meet more fully with all the 'fhifts invented to defraud these former ftatutes, he expreffeth • the offence more particularly, and fetteth the fame punishment to it that he ordained in the last former ftatute; for " there, toward the end, he hath thefe words: "If any pur"chafe or purfue, or do to be "purchased or purfued, in "the court of Rome, or elfe"where, any fuch tranflations, << proceffes, and fentences of 66 excommunication, bulls, in"ftruments, or any other "things,""&c. After him, king Henry the fourth, in like manner, grieved at this importunity by other abuses not fully met with in the former ftatutes, in the fecond year of his reign, cap. 3 and 4, addeth certain new cafes, and layeth upon the offenders in them the fame cenfure, whereunto, for fhortnefs fake, I refer you; admonishing likewife to add the ftatute anno 9 ejufdem, cap. pri. & anno 7, cap. 9. & 8 & anno 9 ejufdem, cap. 8, & anno 3 H. V. cap. 4. "Out of which ftatutes have our profeffors of the common law wrought many dangers to the jurifdi&tion ecclefiaftical, threatening the punishment contained in the ftatute anno 27 Edw. III. & 38 ejufdem, almoft to every thing that the court Christian dealeth in, pretending all things dealt within thofe courts to be the difherifon of the crown, from the which, and none other fountain, all ecclefiaftical jurifdiction is now derived; whereas in truth Sir Thomas Smith faith very rightly and charitably, that the uniting of the fupremacy ecclefiaftical and temporal in the king utterly voideth the use of all thofe ftatutes; nam, ceffante ⚫ ratione, ceffat lex. And whatfoever is now wrought or ⚫ threatened against the jurifdic tion ecclefiaftical, by colour of the fame, is but in emulation ' of one court to another; and by confequent a derogation to that authority from which all jurifdiction is now derived, and the maintenance whercof was by thofe princes especially purpofed. But of this read Sir Thomas Smith, Li. III. De Rep. Ang. cap. 9. Some later ftatutes do caft this pu ⚫nishment upon other offenders as namely the statute anno 1 Eliz. cap. prim. upon him 'that denieth the king's fupremacy the fecond time, &c. and the ftatute anno 13 Eliz. cap. 2, upon him that affirmeth the authority of the pope, 6 or that refufeth to take the oath of fupremacy; and the statute an. 13 Eliz. cap. 1, fuch as be feditious talkers of the inheritance of the crown, or affirm the queen's majefty to be an heretic. And the word is applied moft commonly to the punishment firft ordained by the ftatutes before-mentioned, for fuch as tranfgreffed ⚫ them; but in latter times impofed upon other offences: for that, where it is faid that " any man for an offence com⚫initted fhall incur a præmunire, it is meant that he fhall incur the fame punishment which is • inflicted against those that tranfgrefs the ftatute made anno 16 R. II. c. 5, which is Br commonly commonly called the ftatute of præmunire, which kind of reference is not unusual in our • ftatutes ; for example, I fhew only the ftatute anno 5 Eliz. cap. 5, where it is enacted, that if any man preach or teach by writing, that the common council of the realm do, by that ftatute, forbid flesh to be eaten, as of neceffity for the faving of man's foul, that he fhall for fuch preaching, &c. be punished as they be which be fpreaders of falfe news; having reference thereby to thofe ftatutes which contain the punishment of fuch offenders. Now touching the etymology of this word præmunire, fome think it proceedeth from the trength given to the crown by the former ftatutes, against the ufurpation of foreign and unnatural power; which opinion may receive fome ground from the ftatute anno 25 Edward III. ftat. 6, cap. pri. But • other think it to grow from the verb præmonere, being barbaroufly turned into præmunire, which corruption is taken from the rude interpreters of the civil and canon laws, who indeed do ufe the effect præmunire many times, for the efficient caufe præmonere, according to the proverb, He that is well warned is half armed. And of this I gather < reafon from the form of the writ, which is thus conceived in the Old Nat. Br. fol. 143.' Præmunire facias præfatum "præpofitum & I. R. procuratorem, &c. quod tunc fint co"ram nobis," 6 &c. for thefe words can be referred to none most usually taken, especially in thefe days, for that writ which lieth for