section villeinage part the four be a man who by judgement give against he  upon a Writ of praemunire facias c be out of the king protection if he sue any  action and the tenant or the defendant show all the record against he he may  ask judgement if he shall be answer for the law and the king writ be the thing  by which a man be protect and help and so during the time that a man in such  case be out of the king protection he be out of help and protection by the  king law or by the king writ praemunire some hold a opinion that the writ be  call a praemunire because it do fortify jurisdiction the juice of the purple  of a king coronae of oneself of the kingly law of the crown against foreign  jurisdiction and against the usurper upon they as by diverse act of parliament  appear but in truth it be so call of a word in the Writ for the word of the  Writ be praemunire facias a saying beforehand a b c quoth tunc sit in person  we c where praemunire be use for to forewarn and so do diverse interpreter of  the civil and canon law use it for they be fortify that be forewarning by the  statute before quote in the margin you shall perceive what statute be make  before Littleton write and what have be ordain since to make offence in danger  of a praemunire out of the king protection the judgement in a praemunire be  that the defendant shall be from thenceforth out of the king protection and  his land and tenement good and chattel forfeit to the king that his body shall  remain in prison at the king pleasure so odious be this offence of praemunire  that a man that be attain of the same may have be slay by any man without  danger of law because k it be provide by law that a man may do to he as to the  king enemy and any man may lawful kill a enemy but queen Elizabeth and her  parliament like not the extreme and inhumane rigor of the law in that point do  provide that it shall not be lawful for any person to slay any person in any  manner attaint in or upon any praemunire c tenant in tail be attaint in a  praemunire he shall forfeit the land but during his life for albeit the  stature of r can enact that in that case their land and tenement good and  chattel shall be forfeit to the king that must be understand of such a estate  as he may lawful forfeit and that be during his own life and these general  word do not take away the force of the statute de gift conditional but he  shall forfeit all his feesimple land state for life good and chattel and so be  it resolve in Trudgins case for the law and the king writ there be three thing  as here it appear whereby every subject be protect videlicet king law  to write back king the king the law and the king writ the law be the rule but  it be mute the king judge by his judge and they be the speak law law to speak  the process and the execution which be the life of the law consist in the king  writ so as he that be out of the protection of the king can be aid or protect  by the king law or the king Writ king to look at law law to look at law beside  man attaint in a praemunire every person that be attain of high treason petit  treason or felony protection general particular be disable to bring any action  for he be extra law situation and be account in law in civil sphere corpse it  be to be understand that there be a general protection of the king whereof  Littleton here speak and this extend general to all the king loyal subject  denizen and alien within the realm who offence have not make they uncapable of  it as before it appear and there be a particularprotection by Writ which be  one of the king writ that Littleton here speak of this particular protection  be of two sort one to give a man a immunity or freedom from action or suit the  second for the safety of his person servant and good land and tenement whereof  he be lawful possess from violence unlawful molestation or wrong the first be  of right and by law the second be all of grace save one for the general  protection imply as much of the first sort some be come clause to will so call  because the Writ have this word to will in it videlicet to will quoth interim  sit quietus de omnibus plea complaint c and the other a protection come clause   not so call for the like reason of protection come clause to will for stay of  plead and suit there be four kind videlicet because to make headway so call by  reason they be part of the word of the Writ because to delay so nam for  distinction for the like cause because indebitatus we step forth of the matter  when any send into the king service in war be imprison beyond sea the former  be for stay of action and suit in general the three be for stay of suit of the  subject for debt and duty due by the king debtor to they of the four you shall  read hereafter in this place for the former two these nine thing be to be  observe first for what cause they be to be grant for what person they be  Allowable a threefold time be to be consider videlicet the time of the  purchase of they the time of the continuance of they and the time when they  shall be cast in what place the service be to be perform Inwhat  actionstheseprotectionsareallowable under what seal and to who they be direct  who be to allow or disallow of they by who