- II: Coke’s Speech and Charge At the Norwich Assizes
- (preface, Written By Robert Prickett)
- The Lord Coke, the Preface to His Charge Given At the Assises Houlden In Norwich, the Fourth of August, 1606.
- ¶ Here Followeth the Words of His Charge In Order.
- III: Excerpts From the Small Treatises
- A. Book of Entries
- The Preface of Sr. Edward Coke, Knight Lord Chiefe Justice of England of Pleas Before the King Himselfe to Be Holden Assigned, and One of the Lords of His Majesties Most Honorable Privie Councell.
- B. the Compleat Copyholder
- Sec. XXXIII.
- C. Little Treatise On Baile and Mainprize
- The Conclusion With Advertisment.
- IV: Excerpts From the Institutes
- A. the First Part of the Institutes
- The Preface.
- Section 1 Fee Simple
- Section 2 Fee Simple
- Section 3 Fee Simple
- Section 4 Fee Simple
- Section 5 Fee Simple
- Section 7 Fee Simple
- Section 8 Fee Simple
- Section 9 Fee Simple
- Section 10 Fee Simple
- Section 11 Fee Simple
- Section 12 Fee Simple
- Section 21 Fee Tail, Part 2
- Section 69 Tenant At Will, Part 2
- Section 80 Tenant By the Verge, Part 3
- Section 96 Escuage, Part 2
- Section 108 Knight’s Service, Part 6
- Section 138 Frankalmoin, Part 5
- Section 170 Tenure In Burgage, Part 9
- Section 199 Villenage, Part 18
- Section 342 Conditional Estates, Part 17
- Section 366 Conditional Estates, Part 41
- Section 372 Conditional Estates, Part 47
- Section 412 Descents, Part 27
- Section 464 Releases, Part 20
- Section 481 Releases, Part 37
- Section 723 Warranty, Part 30
- Section 728 Fee Warranty, Part 35
- B. the Second Part of the Institutes
- Deo, Patriae, Tibi.
- Magna Charta,
- C. The Third Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of High Treason.
- Cap. II. of Petit Treason.
- Cap. III. of Misprision of Treason.
- | Cap. IV. Felony By Compassing Or Conspiring to Kill the King, Or Any Lord Or Other, of the Kings Counsell.
- Cap. V. of Heresie.
- | Cap. VI. of Felony By Conjuration, Witchcraft, Sorcery, Or Inchantment.
- | Cap. Lxii. of Indictments.
- D. The Fourth Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of What Persons This Court Consisteth.
- Cap. VII. the Court of Kings Bench, Coram Rege. 1
Villenage, part 18
| The fourth is, a man who by judgement given against him upon a Writ of Praemunire facias, &c. is out of the Kings protection, if hee sue any action, and the tenant or the defendant shew all the Record against him, hee may aske judgement if hee shall be answered; for the Law and the Kings writs be the things by which a man is protected and holpen, and so, during the time that a man in such case is out of the Kings protection, hee is out of helpe and protection by the Kings Law, or by the Kings writ.
Some hold an opinion that the writ is called a Praemunire, because it doth fortifie Jurisdictionem jurium regiorum Coronae suae of the Kingly Lawes of the Crown against foreine jurisdiction, and against the usurpers upon them, as by divers Acts of Parliaments appeare. But in truth it is so called of a word in the Writ; for the words of the Writ be, Praemunire facias praefatum A.B. &c. quod tunc sit coram nobis, &c. where Praemunire is used for praemonere, and so do divers interpreters of the Civill and Canon Law use it, for they are praemunit that are praemoniti. By the Statutes before quoted in the margent you shall perceive what statutes were made before Littleton wrote, and what have beene ordained since to make offences in danger of a Praemunire.
“out of the King’s protection,”
The judgement in a Praemunire is that the Defendant shall be from thenceforth out of the king’s protection, and his Lands and Tenements, goods and chattels | forfeited to the king, & that his body shall remaine in prison at the Kings pleasure. So odious was this offence of Praemunire, that a man that was attained of the same, might have beene slaine by any man without danger of Law, because (k) it was provided by Law, that a man might do to him as to the Kings enemy, and any man may lawfully kill an enemy. But Queene Elizabeth and her Parliament, liking not the extreme and inhumane rigor of the Law in that point, did provide that it should not be lawfull for any person to slay any person in any manner attainted in or upon any Praemunire, &c. Tenant in taile is attainted in a Praemunire, he shall forfeit the land but during his life, for albeit the Stature of 16. R.2. ca.5. enacteth that in that case their lands and tenements, goods and chattels, shall be forfeit to the King, that must be understood of such an estate as he may lawfully forfeit, and that is during his own life. And these generall words doe not take away the force of the Statute De donis conditionalibus, but he shall forfeit all his Fee simple lands, states for life, goods and chattels, and so was it resolved in Trudgins case.
