Legal Terms

Legal Terms is in English.

Crescente Malitia crescere debuit et Pæna

Crescente Malitia crescere debuit et Pæna is a latin legal maxim which means that as the vice increases, the penalty or punishment must also increase. Simply the punishment should fit the crime.

Gunpowder Plot The Verdicts. Note. All eight Conspirators were to be hanged, drawn and quartered. The narrative provides the rationale for why this particlar punishment was applied.
The Conclusion shall be from the admirable Clemency and Moderation of the King, in that howsoever these Traitors have exceeded all others their Predecessors in Mischief, and so Crescente Malitia crescere debuit et Pæna; yet neither will the King exceed the usual Punishment of Law, nor invent any new Torture or Torment for them; but is graciously pleased to afford them as well an ordinary Course of Trial, as an ordinary Punishment, much inferior to their Offence.
And surely worthy of Observation is the Punishment by Law provided and appointed for High-Treason, which we call Crimen læsæ Majestatis. For first, after a Traitor hath had his just Trial, and is convicted and attainted, he shall have his Judgement to be drawn to the place of Execution from his Prison, as being not worthy any more to tread upon the Face of the Earth whereof he was made:
Also for that he hath been retrograde to Nature, therefore is he drawn backward at a Horse-Tail. And whereas God hath made the Head of Man the highest and most supreme Part, as being his chief Grace and Ornament, Pronaque cum spectent Animalia cætera terram, Os homini sublime dedit; he must be drawn with his Head declining downward, and lying so near the Ground as may be, being thought unfit to take benefit of the common Air. For which Cause also he shall be strangled, being hanged up by the Neck between Heaven and Earth, as deemed unworthy of both, or either; as likewise, that the Eyes of Men may behold, and their Hearts contemn him. Then he is to be cut down alive, and to have his Privy Parts cut off and burnt before his Face, as being unworthily begotten, and unfit to leave any Generation after him. His Bowels and inlay'd Parts taken out and burnt, who inwardly had conceived and harboured in his heart such horrible Treason. After, to have his Head cut off, which had imagined the Mischief. And lastly, his Body to be quartered, and the Quarters set up in some high and eminent Place, to the View and Detestation of Men, and to become a Prey for the Fowls of the Air.
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And this is a Reward due to Traitors, whose Hearts be hardened: For that it is Physic of State and Government, to let out corrupt Blood from the Heart. But, Pænitentia vera numquam, sera sed pænitentia sera raro vera: True Repentance is indeed never too late; but late Repentance is seldom found true: Which yet I pray the merciful Lord to grant unto them, that having a Sense of their Offences, they may make a true and sincere ConFession both for their Souls Health, and for the Good and Safety of the King and this State. And for the rest that are not yet apprehended, my Prayer to God is, Ut aut convertantur ne pereant, aut confundantur ne noceant; that either they may be converted, to the End they perish not, or else confounded, that they hurt not.
After this by the Direction of Master Attorney-General, were their several Examinations (subscribed by themselves) shewed particularly unto them, and acknowledged by them to be their own, and true, wherein every one had confessed the Treason. Then did Master Attorney desire, That albeit that which had been already done and confessed at the Bar, might be all-sufficient for the Declaration and Justification of the Course of Justice then held, especially seeing we have Reos confitentes, the Traitors own voluntary ConFessions at the Bar; yet for further Satisfaction to so great a Presence and Audience, and their better Memory of the Carriage of these Treasons, the voluntary and free ConFessions of all the said several Traitors in writing subscribed with their own proper Hands, and acknowledged at the Bar, by themselves to be true, were openly and distinctly read; By which, amongst other things, it appeared that Bates was absolved for what he undertook concerning the Powder-Treason, and being therein warranted by the Jesuits. Also it appeared, that Hammond the Jesuit, after that he knew the Powder-Treason was discovered, and that these Traitors had been in actual Rebellion, confessed them, and gave them Absolution: And this was on Thursday the 7th of November.
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Here also was Mention made by Master Attorney of the ConFessions of Watson and Clarke, Seminary Priests, upon their Apprehension; who affirmed, that there was some Treason intended by the Jesuits, and then in Hand; as might appear.
1 By their continual negotiating at that Time with Spain, which they assured themsleves tended to nothing but a preparation for a foreign Commotion.
2 By their collecting and gathering together such great Sums of Money, as then they had done, therewith to levy an Army when Time should serve.
3 For that sundry of the Jesuits had been tampering with Catholicks, as well to dissuade them from Acceptance of the King at his first coming, saying, That they ought rather to Die, than to admit of any Heretick (as they continually termed his Majesty) to the Crown; and that they might not, under pain of Excommunication, accept of any but a Catholick for their Sovereign; as also to dissuade Catholicks from their Loyalty after the State was settled.
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Lastly, In that they had both bought up store of great Horses throughout the Country, and conveyed Powder and Shot, and Artillery secretly to their Friends; wishing them not stir, but keep themselves quiet until they heard from them.
After the reading of their several Examinations, ConFessions, and voluntary Declaration as well of themselves, as of some of their dead Confederates, they were all by the Verdict of the Jury found guilty of the Treasons contained in their Indictment.

