Page:A dictionarie of the French and English tongues - Cotgrave - 1611.djvu/566

 Iustice de serment. Triall of a cause by an oath ministred vnto one of the parties (an auntient forme of proceeding.)  Appeller, ou mettre en Iustice. To goe to law with; to sue, or commence a suit, against.

Iustice: f. Jurisdiction; power to administer iustice, authoritie to execute lawes, or to keep a Court for either; Of three principall kinds, High, Meane or middle, & Base or low; (although the word Iustice simply, and by it selfe imports onely the last;) also, the precinct, libertie, or territorie, wherein a Lord may exercise any of those kinds; also, the Court of such a Lord. Iustice censuelle, ou censiere. An action, or suit, for Censuel rights; or, power to determine of controuersies that concerne his Cens: (A kind of Iustice fonciere.) Iustice domaniale. as Iustice fonciere. Iustice pour ses droicts, & debites. Jurisdiction vsurped by diuers Lords (of ample Censiues, and of many vassalls) for the righting of themselues in the recouerie of duties withheld from them. Iustice fonciere. (The second branch of la Basse Iustice) Exercised by the Bas Iusticier ouer his vassalls, and Tenants (at least) for the preseruation, and recouerie of his Seigneuriall dueties; (Diuers customes (as those of Meaux, Valois, Xanctonge, S. Paul, and the priuat ones of Paris) haue vtterly reiected, and forbidden this kind of base Jurisdiction; Others (as those of Anjou, Touraine, le Mayne, and Lodunois) confound it with the first branch.) Iustice manuelle. Quand le Seigneur, pour avoir payement des arrerages de sa rente, ou charge, prent de sa main namps sur l'heritage en la presence du Sergent, auquel il les delivre pour les discuter. Iustice patibulaire à deux piliers. Belongs vnto a Lord High Iusticer; Looke Pilier. Iustice à sang. So doe the Customes of Anjou, Touraine, and le Mayne, tearme La Moyenne Iustice; giuing the Lord thereof power to iudge, and execute theeues, and men-killers; and to that end allowing him to set vp a paire of gallowes. Iustice du sang, & du Larron. Power to take notice of blowes, and bloud-wipes (bestowed in hot bloud) and of theeueries which be not capitall; conferred on the Lord of la Moyenne Iustice, by the customes of Picardie, and Flanders. Iustice vicomtiere. la Moyenne Iustice; tearmed so in all the customes of la Gaule Belgique. La basse Iustice. Base, or low Iurisdiction; of two principall kinds; viz: Personall; which taketh notice of all personall Actions (not exceeding the value of 60 s. or not subiect to a greater amerciament then 7 s. 6 d. Tourn.) and reall, or fonciere; for which loooke Iustice fonciere, and for more touching this kind of Iurisdiction, in, le Bas Iusticier. La haute Iustice. High Jurisdiction; authoritie to iudge, and determine all criminall, or capitall matters (except high treasons) and all ciuile Actions, or controuersies, except in Royall cases, and such as concerne Gentlemen, and the highwayes; wherewith no Lord, in the onely right of haute Iustice, is to meddle; Seeke le haut Iusticier. Acte de haute Iustice. The condemnation of a malefactor, whether vnto death, or to indure some other corporall punishment. Executeur de haute Iustice. An Executioner, or Hangman. La moyenne Iustice. Meane, or middle Jurisdiction; authoritie to determine all ciuile controuersies (except the before excepted in la haute Iustice;) and to proceed against some kind of malefactors, (as in le Moyen Iusticier.) Iusticement: m. Th' effect, or execution of Iustice, or of Iurisdiction.

Iusticiable: com Iusticiable; vnder Iurisdiction, subiect vnto suit, or lawes; that is to doe his suit vnto the Court of another.

Iusticiaire: com. Of, or belonging vnto, Iustice, or Iurisdiction.

Iusticier: m. A Justice, or Justicer; a Gentleman that hath (as almost euerie Gentleman of meanes in France hath) High, Meane, or Low Jurisdiction, within a certaine Precinct; or within his owne (or another mans) Territories: All Iusticiers (though otherwise there be oddes ynough in their Priuiledges) must keepe Clerks; and Seales for Sentences, but not for Contracts, if they haue not Droict de Tabellionné, ou Notariat which onely some few high Iusticiers haue:) They may also haue to the number of six Sergeants, and Goalers for the keeping of their prisons. Le bas Iusticier; ou, le Seigneur bas Iusticier. One that hath base Jurisdiction (within a certaine Precinct) ouer his owne, or another mans, tenants; takes notice of reall, or personall Actions not exceeding the value of 60 s; or wherein a greater amerciament, or fine then 7 s. 6 d. Tour. lies not: With trespasses a few Customes (as the reformed ones of Paris, and Melcun) allow him to deale, so they deserue not a greater fine then that; but the most restraine him to personall matters, and those especially that concerne his own rights; (with which onely the Bas Iusticiers of old time vsed to meddle; howsoeuer, their Iudges not content withall, haue in processe of time incroached on causes bred in villages betweene partie and partie, touching seisures, boundaries, deliuerie of possession, harme done by trespassing beasts, and other sleight and pettie differences, that require a speedie, and locall decision; for all which they are to keepe but foure Courts in a yeare:) Criminall persons taken in the manner he must apprehend, and may keepe them in his prison foure and twentie houres; but not longer, nor can he proceed further against them: Vpon euerie Confiscation, Escheat, or Bien Vacant that falls within his Libertie hee may take 7 s. 6 d. Tourn. but they are so few, and that so little, as many Iusticiers neglect it. Le haut Iusticier; ou, le Seigneur haut Iusticier. A Lord of high Iurisdiction; iudges, and determines all ciuile, and criminall causes (except, as in la haute Iustice) happening within his Libertie, or Precinct; To which end hee keepes a Iudge, or Garde de Iustice, at this time stiled higher (son Bailly, & Lieutenant,) who must bee learned, and a Graduate (for a Iudge thats no Graduate is not, in France, held worthie to pronounce the sentence of death in an ordinarie Iurisdiction:) And because of his owne businesses determinable (if they concerne the rights of his Iurisdiction, or Seigneurie) in his owne Court, he also keepes a Procureur fiscal'', by the name, and mouth of whom he pleads, euen as the King doth in higher Courts by his. He may hunt freely in fit seasons, ouer all the vninclosed groundes of his Liberties: Hee may fine his (offending) vassalls at his pleasure; and once in his time cause them all sweare, to acknowledge''