“for the Law and the King’s writs.”
There bee three things as here it appeareth whereby every subject is protected, viz. Rex, Lex, & Rescripta Regis, the King, the Law, and the Kings Writs. The Law is the rule, but it is mute; The King judgeth by his Judges, and they are the speaking Law, Lex loquens. The processe and the execution which is the life of the Law consisteth in the Kings Writs. So as he that is out of the protection of the King cannot be aided or protected by the Kings Law, or the Kings Writ, Rex tuetur legem, & lex tuetur jus. (1) Besides, men attainted in a Praemunire every person that is attained of high treason, petit treason or felony,Protection: Generall, Particular. is disabled to bring any action, for he is (*)Extra legem positus, and is accounted in Law Civiliter mortuus.
It is to be understood that there is a generall protection of the King whereof Littleton here speaketh, and this extends generally to all the Kings loyall Subjects, Denizens and Aliens within the Realme, whose offences have not made them uncapable of it, as before it appeareth. And there is a particularprotection by Writ, which is one of the Kings Writs that Littleton here speaketh of. This particular protection is of two sorts, one, to give a man an immunitie or freedome from actions or suits, the second, for the safety of his person, servants and goods, lands and tenements whereof he is lawfully possessed from violence, unlawfull molestation or wrong. The first is of right, and by Law; the second are all of grace, (saving one) for the generall protection implyeth as much. Of the first sort some are Cum clausula (volumus), so called because the Writ hath this word (volumus) in it, viz. Volumus quod interim sit quietus de omnibus placitis & querelis, &c. And the other a protection Cum clausula, (nolumus) so called for the like reason. Of protections Cum clausula (volumus) for staying of pleas and suites there be foure kinds, viz. Quia profecturus (so called by reason they are part of the words of the Writ) 2. Quia moraturus (so named for distinction for the like cause) 3. Quia indebitatus nobis existit of the matter. 4. When any sent into the Kings service in warre is imprisoned beyond Sea. The former are for staying of actions and suits in generall. The third is for staying of suits of the subject for debts and duties due by the Kings debtor to them. Of the fourth you shall reade hereafter in this place. For the former two these nine things are to be observed. First, for what cause they are to be granted. 2. For what persons they are allowable. 3. A threefold time is to be considered, viz. the time of the purchase of them, the time of the continuance of them, and the time when they shall be cast. 4. In what place the service is to be performed. 5. Inwhat actionstheseprotectionsareallowable. 6. Under what seale and to whom they are directed. 7. Who is to allow, or disallow of them. 8. By whom they are to be cast and in what manner. 9. How upon just cause they may be repealed or disallowed. I must but point at these matters, to make the studious reader capable of them, and referre him to the Books and other Authorities at large being excellent points of learning.
As to the first, it is of two natures, the one concerns services of war, as the Kings souldier, &c. the other wisdome and counsell, as the Kings Ambassador or Messenger Pro negotiis regni, both these being for the publique good of the Realme, private mens actions and suits must be suspended for a convenient time; for Jura publica anteferenda privatis; and againe, Jura publica ex privatis promiscue decidi non debent, (a) And the cause of granting of the protection must be expressed in the protection, to the end it may appeare to the Court that it is granted Pro negotiis regni & pro bono publico, (b) or as some others say, pur le common profit del realme. And Britton saith, Nostre service, sicome estre en nostre force, & le defence de nous & de nostre. people, &c. , A man in execution in salva custodia shall not be delivered by a Protection.
(c) To the second these protections are not allowable onely for men of full age, but for men within age, and for women, as necessarie attendants upon the Camp, and that in three cases, Quia lotrix, seu nutrix, seu obstetrix.
(d) Corporations aggregate of many are not capable of these two protections, either Profecturae, or Moraturae, because the Corporation itselfe is invisible, and resteth onely in | consideration of Law. (c) Protection for the Husband shall serve also for the Wife.