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Around 1600 Nicholas Hilliard Painter 1547-1619 painted the portrait of James I King England and Ireland VI King Scotland 1566-1625.Around 1605 John Critz Painter 1551-1642. Portrait of James I King England and Ireland VI King Scotland 1566-1625 with Garter Collar and Leg Garter.In 1621 Daniel Mijtens Painter 1590-1648. Portrait of James I King England and Ireland VI King Scotland 1566-1625 wearing his Garter Collar and Leg Garter.Around 1632 Anthony Van Dyck Painter 1599-1641. Portrait of James I King England and Ireland VI King Scotland 1566-1625.In 1583 Pieter Bronckhorst Painter -1583. Portrait of James I King England and Ireland VI King Scotland 1566-1625.

Crimen læsæ Majestatis

Crimen læsæ Majestatis means a crime against the King.

Gunpowder Plot The Verdicts. Note. All eight Conspirators were to be hanged, drawn and quartered. The narrative provides the rationale for why this particlar punishment was applied.
The Conclusion shall be from the admirable Clemency and Moderation of the King, in that howsoever these Traitors have exceeded all others their Predecessors in Mischief, and so Crescente Malitia crescere debuit et Pæna; yet neither will the King exceed the usual Punishment of Law, nor invent any new Torture or Torment for them; but is graciously pleased to afford them as well an ordinary Course of Trial, as an ordinary Punishment, much inferior to their Offence.
And surely worthy of Observation is the Punishment by Law provided and appointed for High-Treason, which we call Crimen læsæ Majestatis. For first, after a Traitor hath had his just Trial, and is convicted and attainted, he shall have his Judgement to be drawn to the place of Execution from his Prison, as being not worthy any more to tread upon the Face of the Earth whereof he was made:
Also for that he hath been retrograde to Nature, therefore is he drawn backward at a Horse-Tail. And whereas God hath made the Head of Man the highest and most supreme Part, as being his chief Grace and Ornament, Pronaque cum spectent Animalia cætera terram, Os homini sublime dedit; he must be drawn with his Head declining downward, and lying so near the Ground as may be, being thought unfit to take benefit of the common Air. For which Cause also he shall be strangled, being hanged up by the Neck between Heaven and Earth, as deemed unworthy of both, or either; as likewise, that the Eyes of Men may behold, and their Hearts contemn him. Then he is to be cut down alive, and to have his Privy Parts cut off and burnt before his Face, as being unworthily begotten, and unfit to leave any Generation after him. His Bowels and inlay'd Parts taken out and burnt, who inwardly had conceived and harboured in his heart such horrible Treason. After, to have his Head cut off, which had imagined the Mischief. And lastly, his Body to be quartered, and the Quarters set up in some high and eminent Place, to the View and Detestation of Men, and to become a Prey for the Fowls of the Air.
.
And this is a Reward due to Traitors, whose Hearts be hardened: For that it is Physic of State and Government, to let out corrupt Blood from the Heart. But, Pænitentia vera numquam, sera sed pænitentia sera raro vera: True Repentance is indeed never too late; but late Repentance is seldom found true: Which yet I pray the merciful Lord to grant unto them, that having a Sense of their Offences, they may make a true and sincere ConFession both for their Souls Health, and for the Good and Safety of the King and this State. And for the rest that are not yet apprehended, my Prayer to God is, Ut aut convertantur ne pereant, aut confundantur ne noceant; that either they may be converted, to the End they perish not, or else confounded, that they hurt not.
