtcrvare. Vide Osbcrnum de vita S. Dunllani, apud Campo. Fluvio, in Sylva Iamplitudinem, ^f ruin net, Meretrix, Was heretofore ufed for Whartoni Angl. Sacr. P. Q\ p. 146. an Addition, Jur. prsfentat, &>c. quod Johannes de $ub02nat!0n, Subornatio, A fecrcf or underMain-Faring de Whatcroft de Com. Ceft. Efq; Lauren- hand prcparing,inftruling, or bringing in a falfc tinus de Warren de Davenbam Efq; &fc. Hugo de Witnefs, or corrupting or alluring to do fuch Hence Subornation of Perjury menSondebach, Toman, Hopkin, Norman de Com. Ceftr. a falfc Act. Husbond-Knatie, Willielmus le Birchwocd de Clyve, tioned in the Aft of General Pardon, 1 2 Car. 2. is the Knave, cum plurimis aliis p Agues Catves de medio cap. 8. Alluring to Perjury, Subornation Tali die Wico de Com. Ceftr. Strumpet, 32 Hen. 8. cap. 9. and 5 par. Inft. of Witneffes. domum Ranulphi Mado.ki, vi armis, &>c. fre- Jot. " 167. Placit. apud Ceftr. 6 H. 6. m. 2. in ubfoena Is a Writ, whereby all Pcrfons ungerunt, &c. der the Degree of Peerage are called into ChanDorfo *)frpk, The Eighth Part of a Seam or Quar- cery, in fuch Cafe only where the Common Law Solvent nomine fails, and hath made no Provifion ; fo as the Parter of Corn, a Strike or Bujhel. decimarum molendini fex modios, alias [ex ftryk bladi ty who in Equity hath Wrong, can hare no orpout molendum obvenerit eidem otolendino. Cartular. dinary Remedy by the Rules and Courfe of the Common Law. Weft. Symbol part 2. Tit. ProRading. MS. fol. nd. ft. &tU0. Libere iiendendi &> emendi, tarn in Ce- ceedings in Chancery, fe&. 18. But Peers of the Wycis, ubi non fu'it hex Realm in fuch Cafes arc called by the Lord ftria, qu.-m in Comitatu ulia, omnia fine Toll &P Stud, prefer fal HP equos, Chancellor's, or Lord Keeper's Letters, giving &c. Mon. Angl. z par. fol. 187. b. A Stud or Notice of the Suit intended againft them, and There is alfo a SubStode of Mares^\% a Company of Mares kept pur- requiring them to appear. from the Sax. Stodmyra, puna ad for the Summoning of Witpofely for breeding Colts ; teftifandum, i. e. ncfTcs as well in Chancery as other Courts. Equa ad foetum. There is alfo a Subpoena in the Exchequer, as >?urcmamiU0. Sec Stiremannus. Per Stuth clamat effe as in the OfAjfUth. quiet. well in the Court of Equity there,
Toll, Fore-

Over ftrond & ftreme, on wodc 8c felde, Them &f Grithburge, Hamfocne, Murdrum &>

&

&

&

&

&

&

de

exaclione pecunu a fingulis v'tllis, And thefc Names proceed from fice of Pleas. Placit. in Itin. ibid. 14 the Words in the Writ, which Charge the Per Vtcccom. Comit. Ceftr. Party which fee. fummoncd to appear at the Day and Place affignH. 7. It is. the lame with Sheriffs -tooth i. e. drrM$u uxorem Sec Cromp. Jurif. j&UbbaiTaiT, fibi difconfare : cd, Sub poena Centum Libtarum.
,

Quam fpwfus
Florence

fub.trat prius arrhabone Subarrat.

tells

of

fubarravit

&

Worcefter duxit a

us, that

King

Noblewoman of Merda,

33. and Anno I 5 Hen. 6. cap. 4. &lil)fiClUIH Cotljei|atlCUm. See Cathedratiek. Signifies an Aid, Tax or .$>llOfiPr, Suhftdium, Alfred ITributc, granted by Parliament to the King, for
fol.
\

the

Anno 868

the urgent Oecafions of the Kingdom, to be levi follow. cd of every Subject, according to the Rate of tis, fuettis, his Land or Good.-;, after Four Shillings in the 262.

Pro omnibus
QPc.

fervitiis,

curia fec-

releviis,

Paroch. Antiquit.

pag-

Pound for Land, and Two Shillings Eight Pence ^liffertntia pari*, A Grant or Sufferance of for Goods. No Hiftory mentions that the Saxon Peace or Truce Pro quadam fufterentia pacis Kings had any Subjidies afcer the Manner of ours cum illis habenda per unum annum duratura. Clauf

at pjefent, but they had both Levies of Money and .pcrfohal Services towards the Building and Repairing of Cities, Caftles, Bridges, Military Expeditions, QPc. which they called Burghote, &c. But when the Brigbote, IJtrefare, Heregeld Dar.es harrafTed the Land, King Ethelred yielded to pay them for Redemption of Peace fevcral great Sums of Money yearly. This was called Danegeld, for the Levying of which, every Hide of Land was taxed yearly at Twelve Pence, Lands of the Church only excepted, and thereupon it was after called Hydagium, and that Name remained afterward upon all Taxes and Lands for fometimes it Subjidies impofed upon was laid upon Cattle, and then was termed HornThe Normans called thefe fometimes Taxes, geld. fometimes Tallages, other-whiles Auxilia &> fubji The Conqueror had thefe Taxes, and made a dia.
;

16 E.

3.

p. 2.

m.

2.

SMttrflgan, Suffraganeus, Is a titular Bifhop appointed to aid and afljft the Bifhop of the Diocefe. Co. 1 calls him a Inft. fol. 70. Bipop's Vicegerent. Spclman lays, Dicuntur Epifopi qui Ar'
chiepifcopo

fuffragari futtraganei disintur quia

&

ajjiftere

temntur
fuffragiis

&

eorum

caufa

Tt was fidicantur. ena&cd, {Anno 26 14.) that it fhould be lawful for every Diocefan, at his Pleafurc, to elect Two honeft and difcrcet fpiritual Pcrfons, within his Diocefc,

Eccleftaftiat

H.

8.

cap.

and

give

prefent them to the King, that he might the one of them fuch Title, Stile, Name, and Dignity of fuch of the Sees in the faid Statute fpecificd, as he fliould think convenient, &c. and that every fuch Pcrfon fliall be called Bipop Suffragan of the fame See, &c. Cambden
to in
his

Britan. Tit. Kent,

fpeaking of the Arch-

their levying, as appears bifhop of Canterbury's Suffragans, fays, When the in Emendationibus ejus, fag. 125. fiB.VoIumus Qp Archbifliop is buried in weightier Affairs, they &c. Many Years after the Conqueft they manage for him Matters that pertain to Orfirmiter, were levyed otherwifc than now, as every Ninth der only, and not to the Epifcopal Jurifdiflion

Law

for the

Manner of

Lamb, every Ninth

Sheaf.

Fleece,
1.

14 E.

3.

flat.

cap.

20.

and every Ninth Others call them Subftdiary Bipops Of which you ber is limited by the faid Statute.

whofe

Num-

S>Ult or <a>utC, SeBa, Signifies a following anlee great Variety in Rafiall's Abridgment, Tit. Taxes, Tenths, Fifteenths, Subftdies, &V. and 4 foft. other, but in divers Senfes. The Firft is a Suit Whence we may gather there in Law, and is divided into real and perfinal, and 33. fol. 26 is no certain Rate, but as the Parliament is all one with ABion real and perfinal. Kitchin, fliall think fit. Secondly, Suit of Court, or Suit-fervice, Subfidy is in our Statutes fome- fol. 74. times confounded with Cujloms. 11 H- 4. cap. 7. is an Attendance that Tenants owe to the Court of their Lord. 7 H. 7. cap. 2. Thirdly, SuitSee Benevolence, and 1 5 Car. 2. cap. 7. &Ui>fiernium, Litter for a Horfe. Gervafe of Covenant is, when your Anccftor hath covenanted

may

&

Tilbury

mentions one that was fed with Bread in a with mine

to

Silver

zed of your own and your Anceftors Suit, Time Feathers pro Subfternio. Du Cange. Subttliute, Subftitutus, One placed under an- out of Mind. Fifthly, Suit real or regal, when Men come to the Sheriffs Turn or Leet. Sec other to tranfact, or do fome Bufincfs. j&uburbarii Are Husbandmen. Mon. Tom. 2. Leet. Sixthly, Suit lignifies the following one in
fag.

Manger, and had a Cufliion

fluffed with

Cuflom,

when

fue to his Court. Fourthly, Suit' I and my Anceftors have been fei-

960.

paftores tenent, ere.

jsUtCCltlUttl

Et terram duarum bercariarum quam Chacc, as Frep Suit. Weftm. it fignifies a Petition made fex Suburbanos cum alodiis fuis,

I.

&

cap.

4.6.

Laftly,

to the

King, or any

great Pcrfon.

Gemma

eft

ex

gummi

arboris GleffarU
Grtecis

congelata,

Of

tjuam diximus appellari a which Juvenal.

eleBrum.

Of Court , That is Suit to the Lord's Court, that Service which the Feudatory Tenant was bound to do at the Lord's Court. At firft it was

Suit

is

exprefly mentioned in the Grant how often thofe Courts fliould be held. This appears by Fleta, lib. 2. cap. 71. par. 14. Qui faciant SeBas ad Curiam Domini Sometimes quot SeBas per Annum. And Martial, Incluftt tenuem Succina gemma feram. one or more, but never exceeding Three. Thorn gttUtiftOntB airbo^mn, The Croppings of Trees. mentions Two, viz. Et faciant feBam ad Curiam Et pradiBa G. habebit Succifiones Arborum ad inclu- CantuariA bis per Annum, fcilicet, in fefto Muhaelis denium pradiBum Mejfuagium, &c. Charta Jo. But all the Lord's Tenants were not Pafihe. bound to attend his Courts, but only thofe to Bayly, dat. 2 H. 5. S>UifeintJ, Per Sucking, toe eft fore quiet, de illis whom their Eftates were granted upon that Conamerciamentii quando le Burlimcn, id eft, fuptrv.fi- dition But every Man was bound to attend the res del Ringyord, id eft claufus, qut vocat. le Chi- Sheriff's Turn twice in every Year; which fee minfildes vel Common Meddows, &P pramonit. fu- in SeBa Regalis. And if the Inheritance, by erint ad imparcand. &P faciend. claufuras, illas ftmul Rcafon whereof the Tenant was bound to attend cum vicinis fuis, We qui non venit ad talent prtmoni- only at one Court, did defcend to Co-heirs, he
In cujus manibus ceu pinguia Succina tritas Cernis Ephemeridas.

&

&

Suit of the feinqt's l&eate, SeBa pads Regis, Is the Purfuing a Man for Breach of the King's jaHICtta, SeBa, Suit or Service done to a fu- Peace by Trcafons, Infurrcciions, or Trefpaffes. 1 6 Rich. perior Lord. From the French Suivre, fequi, to
7.

cunq; pramovit. ftriam, 14 H.

amerciatus erit ad pretium unius vomeris, who had capitalem Partem denarii &> hoc quotief- the Lord's Court both for Anglice- a Suckc, pretii quatuor non venerit. Plac. in Itin. apud Ce- Co-heirs.

tionem,

was bound to attend himfelf and all the

S>UDa,

i. e.

Ditch.

s
6 R.
cap.
2. Stat. z.
1 J.
c.

u
2.
c.
1

s
5.

u
A
Scam or Horfc-load of

i.

and 17 R.

and

H. 4. per

unum men/em,

&>c.

Wine.

Amtnma Kegia, Summa media, &c. The diffe>Ultfilber. Sec Suteptver. ?ulru0 aqii*, A (mail .Brook or Stream of rent Meafurc of the Scam or Quarter of Com, a is thus ulcfullv noted in the old Water, called in fomc Places a Sihe, in Effex Cartulary of met* defendit qui- Peterburgb called Swafbam Summa Rcgia, Dojfc. fine inferiore ifftus dam fulcus fluent inter medium de Standford-more, per quam emitur & venditur in foro Summa media, Paroch. Antiq. p. 531. Summa dc per quam Prtpopti metunt apud Burgum. &>c. the Sax. Suth, i. e. Antrum,) granario, per quam facta liberatio de exitu feUll)frp, (from piftrini.

a. Summa quarta, per quam datur Metccorn infra cu1 a Plough-land. Inft. fol. 5. A Plough- riam. Summa Rcgia excidit veterem fummam in Smtinga, &llllinga, A Swoling, land ; from the Saxon Sul, a Plough. Offa Rex tanta portione quod feptem fummao Regis faciunt oti Item feptem furamae Regis totius AngH* dedit Janiberto Arcbiepifcopo ad Ecclrftam fummas vcteres. faciDorobern. terram trium acrarvm, quam Cantiani unt duodtcim fummas dc granario. Swafbam, MS. Chrifli Men. Angl. Vol. t. fol. 220. Anglice vacant tret Swolingcs. Spumi'iagc. Sec Sumage and Seme. pag. 19. From the Saxon 5^/, Co$>uini;iariU0 equtwr, (fee Sagmaritu, &<-.) A ifculiba, A Beam. lumna. It is mentioned about the Building Mo- Horfc to carry Burthens. Fro.i Summa, Onus. Aummonea? Is a Writ Judicial, of great Dinasteries and Churches in many Authors.; and is that which we call a Summer. Ttabs Summaria, verfity, according to the divers Cafes wherein it is ufed, which fee in the Table of the i. t. Pracipua. Regifter as Mr. Agar Judicial. &tiUi'(7> Denotes a Plough land, of Domefday. j5>tnnmoncr, Summonitor, Is a Petty Officer, interprets it out Et nunc that calls or cites a Man to any Court ; thefe &uflingafa, The fame with Stuolings. ikud manerium pro una Sullingata terra. ought to be boni homines, that is, in Beta's Judg defendebatitr ment, Libert homines ideo boni, Thorn, pag. 1931. quia terras tenen&ulIin8B, By Sir FJw. Coke, (m 1 Inft. fef. 4. tet, quod ftnt coram talibut Jufticiariis ad certos diem are taken for Elders, but according to Mr. & locum, fecundum mandatum Jufticiariorum viceco4.)

Signifies

&

are in Dome/day Agar's Interpretation, Suitings arbores. Bnt qutre; Book taken for Alders, i. e. for Suitings arc the fame with swo//'J, which fee. fummagium, A Horfc>utTUe, Sumae.ium on Horfcback. load, alfo Toll 'for Carriage For where the Charter of J. Cromp. Jur. fol. 19 the Forcft, rap. 14. hath thefe Words, For a Horfc that bears loads every Half-year a HalfThe Book called PupUla Oculi, ufcth thefe

AM

&

miti direBum, parati inde facere recognitionem, lib. 4. cap. 5. feh Et cum. Summonitores were properly the Summoners or Apparitors, who cited in Delinquents to appear at a certain Time and Place, to

anfwer any Charge or Complaint exhibited

gainft

a-

penny Words, Pro 111:0 equo portante fummagium, dium annum obolum. Chart. E. I. num. 7. otherwife called a Seame : And a Soame Wcftern Parts is a Horfe-load.

Perfons were joined in this Office, who in Citations from a fuperior Court, were to be Peers or Equals of the Party cited. At leaft the Barons were to be fummoned by none Hence Summoniper dimi- under the Degree of Knights.
It is
tores ordinarrii,

them.

Two

legates,

boni,

Qfic.

Summone

in the ibidem per bonot

ftt

coram nobit in S. Johannit craftino Baptift* refponfuad hoc quod proponetur. Paroch. Antiquit. pag. Su- 177. Hence in the Qiocefe of bent unam domum aftivalem, qua Anglice dicitur Canterbury, the Cuftu- Apparitors in each merlros, imienire, aut viginti folidot dare. Deanery arc called the Summalc dc Newington juxta Sitingburn, MS. From ners, which was their Title, we know, in Chaucer's whence it may be inferred, that the Lords or Time. Owners of the Dens and Diltri&s of Wood in the &ummonitO,je >caccarii. Thofe Officers who Weald of Kent, ufed to vifit thofe Places in affifted in collecting the King's Revenues, by ciSummer Time, when for their better Accommo- ting the Defaulters into the Court of
de vialda ^Umerl)U0<filber Homines quoque
de-

Summonitores eundem Thomam quod

rut

dation,

their Under-tenants were

bound

to pre-

De

fcutagio quod per

Exchequer. Summonitores fcaccarii

Houfes for their Re- exigis. Paroch. Antiq. p. 200. pare little Summer Huts or in Money. SDumrtioriiS, Summonitio, is with us as much as ception, or elfe pay a Compofition feumetcr Of I iRop. Perhaps the King's Sump- Vocatio in jus, or citatio among the Civilians ; And thence is our Word Sumner, which in French is tcr-man. q. (fcumma, Saugma, Sauma, French Saume, Somoneur, i. vocator, monitvr. Summons of the ExSomme. Properly any Load or Burden of a chequer. 3 Edvi. 1. cap. 19. How Summont is diHorfc. In old Charters we frequently find Sau- vided, and what Circumftances it has to be obferma vini, and fumma ligni, for a Horfc-load of ved, fee Beta, lib. lib. 6. cap. 6. 7. Wine or Wood. Mr. Somner believes, that this gnnnmorus in terra petira, Kiuhin, fd. 2S6. fa Sort of Burden gave Name to a Sumpter-Horfe, that Summont which is made upon the Land, Summa which the Party (at whofe Suit the Summont is Latin Equus faumarius, French Somiere. Sax. Seam and Seam-byrden, was the ifent forth) fecks to have. frumenti, ftill dummonff ab 2!ttarranfi3anr. And fequatur Quantity of Eight Bufhels, or a Quarter, Summone.it calied a Seam in Kent, and other South Parts. fuh fuo pericuh. Dyer, f. 69. numb. 35. Summa frumenti, and Summa bladi, is frequent in ad Warrantizandum Is the Proccfs whereby the Md. quod Vouchee is called. See Coke on Littl. ftl. 101.L our old Writings. Summa vini.
>

Anno Domini 1242. fedata eft difcordia, qua orta fuit fimniprtiarp JLatOB Are Laws made to reftrain inter Dominum Robertum le Wafre mil. ex parte una Exccfs in Apparel, and prohibit coftly Clothes; & Dominum Reginaldum Priorem Brecon, ex altera, of which we have heretofore had many in Engdabit land, but all repealed. terra de Hundret de Anno 1 Jac. See 3 Inft. fitper quodam angulo Et ft forte delinquent fol. 199unam Summam vini
nets

habet unde folvat, jacebit in Carctre Domini fui

ftuptr*

su
much
iaWperfbDerf, For Superfdere, Credit to any Thing.
i. e.

SU
to give

too diftrains in the King's Highway, or in the GlebeN. B. fol land, anciently given to Rectories. One Inftitu- !73%uper-inffltllhon, Super-injlitutio, tutlon upon another; as where A. is admitted and )liperbifoj Is a Latin Word fignifying a SurIt was anciently arc, ftill is inftitutcd to a Benefice upon one Title, and B. is veyor or Overfecr admitted, infiituted, &c. by the Prefentment of a Cuftom among fome, efpccially of the better another. See Hutchiris Cafe in Co. Rep. 2. par. Sort, to make a Supervifor of a Will, but it is to little Purpofe ; however the Intention might be fol. 463&uper;jurare. When a Criminal endeavoured good, that he Ihould fupenjife the Executor, and to excufe himfelf by his own Oath, or by the fee the Will truly performed. Oath of One or Two Witneffes, and the Crime Up*rbifo;, Or as now Surveyor of the Highwas fo notorious that he was convi&ed by the ways. Anno 5 EUz. cap. 1 3. See Surveyor. Oaths of many more Witneffes ; this was called Superficies Is the Surface or Top of the In Leg. H. 1. cap. 47. Etquiculpam Earth, and whatfoever is upon the Face thereof. Super-jurare. eat fe tertio, ut duo fint de cog- Vocab. utriufq; juris. exigit de jure occifo, natione patris, &> tertius de cognatione matris, &> ju>UppllCatolt Is a Writ iffuing out of the ret quod in cogtiato fuo nullum factum erat pro quo de Chancery, for taking the Surety of Peace againft &> eant alii cum duodecim & a Man : It is direScd to the Juftices of Peace of iiita forisfaBus effet, eum in ccntaminationem,jtcut ante dice- the County and the Sheriff, and is grounded upSuper-jurent on the Statute, Anno 1 E. 3. cap. \6. which orhatur. Leg. Athelftan. cap. 16. &uperoncrattone pflffurse Is a Writ Judicial, dains, that certain Perfons in Chancery (hall be that lies againft him who is impleaded in the afligned to take Care of the Peace. See F. N. B. 80. This Writ was of old called Breve de County, for the Overburdening of a Common fol. with his Cattle, in Cafe where he was formerly minis, as Lanbard faith in his Eirenar.ba, out of impleaded for it in the County, and the Caufe is the Regifi. Orig. fol. 88. removed into the King's Court at Wefiminfier. $>urct)arge Of trje fCtfB, Superoneratio Forefl*, S>uper P^erogatiba IBccjia Is a Writ which Is, when a Commoner puts on more Beafts in the for marrying Foreft than he has a Right to. Manioood, part 2. lay againft the King's Widow, And is taken from the Writ without his Licence. F. N.B. fol. 173. cap. 14 num. 7. J&uperfeDeaB Is a Writ in divers Cafes, and De fecunda fuperoneratione Pajlure, in the fame in general a Command to ftay, or for- Senfe, when the Commoner funhargeth. 3 Inft. fignifies bear the Doing of that which ought not to be fol. 293. <&UT cut in bita Is a Writ that lies for the done, or in Appearance of Law were to be done, were it not for that whereon the Writ is granted. Heir of that Woman, whole Husband has alieFor Example, A Man regularly is to have Sure- ned her Land in Fee, and (he brings not the him of whom he will fwear Writ of Cut in vita for the Recovery of her own ty of Peace againft he is afraid, and the Juftice required hereunto Land ; in this Cafe her Heir may have this Writ cannot deny him ; yet if the Party be formerly againft the Tenant after her Deceafe. F. N. B. bound to the Peace, either in Chancery, or fol. 193. &>urtp Of the peace, Securitas fads, (fo calelfewhere, this Writ lies, to ftay the Juftice from doing that which othcrwife he ought not to led, becaufethe Party that was in Fear is thereby Is an acknowledging of a Bond to the deny. See the Table of the Reg. Orig. and Judic. fecured,) and F. N. B. fol. 236. For preventing the Superfe Prince, taken by a competent Judge of Record, the Statute 1 6, 17 Car. 2 for the Keeping of the Peace. This Peace rtmy a ding of Executions, fee the Peace command, either as a MiniJuflice of cap. 8. dSUpfrfeCere Is a Word ufed in the Laws of A- fter, when he is commanded thereto by a higher to Authority; or as a Judge, wlien he doth it of Canutus, and in Brailon ; and

'

delfian,

fignifies

negleft to appear in Court, and plead. Si quit Gemotum adire Superfedeat, ter emendet overhernijfam. Leg. Adelftan. cap. 15. Leg. Canuti, 2 Par. c. 16. Bra&on, lib. J. cap. 1. super i&taturutn Edwardi 3. toerfu0 S>erVjanre 9 &abOjatO7C0, Is a Writ that lies againft him who

keeps
againft
8cc.

my
Is

Servant}, departed out

F.

of

my

Law.

N. B.

fol.

167

his Commiflion. both thefe, fee Lamb. Eiren. lib. 2. cap. z. See Peace. See Suplicavit. Securitas de pag. 77. bono gefitt, Surety of the good Abearing differs from this, that whereas the Peace is not broken without an Affray, or fuch like ; the Surety de Service, bono geftu may be broken by the Number of a Man's Company, or by his or their Weapons and his

own Power, derived from

Of

ftntuto De York, quo mil ferra WfeHer, Harnefs. a Writ lying againft him that ufes Vituburgeon, Cbirurgus, May be deduced from the either in Grofs, or by Retail, in a City or French Chirurgeon, fignifying him that dealeth in alling Borough Town, during the Time he is Mayor, the mechanical Part of Phyfick, and the outward Cures performed with the Hand ; and there&c. F.N. B. fol 172. <&uper fiatufo 1 E. 3. cap. 12, 13 Is a Writ fore is compounded of Two Greek Words, viz. that lay againft the King's Tenant holding in yjif manus, Ifyof, opus: And for this Caufe are Chief, which aliened the King's Land without his they not allowed to minifter inward Medicine. Licence. F. N. B. fol. 1 7 5. See the Statute 32 H. 8. cap. 4. and Polton's A^nper ffarufo tacto pour &enefhal * aparlfial bridgment, Tit. Surgeons. oe liOJ>, &c. Is a Writ lying againft the Stew&UX lui JUT, i. e Upon his Oath. Leg. Will. 1. ard, or Marjhal, for holding Plea in his Court cap. 16. of Free-hold, or for Trefpafs or Contracts not Smrmicha, A Loaf of coarfer white Bread, made within the King s Houlhold. F. N. B. fol. fuch as in Kent is called Ravel-Bread, Conventus de Wartre conceditjoanni de Torp qualibet ebdomada 14. 241. 14 galones melioris cerviSauper ffafufo De flrftculis Cfeti, Cap. 6. Is albas Michas conventuales a Writ againft the Sheriff or other Officer, that ji* &> fervitoribus fuis 4. albas Michas &P 13.

mper

&

tnagnas

s
magti.u furmichas,

u
Liveries.
;

s
1

1509.
f. 1

Ex
is

28 Mart. item 4 panes baflard. Rcgiftr. Grcnfcld Archiepif. Ebor. MS.

But he is taken away with the Coorr of Wards and Liveries, by the Statute made Anno
2 Car. 2. cap. 24.

19.

there

Perhaps Sura micb.t was only leaven Bread now a Sort of Oaten Cake in the North

called Sour-Cake.
Surplus,

5&iU'pUifdgP Surplufagium, Cometh of the Fr. comllarium ; and fignifies in the Com- is none fuch now, or cll'c the Office is now dili. mon Law a Superfluity, or Addition, more than uted. j&urbibn?, From the French Survive, i. fupernecdeth, which fometimes is a Caule that a Writ abatcth. Broke, Tit. Nugation and Superfluity, fol. 'fi't fignifies the longer Liver of Two JointDives and Maningham'sl tenants. See Bro. Tjt. feint-tenants, or of any 100. Plowden, fol. 63. Calc. It is fometimes alio applied to Matter of. Two joined in the Right of any Thing. Uiium fuit Machinamentum, quod voflri i&ut'', Account, and denotes a greater Disburfcmcntl than the Charge of the Accountant aniountcth Sucm, veteres vineam vacant, machina levibus
;

>urtoepo,t of rur jfcing'0 Crrl-angt , 9 H. 5. Stat. Was an Officer whole Name feems in thele Days to be changed into fomc other for there
z.c. 4.

qui

unto; Satisfaciant in omnibui quod conjutiHum fiterit lignis coliigata, teflo tabulis cratibufq; contexto, lateriinter eoi <fr furplufogio recepto bus crudis coriis communitis, protegit in fe per prtdiHum computum fubjidentei, Ordinatio dc marifco Ro- qui quaji more Suis ad murorum fuffodienda penetrant de averiisvenditis, &>c. Will. Malmsbur. Hid. lib. mcneicnfi, pag. 38. fundamenta. j&urreuutar Is a Second Rebutter, or a Rebut- Prtparare fecerant variarum argumenta ma.hinarum.
,

4.

Sues, five quodvifum vel tunc extogitr.tum. Re- Ricardi Regis Iter Hicrolol. cap. 59. Let the part 2. Tit. Supplication!, Etymologifts confider, whether the larc Tubs Weft. Symbol, joinder. calls it Triplicatio- with Two Ears, carried on Mens Shoulders by fe8. 57. and therefore Hotoman nem, qti. ejl fecunda aciorit defenjio contra rei duplica- a Pole or large Stick, be not hence called Sows and the Sticks whereon they arc carried Sew tionem oppojita.
ting

more than

once.

Sec Rebutter.

Alii

Sues

roflratas, alii Cantos, alii

S&urrrjoinPfr Is a Second Defence of Plaintiffs Ation,oppofitc to the Defendant's

the

cunqut

genui

vet

priui

jfrlimiiucr,
in

Surfun.-reddith,

Is

an Inftrument

(langs.

apt Words, that the of Lands or Tenements for particular Tenant aLife, or Years, doth futftcicntly confent and That he which has the next or immediate grce, Remainder or Reverfion thereof, mall alfo have! the prefent Eftatc of the fame in PolTeflioii, and that he yields and gives up the fame unto him tor every Surrenderer ought forthwith to givci Poffcflion of the Things furrendered. Wejl. Symbollib. 2. feci. 505. where are fcvcral Precepart I. dents: There may be alio a Surrender without

Writing,

testifying

with

a>ufana fcrra Is Land worn out with ploughing. is mentioned in Thorn de terra menfurata, viz. Summa terra arabilis 567 acrtt, fumma tstius cum terra Sufana 2149. acr*, &>c. and in feveral other
It

Places there.
fiiUfcemarae

Cametf, Surfeited Meat

lib. 2.

tioned in Fleta,
carnificibui

cap. 12. par. 27.

carves venditantibus

It is menDe coquis&> fufccmatas,t*/ de ma:

rina vel femicoSa,

&c.

It is

called in Briton, pa. 33.

Cars furfanes.

Luskin.

See GaUi-Ealf-pence.

therefore there is faid to be a &ufpenGon or S>;;fpmcf, Sufpenjto, Is a TemWriting Surrender in Deed, and a Surrender in Law ; A Sur- poral Stop of a Man's Right; as when a Seignirender in Deed is that which is really and fenfibly ory, Rent, &c. by Reafon of the Unity of PofIntendment of feflion thereof, and of the Land out of which performed. A Surrender in Law is in Law by Way of Confcquciit, and not a&ual. they iflue, are not in effe for a Time, Qp tunc dorSee of this Perkins, cap. 9. & fol. 606. As if a miunt, but may be revived or awaked, and fo Man have a Lcafe of a Farm, and during the differs from Extinguithment, which dies for ever. Term, he accept of a new Leafe, this Acl is in Law Bro. Tit. Extinguijhment and Sufpettjion, fol. 314. a Surrender of the former. Co. 6 Rep. fol. 11. and Co. on Lit. lib. 3. cap. to. feft, 559. Sufpenjion Surrender of the Copy- is alfo ufed lbmctimcs by us, as it is in the Canon There is alfo a
:

And

cujlomary

hold-Land, for which fee Coke [up. Littleton, feci. And a Surrender may be of Letters Patent to 74. the King, to the End he may grant the Eftate to

Law
cap.
is
1

pro
2.

minori

Ex.ommunicatione,
utriufq; juris.

Anno 24 H.

8.

Sec Vocab.

whom

he pleafes. >Urropff, Surrogatus, One that is fubttitutcd or appointed in the Room of another, mod commonly of a Bifhop, or of a Bifliop's Chan-

ab Is when a Minifter for a Time Sufpetifio officio declared unfit to execute his Office. a Benefcio Is when a Minifter for a Sufpenfio Time is deprived of the Profits of his Benefie. &ufpiral, From the Latin fufpirare, i. ducere fufAnd feems to be a Spring of Water paffing cellor. piria) Seems to under the Ground toward a Conduit or Ciltern. >urfiff, Superflfa, 32 H. 8. ca. 48. be an cfpecial Name ufed in the Caftle of Dover, 35 H. 8. cap. 10. And indeed the Word is an abfor fuch Penalties and Forfeitures as are laid up- solute French Word ; for Sufpiral in that Tongue on thofe that pay not their Duties or Rent for fignifies fpitamentum Caverns, the Mouth of a Bratton hath it in a Cave or Den. Caftleward at their Days. Sec Suit. <)ute. general Signification, lib. 5. traS. 3. cap. 1. num. 8. and Fleta, lib. 6. cap. 5. in princ. S>Utf:ftlt)Cr Is a fmall Rent, or Sum of Money >llrt)C>CU, Supervisor, Is a French Word com- which, if paid, does excufc the Freeholders from pounded of fur, i. fuper and voir, cemere, videre. the Appearance at the Court-Barons within the It fignifies with us, one that has the Over-feeing Honour of Clun in Sbropjbire. or Care of fome great Perfon's Land or Works. >utl]Durf , i. e. The South Door of a Church As the Surveyor general of the King's Manors. It is mentioned in Gervaf. Dorob. de reparathne CanAnd in this Senfc it is taken, tuar. Eccleji.f, and it was the ulual Place where Cromp. Jur. fol. 39. that is, where there is a Court of Sur- Canonical Purgation was performed 8. cap. 39. j H. ercQcd: And the Surveyor of the Wards and where the Faft could not be proved by fufficient veyors G g g Evidence,
:

sw

SY
i.
i

a ftraight e. Evidence, the Party acenfed came to the South I a Sweath, in fome Parts a Swart'), Door of the Church, and there in the Prefencc Row of cut Grafs or Corn, as it lies after thet of the People, made Oath, that he was innocent. Scithe at firft Mowing of it. A Swathe of MeaThis was called Judicium Dei, and fo was the dow was a long narrow Slip of Ground, like a vulgar Purgation, which was by Fire or Water: Selion in arable Land. William Barward fold his Ofiium Ecclefi* quod antiquitus ab Anglis &> nunc /- Part of Five Swaths in a Meadow called Bikemore dux Swaths diefi prati jacent tit fequitur que Suthdure dicitur, in c/uibus omnes querelas totius two vel pluribus, &> dit*, Swathes apud Mathamms. Paregni,qu<c in hundredis &P Comitatibus,
vet certe in Curia Regis, non pojfunt legaliter dijfiniri, finem inibificut in Curia Regis Summa,fortiri detere difcer-

Antiq, pag. 399. Hence in the North, a Swath-Bank is a Swarth of new cut Grafs, where nitur. Gcrvaf. Dorob. de rcparatione Ecclcfiae a green Swarth or Furrow among arable Land is Cantuar. It is for this Rcafon. that Porches are called a Swang. built at the South Door of the Church. Ifeuioling or filling Of JLanfl, Sulinga, filinga, S>UUllftlUfr, Inter antiquas confuetudines Abbati-e vel fwolinga terr*, in Saxon Sulung, from ful or de SanHo Edmundo Apud grttngias per totum futh, aratrum as to this Day in the weftern Parts, a Plow is called a Sul, and a Plow-ftaff a Sulannum fitnt xiii. famuli capientes xiii. metecorns &P ad quemlibet metecorn datttr fingulis unus denarius paddle. It is the fame with Carucata terra, that is, A Hide ad Suwelfilvcr, Qp efl fumma de Suwclfilvcr per an- as much as one Plow can till in a Year Ex Cartular. S. Edmundi, MS. of Land, though others fay it is an uncertain num ixfol.
roch.
; :

fol.

312.

the Eggs of Cygnus, He that ftealeth Swans out of their Ncfts, fliall be imprifoncd for a Year and a Day, and fined according to the and King's Pleafure; one Moiety to the King, the other to the Owner of the Land where the were fo taken ; and it was a Cuftom in aniS>U3an,

tient Time, that he which ftole a Swan open and common River, lawfully marked, the fame Swan, (if it may be) or another Swan ftiall and he be hanged in a Houfe by the Beak which ftole it, in Recompence thereof, compelled to give the Owner as much Corn as may cover all the Swan, by putting and turning the Corn upon the Head of the Swan, until the Head of the Swan be covered with Corn. See Co. 7 Rep. Cafe of Swans,
;

Eggs

Dedit etiam idem inclytus Rex Quantity. WiUielmus (Conqucftor) eidem Ecclefig. de Bello in Cantia, Regale Manerium, quod vacatur Wy, cum omnibus appendiciis fuis feptem Swolingarum, id efl, Hidarum, ex fua Dominica Corona, cum omnibus libertatibus Rentale regalibus confuetudinibus, &c. MS. de tempore Vcn. Patr. Tho. Ludlowe in an Abbatis, fol. 1. Terram trium aratrorum,

&

Wy

quam

Cantiani

Anglice

di-.unt

Three

Swolings.

Charta pervctufta Ecclcf Cantuar. de qua vide Somnerurn in Antiquitat. loci, pag. n. This
in

Selden's

Titles

of Honour,

fol.

656.

is

written

TBlQtbeW, Fratres jurati. Perfons who by mutual Oath covenanted to fliare each the other's Fortune.
bent

Swillinga. SfetDCUn

See King's Swan-herd. fcoanmiote or >uiaimnotP, {Swainmotus~) From the Saxon Swang, I e. (as we now call our Rufticks) a Country Swain, a Boclandman, a Free (the Saxon holder, and Gemote, i. e. Conventus or y) fignifies a g being ufually turned into Court touching Matters of the Forcft, and held by the Charter of the Foreft Thrice in the Year, before the Verderors as judges. Anm What Things arc inquirable in 3 H. 8. tap. 18. the fame, you may read in Cromp. Jurifd. fol 108. And it is as incident to a Forcft, as a Court Nullum Swain-motum of Pie-powder to a Fair
2>XX)An'4)trl).
;
*',

gentes nttiverfe fingulis annis, fepopuli omnes mel in anno fcilhet, convenire. fiilicet in capite Kalendarum Maii, &P fe fide fa.ramento non fraBo ibi in

&

Statutum

efl

quod

ibi

de-

unum

rati Fratres.

fimul cenfeederare ftc confolidare, ficut conjuLeg. Edw. Conf. cap. 35. In any

notable Expedition to invade and conquer an Enemy's Country, it was the Cuftom for the more eminent Soldiers of Fortune, to engage chemfclves by reciprocal Oaths to fliare the Reward of their Service. So in the Expedition of Duke William into England, Eudo and Pinco were

Sworn Brothers and Copartners in the Eftate which the Conqueror allotted to them. So were

de

Ctetero

teneatur,

in

Regno

noflro nifi

ter in

Anno, de Ohio

quindecim dierum ante fejium fantli Qp initio queflum Angl'u. Paroch. Antiquit. pag. 57. No fejium fan&i Martini, dierum ante feftum fancTi fohannis Baptifl*, Doubt this Praftice gave Occafion to our Proquindecim &c. Charta dc Forcfta tarn Regis Johan. quam verb of Sworn Brothers, and Brethren in Iniquity, Hen. 3. cap. 9. See 4 See Kennet\ becaulc of their dividing Plunder and Spoil. fol. 289.
viz..

in Prinripio

and Roger de Iveri Robertus & Rogerus de Iverio Fratres jurati, & per fidem & facramentum confoederati venerunt ad conRobert de Oily

Michaelis,

&c.

circa

Infi.

^>Vb and fom, Pax fecuritas, And accordingwe read in the. Laws of King Canutus, cap. 17. ny Hal-penny, it mufl be paid before the Rifing of the Eallum Ctiflenum Marmum fyb, fom gemene, that fecuritas communis Sun ; the Party mufl go Thrice about the Crofs, and is, Omnibus Chriflianis Pax fay the Swarft money, and then take Witnefs, and eflo. then lay it in the Hole : And when you have fo done, &t>lua ra^US, Wood under Twenty Years lock well that your Witnefs do not deceive you : For if Growth; Coppice wood. See the Statute 45 IT. 3. s. and a It is othcrwife called in Law-French Subit be not paid, yon give a great cap. 3. Forfeiture, 30 white Buff. This EKpofition was found in an old boss- 2 Infi. fol. 642.
Glgjfary.

&

^Uiarff jlloner, The Swarff-Money

is

one Pen-

ly

&

containing the Rents due to the Catesbyes in and other Places in Warwickshire ; but luppofcd to be miftaken, or to lignify the fame with Warth-Money. See Ward-penny. &U)fpage Is the Crop of Hay got in a Meadow, called alfo the Swepe in fome Parts of EngLcdbrooke,
land.

MS.

fi>Jml30lUm,

(Gr.)

Is

the Apoftles Creed

in

Latin

by

Name in our Hiftorians, and thus defcribed in the following Verfes, which for their Curiofity I have
tranferibed.

Collatio, becaufe the Catholick Faith was them in unum collata : It is often called by this

Co. on Lit. fol. 4.

j&toatfyfii Sax.

Swath, a Swathe, or as in Kent

Artkuli

S
Quos
Credo

Y
the.

T A
Brawn of
hit

Thumb.

Anno 4 H.

7.

cap.

Articuli Jidei funt bis fex corde tenendi, Socii docuerunt pneumate pltni Cbrijii

3;

Deum

Petrus inquit, ego cunHa creantim,

Andreas

dixit, credo Jefum fore Cbriftum ; Con.eptum, natum Jaiobui, pajfumque Johannes,

Infernos, Philipus, (regit, Thomafque, revixit, Scandit, Bartholomew, veniet cenfere, Mathaus,

Pneuma, minor Jacobus, Symon, peaata

ReftitUet,

remittit,

Judas, carnem, vitamque, Mathias.

i.

ATflbarO, Tabarder, The Bachelor Scholars on the Foundation of Queen* College, Oxford, arc called Tabiten, or Tabardtrs ; of which Name there is a little Difl'crtation by Thomas Barlow, S. T. P. Provoft of the laid College, and afterwards Bifhop of Lincoln, which, among other Letters and little Truth, is now in the Hands of the Reverend Mr. Offley Rector of Midleton, Com.

Oxon. fiipncoparf,
e.

Out of which DifTcrtation, I cut his Words fhort, to to the faid Bifhop. them lb as not to be underltood ; the fhall tranferibe lomcwhat for the Inllrulion, or pronounce Word is ufed in lcvcral of our Ecclefiaftical at lead Diverfion of the Reader. That our Scholars were called Tabiters (lb we Councils and Synods. Ita quod ex fejlinatione nimia verba non prtcidantur vel lyncopentur. Concilium now pronounce the Name) from a Kind of
Sarisb.
10. Gown they wore, I make no Qtieflion. And Patron or Advocate: It is that Gown was then called a Tabirt or Tabarr, mentioned in Mat. Pari/. Anno 1245. Syndicusom- or Tabard. For, 1. Verjlegan tells us. Tabert anciently fignificd a fhort Gown that reachnium Chrifliavorum terrtt Sa>icl<e, &c. &PI1O0, Synodus, A Meeting or Affcmbly of ed no farther than the Mid-Leg, and that it reiEcclefiaftical Pcrfbns concerning Religion, of mains for the Name of a Gown in Germany, and which there arc Four Kinds 1. General, where in the Netherlands. And in England, it is now the 2. National, Name 2. Edward only of an Herald's Coat. Bifhops, c>e. meet of all Nations. where thole of one Nation only come together. Bolton, (Element of Armories, pag. 67.) fpeaking where they of one only Province of the Monument of Edward the Black Prince at 3. Provincial, meet. 4. Diorefan, where thole of but one Dio- Canterbury, tells us, that there he hath on his quilted ccfe meet. See Convocation, which is all one with Coat Armour with half Sleeves Tabard Fafbion ; and a Syncd, only the one is a Greek, and the other a in his Glojfary at the End of his Book, explains Latin Word. Our Saxon Kings ufually called a the Word as Verjlegan doth. 3. In Spanijh I meet or mixed Council, confiding both of Ec- with Tavardo, which is rendered by Minjbew in Synod, clefiafticks and the Nobility, Three Times a his Spanijh Dictionary, a Kind of Garment like a Year ; which was not properly called a Parliament Coat ; the Word he takes not to be a pure Spanijh till Word, but an Arabi k or Moorijb Word. 4. In Henry the Third's Time. Sec Parliament. i&pnoDa , Synodale, Is a Tribute in Money, French we know that Tabarre lignifies the lame, paid to the Bifhop, or Archdeacon, by the inferi- and is rendered by Cotgrave a long riding Cloak or Clergy at Eafler Vifitation ; and it is called or Garment. So that the Spanifh Tavardo, and The the French Tabarre, and the Teutonick and Saxin lynodo frequentiut dabatur. Synodale quia Impropriation of Derebuit in Com. Glouc. pays on Taber or Tabord, fignify all the fame Thing, a yearly 7 s. 9 d. pro Synodalibus &f Procurat onibus. Kind of Garment, Qpc. Et quod Jint quieti a SynoPat. 20 July 54 H. 8. dEaberOum, A long Garment like a Gown ; dalibus 6Pab omni Epifcopali confuetudine excepto dena- fometimes it fignified a Herald's Coat, but geneMon. Angl. 2 par. fol. 276. See rally a Gown wore by Ecclefiafticks. Fratres fario beati Petri. he Hijlorical Difourfe of Procurations and Synodals, cer dotes ditli Hofpitalis habear.t unam robam integram, Thcfc arc called otherwife Syno- tunicam, fupertunicam, Taberdum & capucium, ni98. pag. 66, Matt. Parif. pag. 164. dies in the Statute of ^Hen. 8. cap. 16. yet in gri coloris. the Statute of 25 H. 8. cap. 19. Synodals Provincial 2TabfUion, Tabellio, A Notary Publick, or fcem to fignify the Canons or Conltitutions of a Scrivener allowed by Authority to ingrofs and And fometimes Synodale is ufed regifter private Contracts and Obligations. Mat. Provincial Synod. for the Synod it felf. See Dugd. Warwickjhire, fol. Par'ij. fol. 424. De anno 1236. hath thcfc Words, I2<$. and Spelman de Condi. I Tom. pag. 529. Quoniam Tabellionum ufut in Regno AnglU non ha<S>pnOtiale0 fefletf, The Urban and Rural Deans betur, propter quod magis ad figilia authentica credi eft were at firft fo called, from informing and atteft- necejfe, ut eorum copia facilius babeatur, Jiatuimus ut the eorum ojji ing the Dilbrders of Clergy and People in Jigillum habeant non folum Archiepifcopi fed Epifcopal Synod. But when they funk in their dales. Urabtrnaculum, A publick Inn, or Houfc of Authority, the Synodical Witneflcs were a Sort of Grand Jury, to inform of, or prcfent Entertainment. Memorandum quod die Martis proxiimpanelled Oftenders, a Pricft and Two or Three Laymen me ante Feftum Saniti Gregorii Anno Regni Regis EdAt laft Two principal Pcrfons ward! Fil. Reg. Edwdrdi fecundo. Magijler Gilbertus for every Parifli. for each Diocefc were annually choicn, till by de Segrave Archidiaconus Oxon. recepit dimidiam marDegrees this Office of Inquelt and Information cam pro procuratione fua in vifitatione fua apui Shulwas devolved upon the Churchwardens. Sec Ken- Rone quo quidem die Martis ja. uit in tabernaConfuctud. Domus de Farcndon, nets Parocb. Antiij. pag. 649. Synodale juramentum, culo diHi lod. was the Iblcmn Oath taken by the laid Teftes, as MS. 48. is now by Churchwardens to make their PrcientCade IRenff*, Redditus ad men/am. Rents
cap. 36.

To

and Prebendary of

Lincoln,

late

Chaplain

Syncd. Wigorn. cap.

$pnDUU$,

i.e.

&

ments.

paid to Bifhops or Religious Prelates, rclervcd or appropriated to their Table or Houfc-kccping. Such Rents paid in Specie, or Provifion of Meat and Drink, were fomctimc called Bord-Land

fit

Rents.
.

Cabling Of JfinfS Is the Making a Table for Every Perfon conviS of any other Felony and admitted to the Bene- every County where his Majcfty's Writ runs, (fave Murder) of his Clergy, fhall be marked with a T, upon containing the Contents of every Fine parted in

g g 2

any

any one Term, as the Name of the County, ditor, the other by the Debtor. As now ufed by Towns and Places, wherein the Lands or Tene- our Brewers, &c. and was formerly the common ments lie; the Name of the Demandant and Way of keeping all Accounts. Vt pat et per Deforceant, and of every Manor named in the talliam contra Willielmum Spinam colleBorem redditus Fine. This is to be done properly by the Chiro- ejufdem anni, fyc. Paroch. Antiq. p. 571. Hence grapher of Fines of the Common Pleas, who to tell Money, old Englifij, a tal'd Sum. The every Day of the next Term, after the Ingrof- Tale of Money. Tale and Retail of Goods. The of the Exchequer, whom we fing any fuch Fine, muft fix every of the faid Tallier (TalliaUr) See Tailes. Tables in fome open Place of the faid Court, now call the Teller. %ni\, Tallium, May come from the French during its Sitting. And the faid Chirographer is to
deliver to the Sheriff of every County, his Undcr-Shcrift or Deputy, fair written in Parchment, a pcrfeft Content of the Table fo made for that Shire, in the Term next before the Affiles for that County/ or elfe between the Term and the Aflifes, to be let up every Day of the next Aflifes, in fome open Place of the Court, where the Juftices of Affiles fliall then fit, and to continue there during their fitting : And if either the Chirographcr or Sheriff fail herein, he fliall And the Chirographcr's Fee for forfeit 5 li. every fuch Tabling is Four Pence. 23 Eliz. cap. 3. and Symbol, part 2. Tit. Fines, feB.
Weft.

feBura, and in our Law fignifies both grounded upon one Realbn. Plowden, fol 251. WWioris Cafe. Firft, it is ufed for the Fee, which is oppofitc to FeeTaille,
i.

Word

Two

feveral

Things,

ftmple,

130.

Cabulf, prefcribed Form or DireQory in Cathedral Churches, drawn up at the Beginning of each Week by the Hebd.madary, appointing
Offices

the feveral Perlbns and their fevcral Parts in the of the following Week; which Perlbns fo nominated and allotted to refpeftive Duties, hath

it is fo minced or parted as it not in the Owner's free Power todifpofe, but is by the firft Giver cut or divided from all others, and tied to the Iffue of the Donee. Co. lib. 4. in Proaemio : And this Limitation of Tail is either general or fpecial. Tail general, is that whereby Lands or Tenements arc limited to a Man, and to the Heirs of his Body begotten ; and it is fo called, how many Wives foever the Tenant holding by this Title fhall have, one after another in lawful Marriage ; his Iffue by them all have a Poffibility to inherit one after another. Tail fpecial is when Lands or Tenements are limited to a Man and his Wife, and the Heirs of their Two Bodies begotten ; and

by Rcafon
it is

were, that

this

Term

of

fpecial,

becaufc if the

Man

Sacerdotibus injunginuis bury his Wife before IfTue, and take another, were called Intabulati the IfTue by his Second Wife cannot inherit the cum intabulati fuerlnt tabulam in legendo quod Alfo if Land be given to a Man and Stat. Eccl. Paulinse, MS. fol. Land, QPc. cantando fequantur. See Ebdomadarius, who was the Officer de- his Wife, and to their Son Thomas for ever, this 54.6. is Tail See more of this in Fee, and Lit. fpecial. puted commonly to this Care, and was therefore called Scriptor Tabula, and for the more lib. I. cap. 2. and the New Book of Entries, verb.

&

in the other Signification, is that we equal Difcharge of his Office, it was thus ordain- Tail. Tail ed vulgarly call a Tally : For une taille de bois, is a Scriptori Tabula in tiirtute obedientia cloven Piece of Wood, to fet up an Account injungimus, quod officium fuum fdeliter exequatur, unum per fraudem feu malitiam non oneret, upon by Nicks ; for in the Statute 10 E. 1. cap. it a quod &> alteri graiiam indebite deferat feu favorem, fed 11. and 27 E. 1. flat. I. cap. 2. it is termed a and 38 circa intabulandos reBum ordinem fine faltu 3. cap. 5. and fo in Broke's Abridgequi- Tail, Ibid. fol. ment, Tit. Tail tatem omnimodam ftudeat obfervare d'Exhequer, fol. 247. See Tailes.

&

55.

a.

Cabur, (Taburcium)

A
in

Bell ufed in
Dicetus,

Time of Land

War:
ti

It

is

mentioned
-viz.

and feveral

UTatl after poffibilitp of Ji'fiut ertintt Is where is given to a and his Wife, and to the Heirs or their Bodies engendered, and one

Man Two
;

of them over-lives the other without IfTue beittius inftrumenRad. de Diccto, tween them begotten he fhall hold the Land for lib. 7. Equi non Term of his own Life, as Tenant in the Tail irfolitum ferentes clamorem, buccinarum clangorem QP after Pojpbility of Iffue extinB, and notwithftanding that he do Waftc, he fhall never be ictus Taburciorum, Efc. impeached Car, Tak, Thiftletac. Cuftumarius in Bosbury of it. And if he alien, he in the Revcrfion fhall not have a Writ of Entry in debet quafdam ronfuetudines, xidel. Tak & Toll, cenfimili cafu, fanguinem fuum emere. Blount of Te- but he may enter, and his Entry is lawful, by Faldfey, In manerio de Thurgafton, R. Thorpe Chief Juftice. 28 E. 3. 96". &> 4$ E. 3. nures, pag. 155.
other Hiftorians,
jFuxta fonum

quod Ripatoribus vocatur Tabur. And in Huntingdon, pag. 1 191.

&

&

Com. Not.
anr.i folvebat

Siquis

tenentium

orciderit

porcum

unius

25.

Domino unum denarium vocatum Thiftle-

IFailage.
STailee,

Sec Tallage.

{Tallia) French Taille, Italian TagliCum Housbold are, i. e. fcindere, a cut Stick, i. e. a Stick cut in Haybcld Tacfrc de omnibus protriis porcis fuis infra omnes me- Two Parts : On each was marked What was due
tac, Ibid. p. 153. aTacfre

&

&

Charta Domini Tho. de between Debtor and Creditor; and this was the We ftiH retain the antient Way of keeping Accounts Afterwards it Word Tac-free, a little altered, that is, they fignificd a Tribute paid by the Vaflal to the for their Hogs running within that Lord: From hence comes Tallagium, which fignipaid nothing fies Limit. any Son of Tax. But in the feudal Law, TaRiare fignifies to liCactart For Confrmare. Flcta, lib. 2. cap. 61. mit or cut From the French Tailler to cut, fo 22. par. that Talliare feodum is to limit a 2TauCaCrr. See Calcaria. Fcc-fimple, which we call a Fee-tail that is, a limited InSec Ratoftibus. 2Jaffe. arail, Talia, Tallia, A Tally or Piece of Wood heritance to fuch only who are named in the cut with Indentures or Notches in Two corre- Grant. of which one is kept by the Crefponding Parts,
tas

de

Cockifoul,
,

tr-c.

Mcnylgaring

fine

dat.

There

of Tallies mentioned have been long ufed in the Exchequer ; the one is termed Tailes of Debt, Anno i Rib. 2. cap. 5. which are a Kind of As Acquittance- for Debt paid to the King. of Cambridge the Univcrfity for Example, pays yearly Ten Pounds for fuch Things as are by their Charter granted them in Fee-farm, viz. and 5 /. at Michaelmas. 5 /. at the Annunciation,
to

There are our Statutes,

Two

cut out of the whole, but metaphorically is ufed for a Share of a Man's Subflancc paid by Way of Tribute, Toll or Tax. Stat. d Tallagio mm comtdendo temp. E. I. And Stow't Annals, pag- 445. Thence conic Talaigiers in Chauer for Tax er TollSee Subfidy. Tallage, fays Ctke, u a gatherers. 2 2. general Word for all Taxes. fol. J 3 Infi. But Tenants in antient Demrfne are of thefc quit

He

thcl'c receivcth for Sums, pays his Difchargc a Taile or Tally at each Day, with both which, or Notes of them, he repairs to the Clerk of the Pipc-Olficc, and there indead of them, receivcth an Acquittance in Parchment for his full Difchargc. The other arc

that

Taxes and Tallages granted by Parliament, except the King do tax antient Dcmcfnc, as he may when he thinks good, for fome great
Caufe.

Tailes of Reward fpoken of 27 H. 8. 11. e> 33 &> 34 H. 8. \6. and 2 fif 3 E. 6. cap. 4. which feem to be Tailes or Tallies of Allowance, or Re-

compencc made
upon them &c. See
Tallies

to Sheriffs for fuch Matters, as to their Charge they have performed in their Office, or for fuch Monies as they by Courfe have
call

in

levy,
alfo

their Accounts, E. 6. cap. 4. 3

but cannot There are

creditor habet

of Debt ufed among Subjc&s, Et fs Talleam oportet creditorem probare illam

,

^CftlTaoiutn facerf, To give up Accounts in the Exchequer, where the Method of Accounting is Cum Vicecomes Cumbria federet by Tallies fuper computum ad Scaccarium apud Salop, idem Vicecomes fecit tallagium fub nomine fuo 60 libr. Mcmorand. in Scaccario Mich. 6 Ed. 1. by Sir John Maynard. <EallatlO, The keeping Account, as by Tallies of all Battles or Delivery of Meat and Drink. By the Statutes of the Church of St. Paul in London, it was ordained, Vt Cujhs Branni claves fianetie &P cellarii penes fe cufiodiat, &* libera t tones
fuperoideat, ft* tallationes fa.iat per feipfum nifi rationabiliter fuerit impeditus. Liber Stat. Eccl. Pau-

vel per alios, per quorum fidelitatem per convinnos fucs lib tempore in Curia notitiam alii Ballivi prafentes habere \offunt, &P fi Creditor petat debitum per vocem

&

linx,

MS.

fol.

40. a.

Unllrpp.
UTalft?,

See Tailes.

ad fuam legem tunc debitor potejl ejfe MS. Codex de LL. Statutis, &c Burgi villa: Montgomcr. a temp. H. 2. to cut Et 300 Acras ffi*ifli, Under-wood fit modo val. 6 lib. & Tailla, 40 Sol. fih.t pajlilis Domefday.

fuam fimplhem
manifeflatam.

old Cathedral Churches,

Every Canon and Prebendary in our had a dated Allowance

of Meat, Drink, and other Diltributions, to be

delivered to him per modum tallU. Hence their Commons or let Allowance, in Meat or Drink, was called tallia. As in the Statutes of the Ca2Taini or Uniaini nirbiocrrff Were Freehold- thedral Church of Paul's, colle&cd by Ralph BalScieners, and fomctimes called Milites Regis, and dock, Dean about the Year 1295. 1 b. Sec dum non refidens Canonicus defungens per 'antheir Land called Tain land. Injl. fol. J. efi ijtiod num integrum a die fui obitus computandum talliam Thane. bracino Cainr, AttinHus, Cometh of the French TeinH, fuam integram panis percicerviji* in and fignifies fubftantively, either a piat. infcllus, STalliari be tfrfo faHagto, To be afleffed or Conviction, or adje&ivcly a Pcrfon convi&cd of taxed at fuch a Rate or due Proportion, toward Felony or Treafon, &c. See Attaint. 2Ealf Is a Latin Word of known Signification, the Tallage impofed by the King on his Barons and ufed in our Law for a Supply of Men im- and Knights, and by them on their inferior a Jury or Inqucft, and not appear- Tenants. See Kennet's Paro.h. Antiquit. in Glofpanelled upon or at their Appearance challenged by either fary. ing, ICaltbiDt or JPaltotiOfr (Taliatura) Is Fire-wood, Party as not indifferent; in which Cafe the upon Motion grants a Supply to be made cleft and cut into Billets of a certain Length. Judge, Sheriff of one or more fuch there prefent ; Anno 34 &> 3 5 Hen- 8. cap. 3. and Anno 7 Edw. 6. y the of fupplying is called cap. 7. Every Talffiide marked one, being round and hereupon the very Tales de circumftantibus. But he that hath had bodied, pall contain Sixteen Inches of Affife in Compafs, one Tales either upon Default or Challenge, may 8cc. Anno 43 Eliz. cap. 14. This was anciently not have another to contain fo many as the for- written Talgbwode. Et quod de toto refiduo Bofmer For the firft Tales muft be under the prin- rj, quod non valebat pro maeremio, idem Petrus fieri in a Caufe of Appeal, and fo fecit Carbor.es rf bofum computabilem vocatum Talgh cipal Panel, except E. 3. m. z6. intus. every Tales lefs than other, until the Number be wode. Clauf. 3 made up of Men prefent in Court, and fuch as Samara, Tamerton. SamarUJ? fiublUP, Tamar. are without Exception : Yet this general Rule is as appears by not without fome Exceptions, aulifl5, Thames. Thcfc commonly Tangier, An antient City of Barbary, lying Staundford, PI. Cor- lib. 3. cap. 5. called Tales may in fome Sort, and indeed arc within the Kingdom of Fez, mentioned in the called Meliores, viz. when the whole Jury is Statute of 15 Car. 2. cap. 7. and was formerly challenged, as appears by Bri. Tit. Oct. Tales, & Part of the Dominion belonging to the Crown of
:

&

A&

anter Talcs,
<gt alt'fi

Law or Cuftom in fome Parts a Book in the King's of Ireland, of which' Sir John Davis in his ReBench Office, of fuch Jury-men as were of the ports, fol. 2S. thus, Quant afun per/on feifie de afou Tenements del nature Sfi cuns Co. lib. 4. fol. 93. Tales. Capes, Manors, Terres <3!lia coMilina, i. e. Tallies made ex corylo 4r- de tenure Taniftry, que donques me/me les Caftles, &fc. dond defender &> de temps dont memory ne court out ufe bore. Knighton, pag. 2510. STalla^f, Tallagium, May be derived of the de defender, Scniori Digniflimo viro Sanguinis morant feifie S? que French Taille, which properly fignifies a Piece cognominis, de tiel per/on ijjint
Betifage's Cafe.

fol.

