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Tous les autres exemplaires originaux sont film6s en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole -♦' signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmte i des taux de reduction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film6 A partir de Tangle sup^rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la methods. errata to pelure, >n A U 32X 1 2 3 1 2 3 4 5 6 <4. A WORD-BOOK 4- FOR STUDENTS OK ENGLISH HISTORY. II Y REV. JOHN dkSOYRES, M. A. {^Formerly Cambridge University Extension Lecturer). r- Second Edition, Revised and Enlarged. ST. JOHN, N. H. J. iS: A. McMiM.AN, Printers, Pihlishkrs, Etc. 1892. **Tliey who would advance in knowledge, and not deceive and swell themselves with a little articulated air, Nhould lay this down as a fundamental relic, not to take words for things, nor suppose that names in books sif^nif'y real entities in nature, unless they can frame clear and distinct ideas of those entities."— Locke, (^'oo- ducl uj' the Undcrstaiidintj. ! Entered according to Act of Parliament of Canada, in the year 1S91 Bv REV. J. deSOYRES, In the Office of the Minister of Agriculture, at Ottawa. / -«t. PREFACE TO THE SECOND EDITION. Wkittkn originally for the i)rivat(.' list* of my students at Queen's College, this little Word-Hook would hardly have aspired to the honours of a second edition. It received the kindly approval of Dr. Stubbs, then Regius Professor of History at Oxford, who furnished a correction of the definition of "Sub- sidy," now embodied in the present issue. The Rev. \V. Wayte (Ii^ditor of the Dictionary of Classical Antiquity^) was good enough to suggest some further amendments, of which full use |ias been made. Ihit with these exceptions the scope of the original work has not been enlarged. To those who have access to good libraries, it will be easy to supplement the hints and outlines furnished here. It is hardly necessary to say that the legal refer- ences in all cases are concerned with English Law. 1 have to acknowledge very gratefully the aid of Mr. G. C. Coster, of St. John, in revising the proofs of the new edition, and the permission to consult the library of the Law Society. St. John, N. /»*., Dec. jo, /S(^/. 4 PREFACE TO THE FIRST EDITION. EvKRV teacher of history knows that his main dif- ficulty with younger pupils is in conveying the mean- ing of technical words antl ideas which are beyond the reach of simple and vivid illustration. So long as the present system of examinations remains in vogue, and a teacher is forced to compress into a term the work for which a year would be hardly suiticient, so long it will i^e physically impossible to repeat defini- tions with sufficient freciuency and variety to ensure comprehension. As far as the words themselves are concerned, there is no difficulty ; and that aggravates the evil because it so frequently conceals it. The most abstruse terms are often readily recollected, new or old forms of orthography accurately observed ; what is wanting is a grasp of the idra, the real thing meant. Some learners, indeed, seem to have sat at the feet of that distinguished " professor extraordin- ary " who said : " Im ganzen — haltet euch an Worte ! Denn eben wo Begriffe fehlen * Da slellt ein Wort zur rechten Zeit sich ein." And in this procedure they are net without example in some of their text-books. It seems, therefore, that some little help may be afforded by a brief glossary of the technical and foreign words most frequently met with. The present work avoids not only the province of the Biographical Dictionary and Gazetteer, but also (as far as possible) that of the Dictionary of Dates, in a few cases, however, facts of history are mentioned (5) PREFACE TO FIRST EDITION. in illustration, although every effort has been made not to add another to the catalogue of cram-hooks, out of which a subject may be " got up " with the least expenditure of labour, and greatest certainty of speedy oblivion. For the more advanced, references are given to the Constitutional Histories of Stubbs, Hallam, and May, where the subjects in (juestion are dealt with at length. An attempt has been made in the Appendix to furnish a brief sketch of the luiglish currency, a subject of great importance in our history, which is too frequently omitted in elementary text- books. Loudon^ /8S2. AUTHORITIES. Amos — Primer of the lui^lisli Constitution and (iov- ernnient. 1877. Hlackstone— Conini. on the Laws of ICngland, ed. Price. iS;;;o. noswoKTH — Anjj[lo-Sax(jn Dictionary. 1S4.S. HouviKR — Law hictionary. 1.S70. Hroom — Constitutional Law. 1S66. JU'KKM.i.— Law Dictionary. 1850. Cow 1:1.1. — Law Dictionary. 1727. Dlcanc.k — G/ossariuni iucdur el iiijimic Latiniiatis. 1772-86. p'oRSVTH — Cases and Opinions in Constitutional Law. 1869. P'kkkman — History of the Norman C(jn(|uest. 1867-76. Hali.am — Europe in the Middle Aji:es. 1856. Hallam — Constitutional History of luigland. 1876. Jacoh— Law Dictionary. 1732. Kei.h AM— Dictionary of the Norman or Old French language. 1776. LiTTRK — Dictionnairc de la Laui*;uc /'raficaisc. 1863-69 Sanders — IVorkrhiicli der dculschen Sprac/ic. 1S66. SvEi.'sw'S— Glossariiiiu arch(Colo^icum. 1664. Stamp —Index to the Statute Law of Kngland. 1862. STinns — Constitutional History of PZngland. [3rd ed. of vol. i., 1880; 2nd ed. of vols. ii. iii., 1877, 1878.] Stuhhs — Select Charters. 1881. Thorpe— Cxlossary to " Ancient Laws and Institutes." 1 841. 'PoMLiNS — Law Dictionary. 1835. (7) T WORD-BOOK OF ENGLISH IIISTOHV. ABBOT (Lat. Abbas, Fr. AbbP, A. S. Abbiul ^. A spiritual lord, having; rule over a religious house or convent. Some were elected, others nominated; some also were mitred, were exempt from the bishop's authority, and had seats in the Council. Coke says there were 27 l*arliamentary Abbots * supported i)y the summons to the Parliament at Winchester in 4 Ed. III. The Monasticon Anglicanuni names : — St. Augustine's, Canter- Evesham bury Croyland Colchester Cirencester Selby Thorpe Hide Winchcombe St. Mary's, York Malmesbury Beaulieu Glastonbury Peterborough Leicester St. Albans Gloucester .St. Edmund's Reading Ramsey St. Henet de Hulme Thornby Westminster Shrewsbury Waltham Abingdon Oseney. ^Co. Litt., 97, (9) . ■- -i=T>i»;auri» lO WORD-BOOK FOR By Stat. 27 Hen. VIII., c. 28, all abbeys and priories not above the value of ;{^2oo per ann. were given to the king ; two years later the re- maining abbots surrendered their houses. ABDICATION {abdicatio) is where a king, njagistrate, or other official person gives up his office before the term of service is expired- It has been distinguished from Resignation as being done simply, while the latter is in favour of some other person. The abdication of James II. was described in the Parliamentary Debates of the lime, and elsewhere, as a desertion, but the House of Commons decided against the word, as implying a possibility of return. (Macaulay, ch. x.) '* AEHORRERS." In the last months of the year 1679, the Earl of Shaftesbury and his party caused addresses and petitions to be sent from all parts of the country, praying for a speedy meeting of Parliament. The court party retorted with counter-addresses, in which ab- hor re7ice was expressed at these attempts to in- terfere with the discretion of the Crown. The two parties gained the nicknames of Petitioners and Abhor rers respectively, which afterwards gave place to those of Whig and Tory. (See Macaulay, ch. ii. ; Hallam, Const. Hist., ch. xii.) ABJURATION {abjaratio) formerly signified a promise by oath to leave the kingdom, but later T STUDENTS OF ENGLISH HISTORY. II was applied personally to the act of disclaiming allegiance to the Pretender. In the reign of Edward the Confessor, and down to Henry VIII., all persons who had committed felony, and had taken refuge in a sanctuary, might, within forty days, make confession to a magis- trate, and " abjure the realm." ABJURATION OATH. By the Act 13 and 14 Will. III. c. 6 (1702), an oath was required of all peers, Members of Parliament, office-holders, &c., by which the claims of the house of wStuart were denied. It received various modifications in the reigns of Anne and George III. and by the Catholic Relief Act, 10 Geo. IV. c. 7 (1829). In 1858, one oath was substituted for the three oaths of Abjuration, Allegiance, and Supremacy. ACCESSORY. Where a man is guilty of a crime, not principally, but by participation, as by command, advice, concealment. They are distinguished as : — (a) Accessories before the fact ; {b) Accessories after the fact. "ACT OF GRACE." An amnesty or pardon granted in 1690 by Wiliam III. and Parliament to all political offenders with a few exceptions, — viz., the surviving members of the Regicide Court, and about 30 of the supporters of James II. {See Macaulay, ch. xv.) ACTS OP PARLIAMENT. Bills which have passed through both Houses of Parliament, and 12 WORD-BOOK FOR have received the royal assent. There is no real distinction between an Act and a Statute. They are referred to by the number of the Sovereign's regnal year, and that of the order in which the royal assent is given in that year. Thus the Habeas Corpiis Act, passed in 1679, is styled 31 Car. II. c. 2, since Charles II. reckoned his reign from the day of his father's execution, and the Act was the second passed in that session. ADALING (A. S. /Ktheling). A nobleman. All original holders of land had this title. After the growth of royalty, it was reserved for those of royal blood, other nobles being called Thegns. {See Stubbs, i. 15 1-2.) AD HOC. For a particular purpose, as an envoy a. h. sent to perform a special function, a con- gress which meets to settle a particular cjuestion. ADMINISTRATION. The present practice of complete ministerial responsibility under the direction of a prime minister was not established before the reign of George I. The word is taken to mean not only the Cabinet, but all other officers of state whose resignation would follow a change of government. {See Cabinet.) ADVENTURERS. {See Merchant Adven- turers.) AFFIRMATION. The solemn affirmation of a STUDENTS OF ENGLISH HISTORY. 13 Quaker was accepted instead of an oath in a Court of Justice by the Act 7 & 8 Will. III. c. 34 (1696). This privilege was extended to Moravians by an Act passed in 1838 ( i & 2 Vict. c. 77 ). The right of others to make af- firmation instead of oath before taking a seat in the House of Commons was decided in the negative in Bradlaugh's case, 1881, but in 1888 an act was passed giving to all persons the right to affirm instead of taking an oath. AID {aiixilium, Fr. aide). ' In general, any subsidy or help in money granted the king. In the Feudal law, not only the king, but any baron might lay an aid upon tenants for the knighting of a son, or marriage of a daughter, or his own ransom. This was repealed by 12 Car. II. c. 24. Taxes were sometimes distinguished as not re- quiring these fixed occasions; both are men- tioned by the famous statute 34 Ed. I. cap. i , which enacts that " no tax or aid shall be im- posed by the king without the authority of Par- liament." {See Stubbs, Consi. Hist.^ i. 577 ; ii. 240, 5170 ALDERMAN {Alderma^mus, A. S. Ealdor- man). Originally a dignity of the highest rank, both hereditary and official, nearly synonymous with that of king. The primitive meaning refers to an "elder." In A. S. C, Cerdic and Cynric are called Ealdormen. After the Hept- archy they were viceroys of Mercia and E. t i i 14 WORD-BOOK FOR Anglia. Spelman mentions in his Glossary the title of Aldermannus toiius Anglics, which was found in an inscription upon the tomb of Ail- winus (femp. Edgar) at Ramsey Abbey, an office equivalent to that of Lord Chief Justice. In the reign of Henry I. we find mention of the Alder- munnus hundredi, a further proof of the grad- ually diminishing dignity connected with the title. Cf. Leg. Hen, I. c. 8 : ** pr^esit autem singulis hominum novenis decimus, et toti simul hundredo unus de melioribus, et vocatur alder- maniuts, qui Dei leges et hominum jura vigilanti studeat observantia promovere." In modern times, the Alderman is a subordinate magistrate elected for six years, and retiring in rotation. {See Stubbs, Const. Hist.