De republica Anglorum The maner of gouernement or policie of the realme of England, compiled by the honorable man Thomas Smyth, Doctor of the ciuil lawes, knight, and principall secretarie vnto the two most worthie princes, King Edwarde the sixt, and Queene Elizabeth. Seene and allowed.

Of pleas or actions. CHAP. 9.

PLeas or actions criminall be in English called pleas of the crowne, which be all those which tende to take away a mans life or any mēber of him, for his euill de∣seruing against the prince and common wealth.

And this name is giuen not without a cause. For taking this for a principle that the life and member of an Englishman is in the power onely of the prince and his lawes, when any of his subiectes is spoyled either of life or member, the prince is endammaged thereby, and hath good cause to aske accompt, how his subiectes should come to that mischiefe. And againe for so much as the prince who gouerneth the scepter, and holdeth the crowne of Englande hath this in his care and charge, to see the realme well gouerned, the life, mem∣bers and possessions of his subiectes kept in peace and assuraunce: he that by violence shall attempt to breake

that peace and assuraunce, hath forfeited against the scepter and crowne of England: and therefore not with∣out a cause in all inquisitions and inditementes, if any be found by the xii. men to haue offended in that be∣halfe, streight the prince is saide to be partie, and he that shall speake for the prisoner shall be rebuked, as speaking against the prince. Neverthelesse it is neuer defended, but the prisoner and partie defendant in any cause may alleadge for him, al the reasons, meanes and defenses that he can, and shall be peaceablie hearde and quietlie: But in those pleas & pursuites of the crowne, procurer or aduocate he gettes none,* 1.1 which in ciuill and pecuniarie matters (be it for land, rent, right, or pos∣session, although he plead against the prince himselfe) is neuer denied.

Pleas ciuill be either personall or reall, personall as contractes or for iniuries:* 1.2 reall be either possessorie to aske, or to keepe the possession, or in rem, which we cal a writte of right. For that which in the ciuill lawe is called actio or formula, we call writ in English: so the Greekes called it worde for word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and in our bar∣barous latine we name it breue.

And as the olde Romanes had their actions some ex iure ciuili, and some ex iure praetorio, and ordinarily prae∣tor dabat actiones & formulas actionum: so in Englande we retaine still this, and haue some writtes out of the chauncerie, other out of the common place or the kinges bench.

Notes

• * 1.1

  Sauing in ap∣pels and vpon a speciall plea.
• * 1.2

  Actio is the parties whole suite▪ breue is the kings pre∣cept.