105.

Sec Co.

lib.

10.

fol.

00.

England. ITantffrp Is a

alfo the

Name of

&

&

le

T A
le

every Town, was wont to be yearly paid, but now not without Confent in Parliament, as Subfidics arc. It differs from a Subfidy in this, that terres is always certain, as it is fet down in the ExcheName Sir 'fames Ware's Antiquitates HibernU, pag. 38. quer Book, and levied in general of every Town, To Drefs or Tan Leather. Prior de and not particularly of every Man. It isalfo 3Eatinarf, Mercatores coriorum called a Fifteenth, Anno 14 E. 3. flat. 1. cap. 20. Tynemuth habet commonachos fuos It feems that in antient and- 9 H. 4. cap. 7. recentium per patrlam, qui cum ea comparaverint taniure faciunt &> inde naves vet Time, this Tax was impofed by the King at his apud Prsftum Placito Parliam. 18 Pleafurc, but Edward the Firft, bound himfelf batella apud Sbeles onerant. and his Sdcccflors, from that Time forward, not Edw. 1. of Tapeftry, an Uphol- to levy it but by Confent of the Realm. Anno IJapensriuj?, A Seller De quolibet tapenario per tot urn tempus fe- 25 Edio. I. cap. J. See Gild, Subfidy, Fifteenth, der. and Witerden, and alfo Camb. Brit. pag. 304. tU Winton) mum denarium. Pat. 2 Edw. 4.
file louts temps

de per/on ifftnt morant fefie ne fueront inheritables de tiels The ou tenements, ou de afcun parte de eux. Teems to be derived from Tbanus. See ou
Its

files

de

tie!

avant

dit,

M. 6. CajtatlO SIBIaOO^Um, An Impofition laid upon the Latin Tergus, bc- Corn. Cargef, A Shield ; from HID &aram OperartUflf, A Tasker, Triturator ad caufc it was formerly made of Leather wrought taxam, a Thrcfher in the Barn, who works by out of the Back of an Ox. a Ship of Burthen, fince the Great, or by the Mcafure, not by the Day. arargta {Tarida) Was Et in folutis fohanni Lefeby trituranti ad taxcalled a Tartan, Knighton, Anno 1385. calls it Tabene onujlas. Walfing- am xh. quarteria frumenti, ut patet per talliam hoc reta, viz.- Cepit duas Taretas ham, Anno 1386. calls it Tarrita. viz. Cepit fex anno, capiendo pro quolibet quartern Hi. den. ob. PaP.
6.

(//

A Kind or 3Eartaron, {Anno 4 Ren. 8. cap. 6".) fine Cloth or Silk. Uafclja. See Tbafcia. STa^pa. See Bofiunus. ajarf and ffrc, The firft is the Weight of Box, Straw, Cloths, &>c. wherein Goods are is a Confederation allowed packed. The other in the Weight for Waltc, in emptying and reSee the Book of Rates. felling the Goods. iHartra. See Targia. EafelS Is a Kind of hard Bur ufed by Clothiers and Clothworkcrs, in drefling of Cloth.
Anno 4 E.

Tarritas refertas multis bonis. STariDa. See Targia.

roch. Antiq. p. 576.

' .

aratio ^goiUJicenSf, The Valuation of Ec-

made through every Diocefc on Occafion of the Pope's granting to the King the Tenth of all Spirituals for Three Years. Which Taxation was made by Walter Bifhop of Norwich, delegated by the Pope to this Office in 38 Hen. 3. and obtained till the 19th of Edw. 1. when a new Taxation advancing the Value, was made by the Bifliops of Wincbefier and
clefiaftical Benefices

in England,

Lincoln.

Cavern,
bridge,

Two

Officers yearly chofen in

Cam

cap.

Caffale for Cafula. or Heap, from STaffutn, and 3Eafla, the French Taffer, to pile up. Commiffo faBa Hadham ad vendend. blada &> alia bona fuit Roberto

A Mow

diver/arum

Abbatiarum alienigenarum

& qui venit

.

Weights and Meafurcs The Name took Beginning from taxing or raring the Rents of Houfes, which was antiently the Duty of their Office. 3TJfa Is a Kind of potable Liquor lately ufed in England, and introduced from China and the Eaft Indies, being made of the Leaf of a Shrub growing in thofc Parts. Sec 12 Car. 2. cap
all
:

to

fee the true

Gage of

blada Prioris de Tickeford in cognovit, quod vendidit li. &c. Hill. in duobus taflis exijlen. pro 10 garbis

15-

25E.
to

3.

Coram Rege, Rot.

or heap up
;

13.

Hence

Taffare,

mow

and ad taflum

furcare,

to

the Mow. pitch to 2;ath, In Norfolk and Suffolk, the Lord of each Manor had the Privilege of having their Tenants Flocks of Sheep brought at Night upon their own Demcfne Ground, there to be folded for the Benefit of their Dung, which Liberty of of their Land is called Tatb. Vide alfo Advocate. fo

a Saxon Word, and fignifies a Cheft, efi marfupium feu claufura. Ceam and ftnfamf, or STfm and 17f)emc, (from the Sax. Tyman, i. e. Propagare, to Teem or bring forth) Signifies a Royalty granted by the King's Charter to the Lord of a Manor, for the having, reftraining and judging Bondmen, Neifs and Villains, with their Children, Goods and Chattels in his Court. in Sax. fignifies

arpagh

Is

for Teagb, Sax.

Tyman

improving

Spelman
SJTatl

Icenia.

Thau

Signifies a eboreum. So

Crofs

Mr.

Selden,

Tradendo diBo Comiti in his Notes upon

lanorum THeme vefirorum, cum eorum SeBis & cataUis

efi,

quod habeatis totam generationem

vil-

Eadmerus,
hoc

invent! fuerint in Angl'ta. Qui autem jurifdiBionem babext hujifmoU, curiam de Theme, confdidavi. Ava /'. e. De nativis vel fervis, dicuntur habere, in qua Sec Mon. 3 Tom. pag. 12 1. Ciiurt liberi 5G_iberfaB : In fome ancient Char- olim licuit inter cttetos coenofere de ftatu vaffalii fui, ters Taurus liber fignifies a Common Bull, fb cal- utrum liber effet an fervus. Anonymous in MSbecaufe he is common to all the Tenants Theame (fays the learned Spelman in the Laws of led,

pag.

59.

Ego Eadgifa pradiBi Regis ubicunque

opus egregium Cruris

Taumate

within fuch a
tate faldix,

Manor

or Liberty,

viz.

Cum

liber-

Edw.

Conf.

cap.

Tauri &> liberi Apri, &>c. 2Cauru0 Signifies a Husband. In Leg. H. 1.

libcri

diBionem

cognofendi
lib.

cap. five intertiatis,

tores.

21 Qp 25.) fignificare videtur jurifin Curia fua de aivocationibus, hoc de vocatis ad Warrantiam. See efi,
cap. 2.

7 7.

Videtur autem
alluferit.

matrit

eft

(for

ejfe)

cujufcunque Glanvile,

5.

And

Gloffarium in

x.

Scrip-

Taurus
2ETar

(Taxa, from the Gr.

t*'P/

ordinem, fed ataue ob id

& modum ratione

etiam

Quod non folum

temper atum fignificat, tributum unie taxationem

&

Them,

i.

e.

Quod

Villanorum fuorum,

cum eorum feBa &P

fuerint.

Prior habet totam generationem catallu ubi-

T*EiMr*l dicuntur, qui tributum imponunt). It was cunque in Anglia inventi fuch a Tribute as being certainly rated upon orat* de Cokesford.

Ex

Regiftro Pri-

TE
areel)IB for m;l)t(\0, Simeon Dunelm.
1

TE
,

lDl>l$tiprmu>,
Tithing,- penny,

Anno 1 144. ing to the Temple at Jerufalem, and not far from Tbirding penny, the Sepulchre of our Lord: They entertained Tething-pemty, fmall Tax or Allowance 10 the Chriltiun Strangers and Pilgrims charitably
in

Shcrif from each Tithing, toward the Charge of keeping Courts, fcyv. from which l'nty Hum- of the Religious were exempted by cxprcis Charter from the King. As Hen. 1. to the Abby of Reading. Abbas cf Monachi tie Radinge haltant omnia

their

Armor

led

them through the Hvly Land,

;

it tenement/* fua c/uieta de tributis leftagiis tedinpeni &> unpen';, de fuinmonitibus, de affifis, &cCamilar. Abbat. Reading. MS. f. 2. a. SCi.llUlir, Teinlanda, Tainland or Tlainland, as if we fhould fay, the Land of a Tbaine or Noble Per fon. Breve Regis tVillielmi Junioris, lib. Ramtf. they grew too potent and rich, the whole Order Willielmus Rex Anglic, W. de Caba- was fuppreffed by Clemens Qumtus, Anno 1307. fe. 1 78. nils falutem Prdcipio tibi tit facias convenire Jbiram by the Council of Vienna 1311. and their Subde Hamtona, judicio ejus cognosce ft terra de Ifbam ftance given partly to the Knights of St. John reddidit Jirmam Monacbis faniti Benedieii tempore Pa- of Jerufalem, and partly to other Religious. Et fi ita invent, fuerit, fit in Dominio Ab- Caffan. de gloria mundi, par, 9. Confid. J. And fee tris mei ;
',

&

to view the facrcd Monuments of Chriltuniiy, without Fear of Infidels for at firll their Profcflion was to defend Travellers from Highwaymen ard Robbers. This Order continuing and incrcafing for near Two Hundred Years, was far fprcad in ChriUcndom, and particularly here in England. But at length fomc of them at ftrufalem, falling away (as fome Authors report) to the Saraieni, from Chriftianity, or rather bccaulb

&

batis.

Si vero

Teinlanda

tunc

fu.ffe

invenietm, out

earn tenet de Abbate, teneat Qp recognofcat; quod fi novide ne daluerit, earn Abbat in Dominio babeat, mor ind* amplius ad nos redeat Teftc VV. Epiic.

&

Dunelm.
ra

Where

Hereditaria

c? colonorum

Teinlanda feems to fignify TerAcfervituti obmxia.

I

cording to Dome/day, Land holdcn by Knight's Service was called Tainland, and holdcn in Socage, ftill called Reveland. Co. on Liu. feB. 1 1 7. Mafler of the Temple. Of thcfe Knight* S/t\r Is the Third Part of a Pipe, viz- Forty- read Mr. Dugdale's Antiquities of Wartvickjbire, fit. Two Gallons. Sec Tierce. In anticnt Records, they were alfo called 706. Mon. Angl. 2 Cellfr Is an Officer of the Exchequer, of Fratres Militia Templi Solomonis. which there arc Four whole Office is to receive par. fol. 554. b- About Nine Years after their all Monies due to the King, and to give the Inftirution, they were ordered by a Council held Clerk of the PeU a Bill to charge him therewith. at Triers, to wear a white Garment, and afterThey alio pay to all Pcrfons any Money payable wards in the Pontificate of Pope Eugenius, they by the King, by Warrant from the Auditor of the wore a Red Crofs on their Garments. The Temples which wc now call the Inns of Receit, and make weekly and yearly Books, both of their Receipts and Payments, which they de- Court, was the Place where they dwelt, and in the Middle liver to the Lord Treafurer. Temple the King's Trcafure was STfUnjianl):x Arc written Evidences of Things kept.
1
I

1 Edw. 1. cap. 24. Thcfe flourifhed here England from Henry the Second's Days, rill they were fupprcfTed. They had in every Nation a particular Governor, whom BraBon, lib. 1. The Macap. 10. calls Magifirum MilitU Tempi. Parliafitr of the Temple here was fummoncd to ment, 49 Hen. 3. m. 1. in Sihedula. And the chief Miniftcr of the Temple ChurJ? in London, is

Anno
in

It is 2TempO2attlf0 of Biffoop*, Temporalia Epifcopocompounded, front the Sax. Tellan, and from the Greek VMC*, fribo, cjuafi a rum, Be fuch Revenues, Lands, and Tenements, Tamen ferventur and Lay-fees, as have been laid to Bifhops Sees, Telling any Thing by Writing libri primordiales cum aliis telligraphis. by Kings and other great Pcrlbnages of this Sec Thelonium. LfiOllium. Land, from Time to Time, as they arc Barons, ITC Otlium, A Toll-Booth. Cutbbertus Tonftall and Lords of the Parliament. Sec Spiritualties of Telonium Ar.glice, the Toll-Booth, in foro Dunel- Bijhops.From the 31 E. 1. to the Time of the ReHill. Dunelm. menfi ccnjlruxit. apud Whartoni formation, a Cuftom did obtain, that when BiAngl. Sacr. P. 1. pag. 785. fhops received from the King their Temporaries, itfltDCVC Is that Work or Labour which the they did by a folcmn Form in Writing renounce Tenant was bound to do for his Lord for a cer- all Right to the faid Temporaries by Virtue of tain Number of Days: From the Sax. Tellan, nu- any Papal Provision, and acknowledged the Remerare, and wore, opus: It is mentioned in Thorn, ceipt of them only owing to the King's Bounty. Anno 1364. Et debet qualibet fiwoltnga arart 6 This Practice began on the Occafiou of a Bull acrai de Tclworc, 1 acras de fwodleybon Qf> pra- of Pope Gregory 8. which conferred the Sec of diilus 6 acras feminare. Worcefier upon tVilliam de Gainsborough, and comSEimentait or arenmrnrafe, A Tax of Two mitted to him Adminiflrationem Spiritualium Q9 Which Shillings upon every Plough-land. Anno Temporalium Epifcopatut pradicfi. 1193. prime die Aorilis pradiBus Rex Angli* {i.e. Claufe the King obliged him to renounce, and Rirardus) celebravit tertium diem colloquii fui {videl. ordered a like Renunciation to be always ob-

part

dicere,

&

apud Nottingham) in quo conftituit fibi dari ferved. term totius Anglia duos folidos, CemutatiO, Rrffius quod ab antiquis nominatur Tcmcntalc. Hoveden, lemptatio panis fiat bis Hift. f. 419. See Tenmentale. n. 51.
in Cencilio

de itnaquaquc carucata

tentatio,

in

anno.

Affay or Trial, Cart, ao E. 1.

tmvw #k:IToni0 vol prflonx, Mali-time, Sbtmpcrarr, To come betimes, or to do ft in due Time. Volo etiam quod omnes Addit. ad Matt. Parif. pag. Burgenfes mei, qui forces 168. viz Ulud mane fie tempcratur ut nulli fit one- habuerint tempore Peflonis in Charta &pc. Hamonis de Mafly, fine dat. See Pejfona, which rofum, fed ad a/fimentum omnium infirmorum, (b'c STi'mplrrs, or &mgl)rs of Mm rmplr, (Tem- I take to be from Michaelmas to Sr- Martin 's Day, Was a religious Order of Knighthood, in- Novemb. j i. After it was called Retnpa/.naplarii) itiated about the Year 1119. and fo called, bc- giiim.
Thing
caufe they dwelt in Part of the Buildings bclong-

Crinpus

iTeiiemcntarp JLanP, The Saxon Thanes who Cempuflf pingueoinio * BrmatfonisS. Et fcieninter poffeffed Bockland, or hereditary free Eftates, diquod tcmpus pinguedinis bis computatur ad Vincula 6 Exaltationem San9< vided them into Two Sorts, Inland and Outland. fefium beati Petri Cru is, &> tcmpus firmationis inter fefium fanfti The Inland was the Demains which the Lord kept Martini &P Purificationem BeaU Man*. The firft in his own Hands. The Outland was granted out is the Seafon of the Buck, the latter of the Doe. to Tenants under arbitrary Rents and Services, and therefore called See Firmifona. Tenementary Land, the TeIt nants Land, or the 2Cftia Was that which we now call a Coif: Tenancy. See Spelman of Feuds, is mentioned in a Council held at Lambeth, Anno cap. 6, 7. 2Cenrmenri0 =Hegati Is a Writ that lies to 1281. cap. 22. Et cum corona fit Character Chrijlior any other Corporation, (where the revelati cordis ac patuli radiis calefii- London, ana militU, bui infigne, ipfi ut vera: iter ofiendant fe bujus Cha- Cuftom is, that Men may demifc Tenements as 'ell as Goods and Chattels by their laft Will,) ralferis titulum erubefcere, tena coronas abfiondur.t

dum

&

for the Hearing any radios repellentes, &>c. en Controverfy touching the lefies 4[enam\<0 (Anno 23 Eliz.. cap. \) Are Houfes fame, and for rc&ifying the Wrong. Reg. Orig. for Habitation, Tenements or Places to live in, fol. 244. STtnenf or tenant, Tenens, From the Latin held of another. Tenere, to hold, fignifies one that holds or poffeflesLands or Tenements by any Kind of Regis Angli* primogenitus omniRight, ;///?>
tjiiafi

bus, &Pc. EDwardus Salutem Qp amorem. Sciatis quod de- either in Fee, for Life, Years, or at Will. The Word in Law is ufed with divers Additions, as dimus &> affignavimus in Tenenciam dileBo fideli Yvoni Paitntun omnes terras cum fuis juribus OP Tenant in Bower, which is flic that poffeffes Land noftro Bedelli inimici nofiri in by Virtue of her Bower. TeKitchin, fol. 160. pertin. qu fuerunt Hugonis Tenendas ad noflr* benepla.itum vo- nant per Statute-Merchant, that holds Land by Villa de Afhele. Virtue of a Statute forfeited to him. Ibid. luntatis, nifi al'ufuis qui nobifium perfonalher interfuit fol. Tenant in Frank- Marriage. Ibid. fol. in confiiBu apud Evefoam, quarto die Augufii, manus 172. 158. ad eafdem. Et idea vobis mandamus, QPc. He that holds Lands or Tenements by Virprius pofuerit Dar. Ccftriae 14 Angufti, AnnoRegni Domini Re- tue of a 'Gift thereof made to him upon Marrinoltri 49. Tenant by the age between him and his Wife. gis Patris That holds for his Life, by Curtefy, Id. f. 195. Statut. Reafon of a Child begotten UTenanDjitlS*, The fame with Tenens. by him of his Wife, Statutum efi being an Inheritrix, and born alive. Tenant Roberti Regis Scott*, cap. 4. par. 3. by gp ordinatum quod licet in pofierum Dominus Rex de Elegit, that holds by Virtue of the Writ called &P li- an Elegit. Tenant in Mortgage, that holds ditto Comitatu aut Dominio cum Tenandriis by Means of a Mortgage. Tenant by the Verge in antibere tenentibus per cbartam fuam infeodaverit aliquem, ent Demcfne (Id. fol. 81.) is he that is admitted HJenD Seems to fignify as much as to offer, by the Rod in the Court of antient Demcfne. mew forth or endeavour ; as to tend the Eftate of Tenant by Copy of Court-Roll is one admitted TeOld Nat. Brev. nant of any Lands, &>c. within a Manor, which of the Demandant. the

&

&c

Party

fol.
76".

123.

To

tend

an

Averment.
Staundf.

Britton,

cap.
fol.

To

tend to Traverfe.

Prtrog.

16.

ITfllDtT

Tendre,
fignifies

i.

the French and afed adjc&ively, But in a the fame with us in Englifb

May
it

feem

to

come from

tener,

delicatus,

legal Senfe
offer,

denotes as

much

as carefully to

or circumfpe&ly to endeavour the Perfor-

mance of any Thing belonging to us. As to tender Rent is to offer it at the Time and Place where and when it ought to be paid. To tender
his

Law

of

Summons.

Kitchin,

fol. 197.

Is to

offer himfclf

ready to make

prove that he was not

his Law, whereby to fummoned. See Law. See

Make.
STenDing 12>ennP.

HZcntmentlHs (or Terra exterior) Is Land which was poflefled by the Tenant, and diftinguifhed the Demcfne Land of the by that Name from Lord which was Inland, or Terra interior. See
Inland.

See Tithing Penny. Signifies moft properor Home-ftall; but more largely eily a Houfe ther for a Houfe or Land that a Man holdeth of Kitchin, fol. 99. For if there be Lord, Mefnc another, and joined with the Adje&ivc Frank, it and Tenant, the Tenant is very Tenant of the Tenant Percontains Lands, Houfes, and Offices, wherein wc Mefne, but not to the Lord above And avail. See Peravail. PI. Cor. 197. and F. N. B. have Eftate for Term of Life or in Fee See Dyer's Com. fol. 2 J. num. in this Scnfe, Kitchin, fol. 41. makes Frank-tene- \fol. 136. 156. So that have equal ment and b.i/e Eflate oppofite to each other. Li there are alfo Joint-tenants, the fame Sort Britton lifts it, cap. 27. as alfo Right in Lands and Tenements by Virtue of one Br ikon doth the Latin liberum tenementum, lib. 1. Title. Lit. lib. 3. cap. 3. Tenants in Common, that have equal Right, but hold 6. cat. 5 by divers Titles,

Wcnemtnt, Tenementum,

out of Mind have been demifable, according to the Cuftom of the Manor. Wefi. Symbol, Tenant by Charter is he part 1. lib. 1. feci. 6/1.6. that holdeth by Feoffment in Writing, or other Deed. Kitchin, fol. 57. There was alfo Tenant Tenant in Burgage, Tenant in by Knights-Service, Socage, Tenant in Frank fee, Tenant in Villenage. So is there Tenant in Fee-fimple. Kitchin, fol. Tenant in Fee tail. Id. fol. 153. Tenant at 150. the Will of the Lord, according to the Cufiom of the Tenant at Will by the Manor, Id. fol. 132, 165. Common Law, Ibid. Tenant upon Sufferance, Ibid. Tenant of Eftate of Inheritance. Staundf. Praerog. Tenant in Chief, that holdeth of the fol. 6. King in Right of his Crown. F. N. B. fol. j. Tenant is he that holds of the Pcrfon the King of of the King, Ibid, or as fome Honour. Ibid. Very that holds Tenant, immediately of his Lord.

Time

&

&

Tenant. Staundf. Prtrog. fol. Sec Coke in 13. that holds only for his Term. Sir Witt. Pelham's Cafe, lib. 1. fol. 15. called Term See Plowd. for Life or Tears. Cothirjl's Cafe, fol. 25.
Ibid. cap. 4.

Particular

Tenant. Kitchin, fol. 134. He that hath no other joined with him. Several Tenant is oppofite
Sole

to

to foint- tenant, or Tenants in Common. Tenant a! 40 Acres, cither to plough, or ro keep it inis he againft whom the Writ Precipe is to clofed or fenced. So in the Book of the Priory Precipe be brought. Co. Rep. lib. 3. Cafe of Fines, fol. of Dunfiable, Ejl fraturst illud tcnfabilc per tetum 8. ajinum. 88. Tenant in Demrfne, 1 3 Ecap. 9. 3 2 R. is he that holdcth the Demeans of a of Bread. sCrntatea parti*, The cap. 37.
I

Manor
Service,

for a

Rent wirhout
1.

ESTay

by Service.

all EcclcSiaftical Livings pay to the Bifliop of Rome does though H. originally pretend Right to this Revenue, by the rap. 96. C.ir fealty, &c. Tenant by Execution, 32 8. cap. 5. that holds Land by Virtue of an Exe- Example of the High Prieft among the Jews, cution upon any Statute, Rccognifancc, &V. with who had Tenths from the Levitts, Numb. cap. 8. Hierom. in Ezecb, Yet we read in our Chronicles, divers others. EnURtibutf in Ufflfa nan oiierantii^, 8cc. Is a That thefe were often granted to the King by Writ that lies for him to whom a DifTcifbr hath the Pope upon divers Occafions. Sometimes for alienated the Land, whereof he dilfeifcd another; one Year, fometimes for more, till by the Stathat he be nor molefted for the Damages awarded, tute 2d H. 8. cap. 3. they were annexed perpetuSee Difmes. It Signifies a if the DifTeifbr have wherewith to Satisfy them ally to the Crown. Tax alfo levied of the Temporalty. 4 Infi. fol. 34. Rett, of Writs, fol. 214. b. himfelf. 3Lfnerur.i for Tenura, fometimes it is taken for Firft-Fruits and Tenths were firft on Occafion Tencmentum. given, and gradually by Cuftom claimed. a an 2uf iltn'ueo, A Saxon Word Signifying Decanus, Acknowledgment to the Sec of Ro-ne. The Tenths Conf. cap. of all Ecclcfiaftical Benefices in England were Caput vel Princeps decurin. Leg. Edw. Statuerunt Jufiiciaritis fuper quoff, decern fribor- firft allowed by. Pope Innocent IV. to King Hen. 329. veto Anno 1253. for Three Years; which occasioned gos, quos Dccanos poffumus appellate, Anglice the Norwich Taxation, Anno 1 2 54. This proved a Ticnhcofod di li funt. See Frank pledge. Rex Henricus 5. -viliam great Oppreilion to the Clergy, and was foon STcnifiac, Tennis-Play. For when the Pope had de Harefiete terra mariq; objidione circundans immerifis made more grievous. molibus ultra muros per Macbinas bellicas again granted the Tenths to the King for Three petrarum ludendo cum Francigenis, ut vulgo di- Years ; for a Cjompenfation of what they fell introjeclis, ijuaji Hift. fhort of the citur ad Tcnifias, ipfos acriter impugnabat. expected Value, the King in the 53d Year of his Reign, Anno 1269. made the Clergy Contin. p. 500. Croyland 2Cminaiifale (Sax. Tienmar.tale, i.e. decemviro- pay within thofe Three the Tenths of Four Years. LL. Edw. Conf. And again, Anno 1288. \6Ed.1. when Pope rum numeral") Decuria, Titbinga. Et fint quieti de Geldis, & Dane- Nicholas IV. granted this Favour to the Crown cap. 20. 8P Scot- for Six Years, towards an Expedition to the Holy geldis, & Thcmanatale, f^ Concelationibus, that they might be then collected to the &>c Chart. 29 Ed. 1. p. 2 J. Abbat. de Thorn- Land tis, Alio an antient Tax fo called. See Tenmen- full Value, a new Taxation by the King's Preton. tale, and Friburg. cept was begun Anno 1288. and finished Anno The proper Signification of the Word is, viz. 1 29 1. 10 Fd. 1. by the BiShops of Lincoln and The Number of Ten Men, which Number, in Winchefler. For a particular Account whereof, the Time of the English Saxons, was called a fee Mr. Kennet's Parocb. Antiq. p. 31 5. that ZTentO,?, A Stretcher, Tryer or Prover, which Decennary, and Ten Decennaries made which we call an Hundred The Ten Men were Dyers and Clothiers ufe. Anno 1 R. 3. cap. 8. bound for each other to preferve the publick but prohibited by 39 Eliz- cap. 20. 3Tmure, Tenura, And is properly derived from Peace, and if either of them was guilty of a Breach of the Peace, the other Nine were to make the Latin tenere, to hold, and accordingly in the Satisfaction or to bring the Criminal to Jufticc. Grand Cujlumary of Normandy, cap. 28. it is thus Tenure is the Manner whereby Tenc defined See Friburg. It Signifies alfo a Duty or Tribute payable to ments arc holden of their Lord?. What may make the King. Hoveden mentions it in this Senfe, pag. a Tenure, and what not, fee Perkins, cap. 10. ReAnd in that Chapter you Shall find dari de unaquaque car- femations 70. 737. oiz- R'* conftitutt fibi rucata tore totius Angli* 1 folidot, quod ab antiquo the molt of thofe Tenures recited that bo now becaufc every ufually in England. See Cromp. Jur. fol. 200. New vacatur Tcnmantalc, probably Man of the Decennary was bound to fee it Book of Entries, verb. Tenure. Mr. Fabian Philips's Book entitulcd Tenenda non Tollenda, and the Stat. paid. SErmOJe inoitonienfi miftentio Is a Writ where- 12 Car. 2. cap. 24. The Family of Barnbams hold an Indiffment, and the Procefs the Manor of Nether-Biljington in the County of by the Record of to carry the laft Difli of is called out of another Court into the Kent, by this Tenure, thereupon a. the Second Courlc to the King's Table at his Chancery. Reg. of Writs, fol. 69. and prcfenting him with Three Tenore prsfentinm, Coronation, ailje Sf 110/ Of tljefe IVf (e\\tB, or rather the Maple Cups, which was performed at the Corona Is the Matter contained therein, In true Intent and Meaning thereof, as to do fuch tion of King Charles the Second. See Capite. a Thing according to the Tenor of a Writing, is Scotland there be Four Manner of Tenures, the to do the fame according to the true Intent and Firft is pura Eleemefyna, proper to fpiritual Men,
flat.
I.

10 Edw.

Service. Tenant on is he that holdcth

HTfiitli^,

Detim*,
for

Are that yearly Portion or

Tribute which
the

Vide

Britton,

cap. 79.

in principio&>

King

t hereof. paying nothing for it but devota Animarumfuffragi*. The Second they call Few or Few-fcrme, which 2Ccnfarr, To teen, to fence or hedge tn or others, Liceat Abbati & Conventui de Rading inchidere, fojfa- holds of the King, Church, Barons, &* tenfare pr.eciicrum pratum quibtifcunq; W/j' paying a certain Duty called Fcuda firma. The re, Cartnlar. Radinges, MS. f. Third is a Hold in Blench, as they term it, by melius viderint. Terra tenfabilis, i. e. Land fenced about. Payment of a Penny, a RoSe, or fuch like Thing, 102. 612. if demanded in the Name of Blench, id ejf t nomi-l It is mentioned in the Monaftic. 2 Tom. pag. Acras terr* ad excolendum vel ad ne alb* firm*. The Fourth is by Service 01 Ward J viz- Clandemui 40 h h tenfandum ad libitum nojlrum, i. e. let us enclofc

Meaning

'

TE
lis

TE

Cerra eufenDenua Is a Writ directed to the and Relief, where the Heir being Minor, is in the Cuftody of his Lord, Qpc. Skene de verbor. ftgnif- Efcheator, &>c. willing him to enquire and find out the true yearly Value of any Land, &c. by verb. Haubcrt. Mandatum eft Petro de Rival- the Oath of Twelve Men, and to certify the ExSTcrlf rum,
quod habere faciat Fratribus minonbus de Noting- tent into the Chancery, &>c. Reg. of Writs, fol. quinque terleta in forefta de Shireivode ad ftalla 293. b. Clauf. 26 Hen. 3. CflTa frufca. Continensxl acras terra: fua facienda de actio Regis. m. 3. frufcae, pafturx, &V. Mon. Angl. 2 Par. fol. 327. STirm, Terminus, Commonly fignifies the b. Frcfh-land, or fuch as hath not been lateBounds and Limitation of Time, as a Lcafe for ly ploughed. This is clfewherc written Terra

ham

Term of Life or Years. BraBon, lib. 2. cap. 6. Frifa. But more notedly it is ufcd for that Cerra (Bilifojara, Land held by the Tenure 4. Time wherein the Tribunals, or Places for Judg- of paying a Gilliflower. MS. Cerra fjptiara was Land fubje&to the Payment ment, arc open to all that think fit to complain of Wrong, or feck their own by due Courlc of of Hydage, and the contrary was terra non hydata. Law or Action the reft of the Year is called Va- Sclden. Of thefe Terms there be Four in every Cerra furrabiltf. Tarn in Mora, quam in tercationYear, during which Time Matters of Juftice are ra, lucrabili &> Marais, cum omnibus pifcariis fuis. Mon. Angl. 1 Par.jW. 406. a. Land that may be difpatched. One is called Hillary-Term, Terminus Sandi Hillarii, which begins the 23d of January, gained from the Sea, or inclofcd out of a Watte,
num.
;

or if that be Sunday, then the next Day after, and endeth the 1 tth of February following. The Second is Terminus Pafcha, Eafter-Term, which
begins the

to a particular Ufc.

Wednefday Fortnight after Eafterday,

and ends the Monday next after Afcenjion-day. The Third is Terminus Trinitatis, Trinity Term, beginning the Friday next after Trinity-Sunday, and ending the Wednefday Fortnight after. The Fourth is Michaelmas- Term, Terminm SanBi Micbaelis, which antiently began the 9th of October
;

but by the Statute made 17 Car. t. cap. 6. redueft ced to the 23d of October, unlcfs it be Sunday, ra Normannorum Paroch. Antiquit. pag. and then to the Day after, and ends the 28th of 197Termini apud nos dicuntur 2Terra nOba, Sape legitur in Cartis feodalibus November following.

Cerra jScvmannonim. In the Beginning of H. 3. fuch Land in England as had been lately held by fome Noble Norman, who by adhering to the Fremh King, or Dauphin, had forfeited his Eftatein this Kingdom, which by this Means became an Efcheat to the Crown, was called Terra Normannormm, and rcftored, or otherwifc difpos'd at the King's Pleafure. An. H. S. 3. Rex Vt ecom. Oxon. Salutem. Scias quod commiftmus Thorn* Baffet manerium de Kirtlington Terqua

&

Prior Lew. pag. 1. Reddat pro Spclm. fium. SCerra "ufwata. See Putura. Cermini cenfualeff, Rent Terms or Times, the Four quarterly Fcafts upon which Rent was 2Tfrra fabulofc, Gravelly or fandy Ground Ego Johannes filius Magi/in Et predict* 24 acre terra: valent per annum 1 3 fol. ufually paid,
fcrenvel noviter ajfarta.

certs anni portiones agendis litibus deftgnatx. ratione terminorum Spelman, t>e origine

&

Sec in

cenfualibus fchedulis, vel pro terra ncviter

conceffa,

nova terra,

fol.

Ad* de Lincoln de SanBo Edmundo concejfi Johanni Abbati de S. Edmundo viginti folidatas (juieti redditus ad terminos ccnfualcs Ex Cartular. S.
Edmundi,

df> 4.

10

plus, quia eft terra iabulola. Inq. Norf. in Turr. Land. cftrrrabrffita Is ufed in old Charters for Land

denar
3.

& non

. 3.

MS.

f. 238.

fown with Corn.

CermonlanD Seems to be the Glebe-land, or Land belonging to the Church, anciently fo called, efpecially in Ireland. CertUOJ, Tenens ex termino, Is he that holds for Term of Years or Life. Kiuhin, fol. 151. Littleton, fol.

Sdant quodego Acentum acras terra; Wainabilis &V. Penes Eliam Afimole Arm. Tillable Land
jaiamabtlifi
dedi
1

Cerra

licia

Malet

trra Miarefla, Bum.

Fallow Land.

See

Ware-

100.

Cerr*, It is to be obferved, that in all the Surveys of Tenure in Dome/day Rcgiftcr, the Word Terra is always taken for arable Land, and always fo diltinguimcd from the Sylva, Pratum, &c. See Kennet's Glojfary in Terra. Cerra affumafa, Land let to Farm.

arerra tfUaretU18fa, Land that has the Liberty of Free Warren terras Quod ipfconcejfijfet
1.

Mas

effe

W'arennatas.

Rot. Pari. 21 Ed.

erras bofralefl, Woody Lands. Inq. Car. 1. numb. 71. arerras rertiojum May be

2 par. 8

Lands: Some Tenants

E^/i/WThirdlingbelonging

de terris tertiorum

that is tilled, or manured ; to thcCommandry ofDynmorein Com. Heref. were and terra inculta, the contrary, where there is bound to pay a Third Part of their Goods to their Mention of Terra culta, and Terra inculta. See Lord at their Dcceafc. Antiq. Rentals de DynWacnoth. Mon. Angl. 1 par. f. 500. b. more. Cerra tiebilt*, Weak or barren Land. Item Cerr* tfffamenfflle.^, Lands that were held from fcodal Services, in Aliodio, in Soccage, ibidem una carucata terras dcbilis. eft Inq. i.2 free dcfccndible to all the Sons, and therefore called R.2. Cerra tionrinira be! inuomtntcara, Prtdkrum Gavelkind, were devifable by Will, and thereupon called Terra teftamentales, as the Thane who pars eft, qux ufui ipftus domini refervata, non coloniis pofThe demain Land of fcfled them was faid to be teftamento Aignus. Vid. nee emphiteuticariis comeditur. Sir Henry Spelman of Feuds, cap. 5. a Manor. Totam illam terram exCerra eiCUlfauilitf average, Terragium. Edwrd the Third granted cultabilcm, quam habuit apud Norwicum in Campis. to John of Gaunt, and Blanch his Wife for their Mon. Angl. 1 Par. fol. 426. b. Land that may Lives, Quod fint quieti de Theolonio, Pajfagh, Socca-

Cerra

culta,

Land

be tilled or ploughed.

gio, Laftagio, Tallagio, Caruagio, Prifcagio, Pickagio

c>

T E

E
Tier.e of

Cuftody King's brancer in the Exchequer, faid to be compiled by Jollan de Nevil a Jufticc Itinerant in the 18. and 24 of H. 3. containing an Account of all Land* held in grand or petty Scrjcamy, with Fees and Efchcats to the King, &e. efpecially within the See Mr. NiMfon\ Engl. tii, qui alien jus pretii erant, cujufunque feodi fuiffent, County of Hereford. omnes homines Regis effeili funt, Anno 1084. Library, P. 3. p. 103. Rex Willielmus accepit dominium omnium terrariorum jffrftvmtprtf, Teftamentum, Is thus defined by Anglij etijufuncjue feodi effent, juramentum fidelitatis Plcwden, Tcrtamcntum eft teftatio mentis. A TeftaAnnal. Waverlienf merit is a Witnefi of the But Aulus Gellirecipere non diftulit. arcrrontia asriobiatis, An Officer in religious us, lib. 6. cap. 11, denies it to be a Compound Houfcs, whofc Duty perhaps was to keep a Terrier Word, and faith, It is Verbum fimplex, as Calceaof all their Ettatcs, or to have their Lands exact- mentum, Paludamtntum, &f>c. And therefore it may Johannes de Nevil be thus better defined, Teftamentum eft ultimt voly furveyed and rcgiftrcd. ad excitationem Richardi de Byrtley Tcrrarii, 8* luntatis jufta fententia. eo quod quis mortem fuam poft Jobannis de Cornval Feretarii fecit circa Feftum Nt- fieri vult, eft-. Of Ttftaments there are two Sorts, tivitatis S. Jobannis Eaptifig novum opus In Ecclefia viz. a Teftament in Writing, and a Teftamtnt in anno 1372. Hift. Dunclni. apud Whar- Words, which is called a Dunelmenft, Nuncupative Teftament, toni Angl. Sacr. P. 1. p. t6o. Mr. Davits in his which is, when a Man being fick, and for fear Rites and Monuments of Durham, calls him the Ter- left Death, want of Memory, or Speech, fhould rer, and implies, That one Part of his Office was come fo fuddenly upon him, that he mould be to entertain the better Sort of Guefts Poffibly prevented if he ftay'd the Writing of his Tefta the Convent Tenants, when they came to pay ment, defircs his Neighbours and Friends to bear Witncfs of his lad Will, and then declares the their Rent, Sft\ ITerriH.bonijS 9 cafalliiS tehabmoifl poff purqas fame before them by Words, which after his tt'onem Is a Writ that lies for a Clerk, to recover Deceafe is proved by Witneffcs, and put in Wri his Lands, Goods, or Chattels, formerly feifed, ting by the Ordinary, and then ftands in as good after he hath cleared himfelf of that Felony, Force as if it had at the firft, in the Life of the
Glebe- Lands in 'England made about 1 1 . 3. SCi'rrantiP, A Land-holder, or one who pofleffes many Farms. Anno Regis W. 10. Rex tenuit Curiam J'u.im apud Wintoniam ibiqiie venerunt contra turn ou:e< Barones fui, ry omnet Tcrrarii bnjus Reg-

STCrrnr, Terrarium vel catahgus terrarum, Is a man. Taiffon, Teffon, a Grey, Brock, or Badger. Book or Roll, wherein the feveral Lands either Et omnia placita de leporibus, rtcbibus, by erne of a (ingle Pcrfon, or of a Town, arc defcribed, 8ii,tetton'\b\is,vulpibus, Sec. Blount of Tenures, pag. containing the Quantity of Acres, Boundaries, Tenants Names, and fuch like. 18 Eliz- cap. 17. ITeffa be fftrbll, An ancient and authentick In the Exchequer there is a Terrar of all the Record in the of the Remem-

G^Tcrragio, which fecms to be an Exemption, a Icaufc it j the Third Part of * Tun. A Precariis, viz. Boons of Ploughing, Reaping, 8ft:. Wine. and perhaps from nil Land-Taxes, or from Mo STerfium Denarium. Sec Third Penny. ncy paid for digging and breaking the Earth in CrfiBfluuiUF, the River Ttft. Fairs and Markets. Kttto, Lat. Tatus, Taffui. Ital.

Taffo.

Gcr

&

Mmd

upon Sufpicion whereof he was formerly convict- Teftator, been put in Writing, except only for ed, and delivered to his Ordinary to be purged. Lands, which arc devi fable but by a Teftament put in Writing in the Life of the Teftator. See Reg. Orig.fol. 68. HEerno liberanois Is a Writ that lies for a Co. on Lit. lib. 2. cap. 10. feB. 167. Plov/d. fol. Man convi&ed by Attaint, to bring the Record 541. Paramore and Jurdley's Cafe. Co. 6. Ref. and Procefs before the King, and to take a Fine Marquefs of Winchefter s Cafe. Teftament was ancifor his Imprifonmcnt, to deliver him his Lands ently ufed (according to Spelman) pro Scripto, Cbarand Tenements again, and to releafe him of the ta vel Inftrumento, quo prtdiorum rtrumve aliarum Reg. Orig. f. 232. It is alfo a tranfaBiones perficiuntur, fie diBum quod de ea re vel Strip and Waft. Writ for the Delivery of Lands to the Heir after teftimonium ferret vel teftium nomina cor.tineret Homage and Relief performed, [bid. f. 193. Or Si quit contra hoc me* autbtritatis teftamentum alt Charta upon Security taken that he fhall perform them. quod machinari impedimentum prafumpftt. Ib'ni. Croylandix ab .Xthclbaldo Rege. Anno Domini fol. 3 3. Ctrr**'mant, Terr* tenens, Is he who has the 716. aflual Pofleflion of the Land, which we othcrwife ITcflafo;, Lat. He that makes a Teftament. See call the Occupation. 59 Eliz- 7. For Example, a Stv'mbume of Wills and Teftamenti. See Wills. And Lord of a Manor hath a Freeholder, who lcttcth efpecially fee a Diflcrtation of the Probat of ills or Teftamcnts by the Learned Sir out his Freehold to another to be occupied ; this Henry SpelOccupier (having the a&ual Poftefiion) is called man among his late Remains, p. 127. the Terre tenant. Weft Symbol, part 2 Tit. Fines, JFefrarum Is a Writ in perfonal Actions, as feet. 194. Britton, cap. if the Defendant cannot be arretted upon a Capias 137. Cromp. Jur. fol. in the County where the A&ion is laid, but is 29. Perkins Feoffments, 231. this STerriB * catalliB trntiiS ultra oebitutn lebafum returned Non eft inventus by the Sheriff Is a Writ Judicial, for the reftoring of Lands or Writ (hall be lent out into any other County, Goods to a Debtor that is diftrained above the where fuch Perfon is' thought to have wherewith to fatisfy And this is termed a Ttftatum, becaufe Quantity of the Debt. Reg. Jud.f. 38. 2Tf rfe Is a certain Meafure of liquid Things, the Sheriff hath formerly teftified, that the Defenas Wine, Oil, &c. containing the Sixth Part of a dant was not to be found in his Bailiwick- See KitchTun, 32 Hen. 8. 14. or the Third Part of a en's Return of Writs, f. 287. %tStt Is a Word commonly ufed in the laft Pipe. is containSTerttail, A Meafure containing Fourfcore Part of every Writ, wherein the Date and Four Gallons, mentioned in the Statutes ed, which begins with thefe Words, Teftt meipfe, Ric 3. cap. 132 Hen. 6. cap. So called be- V. if it be an Original Writ ; or if Judicial,
.

Hhh

Ttfti

T H
or Roberto Eyre milite, Tefte Roberto Raymond milite, according to the Court whence it iflues. Yet we read in Glanvile, lib. 1. ca.6. &> 13, and lib. 2. cap. to be Tefte 4. the laft Claufc of an Original Writ Raduloho de Glanvilla apud Clarendon, &V. and divers Times in the Regifter Writs, Tefte Cuftode
Aneli*, as

TH
Conqueft the
fol.

and Confutation,

nors, and had a particular Jurifdidion within a Certificate under their Limits, and over their own Tenants in their the Hand of a Jufticc of Peace, tcftifying the Courts, which to this Day are called Courts- BaPlace and Time when and where a Soldier or ron : But the Word fignihes fometimes a NobleMariner landed, and the Place of his Dwelling man, fomctimes a Freeman, fometimc a Magiand Birth, unto which he is to pafs, or fuch like. ftrate but more properly an Officer or Minifter of the King. Edward King prete mine
fol. 54. areliurtonu!, 39 El. 17.

namely

of in the Title Prohibition,

42.

Word was difuled, and inftead thereof, thofe Men were called Barones Regis, who as to their Dignity, were inferior to Eurls, and took Place next after Bifhops, Abbots, Barons and Knights. There were alfo Thaini minores, and thofe were likewife called Barons They were Lords of Ma:

Name of Dignity, equal with the Son of an Earl This Appellation was in Ufe among us after the Norman Conqueft, as appears by Domefday, and by Lowndes's Effay upon Coins, p. 22. WtttttB Is mentioned in fcveral Authors, to a certain Writ of William the Firjl : Willielmus Rex the New Teflament. It was written in falutat Hermannum Epifcopum, Stewinum, Qp fignify in the Britwi,SP omnes thanos meos in Dorfejirenji pago amigolden Letters, and carefully prefcrved cabiliter, MS. de Abbatsbury. Cambden fays, They Churches. were enabled only by the Office which they adminiftred. Thainus Regis is taken for a Baron. Codex aurato confeptus grammate, fcriptut,
For the
Fabrication

E. 6. cap. 17. A Sort of Mowhich, among the French, did bear the Vancy, lue of 18 Denar. But in Henry the Eighth's Time it being made of Brafs, lightly gilt with Silver, was reduced to nd. and in the Beginning of Edward the Sixth to 9 d. and afterwards to 6 d.
<ttfUon, 2
3

3 Injl.fol. 85.

&

Bifeops,

mine Thegnes on than Shiren,wher mine Preftes inPaulus Minifter habband land, Charta. Ed. Conf. Pat. 18 H. 6. m. 9. per Infpecf.
Eorles,
all

and mine

and

Lamb,
nus.

And

in his Expojition of Saxon Words, verb. ThaSkene de verb. fignif. faith, That it is a

and Value of

Teftoons,

vid.

&

AuBus Evangelicum
2Fejrtu

confervat corpore

Tcxtum.
Di *8 Mart.

1. Injl.fol. 5.

And

in

Domefday

Tenens, qui

II Ed. t. coram Judhibus apud S. Edmundum W. de Stowe Sacrifia protulit textum fedentlbus Frater Altaris vocatum le Domefday, in quo contine-

magni UUfarte,

Anno

magni

Patris Regis nunc, baturtjuod anno 24. Regis Cartular. S. Edmundi, MS.f. 174

&C. Ex

%tnw?
taining

IRoffenfitf,

Cuftoms, Tenures, &>c. of the Church of Rochefter, drawn up by Ernulph Bifliop of that See from 11 14
to
1 1

many

An ancient Manufcnpt conof the Saxon Laws, and the Rights,

Duties done of Feuds, cap. 7. Cljaccarp, Among the cuftomary Manor of Cheben2Ttjane*?Lano^, Such Lands as were granted by by the inferior Tenants of the the Abbey and Conv. of St. Ed- Charters of the Saxon Kings to their Thanes with hale, belonging to Cum cibo Domini ferculabit all Immunities, except the Threefold mund in Suffolk
Neceflity
propter

24.

See Mills, de Nobiltate, fol. 132. The Saxon Thane was fo called from Thenian, Service ; and in Latin Minifter a Miniftrando. So that a Thane at firft (in like manner as an Earl) was not properly a Title of Dignity, but of Service. But according to the Degrees of Service, Ibmc of greater Eftimation, fome of lefs: So thofe that ferved the King in Places of Eminency, either in Court or Commonwealth, were called Thani Majores and Thani Regis. Thofe that ferved under them as they did under the King, were called Thani minores, or the letter Thanes. Vid. Spelman
Caput manerii.

eft

&= thaccabit porcos, licet nul- ofExpcdition, Repair of Caftles, and mending hs porcos in bofca habeat, Jic autem thaccabit AuU of Bridges. non habeat quinque SHiafria Was a certain Sum of tributary Moft quemlibet quintum porcum, dabit adpret'mm deporcis quintam partem ney, impofed by the Romans on the Britons and porcos See Tack. their Lands, and paid every Year; which PayCartular. S. Edmundi, MS. f- 401. 1 7 E. 4. 4. Otherwife called Plain- ment continued under the feveral Reigns of the Cljacfetile, which are laid on the Side of a Saxon, Danijb and Norman Kings ; for the Word tiles is mentioned in the Laws of H. 1. c. 78. Dedit uHoufe. S. HTljanage of the IRing. Thanagium Regis, Sig- nam medietatem de terra culta &> inculta Deo or Pro- Maria cum Thafcia &> decimo, &c. nified, a certain Part of the King's Land whereof the Ruler or Governor was called <liaffare, Taffare, To lay up Hay or Corn inperty, Thane. Domania Regis Thanagia idem Significant, to a Tafs, Tofs, Stack, Rick, or Mow. Lat. Tafde Tailbois tenet in Capite de Do- fa, Taffus, Taffius. Sax. Tas. Homines de fays Skene. Ivo mino Rege Baroniam de Hephall, cum uxore fua, qua Hedingdon qui careilas non habuerint, lenient cum furWil. de Prardolfe, quant habuit ex dono cis fun ad ditlum faenum levandum thaflandum fuit filia Domini Regis. Et omnes Anteceffores fui tenuerunt di^?' careclas non habuerint adjutiabunt ad reddit Domino Regi thaflandum bladum Pro viBualibus emptis pro (tam Baronia.n in Thanagio, Paroch. Antiq' inde per annum, 50 s. Dominus vero Rex primus, viz. faBoribus taffiorum Prioris 12.
prandium uno
die

&

&

&

&

&

Will. Conq. removit illud Thanagium temp. Will. pag. 550. 3Tl)eetJ0i0niB' > Sax. thttfe, thefan, a Bardolfe ad feodum unius militis. Ex libro feod. or Set, a Standard, and fomctimes Remem. Regis in Scac. Mil.

&

Venerunt omnes <lianf : From the Sax Thenian, miniflrare : or Bough, or Arm of a Tree. Thanes were thofe who attended the Englip Saxon prxdicTi homines in eundem marifcum, proftraverunt and who held their Lands &P extirpaverunt centum 8* 33. thecvones, alios Kings in their Courts, of thofe Kings, and therefore in afportaverunt fine Jicentia ipfius Abbatii &r contra paimmediately were promifcuoufly called Thaini cem Domini Regis. Chartular. Abbat. Glafton. MS. Domefday, they Servientes Regis, though not long after the fol. 44. b.

penes

young Plant any Branch

1

&

&

Cfjrff,

TH
Is Vt)Cftj Furtum,

TH
i

an unlawful felonious taking

eorum,
rovjes.

away of another Man's moveable and perfonal Goods againft the Owner's Will, with an Intent and this is divided intoTheft Amto Ileal them fo called, and Petit 'Theft, whereof the one is ply of Goods above the Value of Twelve-Pence, and The other under that Value and is no is Felony but called Petit Larceny. Sec Larceny and Felony, from the Pcrfon, or in the Prefcnce Felony. Theft of the Owner, is properly called Robbery. Weft
;
:

vulgarly

called

Hedge

roviei,

or

Dike-

the Degrees or DiftinQions of the Saxons, the Earl or prime Lord was called Thane, and the King's Thane ; and the Husbandman or inferior Tenant was called Theoden, or Under Thane. Sec Thane.

KlWObtV, In

Perfons

among

%l)ta\.Vti,

were called

The Bondmen among our

Theories

Saxons

and

Efnes,

counted Members
Parcels of their

of the

who were not Commonwealth, but

Part 2. Tit. Inditements, feci. 58, 59, 60. CHfftbote May be derived from the Saxon a Bote, i. compenfath, and figniTbeof, i. furtum, fies properly the receiving of Goods from a Thief, to favour and maintain him, Eft quant home priji
Symbol.

Maftcrs Goods and Subftance.

Spelman

of Feuds, cap. 5.

Xtwfauriw, The Word was fometimes taken for Tbefaurarium, the As in a Charter Treafury. of Queen Maud, Wife of Hen. 1. to tcftify that Chatell Ae Larons de luy favourer mainteyner &p ne- the Manor of Levccbenor (now Leuknor) was a HunM. pag. 2. And the Punifh- dred of it fclf, and did not belong to the Hunmy autrement, 42. ment thereof is Ranfom and Imprifonment, and dred of Peritune, (now Pirton) in Oxfordfbire not Lofs of Life and Member. Staundf. PI. Cor. Sciatis quod Faritius Abbas de Abber.dona in uria Domini mei &P mea apud Wintoniam in Thcfauro ante lib. 1. cap. 43. and the Mirror of Juftices, lib. cap.

&

Dei Perches criminals alfuit

le

Roy.

Antique diceba',

tur pretium quo furti reus ft eximeret a difpendio viu hodie veto de 'tis dicitur qui furtiva bona a latrone fufce-

ra

Rogerum Epifopnm manerium fuxm

difrationavit quod Levecamnihil omnino debet in hundredo de

Peritona facere

in thcfauro,

in the Trea-

Bote pro perint, fcelcris fui fovendi gratia, quo fenfu In privilegiorum pr.ida , i alias folet, intelligendum eft. cbartis ubi ThcftbotC conceditur, tntelligitur alias effe
emenda furti fine corfideratione Curia Domini Regis. Thcftbotc (jnquit flatutum Walii.-: Anno 12 Ed. 1. -Hoc eft, emenda furti fine confideratione Curie Domini Regis. Spclm.
CtJCfiillf.

Exchequer which was then kept in WinAnd hence the Dome/day Regifter chefter-Caftle.
fury or

prelerved in that Place was called often Liber

tbefauri.
'SliefinDUtf,

arijetft^D.

the fame with Thainus. Sec Sitomagus.

And

fee 3

Infl. f.

134.

Cljethiriga,

Tithing.

Tbethingmannus, a Ti-

Sec Tbanus and Thingus.

ariielonium, or ffijeue effentu qutrrt Be tlie!o Is a Writ lying for the Citizens of any City, or Burgcflcs of any Town, that have a Charter or Prefcription to free them from Toll, againll menta Pfquarta vice piftores per Pilloriam, Braciatothe Officers of any Town or Market, who would res per tumbrellam, fiP rixatries per Thewc, hoc eft, eonftrain them to pay Toll of their Merchandife ponere eas fuper fcabellum iocat- a Cucking-Stool. contrary to their laid Grant or Prefcription. PI. in Itin. apud. Ceftr. 14 H. 7. Perhaps from the Sax. Theow, a Slave or Captive. The F. N. B. fol. zi6. Cticlonmannufr, The Toll-Man or Officer who Word is alio mentioned in Cbarkt 17 Ediu. 3 received the Toll. Proponebant quod ipfi m. 6. catalla damnatorum de omnibus feudis Abbatis habere djeprt Signifies a Freeholder, as Tbet fignifies a Servant. Fleta, 1 Lib. c. 47. par. 16. licet hoc non pojfunt ex debent, &P incontinenter feifire, tenore cartarum fuarum, cum Abbates ipfi ea femper CljingU!?, (Tbanus) A Nobleman, a Knight, or habuerint in manibus fui Thclonmanni, de pretio Freeman ; Sciatis mt conceftijfe omnibus militibks in adventu Ju- omnibus thingis Of omnibus Ttbere tenentibus, qui maquorum Ballivis Regis refponderint Chartular. Abbat. Glafton. MS. fol nent in Forefta mea de Honore de Lam after quod pcfftkiariorum. funt, &c. Cromp. Jur. fol. 197. 446. 2Cl)irDb0^0tt) Is ufed for a Conftablc, Anno 18 arijelonio rationabili fjaefnoo p?o ominiB H. 8. c. 10. And Lambard's Duty ofConftables,p. 6. hnbentiuuji ominica iRcgis aD ftrmani, Is a. Writ that lies for him that hath of the King's and feems to be corruptly ufed for the Saxon Demcfne in Fee- Farm, to recover reasonable Toll Freoborog, ingenuus ftdejujfor. Howbeit a late AuTenants there, if his Demcfne thor fays, it fignifies (more literally) tertium erdiof the
lltp,

Vid. Tithing and Titbing-men. iTljcU', Georgius Grey comes Cantii clamat in Maner. de Bufhton Ay ton punire delinquentes iontra Affifam panis & ceruifiA per tres vices per amercia-

thing-Man.

&

&

King's

have been acenftomed to be

87.

Tolled.

Reg. Orig. fol.

tie

ex decuria fdejiifforem.
2Tl)ir0ing,

The

Clltmmaqium, A Duty or Acknowledgment Grain growing on in refpccl of Theme or Death, due to the paid by inferior Tenants ntetas pradiSi manerii nullum a certain Manor, Team Infra de catero de pra- Manor of Turfat in themmagium exigatur vel capiatur STIJirD iRlgljt atonllindf, Trium noBium Hofpes t ditto Abbate Of fucceforibus fuis, vel hominibus eorunballivos vel Foreftarios prtdiffi Co- By the Laws of St. Edward, (eap. De Hcfpitibiis) If dem,per quofcunque Chartular. Abbat. any Gueft lay a Third Night in an Inn, he was acmitis -vet haredum fuorumcounted a Domeftick, and his Holt was anfweraGlafton. MS. f 88. a. blc for what Offence he fhould commit. Forman Sec Teame. UljPltl. fervum. Fleta, lib. I. Cap night uncutb, Ttva night Guefte, Third night awn,

Skinner. Third Part of the Corn or the Ground at the Tenant's Lord for a Hcriot within and Lands belonging to the the County of Hereford.