After this by the Direction of Master Attorney-General, were their several Examinations (subscribed by themselves) shewed particularly unto them, and acknowledged by them to be their own, and true, wherein every one had confessed the Treason. Then did Master Attorney desire, That albeit that which had been already done and confessed at the Bar, might be all-sufficient for the Declaration and Justification of the Course of Justice then held, especially seeing we have Reos confitentes, the Traitors own voluntary ConFessions at the Bar; yet for further Satisfaction to so great a Presence and Audience, and their better Memory of the Carriage of these Treasons, the voluntary and free ConFessions of all the said several Traitors in writing subscribed with their own proper Hands, and acknowledged at the Bar, by themselves to be true, were openly and distinctly read; By which, amongst other things, it appeared that Bates was absolved for what he undertook concerning the Powder-Treason, and being therein warranted by the Jesuits. Also it appeared, that Hammond the Jesuit, after that he knew the Powder-Treason was discovered, and that these Traitors had been in actual Rebellion, confessed them, and gave them Absolution: And this was on Thursday the 7th of November.
.
Here also was Mention made by Master Attorney of the ConFessions of Watson and Clarke, Seminary Priests, upon their Apprehension; who affirmed, that there was some Treason intended by the Jesuits, and then in Hand; as might appear.
1 By their continual negotiating at that Time with Spain, which they assured themsleves tended to nothing but a preparation for a foreign Commotion.
2 By their collecting and gathering together such great Sums of Money, as then they had done, therewith to levy an Army when Time should serve.
3 For that sundry of the Jesuits had been tampering with Catholicks, as well to dissuade them from Acceptance of the King at his first coming, saying, That they ought rather to Die, than to admit of any Heretick (as they continually termed his Majesty) to the Crown; and that they might not, under pain of Excommunication, accept of any but a Catholick for their Sovereign; as also to dissuade Catholicks from their Loyalty after the State was settled.
.
Lastly, In that they had both bought up store of great Horses throughout the Country, and conveyed Powder and Shot, and Artillery secretly to their Friends; wishing them not stir, but keep themselves quiet until they heard from them.
After the reading of their several Examinations, ConFessions, and voluntary Declaration as well of themselves, as of some of their dead Confederates, they were all by the Verdict of the Jury found guilty of the Treasons contained in their Indictment.

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disme

disme means a "tax and tenth".

Wriothesley's Chronicle Henry VII. 1485. This yeare was great death of the sicknesse called the sweatinge sicknesse; and crosse in Cheepe new made; and a great taske and disme grawnted to the Kinge (27).

Around 1510 Meynnart Wewyck Painter 1460-1525 is believed to have painted the portrait of Henry VII King England and Ireland 1457-1509.Around 1520 Unknown Painter. Netherlands. Portrait of Henry VII King England and Ireland 1457-1509.

distrain

distrain means seizure or property to obtain payment of debts.

In 1525 "the bailiff is ordered to distrain the lands, tenements, and tenters in Poyntell Street called Gulles late of Sir John Sharp Knight, deceased, and before that of Christopher Sharp his father held of the Lord by the rent of £1 8 shillings 10d per annum".

mainpernor

mainpernor. A surety, under the old writ of mainprise, for a prisoner's appearance in court at a day.

Close Rolls Edward II 1307-1313. 24 Jan 1308 King Edward II of England (23). Canterbury. To the Sheriffs of London. Order to deliver John de la Dune, Roger de Hopton, Richard le Harpour, Roger de Soppewalle, Roger le Keu, Rober le Hunt, Thomas de Sydenham, Henry le Gardener, Thomas de la More, Philip Kemp, John le Wayt, and John le Wodeward, the men and servants of Adam de Kyngeshemede, in the King's prison of Newgate for a trespass committed by them upon the King's men at Westminster, from prison upon their finding sufficient mainpernors to have them before the King (23) or his Lieutenant in the quinzaine of the Purification of St Mary to stand to right concerning the said trespass. Witness: Piers Gaveston 1st Earl Cornwall 1284-1312 (24).

muniments

muniments are the title deeds or other documents proving a person's title to land.

moiety

moiety title is a legal term describing a portion other than a whole of ownership of property as frequently occurs when an inheritance is divided.