they be to be cast and in what  manner how upon just cause they may be repeal or disallow I must but point at  these matter to make the studious reader capable of they and refer he to the  book and other authority at large be excellent point of learning as to the  first it be of two nature the one concern service of war as the king soldier c  the other wisdom and counsel as the king ambassador or messenger pro pain  royal power both these be for the public good of the realm private man action  and suit must be suspend for a convenient time for Jura public officer  to bear in front private citizen and again Jura public officer ex  private citizen mixed to fall down non to withhold a and the cause of grant of  the protection must be express in the protection to the end it may appear to  the court that it be grant pro pain royal power pro good public b or as some  other say pur Le common profit deal realm and Britton say our service sicome  estre en our force Le defence de nous de our people c a man in execution in  salv custodian shall not be deliver by a protection c to the second these  protection be not Allowable only for man of full age but for man within age  and for woman as necessary attendant upon the camp and that in three case  because lotrix seu nutrix seu obstetrix d corporation aggregate of many be not  capable of these two protection either to make headway or to delay because the  corporation itself be invisible and rest only in consideration of law c  protection for the husband shall serve also for the wife f albeit the vouchee  tenant by resceit preier in aid or garnishee be no party to the Writ yet  before they appear a protection may be cast for they because when the  demandant grant the Vouchor or receitinjudgement of law they be make privy but  if the demandant counterplead the Vouchor or receipt then until it be adjudge  for they and so they privy in law a protection can be cast for they and so it  be of the garnishee a protection may be cast for he at the day of the return  of the to know facias g no protection can be cast for the demandant or  plaintiff because the tenant or defendant can sue a Resommons or a  reattachment but the plaintiff only that sue out the summons or attachment c  must sue also the resummons or reattachment and so it be of a actor in nature  of a plaintiff c and the garnishee after appearance and a avowant and the like  h a officer of the king receipt or any other officer in any court of record  who attendance be necessary for the king service or administration of justice  be sue can have a protection cast for he I in every action or plea real or mix  against two where a protection do lie a protection cast for the one do put the  plea without day for all so it be in debt detinue and account but in trespass  or in any action in nature of trespass which be in law several where every one  may answer without the other there a protection cast for the one shall serve  for he only unless they join in plead or if they plead several plead and one  venire facias be award against all there a protection cast for one shall put  the plea without day for all and therefore in former time the plaintiff use to  sue out several venire facias in those case for fear of a protection c k as to  the threefold time first a protection to make headway regular must not be  purchase hang the plea but this fail when he go in the king service in a  voyage royal and that be twofold either touch war and that only be when the  king himself or his lieutenant that be viceroy go or when any go in the king  ambassage pro pain royal power or for the marriage of the king daughter or the  like this also be call a voyage royal but a protection to delay may be  purchase and cast pendent plea l regular a protection can be cast but when the  party have a day in court and when if he make default it shall save his  default therefore when execution be to be grant against body land or good no  protection can be cast because the defendant have no day in court if a  protection be cast at the nisi prius for one if before the day in bank it be  repeal by innotescimus yet because it be once well cast it shall save his  default but if the protection be disallow either for variance or that it lie  not in the action or the like there it shall turn to a default m if a man have  a protection notwithstanding plead a plea yet at another day of continuance  after that a protection may be cast so at a day after a exigent but after  appearance he can cast a protection in that term until a new continuance be  take n three no protection either to make headway or to delay shall endure  long than a year and a day next after the testae or date of it and so it be of  a Essoigne de service Le roy if a protection bear testae die January and have  allowance pro to make one year  the resommons reattachment or regarnishment  may be sue January the next year and yet that be the last day of the year and  where Britton treat of a Essoigne beyond the grease sea in a pilgrimage c say  thus oh Ascun gentle nequident see purchasent our letter de protection patent  durable a un a on a you a once jalameyns font attorney general daring per our  letter patent ceux font bien sagement car