$Zl)tn 47-

Signifcat

2Thfnicium, Quod Pr, diHi Parochiam

Deci

mas inferius annotatas Ecclefiis fuis perfohant, fcilicet, De-imam laSis, ovcrum, thCnecii agrorum, apum, Agenhine. Conft; Rob. Winchclfcy y-fc. Archicp. mellis, Item utiu ur quod ft exhanei morantxrin Burgo pr*Cant. Tit. de Dccimis. Ibi Lindwode thenceii agroi. Arborum crefcentium circa agros pro cla.'fura ditto ultra tr< s dies invenient ftde\uffottt de bene gtrenrum,

bind, that is, the firft Night a Stranger, the fecond Night a Gueft, the third Night a Domeftick. Brat. lib. 3. truft. 2. c. 10. num. 2. writes Hgcnbin for

de

in- Threnges, pracipit Rex ut deeis milites fierent ad deCon- fendendam terram, fecit autem Lanfrancas Threngos See fuos milites, &c. Somncr's Gavelk. pag. 123, 210. fuetud.libcri Burgi Villas Moungom./o/. 2(5. TJncutb. They were Vaflals, but not of the lowcft Degree of thofc who held Lands of the Chief Lord the SETtjiros^ennp, Denarius tertius efi ea $ars mul- Name was impofed by the Conqucrdr ; for when ifarum forenfiumque molumentorum qua in Comitatu one Edwyn Sbarnbourn of Norfolk, and others, were olim cedebat ccmiti, Rege alias duas perciptnte. Leg. cjc&ed out of their Lands, they complained to Ed. Conf. c. 3i.fi?* babebit 100 folidos,&' Conful co- the Conqueror, infilling that they were always mitatus 50. qui tertium babebit denarium de forisfaBu- on his fide, and never oppofed him, which upris, &fc. and was anciently lb fixt, and appropri- on Enquiry he found to be true, and therefore ate to an Earldom, as the Earldom o't Oxford, in he commanded that they Ihould be reftored to the Reign of King Henry the Second, paffed by the their Lands, and for ever after be call'd Dremhes. Grant of Tertium denarium comitatus Oxon. ut fit Spelm. Of which fee Selden's Titles of Hoinde Comes. ariUtmfiT, From the Saxon Tbrim, which fignifies Three, was an old Piece of nour. Money of Three 3tl)iflle*taftf, It was a Cuftom within the Ma- Shillings, according to Lambard, or rather, (as nor of Halton, in the County Palatine of Cbejler, Selden thinks) the Third Part of a Shilling, Titles It was that if in driving Beads over the Common, the of Honour, f. 604. See Wtregeld. certainly Driver permits them to graze or take but a Thifile, but a Groat, or the Third Part of a Shilling. he lhall pay a Half- Penny a Beaft to the Lord of Thrymfa being a Contraction of the Lat. Tremiffis, the Fee. And at Fiskerton in Notinghamfiire, by and was a German Coin of the Value of ^d. As ancient Cuftom, if a Native or si Cottager killed thus cxprefly, lib. 6. feB. 3. Saiga autem eft quara Swine above a Year old, he paid to the Lord tet pars tremiflis, hoc efi denarius unus. Trcmiia Penny, which Purchafe of Leave to kill a Hog fis efi tenia pars folidi,Qp funt denarii quatuor. was alio called Thifile-take. fctyifljitlg, Tbrithingum, In the Statute of MerReg. Priorat. dc ton, fignifies a Court which confifts of Three or Thurgarton. Four Hundreds. Co. 2. Infi f. 99. HTI)OfeC0, Filh with broken Bellies, :j E. 4- c 2. Clj^Otoer. See Silk-Thrower. which by the faid Statute an; not to be mixt or 1l)U0e MealO, A Woodward, or one who looks with Tale-ffa. pack'd after the Woods. Cl)0l, ThoUonium ejl libertai emendi &> vendendi a Thumb : 'Tis mention'd Lamb. Archaion, fol 132. Thol, i. in d)umelum Signifies in terra fua. c.

do fe erga Burgenfes
ter ipfos fecerint.

& communitatem dum mordm

L. Statut.
St.

MS. Codex de

55. apud Brompton, viz- Sipafnagium Leg. In*, quod Prior habet in mercaio fuo die Lun* quandam de porcis, de tridigitali tertius, de duo digitali certum de a- capiatur de blad/s venditis, quoddam menfuram quartus, de Thumelo quintus, i. e. whole Fat is the

&

nimalibus & caterisfimilihus venditis.

Reg. Priorat.

Cokeford.

See

Toll.

Length of a Thumb.
i;i)toerttltcfc,

dthOjiOUphiCnF. At a Place called Bowgh in in Times paft the Earls of Richmond torkpire, had a Caftelet, and a certain Cuftom called ThoSee Toll. rough-ToU, lays Cambden.
CllOfl), IClljtep,

Edwardus, &>c. Conceffimus etiam

quod Vicecomes

nofter aut h&redum nofirorum, qui pro tempore fuerit in ditto comitatu, de cdtero faciat executions pro debitis recuperatis &* recognitis in Comitatu

vel Scaccario CefirU aut in itinere Jufiiciariorum, qui 2Trop, either in the Beginning pro tempore fuerit, abfque aliquo capiendo pro executione or End of Names of Places, fignifics a Street or facienda, licet etiam prtteritit temporlbus ufum fit, Village, as Adlejlrop : From the Sax. Tborp, villa, prout per chartam habet ipfa communitas ; (fcilicet
ulcus. Ceftrefcbra)

2Tf)?abe Of

Co?n, (Trava

btadi)

(from the Sax.

rit,
eft

Threav, i. e. a Bundle, or the Britifli Drefa, i. e. Twenty-four) in moft Parts of England confifts of Twenty-four Sheaves, or Four Shocks, Six Sheaves to every Shock, 2 H. 6. e. 2. yet in fome Counties they reckon but Twelve Sheaves to the "Throve : As in the Matter concerning the BurHi autem adfeftum fanUi gelfe of Derby Martini reddebont Regi duodecim trabes annone. Domcfday Book, de Burgenfibus Derby, Anno 2 H.
6. cap. 2.

quod ft aliquis in curia noftra culpatus fueper thwertnikyi defendere pofiit ; quia hac defenfio contraria legi Communi, nutrix malorum , pads -

mula

&

damnofa populo

confenfu

etiam de pacifico: requifitione dicf* cemmunitatis, Ordinadefenfio per

Volumus

mus Qp pracipimus quod diSa

cxtero non aUocetur fed

Dequalibet Carucata orante in

EborOei,

unam Travam bladi. King Sheriff for Three Nights. anno 923. gave by his Charter to St. 'CiDefmen Are certain Officers that belong to Athelftan, John of Beverley's Church, Four Thraves of Corn the Cuftom-Houfe, and are appointed to watch or from every Plough-land, in the Eafi Riding of attend upon Ships, till the Cuftom of the Freight be paid ; and they are lb called, becaufc they go torkfbire. aboard the Ships at their Arrival in the Mouth of the Thames, and come up with the Tide. Pat gibe 31 d6*oti anc&emtjoljn.
Epifopatu

per Infpex. This Word fecms properly or ThirdnUht, which in fome old Writings is taken for the Cuftom of giving Entertainment, or paying Procuration-Money, to the
Thirdnigbt,

tur, &>c. num. 11.

thwertnik de damneRot. Cart, de anno II. 12. 13 Ric. t.

annuUetur
totaliter

&

lierce, (Fr. Tiers, i. t. a Third, or third Part) a Meafure of liquid Things, as Wine, Oil, &>c containing the third Part of a Pipe, or Forty-two Gallons. Anno 32 H. 8. cap. 14. SDf ilka lS>louflfj of Cffrtbing. Ctgfl or Ceage, A Clofe or Enclofure, a Croft; See Peter-Corn. which Word Tigh is ftill ufed in Kent, in the lame Scnfe. And in an old Charter of the Church of $,l)ltn$U8. See Drenches. Quia vero non erant Canterbury, we find this Claufe Mar.fionem adbuc tempore Regis WiUielmi milites in Anglia, fed quoqut qua efi in Aquihnali parte Doroberniae, &> clau-

ller before pou eber iifean, ail mp tjertt Cojn tneioeel 2To uph,oiD IjijB minffre toeet: J9a fou atftfebe, be fcebm feinge)

fulam

T
:

T
5 Eliz-

fulam cjuam Angli vacant Tcagc que, pertinent adprxdiBam manfionem, &c. Sec Twihindimen. CltjinOuji. From the Sax. Tybtl.i, (t-'il)lrt, An Accufution Accufatio: 'Tis often mentioned in the Laws of Canutus, and H. I< viz.. Si quis ami: is defiitutus ut pleiium non babeat in prima Tihlu, ponatur in Carcantio. Leg. Canur. c. 6i. and in Leg. H. i. c. 45. De nemore inoperato per Tihlam nemo refpendeat, niji
Jit ibi captus.

ed for the Taking fuch into Staff, Cuftody are committed by the Court, and to attcmi fuch I'nloncrs as go at Thcfc arc large by Licence othcrwile called Kafioni. Anno 1. R. 2. c. 12. and
1

They alio arc culled Tif-flaves, the Judges with a Kind of Rod tipt with Silver, and take into their Charp.c all Pri foncrs cither committed or turned over at the
cap. 25.

that attend

Judge

Chamber.
Tilfeti.

O-llIuC Sec

Cilftil fatten, for Tmfel Satten: 'Tis mentiltl)fB, Decima, Are the Tenth Part of all oned in the Statute 1 H- 8- cap. 14. and ftgnitics Fruits, Predial, Pergonal and Mixt, which arc due to God, and Saltan interwoven with Silver. to his Church's Mini-

CimbcrloDC, A Service fo called, by which the (tcrs for their Maintenance. Levit. 27. verfi 30. Tenant was to carry Timber felled, from the Omnium bunorum li.ite quifitorum quota Dipars Leo, Woods to the Lord's Houfe "Tis mentioned in vina confiituticne debita. Father Paul in his Italian Thorn's Chronicle, Et debent pro qualibet fwolinga Trcatile Di Materie beneficiate is of Opinion, that 14 denar. per Annum, pro Timberlodc, vel cariare Tithes were not given to the Pricft but a litrlc beextra Waldam per mare vel per terram ad diBum ma- fore the Time of Charles the Bald but this niuft
:

confequcntly

nerium.

Timber
m.

UTilllbfr of &ftin0 Is de Fitcheux venal.

Forty Skins, De qualibet Ob. Pat. 10 R- 2. pars I. Leges divine,

locis

be a Miftake, for in the fecond Council of Mat fcon, which was held Anno 5S5. we may read that
Cf-c.

prdceperunt decimal

10. H<cc civitas

ma

45. libras

&

(fc Ccftriae) tunc reddebat de fir- rum tres timbres pelliu m Matrinarum. rum

fruBuum

fuo-

facris prefiare,

&V. quas Leges

was
01

Chrijliano-

congeries

Leg.
land.

Edw. Conf.
tlllUllljj,

&C.
the River Tyne in Northumber- ved,

Du

longis temponbiis

Kim

Cunge.

And

cujlodivit intemeratus,

it

late

Times

icfol

viz..

Ctllfl l IBop, (Fc) It ufed for the King's Hall, wherein his Servants ufed to dine and fup.j

Pafchse

Jac. Rot. 11 19. in

Communi

Banco.

Anno 13 R.
Officer

2.

c.

3.

Ctneman, or
in the

Cienttian,
Forcft,

Was of

old a petty

who had the no&urnal C*re of Vert and Vcnifon, and other fcrvile
Employments.
Ccnfiitut.

aUOD
Artlj^to,

Dccimarum tres funt [pedes, qutdam Perfbnales, qutdebenturex opere perfonali, ut

Scientia,

Militia, Negotia'tione',

Prxdialcs, qu*. proveniunt ex prsdiis, i. c. Ex fruBibus pradiorum, ut Blada, vinum, fecnum, iirtiim, cap. 4. ^Dinberttlfll, Thofe Fifhermcn who deftroyed cannabum, &Pc. feu ex fruBibus arborum, ut Poma, the young Fry on the River Thames, by Nets Pyra, Pruna, Volema, Cera/a, & fruBus hortorum, and Unlawful Engines, till fuppreflcd by the &c. quedam Mixtac, ut de Cafeo, laBc, &>c. aut ex Mayor and Citizens of London. Of which fee fcttibus animalium, qn* funt in pafcuis, & gregatim Stovi's Survey of London, p. 1 8. pafcuntur, ut in Agnis, Vitulis, Hxdis, Capreolis, Et prxdiBus Frrma- Pullis, &>c. Ex Prxdialibus fur.t quadam Majorcs, CllU"t {Tinettum) rius habebit tinettum fujficiens extra bofcum ipjius R. quadam Minuti ; Majorcs, ut frumentum, filigo, ad claufurandum terras c? pajluras fupradiBas. Char- zjzania, focnum, Sfc. Minores five Minutst, quidam ta Ric. Moninton 2 1 Hen. 6. Troufe, Brufliwood dicunt, funt, qui proveniunt ex menta, aneto, oleribus and Thorns to make and repair Hedges. In fimil'ibui, juxta illud diBiim Domini, Luc. 11, 4-., to Tine a Glat or Gup in a Hedge, Vie, qui dec'imatis mentam 8c rutam, cr-c. Alii diHerefordshire Troufe or Thorns in it, that Cat. cunt, Quod in Anglia confifiutst Dccimz minutx in is to put tic Vay not pals. lino, qut, funt Pradiales, &> Lana, laBe, cafeis &> in Decimis animalium, agnis , pullis, &P ovibus ; Decima CtntnOUtl). See Tuno.ellum. A cuftomary Tribute paid to the etiam mellis Of cerx numerantur inter Minutas, Ctnneniip,
Forefi*

Canuti

Regis,

dam

&V. Qua-

&

rently Syllable, he renders it a Tax of Acknowledgment paid for Tin Mines, or the Liberty of digging Tin. Whereas it bears no fuch fancied Relation ; but Tin is only a Contraction of Teon, and means only the Number Ten. King Henry 1. Ut tenegranted to the Abbey of Radinges menta quiet,x fint de tributis &P leflagiis, de tedinpeni &> Tinpeni. Chartular. Abbat. Radinges, MS. f. 2. where Tedinpenny fignified the Money paid the Sheriff by the levcral Tithings ; and Tmpenny was the Money paid the Tithing-man by the feveral Friburgs or Divifions of his Decennary or Diftria.

to fupport the Trouble and Charge funt of his Orficc. The laborious Du Frefne is appa- mis. miltaken, when in Allufion to the nrft

Tithingman

Mixt*.

qutc

Vide Lyndewode,

cap.

de Deci-

But Laymen, in thcfc latter Times, by withdrawing, or withholding their Tithes, occafion'd the Statutes of 27 H. 8. 20. 52 H. 8. 7. and 2 E. 6. 13. which were made to enforce the Payment thereof, which former Times required not, v. hen more was often given than was either due or demanded, as appears by thefe and many other recorded Donations.

EGO
dem

Sar.Ba

Willielmusde Braofa do&> concedo Kclrfi* Mari* de Bargaveny Qp Monachis ibi-

Deofervientibui,

cmnem Decimam

de

SiBargaveny, fc. De Pane, de Vino, de Cervifi.i, 'CirtCtfum, Troufe, Brufhwood and Thorns for fera, &= deomni genere potus, de carnibus, depifcibus, Fencing and Hedging, which Sort of Underwood de fale, de melle, de cera, de few, &f omni expenf.%
,

Cafieliodt

&

cut at Length, and not fagottcd up, is ftill in generaliter, tarn parva quam magna Cafie/ii j.im O* habitis, Kent called Teetiet. frtcdiBi, de Denariis quoquomodo adquifitis de prifoiiibus, de bciut, de <vacCiyftaff Is one of the Warden of the Fleet's de placitis, de auxiliis, Men, that attends the King's Courts with a paint- cis, de porcis t de oiibus, decapris, de equis, &" de cm-

mbut

TI
nibus rebus,

& de omni evtntu quoquomodo ewnerlt were employed and lived by their lawful La Mon. Angl.'i par. fol 558 bours, by converting Tillage into Pafturc, only jam diBoCafteUo. Et Decimas omnium pnventuum Placitorum, Tolneto- Two or Three Herd-men are maintained. 3. Husbandry is decayed. rum, Donorum, Lucrorum fi> reddituum meorum, &P totiits panis 4. Churches arc deftroyed, by Diminution of potus expenji de Cajlello BrechotiU &> Charta Rogcri Comitis Hcrcfordiae. Church- Livings. de Haya. Sine Dat. 5. Injury and Wrong done to Patrons and Mi-

&

ni fters.
6. The Defence of the Land againft foreign anciently many Men were fo (brupuloufly careful in their Payment of Tithes, that at their Enemies enfeebled and impaired ; the Bodies of

And

Husbandmen being more ftrong and able, and and at patient of Cold, Heat, and Hunger than any oSec Kennet's Gloffary in Tithes. their Funerals caufed their bed Ox or Horfe to thcr. be led with the Corps, and as a Mortuary or CnetnalD, The Parliament or annual ConOblation given to the Prieft, in Recompencc of vention in the IJle of Man ; of which Mr. Kin" in Sec his Defcription of that Idand gives this Account. any Tithe which might have been forgotten. The Governor and Officers do ufually call Kennet'i Gloffary in Tithes. Citl}ing, Tithingum, From the Saxon Teothunge the Twenty-four Keys of the Ifland, efpecially It fignifies, (according' once every Year, viz. upon which fignifies Decuriam Midfumrner-day, at St. to Lambard, in his Duty of Conftables) the Number! Johns Chapel, to the Tmeivald Court there, or Company of Ten Men with their Families,] where upon a Hill near the faid Chapel, all the knit together in a Society, all being bound to the Inhabitants of the Ifland, (landing round about a King for the peaceable Behaviour of each other, fair Plain, they may hear the Laws and OrdiOf thefe Companies, there was one chief or prin-| nances agreed upon before in the Chapel aforchis Office was called faid, publifhed and declared unto them ; and cipal Pcrfon, who, from at this Day in fotne Places Tithing- then and there the Lord of the Ifland, if he be Teothung-man, man, but is indeed a Conftable, for the old way in the Country, is to fit in a Chair of State coverof Tithing is long fincc left off. It is alfo ufed for ed with a Royal Cloth or Canopy over his Head, a Court. Magna Chart, c. 2 J. Merton, e. 10. and his Vifage unto the Eaft, with his Sword before
Death they bequeathed Prieft, in lieu of any
Soulefceat, to their Parifli

Tithes forgotten,

and

See Chief Pledge,Frank-pledge,Decennier him, holdcn with the Point upwards, his Barons, viz. the Bifhop and Abbats, when was Time, Vitt)ing*mttl, In the Saxon Times, for the with the reft or their Degrees, fitting befidc him, better Confervation of Peace, and the more cafy Adminiftration of Jufticc, every Hundred was diit\f, Titulus, Properly is when a Man hath vided into Ten DiftriSs or Tithings, each Tithing lawful Caufe of Entry into Lands whereof another made up of Ten Friborgs, each Friborg of Ten Fa- is feifed, for which he can have no Attion, as Statue- Title of Mortmain, or Title to enter for Breach of milies, and within every fuch Tithing. runt fufticiarios fuper quofque decern Friborgos, quoi Condition: But legally this Word Title includes a
23 E.
$.c. 4.

Trithing.

Decanos poffumus appeUare, Anglice Kro,Tienheford, Right ; alfo and Title is the more general Word, Which Tithing-men, or Ci- for every Right is a Title, but every Title is i. e. caput de decern. vil Deans, were to examine and determine all not fuch a Right for which an ASion licth, and leffer Caufes between Villages and Neighbours, therefore Titulus caufa pejftdendi quod noeji jufia but to refer all greater Matters to the fuperior firum ejl, and fignifies the Means whereby a Man Courts, which had a Jurifdi&ion over the whole cometh to Land, as his Title is by Fine or FeoffHundred. See Kennet's Paroch. Antiq. pag. 633. ment. And as by a Rcleafe of a Right a Title is rcThis Officer was fometime called Tething-mannm leafed, fo by Releafe of a Title, a Right is relea-

ConceJJit

Abbas

pro fe
,

&

fuccejforibus fuis fed alfo.

preti
ipjius
is

vel rationabile quod catatta felonum fugitivorum baU'tum Coronatorum urn eorundem, per vifum

&

See Co. 4. Rep.Ediv. Altham's Cafe. This a Word mentioned in feveral Councils and Synods ; and it fignifies the Church to which a

Abbatis tradantur

SP Prieft was ordained, and where he was eonftantheredum fuorum, falvo cuftodienda ujque ad adventum ly to refidc. Concil. London, an. 1125. Nullus in Cart. 3 E. 2. in Carpresbyterum, nullus in Diaconum, niji ad certum TituJufticiariorum.itinerantium. tular. de Radinges. lum, ordinetur. There are many Reafons why a MS.f.itf.b.

Thethingmanno

prjdiBi etri k

CitrvinQjpennp, alias Citl)*ptnnp, alias die Et Jint quieti de Thcthing penny, Tyn-penny, &P de omnibus forisfaBis quacunque occalione emerferunt, Qfc. In Mem. Scac. de anno 20 E. 3. Trin. Rot. 3. Abbati 8fi Monachis Rading.
rhuirjsriennp,

Church

is

called Titulus: But that which

beft, is,

tome

feems the

Name

becaufe in former Days the of the Saint to whom the Church was de-

dicated, was engraved on the Porch, as a Sign that the Saint had a Title to that Church. From

Tithing- penny, hoc

eft, quieti

de TaUagio Decer.n* Jive

whence the Church

Titulus.

it felf

was afterwards called

Tithing per confuetudinem.

"CifltfSfj

MS.

in Biblioth. Cot-

ton, fub. Tit. Vitellius, C. 9. fol. 221.

itle rf (fflltrp Is when one feifed of Land in Agricultural of great Account in Law, Fee, makes a Feoffment thereof on Condition, and and the Condition is broken ; after which the as very profitable for the Commonwealth therefore arable Land hath the Precedence before Feoffor hath Title to enter into the Land, and Meadows, Paftures, Woods, Mines, and all other may do fo at his Pleafure, and by his Entry the Ground whatfoever. And by laying of Lands Freehold fliall be laid to be in him prefently. ufed in Tillage to Pafture, Six grand Inconvenien And it is called Title of Entry, becaufe he cannot have a Writ of Right againft his Feotfee upon ces enfue. 1. Idlenels, which is the Ground and Beginning Condition, for his Right was out of him by the of all Mifchief. Feoffment, which cannot be reduced with Entry for and the Entry muft be for the Breach of the Con2. Depopulation and Decay of Towns, where in fome Towns Two Hundred Perfons dition.
; ;

Letter of the Sc- Deads from Fairs or Markers, Citinplfctf, Talc-Bearer.i. though they were crctary of State in 28 of H. 8. 10 James thcFifth not fold. Plovid. f. 236". Wilton'% Cafe. Kinhm In all Realms the Popifli f. 204. Bv the ancient Law of the Land, the King of Scotland Practice hath had fuch Confederacy of falfc, Buyers of Cattle or Corn in Fairs or Markets forfworn, factious and traitorous Titinylks, un- ought to pay Toll to the Lord of the Market, in Vid. Wcvcr of Fun. Mon. true to their Sovereign. of the Contract there lawfully made in Tcftimony open Market, becaufc privy Contracts were held pag. 94. In the Inquifition of Scr unlawful. Horn's Mirror, lib. 1. There it alfo InConlifl, A Towel. jeancics and Knights-Fee, within the Counties of toll and Vttoll, mentioned in Henry I.' Charter EJfex and Hertford, made in the 12th and 15th to the Church of St. Peter in York ; which fee Mon.

Year of King John.

Heydene per Serjantiam ferviendi cum una toalia ad i.e. by the Service of waitloronationem Regis ing with a Towel at the King's Coronation. Ex Lib. Rub. Saccar.fol. 137.

Petrus Picote tenet dimid. Angl. 3 Part.fol. 326. a. The made Latin Word Theolonium, Caffanaus de confuet. Burg. p. 118. dcriveth a Tollendo, but it is more deduc d

properly

from the Greek nutm*. or TiXrf , id ell, veHigalium redemptio vel exaclio. See Fleta, lib. I. tap
47-

ffoUagf. This Word occurs in the Statute Car made an. 1 7 Car. i.e. 15. and isthcre ufed to figcap. 32. Sec 3 Infl.f. 96. nify the fame as Tallage, which fee. <ioQ JI500tlj,the Place where Goods are weighCufr, Toftum, A Mcfluage, or rather a Place where a MelTuagc hath Hood. Weft Symbol, part 2. ed. And is a Word much ufed Tit. Fines, feet. 26. ColCfffnitn, Tolfaller, Excife, or Tribute paid Croftum to the Lord by the fervilc Tenant for Liberty to in Fines, Capitale Toftum auodfuit Walteri Patris fui. Cart. Petri de Brus brew and fell Ale. Among the cuftomary in Biblioth. Cotton. Scitcs Toftes, an. 22 Car. Services of the Tenants in Blebury, to the Abbat and Convent of Reading. Et Jolebant dare 2. c. 11. Cof itun, Toftmannus, The Owner of a Toft, tolccftrum,/c/ licet, t Hi qui folebant facere cervifiam Toftmanni fimiliter operabantur a Santlo Michaelc ad vendendum, videlicet, fex lagenas cerevifia. ad Autumynum, fip in autumno per 6 hebdoma- Cartular. Radinges, MS. f. 221. a. Prtterea fi ufque dits unaquaque hebdomade per 2 dies, &e. Pri. Lew- braciant ad vendendum dabunt de cervifia fua predict Abbati quandam confuet udinem qua- iwa/wrTolfaftcr, .18. Sec Molman. Cmlf Cometh of the French Toile, i. tela, and foil, de qualibet bra ina quatuor lagenas quotief unjue
or

CouiUS JrlUUillfl, Tovoy in Wales. Coi) of 2Uool Contains Twenty-eight Pound>

Two

Stone, mentioned

in

the Statute

&

&

with us a Net or Cord to compafs or braftaverint, ib.f.xr^.a. See fignifieth Tolfefler. take Deer. ColCO^n, Corn taken for Toll at grinding in a Mill. Beds Abbati&P Conventui de Radinges unam Collate, the Ifle of Shepp ey. Coling;penny, Mon. Angl. 2 Tom. pag. 286. for dimidiam fummam bladi. fcil. de tolcorn dt molendino de Homfioll. Cartular. Abbat. Radinges. MS. Teding-penny. Coif, To Bar, Defeat, or Take away. f. 02. a. As to Toll the Entry, i. t. To deny or take Colljop, A Toll difti, or fmall Meafure by away the Right of Entry. Stat. 8 Hen. 6. which they take Toll for Corn fold in an overt

Co

cap. 9.

Market. -^ De confuetudine mercati de magColl, alias C'tolT, Tolnetum alias Theolonium, na Farendou, pro careSata falls dabitur unus difcus Is a Saxon Word, and hath in our common Law falls, qui continere debet unum tolhop, vel unus deTwo Significations. Firft, It is ufed for a Liberty narius. Confuetud. Domus de Farcndon. MS. to buy and fell within the PrecinS of a Manor. fol. 22. Per Tolfefter, clamat effe quiet. Lamb- Ar.b. f. 132. Secondly, For a Tribute or Colfrffer,

Cuftom paid for Paflagc, &c.

num.
3

Bralf. lib- 2. ca. 24. de reddend. unum Sextarium continet 16. Cervifia quod interprets it to be a Liberty as well to Lagenas de nova cervifia menfurata, defubtusle Shaktake as to be free from Toll, for they who are en- cliff, pro licentia braflandi cervif. per totum annum. The feoffed with Toll, arc Cuftom-free, faith Skene. Ex Rot. Plac. in itin. apud Ceft. 14 H. 7. homines vefiride totoHoma- fame Word occurs in a Charter, Toll, hoc eft, qu.d 10s 55 H. 3. m. 6.

&

de omnibus mercatis gio vejlro Jint qnieti to de omnibus rebus emptis Of venditis.

&P de Tolne- See Gavelcefler. FreeColfrp, the Place where Merchants meet. dom from Toll the City of Coventry boafts of an From the Sax. Tel, Tributum, and See, fedes. ancient Charter, granted by Leofricb (or Luricb) Colt, Tolta, Is a Writ whereby a Caufe deMerciorum Comes, who at the Importunity of Gode- pending in a Court-Baron, is removed to the va his virtuous Lady, granted this Freedom to County-Court, Old Nat. Brev.fol. 2. and fo called, that City ; and in Richard the Second's Time (asbecaufe it does tollere loquelam from the one Court Dugdale faith in his Defcription of rVarwhkfbire) the to another. Preface to Co. Rep. 3. P lac. coram Rege PiSure of him and his Lady was fet up in rhc\ Pafcb. 22 E. I. Rot. 18. Tolla placiti flgnificat South Window of Trinity-Church there, holding in proceffum per quern caufa a JurifdiBiont curi* tempoTolt is alfo a Tribute, or an Exa his right Hand a Charter with thefe Words vttit- rails tollitur. Sion of any Thing. Mon. Angl. 1 Tom. p. 673 ten thereon.

Of this

So in Mat.
3fi

Parif. Mercatores

vendunt fine Toltis

Lurich, fo?

tt\t

2LobE Of Cl)ff,
Coll*free.

malts.
Venditio falls qu*. debet fo'vi, i. BnColtffvip, &P dimid. fatis per menfurar* $% MS. de temp.

make Coventry

fbel
is
j

Some Authors make Mention of Tolthrougb, which Ed. 1. It fliould be Toltfny, or Toll taken by Tray Money paid for Paflage in or through fome or Dijb. ^ rjlra, Wrong, Rapine, Extortion, any Thing Highways, or over Femes, Bridges, 6v. Tollover a private Man's Ground exacted or impofed contrary to Right and Juraverfe, for palling
1

and Tollturne, which

is

Toll paid at the

Return of
\

ftice.

Nee aliquem
i

depr*dctur,

nee btmicidia, vel '-

incer.dia, roberias,

enormia.
pag. 235.

toltas,/f alia hujufmcdi perpetret Water by Men, or Beafts on Land, or by anPat. 48 H. i.in Brady Rift. Eng. Append, other Ship or Boat fanned to her. Alio that

Money, or other Rccompence, which is given amongft Gold- by Bargemen to the Owner of the Ground next a River where they tow a Barge, or other Vcflel fmiths and Jewellers, and is Twelve Grains. habere debeatConnagr, Tonnagium, Is a Cuftom or Impoft Dominus Rex habeat Thowagium paid to the King for Merchandifc carried out, navium &> battellorum majorum &> minorum in aqua or brought in Ships, or fuch like Veffcls, accord- de Tyne, &>c. Pla. "coram Rege ejus concil. Tun ; and of Pari. 18E. 1. in Tur. London. ing to a certain Rate upon every this you may read in the Statutes 12 E. 4. cap. 3CoMiarDUfr, A Sheep, a Ram Qusli6 H. 8. e. 14. 1 E. 6. c. 13. 1 Jac. 33. but efpe- bet hida poteft fufiinere 0B0 &> decern boves, fexdecim unum taurum, 8= ducentas oves cum ci a lly 1 z Car. 2. cap. 4. vaccas, quatuor toyliardis, cum exitu See Tun. pradiBarum ovium de uno ^COniie. of a Tonne or Tun, anno, & quatuor Affros cum exitu twins anni. f Oiintfiglj'f, The Quantity MS. fol. 72.4. in a Ship's Freight or Bulk, for which Tonnage or Chartular. Abbat. Glafton. Ricardus Crabanae Were little Boats; fo called, becaufc Tannage was paid to the King. in they were made out of fingle Beams or Pieces of Rex, &>c. Thorn* de Percy Admirallo noftro de quali- Timber cut hollow. Florence of Parliamento ord'matum extitit percipiend. Worceller, pa. 618. v.>t navi &> craiera cujufcunque fuerit portagii qua writes, That uterque Rex in infulam Trabariis admare transient infra prtdiBum Admiratum eundo &> vehitur. Crabetf In Churches, was that we now call redeundo pro viagio de quohbet Tonnctight/e* denarios item de quolibet vafe pifcatrice quod infra Branches, made ufually with Brafs ; but formerly mare diBi Admiratus pifcatur pro allece capiendo de quo- with Iron. See Thrave. Pat. 2. R. 2. CrattUtf-uum, Traces, by which Horfes, in libet tonnetight/ex denarios, &Pc. Is a Word mentioned in Fleta, 2 Lib. their Gears, draw a Cart, Plough, or Waggon l0(!Care Boves firiliare &> Torcare: Which Par traBuum, A Pair of Traces. Pro uno cart/ad.. 71. par. 2. vizdle, uno colero, cum una pari traftuum is to comb and cleanfe his Oxen. emptis xiv. d. Paroch. Antiquit. p. 549. See Tripontium. 3CO,2CfBer. Craga Was a Sort of Waggon without Wheels. %01'ntf. See Turney. A Mount, A Hill, as 'Tis mentioned in the Monaftkon, 1 Tom. pa. 851. 1ojra, Tohe, Sax. Tor, Torre. Terra in campis Glaflon'u, una Qui cum quadriga vel Traga egrejjus. So in Virgil. Glaftenbury Comin,

Weight

fo called

&

&

&

de la torre acrajacet in auftrali parte

fuper

tor- Georg.

lib. I.

vet. 164.

a French Word <Co;f, (from the Lat. Tortus') Is for Injury or Wrong, as de fon tort mefne, in his own Wrong. Cro. Rep. fit. 20. White's Cafe. called Tort, beis properly or

ram una acra. MS.f. 114. "<*

Chartular. Abbat. Glafton.

Tribulaque, traheaque Qp iniquo ponder e
rajlri.

well as
Blyth.

Crafjare Seems to be ufed for to Harrow, as

Herciare.
Inq,
in an. 1223. in Regillro de SJ

Wrong
-

Injury

caufe

it

is

vrrefted

or crooked.

Cro.

on

Lit. fo.

Cra/ecttlff,

J5 8 Wrong-doer, a Trefpaffer. Co. 2. "Co^tfeafo;, 11. par. f. 383. num. and other Co^tltlUtti Is mentioned in Fleta,

tween
ftol.

Gloucejlerjhire

Aft-Pafage over the Severn be and Wales, not far from Bri

we now

Craif, Bread of Trait, quali Treat, was what call White-bread.

Nature or Dimenfion whereof I can find no DiCranfcripto iRecognittonis fart* co?am Juffi* ciariis ttinerantibuH, $c. and can make no lafc ConjcSure. Is a Writ for the Cum una virgata terra, &> cum una Tothlanda, 6 certifying of a Recognifance taken before Jureftion,

a Bay. a Torch. (ignifies raiinto,2ium, c 4. andfigniCranfcrinf, Anno 34 > 35. H. 8. cap. 14. Is Cotiee*iJUOtie, 4mo 19 Car. 2. the Copy of fies As often as. any Original written again or exemA certain Portion of Land, in the plified, as the Tranfcript of a Fine. CothlanDa,

Books, and

Eyre into the Chancery. Reg. Orig. fol. qua fuerunt data in dedicatione (Ecclefi* stices ' Heyford ad Pontem Com. Oxon.) Wulfvini Epifco- l5i , Paroch. Antiquit./>. 514. Cranfcripto ytbee finis lefaati tmffenoo in pi Dorcejhia. HCotteP, A good Debt to the King, is by the Cancf Ilaritim, Is ^ Writ for the certifying the or other Officer in the Exchequer, Foot of a Fine levied before Juftcies in Eyre, &c. foreign Appofer, noted for fuch, by writing this Word Tot to it into the Chancery. Reg. Orig.f. 66$. Reg. Judic. Anno 42 E. 3. cap. 9. fol 14. d. Tot pecuni* regi debetur. q. and 1 E, 6. 1 5. Sec FraBice of the Exchequer, pag. Cratlfgrcrtione. Is a Writ commonly called a Writ or Aftion of Trefpafs, of which Fitzberbert 71 of Four reckons two Sorts ; one Vicountiel, fo called be3Cutfccraj> Was a cuftomary Payment Pence for every Bufhel and a half of Corn, fold caufc it is dire&cd to the Sheriff, and is not reThis WorH turnable, but to be determined in the Hill. 15 El. at Maldon in Effex. County ; the Form whereof differs from the other, becaufe mould be Tolteray or ToU-tray. See Turn. hath thefe Words, Quare vi it COUmC. armis, &> c F. N. Eotlt tempg p^lS f vncptt eff, That is, Al- B.f. 84. The other is termed a Writ of Trefpafs ways ready, and is fo at this prefent. This is a upon the Cafe, which is to be fued in the King's Kind of Plea in way of Excufe or Defence for Bench or Common Pleas, in which arc ufed alhim that is fued for any Debt or Duty belong- ways thefe Words. Vi &> armis, F. N. B. fol. 92. ing to the Plaintiff. See Brake's Abridgment, fol. See Trefpafs, and the divers Ufes of this Writ in the Table to the 258. Regijler of Writs and 2 Inft. f 'CotoatJP, Towagium, and Thoroagium, Is the 419. Rowing or Drawing a Ship or Barge along the
0B0
acris,

in

de

&

&

l.

Cran<

CranfifC, Anno 14 Car. 2. cap. II. Is ufed for a Cuftom-houfc Warrant or Lct-pafs ; from Tranfeo, to go forth or let pals. ranfifO,J1> Is paffingaway or flitting, the oppofite to Local.

Incendiaries, Murderers, Fighters, falfc AlTtfori, and other fuch Malefactors Which Inquifttion was fo ftriflly executed, and fuch Fines taken, that it brought in exceeding much Trcafure to
1

Sec

Local.

the King.

Chron.

fol.

tit.

Sec Viae Par Lamer,

fome Manors they call the taria, fol. 211. if 280. and 4 Inft. 1S0. And in a Money arifing by Amerciaments of Alc-fcllcrs Parliament, 1 R. 2. the Commons of England peand Victuallers, for breaking the AlTuc of Bread titioned the King, That no Commifliou of Eyre, and Ale, as Litjlon, and other Manors in Hereford- or Trayle Bafton, might be iffued during the thofc belonging to the Bilhoprick Wars, or for Twenty Yean to come. Rot. Pari. shire, cfpecially
CranffTP
So
in

But why lb called, <ju*re. 'Cr.Hlflfltlon, Tranjlatio, In common Scnfe figniries the Verfion out of one Language into anof Hereford.

R.

2.

other

but in a more confined, denotes the let ting from one Place to another ; as to remove a
;

from one Dioccle to anbthcr is called Tranjlating, and fuch a Bifhop writes not Anno Confecrationit, but Anno Tranflationis noftrce. Craba. Sec Thrava. ^trabrrff, (A derivative from the French TraBifhop
vtrfer,

to deny, i. Transftgere) (ignifics fometimes fometimes to overthrow or undo a Thing, or to As in Orenfordfcir Mantrium de Buretput one to prove fome Matter ; much ufed in ftre, T. R. E. valuit auinde.im librai, mode- fexdeAnfwerj to Bills in Chancery ; or it is that which cim. the Defendant plcadcth, or faith in Bar to avoid sCmfon, Proditio, Of the French Trahifon, and the Plaintiff's Bill, either by confciTing and a- it is divided into High Treafon and Petty Treafon ; voiding, or by denying and traverfing the materi- High Treafon is defined to be an Offence commitPart 2. Tit. Chan- ted againft the Security of the King or Kingal Parts thereof. Weft. Symbol. feet. 54, 55. The formal Words of which dom, whether it be by Imagination, Word or cery, as to compafs or imagine the Death of Traverfe are in our French Sam ceo, in Latin alfa',\ Deed or to deflower the hoc, and in Englifh without that. Sec Kitchin, f. 227.1 the King, Queen or Prince and 240. Staundford, Prtrog. cap. 20. To Traverfe King's Wife, or his cldcft Daughter unmarried, an Office is nothing elle but to prove, That an or his cldett Son's Wife Or levy War againft the Inqmfition made of Lands or Goods by the Ef- King in his Realm, adhere to his Enemies, councheator is defective, and untruly made. So to terfeit his Great Seal, Privy Seal, or Money Traverfe an IndiBment is to take Iffuc upon the Or wittingly to bring falfc Money into this Realm chief Matter, and to contradict or deny fome counterfeited, like the Money of England, and Point of it. As in a Prefcntmcnt againft A. for utter the fame. To kill the King's Chancellor, la Highway overflowed with Water, for Default of Treafurer, Juftices of cither Bench, Juftices in fcouring a Ditch, &>c. A. may Traverfe either the Eyre, of Ailife, or of Oyer and Terminer, being in Matter, that there is no Highway there, or that their Place doing their Office. Anno 25 E. 1. cap. the Ditch is fufficicntly fcoured or otherwifche Forging the King's Seal Manual or Privy Signet, may Traverfe the Caufc, viz- That he hath not Privy Seal, or foreign Coin current here, ytnno the Land, or that he and they whofe Eftatc, &V. 2 Mar. Cap. 6. Or diminifhing or impairing curhave not ufed to fcour the Ditch. Lamb. Eiren. rent Money. 5 EltZ' 1 1. 14 Eliz. cap. 3. 1 8 El. 1. Sec the New Book of En- Or to fay the King is an Heretick or lib. 4. c. I 3. p. 521, 522. Papift, or that he intends to introduce Popery, &rc. Anno 1 3 tries, verb. Traverfe. Cratterfum, a Ferry. 'Tis mentioned in the Car. 2. cap. i. And many others, which you may omni cuftuma poniagii read there, and in other Places particularly cxMonafticon, 2 Tom. 1002. Ab In Cafe of this Treafon, a Man fhall be vel travcrfi. prcfTed. Crafoetf, {Travx bladi.) Clauf. 5 Ed<w. 2. dorf. drawn, hanged, and quartered, and forfeit his 21. and Clauf. 12 Ric. 2. m. 34. granted to the Lands and Goods to the King. It is called alfo Provoft of St. John of Beverley. See Peter-Corn and Treafon Paramount. Anno 2 J E. 3. c. 2. Petit Treafon Thrave. is, when a Servant kills his Maftcr, a Wife her Crato'frtllfn, Of thole Fifhermen who ufed Husband Or when afccular or religious Man kills unlawful Arts and Engines to deftroy the Fifh his Prelate or Superior, to whom he owes Faith And in how many other Cafes upon the River Thames, fome were ftilcd, Tincker- and Obedience men, others Hebbermen, Petermen, Trawlcrmcn,6V. Petit Treafon may be committed, fee Cromp. Juft. Sec Stows Survey of London, pag. 19. Hence of Peace. This kind of Treafon gives Forfeiture of with a Trowling-line for Efchcats to every Lord within his own Fee. See to trovjle or trawle BraB. lib. 3. traB. 2. cap. 3. num. I, 2. There is Pikes. CWVluaflOn. Sec Jufticet of Traylbafton and alfo Mention of Accumulative Trtafort and Conftrufee the Copies of feveral Commiflions granted to clive Treafon in the Statute, 14 Car. 2. cap. 29. And them by Edward the Firft in Spebnan's Ghjfarium,' here obferve, that in Majori proditione omnet funt The common People in thofc Principales, there arc no Acceffaries in Treafon, all verbo, Traylbafton. Days called them Traybafton, quodfonat, Trahe ba-\ are Principals. And Voluntas ncn rc-utabitur pre Edward the Firft, in his Thirty-fccond faBo nifi in caufa Proditionis, for Petty Treafon. Sec ciilum. Year, fends out a new Writ of Inquifttion, called Co. 1. Rep. SbeUey's Cafe. on other Men's Lands, Crcaftirr, Thefaurus, the King's Trtafure is the Trailbafton, againft Intruders who, to opprefs the right Owner, would make o- Sinews of War, and the Honour and Safety of the vcr their Lands to great Men; againft Batterers King in Time of Peace, Firmamentum Bttti & crhired to beat Men, Breakers of Peace, Ravifhers, namentum Pacit- If any Mine of bafe Metal be I i i 2 found
; ;
<

Proditor^kc TriafoH. Of taking Arms by the King's Authority againft his Perfon, and thofc that arc commimoned by him, condemned by the Stat. 14 Car. 2. cap. 2. i&. Tempore Regit Edtoardi. Thcfe initial Letters have this continual Note of Time in the Dome/day where the Valuation of Regifter, Manors is recounted, what it was in the Time of Edward the Confejfor; and what fincc the Conqucft.
{Traditor,

C I'aptO^,

rai'(erou8

J&ofifioii,

C C

TR
found in any Ground, it belongs to tlie Lord of the Soil ; but if it be of Gold or Silver, it appertains to the King, in whole Ground foevcr they be found. TErrslurrr, Tbtfaurarius, Is an Officer to whom the Trcafurc of another is committed to be kept, and truly difpofed of: The chiefeft of thefe with us is the Treafurer of England, who is a Lord by his Office, and one of the greatcft Men of the
trCiifUO>>
It

TR
fignifies
is

where the King's Treafure

ther

fometimes the Place repofited ; and at o-

the Office of Treafurer. tije Crtdfuri', Commiffioncrs to execute the Office, when it is not committed to one fingle Perfon. '4Crc.it Cometh of the French Ttai're, i. emulgerf, or rather from trail us drawn, and fignifies
ILo^Oi of

Times

Land, under whofc Charge and Government is all the Prince's Wealth contained in the Exchequer, as alfo the Clerks of all Officers any way imploy d in the collefting of the Imports, Tributes, or othcr Revenues belonging to the Crown. Smith, de Rep. Anglor. lib. 2. cap. 14. See more belonging 6. 5 to this Office. *o 4 E. 4. 1. 3. 6". 51 H. This high 17 4, 5. 21 H. 8. 20. and 1R6. 13. Officer hath by Virtue of his Office, the Nomination of all Efcheators yearly throughout England, and givcth the Places of all Cuftomers and Searchers in all the Ports of the Realm, with divers other Matters, V. There is alfo the Treafurer of the King's Houpold, who is of the Privy Council, and in the Abfencc of the Steward with the Conof the King's Houfhold, hath Power troller and Steward ef the Marpalfea, without Contmiffion, to hear and determine Trcafons, Mifprifions of Treafon, Murder, Homicide and Bloodshed committed within the King's Palace, Statwdf.

much as taken out or withdrawn As a Juror was challenged becaufe he could not dii'pend Forty Pounds, and for that Caulc he was treate, (that Old Nat. Brev. fol. is, withdrawn) by the Statute.
as
:

rebU(l)(t, (.Terbichetum,)

A Tumbrel, or Cuck-

ing-ftool. 3 Par. Inft. f. 319. See Tribu.h.lt was alfo a great Engine to caft Stones to batter Walls.

Matt. Parif.
ordinata,

Anno 1246. Per feptem Trebuchctta

tarn de die

qu*

quam

de nolle in Cafirum.

&c.

projicere

non ceffabant.

Sec Trepget.

{Trefforium,) Hair hanging in Treffes. Amputentur eis Trefforia &> tondentur. Fleta, lib. 2.

ftma,

c. 5.

par. 4.

CreMll^. See Trihing. %Xzt, (Triticum, i. e. Wheat.) In the Statute of 51 H. 3. Bread of Treet fcems to be that Bread which was made of fine Wheat. See Cocke t.

PI. Cor.
is

lib.

3.

cap. 5.
or

In Wefim.
27

2.

cap. i.

"Cretnau.ium, Tremifium, Tremeftum, The Scafon for fowing Summer-Corn about March the Third Month, to which the Word may poffibly there allude. For Corn fow'd in March is by the French

Mention of the

Treafurer of the Exchequer, Trea- call'd Tremes

furer ef the

Marfes, which the Italians call Martiolin or Marof the King's Chamber, tiol. Tremejium was commonly oppofed to Hiber3 y Eliz- cap. 4. Treafurer 16 H. 8. 3. 33 H. 8. 39. Treafurer of the King's nagium, i. e- The Seafon for Summer-Corn, BarWardrobe. 15 E. 3. Stat. 1. cap. 3. 25 E. 3. Stat. ly, Oats, Beans, &c. to the Seafon for WinterAmbit unam acram. VVhofe Office you have well let out in Corn, Wheat and Rye. 5. c. 21. eandem herciabit, videliFleta, lib. 2. cap. 14. Treafurer of the County for feminabit cumfemine Domini, 1 poor Soldiers. 25E/ c. 4. And moft Corporati cet, dimidiam acram ad hibernagium ft dimidiam ad ons through the Kingdom, have an Officer of tremagium, ftp tariabit de fceno Domini. Cartular. R. Dei gratia Abbas this Name that receiveth their Rents, and dif- Glafton. MS. fol. 91. a.

Navy

War.

and Tremors, and fometimes Mars or

>

Stat. 2. cap. 18.

burfeth their common Expences, and is of great Ecctefia S. Petri de Burgo. Noverit XJniverfitas veflra Nos conceffiffe hominibus nofiris de Tindele quod liberi Credit among them. de fecia halemotorum S Creafurenn Catlje ojal ahurclif t, A Dignitary fint Qf quieti farclade ferris levandis arabunt femel ad hiwho was to take Charge of the Veftments, Plate, tura

&

and other Treafure belonging to Jewels, Relicks, But at the Time of the Reforthe faidChurch. mation, when fomc who abhorred Idols did commit Sacrilege, and took away the infinite Treafure of Cathedral and Conventual Churches, then the Office was extinguifhed as needlefs in fome Churches, as York, Limoln, Hereford, but ftill remaining

bernagium

& femel ad tremefenm cum

Cartular.
S.

buerur.t in carucis fuis.

hoc quod haPetri de Bur-

go Swafham vulgo appellat. MS. f. 227. CrenuBiini, i. e. a. Granary. 'Tis mentioned in Mon. Angl. I Tom. pag. 470. Sciendum t amen

eft

in Salisbury, London, &c. pofl quod CrfafiiretrOuf, Thefaurus inventus, Signifies in Trcmello, Qfc. The Hooper our common Law as it does in the Civil, Veterem Crt'iriUta, Treumia, Tremellum. non extat memoria, tit jam or Hopper of a Mill, into which the Corn is put depefttionem pecuniae, cujus ~ Dominion non habeaf, with which Definition Braclon to fall from thence to the Grinding-ftones agrees And though the Civil Law give it to the Do libere molere in molendino meo, ita quod immediate Finder, according to the Law of Nature, yet the pofi bladum exifiens in treumia, qucd vulgariter diiLaw of England gives it to the King by his Prero- tur Ingranatum, eorum bladum moletur. Du Frcfhc gative, or to fome other who claim by the King's in voce Treumia. Baldwin de Wake to the Priory Sciendum tamen ejl quod prtdiBi MoGrant, or by Prefcription, as appears, Brail, of Deeping. tract. 2. cap. 3. num. 4. The Puniihmcnt nachi facient fectam molendini mei tarn de blado fuo lib. 3.
:

quodpr&dicli monachi facient fecJam molendini met tarn de blar'o fuo quam hominum fuorum ; ita quod ipfi haheant primam molituram bladum invenerint in

Ita quod ipfi habear.t primam 'Treafure found, is Imprifonmetit quam hominum fuorum Staundf. PI. Cor. lib. l. cap. 42. Fitzherb. molituram pofl bladum tjuod invenerint in trcmello. if the 0*ner may any ways Mon. Angl. Vol. 1. pag. 470. So Wide de MeriAbridgment, p. 187. But be known, then it docs not belong to the King's ton in his Charter to the Knights Templars

for

concealing

and Fine,

Prerogative. Britton, c. 1 7. fays 'tis every Subas foon as he has found any Treafure in ject's Part, the Earth, to make it known to the Coroners of 3 the County, Qfc. Sec Kitchin, fol. 40. Anno 1 ft 2. P. &> M. c. 1 5. This was anciently call'd Findarimra, of finding the Treafure. Leg. H. i.e. 11 Sec
Inft.fol.

Concefferunt

mihi

Fratres

unam

libertatem

ad fuum

molenditium, fcilicet, molendini fegetem pro rr.itltura reddenda pro fegete qua ejl in trcmuta. Paroch. Anti
quit.
/).

120.
in Marifco.

Cltrraruin. JJfque ad Trcncatum 2 Monaft. f. 211. b. A Trench.

1

132/
Crpnrlifa*

quavulor Dike newly cut. In a Pcrati- c Trevia diitur, ficut ipfe Princrpi Gmltetmut earn De Mechenley ufque in initio confiituerat, firmiter teneatur. Conftit. Norbulation, 33 H. 3. ad quandam trenchiam </< vacatur BythymC:ford. man, A. D. 1080. Ittm diximus de trcuga quod Chartular. Abbat. Glaflon. MS. fol. 97. a. fi aliquis vulnerat aliam, &.: trcuga vtro durat a Crcntdl, Trentale, An Office for the Dead die Mercurii poflero ufque ad diem Luna mane. that continued Thirty Days, or confiding of Cart. Dat. A. D. 1105. in Brady Append. Hill. Thirty MafTcs, from the Italian Trenta, that is Engl./.. 44. I Ed. 6. 14. Sec Triennalia. 2frial, Triatio, Is ufed for the Examination of triginta, mentioned Et volo Qp ordino quod Executor ts mei ordinant feu or- all Caufes civil or criminal, according to the dinate fa.iunt mum Trcntal pro falutt anima me*. Laws of the Realm, before a proper Judge ; of which there arc divers Kinds; as Matters of Fad Will proved, Anno 1456. ?treu,Pf, A great Engine to throw Stones a- fhall be tried by the Jurors, Matters of Law by a Wall in llorming a Town. 'Tis menti- the Jtifticcs, Matters of Record by the Record gainft oned in Knighton, Anno 1381. Pofuerunt etiam unam it (elf. A Lord of Parliament upon an Indidunum Trcpget, turn una mag- ment of Treafon or Felony, fhall be tried without machinam tnagnam na Gunna. any Oath by his Peers upon their Honours and STrcfpafa, TranfgreJJio, Signifies any Tranf Allegiance ; but in Appeal at the Suit of any grcflion of the Law under Treafon, Felony, or Subjed, they fhall be tried per bonos legates hoMifbrifion of cither, Staundf. PI. Cor. f. 38. where mines. If ancient Dcmcfne be pleaded of a Mahe fays, That for a Lord of the Parliament to nor, and denied, this fhall be tried by the Record of Domefday. Baflardy, Excommencement, Law depart from the Parliament without the King's Licence, is neither Treafon nor Felony, but fulnefs of Marriage, and other Ecclctiaftical But it is moll commonly ufed for that Matters, fhall be tried by the Bifhop's Certificate. Trefpafs. Wrong or Damage which is done either to the Of the ancient Manner of Trial by Combat and King, in his Foreft, or by one private Man to great AJftfe, fee Combat and Afftfe. Sec alfo Staundf. PI. another and in this Signification it is of two Cor. cap. 1, 2, 3. And Twelve Men. Triatio ejl Sorts, Trefpafs general, otherwife termed Trefpafs exaRiffima litis contefiata, coram Judice per duodecimvi 9 armii ; and Trefpafs fpecial, otherwife call'd virale Sacramentum, exagitatio. Pat. 3 R. Joh. m. and this fecmcth to be 3. in fidclitatc Lculini. Statuitur de triatione difTrefpafs upon the Cafe ; without Force, howbeit fomctimes they arc con- ferentiarum, dieli Leulir.i, Qpc. 'Tis ufual to ask founded. How to difiinguifh the Forms of thefc the Criminal how he will be tried ; which forWrits or Adions, fee F. N. B.jol. 86, 87. In merly was a very fignificant Qucflion, but 'tis an Adion ofTrefpafi, the Plaintiff always fues for not fo now, becaufe formerly there were feveral I Damages, or the Value of the Hurt done him by Ways of Trial, viz- by Battel, by Ordeals, and the Defendant. There is alfo Trefpafs ha!, and by Jury. And when the Criminal anfwered the Trefpafs local is that which is Qucftion, By God and his Country, it fhewed that Trefpafs tranfitory. fo annexed to a Place certain, that if the Defen- he made Choice to be tried by a Jury. But now dant join Iffuc upon the Place, and travcrlc the there is no other Way of Trial. Place only by faying abfque hoc, that he did the STrial pet ai, 1. c. Per Patriam, by a JuTrefpafs in the Place mentioned in the Declarati- ry. ribucl) and WrtbucbCt, Terblhetum, A Tumon, and aver it, it is enough ro defeat the Adion. Trefpafs tranfitory is that which cannot be brel, orCuckingftool; Use omnia concedimus Deo& defeated by the Defendant'sTraverfe of the Place, Ecclefi* Sanfti Albani cum Soca Of* Saca on Stroud becaufc the Place it not material ; but Adions of andStreme,on Wude and c\d,Toli & Teym, TriHamf ken, Murdre, Forflal, &c. Carta Joh. Trefpafs quare claufum fregit ought to be local buch, Braclon, lib. 4, cap. 34. num. 6. divides Tranfgref- Regis, Dat. 11. Jun. anno Rcgni 1. Mitlorem. See .\fo New Book 3irribunCUlU, The fame with Trefget. fionem in Majorem STrirennalc. Sec Trcntal. of Entries, verb. Trefpafs. ITnccfimii, An ancient Cuflom fo called in the "3rrcfV"flffanf0 Is ufed by Britten, cap. 20. for Borough of Bromyard in Com. Heref. becaufc Thir-

JTrrubfl, TreiMA, Tung*. feftivitale S. M'ehaelis itfjue ad Feftum S. Andrea trcuva, (i. *. the Patent-Rolls, Petitions grunted by our Kings p.ix)erat in villa. Sijuis tarn infregijfet inde Pra oji tus Regis to J- S. >u'Ti'enchcatorum nofirorum. Lib. accipiebat communem imendaiionem. A Domcfdci. Chcnth. Dovcre. <'nifl)li', Pag Dei, Tran'ta, Ff. trar.cher, to cut.
;

Crcnc!)f

-tn?.

(fiow the

r.

Tran
us

her.

To

cut,)

A Carver of Meat at

a Table

we ofcen

fiml in

Tremb

&

&

&

Paflcngcrs.

JEttQo?mr(,
as

To
,

turn or divert another

way

niger Heref. Hugoni Epifopo Lincoln CrigllUalC. Sec Trental. etiam quod trcftornarc poffit viam qua fe Concefjinius JPrtcninaltfl, Trentah, Months, Minds or Mafextetidit a Kenelmeton verfus Huntidon per quandam fes faid for the Dead during Thirty Days, or one partem bofci de Buggeden. Month after their Dcceafe. Inhibemus quoque 3TrfftDfI of ooublp folfft fthoe?, 2 8= 3 E. 6. diflriHius ne aliquis ReHor E.defia faciat hujufmodipaIt fhould rather be written Crefuiel, figni- Hum cum cap. 9. fuo Sacerdote, videlicet, quod ipfe Sacerd.s cutera fying the broad Edge of the Sboefole round aAxnualia lit Trines in Carta concrfja

viam treflornare

to turn the

Road.

Rex Johan-

ty Burgcffes paid t d. yearly Rent for their Houfes to the Bifhop who is Lord of the Manor. Lib.

prtter

ftipendia poterit re.ipere

I .

bout.

cennalia. Conjlitut. Rob. Epifc. Line. Apud. Appendad Fafii ul p. 4 1 Crrf. Sec 'Tart. STmiija, and STructf, a League, Trucc or STriningmot, The Court held for a Triding or Rex. Siiatis quod cum qui- Trithing. In the Charter of Hen. 1. to the Church reflation of Arms. d.im humid noflri regnum ncfirmn Apgtij, turn fofft of St. Peter in Tork. Nemo de terra Car/cni arum nee Shirefmot r.on moJico. pr/fottibus TrCBgH < ebftantibus, hofli S. Petri , nee Tridingmot
liter ingrrjji fiterunt.

Rot. Pari.

H.

4. n. 44.

Wapentacmot See fequebatur, fed calumpnians vel calumpniatns ante* fit

Cijlos

Treugarum.

um

TR
S. Petri re&itudinem Qp recipiebat Qp Monafterii MS. fadebat. Urttjing and Critlliiig, Trithin^a contains Three or Four Hundreds, or the Third Part of a

TR
the Compofition was to be
Shillings, viz. Tripodio.

urn

Three Times Twenty

Shire or Province
Circuit, which

Alfo a Court held within that

CripOlltlUm, Torcejier. aCriroua terra, A Quantity of Land containing Three Rods or Perches. Dedit unam trirodam

which

is

was the fame we call a Conrt-Leet, terra arabilis,qu<ee/lfofera cum pertinentiis in Staundabove a Court-Baron, and inferior to the ford, MS. Chart, penes Eliam Apmole,Ar.
See Cambden, tag. ioi. Breve de "KrifanfOntB POfll0, Southampton. &c. Rcgift. z66. Provifum efi Crilfrf, A Poftor Station in hunting. In quo Rex liher homo lihere pojjit facere Atturnatum cum ceteris fuperior undum legem venanconftitiffet , fe<

County-Court.
quod quilibet

Attornato de Icquelis,

fuum ad

in di, quamvulgus triftam defendendas niotas vocant,fingulis proceribus cum loquelas profequendas Trithingis, Comitatibus, Wapentachiis &* aliis Curt- fuis canibus fingula he* delegat, ut obfeffa undique btis brevi nojlro, Sur le Statute de Merton, c. 10. ftia, ubicunque eligeret exitum, inveniret exitium, &c. fine Servitium vel Officium Fiat autem Vifus Francii Plegii fir, viz. quod pax r.o- Decern Scriptores, /. 307.