Close Rolls Edward IV Edward V Richard III 1476 1485. 16 May 1483. Richard III King England 1452-1485 (30). Westminster Palace. Grant for life to the king's servant Henry Duke of Buckingham (28), of the offices of chief justice and chamberlain in South and North Wales, constable of the castles and counties of Kermerdyn and Cardigan, the castles of Abrustwith, co Cardigan, and Denevour in South Wales, the castle and town of Tonebigh, co. Pembroke, the castle and lordship of Kylgarvan in South Wales, the castle and town of Llan Stepham in South Wales, the lordship of Wallewynscastell in South Wales, the lordship of Westhaverford in South Wales, constable, steward, and receiver of the castle, lordshiop and manor of Uske, the castle and lordship of Carlion, the castle, lordship and manor of Dynas, the castle and a moiety of the lordship of Ewyas Lacy, the castles, lordships and manors of Belth,Clifford, Radnore, Melenyth, Montgomery, Dynbigh, Elvell and Narberth, the castle, lordship and manors of Wygmore and Holt in the marches of Wales, and the lordship and manor of Bromfield in the same marches, steward and receiver of the lordships and manors of Norton, Knyghton, Raydor, Guerthrenyon, Comotoyder, Glasbury, Weryfreton, Cherbury, Terthic, Halcetur, Kadewyn, Newton, Kyry in the marches.

Richard de Merton died. Joane de Merton -1420 inherited a moiety in Great Torrington Manor.

Oyer and Terminer

Praemunire

Praemunire. The assertion of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in England.

John Evelyn's Diary 29 March 1689. 29 Mar 1689. The new King (38) much blamed for neglecting Ireland, now likely to be ruined by the Lord Tyrconnel (59) and his Popish party, too strong for the Protestants. Wonderful uncertainty where King James (55) was, whether in France or Ireland. The Scots seem as yet to favor King William (38), rejecting King James's letter to them, yet declaring nothing positively. Soldiers in England discontented. Parliament preparing the coronation oath. Presbyterians and Dissenters displeased at the vote for preserving the Protestant religion as established by law, without mentioning what they were to have as to indulgence.
The Archbishop of Canterbury (58) and four other Bishops refusing to come to Parliament, it was deliberated whether they should incur Praemunire; but it was thought fit to let this fall, and be connived at, for fear of the people, to whom these Prelates were very dear, for the opposition they had given to Popery.
Court offices distributed among Parliament men. No considerable fleet as yet sent forth. Things far from settled as was expected, by reason of the slothful, sickly temper of the new King, and the Parliament's unmindfulness of Ireland, which is likely to prove a sad omission.
The Confederates beat the French out of the Palatinate, which they had most barbarously ruined.

1696 Oath of Association

John Evelyn's Diary 13 May 1696. 13 May 1696. I went to London to meet my son (41), newly come from Ireland, indisposed. Money still continuing exceedingly scarce, so that none was paid or received, but all was on trust, the mint not supplying for common necessities. The Association with an oath required of all lawyers and officers, on pain of Praemunire, whereby men were obliged to renounce King James as no rightful king, and to revenge King William's death, if happening by assassination. This to be taken by all the Counsel by a day limited, so that the Courts of Chancery and King's Bench hardly heard any cause in Easter Term, so many crowded to take the oath. This was censured as a very entangling contrivance of the Parliament in expectation, that many in high office would lay down, and others surrender. Many gentlemen taken up on suspicion of the late plot, were now discharged out of prison.

Scire Facias

scire facias. In English law, a writ of scire facias (Latin, meaning literally "make known") was a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated.

