which was complained of being not always likely to be true would not think it just to give them leave to Arrest or Hurry the Defendants to Prison as their Pride Malice Cruelty or oppressing Designs should incite them without some pause or Interval which many times cooleth the fury of mens rage and Impetuosities in the pursuit of their causeless anger or malice or by some other way or means lays aside their intended Law Sute our Laws in the favour shewed to Defendants imitating therein the Civil Law from whose Excellent and largly streaming fountain much of their reasons and Maxims are borrowed and derived which in it's Practice and Tenets is favorabilior reo quam Actori respects more the Defendant than the Plaintiff Actor quippe potuit omnia negotia ex consilio componere antequam reum vocaret for that the Plaintiff hath commonly made all his matters readie before he complains of the Defendant or cites him to appear to his Action reus vero quadam necessitate comparendi sibi imposita ita facile saepe non potest sibi consulere ut pro voluntate quae vult exequatur but the Defendant having a necessity put upon him to appear when he is summoned cannot in that time so well provide for his defence as to do or perform what he otherwise would do which may be the cause that apud Romanos Lege cautum ut Accusatori which was then in Civil as well as in Criminal Cases in foro horae sex ad dicendum reo vero novem ad defendendum darentur a Law was made by the Romans that the Accuser should be allowed six hours at the Barrâ— or in a Court of Justice to charge the Defendant but the Defendant was for his defence to have nine that apportionment of time being afterwards contracted and abridged by Cn. Pompey unto two for the Plaintiff and three for the Defendant and long before that amongst the Athenians and Lacedemonians fuit constitutum ut aequalibus votis super vindicando facinore in diversa trahentibus pro reo judicium staret quod videbatur aequissimum it was their Law or Custom that where in a Case betwixt the Accuser or Plaintiff and the Defendant the Votes of the one side and the other sell to be equal they held it most just or equitable to absolve or free the Defendant and for that or the like reason it was that Judge Hengham said in the Reign of King Edward the first quod Curia Domini Regis neminem decipere vult that the Kings Court of Justice would not have any Defendant to be surprized or deceived that by the Statute of the 51. of King Henry the third the dayes or Retourns in the Court of Common Pleas in Real Actions for Lands had so long a time allowed as from the Octaves or eight dayes after Michaelmas which as to the day of appearance is about the 9 th day of October unto the Octaves or eight dayes of St. Hillary which is as to the day of appearance the 23. day of January next following and of five Retourns in Dower which concerned only an Estate for life from the Octaves or eight dayes of St. Hillary which is the 23. day of January unto quindena Paschae or fifteen daies after Easter which in most years doth happen about the middle of April next following and by the Statute of 32 H. 8. cap. 2. daies were given in real Actions retornable in Octabis Sancti Hillarii unto Crastino Sanctae Trinitatis which is more than four months And that there are and have been to the intent that according to our Magna Charta the Defendant as well as the Plaintiff should be heard before Sentence or Judgement given those Indulgencies of Essoins de malo vemendi that a Defendant could not coveniently come or of malo lecti that he was sick c. Such Licences or kind of leave before Actions begun or prosecuted being so essential to a right distribution of Justice as antiently the parties could not compound or agree an Action or Suit depending without a Licence from the King to agâ—ee as it is yet in praxi in the course or manner of leavying Fines upon Writs of Covenant for a certain sum of money called by the name of the Kings Silver paid to the King upon the prae-fine and another sum of monie also upon the Post-fine and sometimes though now altogether dis-used upon an Action of Debt for no greater a sum of monie than 11 l. and some odd monie nor could the Plaintiff upon any mistake in his Action amend the matter or bring another Writ without a Petition or Request ut recedat a brevi that he might forsake that Writ or Action to purchase a better all the pleadings at Law where the obtaining of a Writ is mentioned alledging that the Plaintiff impetravit breve did Petition for that Writ and the special awarding of very many of the Writs and Process of Law being in the word petit breve de inquirendo de dampnis c. that the Plaintiff prayeth that he may have a Writ to inquire of Damages c. And was not without the pattern of ancient daies and the reasons that guided or conducted them unto it when in King Davids time as we may read in the Conspiracy and Rebellion of his Son Absolom the people were coming to David with with their Petions for Justice and there were amongst the Hebrews or people of Israel God in his most righteous Laws to that Nation which Moses afterwards told them farr surpassed the Laws of other Nations ordaining ut ex praescripto res Judicarent that matters of Controversie should be judged according to certain praescript forms and rules a certain sort of Magistrates called Grammatoisogogei which prefided over the Judges qui causas quae ad se