&

ftra
2.

teneatur

&

confuevit.

Mag. Charta,
6l. Scft. Final.
Pupilla

quod trithinga fit Integra, ficut See Fleta, cap. 56.

effe

plane fapit, fiducia

mixtum
Glofl*.

lib.

firatium
fiis.

Truft.

in

Origo, ni fallor+a ox. See TriScrip.

cap.

&>

See Lath. Sec

uli, part.

Origin. Jur'tfd. fol. 5. cap. 22.

26.

and

Roger Rovenden, parte pojier. fuor. annal. fol 346. Sec hath. Et volo quod diBi Monachi fint quieti &P foluti ab omni fcotto, Geld, auxiliis vicecomitum, Uya feci a in Schirii, Wapentacbiis, Hundredis, dagio,

&

Trithingis,
r/bus

&
&

omnimodis

aliis

Cnriis

&

fxculi one-

univerfis.

94T.
fred i,

Abb.
fol.

Regis Anno Monachis Croiland, V. vitam Al-

Charta

Ealdredi

e> Trilla, From Traifi, i. Truft, an Immunity, whereby a Man is freed from his Attendance on the Lord of a Foreft, when he is difpofed to chafe within the Foreft, and fhall not be compelled to hold a Dog, follow the Chafe, nor ftand at a Place appointed, which otherwife he might be, under Pains of Amerciament. Manwood, part 1. pag. 8<J. Et fint
Criffitf, Triftris
Is

quieti,

79.

Inft.f. 306. ntl)ing;lReoP, The Third Part of a County, or Three or more Hundreds or Wapcntacks, or Jurifdi&ion of were called a Triding or Trithing, fuch Sort of Por- Similiter in tions are the Laths in Kent, the Three Hundreds. Rapes in Sujfex, quinque cenAnd thofc who gouno &P dimidio de and the Ridings in Torkpire. de Wichelave, t.-riatibus, dimid verned thefc Trithings, were thereupon called Dyrham e> in trijugo de Wines-tune. Hiftor. Elienf. See Triumvir. edit Gale. lib. 2. cap. 2. Trithing-Reves, before whom were brought all Caufes that could not be determined in the Wa3Tnnif)>#lf Ptiff Is a Houfe at Deptford, which or Hundreds. See Spelmanof the ancient belongs to a Company or Corporation of Seamen, pentakes, that have Power, by the King's Charter, to Government of England, pag. 52. take Knowledge of thofc that deftroy Sea-marks, Criffega Was the uppermoft Room in a Houfe; and ro rcdrefs their doings ; as alfo to correct a Garret or Room Three Stories high. 'Tis menthe Faults of Sailors. &c. and to take care of tioned in Mat. Pari/, anno 1247. Rabebat nempe in divers other Things belonging to Navigation, ipfa navi, ficut de area Noe legitur, diverticula and the Seas. Anno 8 El. 15. and 35 17. 6. Triftegas, cameras &> conclavia.

of

2TritrrilCl)l,Thc ~Er\A\Q\ Saxons call'd the Month by this Name, becaufe they milked their

de Chevagio, Hondpeny, Buchftali, &> Triftis, & de omnibus mifericordiis, &Pc. Privileg. de Scm&>c.

May

plingham, 4

Cattle Three Times evory Beda de ratione Temp. c. 1 9. ^rifUgtim, A Trithing.

Day

in that

Month

&

&

CrimUmijHfS
folutio.)

(Sax. Dri-nigongild,
delicti
i.

i,

e.

Ter nana

Grandis
Is

compenfatio, qu*.
e. folutionibus.

non abfolvito

Three Hundreds
Elienf. cap. 42.

tur nifi ter novem gildii,

Trithing-Man, or Conftable of Nee mora adeft Thord. cum Centurionibus &> Triumviris Prtconibus. Hiftor.
Criutnbir,

&

%r\nke
catch

Kind of Net or any Engine

Anno
2

Fifii withal.

R.

6. c.

5.

CronajU', Tronagium,

Is

Cuftom or Toll

ta-

Staple all other fecular Mart, by a common Trona or legal Standard. trinoda ncceffitatc Service. Excepta This Trona or Beam for the Tronage of Wool, was Pontis & Arcis conFxceptis his tribus, Expeditione, fixed at Leaden-Rail in London. Paroch. Antiq. pag. 46. Sec PonfiruBione. CronatCV, From Trona, i. ftatera, An Officer tage. in the City of London, who weighs the Wool that <t"iOUr0 Are fiich as be chofen by the Court is brought thither. See his Oath in the Book of to examine whether a Challenge made to the Oaths, f. 231. or any of the Panel, be juft or no. Bro. Panel, Ct'OpfT, Troperium, Troparium, A Book of alTit. Challenge, fol. 122. and Old Nat. Brev. fol. ternate Turns orRefponfcs in finging; Mais, called 158. by Lindewode, Liber fequentiarum. Thomas Becket Nulla jnLeg.H. 1. cap. 64. In quibus vera Archbifhop of Canterbury pleaded jSTripOtiiUin. Ladam haberet, ferat judicium Tripo- Jlitia defuit Johanni in curia mea, fed ipfe {nefcio ,catifis triplicem The Meaning is, That as for jus confilio, an propria voluntatis motu) attulit in curia dii, i. e. 60. Solid. a fmall Offence, or for a trivial Caufe, the Com- mea quendam Toper, (it ought to be Troper) &> jufo for a a curia great ravit fuper illam, quod ipfe pro defeBu pofition was Twenty Shillings ;

Item, Ulnas, fays, That Trona is a Beam to weigh with, mentioned in Weftm. 2. cap. 2 J. See or Impofition, to which all Lands were fubje&ed Pefage. Monaftlon, 1 Tom. 976. Et fint quiein the Saxon Times, i. e. toward the Repairing of ti de omni pavagio, pieagio, terragio, tronagio, ponof Caftles or Garrifons, Bridges, the Maintaining And indeed Tronage was ufed not only for and an Expedition to repel invading Enemies. In tagio. the Cuftom or Toll in the Weight of Wool, .but the Grant and Conveyance of Lands, they were for the Weighing of it in a or Publick
"Erinctfia jHECCfiTltapr,

^CrinobanteS.

Middlefex and Effex.

ken for weighing of Wool.

nereffary

Fleta, lib. 2. cap. 12.

Threefold

Tax

feet.

many Times exempted from

juftitite

Offence, which was to be purged Triplki

Lada, mea

receffit

R. de Hoveden

Rift.p. 283.

Cometh of the French Trouver, i. invean Action which a Man hath againlt one, thac having found any of his Goods, refufcth to deliver them upon Demand. Seethe New Book of Actions of Detinue arc of Entries, verb. Trover. late much turned into Actions upon the Cafe. Sur Trover & Converfion, Preface to Roll's Abridg3Tro\JPr
is

lemptis

ix,

den.

Confuctud.

domu* de Farcndon.

ni'e,

JidS.fol. 16.

<ttumbjru\ TumbreUum, TurbUbttum, I* an Engine of Punifhment, which ought to be in every Liberty that hath View of Irank-plcdgc, for the Correction of Scolds and unquiet Women. KtJin,
fol.

hook of Entriei, Item fi aliquis qui CroTrtoetpllf, {Pondus Troja.) Sec Weight. nofiram, per ajfenfum e> confenfum Comcalled Troy weight, from Troyei, a City in Cbam- burgenfium nofirorum admiffus juerit, fecerit aliquod dewhence it firlt came to be ufed lictum, per quod ad pecnam publicam feu vile Judicipaigne, from here. um, ut ad Collifirigium vel tumbrcllum, vel aliquod dedi ter- aliud hujufniodi IrtJfl, Truega, Fr. Truck, a Sow. adjudicatus fuerit, pro perjuro reputabirain cum reftauramento unius porcari* de decern truis tur, e> ipfo fa8o amittet libertatem fuam. MS. Co13.
Cuckingfiool,

Sec

New
1.

ment.

Franchife 2. 'Tis in libertatem

Et quo warranto

&> uno
fuibui

In another Charter de decern dex dc Leg. Stat. 8c confuctud. Burgi villa: Mont Cartular. Abbat. Radingcs. gom. fol. 11. MS. fot. 9J.4. nil, Con, In the End of Words or Name* Tres Trug frumenti vel of Places, fignify a Town, Village, or Dwcl fltruij, or aTrug<Co;n. From the Sax. Tun, Sepes, Vallum, avena faciunt 2 Bupels infra Frabendam de Hunder-< ling-place, In the Villa, Vicus, Oppidum And this from the Sax tort in Heref. MS. dc temp. E. 3. Ecclejia
verre
-

Of uno

verre.

.-

black Book of Hereford we find Truga frumenti for Dun, i. e. an Hill, where they formerly built And at Lempfier, at this Towns. that Mcafure of Wheat. STun, (Tunellum,) Is a MeafureofOil or Wine, Day, the Vicar has Trug- Corn allowed nim for officiating at fome Chapels of Eafe (as Stoke and containing Twclvc-fcore and Twelve Gallons, or within that Parifh. Haply it may come Four Hogfheads Anno 1 R. 3. r. 11. 2 H- 6. cap. Docklay,") from the Sax. Trog, which figuifies a great hollow 11. and 12 Car. 2. cap. 14. A Tun of Timber is Vcffel or Trough. 40 fol id Feet ; a Load 50. Ex dona Will.deBraofa dimid. iffruntUB, A Trunk or wooden Box, fct in unum Tuncllum v'mi rubri dt tribui modiis Churches to receive the Oblations of pious and in villa de S. ad Miffas celebrandas. Mon. Anel. well difpofed People ; of which, in the Times of 3 Par./. 8. a.

&

<Kuii<greuT, (Sax. Tungerava, i. c. Villa prapofiPopery, there were many at feveral Altars and Images, like the Boxes, which ftnee the Refor- tus,) a Reeve or Bailiff. Qui in villa (c> qua dicimation, have been placed nigh the Church- door, mus Maneriis) Domini perfonam fufiinet, ejufque vice moderator. to receive all voluntary Contributions for the omnia difponit Spchnan. ColUBum Jerofclymitanorum ujibus defiiPoor. dltliiaflf, alias Connflfi^ (Tuunagium and Tonnar.dum truncus in fingulis Ecclefiis adaliafera con- nagium,) is a Cuftom or Import due for MerchanRad. de Diccto/6 anno 1166". Thcfc cu- dise brought or carried in T/,and fuch like Vcfduct. ftomary free-will Offerings that were dropt into fcls, from or to other Nations, after a certain thefc Trunks or Boxes, made up a good Part of Rate for every Tun. Anno 2 H. 4. ca. 3. 6 H. 8. the Endowment of Vicars before the Reformati14. 1 Ed. 6. ca. 13. 1 Jac. ca. 33. & 12 Car. 2. on, and thereby, as in many other Refpetts, cap. 4. It is fbmetimes ufed for a Duty due to made their Condition then better, than in later the Mariners for unloading their Ships arrived in Times. In the Ordination of the Vicaridge of any Havens, after the Rate of fo much a Tun. Archdeacon of Rich- Tonnage and Poundage began in the 45th of Edward Lancafler, by Henry Bowet the Third. Cottoni Poftbuma, fol. 172. See 4 Vicarius babebit mond, 1 March 1430. Inft. emolumenta fecundum confuetudinem diBa fol. 32. panis beneditri

&

parochialis Ecclefiic ad truncos tarn in

alibi infra

de

Lancajh. Oblationes qutfeunque diBa Ecclefia de Lancafh. quam

ipfius Ecclejia facias.

2IUIinOClIum, Tmmoutb.

parochiam

Collectan. Matth.

Hutton, S. Archid. Richmond. MSTurfs. 9lurbarp, Turbaria, From turba, an obfolctc JTruffa, A Trufs or Bundle. Among the cufor a Turf Is a Right to dig Turfs ftomary Services done by the Tenants in Cbtlef- Latin Word In vigilia S. Edmundi mittent pro on another Man's Ground. Kitcbin, fol. 94. And worth. in Elumofynaria fex rationabiles trufTas y?M- Common of Turbary is a Liberty which fome Teinfirmis in nants have by Prcfcription to dig on the Lord's in igilia Natalis Domini fex trufTas, minis, Pafcba fex trufTas. Ex Cartular. S. Ed- Waftc. Turbaria is alfo taken fbmetimes for the vigilia Ground where Turfs arc digged. And you fhall mundi. 410.
:

Et decimam dt Turbagio de una A Place where fol. 632. b. T. P. ex Rcgiltris Turfs arc digged ; or the Liberty of digging
CurbagiUtn.
1

Snathfeld.

Mon.

&

&

brought of Common of Turbary in & 7 E. 3. fol. 43. They likewife ufed Berwick upon Tweed. 8Tlfi0. turbus for the Turf and Turbarius for the Turfary. A Cottage. Omnibus, &*c. Henricus 3Tufta, Johndc Gray, Bifhop of Norwich, grants the Monks de SanBo Edmundo falutem Concefft red Paulyn of that Church this Liberty within his Manor of ditum meum de Ricardo Piknot Spicero viii. den. pei Elmham, Ut fodiant per vifum 6p liberationem fervifiP de Rogero Filio annum, pro tufta fua ubi manet entium iliius turbos in turbariis ejus, in ufis neceffariot Ricardo Carpentarii iiii fol. per ann. pro tufta fua ubi in turbarii Elmham Ex Cartular. S. Of domofua propria apudturbarum. fine wafio mantt in Hofenemanftretc. Ex omni venditioni EcaTucrobiUB 3MubiU#.

MS'f-

Twy

in Wales.

find

an

Aflife

5 Aff. PI. 9.

for draw'SurkiHi! Is a Sort of Sky-coloured Cloth. from Sax. getogan, to tug, or pull, or draw. In 'Tis mentioned in the Statute 1 Rub. 2. cap. ad carrucas emptis Hi. fol. it. den. in carucis 8. ferramentis ad idem per vices emendandis iv den. in jugis &P tuggis
ing,

Edmundi, MS. f. J 88. -JTuRca;, Ropes or Harncfs, or Traces

fine

Rcgiftr.

clcfix Norwic.

Cunnr*

^tirmertcb,

Turmerica,

Is

the

Root of an

danial)t (25eOc, Hofpes duarum nociium,

did any ablc for

If he

Herb growing

Difeafes in Horfes, and ibmctimes ufed for a Man It is reck- annal. alfo in Cafe of the yellow Jaundice.

in Arabia, medicinal againft divers

Harm

it,

to any, his Holt was not anfwerbut himfclf. Hove Jen part, fitor.
.

pofler

oned among the garbleable Drugs, Anno

cap. 19.

Jac.

See Third Night's awne-hinde. 345. CtreiftimOVtft The fame with Thanui. Amongft the Englilh Saxons every Man was valued at a
fol.

every Year,

Price ; and where an Injury was done Tourn, Is the Sheriffs Court kept Twice certain viz. within a Month after Eajier, cither to the Perfon or Goods, a pecuniary Mul& and within a Month after Michaelmas. Magna was impofed, and paid in Satisfaction of that InFrom this jury, according to the Worth and Quality of Charta, cap. 35. and 3 E. 3. cap. 15. Court are exempted only Archbifhops, Bilhops, the Perfon to whom it was done. And all Men Men were ranked into three Claflcs, which fee in Abbots, Priors, Earls, Barons, all religious and Women, and all fuch as have Hundreds of Hindena : Thofe who were worth 1 200 s. were Anno 25 H. 3. cap. to. called Tnvelfhindi; and if an Injury was done to their own to be

Curn,

kept.

Britton, cap. 29. cuits : It is a

cir- him, Satisfaction was to be made according to Things his Worth. CtoClUt" Jjjfjpn, Duodecim homines legales, Otherthat pertains to it. It is the King s Leet through and the Sheriff is Judge, and wife called the jury or Enqueft, is a Number of all the Country, Sec Cromp. Twelve Perfons, or upwards, to the Number of this Court is incident, to his Office. and 4 Infl. fol. 260. Sec Fleta, lib. Twenty-four, by whole Oath as to Matter of Jur. fol. 230. 2 cap. 52. and Mirrour of Juft. lib. 1. cap. He Fact all Trials pafs, both in Civil and Criminal It is called the Sheriff's Turn, becaufc he Caufcs, through all Courts of the Common Law turnes. a Turn or Circuit about his Shire, holding in this Realm. Firft, in Civil Caufes, when keeps the fame in feveral Places. Sir Jo. Dodridge's Hifi. Proof is made of the Matter in Queftion, then the Point of the Fact (that 'hey arc to give their See SeBa Regalis. of Wales, fol. 50. Tornetum, A Tax or Acknowledg- Verdict upon) is delivered likewife unto them, Curnerum, ment paid to the Sheriff for holding his Turn or which we call the Iffue ; then they are put in Ho- mind of their Oath to do Right, and are by the Abbas &> Conventus County-Court. mines fui funt ubiq; quieti de torneto, fed quo War- Judges, who fum up the Evidence, fent out of Cartular. Abbat. Glafton. MS. f. the Court by thcmfclves, to confider upbn the ranto nefciunt. Evidence on both Sides, until they be agreed, a. 87. e. which done, they return to the Court, and deClimep, or Coumamctlf, (Trench Tourney, 1. a martial Exercife of liver their Verdict by the Mouth of their Fore Decurforium) Signifies Horfeback one man according to which (if the Matter be not Knights or Gentlemen fighting on with another in Sport ; and is thus defined, Tor- arrefted or ftay'd by the Court) the Judgment

calls it Tour, id

eft,

ambitus,

Court of Record

in all

&

neamenta dicuntur nundin*. vel ferU in quibus milites paflcth. See Glanvile, lib. i.e. 14, 15. In Caufes ad oftentationem virium fuarum criminal there are Two Sorts of' Enquefts, one ex conditio convenire, &> audacU, temere congreiii folent. This Word is called the Grand Enqueft, the other the Enqueft ufed in the Statute 24 H. 8. cap. 13. but the of Life and Death. The Grand Enqueft is fo calwas led, either becaufc it confifts of Sixteen at the Thing it felf is now difufed. But anciently of fuch Note us, that it was ufed as a leaft, or elfe becaufe all Caufes Criminal or

&

among

Kind of Epoch in publick Writings as, Habendum a Fefto SanBi Michaelis proximum ante primum Tourneamentum fuit tempore Domini Regis Rich. Anno 1 1 94. Charta penes Eliam Aflimole, Arm. Thele martial Exercifes were very frequent in
;

former Days.

The
Wars
;

Men

for the

Intent was only to enure for they fought with blunt

:

Weapons, and in great Companies For which Reafon it differed from another warlike Exercife, for that was a fingle Combat by one Man nion generally, either by writing thele Words, Jufis Billa vera, upon the Bill of Presentment, which againft another. &UM0 aaiifccmifum Is a Writ that lies for is an Indictment of the Party prcfentcd ; or that are called to the Sheriff's Turn elfe this Word Ignoramus, which is doubting of thofe out of their own Hundred. Reg. of Writs, fol. the Fa& prefented. Now as Criminal Caufes be of Two Sorts, either capital or finable, fo is Currtbulum, Thuribulum, The Incenfe Pot or there a double Courfc of thefe Indictments ; for Smoaking Pan of Frankincenfe, ufed in the pub- in Caufes only finable, the Party indicted muft lick Devotions of the Church of Rome. Among either traverle the Indictment by denying it, and the common Ornaments of every Parifli-Church, fo it is referred to a Petit Jury, whereby he is Turribulum cum either convicted or difcharged of the Crime ; or before the Reformation, was Ptroch. Antiq. p. 598. The Choriftcr or elfe if he confefs it, the Court fetteth a Fine navi. Boy who ufually carried this Thurible, was called upon him without more ado. But in Matters of Puer thuribularis. And I have heard it a happy Life and Death, the Party indicted is commandConjecture of a moft ingenious Friend, that a ed to hold up his Hand, and anfwer, Guilty or treble Voice in Mufick was owing to the fmall and Not Guilty; if Guilty, he ftandcth convicted by his As own Confeffton ; if Not Guilty, he is farther reflirill Tone of the Thuribular or Incenfc-Boy. the faid Boy carrying a little tinkling Bell in one ferred to the Jury of Life and Death, who confiHand, might poflibly give the Name of Treble to der upon the Proof brought againft the Prifoner, and accordingly bring in their Verdict ; accord the leaft Bell. Ctoaite Signifies a Wood grubbed up, and ing to which he is either condemned or acquitted.
;

Penal pafs firft through them whereas the other Enqueft is efpecially appointed for one or few Matters touching Life and Death committed to their Confideration. Thofe of the Grand Enqueft are called by BraBon, Duodecim milites, lib. 3. trail. 1. cap. 1. num. 2. Becaufe they were wont to/be Knights, if fo many could be had And their Bufinefs is to receive all Prefentments of any Offence, and accordingly to give their Opi;
:

turned to arable.

Co. on Lit. fol. 4.

Of

this

read more in Indiilment,

Ajfife,

Jury. Sec the

the Stat. 55 H.

8. cap. 6.

&> 37 H.

8.

M.

E.

5.

and

Eliz. cap. 25. HCuiflljetlOP, Tv/ihende,

5

Under our Saxon Government

Twybind, T-wybindman. all Pcrfons had

V.

fuch an Eftimatc or Value pur upon their Heads, according to their Quality or Degree, and according to fuch Eftimation were reduced to their The lowcft diftinci Claflis, Rank or Order. Order was that of the Ceorls or Husbandmen, who were valued at 200 Shillings, and called Twibunde-men : The Middle, rhat of the lefler Thanes or Free-holders, who were valued at 600 Shillings, and thence called Syxhundemen. The Higheft, that of the Thanes or Noblemen, who were rated at 1200 Shillings, and called For which, fee the Laws of Tvielfhundemen. King Alfred, cap. 12, jo, 31 , 32. and of King H. and 87. Siqua Lucia vel ordinata cap. 76. aut torum quifpiam, qui patria lingua Twelfperfona, hende vel Twihendc nominatur, aliquant advtrfus Ec*
banc I'oluijfet calumniam ma.hinari. clejiam Ramef. Edit. Gale, cap. 57.
Hilt.

a numeral Letter, and (lands in reckoning for Five ; and among the anticnt Ramans was iifually written alone as a Prtnomtn, as M. V. for Marcus Valerius, and the like; whereof, among Latin Writers, you may find plentiful ExIs

amples.
3Hacarifl, A void Place, or waflc Ground Dedimus omnia domini.a in Com. Lan noftra qu* funt
.

cum vacariis dt Wire/dale Lounfdaie. forefiis Memorand. in Scacc. Mich. 9 Ed. 1. by Sir John
Maynard.
tUi.uarion, Vacatio,

&

betwixt the of another.

in

Is all the refpeaive Time End of one Term and the Beginning When fuch Times began and ended

thilac (it ought to be pen. As prima vaeatura, the firft Voidance, proxipiegium non babeat, in prima tyhtlan) id eft, accufatione ponatur in carcanna, 8p ibi ma vacatur a, fc. donee ad Dei judicium eat. SiliKfa IflCtCatlJ, Milch-Cow. Et praterea fuftineat Cpltoitll Is a Britijb Word fignifying, Familia, ad tres vaccas la&carias &* ad unum Paltfridum ir. Famulitium, Tribus, and is derived either from mea dominica paftura. Reg. Priorat. de

our Anceftor's Days, fee Roger Hoveden's Annals, where you fliall find that this Intermiflion was called Pax Dei gf Alio Fxclrfie. Cvhtlau, Accufation, Impeachment, or Charge the Time from the Death of a Bilhop, or other of any Trcfpafs or Offence. As in the Laws of Spiritual Perfon, till the Bifhoprick, or other King Elhtlred, cap. 2. Nee compenat aliquis pro ulla Dignity, be fupplicd with another, is called Va tyhtlan, fi non interfit teftimonium Prdpofiti Regis. cation. Weftm. I. cap. 21. & 14 E. 3. cap. 4, J. See There is a Miftake in the Laws of King Canute, Plenarty and Non-Term. as publillicd by Brompton, cap. 56. fltlarafura, A Voidance, or Vacancy, of any Siquis amicis ad tantum laborem venerit, ul Ecclefiaftical Benefice that (hall hereafter hapdefiitutus Vel alienigena
part.pofter. fol. 343.

49. domui aptus, or elfe from Tylath, which fignifics JWacrarr, alias 23arcf)atT, (Vaccaria, al. Vaccha Trabs, tignus : In the firft Derivation it fignifies a ria, Vachiria, and Vacberia) Is a Houfe or Place Place whereon to build a Houfe, and in the fc- to keep Cows in. Fleta, lib. 2. cap. 41. Domus five cond a Beam in the Building. And Tyltoith is a locus quo vaccse aluntur, vel quo negotium quod ad tas Tribe or Family branching or ilTuing forth of attinet perficitur. Spelm. a Dairy-Houlc or Cowanother, which we in our Englifb Heraldry call Paftnre. Without Warrant, no Subjer may have Second or Third Houfes: So that in Cafe the great a Vaccary within the Foreft. Cromp. Jur. fol. 194. it felf into fcveral Tyl- But in the Srat. 37 Hen. 8. cap. 16. Vacchary fcems paternal Stock branched fecond or youn- to be a fpecial Name of a certain witbs, or Houfes, they carry no Compafs of of Ground within the Foreft of ger Houfe his Tylwith farther ; and the Ufe AJbdovjn. And we thefe Tylwitbs was to flicw not only the Originals read of the Vaccary of Wyrefdale in Com. Lane. Rot. of Families, as if their Work had been merely Fin. 35 Edw. 3. m. 23. to run over a Pedigree, but the feveral DiftinciHaccariU, The Cow-herd, or Herds-man, who tions and Diftances of Birth, that in Cafe any looks after the common Herd of Cows. See his Line mould make a Failure, the next in Degree Office defcribed in Fleta, lib. 2. cap. 2. This Offimay make an unconfounded Ufe of their Icte- cer is ftill in French called Va<her.
Tile,
ftetit

i.

e.

locut

ubi

domut

vel locus adificand*

MS.

VVormley,

f.

reft,

in Gaaccording to the Rules of Partition

3Uacl)ibia,

Vachary, a Dairy.

velkind.

Cpnibcr
Rates,
fol.

Of

4>fctnjS

Is

Forty

Skins.

Book of
fint

18.

Cvmppnp,
quieti de tributis

Abbas

&

& Monacbi Rading.

Sf
ftallagiis,

unam carrucatam terrx unam vachiviam de 40 vaccis cum feBa earum per tres annos, Qp pafturam ad 500 Oves cum fefta earum per tres annos. Mon.
Angl.

&

Dedit

eit

Tom.

3. p. 1 y.

laftagiis

peny &> Tympcny, In fuper ajpfts, cW.

de ThethingSaaulUtn, Service upon de fummonitionibus dt affifts

&

Wages, Salary, or other Reward of

Compaft or Covenant.

Memorand.

Scac. de
1

Anno

Philip-

pus Epifcoius Elien. Qpc. Noveritis nos con.ejpffe Walte-

20 E.
419.

t. int.

where written
jg,\)ne t

Record, de Trin. Rot. 3. Mon. Ang. Tynpeny.

It isclfe-

par. fol

&
ro

Farnham

ojficium cuftodis palatii noftri Elien. II denarios per diem pro vadiis fuis pro officio

fupradiBo

Puer quidam fubmerfus

in vafe tulario

Dat. 1. Apr. 7. H. 6. Ex CarEccl. Elien. MS. penes Joh. Epifc. Nor-

Gallice aquaria quod

Tyne

vocatur.

wic.

f.

56.

Liber de Miraculis Tho. de Cantilupe, Epifcop. 1&er HaPium yinnerf, To take Security, Bail, Hereford. MS; penes D. D. Will. Glynne Baronct- or Pledges for the Appearance of a Delinquent in fome Court of Juftice. Edwardus Rex Vicetum. comiti Oxen. Salutem, Kyttltg. See Tubes. Pracipimus tibi ficut alias tibi pr*cepimus quod ponas per vadium fcV f.xlvos pltCptljla. SeeTibla. Paroch. Antiquit. pag. gios Johannem dt Burey.
534-

k k

3!"

?n

ffiJatiin

Equivalent as a

Money

To pawn, or leave any Quod ego Henricus Comes Lancaftru, Leiceftr. DileBo Pledge or Surety of returning Nichol. Senefiatius AnglU Dedimus borrowed or owing In vadium ponere, has Valetto noftro Johanni le Blount novem acras terra cum
e^V'O nPrf >
:

&

the fame Senfe.

fljjsuium

pertin.

in Holland in

Forefta noftra de Duffeld, Qpc.

3.

mtyfuum, Literally a Mortgage, Bat. apud Hegham Ferrers 3 die junii $Ed. Lands or immoveable Goods fo pawned or cnga. Wal. Kirkham Blount, Bar.
ged to the Creditor, that he has a Right to the mean Profits for the Ufc of his Loan or Debt. See Glauvile, lib. 10. cap. 8. 5Ua0iare DueDum,To wage a Combat; that was when a Pcrfon challenged any other to decide a Controverfy by Camp-Fight or Duel, and threw down a Gauntlet, or the like Sign of Defiance, which if the other took up, this was vadiare duellum, as it were to give and take a mutual Pledge of fighting. A SUaDtat Seems to be the fame with ValtB.
tens ceus

Penes

Valet

Was

antiently a

Name

fpecially denoting

young Gentlemen, though of great Delcent or Quality, but now given to thofe of the Rank of

Yeomen.
minabus
effe

Selden

s Titles

of Honour,

&9 de Valeftis

&

fol.

831.

De

do<uel

puellis,

qua

fiunt

que

cetes lettres verront eti

&> de valentiis terrarttm &P fi quis coram vel earum fit t,;rntatus t &>c. Bra&on, lib. 3. Tra&. dc conn. cap. 1. par. So in the fame Chapter, De valettis integrum 3. feodum militis habentibus, which fhews that valetti were the Sons of Men of Quality. So Fortefcue orrent Gilbert TaU in Laud. Leg. Angli*, cap. 29. Sunt valeti plurimi
debent in donatione Regis,
;

fiuarum

Sachez moy aver affignez &* plein a mon cher Vadlat, Johan de Lunhales de en mon mm dis Livcrecs de terre a lejlente purchafer

bot

fialutz en dieu.

in

regione

ilia

qui plufquam fexcenta ficuta txpendere

i.

poet done

poffunt,

&c.
e.

en Counts de Hereford,

&

la

feifine

la terre referver

&

ffllalentia,

The Value
in vita,

or Price of any

Thing.

Malmsbury

S. Adhelmi, cap. 10.

en

mon nom continuer, tanqull eit autre mandement de Hoveden, pag. 783. See Value. En tefimoignianie, &>c. dat. 10 Martii. lEd.$. aaalefljma, ' * The Kindred of the Slain, moy. Ex Regift. Priorat. de Wormley penes Edw. Har- one on the Father's Side, and another on the Mother's Side, to prove that he was a JYeljhman : lcy, mil. Balnci. flflaDuni, A Ford, or wading Place, and arc to It is mentioned in Statuto WaUi, Anno 12 E. I.
ford or
ble.

fordable or paya- cap. 4. Proximo 4 viliata propinquiores loco, uhi cafius Et quod homicidii contigerit, veniant ad proximum Comitatum homines fiui faciant fdelitatem ad Vadum Parci prx- una cum inventore e. parentale interWalefheria, ibi ditli R. Carta antiqua. prtfenter.t faBum felon'u, feBi, aaaUum, The PiBs Wall. afjfl, The River Medway. SlagauGtiO, (Vagabundus) One that wanders aMnlUt, Valentia, Valor, Is a known Word, yet bout, and has no certain dwelling; an idle Fellow. Weft in his Symbol, part 2. Tit. IndiBments, fieB. 70. Rogues, Vagabonds, and fturdy Beggars, men- nicely diftinguilhcs between Value and Price : De Vagabundis tioned in divers Statutes. His Words arc thefe : The Value of thofe Things aliis hominibus mendicantibus, qui fie nominant Tra- in which Offences are committed, is ufually velyng-men, &>c. Carta 22 Hen. 6. m. 34. n. 96. comprifed in IndiSments, which fecms neceflary Item utlmur, quod nuttus Vagabundus vagetur feu in Theft to make a Difference from Petit Larceny, deambulet de noBe In villa feu fiuburbio ejufdem poft and in Trefpafs to aggravate the Fault, and inpulfationem Campan* noftr* communis, vocat* Cover- creafe the Fine : but no Price of Things fcr<e ibidem capiatur poft pulfationem diBa nature, fu ; ft aliquis may be cxpreffed, as of Deer, Hares, fipc Campan<r, ducatur ad Gaolam Domini Regis, &* ibi if they be not in Parks and Warrens, which is morabitur ufique In craftlnum, ut notitia perfone. fut, a Liberty. Anno S E. 4. fol. 5. nor of Charters emendas faciei ad voluntatem Ballivorum of Land. And where the Number of the Things habeatur, &> Comburgenfium , per Balivos Capitales liberetur, taken are to be exprcfled in the Indi&mcnt, as MS. Codex de Lcgibus Statu- of fi hoc petat. young Doves in a Dove-houfe, young Hawks a tempore Hen. in a Wood, there muft be faid (pretii) or {ad vatis Burgi-villse Mountgomcr. lentiam) but of divers dead Things advalentiam, of Coin not current it fliall be 23ag3nfP0 For Vacantes. Concilium Wi,rm. cap. 32. and not pretii De Epifiopis Presbyteris Vagantibus qui Parochial pret'ii ; but of Coin current it mail neither be non habetityQpc. So Vagantes terra ate forfaken and faid pretii nor ad tialentiam, for the Value and uncultivated Lands. Price thereof is certain. aUallie Of ajjarriagr, Valore maritagii, Was a Magf. See Waga. 3ilaginalantf0, The fame with Vagans. Leg. H. Writ that lay for the Lord, having proffered 1. cap. 85. Si quis in hoftem fiuum incidat vel Vagi- covenable Marriage to the Infant, without Dispalantem, &c. paragement, if he refufed to take the Lord's JBaglliacae, Maidftone/m Kent. Offer, to recover the Value of the Marriage. Reg. See PalJHalEtt, 311 a Iff , or JflaOf lrct, flflaDIaf and fflJa&V, Orig. fol. 164. Old Nat. Brev. fol. 90. (Valcttus vel valeBa. Qui juxta dominum vadit feu mer's Cafe, Co. lib. J. fcl. iz6. and the Statute 12 French Valet.) A Servitor, or Gentle- Car. 2. miniflrat. cap. 24. man of the Privy- Chamber, according to CamhSUantj, He vanged for me at the Vant, i.e. he But Selden (in his Titles of Honour, fol. 831.) flood for me at the Font. The Word Vanga alfo den. fays, Valets anticntly fignificd the young Heirs fignifies a military Weapon like a Spade. Gervafi which were to be Knighted, or young Gentlemen Dorob. Anno 11 98. TJnde faBum eft ut ruftici imperiti of great Defcent or Quality, but now attributed Vangis & foffariis affueti, armis militaribus glorianIn the Ac- tur inviti, &c. to thofe of the Rank of Yeomen. counts of the Inner Temple it is ufed for a BenchtBJana, In the Ordination of the Vicarage of er's Clerk, or Servant ; the Butlers of the Houfe Vicarius perciAysherth, made 27 Apr. 1423. 16 acras term in campis de Ayskerth prope corruptly call them Varlets. In Reg. of Writs, 25. piet Valettus. h. If the Sheriff be a Vadcleft of the eandem Ecclefiam cotiftitutas, prout jacent in eifdem Crown, &c. Coke on Littl. fol. 1 56. Sciant campis de Ayskerth fimul in longitudine ah extremitate
over.
Vadibilis,
it

wade
I

But

have feen

thus ufed,

&

&

/'.

&C

&

&

&

&

&

&

',

orientali

VA
oriental! de le

V E
&
HH.ifro

uf

tie

vanam

le Gille Mankeftete Vfrfui ocidentem ad Alidilkenel in It Sour myre fert ujqut

WaffflPrM, VafTalagc, or Tenure of Vaflali. Is a Writ that lie* for the Heir

eynge, &>c.

Collc&an. Mat.h. Hutton, S. T. P. ex the Tenant for Term f Life, or of Yean, for Richmond. making Wafte ; or for him in the Rcvcrfion or Rcgiftris Archid. F. N. B. <.<. SilllMrillS, Frtcurfor, As Vatitariits Regit, the Remainder. Reg. Orig. fol. 72. fol. Rlhardus Rokejle miles te- 7<J. and Rtg. Judic. Vide King's Fore- footman fol. 17, 11, 13, & 69.

againrt

&

1. nebat terras Se.ttonia per Serjanti.im ejfe Vantarium 6 cap. donee perufus fuit pari folutarum ilatfum, Regit in Gafcoigne, d. /. dum triviffet par calceorum pretii 4 d. the Cattle tretii

5.

Rot. dc finibus, Term. Mich. 2 Ed. 2. Latin Vannus. A Fane 3LlaiiP*, Saxon Fana. or Vane, a vcriatilc Ornament on the Top of a Houfe, or other Building, to ihew the turning Cum duobus and fitting of the Wind.
ventilogiis, videllet,

vannys

de

Tyn

emptis de fabre

Common lying open to Tenants who have a Right of ight Thomas de Fektnham debet Commoning, Regi quinque marcas & unum palefridum, fie quod inquifitio fiat utrum membrum illud de manerio de Hrubal, quod idem Thomas tenet, debeat participate de vafto manerii de Bruhal ratior.e communis ejufdtm manerii in Paroch. quo communi nihil habent ut dicunt.
Wafte or
of
all

Antiq.

de

Oterlton ponendis fuper utrumque finem pradiBi Paroch. Antiquit. pag. 575. dormitorii v fol. ii den.

p.

171.

5Uare?,
Fur.

'

'

AA

ponticus, VV'hofe

Skin

is

anaflum ftafll* ucl borci, That Part of a Forcft good or Wood, wherein the Trees and Underwood were fo deftroyed, that it lay in a Manner Wafte and
Barren. S.iatis quod de vaftis de nofiris inforefia nofira Berneviode in Com. Buck, dedimus. eUfc. Paroc. Anti. 1 Si bofcus Domini de Pidinton abeat in van j in p. 3 5
.

Et
It is

ijuai

hue mittit varias Hungaria

in Hoveden, pag. 642.

pellet.

mentioned
tie!

la* poll

proximiim pafeba utatur Vario,

efcarlata.

fabellino,

turn acquietabunt Dominum pro diBis boutbote vel grifio, Del bote. Ibid. p. 497. Is one that in 5Uat)ufo.', alias atlalfoafn/,
nul-

Et quod

& hey-

fllirgi-

See Wargi.

Perfons outlawed,
in

who

nity

is

next to
lib.

Baron.

DigCambd. Brit. pag. 109.

8. fays thus of them Rtgni, qui dicuntur Barones, hoc robur Belli : Sunt &> alii eft f qui dicuntur Vavafores, Verjad, from Vavafor enim nihil melius d&ariaru'e, Variatio, Signifies an Alteration, or viri magna dignitatis. As the did poterit quam vas fortitum ad valetudinem. And Change of Condition, after a Thing done: Commonalty of a Town make a Compofition Cambd. pag. 1 38. fays, Frimis etiam Normannorum with an Abbot, and after obtain Bailiffs by Grant temporibus ft* Thani proximi a Comitibus in dignitatt from the King. In this Cafe, if the Abbot com- cenfebantur, &> Valvafores majores ( fi illit qui dt mence any Suit for Breach of the Compofition, feudis fcribunt, crtdimus) iidem fuerunt Baronet. he muft vary from the Word {Commonalty) fct Rex, &=c. Ballivis Petri de Pratellis de Infula Gerfe down in the Compofition, and ufc Bailiffs and & Gernfe, &c. volumus quod Epifiopi, Abbates, Commonalty. Bro. Tit. Variance, fol. 292. It is Abbatiffa, Clerici, Milites, VavafTorcs, fip alii qui alfo ufed for an Alteration offomething formerly redditus &P tenementa habent in infula Gtrfey, Sf*c. quinlaid in a Plea. See Variance in the New Book oj tain partem reddituum fuorum uniut ami, Sfc. prf

live

by Robbery.
that the

Cambden

his Britannia, tells

BraBon,

1.

us,

Britons called a Rogue or whence this Word proceeds.

Robber Sunt

&

cap.

alii potentts

Entries.

beant

in Vavaforia vel aliit minoribus feodis quam Era& Baronia, quia caput non habent ficut Baronid. a Ward, as lib. 2. cap. 39. aitiflff, Vajlettus, Seems to fignify 13. Concordia aj-autrier, (Fr. Vaultriet, Lat. Veltrarius) A Man appears by a Par. I H. 3. in Dorfo Raduhhum de Normanvil, viz. quod that leads a Lime-hound or Grcy-hound for the inter Regem Rad. tenehit in fervitio Regis Geroldum Of Radulphum Chafe, a Huntfman. Efb. 34B/W. 1. u. 57. milites filios fuos, quamdiu puerra fsta duraverit, per Hence our corrupted Word featerer, for a DogRex ti remittal JOO Mariat quat debebant keeper. jic, quod Geroldi &> tteal SWoner, or atlfal fljobk Q?)onep. The Regi J-ohanni de fine pro redemftione diBi diBi Radutybi Vaflct- Tenants of one of the Tithings within the Manor per fit deberetur ; Thomas filius tus in cuffodia Regis, qui fimiliter morabatur in fervitio of Bradford in Wiltfb'rre, pay a yearly Rent by this Name to their Lord, the Marqucfs of WinRegis emm pradiBis Geroldo&> Radulpbo fratribus fuis. Waffs!, Vaffallus Signifies him that holds Land chefter, which is in Lieu of Veal paid formerly in

1Ha.r\$,Bodvary in FlintftiWe. 3fltrlrt0, By a repealed Statute of 20 Rich. 2, 2. were ufed for Yeomen or Yeomen-Servants cap. See Vale&s, and the Statute 3 Car. t. cap. 4. Will. Hunt VarlcS del Chambre mftre Seigneur le Roy. I fuppofc it milClauf. 12 R. 2. M. 43- in Dcrfo.
written for Valet.

Infulat defenfant.

See

fuftentandum milites &> fervientes quiprtdiBas Par. y Reg. Johannis, m. 7. more largely of thefe in Sptiman's Qkf-

ad

fary. Lands that a JUlabafoj)', Vavaforia, for held Q*od dicitur de Barer: a non

The

Vava-

eft obfer-

vandum

&

Kam

call him more ufually a Kind. aUf&za pIUbiUB, The River Wert whereof fome owe Fidelity and Service, and are called Vaffalli Jttrati. Skene de fhoprick of Durham.

in

Fee of

his

Lord, wc

Tenant

in Fee,

in the Bi-

divided into Homclogiim & mn Homnlognm. HoService with Exception mologus is he that fwca'rcth of a higher Lord, and non Homologut is he that fweareth without Exception, all one with Ligeus- And
is

iierhor. jignif. verb.

Ligeantia,

faith,

that Vaffallus

the fame Author, verb. Vaffallut, faith,

Vaffallus quafi Baffattus,
i.

that

it is

bccanfethe his Matter, and muft ferve Vaffal k inferior to and reverence him and yet he is in a Manner his Companion, becaufe each of them is obliged
inferior focius,
;

to the other.

be derived from the arc fuch as are fent the Court to take View of any Place in Queby 01.1 ftion, for the better Decifion of the Right. Nat. Brev. fol. 112. So likowife BraBon ufes it, lib. 5. traB. 3. It fignifies alio fuch as are cap. 8. fent to view thofc that effoin rhcmfclvcs de mah leBi, whether they be in Truth fo fick as they cannot appear, or whether they counterfeit. Br.iB. lib. 5. trail. 1. cap. to e> 14. Laftly, It is K k k 2 ufed
Jllfiourt*,
Vtforrs,

May

French

Voir, videre, intueri,

VE
;

VE

ffijenire facias Is a Writ Judicial dircSted to ufcd for thofc that arc appointed to view an Ofand goerh out of the Record, fence, as a Man murthercd, or a Virgin ravifhed. the Sheriff, and lies where Two Parties plead, and come to See View. for then the Party, Plaintiff or Defendant, ili'lrraria, Minifterium de Veltraria, The Of- Iffue Henricus ihall have this Writ dirc&cd to the Sheriff, to fice of Dog-leader or Courfer. de la Mura reddit compctum de 28 1. 6 s. 8d. pro caufe Twelve Men of the fame County, to fay Rot. Pip. 5 the Truth upon the Iffue raken. And If this EnPatris fui de Veltraria. minifierio quelt come not at the Day of the Writ returned, Steph. One who leads Greyhounds, then fhall go a Habeas Corpora, and after a DiaftettrariUsr, which Dogs in Germany arc called Welters, in itrefs, until they come. Old Nat. Brev. fit. 157. Ber- See how diverfly this Writ is ufcd in the Table Italy Veltro's, in France Viautres, Vautres. tram de Crial tenuit manerium de Setene in Com. of the Regijler Judicial. There is alfo a Writ of Cant, per fervitium inveniendi unum Veltrarium qui this Name, that is Original, as appears in Reg.

tres canes d/treret in

ret.

Blount

ted

Word

Vafoniam quoties Rex transfreta- Orig. fol. 200. Which Lamb, in his Proceffes anof "Tenures, pag. 9. The corrup- nexed to his Eirenarcba, fays is the common ProFeuterer is ftill in fomc Parts of Eng- cefs upon any Prefentment, not being Felony,

nor fpccially appointed for the Fault presented Veil or Piece o'< by Statute, whereof he fets down an Example in fl&elum quaDjauenmalf, Hanging drawn before the Altar in Lent, as a the fame Place. See alfo the New Book of EnItem tries, verb. Token of Mourning and Sorrow8. fol. 253. and 37 Hen. Enqueft,
land ufcd for a Dog-keeper.

ad

quodlibei

alt are,

cum
duo,

contigerit
ftp

miffam

inibi celebrari

cap. 5.

frit

fuperpelii.ea

unum rocbetum;

velum

aiientre facias
fpiciendo,

for

matronatf.
lib.

See Ventre
4.
cap. 14.

in-

quadragefimale, velum nuptiale, palla mortuorum &>c. Synod. Exon. anno 1117. cap. 12.

and Lamb. Eirenarcba,

p.

532.

in The Hymn-Book or Pfalter, fliJetiifarium, UU-f tl it*ia Are thofc Beads which arecaught the Woods by hunting. Leg. Canut. cap. 108. Ft wherein the Pfalm Venite exultemus Domino was ab- wrote with mulical Notes, as it was to be omnis fit venationc fua dignus in nemore, &c. fung at the Beginning of Matins. In the Sratutes of ab omnibus venariis Regis, &Pc. fiineat JUiermrio, The Word was fometimes ufed for the Cathedral Church of St. Paul's in London it the Excrcife of Hunting, but more often for the was ordained, 17/ Vicarii de novo recepti ftp in

&

fofle-

If any hunted without rum recipiendi fingulis diebus infra annum probationis Licenfe within the Liberties of the King's Po-\fua unum NoBurnum Pfalterii ita dicant &> attente next ftp ympnarium ac communem Sanctorum refts, * feverc Penalty was impofed at the hifioriam, faSwainmote ; which Fines and Amercements were vitatoria, Venitarium, adeo diligenter inttrea repenot allowed to the Forcfter, but commonly re-\tant quod ea corde tenus otius babeant. Liber Stat, ferved to the King. So when William Fitz- Nigel Eccl. Paul. aaciioni*, Higbcrofs. enjoyed feveral Privileges as Forcfter of Bernteode, ti&enra 1l5tlgaruni, Whchtfier. it was Exceptis Indite anient'/ s de viridi Sp venaWt\ta jficerHMUtn, Caftor near Norwich tione, qua Domino Regi omnino refervabantur. 3&eilfa &iluriitn, Caerwent in Monmoutbfbire. Paroch. Antiq. p. 73.

Prey taken, or Vcnifon.

&

MS

ffllcntcyuim, A Wind-Fan for winnowing Corn Idem computat in panno ad faccos ad commanding him to Confue fell Goods which he hath formerly by Command- ventorium empto iii fol. vi den. ment taken into his Hands, for the fatisfying a tud. domus de Farendon, MS. f. 16.

SUenDiriom

wmia^

Is

a Writ Judicial, di-

reftcd to the Under-Shcriff,

&

ft!.

Judgment given in the King's Court. 33. and anno 14 Car. 2. cap. if.
tSitndirctf -KeciiS,
;

Reg. JuAU.
a

Woman

filtntre infnjnencio Is a Writ for the Search of that faith fhc is with Child, and there-

The King's Seller or Salef- by with-holdeth Land from him that is next Heir Perfon who cxpofed to Sale thofc at Law. Reg. Orig. fol. 227 3Dp lleutrc itifnicrenDo, Form and Procefs of Goods and Chattels which were fcifed or diftrainit. Thomas de Aldham of Surrey, Brother of ed to anfwer any Debt due to the King, Domi- Adam deAldham, claimed his faid Brother's Eltate, Philippus de Lardiner clamat tjfe Venditorem ni Regis de feodo in Com. Ebor. de omnibus rebus que but Jean Widow of the faid Adam pleaded fhe vendi debent pro debito Domini Regis, vel etiam pro was with Child whereupon the faid Thomas obAuro Regin<e Ita, videlicet, quod ipfe vel certus fuus tained this Writ of the King to the Sheriff. Attornatus ibit ad mandatum Vicecomitis de loco in Quod affimptis tecum difcretis ftp legalibus militihus locum infra Com. fumptibus ft/is ad pradi&as lendi- &1 difretis Sp legalibus mullet ibus de emit at u tuo in tiones faciendas ftp capiat de unaquaque venditione propria perfona accedas ad ipfum Johannam, ftp ipfam pro feodo fuo xxxii den. Quo Warrant. Ebor. temp a predittis mulieribus coram prafat'u militihus videri Ed 1. Which Liberty was afterwards fcifed facias, ftp diligenter traflari per ubera Sp per ventrem,
man
the
;
.

into the King's Hands for the Abufe thereof, as appears by the great Roll in the Pipe-Office.

ftp

mquifitionem
ftp

tuo

figitto

Anno

2 Ed. 2. apud We flm. T. M. de Patefhal apud Well, xv Feb. 3&rnf lia Is a narrow or ftrait Way It is men Clauf. 4 H. 3. in the 1 Tom. pag. 408. Qua quiffikntftjF, For Vintilatrix ftumenti. Fleta, 2 lib. 'Mot/aft.
:

falfam certificari facias fub duorum Militum Juflitiariis

figitto

nofiris

Itioncd

dem

terra incipit

ad caput cup-fdam venellac qua quon- cap. 82.

dam

(P-enue or JEftlCh?, Vuinetum alias Vifnetum, Is taken for a neighbouring Place, Locus quern vicini or low Proftration oa the habitant. For Example, Twelve of the Aflife Ground ufed by Penitents. Walfingham, pag. 196. ought to be of the fame Venew where the Devenia. mand is made. Old Nat. Brev. fol 1 1 5. and Anno Rege interim profirato in longa And alfo 4. cap. 16. and 25 Hen. 8. cap. 6. 4 Per venias Centum vtrrmt barbis pavimentum. JhaU return, in every fuch Panel upon the Venire facias,
jacuit, dftCUEtlt North-Wales. 3&cnia Is a Kneeling

&c.

Six

VE
Six fujjicient Hundredcrs at the leafi, if thrrt be fo mam within the Hundred where the Venue lies. See
Vifne.
311

VE
onventione, ut ipfe Calvellus tf haredes fui fingidji annis dent cellerario 52 folomr.i re, prttr tret fro murdrum d> Cal, forisfaduras, id
1

Et

TfcunDitim, Injury, Trcfpifs, Damage.

ilenuril Is a Coining or appearing in Courr. furturn ft ipfe efi, Et tenetur de venerabili vellus vel bj redes fui fecerint, St* prater vcrccundiMonafi. I Tom. pag. 556. fi in puram, c>V. eleemofynam, um i;fe vel haredes patre Dunelmenfi Epifrepo fui fecerint Manachis Ecclefia vel Somncr of Gavelkind, p. &> pro una venurii ,id Curiam ipfius Epifcpi, &c fervientibus eqrum.

liftfragium, Fleta, lib. 2. cap. 4. par. 4. /_;'wj 1 74. de omni prtda befiiarum totam habere veragium, &lfrgf , Virgata, May fecm to come from the 1. e. all the French Verger, viridarium, and is ufed here in Engfpotred Bcatts. Sec Vert. Jill TO. land for the Compafs of the King's Court, which' MUtTDfro:, Viridarius, From the French Verdeur, bounds the Jurifd,ilion of the Lord Steward of i. is a judicial Officer of the King's the Cujlos nemoris, King'i Houfhold, and of the Coroner of the and that leeros to have been Forelt, chofen by the King's Writ in the full King's Houfc, County of the fame Shire, within the Foreft Twelve Miles Compafs. Anno 13 Rich. 2. flat. 1. where he dwells, and is i'worn to maintain and cap. 3. F. N. B. fol. 14. Britton, fol 6%, 69. Co. Rep. re- lib. Sec alfo 33 H. 8. 12. Fleta, lib. \. 4. fcl. 47. keep the Alfifes of the Forcft, and to view, ceive and enrol the Attachments and Prefent- cap. 4. fed. i. fays, This Compafs about the
1

all Manner of TrcfpalTcs of Vert and Veniibn in the Forcft. Manwood, part 1. pag. 332. His Office is properly to look to the Vert, and His ice it well maintained. Cromp. fur. fol. 165.

ments of

Court

portat ut

called Virgata, 4 virga quota Marifhallut Verge hath alfo anpztefiatis. other Signification, and is ufed for a Stick or
is

fignum fu*

Oath, Fee and Authority, you

may

fee

in

wood, part 1. pag. 51. He is to fit in the Court of to Attachment, to fee the Attachments of the Forcft, receive the fame of the Forcftcrs and Woodwards Lit. lib- I. cap. iq. that prcfent them, and then to enter them into JllfrpC Of iUn?, Virgata terr<, 28 Ed, I. Statute See Tard land. their Rolls. of Wards. Is the ffllerPirt, Veredicfum, quafi diUum veritatis, aHfrgrrflf, Vtrgatores, Arc fuch as carry white Anfwcr of a Jury made upon any Caufe, Civil Wands before the Jufticcs of either Bench. FitOthcrwife called Portatores or Criminal, committed by the Court to their ta, lib 2. cap. 38. Examination: And this is two-fold, General or
SUcrlUCiO, Warminfier. flflkTOlamium, Verulam near St. Albans. Court in like general Terms to the general Ijfue; as 3Hrrn'x, Some Diftcmpcr incident to Sheep. Cut apparuit Dominus Dicevs, Filiole, quid fain an Action of DilTcifin, the Defendant pleadeth, is general, cts hie ? 3" Oves meas de verefpondit, Domine, cuflodio Yifjeifi . Wrong, no Difleifin ; then the Iffue whether the Fa& be a Wrong or not, which being rolis fc> falventm Oves ifi* de verolis
Special
lib.
;

Man- holding

Rod, whereby one

it

is admitted Tenant , and Hand, fwcars Fealty to the Lord of a Manor, who for that Caufe is called Tenant by the Verge. Old Nat. Brcv. foL 17. and

in his

Virga.

general VerdiH

is

3. cap. 9.)

which

is

given

that (Staundf PI. Cor. or brought into the

claufike

committed to the Jury, they upon Confideration fif claufike &> omnibus aliis infirmitatibui in bonne of their Evidence come in and fay, either for Domini nofiri Jefu Cbrifii, Amen. Fragment of a the Plaintiff, that it is a Wrong and Difleifin ; Legend in Cenfuetud. Domus de Farendon, MS- f. 48. or for the Defendant, that it is no Wrong, no iBlCrOmEtUm, Boraugb-biU, in Leicejlerjbire. A fpecial VerdiH is, when they lay at Difleifin. 3fteronica, When our Saviour was led towards that fiich a Thing and fuch a Thing they the Crofs, the Likenefs of his Face was formed large, fo on his Handkerchief in a miraculous Manner, find to be done by the Defendant or Tenant, as in their Opi- which is ftill kept and adored in St. Peter s Church declaring the Courfc of the Fat, nion it is proved ; and as to the Law upon the at Rome, and called Veronica. The Word is menCourt And tioncd in Mat. Tarn, and Mat. Wefim. Anno Hid". Fact, they pray the judgment of the VerdiH, if it contain any ample Declara- and again in Mat. Parts, pag. 514. and in Brampthhfpecial tion of the Caufe from the Beginning to the End, ton, 121. read Exailcrrerf, To turn up the Earth, Si porci veris alfo called a Verdict at large, whereof
:

Book of Entries, rant pratum aliennm, domir.us illorum tenetur cmnet Statut. VV.R. Scq118. Item utimur, verrificationes implere frumento. tix. cap. 24. Balivi SP Ccronatores Burgi nofiri up fuerint quod lUrr, Viride, Made of the French Vtrd, viriadhuc utunturrecipereVcredi&um Duodecim Juratcrum the fignifies in ex ciuacunque c aitfa infra Burgum nofirum pr*di8 urn feu dis, othcrwife called Green hue, libertatem emergent! five contingenti,SenefcaUipr<- Foreft Laws every Thing that grows and bears ejus mode expefiata. MS. Codex de LL. green Leaf within the Forelt that may cover a fentia nulla fol. I 5. Deer. Manwood, 2 par. fol. 6 &= 35. And it is Statutis, Burgi vill* Mountgomcr, OvertA. Packet Boat, or Tranfport-Vcffel. divided into Overt vert and Netber-vert.

amples

verb. Verdict,

in Staundf. ubi fupra. and Co. on lit.

New

f.

&

&

Cant. &> Conventui vert is that which our Law Books call Hault Bois, Ecclefit Cbrifii caH South Bois concedunt ferenijjima Domino- A. Regime Angli* Conforti and Netber-vert is that which they in And of this OP redditum totam Domini you may read Manwood'% 2 par. cap,

brrf*W

H. Prior

villa

There is alfo a Vert called fpecial nofiris, g. per totum. Cant. &> Vert, and that is all Trees that grow in the and all the eorum familif libera paffagio in portu prtdiSo ia ba- King's Woods within the Foreft, nobis x OV. Trees that grow there in other Mens Woods, if tello qu*. dicitur Vcrcbote, f.ilva infnper be fuch Trees as bear Fruit to feed Deer ; Dat. anno 18 Ed. 1. Ex Regiftr. Ecclcf. Chrilti
Salvo nobis
Augufiini

Reikis cufiumam cf portu de Sandwic

item

Abbati
_,

&

&

Conventui

S.

they

Cant.
fies

MS.
According
to Domefday

which are called

ing of fuch Vert the Deftruction

fpecial Vert,
is

becaufe the defray-

Jllfrrittim,

Book,

figni-

Fallow-ground.

more gricvoufly pnnifhed than of other Vert is. See Manvtod,

cap.