^'x. 111-114, 134, 158-60.) ALIEN {Alienns, alieni^end). One living in a country to which he does not belong by birth, unless of parents who are not aliens. The law of England formerly laid exclusive stress upon the place of birth, claiming that all persons born in England remained citizens and subjects during their lives. By the Naturalisation Act of 1870, the position of Aliens is improved; they can own and convey property. A born citizen can also, by the same law, relinquish his citizenship, by naturalisation in another country. . ALLEG^ " ^'CE. Formerly Ligeance {Liq^are). The relav.^u of faith and obedience to the STUDENTS OF ENGLISH HISTORY. 15 «^' sovereign, due from the subject, and dependent upon birth in the country, or naturalisation. ALLODIAL (Alod) are free lands, which are enjoyed without paying any rent, service, or fine. ALOD (A. S.j. An estate which descended from father to son, and which had been granted at the first occupation of the country. No ser- vice was required, but presence when needful in the council and the army. AMBASSADOR {Legatusy Fr. Ambassadeiir). An officer c^ state, sent to a foreign country to represen*^ . own sovereign or republic. Am- bassadors are either ordinary ^ i. e. resident in the country where they are sent, or extraordinary ^ i. e. employed on a particular service. Their persons are sacred on all occasions, and ( with some exceptions) their households also. But Don Pantaleon Sa, the brother of the Portuguese ambassador, was executed for murder, 1651. The immunity of an ambassador from arrest for debt was settled in the case of M. Mathwc'of, the Russian envoy, temp. Queen Anne. ( Vide Martens, Causes Cclebres du Dr. des Gens, 2" serie, i. 2.) ANGYLDE (A. S.). The rate fixed by the law, at which certain injuries were to be paid for, either to person or property. In the former case, it seems equivalent to Wer. The '*angy/de'' 1 i6 WORD-ROOK FOR i seems also to have been the fixed price at which cattle and other goods were received as currency, and appears to have been much higher than the market price or " ceap-gildr (Thorpe.) KSVY^kh {Appelhim ; Fr. Appel), i. The re- moval of a cause from an inferior court or judge to a superior. 2. In the Civil Law it denotes an accusation most commonly, as also in our old law-books generally, e. g. " appeals of treason, of larceny, and of mayhem." APPROPRIATIONS. From the time of the Conquest, the monasteries were enriched by re- ceiving endowment (or appropriation) of prop- erty belonging to parishes, in return for which they were bound to provide for the spiritual wants. At the Reformation these appropriations passed to the Crown, or were granted to laymen, who were called lay-appropriators. {^See Impro- priation.) APPROVER. In Law, one who, while confess- ing felony committed by himself, accuses others as accomplices. But in early times we find the name applied to certain overseers, as in the statute 2 Ed. III. 12, approvers are sent into counties to increase the farms of hundreds. ARCHBISHOP. A title of dignity in the Church, first used in the fourth century, and found in the British Church (Caerleon ) before the coming of Augustine. On consecration they received from T iti STUDENTS OF ENGLISH HISTORY. 17 the Pope the pallium {see Pallium). The See of Canterbury was founded at the end of the sixth century; that of York in 627. Both Archbishops have courts, with an appeal to the Privy Council. (Stubbs, Co7ist, Hist., i. 221 ; Bright, E. li. Ch. Hist., p, 93.) ARCHDEACON. An ecclesiastical title unknown in England before the end of the 8th century. Wilfred was mentioned as Archdeacon of Can- terbury anno 798 (Le Neve, i. 36). The ter- ritorial division of Archdeaconries did not take place until after the Conquest. Their duties are to assist the bishop in the supervision of the diocese. ARRAIGN {arranger, al. arraisonner, in Norm, aresnes and aresenez). To call to ac- count before the law. A prisoner is arraii>ned when he is indicted and brought to trial. ARREST: (a) the seizure of a man's person by the law; [b) ''arrest of judgment," its sus- pension upon showing proof of some material defect in the process. ASSAY (/. e. of weights and measures) : their examination by clerks of markets or other in- spectors. ASSAYER " of the king" : an officer of the mint, who presided over the trial of silver. ASSEMBLY OF DIVINES, sometimes called i8 WORD-nOOK FOR the " Westminster Assembly,'* consisted of 130 divines, who met at the desire of Parliament in 1643, for the purpose of settling the religious affairs of the nation. Meetings lasted until the dissolution of the Long Parliament, in 1653. ASSESSMENT. A valuation made by author-- ised persons, according to their discretion, as opposed to a sum paid by law (Blackstone). For instance, if a person neglects to make a statement of his income for the purpose of pay- ing the income-tax on it, it will be assessed at the judgment of the surveyor. ASSIENTO. A contract to supply slaves for the plantations in America, originally entered into between the Emperor Charles V. and the Flemings ; later between France and Spain. By the 1 2th article of the treaty of Utrecht (17 13) F^ngland took the place of France, relinquishing it finally in 1750, for an indemnity of ;^ioo,ooo. ASSIZE (Fr. assis) is defined in the older law books as an assembly of knights, and other sub- stantial men, with the justice, at place and time appointed, for the making and publication of laws. Gradually, it was associated with the commission given to the judges to try offenders in the different counties by circuits, although the older meaning is still preserved in such terms as the ** Assize of Btead^' mentioned in the statute I Vict. c. 38 C1837). Cx STUDENTS OF ENGLISH HISTORY. 19 > V ASSOILZIE (Absolvere ; old Fr. assoiler : and many other forms). A term of Scotch law, meaning to acquit — declare innocent. ATHELBY ) Name for the parent-village ATHELHAM ) in the Mark system. ( Stubbs, dm si. Hist.y i. 52.) ATTAINDER {Aifi7tji>crc, to reach the crim- inal) is when a man commits treason, &c., and, after conviction, sentence is passed on him. Acts of attainder of criminals have been passed in several reigns, on the discovery of plots, from the reign of Charles II., when an Act was passed for the attainder of the regi- cides. In the reign of William III., the act of attainting Sir John Fenwick is notable, since only one witness appeared against him, although a recent statute (7 & 8 Will. III., c. 3) required two witnesses. But the circumstances of the case greatly modify the apparent injustice. A person attainted of high treason forfeited all his prop- erty, but this was abolished in 1833, by 3 & 4 Will. IV. c. 106. {See Hallam, Co7ist. Hist., iii. 160; Impeachment and Treason iiifra.) ATTORNEY means, strictly, a person ap- pointed by another man to do something in his place. The Stat, of Westminster (1285) grants to all the power of appointing an attorney. Now used to mean a member of the lower branch of the law, sometimes called " solicitor." 2() \VORU-B(.)()K I OR The Attorney-General is the chief legal adviser of the Crown ; his ofifice {attoriiatus rents') is mentioned first in 1278. i Scc Foss, Judges of EngL, iii. 45.) The old nieaiung survives in the phrase " Power of Attorney." BAIL ( /)(i//iH?n : old I''r. hailhr), the settinj:;: at liberty of some one arrested on a civil or criminal charge, upon his giving surety for his aj^pearance to stand his trial. BAILIFF. An office which in early times seems to have been used with the meaning of sheriff, and is another instance of the diminu- tion of the old official posts of local gov^ernment. In Magna Carta, c. 28, the word ballivMS ^^n^rw^ to include sheriffs as well as bailiffs of hundreds. At the present day, the bailiff is chiefly employed to serve writs, and in other inferior legal func- tions. BAN. A proclamation or public notice, by which a thing is commanded or forbidden. The only modern survival is in the publication of /'a7is of marriage, by which all present are com- manded to declare, if they know any cause which should hinder the marriage in question. BANISHMENT. ^Bannissemcnt), or exile, a forced departure from the kingdom, and equiva- lent to civil death. By Magna Carta, c. 39, " no one should be outlawed or banished but by law- STTDKNTS OF KNCMJSH HISTORY. 21 / ._L i fill judgment of his peers, or according to the law of the land." BARON { Baro), exi)hiined in early laws as " vassai/its capifalis,'' and is equivalent to A. S. Thcyn. A term of rank, which comprises not only the greatest lords, but all who held directly of the Crown. (" Baro pro simplici magnate hodie notissimum, sed non pari ubique con- sideratione." — Spklmax.) It received a second and particular application to the lowest order of the peerage (Rracton, i. 8), which is now the exclusive meaning. In the reign of John it was first enacted that only the greater barons should attend Parliament, and this was followed by the grant of Letters patent, conveying the title and rank to their heirs. There were also Barons by office, such as the Barons of the Exchecjuer, but the recent unification of our Courts has abol- ished the distinction. BARONET. A hereditary dignity instituted by James I., in 1611, as a means of raising money. It ranks beneath the peerage, and above knight- hood. BARRISTERS. Lawyers empowered to plead in the courts, originally ** apprentices to the law." first appointed in the year 1292. '^See Serjeant and Inns of Court.) BASILEUS. (^ao-iA€i.9). A title found in sev- eral of our early historical documents, applied 22 WORD-BOOK I' UK to kin^s of Knji^land. F'or instance : " cf^o lidi^ar totius Auirlitv basilcus C07ijir7navi, &c'' It is found in Wm. Malm., Hoveden, Matt. Paris, and otlu-T writers. BENEFICE. (I>(U(]/iciH7n). Any post or pro- motion in the Church granted for hfe and not for a term of years or at will. BENEFICIARY SYSTEM {Bnicficium). One of the principles upon which the Feudal system was based. "It originated partly in the gifts of lands made by kings to their followers, in return for a pledge of fidelity ; })artly in the surrender by landowners of their estates to powerful men, to be received back again and held by them as tenants for rent or service." (Stubbs, Const. Hist., i. 252-3.) — Sec COMMEND.VTION. BENEFIT OF CLERGY, often mentioned as " clergy,'' was a privilege claimed and granted in the earliest times by the Church of being exempted from lay jurisdiction. To obtain it, it was necessary to give proof that the accused per- son could read, and if the judge certified legit id clericus, even in case of felony, he escaped with branding. '* At one sessions they hanged eighteen moss-troopers for not reading sicut clerici (North's Life of Gtiildford), A peer might plead clergy, and was not branded. Clergy was denied in case of certain offences by statute : and never permitted to Jews, Turks, STUDENTS or EN(iLISH HISTORY. n and Infidels. Women were also excluded before the reign of Will, ik Mary. ( Stubbs, iii. 341 ). The Duchess of Kingston claimed this benefit when convicted of bigamy temj). George 11. BENEVOLENCE. A voluntary gift from the subjects to the king, first expressly mentioned in the times of Mdward IV., and in ail Act of Par- liament later (II Menry V^II. c. 10) granted to meet expense of wars. The last historical in- stance was in the reign of ("harles II. (13 Car. II. c. 4). when a similar grant was made, but with the proviso that it should not be drawn into a precedent. BILL {Billa). A word which has many mean- ings in the practice of the law, such as the "true bill," which is said to be found by the grand jury when they send a prisoner for trial ; the declaration of a case, used in certain of the courts ; and the document ex[)ressing an en- gagement for money given by one man to an- other. In Parliamentary proceedings it signifies the draft or words of a proposed law, belore it has been passed by the two Houses, and has received the Sovereign's assent. " BIRMINGHAMS." A nickname bestowed on the opponents of the Court in 1680. {See Peti- tioners.) It seems to have referred to the spurious coins issued at Birmingham. (Mac- aulay, chaps, ii., iii.) Hence, perhaps, the epi- 24 WORD-BOOK FOR i thet ** Brummagem." in the sense of something not genuine. BISHOP ( EpiscopHS ; Y\\ n'rqiu\) The chief of the clergy in a diocese, and the suffragan or assist- ant of the archbishopr In England the king sends a conge d^'clirc addressed to the cathedral clic?pter, permitting them to elect a person named; should they neglect to obey within twenty days, they incur the penalty of a prccnmnire ; and then the sovereign would nominate by letters patent. (25 Hen. VIII. c. 20.) On due election being made, the royal consent is given, and consecra- tion follows. The bishop's powers are: i. Or- dination of clergy; 2, jurisdiction in his see; 3, administration of his revenues. Of the English bishops, twenty-four hold baronies, and sit in the House of Lords, as before in the Witan and council. BISSEXTILE. Leap-year, the insertion of a day in the month of Eebruary, every fourth year. First introduced by Julius Caesar. It is enacted by a statute 21 Henry III. that the 28th and 29th of February shall count but as one day in law. Repealed by 42 and 43 Vic, c. 59. '' BLACK ACT." The name given to a statute passed in the reign of George I. (9 Geo. I. cap. 22), by which a great number of offences, in- cluding deer-stealing, arson, sending anonymous letters, demanding money, &c., were made felony without benefit of clergy. STUDENTS OF ENGLISH HISTORY. 