deferrentur who received Petitions for Justice recipere vel rejicere possent quas recepissent ad Judices introducerent and having authority to receive or reject them did deliver to the Judges those which they approved to which custom or course that speech of our Saviour Christ in the 12 th Chapter of St. Luke alludeth Cum vadis cum Adversario tuo ad Principem in via da operam liberari ne forte trahat te ad Judicem when thou goest with thine Adversary to the Prince or Magistrate as thou art in the way give diligence that thou may'st be delivered from him lest he hale thee to the Judge And the Athenians having afterwards used the like the Romans their wise Imitators considering that hominem homini Lupum esse verissime dici solet men are too often Wolves to one another cum vita nostra ob corruptam naturam sine litibus transigi non posset melius erat Judiciorum formulas introducere quibus Judice cognitore homines disceptarent quam ferre quod quotidianis dissidiis ad arma rixas prosilirent and the life of mankind by their corrupt
extensive power of the chief Justice of England then so stiled to the placita only coram Domino Rege tenenda assignata as the Letters Patents or Commissions of the other Judges of the Court of Kings Bench are to this day to such matters as properly concerned Criminal matters the Crown and Dignity thereof and the peace of the Kingdome the Court of Common Pleas at Westminster being the only true and proper Jurisdiction Commissionated to hear the Common-Pleas and Actions for Lands and reall and personal Estate or Civill matters concerning and between Subjects one with another where the contracts or matters complained were not made or done in the Kings House or Palace or Virge thereof by the Kings Servants within the same House to be heard and determined coram Rege ubicunque fuerit in Angliâ before the King wheresoever he should be in England And there was so much care taken by King Edward the second and his Councill of such as were in his Service or imployed in his Affairs as when in the ninth year of his Raign It was enquired or debated in Parliament in what case the Kings Letters should be sent to discharge an Excommunicate person the King decreed as the words of that Law or Act of Parliament do witnesse that hereafter no such Letters should be suffered to go forth but in case where it is found that the Kings Liberty is prejudiced by the Excommunications which in those times were the fulmina or most terrilbe Thunderbolts and Terrors of the English Clergy And it being in the same Parliament complained of that the Barons of the Exchequer claiming by their priviledge that they ought to make answer unto no Complaynant out of the same place did extend their priviledge unto Clerks abiding there called unto orders or unto residence and inhibit ordinaries that by no means or for any cause so long as they be in the Exchequer or in the Kings Service they should not call them to accompt the answer was made by the King it pleaseth our Lord the King that such Clerks as attend in his Service if they offend shall be correct by their Ordinaries which was a protection and priviledge as greatly contenting them as the Kings protection or any priviledge of that nature Like as other but so long as they are occupied about the Exchequer they shall not be bound to keep residence in their Churches With this Addition saith the transcriber of that Act of Parliament of new by the Kings Councill which if understood of the Kings Privy Councill was without doubt ratified and approved by the Parliament that greater Council viz. The King and his Ancestors time out of mind have used that Clerks imployed in his service during such time as they are in service shall not be compelled to keep residence in their Benefices And such things as be thought necessary for the King and the Common-wealth ought not to be prejudicial to the liberty of the Church where we have in and by a Parliament which was alwaies intended as it ought to be a collected wisdome and care of the Nation a clear exposition of those words of Bracton quòd servitium domini Regis nulli debet esse damnosum nec debet esse tenenti and of Fleta nulli debet esse damnosum nec injuriosum the service of the King or any thing done in consequence thereof ought not to be esteemed a wrong or Injury to the Subjects The like priviledge for many Nations doe in their Laws and Constitutions not seldome follow the light of reason in the observation of Neighbours good Examples having not above six years before been allowed by Philip surnamed the fair King of France to the Chaplains and Clerks of the Kings and Queens of France Fleta who as our great and excellently learned Selden saith was an Anonymus or Author without a name but a Lawyer and as is by some supposed to have been at the time of the writing of his book a Prisoner in the Fleet and therefore gave it the name of Fleta by the mention of certain Statutes made in the 13th year of the Raign of King Edward the first as also of the Statutes made at Winchester and Westminster and a record in the 17th year of the Raign of that King is beleeved to have written his book in the latter end of the Raign of King Edward the second or the beginning of the Raign of King Edward the third saith that by a Statute made at Glocester in the sixth year of the Raign of King Edward the first if a Defendant were essoyned of the Kings service and do not