(f ) Albeit the Vouchee, Tenant by resceit, Preier in aid, or Garnishee bee no parties to the Writ, yet before they appeare, a Protection may be cast for them, because when the Demandant grants the Vouchor or receitinjudgement of Law they are made privie, but if the Demandant counterplead the Vouchor or receit, then untill it be adjudged for them, and so they privie in Law, a Protection cannot be cast for them. And so it is of the Garnishee, a Protection may be cast for him at the day of the returne of the Scire facias. (g) No Protection can be cast for the Demandant or Plaintife because the Tenant or Defendant cannot sue a Resommons, or a Re-attachment, but the Plaintife onely that sued out the sommons or attachment, &c. must sue also the re-sommons or re-attachment. And so it is of an Actor in nature of a Plaintife, &c. and the Garnishee after appearance, and an avowant, and the like. (h) An Officer of the Kings receit, or any other Officer in any Court of Record, whose attendance is necessary for the Kings service, or administration of Justice being sued, cannot have a Protection cast for him.
(i) In every action or plea, reall or mixt, against two (where a Protection doth lie) a Protection cast for the one doth put the plea without day for all. So it is in debt, detinue, and account. But in trespasse, or in any action in nature of trespasse, which is in Law severall, where every one may answer without the other, there a Protection cast for the one shall serve for him onely, unlesse they joyne in pleading, or if they plead severall pleas, and one Venire facias is awarded against all, there a Protection cast for one, shall put the plea without day for all, and therefore in former times the Plaintife used to sue out severall Venire facias in those cases for feare of a Protection, &c.
(k) As to the threefold time, First, a Protection profecturae, regularly must not be purchased hanging the plea, but this faileth when he goeth in the Kings service in a Voyage royall; and that is twofold, either touching warre, and that onely is when the King himselfe or his Lieutenant, that is prorex goeth, or when any goeth in the Kings ambassage, Pro negotio regni, or for the marriage of the Kings daughter or the like, this also is called a Voyage royall. But a Protection Moraturae may be purchased, and cast pendente placito.
(l) Regularly a Protection cannot be cast, but when the partie hath a day in Court, and when if he made default, it should save his default: therefore when execution is to be granted against body, lands, or goods, no Protection can be cast; because the Defendant hath no day in Court. If a protection be cast at the Nisi prius for one, if before the day in banke it be repealed by Innotescimus, yet because it was once well cast, it shall save his default, but if the Protection be disallowed, either for variance, or that it lay not in the Action, or the like, there it shall turne to a default.
(m) If a man hath a Protection, notwithstanding plead a plea, yet at another day of continuance after that a Protection may be cast, so at a day after an Exigent, but after appearance he cannot cast a Protection in that Terme untill a new continuance be taken.
(n) Thirdly, no Protection, either Profecturae or Moraturae, shall indure longer than a yeer and a day next after the teste or date of it. And so it is of an Essoigne de service le Roy. If a Protection beare teste 7. die Januarii, and have allowance pro uno anno, the resommons, re-attachment or regarnishment may be sued 8. Januarii the next yeere, and yet that is the last day of the yeere.
And where Britton treating of an Essoigne beyond the Graecian Sea in a Pilgrimage, &c. saith thus, (o)Ascun gent nequident se purchasent nos letters de protection patents durable a un an, on a 2.ou a. 3. ans, & jalameyns font attorneys generals, ausi per nos letters patents: & ceux font bien & sagement, car nul grand Seignior ne chivalier de nostre realme ne doit prender chemyn sauns nostre conge, car issent poet le realme remainer disgarny de fort gente.
Three things are hereupon to be observed, First, that this was a protection of grace, whereof more shall be said hereafter. Secondly, that it was for the safetie of the great men of the realme, and that they should make general Attorneyes, so as no actions, or suits should be, thereby stayed. Thirdly, (by the way) that great men could not passe out of the Realme without the Kings licence. (p) A Protection granted to one, &c. untill he be returned from Scotland, was disallowed for the incertaintie of the time.
(q) To the fourth, the Protection as well Moraturae as Profecturae must be regularly to some place out of the Realme of England, and that must be to some certaine place, as super salva custodia Caliciae, &c. and not to Carlisle or Wales, which are within the Realme, or the like. But it may be to Ireland or Scotland, because they are distinct Kingdomes; or to Calice, Aquitaine, or the like. But a Protection, Quia moratur super altum mare, will not serve, not only because (as some thinke) that mare non moratur, but for the incertaintie of the place, and for that a great part of the sea is within the Realme of England.
