A Philological Commentary, Philological commentary · Part S
S.
SEISIN.
SEisin or Seison, is common as well to the EnglishCook on Lit. l. 2. c. 12. sect. 233. as French, and signifieth in the common possession. whereof Seisina a Latin word is made, and Seisire a verb.
SEISINA.
Seisina is derived of à sedendo, for untill he haveCooks 6th Rep. Bredimans case. seisin, all is labour and grief, but when he hath seisin, he may sedere & acquiescere.
SERGEANTS.
Sergeants are so called à serviendo, & à servando, or conservando, for they are conservators of the Law and Justice, and may be stiled as well Servantes leges, as servientes ad legem.
SHERIFF.
Sheriff or Shireve, is derived of two Saxon words, viz. Shire comitatus, which cometh ofCook on Lit. l. 3. c. 1. sect. 248. the Saxon verb, Shiram id est partiri, because the whole Realm is parted, and divided into Shires▪ and Reve praefectus, or praepositus, so as Sheriff is …raefectus provinciae, or Comitatus, Keeper of the Shire or County, the words of his Patent be commissimus vobis custodiam comitatus nostri. And he hath triplicem custodiam, a three-fold custody, viz.
1. Vitae Iustitiae, for no suit begins, and no process is served but by the Sheriff.
2. Vitae Legis, he is after long Suits, and chargeable to make execution, which is the l…e and fruit of the Law.
3. Vitae Reipublicae, he is Principalis conservator Vita reipublicae pax. Vicem gerens seu vicarius comitis. Cook preface to 3d Rep.pacis, within the County, which is the life of the Common-wealth. He is called in Lain vice comes, id est, vice comitis, that is instead of the Earl of the County, who in antient time had the Regiment of the County under the King, Sheriffs were great Officers, and Ministers of Justice long before the Conquest, and Justices of Peace had not their being untill almost 300 years after, viz. in the first year of Edward the 3d.
When the King makes a Sheriff, durante beneplacito, although he may determine his Office atCook 4th Rep. Mittons case. his pleasure, yet he cannot determine this in part, nor abridge the Sheriff of any thing incident or appurtenant to his Office, for the Office is intire, and it ought to continue so without any fraction or diminution, unless it be by Act of Parliament.
SOCAGE.
Socage, the legall termination of (agium) in composition signifieth service or duty, as homagium Cook on Lit. l. 2. c. 5. sect. 117.the service of the man, escuagium servitium scuti socagium servitium socae h…agium: the duty to be paid for a hide or plough-land, and so of cornagium, burgagium, villenagium.
When the Lord infeoffes another of arable land to hold of him in Socage, that is, per servitium socae, as every such tenure at the beginning was, as Littleton saith: the Feoffee ad manutenendum servitium socae, shall have common in the wastes of the Lord for his necessary beasts which dung his Land.
1. Because it was tacitely implyed in the feoffment, for the feoffee cannot dung his land without beasts, and they cannot be sustainedCook …th Rep. Cirringhams case. without pasture, and per consequens the Feoffee shall have (as a thing necessary and incident) Common in the wastes and lands of the Lord.
2. For the maintenance▪ and advancement of tillage which is much regarded and favoured in the Law.
SERIEANTY.
Serjeanty, cometh of the French word Sergeant, that is Satelles, and it is the same with service.Cook on Lit. l 2. c. 8. sect. 153. It is called Magna serjeantia, or magnum servitium; great service as well in respect of the excellency and greatness of the person to whom it is to be done (for it is to be done to the King only) as of the honour of the service it self: and Littleton saith, it is greater and more worthy then Knights service.
This Tenure hath 7 speciall Properties.
1. To be holden of the King only.
2. It must be done when the Tenant is able in proper person.
3. This service is certain and particular.
4. The Relief due in respect of this tenure differeth from Knights service.
5. It is to be done within the Realm.
6. It is Subject to neither aid pour faire fitz chivalier. or file marrier.
7. It payeth no escuage.
STATUTE.
Statute, cometh of the Latin word statatum, Cook on Lit. l. 2. c. 11. sect. 193.which is taken for an Act of Parliament made by the King, the Lords, and Commons.
STATUTES.
Statutes. Anno gtio. Caroli Regis. C. 1. No Carrier with any Horse or Horses Waggon, men with waggons, Waynemen with Waynes, nor Drovers with Cattell shall travell upon the Lords Day, twenty Shillings forfeit for every offence, every Dutcher that kills or sells Victuals on that day, shall forfeit for every offence 6 s. 8 d. The offences being done in view of any Justice of Peace, Mayor, &c. or proved upon Oath by two Witnesses, or by confession of the offendor.
All such forfeits shall be leavied by any Constable, or Church-Warden, by warrant from any Justice, Mayor, and by distress, sale of goods, or recovered by any person that will sue for the same by Bill, Plaint, or information in any of the Kings Courts of Record in any City or Town corporate, to the use of the poor of the Parish, saving that the Justice, Mayor, may reward the Informer according to their discretions: So that such reward exceed not the third part of the for-…eitures, to continue to the end of the first Se…on of the next Parliament.
Anno 1. Caroli Regis, C. 1.