bring his warrant at the day given him by his Essoyne he shall recompence the Plaintiffe for his Journy 20 s. or more after the discretion of the Justices and shall be grievously amerced to the King which alloweth that if the Kings warrant be brought that the Defendant is in the Kings Service that Statute not mentioning whether in ordinary or Domestique Service or extraordinary such a Warrant should be received and held good the rule of Law being that exceptio firmat regulam in casibus non exceptis Cases not excepted are alwaies within the protection and meaning of that Law which doth not except them and declares it to be then the Law that a man may be excused in a Court of Justice quod Clameum non apposuerit per servitium Regis quod nulli debet esse damnosum dum tamen docuerit quod venire non potuit ut si occupatus fuit per Custodiam Castri vel alio modo in servitio suo detentus et impeditus that he did not enter his Claim to land within a year and a day by reason of the Kings service which ought not to be prejudicial to any body so as he doe make it appear that he could not come as if he were imployed in the Custody of a Castle or any other way hindered by the Kings Service In the Chapter or discourse de Exceptionibus coram senescallo Marescallo Regis of the Exceptions of a Defendant to be used or taken in an Action brought or commenced before the Steward or Marshall of the King hath these words Item dicere poterit quod non est obligatus ad districtionem senescalli likewise he may say that he is not obliged or bound to obey the process or command of the Steward in the Bond taken for the payment of the money by a Clause inserted which was then not unusual as it appears by his next precedent Chapter that the Debtor should be obliged upon non-payment to appear or have the Action or matter determined before the Kings Steward or Marshall and etsi non obligetur ad districtionem senescalli hoc sibi prodesse non debet though he be not obliged specially in the Bond or obligation to the process or power of the Steward that will not availe the Defendant eò quod est de hospitio Regis et in
Protector of our Liberties and his care and vigilance to vindicate the just Rights and priviledges of himself and his Servants which being to be as dear unto him and of a greater concernment then the Priviledges of the University of Oxford which were granted and confirmed by divers of his Royal Progenitors Predecessors Kings and Queens of England may perswade those Invaders of his Royal Rights in the Priviledges of his Servants to esteem it no severity or injustice in our Gracious Soveraign to say and resolve as King Edward the third did in the Case of the Priviledges of the University of Oxford endeavoured to be undermined and subverted that he would have them to be inviolably observed and that he would impugnatores eorundem debite cohercerc the violators thereof duly restraine and punish and in another Case concerning Suits or Actions unduly brought in the Courts Ecclesiastical declare as that King did in these words ad jura nostra ne depereant seu per aliquorum usurpationes indebitas aliqualiter subtrahâ—ntur quatenus juste poterimus manutenendo subtractaque occupata si quae fuerunt ad Statum debitum revocand nec non ad impugnatores eorund Jurium refrenand pro ut convenit juxta eorum demerita puniend eo Studiosius nos decet operam adhibere solicitius extendere manum nostram quo ad hoc Juramenti vinculo teneri dinoscimur astringi pluresque conspicimus Indies Jura illa pro viribus impugnare least that our Rights may not be lost or diminished or by any undue usurpations in any wise substracted and to the end we may revoke or resume them and likewise punish the impugners thereof as it behoveth us according to their demerits and are the more carefully to use our endeavours therein to which we are by the Bond of our Oath obliged in regard we understand those our Rights to be more and more opposed notwithstanding that which to those who will look no further into it may seem but not prove to be an Objection that an Exigent being awarded in the Court of Common-Pleas against one R. C. in Easter Term in the seventh year of the Raign of King Henry the 8th in the County of Surrey the said R C as it is mentioned in Rastalls Book of Entries did the 13th day of June then next following being the first County Court day appear and deliver to the Sheriff the Kings Protection under the Great Seal of England wherein he stiled him his Servant and one of the Grooms of his outward Chamber took him and his Estate into his Salva guardia safeguard protection for one year next ensuing the 16th day of September then last past and prohibited the outlawing or molesting of him whereupon the Sheriff forbearing to proceed and at the retorn of the Exigent which was A die Sancti Michael is in unum mensem a moneth after Michaelmas retorning and reciting the Tenor of the Protection and concluding Ideo ad ulterius Executionem ejusdem brevis de Exigi fac nihil Actum est that therefore nothing more was done in the execution of the Writ of Exigent the Court Quia praedictus Vicecomes executionem dicti brevis de Exigend non fecit sed de executione ejusdem pretextu brevis alterius supersederit prout per retornum ejusdem vicecomitis constat in regard that the Sheriff did by colour or pretext of the said other Writ the Kings Protection supersede the said Writ of Exigent as appeared by