(r) To the fifth. In some actions, Protections shall not be allowed by the Common Law, & in some actions they are ousted by Act of Parliament, Actions at the Common Law, as all Actions that touch the Crowne, as Appeales of Felony, and Appeales of Mayhem. (f) So | where the King is sole partie no Protection is to be allowed, in like manner in a Decies tantum, where the King and the Subject are Plaintifes, but in late Acts of Parliament, Protections in personall actions are expressly ousted. A Protection may be cast against the Queene the Consort of the King.
(t) In a writ of Dower unde nihil habet, no protection is allowable, because the Demandant hath nothing to live upon. Otherwise it is in a writ of right of Dower. Likewise in a Quare impedit, or Assise of Darreine presentment a protection lieth not, for the eminent danger of the laps. Neither lieth a Protection in an Assise of Novel disseisin, because it is festinum remedium, to restore the Dissesee to his freehold, whereof he is wrongfully and without judgement disseised. (u) In a Quare non admisit; a Protection is not allowable, because it is grounded upon the Quare impedit, and the like in a Certificate upon Assise for the like reason, and sic de similibus. Aprotection, Quia profecturus is not allowable (as hath beene said) in any Action commenced before the date of the Protection, unlesse it bee in a Voyage Royall. (w) An Infant is vouched, and at the Pluries venire facias, a Protection was cast for the Infant, and disallowed, because his age must be adjudged by the inspection of the Court.
(x) By act of Parliament no Protection shall be allowed in an attaint. (But at the Common Law a Protection for one of the Petite Jurie had put the plea without day for all) nor in an Action against a Gaoler for an escape, nor for victuals taken or bought upon the voyage or service, nor in pleas of Trespasse, or other contract made or perpetrated after the date of the same Protection.
(y) In a writ of Error brought by an Infant upon a fine levied, the Plaintife sued a Scire facias against the Conusee, for whom a Protection was cast, and the Court examined the age of the Plaintife, and by inspection adjudged him within age, and recorded the same, and then allowed the Protection, and this can be no mischiefe to the Plaintife, whereupon it followeth, that albeit the Plaintife dieth afterwards before the fine reversed, yet after his age adjudged and recorded, his heirs shall in that case reverse the fine for the nonage of his Ancestor. (a) And so it was resolved in the case of Kekewiche in a writ of Error brought by him by the opinion of the whole Court of the Kings Bench, otherwise it is, if the Plaintife dieth before his age inspected.
(b) Note in judiciall Writs, which are in nature of Actions, where the partie hath day to appeare and plead, there Protection doth lie, as in Writs of Scire facias upon Recoveries, Fines, Judgements, &c. albeit by the Statute of W.2. Essoignes and other delayes be ousted in writs of Scire facias, yet a Protection doth lie in the same. So it is in a Quid Juris clamat, and the like. But in Writs of Execution, as Habere facias seisinam, Eleit, Execution upon a Statute, Capias ad satisfaciendum, Fieri facias, and the like, there no Protection can be cast for the Defendant, because he hath no day in Court, and the Protection extendeth only ad placita & querelas, and must be allowed by the Court, which cannot bee but upon a day of appearance.
(c) In a writ of Disceit brought against him that obtained and cast a Protection upon an untrue surmise in delay of the plaintife, that protection is allowable. In an Action brought upon the Statute of Labourers a Protection doth lye, & sic de similibus.
(d) To the sixth, no Writ of Protection can be allowed unlesse it be under the great Seale, (*) and it is directed generally.
(e) To the seventh, the Courts of Justice where the Protection is cast, are to allow, or disallow of the same, be they Courts of Record, or not of Record, and not the Sherife, or any other Officer or Minister.
(f ) To the eighth, the Protection may be cast either by any stranger, or by the partie himselfe, an Infant, Feme Covert, a Monke, or any other may cast a Protection for the Tenant or Defendant, and this difference there is when a stranger casteth it, and when the Tenant or Defendant casteth it himselfe. (g) For the Defendant or Tenant casting it, he must shew cause wherefore he ought to take advantage of the Protection, but an estranger need not shew any cause, but that the Tenant or Defendant is here by Protection.