'

VE
c

VI

Vert is alfo fomecimes flttefure of an atcre of JLano, Anno 14 E. 3. ap. 6. num. z. fol. 35. taken for that Power which a Man hath by the flat. 1. is the Profit of it. So in extenta Mantrii, Edw. 1. It is inquirablc, How mu.h the Vefture King's Grant to cut green Wood in the Foreft. 4 See 4 Infi. fol. 3 1 7of an Acre is worth, and how much the Land is worth when the Wood is felled. JUenei ae, Burgh upon Stanemore. ffllcfirum 5fta ml n'> Namiitm, Signifies a Taailerblff, Otherwifc called Phukets. Anno 1 R. 3. 8. a Kind of Cloth. king or Diftrefs, and Vetitum forbidden ; as when cap. Verm Dominus the Bailiff of a Lord diftrains Beafts or Goods, 3&ei'J> B.0;0 and SJerP 1 Cllinr, writs Tenens, Are they that be immediate Lord and the Lord forbids his Bailiff to deliver them and Tenant one to another. Bro. Tit. Hariot, fol. when the Sheriff comes to replevy them, and to In the Old Nat. B*ev. and in the Writ Re- that End drives them to Places unknown or 23. de averiis, you may read thefc Words. when without any Words they are fo eloined, as plegiari And know ye, that In taking of Leafes, Six Things they cannot be replevied. Divers Lords of Hun Power to hold are necejfary, that is to fay, very Lord and very dreds and Courts-Baron have Tenant, Service behind, the Day of the taking ; Seijin Plea De vetito namio, in old Books called De vet. and within his Fee. And that a Man 2 Inft. fol. 140. Matilda de Mortuo Mari clamat of the Services, is not very Tenant, until he have attumed to the Lord in manerio de Mawerdon duos Law-days, &= Infangen And fee theft, & placita de Namio vetito fine brevi Domini See 19 7. cap. 15. by fome Service. Int. Record, in Thefaur. Scacc. in Tenant. Regis. quadam Idem reddit compotum baga dc Quo War. tit. Glouc. Hercf. Sir Henry Jlirft'iae. Vetches, Tares. vefciarum venditarum. Spelman fays, it is Antiqua Juris r.ofiri locutio, de xiii quarterns fabarum Confuetud. domus de Farcndon, MS. brevis Regis nomen. See Naam. ^llffpr?, Thcfe were a Sort of great Veffcls or fol. 16. Ships formerly in ufe here: We read of them in fl&effeif, Anno 1 R. 3. cap. 8. and 14 & 15H. 8 called Set-Cloths, moft common- Brompt. Cbron. 1195. cap. 11. otherwifc made in Suffolk. OJfjfingt, The Kings of the Eafi Angles were fo ly terra vel called from King Vffa, who lived in the Year 578 WLttt, Veftire, Plenam, poffeffionem

&

&

&

pr/cdii

tradere,

feifinam

dare,

infeodare,

faith Spel-

Mat. Weflm.

man.
HtffiT,

The
alias

Veft,

Vefture,

Ground.
ftam

flttia IReuiO, The Contin. p. 454. Highway, or common Road, The fame with Vefiitura or Ve- called the King's Way, becaufe authorifed by fltlfffimentum, the putting one in Polfeflion : It is him, and under his Protection. It is called Rei. e. JIura, mentioned in BraBon, lib. 4. cap. 1. where, wri- gia, qua femper aperta, quam nemo conclaudere povattatur aliquo ttft cum minis fuis, quia ducit in civitatem, vel Burting of Intrufion, he tells us, non gum vel pcrtum Regis. And as to the Breadth, Via veftimento. a tanta vero debet effe ut inibi duo carri flftfffrp men, Anno 1 5 Car. 2. cap. 5. Arc a fc- Reg? fibi poffint bubulci de longo ftumbli fui let Number of the Chief Parishioners in every obviari,

&

Prata depafia funt,

& afportaverunt vcHift.

or Crop on the tent, 8c

31*13 miliraris, Highway : Quapubhca ducit ad mare ad portum

&

& quandoque ad

did po-

mercata, as
Fleta,

BraBon
lib.

violentias fecerunt.

Croyland. and

tells us, lib. 4. cap. 16. par. 7. 4. cap. 6. par. 3.

&

poffint

affimu

the City of London and Suburbs, lare. Leg. Hen. I. cap. So. tmttrtt, Vicarius, The Prieft of every Parifli is and elfewherc, who yearly chufc Officers for the Care of its Concernments; fo called ReBor, unlefs the predial Tithes be imParifli, and take called, becaufe they ufually meet in the Vefiry of propriated, and then he is called Vicar, quafi vice the Church. fungens reBoris. Sciant quod ego Johannes Webbe JHeftur?, A Crop of Grafs or Corn. As in the perpetuus Vicarius Ecclefia Parochialis de Bromyard ,
Parifli within
fol.

tui vicarii, becaufe they were not appointed by the Impropriator, and licenfed by the Bifhop to read Service, but prcfented by the Patron, and received Canonical Inftitution at the Hands of e. an Allowance of fome the Ordinary ; and fo had conftant Succcffions, Livery, Delivery ; The Canonifts fet Portion of the Produ&s of the Earth, as as Corporations, and never died. Corn, Grafs, Wood, &>c. for Part of the Salary mention four Species of Vicars. Quiiam funt or Wages to fome Officer, Servant, or Labourer, Perpctui, ad Parochiales Ecclefias confiituti Quidam or Vcft. So Forefters had a non perpctui, fed ad aliyuos at'lus ut for their
'.
;

Edmundsbury, MS. annuatim de CeUerario de fceno equorum primae vefturae (;'. e. of the firft Crop or Mowing) duas careBas quatuor equoQp dc fecunda vcftura (i. e. of the rum Second Crop or After-math) duas careBas, &c. The Word was often ufed for a Vcft, Vefture,

of Cartulary of the Abbey

St.

dedi

Do-nino David

Hay pcrpetuo Vicario

182.

Prior

recipit

Ecilefi* Parochialis de Ancnebury duas arras terra, Dat. S H. 5. They fliled thcmfelvcs &>e. Perpe-

Livery certain Allowance of Timber and Underwood

confiituti,
:

tempo-

rales

&>

ifii

dicuntur mercenarii

fhtidam funt

the Foreft for their own UCc. fpccialcs, r.on ad curam fed ad ccrtum locum, artiyearly out of brueriis ,u!um vel aRum confiituti: Quidam nee perpctui, Annuatim per.ipiendum tantum de roboribus Paroch. Antiq. p. nee ad curam, nee ad certum aBum, fed generaliter quantum pro vcftura indiguennt. dantur ad omnia. See Vocab. 620. utriufq; juris, verb. aaeUurf, VeJIura, Signifies a Garment; but in Vicarius, and Rennet's Glcjfary. 5Llicario ueliueranDnouafuine cujufoani IRrcoa the Law, metaphorically turned to betoken a PoflefTion, or an Admittance to a Poffcifion or nttionte, 8cc. Is. a Writ that lies for a fpiritnal 2. cap. 5. And in Perfbn imprifoned, upon Forfeiture of a Recog Seifin; fo it is taken is Weflm without the King's Writ. Reg. of Writs, it is borrowed of the this Feudijls, nifance,

&

Signification

with
fion
tura.
it

whom

Itivefiilura

fignifies

Delivery

of

fol.

147.

Pofleflion

by a Spear or Hotoman in felf.

Staff,
verb.

and VeJIura PoffefFeudal, verb.

aaiitilnamoerlain,
2.

Called Under Chamberlain,

R. Invefii- 13

Is a great Officer in Court, next under the Lord-Chamberlain, and in his Abfence hath the Control and Command of

fiat.

2.

cap. 1.

all

V
all Officer*

I
of Nufance fet
fol.

V
;

of

whatfocrcr to that Part appertaining Majcfty's Houfhold, which is called the Chamber, or above Stairs, arc told (under JlliCfcomifr, A Sheriff: that Title) that he was formerly chofcn by the Freeholders, as Knights of the Shire arc now but it appears by Fortefcut, who wrote in the Reign of H. 6. that he was chofcn then in the fame Manner as now, viz- on the Day after AU-Souh, the Privy Council, the Judges, and Barons of the Exchequer, and fcveral other great Officers meet in the Court of Exchequer, and there a Cleric reads the Names of fcveral Pcrlbns in every County, out of which Three are chofcn, whom the Noblemen and judges think beft qualified to ferve in that Office tor
his

We

down by Fttxherbert in hit N.tt. Brm, rm 1S4 Vicont'uls, Vicecomititia, arc certain Farfii for which the Sheriff pays a Rent to the King, *nd makes what Profit he can of them Sec the Stat. 33 *> 34 H. 8. 2 cV 3 E. 6. up. 4 cap. 16. 4 H. 5. cap. 2. 6 R. 2. cap. 3.
ailOtintU'l

which belongs
1
1

Is that Jiuiifot.tuin Jiirifdi&ion to the Officers of a County, as

Sheriffs, Coroner, Efcheator, Qfc. 41 onfiel finite, Mentioned 22 Car. 2.

tap. 6.

See

Vicontiel.

The

Vicontiel

Rents ulually

came

under the Title of Firma Comitatm, which were

written generally fub nomine Vicecom. without Ex> preffion of the Particulars. The Sheriff had a particular Roll of the Vicontiel Rents given in to

whofc Names being prefented to cliufes one out of the Three, and by Letters Patent appoints him Sheriff for that Year, who, before he enters upon his Office, mult take an Oath, well and truly to execute it,
each County the King, he
;

him, which Roll he delivered back with his Accounts. Vidt Hale of Sfxtiffs Accounts, pa
40.
4liDfltne,
i.

t.

Bifhop's Deputy in Temporals, the King's, in Affairs of the

p^OfeffiP, Profcffion to live a fole

ViceDommus, was heretofore the as the Earl was

County.

4iminraria

iraicPrConffabI? of Crujlann, and Mire apam See their Office in Pat. 22 Edw. 4. tan which Cuftoro in England, the Praftice and .Cere1. m. 2. printed in Prynn's Animad. on 4th. Injl. monies attending it are well delivered by Mr. Dug.tale in his Antiquities of Warwickjhire, pag. 313, fol. 71. aiice^onful, The fame as Vittcomts. Leg. Ed. & 654. See Irsnotefcimus, Anno 1 5 Hen. 6. Conf. cup. 12. Qui motto dicuntur Vicecomites, tunc ffiUOimutf.
fljal,

The making a folemn and chalte Widow; of

temporis Vicc-Confulcs vocabantur vice-con fill qui confute abfente I'fius

;

Me

veto dicebatur cap. J.

vices fupplebat in

jure &> in

foro-

The fame alfo as Vkecomes, as JftiLi*iomillUff, Selden tells us in his Titles of Honour, 2 Pars, cap. and Ingul5. par. 20. and in Leg. Hen. 1. cap. 7.
that Vice-domlnus diBus pbus writes,
tftrhi
ejl

prafeBus pro-

3aire;DOtnmU0 <EpifC0pi, The Official, miffary, or Vicar-general of a Bifhop. Saice'DOmilUifi i)batiae feu flfcclffrx,

Com-

The

Law-Advocate or ProteGor of an Abbey or Church. icegfrertf (.Anno 51 Hen. 8. cap. 10.) A Deputy
or Lieutenant.

Jtiicinagr, Vicinetnm, French Voifinage, Neighbourhood, near Dwelling. Mag. Cbarta, cap. 14. Ibid. fol. 1 28. In the Writ De rationabitibus See Venew. divijis, Ibid. 1 29. And in the Writ De fed* ad Molen tticinetum. Sec Vifne. fol. JUtcia * toenelluB mun&anflis Is a Writ that dinum. Ibid. 113. See the New Book of Esrtries, lies againft a Mayor or Bailiffs of a Town, &Pc. verb. View, and how this View is made in Fleta, for the clean keeping their Streets. Reg. of Writs, lib. 4. cap. J. See Vejours, and Wejlm. 2. cap.
fol. 267.
*.

The Expreffion in a Charge or fhew the forcible and violen : Commiffion of any Crime 4liftP, Vif*ii Signifies the Aft of Viewers; for when an Action real or pcrfonal is brought, and the Tenant knows not well what Land it is that the Demandant asks, then may he pray the View ; which is, that he may fee the Land which is claimed; of this Britton writes, cap. 45. This Courfe of proceeding we have received from the Normans, as appears by the Grand Cujlumary, cap. 66, 80, 6p 96. This View is ufed as in other Cafes, lb in an Affifc of Rent-fervicc, Rentcharge, or Rent-feck. F. N. B. fol. 178. and in a Writ De Curia claudenda, Ibid. fol. 128. In a Writ of Nufance, Ibid. fol. 183. In a Wr
4Ji f airtnifl,
to

Indictment,

48.

Ultotinf, alias tJlifCOUnf,

as

(Vieecomes) Signifies

Jttifto

of jffrank rleoge,

Vifus Francs piegU, Is

the Office which the Sheriff in his County-Court, find no other Difference, but that the one comes or the Bailiff in his Hundred, performs in lookfrom our Conquerors the Normans, the other from ing to the King's Peace, and feeing that every our Anceftors the Saxons, of which, fee more in Man be in ibmc Pledge. This is called by BraSon, lib. 2. Sheriff. cap 5. num. 7. in fine, Res quafe facta, quia

much

as Sheriff :

Between which

Two Words,

Degree of Nobility next to an Earl, which Cambden (Britan. pag. 17a) old Name of Office, but a new one of fays, is an Dignity, never heard of among us till Henry the Sixth's Days, who in his Eighteenth Year in Parliament, created John Lord Beaumont, Vifcount "Beaumont, but far more antient in other CounVieount alfo fignifics a
tries.

folam perfonam Regis

pro pace
8.

&> communi

tefpicit, utilitate.

6? quod

introduftus Jit

the

Sec Frankpledge, Leet and New Book of Entries on this Word.

Ibid. cap. 16- num. Decennier. Alfo fee

6.

4llflll, (Vigilia

Anno

&

Edw.

cap.

19.) Is
fo-

nfed for the Eve, or next lemn Feaft ; becaufc then

Day

before any

Chriftians

of

old

fol.

were wont to watch, faft and pray in their Churches. 4Ji laica atntiuenDa, When the Bifhop of a 761. JUironftel Is an Adjeftivc made of Vieount, Diocefc has certified into the Court of Chancery, and fignifics as much as belonging to the Sheriff; that the Reftor or Vicar of any Church witLin as Writs Vicontiel, are fuch Writs as are triable in his Jurifdiction is kept out of his Manfe, or the County, or Sheriff's Court. Old Nat. Brev. Glebe, or Church, by any Lay Force or intru100. Of this Kind you may fee divers Writs ding Power ; then may a Writ be granted to the
See
Sheriff.

Cajfan. de Gloria mtindi, par. 5. confider. 55. And Selden's Titles of Honour, Jet.

Sheriff,

V
Sheriff, to

I
1

VI
;

remove

all

tion, which Writ ca amovenda.

is

fuch Violence and Ufurpa- properly a pure Villain, of whom the Lord took therefore fo called, Be vi La- Redemption to marry his Daughter, and to make Edwardus Rex Vicecom. Oxon. him free ; and whom the Lord might put out of

precipimus quod omnem vim Laicam qua fe tenet in Ecclefia de Bukenhull, quo minus idem Epifopus "vfficium fuum fpirituale ibidem exercere mora amoveas ab eadem. pojfit jine Paroch. Antiquit. pag. 335. Sec Vi Laica removenda. iHJl laica remobenfta Is a Writ that lies where Debate is between Two Parfons or Provifbrs for

Salutem.

"Tibi

Lands and Tenements, Goods and Chattels and beat and chaftife, but not maim him. There are not truly any Villains now, tho' the Law concerning them Hands unrcpeal'd. We have hardly heard of any Cafe in Villenage
his

at his Will,

fince Croucbe's

Servorum

&

Cafe in Dyer, And Spelman fays, Nativorum apud nos fublata ejl conditio,

ideo poffidebant terras net prtdia, hodie libere |6 quas a Church, and ona of them enters into it with tenent fub antiijU* fervitutis confuetudinibu: See a great Number of Laymen, and holds the other Kennet's Gbjfary. Omnibus Frater Matthtus Abbas de Heleffoout Vi &> Armis: He that is holden out fhall Conventus ejufdem loci falutem. Noveritis nos have this Writ dirc&ed to the Sheriff, that he weign
!

&

returnable, unanima voluntate confer/fit fecijfe Johannem del and fhall not be granted, until the Bifhop of the Grene de Rugeakur liberum, cum totafequela fta proDiocefe, where fuch Church is, hath certified creata &> procreanda, &> cum omnibus catallis fuis halta vero quod prafatus Johannes, tnto the Chancery fuch Refilling and Force. For bitis &P babendis.

remove the Force.

And

this

Writ

is

&

the feveral
54.

Forms of
fol.

this
59.

Writ,

fee

F.

N.B.

fol.

cum

tota

fequela fua procreata &> procreanda,

catallis fuis
liberi

and Reg. Orig.

Villa,
Is

omnibus

babitis

&P

babendis,

&> cum ab omni

HiiiV,

foinetimes taken for a

Manor, jugo
Villa
rei

fervitutis

maneant imperpetuum,.
liter*
libertatis
3.

efi

and fometimes for a Parifh, or Part of it. Of collata ex'pluribus manftonibus vicinata,
i

tejtimonium ex plu- \appoJuimus. Dat.

\

huic

31 Ed.

Ex

ribus vkinis.
nes noflros

Inlt. fol. 11

5.

b.

Villa apud Saxo- penes

Johannem Winford Mil.

In cujus figillum nofirum ipfo Autographo

iiidetur pro'i flttlUain C&ttatE or ConoitfOn.Contradiftinguifliantiquos Romano fenfu accipi Stat. 8 H. 6. 11. unius alirujus in r- re, cum idoneis <edibus ad re- jed to free Eftate. They were prs.iio Non autem primi- called VHWni from Villa, becaufc they dwelt in ponendos ejufdem fruBus boneflato. in oppid's Villages ; they were alfo called tus pro multarum Pagenfes and Rumanjionum cennexione, quod villis a ruribus qu* excolucrunt ; and they were of ejfet, Qp fuccejpvis temporibus Jlici, potius expeclandum introduBum Spelman. Vill and Parijb that fervile Condition, that they were
{

poftea

mail be intended

eft all one.

BraBon tells ufed as fuch, and kinder Ufagc made them inStore's Cafe. Id. fol. 120. Parifi. us, Si ijuis in agro unicum faciat tdifiium, non erit folent. bi villa ; fed rum ex proceffu temporis cxperint coaduAnd Lib. 4. cap. 31. nari &> vicinari tdificia. Quando mulcetur, villanus pejor babetur,
writes, Pungas viilanum, polluet ille manum, Fortefue in Laud. Leg. AnglU, cap. 24. that the Boundaries of Villages is not by Houfes, Vngentem pungit, pungentem rujiicus ungit. or Walls, but by a large Circuit of Streets, The Proverb is known. Ground, within which there may be feveral Hamlets , Waters , Woods and wafte Ground. aiiTlaniff Kegt's fubfractia reOucentua Is a Writ Fleta likewife mentions the Difference between a Manfion, a Village, and a Manor, viz- a Man- that lay for the Bringing back of the King's fion may be of one or more Houfes, but it muft Bondmen, that had been carried away by others
j

Wraye'i Cafe, yet there

may be Two

Cro. Rep. 2 par.

fol.

163. 'fold with

the

Farm
fo

Vitts in

one Jy belonged;

ufually to which they refpc&ivcthat they were Slaves and

be but one Dwelling-place, and none near it out of his Manors, whereto they belonged. Reg. for if other Houfes are contiguous, then it is a Orig. fol. 87. feveral VillamiUata, The fame with Villa. Village ; a Manor may confift of aUiUfin f\mt8, Are Fleeces of Wool, that of. one alone. Lib. 6. cap. 51. ges, or are fhom from fcabbed Sheep. ffllltta jpauflint, St. Edmund's Bury. 31 Edw. 3

A Title given to t hole Country cap. 8. aEineinOUS )J|uDgment, Viilanum judicium, Is where Kings of England had a Royal Seat or Palace, and held the Manor in their own that which cafts the Reproach of Villany and and had there commonly a free Shame upon him againft whom it is given, as a Demefne,
83iu*a

fiegia,

Villages,

Chapel, not fubjeftcd to Ecclefiaftical Ordinary Confpirator, gpc. Staundf. PI. Cor. lib. 3. c. 3. c. 12. So Brill, Com. Buck, was a Villa Re- fol. 175. This Lamb, in his Eirenarch. lib. 1. cap. Jurifditlion. So was Hedingdon, Com. Oxon. 8fc. Paroch. 13. pag. 63. calls Vitleinous Punijbment, and fays, gia. it may be well called Villeinous, becaufe the Antiq. p. 533M!am, Villanus, Signifies as much as Servus Judgment in fuch Cafe fhall be like the anticnt amon the Civilians. A Man of fervile or bafe de- Judgment in Attaint, as is faid, Anno 4 5. from the Fitzh. Judgment 220. And in 27 Lib. AJf. PI. 59. gree, from the French Vihun, vilis, or Latin Villa, a Country Farm, whereto they wer<* fet down to be, that they fhall not be of any Of thefe Bond-men or Credit afterward, nor lawful for them in Perfon deputed to do Service in England, one to approach the King's Court, and that their Villains, there were Two Sorts termed a Villain in grofs, who was immediately Lands and Goods be feifed into the King's Hands, bound to the Perfon of his Lprd and his Heirs. their Trees rooted up, and their Bodies impriTho other a Villain regardant to a Manor, whom foned, QPc. And at this Day the Punifhment ap-

the Civilians term Gleba. afcriptitlum, being bound pointed for Perjury (having fomewhat more in it to his Lord as a Member belonging and annexed than corporal or pecuniary Pain, ftretching to whereof the Lord was Owner. the Difcrediting the Teftimony of the Offender to a Manor, Smith de Rep. Anglor. lib. 3. cap. 8. Old Nat. Brev. for ever) may be Partaker of this Name. This,
fol.

8.

and BraBon,

lib. 1.

cap. 6.

num.

4 He

was and fuch like,

{judicium.

is

elfewhere termed Vile e>

odibile

Vide

Pillory.

UilTenagp,

I
i

V
I

For every one that held in Vtllenage, was not a tus de amerciatus pro eo quod habui't in Llantjfftn Bondman Villcnagium vet fervitium fna coram Jufticiariis hie virgam nitram i nihil detrahit libertatii, habit* tamtn diflinBione, flam, ubi habere debuijfet virgam album & boneftam utrum tales funt Villani &P tenuerint in Villano foc- de cert* longitudine prout decet. Scfl". Itin. do Cardiff. de Dominico Domini Regis. Brad. lib. I. cap. 7 Mart. 7 H. 6. agio The Division of Villenage was into 6. num. i. JBirua alnaria, A Yard meafurcd according to Te- the legal Ell or true Standard Terra Vtllenage by Blood, and Villenage by Tenure. nure in Vtllenage could make no Freeman Villain, me/t continrt de latitudine in froute feptem virgas alunlcfs it were continued Time out of Mind, nor narias c> dimidiam cum poUice Cartular. interpofito. free Land make a Villain free. BraBon, lib. a. Radingcs, MS. f. 120.
Villain or
:

Cometh of Villain, flUilknaflP, Villcnagium, JUmotllum, Binthefler in the Bi/hoprick of Durand fignilies a fervile Kind of Tenure belonging ham. to Land or Tenements, ilirffinum, Wroxcrfier in SlmpJIrin. whereby the Tenant was | bound to do all fuch Services as the Lord comflttrrga, A Rod or white Staff, fuch as Sheriffs, ffs. &V. manded, or were fit for a Villain to do. Ubi fcicarry a* a Badge or Enfign of their ri tun potent vefpere, quale fervitium fieri debet mane. Offiec.Rauf ap Howtl ap Philip Pr*pt>fi

&

8. num. 3. divides it into Purum villcnagium, a quo prafiatur fervitium incertum Up indeterminatum,

cap.

aanga ferret outtiii" C. virgas fcrreas duSilcs

for

vitas

Ghuc. reddtbat
Regit.

ad daws navium

ubi fciri non poterit vefpere, quale fervitium fieri debet mane, viz- Ubi quit facete tenetur quicquid ti

Domcfday, making

i.

e.

Iron drawn out into l'mall

Rods

Nails.

Sdant aairga (e rrea, quod ego HaNicb. filio Edde pro 8 s. Performance of munius Urri d-di fier certain Services agreed upon between the Lord lingis, quos ntthi dedit pr.e manibus, unam pla.et.im and Tenant, and was to carry the Lord's Dung terra me* in vico verfus DuJIelee, que ja.et inter terinto his Fields, to plough his Grounds at certain ram meam e> terram Pbilippi filii H-eylin, cujus latiDays, to reap his Corn, plalh his Hedges, &Pc. tude in fronte continet in fe xvi virgas ferreai prater As the inhabitants of lii.kton were bound to do unum quarterium, totidem aretro, dfc. Ex libro for thofc of in Shro which was Chart. Priorat* Lcominftr. This was fo many Clun-Cafile fnire, afterwards turned into a Rent, now called But- Yards, according to the King's Standard in the ton Silver, and the Service excufed. Exchequer, which anticntly was of Iron, now There were likewife Villani So kmanni, which Brafs. were thofe who held their Lands in Soccage, flltrgafa tertx, Othcrwifc Virga terr*, A Yardand there were Villani adventitii , who were land. Reg. Orig. fob i6j. Decern Acre tt rr* factthofc wfao held Lands by performing certain Ser- unt fecundum antiquam confuetudinem, unam ferdelvices expreffed in their Deeds. BraBon, lib. 1. lam, C> quatuor ferdella faciunt virgatam. MS.
pra.eptum fuerit
foccagium,
;

The

other he calls Villanum

to the

and was

tied

&

cap. 8.

Maynard,

CjUi

tenuit terras in

Codex. Virgata terrac ex 24 acris confiat, quatuor Virgatx Hidam faciunt, quinque bitLe feodum militis. Chron. Tho. Rcdburn. Sec Yard land. Sec Rennet's
QafO^fjff ferblf llf f ff, So Fleta calls Vergers or Tipftaves that attend the Judges. See Vergers, and Serjeants at Arms. Jttrrgulrum (Lat.) Isufed for an Holt, or Plantation of Twigs, or Oxiers, and fomctimes for a

Will.
S

nofiit

fe

effe

Villanum Abbatii

Heurjl, ccgde Abbendon, Glcffary.

tenere de eo in Villenagio Qp per yjllanas confuetudines, viz- per fervitium l S d. per anttum &> dandi

Mi

Ma-

ritagium & Marchetum pro filio & forore fua, ad voluntatem ipfius Abhatis, Qp faciendi omnes villanas conPla. 34 Hen. 3. Rot. 20. Berks. Copyfuetudines.
is but a new or Tenants by Copy, Name; foranticntly they were called Tenants in Etz- Nat. Brev. Vtllenage, or of bafc Tenure. fol. 28. C.

holders,

Et praterea concede Coppice of young Wood. Virgultum meum &P totam Communiam Dominii mei. Mon. Ang. 5 Par. f. 12. a. But in another Place of the Mon. Angl. 1 Tom. pag. 760. it may be
taken
for
Virgata,
viz.

unum Virgultum Terra

But the Slavery of
its

in

Dedit pradiBa Ealefta manerio de Cumptone,

Death's

Edward
pius

crudelis judicandus qui libertati non favet \ 177ilindr or 3lirtoi Is the fame with Vares, i. *. gives this as the Reafon of it, Anglia jura in cmni cafu dant favorem libertati ; The Senfc of peUis varia; It is mentioned in BraBon, lib. 3. cap. Liberty was of fo great Force and Power, and 16. Abjlulit ei, Sfc. unam robam de Viridi, talis the Favour due unto it according to Law and pretii, &=c. SUiriOlB lRob.1 Is a Coat of many Colours, for Right of fo great Rcfpcci, that thofc and the like Prcffures have received Change and Alte- in the old Boods viridis is ulcd for varius. Bra&on

&

this Cuftom hath received &V. tWtriPario PligetlfO Is a Writ that lies for the favorem libertatis : For Sir Coke out of Fortefue hath this Note, lm- Choice of a Verdtrer in the Forcft. Reg. Orig. fol.

Wound,

in

And

ration.
i. e. Tributum a vino, SHUiagtUttl, of a certain Quantity of Wine inltcad

lib. 3.

A Payment

cap. 16.

to the
2

Chief Lord for a Vineyard. Tom. pag. 980. See Citation.

aftlllDClt?, Win. helfea. SUinOOglaOia, Winburne in Dorfetjlure.

The privy Parts of a Man, the cutof Rent, ting off which was Felony by the Common Law, Mon. Angl. whether the Party confented or not. BraBon, lib. Henricus Halt & A. uxor ejus <apti C> 3. fol. 44.
dttirilia,

Evilchcfter, eo quod rcBati fuquod ipfi abfeiderunt virilia fobannii Monachi, MillOOlJUm, Sikhefter. quern idem Henricus deprehendit cum prxdiBa A. uxore Kind of Flower or Border, which ejus. Rot. hfuf. 15 H. 3. m. j. JLlinriCt, Printers ufe, to beautify printed Leaves in the aairorcrrfiuin, Wroxcefier.
detenti in Prifona de
erint,

Beginning of Books.

See Anno 14 Car,

a.

cap.

SUifCOunt.

See

Vicount.

Zlis

VL
MiS, Force; fo we fay, Vi & Armis, by Force of Arms; and this Force is Five-fold, vis impulfi: va, ablativa, expuljiva, turbativa Q inquietativa Vis ablativa is the Taking away of moveable And hence accrues an Attion, quare Vi Things &* Armis, QPc. Vis compulftva, by which a Man is compelled to do that which othcrwife he would not do of his own free Will. And from this alfo accrues an Aftion Vis expuljiva is, when anyone is caft out of his Poflcfnon by Force and Arms.
: ;

U N
Ultarmfea
claufum,
fol.

legetf,

222.

The Laws of See Oleron Laws.

Oleron.

Mare

Itilnajje,

Sec Alnage.

Ulna ferrea, The Standard-Ell of Iron kept in the Exchequer for the Rule of Meafure Totarn

Regium
verfus

terram illam qua continet in fronfe /ecus vicum occidentalem in latitudine 44 ulnas de ulnis

ferreis Johannis

campum.

Angl. Tom. 2. p. 3S3. Vis turbativa is, when any one is difturbed in his asiragium, Violence, Outrage, JufticiaPoffeflion, as when Two ftrive to poflefs the fame rius fex milites de Northampton ad videndum &= plenius Thing. Vis inquietativa is, when one Man will cognofcendum illud incomparabile ultagium tranfmijit.
not fuffer another quietly to enjoy his Right, or to do a Thing in his own Bounds or Limits. And from all thefe, fome Sort of Aftion will arife. flftlGtatinn, Vijitatio, Is that Office or A&ion that is performed by a Bifhop in every Diocefe once every Three Years, or by the Archdeacon once a Year, by vifiting the Churches and their
Hift.

Regis Anglu, 6 in capite orientali 127 ulnas de eifdem ulnis. Mon.

Croyland. Contin.
It is
it

Uttiple:
cap. 5.

and

454. in the Statute fignifies fine Linen.

p.

mentioned

Ed. 4.

falcare

llnarf, Inter confuetudines de Cokefeld debet unum pratum Domini vocatum Overeanmedwe a mane ufque ad nonam pro uno opere, &> dein levare

& unare diBum pratum

Cartular. Sanfti
riage.

quod falcaverit

Ut populus iUorum cuts, commijfus Reftors, &c. Reform. falubriter a pafioribus Qfi ordine gubernetur. Leg. Ecclef. fol. 124. Ne quid detrimenti capiat another Author. Ecclejia, fays aaifitatton of aroannerB, Vfitatk morum, Was wont to be the Name of the Regarders Office in anticnt Time. Man-wood, part 1. fag. 195. See
Regarder.
flllifne,

Edmundi, MS. b. 388. where Unare or Unnare can mean nothing more than to Inn, or get in or make up the Hay fit for Car(Uncfafffafl): This is an obfoletc Word, mentioned in Leg. la, cap. 37. viz. He who kills s Thief, may make Oath that he killed him in

ing for the Faft,

Vicinetum, Signifies a Neighbour-place, or ccafefath,

& parentibus

fly.

ipfius occiji juret

Un

that is, that his Kindred will not re Dkitur venge his Death: From the Saxon Ceas, litis, Vicinetum in jure noftrolocus quern vicini habitant, qui and Un, which is a negative Particle and figolim intettigebantur de eadem villa jive adjacentibus, nifies without, and Ath, which is Oath, i. e modo vero to fwear that there fliall be no Contention about eodem Hundredo vel proximis alias de atq; de eodem pago, jive Cemitatu, hoc eji, compagenjes. it. Olncia terras, vWntta agri. Thefe Phrafes ofSpelman. See Venew. (Ullfllfi, View, Infpc&ion. Capiant de bofcis ten occur in the Charters of the Britijh Kings, hoc per vifum and fignify fome Meafure or fuis quod necejfe Us fuerit jine wajlo, GP Quantity of Land! Sciendum ejl quod Gurcant Rex viridariorum fuorum. Rog. Hoveden, forejtarii fui flius Convin dedit Junapeio (it fhould be See View. Lunapeio) Epifcopo Qp p. 784, flUlftl Jfranct nlegii Is a Writ to exempt him SanBis Dubricio &> Teliavo &= Ecclefia LandavU from coming to the View of Frank-pledge, who is podum Louden cum tribus unciis agri cum fua tota not refident within the Hundred ; for Men are libertate. Mon. Angl. Tom. 3. pag. 198. It was bound to this View, by Rcafon of their Habita- the Quantity of 12 modii, and each modius poffiIntuendum eft nobis quod tion, and not of Lands held where they dwell bly 100 Foot fquare. Catuath not. Reg. Orig. fol. 175. agrum trium modiorum, id eft, quart am Wiitteler or aaitfualcr, ViBualarius or Vitellarius, partem unci* agri, immolavit Deo, &c. Ibid. pag. Is he that fells Victuals ; for whom there is a 205. Writ in Fitzb. Nat. Brev. fit. 171. If they excrJWTKOje Is a Plea for the Defendant, cife their Trade, bearing a Magiftracy in any being fucd for a Debt due at a Day paft, to fave call now all Common the Forfeiture of his Bond, Town Corporate. faying, that he tenAlehoufe-Kecpers generally by the Name of dred the Debt at the Time and Place, and that there was none to receive, and that he is ftill Victuallers. JHitoa petunia, Antiently ufed for live Cattle. ready to pay the fame, See 7 E. 6". 6 Dyer. See Pecunia, and Unques Prijl. See alfo Perkins, fell. I, 784. of Land Co. lib. 9. fol. 79. Peytor's Cafe. flftibarp, Vivarium, Signifies a Place or Water, where living Creatures are kept. In JW'ICUtl) Is a Saxon Word fignifying as much Law it fignifies moft commonly a Park, Warren, as Incognitas, unknown, and is ufed in the old Fifh-pond or Pifcary. Co. 2 Injl. fol. 100. H*c Saxon Laws for him that comcth to an Inn Gueftconventio inter Priorem &* Conventum Canonicorum wife, and lies but one Night. In fuch Cafe his eji de Rudham ? Rogerum de GlanviUa, de Molendino &> Hoft was not bound to anfwer for any Offence de Thorp, fc. quod Canonici reddent anr.uatim that he committed, whereof he was fiagno guiltlefs himSol quemadmodum pater ejus Rober- felf; but if he lay there a Second prtfato Rogero 7 Night, then tus de GlanviUa folebat habere tempore Michaeas he was called Guejt, Hofpes, and then muft the Prioris ; 8? ji Rogerus de GlanviUa fuerit in RuSon Hoft anfwer for him, as for one of his own FaAnd if he tarried any longer, then he vel uxor ejus, ipfe poterit pifcari in Vivario abfque mily. Waflo cum Batello Canonicorum, QPc. Anno 1 171. 8 was called Agenhine, that is, Familiaris, whom if Maii. MS. penes Gul. Dugdale, Mil. he offend againft the King's Peace, his Hoft was See Deposition. to fee him Jfllba toOCe. forth-coming; or if he could not JHlcuB, i.e. A Hulk, or Ship of Burthen, Leg. bring him out within a Month and a Day, he Ethehedi Regis, cap. 25. Si major {navis') &P habet muft fatisfy for his Offences. Lamb. Archaion. fol. 1 den. And Brafton, lib. 3. cap. 10. num. 2. ji adveniat Ceol vel ulcus ibijaceat, 133. num. 7. jiglas, devar. ad theloneum dentur. writes thus of the fame, Item fecundum 4 antiquum

a Place near at Hand.

Anno 19 R.

2. c. 6.

',

&

&

vM

We

&

confue1

UN
confuetudinem
fuerit

U N
Ufa
SMlOu, Unio, Is a combining or confolidating of Two Churches into one, which is done by the Confent of the Bifhop, the Patron, and the Incumbent: But there are Two other Sort* of it,

cum

did Uncuth hinc. See Third- night- awne-hine.

djci poterit de famili/i alt ujui, qui alio per tres noiles ; aula prima node pcterit tertia nocfe Hogcnc; fecunda vero, Guft,

fee Dote unde nihil habet.

when one Church is made fubject to the other, and when one Man is made Rector of both, and 2flnDer;Chamberlatu of thf (Crctirqurr Is an when a Conventual is made Cathedral, as you Officer there that cleaves the Tallies, written by may read in the Chapter Licet de locato cmduBo, the Clerk of the Tallies, and reads the fame, in Lindewode's Provin iali, feff. f quia. In the that the Clerk of the Pell, and the Comptrollers firft Signification by the Statute 37 H. 8. 21. cap. He alfo it was made lawful to make an Union, or Confolithereof, may fee their Entries be true. makes Searches for all Records in the Treafury, dation of Two Churches in one, whereof the and hath the Cuftody of Domrfday Book. There one is not above Six Pounds in the King's Book of the Firft Fruits, and not above one Mile dibe Two Officers there of this Name. Sub efcheator, Anno 5 E. ;. ftant from the other. And by another Statute ffiJllDrr <Cfrhfater,
JMnDe
nihil liabff Is

a Writ, concerning which, as

&

Efcheater. cap. 4Htltiocr jbhcriff, Subvlcecomes.

See

made

an Inmare. 33nOertakfr0 Were fuch as the King's PurveyAnno 2 c 3 Ph. ors employed as their Deputies. & Mar. cap. 6. And fuch as undertake any great Work, as draining of Fens, &c. Anno 43 EI. cap. Sec 1 2 Car. 2. cap. 24. 13 Car. 2. cap. 8. 14 11.
SflnDerfifter Is

See Sheriff. See Inmate.

17 Car. 2. cap. 3. It (hall be lawful for the Bifhop of the Dioccfe, Mayor, Bailiff, '&c of any City or Corporate Town, and the Patron or Patrons, to unitiTvro Churches or Chapels in any fuch City, Town, or the Liberties thereof: Provided fuch Union (hall not be good, if the Churches fo united exceed the Sum of One Hundred Pounds per Annum, unlets the Parifhioners
defire othcrwife, &c. JKlnifP Of 0Offr(Tton, Unltas poffefftmls, Is called Confolidatio fruBus Sf proprletatli in the Civil

Car. 1. cap. 20.

CMDetVCrCafurfr of CllOlano, Vice-thefaurarius This Officer, as fome Angli*, Anno 39 Eli* 7. the think, was firft created in the Time of Henry Seventh, to cheft up the King's Trcafure at the End of every Term, and to note the Content of Money in each Chcft, and to fee it carried into the King's Treafury in the Tower, for the Eafe

Law, and fignifies joint Poffrffion of Two Rights by fcvcral Titles. As for Example, If I take a Leafe of Land from one upon a certain Rent, and afterwards I buy the Fcc-fimple this is an Unity of Pofejfion, by which the Lcal'e is cxtinof the Lord Treafurer, as being a Thing too mean guifhect, by Reafon that I, which before had the for him to be troubled with, and yet fit to be Occupation only for my Rent, am become Lord a Man of great Secrecy and Truft. of the fame, and am to pay my Rent to none performed by He, in the Vacancy of the Lord Treafurer's Of- but my fclf. But in the Receipt, &>c. JBmtifrfttp, Univerfitai, Is moft ufually taken fice, doth all Things in the Opinion of others, is far for thofc Two Bodies which arc the Nurfes of this Officer, more antient. Yet named Treafurer of the Exche- Learning and Liberal Sciences in this Kingdom, in the Statutes till Queen Elizabeth's Time, viz. Oxford and Cambridge ; endowed with grea quer where he is termed Under-Treafurer of England. Privileges, as appears not only by Anno 2 & 3 P. Yet Anno 35 Eliz. he is alfo written Treafurer of the &>M.c. 15. 13 El. c. 21 1SEI.6. but much more
;

2. cap. by their fcveral Charters granted by divers Pious Fxchequer: Read the Statutes 8 E. 3. fiat. 1 Rich. 2. See 14 Car. cap. 5. and Munificent Kings of this Land. j 7. cap. 18. 27 3. fiat- 2. Hen. 4. cap. 18. 8 Hen. 6. cap. 17. 27 Hen. 8. cap. 4. 4 II. SH'ilagf, A Saxon Word denoting a wicked or

cap.

or Perfons under Age. Ante 5lnfi?f, Minors, ttatem 21 annorum robufii vel habiles ad arma fufcipiUnenda pro patrla defevfione non reputantur, &P ideo dres dlcuntur, fub tutela Dominorum interim remaFlcta, lib. I. cap. 9. nebant. JHtlfriO t One who hath no Quiet or Peace. fo far out of the Protection 33nijfl0, A Perfon of the Law, that if he were murthercd no Geld or Fine (hould be paid, or Compofition made by him that killed him. As in the League between

unjuft Law, in which Scnfe the Leg. Hen. I. cap. 34, 84.
TOnlatoftll 'nfiVmulp,
Illlclta

Word

is

read
Is

in

Meeting of Three or more Petfons together, by Force, to commit fome unlawful Act, and abiding together, though not endeavouring the Execution of it, as to affault or beat any Pcrfbn, to enter into his Houfc or Land, &c. Well. Symb. part 2. Tit. Indictment, fcB. 65. Lamb. Eiren. cap. And by the Statute of id Car. 2. cap. 4. 19. and 22 Car. 2. cap. 1 if Five Perfons, or more, King Athelred and Anetun, cap. 3. Si frithman, homo pads frigiat vel repugnet, 6 fe nolit judi- fhall be aiTemblcd together, above thole of the i. e. I. e. infolutus. Family, at any Conventicle or Meeting, under carl, ft ocadatur jaceat ungeld, in Erompton, Colour of any Excrcife of Jflnn'lOa %ktt : This is mentioned Religion, it is unlawJEthelred. pag. 898. and it fignifies almoft ful, and punifhable by Fines, and otherwife, as Leg. the fame as Ungeld, viz. where a Man was killed in the faid Statutes is expreffed. was to lie in the JHnOtllinj. See Nadering, Annals of Wavtrly. attempting any Felony, he Field unburied, and no pecuniary Compcnfation Gale 136. 3Hnque0 ONI?, Always ready, Is a Plea whereby was to be paid for his Death From the Sax U, a Man profcfTeth himfclf alwas ready to do or perwithout, Gilda, folutio, and acera, ager. HmfOjmitp, Uniformitat, One Form of Pub- form that which the Demandant requires. For lick Prayers and Adminiftration of Sacraments, Example, A Woman fucs the Tenant for her and other Rites and Ceremonies of the Church Dower, and he coming in at the Day offers to nrefcribed aver, that he was always ready, and ftill is to perof England, to which all muft fnbmit 1 Eliz. 14 Car. 2. form it. Tn this Cafe, except the Demancunt cap. 2. by the Statutes will aver the contrary, he fhall recover no Da4.
:

&

Congregate,

the

&

cap.

mages

avoid Charges, againft the Demandant, or to yield him other Sec TJncore Lands, &Pc. in Value, and extends to Lands or Tenements of Freehold or Inheritance He that prifi. aaufrum Is a SaxtnVtoid, and fignifics a weak uoucheth is called Voucher (ftocans) and he that is vouched is called Vouchee, (Warrantus). BwBon writes or infirm Man. fuch a Name of this at large, /. 5. tract. 4. per Mum. And Lift. i. t. So called, viz. JHOcaliS, by or Appellation : It is a Word often mentioned in in his Tenures, cap.uk. alfo F. N. B. fol. 134 Matt. Wejlm. Poflhtc Morganus de tribu WaUen- And this feems in fome Meafure to agree to the alter nomine Madocus vocal is princeps eorum, Contract in the Civil Law, whereby the Vendee fium, bindeth the Vendor, fomctimes in the fimple &c. Qui Value of the Things bought, fometimes in the Out-cry, Hue and Cry. ffllotiferatio, to warrant the lecure enjoying the Thing furem plegiatum dimiferit, qui ei obviaverit, &P gratis Double, vociferatione dimiferit, &V. Leg. Hen. 1. bought ; yet there is this Difference between the fine Civil and the Common Law, that the Civil Law cap. 12. Jdoi&ance, Vacatio, Is a Want of an Incumbent binds every Man to warrant the Security of that which he felleth, which the Common Law doth upon a Benefice, and this is double, either in The Law, as when a Man hath more Benefices incom- not, except it be fpecially covenanted. the Incumbent is Proccfs whereby the Vouchee is called, is a Sumpatible ; or in Deed, as when dead, or aSually deprived. Bro. Tit. Quart impe- moneas ad warrantizandum. And if the Sheriff return upon that Writ, that the Party hath dit, num. 51. nothing jftOir Dire, Veritatem dicere, When it is pray 'd whereby he may be fummoned, then goes out ana Trial at Law, that aWitnefs may be fworn other Writ called Sequatur fub fuo pericuh. See

mages: When this Pica willferve to and when not, fee Kitchen, fol 243.

&

upon upon a Voire dire ; the Meaning is, he fhall upon his Oath (peak or declare the Truth, whether he or lofe by the Matter in Controverfy fhall get and if he be unconcerned, his Teftimony is al;

lowed, otherwifc not.

&

Lanframus Archiepifin qua Sanctorum Epifcocopus reparavit Ecclefiam, rum corpora in aquilonari parte fuper voltum magnum Ospulcherrimum impofuit reverenter.
JUOltUtn,

a Vault.

bernus de vita Bregwini apud Angl. Sacr. P.

2.

Hugh Cholmley's Cafe. Voucher is the Statue 19 Car. 2. cap. 1. for a ProteSions, fome arc Cum daufula volumus, and Leiger-Book, or Book of Account, wherein are of thefe there arc Four Kinds, viz- 1. Quia Pro- entered the Acquittances or Warrants for the Ac2. Quia Moraturus. Quia indebitatis no countant's Difcharge. feBurus. Vo.em non habere is a Phrafe ufed by When any one lent into the ffilOjr. bis 4. exifiit. lib. 3. cap. 34. par. 3. and by Fleta, lib. 1. King's Service beyond Sea in War, is imprifoned. BraRon,
2.

pag. 77. 2UolumU|S Is the firft Word of a Claufe in the King's Writ of Protection and Letters Patent,

but one Voucher : And with a double Voucher, is, when the Vouchee voucheth over, and fo a treble Voucher. There is alfo a Foreign Voucher, when the Tenant being impleaded in a particular Jurifdic tion, as in London, or the like; voucheth one to Warranty, and prays, that he may be fummoned in fome other County, out of the Jurifdiction of that Court, which might more aptly be called a Voucher of a Foreigner. D< forinfecis vocatis ad warrantizandum. Co. on Lit. fol. 101. alfo Co. Rep.
fol.

Lamb. Explic. of Saxon Words, vcib. Advocate. Recovery with a fingle Voucher, is, when there

A
is

50.

Sir

Anno

Rich. 2

cap. 8.

and 13

Rich. z. cap. 16.

Of

alfo

ufed

in

Co. on Lit. feci. 109.

cap. 34. par. 9.

and

in cap. 3S. par. 21.

and

it figni-

aiolunf. Voluntas, Is, when the Tenant holds fics an infamous Pcrfon, one who is not admitted at the Will of the Leflbr, or Lord, and that is in to be a Witncfs. Two Manners ; one is, when I make a Lcafe to a SUplanD, Vplanda, High Ground, or as fome Man of Lands, to hold at my Will, then I may call it Terra firma, contrary to Moorifh, Marfh or low Ground, it he fow "Duramq; terram novem Miliar!put him out at my Pleafure, but the Ground, and I put him out, then he fliall is per aquam, de uplanda, id ejl, de fuperiori terra,
his Corn with Egrcfs and Regrefs till be ripe to cut, and carry it out of the Ground. And fuch Tenant at Will is not bound to fuftain and repair the Houfe as Tenant for Years is. But if he make wilful Waftc, the Leflbr fhall have againli him an Action of Trefpafs. The other Tenant at Will of the Lord is, by Copy of Court-Roll, according to the Cuftom of the Manor ; and fuch a Tenant may furrender the Land into the Hands of the Lord, according to the Cuftom, to the Ufe of another for Life, in Fee, or in Tail ; and then he fhall take the Land of the Lord, or his Steward, by Copy, and fhall make Fine to the Lord. SHO^allta tit as, For Virgata terra.

have
it

fcaphis deferri
Hift.

& paludibus commifceri

jujftt.

Ingulph.

Croyland.
(/. e.

ITrlarp,

mentioned
pun.

in

de aurifrigio,

Orulam vel limbos inferere.) it is Men. Angl. 3 Tom. pag. 3 7. AmiBus Urlatur de aurifrigio firiBo &> &>c.
1

vSira Is the River fordum, tunc furfum

Ifis.

Tunc

in

reBum ad

TJnde-

in

Ufa ad

Watlingfireet.

Du

ffiJOtUU)

F r NuptU

fo dies

Votorum

is

the

Wed-

ding-Day. Fleta, Lib. 4. cap. 2. par. 16. tarius ad alia vota cowuolaverat, &c.
3flOUC[)er, Vocans, Is vocabulum artis,
fics

Si donofigni-

and

did for that Rcafon Name this River Ifis, andfhe being the Goddefsof the Nighr, from thence they computed Days by Nights, and Years by Months: Of which we have (till fome Remains, as Seven-night, Fortnight, &c. called
Ifis;

Cange. This River was called Ifis from the Goddefs of that Name For it was cuftomary amongtt the Pagans to dedicate Hills, Woods, and Rivers, to fome Goddcfs, and to call them after that Name. And the Britons having the greateft Reverence for Ceres and Proferpina, who was alfo
:

when theTenant calls another into the Court, that is bound to him to Warranty. New Book of
Entries, verb. Voucher
;

vUfatje.
ffljff,

Sec Prefription.

cap.

7 5.

And

that

is

Voucher de Garranty. either to defend the

In the original Signification is evident enough, but it hath alfo a proper ApplicaRight tion in Law, and that is the Profit or Benefit of Lands or Tenements. Weft. Symbol, lib. 1. feB.
TJfus,

Brit,

48,

u
48,49, 50,51,
51.

s
confifts

UT
of

Every Deed

Two

principal Parts, namely, the Premijfes, and the ConfequenK; the Premijfes is the former Part thereof, being all that which precedcth the Habtndumot Limitation of the Lftatc, which are the Pcrfons The Concontracting, and the Things contracted. that which follows the Prcmiffcs, and fequent is Limithat is the Habendum, in which are tations: The one of the Eftate or Property, which the Party paflive fhall receive by the Deed The other of the Ufe, which is to exprefs

late Statute,

Two

By A no Man muft take above Five Pounds for the Forbearance of an Hundred Pounds for one Year. So that though Ufury is now allowed, yet in former Times it was levercIn Leg. Edw. Confef. cap. 37. Ufuraly punifticd. rios quoque defendit Re* Edw. ne remanent in al'tquis toto regno fuo SP ft quit inde lonviBui effct, quod fat7.

3 ft 11

H.

It

is

called Dry Exchange.

Georgii,

nus exigent, omni fubftantia propria careret, cT poftea pro exlege habeatur, quoniam Ufura radix omnium malorum. They might difpofe of their Goods bein the faid Habendum to or for what Ufc and fore Conviction, and whilft they were living; Benefit he (hall have the fame Eftate ; and of but after their Death they were confifcatc, fo as fuch Vfes, many Prece- it could be proved he lent Money to Ufe within the Limitation of dents are fet down in the fame Weft. Symbol, fart a Year before his Death. Mat. Parif. 113. But 1. Kb. 1. fed. 308 &> 327. Thcfe U/"ci were invent- if a Clergyman was an Ufurer, his Goods were ed upon the Statute of Weftm. 3. Quia emptores not to be confiscated, but were to be diftributcd no fuch Ufes to pious Ufes. terrarum, before which Statute In thofc Days Ufury was thus defined were known, Perkins's Devifes 528. And becaufe
:
1

Deceits were invented, by fettling the Poffeflion in one Man, and the Ufe in another ; to avoid which, and divers other Mif chiefs and Inconveniences, was the Statute 27 H. 8. cap. 10. provided, which unites the Ufe and
in

Time many

Eft

Ufura
tttcri,

Spe

fcenus duplex
3

fuos quifquis tradit nnhi nummos Ufura vacatur.

Sec Stat. 15 Edw.

9.

Poffeflion together. 141. fol

iulfer

See
Is

Co.

lib.

3. Cbudley's

Cafe,

& 6 Edw.

cap. 5,

6.

37. if. 8. cap.

6.

cap. 23.

6*.

DC <Bction,
;

the purfuing or bringing or

it

an Affion

which in what Place and County

be,
fee
Ero. Tit. Lieu

Outran Comprehends any Bargain whereby any Man is obliged to pay more Intcrcff for Money than the Statute
iUur'CM*
Contract,

ought 64

to

&> County,

fol.

allows.

the French Huffier, a of a Court , is an Officer in the Door-keeper Exchequer, of which Sort there are Four that attend the Chief Officers and Barons at the Court at Weffminfter, and Juries, Sheriffs, and all other Accountants, at the Plcafure of the Court. There arc alfo UJbers in the King's Houfe, as of the Privy-Chamber, V. See Black Rod.
i]B(I)Er,

Oftiarius,

From

MtHB, OBava, Is the Eighth Day following any Term or Feaft, as the Utas of St. Michael, the Utas of St. Hillary, the Utas of St. John Bap&c. As you may read 51 Hen. 3. concerntift, ing general Days in the Bench ; and any Day between the Feaft and the Octave, is faid to be within the Utas. The Ufc of this is in the Return of Writs, as appears by that Statute. At the Utas of the Holy Trinity, Preamble to the Statute
43 E.
3.

flaHacfct.

See

UEUct, In
tarn ipfi
cordiis

Utlepe. Privilegio de

Semflingbam

fint quieti

gUtcnlTIf,

(Fr. Utenftl,)

&

quam

homines eorum, Cc.

conceilis,

amerciaments Qf

de omnibus miferi- for our Ufe and forisfaBuris, &Pc. ft* de find in an anticnt

Occupation

Record

and' in another Utenalia In Keilway's Reports it is Agneti uxori me* omnia Utenalia domus met, ligfoka, Grithbrecb, &c. written Hutlatch. But UJlaB is the lame with nea &> anea. Teftam. Johann. Hereford. Anno
murdro, &> latrocinio,&'

c>Uflat,

&>Ham-

ncccflary Houfhold-Sruff. I Uftilmentum for Utenftl ; for Utenfils. Item lego

;

Any Thing

Utlepe: It fhould be wrote Unfiat, which fignifies from the Saxon Utfteon, an Efcape of a Felon SfltfangtljPf, That is, Fur extra captui, filicet, It is mentioned in Mon. Angl. i extra Dominium vel JurifdiBionem, Is an anticnt i. e. Aufugere. Tom. 127. Sint quieti, SPc. de murdro Of latrocinio Privilege or Royalty granted to a Lord of a Manor, by the King, which gives him Power to CP conceylis 8P Utlact Hamfoka, &>c. The enjoying a Thing punifh a Thief dwelling out of his Liberty, and JUfUiflptiOtl, Ufucaptio, the lame, if he be by Continuance of Time, or receiving the Pro- committing Theft without
;

&

fits,

taken within his Fee. BraBon, lib. z. tract. 2. long Poffeflion or Prefcription. One that hath the cap- 35. fays thus, Utfangthef dicitur extranem 3Bfufru(tUarj>, UfufruBuarius, tro, veniens aliunde de terra aliena, fif qui captui fuit Ufe, and reaps the Profit of any Thing. See OutjangSafurp, Ufura, Is the Gain of any Thing above in terra ipftus qui tales babet libertates.

the Principal, or that which was lent, exacted it as well only in Consideration of the Loan, be Corn, Apparel, Wares, or fuch like, as Money. And it is derived ab ufu Sp are, quafi ufu ara, id &P TJfura eft commodum certum quod eft ufus tris, Co. 5 Rep. Payrei mutuaU accipitur. propter ufum The Statute 13 Eliz. cap. 8. allowcth ton's die. but punilhcth the Exccfs of it. And not

tbef.

tltibannum, There

is

a Charter of

Maud de

Pomerey, granting to the Church of Plimpton in Com. Devon. Three Ferlings in the Manor of Wodeford for Four Shillings per annum on this

Condition.
vel

Quod

ft

murdrum

de iftis quatuar folidis, quicquid Ufury, that of 21 Jac. cap. 17. exprefly ordains, That Utibannis fuper pradiBos IV ferlhtgos evenerit .uquieno Word in that Law fliallbe conftrued and ex- tabitur. Ex Rcgiftro de Plimpton, penes in Point Rev. Patrem D. D. Joh. Epifc. Norwic. pounded to allow the Practice of Ufury 3flflah, Utblagus, An Outlaw, fignifie* Banni of Religion or Confcicncc. And by the Statute 12 Car. 2. cap. 15. No Man mutt take above turn extra legem. I lets, lib. t. cap. 47. And in Six Pounds for the Forbearance of One Hundred Mon. Angl 2 par. fol. 618. we read, Fut ,-iuiJam Pounds for a Year, under the Penalties therein Uthlagus fannftfftmus partes iftas frequentans propter iter contained. Sec Co. 3 Inft. fol. 151. By the Stut.

aliud quodlibet Wodefrod evenerit de

Utibannum

fuper

vel Danegeldis maneru de

MS

ite*

forefiam.
Scl.it is

commeantium inter Nottingham Qp Derby Sec Outlaw.

per

U'lag^flf. An Outlawry. Rex omnibus, &c. quod InterdiBum, quod vulgariter Utlagatio nun.upatur, quod proponi fecimus contra perfonas Eccleid

from Benchers, or thofe who have been Readers, who are fometimes admitted to plead within the Bar; as the King, Queen, or Prince's Counfcl

are.

ffiJUltlfca,

A Wound
And

in the Face.

Vultivam 50
;

fiafiicas, publice revocavimus, protefiantes

ad Nos
Pat.
I

de fol. componat.
5.

perfinis Ecclefiafiicis minime pertinere. Joh. p. 2. m. 8. intus.