the retorn of the said Sheriff amerced the Sheriff in forty shillings and ordered that a new Exigent the retorn of the former being expired should be awarded against him retornable A die Paschae in unum mensem a moneth after Easter for upon view of the Record it appeareth that the date of the Kings Protection was the sixth day of February in the sixth year of the Reign of that King and to endure for a year from the 16th day of September next before the date thereof and that the said R. C. being in the Exigent whereunto he appeared and the Writs of Capias alias and Pluries leading thereunto named Richard Camden of the Town of VVestminster in the County of Midlesex Fishmonger otherwise called Richard Camden of the Town of VVestminster Fishmonger the Action being an Action of Debt for 6 l. 13 s. 4 d. at the Suit of VVilliam Isack Alderman and Draper of London the King also mentioning him immediately after the Title of his Servant and one of the Grooms of his Chamber to be otherwise called Richard Camden late of London Fishmonger It is very probable that he had been only sworn one of the Grooms of the Kings Chamber Extraordinary and evident enough That the Sheriff was justly amerced for taking upon him to supersede the said Exigent as if he had been a Judge when he was but a ministerial Officer and was to have attended the Judges allowance or disallowance thereof who might well afterwards award an Exigent de novo to be made against him when the Protection was expired and if it had not been expired were not to take notice of it from the Sheriff but from the Writ of Protection it self when it should have been brought and delivered unto them as it was adjudged in the 38th year of the Reign of King Henry the 6th where a Sheriff was fined for delivering a prisoner out of his Custody by the Kings Writ of Protection which should first have been brought to the Judges and allowed by them And might besides have been well disallowed by the Sages of the Law in the said 7th year of the Reign of King Henry the 8th for variance betwixt the Addition of the Defendant in the Exigent and Writ of Protection as the like had been done in the 19th year of the Reign of King Henry the 6th And if he had been the Kings Servant in Ordinary might have been as legally granted unto him to revoke supersede an Utlary unduly prosecuted as the Judges of the Court of Kings-Bench or Common-Pleas have reversed or stayed Utlaries by reason of the Defendants imprisonment sickness of malady hindering an appearance to an Exigent or as the Judges of the Court of Kings-Bench in the 5th year of the Reign of King Edward the 4th did resolve that they themselves might ex officio by Office of Court do it in case wherein an Indictment was insufficient or an Exigent was awarded where it ought not or as the Judges did in the 10th year of the Reign of that King in allowing upon a Traverse and Issue joyned upon an Exigent in an Action of Trespas the priviledge of a Filacers Horsekeeper travailing with his Master to London and bringing back his Horses or as the Judges of the Court of Common-Pleas in the 5th year of the Reign of King Henry the 8th did by his authority supersede an Exigent by a Protection allowed by reason of serivce in War or
a Venire facias she did cast a common Essoin and at another day was Essoined de Service del Roy and had another day given by the like Essoin but not bringing her Warrant the Court would not turn it to a default but in regard of great delay and damage alledged taxed the 20 s. allowed by the Statute to 40 s. and the Nisi prius was granted In the 22th year of his Reign in an Assise the King by his Writ reciting that it was ordained by him and the great men of the Land that an Assise brought by any which was in the service of the King should from thenceforth be continued testifyed that the Defendant was in the Kings service at Calais and commanded the Judges to continue the Assise and the Writ was that although that the name of the said Defendant was afterwards inserted in the Writ Original the Assise should continue as long as the Defendant remained in that imployment or that the King should otherwise command whereupon the Assise was continued until the next Assise notwithstanding the Statute which commands the Court not to surcease by any command of the great or lesser Seal In Michaelmas Term in the 22th year of the said Kings Reign a Woman was Essoined de Service le Roy quia Nutrix Isabellae filiae Regis Et allocatur In Trinity Term in the 28th year of that Kings Reign in an Action of debt the Defendant after he had been attached by his body gave bayl and was therefore adjudged to be in Custody but because the Protection was quia profecturus and the Judges at all times have used to allow such Protection it was allowed In Michaelmas Term in the same year a Woman was Essoined de Service del Roy quia Nutrix Domine Elizabethae filae Regis Angliae and the Demandant alledging that she to whom she was Nurse was of full age and so is not to be understood to have a Nurse and prayed that the Essoin might be quashed it was answered by the Court she could not be a party to that averrment whereupon the Essoin was adjudged and adjourned In Trinity Term in the 29th year of the aforesaid Kings Reign Essoin de Service del Roy being mistaken was amended Upon a Protection quia profecturus the King signifying by his Writ that the party was maymed and could