(h) As to the ninth, A protection may be avoided three manner of waies: First, upon the casting of it before it be allowed. Secondly, by repeale thereof after it be allowed: by disallowing of it many wayes, as for that it lyeth not in that Action, or that he hath no day to cast it, or for materiall variance between the Protection and the Record, or that it is not under the great Seale, or the like. (i) Thirdly, After it be allowed by Innotescimus, as if any tarrie in the Countrey without going to the service for which he was retained, over a convenient time after that he had any Protection, or repairs from the same service, upon information thereof to the Lord Chancellor, he shall repeale the Protection in that case by an Innotescimus. But a Protection shallnotbeavoided by an Averment of the partie of that case, because the Record of the Protection must be avoided by matter of as high nature.
| (k) There is a clause in the Protection to this effect, Praesentibus minime valituris, si contingat ipsum, &c. a custodia castri praedicti recedere. Or si contingat iter illud non arripere, vel infra illum terminum à partibus transmarinis redire. Whereupon there be two conclusions to be observed.
First, That though the protection be allowed by the Court for a yeere, yet if it be repealed by an Innotescimus that the Resommons or Re-attachment shall be granted upon the Repeale within the yeare, for the Protection that was allowed had the said clause in it. And of that opinion be our later Bookes, and the Repeale by Innotescimus should serve for little purpose, if the Law should not be taken so.
Secondly, That albeit he that had the Protection either Moraturae or Profecturae, returne into England, and haply be arrested and in prison, yet if he came over to provide Munition, Habiliments of warre, victuals, or other necessaries, it is no breach of the said conditionall clause, nor against the Act of 13. Richard 2. cap. 16. for that in judgement of Law comming for such things are of necessitie for the maintenance of the warre, moratur, according to the intention of the Protection and Statute aforesaid. And thus much of the two first Protections, Cum clausula volumus, Protecturae and Moraturae.
(l) As to the third Protection, Cum clausula volumus, the King by his Prerogative regularly is to be preferred in payment of his dutie of debt by his Debtor before any Subject, although the Kings debt or dutie be the latter, & the reason hereof is, for that Thesaurus Regis est fundamentum belli, & firmamentum pacis. And thereupon the Law gave the King remedy by Writ of Protection to protect his Debtor, that he should not be sued or attached untill hee paid the Kings debt, but hereof grew some inconvenience, for to delay other men of their suits, the Kings debts were the more slowly paid. And for remedie thereof (m) it is enacted by the Statute of 25.E.3. that the other Creditors may have their actions against the Kings Debtor and to proceed to Judgement, but not to Execution unlesse he will take upon him to pay the Kings debt, and then he shall have Execution against the Kings Debtor for both the two debts.
This kinde of Protection hath (as it appeareth) no certaine time limited in it. But in some cases the subject shall be satisfied before the King (n) for regularly whensoever the King is intitled to any fine or duty by the suit of the partie, the party shall be first satisfied, as in a Decies tantum, And so if in Action of Debt the Defendant deny his Deed, and it is found against him he shall pay a fine to the King, but the Plaintife shall be first satisfied, and so in all other like cases. And so it is in Bills preferred by subjects in the Starchamber, their costs and damages (if any be) shall be answered before the Kings fine, as it is daily in experience.
The fourth protection, Cum clausula volumus, is when a man sent into the Kings Service beyond Sea is imprisoned there, so as neither Protection, Profecturae or Moraturae, will serve him, and this hath no certaine time limited in it, (o) whereof you shall read at large in the Register, and F.N.B.
(p) Now are we at length come to Protections, Cum clausula nolumus, All which saving one, are of grace, and as hath beene said are implyed under the generall protection, for as Fitzherbert saith, every loyall subject is in the Kings Protection. Of these Protections of grace, you shall not read much in our yeere Books, because they stayed no Actions or Suits; (q) Of the divers formes, of these you shall read at large in the Register, and F.N.B. which were too long and needlesse to be here recited.
The Protection Cum clausula nolumus, that is, of right, is, that every spirituall person may sue a Protection for him and his goods, and for the fermors of their lands and their goods, that they shall not be taken by the Kings Purveyor, not their carriages or chattels taken by other Ministers of the King, which Writ both recite the Statute of 14.E.3.
Of these Protections I cannot say any thing of mine owne experience, for albeit Queene Elizabeth maintained many warres, yet she granted few or no Protections, and her reason was, that he was no fit subject to be imployed in her service, that was subject to other mens actions, lest she might be thought to delay Justice.
[Ed.: Writ against one who introduces a foreign power into the kingdom. Used to regulate the activities of Roman Catholics.]
[Ed.: the jurisdiction of the royal rights of the crown.]