25 BLACK-MAIL. A certain payment, in money or l:ind, anciently paid in the north of Kngland to purchase freedom or protection from border- robbers called moss-troopers. These robbers are the subject of several statutes as late as the reign of Charles II. ' Cf. iS Car. II. c. 3). BLODWITE (A. S.) {Forisfaciura sano;uinis). The fine imposed for drawing" blood by wound or blow ; reckoned among the minor penalties. If the criminal was not discovered, the place was answerable. The king could grant exemption from this responsibility. Jacob quotes an in- stance of a grant by Henry II. BOC-LAND(A. S.). Land held by book or charter, which had been severed by an act of government Irom the folc-land, and converted into an estate of perpetual inheritance. ( Thorpe.) It might belong to the king, the Church, or a subject, and could be alienated by sale or be- quest, unless stipulation to the contrary existed. It could be forfeited for various crimes. Before the introduction of writing, it was conferred by the deli\^ery of a staff, a spear, an arrow, a branch of a tree, or a j)iece of turf; and when the donation was to the Church, these symbolical representations of the gift were deposited on the altar. There are traces of this as late as the time of the Conqueror. Boc-Iand was exempt from all service except the so. called tr'niodo necessitas. (Stubbs, Const. Ilist., i. 76.) 26 WORD-HOOK 1-OR BORH (A. S.). A surety (Lat. plegiuni), with its compounds borh-bryce, failure of surety, either on the part of giver or receiver ; borh- wedd, a pledge, cS:c. BOROUGH {Jhirous, Fr. bourg, A.S.burk). A corporate town, which sends representatives to Parliament, but is not a city {sec City). The original name implies fortification. BOROUGH-ENGLISH. A custom in some an- cient boroughs, by which estates descended to {he yo2/7/j^rs} son, or, if the owner had no issue, to his younger brother. BRETWALDA. A title bestowed on, or claimed by, certain of the earlier kings. Bede (//. E., ii. 5) names seven kings who had pre-eminence ; the A. S. C. ( anno 827 ) mentions them also with the title of Brchcalda. Although a charter of Athelstan, written in both languages, renders the word rex tot ins Britanvicc^ it is probable that the title conferred no real power over the other English kingdoms. {See Stubbs, Const. Hist., i. 162, 3; Freeman, // N. C, vol. i., App. B.) BURGESS {Btirgenses : Fr. bourgeois). A word used in a twofold sense: i, as denoting any inhabitant of a borough in enjo)'ment of its full privileges ; 2, more frequently, its repre- sentatives in l^uiiament, as in the statute 9 Anne, cap. 7, which enacted that no man was STUDENTS OF ENGLISH HISTORY. 27 ir . qualified for election as a biirircss, unless pos- sessed of an estate ol /^30o a year. BURGLARY. The act of breaking into a man's house at nioht-time, intendinj^ to commit a felony. BURH < A. S.). {See Borough.) BURH-BOT (A. S.). One of the necessary ser- vices comprised in the trinoda neccssitas {vide infra), namely, the duty of keepinj^ the fortresses in a fit state of defence. BURH-BRYCE (A.^ S.j. The violation of a man's castle or dwelling ; also the fine for such a violation. This was one of the rights of the Crown. , . BY-LAWS. Laws which do not affect the com- munity at large, but only the members of a cor- poration, the inhabitants of a town or district, the travellers by a railroad, or other conveyance, &c. The power of making by-laws is included in the privilege of incorporation. CABAL. " During some years the word Cabal was popularly used as synonymous with Cabinet {^See Cabinet). But it happened by a whim- sical coincidence that, in 1671, the Cabinet con- sisted of five persons, the initial letters of whose names made up the word Cabal : Clifford, Ash- ley, Buckingham, Arlington, and Lauderdale. These ministers were therefore emphatically 28 WORD- ROOK FOR I I \i hi called TAc Cabal : and they soon made that ap- pellation so infamous, that it has never since their time been used except as a term of reproach." (Macaulay, Hist, of /"V/.i/., ch. ii.) CABINET. From earliest times the kinirs of England had been assisted by a Council, spec- ially defined as Privy Council, when the (ireat Council of the Nation assumed the title of Par- liament. By degrees it was found too unwieldy for the purposes of business, and an inner circle of confidential ministers really exercised power. and now is recognized as an essential j)art of the machinery of state. But it has no recognition in any Act of Parliament, nor are records of its meetings and resolutions preserved. The min- isters who at present usually occupy seats in the English Cabinet, are : — President of the Coun- cil Lord Privy Seal First Lord of Admi- ralty Secretary for War President of Board of Trade Secretary for India Some other offices, such as that of Postmaster- General, Chief Secretary for Ireland, and Clian- cellor of the Duchy of Lancaster, occasionally are accompanied by a seat in the Cabinet. First Lord of the Treasury Chancellor of the Fix- chequer Lord High Chancellor Home Secretary Foreign Secretary Colonial Secretary STUDENTS or ENGLISH HISTORY. 29 CALENDAR, i. The list of the prisoners in the custody of each particular sheriff For- merly, in the case of a capital conviction and sentence at the Assizes, it was the custom of the judge to endorse the Calendar, opposite the prisoner's name, with the abbreviation stcs. per coll., for siispendatur pfv colhwi. 2. The divi- sion of the year into months, weeks, and days. {See New Style.) CANDLEMAS, or the Feast of the Purification of the Virgin Mary, the second of F'ebruary. Called Candlemas or a " Mass of Candles," be- cause before mass was said that day, the Church set apart and consecrated candles for the whole year. CANON. I. (Kttvwi/) A law or ordinance of the Church. 2. {canonicus) One of the chief officers in a cathedral body or chapter. CANON LAW. A collection of Church Laws. The Roman Canon Law was never accepted as a whole in England, but only portions called the Legatine or Provincial Constitutions, which had been enacted or confirmed in national synods. In 1604 a number of canons were accepted by Convocation, but did not receive the assent of Parliament. Another body of canons made by Convocation in 1640 was voted unlawful by the House of Commons. They are not observed at the present day. 30 WORD-BOOK FOR V CARUCA6E. (CarnicUy Si plough.) A tribute imposed on every " carucate" of land, an extent generally reckoned as loo acres. The Carucagc of 1 198 was rated at five shillings, and it was in effect a revival of the Danegelt. CEAP-GILD (A. S.). A word very similar in meaning to angylde, and signifying " market- price." Is used in A. vS. laws to describe the rate at which members oi frith-gilds were re- compensed for lost property. CEORL (A. S.j. A freeman of lowest rank, a hvy-liindc man, v ill amis, 8 n.ty. The office at £^ I iT u ^'"""ution of i" the rei^n of Hennl'was .n ^'' '^'^t''^^^^'^^' lawand in that of Henrv 11 .^'.'''^^'-'d with the of Lngland." The I ' r t'^"'^'^, " Chancellor ^---eat Seal. Son,etLes the ^', •'''"■^^^' o'' ^'e an othcial called the ord k' " ^'""-"sted to =>" the power of the Ch^,?^?f' ' ^''^ P°-^«'-'««e« same rank. Chancellor, without the CHANCERY (Court of) -r, Chancellor, in which Corn erlv thfi "•"''' "'' the .based on the system of ^ f decisions were Junes (see EyuzTV). RecenX ''.' f '' ^'tho'it practically abolished all diftlf' ' ' '"''"S^^^ have courts. ^" aineience between the CHAPTER (Cap//u/»;;A Tl Cathedral or co]l4\a e chun-l '"""^■'■' "'' ^' dean and canons. Dm^nfa't^'; comprising ,h,. he diocese, but the iurisdi,,;' ''^'■'"'^^>;- 't governs '"«hop and the chai.te ni "' ''"^^■^'" the dependen, upon thUust,::^;;-,:;^,^;-^; 32 WORH-ROOK FOR CHARTER (Charta; Kr. chartrcs). Strictly, any written evidence of things done between man and man ; but more usually taken to mean documents conveying a grant of property, or liberties, from the Sovereign to a corporation or individual subject. CHIMNEY-TAX. A tax levied in 1662, by the Act 13 & 14 Car. II., c. 10. It was very much disliked, and was repealed in 1689, by i Will. cS: Mary, c. 10. {Sec Hkarth-monev.) CHIVALRY. In law, means holding lands by '* knight service." The general or popular meaning refers to the customs prevalent in the ages of the Crusades and next succeeding cen- turies, with regard to the nature and obligations of military honour. CIRCUIT. Certain divisions of the kingdom appointed for the Judges to go, twice a year, to try prisoners or civil causes in the counties. CIRCUMSPECTE AGATIS. A writ, sometimes described as a statute (but cf Stubbs, Const. Hist., iv. 1 19), instituted in 1285 by Edw. I., with the object of defining the jurisdiction of spiritual courts. It recognised the right of the church courts to deal with pleas on oflences, such as neglect to pay tithes, injury to churches, perjury, and defamation. CITATION. A summons to appear, specially used with reference to the spiritual courts. STUDENTS OF ENGLISH HISTORY. 33 s I/. y ^ CITY (civitas). The difference between the meaning of toum and city is not satisfactorily settled, but the latter name in England is gen- erally applied to a town-corporate which pos- sesses a bishop and a cathedral church. CIVIL LIST. Up to the time of the Restora- tion, all the expenses of government, including military charges, were defrayed by the royal revenue. The latter were then separately dealt with by vote of Parliament, and the money granted for ordinary purposes was called the * Civil List. Oueen Victoria surrendered the hereditary revenues of the Crown for an income of ^385,000, all expenses of government being paid by annual vote of the House of Commons. COMITATUS. A body of warlike companions, who followed the king or military leader, and lived with him in time of peace. {^See Gesyth, and Stubbs, Const, Hist., i. 24. COMMENDATION. " The practice of the in- ferior putting himself under the protection of a lord, and doing homage. The typical act was the placing of his hands between those of his lord." (Stubbs, Const. Hist., i. 253. See Beneficiary System.) COMMISSION. In addition to several more strictly legal meanings, this word is used to de- note the handing over the duties of a great office, such as that of the Lord Treasurer or B 34 WORD-BOOK FOR Chancellor to certain subordinate officials, there- by putting the office into commissioji. At the death of Lord Southampton in 1667, this was done with the Treasury, and it has been fre- quently the case with the Great Seal, the Chief Commissioner then being styled Lord Keeper. COMPURGATION. The privilege of escaping the ordeal by obtaining the oaths of certain free men in favour of the accused person. Their number varied according to the nature of the crime, or the importance of the subject in dis- pute. {^See Stubbs, Sel. Ch., p. 61.) CONGE D'ELIRE. (^(?^ Bishop.) CONSISTORY. A tribunal or court; mainly used for the court belonging to each archbishop and bishop, though sometimes as describing a meeting or council. CONSTABLE. {Comes Stabuli) — m2iS\.ev of the horse, i. Lord Hi^h Cojistable, a very ancient order of great dignity which was in- herited before the reign of Henry IV., then given for life, and on the attainder of the Duke of Buckingham, anno 13 Hen. VHL, became forfeited to the Crown, and has never since been granted except at coronations, to enhance the dignity of the occasion. 