not go in his service commanded the Justices to proceed in the Action In the same Term in an Action of debt brought against John Clinton Executor of William Clinton Earl of Huntington a Protection being brought for John Clinton the word Executor being interlined the Court notwithstanding the Allegations made against it allowed it A Protection quia profecturus was brought after an emparlance when the Defendant was come to an answer and was of an elder date than the appearance yet notwithstanding was allowed In Hillary Term in the said year a day was given upon a Protection after a grand distress and in the said Term Thomas Dallirine brought a Writ of disceit against one and counted that having brought a Writ of Formedon against him and day was given untill the Octaves of St. Michael the Tenant brought a Writ of Protection to endure for a year suggesting that he ought to remain at York whereas he remained at the time when he should have appeared in Court at Compton in the aforesaid County and continued there by the space of a Month and traversed that he was not in the service of the King to his damage of forty pounds to which the Defendant pleaded that he was in the service of the King according to the purport of the Protection and traversed that he was not continually at Compton aforesaid and the truth being that he went to York and remained there one week in every month the Court left it to a Quaere what was to be done therein and what kind of Plea he might have in such a matter In Trinity Term in the same year in a Writ of ravishment de gard against divers a Protection was brought for one which discharged and put without day all the others In the 43th year of that King a Protection was allowed for the Husband and Wife Where a man was Essoined and afterwards brought a Protection quia en Service le Roy Thirning Justice said that the Essoin was for the service of the King and the Protection proveth that he is in the service of the King and the one is dependant upon the other and therefore awarded that the Protection should be allowed In Easter Term in the 7th year of the Reign of King Henry the fourth a Protection being cast in a Writ of Formedon quia moraturus in partibus VValliae the Justices were in doubt whether it were to be allowed for that VVales was within the Realm and took time to advise And in the mean time although the time of the Protection was expired would not suffer the Action to pass by default but awarded a Resummons In Michaelmas Term in the 11th year of the Reign of that King it was adjudged that if a Purveyor took Victuals for the Kings Houshold and be afterwards sued he shall have ayd of the King In Easter Term in the same year it was allowed by the Court to be Law that if a man give bayl upon a Capias and after bringeth a Protection he and his Bayl are excused In Trinity Term in the 12th year of the said Kings Reign it was adjudged that in whatsoever Plea an Essoin doth lye there also lyeth an Essoin pour service le Roy and two Essoins of the service of the King do not lye but one after the other In Hillary Term in the same year it was agreed that an Essoin pour service le Roy may be â—uâ—t upon a Petit Cape and if he which doth cast the Essoin doth not make it good or bring his Warranty a Capias was to be awarded against him to answer the disceit And it is to be observed that antiently before it was taken away by an Act of Parliament the Essoiner in a common Essoin was to make Oath In Easter Term in the third year of the Reign of King Henry the 6th a Protection being cast at the Nisi prius and it being for one year and the party coming again within the year a repeal was obtained and two precedents shewed that in the like case Protections were repealed whereupon by advice of the Judges a resummons was granted and it was alleadged that the Plaintiff was at no mischief because he may have his writ of disceit In Trinity Term in the same year at an Alias nisi prius the Defendant being Essoined quia in servitio Regis it was denyed because there was a great difference betwixt an Essoin and a Protection of the King for that by the Kings protection the King taketh the party into his protection which is
subjectionem Reverence and subjection and being then unarmed and his sword ungirt denoteth that he is never to be armed against or opposite to his Lord which by prosecuting or arresting any of his servants without leave he may well be deemed to do and in that faedere perpetuo as to them eternal league betwixt him and his Lord is not saith Bracton propter obligationem homagii by the obligation of his homage to do any thing quod vertatur domino ad exhaeredationem vel aliam atrocem injuriam which may turn to the disheriting of his Lord or other great injury which a sawcy and unmannerly arrest and haling of his servants to prison without licence first obtained hindring thereby his dayly and special service wherein his health safety and honor may be more than a little concerned endangered or prejudiced must needs by understood to be which if he shall do justum erit judicium quod amittat tenementum it will be just that he should lose his Land and our Writ of Cessavit per 〈◊〉 by which the Tenant if he perform not his services to his Lord within two years shall have his Land recovered against him redeemable only by paying the arrears of rents if any and undertaking to perform his services better for the future