For Statutes, Vid. 35. E. 1. stat. de Carlile. 25. E. 3. c. 22. 25. E. 3 stat. de provisors, 27. E. 3. c. 1. 38. E. 4 ca. 3. 2. R. 2. ca. 3. R. 2. c. 3. 12. R. 2. c. 5. 16. R. 3. c. 5. 2. H. 4 c. 3. & 4. 6. H. 4. ca. 1. 24. H. 8. c. 12. 25. H. 8. c. 19. 20. 26. H. 8. c. 16 1. Eliz ca. 1. 5. Eliz ca. 1. 5. Eliz ca. 13. Eliz. ca. 1. 2. 8 27. Eliz. c. 2. 39. Eliz c. 18. For Presidents, Vide Mich. 19 E. 3. coram Rege in Thesaur. Pasch. 44. E. 3. ibid. Melbornes case. Mich. 38. H. 6. ibid. The case of Rich Beauchamp and others. Hil. 25. H. 8. coram Reg. The case of Nic. Bishop of Norwich. Trin. 36. H. 8. Rot. 9. Coram Rege. The case of the Bishop of Bangor. Mich. 26 & 27. El. coram Rege, Perrot against D. Bevance & others. Booke of Entries, fo. 429. & 430 & ibid. Mich. 9. H. 7. f. 23.
[Ed.: Cause the said A. B. to be warned, etc. to be before ourself, etc.]
Booke cases, 21. E. 3. 40. b. 18. H. 68 9. E. 4. 2. 35. E. 3. 7. 24. H. 8 tit. Pramunire 16. 10. H. 4. 12. 27. E. 3. 84. 6. H. 7. 14 44. E. 3. 36. 11. H. 7. tit. Praemunire, P. 5. 17. H. 7. Justice Spillmans in Turberviles case Kilwey, fo. 195. Doct & Stud. lib. 2. cap. 32 Brooke, tit. Praemunire 21. Temps. E. 6. Bishop Barloes case.
(k) 24. H. 8. Brooke Coron. 196.
5. Eliz. ca. 1 Hil. 12. Eli. Trugins case resolved per les Justices, 7. H. 4. 20. Simon Beverleys case.
(l) 4. E. 4. 8. 1. E. 4. 1. b 30. E. 3. 4. 8. Eliz. Dier 24
(*) Mich. 9. E. 3. coram Rege Rot. 84. Warw.
[Ed.: He who is placed out of the Law,]
[Ed.: dead in the view of the law.]
[Ed.: with a volumus (we will) clause . . . that is to say, we will that in the meantime you shall be quit of all pleas and plaints, etc.]
[Ed.: [a writ of protection] because he is about to go.]
[Ed.: [a writ of protection] because he is remaining.]
[Ed.: because he is indebted to us.]
[Ed.: Public rights are to be preferred to private.]
[Ed.: Public rights ought not to be decided promiscuously with private.]
(a) 39. H. 6. 39. 3. H. 6 tit. protection 2. 13. R. 2 ca. 16.
[Ed.: For the business of the realm and the public good,]
(b) Mirror, cap 3. Sect. 23. Britton,281. Fleta lib. 6 cap. 7. 8. &c. Bracton.
[Ed.: for the common profit of the realm.]
[Ed.: Our service, as, to be in our force, and the defence of ourself and our people, etc.]
5. Marie Dyer 162
[Ed.: in safe custody.]
(c) 19. H. 6. 51. 30. E. 3. 21 F. N. B. 28. 1. 11. E. 3. Rot. par. 3. part for the Countesse of Warwick.
[Ed.: Because she is a laundress, or a nurse, or a midwife.]
(d) 30. E. 3. 1. 21. E. 4. 36. 31. H. 3. 97.
[Ed.: Profit . . . persistence [literally, lingering].]
(e) 35. H. 6. 3. 43. E. 3. 23 48. E. 37 4. H. 5. protection, 107
(f) 45. H. 3. protect. 37. 3 H. 6. 18. 30. 8. H. 6. 10 9. H. 6. 36. 40. E. 3. 18 32. E. 3 protect. 54. 21 E. 3. 14. H. 4. 16. 45. E. 3 tit. protect. 40. 14. E. 3 protect. 66.
[Ed.: Writ to the sheriff to require another to show cause why the plaintiff should not have the benefit of a matter of record, such as a judgment for a letter patent.]
