| 1407.013 |
1407 |
King's Bench |
|
Judicium |
| Pasch. |
8 |
Hen. 4 |
3 |
21b-22a |
Fitzherbert Scire facias 61 (not 16)
Brooke Scire facias 66 & 223, Office devant eschetor 51, Peticion 8 |
|
|
| En un Scire facias sue envers un de repealer certein Letters patents le Roy a luy faits de |
10 |
Plaintiff sued Scire facias to repeal letters patent from the king granting lands taken for treason found before the Escheator by inquest of office without indictment.
Defendant prayed aid of the king, and had it.
Procedendo was put forth.
Defendant said nothing.
King's Serjeants said plaintiff should have sued the king by petition.
The Chief Justice said that until indictment for treason and attaint by course of law, the accused traitor forfeited nothing. |
Gascoigne CJKB (to King's Serjeants): La party ne dit riens, & pur le Roy vous ne deves rien dire.
Gascoigne CJKB: il n'ad forfait rien, avant que il soit attaint per course de ley. |
| Due process: An inquest of office before the Escheator seized certain lands and tenements into the king's hands because of treason committed against the king, but no indictment of treason had been taken, so Gascoigne CJKB said that even though the Escheator had seized the lands by his office, the party who was ousted need not sue by petition to the king, because he has forfeited nothing until he be attaint by course of law. |
Scire facias
Repeal
Letters Patent
Seisin
Treason
Escheator
Inquest of Office
Indictment
Aid Prayer
Aid of the King
Procedendo
King's Serjeants
Petition
Course of Law
Due Process
Procedendo ad judicium |
|