No meetings of people out of their own Parishes on the Lords-day within this Realm, or the Dominions thereof, for any pastime whatsoever. Nor any Bear-baitings. Bull-baitings, Common Playes, or other unlawfull exercises used by any within their own Parishes, every person o… …ending, to forfeit for every offence 3 …. 4 d. to the poor of the Parish. One Justice of Peace of the County, or the chief Officer or Officers of any City or Borough, upon view or confession of the parties, or proof of one or more Witnesses on Oath, shall give warrant under hand, and seal to the Constables or Church-wardens of the Parish, to leavy the said penalty by distress and sale. And in default of distress, the offender to be set in the stocks three hours.
None shall be impeached by this Act, unless he be questioned within the monethmonth, to continue till the first session of the next Parliament.
Tertio Caroli capite 4to continued untill first session of the next Parliament.
Anno 21 Iac. Regis. An Act to prevent and reform prophane swearing and cursing.
None shall hereafter swear or curse, if any offend herein in the hearing of any Justice of Peace of the County, or of any Major, Justice of Peace, Bailiff, or Head-Officer of any City or Town Corporate, or shall be thereof convicted by the Oathes of two Witnesses, or confession of the party. They shall forfeit to the poor of the Parish for every time they so offend 12. d. And the Constable, Church-Warden, and Overseers of the poor of that Parish, by Warrant from such Justice or Head-Officer, shall leavy the same by distress and sale of the offenders goods, rendring the overplus. And in defect of distress, if he or she be above twelve years, shall by Warrant from such Justice of Peace, or Head-Officer be set in the Stocks three whole hours. And if the offendor be under 12 years of age, and do not forthwith pay the forfeit, then he or she by Warrant of such Justice, or Head-Officer, shall be whipped by the Constable, or by the Parent, or master in his presence. This Statute shall be read by the Minister of every Parish twice in the year, upon the Sunday after Evening Prayer.
The forfeiture for not repairing to the Church weekly is 12 d.
10. Iacobi. Who be adjudged Rogues by the Stat. of 39 Eliz. 4.
All persons calling themselves Scholars, going about begging, all Sea-fa…ing-men pretending loss of their Ships or goods on the Sea, going about the Country begging, all idle persons, Fortune-tellers, all Fencers, Bear-wards, common Players of Enterludes, and Minstrels wandring abroad.
STEALING.
Stealing. Theft is the fraudulent taking away of another mans goods, with an intent to steal them against (or without) ▪the will of him, whose goods they be.
The Civil Laws do judg open theft to be satisfied by the recompence of four-fold, and privy theft, by the recompence double, but theFortescue de laudibus legum Augliae. Laws of England suffer neither of those offences, to be more favourably punished, then with the offendors death, so that the value of the thing stollen be above 12 d.
He that stealeth the Eggs of Swans out of their Nests, shall be imprisoned for a year and a day, and fined according to the Kings pleasure,Cooks 7th Rep. Cases of Swans. one moity to the King, and the other to the owner of the Land where the Eggs were so taken, and it was a Custom in antient time, that he which stole a Swanne in an open and common River lawfully marked, the same Swanne (if it may be) or another Swanne shall be hanged in a House by the beak, and he which stole him in recompence thereof compelled to give the owner as much Corn as may cover all the Swan, by putting and turning the Corn upon the head of the Swanne, untill the head of the Swanne be covered with the Corn.
STEWARD.
Steward. This word is derived of two old words, Stede and ward, and it is as much to say, as a man appointed in my steed or place. And Seneschallus in Latin hath the signification: the Under-sheriff Subvicomes, in antient times wasCooks Rep. The Countess of Salops case, Seneschall is derived of sein, a house or place, and schal an Officer …r Governour; some say that sen is an antient word for Iustice, so as Seneschall should signisie Officiarius Justitiae Cook on Lit. l. 1. c. 9. sect. 78. called Seneschallus vicecomitis, because he exerciseth the place of the Sheriff himself, and therefore a great Officer of this Realm is called the great Steward, because the King appoints him in divers cases to exercise his place. By the Law, without speciall words, a Steward cannot make a Deputy, because his Office requires sciency, fidelity, and discretion.
Security of peace, Securitas de pace. Surety of the word Securitas, because the party that was in fear, is thereby secure and quiet. Lambert.
It is an acknowledgment of a Bond to the King, taken by a compent Judge of Record, for the keeping of the peace, Securitas de bono gestu suo, Surety of the good abearing, differs from surety of the peace in this, that whereas the peace is not broken without an affray, or battery, or such like; this surety, De bono gestu, may be broken by the number of a mans company, or by his or their weapons, or harness.
Surrender, quia sursum redditio, and it is of two French words, Suise & rendre, a yeelding up of an estate again to his Lessee, or his assignee.
SVSPENCE.
Suspence, cometh of suspendeo; and in legall understanding is taken when a Seignory, Rent, profit, apprender, by reason of unity of possessionCook on Lit. l. 3. c. 10. sect. 559. of the Seignory, Rent, &c. and of the Land out of which they issue, are not in esse, for a time, & tune dormiunt, but may be revived, or awaked. And they are said to be extinguished, when they are gone for ever. Et tune moriuntur, and can never be revived, that is, when one man hath as high, and p…rdurable an estate as another.
SUIT.
Suit. A Wife is disabled to sue without herCook on Lat. l. 2. c 11. sect. 200. Husband, as much as a Monk is without his Sovereign. But by the Common Law the Wife of the King of England is an exempt person from the King, and is capable of Lands or Tenements of the gift of the King, as no other Feme covert is, and may sue, and be sued without the King, as a Feme sole by the Common Law, butCook ib. fol. 132, 133. where the Husband is banished, the Wife may sue, and be sued.