Boston University School of Law

Legal History: The Year Books

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For an image of this report text from the Vulgate Year Books Reprint, click here.
Seipp Number:
Marginal Heading
1352.083ass 1352 King's Bench Nota
Forfaiture de terres
Regnal Year
King: Plea Number Folio Number
26 Edw. 3 Lib. Ass. 19 122b-123a
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Shareshull, William CJKB Shard
Shareshull, William CJKB Shard
Shareshull, William CJKB Shard
Shareshull, William CJKB Shard
Other Plaintiffs Other Names Places Other Defendents
Abridgements Cross-References Statutes
Fitzherbert Corone (not Coroner) 191
Brooke Clergie (not Clergy) 11
Brooke Corone 98 & 99
Brooke Forfeiture (not Forfaiture) de terres 82
Brooke Paine 12 
8 Hen. 4, fol. 3
Stanford Pleas of the Crown fol. 131.b.
12 Edw. 3, Lib. Ass. 15
Stanford Pleas of the Crown fol. 123.D.
Post pl. 27, 1352.091ass = 26 Edw. 3, Lib. Ass. 27, fol. 123b
7 Hen. 4, fol. 41
Stanford Pleas of the Crown fol. 124.b.
9 Edw. 4, fol. 30
Stanford Pleas of the Crown fol. 145.A.
Stanford Pleas of the Crown. fols. 144.b., 145.b.e. 
Incipit (First Line) Number of Lines
Nota, que devant Shard al Newgate fut agarde qu'un qui fut arrain' qui avoit forjure la Royaume, &c. parce 13
Process and Pleading
Language Notes (Law French)
Et dicitur, quod literatura non facit Clericum, nisi haberet sacram tonsuram.
Abstract Context
Commentary & Paraphrase
Note that before Shareshull CJKB at Newgate it was adjudged that one who was arraigned, who had abjured the realm, because he held himself mute, he was put to his punishment (penance). And before the same (luy meme), because an appellor held himself mute, he was hanged. And although one said that he was not a clerk, still afterwards he would have his clergy. He adjudged that this person who had committed sacrilege would have his clergy. And by Shareshull CJKB, if an ordinary challenged one who was not a clerk, he would lose his temporalities. (Latin begins) And it is said, that literacy does not make a clerk, unless he has a monk's tonsure (literatura non facit Clericum, nisi haberet sacram tonsuram) (Latin maxim) (Latin ends). And he adjudged that one who commenced to appeal certain days in 40 days, and when the 40 days were past, he demanded the coroner, who was delivered to him, because he made concealment, because before he commenced to appeal, and he could not appeal except three days in 40 days each after the other, he was hanged. And an appellor on the second and the third day said to the coroner that he did not know to say a plea, so that he was hanged. And another appellor was hanged because in the recitation (rehersal) of his Appeal before Shareshull CJKB, he said a white horse, where the Appeal was a red horse. And Shareshull CJKB did not want to allow this Appeal to the appellor, but he compelled him to say the same.
Compare Latin maxim, habitus non facit monachum, 1409.068 = Mich. 11 Hen. 4, pl. [57], fols. 31a-31b; Mich. 11 Edw. 4, 64 SS 189, 190.
Manuscripts Mss Notes Editing Notes Errors
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
0 2005-07-05
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