Witch lb from making the Image of a Face in Wax, and flicking Needles in it. From which it was
Vultuarius fignifies a
called
Defixio.

comtfatu * poRra fucnt in alium, Is a Writ, the BHuItUU ue&uca, The Image of our crucified Nature whereof is fufficicntly exprcft by the Saviour kept at Lucca in the Church of Holy Crols. 2. Name. Sec Reg. Or ig. f. 133. tells us, That Eadmerus, lib. I, Terra extera diccbatur terra fervilis feu William the Conqueror often fwore per fanttum vul(JVJtlailt!, And tenementalis, quoddeprscinBu terrarum Dominicalium tum de Luca, viz- pg- to", 19, 47, 51, 54. qux Inland nuncupata funt, in exteriorem agrum reji- Malmsbury writes the lame Thing, Lib. 4- p. 121, 1 24. and Lib. Vide Inland. ciebantur. 1, 3. Be geftis Pont. Angl. pae. IHtlirp or Jjjttp.fcpjp, "Utlagaria vel utlagatio, Is 217, 277. a Punifhment for fuch as being called into Law, U3Cl!a xSuantim, The Mouth of the River and lawfully fought, do contamptuoufly refufe to Parret in Somerfetjhire, near HuntfpiU. ll3lDu, Lefiythiel in Cornwall. appear, after an Original Writ with a Nihil habet, Three Writs of Capias, Alias Pluries, returned by the Sheriff Non eft inventus, and an Exigent w. And with a Proclamation thereupon awarded. Bratfon fays, He muft be called at Five Counties, a Month between every County, lib. 3. tract, 2. now called Wodmell, and in And if he appear not within that Time cap, 1 1. W3Dretno!P, Woddenell, a coarfe Sort of Stuff tenebitur, cum Principi non obediat nee legi, Oxfordfirre pro exlege extunc utlagabitur ; that is he lhall be pronoun- ufed for the covering of the Collars of Cartced out of the King's Protection, and deprived Horfcs. Mr. Ray in his ColleBion of Eafi and South of the Benefit of the Law. The Effeft of this is Country Words, difcribes it to be a hairy coarfe divers for if he be Outlawed at the Suit of an- Stuff, made of Ijland Wool, and brought thence Et other in a Civil Caufc, he fhall forfeit all his by our Seamen to Norfolk, Suffolk, &=c. Goods and Chattels to the King; if upon Felony, in quinque virgatis de Waddcmolc emptis pro coleris Paroch. Antiq. then he /hall forfeit all his Lands and Tenements equinis hoc anno 11 fol. 1 den. which he hath in Fee, or for Life, and his P- 574Goods and Chattels ; Ft tunc gerit caput lupinum, ?Ulaft02fl, Waftores, Edward the Fourth Constia Triumvirate of Officers with Naval Powita judicial! inquifitione rite pereat fecum tuted quod fine merito fine lege pereat, qui er, whom the Patent 22 Ed. 4 membr. 2. ftiles fuum judicium portet, fecundum legem tivere recufaverit, &c. Bract, lib. 3 Cufiodes, ConduBores and Waftores ; and thefe were And the fame lib. 3. traB. 2 chiefly to guard our Fifhcrmen on the Coaft of traft. 2. cap. II. And Fleta, lib. 1. c. 27, 28. fay, a Minor Norfolk and Suffolk. We ftill retain the Word cap. 14. or Woman cannot be outlawed For where a to waft over, that is, to conduct or convey over Man is faid to be Outlawed, a Woman is termed Sea. waived. F. N. B. 161. How an Outlaw is inlawlUaga alias ll.iga, a Weigh, which is a Meafurc ed again, and reftored to the King's Peace and of Chcefe, Wool, &V. containing Two Hundred Pound of Averdupois : For by the Protection, fee BraBon and Fleta, ubi fupra. Sec and Fifty-Six Statute 9 H. 6. c. 8. a Weight of Cheefe ought to Outlaw. and each Clove Eight lUtlEFP, Significatefcapium,hoc eft, evafionem latro- contain Thirty-Two Cloves, num. Fleta, lib. 1. c. 47. and 18 H. 6. Pat. 2. Pound, tho' fome fay but Seven ; TSnam Wagam Mon. Ang. I. par. m. 22. falis de falinis fuis de Terineton.

aiclagato capimoo quango urlaciafur in uno called

&

&

&

&

&

&

&

See Weigh. Lamhard tells us, that a fol. 5 1 5. ytrum. See Affife. at J4tfer*20amttfriJ, Juris confulti, Are fuch, who Weight of Wool Salisbury and other Places is for their long Study, and great Induftry bellow- "but Thirty Pounds. De prifcis Angl. legibus, fol. ed upon the Knowledge ofthe Common Law, be 221. called from their Contemplation to Practice, and SUagP, Vadiare, From the French Gager, dare in the Face of the World, to take upon them the pignus ; Signifies the giving Security for the PerProtection and Defence of Clients. Thefe in o- formance of any Thing; as to wage Deliverance,
ther Countries are called Licentiati in jure. The before any one ought to be called to the Bar by the ancient Orders, was heretofore Eight Years, now reduced to Seven, and the Exercifes done by him (if he were not called Ex gratia) were Twelve Grand Moots performed in the Inns of Chancery in the Time'of the Grand Readings, and Twenty-four Petty Moots at the Inns of Chanbefore the Readers of the cery in thcTcrm-Timcs, refpe&ive Inns of Chancery. A Barrifier newly called is to attend the Six next long Vacations Exercifc of the Houfe, viz. in Lent and Summer, and is therefore for thofe3 Years called a* VacatiAnd they are called Utter-Barrifiers, on Barrifier. Pleaders without the Bar, to diftinguifli them

which

Time

None
in

See in Law. fee in Gage, to wage Law. wages Law againft the King. Bro. Tit. Chofe ABion, num. 9. See Co. on Lit. fol. 294. Tit. Leyci'agcr Of ?Lato. See Law. fljlaif or 2UePf, Walvium :

gager.

Goods waived are fuch as a Thief having felonioufly ftolen, and being newly followed with Hue and Cry, or cllc over-charged with the Burden or Trouble of the
and more fpecdy his own Eafe, away, and leaves the Goods behind him; then the King's Officer, or the Bailiff of the Lord ofthe Manor, (within whofe Jurifdicfion they be left) who by Prefcription, or Grant from the King, hath the Franchife of Waif, may
Goods, for
Flight,
flics

fcize

icize the

the

waived to his Lord's Ufc, except Spelman fratris fui. 7 Aug. j Elix.. This might frefh Suit after the Felon, probably be a Fee to excuie his waiting at the and fue an Appeal within a Year and a Day, or Cattle. him at his Arraignment, QJ'llbr, Waiviare, If to forfakc Reg. Orig. 27 7 give Evidence againft and he be attainted, &*<-. In which Cafes the firft Tho Civilians term it Habere pro dereliBo, and fo Owner mail have Rcftitution of his Goods fo Ito- Waiviare feudum fuum fignifics, To Waive the And though Waif is properly Company of Thieve*. Staundf. PI. Ore- fol. 16. len, and -waived. of Goods ftolcn, yet it may be alfo of But this Word properly belongs to a Woman, fpoken Goods not ftolcn : As if a Man be purfucd with who is faid to be waived, as a Man to be OutlawHue and Cry as a Felon, and he iies, and leaves ed. Reg. Orig. fol. 131. And the Reafon is, bchis own Goods jthcfe (hall be forfeited as Goods fto- caufc me cannot be outlawed as a Man is ; for a lcn, and are properly called Fugitives Goods, which Woman cannot be of the Decennary, which in arc not forfeited, till it be found before the Coro- former Times was accounted to be in Lege. Many Fe- of the King's ner, or otherwife of Record, that he fled for Leige People outlawed, and many A Thing pro dereliBo habita, waived and waived by erroneous Prjcefs. Anno 7 H. 4. c 1 lony. forfaken, is nullius in bonis. Sec 29 Ed. \. Waifs, Sec XJtlary. iCVuUisna fiiJiilieri*!. See Waive. Things loft, and Eftrays. Waif is derived from the the one Lat. Vagus, and Eftray from Extrahendo CU<"Kc, Vigil, Evc-Fcaft of the Dedication of Sec the Original and continued Ob is defined to be Pecus vagrans ; the other is of the Churches. lame Nature, becaule wandring Cattel extrahun fervation of them hiftorically delivered, in Kenand they are faid to be Nullius in net's Parocb. Antiquit. p. 609. tux aXtenofolo 10 fteilinn, The chief Magiftratc of the Town bonis ubi non apparet Dominus ; and therefore they where they of Rippon in Torkfbire, ib called, quaft Watchman. belong to the Lord of the Franchifc are found, who muft caufc them to be cried and Cambd. Brit. in the Markets and Churches near aSax. War, Temulentia.) JDIakffi, (from the publtihcd in Dedications of bout, elfe the Year and Day does not run to the Thcfe were the Vigils of him that toft them. Briton, cap. 1 7. Churches, where Men fat drinking in the Choir Prejudice Sociis fuis Juftic. all Plac. coram Joh. de Berewel Night. Itin. apud Salop, in Oitub. Snti Michaclis 20 IDalO, (Walda.-) See Weald. A Wood, or wild woody Ground Ed. 1. Rot. 29. in Dorfo. Richardus fit. Alani 7jilalOfl, Comes Arundel fummonit us fnit ad refpondend. Domino Sexaginta acras terra, videlicet, quinquaWarranto clamat habere placita ginia acras fiP unam perticam in manerio noftro Regi de placito quo Corona Of habere Wayf in Maneriofuo de Upton fub- de Sutbbrente, cum VValda qua jacet juxta tanEt Comes dicit dem terram. Chartular. Abbat. Glafton. MStus Haweman, &>c. in Com. Salop. s a. clamat habere Infangcnc-thcf Wayf, fol. 67. quod ipfe eadem placita &P libertates habuerunt ipfe &> omnes an CUatO^ga tllont). Et debent pro qualibet Swllina tempcre quo non ex ga, (i. c. as much as one Plough can till,) ia,d. teceffores fui, & eifdem ufifunt tat memoria, &> eo Warranto clamat, &V. Et Hugo per Annum, per Schipperfbere, (r. * Shccpfharc,) de Lowther qui fequitur pro Domino Rege dicit quod Timberlode, (/. e. Loading of Timber,) Bordlode, Wayf eft quoddum groffum de Corona, ita Corona vel cariare extra Waldam per mare vel per terram ad Domini Regis annexum, quod nullus eo gaudere poffit, manerium. Thorn, anno 1364. inde habeat fpeciale Warrantum a Domino Rege 2ttalfCl)rU for Vaccaria. nift 2UalF, WaUia, Is Part of England on the vel antecefforibus fuis conceffum. Wayf i. c. Sialiquis adduxerit aliqua animalia, ut oves, boves, equos, & Weft-fide, inhabited by the Offfpring of the anvel aliquas alias res, fiP inde fufpeSus fc> cient Britains, chafed thither by the Saxons, calbujufmodi, a Balivis Prioris donee probaverit led in to alfift them againft the PiHs and Scots : arreftatus fuerit ill* res furate non fuerant, But now they are incorporated to England per fideles homines, quod &> Hie dimiffus non redierit : Did* res feu animalia See Lamb. Explication of Saxon Words, verb. &P unum diem, &P ft Hie WaUus. per unum annum
lb

Goods

Owner come with a

&

fervabuntur 8 JUlalefCUtf. non redierit C3 res fuas effe probaverit, erunt Prioris, Ipfe Epifcopus Walterus (fciL Heref.) res fuas legitime effe habuit unam Hidam Waleicam, T. R. E. vaftatam. &>c. Si aliquis alius venerit,

&

probaverit,

datis expenfis, illas habebit.

Ex

Regiftro Domefday.
;

Prior, de Cokesford.

IDallfcutf,

fllUmable, That may be ploughed or manured, cer

Dedimus, cVc. in loco qui vocatur Shiptillable, la terra wainable &> la Bruere, lade la Morels de Scales, fine dat. &>c. Carta

A Servant or any miniftcrial Offifrom Sax. Wealb a Foreigner or Stranger Si homo Walifcus habeat terra bidam, wera

120 fol. Leg. In* Regis, c. 34. eft Regis equi Walifcus, qui nuntiare ptfftt sdeum, v/ertRogeri derived from gildum ejus eft 200 fol. c. 3 5. tElainage, Wainagium, May be Jaiaer0 Are fuch as arc otherwife called the Saxon Wan, id eft, Plau/lrum. And any others than ours fball be amerced faving his Wainage, Forefters. Cromp. Jur.Jcl itf. There are ForeVillain are Walkers withinto our Mercy. Mag. Chart, cap. 14. Sir fters afligncd by the King, who ;/ hefaH It fignifics in a certain of Ground ailigned to their 28. 2
fua

&

Edward Coke, par. lnft. fol. the Countenance of a Villain

fays,

Space

but why not ra- Care. IlBarfingfOiP. Sec Gallon*. ther the Furniture of his Cart or Wain. See Bank and Wannage. Italia, Wallia, Sax. Wal. Lat. VaUum\t\ Gainage Tho. Spelman filius Johannis, Sfc. of Earth caft up for a Mound or Boundary. jnaitefef, meti **>* dicitur tenuiffe Manerium de Narborough, cum ter- Mando vobis quateuus jfft'l'ff" ut faciant Wallas de Domina Regina nes Watetgangas advocationis Ecclefta, tia
;

Wingrave per fervitium miliAcUnfuras Wallarum, put Seawalls in Rom&> per redditum 14 s. pro Waitcfec, Caftle- Mon. Angl. Tom. 2. pag. 920. to repair keep up the -valet dare per annum, 34 li. 1 7?- 10. qua- uey-Marjh, &>c. Wallare^ ^or garde &> Reddendo inde nobis 1 marcas Schcdula libcrationis Job. faid Walls Patent in drant.
tare

parte ut de Manerio fuo de

&c

&

&

&

debent facere,

ar

J,

:.W
arpenti

a
firvitio
nifi
illius

WA
terra
qttod debet intus

pro

omni

that the

Lord

rriay

have a Shoot.

Blount of Te-

VVallarc

fecundum

quantitatem

nures, p. 140.

g?
191.

extra.

Somnerof Gavelkind,
mulieriS
Is

pag.

we
as

JBttafbtarta
'

much

as

Utlagatro
[

;.

JRlapfntabf,or JUfaprutakf Isallone with that call a Hundred, as appeal's by BraBon,lib. 3- UaB. Bah c. l. num. X.Convocentur (he faith) fervientes

&

viri.

Reg. Orig. f. 132.

livi

Himdredorurn , Sfperordinem irrotulenturHundredaitii

NoSee Water-gate. ftllall or ifcea*toalJ. yfive VVapentachia c> nomina fervientium, &c. OTallcfljeria or ffflinlpcljeria, Quod quatu- minis autem origo, nvn ab armorum traBu, ut Hovcor villatx loi ubi cafus Homicidii vel in- 3 deno traditum ; fed hinc, quod quoties nows ejfet Hunprvpinquiores

Dominus, ei in fubjeBionis fignurn arma redderent Lib. 1. ut Ranulfo Cejlriepfi ohfervatum. And Lambard in his Explication of Saxon ibidem prxfintentfaBum felonia mivis interfeBi, cap. 5. adcafum tinfortunii, &c. I find (faith Spelman) in a Words, verb. Centuria, is of the fame Mind certain Note, a Wallefheria, i. Parentela interfeBi, ding that this Word is fpecially ufed in the North&> alius ex parte matris, and Counrries beyond the River Trent. And in the fcil. unus ex parte patris concludes that fignificavit Walliae pan ut videtur. Laws of King Edward the Conjeffor, arc thefe Extenta terrarum Johannis filii Alani, 52 H. 3. Words, Et quod Angli to,ant Hundredum, fupraDicunt quod eflibi Wale- diBi comitatus tocant Wapcntachium. The Origiviz. de Albo monafterio. cheria, qua reddtt de annuo redditu 3 1. 1 s. ad Fe- nal of the Name Hoveden derives a taBu armorum, Item in Uta Walccheria/Hf tres ho 'becaufe cum quis accipiebat prafeBuram Wapcntafium SanB. Mich. debet invenire unum hominem per chii, die Jlatuto in loco ubi confueverant congregari, mines, qui libit eorum tres dies in qualibet SeptimAna a Feflo S- Mich, ufque omnes Majores contra eum conveniebant &> defcer.dente ad Fefium beati Petri ad vincula. Efc. 52 H. 3. de equo fuo omnes affurgebant ei. Ipfe njerc, ereBa lancea fua, ab omnibus fecundum morem fcedus accipien. 37See Gambezon. bat : Omnes enim cum lanceis fuis ipK)attlbffariii^. quotquot letiijfent CiHang Properly fignifies in the Saxon Tongue fius hajlam tangebant, &" ita cenfrrmabant per contaa Field, but we ufe it it alfo for the Cheek or Bum armorum pace palam conceffa, CPc. But we take which Chaucer calls Wangs and Wang- it from thence, Quod quoties noius effet Hundredi Jaw-teeth, to thefe Verfes, Dominus ei in fubjeBionis fignurn arma redderent Vafi teeth, according falli. Ranulph. Ceftr. lib. 1. cap. 5. See Fleta,
fortunium

ad proximum Comitatum contigerit, veniant Parentela houna cum inventore &P Walleflieria,
/'.

dred!

&

&

faffalli,

&

3fn0 in teifntfa

tljat

this \b rootfj.

lib.

2.

Smith de Rep. Anglor. lib. 2. cap. 16. fays, That See Wong. anciently Mufters were taken of the Armour and Weapons of the feveral Inhabitants of every feveCflfanga, An Iron Inftrument with Teeth, from ral Wapentake, and from thofe that could not find
tlje tear, tottl)

% we

cap.

61.

fecr.

univerfimode.

Sir

Thomas

mp wang

tootlj.

Sax. Wang, the Jaws.

tilagio fodiendo

xiii den. in bechis, tribulis,

fil. it

emptis

Domus de Farendon. MS. f.

& reparandis Hi

Idem computat in cur- fuffieient Pledges for their good Abearing, their &> wangis Weapons were taken away, and given to others. den. Confuetud. The Statutes 3 H. 5. cap. 2. 9 H. 6. cap. 10. and
18.
1

H.

6.

cap. 7.

make Mention

of StainBiffe

Wa-

CMatigenf HjeOf. Maneriolum de A. fit quietum pentake and Friendlefs Wapentake in Craven, in the de Gelth Scotch, de Wreccho &> de Wangenc- County of York. See Cambd. Brit. fol. 159. and theof c> Danegueld, &c. Pat. 22 H. 4. par. 1. m. Co. 2. par. Infl.fol. 99. Wapentake hoc ejl quietancia de fiBis Hundredis quod dicitur Wapentake, MS, 33. Quxre. tldannagf, (Wannagium.) Eodem anno (fcil. 1 198.) inBiblioth. Cotton, fub Tit. Vitcllius. Sec Rennet's Glo)Rex Angl. accepit de unaquaque carucata terra Jive fary. The Word feems to be of Danifh Original, and Hyda totius Anglia 5 Sol. de auxilio, ad quos colligen- to be fo called for other Reafons than what is gi-

&

&

dos mijit idem

Rex

Clericum fiP etiam

perjingulos Comitatus Anglia unum unum milttem. Qui fe, erunt ve-

fingulis
ftituti

nire coram fe SenefchaUos Baronum UUus Comitatus, Carucarum Wannagia fuerint in qui juraverunt quot convillis, &c. lpfi vera qui eleBi fuerant

&

ad

afiimationem ruca Wannagium, centum acras

hoc negotium Regis faciendum, Jlatuerunt per calegalium hominum, ad

uniufiujufque

terra.

Hovcden.

Annal. par. poller, fol. 443. num. 30. Sec Wainharedes mei villas &> adificia Quod ego H. age. & Wannagia ad libitum no/hum in terris pr nominactaudemus xl. acras terra ad excolen- Armitura, and Tac, taBus. tis faciemus dum vel ad tonfandum, ad libitum nojlrum. Mon. Others fay 'tis derived a Sax. Weapen, Arma, becaufe the Tenants deliAngl. 2 par. fol. 612. a. In this laft Citation and Teacen, Tradere Wannagia fecms to fignify Wainhoufes, or neccflTa- vered their Arms to every Lord, as a Token of ry Out houfes for Husbandry. I have alfo fcon their Homage and

&

&

ven by Sir Tho. Smith, viz. When firft this Kingdom was divided into Wapentakes, he who was the Chief of the Hundred, and whom we now call a High Conftable, as foon as he entered upon his Office, appeared in the Field on a certain Day on Horfeback with a Pike in his Hand, and all the chief Men of the Hundred met him there with their Lances, who alighting, they touched his Pike with their Lances ; which was a Sign that they were firmly united to each other, by the touching their Weapons ; for in Sax. Weapen is

Reg. de Welbec. fol. IDar?, Wannage ufed for "Tillage. 91. and Guannagium in the fame Senfe. 3 Mon. Ground.
f.

Subjection.

certain

Quantity

or

Meafure of

78. b.

CCHanlaffUF,

Com. Warivk.

To

In

eleemofynam eidem Ecclefia eadem libertate totam terram quam tenuerat the Manor of SuttonColfeld, Brifardusin Stanes, fcilicet, Waram & dimidiam turn 7 Ad qui tenuerunt in bondagii tenura cotelandis &> infuper medietatem totius nemcris.

Pr-iterea concedimus in

folebant vocari Cuflumarii.

&>

ad venandum
gate
bejliarum,
i. e.

uenerit,

illi

Wanlaffum ad Jlabulum

quotiefcunque Dominus opus Erlefix -vendiderunt, fcilicet, unam Cuflumarii folebant fu- duas cotelandas cum dominio prate

&

Mon.

Waram

gr-

in

drive the

Deer

fugatione ferarum to a Stand,

Tom.

Angl.

2.

pag. 128.

Libera wara eft units rcMitns, ttitm pr*f,us &> CUarbfcolj, or attarofcalj. quod ft nen fdvaiur fuo tempore, 'futuri quod ego Henricus de la Morton dedi Regno de in dies Tabu- Forefta fc!f Jobannt uxors fit* pro dmodetim folia 1 ftc deinceps duplicator in craftino, lariuin Abbatiac S.Petri de Burgo. MS. \{ex denarii 1, qua mibi dedtrunt pra manibus, unam a(HlarD*, cit y Wards, The Diftricts or Divifi- \etam terra mea d* tribut felionibus, fr. Reddendo inons of a City , as .in London there be i6 Wards, ac- de annuatim ad Feftum SanBi Michael7j mibi gp bar*cording to the Number of the Mayor and Alder- dibus meis unum denarium pro omni fenitlo, beriotte, emmen, of which each has a particular Ward for his relevio, warda, regali fervitio,

U3ara llbiTO.

WA
&

WA
I

-X

fif 'talis condition::,

nimodafeBa Curia me* df baredmm meorum cV affigJlttarD, Cuftodia, Hath divers Significations, as natorum noftrorum Qp pro omnibus confuetudinibui & x Ward in London, in Latin Warda, which is a txaffionibus, cfc. Sine dat. It fignihed the Value Portion of the City, committed to the fpecial of a Ward, or the Money paid to tho Lord for Charge of one of the Aldermen of the City. Sec his Redemption from Wardjbip. Stows Survey of London: Alfo a Forert is divided niarOmore (Wardmotus) Is Court kept in eveinto Wards. Manwood, part I. fag. 97. Thirdly, ry Ward in London, (Anno 32 H. 8. 17.) ordinaA Prifonis alfo called a Ward. Laftly, The Heir rily called among them the WardmoteCourt. Vide of the King's Tenant, that held by Knight's Ser- Cbarta. H. 1. de Libertatibus London, where there vice or in Capite, was called a Ward, during his arc Twenty-fix Wards, which are as Hundreds, Nonage. 32 H. 8. 46. But this lull is taken a- and the Parifhcs as Towns. 4 Inft. f. 249.
.-.

proper Guard and Jurifdiftion.

Wardfegh

(Stpro

Wardagium. Mon. Angl. 1 Tom. p. 372. UDarOa (Ccclefiarum, The Guardianfliip Churches, which is in the King during the Vacancy , by reafon of the Regalia, or TemporalMatt. Parif. and Matt. Wefiminfter, Anno ties. 1248. writing of Henry III. tell us, Regardatus eft Ahhatias &P etiam Gardas infuper quod Epifcopatus &P i-ocantes immifericorditer depauperat, &V. QUarDdgr, (.Wardagium.) Sed ftnt quieti de quolibet

the Stat. 1 2 Car. 2. c. 24. UlarDfl, (i. e. Cuftodia.) In Waljingbam, pag. 120. Data fuis cuuodibus foporifora potione, evafit turris cuftodias, quas Wardas vocamtis. per omnes Warda, i. e. the Cuftody of a Town or Caftle, which the Tenants and Inhabitants were bound to keep at their own Charge. 'Tis the fame with

way by

fffliaronfn
is

Money contributed

np, alias caarnennpflnci iParrhuennr, to Watch and Ward. Denarii

Virecomiti vel aliis CafteUanii perfoluti oh cajhorum Con<e!o etiam eidem prtftdium, vel excubias agenda;. Ecciefta leugam cir.umquaque adjacentem, Uber.xm c>

8 feBa Qf Hidagio e Dantquietam ab omni geldo geldo &* opere pontium Qf Caftellorum &> parcorum Qp omnibus auxiliis, placitis, querelii, CP fciris, Sf of Hundredit ; cum faca &" fota, Thol Sf Tbeam,
.

&

&

& Infantbeof&P Warpcnny, Of HamLeftage, e> Qp Blodioite, &V. Chart. Gul. focne, & Forftal, Conq. Ecclefix S. Martini de Bcllo. Retinui vera mihi & baredibus meis Wartpenny &> Pcterfpcnny, de pradiBa terra. Charta Bertram dc Vcrdon. Penes W. Dugdalc mil. Warpenna. Domefday. M'arDfl anD %l\ittt\eg (Wards e> libtratnra) was
a

Court firft creftcd in King Henry the Eighth's Time, and afterwards augmented by him with the Office of Liveries, and therefore called by him The Court of Wards and Liveries, now taken derpenigs, bregs, Qfic. Cbarta Gilberts Tifon fumnii VexiUatorh away and difcharged by Stat. 12 Car. 2. cap. Anglia. Sine dat. It fecms to be the fame with 24. 2ttar&*ltluer, Cujlumarius in Berton magna reddit Wardpenny, which fee ; or to be free from Ward
Theolonio, TaUagio, Paffagio, Pedagio, Laftagio,

Hidagio, Wardagio, fiP omnibus Geldis, Fengeldis, Hun Horngeldis, Fortgeldis, Penigeldis, Tendpenigs, Miskcmclig, Brenalpcninge, Grith-

Jbip.

lUarDECO^nc,

The fame

with Cornage,

i.

e.

a Du-

ty incumbent on the Tenants to guard the Caftle,

by founding a Horn upon the Approach of an Enemy. Monafticon, 1 Tom. p. 9 7 6- Et fint quiet i dc Tbefauro ducendo &> Wardpenny, Wardecorn, Averpenny, Hundredpenny, Qfc.

obolum ad Ward-filvcr ad terminum. Cartular. Abbatiae S. Edmund, MS. fol. 16. Willicimus le Kyng tenetS acras filvtt 1 den. ad Ward-filver die SanBi Petri advincula. lb. IDarOiffiiff, The Conftable's or Watchman's Lambourn Manor in Effex is held by SerStaff.

Gardianus, Is the fame with the French Gardein, and fignifics him that hath the Keeping or Charge of any Pcrfon, or Thing, by Office; as Wardens of the Societies in London. 14 Hen. 8. cap. 2. Warden Courts. 31 Hen. 6. cap. 3. Warden of the Marines. 4H. 7. c. 8. Wardens and Commonalty of the Lands contributary to Rocbefter lSEliz. 7. Warden of Peace, 2 Ed. 3. 3. Bridge. Stat. Northampton. Warden of the Weft-Marmcs. Cambd. Brit. p. 606. Warden of the Foreft. Man Warden of the Alwood, part 1. pag. 42. fi> 1 11. 1SH.6.16. Warden of the King's Wardnage. robe. Wardens of the Tables 51 H. 3. Stat. 5.

IDarDcn,

flaff

vice of the Ward-ftaff, viz. To carry a Load of Straw in a Cart with Six Horfes, Two Ropes, Two Men in Harnefi, to watch the faid Wardwhen it is brought to the Town of
Aibridgt.

CambAen

in Effex.

ICiarDtDaitr, (Sax.) Significat quietantiam mifericondia in cafu ouo non invenerit quit bominem ad Wsvcdam faciendam in caftro vel alibi. Flcta lib. I. Ins-

munitas a
on*.

ab eorum contributiprdftdiis faciendis, vel Spelm. But Skinner is of Opinion, That "tis a Duty paid towards the Charge of Watching, rather than an Exemption from that Duty I

from the Sax Weard,

Ba.

Vigilia,

and Wife,

MuU

of the King's Exchange.

9 Ed. 3. Stat. 2. cap. 7. Wardens of the Rolls Warden or 1 Ed. 4. cap. I. 5. in the Chancery. Clerk of the Hanapcr in Chancery. Ibid. Warden of the King's Writs and Records of his Common Bench. Ibid. Warden of the King's Armour in the Warden of the Houfe of the Tower. 1 Ed. 4. t. And Wards* of the 1 2 Car. 2. ca. 30. Converts. Stannaries. 14 Car. 2. cap. 3. Sec Gardian.

& 9 H.

5. Stat. 2. cap.

4.

To fallow Ground, or plough up (defigncd for Wheat) in the Spring, in order to let it lie Fallow for the better Improvement ; which in Kent is called Summer-land. Menfe Aprili waretandi erit tempus idoneum &* amotarfttarf,

Land

num, cum
c.

33.

Hence

terra fregerit poft carrucam. ixiareBabilis emmpm, a

Flcta, l.b. 2. fallow Field ;

Ore.

Campus ad warcftam, Terra warcilata, Mr. Kennet's Gloflary in vjareBare.

See

Mmm

Ua

WA
ftliarPttum, and 37ftTa OTarptta, (Wareccum Of VareBum, Fr. Terre garee,) Land that has been untill d Alio fallow Ground. neglected, and long wareBi, in ancient Records, fignifics the Tempus Time wherein Land lies fallow, the fallow Year, or Seafon for fallowing Land. In WareSis, in c> in omhrueris, in bofcis, in marifis, in defends, a. nibus terris, &c. Mon. Angl. 2 Par. fol. 253. xxv. Acras unoquoque anna ad feminandum, &fi totidem ad Ware&andum. Idem, 1 Par. f. 525.*. See
i

WA
the Juftices to this

nor record him

Orig. f. 18. and Glanvile, lib. 1. c. 8. efliarrant of 3kro2iiep Is

End, that they neither take Default for that Day. Reg. Of this read more. F. N. B.fol. 17.
in

Yvenagium.
iarfUB,

Warphos,

Cant, concedentis Wi/Iielmo de ABone &> baredibus ffiUarrantp, Warrantia eft fecuritas a venditore ut duodecim acras de Warlaundc cum pertin. apud prttftita emptori, quo tranquille aliquid poffideat. Eaq; fuis Hakintone, quas tenebant in Gavelkind, in futurum te- a figniftcatione warrantizarc dicitur warrantus, five nant proredditu 11 fol. 11 den. Regiftr. Eccl. Chri- venditor quando fe emptori obligat per atla Curia, aut cbartam, aut contraBus inftrumentum, Voflius de fti Cant. MS. Garment, a Suit ofCloaths. vitiis Sermonis, lib. 2. cap. 20. It is a Promife or JarniamentUtn,
copi

Aftion, and many real Actions, is of Courfc put by the Attornies for the Plaintiffs or DemanBut a Warrant of banifhed Rogue, who lives by dants, Tenants or Defendants. tllargU0, H. 1. c. 83. Et fi quis corpus in ter- Attorney to fuffer a common Recovery by the Robbery. Leg. Tenant or Vouchee, is acknowledged before fuch ra, vel noffo, vel petra expoliare prtfumpferit, Wargus Perfons as a Commiffion for the doing thereSee Vargas. babeatur. of directed. Weft, Par. 2. Symb. Tit. RecoveIBarlanD, The fame with WareBum. JarIaunDf , Johannes Prior &P Conventus Ecclefia ries. Sell. 1. F. See Attorney, and Letter of AtCantuar. confirmant cartam Ricardi Arcbiepif- torney.

appoints another to do fomething in his Name, and warranteth bis ASion : Which fecms to differ from a Letter of Attorney, which paffcth ordinarily under the Hand and Seal of him that makes it, before any credible Witneffes ; whereas a Warrant of Attorney, in a perfonal and mixed

Man

Warrant whereby

Wharf.

Pifcarias

vias,

chimina,

vacuos fundos, V.

in

Chrifti

Pro bac donatione concejferunt Abbas &P Mona- Covenant by Deed made by the Eargainor, for corrodia SP himfelf and his Heirs, to warrant or fecure the cbi Radinges mibi Qp CacilU uxori me* warniamenta fecundum quod in carta eorum confine- Bargainee and his Heirs againft all Men for the

titr.

Chartular. Radinges. MS. f. 63. Enjoying any Thing agreed on between them. Provifion. And he that makes this Warranty is called warranJUlatniffura, Garniture, Furniture, decima libris 8p orna- tus, by BraBon, lib. 2. cap. 19. and 37. and this Exceptis ab bac quinta mentis Ecclefiarum&> exceptis bladis ad warnifturam Warranty paffeth from the Seller to the Buyer, Pat. 9. H. }. Brady Hill. from the Feoffor to the Feoffee, from him that cafirorum emptis. releafeth, to him that is releafed from an Acti169. Eng. Append.^. on real, and fuch like : And the Form of it is in lllarmmfler. Sec Veriuck. Trin. this Manner, Et ego prtfatus J. baredes mei prtlHVirnOt!). Inter Record, de Recept. Sacc. Ed. 1. Line. 46. coram Rege, I find it to be diBas decern acras terra cum pertinentiis fuis, pr&fato

&

an ancient Cuftom ; whereby, if any Tenant, Caftle of Dover, failed in paying holding. of the his Rent at the Day, he Ihould forfeit double ; and for the fecond Failure, treble, &c And in Mon. Angl 2 Par. f. 580. a. Terris cultis & terris de Warnoth. J3Fpenna, Wardpenny. Liddington. Homines

33

H. beredibus ajfignatis fuis contra omnes gentes warrantizabimus In perpetuum per prtfentes. Weft. Symbol, part 1. lib. 3. Tit. Feoffments, feet. 287, 288. See Glanvile, lib. 3. per totum. BraBon, lib. 5.
traB. 4. Britton, cap. 105. and Co. 4. Rep. fol. 81. Noke's Cafe. In ancient Deeds we find Warranties
:

&

run thus Contra omnes homines &P fasminas conreddunt Warpennam Vic. Regis out tra omnes homines & Judsos warrantizabimus, &V. hujus Munerii Tit. Grentbrig- Warranty is either real or perfonal; Real, when it cufiodiam faciebant. Domefday, See Wardpenny. is annexed to Lands or Tenements granted for fcirc. Jarrantia Chart* Is a Writ that lies pro- Life, &c. And this is either in Deed, as by the for him, who being infeoffed in Lands or Word warrantizo exprcfly ; or in Law, as by the

&

Tenements, with a Claufe of Warranty, and is Word Dedi, or fomc other an Ajftfe or Writ of Entry, wherein nal, which either refpects impleaded in he cannot vouch or call to Warranty : For in this Thing fold, or the Quality Cafe his Remedy is to take out this Writ againft in refpeft of the Eftate, is
the Feoffor,
F.

perly

Amplification Perfothe Property of the of it. Real Warranty,

either Lineal, CollateLittle-

or his Heirs.

Reg. Orig.

fol.

157.

ral,

or commencing by DiffeiRn, for which fee

lib. 6.c. 3 J. B.fol. 134. Fleta, bol, part 2. Tit. Fines, feet. 1 56. iarrantia CUffOoisB Is a Writ

thelaft Chapter of his Tenures, and Co. lib. Termor's Cafe, fol. 78. So then under the 3. Judicial, and Word Htredes are comprehended all fuch as the him who was challenged to he a Ward to firft Warranter's Lands afterwards come unto eilay for another, in refpect of Land faid to be holden in ther by Defcent, or otherwifc. BraBon, lib. 5 it was bought by traB. 4. c. I. num. 2. faith, Imprimis videndum eft Knights-Service, which when the Anceftors of the Ward, was warranted to be quid fit warrantizatio ; Et fciendum quod warranti-

N.

and Weft Sym-

ton in

free from fuch

Thraldom, and

it

Warranter and his Heirs. Reg. Judic.fol. 36. But now by the Statute made 12 Car. c. 24. it is become altogether out of UTe. in cafe where a ^prrflntia Diei Is a Writ lying Man having a Day affigned perfonally to appear in Court to any Action wherein he is fued, is in

lay againft the zare nihil aliud eft quam defendere & acquietare tenentem, qui warrantum vocabit in feifina fua. With whom agrees Fleta, lib. 5. cap. 15. feh 1. 8c lib. 6. cap. 23. per totum. By what Words in a Feoffment a Feoffor mall be bound to Warranty, fee the Stutute of Bigamy. 4 . I. cap. 6. and fee Co.

on Lit.f. 365. and 383. HUaiTfi, Warrenna alias Varenna, Cometh of the mean Time, by Commandment, employed in the King's Service, fo that he cannot come at the French Garenne, i. Vivarium, vel locus in quo the Day affigned. This Writ is directed to the vel avei, vel pices, vel fern, continentur, qu/e ad vi-

Bum

WA
Bum
us,

WA
rtual.
;
: ,

duntaxat pertinent. Calepine out of Attlus Gellii. Noel. Attic, t, 20. But a Warren, as we ufc it, is a Franchife or I'lacc privileged, cither by Prescription or Grant from the King, to keep Beads and Fowl of Warren, which arc Hares and And if any Conies, Partridges and Pheafants Pcrfon be found anOftcnder in any fuch Free warren, he is punifhablc for the fame at the Common Law, and by the Statute 21 .3. called the StaVitute De malefa&oribus in parcis Qp ibaceis, QPc.
lib.

detur tamen j^uftkiariit

quod Capreoli funt

fta,
eo

beft'ne

4 Of J. Secondly, Waft* i* taken for thofe Lands which arc not in any Man's Occupation, but lie Common which feem to be lb called, becaufc the Lord cannot make fuch Profit of them as of his other Lands, by reafon of that Ufc which others have of it in parting to and fro upon this none may build, cut down Trees, dig, &*. without the Lord's Liccnfc. Thirdly, tear. Day and VVuftc, (Annul, dies Qp vajlum,) is a Punifhment or Forfeiture belonging to Petit Trca hie S Concilio Dom. Rtgis, fon or Felony, whereof you may read, StaunJf. de Warcnna tp non de Fore PI. Cor. lib. 3. cap. 30. And fee Tear, Day and
Waft*. Ulaffr <B;ounf, Vaftui fundus, Is fo called, becaufc it lies as Wafte, with little or no Profit to the Lord of the Manor, and to diftinguilh it from the Dcmcfnes in the Lord's Hands, 2 par. Inft. fol.

quodfugant alias be (lias de Warenna. Hill. Anno 15 . 5. Ebor. Rot. too". A Free-warren may lie open, for there is no Necctfity of inclofing the lame as there is of a Park ; which ought to be feined into the King's Hands, if it be not inclofcd.

IDarrrbff.
ton

Edmundus Bufcbe

tenet

terras in

Mor-

Com. EJfex, per fervitium inveniendi unum ftimuarrocks fuper quoddam Clothlum ferreuai pro uno fac quandocunqut D. Rex equitaverit in exercitu verfiis 22 R.2. Blount of partes Wallix tempore gtterra.

Tenures,

fecms to be the fame with Ward ; a cuftomary Payment for fomc Caftle-Guard, or for keeping Watch and Ward "Tola villa de Lightborn in Com. Warwic. eft dat ftutagium &> Warth, 6p venit ad geldabilis @P duos magnostmnosVictcomitis.^1 E. 1. Blount's Tenures, tag. do. This cuftomary Acknowledgment by the very Name of Warth, is ftill paid within the Manor of Sutton Colfield, Com. Warwic, with fome particular Ceremonies that are indeed Adam de Oket was fingular and furprifing. found by Inquifition, 18 E. 1. to die fcifed of'certain Tenements in Dinley, Com. Warwic. held of the King, by the Payment of a Halfpenny per annum, called Warth. Rot. Fin. 18 Ed.
JFUartl), It

p.

32.

and Ward-penny

A large Cup or Eowl of Silver or of Wood, wherein the Saxons at their publick Entertainments drank a Health to one another, in the Phrale of Was-heal, i. e. Health be to Ton. in the This is the Meaning of the Word Vaftellum Lives of the Abbats of St. Albans, oy Mat. Par. pag. 141. Abbas folus prandebit fupremus in RefeBtrie habens Vaftellum, of which the Learned Dr. Wati Si non fit Umbraculum aut was ignorant. Baldckinum (a Canopy) nefcio quid fignificet ; neque tamen conjeBar* pojfum quare Umbraculum Vaftellum diceretur. Quare, But by the Word Vaftellus no Doubt is meant the Waftel or Wafs-beal Bowt,vihicb was let at the upper End of the Table for the Ufe of the Abbat, who was ferved in this Plate, and began the Health or Poculum Cbaritatis to

6}6. Sec Wafte. SltaSel owl,

Strangers,

or

to his

Fraternity.

Cakes and

fine white

Bread, which were

From hence common-

Wafte eos de qumgentis acris terr*, Sec Pr,fidium. queritur, quod dijfeifivit Chartular. Abbat. See Wardwite. IDiirtoitf. bofd, mora, waftini, 8 prati. CUafljUiu, A Shallow, or fordable Part of a Ri- Glafton. MS. f. 89. a. ver or Arm of the Sea, as the Wapes in LincolnJBlaflOJiS Were a Kind of Thieves fo called. &Pc. Et fie tranfierunt per unum Wa- Anno \ E. 3. cap. 14. 'There have been divers Manjbire, ihum maris ad longitudinem unius leuca in vigilia slaughters, Felonies and Robberies, done by People called ex altera parte Wafhi inimici fue- Roberdfmen, Waftors, and Draw-latches. S Bartholomai, 4 H. 4. Hen. Knighton fub anno cap. 27. runt parati ad pralium. Iateril$ai(tff0 Seem to be Officers in Port1346. 28 H. 6. c. 5. lli>sffai[e Was a fcftival Song heretofore fung Towns, for the fcarching of Ships. from Door to Door about the Time of the Epi- Alfo an Officer belonging to the City of London, From the Sax. Waes Heal, . *. Sis fal- who hath the Supervising and Search of Fifti phany. vus. brought thither, and the gathering of the Toll riHath divers Significations ling from the Thames. He alfo attends on the Jttaflf, Vaftum, in Houfcs, Woods, Lord Firrt, It is a Spoil made either Mayor for the Time being, and hath the Lands, Sp c. by the Tenant for Life or Years, to principal Care of marfhalling the Gucfts at the v the Prejudice of the Heir, or of him in the Re- Table ; and doth arrcft Men for Debt, or other verfion or Remainder. Kitcbin, fol. 168. Where- pcrfbnal or criminal Matters, upon the River the Re- of Thames, by Warrant of his Superiors, and the upon the Writ of Wafte is brought, for covery of the Thing wafted, and treble Damages. like. See Vafto. Wafte of the Forcft is mod properly ?IUater*gage, Watergagium &* Aquagagium, A where a Man cuts down his own Woods within Sea-wall or Bank to reftrain the Current or Overthe Forcft, without Lieenfe of the King, or Lord flow of the Water. Alfo an Inftrument to Gage See Manwood, part. 2. c.t. or Mcafure the Quantity or Decpnefs of any in Chief
SDarttnck.

ly fopped in the Waftel-Bowl, were called WaftelBread. It is an unlucky Conjecture of Mr.Somner Forte a Latino Paftillus, alias Paftellus, P. in z. n. 16. V. SP W. ut fapi tranfeunte. 2UarfC0t Was the Contribution wont to be affel'lBjeaO, (Anno 51 Ben. 3. Statute of made towards Armour in the Saxons Times. Sint Bread) Vox autem unde veniat, non liquet, fays the omnes, tarn primarii quam mediocres QP minuti, im- Glojf. in x Scriptores, forte a Gal. Gaftcau, L *. Limune*, liberi Qp qtiieti ah omnibus Provincialibus, bum, placenta habebit quotidie de liberation* xxx Sol. Hundred- Qp xii Waftellos dominicos 8f xii Siminellos d minicos. popularibus placitis, qua fummonitionibus laghe Angli dicunt, &P ab omnibus armorum oneribus R. Hoved.jW. 420. a. This was the fineft Son of See Cocket. forinfecis querela. Leg, Bread. quod Warfcot Angli dicunt, Ground or Defalt num. 9. Vnde Forcft. Canuti Waffinum,

&

&

Reg.

&

Jiiftice

Eyra

Waters.

Mmm

5U.a#

or Coventry to Leicefler, Nevark, and fo to Lincoln. IDatetvgang. Watergangium, A Trench Courfc to carry a Scream of Water, fuch as are The Fourth was called Ermine or Erminage-fireet, beand drain Wa- ginning at St. David's in Wefi-Wales, and going to ufually made in Sea-walls to loofe Some confound this with Southampton. See the Laws of Edward the Confefter ,out of the Marines. Four publick Ways had the Watergage, but they fecm to differ in Significati- for, whereby theic on. Cart. H. 3. De ordinatione Marifci dt Rome- Privilege of Pax Regis. See Hollinfhed's Chron. vol. VVatergangias 1. cap. 19. and Henry of Huntington, lib.'i. in princiney, &V. Ad reparandum wallas Marifci contra Maris periculum. Omnibus Balli- pio. ejufdem And in Leg. W.i. c. 30. there arc Three Ways vis de Befiriftonc,Robertus</Curci,o'//ew.AAido vobis atque pr&cipio, quatenus jufiicietis meos homi- mentioned; but Ikenild-fireet is omitted, which was nes de Margate, ut faciant wallas' &> watergangas>c> called Iknild from the lceni, and Strcat, which a Way. claufuras wallarum ficut debentfacere, Qp fi facere no- fignifies

&

luerint,

turn jufiicietis

illos

ut faciant, &c.

Mon.

many on ther ben in Englond ; But four mofi of all ther ben to underfiond : or other Benefit received from fome River or That thurgh old Kyng were made ere this, Rex falutem ; Sciatis As man fcbal in this Book after her tell I wis, Water. Henricus nos dedijfe, &>c. dileBo Qp fideli nojlro Huberto de From thejouth into the north take it Ermin ftreet. From the eaft into the wefi goetb Ikenild-fireet, Margerias uxori fu* ree'diBurgo comiti Cantue that i$ Sumdclgretc, tum 32 s. 4d. quern homines eorundem Huberti From fouthefi the
Ang.
2 par. fol. 920. <JUater;gat)el

Faire weyes

Was

Rent paid

for fifliing in,

&

&

&P Margeriae de Manerio fuo de

folehant Jingulis annls, per

Elmour nobis reddere From Dover into Cheftre goth Watlingftrect, manum Ballavi nofiri de The Sexth of thife is mofi of alle that tillot from
'

nortbefi,

Tote-

Mcnftreworth 15 H. ? .
22 Car.
1.

nomine Water-gavel Habend. Dat.

It
is

neys, From the end of Cornwalle anon

to

Cateneys,
into

iJUarersJBeafurP,

mentioned

in the Stat.

From

the foutb

wefi into

nortbefi

Englonds

end, greater than Winchefier-Meafure by about Three Gallons in the Bufhel, and is Foffe men callith thiske voix that my monoy thoto von doth voend, now ufed for felling Coals in the Pool, &c. ^U(!ffr;!S);Deal. Our ignorant and fuperftitious Thefe four waies on this Lond Kung Belix the Anceftors had a cuftomary Way of Purgation, wife which they called Judicium Dei, believing it to be Made and ordeined hem volth gret Fraunchife, the Intcrpofition of Divine Providence, or as it For whofoedid therein ony theft other any wcuz, were the immediate Judgment and Dccifion of He made juggement thereofe, and gref vengeance God himfelf Thiswas commonly by Fire-Ordeal, or ynouz, by Water-Ordeal, and this latter was either by hot This is an old Description of thole Ways, ma.de Water, or by cold Water. The Purgation by hot Water was for the Party accufed to thruft his by Robert of Gloucefier, Dugdale Antiq. Warwick, Hands or Feet into fcalding Water, on Preempti- pag. 6. on that his Innocence would receive no harm. EBabrfon, Such Goods as after Shipwreck do In tantum That by cold Water, was for the Defendant to appear fwimmingon the Waves. be caft into a Pond or River, (as they now pre- quod omnes punitior.es, correBiones, deodanda, WaveWrecks & Regalia, videl. tend to try Witches) whether he would fink or fon, Flottefon, Lagafon, fwim. The Fire-Ordeal was for Free-men, and Magnas pifces captas, &c. Carta Arthurs Plantaginet Perfons of better Condition : The Water-Ordeal magni Admiralli Angli/e Major's & Civibus Roffen, for Churls, Bond-men, and other Rufticks , as Dat. \Decemb. iS H. 8. In tali cafu tenetur fe furgare ffC'arlijOt or KHajefcof, Ceragium, This was anGlanuile reports is qui accufatur per Dei judicium, fcilicet, per Ferrum cicntly paid thrice a Year towards the Charge of calidum eel per aquam pro diverjitate conditionis Homi- Candles in Churches. Tributum quod in Ecclefiis num, fcilicet, per ferrum calidum Ji jit Homo liber, per pendebatur ad fubminifirationem cert cP Luminarium.

and

is

&

Hac autem folutione multi fe eontendunt immunes ejfe rujiicus. Cdlarerftapf , t e. An Aqueduct. From the Sax. a minoribus quibufdam decimis perfolvendis, ejufdemque Waeter, Aqua, and Schap y duBus. generis funt qu*. alias Cock, Wax, alias Maincmatlinflsflreet Is one of thofe Four Ways port appellantur. Spelman. See Chimin. which the Romans are faid to have made here , iT3ia)>. and called them Confulares, Pratorias, Militares CU t aOf , (for fo anciently they wrote) Wood. See

aquam ji fuerit

&

&

Publicas.
fireet.

This

Street is otherwife called

Werlam-

rond.

Etjlrata

quam

filii

Wethe

Regis ab oriental!
ftraverunt.

JUlaprVfte,
ing,
;'.

mari ufque ad

occidentale per

Angliam

R.

e.

for keeping

Ward-penny, or Fee paid for waitWatch and Ward,

Hov. f. 248. a. n. 10. This Street leads from Dover to Thomas Spelman tenuit manerium de Narborough in London, Saint Albans, Dunfiable, Towereefter, Atherjlon, com. Norf. per fervitium militare per redditum 14 fol. and the Severn, near the Wrekin in Blount of Teextend- pro wayt-fee &>

&

Shropjhire,

Cafile-guard.

ing

it

felf to Anglefey in Wales.

is

Saxon Word fignifying ftretching from Southampton over the River Sylva, is the woody Part of a Country, as the at New-bridge; thence by Cambden and Litch- Weald of Kent. Camb. Brit. pag. 247. Anno 16 H. Ijis, then it pafieth the River Derwent by Derby, 8. c. 7. In the ColleBion of Statutes, Car. i.e. 6. field; 1-4^ fo to Bolfeover-CMe, and ends at Tinmouth. The it is mifprintcd Wildes of Sujfex, Surrey or Kent, Third was called The Fojfe, becaufe in fome Pla- for Wealds.

The Second
cenis,

called

Arnio 39 El. c. 2. nures, /. 7. ib called ab IMlealO or OTelb, Ikenild-fireet,

it was never perfected, but lies as a large IBealO, talD, BHalf, In the Beginning of Ditch, leading from Comwal through Devonjhire, Names of Places fignifies a Situation near by Tetbury, near Stow in the Wolds, and befides Woods or Groves; from the Sax. Weald, i. e. 2 a Wood.

ces

ffEfat'

WE
tZHralreaf,
:

WE
Man
in
his Fifteen

Ounces make the Merchants Pound, FI*2. cap. 12. which though an Ounce left Reaf, Spoliatio, quafi Strati vel probably be all one in Signification with 'Tii> mentioned in Leg. Etbelred. at Wantage, Aver-du-poii, and the other Pound called by Fkta VVcalrcaf, i. e. Mortuum referre, eft opus Trone weight plainly appears to be the fame with cap. 21. Sec Teenage. From nithing, (i. e. of one made Free, or Manumitted,) that we now call Troy-weight. hoc negate velit, faciat cum 4.S Thaynis plane henceforth there fi quis JbaU be one Weight, on* Meafure, and
<

<

Robbing a dead
Sax.

Grave

From
,

the

Weal,

Stragts, and ta, lib. Extinct: Spoliatio. fhould

1

nobilibus, pc.

IDcare or JDere Wera &> Wara, A Stank, or a River, well known, accommodagreat Dam in ted for the taking of Filn, or to convey the Stream to a Mill. Vnam waram &> dual Cotlandas cum Domini* &* Prato, Mon. Angl. 2 par. f. 128. Sec Kiddell. Gurgitei is fomctimes ufed in our Records for Wears as, \Jfque ad Gurgites, Anglic* vocal. Snowtwcars. Item Petrus tenet unum Gurtigcm infra Wayam, a Wear on the River Wey. Liber niger Ueref. f. 66. See Kiddel. CUeubftvUS The cuftumary Service which in;

one Yard, according

to

the

through all the Realm, Sfe.

Standard of the Exchequer, Anno 17 Car. I. c. 19.

See Pondus Regis.

(Hlf Hjl)t Of atlincfl,

Anno 14 E.
i.

J.

Stat.

I.

It.

See Auth el- weight. tllemtninu. Leg. H.

:

cap.

ca. 33. hjufto

quojue ju-

duio contradict poterit

entiori

&P Sapiunjuft Judgment in an inferior Court may be let afide by an Appeal to a Superior. From the Sax. Wem, Menda.

An

Wcmminge

Superior/

ferior

Tenants paid to their Lord in cutting down their Corn, or doing other Harvcft Duties. From Sax. Wed, a Covenant or Agreement, (whence to
wettd, -wedding, a

wedded Husband, a wedded Bondflave, e>c.) and Biddan to pray or dclire, and Rippan to reap or mow. As if a Covenant of the Tenant to reap for the Lord at the Time of his avoragia femper de tribus feptimanit in tret, QfcAnno Dom. 1325. Ro and nr>frf (Sax.) are Words found in bidding or commanding. The firft fignifics a Caftle; the bertus Filius Nicholai Germayn tenet unum meffuagium ancient Charters & dimidiam virgatam in bondagio ad voluntatem Do- laft, tefiimaticnem capitis, or Pretium, quo occifus aSec mini, & debet unam aruram in Teme, & unam farcu- fiimabitur. capitis.

2limD, Wendm, i. perambulatio, From the Saxon Wendam, ire, to go. Pracinitus ttrrx amplior plurima juga in fe continent. Rcntalc Rcgalis Mancrii de Wye, Tres funt wendi, viz pag. 31.. Doun-wcnd, Cniltones-wcnd, Bionsford-wcnd, CP in quolibet v/endo funt decern juga f fie in tribus wendis funt 30. juga, quorum 16. juga &* dimid. funt in wye 6t infra. Quilibet wendus f.tciet 10.

&

dim

JHfiimatio

V&nt, The River. See Vedra. Paroch. Antiquit. pag. 401. Were, alias SUrrr*, According to Lambard in Ricardi le Grey faciet unam farculaturam his Explication of Saxon Words fignifics *ftimatio ca&> unam Wedbedripam 8? levationem foeni. lb. aut pretium hominii. That is, fo much as one pitis p. 4C2. paid in ancient Time for killing a Man, when

laturam, Of debet

Wcdbedrip

pro voluntate Domini. Alicia qui fuit uxor

Weigh of Checfe in Effex is Three Hundred Pounds. Et decimam Cafei fui de Hcrting, prater unam Peifam quit pertinet ad Eccletiam de A. Mon. Angl. 3 Par. f. 80. b. Where Peifa fcems to be ufed for a Weigh. See Waga. Coke's 12 Rep. fol. Salt. 17. mentions Eighty Weighs of Bay arc Two Sorts of JtBeitjltf?, Pondera, There them in ufe with us the one called Troy-weight, the Pound, by which having Twelve Ounces in Stones, Ele&uaries, and mediciPearl, precious nal Things, Gold, Silver and Brcde be weighed. The other is termed Averdupois, and contains Sixteen Ounces in the Pound, by which all other Things be weighed that pafs by Weight. Geo. Agricola in his learned Tractate De Ponderibus & menPound of Twelve Ounces furis, p. 339. terms the Libram medicam. and the other of Sixteen Ounces Libram civilem, faying thus of them both, Medic*
;

Waife. ieif. fuch Crimes wcrepunifhed with pecuniary Mulcts, JBcigh, or Wtv, (Waga ) Is a Weight of Cheefe not Death. In Leg. Ed. Conf. cap. 1 1. we read Two Hundred Fifty-fix Were or Woo!, containing fuum, id eft, pretium fun redemptions, his RanPounds of Auoir-du pois. A Weigh of Barley or fbm. Si quis ante Comitem in platito pugnaveMalt is Six Quarters, or Forty-eight Bufhels. A rit, emendat fecundum pretium fui ipfius, fiP forisfaclu-

Sec

ram quod Angli dicunt were fif witc. Leg. Caiiut. MS. p. 1 50. In which Words the Saxon W. is often miftaken for P. and written Pere and Pit*.
See Pere and Pite fee alfo Gavelet. The Words Were, Wita, and Manbota, are often joined together in our ancient Charters, and old Law-Books ; but they are of different Signification For Wera fignifics the Price or Value of a Man (lain, which was to be paid to the Kindred Wita was a Mulct ufually of 30 s. which was to be paid to the Party injured ; and Manbota was the Rccompencc to be
,
:

made

to the

Lord for the killing

his Vaffal or

Tenant.
EUrrrgflf'thCf Signifi at latronem qui rtdimi potefi,

Flcta,

lib. 1.

cap. 47. vel Gerfuma pro latront

evafo ex career*.

Ex MS. Abbathisc Radingix.

IPfreiaDa
tis

From

the Sax. Were, Pretium capi;

be termed, by thus, viz. Where a Man wais (lain, the Price at reafon of the more full Weight. But by thefc which he was valued was to be paid to his RelaWords Aver du pois, are fomctimes fignificd fuch tions. For in the Time of the Saxons the killing Merchandife as are bought and fold by this Kind a Man was not punifhed by Death, but by a peof Weights. The firft Statute of Xork, made 9 E. cuniary Mulct, which was called Wera: But if E. 5. Stat. 2. c. 10. and 24 H. 8. the Party denied the Fad>, then he was to purge 3. in Procem. 27 c 1 3. See Skene de verbor. fignif. verb. Serplathe. himfelf by the Oaths of fcveral Perfons, accordAll our Weights and Measures have thetr firft ing to his Degree and Quality, vix. Si ad quatucr ex matte 4, fi ad which libras reatus fit, cum 18 patre, Compofition from the Penny-Sterling, to weigh Thirty-two Wheat-Corns of a 14 libras natus, cum fexdeam ; and this was ought middle Sort Twenty of which Pence make an called wcrclada. Leg. H. cap. 12. Htmicidium Ounce, and Twelve fuch Ounces a Pound ; but wera folvatur, vel Wcrelada negetur.
runt.

&

chilis libra

numero non gravitate unciarum

fo to

diffe-

htminis

occifi,

and Ladian Purgare

which was

The Second fcems

'

'

'

WH
JBefttoff.
dredpenny,
feng.

WI
communi mlferhor-

Et

fint quieti

de

Winnam,

I.

e.

To

get,

and Are, Honour; becaufc

dia Comitates, de Wardpenny

& Thirdingpenny,
I.

P? Averpenny, de Hun-

ChartaH.

From

To

take a See Were.

Ranfom

de Forde Weretoff ejufd. led Cenv the Sax. Were to ron,i. e. concedunt Jobanni Palfrayman de Sutton unam pltor Price for killing a Man. ceam tent. ftp unam v/\\U*m jacentem in %afto de Sutton inter whitam Thorn* Attechirche noftro

&

Honour

acquired by the Sword. Jlltta. Edmundus Prior de Ely &>

is

Pretium feu ex parte occidental'! whitam Jobannis Pyper Natiwhich was vi noftri ex parte oriental!. Ex Cartular. Eccl. the King for the Lofs of his Sub- Elien. MS. penes Joh. Epifc. Norwic. partly to paid to the Lord whofc Vaflal he was, and ?!UtnteliarC*S>ilUer, Candidi cervi argentum. Is a jeft, partly the next of Kin. Qutdam {crimina) Mulct paid into the Exchequer out of certain partly to in or near the Foreft of emendari non pojftmt qua funt Husbrech, Bernet, Lands Whltehart, which hath continued from &> Eberemord, &> Latordfith, Henry the Third's Time,who & Openchef,
tttergllD, tfUergelb, {Wergtldus.) valor bominis occiji, homicidii pretium
\
;

&

&

vet per manus Regis per bomi- impofed it upon Thomas de la Linde, for killing a pads Ecclefta, LL. H. I. ca. 13. In which Chapter the moft beautiful White Hart, which that King before cidium. Crimes arc enumerated which might be redeem- had purpofely fpared in Hunring. Cambd. Brit,
infratlio

Scoti- p. 150. unoquoque jure per una juvenca, Jive fuerit Milk, Butter, Cheefe, Eggs, am eft Reg. Maj. lib. 4. cap. 19. and any Compofition of them, which in Times of liber homo, fivefervus. The Wergeld of an Archbifhop and of an Earl, Superftition were forbid in Lent, as well as Flefli, was 1 5000 Tbrimfa's. Selden's Titles of Honour, fol. till King Henry 8. publifhed a Proclamation to allow the Eating of White-meats in Lent. Anno Reg.

ed

per Weratn.