(g) 24. E. 3. 26. 47. E. 3. 5 5. H. 5. 5. 38. E. 3. 1. F. N. B 28. g. 20. R. 2. Protect. 106 22. H. 6. 28. 9. H. 6 36. 45. E 3. 36. 17. E. 3. 24. 25. E. 3. 43. 24. E. 3. 26. 13. E. 3. protection 71. 1 4. E. 3. ib. 65. 63. 20. E. 3. ibid. 84
(h) 7. H. 4. 3. a
(i) 9. E. 3. protect. 80 81 32. E. 3. ibid. 55. 16. E. 2. ib. 77. 13. E. 3. ibid. 90 41. E. 3 ib 95. 41. E. 3. 32. 42. E. 3. 9 5. H. 5. 7. 3. H. 4. 15. 2. R. 2 protect. 45. 43. E. 3. ib. 31 2. H. 6. 22. 21. H 6. 41. 38 E. 3. 12. 7. H. 6. 21. 33. B. 3. protect. 116. 4. H 4. 4. 29 E. 3 41. 45. E. 3. 24. 28. 11 E. 4. 7. F. N. B. 28. K.
[Ed.: A writ to summon the venire of potential jurors.]
(k) 3. H. 6. pro. 2. 39. H. 6. 30. 44. E. 3. 12. 13. R. 2 ca. 16. 3. H. 4. 16. 11. H. 4 7. 7. E4. 27. 28. H. 6. 1. 17. H. 6. protect. 56 10. E. 3. 54. 13. E. 3. amerciament. 18. li. 7. fo. 7. 8 Calvins case. 13. R. 2. c. 16
[Ed.: For negotiations for the King.]
[Ed.: [because] he is remaining,]
[Ed.: while a plea is pending.]
(l) 4 H. 6. 22. 17. E. 3. 76 33. E. 3. tit protect. 115 34. E. 3. ibi. 124. 27. E. 3. 79 29 E. 3. protect. 85. 88. 2. E. 4. 15. 19. E. 3. protect. 82. 79 13. E. 3. ib. 72. 9. E. 3. 21. 3. id. 6. 55. 4. H. 6. 22. 11. H. 6. 14. 14. H. 6. 22. 21. H. 6. 10. 27. H. 6. 4. 28. H. 6. 1 35. H. 6. 58. 44. E. 3. 2. 16 48. E. 3. 8. 7. H. 4. 5. 14. H. 4 23. 27. E. 3. 78.
[Ed.: The “nisi prius” courts tried issues of fact before a jury and one presiding judge.]
[Ed.: We make known.]
(m) 22. E. 3. 4. 16. E. 3 protect. 47. 44. E. 3. 16. 3. E. 3. amerciament. 18. 35. E. 3 Protection 123
(n) 39. H. 6. 39. F. N. B 28. Fleta lib. 6. cap. 8 Temps E. 1 grand cap. 26
[Ed.: essoin of the king’s service.]
[Ed.: for one year.]
(o) Brit. fo. 282. 283. & 280 Fleta lib. 6. cap. 8. accord.
[Ed.: Some people have purchased letters of protection from us to last for a year, or two, or three years, and are nevertheless general attorneys, also by our letters patent; and these do well and wisely, for no great lord or knight of our realm can go away without our leave, for in that way the realm could remain unprovided with men of that sort.]
(p) 1. E. 3. 25
(q) 7. Co. 8. Calvins case. 7. E. 4. 29. F. N. B. 38 c. g. h 7. H. 4. 14. 19 H. 6. 35 38. H6. 3. 32. H. 6. 3. R. 2 Rot. Parliament nu. 21. 22 E. 4. protect. 18. 8. R. 2. ibi. 125. 11. H. 4. 57. regist. judic. 14. 36. H. 6. tit. protect. 27. 6. R. 2. ibid. 14 Regist. orig. 88. saepe.
[Ed.: upon the safeguard of Calais.]
[Ed.: Because he remains upon the high seas.]
[Ed.: the sea does not ‘remain’.]
(r) Bract. lib. 5 139,140 Britton 181. Fleta lib 6. c. 7. 8. &c. 14. E. 2. protect. 109. 34. E. 3. ibid. 122. 19 E. 3. ibid. 78. 33. E. 3 ib. 99 21. E. 3. 13.
(s) 10. H. 6. Protect. 105
[Ed.: Ten times as much (the penalty for a juror who takes money to give a verdict).]
(t) 39. H. 6. 39. 43. E. 3. 6 & 32. 27. H. 6. 1. F. N. B 28. 17. E. 3. 23. lib. 4. f. 35 Bozoms case. Bract. li. 5 fo. 139,140.
