coke b the case OF barratry Paschee Elizabeth a common barretor be a common  mover or stirrer up or maintainer of suit quarrel or party either in court or  in the country in court of record and in the county hundred and other inferior  court and in the country in three manner in disturbance of the peAcc in take  or detain of the possession of house land of good c which be in question or  controversy not only by force but also by subtlety and deceit by false  invention and sow of calumny rumour and report whereby discord and disquiet  arise between neighbour what make a common barretor and why so call notam on  evidence upon a traverse of a indictment of barratry it be hold per curian  that a common b   light a Inst b barretor be a common mover or stirrer up or  maintainer of suit quarrel or party either in court or in the country in court  of record and in the county hundred and other inferior court in the country in  c   light a b c three manner in disturbance of the peace in take or detain of  the possession of house land or good c which be in question or controversy not  only by force but also by subtlety and deceit and for the most part in  suppression of truth and right by false invention and sow of calumny rumour  and report whereby discord and disquiet arise between neighbour and all the  say quality of a common barretor be prove by the indictment of one for  barratry and by our book for first it be say in the indictment quod be common  barrectator within which word be include a quarreller in his own cause and a  mover or maintainer of quarrel between other for the most part in suppression  of truth and right and this appear by the statute of Westmin a Inst a cap it  be provide that no sheriff suffer any barrators or maintainer of quarrel in  their county court c in Edward b the b Fitzherbert num  adv  so much Br num   adv  so much b plaintiff count in a num  adv  so much that the recognitors in  a assize take of certain people who be barrators and embracer of the say suit  sure of every one S which be in a cause depend in a court of record the  statute of c Inst c ragman the king will and enjoin the justice that none in  complain nor in answer coke a be not surprise nor encompass by d Inst b d  hockettors or barrators that the truth be not follow and the trespass remain  unpunished and the statute of west c e postea b Inst e forasmuch as the common  fine and amerciament of the whole county in eire of the justice for false  judgement and other trespass be unjust assess by sheriff and barrators of the  county so that the sum be many time increase and the parcel otherwise assess  than they ought to be to the damage of the people and that will be sufficient  to excite or maintain quarrel in court and for move or maintain quarrel in the  country Littleton lib cap warranty fol f light b a sect   light a b salk f a  de b be seize of a house and f de g who have no right enter in the same house  claim the house to he and his heir but the say a continual dwell in the say  house in that case the possession of the freehold coke report b er p shall be  continual adjudge in a c but if the say f g make a feoff to certain barrators  in the country to have maintenance of they in the same house by a deed of  feoff with warranty by force whereof a de b dare not stay in the say house but  go out of it c this warranty commence by seize by all which and by many other  authority which may be cite it appear that a common barretor be a common mover  or maintainer of quarrel either in court or in the country if it be ask why  this busybody be call barretor some derive a g   light b g barretor from the  French word barrateur which signify a deceiver other from the Latin word  infernal region which signify a vile knave or unthrift other because they  maintain plead at bar in court or stir cause of suit derive this word barretor  from two legal word barra which signify the bar in court where cause be debate  c and rettum which as appear in the writ de a human being replegiando in the  register signify a crime or offence and because a common barretor be principal  a offender in move or maintain of quarrel at bar sure in court or in the  country which be cause of suit in court he be call a barretor or bar offender  in the civil law barrataria to say when judge petit to some degree indebetum  ut the whole of the laws to make but in the law of England this word barret do  signify a quarrel whence he who move or maintain quarrel be call a barretor  and it be so expound by the whole parliament in e in stat de conspire where  the Act say steward and bailiff of great lord who by their signiory office or  power take upon they to maintain or sustain plead or barrets for other party  than coke b those which touch their lord or themselves where it be manifest  that barrets signify quarrel but he ought to be common barrectator sure not in  one or two but in many cause so that he may be prove a common barretor the  word of the indictment be peace domini king perturbator sure a common mover or  maintainer of brawl and fray by which the peace be break the other word of the  indictment be common malefactor calumniator et seminator a strife et disunion  inter neighborhood swine malefactor because he Willing and malicious do wrong  to his neighbour either open after warning or secret as in the night c because  a   a postea a a who male stir about hate lucen calumniator so call because by  false and malicious scandal be endeavour to rob his neighbour of his good name  which be a great motive of discord and quarrel and be against the law of God  levit non facias charge proximo tuo seminator a strife et disunion inter  neighborhood and from such seed present grow up many in herb enemy a human  being to zizania and that be against the commonwealth for b   a   a   b postea  b   light a Inst b expedit reipublic ut sit Finis a strife and this barretor  be seminator a strife c and that be likewise against the law of God levit non  hedgehog whisperer in poplar tree in ancient indictment after these word peace  domini king perturbator these word be added etoppressor of the neighborhood of  oneself and that be either that force as in the case of Littleton in take or  keep of possession or by fraud and malice under colour of law as by  multiplicity of unjust and feign suit or by information on penal law either in  his own case or in malicious bring of a special supplicavit or latitat of the  peace and all this by fraud and malice to enforce the poor party ad to buy  back shaking to give he money or to make other composition and this be the  most dangerous oppressor for be oppress the innocent by colour and countenance  of the law which be institute to protect the innocent from all oppression and  wrong and therefore the say word in the old indictment if the truth of the  case be such be material to be insert in the indictment of barratry a it be  essential to the validity of a indictment for this offence that it shall  charge the defendant with be a common barretor which be a term of art  appropriate by law to this crime and can be supply by word which may import as  much king v Hardwicke side the indictment need not show the place where nor  the cause for which he be a common barretor parcel case cro Elizabeth queen v  hannon Mod palfrey case cro James hawk PC c but in man be case car b r the  indictment be quash for want of a will allege and Lord hale observe that this  resolution be the fit to be observe hale p c it be sufficient to aver that the  party be a common barretor without add particular instance on the same  principle which permit a general averment that a party be a common scold hawk  c S king v Margaret Cooper strange burn justice nuisance or a averment that  the defendant keep a common game house vide king v Rogier I barn and Cress S C  dow and Ryl but it be a settle practice that in a indictment for barratry the  prosecutor must give the defendant before the trial a note of the particular  act of barratry which he intend to prove against he and if he do not the court  will not suffer the prosecutor to proceed in the trial of the indictment for  otherwise it will be impossible for he to prepare a defence against so general  and uncertain a charge hawk PC c S king v grove Mod per buller I janson v  Stuart TR and the prosecutor will not be permit to give any other act of  barratry in evidence than those which be state in the note of particular  Goddard v smith Mod and it seem clear that no one can be a barretor in respect  of one act only for that will not make he common barrectator text above and  the offence from the nature of the thing consist in the repetition of several  act must be intend to have happen in several place for which cause it have be  hold that the trial shall be out of the body of the county hawk PC c S hale PC  with now stat Geo c S that every venire facias shall be from the body of the  county justice of the peace as such have by virtue of the commission of the  peace authority to inquire of and hear this offence barn v Constantine Yelv  SC Cro jc recognize Bushby v Watson black hawk PC c S barratry be a offence at  commonlaw the stat Edward c direct the mode of punish it if the indictment  conclude against the form of the statute these word may be reject as  surplusage Burton case cro Elizabeth a chapman case cro and the indictment  will be good provide it conclude also contrapacem domini king palfrey case cro  James hale PC Vid note king v Urlyn sand and king v tailor barn and Cress SC  dow and Ryl a coke report a er p