De

Wergclt 30 Voce*

&

Mam

WWtetyem,

fce- 34.1543. ffillitljaliW, {Sax.) Virilis <KUerliatie0, flUtjiterent Is a Duty or Rent of minei Sexus. LL. Edm. c. I. Eight Pence, e. A Curtilage. payable by every Tinner in the County of Devon XmeOjDing, In the Beginning or to the Duke of Cornwal. See Quitrent. Jcrth, leo^tIl, irth, Iffll)ite*S>pur : ASort oiEfquires fo called. See End of Names of Places, fignify either a Farm, or Village From the Sax. Weortbdig, i. e. Efquires. Street, CCBijlffunf (DP, So called becaufe thofe who were Platea, &>c. Cum omnibus aliis confuetudinibus, newly baptized came to the Church between EaflUUrbagillttl. libertatibus fuis &> Wervagio fuo bi landc fter and Pentecoft in white Garments. legibus Mtttatoarit, Whittawers. ScU. Quia coria bo&> bi ftrande. Cbarta Hen. 3. Levejbamenfi Cosnob. vina &> equina furata fcienter i. c. Wharfage. albifcant, ut ftc non Quart. the Weft- agnofcantur. Statuta Walliae. 12 Edw. 1. I find ieff>a]COnIage Was the Law of it elfewhere written Saxons. See Merchenlage. Wbytaroyers, and interpreted, the ancient Allutarii vel interpolators albi corii. Hift. Oxon. fol. flttteffmmSer, Weftmonafterium,XV&s ' Seat of our Kings, and is now the well-known 158. of Parliament, and A Kind of coarfe Cloth made n^tfei&fraitsi, Place, where the High Court Courts of Judicature fit. It had great Privileges in Devonjhire, about a Yard and Half a Quarter Nicolas ; among others, ut am- Broad, raw, mentioned 5 H. 8. c. 2. granted by Pope See Ain perpetuum Regia conftitutionis locus fit atque I@fjit(e}>, A Town in Northumberland, plius
'
:

&

&

&

Repofitorium
/ 2 55-

Regalium Infignium. Ep. ejus ad div. Edovard. Tom. 3. B. f. 1228. See City, and 4 Inft.

lone.

cum
40.

Wett croft, Habebit menfuram unam, f. wetecroft orto ubi pofpt manere, &c. Mon. Angl. 2 par. f.
J0EPtl)e.

Et omnia animdlia
in toto

advenientia fugitiva.

Hundredo de Halton. Mon. Weythe, See Waif. f. 187. b. Angl. 2 Par f0harfp, Wharfa, Is a broad plain Place near a Creek or Hith of the Water, to lay Wares on, that are brought to or from the Water. New Book of Entries, fol. 3. Anno 12 Car. 2. cap.
Galilee

See Thila. See Pentecoftals, mentioned in Letters Patent of Henry the Eighth to the Dean of Worcefter. JlUtr, A Place on the Sea-fhoar,or on the Bank of a River, xlnft.f.^.b. But it more properly in the fignifies, Saxon, a Street, a Village, or Dwelling-place ; alfo a Cattle. See Wyke. It is often in the Saxon Language made a Termination to the Name of a Town which had a complcat Name without it ; as LundenWic, that is, LondonatUcf)terf!]tia.
aUfjitfOnfarft)tnotJBf.

Town, which fignifies no more than

the Saxon Annals,
'tis

London

as in

mentioned that King JEthelIBharfagp, Wharfagium, Is Money paid for bert made Mellltus Bifliop of Lnnden-Wi : So Ipfor for fhipping or ta- <wicb is written in fome old Charters Villa deGippo, landing Wares at a Wharf, a Boat or Barge from thence. It and fometimes Villa de Glppo Wico; which is no king Goods into and 22 Car. 2. c. 11, Variance, but the fame Thing For Gipps is is mentioned 17 H. 8.r. 26. the complcat Name, and Gipps-Wic is Qipps&c. fUharfingfT Is he that owns or keeps a Town. hath the Ovcrfight or Management of (EUica, A Country-Houfe or Farm, of which Wharf, or Anno 7 E. 6, 7. 12 Car. c. 4. and 22 Car. 2. c. many a one is now called the Wike and the Wick. it. Nos W. Abbas Glaflon, Conventus 11. $Ul)f Clagp, Rotagium ; Tributum eft quod Rotarum comefftmus Andrcx de wik, pro homagio &> fervitio fuo carrls tranfe- wicam de manerio de Ejfebi cum omnibus pertinomine penditur ; hoc eft, pro plauftris noftro
4.

&

&

untibus.

Spclm.

nentiis fuis

in

eadem

villa.

Chartular. Abbat.

Cjl'tlcrlu"Ofef?,The ancient Fnglijbofcn Chariots

Glafton.

MS.f.29.
Sec
Quletant'ia.

were ufed by Pcrfons of Quality before the Inventions of Coaches. See Stows Survey of Lonthat
don, p. 7tftljiuiarfc,

fflt\tl)tmtte.
flllicfjencrif,

Witchcraft.
Canute,
c.

The Word
27.

occurs in

the

Laws of King

Sword

fo called

from the Sax.

JEUiDoto

WI

WI
\

EJlinoUi Of the lime. Vidua Regis. Was the, do him eny barm in body or in good, that ye mak' that after her Husband's Death, being the King s tartly hi, gru why It, the goody i wole flrecche. And I wole alfoe, that none of Tenant in C.ipile, was forced to recover her Dowmjnt Executors moder by the Writ Be Bote ajjignanda, and could not die or mynyftrt inj tbingt of my goody, withoutyn avyfe marry again without the King's Con font. Staundf. and confent of my Supervifors or (urn of htm. Now I bequetbt to Sir* Prarog. c. 4. Sec the Statute of the Prarog. Anno Phylype la Vachc firfi 17 E. 4. Mag. Chart, cap. 7. and 31 H. 8. cap. 46. Knyht my Maffe-Boke and my Portooi and my Bokt Sec F. N. B. /. 16%. of Tribulation to my Dongbier bit Wif. ftHlOOUiljunci, (Viduitas,) The. State and Condi-

dition

of a. Widow.

Sciant quod ego Margeria

in

fui uxor R. Smith de Birchore (Com. Hercf.) duitatc fiP in legitima potefiate mea, remifi, relaxavi, Qfc, Bat. apud Birchore die Bominica in Fiji. Nativitatis Johannis Baptifi*,
*

Anno

una Et quicquid rcfiduum fuerit omnium 8c finguloVirum bonorum catallorum fupcriut feu infcrius non legatorum, do integrc lego PhilipThorn* po la Vache,. Johanni Chcynce

&

&

&

9 H. 4.

Clanvow

militibus

libere

ubi

After Marriage, all the Will of QUlff , Ur the Wife, in Judgment of the Law, is fubjeft to the Will of the Husband, and it is commonly Probatum, &c. 5 Bit. Anno 1404. Feme Covert bath no Will, fed fmlget radiii faid, Co. 4. Rep. Forfe and Hembling's Cafe. tnariti. COTitltheff, A Kind of Engine to draw Barges up See Perkins, fol. 2, 3, 4 Plowd. Comment. 344. the Water againft the Stream. Anno J*c. c*. Bret and Rigdon's Cafe. BoHor and Student, fo. 1 3. and 4 H. 6. 31. \Oin, In the Beginning or End of the Names of Places, fignifies that feme iDJhe. See Wyhe. great Battel was Sec Wethade. fought, or Victory gained there. From the Sax GfllilfijaDe. Bligrebf, A Saxon Word, derived from Wig, Win, i. e. Pralium. or Wic, which fignifies Sylvam, and Grevc prapofidlmbojne. See Vmdogladia. of a Wood, acSec Vm'dalis. LUlllCljCllfa. tus, and denotes the Overfeer Sec Vent* Btlgarum. laiindjffttr. cording to Spelman : But Wia in Saxon more truly and fo it may more properly intend ElltnDafjr, SUanDflft, and Qlanlaft, corruptly fignifies Via, Windlafs, (Windafum,) is a Term in Hunting, (as, an Overfeer of the Highways. or I 8 ** KHiB, Tefiamentum, ultima volun- to drive the Windajs,) fignifying the Chafing a JJU.10, two Sorts, A WiU in Writing, called alfo Deer to a Stand, where one is ready with a Bow tas, Is of a Tefiament ; anda Will by Word of Mouth only, or Gun to moot. Et omnes illi qui tenuerwnt in Boncalled a Nuncupative Will, which being proved per dagii tenura folebant vocari Cufiumarii ; Qf quotiefcunbe of as good Force as that in Wri- que dominus ad venandum venerit, illi Cufiumarii file Teftes, may for Lands, which are not devi- bant fugart Windaflum ad ting, except only fiabulum in fugatione in Writing made in the fee arum fable, but by a Tefiament befiiarum, fecundum quant it atem tenura fuze, Life of the Teftator. See Touchfione of Wills, pa. &>c. MS. de Coniuctud. Mancrii dc Sutton Col-

poffideudum,

a.

See Tefiament.

field,

Anno

Ed.

2.

CC'inkmua.

Ex

ftrar.

Codice MS. nuneupato March, penes Regi- cbit 8t> Planis. Curix Prxrog. Domini Archiepif. Cantu- Qusere.

Et dedi in Mat Winkingas in BofMon. Angl. 1 Par. fol. $yi. b.

Ut EccUfi* Croyland fit tut* ab omqut ms dicimus Winterden, &f*c.

ar.

Qu.

Winter i>cn

yet ofonr

Lord Jefu Chrift a thoufand four hundred and four, I Lowys Clyfforth (Hcwasmade Knight of the Garter, by King Richard the Second,) fait and Traytor to my Lord God, and to alle the bleffed and unwortbi to be clepyd a Crifien company of Hevene, man, make and ordeyn my Tefiament, and my lafi
Wille in
this

IN

nomine Patris & Filii & Spiritus Sanfti, Charta Ethelwolfi Regis, Anno 855. Amen. The Sevententb Bay of September, the A Herald. See Herald.
DUinDftyf,

nibus taxationibus,

nr>:riter;ljCPn;na. Is that Seafon comprehended between the Eleventh Day of November, and the Three and Twentieth of April, which Time by the Aft made 20 C*r. 2. cap. 3. is excepted from the Liberty of commoning in the Forefi of

effiifepelfhPf, Vale Royal, pag. 113. Perhaps miI mofi unworthi and Goddys trafee. wrechid and fynfule Sowle hooly ftaken for Weregehbef, which tour, recommauni my n&iQa Quatuor virgatis conftat. MS. Abbato the grace, and. to the mercy of the blefiful Trynytie ; It was a Meafurc of Land among thix de Bello. and my wrechid careyne to be beryed in the fertheft corAnd was as much as made half a wrechid Soule our Saxonsner of the Cbircbeyeard, in -which parifbe my Hide of Land, the Hide being accounted 1 10 Aeth fro my Body. depart OSo virg*and charge my Survivors and my Execu- crcs, viz.. Menafiicen. I Tom. p. 133. And J pray

manere.

Bean.

At

the begynnynge,

tors

t ttnam hidam faciunt, Wifta vero quatuor virgatis anfwere to fore God, as all myne muft be Sixty Acres ; matere is in them, that on my fiink- conftat, which in this Place hoole trefi the Number was uncertain according to the clothe of Gold ne of felke, but but be neytber leyd ing careyne Place; for in an old Chronicle of the Monaftcry a blake clothe, and a Taper at myne bed, and another at of Battle, we read, Inptrlea eft una Wifta in domine fione ne other things, whereby eny man may my fete, Du Frefne. to that nie, ifta enim 48 Acris confiat. witte where my (linking careyne liggetb. And IBitam : Secundum witam jurare is to purge Ch'irche do myne Executors all thingis which owen duly of fo many Witnefles as the in fitch caas to be don, without eny more ccfl faaf to pore himfelf by the Oaths and the Forfeiture inmen. Quality of the Offence, I pray my Survivors and myne Executors curred, require: Jurat fecundum Witam quid nee And alfo in to, &c. Leg. Inx, that eny dette that eny man kan are me by true title, that fuerit furti confius, nee coadjutor that I have c. From hence there were feveral compound man kan And be

as they tvollen
in this

hit

paid.

ij

eny

trewly fey

63.

Words,

WI
2Uira plena
I

wo

Words, as Blodwita, Ftntwita, Legerviita, Fertkvita, fie fif omnes Foreflarii mei jurabant inucem, qui faHi Chttwita, Wardwita, Heing<wita, Flitiuita, Leirv/ita fuerint Foreftarii, quod neminem nocebant occajicne ill'iu Carta Joh. de Viponc in caftcllo de &V. which fee in their Places. teftimonii, &>c.
Fifty Shillings. Appelby, Dat. 6. Joh. Reg. Is an Herb like Plantain, C0i090, Glaftum, 40. Si pundbreche fiat in Curia Recap. in many Places in England', gis plena wita fit, alibi quince mates, i.e. ia s. &P growing formerly
Leg. H-

Was a Forfeiture of

brought from Tholoufe in France, and from Spain, much ufed, and very ncceffary for the dying of Immunis a MulBis. erittfrtf, (Sax.) Wite, A Saxon Word fignifying Puniflimcnt, a blue Colour. Anno 7 H. 8. cap. a. We call it Pain, Penalty, Fine, or Mul& Hence Wife or Woad, from the Italian Guedo. Be foffts, forgiis &> Woderedc reJEUODercOf of Privilege granted to Witfree, one of the Terms Lib. niger Hercf. fol. 82. our Port/men, denoting a Freedom or Immunity fpondent. from Fines or Amerciaments, and not (as they SftlOlD, (Sax. Lat. Walda) A Plain, a Down, an and void of Wood ; vulgarly accept) from being liable to be begged open Champion Ground, hilly for Fools, for lack of Wit or Underftanding, as Stow in the Wolds, and Cotfwold in Gloncejlerftwe. This is fomctimes mifunderftandingly confounded Saxon DiB. See Wyte Gloff in 10 Script.

d.

&

JIZ>onp;, A Saxon Word, written otherwife Wange, and fignifying a Field ; Tres acras terra jacentes in i. in campis opihor feminalibus, magis let, wongs, to advife and aflift the King. quam pafcuis, faith Spelman. So in an anticnt ectitrroen, alias iitereDen,and Sttinteruen, was Charter of GarraJon Abbey in Leicefterjhire, Dat. 14 a Kind of Taxation among the Weft-Saxons, im- E. 3. There is Mention of the Wicketwong, which is a large Piece of inclofed Ground lying before pofed by the publick Council of the Kingdom For Wife and Witan fignify Majores Regni and R<e- the Abby-Gate. See Wang. }noD<COjti, Some Quantity of Oatcs or other dan, Concilium. See Charta Ethelvulphi Regis Catholica Malmf. de Geft. R. lib. 1. pag. 41. Manfio (fc. Grain, paid by cuftomary Tenants to the Lord, apud quxvis Ecclefias aflignata) fit tttta &> libera ab om- for Liberty to pick up dead or broken Wood. In

JHlitena*gemct (Saxon) Cona great Convention It was ventus fapientum. among the Saxons, anfwerable to our Parliament. WLiteg, Witen, The Title among our Saxon Anceftors for their Chief Lords or Thanes, their wife and their Noble Men. And the Wittena Gemotes were the Councils or Affemblies of the great

Jitenamot and

with Weald.

That certain Engines, called lonticrcfjonp. Wonderchones, ufed in Havens and Creeks for the
Dcftrution of Fifh,
the

may be

forbidden.

Petition of

Commons

in Rot. Pari. 51

Edw.

3.

Mm

nibus fecularibus fervitiis, necnon regalibus tributis villa de Thorp ha funt confuetttdines quielibet InteDat ad Natale unum panem, terra majoribus ft" minor/bus five taxationibus, qu& nos dici- gra virgata

mus Witereden.
{fttitljercila,

&

For

Petri, MS. fol. 142. Ivefye eft una Dat Nemo de cafione nemoris inoperti jure cogitur refpondere hida terra Qp dimidia qualibet virgata "Domino fuo, vel captus in eo, ad Natale ii gallinas Qp panem QP -vi efcheppas avena per Withercilam, nifi ad Woodecorn pro mortuo bofco. Ibid. fol. 143. &>c.

Withertyhla,
:

i.

e.

unam fummam
3
diebus.
S.

de avena,

foil.

Woodecorn Qp
five Cartular.

Recrimi1.

operatur

Swafham,

nating, or adverfa accufatio

In Leg. H.

cap. 23. Burgi

See Noviomagus. flfttOOuCOte. Hitfjernam, Vetitum Namium, May be comSeems to be the ga ?ElOOD=gelP, Woodgeldum, Nam, pounded of the Saxon Wyther, altera, as the taking thering or cutting of Wood within the Foreft, or captio, and is a forbidden taking, or driving a Diftrefs to a Hold, or out of the Money paid for the fame to the Forcfters and this by the King's Grant is County, fo that the Sheriff cannot upon the Re the Immunity from Lift, plevin make Deliverance thereof to the Party by Crompton called Woodgeld, fol. 157. Co. on diftrained. In which Cafe the Writ of Withernam, fol. 233. fays, it fignifies to be free from Payment or de Vetito Namio, is direfled to the Sheriff, for of Money, for taking Wood in any Foreft. De quolibet bofci fummagio fuper the Taking as many of his Beads that did thus ^HlOOOIlfP, or as much Goods of his lfin pontem (/. e. Exbridge) deportato unus tr uncus folunlawfully diftrain, into his keeping, till he hath made Deliverance vitur ad pontis reparationem, qua confuetudo vocatur of the firft Diftrcfs Alfo if the Bcafts be in a Woodhey. Antiquities of Exeter, pag. Fortlct or Caftle, the Sheriff may take with him 45the Pojfe Comitatus, and beat down the Caftle, as CHlooOmen Are thofe in the Foreft that have appears by the Statute of Wefim. 1. cap 20. and Charge efpecially to look to the King's Wood.

&

ver, QPc qua confuetudines fieri folent in curia de AdeRegiftr. Ecclef. fham. Dat. MenH Febr. 1242. Chrifti Cant. MS. JUlooDniofe Is tne old Name of that Court of the Foreft, which is now, fince the Statute of Charta de Forefta, called the Court of Attachments, veria. An Apoftatc, a perfi- and by that Statute is held every Forty Days, M'ptllCrfi ftp, KMrljerfafee, but was wont fo be held at the Will of the Chief dious Renegado. Leg. Canuti Reg. cap. 27. Inde venient ad fupradiffos Officers of the Foreft, without any certain Time. OTitnefman, dominos pradiBarum viUarum petent ab eis Witnef- See Manviood's, Foreft Law, cap. 22. fol. 207. man, Qp ipfi Zomini facient Foreftarios Witncfman, 5?oo0plea<

Withernam according to BraBon, and in Weftm. 2. cap. 2. teems to fignify an unlawful Diftrefi made by him that has no Right to diftrain. Anno 13 . 1. See the New Book of Entries, hoc verb, and cap. 2. fee Fttz. Nat. Brev. fol. 73. Reg. Orig. fol. 82, S3. Reg. Judic. fol. 29: and Smith de Republ. Anglor. cap This Withernam, (faith he) is in Hutch, and 10. likewife in Saxon Withernempt, that is, altemum and fignifies all one with Reprifalia, accipere, See Skene de verbor. fignif. verb. AReprifals.
Brit ton, cap.
3.

27.

lib.

trail. 2. cap. 37.

Cromp. fur. fol. 146. J^OOuIODP, Rogerus Prior QP Capitulum os Ecclefia Chrifti Cantuar. quiet clamant Magiftrum Qp Fratres Hofpital. S. Maria de Ofpreng Qp eorum Succejfores

de confuetudinibus fubferiptis, videlicet, de arura,

Hatewite, Ripfilver, Wodelode, Heylode, Averfil-

&

wo
CHootiplfasSOurt
in the Forcft

WR
,

//** pro cibe Prioris qu. rend Is a Court held Twice in the IDojoerinOf,of Clun in Com. Salop, for de- c pro fervitio, quod dicitur Wordcrindc pro pomit termining all Matters of Wood and Agiftment frangendis 11 den. &c. Somucr of Gavelkind, pag. was anticntly the fame with 120. there, and perhaps Woodmote-Court. IDo;iUfCfD, Semen Sanclonicum, Is a medicinal BDooOtoMfP, Woodwardus, Is an Officer of the Seed, produced by that Plant which wc call II ly Forcft, whofe Funflion you may underftand by wormwood, whereof you may read in Gerard'* Herhis Oath fct down in Crimp. Jur. fol. 201, bal, lib. 1. cap. 435. This is a Drug to be garbled,
Year

&

YOU
be

fhall truly

execute the Office of

Woodward

Anno 1 Jac. cap. IOo^mtak.

9.

Item

eft

ibidem

(fcil.

apud Orlc

[0 long as ton) de Wormetak vi Sol. viii den. fohend. annuathere ; you pall not con- tint ad Frftum S. Martini. Inquif. apud Hcref. 22 you pall be Woodward ceal Offence either in Vert or Venifon , that fhali Rich. 2.

of B. Woods within the Forefl of

W.

any

dne within your Charge, but you the fame, without any Favour, Jball truly frefent Affedion or Reward. And if you fee or know any
committed or

3Uu?rli, i. e. A Curtilage or Country-Farm. Mat. Weflm. 870. In Villa Regia qua lingua Anglorum BeorJfricbfwort, Latino wro Beodrici curtis five

or find any Deer killed or hurt, you habitatio nominatur. Wortbine of Land, a certain Uo;tl)iriu#, forthwith do the Verdorer to under/land thereof, fhalt and you pall prefent the fame at the next Court of Quantity or Dimenfion of Ground fo called in

MalefaQors,

Attach- the Manor of Kinjland Com. Hereford. It is from hence poffibly, that in fome Manors certain Tenants arc called Worthies. 18 Edw. 3. inter confueWoodwards not walk with Bow and Shafts, tud. Manerii de Haddenham Com. Buck, from the may whence but with Forcft Bills. Manwood, part 1. pag. 189. Sax. Weorth, a Country Houfc or Farm calamos geftare in Forefta non licet, fed (ut the Termination of Worth in fo many of our Arcum Hachcttum tantummodo. Sic Country Villages. In villa Regia qua lingua refcripti utar verbo) Term. Hill. Anno 13 E. 3. Ebor. Rot. 106. Anglcrum vacatur Beodnihefwortb, Latine vtro Beordici Mat. Weftm. fub anAnno 2 ZmiOOUO^itoerB, 3 P. &>M. cap. 13. curtis five habitatio nominatur. Are fuch as buy Wool abroad in the Country no 870. of the Shcep-Mafters, and carry it on Horfcback Cflirangtanbfl Seem to be milgrown Trees, that to the Clothiers, or to Market-Towns to fell will never prove Timber. Kiubin, fol. 169. 4.
the
Foreft,

be it
help

Swainmote,

or Court of

ments.

.So

you God.

&

&

again.
(HlOnlferllffOD, Caput Lupinum, Is the Condition of fuch as were out-lawcd in the Saxons Time,

quafi

Wronglands,
in.

that

wrong the Ground they

grow

for not fubmitting themfelvcs to Jufticc

is (ftlrerk, Wreccum maris, Is, where a Ship For if pcrifhed on the Sea, and no Man efcapes alive they could be taken alive, they mould have out of it The Civilians call it Naufragium. This been brought to the King, and if, upon fear of Wreck being made, the Goods that were in the Apprehcnnon, they defended themfelvcs, they Ship being brought to Land by the Waves, bemight be killed, and their Heads brought to the long to the King by his Prerogative, or fuch King ; for they carried a Wolf's Head, that is to other Pcrfons to whom the King hath granted fay, their Head was no more to be accounted of Wreck. But if a Man or a Dog, or a Cat efcapc than a Wolf's Head, being a Beaft fo hurtful to alive, lb that the Party to whom the Goods beMan. So the Laws of King Edward, by Lam- long.comc within a Year and a Day, and prove the bard, fol. 127. num. 7. and Bratt- lib. 3. trad. 2. Goods to be his, he ihall have them again by the This is mif-writtcn Wulvepeved, by Provifion of the Statute of Weftm. 1. cap. 4. and cap. 11.
: :

Roger Hoveden, part,

UDOOlfeffjerCO.

pcfter.

fuor.

Annal.

fol.

343.

17E2.
cap.
J.

cap. 11. Co. vol. 6. fol. 106.

7.

BraSon,

lib. 1.

This in the Grand Cuftumary of aUOOlliaplf, Anno 51 H. 3. flat. 5. That City Normandy, cap. 17. is called Varech, and latincd writor Town where Wool was fold. Sec Staple. verifcum, and in fome antient Charters it is OOltaltlDBIS, Are fuch as wind up every ten Seupwerpe, quafi Sea up-werpe, that is, ejeclus Fleece of Wool, that is to be packed and fold maris, from Up-werpen, eji.ere. By which, and Weight, into a Kind of Bundle, after it is other Antiquities, it appears, that Wreck did not by cleanfed in fuch Manner as it ought to be by only comprehend Goods that came from a perilStatute, and to avoid fuch Deceit as the Owners ing Ship, but whatever clle the Sea did caft up were wont to ufe by thrufting in Locks of rcfufe upon the Land, were it precious Stones, Fifties, Wool, 'and other Drofs, to gain Weight. They or the like, as by the Stature made 1 7 E. 2. cap. arc fworn to perform that Office truly between II. called Statutum Prerogative Regis, appears in the Owner and the Merchant. See the Stat. thefc Words, Item Rex habebit wreccum maris, per 8 Hen. 6 cap. 22. 23 Hen. 8. cap. 17. and 18 Eliz, totum Regn. Balenas, Sturgiones captas in mari
See Wulvepeved.

num.

&

vel alibi infra regnum, txceptis quibufdam lodi irivile-

ttlOKfffcr, The Chief City of the County of giatis per Regem. that Name: It is called Brunonium in Antonine's 26. it is called
Itinerary.

In the Statute of 27 H.

S.

cap.
fol.

Wreck de mer.

See

Lift.

Branogenium

by Ftolomy, Caer-Wrangon 167.

or exempt from the Britons, and Wire-ceafler, Cfllrtckfrj', Wreckfrec, by the SaxMr. Cambden tells us, from Wire, nemorofo Forfeiture of fhipwrecked Goods and Veflcls to but this muft be a Miftakc, for the King. King Edw. I. by Charter granted fitltu arfjun&o; that Wood is almoft Twelve Miles diftant from this Immunity to the Barons of the Cinque Ports this City the true Original is Wicwareceafter, i. e. Wyttefry &> LeftageQuod fint Wreckfry Strond apud who were a People fo called, fry fir Lonetopfry Of quod habeant den Civitas Wicciorum,

by

the

ons.

&

&

Placit. temp. Ed. 1. &. Ed. 2. and it was firft called, Wi- Gernemuth. one Jofe~b of Excefter, in fome Verfcs MS. 4to. penes Dom. Fountains ex JEdc Chrifti .gornia, by which he wrote on Baldwin Archbifhop of Canter- Oxon.

living in thofe Parts;

bury

IP;cfcMus

wu
<EHrefeBlu0.-

X E
affifo

Berges reddit in gabulo

EMlDijertec

and JftubheUi.

funt

WXum. Cbarta I Rich. l.Civibus Ebor. Quaere. flagellare Sunt Cartular. Abbat. Clafton. MS. fol. 39- b. WiVke, (Wyka) A tarm or little Village. ibi duo Wrefedli qui debent idem fervitium facere quad Et totam Wykani cum hominibus, &c. Mon. Angl. 2 Par. fol. Car cefty q'prifi Leafe pur anz dun Cotarii. ib. 154.. Farme en le r.orthpais appelle ceo Tacke, en LancaiU>'lT, Breve, Is the King's Precept, whereby en Effex, Wyke. Plowany Thing is commanded to be done touching a fiiire il eft apelle Fermeholt, Suit or Aftion; as the Defendant or Tenant to be den, fol. 169. b. Et KHpfemuu, A Wicket, or lirtlc Door fummoned, a Diftrcfs to be taken, a Difleifin to be redrciTed, &=c. And thefe Writs are diverfly cum veniffet ad portam Ecclefia pr<edi&<e, per quam dividC*-in divers Refpe&s ; fome in refpeft of competeret ipfum tranfire ad Ecclefiam, invenit tarn their Order, or Manner of granting, are termed claufam, Ha quod non patuit ingreffus ad eandem nifi Will. Thorn, fub Original Writs are \per unum parvum wykettum. Original, and fomc Judicial. for the Summoning of anno 1332. tlioie that are fent out the Defendant in a perfonal, or the Tenant in a 2flj>llfCU, Leg. In*, cap. 70. Duodecim mamreal A&ion, before the Suit begins, or rather to bra cervifig, Wylifcse, i. e. Strong Beer, ^oBlintres, Thofe arc Judicial, which are i. e. Small Beer, as in Spelman Tttulo Blintres. begin the Suit Mffte or J&\(t, Wyta vel wita, In Latin MulBa. fent out by Order of the Court where the Caufe Occafion after the Suit begun. Saxones duo mulBarum genera ftatuere, weram & wy depends, upon Old Nat. Brev. fol. 51, &> 147. And the Judicial tam.Wera mortis reos gravijjime peccant es liberabat. levioribus are known from the Original thus, becaufe the Wyta mediis deliBisftatutafuit, non certa Telle of that bears the Name of the Chief Ju- fed pro qualitate commifft, alias gravior, alias levior ;fal ftice of that Court whence it iflues, whereas the vo tamen femper contenemento delinquents {ut lex loquitur in Mag. Chart, the Tefte has the Name of the Prince cap. 14.) hoc efi, sftimatiom ejus, Original in Ex his placitis and according to the Nature of the Action, they Anglke his Countenance. are either Perfonal or Real : Real arc either touch- quttdam emendantur centum folidis, quddam wera, called Writs of Entry, or the Pro- quadam wyta, quadam emendari non poffunt. Leg. ing the Poffeffion called Writs of Right. Of the Antiquity of Hen. 1. cap. 13. Emendet juxta ordinis dignitatem, perty the Writ of Right, thus in a Charter of King five per redemptionem, i. were ; per fori sfall uram, I

Wrefedly, quorum quilibet debet imam fummam frumenti ad femen in hieme.

ibi tres

cc:ulbtfl;ebp0.

See Pudbepec See Woolferhefod.

&

&

&

&

Atbeljian's,

Beverly,

of Privileges granted to Anno 925.

if

St.

John

oj

wytc

per legis tranfgreffionem,

i.

Lafhlite.
tit.

MS. de
Vitellius,

Leg. Canuti in Biblioth. Cotton, fub 9.

CCHpfhe,

$,

clianeiigcs I0118 iu ffrif, iOj. JtUit mj> boDlaib to?tt of flight, || U)iH Smtnt Johji Ijatoe ti}e truant.

mm

man

"be

calD of

limes 01

lif,

The fame

as

Waif.
in bofcis noftris allqua

?EUpttefrj>.

lJ>beof,
fucciderimus,

See Wreckfry. Cum autem

licebit
eis

Some Writs arc at the Suit of the Party, fomc of Office, fome Ordinary, fome of Privilege. A

fine aliquo ferramento vel aliquo uftiliofuccibili intrare, Qp ramalia que de wyvedc remanferint, qua Anglic e Spren dicuntur,colligere.' Conventio inter Priorem &= Monachos Ecclefia Chrifti

Writ of Privilege is that which a privileged Perfon Cant. &> homines fuos de Chartham Court for his Exemption, by Rea- Regift. Eccl. Chrifti Cant. brings to the fon of fomc Privilege. See Prccedendo, and New Book of Entries, verbo Privilege. See Brief. The Word is derived from the Saxon Writan,fcribere; and Skinner tells us it is worth Obfcrvation, that we alone of all the German Race, do ftill retain this

faBa anno

66.

Word,

for they call

it

fchreiben,

from the Latin

"KTWntUe, For
Xanta Dti Lex

SanBus.

/ riho.

WHrit Of miTiffance Iflues out of the ExchePerfon to take a Conquer, to authorifc any ftablc, or other publick Officer to feizc Goods or

eft

qua mortuos vivere

doret.

Merchandize

prohibited
c. 1.

Stat. 14. Car. 2.

and uncuftomed, There is alfo a Writ of

to

&Pc.

lenia, Dicuntur Munufcula qua a Provincialibus reBoribus Provinciarum offerebantur. Vox efi in Privithis legiorum Chartis non infueta,ubi quietus eUea Xeniis

give a Pof- immunes notat ah hujufmodi muneribus aliifque donis Regi vel Regina praftandis, quando ipfi per pradia Priglint Of IRebfUion. Sec Commiffion of Rebel- vilegiatorum tranfierint, ut in Chart, domus Semlion. phngham. Principibus enim olim fuit in more, a fubWriter Of the CdllicS, Scriptor Talliarum, Is an ditis vel invitis munera extorquere. ltaq\ ab hoc jugo Officer in the Exchequer, being Clerk to the Au- liberos fecit Ecclefiafticos JEthelbaldus Rex Merciorum ditor of the Receit, who writes upon the Tallies Anno 747. ut ab exemplari Charts fax turn apud the whole Letters of Tellers Bills. Ingulphum Sax. turn Will. Malmsb. lib. de Geft. Wllt$ JBlCOttntic! Are fuch Writs as are triable Reg. Angl. p. 29. 1. 4. his verbis habetur. ConOld Nat. Brev. cedo ut omnia Monafteria in the County or Sheriff's Court. Ecclefit Regni
ifluing out

Name

of the Chancery

feflion.

&

fol.

109.

See

Vtcountiels.

licis

veHigalibus,

!^oncr, Injuria, Is in French aptly called Tort, Nee munufcula becaufe Wrong is wrefted or crooked, being con- luntaria. Spclm. So in Memorand. Scacc. de anis right and (trait. Co. on Lit. no 20 E. 3. Trin. Rot 3. Nulla autem perfona, p.irtrary to that which
lib. 2. cap.
1.

oneribus abfolvantur. . ,prabeant Regi vel principibus nifi vor

operibus

meiapub-

6P

lB(W'Cetter
2UUDel)Ptl) ?
cap.

in Shropfhire.
i. e.

See Virecinum.
I. e.

$j.

It

is

Felling a Wood. In Leg. H. derived from the Sax. Wuie, i.

Radinsenfis Monon equitathnem five expeditionem, non fummagia, non veBigalia, non navigiat non opera, non tributa, non Xenia, Qr-c.
vel
terra
nafterii exigat

va

magna, ab hominibus

&

Sylva.

Jeno

YE
% fnoD<VtHUHl Interpretatur bofpitium, An Inn by publick Licence allowed, for the Entertainment of Strangers, and other Gucfts. It may alfo be In qua valetudinarii Qf interpreted an Hofpital fc> aluntur. Sec Vofents, id
,

YI
bruifed or wounded: Of Protections, Efloins in refpect of the King's Service ; of a Wreck, and divers other Cafes. Co. Vol. 6. /#/. 107. And that touching the Death of a Man, fecmcth an Imitation of the Civil Law. Ham fi
mtrtifer* futrlt

efi,

cab.

ulriyjifi

infirmi, recipiuntur juris, verb, lodem.

Y.

knrum intervaUum mortums annum numerabimur, Secundum Julian um fit, 1. ait lex ad legem Aquil. jBrar, TDat>, and 8U ,Or , Armses, Dies Sf Vafium, a Pan of the King's Prerogative, Is whereby he challcngcth the Profits of their Lands and Tenevulneratut fc> pofiia poft
inde

or whoever is Petty Trcafon Felony, omnibus Querelis 8* Curiis, licet tangen Freedmortcl, Lord of the Manor whereto the Lands or Teneand not only fo, but in the End gfr. Chart* Athelftani Regis. Mon. Ang. Tom. I. ments belong pag. i 7 3. a. may nafi* the Tenements, deftroy the Houfcs, Three root up tne Woods, Gardens, Pafturc, and Part), Virga, Is a well known Meafurc, plough Foot in Length, which (Sir Richard Baktr in his up the Meadows, except the Lord of tbe Fee aCbrmick, fays ) Henry the Firft ordained by tho grec with him for Redemption of fuch Wafit, afterwards reftoring it to fhs. Lord of the Fee; Length of hi* own Arm. See Virga ftrrea. a Quantity of whereof JBarDlailP, Virgata Terra, Is you may read at large in Staundf. Prarog. Land, various according to the Place ; as at cap. 16. fol. 44. WimbUtu* in Smry it is but Fifteen Acres, in J&rman, or Jfccm.in, or jPornan, A Derivative other Counties Twenty ; in fome Twenty-four, of the Saxon Geman, i. Communis. Thcfe Combin fome Thirty, and in others Forty Acres Vir- dm in his Brit. tag. 105. placcth next in order to coniinet 24 Acras , e> 4 Virgam amfii- Gentlemen, calling them Ingtnuos, whofe Opinigata terrx tuunt unam Hydam, &> quinun* Hyda confiituunt on the Stature affirms, Anno 6 Ri<b. 2. cap. 4. and
fint
crcdendi
, :

YU

ft

ifJsPi

ptrfuum Ya fr p*r /mum Nay

Qi'cd hcmivei fui (Ripptnienfes) ments for a Year and a Day, that
in

arc

attainted

of

feodum

MS. Abbatta Malmsb. This to R. x. cap. 1. Sir Thomas Smith in hts RcpuU BraBen, UK 1. cap. l, fif7- "Us Vh- Anglotum, lib. 1. c. 23. calls him a Ttoman, whom it our Law calls which ((ays he) ttrt*, but expreflcs no Certainty what gatam. legalem hominem, contains. It is called a Verge of Land, Amto a 8 is in the Ettgltjh a free-born Man, that may ditSec StUen's Tiltts of Ho- pend of his own Free Land in yearly Revenue to fi. I. SUiuie of Wards. the Sum of Forty Shillings Sterling. in nour, f*l 6*. Verfitgan See Garknus fu~ his jBarf, A River in Norfolk. Rcfiitutiou of decayed Intelligence, cap. 10. Writes, v'xus. That Gtmev among the antient feutonicks, and Gemein among tho modern, fignifies as much as JBarmourl). See Gariawnum. JBburpananfira, ' The dealing a Calf or Common, and the Letter G. being turned into 1*. Ram, or as much as a Man can carry on his is written Yemen y which therefore fignifies a ComBack. Sktn* could not toll the Original of the moner. Yeoman alfo fignifies an Officer in the Word, but Sfelman fays it is compounded of the King's Houfc, in the middle Place between the Letter y, for you, and Byrym, which Signifies a Serjeant and the Groom, as Yeoman of the Chandry, Burthen, and faca a Sack, i. e. a Burthen in a Yeoman of the Scullery. 33 If 8. cat. ia. Yeoman Sack. of the Crown, 3 E 4. 5. The Word Youngmen is Jprnnomuflf, Oecommus ; an Advocate, Denfcn- ufed for Yeomen, in the Statute 33 H. 8. cap. 10. In EccUJia ilia Rex ifia vice and I have feen it written Jeman in old Deeds. derj or Patron. Vit. Abbat. S. See femen. agens Yconomi e> Cufiodis fpecialis. WinAlbani. JBctrte Is an antient Corruption of Hieme, Reddend. JBfrtr. Beda de ratione temporum, tells us, That ter, as I have feen in an old Deed. Ad Feftum S. Martini in Yeme, &V. And in our Anceftors computed their Months according Reddend. quando to the Courfe of the Moon ; and that they began another of 4 Edw. 3. thus, the Year at Chrijlmas : This appears by the anti- diH. quatuor acrd terra feminantur femine Ycmali, ent Grants and Charters mentioned in the Mona- duodecim Buffet, boni &P legalis frumenti ad Fcjlum 1 Tom. 62. viz- AS a apud Wefimonafierium, turificationis, 8ft'. fiicon, &Pc. Kalendas jfanuarii die [an&orum Innocent. Anno JBebftl or JBeOum (as we ufc at the End of Dominic* incarnationis MLXVI. which Method of Indentures and other Inftruments, Yeoven, tbe Day Computation was obferved here to the Time of and Year firfi above written) is derived from the William the Conqueror, and for the grcateft Part Saxon Ceorian, i. e. Dare, and is the fame with of his Reign, as may be fecn in the Monajlic. Given. So Ditlum de Kenelwortb concludes with Yeoven, and Proclaimed in tbe C afile of I Tom. pag. 43, 53. but afterwards the Year of our Lord was feldom mentioned in any Grants, Kcnelworth the Day before tbe Calends of Nov. Anno liut only the Tear of the Reign of the King. See 1256. !8fto Is derived by Minfbeu, from the Greek Curriculus. Is a Time that Word }ti, which fignifies to hurt, probably, JSeaV ait! TDnV. Annus &> Dies, determines a Right in many Cafes ; and in fome becaufe before the Invention of Guns, our Anceworks an Ufucaption, in others a Prefcription ; ftors made Bows with this Wood, with which they as in Cafe of an Eftray, if the Owner (Procla- hurt their Enemies, and therefore they took Care mations being made) challenge it not within that to plant the Trees in the Church-yards, where So is the Tear and Day given they might be often feen and prelerved by the Time, it is forfeit in Cafe of Appeal, in Cafe of Dcfcent after En- People. &P fohtndo) Is a of no Claim upon a Fine or Writ JBielDillg and Raping ([Reddendo try or Claim at the Common Law ; fo of a Villain Corruption from the Sax. Geldan. and Gildan, Sol of Right Of a Man fore vtre, prafiare. And in Domefday, Gildan is frequent remaining in anticnt Dcmefnc n n 2 _ ly
milttare.

Yardland,

YU
'y ufed for Solvere, redden often miftaken into Y.
;

zu
the Saxon G, being
j

pingman,

Leg.
',

H.

i.

cap. 15.

Danagildum
,

quod aliquardo yingeman dabatur, i. 1 i. de unaquaad term'mum non reddatur, fi que hida fer annum wita emendetut. Spelman thinks this may be miaihulutn, (Latin Sabulum) Grofs Sand or Gravel. Quinque Plaufiratas Zabuli,fo:- Hvc ftaken for Inglifbman, or as we fay now Englifbman, though he finds it written yingeman both in Wain-loads of Sand. Computus temp. Hen. 6
Sir iioiert Cotton's Codex
I'lT)
. F.

f> jj

/""1

_ 4 and
..

his

LJ.. .*.%

own
i.

JHpIitytnieta Signifies

in

Latin Altitonans,

e.

God.
Die rogo, die lachrymis pietatis claufula, Jefu, Parce tut famuh, Ypfivremeta pie.

.7. Tf .it, r w. It is mentioned in feof our Hiftorians, viz., Gildas in Excidio Britannia, Edgar in Leg. Monacborum Hydtnfium, c. 4. ZaCOWe, For Diacones. 2ala, i.e. Incendium: It is probable from hence

'Jc

>

l-ii

1 1 1

>

52abultl0,

*" e.

Diabolus:

T\

'

*. L.

1 ,-. .

veral

we

derive the Englijh

Word
:

Zeal.

It is mentioned in the ZatOuj), *. e. Sattin I 7 7. JBffciUtf. Anketel, in the Reign of King Ethel- Monafi. 5 Tom. pag. Zealot, Zelotes, Is for the moft Part taken in red, gave to the Abbot and Monks of Ramfey the Land of Uicbtling, to receive from it this annual pejorem fenfum. and fo we Term one that is a Sum or Kent in Provifions ad feftum S. Be- Separatifi or Scbifmatick from the Church of Engwhich are well nediSi quod ejl in aflat e 10 mittas de brafeo 5 de land, a Zealot, or a Fanatick ; mittas farina tritice*, P 8 pernos, Op 1 6 known Terms of Separation. grata, 5 in capite autem "Ztiti, A Dining-Room, Hall, or Parlour. cafeos, 8P a vaccas pingues Hiftor. Elpbegus cum Zetam veluti pranfurus intraret, tarn va8 fratribus yficios annuatim quadragefim* Rained iet. 144. By yficios underftand, what in cuus fere a mevfa furrexit, quam vacuus ad menfam Old Englijh they call Yfinges, a Sort of pick- accefiit. Osborn. vita S. Elphcgi apud Whartoni

&

&

led Salmon.

Angl. Sacr. P.

a.

p. ia;.

French Hyvernee, Zomata For Somata. that is, the Winter-Seafon) was antiently ufed Zuttyt, Zuchcus, Sths ficcus & aridus, A wiStock of Wood, Rex,&. Quia for the Winter Secdnefs, or Seafon for Towing of thered or dry Corn ; DiBus vera WiUielmus baredes fui arabunt atcepimus per Inquijitionem quod non eft ad dampnum unum felionem ad yvernagium, & unum felhnem ad feu pnejudicium nofirum ant aliorum, fi concedimus diunum felionem ad wareBum, leBo valeBo noflro Ric. de Stelley omr.es Zuches aridos, femen Quadragefimale, Cliarta Richardi de Harecourt penes The qui Avglice vocantur ftovenes, infra Haiam nofiram de &>c.

P&crnacium,

(From the

&

&

Wallafcot Arm. fine Dat. Beskewood, qua infra forefiam nofiram de Sbireivood, JButP, Deep in the North Parts of England, the Sr>c. Pla. Foreft. in Com. Nott. de Anno 8 H. 3. Auxilium faciend. Burgenfibus Salop, de veteribus Country People call the Feafi of the Nativity of our s Lord, ufually termed Cbrifimas, Yule, and the Zuchis, 6 de mortuo bofco, &c. Clauf. 4 Hen. 3. ufed at here called Cbrifimas m. 10. Rex conceffit Thorn* de Colvile omnei ZuSports Cbrifimas, Gamboles, they ftile Yule-Games. Yule is the proper chcos aridos, vocat. Stubs, arborum fucciforum, in See the Aft I Geor. Forefia de Galtres, ibidem capiend. per vifum Cufiodis Scotch Word for Cbrifimas. for repealing an Act intituled, An AtJ for forefl* ultra Trentam. Pat. a2 Edw. 3. Par. cap. 8. 3 repealing Part of an AH pajfed in the Parliament of m. 12. Scotland, intituled, An ASt for difcharging the
Yult-Vacance,

A N

A N

APPENDIX
CONTAINING
The ancient Names of Places here
in England, and alfo an Alphabetical Table of antient Surnames; very neceflary for the Ufe of all young Students, and others, who intend to converfe with Old Records, Deeds, or

Charters.

Amended and Enlarged.

Alcrius, flu.

The River Alcn

fliire, alfo the

in

Dorfct

faire, another in Denbigh

or

Bolneffe in

in

River Alne Warwick/hire.

ABlatoBulgio, Aballaba,
Applebeia,

BJJlnejfe Apulby

CumberlandAlien, in JVeftmor- Alione,

land.

y C
3
flu.

Lancafter,*\CoWhitby-Caple
in

Cumber land.
in

Abum,
Abbandunum, Abbendoma,
Abcndonia, Abone,
Abonis,

The River Humbcr.

Alone, Alone,

Tb* River Alon

thumberland.

Nor-

Abingdon, in Berkshire, formerly called

SHAM.

SEW-

Amboglanna,
Amzniflima montana
dc Baliham,
Ancalites,

AmbUfide
land.

in

Wefimer-

Avington

or

Aventon

in Ambrofii burgus,

Gloucejlerjhire.

Ameslury Gogmagog
bridge.

in Wiltu
Hills

near Cam-

Abrcvicum, Abbas aeftuarium,

Achclanda,
Adelingia,

Berwick on Tweed.

Humber

in Torkjhire.

The Hundred

of

Dcnby

in

Ad-Lapidcm,

in the BiBijbops Aukland Andcrida, fhoprick of Durham. Andevcra, Athelney in Somerfetjbire. Stoneham i n Hampflure, near Anglcfega,
Redbridge.

Oxford fhirc. Newenden in Kent.

Andover in Hantfbirt.

Mona,
Anguillaria infula,
olnjbire.

Anglefey.

Ad-murum,
Ad-pontcm,
Adros, vel

Wait own. Pawnton in Lin

The
IT*

Ifle

of

Ely.

Anguillarianum Monaftcrium,
vel

City of Ely.

Andros, vel

Andium,
Adurni portus,

Bardfiy IJlandbctwixtWales Antivcftstum,

The Lands End.

and

Ireland.

Ederington in Suffolk. The IJles of Hebrides to the

Autona, Aufona,

7 $

Aufen or Nen in Nerthamp.

tonjhire.

Apiacjm,
Aquae calidas, Aqua; folis, Akeman-cefter,

Weft of Scotland.
JLUani-Porta,
.3Ltona,

O
>

Pap-Cape in Cumberland.
Bath City in
Somerfetjbire.

An old Town near Hadrian'j

WaUintbeN.ofEnt*].
Eaton in Berkjbire.
Sec Segelocum.
Carmarthenshire.

3
Eidure,vulgo Eatoun. Waterdon.
Eiford.

Aquaedon.

Afcna, } Agclocum, Ager Maridunenfis,

Alannius,'

Aqu aedunenfis Gilru i,

Aqusevadcnfis pons,
in

The River Ayon

fliire.

Aqusedunum, Wilt- Aquilxdunum,

Arbeia,
'

Aieton.

Hoxten inftead of EaglesIreby

Alaunicus portus, Alaunicus Pons, Alaunodtinum, Alaunus, flu vel Alarms,

Milford-Haven.

Tevin. in Cumber land.

Maidenhead
TJ.*e

in Berkshire.
in

Ariconium,
Arundclia,

~5

Kenchefier

near Hereford.
Suffix.

River Alne

Nor- Arundcllum,
Aruntina vallis, Arundinis vadum,

>

Arundel in

Album Monaftcrium, 4

thumberland. Whiuhurch in Shropfrtre.

J
Redbridge in HantfbWe.

Arunus

A
Arunus, fl Arvonica,
Arus,
fl.

Table of the
The River Aran

Names

of Places, &c.
&Antiveflzum.
Billing/gate.

in Suflex.

Belcrium prom.
Bellinus finus,

Carnarvonjhire. 7 he River Arc in Yorkfliire.

Bclifama,
~J

Afaphenfis epifcopat",

Athanaton,
Atheiis flu.
Attrebatii,

The Bijboprick of St. Afaph. Bellclanda, The Ijfe of Thanet in Kent. Bclloclivum, The River Tees in the Bi- Bello-dcfertum,

Rhibelmouth in Lancajljire. Biland in Yorkjhire.

?
Beldefert in Warwickjbire.

Aufona,
Avalonia,

Durham. Bellas locus, Men. Bcrceia, Berkjbire The River Nine in North- Bcrcheria,
jboprick of

? S

Berkjbire.

amptonshire.
Glafionbury

Bcrechingum,
Berclea,'

Barking in Bffex.
Berkley in Gloucefterjhire. Bermondfey in Surrey Bern ard-Cafile in the Bi-

in Somerfetjbire.

AuguftaTrinobantum

A vena,

flu.

London. Aven in JVdtJbire.

~j

Bermundi

infula,

Bcrnardi Caftcllum.

The River Avon, that rum Bernicia, Bradby Malmesbury,

ford, Bathe, Briftol. The River Nen. that runs
through
fliirc by

Was a
from

flioprick of Durham. Province reaching

the

River Tees

to

Edenborough Frith
Scotland.

in

Northampton- Berwicus,
1

Berwick upon Tweed.

Beverley in Yorkjhire. Of or belonging to Beverley.

Oundle, Peter- Bevcrlea, bprough. and into the Beverlaccnfis, Sea near Lin. Bibrocafli,

The Hundred
Yorkfliire.

of

Bray

in

The Avon
Avona,
flu.

that
,

Amesbury

S flows by Bibroci, Salisbury , Bimoniutn vinocium j

Brinonium vinovia,r

and fo

into Dorfetfliire.

The Waveney that divides Hinovia, Norfolk and Suffolk Binovium, by Bongay, corruptly fo Hifhamum,
called for

/
J

Binchefter

in

the Bifliop-

rick of Durham.

Bijbam in
Part of
the

Berkjbire.

Avoney.

Blacamora,

North-Riding cf

The Avon rifing not far Nor- Blancaforda, from Nafcby in runs by Blancum caftrum, thamptonshire, Warwick, Stratford, Evefham, and into the Se- Blatum Bulgium, vern at Tewkesbury.
Rleftium,

Yorkfliire, Blandford in Dorfetjbire.

Blane-Cafile
Jbire.

in

Monmouth-

Bulnejfe or Bolneffe in
berland.

Cum

Old

Town

in Herefordjb'tre.
Bttcken-

Avona, Avona,

Avondunum,
Avona:
vallis,

7 5

Boccinum, Bungey in Norfolk. Hampton Court according

.

*o Leland.

Bodiamum,
Bodotria,

Buckingham and ham. Bodiam in Suffex.

Avondale or Oundle in Nor

thamptonjbire. Bexam in the Bifnoprick

Axelodunum,

Bolerium Prom. Boniumfeu Bovium,

Edenborough Frith. See Antiveftaeum. Boverton or Cowbridge ia

Glamorganjhire, MoBangor or Banchor in FlintJbire.

of Durham.
B.

Boraum Prom.
BAehelaganae Cadixa,
fylvae,

St. Ellen's Cape.

TiAgley. **

Borcovium,
Somerfetjbire.

Bath in

Badonicus mons,

Bannesdown, a Hill over a Botelcga,

little Village

Borcovicus,

>

Berwick upon Tweed.

Bouley near Oxford. Boverton in BrechtockJIiirt.

Bainardi caftellum,

near Bath Bovium, called Bathfione. Braboniacum, Bracchium, Baynard's Cafile in London.
Bainbridg* in Yorkshire.

Brougham in Wtfimerland. Burgh in Yorkjhire.

Brackly
Jbire.

Bainus pons, Balnea, Batha, Bathonia,

Bannaventa, IBannavcnna, Banus, flu.

Brachilega,

in

Northampton-

\-BathCity.
,

Bramptonia,

Brampton
ton.

near

Hunting

Bardunus,

or rather Brannodunum, ? Northampton Weedon on the Street. Branovium, J The River Ban in Lincoln- Branoricuro, fliire. Bravinum, A River near Norwich in Branconium, Norfolk. Brannovium,

Branchefter in Norfolk.

The

City of Worcefter.

Bana- Infula,

An

'

from the River Tafi Glamorganshire.

IJland about three Miles Brechinia, in

Brecknock.
Rochefier land.

Bremenium,
Bremcntonacum, Brementuracum, Brent* Vadtlj,
Brigades,

in

Northumbet

Bafcnga,

Bafingum,
Baterfega, Bearrocfclra, Bedeforda, Bedfordia,

< ^

fifing in Hautjhire.
Batterfey.
Berkjbire.

Qverborow in Lancajture. Brampton in Cumberland.

Brentford in MMlefex. Inhabitants of Yorkfliire.

Z Bedford.
The
fet,

Lancashire, Bijbvpr'uk tf

Durham, Westmorland
and Cumberland.

Belgx,

Inhabitants of SomerWilts <w</Hantfhire.

Brigantium,

York City.

Bridge

A Table of the Names of Places,

Brigc vel Brage,
Bri'ltolia,

&c.
Cathcnfu
in

Brougbton in Hantjhirt,

Carcnii,

Inhabitant! of

The

Briftowa,

Brittol. City of

Brocavum,
Brocavc,

Scotland , aciording t Catsb. Ortcliut placet them mar* Northward

the

Broconiacum,
Brovonacis,

Brougham

in

Westmorland.

than the Carnonacse, on Weft fide of Scotland.

Carnonacr,
Bromfeld in Denbighshire. Buxton in Derbyjbire.
Bedfrda.
Bueltb in Denbigbjbir*.

Brovonacum,
Bromfclda, Bucoftenum, Budcforda,
Carphillis,

People the

who

inhabited beyond

A
? J

River Longas, on tit Weft-fid* of Scotland.

Bullxum filurum,
Burrium, Buftclli domus.

famous Caftle fupptfed t* be built by the Roman* in Glamorgan (hire.

in

Uike in Monmouthpire. Bufilebam or Bijbam

Berks.

Cafli, in
Caflii,

The Hundred of Cay {how

Hertfordshire.

Caflitcridcs,

Caleivelauni oppidum

The The

IJlands of Sylly.

C.
Caftra alata vel _ Caftrum alarum, (. Caftrum pucllarum 3
Caftra cxploratorum,

Old lam.

City

of

Vcru
Scot-

Edenburgb
land.

Calcuria, C^lAcaria,
_j

Tadcafter

or

Hclcafler

in

City

in

Calatum, Cacrmardiniu,
Cacrperis, Cacr-feverus,

Torkjhire.

Burgh

on the

Sand* in

Carmardin.
Portchefter.

Cumberland.

Sarlsbury.
Lincoln.

Caer Lincoit,
Cxfaria,
Casfaro- magus,

Caftrum de vies, Caftrodunum, Contara&a flu.

alfo

The

Vtvix.es in, Wiltjhir*.

in

The River Swale

mondfhirc.
Catarick- Bridge.

Rich-

Jerfey

Ijle.

Burgfted,

Burntviood Catara&a,

in Effex,

Cataraftonium,

Calacum, Calagum,

Overboroiu in Lancajliire, Catuellani, in alfo Whealpe-Caftle Cattitudani,

The

People

(/Buckingham,
Hertford

Calaterium nemus,
Calderus
flu.

The

Cathricludani, of Galtres in Cattieuchlani, Foreft Yorkshire. Cavoda, The River Calder in York- Cauna,
Ihire.

Cumberland.

Bedford' and
Shires.

Catvood in

Torkfbire*

See Covennos.

Caufennx,
Caufennis,
Sea.

Caledonia, Caledonius Occanus, Calcdonii,

Scotland.

>

See Gaufennse.

The

Scottifb

Cavum Dciram,
Grampius
Cclnius,

both Tbofe that inhabited on Ceangi

& Cangi

Holdemefs in Torkfhire. People about Cheshire,

as

Mount fides of in Scotland.

Cambden fuppofes.
Subpofedtobe the River Kcillan ; it rifes below Mount

Caleva vel Calena,

Calna, Calonia,

Wallingford in Berkfhire.

Calne in Wiltfhire. Coldingham.

Grampius
falls into the

in

Scotl. and
in

Germ. Ocean

Camalctum,

Camalet

Caftle.

Cambodunum,
Camboricuni,

Rubies near

Almonbury

in

Ccnion? Cemo S

fl

fl "'

? 5

The River

by

Tregony

Centum

fontes,

Cornwall. Hundreds kelde.

Cbardford in Hant/hire.
Cardiganfb'tre.

Yorkfliire.
Grandcefier.

Camboritum, Cambretonium, Cambrctovium,

Cambria,

>

Cambridge. Place by Breton-Spring Ceroncs,Creonii, in Suffolk.

Wales.

Ccrdici vadum, Cerctica, Cernelienle coenobium

Cerne in Dorferjbirt.

Tie
to

fliire in

Inhabitants of AsfhcrScotland, accord-

Cambden.
Surrey.

Camoladunum, Camolodunum, Camudolanum, Camulodunum, Campordunum,

Candalia,

Ceroti infula,

Maldon in

EJfex.

Ccrtcfia,

>

in Chert fey

Cervi infula,
See Cambodunum. Kendal in Westmorland. Whiteherne in Scotland. Canonden in EJJex, alfo Chelmsford in the fame
Ccftria,

Hartle Pool.
Chefter City.

Chcltrum, Chincglimi caftrum,

Kenelworth

Caftle.

Candida cafa, Canonium,

Cheva,
Chirca,
Ciccaftria, Ciccftria,

Keiv

in

Surrey.

Chirke in

?
J

Denbighshire.

County.

Cbicbefter'm Stiffex.
Collcrton

Cantabrigia,

Cambridge
Kent.

TJniverfity.

Cantium, Cantium prom.

Cantuaria,
Caprae-caput, Carboriarius callis,

Cihirinum, Cilurnum,
Circnceftria,

The

^ $
7
S
-\

or or

Collerford

in

Northumberland.
Cicefter
Cirencefttr

Northforeland.

in

Canterbury City. See Gabrofentum. in Flintfhire.

Colefhill

Gloucefterfiyire.

Clara-fonranus, Clarus fons,

Shirburn.

Carleolum,
Cardigania, Carmathinia, Carnarvonia,

The
in

ancient City of Carliflc

Claudia, ludia,

Cumberland.