nul grand signior ne chevalier de  our realm ne doit prender chemyn sans our congee car to go poet Le realm  remainder disgarny de fort tribe three thing be hereupon to be observe first  that this be a protection of grace whereof more shall be say hereafter second  that it be for the safety of the great man of the realm and that they shall  make general attorney so as no action or suit shall be thereby stay three by  the way that great man can not pass out of the realm without the king licence  p a protection grant to one c until he be return from Scotland be disallow for  the incertainty of the time Q to the four the protection as well to delay as  to make headway must be regular to some place out of the realm of England and  that must be to some certain place as super salv custodian Caliciae c and not  to Carlisle or Wales which be within the realm or the like but it may be to  Ireland or Scotland because they be distinct kingdom or to Calais Aquitaine or  the like but a protection because to delay super deeply mare will not serve  not only because as some think that mare non to delay but for the incertainty  of the place and for that a great part of the sea be within the realm of  England r to the five in some action protection shall not be allow by the  commonlaw in some action they be oust by Act of parliament action at the  commonlaw as all action that touch the crown as appeal of felony and appeal of  mayhem f so where the king be sole party no protection be to be allow in like  manner in a num. adv. so much where the king and the subject be plaintiff but  in late act of parliament protection in personal action be express oust a  protection may be cast against the queen the consort of the king t in a writ  of dower unde nothing to have no protection be Allowable because the demandant  have nothing to live upon otherwise it be in a writ of right of dower likewise  in a quare hinder or assize of darreine presentment a protection lie not for  the eminent danger of the lap neither lie a protection in a assize of novel  seize because it be hasty remedy to restore the Dissesee to his freehold  whereof he be wrongful and without judgement seize u in a quare non   to send to a protection be not Allowable because it be ground upon the quare  hinder and the like in a certificate upon assize for the like reason and such  de like Aprotection because to make headway be not Allowable as have be say in  any action commence before the date of the protection unless it be in a voyage  royal wonder a infant be vouch and at the pluries venire facias a protection  be cast for the infant and disallow because his age must be adjudge by the  inspection of the court ten by act of parliament no protection shall be allow  in a attaint but at the commonlaw a protection for one of the petite jury have  put the plea without day for all nor in a action against a gaoler for a escape  nor for victual take or buy upon the voyage or service nor in plead of  trespass or other contract make or perpetrate after the date of the same  protection y in a writ of error bring by a infant upon a fine levy the  plaintiff sue a to know facias against the conusee for who a protection be  cast and the court examine the age of the plaintiff and by inspection adjudge  he within age and record the same and then allow the protection and this can  be no mischief to the plaintiff whereupon it follow that albeit the plaintiff  die afterward before the fine reverse yet after his age adjudge and record his  heir shall in that case reverse the fine for the nonage of his ancestor a and  so it be resolve in the case of Kekewiche in a writ of error bring by he by  the opinion of the whole court of the king bench otherwise it be if the  plaintiff die before his age inspect b note in judicial writ which be in  nature of action where the party have day to appear and plead there protection  do lie as in writ of to know facias upon recovery fine judgement c albeit by  the statute of wonder Essoignes and other delay be oust in writ of to know  facias yet a protection do lie in the same so it be in a quid law proclaim and  the like but in writ of execution as to have facias seisinam eleit execution  upon a statute capias and to give satisfaction fieri facias and the like there  no protection can be cast for the defendant because he have no day in court  and the protection extend only and placita complaint and must be allow by the  court which can be but upon a day of appearance c in a writ of Disceit bring  against he that obtain and cast a protection upon a true surmise in delay of  the plaintiff that protection be Allowable in a action bring upon the statute  of labourer a protection do lie such de like d to the six no Writ of  protection can be allow unless it be under the great seal and it be direct  general e to the seven the court of justice where the protection be cast be to  allow or disallow of the same be they court of record or not of record and not  the sheriff or any other officer or minister f to the eight the protection may  be cast either by any stranger or by the party himself a infant feme covert a  monk or any other may cast a protection for the tenant or defendant and this  difference