one that is impleaded in the court Chriftian, for a caufe belonging to the temporal jurifdiction, or the 'cognizance of the king's court, whereby as well the party and his council, as the judge himfelf, and the register, are forbidden to proceed any farther in that caufe; for that it appertaineth to the difinheritage to the crown of fuch right as belongeth unto it.' C. Pro toto et in folibo, These words, when deeds and law proceedings were in Latin, were part of the form of a bond or obligation. In Weft's Symboleography, Part I, Sect. 102, are, among others, three forms of obligations, which contain the following paffage : Ad quam quidem folutionem bene & fideliter faciendum, obligamus nos, & quemlibet noftrum per fe, pro toto & in folido,' &c. The phrafe pro toto & in folido feems to have been formerly equivalent in meaning to the words jointly and feverally,' which are now ufed in our modern bonds. Q. Mare impedit. Quare im'pedit is a writ that lieth for • him who hath purchased a manor, with an advowson there'unto belonging, against him that disturbeth him in the 13th, the day of reprefentation, it is difficult to account for. law fuit. R. * right of his advowfon, by pre-coverare. To recover by a fenting a clerk thereunto when the church is void; and it ⚫ differeth from the writ called affifa ultimæ præfentationis, ⚫ because that lieth where a man or his ancestors formerly prefented, and this for him that is the purchafer himself. See the Expofitor of the Terms of the Law, and Old Nat. Brev. fol. 27. Bracton, Lib. IV. tractat. 2, ca. 6. Britten, ca. 92. and Fitzh. Nat. Brev. fol. 32. and the Register originall, fol. 30.' C. Quid pro quo. · an • Quid pro quo is artificial speech in the common law, fignifying so much · as the Greek συναλλαγμα among the civilians, which is a mutual proteftation or perfor < mance of both parties to a contract; as a horfe and ten 'pound between the buyer and the feller. Kitchin, fol. 184.' C. Quindena Paschae. Fifteen days after Eafter. For the application of this phrafe, vide infra, art. Retorna. Eafter-day, in the year 1614, was the 30th of May; in 1615 it was the 19th of April, as appears from a table inferted in Du Cange's Gloffary, art. Annus. Quindena Pafcha, in 1615, must therefore have been the 4th of May. This comedy was played firft in March 1614-15, and for the fecond time on the 13th of May 1615, and to this latter time the paffage in this comedy, Act I. Sc. 3, refers, though it is there erroneously ftiled the 15th of May; the difference between the 4th and eplenin. Corvel terms this replevie, and explains it as follows: Replevie, plevina, is the ⚫ bringing of the writ called replegiari facias, by him that hath his cattle or other goods diftrained by another for any • cause, and putting in furety to the fheriff, that upon the delivery of the thing diftrained, he will purfue the action against him that diftrained. Terms of Law.' C. Retorna. · Returne, returna, • cometh of the French retour, i. reditio, reverfio, recurfus, and in our common law hath two particular applications, as, namely, the return of a writ by fheriffs and bailiffs, which is ' nothing but a certificate made to the court, v-hereunto the writ directeth him, of that which he hath done touching the ferving of the fame writ; and this, among the civilians, is • called certificatorium. Of re' turns in this fignification ' speak the statutes of Weftm. 2, cap. 39, anno 13 Ed. prim. and Tractatus contra Vicecomites& Clericos, with divers other, collected by Rafall, titulo Returne of Shyreeves. So is the return of an office, Stawnf. Prærog. fol. 70, a certificate, into the court, of that which is done by virtue of his office. See the statutes Of days in bank, anno 51 H. III. & anno 32 H. VIII. cap. And in this fignification Hilary Term is faid to have Rr 2 four 621. four returns, viz. Octabis Hilarii, Quindena Hilarii, Craftino Purificationis, Octabis Purificationis; and Eafter Term to have 5 returns, viz. Quindena Pafcha, Tres Pafcha, Menfe Pafcha, Quinque Pafcha, & Craftino Afcenfionis; and Trinity Term 4 returns, i. Craftino Trinitatis, Octabis Trinitatis, Quindena Trinitatis, Tres Trinitatis; and Michaelmas Term 8 returns, fc. Octabis Michaelis, • Quindena Michaelis, Tres Michaelis, Menfe Michaelis, Craftino Animarum, Craftino Martini, Octabis Martini, Quindena Martini. The o ther