2. Petty Constable, officer of the common law, whose duty it is to prevent breaches of the peace, and to arrest malefactors. *m STUDENTS OF ENGLISH HISTORY. 35 CONSUL. In modern times denotes the officer sent to reside in a foreij^n country to protect the commercial interests of his own. If an ambas- sador or envoy from the country also resides there, the consul is subject to him. CONTEMPT (of Court). Disobedience to the rules and orders of a court, which can be pun- ished by immediate imprisonment until obed- ience is promised, or, technically, " contempt is purged." CONVENTICLE. A private assembly for the exercise of religion, a word employed chiefly in the 17th century (although in earlier statutes, 2 Hen. IV. c. 15; i Hen. VI. c. 3), and especially in two Acts of Charles II., (16 Car. II. c. 4. and 22 Car, II. c. i), the former of which declared that all conveyiticles were to be suppressed, and the latter imposed various penalties upon all persons above the age of sixteen, who should attend such meetings These Acts were vir- tually repealed by i Will. & Mary, c. 18. • CONVOCATION. The assembly of all the Clergy of England to consult about the affairs of the Church. There are two provinces, Can- terbury and York, and each has its upper and lower house. Convocation was summoned originally to levy tax on Church property, and formerly received this function in 1295 by royal 36 WORD-BOOK FOR authority. In 17 17 it ceased to meet until re- vived in 1854. COPYHOLD. A tenure of land, inferior to freehold, by which the tenant has only the copy of the* memorial rolls as his title. CORONER ( Coronator). A very ancient officer of the realm. The office is mentioned in a charter of Athelstan's, anno 925. The duties were various in earlier times, embracing ail those of the sheriff when absent or incapable. After the statute dc officio coronator is (4 Kd. I.,) the sphere of the coroner was restricted to taking inquests in the case of violent deaths. He is empowered to summon a jury, to take evidence on oath, and to commit to prison. The verdict of the jury has to be returned to the justices of the next gaol delivery. It is to be noted that, by the common law of England, no coroner's inquest can be held except super visum corporis, on sight of the body. CORPORATION. A joining together of many persons into one fellowship for the purpose of legal continuance and action. By legal fiction there are some corporations sole, consisting of a single person, as a King, Bishop, &c. But the usual division is in corporations lay and ecclesi- astic aL They are created by prescription, charter or letters patent, and Act of Parliament. The city of London is an instance of existence r~> STUDENTS OF ENGLISH HISTORY. 37 by prescription. Corporations can be dissolved upon the writ ^uo warranto (see Quo War- ranto), by surrender, or by Act of Parliament. COURT (Ctcria), Meant originally the king's palace, and then the |)art of it in which justice was administered. The curia regis accom- panied the king's household, and its meetings were usually at Christmas, Easter, and Whit- suntide. By Magna Carta, S 17, the first fixed court was appointed ; the whole system was reformed by Henry II. in 1178, and the division into Common Pleas, King's Bench, and Ex- chequer courts existed in the reign of Henry III. {See Assizes). By the recent Judicature Acts of 1873 and 1875, these courts have been re-united into one High Court of Justice, which also includes the Court of Chancery, the Exchequer Chamber, the Probate and Divorce Courts. CROWN {Corona). A word used to signify the dignity and possessions of the sovereign of any kingdom, and generally the sovereign him- self. The Crown of England was elective before the Conquest, although the Witan never claimed the power of going beyond the royal family. Infant children of a deceased king were passed over in favour of his brothers in many cases. From the Conquest the hereditary principle gradually gained ground, and with it the theory of the royal power, notwithstanding the parallel 38 WORD-BOOK FOR growth of Parliament. {See Stubbs, Const. Hist.^ i. 140, 338 ; ii. 514 ; iii. 506. Hallam, chaps, i., v., vi,, and xiii.) CURFEW {Coiivre feu). The bell rung to- wards nightfall, by order of William the Con- queror and his successors, after which all fires and lights were to be extinguished. The bell is still rurg in some parts of England. The usual hour was seven o'clock in the winter. CUSTOM {Consuetudo, coutitme). A law not written, established by long usage, and the con- sent of our ancestors. Customs must have four inseparable incidents: i. A reasonable begin- ning ; 2. To be certain, and not ambiguous ; 3. Uninterrupted continuance ; 4. Not to infringe the rights of the sovereign. CUSTOMS. Tribute or toll paid by merchants to the State on imports and exports. First created in the reign of Edward I., when his Par- liament granted him (anno 1275) a tax on all merchandise imported or exported. CUSTOS ROTULORUM. He who has custody of the rolls or records of the County in Eng- land, now usually the Lord Lieutenant. CYNE-BOT (A. S.) (or cyne-gild). The por- tion belonging to the nation of the mulct for slaying the king, the other portion, or wer, being due to his family. (Thorpe.) n^ STUDENTS OF ENGLISH HISTORY. 39 CYNE-HLAFORD (A. S.). A royal master or lit. nourisher (B.). From Cyne — kindly, hlaj food, ord — origin. A title employed in the Laws of Etheldred. {Sec Stubbs, Const. Hist., i. 177.) CYRIC-BRYCE (A. S.). The crime of break- ing into a Church (B.). DANEGELT {Dene^^cldum). A tax of one shilling — later of two shillings — upon every hide of land. DANELAGH. A word used by our earlier jurists and historians, meaning the laws intro- duced by the Danes, and maintained from the ninth to the eleventh centuries in the territory they occupied. {See Spelman, s. v. *' Lex Danoru77i^' and Stephens, Comm. on the Laws of Lngl.^ i. 42.) DARREIN PRESENTMENT. One of the '' writs of assize," or proceedings by which a dispute as to the holding of a benefice was determined. {See Stubbs, i. 617-20; Jacobs, Laiv Dictionary, s. V. " Assize.") DE DONIS CONDITIONALIBUS. The first words of a law passed in the year 1285, and the first article on law of the second statute of West- minster. It enacted that the holder of an estate had only a life interest in it, and if he survived his children, at his death it reverted to the origi- nal grantor. {See Siuhhs, Co7ist. /list,, i. 118.) 40 WORD-BOOK FOR DE FACTO means a thing actually done, or a king- in actual possession, although he may be a usurper. The king de jure is one whose right is undoubted, but who may be out of possession. The famous statute (ii Henry VII. c. i.) de- clares that it is not treason to obey and assist a king de facto, although its principle was in- fringed in later centuries more than once. {See Hallam, Const. Hist.^ ch. i.) DEGRADATION. Chiefly used to denote an ecclesiastical censure, by which a clergyman was divested of his holy orders, according to the Canon law. There was also the degj'adation of a lord or knight, by the common law, when at- tainted of treason. The Earl of Carlisle was degraded, anno 1323, and when the judgment was pronounced, his sword was broken over his head, and his spurs hewn off. The latest instance is a degradation by Act of Parliament, in the reign of Charles II. (13 Car. II. c. 16) by which Lord Monson, Sir Henry Mildmay, and others were degraded from all their titles and honours. DEMESNE {Dominium ; O. F. demai^ie ; and many other forms) has the signification o{ pat- rimonium domini, or the principal dwelling and adjoining estate belonging to the lord, and re- served for his occupation DENIZEN {Donatio; O. ¥. donaison). An alien to whom the rights of nationality has been STUDENTS OF ENGLISH HISTORY. 41 [1 S e »f s t s le granted, with the exception of the capacity of inh'eriting lands by descent. It confers therefore a less extensive privilege than Naturalisation {q. v.). DEODAND {Deo dandicni). When any person suffered a violent death by accident in ancient times, it was the custom to deliver the object which was the cause of death to the Church. For instance, if a man in driving a cart, fell and was crushed by the wheel, the cart and horses were forfeited as dcodand. In later times, the lord of the manor claimed the deodmid, which has since become obsolete. DEPRIVATION. The taking away of a bene- fice by sentence of an ecclesiastical court. DIET. An assembly : as the Diet of the Em- pire, of Ratisbon, &c. The Diets of the Empire of Germany were similar to the French Champs de Mars and de Mai. Every freeman had a right to be present. DIALOGUS DE SCACCARIO. A political treat- ise, written by Richard, Bishop of London, Treasurer of the Exchequer, and giving a valu- able account not only of the special procedure of that department, but also of many other subjects connected with the political develo[)- ment of the nation. (.SV^Stubbs, Sel. Cli., 168.) DISFRANCHISE. To take away certain liber- 42 WORD-BOOK FOR ties and rights belonging to a corporation or individual ; as for instance, to punish bribery in a borough by denying it the privilege of electing Members of Parliament. In modern times this meaning is exclusively used. DISPENSATION. Relief from a duty, or limi- tation, granted by a superior. Almost wholly used in reference to ecclesiastical laws. When the Papal power ceased it was enacted (25 Hen. VIII. c. 21) that the Archbishop of Canterbury should hold the power, though with the proviso that in new or extraordinary matters the King's consent under the Great Seal must be obtained. DISSENTERS, or Nonconformists. Those who do not comply with the. forms of the Es- tablished Church in England. Formerly subject to various penalties and disabilities, such as the Test, Five Mile, and Conventicle Acts ; but Dissenters obtained freedom of worship by the Toleration Act of 1689, and tlie Test Act was repealed in 1828. At present the only persons in the country required to belong to the Established Church are the Sovereign, the Lord Chancellor, and the Viceroy of Ireland, DISTRAINT OF KNIGHTHOOD. The tenure of a knight's fee, or an estate worth ^20 a year, brought with it the duty of receiving knight- hood ; and the "assize of arms" (1181) com- pelled every one to possess arms according to «s» STUDENTS OF ENGLISH HISTORY. 43 3 his wealth. The first steps to enforce the duty of knighthood began under Henry III., and his successor carried out the poHcy more strin- gently. (Stubbs, Co7ist. Hist., ii. 282-3.) DOMESDAY. A register of landed estates in England, commenced 1085, ended in 1086. {See A. S. Chr.) Its survey extended over all dis- tricts except Northumberland, Durham, and parts of Westmoreland and Cumberland. (See Freeman, Norni. Cojig., chaps. 21, 22, and Append, A in vol. v. ; Stubbs, Const. Hist.y i. 188, 259, 266, and ff.) DOMICILE, in international law, means the country in which a person has subject rights, either by birth, naturalisation, or residence. It is acquired and forfeited by circumstances dif- fering in various countries. DOOM. A judgment or legal decision. "Alfred made a collection of dooms'' DRENG (A. S.) (Late Lat. threngus). The name for a class of inferior tenants, who paid in rent and not in military service. (Stubbs, Const. Hist.y i. 262). DUEL {Dnellicm). A combat of two which had anciently a place in our jurisprudence as a test of innocence. Although deemed obsolete in the last century (cf. Jacob's Law Dictionary^ 1782) it was claimed by a criminal in 1817.) 44 WORD-BOOK FOR DUKE. The highest title of English nobility. Introduced by Edward III., who created his son, Edward, duke of Cornwall (1337). Extinct in 1572, revived bv James I. T\i^ premier duke is theD. of Nf. "Ik. EALDORMAN. {See Alderman.) EMBARGO. A term which means a prohibition from sailing, laid mpon ships in a harbour. The Crown has a ligai to "lay an embargo " in time of war, in order to |. reve^.t stores or munitions coming into the handij o^ the enemy. ENDOWNMENT. Apai . ^"^.