[Ed.: from which nothing is held,]
[Ed.: The form of the writ of dower in which there is a claim to property.]
[Ed.: Writ to enforce a patron’s right to fill a vacant benefice.]
[Ed.: An action to recover a benefice presented to a clerk, but usurped by a presentation by a spurious patron.]
[Ed.: Writ of assise which lay for the recovery of lands or tenements, where the claimant had been lately disseised.]
[Ed.: A speedy remedy,]
(u) 15. E. 3. tit. protection 52. 12. E. 3. ibid 69 31. E. 1. ibid. 112
[Ed.: Writ against a bishop who refuses to admit a clerk to a benefice.]
[Ed.: likewise concerning similar things.]
[Ed.: A writ of protection.]
(w) 19. E. 2 protect. 111 32. E. 3. ibid. 54
[Ed.: Writ for several to appear.]
(x) 23. H. 8. c. 3. 34. E. 1 protection 38. 7. H. 4. c. 4 1. R. 2. cap 8.
(y) 21. E. 3. 24. 31. E. 3 protect. 97. 1. 5. E. 4. 50 35. H. 6. 43. 46. 8. E. 4. 8 19. E. 3. 22. 13. E. 3. protect. 3. 73.
[Ed.: Writ sought to cure a matter of record based on a mistake.]
(a) Pasch. 12. Ja. regis in the Kings Bench
(b) 13. E. 3. protect. 72 Fleta 1. 2. c. 12. 40. E. 3. 18 48. E. 3. 18. 19. 37. H. 6. 32 21. E. 4. 19. 15. H. 7. 8 47. E. 3. 5. 17. E. 3. 68 14. E. 3. protect. 64 W. 2. cap. 45
[Ed.: Writ by which a reversion or remanderman may compell the life tenant to acknowledge his estate.]
[Ed.: Writ to enforce a judgment at the close of a case.]
[Ed.: Writ of execution for a sheriff to seize and sell property to satisfy a money judgment.]
[Ed.: to pleas and plaints, etc.]
(c) 20. E. 3. protect. 83
[Ed.: likewise concerning similar things.]
(d) 35. H. 6. 2. Artic. Super. Cart. 6. 46. E. 3. petition 19
(*) Lib. 2. co. 17. Lanes case. Lib 8. fo. 68. Trollops case. 20. H. 6. 25. 2. E. 4. 4 38. H. 6. 23
(e) 43. E. 3. protect. 96
(f ) 21. E. 4. 18
(g) 38. H. 6. 23
(h) 44. E. 3. 12. 47. E. 3. 6
(i) 13. R. 2. c. 16. 11. H. 4 70. 7. H. 6. 22. 22. H. 6. 50 30. H. 6. 3. 19. H. 5. 35 21. E. 4. 20. 1. H. 6. 6. 42 E. 3. 9. 44. E. 3. 2. 39. E. 3 4. 5. 20. E. 3. protect. 86 34. E. 3. ibid. 119
[Ed.: Certification of a writing not filed in the Record.]
(k) 44. E. 3. 4. 12. 47. E. 3. 6 34. E. 3. protect. 119 28. H. 6. 34. H. 6. 22 30. H. 6. 3. 32. H. 6. 4
[Ed.: The presents to be of validity if he happens to withdraw from guarding the aforesaid castle [or] if that journey happens not to take place, or if he comes back from overseas within that term.]
[Ed.: with the volumus (we will) clause, [namely], profecturae (those about to go) and moraturae (those remaining).]
(l) Registrum 281. b F. N. B. 28. b 33. H. 8. c. 29. in the praeamble. 41. E. 3. tit. Execution 38. 18. E. 3. ibid. 56 27. E. 3. 88. b 4. E. 4. 16. 3. Eliz. Dier. 197 Rot. pat. 27. E 3. part. I m. 2.
[Ed.: The king’s treasure is the foundation of war and the firm support of peace.]
(m) 25. E. 3. cap. 19
(n) 41. E. 3. 15. 17. E. 3. 73 29. E. 3. 13. 4. E. 4. 16.
[Ed.: Penalty for a juror who sells the vote or verdict.]
(o) Regist. saepe. F. N. B. 28. c.
(p) Vide lib. 7. fol. 8. 9. Calvins case.
(q) Register 280, c. F. N. B. 29. A. B. C. D. E. F. G. H. Register 280 Statut. de 14. E. 3 F. N. B. 30. A.
[Ed.: Of the Generall, vid. li. 7 Calvins case per totum.]