Parliament Rolls Richard II Jan 1397: On behalf of the earl of Salisbury. 26. William Montague, earl of Salisbury, submitted a petition in parliament, the tenor of which follows:
To our lord the king his liege William Montague, earl of Salisbury, prays: whereas the most noble King Edward [III], your grandfather, by his letters patent gave and granted to William Montague, earl of Salisbury and father of the said supplicant, whose heir he is, and to the heirs issuing from his body, with the clause of warranty of the said very noble King Edward [III] and his heirs, the castle, town and honour of Denbigh, and the cantreds of Rhos, Rhufiniog, and Cymeirch and the commote of Dinmael with their appurtenances in Wales, as plainly appears from the said letters patent: which castle, town, and honour, cantreds and commote, with their appurtenances, Roger Mortimer, late earl of March, by the name of the land of Denbigh, in Trinity term, in the twenty-eighth year of the reign of the said most noble King Edward [III] [18 June 1354-9 July 1354], before William Shareshull and his fellow justices assigned to hold the pleas before the said very noble King Edward [III], against the aforesaid supplicant, by erroneous judgment, recovered by a writ of scire facias, founded on a judgment given in the parliament held at Westminster on the Monday after the feast of St Mark the Evangelist in the twenty-eighth year of the reign of the said very noble King Edward [III], for the aforesaid Roger, on a petition showed by him to the said very noble King Edward [III] then, in the name of Roger Mortimer of Wigmore, son and heir of Edmund Mortimer, son and heir of Roger Mortimer; in which record and judgment on the said writ of scire facias there are patent errors.
May it please you of your gracious lordship to cause the full record to be brought before you, with all attachments to the same concerning the said writ of scire facias, in the present parliament, that they may be inspected and examined for error, and to forewarn Roger Mortimer, earl of March, cousin and heir of the aforesaid Roger son of Edmund, and others who are to be forewarned in the matter, to be before you at the next parliament to hear the said errors; and if they know of anything to say wherefor the aforesaid judgment on the said writ of scire facias should not be reversed, and the aforesaid supplicant restored to his said possession with the issues and profits in the meantime since the said loss, and also to do right and justice to the parties in the aforesaid manner. Whereupon, the said petition having been read before the king and lords of parliament, the king ordered Sir Walter Clopton, his chief justice, to bring before the king and lords in parliament the record of which the said petition made mention above. Which record, on the king's command, was later brought to parliament before the king and lords, and there it was read in part, and certain errors therein were pointed out and alleged by the said earl of Salisbury. Whereupon the king, by the assent and advice of the lords of parliament, the justices of the king there present, granted and ordered that the said earl have a writ of scire facias on the matter of the said petition, returnable at the next parliament, as the same petition mentions.

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title deeds

title deeds are are paper documents used to show a property's ownership history. Historically, when a property or a piece of land was purchased, the title deeds for the property was passed to the new owner.

muniments are the title deeds or other documents proving a person's title to land.

Toties Quoties

Toties Quoties. Used of an indulgence in the Roman Catholic Church that may be gained or granted as often as the required works are performed

Diary of Henry Machyn September 1555. 15 Sep 1555. The xv day of September dyd pryche at Powlles (blank), and he declaryd (the) Pope('s) jubele and pardon from Rome, and as mony as wyll reseyffe ys pardon so to be shryff, and fast iij days in on wyke, and to reseyffe the blessed sacrement the next Sonday affter, clen remyssyon of all ther synes tossyens quossyens [toties quoties] of all that ever they dyd.

valetudinary

valetudinary. showing undue concern about one's health.

John Evelyn's Diary 10 November 1675. 10 Nov 1675. Being the day appointed for my Lord Ambassador (47) to set out, I met them with my coach at New Cross. There were with him my Lady his wife, and my dear friend, Mrs. Godolphin (23), who, out of an extraordinary friendship, would needs accompany my lady to Paris, and stay with her some time, which was the chief inducement for permitting my son (20) to travel, but I knew him safe under her inspection, and in regard my Lord (47) himself had promised to take him into his special favor, he having intrusted all he had to my care.
Thus we set out three coaches (besides mine), three wagons, and about forty horses. It being late, and my Lord (47) as yet but valetudinary, we got but to Dartford, the first day, the next to Sittingbourne.
At Rochester, the major, Mr. Cony, then an officer of mine for the sick and wounded of that place, gave the ladies a handsome refreshment as we came by his house.