-m its legal meaning of granting dower, it is used to describe the set- ting apart a sum of money to provide income for a church, hospital, or school, or stipend for a clergyman. EORL (A. S.) {Comes; O. "^.jarl). The com- panion of the prince, but in A. S. and O. S. poetry it signifies fnan, though generally applied to one of consideration. The title was intro- duced by the Jutes of Kent, and occurs fre- quently in the laws of the kings of that district. Its more general use dates from the later Scan- dinavian invasions, and though originally only a title of honour, it became in later times one of office. i^Sce Stubbs, Co7ist, Hist.y i. 80, 15 1-2, 170-) EQUITY. A correction or qualification of the strict letter of the law, which in England has •<#• STUDENTS OF ENGLISH HISTORY. 45 grown into a separate body of law with its own rules and precedents. The Equity Courts are those of the Chancellor, Lord Justices of Ap- peal, Vice-Chancellors, and the Master of the Rolls, together making up the Court of Chan- cery. But the Judicature Acts of 1873 and 1875 have taken away nearly all the distinguishing features of the Equity courts. ESCHEAT {icheir) means the forfeiture" of lands or property to the king or lord, either by consequence of crime or death without heirs. ESCUAGE. {See Scutage.) ESNE (A. S.). A slave or unfree man who works for hire. Another meaning is that of vir jtivejiis, according to Schmid. (Stubbs, Const. Hist., i. 78.) ESQUIRE {ecuyer). The lower and prepara- tory step to knighthood. The esquire bore the shield of his knight. It is a title which can only be legitimately borne by certain classes of the conmiunity, eldest sons of knights, justices of the peace, &c. EVIDENCE. Proof or disproof of a statement, , furnished by the testimony of men on oath, or by documents and records. {See Treason.) EXCHEQUER {Scaccarium; O. Fr. escheqider). An ancient court, now absorbed in the High Court of Justice, in which all causes touching 46 WORD-BOOK FOR the revenue and rights of the Crown were heard, and the revenues were received. It owed its foundation to William the Conqueror, but was not established as a court with the so-called Barons until the reign of Henry I. The judi- cial part dealt with both law and equity, but by a fiction it was always assumed that the plaintiff was a tenant of the Crown, or in some other way accountable. The financial part is under a Chancellor, who is now always a member of the Cabinet. {Sec Stubbs, Const. Hist.y i. 376.) EXCISE. A duty upon beer and other liquors, first imposed by Parliament in July, 1643, and in general distinguished from customs as apply- ing to such goods as are manufactured in this country. {See Hallam, Coyist. Hist.^ ii. 178.) EXCOMMUNICATION. An ecclesiastical pun- ishment, by which an offender is excluded from the communion of the church. It was anciently divided into two classes, major and minor ex- communication, the former excluding not only from the Sacrament, but from all fellowship with the faithful. EXECUTION means the last performance of an act, as of a judgment. In English history ap- plies almost exclusively to the punishment of death. PEALTY (Fidclitas) signifies the oath of fidel- ity, taken at the admittance of every tenant, to •# ma STUDENTS OF ENGLISH HISTORY. 47 be true to the lord of whom he held his land. It differed from /^^;^^«^^ in being permanent, as well as in the formalities observed. It was required of all tenants but those at will and in frankal- FELONY {Felonia, ? A. S. Feoh-lon, so Spel- man) meant originally any capital crime done with evil intent, and included almost every crim- inal offence. The punishment in our old law- books is: I. Death. 2. Forfeiture of goods and lands. Some felonious acts were allowed the benefit of clergy for the first offence. FEOFFMENT. A gift or grant of lands or tene- ments to another mfee, i. t^, to him and his heirs for ever, by delivery of seisin and possession. FEORM (A. S.). Farm purveyance, food; in A. S. laws applied to a certain portion of the produce of the land, due by the grantee to the lord, according to the terms of the charter. FEORM-FULTUM (A. S.). Rent paid in kind from royal demesne or public lands. FEOS-BOT (A. S.). Amendment of the coinage. FINE {Finis). i. Meaning a mulct or pe- cuniary punishment, inflicted on lesser offenders. 2. An agreement for settling the possession of lands or houses. ^^a^mimmm 48 PREFACE TO FIRST EDITION. C! FIRST-FRUITS. The profits of a benefit for the first year after a vacancy takes place. These were given in ancient times to the Pope, and were first claimed by him in England of the foreign nominees, later of all benefices. After the Reformation they were vested in the Crown. In the reign of Queen Anne (2 Ann. c. 11) the first-fruits were settled on a corporation for the benefit of the poorer clergy. (See Queen Anne's Bounty.) "^ FOLC-LAND (A. S.). The land of the nation, and property of all in common. It might be parcelled out to individuals by the folc'gemot, with the consent of the freemen, but not in perpetuity, and it reverted to the people. The temporary possessors were subject to many burthens from which boc-land was exempt: i. They I'.ad to assist in public works. 2. To have travellers quartered on them ; to furnish hospi- tality and means of progress to kings and great men. It has been shown that men of high rank h^\d folc-land on these terms, as well as boc-land, and that the former was greatly sought after. FOLC-MOTE (or Getnot). The annual meet- ing of the whole people on May-day, whether of a town or shire. FRANK FEE. A tenure opposed to that of Ancient Demesne (q. v.) ; all that was not held as of A. D. was in Frank Fee. (Burrill, Law Diet). ^Y ^ i CI . I STUDENTS OF ENGLISH HISTORY. 49 I \ i FRANKALMOIjGfN. A tenure of land en- joyed by a spiritual corporation, by which they held in free and perpetual gifts or alms. FRANKPLEDGE (Fra?icus plexitis, or Frith- borh). The system by which all free persons were associated in tithings, whose members were mutual security or " borh'' for each other. This institution is mentioned in Edgar's laws, and, in its perfected form, dates probably from the Con- quest, but is not to be confounded with the older A. S. system of Frith, gilds^ or voluntary asso- ciations for the security of property. FRAUDS (Statute of), 29 Car. II. c. 3, requires that contracts, agreements, leases, &c., shall be put in writing. FRIARS. Certain orders of monks instituted in the thirteenth century by Francis of Assisi (1182-1226), and Dominic (1170-1221). They were forbidden to hold property, and went from place to place preaching and begging. They came to England early in the thirteenth century, and had great influence on national life. {See Green, Short History, pp. 144 ff. ; Lingard, iv. 2I3-) FRITH-BORH (A. S.). {See Frankpledge.) FYRD (A. S.) (Lat. expeditio). The duty of military service for the defence of the kingdom. Hence derived fyrd-wite, the penalty for ne- glecting the fyrd, fyrd-bot, &c. {See Stubbs, II ' 50 WORD-BOOK FOR 1 Const. Hist. i. 76, 117, 190-3; Freeman, H. N. C, iii. 336 ) FUNDS. The money which the State has bor- rowed from time to time, and pays interest upon. The securities can be bought or sold in the money-market. The English Funds date from 1689, and the legal interest has been gradually reduced from 6 to 3 per cent. 6ABELLE (Fr.) A tax imposed on salt, but the word was us*^d later in the general sense of a tax. The English equivalent " Gabel " is oc- casionally found in our law-books and charters. GAFOL (A. S.). Tax or rent, equivalent to Latin rectt^a/. [Compounds: i. Gafolgelda — " one paying rent for the land he occupies, op- posed to land-agencic or * land-owner.' " 2. Gafol-layid — *' folcland let upon rent."] GARTER (Order of). The highest order of knighthood in England, founded by Edward III. in 1344. It is the first dignity after the nobility. GAVELKIND. (? Derived from Gabel, i. e., branching out as in prongs of a fork). A cus- tom of tenure peculiar to the county of Kent, by which a father's lands are divided equally upon his death among his sons, or (if he have no issue) among his brothers. This represents the most ancient principle of inheritance in land, and its n •> ,1 assM STUDENTS OF ENGLISH HISTORY. 51 V. r- [1. le m ly It a s. o J survival in Kent has been explained by the sup- position that the Kentishmen were able to make more favourable terms with the Conqueror. GEMOT (A. S.). ( See Mote.) GENTLEMAN {Generosus, Fr. irentilhommc). Means in law all above the rank of yeomen, and in general those who, without any title, are en- titled to bear a coat of arms. The word is found appended to a name, like our modern usage of Esquire, but rarely before the reign of Henry \ . GESITH (A. S.) (Lat. Cowrs), A companion or follower, one who assisted the king in his wars and lived with him. It was the right of the king to maintain a Comifahis, to which he might grant lands and power. GESITH-CUND (A. S.). Of the same rank or class, {xovc\ gesith — companion, and cuyid — sort or kind. GILD (A. S.). A club or association of per- sons for mutual protection and benefit. There were several kinds of Gilds. The Merchants- Gilds and Trade-Gilds survive to the present day in our Civic companies. (See Stubbs, Const. Hist., \. 405, ff ). GOD-BOT (A. S.). A fine for sacrilege, or an offence against the Church. GRAND JURY. (.S^^Jury). 52 WORD-BOOK FOR m GREAT ASSIZE. Sometimes called '* Grand Assize." A special or extraordinary jury in- troduced Ump. Henry II. as an alternative to the barbarous system of " Trial by Battle," which was regarded as a foreign innovation as well as an abuse. It consisted of four knights selected by the sheriff, who themselves chose twelve others, called " Recognitors," who were sworn, and decided on the issue. {See Stubbs, Const. Hist.y i. 615-617). *• GREEN CLOTH" (Board of). A board or court held in the office of the king's (or queen's) household, composed of the Lord Steward and inferior officers. GRITH (A. S.). Peace or protection. It differs irom frith in having a restricted meaning, applying to the protection granted to an individ- ual, or for a given time a district. It came into use in the Danish struggle. {See Bosworth, and Stubbs, Const. Hlst.^ i. 181). GRITH-STOL (A. S.). Sanctuary, literally ** chair of peace." " HABEAS CORPUS " (Statute of). An Act of Parliament passed in the session of 1679, and referred to as 31 Car. II. c. 2. Its principal effect is to bring the body of any person who has been committed to gaol before trial into court, either in criminal or civil causes, a^-d thus to * 1 STUDENTS OF ENGLISH HISTORY. 53 4^ prevent unjust imprisonment of one who may be innocent. (Hallam, ch. 13.) H^RETICO COMBURENDO. The writ or legal warrant, granted by the Court of Chancery, by which a person convicted of heresy or witchcraft was condemned to be burnt. It was passed in the reign of Henry IV. (2 Hen. IV. c. 15); and repealed by the statute 29 Car. II. c. 9. (Stubbs, iii. 357.) HAM-SOKN (A. S.) or " Domus invasio." A breach of the peace by forcible entry into a man's house. HANSA (A. S.). A trade guild. From this word is derived the term " Hanse towns," applied to certain towns in Germany and neigh- bouring lands, to the number finally of eighty cities, which formed a confederation for mutual protection and commercial advantage. HEADBOROUGH. Originally the title of the chief man of the tithing or frank-pledge {see Frank -Pledge.) Later the name was applied to constables, but it is now obsolete. HEALSPANG (A. S.). The sum a man sentenced to the pillory would have to pay, in order to escape that punishment. The word properly means the pillory itself HEARTH-MONEY, or fumage, a tax imposed on every chimney in a house, according to 54 WORD-BOOK FOR Domesday. In the reign of Edward III., a tax of one florin per hearth was imposed by the Black Prince upon his territories in France. (See Chimney-tax). HERALD. Officers who in ancient times were entrusted with declarations of war, proclama- tions of peace, and messages between bellig- erents. At present their duties are restricted to the management of state ceremonies, the regu- lation of coats of arms, and orders of prece- dence. They form a corporation called the Heralds' College, presided over by three prin- cipal officers, called Kings-of-Arms, with the distinguishing titles — Garter, Clarencieux, and Norroy. The titular superior is the Earl-Mar- shal of England, an honorary post now hered- itary in the family of the Dukes of Norfolk. HERESY {aipeo-is, hceyesis) means in English Law the holding or setting forth of an opinion contrary to the established form of Christian doctrine, and is now only recognised in the case of the clergy. Formerly, until the repeal of the Act de hccretico comburendo (which see), various penalties, including that of death, could by law be inflicted on all persons holding such opinions. The last instance of capital punishment was in the reign of James I., when Bartholomew Legat and Edward Wightman were burnt for denying the doctrine of the Trinity (1612}. {See Lin- gard, ix. 217.) .: \ STUDENTS OF ENGLISH HISTORY. 