~} Cardigan Carmarthen ?in Wales.

Clan audioccftria, Clev :vum,

/
tT
GloUcefter City.

Carnarvon

Glcvum, cvum,
Claufentum,

J
Southampton.

Co-

A Table
Coccium,
Cokarus, Cocarus, Colonia,
Coludi, Coldania.
Colccftria,

of

Names
in

of Places, &c.
Pro- ?

Ribble hefier in Lancashire.

Danmoniorum
montorium,

The River Cocar

shire, fip

Lanca-

The Lizzard The

in

5
Foreft of ccfterihirc.

Cornwal.
in

Coke in Yorkfli. Da nubia;,

Danuni,

Dean

Glou-

Coldingham in Scotland.
in EJfex.

Doncafter in Torl-Jhire.

Danus

flu.

Colonia,

Cohhefter

Tie Dane in Lineolnfhirc. The Dan or Davcn in Chefhirc. The Don or

Colonia victricenfis,

Colunum. Comberctonium Combretovium, Concangium,

Condate,

Maldon in EJfex. Colebrook in MUdleftX.

Brettenham in
Suffolk.

Dun
Darbia vel Derbia
Darvcntia,

in Yorkfhire.

? J

The Town' of Derby.

Derbyfliire-

The Barony
Chefier upon

of Keridale.

Darbienfis comitatus,
in

Congleton in Chefliire.
the Street

The River Derwent

byfhire. in Kent. Roche fter

in

Der-

Condercum,

the Bifhoprick of Dur- Darvernerum, ham. De alto Pecco,

The Cape

in the

Peake

in

Canonium, Canovium,
Conovius,

Chelmsford in EJfex.

Caerhean upon

Conway

in

Deilocum,

Camarvonfhire. Deira, The River Conway, that divides Carnarvonfli. from

Derbyshire. Gcdjlow in Oxfordfhire. The Part of the Kingdom of

Denbighshire,

? Convennon, Convennos infula, $

Conventria, Coventria,
Coqiieda infula, Coria Curia, Corinia,

Convey- IJland Mouth in EJfex.

Coventry City
Jhire.

at

Dcira fylva, thcThames Dela,

Northumbcrs that lay on this Jide Tyne. in Deirhurft Gloucefterfhire.

the

Deal in Kent.

in

Warwick

Delgovitia,

Godmanham
People of

in

Yorkfhire.

Demctce,

Weft-Wales.

Demetia,
Dcnbighia, Derentivaduat, Derwentio,

&

The Ifle of Coquet.

Corebridge in Northumberl.

Weft-Wales. Denbigh in DenbighJIjire. Dartford in Kent.

Cornwal.
Cirencefter

Auldby

upon Derwent

in

Corinium,
Corinus
flu.

in Gloucefterfhire,
thinks.

Yorkfhire.

as

Cambden

Deva

flu.

"The River
Chefter

The R-ver Chume

Cirencefter.

that runs

Coritani, vel
Coritavi,

}
I
Mona?
S

by People of Northampton,Leicefter, Rutland, Derby,

Dcva/f u Devana urbs Devonia,

Dee in Che/hire. or Weft- Chefier.

in

Davonjhire.

Di&um,
Divifx,
Divifio,

Diganwey
shire.

Carnarvon-

and Nottinghamfliircs.
Inhabitants
of
,

~
C.

Cornavii vel
Cornabii,

Warwick,
Stafford
,

The Vies

or

Devizes

in

Worcefter
Cornubia,

Caftrum de Vies,
Dotuni,
Durobrevis,

Wiltshire.
People of

Shropshire and Cheih. Cornwal.

Horn-Church in EJfex.
Corbridge

Glouccftcr
Sbires.

and
Dor.
River

Oxford

Cornubtum
fterium,

An

old

Town
in

called
the

manchefter on

Corftopilum,

upon Tyne, fays in NorTalbot, Morpit thumberland, as Cambden,

Curebridge
tingdon,

Nync
fhire.

NorthamptonCanterbury
in

Corftopitum
Curia,

by H. Hun-

Durovernum,

The

City

of

Kent.
Dubris,

and Corebridgeby Dorfris,

Dover in Kent.
either in Oxford

Hoveden.

Cottefwoldia,

Cotfwold in Gloucejlerfbire.
-%

Covi Burchelcga, Cranburna, Crancburgum,

Burginatium, Craven,

S-

Doris, in Glou efletjhire. C-overUy Dorceftria, or Cranborn in Dorfetfiiire. Dorkeftra, Cleve- Dorcinni in Conenburgh civitas,
land.

Dorcbefter or DorfetJhire.

The County
Yorkfhire.

of

Craven

in

Dorpcndunum, Durobrevum,
Dorobernia,

Orpington in Kent. in Kent.

Rochefter

Crecolada
Cridea,

vel

Creekladein WiltJhire.
Crediton or Kirton in DevonJhire.

Dorovernum,
Dorventania,

Canterbury.
Derbyfliire. in The

Grascolada,

Dorus

flu.
flu.
>

Dor

Hertfordshire.

Dovus
in Lincolnshire.
Lincolnshire.

The Dove
i
'y of

in

Dcrbyfhire.

Crococalana, Crocolana, Croylandia,

Dunelmeniis comitatus,

Ancafter

The County

of the Bifhoprick

Durham.

Crowland in
Cumberland.

Dunelmia,

Cumbria, Cumbcrlandia,
Cunetio,

Dunelmum,
Dunelmus,
Wiltjbire.

(
?"

Durham
The

City.

Marleborow in

3 Dunholmum, Dunum vel Dunusl

finus,

Creek at

Dunsbey

near

D.
vel

Damnonii, DAnmonii
Danica Sylva,

Dunvicus,^/w/ feliDevonfhire cis oppidum, \ and Duria provincia, PEople Cornwal. Andredfwald Foreft in Suf- Durvonovaria, fex: Alfo theForeftof Dean in Gloucefterfhire.
of

Whitby in Yorkfnre. Dur.moJ: alias Flixton in

Suffolk.
Dorfetjhire.

Dorcbefter

in Dorfetjhire.

Dor-

A Table of the Names of Places,

Dorcinincivitas,
Fauftini villa,
St.

&c.
of

Duracaflrum, Hydropolis,

Dorchefier in Oxfordfiiire.

Edmundsbury in

Fawcnfes,
Fibrilcga,

Inhabitants

lowcy

Suffolkin

Cornwall.
Roeheller in Kent.

Durobrevum,
Durobrivx,

Dornford near Walmeford in Huntingdmfaire.

Fibrolcga, llmti i,

Beverley in torkjbire.
Flint

Town.

Durocobrivx,

Redburn in Hertfordjbiu.

Durolenum,
Durolipons,

Lenebam

in Kent.

Font Brigidx, Font clarus,

Bridewell in London. Sbireburn in

Dorfetjbire. (Veils in Somerfetjbire.

Gormanchejler
donshire.

in

Hunting- Fontanenfis Ecclefta, Frctun) Britannicum

Durolitum,
Durotriges,

Layton in EJfex.
People of Dorfctfliirc.

Frctum Gallicum, Frctum Morinorum Fromus flu.

The
-

Streight of Calais.
in

Tb* River Fromc

ceflcrfliire,

Glouto

E.

that runs

Briftol; alfo Dorfctfliirc.

another in

7
Eflcxia, EAST-fexcna,
EJfex.

G.
of

Ebodia,

The

IJle

Alderney.

Eboracum, Eburacum,

York City.
St.

GAbrantooicorum,
Salutaris

Edmnndi Burgus,
Eilecuriani vailis,

Edmonsbury in Suffolk.
of

portus,
'

Suerby in Yorkpire.

The Vale

Aylesbury
in

in

Gabrantovicorum,
Portuofus finus,
vel

Buckinghamfliire.

Eimotus
Elgorii,

flu.

Tbe River Eimot

berland.
Inhabitants of

Cum- Gabrocentum
Gabrofentum,
.

Gatflicad in the Bipoprick of

Durham, bard
cafllc.

Liddcrdale , Eufdalc, Eskdalc, and Gadenii, Aunandalc In Scotland.

IJle

by

Ncw-

Inhabitants

of

Teifdale,

Elienfis infula,

Ellandunum,

Tbe The

old

of my. Name of Wilton In Galva

Twcdale, Mcrch and Lothian in Scotland.

vel
vel

Waliwhk
land.

in

Northumber-

Wiltfliire

Gallava,

Eltelhamum,
Emincntior,

Eltbam in KentEaton- nefs in Suffolk.

Gallutum
in

Gallagum,
Gallena,

Wbealp or Wbealop Cajlle in

Cumberland.
Wallingford
Jhire.

Eovefum, Evertamum, Epciacum vel Epiacum,

Etocetum,

}
}

Evejbam or Evejbolme
Worcejlerfhire.

in

Berkjbire,

on

the Borders

of

Oxford-

Pap-Caflle in Cumberland.
Uttoxeter

Ganganorum Prom.
Gariononum,
Garricnis vel
7

Lbeyne in Carnarvonfbire.

in

Staffordjhire,

Yarmouth in Norf.

or rather

according to Cambden.
labran- ? EilimcnonGabran-;
i, tonicorum,

Burgh-Caftle

in Suffolk.

Everby in Yorkjbire.

Epidium,

Gargcnus flu. Tbe Gaufcnnx, Cantyre in Scotland. IJlattd that is near Cantyre,
is

Tare River in Norfolk.

Brig-cajlerton
fiiire.

in

Lincoln-

likewife

called

Geldcforda,

Guilford in Surrey.

Eubonia, Evenlodus

flu.

Genumia, Epidium. The IJle of Man. Geflbriacum, The River Evenlode in Ox.
fordjbire.

North Wales.

Tbe

Streight between

Bri

tain

and

tbe

Iflc

of

ExcambiumRegiu* p
Periftilium five Burfa,

V
->

The Royal Exchange

London.

in

Gevini,
Geviffi,

A River in
into the

Wight.

Wales, that runs River Usk.

IJle

Exa

flu.

The River Exe

fhirc.

in

DevonGirvii,

People over againfi tbe

of

Wight.
Inhabitants of tbe Fens.
vel

Exonia, Exploratorum Caftra.

in Devonfjoire. Excefter City Burgh upon Sands in Cum.

berland,

Glamorgania
Glafconia,
Glaftonia,

Glamorgantia,

Glamorganjbire.
Glajlonbury in Somerfetjbire.

F.

Glavorna,

Glcvum,

T?Ala
Fanum Fanum

flu.

THE
St.
St.
jhire.

River Vale

GloUcefier.

in

Gloceftria,

Falenfis portus,

Cornwal. Falmouth in Cornwal.

Albans in Hertfordshire. Lantwit in Glamorgan-

Glenus
Glotta.

flu.

Albani,
Iltuti,

Tbe Glen in Northumberland. Tbe River Cluyd in Scotland alfo an IJland now called Arran lying in tbe Bay o/Cluyd.
;

Fanum IvonisPerfa, Fanum Leonis, Fanum Neoti,

Strives in Hundingdonfhire.
Leominjler.
St.

Gloveceaftria,

7
J
Ghucefler City.

Glovernia,
in

Neots

HuntingdonScotland.

Gobanium,
Godcrici caftrum,

Abergavenny in Afor.mcutbJliire.

Jl>ire.

Fanum Reguli, Fanum Stephani,

St.

Andrews in

Goodrich Cajlle in
Jbire.

Hereford

Kirkby Stephen in Wejlmorland.

Granta,

Cambridge as

o o

Come think. Gravetenda

:

A
Gravefenda, Greva, Grenovicus, Grenovicum,

Table of the

Gravefend in Kent.
Greenwich in Kent.
Wales. The River mire.
Guy-cliff

Names

of Places, &c.
I.

The Thames
Iamifia, IAmcfa, Iccius portus,

according

to

Greemvicum,
Gualsc,

Ptolomy.
CaUis Whitfand.
People of Suffolk,

Gucrfa

fln.

Wharf in York-

Iceni,

Cambridge
tingdon
Iciani vel
Ifianos,
Ifta,

Norfolk, and Hun-

Guldonicus clivus, Guincthia, Guldforda,

near Warw'uk.

Shires.

Wales.
Guildford in Surrey.

Lhborow in Norfolk.

Gumicaftnm,
Gumicafter,

Goodmancbefter near Huntindon.

Idumania,

Idumanum
Idumanus
H.
Ingiruum,
NorthumberInfula,

aeftuar',?

The IJle of Wight, The River Stone. / The River Blackwater in

EJfex.
_

flu.

Jarrow in the Bifhoprick of Durham, where Beda

flourished.

TAbitancnm,

Rijtngham in
land.

Hadriani murus,

Haga,
Hagulftadia,

The Pias Wall The Hay ,orria.te\y in Breck- Infula fiturum,

nockfhirc.

Egnepam or Enifham
Oxfordfhire.

in

The

little

IJle

of Silhy in

Severn.

Hagulftadunum,
Halcnus,

Infula vefla, Aufton upon Tyne in Northumberland. VeSis, ve&efis, Hexam in the Bifhoprick Interamna,

7
5

The

IJle of Wight. Twinamburn in

Dorfet

of Durham. River Avon in Hampjbire.

Ifkca vel Southampton in Hantpire. "The River Hans in Stafford- Ifca,
fhire.
Z
<

fbire.

Hamptunia, Hanfus flu-

The River Exe

fhire.

Chrift-Church in Hantpire.
in

Devon

Han ton ia,

Harefordia,

Hantpire.
Hereford City. Haftings in Suffex.

Ifannavantia, Ifannavaria, Ifannavatia,

Ifca

Northampton, or rather Wedon on the Street in Northamptonpire. Exeter City. Caerleon in GlamorganCity
pire.
Inelchefler,

Hading*,
Hebrides,

Danmoniorum,

Clufter on the

of Ijles that lie Ifca, legio Augufta,< < Ifca legua Augufti, Weft Side of ScotIfchalis,

Helennm prom.
Helienfe coenobium,

Hcnlega, Herculis prom. Herefordia,

Hertfordia, Hertfordise comitatus,
Hcfpcrides, Hibernia,

land. The Lands-end. Ely City in Cambridgepire. Henley upon Thames. Hertey Point in Deronfhire.

commonly

cal

Ifidis Infula, Ifidis vadum,

Ifis flu,

Hereford City in Hereferdfbire.

led Ihhefter in Somerfet pire. Oufney by Oxford. Qufeford or Oxford. The River Ifis by Oxford.

Hertford.

Hertfordpire. The Sorlings or Scilly Ifles.

Ireland.

The Oufe that ingham. Another Oufe

York.
Ifuria,

runs by

Buck-

that runs by

Yorkpire.

Hinchefega, Hithinus portus, Hodncius flu.

Hollandia vel Hoilandia,

Hinkefey near Oxford. Hith in Kent.

fhire.

Ifurium,
Gallia:,
flu.

Aldburgh

or Olburrow in

Yorkpire.

The Hodney in Brecknock- Itium 7

Holland, a Part of Lincoln(hire.

Vttfan or Whitfan alii in France.

near Ca-

Ituma

Homclea flu.

The River Humble

againft the IJle of in Hantfhire.

over- Itunna,

The River Eden in Weftmorland and Cumberland. The River Eden, or Solway
Frith in Scotland.

Wight,
Julia ftrara,
York-

A
K.

Hrofi civitas,

Rocbefter

in Kent.

Highway not far from Carleon in Wales.

Hunibra

flu.

The River Humber in

pire.

Hundefdena, Hunfdona, Hungreforda, Huntingdonia,

? 5

Hunfion in Herefordpire.
Hungerford in Berkpire. Huntingdon Town.
Huntingdonpire.
Hurftley.

Anus flu. Keneta flu.

The Kin in Weftmorland. The River Kennet in Wiltpire.

Carisbrook-Caftle of Wight.

HuntingdonenfiYager, Hurftelega, Hwiccii,

Hydropolis,

'Ceresburga,

in the IJU

People

of Worccfterfhirc, Keftevena, and about Severn.

Kefteven, a Part

of

Lincoln-

pire.
Kimbolton-Caftle in Hitr.tingdonpire.

Hymbronenfes,

in Dorcbefter Oxfordfhire. People of Northumberland.

Kinebantum caftrum,

L. Lafto

A Table of the Names of Places,

Longhas,

&c.
on

Lutterworth

or

the Wefl Side ,f Scotland, that fall, into the Wcftcrn Ocean, it ,-. called

Rhtr

LoughboLomithi.1,

LAlodorum, LaQodurum,
Lactorodum, Laftorudum, Lagecium,
Lamitlia,
Lancaftria, Lancaftrcnfis Comit',

Logh, Longhin.
in

rough.

Bedford.
Stony-Stratford.
Cajlleford

near Pomfret
Surrey

in

Lonutlm, Londinum, Londinium,

Lambeth

Surrey.

Lambeth

Torkpire. in

London. Lancafter Town.

Lancashire. Landaffe in Wales.

Londinia, near Londonia, Lundonia,

Loncaftria,

The famous

City

(/London.

Landava,

Longovicium, Loxa,
Lugas,

Lancafler or Loncafler.

The River
land.

Langanum Prom.
Lavatrcs, Lcyarrcs, Lavatris,
Levatris,

Lkeyne Promontory in Carnarvonpire.

Lojfe

in

Scot-

The River Lug

Jhire.

in

Hereford-

Browei upon Stanemore in Lucopibia,

Rjcbmondfhire.

Luguballia,

Carlijle

City

in

Cumber-

Lugnballum,
The River Lea
fhire.
in

Lea

flu.

Hcrtford- Lugu vallum, Lychcfcldia,

I
M.

land.

Legeceftria, Lcgaccltria,

The Town

Lit.hfield
Jhire.

City in

of Leicejler in

Stafford-

Leiceflerpire.

Legio Lcgio

i.

Augufta,

Carleon in Wales.

6.

NicephoYork City.
Chefier City.

rica,

Lcgio 6. Vi&rix, Legio 20. Vi&rix, Lcgra,

M
in

Adus

Maidflone in Kent.

Magx,

Lemaus

portus,

Lemanii,
Lcogoria,

The River at Leiceftcr. Magi, Lime in Kent. Magefctas, Lime-hill or Lime in Kent. Magnitum, in Magioninium, Leiceflerpire. Leicejler
Lemjler in Herefordshire.

Old Radnor.
People of

Radnorshire.

Leonenfe ccenobium, Lcovenfc,

Leofcnfe, Lconis Monaftcriu', Lconis caftrum,

Magiovinium, Magiovintum, Maglova, Maglona,

Dunflable in Bedfordjbire.

Madenitb

in

Montgomery-

Magna,
Lyons, alias Holt-Cafile Denbigbpire. Loghor in South Wales.

Cbefter in the
berland.

Wall near to Haltwejfell in Northum-

Lcvarum,
Lhocgria,
Lichfeldia, Lideforda, Liddcnus,

Magnus

England.
Litchfield.

portus, Maidulphi curia, Maidulphi urbs,

Port/mouth or Portcbe/ler.

Limenus

flu.

Limnos, Limodonuis,

Maldunenfe MoLiAjord in Devonpire. The River Ledden in Herenaftcrium, forApireby MahernHiUs. Malmesburium, Mala Platea, The River Rother. Mailoria wallica, The IJle o/Ramfey.
Lime-houfe near London. Shirwood Forefl in Nottingbamfbire.

Malmeslury in

Wiltjbire.

Ilflreet

in

Cbejbire.

Bromjield in Denbigbpire.

Malvernia,

Lympida

fylva,

Malvernum, Malus pa flu s,

Malverene in

Worceflerp'tr*.

Mnhas

in

Cbejbire.

Lincolnia,

Lindccollinum,
Lindisfarna, Lindisfarnuin, Lindis,

Lincoln City.

Mammucium,
Mancunium,

Man

hefltr

in Lancajbire.

on Mandueflcdum, Holy-ljland or Farn-IJle the Coaft of Nortbumb. The River Witham in Lin- Mannia,
colnpire.

Man.befler
Jbire.

in

Warwick-

The

Ifle

of

Man.

Mannenfes,
of Manucium,

Lindefeia,
Lindifia,

Lind/ey,

a third Part

Lincolnfbire.

Lindocolina,

Lindon,

Lincoln City.

Marc Britannicuin, Marc Sabrinianum, } Margidunum,

Margitudum,
*

People of that IJland. Man-Caflle in Lancafler. The Britip Sea.

The Severn Sea.

Place near
in

Beh;yr-Caflle

Linnum Regis,
vel
Lifia,

Linum,

Loghor,

Maridunenfis ager, An IJle called Gulf, near Mariduncnles, Part of Corn- Maridunum, the utmojl wall. Maflamcnfis pons, A River which is the WeJlern Limit of Glamor- Mauditi caftrum,
ganfhire.

Linn* in Norfolk.

Linco'.pfli'rre,

Carmarthetijuire. The People of that Sbire.

Carmarthen Town-

Mapam

Bridge

in

Tork-

pire. St. Maw'i Cafllt in Cornwall.

Logii,

The

who inhabited Mealdunum fiJ9 Mount Granipius to Camalodunum ,i from the German Ocean, by the Mcandari,
People

Maldon

in Effex.

People of Part o/"Hantmirc.

Mertae

in Scotland.

Mcata]

A
Mcatx,
Meanuari,

Table of the
People of

Names

of Places,
? 5
ford,

&c.
~\

about the Wall.

Northumberland] Neomagus vel Noriomagus,

alfo Efimean\

According to

LLhuid

is

Guilto
.

Meanborow,

and WeJlmean Hundreds

Madcguaia

flu.

The

in Hantjbire. River Med way

in

Kent.

Mcdena,
Mediolanium, Mediolanum,
Mcditerranei
Angli,

New
An
?

according 1" Talbat.Croyden, v, <iKr " by Cambden and ( r ^' Somner, Woodcot about Croy- j
j
'

Port
in

in the

IJle

of

ford.

Wight.

Middleham
old

Town

Torkjhire. in Montgo-

Ncoportus, Neoportus Paganellicus,

Newport.

Newport Pagnel in Buckinghamshire.

mery fhire.

Nidum,
Nidus,

7 5

Neath in Glamorganshire.
Blackney in Norfolk. Snowdon Hills in Carnarvonshire.

St/tffordjhire-men.

Negera,
in Kent. Nivicollini,

Mcdvaga,
Melanciani,

The River Medway

People of Silley.

Meldunum,
Menavia, Mcnevia, Mcrcia,
Mercii, ? Mcrionithia, Mcrvinia, $ Merfia, Merlebrigia, Mctaris aeftuarium,

Malnresbury in

Wiltjl>ire.

Nordhumbra,
Nordovolca,
Norfolcia,

Northumberland.
Norfolk.

The

IJle

of

Man.

St. David's in .Wales.

Middle England. Middle Englifimen.

Merionethfaire.

Northanimbria, Northantonia,
Northantonienfisager Northimbria,
.

Northumberland.
Northampton.
NorthamptonJbire.

The River Merfey in Chefli

Marleborough.

Mevania,
Michelnia, Middlefexia, Mitfordia,

The Wafkes in Norfolk. The IJle of Man.

Michelney in Somerfetjhire. Middle/ex. in Northumber- Novantii, Mitford

land.

Northumbria, Nortobricum, Nordoricum, Nottinghamia, Nottrnghamien* ager, Novantum prom.

Northumberland.
Norton Hall in Yorkshire.

Nottingham.
Nottinghamjhire. Cockermouth.

The
in

Inhabitant of

Galloway

Scotland.

Molis

flu.

Mona,
Monabia,

The Mole in Surrey. Noviodunum, The IJle of Angletey. The IJle of Man according Novius,
to Pliny. Battell Abbey.

Newenden inJC?f upon the

Rother.

Conwey.

Novus Burgus,

Newport
Wight. Newcafile
land.

in
in

the

IJle

of

Monafterium deBello,
Monaft. de Mella,

Meaux

Abbey in YorkJbtre.
Northumber-

Novum

caftellum,

Northumber

Monmuthia,

Monmouth.
Newcafile in
land.
~> Novum forum, Novum Mcrcatum,5

Monochapolis.

New Market
New-Port.
Newberry in

in Suffolk.

Monoeda,

The

IJle

of Man, according Novus

portus,

to Ptolomy.

Mons

acutus,

Montacute
jhire.

in

Nubiria, Somerfet- Nulla ejufmodi, Nulli par,

Nulli fecunda,

O
*>

Berkjhire.

Mons dives, Mons Gomericus, 7 $ Montgomcria, Mons Michaclis.

_

Richmond in Surrey.

Nonfuch in Surrey.

Montgomery in Wales.
St. Michael's Mount in Corn-

wall.

Mons rofarum, Monumetha,

Monumethia, Morbium, ? Moricamba, Moricambe aeftuar.$ Moridunum, vel Ridunum, Mortuus Lacus, Muridunum, fee ? $ Maridunum, Munus,

^"vCeanns virgivus,
OccidcntalesBritoncs,

The Virgivian
Ocean.

or

WeJlern

Montrofe in Scotland.

Monmouth.
Morsby
in Cumberland.

WeJlern Britain?, or Inhabi.

tants of Cornwall. Cornwall.

The Bay

in of Cardronack Cumberland.

Occidua wallia, Occellum prom.

Holdernefs, alfo
Yorkjlnre.

Kelnefy in

Seaton in Devonplre.

Ockhamptonia, Ocrinum prom.

Oftopitarum prom.

Ockhampton in Devonjhire. Tlie Lizard Point in Cornwall.

Mortlake in Surrey.
Carmarthen.

The

River

Munow

that

Olenacum,

parts Herefordfliire from Olicana,

David's Head in Pcmbrokefhire in Wales. Edenborow in Cumberland. alfo likely, Hallifax, both
St.

Monmouthfhirc.

in Yorkshire.

Murimintum pro Murivindum,

\
J
Sikefter

in Hantjbire.

Ordevices, Ordovices,
Oreftii,

People of North Wales.

N.
Orrca,

Inhabitants of Argile

and

TW"T Auesbia,

Nafeby
shire.

in

Northampton-

Orus

flu.

N amicus finus,

Reather or Rotherhith, vul- Ofca flu. garly called Redriff. Othona,

Scotland. Town on the North of the River Tay in Scotland. The River Ore in Suffolk. The River Uske in Wales. Ithancefler in Effex.
in

Perth

Ottadeni

A
Ottadcni, Ottadini,
Ottalini,

'

~.

.**

.__,.

Table of the
People of

Names

of Places, &c.

Northumberland.

Ottarini,

}
Otford in Kent.

Ottaforda,

Ovinia infula, Oxenforda, Oxonia,

The

Ijle

of

Shcpcy in Kent.

Oxford

City.

Oxonium,
Oxinaga, Oxa,
Oxney
{fie

Raga, Rag*,
Ragancia, Ramcsburia,

Adnbria,

Radnor in Radnorfhirt
Ratiftrd or Ratford.

in Kent.

Ralegh in Ejfe*.

The River Oufc.

Ratx,

Ratx
fa Ha,

ftabius flu.

Ramesbury in Wiltfl/ire. Lei oiler Town. The Taffc m Glamorganfhire.

Pukheley in Carnarvonpire.

Parathalaflla, PAlus
Parifi,

Walfingham in Norfolk. People of Holdcrncfs.

Peckirke not far

Rcadingum, Regiodunum

Reading in Berkjhrre. Kington upon Hull in Torkjhire.

Pcgelandia,

Penbrochia, Pcndinas,

Hullinum, from Crow- Rcgiodunum Tha> land. mcfinum, Pembroke in Wales. Regis Burgus, Pendennis Caflle in Corn- Regni,
wall.

Kinflon upon Thames-

Queenborough in Kent. People of burrey, buflcx,

and
in Merionethjhire,

the

Sea

Peneucrnum,
Pcnlinnia,

Shrewsbury Town.

Coaflt

of

HantOiirc.

Regni Sylva, Lake Ta- Rcgulbium, whence rifes the Rcpandunum, git, River Dee. Rhedus flu.
where
is

Place

Rmgwood
The Read
land.

in Hawpfh'.re.

the

Reculver in Kent.

Rep ten in Derbyjbire.

in

Northumberin

Pcnnocrucium,
Pennorinutn, Pente flu.
Perfcora, Perfora,
Peterillus,

Penkr'tdge in Staffordfhire. Penrin in Cornwall.

Rhcmnius,
Rhibellus flu. Rhitubi portus, Rhutubi portus,

The River

Remny

Gla-

The River Pant

/'^Eflex.

morganshire.

Per(hore in Worcejlerjbire.

The

Ribcll in

Lanafier.

Peterus

flu.

The

Peterill in

Cumberland.
in

Reptacefter,

Ruptimuth,

Rhutupix
Peterborow City

ftatio,

Ricbberg,

now

Richb.row,

Petriburgus,

North-

Rhitupis portus,

near Sandwich in Kent.

Fair foreland. in Riblechefier Lan.ajbire. Richmund in Torkjhire, alfo the fame in
Surrey.

Petropohs, { Petuaria vel PetuariaParifiorum \ Pevenfea,

Pictavia,

amptonjhire. in Torkjhire. Beverly

Rutupius portus,

Rhobogdium prom Rhobodunum,

Richmundia, Richmondia, Ripadium,

P'ever.fey
The
The

in

Suffer.

Piai,
Placentia,

Pib. Country of the PiSs, a People of Briat

tain.

Ripodum,

Reppon in Rrppon in

Derbyjh'tre.

Torkjhire.

Plinlimonia,

The Royal Palace wich. A high Mountain

Green- Robertinus pons, Rodecotanus pons, in Wales, whence Severn, Wye, and Roibis,

Rotber- Bridge in Sujfex.

Radcot-Bridge on the in Oxfordfbire. Ijis

River

Rydol,
Pontes,

take their Rife.

Reading in Berkfhire,
Colebrook in
Jhire.

Roffa, alfo Roifix oppidum,

in Kent. Rochefier City

Royfton in Cambridgfbire.

Bmkingham- Roflia,

Roffcland in Cornwall, alfo Rofe in Pembrokejhirt.

Riton upon Dunfmore in
wickshire.

Pons Burgenfis, Ad Pontem, Pons iElii,

Pontus
flu.

Burrowbridge in Torkjhire.

Rugnitunia, Paunton in Lincolnjhlrt. Ruitonia, Font-Eland in Northumber- Rutunia,

land.

War-

Ruber
in

clivus,

Redclffe near London, vul-

The Pont
land.

Northumber-

garly

Ratclijfe.

Portefmutha,
Portlandia,

Partfmouth
Portland
i

Rupis aurca,
in Hantjbire.

Goldcliffe
fbire.

in

Monmcutb-

Portunia infula, Portus magnus, Portus ofttum, Portus falutis,

Powifia, Praeftdium, Prsetorium,
Procolitia, Protolitia,

Ijle.

Ruthunia, Rutlandia,

Ruthin in Denbighjhirt.

Portfmouth or
Cromarty.

Rutunium,
Portchejler.

Rowton

Rutlandjhire. in

Slyropjhire.

RutupisB,

Powys, a Part of Wales.

Rutupirum

littui,

Ricbborow near Sandwich in Kent. The Foreland in Kent.

Warwick Town.
Patrington in Torkjhire.

Prudbow, or Prudhow-Caflle
:

in Northumberland.
Deptford. Putney in Surrey.

Profundum vadum,
Putenega,

p p

S.

Sabaudia,

A
or Abaudia,
Sabriana vel
Sabrina,

Table of the

Names

of Places, &c.
Snowdown Foreft in Carnarvonshire.

Snawdonia,

Somaridunum,
Somerfctenfis
mitatus, co-"
{

Somerton in Lincolnjhire.

The Savoy in Louden. The River Severn.

Somertuneofis
miratus,

co- (
.

Somerfetfbire.

Sabulovicum, Sacra iniula,

Sacra fylva, Salenx,
Salinx,
Salisburria, Sarisburia,

Sorbiodunum, Sorviodunum, Sandwich in Kent. Sorurodunum, Holy IfU by Northumber- Southamptonia,

land.

'

Old Salisbury.
Southampton.

Southeria,
Surria,

', <

Halifax in Xorkfhire.
Saludy in Bedfordshire.
in Wiltjbire. Salisbury City

The County

of Surrey.

Salopcsbiria, Salopia, Salopix comitatus,

Saltria,

Shrewsbury.
Shropjbire.

Southerlandia, Southria, Southriana, Southregienfes, Southfexena, Southfcxia, Southwella,

Southerland in Scotland.
1

Surrey.
I

People of Surrey.
',

The County
shire.

of SuflTex.

Southwell in
Thorney

Nottingham-

Sawtry in Huntingdonfhire.

Sandicum,
Sandovicus,

Spinarum
Sandwich in Kent.
Spinx,
Guernfey Ifland.

infula,

Ifle,

the old

Name

of Wejlminfier.
Newberry in Berkjhire, and Spiney near Newbury. Stafford Town.
Stanford in Lincolnjhire. Stene in Northampton
fhire.

Sanwicum,
Sarnia,

Saverna,
Sceptonia, Schelfega, Schirburnia, Scona,
Scoti,
Scotia,

The Severne.
Shaftsbury in Dorfetjbire. Chelfea by London.

Sraffordia,

Stanfordia,

Stenum,
Stourus,

Shirbum
Scots.

in Dorfetjbire.

The River Stour

in
DorfetJIure,
folk.

in Kent,

Scone in Scotland.
Scotland.
',

in

Suf-

Stringulia,
,

Chepfiow
Jbire.

in

Monmouth-

Seorberia, Scorbcsbcria, Sebafta, altera

Shrewsbury Town.

Strivillina,

Sterling in Scotland.

'

Leskard in Cornwall.
|

Lcgio,

Stuccia ttl Stucia flu.

Yftwith in CardiganJbire.
Stourton in

Secandunum,

Seckington
Jhire.

in

Warwick- Sturodunum,
Sturus flu. Sulcalva flu.

and

Stourminfier

Dorfetfiire.

Segedunum,
Scgclocutn,

in Northumberland. Aulert in Shirwood in NotSeghill

The Stour in Derbyjhire. The Swale in Torkjhir*.

Southwark. 4
Suffolk.

Scgelogum,

Sudoverca, tinghamfhire. Sutfolcia, Agle in Lincolnjhire. Littleborow in Nottingham- SufFolicia,

shire.

Sullomacx,
near Caernarvon Sullonicx,

Brockley-Riil

near

Segontiutn,

Caer-fejont

in

Ellefirt

HertforiiJIiire,

alfo Bar-

Town.
in Hantfh'ire. Selbury Rill in Wiltfoire. or Selfey in Suffex, Seolfey
Silchefler

Scgtintium, Selburgi tumulus,

Seolefia,

Sunningum,
Salimnos infula,

net or Edgworth Shelney. Sunning by Reading. not far from Sulmey IJle Milford Raven.

Setantiorum Palus,
Sctcia xftuar.

whence the beft Co kles. Winander Meer in LancaJhire.

T.

Dee-mouth.
Salisbury City. Sharpnor* in

Scvcria, Sharpcrnoria,

the

lflt

of

Shenum,
Sigdelcs,
Sillinae infills,
Silcfia,
j J

Wight. Shene or Richmond in Surrey.

Taizalos c> Verni cones,

'Atfus

flu.

The Taffe
fhire.
People

in

Glamorgan-

of

Northumberin

land.

The

Tama
of Scilly.
Selfey

flu.

The River Tame

shire.

Oxford-

IJles

shire, another j Stafford-

Seolfey

or

in Suffex,

Silura,

fometimc a BiJIiop's See. The little IJle of Silley in

Severn,
thinks.

Tama

oppid.
flu.

Tame, a
Jhire.

Town

in Oxfordin

as

Cambden Tamara

The River Tamar

wall.

Corn-

Silures,

People of

South-Wales.

Tamawordina,

Tamworth
Jbire.

in

Stafford-

Sinnodunum,
Sitomagus,

Sirmodun-Rill near Wallingford in Berkshire.

Tamara

Simomagus, Sinomagus,
Slepa,

Thetford in Norfolk.

oppid. Tamilis, Tanfelda,

Tamarton in Cornwall.
Tloe

Thames.
Scot-

Tava,

The

old

Name

of St. Ives in

in Torkjhire. Tanfield The River Tay in land.

Huntingdonshire.

Taviftokia,

Tavefiock in Devonjhire.

Ted-

A Table of the Names of Places,

Tedfordi, Tccfis d"
Thetford in Norfolk. The Rivtr Tecs in the Bi-

&c.
m
Sur-

Vallum,
Vandalis
flu.

The Pitft Wall The River Waudlc

rey.
Wandleibttry, a Fori
Hills

Teefa, Tcgseus Lacus,

Durham. The Lake Tagit or Pcmble Vandclbiria,

jboprick of

Tercntus

flu.

Tccocuria, Thamifls,

Merionethshire in Wales. Vanatinga, Varia flu. The River Tram. Tedbury in Glome fterfb'tre.
in

Mccr

on tht near Cambridge.

Berkjhirr.

Wantage in The Fromc

in

at Dorcheftcr,
(hi re.

Doric

The River
.

of

Thames.
in

Varii,

Boduary in

Flintfbire.

Thanaton?

?
,

Thanatos 5 J Thcobaldenfes xdcs,

The

ljleof

Tanct

Kent. Vcaa, Vcacfis,

Viaefis,

Theobalds Htmft in Hertford-

7 3

The

IJle

of Wight.

Thcodorunum,
Thcoci curia,
Theokcsberia,

Jbire. Wells in Somerfetfbire.

Vcnantodunia,

Huntingdonfiiire.

>

Tewksbury
fbire.

in

Gloncefler-

? Vcnantodunum, Vcnatorum mons, $

Vcnedotia,

Huntingdon Town. North Wales.

Winchefier in Hantjbire.
Cajler

Thermae, Theta,

Venta Bclgarum, The Bath City. The River on -which Thct- Vcnta Icenorum, ford ftands. Vcnta Silurum,
Thong-Cafile
Jhire.

Caer-went
fhire.

near Norwich. in Monmouth-

Thongum,
Thonodunurh, Thorncga,
Thorneia,
Tichfelda,

in

Lhvoln-

Vcrlucio,
~)

Warmijler in Wiltshire.

Taunton in Somerfetlbire. Vernemctum, of Vcrnomctum, Thomege, the old Name

Weflminfter. Thorney in Cambridgefbire. in Hantfhire.
in

Burrow-Hill

in

Lace/ler-

Verometum,

J
~>

Jbire.

Tina&*
Tinna, Tindolana,

The River Tine

Tuhfeld

thumberland.
Winchefier
in the

Vcrolamium, Virolamium, Nor- Vcrulamium, Vcrovicum,

Vcteleganus pons,
Vertcrx,

> 3

Verulam City near

St.

A-

bans in Htrtfordflure.

Warwick Town.
Wbeatly-Bridgi
ford.

Wall.

near

Ox-

Tinemutha,
Tjntagium,
Toliapis, Toliatis, Torceftria,

Tmmoutb
land.

in

Northumber-

Burgh

upon

Stanemore in

Tintagell in Cornwall.

Weflmorland.

The

Ifle

of

Shcpey
in

in

Kent.

Vertilingiana via,

Watlingtftreet

Way.
in
Somerfet-

Vcxala,
Vicus Malbanus,

fuellmcuth
fbire.

Tow
,

efter

Nortbampton-

jbire.

Namflwiib

in Cbefture.

Totonefuim, Trehenta,

Tot nefs -in Devovpire. The River TJrent.

London..

Vicu0txeus,
Vigornia.
Villa
Scot-

Standrop in the *

Bimoprick

Trenovantum,
Trcnta,

Trimontium,
Trinoantes,
Trirrobantes*,

The River Trent. Aiteritb, a Town in

land.

of DurhamT

Fa u It in i,

Wercefter City. St. Edmunasbury in

Suf-

folk.
Wiltfhire.

People

'of-

Vilugiana provincia, ? Vinchelfega, Middlefex and Vindagora, 5

.

Wmtheljey in Snffex.

Tsinovantes,

Elfijx.

Tnpontium,
Trifantona,

Towceter
Ibire.

in

Vindelis, Nortbamton- Vindclifora,

Old Win.belfey.
Windfor in Berkfhir<. Walls-end in Northumberland.
.

Vindobala,

The River Teft thai rttns Vmdom/iry hto Southampton Bay. Vindogladia,

>

<

yindu^dia,
Vindolanaj

Wimbume
berland.
Silceafire

in

Dorfetfbije.

Trifanton, Trifantonis portus, Tuefis,

6iZ*Wtncbefler

in

Northum-

Southampton.

Tunnocellum, Tunocellum,
Turobius,

Berwick upon Tweed. Vindonum, Tinmoutb in Northumber- Vindonus,

land.

in Hantfhire.

Vindugleffus,
in

Vandelet in the Bifhoprick

The River Tcivi

Wales.

of "Durham.

Vire^inum, Virecium,
KViridis finus,

Wroicefflr lnbro)jliire.
tfireenwicb.
I

V.

Virofidum,
Vitrea infula,

Werewick
fiatlijle

upon Eden near

in Cumberland.

Glajlonbury

in

Semtrftt-

m''
Selfey.

dhrum, VAdum

pul-

Fairford
fblte.

in

Gloucester- Vituli infula,

Ulmotum,

Elmefly in Torkfh:re.

Vaga

flu.

The River
fordjhire.

Wye

in

Here-

Umber

flu.

The flii^rHumbcrmYorkfhirc.

Vagniacz,

Wrotbam

Vagniacum.
Vallis aurca,

Voldia, in Kent. Voliba, MaidJIone Golden Vale in Hereford- Voluba,

Jbire.

in Kent.

Cotfwold in Gloucejlerjbire.

Bodmyn. Falmouth in Cornwall.

Vallis cruris,

The Vale

oftbeCrofs in

Volucrum domus, Den- Vorcda,

[Uni vallis,

Fulbam in Middlefex. Old Peritb in Cumberland.

Jorval in
Torkfbire.

bighfliirc.

Ufoconna,

P.

A
Ufoconna, Uxela,
Uzclla,

Table of the
Lejlythiell

Names
Wctha,

of Places-, &c.
The
Wight according Malmsbury. Wickham in Buckingham
Ifle

Okenyate in Sbroppire.
Crekehorn-well. in Cornwall.

to

W.

of

Wichcombia,
Wichutn, Wicciaj

TJzela acftuarium,

Juelmouth in

Somerfetflure.

foire.

Wich

in

Worcejlerfbire.

Worceflerflrire.

w.
in

Wigornia,
VViitonia,

Worcejler City.

Wiltpire.

Wimundhamia
Waldena, WAkefeldia,
Wallia,
Yorkfliire. Wakefield Saffron-Walden in EJfex. Wales.

Wara,
Wantficana provincia,

The Town of Ware in

fordshire.

Winburna, Wincelcumba, Winchelcumba, Hert- Windefora,

Windlefbra, Windeforia,
Witlefia,

Wimundham in Norfolk. Wmburne in Dorfetjhire.

Winchcombe
S'ire.

in

Gloucefler-

>

Wind/or in Berkfhire.
Wittlefey in Huntingdonpire

Warwickshire.

Warwici Comitat.
VViabieia,

Weobly
shire.

Town

in

Hereford-

Y.
Tare in Torkfake.

Well*, VVentana civitas,

Wcftberia,

Wells City in Somerfetfnire.

Winchejler City.

YArum, Yarienis,
Garienus,

Weftbury near
Weflmorland.

BripU

Tare River in Norfolk.

Wcftmaria,
Weftraoria,

Yarmuchia, Jernmuthia,

Weftmorlandia, Weftmonafterium,

Garanonum,
Wejlminfter City.

Tarmoutb in Norfolk.

Garienis oftium,

l/h it

/T

#J/s

ex-

7^

a^t-

fy *i*a/

^^^i*.

'^%u ~^&w~ ^*4 <^4 ["UU*pi *f*

w/

*0

.^^*^*^^r

p^ ftp*
r

fif <*q#.

v+yv

n
*-t-

&U

AA A.

^ M A. i~.

***!

-7

An

of antient Surnames, Alphabetical as they are written in old Records

A.
de AlditheleLi

TABLE
firft

Cinomannicus.
de Clivo
forti.

Maine.
Clifford.

was the

Lord

HEnricui de Alneto.
de Albo

Audhy.

de Campania. de Columbariis.

Monafkerio.

Dauncy. Whitchurch.

de Alta ripa. Dantry. de Aijua frifca. Frelhwater.

Aquapontanus. Bridgwater. Johannes Avenins. John of Northampton.

Champncii. Columberj. de ConduSu. Chcnduit. de Corvo Spina. Crowthorn. de Cafineto & Chaifneto. Chcdney, Cheney. de Campo Florida. Chamflcur. Henry de Campo Florida was Sheriff of Dorfetjhire. 19 Hen. 3.
Capel.

de Capetta.

Ala

Catnpi.

Aurifaber. land,

Wingheld. Orfcur, an antient

Name

in Cumber-

de Calvo monte. Chaumond. de Camera. Chambers.

de Clarifagio. de Cctnubia.

Clerfay.

de Aucc. Owe. de Alba Maria. Albemarle. Hall. de Aula. de Arida YiUa. Dryton or Drydon. Guldcford. de Aureo Vado.
de Aratbus. de Albeneio.

Corncwayle.
Caftlemain.

de Cafiello magna.

D.
D'Aynecuria, or Daincutiepfs.

&> Albrea. Aubrey. Bowes. D'Aubency, Albincy. de AJurni portu. Etherington.

Albericut

Dain-

court WlUielmus

Drogo. (Sax.) Drew. de David villa. D'aiville, D'cyvillc.

B.
de BenefacTts.

deDoito, (Fr.Doet.) Brooke. Dutchtius. Doughty.

Difpenfator.

Benficld.

de Diva,

Lc Defpcnccr, Spencer. Dive, Dives.

Blaunpain, Richard**

al. Blancpain. Bois. de Bofco. de Bella fide. Beaufoy. Bourchier. de Burgo charo.

Whitcbrcad.

de

de Beth

loco.

de Belto foco.

Bcaulieu. Beaufeu.

6 THo.Johannis.
Eafierlingus. Extranet's.

EnntUt

Sheriff

of Salop?

$
D'Evreux,

E ... JSrucne.

de Ebrovis G de Ebrois.

de Bella Marifco. de Bofco Roardi.

Bcaumarft. Borhard.

Stradling.

de Bellofago.
de Bhfievilla.

Beaufo.
Blovilc, Blofcild,

de Ericeto.

L* Eftrange. Briewer.
F.
de Font* auftrall South wel.

de de de de

Bella Campo. Bella monte.

Bcauchamp. Beaumont.
Bovil.
de Fonte RAdulphut limpido. de Ftliceto.
this

Bovis villa. Bella aqua

Bellc^V

Sherburn.

de Bella prato. Beaupre. de Buliaco. Bufli, Buffey.

Fernham.
Foulis.

founded Blytb-Abby.
Benevolus.

One of Anno 1088.

Name

de Faliii.

Bcnlows.
Bellafifc.

de Bella fitu. de Bona villa.

de Bono Fajfato.

Bonevil.

Frefcobumus. Frefhburne. de FluBibus. Flood. de Fantibus. Welles. de Faffa nova. Newdikc.

de Frifca villa. Filius Guidonis.

Goodrick.

Frctchevile. Fitzwith.

de Fonte Ebrardi. Fonteverard. de Fraxino. Frene, Afhe,

RObertus

de Cbauris

Godfliall. de Cafa Lei. Chaworth. Cadurcis.

FUvus.

&

Blund, Blount.

Clermont. de Clan Monte. Cantlou. de Cantilupo. Creithorne. de Curva Spina. de Claris vallibus. Clarival.
de Capricuria &> de Capreolocuria. Carclicu. de Caro h:o.

de Ferrariis. Ferrers. de Fago. Beech and Bcecher.

de Forti fcuto.

Fortefcu.

Chcvcrcourt.
de

Grana

villa.

Grenvile.

de

Campo

Arnulphi.

Champernoun.

Crcveccur. de Crepito corde. de Cerafo. Cherry.

Cunetius.

JOhannes de

de Grentemaifnillo.
Gr.ffo vena tore.

de Guntberi fyha.

Grofvenor. Gunter.

Kenct.

Giovanus.

Young.

Ctqq

A TAB LE
Grifmor.d. de Grrffo monte. Gencvil. de Geneva.
de de Grandi
Getiiflelo. villa.

of antient
de

SuRN ames.
terra.

Mala

Mauland.

Medicus.
de

Leech.

Bromneld.
Granvilc.

Macer. Le Mey're. Malis Manibus. Malmains. de Monte.

de de

H.

Monte AtjuiU. Monte Revelli.

Venator.

Mounteagle.
Grofvenor.

de Hofiito. Hofe, Hufley. have fcen Johannes Ufus Mare in Latin, for John Huffey.

Ofat us
I

&

Magnus

de Montibus.

N.
de

.1-

Nova

villa.

Nevil,

J'Obannes de
Jodocus.

Lifle. de Infula. Liflcbone. de Infula bona.

de Novo Gllbertus

mercatu.

Newmarch.

Infula fontis.

Lilburne.

de Nodariis. Nowrcs. de Novo burgo. Newburgh. de

Joice.

Nova

terra.

Ncwland.
P.
ft

K.

lllielmus de Kaineto

alias Caineto

> Keynes.

de pede planco.

Pauncefot.

de Puteaco. GRimb.xldus
de Pavilidro

L.
de
de Lata RLardus

Pavefcy. Peyto. de Petra ponte. Picrpont, vul Perpoint.

de PiBavia.
de Peccato. de Palude. de Precariit.

& Pauliaco.

Pumc,

vulgo Putfey.

Longa fpata.

Longfpee.

Bradfeild. campo. de Longo campoLongchamp.

Pcchc, vul. Pecke. Puddle, Mar/h.

Purcell. Praers. Littleton.

de Longo prato.

Longmcde.

de Porcellis.
de Praeriis.

Woolf, Love, Loo. Lovet, Lovcl. Lupellus. de Laga. Lee, Lea and Leigh. Lecha. Leke. de Leica
Lupus.

de

Parva

villa.

Parmentarius.
de Periis.

&

Taylor.
Fairfax.

de Liforiis. de Loglis.

Lijurs, Lifors.

de Pulchro Capellitio.

Lodge. Laurentii films. Lawfon. Bradford. de Lato vado.

ad Pontem.
Pelliparius.

Paunton.
Plantagenet. Skinner.

de Plantageneta.

M.
de Maneriis. de MineriU. ROgerus

Le Poure. Power. Perrers. de Perrariis.

de Pafcuo lapidojb.

Stanley.

Manners.

Miners.
F.ornardus de Querceto.
t
</

Marfli. de Marifco. de Malo lacu. Mauley. Mortimer. de Mortuo marl.

de

Quinciato.

Cheney. Quincy.

Monte

Canifto.

Montchenfey.

de Monajiertis. Mufters. Mews. de Melfa. Monthermcr. de Monte Hermerii. de de

R.
'

de

Rupe

forti.

Rochfort.

Monte fixo. Montfichet. de Monte Monte peffons, fon, vulgo Mompeffon.

&

de Rubra ARnoldus

Spatba.

Rofpear, Roufpee, Rooper,

.Rivers.

pejjulano.

Montpef-

Roper.
de Redveriis,
de Rupe.

QP de

Ripariis.

de Molendinis.

Molines.

Roche, Rock.

Moigne, Monk. Malus lupellus. Maulovcl, Mallovel. de Monte Jovis, de Monte gaudii. Montjoy. Middleton. de Media villa. de Malo pajfu. Malpas.
Monachus.
Malecondu&us,
de de
de

Reynolds. Reginaldus. Radcliff. de Rubro clivo.

de

Rubra manu.

Redmain-

de Regencia.

Raleigh.

Monte

alto.

malo conduBu. Malduit. Montalc, or Moald.

vel de

Rous. Rufus. CutcliiF. de Rupe fciffa. Wheeler. Rotarius.

de Rico Mont(,

Malleon. Monte begonis. Montbegon. Malus leporarius. Malevcrer.

hone.

Malo

Richmond.

de Mufco campo. Mufchamp. de Micenis. Mefchines.

de Scalariis.

Scales.

Marci vallibus. Martival. Maine. de Meduana. Montforr. de Monte forti. ad Murum. Walton.
de

de SanBo GAlfridus Mauro. de Sacro fonte. de Sicca villa.

Seymour

Holybrook.

Malus catulus. Malchcin, vulgo Machcl. Malvifin. de Malo vifu.

Sackvilc. Salvcin. de Salicofa vena. de SanBo Laudo. Senlo.

de Spineto.
Sagittarius.

Spine.

Archer.
de

A TABLE
de

of anticnt

Surnames.
de Turpi
vadc,

SanBa

terra.

Holylund.

de Sacra Cjuer.u. Holy oak. de SanBa Clara. Senclecr. de Santto Medardo. Scroark.

Fulford.

SanBa Amanda. St. Amond. de SanBo Lizio. Scnliz, Seyton.

de de Sacra fagc. Hollcbcch. de S.infla Ermina. Armine.

de Tankardi HUmfridut dt Turbida villa.

villa.

Tankcrvile, Turbervilc.

Teutonic a s.

Tc ys.
Torcl, Tirrcl.

dtTulka.
de

SanBo Wallerico. St. Wullcrc. de Sali, oft \'.ira. Wilmorc. de Stagno. Poole.
de de Salchavilta. SulkclJ. de Sancio Vedaflo. Poller. de Stipite De la Zolich. fi co. de de

Tokc. Tuke. Tanaia. Taney.

dt }arva Turn.

de Vallibuj.

Vaux.
Vipont.

de de
de

SanBo Leodegario. St. Legcr, vulgo Sallengcr SanBa Barbara. Senbarb, vulgo Simbcrd. SanBo Petro. Sampler. SanBo Paulo. Sampol. SanBo Lupo- Sentlow.

de Veteri pontt. PEtrus

de Valle.

Wale.

dt Vicariii. Viccarj. dt Valle torta. Vautort. de Villa torta. de Vado bourn.

de Santo Martina. Scmarton. de SanBo Gelafio. Singlis. de Sanffo Audoeno. St. Owen.

Crokcton. Oxford.

Super Tyfam. Surteys. de Salfo Marifio. Saltmarfh. de Sacro bofco. Holywood. de Solariii. Solers. de Salceto. Saucey. de SanBo Alemondo. Salmon. de Saxo ferrate. Ironfton, vulgo Ironxoa.
de Sandwico.

de Urtico. Lorti, Lort. dt Vino falvo. Vine Salf. de Vado faxi. Stanford. dt Veteri aula.
deVillariis.

Oldhall,

Oldham.

Villers.

de Umbrofa quercu.

dt Villa

Dimmock. Magna. Maiidevile.

W.
dt Watelega.

Sandwich.
Sacheverel.

de Saltis CapelU.

Watelcy, Whcatley.

deSyha.

Weld.

MArtinus Wambarfar.Hi.

&

to

FINIS.

BOOKS
I.

lately printed.
General
Hale,
;

N Abridgment of the Common Law: Being

adjudged

and two

in

one of the Cafes, the other of the Principal Matters. Part II. Containing Choice Cafes adjudged and alphabetical Method, under proper Heads, in the Com. Law, in the Reigns of King Charles with feveral Divifions and Numbers under each II. and King fames II. and in the three firft Title, for the more ready finding any Judgment Years of the Reign of their late Majefties King or Refolution of the Law Cafes whereby the William and Queen Mary ; while he was a Judge Opinion and Judgment of the Courts may be in the faid Court; with tffe Pleadings to the fame. fecn in an exact Scries of Time, and what Alte- Alfo feveral Cafes and Pleadings thereupon in the Exchequer-Chamber, upon Writs of Error rations have been made in the Law by fubfequent Statutes and Judgments ; brought clown to the from the King's Bench. Together with many Year 1725. By Wm. Nelfon of the Middle Temple Remarkable and Curious Cafes in the Court of hereunto he added three exat Chancery. Efq; In 3 Vol. Fol. 2. Sir Orl. Bridgman's Conveyances Being fe- Tables ; one of the Cafes, the other of the Prinleft Precedents of Deeds and Inftruments con- cipal Matters, and the third of the Pleadings With the Allowance and Approbation of the Lord cerning the moft confiderable Eftates in England: Drawn and approved by that Honourable Perfon Keeper and all the Judges. The Fourth Imprefin the Time of his Practice ; in 2 Parts. The fion, carefully corrected, with an Addition of feAnd a new veral Thoufands of References, never before 5th Edition with large Additions Table to the Whole. B. the 2d Part may be printed. Fol.
Hall. ntinfier

_/~\. a Collection of the principal Cafes, arin the feveral Courts of Wefigued and

when Lord Chief Baron. With two Tables,

the Exchequer, by Sir Mat.

The whole

being digefted in a clear

9. A General Index to the Common Law ; Or, Tables of all the Cafes printed in the Books of Henry .and Charles Princes of Wales. The 5th Edit. Reports ; Digefted under proper Heads by Way of Reviewed and Corre&cd from the Errors of all Common Place. Containing likewife The Cafes in in the Excheformer Imprefllons ; with an Addition of many in Parliament. Chancery. in the Star-Chamber. in the Court of Thoufands of new References, by Edw. Chilton, quer. in the late of the Middle Temple Elq; with an exat al- Wards. in Dutchy Court. Tabic by an Honourable and Learned the Court of Rcquefts. Court of Augmentaphabetical Hand. Fol. tipns before the Juftices in Eyre, Chamberlain of Cafes decreed in the High Court Chefter, and Court of Delegates. And to render 5. Reports of of Chancery, during the Time Sir Heritage this Work the more Complear, the Names of all Fmcb, afterwards Earl of Nottingham, was Lord the Cafes are reduced into an alphabetical OrChancellor der, whereby any Cafe contained in the feveral Books may cafily be found. I 10. An exact All which Cafes are truly ftated on the Pleadings, Abridgment of all the Statutes in and the Arguments on each Side clearly reported ; Force and Ufe, beginning with Magna Charta, in the ninth Year of together with the Opinion of thofe Judges, who Henry III. and now brought down to the eleventh Year of his prefent Majefate as Affiftants to the Chancellor before he pro nounced his Decrees. fty King George's Reign, alphabetically digefted 6. Reports of Cafes and fpecial Arguments, under their proper Titles, in fix Vol. N. B. The two laft Volumes containing an Abridgment argued and adjudged in the Court of King's Bench, with many marginal Notes and Refe- of the Statutes in King George's Reign may be rences, and two complcat Tables, one of the had alone. 11. Les Terms deli Names of the Cafes, the other of the principal Ley : Or, certain difficult and obfeure Words and Terms of the Common Law Contents. By Sir Barth. Shower Kt. in 2 Vol. of Peyton Ventris Kt. late one and Statutes of this Realm now in Ufe, expound7. The Reports of the Juftices of the Com. Pleas. In two Parts. ed and explained. Corrected and enlarged with Part 1. Containing felect Cafes adjudged in the the Addition of many other Words, particularly Kings Bench, in the Reign of King Charles II. of thole that have been lately introduced into With three Learned Arguments; one in the the Statute Law of Great Britain.

had alone. of Cafes adjudged in the Court of 3. Reports together with feveral fpecial Cafes King's Bench adjudged in the Courts of Chancery, Com. Pleas, and Exchequer; from the Revolution to the tenth Year of Q^ Ann. By Wm. Salkeld late Scr jeant at Law ; with 2 Tables ; the one of the Names of the Cafes, the other of the principal Matters therein contained. In three Vol. 4. The Reports of that Reverend and Learned Judge, the Right Hon. Sir Hen. Hobart Knt. and Bar. Ld. Ch. Jul!, of his Majcfty's Court of Com. Pleas, and Chancellor to both their Highnefles,
;

8. The Clergyman's Law Or, the complete Incumbent Collected from the 39 Articles, Canons, Decrees in Chancery and Exchequer; as alfo from all the Acts of Parliament, and Com. Law Cafes, relating to the Church and Clergy of England, digeftcd under proper Heads for the Benefit of Patrons of Churches, and the parochial Clergy ; and will be Ufeful to all Students and Praaitioncrs of the Law. By Wm. Wat/in, LL. D. late Dean of Battel. The third Edition with
:
-.

large Additions.

King's Bench, by Sir

Fr,

North,

when Attorney

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