there be when a stranger cast it and when the tenant or defendant  cast it himself g for the defendant or tenant cast it he must show cause  wherefore he ought to take advantage of the protection but a estranger needs  not show any cause but that the tenant or defendant be here by protection h as  to the nine a protection may be avoid three manner of way first upon the cast  of it before it be allow second by repeal thereof after it be allow by  disallow of it many way as for that it lie not in that action or that he have  no day to cast it or for material variance between the protection and the  record or that it be not under the great seal or the like I three after it be  allow by innotescimus as if any tarry in the country without go to the service  for which he be retain over a convenient time after that he have any  protection or repair from the same service upon information thereof to the  lord chancellor he shall repeal the protection in that case by a innotescimus  but a protection shallnotbeavoided by a averment of the party of that case  because the record of the protection must be avoid by matter of as high nature  k there be a clause in the protection to this effect present circumstance  minim valitur si to touch Self c a custodian castle prediction to go back or  si to touch iter mock non you might have taken well infra that boundary a  birth beyond sea Of persons whereupon there be two conclusion to be observe  first that though the protection be allow by the court for a year yet if it be  repeal by a innotescimus that the Resommons or reattachment shall be grant  upon the repeal within the year for the protection that be allow have the say  clause in it and of that opinion be our late book and the repeal by  innotescimus shall serve for little purpose if the law shall not be take so  second that albeit he that have the protection either to delay or  to make headway return into England and haply be arrest and in prison yet if  he come over to provide munition habiliment of war victual or other necessary  it be no breach of the say conditional clause nor against the Act of Richard  cap for that in judgement of law come for such thing be of necessity for the  maintenance of the war to delay accord to the intention of the protection and  statute aforesaid and thus much of the two first protection come clause  to will Protecturae and to delay l as to the three protection come clause  to will the king by his prerogative regular be to be prefer in payment of his  duty of debt by his debtor before any subject although the king debt or duty  be the latter the reason hereof be for that thesaurus king be fundamentum  pretty support peace and thereupon the law give the king remedy by Writ of  protection to protect his debtor that he shall not be sue or attach until he  pay the king debt but hereof grow some inconvenience for to delay other man of  their suit the king debt be the more slow pay and for remedy thereof m it be  enact by the statute of e that the other creditor may have their action  against the king debtor and to proceed to judgement but not to execution  unless he will take upon he to pay the king debt and then he shall have  execution against the king debtor for both the two debt this kind of  protection have as it appear no certain time limit in it but in some case the  subject shall be satisfy before the king n for regular whensoever the king be  entitle to any fine or duty by the suit of the party the party shall be first  satisfy as in a num. adv. so much and so if in action of debt the defendant  deny his deed and it be find against he he shall pay a fine to the king but  the plaintiff shall be first satisfy and so in all other like case and so it  be in bill prefer by subject in the star chamber their cost and damage if any  be shall be answer before the king fine as it be daily in experience the four  protection come clause to will be when a man send into the king service beyond  sea be imprison there so as neither protection to make headway or to delay  will serve he and this have no certain time limit in it oh whereof you shall  read at large in the register and f n b p now be we at length come to  protection come clause  not all which save one be of grace and as have be say  be employ under the general protection for as Fitzherbert say every loyal  subject be in the king protection of these protection of grace you shall not  read much in our yearbook because they stay no action or suit Q of the diverse  from of these you shall read at large in the register and f n b which be too  long and needless to be here recite the protection come clause  not that be of  right be that every spiritual person may sue a protection for he and his good  and for the fermors of their land and their good that they shall not be take  by the king purveyor not their carriage or chattel take by other minister of  the king which Writ both recite the statute of e of these protection I can say  any thing of I own experience for albeit queen Elizabeth maintain many war yet  she grant few or no protection and her reason be that he be no fit subject to  be employ in her service that be subject to other man action lest she may be  think to delay justice