55 4 HERIOT {here-geatic). The military equip- ment of a vassal, which on his death reverted to his lord. In the later laws the heriot is often Latinised as relevium ; but properly it differed from the relief, which was the payment made by the heir to secure the possession of his inherit- ance. {See Stubbs, Const. Hist., \. 261.) HIDE {Hida or hyd^. A measure of land varying at the time of Domesday, but in Hen. II.'s reign fixed at 100 acres. (So in Dialogiis de Scacc.) The word was also taken in the sense of skin, slaves being said to " suffer in the hide" or " pay with the hide," and this penalty might be commuted for a payment called hyd- gild. (Stubbs, i. 74.) HOMAGE {Homagitim). The process of ac- knowledging oneself the ho?no or vassal of a feudal superior. (Stubbs, iii. 514.) HUE AND CRY (from Fr. huer et crier) means a public proclamation of a crime, and pursuit of the criminal ; equivalent to the Norman Clameur de Haro, which still survives in French as a popular phrase (" cria haro sur le baudet'' — La Font.). It was the Common Law of Eng- land that the hundred was answerable to the in- jured person, if his hue and cry were not pursued. Haro — '' Ha RoUo ! " invocation of the founder of Normandy. It is still law in our Channel Islands. A few years ago, in a Jersey law suit, 56 WORD-BOOK FOR the solicitor of the railway company sat down in the street of St. Heliers and cried Haro^ to fulfil the letter of the law. HUNDRED. An organisation found in the earliest Germanic institutions, and probably car- ried into the English political system. (But cf. Stubbs, Sel. Ch., p. 67.) It is not even certain whether the origin of the English hundreds re- ferred to the number of hides of land, or of families. The ordinance of Edgar ( A. D. 959, 975 ) expounds the system of hundreds, and their courts and privileges. {Ibid^ p. 69.) HUSCARL (D). A Danish title, correspond- ing to the Saxon gesith, or companion to the king. They were of different rank, but in war acted as the king's life-guard, and were, in fact, his only standing force. (^See Stubbs, Const. Hist., i. 150.) HUSTINGS. The platform upon which candi- dates for election to the House of Commons were publicly nominated, and addressed the electors, after which a show of hands was taken. Owing to the riots which usually accompanied this proceeding, and the fact that the " show of hands " was a totally useless formality, as a poll was invariably demanded, the public nomination was abolished in 1867, and the necessary pro- ceedings usually take place in the town-hall or court of the borough or county town. i^See Election.) ■I STUDENTS OF ENGLISH HISTORY. 57 «l ICH DIEN {Germ.) ** I serve." The motto borne by the Princes of Wales. Formerly that of John, King of Bohemia, slain at the battle of Crecy, and adopted by the Black Prince after that battle. IGNORAMUS. A technical term of the law, used by a Grand Jury when they decide that the evidence is insufficient to make a case for prose- cution on a criminal charge. When the Earl of Shaftesbury was indicted for treason in 1682, the Whig Grand Jury ignored the bill. {See Sta. Tr. viii. 759.) IMPANEL. To enrol or form a list of per- sons to serve on a Jury. Sometimes used in the sense oi summoning the requisite number. IMPEACHMENT. The accusation and prose- cution of persons accused of treason, or of other crimes and misdemeanours, but almost always used to describe the prosecution conducted by Parliament. A member of the House of Com- mons can impeach another member, or a Peer ; the procedure being in the form of articles^ which selected speakers called managers are ap- pointed to expound and make good. The same rules of evidence applied in cases of impeach- ment as in ordinary courts, but not in bills of *Attainder. ^See Attainder.) No pardon under the Great Seal could be pleaded to an impeachment by the Commons. (12 & 13 Will, 58 WORD-BOOK FOR III. c. 2). Before this, in the reign of Charles II., the Earl of Danby escaped the consequence of impeachment by such a pardon. IMPROPRIATION. A more accurate expres- sion for the reception of tithes by laymen, or, as in former times, by monasteries. INBORH (A. S.). A pledge or security, mean- ing the goods of a person unable to obtain a personal ^orh or surety. ING^jNUI. Freemen. The intermediate class betwe in the nobiles and the liti. (Stubbs, Const. Hist. i. 42, 44.) IN^HCTMENT. A declariuon of complaint, referring to a crime or misa^meanour, and pre- sented to a Grand Jury. INi)ULGENCES. Documents issued by the Cbjrch of Rome, purporting to pardon any sins committed by the receiver, or to remit the whole or a portion of their penalty. In rhe period preceding the Reformation these indulgences were the subject of traffic in England, though not to so great an extent as in other countries. " INLAW " (Toj. The process of restoring to a man who has been ontlaiccd his rights as a citizen. It is mentioned in Domesday that a^ certain man was exlex, whom later " Alluvius fecit illegefji'' (Quoted by Freeman, //. N, C, V. 800.) \ STUDENTS OF ENGLISH HISTORY. 59 INNS OP COURT. Institutions for the study of the law, and forming at the same time a legal guild of all persons belonging to the profession of barrister. The four principal are the Inner and Middle Temple, Lincoln's Inn, and Gray's Inn. No one can become a barrister but by be- coming a member of one of these, and they have the power of expelling (or disbarring, as it is called) any of their members in case of necessity. INQUEST. The court held by a Coroner to determine the cause of any violent or sudden death, and in case of crime, to detect and prose- cute the perpetrator. {See Coroner.) INTERREGNUM. An interval between the death or abdication of one sovereign and the legal accession of the next. INVESTITURE. The act of giving possession of an office or estate. In early times conferred by a form of words, or by a symbolical action {see Boc-land). The word is most frequently used in our earlier history in reference to eccle- siastical benefices, and the contest between the Crown and the Pope as to the right of nomina- tion. Henry I. conceded the right of investiture to the Church, but obtained that homage should be done to him. In the investiture of a bishop, a ring and a pastoral staff were given to him. JESUIT. Member of the " Society of Jesus:' a religious order of the Roman Church, founded 4t> 6o WORD-BOOK FOR in 1534 by Ignatius Loyola. Special laws against Roman Catholic priests included the Jesuits by name. As late as 1670 an Act of Parliament imposed fine and imprisonment on those who, knowing, did not denounce priests and Jesuits to a justice of the peace. JURISDICTION. The authority which a person or court has over the whole realm, or a special district, or a certain class of actions. JURY. It is now acknowledged that the twelve compurgators whose function it was in A. S. times to declare the innocence of an accused person, had no real resemblance to the jury, which was not instituted until the reign of Henry II. Trial by Jury in criminal cases was recognised by Magna Carta, but its mem- bers did not become sole judges of fact until the reign of Edward VI. (See Forsyth, Trial by Jury, p. 199; Stubbs, Coyist. Hist., i. 619-20.) JUSTICE OP THE PEACE. Unpaid judges, selected from among the chief land-owners in the country, and of citizens in towns, to preside over the courts of Petty Session, and, when necessary, to commit prisoners for trial before the Quarter Sessions or Assizes. The office was instituted in 1360, but very similar functions had before been executed by the " Conservators of the peace." JUSTICIAR. The whole, jurisdiction over ^ » *»{■' p *' f * mnmt^f. ; i ii i^ J STUDENTS OF ENGLISH HISTORY. 6l England, now once more united in the Supreme Court of Justice, after separation among the various courts of Westminster Hall, was origin- ally also lodged in one court, called the King's Court, presided over by a high officer, the Jus- ticiar^ who in the king's absence acted as vice- roy. Among the holders of this office may be mentioned Odo and William Fitz-Osborn under the Conqueror ; Ralph Flambard in 1099 ; Roger, Bishop of Salisbury under Henry I.; Robert, Earl of Leicester, under Henry II.; and of later holders, the most famous was Hubert de Burgh. BANG'S EVIL. The scrofula, a disease which was supposed to be cured by the touch of the sovereign. Edward the Confessor was the first who made the attempt {see Freeman, H. N. C, ii. 527), and Queen Anne the last. KNIGHT {Miles or eques ; Fr. Chevalier; Germ. K?iecht). A word which has greatly changed its meaning. Orig. in the Germ. -- servant, but speedily acquired that of a military rank, the king's Knechte being his officers. One non-military ^ense remained in the " Knight of the Shire." There were several Orders of Knighthood, the lowest and most ancient being that of Knight Bachelor. King Alfred con- ferred this dignity on his son Athelstan. At present the dignity has declined in estimation, O 62 WORD-BOOK FOR the judges only receiving it from precedent. {See Stubbs, Co7ist, Hist./\. 367.) KNIGHT'S PEE. The territorial unit of the Feudal system, measured not by extent, but by rent or valuation. It was settled at the annual value of ^20. (Stubbs, Co7ist. Hist., i. 164-6.J LATHE. Old name for the subdivision of some English counties. LAZZI. An old Saxon word equivalent to the serviles and liti of the Latin writers. {^See Stubbs, Const. Hist., i., 42, 46.J L^N-LAND (A. S.). Either folc-land or boc- land leased out to free cultivators. (Stubbs, Const. Hist., i. 77.) L^T (A. S.). The word used in the Laws of Kent to denote the third and lowest of the social divisions, eorl, ceorl and IcBt, equivalent to the nobilis, ijigenuus and servus of Tacitus. (Stubbs, Const. Hist., i. 42.) LEGATE. {Legatus.) The Ambassador or nuncio representing the Pope in foreign countries. They were of two sorts : i. Legatus natus of limited authority sometimes held before the Reformation in England by the Archbishop of Canterbury. 2. Legatus a latere who had fullest powers without appeal over all ecclesiastical affairs in the kingdom. Sometimes one of this «h rmttwrtimniwiafe- STUDENTS OF ENGLISH HISTORY. 63 «b latter class was sent over in addition to the resident legaius natns. LE6ALIS HOMO. A man possessed of all the rights of a freeman. LE ROY (LA REYNE) LE VEULT. The ancient form of words by which the royal assent to an Act of Parliament is still given. LE ROY (LA REYNE) S'AVISERA. The form in which assent is refused. LETTERS PATENT, Writings of the Sover- eign under the Great Seal, by which privileges or rights are conferred. So called because they are open, with the seal affixed, ready for inspec- tion. The word ** Patent " is now generally used in reference to the privilege which can be secured by an inventor. LIEGE. An epithet which, when coupled with the word lord, means one entitled to allegi- ance ; and with the word man, one bound to yield it. LITUS. A \^ord found in the Capitularies, meaning the lowest of the three social divisions in the earliest Teutonic civilization, viz. : nobiles, ingeniii, liti. They were distinctly removed from the class of setvi. (See Stubbs, Const. Hist, i. 45-47.) LOLLARD. A name given to those who dis- sented from some of the doctrines and practices 64 WORD-BOOK FOR of the Church in England before the Reformation. The first trace of them is in the reign of Henry II. {Diceto, 539), but in the reign of Edward III. and his successors they were numerous. Against them the statute 2 Hen. V. c. 7 was directed, repealed by i Ed. VI. c. 12. (Stubbs, Const. Hist.y ii. 450.) LORD {Dominus, ) A title of honour, applied {a) by creation or descent to peers, or ** lords of Parliament ; " ib) by courtesy to the younger sons of dukes, marquesses, and earls; {c) by tenure of particular estates to those called ** lords of manors." LORD HIGH ADMIRAL. An office of great dignity, which anciently combined not only the supervision of the navy and dockyards, but all that is now embraced by the Board of Trade. It is now always put into commission, the First Lord of the Admiralty having a seat in the Cabinet. M^G-BURH (A. S.). Kindred, family. (Bos- worth.) MALETOTE (an illegal or arbitrary tax) (Der. Malatolta, or Malatoliia — " the evil /d7//a or tax," from tollo, " to take as toll"). A duty or tax * ^ posed on wool without any authority except e king's pleasure, and earning more dislike from the fact that wool was the chief staple. By M. C, § 4E, ** the liberty granted to trade includes •afliac:*'!!!