bespeaks the same punishment a certain conclusion will therfore follow upon these premisses that all such as did before the conversion of Tenures in socage hold the King their Lands immediately in Capite and by Knights service ought not to sue or molest any of his servants without license and although that inseparable Incident of the Crown and most Antient and noble Tenure of Chivalry and military service is now as much as an Act of Parliament can do it turned to the Plow or socage Tenure yet the fealty which is saith Sir Edward Coke included in every doing of homage which being done to a mesne Lord is always to have a Salva fide saving of the Tenants faith and duty to the King his heirs and Successors doth or should put all that are now so willing to hold by that tenure and to leave their Children and Estates to the greedy and uncharitable designs of Father-in-Laws under the conditions and obligations of fealty in mind or remembrance that by the fealty which they do or should swear unto the King and the oath of Allegiance which containeth all the Essential parts of homage and fealty which are not abrogated by that Act of Parliament for alteration of the Tenures in Capite and by Knights service into free common socage and the Oath of Supremacy to maintain and defend the Kings Rights Praeheminences and Jurisdictions cannot allow them that undutifull and unmannerly way of Arresting Molesting or Imprisoning any of the Kings Servants without leave or licence first had and that a Copyholder in Socage forfeits his Lands if he speak unreverent words of his Lord in the Court holden for the Mannor or goeth to any other Court wherely to intitle the Lord thereof to his Copyhold or doth replevin his Goods or Cattel upon a Distress taken by the Lord for his Rent or Service or refuse to be sworn of the Homage which in Copyhold Estates is not taken away by the Act of Parliament of 12 Car. Regis Secundi for the taking away of Homage upon Tenures in Capite and by Knights Service And where a Copyhold Tenant against whom a Recovery is bad cannot have a Writ of false Judgement he hath no other remedy but to petition the Lord to Reverse the Judgement nor can have an Assise against his Lord but may be amerced if he use contemptible words in the Court of the Mannor to a Jury or without just cause refuse to be of it that all the Lands of England are held immediately or mediately of the King that every Freeman of London besides the Oaths of Allegiâ—nce and Supremacy takes a particular Oath when he is made Free to be good true and obeysant to the King his Heirs and Successors and doth enjoy all the Liberties and Freedome of the City Trade and Companies by and under them And that they and all other Subjects his astricti Legibus which are under such Obligations cannot by their Homage Fealty Tenure of their Lands natural Ligiance under which they were born and Oaths of Allegiance and Supremacy without violation of them and the hazard of their dreadfull consequences incroach upon those just and rational Rights and Priviledges of the Kings Servants confirmed by as many Acts of Parliament as our excellent Magna Charta of England hath been at several times after the making thereof at the granting of which King Henry the 3 d. took such care of his own Rights and Priviledges as by his Writ of Proclamation to the Sheriff of York wherein mention being made that he had granted to the people the Liberties mentioned in the Magna Charta which he would have to be observed he commanded him nevertheless that all his own Liberties and priviledges which were not specially mentioned and granted away in that Charter should be specially observed as they were used and accustomed in the times of his Auncestors and especially in the Raign of his Father King John For our allegiance due to the King being vinculâ—m arâ—tius a more strict tye betwixt the King and his Subjects ingaging the Soveraign to the Protection and just Government of his people and they unto a due Obedience and Subjection unto him by which saith the Custumary of Normandie â—i tenentur contra omnes homines qui mori possunt vivere proprii corporis praebere consilium adjuvamentum ei se in omnibus Innocuos exhibere nec ei adversantium partem in aliquo fovere to give him councel and aid against all men living and dying to behave themselves well towards him nor to take any ones part against him will leave such infringers of his Royal Rights and Piviledges inexcusable for the dishonour done unto him by Arresting Molesting or Imprisoning his Servants upon any Actions or Suit without leave or licence and at the same time when many of them do enjoy the Priviledges of HAMSOCNE a word and priviledge in use and practice amongst our Auncestors the Saxons or questioning and punishing of any that shall come into their House Jurisdiction or Territotory by the gifts grants or permission of the King or some of his Royal Progenitors deny or endeavour all they can to enervate the Rights and Liberties of him and his Servants when they may know that he and his Predecessors Kings and Queens of England have and ought to have an Hamsocne Ham in the Saxon Language signifying domus vel habitatio an house or habitation and Socne libertas vel immunitas a liberty immunity or freedom to question and punish any that shall invade the Liberties and Priviledges belonging to his House Palace and Servants vel aliquid aliud faciendum contra