To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
Dedimus potestatem de Atturnato saciendo, for the Iudges to admit an Atturny for * 1.1 one in a suite, whether it be for the plain∣tife or desendant, demaundant or tenant, and in what action or suite soeuer the same be. This writ must be directed to the Iudges themselues, and groweth by the Kings pre∣rogatiue,
for at the Common Law the par∣ties must appeare in proper person, not by Atturny, although the Statutes gaue power afterwards to make Atturnies in diuerse cases; as appeareth before. But before those Statutes it seemeth that the King might grant to any man to make an Atturny in any suite. And one reason thereof was, be∣cause it is no error though the Iudge admit any plaintife or defendant to make an At∣turny, where by the Law he ought not.
Prohibitory ones are these that follow.
A protection cum clausula nolumus, to free ones possessions, land, rent, corne, cattell, * 1.2 carriage, &c. that nothing be taken against his wil for the Kings businesse, by his offi∣cers or ministers. This may be as well for a seculer as a spirituall person, and groweth by the Kings speciall fauour.
Persons or other spirituall persons not to be charged to the payment of fifteenes, * 1.3 for goods in their possession annexed to their Churches.
Quod clerici non eligantur in officium baliui, * 1.4 for a Clark, so is euery termed that is with∣in holy orders, not to be chosen an officer, as Bailife, Beadle, Reeue, &c. for his lands, and this writ reciteth that by the common Law they ought not, and commandeth that if any distresse or amerciament be leui∣ed, in this respect, it be restored.
A prohibition to forbid tenant in dower, or by curtesie of England, or gardein by * 1.5 Knight seruice, or in soccage, to commit
wast to the destruction of the inheritance. * 1.6 But this writ lieth not against lessee for life or yeares, for they come in by their owne lease: but in the other cases before the Law maketh their estate.
F. N. B. 25. ••.
Old. N B. 29. a. & b.
F. N. B. 176. a.
Old N. B. 175 b.
F. N. B. 55. e. 14 H. 8. 6. Shelly.
Tbe forme of the writ. F. N. B. 8. c. 14. H. 8. ibid.