^"'^'-* STUDENTS OF ENGLISH HISTORY. 65 •P an exemption from all * fffa/is toltis^ except only in time of war, and when the merchandise in question belongs to the h(jstile nation." In the Confirmation of the Charters (1297;, it was enacted (N^ 7; that no '' male-toute'' should be demanded in addition to the custom on wool, skins, rt:/?z.y and penalties on the Bishop of Rochester, by which he was de- prived, banished, and disabled from holding any post or benefice. PALLIUM {^Palh. A robe made of lamb's wool, worn by Archbishops, very rarely by Bishops. Before the Reformation, the pallium was given to the newly-appointed archbishop by the Pope directly after it had been placed on the high altar of the Lateran church. At one time it was necessary to receive it at Rome, but later it was sent by a legate. (Stubbs, Const. Hist., iii. 296.) PARDONS. ^See Lnuulgkncks.) «%» STUDENTS OK ENGLISH HISTORY. 73 '■ PARISH. (Parochia.) A very ancient terri- torial division for ecclesiastical purposes, the extent of which one priest had charge, and for- merly called the mark, township, or viais. (Stubbs, Co7isf. Hist., i. 85). PARLIAMENT. {Parliamcntiuu ; Fr. Parlc- ment). The meeting of the council of the nation for the purposes of debate. The word is first used by Matthew Paris in 1246, and sometimes "' colloqidiim'' is used in the same sense. For the history of the English Parliament sec Stubbs, (.oust. Hist., i. 470; ii. 224, 236, & ff. ; iii. 467. Hallam, chaps, vi. and vii. PATENT. [Sec Letters Patent.) PEER. {Pares.) The literal meaning 'Vv/?^^' A" is preserved in the legal phrase " trial by his peers." The nobility are called Peers because, in respect of being lords of Parliament, all of them have equal authority. PEINE FORTE AND DURE. A punishment for- merly inflicted on those who, when brought to trial, refused to plead " Guilty" or " Not Guilty." The accused person was pressed to death by heavy weights. There are instances in our law books of persons submitting to this in order to escape the forfeiture of estates which a convic- tion for treason or felony would have entailed. It was abolished bv 12 Geo. III. c. 20, and at 7^ WORD-BOOK FOR *;» present, if an accused person stands " mute," a piea of *' Not Guilty" is entered for liim. PILLORY. A disji^raceful punishment inflicted in former times on minor offenders, such as per- jurers, users of false weights, &c. It was a wooden frame holding- the head and hands, and the culprit was exposed publicly in it for one or more hours. Many |)ersons died in the pillory from the ill-treatment of the mob, who were not hindered from throwing stones, &c. Popular characters, on the other hand, were receiv^ed with applause. Abolished by r Vict., c. 23. PIRATE. A sea-robber or rover. Piracy is denounced by all laws as the worst of offences, Coke defining a pirate as hosiis huviani i^oieris. An act of robbery t(^ be piracy must be com- mitted on the hi^h seas. KSee High Seas.) These offences may be dealt with by martial law, according to the Statute 11 & 12 Will. c. 7, but the present usage would be to send culprits for trial before the re<>nlar courts. PLANTATIONS. An old name for colonies. PLEAS {Placita). The facts or reasons which either party in a trial alleges on his behalf. Pleas of the Croivn are all suits brought in the sovereign's name, though in most cases concern- ing the interests of individuals. Many other descriptions of pleas, some of them now obso- lete, are to be found in law dictionaries. T' i STUDENTS OF ENGLISH HISTORY. 75 POLL-TAX. A tax levied by the head, with- out distinction of rank or estate. In 1377, a poll-tax of a groat a head was granted ; two years later, one graduated according to rank, from the Duke of Lancaster at 10 marks, to the lowest class at a groat. Another graduated poll- tax was imposed in 1380. {See Stubbs, Const. Hist., ii. 439, 447.) POOR-LAWS. In 1349 a law was passed (23 Ed. III. c. 7) making it an offence to give to a beggar able to work. The first real attempt to grapple with the (juestion was in 1535, by a law which provided for the maintenance of the sick and aged poor. In the same reign the severest measures were adopted against vagrants and " sturdy beggars." In the reign of Elizabeth our present system was commenced (1601) and there was no material alteration until 1834, when the Poor Law Com- missions were instituted, now called the Local Government Board. POSSE COMITATUS means " the power of the county," or all men above the age of 15, who may be summoned in case of riot, or other im- minent peril. POUNDAGE. A subsidy of twelve pence in the pound, anciently granted to the king on all merchandise imported or exported. {See i & 2 Ed. VI. c. 13; T2 Car. 11. c. 4.) m» 76 WORD-BOOK FOR PRECIPE (Writ of ). A peremptory writ en- joining the sheriff to command the person in question to do some act, or show cause why he should not be compelled. >^ 34 of Mai^na Carta limited the use of this writ, which seems to have been employed to bring to the king's court cases righdy belonging to other jurisdic- tions. {See Stubbs, Coisi. Hist., i. 536 ; Jacob and Burrill, Law Dictionaries.) PRAEMUNIRE (in reality pra:monere). A word which means both an offence, and the means i)y which that offence is dealt with by law. The offence may be rouuhly described as the commission of certain acts ignoring or contraven- ing the king's prerogative, especially as concern- ing the Church. The abuses connected with nominations to l^Lnglish benefices by the Pope in the 13th and 14th centuries became so grievous that Edward III. attempted to remove them by several laws ^ 25, 27 & 28 Rd. III.). His suc- cessor made a still more severe law ( 16 Rich. II. c. 5) against those who took part in so-called " provisions," making them oudaws. These laws were naturally extended after the Refor- mation, and every reference to a license, dis- pensation, or faculty from Rome was made ''praemunire'' by 23 Hen. VIII. c. 2, and 28 Hen. VIII. c. 16. These laws are obsolete, when not expressly or virtually repealed. PREBEND. A post of dig^nity and profit in •if» STUDENTS OK ENGLISH HISTORY. / / the Church attaclied to a cathedral, lii some dioceses there are two divisions of prebendaries ; the higher or canons residentiary, and those who (^nly possess a stall. PREROGATIVE {Pnc-roi^an^. A word em- bracing all the rights possessed by the sove- reign of the State, as chief of the commonwealth, and entrusted with the execution of the laws. PRESCRIPTION means a title, right, or immu- nity acquired by lapse of time. PRESS-GANG. '' Impressment," or forced en- listment for military or naval service during time of war, is mentioned in a statute of Richard II., and was usual in England up to the Peace of 1815. Since that time, although never legally abolished, the system has been abandoned. PRIMOGENITURE. The right of an elder son or brother to succeed to lands in default of a will. Colcc upon Littleto7i traces it to the timt: of King Alfred ; but more modern authorities hold that the system of equal division among sons re- mained until the Conquest. PRIOR. The next in dignity to the Abbot in the rule of a monastery. Some of these estab- lishments, called Priories, were solely governed by them, and they had seats in the Council. {Sec Abbot.) 78 WORD-BOOK FOR i PRISAGE. A royal privilege of taking from every ship laden with wine one cask out of every ten, at the price of twenty shillings the cask. (Stubbs, Const. Hist.y ii. 523; Madox, Hist, Exch., p. 525.) PRIVATEER. A private man-of-war, that is, a ship belonging to a private owner, but authorized in time of war to carry on hostilities against the nation with which its Government is contending. PRIVILEGE. An exemption from the effects of the law, as when a peer or member of the House of Commons was exempted from arrest for debt during the session of Parliament. Very few privileges now remain except to the Royal Family. PRIVY COUNCIL. From the earliest times, the sovereigns of P2ngland have been assisted by a council of wise men. After the separation of the Parliament it lost importance, except for a time under Henry VIII. Charles II., on the ad- vice of Temple, attempted to govern with a council of 30, but the scheme was abortive. With the exception of the Judicial Committee, first created in 1833, ^^^ the occasional issue of Orders in Council (which cannot override the law) the Privy Council has little political import- tance. {See Cabinet.) PRIVY SEAL. One of the three seals which are used in giving authority to state documents, *-* STUDENTS OF ENGLISH HISTORY. 79 viz., the Privy Signet, the Privy Seal, and the Great Seal. Its holder is one of the ministers who always has a seat in. the Cabinet. PRIZE COURT. The naval court which decides as to the treatment of ships captured in time of war, and which appoints the shares of the cap- tors, when the ship is declared to be " con- demned" or confiscated. • PROROGATION. Adjourning the meeting of Parliament to a future time. PUR PILLE MARIER (O. F.). A tax or service imposed by the feudal law upon all tenants when the daughter of the over- lord was to be married. In the years 1245 and 1290 it was received by the Crown. PURVEYANCE meant in early times the privi- leges held by those tenants and servants on the king's demesne who were employed in provid- ing for the royal household. Later, when the system was found impracticable, it applied to the advantages allowed to the king's officers in buying provisions. Abolished at the Restora- tion by 12 Car. II. c. 24. QUARTER SESSIONS. A general court, held by the justices of the peace in every county once a quarter. Its jurisdiction has been greatly in- creased, and it is empowered to give sentence of penal servitude. So WORD-HOOK FOR i QUEEN ANNE'S BOUNTY. A fund for tlie benefit of poor benefices In the Cliurch of Eng- land, instituted in the year 1703, to which Queen Anne gave up lier claim to certain profits be- longing to liie Crown. (Ser First F'ruits.) QUIA EMPTORES. The first words of a famous statute, passed in the year 1290, which forbade subinfeudation and the formation of new manors. By its effect lands granted or otherwise alienated ceased to have any connexion with the subor- dinate grantor, but the new owners had to give service to the original lord. {S(r Stubbs, Const. Hist. ii. 122.) QUO WARRANTO. A writ which is employed against any person or corporation which usurps any franchise or privilege without due authority. It may also be employed in case of mis-use, or even non-use, of such privileges. In the reign of Charles \\.,anno 1683-4, ^'^^ charters of many cities, including London, were recalled under this writ. RACHIMBURGL The Frankish equivalent of the " Scahini^' which see infra. RAPE. A division of a county, of various ex- tent. Sussex contains six rapes, viz., Arundel, Bramber, Chichester, Lewes, Pevensey, and Hastings, each with a castle and a forest orig- inally belonging to it. \ \ 11 STriM^NTS OF Kxr;ij.sH HisroK\, 8 1 i RECOGNITORS. iSrr Grfat Assi/r:.^ RECORDER. A banister chosen by the cor- poration ot" a city to preside over their sessions- court, and generally to advise them in law. ^ RECUSANTS. The name formerly given to diose who adhered to the Pope as the supreme aead of the Church, and denied the king's su- [Temacy. Many penal statutes were made against them ; they were disabled from holding office, inheriting land, practising law or physic, presenting to an advowson in their patronage. These laws were gradually re[)ealed, and Roman Catholics attained full [political equality by the J'.mancipatiou A^f of i^j(). (May, Covst. //isf., ch. xii). REGALIA. In reality all royal privileges, but generally used in the sense of the ro\al treasures and jewels, such as the crown, sceptre, globi-. ».