application of this word is in cafe of replevy for if a man diftrain cattle for rent, &c. and afterward juftify or avow his act, that it be found lawful, the cattle before delivered unto him that was diftrained, upon fecurity given to follow the action, fhall now be returned to him that dif• trained them. Broke, titulo • Returne d'avers & hommes, " fol. 218. You fhall find this word often used in Fitzh. Nat. Br. as appeareth in the word Returne in his table; but in all thofe places it hath the one or the other of thefe two fig"nifications.' C. In the latter fenfe it is not ufed in any inftance in this comedy. Retornare. To return. Riota Riot, riottum, cometh of the French rioter, i. rixari. It fignifieth, in our common law, the forcible doing of an unlawful act, by three or more perfons affembled together for that purpose. Weft, Parte II. • Symbol. titulo Inditements, . Sect. 65 P. The differences ⚫ and agreements between a ri ot, rout, and unlawful affembly, fee in M. Lamb. Eire'narcha, Lib. II. cap. 5, &c. See the ftatute 1 M. 1. cap. 6 12, and Kitchin, fol. 19, who 'giveth these examples of riots: The breach of inclofures, or banks, or conduits, parks, pounds, houses, barns, the burning of stacks of corn. Mr. Lamberd, ubi fupra, ufeth thefe examples: To beat a · man, to enter upon a poffeflion forcibly.' C. Vide infra, art. Routa. Kiotofus. Riotous. Vide fupra, art. Riot. The adverb riotofe, formed from this adjective, was made, when law proceedings were in Latin, a part of the form of an indictment for a riot. In Weft's Symboleography, Part II. Sect. 186, is an indictment for an af. fray at the feffions, in which it is charged that the defendants il licite, routofe, & riotofe, fefe affemblaverunt;' and in another form in the fame collection, Sect. 187, the following words are used: • fefe illicite riotofe, & routose, assemblave'runt.' outa. Route, routa, is a • French word, fignifying a company or flock: as, une grande route de gents où de cerfs, grex hominum, longa fervo· rum feries. It fignifieth, in ⚫ our common law, an affembly of three perfons, or more, going on about forcibly to commit an unlawful act, but yet do it not. Weft, Parte II. Symb. • titulo Indictments, Sect. 65 0. M. Lamberd thus faith of it: "A rout is the fame, which the Germans yet call 6. rot,. "rot, meaning a band or great "company of men gathered to"gether, and going about to execute, or executing indeed, "any riot or unlawful act; and" 66 faith more,'" it is faid proper"ly of the multitude that affein"bleth themselves in fuch dif"orderly fort for their common " quarrels: as, if the inhabi"tants of a township do affem"ble to pull down a hedge, or "pale, to have their common, "where they ought to have " none, or to beat a man that "hath done them fome public "offence or displeasure. But "the statute of 18 Ed. III. ftat. "prim. cap. unico, which gi"veth procefs of outlawry a"gainst fuch as bring routs in"to the prefence of the justices, or in affray of the people, and "the ftatute of 2 Richard II. cap. 6, that fpeaketh of ri"ding in great routs to make "entry into lands, and to beat "others, and to take their "wives, &c. do seem to under"ftand it more largely and "it is a rout, whether they put "their purpofe in execution or : no, if so be that they do go, "ride, or move forward after "their meeting. Brook, titulo, "Riot, 4 & 5. So, as it feem 66 eth, a rout fhould be a special "kind of unlawful affembly; "and a riot the disorderly fact committed generally by any unlawful affembly. Howfoever it be, two things are 46 66 common both to riot, rout, and unlawful affembly; the one, that three perfons at the "leaft be gathered together, "for fo it is commonly taken at this day, as I have learned; the other, that they being to "gether, do breed disturbance "of the peace, either by figni"fication of fpeech, fhew of ar"mour, turbulent gesture, or "actual and exprefs violence, "fo that either the peaceable fort "of men be unquieted and "feared by the fact, or the lighter fort and bufy bodies "emboldened by the example." Thus far M. Lamberd, in his • Eirenarcha, Libro II. cap. 5, &c. where you may read C more worth the noting, though too long to be copied out. Kitchin giveth the fame definition of a rout, fol. 20.' C. Vide fupra, art. Riota. Kourosus, Routous, i. e. tumultuous. Vide fupra, art. Routa, and art. Riotofus. |