*tc. REGENT. {K(\oni^.) One who rule^. But in history the word is always taken In ii-^ second ary sense of one who rules in th< place of an- ot/ie?', as when the Prince of Wales acted as Regent from iSir to 1820, owing to the inca- j)acity of (icorge III. RELIEF. A sum of money paid to the lord by a tenant's heir betore he could obtain his father's lands. It was the Norman (equivalent of the English heriot, which differed somewhat in being pavment of a debt from the dead man to .S2 WORD-BOOK FOR his lord. (Stubbs, Const. Hist.y i. 261, 383). In the reign of Henry II. the relief oi^i knight's fee was five pounds. RELIEF. One of the feudal obligations of the Norman feudal system, nearly resembling the lieriot of A. S. times. It was paid by the heir before he could obtain his father's lands. {^Se( Stubbs, Const. Hist., i. 261, 305, 366.; / RETAINER. Meant one who was subordinate, either as being a tenant or under other obliga- tion, but not a menial servant. SANCTUARY. By the laws of Ina it was enacted that those accused persons who took refuge in certain churches should be left in security ; and the principle, deduced from Scrip- tural precedent, was carried out by later rulers. Later the privileges, were much restricted i^scc Abjuration), and the number of sanctuaries reduced. The whole was abolished by James I. SCABINI. A corrupt Latin word, equivalent to the Cierman " Schotfen," and meaning a body of men appointed for life to act as judges. The number was either sev^en or twelve. {See Stubbs, Const. Hist., I. 103, 115, 610). SC AND ALUM MAGNATUM. The technical term applied both to an offence and the legal means for punishing it. It meant any injury or slan- derous report which jxffects a member of the a- / STUDENTS OK ENGLISH HISTORY 83 V House of Lords, or any great officer of State, and especially any false tidings by which discord might arise. {/^'M- For saying in the pulpit : " The Lord Leicester is a ivicked viaii a?id mi enemv to the Reformation,'' a clergyman was convicted of scaiidahmi mag)iatii)n, and ,/^5(>^ damages given.) SCOT AND LOT (A. S. Sceatta, hlot). Means the " tax" and "share" which each person had to pay in due proportion. The term is still pre- served in our statutes. SEPTENNIAL ELECTIONS. I^:iections^ every seven years, instituted in 17 15, by the Septen- nial Act(i Geo. L St. 2, c. 38). Some attempts have been since made to restore triennial Parlia- ments, but in vain. (See Triennial P/^-^ia- MENTS.) '•'" SESSIONS. The meeting of any cou^^v^'^t? the purpose of transacting business ; but i3^- the plural form, now used to desciibe the inferior courts presided over by Justices of the Peace. SETTLEMENT (Act of). A measure was passed in 1702 (12 & 13 Will. IIL c. 2) to secure the succession of the Crown in default of issue by William III. or the Princess Anne. \\ was enacted that the Crown should devolve on Sophia, Electress of Hanover, and her descend- ants ; that the sovereign should belong to the Communion of the Church of England ; and 84 WORD-BOOK FOR that the nation should not be required to defend any foreign dominions (with reference to Han- over) without consent of ParHament. SHERIFF. (A. S. Scir-gerefa—Viaj-comes) Was the officer who had direction of the taxes in a county, besides other duties. He was under the orders of the Ealdorman. After the Con- quest, the same duties were performed by the vice-comes. Stubbs remarks that the sheriff was always a royal officer, and not, like the vkr- fomes, the sui^stitute for the earl. ( Gloss to Sri. Ch.) ■ SHIRE (A S. Sclr). It is not certainly known when our present division of counties was set- dedj probably not before the Conquest. (See Stixl jps, Cons I. Hist./\. 109-118.) -r t S jTxONY. The offence ol buying or selling ec- clesiastical offices. In 1699, Bishop W?tson, of St. Davids, was deprived on being convicted of this offence. {See St. Tr. xiv. 447.) SINKING FUND. A Fund commenced in 17S6, with the object of paying off the National Debt. [See National Debt.) SOC (A. S.). A liberty or privilege, generall}' of being allowed to hold a court, and, from this, the district in which such jurisdiction was held. (Bosworth.) , / I ■ a^ STUDENTS OF ENGLISH HISTORY 85 / i-ji SOC (A. S.) or Socna. A liberty granted by the king to a subject, i /did.) SOCAGE {SocaiT/'/p/f). Tenure of land on con- dition of fixed services. Some authorities de- rive it from Fr. soc — a plough-share, rather than from the word above, and explain it as meaning a tenure depending on service by payment in money or agricultural produce, rather than mili- tary service. By 12 Car. II. c. 24, the statute which practically ended the feudal system, "all tenures were converted into /rrr and co7rirnon socager SOON (A. S.). I. An inquiry — examination. 2. The liberty of holding court or soc. 3. A refuge — sanctuary. ( Bosworth. ) SPEAKER. The President of the Hou-' of Commons, armed with authority undf its " standing orders." He ranks as the first^Jom- moner of England. The Lord Chancellor has a similar position in the House of Lords, but his authority is much less extensive. STANNERIES ' from stanniun, tin), or Stannary Courts, for causes belonging to the Cornish miners. The word is mentioned in a charter granted by John, in i2or. STAPLE. Means the chief produce or manu- facture of the kingdom. In the reign of Edw. III., when the first Ordinance of the Staple was 86 WORD-BOOK FOR made, it comprised wool, sheep-skins, leather, lead, and tin. There was a trade guild of the Staple, with extensive privileges. (See Stubbs, G??^v?/. ///V/., ii. 411,485.) STAR CHAMBER {Camera Stellata). The name has been supposed to be derived from " Starrs," or the bonds made with the Jews, which were preserved in a chamber at the Palace of Westminster, but Bishop Stubbs prefers the simple explanation of gilded stars on the ceiling. Hallam considers that this court originally was the concilium, oraiyiarium, but it was re-modelled by Henry VII. in i486. It was abolished by the Long Parliament in 1640, and an attempt to revive it in 1662 was ineffectual. STATUTE. {Sec Acts of Parliament.) ^^ F'^JING. The word describing at first the silv'., uioney current in the kingdom, derived from the coins stamped first by the so-called " Esterlings," or German merchants, in the reign of King John. At present it is chiefly used in connection with gold or pounds, and means the exact value, according to proportion of pure metal and alloy, settled by law. ( See Appendix.) SUBINFhiUDATION. The granting of lands under feudal obligation by a tenant-in-chief to a subordinate tenant. SUBSIDY. A grant of money to the Crown levied by tax on both real {lands) and personal . i* STUDENTS OF KNGLISH HISTORY. «7 » i< T property (money, cattle, Sec). It varied in as- sessment, and is often mentioned with the gen- eral meaning' of fax. It is stated by Rapin {Hist of E7ii^-., w 48, ? aitt/io) ity) to have been orig-jnally " twenty shillings of every knight's fee, and twelve pence of every one that had twenty shillings a year in and, or twenty pounds in money or goods." In 1625 two subsidies produced about ^150,000, and consisted of a tax of 4s. in the pound on real property, and 2s. Sd. on personal estates of ^^3 and upwards." (Bright, ii. 613, note i.) Dr. .Stubbs informs me that, prior to the reign of Mary i, the word im- plies merely a vote of taxes or imports defined by the vote itself; but subsequently ''a subsidy " comes to mean the tax of 2s. 8d. and 4s. {appvfx. 64c. and 97c.), as described above. > SUFFRAGAN. The title given to an assistant - bishop in a diocese, who is empowered to per- form all episcopal acts, but does not hold a barony. All English bishops are legally suflVa- gans to the Primate of their province. SUPPLY, ^he money granted by the country in the form of taxes for the expenses of govern- ment. SUPREMACY • Act of). By 26 Hen. VIII. c. I (1534) the king was declared "the only su- preme head in earth of the Church o{ England." The Act was repealed by Queen Mary (i & 2 88 WORD-IiOOK 1T)R Phil. & Mary, c. 8. ), but restored by the first Act of Queen Elizabeth's rei^n. (Ser Hallam, Const. Hist., chaps. \.-\\., passim.) SYNOD. {(Jvvohonsisting of It was the lich all the operation Isition of a Lce in the nd and the Troy of It to which Id in each country; in England to one-third, in France to one seventv-fifth of the original value. Gold coinage was not generally used in Eng'and before the reign of Edward III.,* but foreign coins had been used since the time of Dunstan. who pur- chased the estate of Hendon for 200 bezants or Bizanlitii, so-called because coined at Constanti- nople. The name was afterwards applied generally to all gold coins, as in the case of the name " florin." Further particulars will be gathered from the follow- ing table : — ^ There is a statement in one of the Chtonicles of London, ^nwo 1258, that '• a penny of pure gold was coined, and commanded to go for twenty shillings." (Leake, p. 72.) 98 APPENDIX. KEIGN AND YEAK. SPECIES. VALUE. Kdward I. (1290) Edward III. Henry VI. (1431) Edward IV. Henry VII (1504) Henry VIII. Eli;cabeth. James I. Charles I. Oliver Cromwell (1856). Charles II. Groats (S). Florins (G). Nobles (G). [Half & quarter F. & N.] Half groats & half-pence Angelet or angelot (G) — half- angel, struck at Paris, while in hands of English. Rials (G), halves and quar- ters. Shillings (S). Sovereigns (G), or double rials («/. " double rose- nobles.") Testoons^shillings.) Forty-penny pieces (G), /. ^., half the noble of 6s. 8d. Crowns of the double-rose. Threepences, twopences, three - half - penny, ana three-farthing pieces (S). Portcullis crowns or dollars, for exportation (S). Double-nobles (G) . Broad-pieces, or laurels. Double-crowns (G). Thistle-crowns (G). Spur-rials ^G). [During civil war struck gold pieces of lus., 20s., and Jii.\ Pieces of 20s. and 50s. The 20s. pieces known, ac- cording to difference of form, as unites, broad' piece s^2iXiA guineas. Also, nalves and quarters of above, double guineas and five-pound pieces. s. d. o 4 9 o 6 3 10 o o 12 ao o 3 4 4 6 $ c, 8 I 46 » 5a 2 43 24 4 86 81 T 21 I 09 30 20 7 2i 4 86 10 4 15 2 43 3 65 4 86 12 16 APPENDIX. 99 The guinea rose sul)seciuently (1695) to value of 30s. In 171 7 reduced to 21s. Varied in value in the early part o! present century, c. .i^., 1810 sold for 22s. 6d., in 1816 for 27s. None struck after 1817, the date of the introduction of our present sovereigns. It is far more diflficult to ascertain the purchasing power of money at different times and its relative value as compared with our own currency. As the result is a " function of two variaf)les," i. r., the price of bullion and the plenty or scarcity of commodities, the most careful calculations are liable to error. We know, for instance, that the expenditure of Henry 111. during a certain part of his reign did not exceed 24,000 marks per annum. Now a mark was equal to two-thirds of a pound, and a pound was as near as can be equivalent to three pounds of our present currency. Therefore the royal income would amount to ^48,000 in present money. But it is further neces- sary to examine the prices of conunodities, especially wheat, before a final conclusion is drawn. On this ground Hallam considered "any given sum under Henry III. and Edward I. as equivalent in general command over commodities to about twenty-four or twenty-five times their nominal value at present." During the period of the Wars of the Roses, the scarcity of money must have still further increased its purchasing power {see Paston and Plumpton Cor- respondence, passim.) But the increase of pros- perity in the next century has caused most authori- ties to reckon the ;^3oo,cfoo which Henry VIII. derived from subsidy and benevolence in 1545 as representing no more than three millions. The great debasement of the coinage, already alluded to, had naturally a great share in the result. Later in the .same century the influx of the precious metals caused a rise in prices, that of wheat increasing as much as a ICX5 APPENDIX. ''■'iiniMamtiii. this tiiiie , together J Revolu- war and e present