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Citations:

Bluebook 21st ed.

Anthony; et al. Fitzherbert. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin (8).

ALWD 7th ed.

Fitzherbert, Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in L, & Cases in the Books of
Reports Cited in the Margin (8).

APA 7th ed.

Fitzherbert, A. (8). New Natura Brevium of the Most Reverend Judge Mr. Anthony
Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of Reports
Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold by J.
Shuckburgh.

Chicago 17th ed.

Fitzherbert Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr. Anthony
Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of Reports
Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold by J.
Shuckburgh.

McGill Guide 9th ed.

Anthony; et al. Fitzherbert, New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in L, & Cases in the Books of
Reports Cited in the Margin (London In the savoy: Printed for Henry Lintot, and sold
by J. Shuckburgh., 8)

AGLC 4th ed.

Anthony; et al. Fitzherbert, New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin (Printed for Henry Lintot, and sold by J. Shuckburgh., 8

MLA 9th ed.

Fitzherbert, Anthony, et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold
by J. Shuckburgh. HeinOnline.

OSCOLA 4th ed.

Fitzherbert, Anthony; et al. New Natura Brevium of the Most Reverend Judge Mr.
Anthony Fitz-Herbert. Together with the Authorities in Law, and Cases in the Books of
Reports Cited in the Margin. London In the savoy, Printed for Henry Lintot, and sold
by J. Shuckburgh.

Provided by:
The Evergreen State College Library
 6or

Writ de Homagio refpe61-nando.

A 'THE Writ of Refpite of Homage lieDt, when the Heir comes of full Age
I who holdeth of the King in Capite, and ought to fue his Livery, then
the Order is, that he firft do Homage to the King, and thereupon to have his
Writ of Livery to the Efcheator; but the King of Grace and Favour may
refpite his Homage as he pleafeth: And thereupon he fhall have a Writ unto
the Efcheator teftifying the fame, and commanding him to deliver him Seifin
of the Lands; and the Writ fhall be fuch (a):
The King to his beloved, &c. his Efeheator, &c. Know you, that we have ref-
pited the Homage of I. the Sider and Heir of L the Son of T. of B. deceafed, due
to us for all the Lands and Tenements which the aforefaid I. her Brother held of
us in Chief, on the Day when he died, until the Feaft of Saint Michael next com-
ing, and have rendred unto him thofe Lands and Tenements: And therefore we
command you, that having received Security, &c.

(b) Writ de Hxretico comburendo.

B OT E, It appeareth by Britton in his Book, that thofe Perfons Ihall be
N burnt who- feloniofly burn others Corn, or others Houfes, and alfo thofe
who are Sorcerers or Sorcereffes; and Sodomites and Hereticks Ihall be burnt;
and it appeareth by that Book, Aib. 1.cap. 17. that fuch was the Common Law.
(c) But note, That the Perfon who thall be burnt for Herefy ought to be
firft convift thereof by the Bifhop who is his Diocefan where he dwelleth,
and abjured thereof, and afterwards, if he relapfe into that Herefy or any
other, and thereof be condemned in the faid Diocefe, then he fhall be fent
from the Clergy to the fecular Power, to do with him as it thall pleafe the
King, &c. And then it feemeth the King, if he will, may pardon hirii the
i4me; and the Form of the Writ is fuch:
C "TheKing, &c. to the Mayor and Sherffs of London, greeting: Whereas the
venerable Father Thomas Archbifhop of Canterbury, Primate of all England,
and Legate of the Apoflolic See, with the Confent and Afent .f the Bghops and his

(a) But if the Lord takes Homage of the fift Part 27. where the Temporal Courts ad-
Heir within Age, he is thereby out of Ward, judged what was Herefy. See alfo good Matter
per Bro. Howa ge9. wide Ant, 42. con. and fo in Petit, Brook 458. and 13 Co. 59. Munois
the Law feems to have altered in this Point. Cafe.
(by Note; Until the Time of II 4. no Perfon (C)See 12 Co. 56, 57, 93. That by the Com-
was put to Death for Opinions in Religion in mon Law no Bilhop could convia of Herefy as
England: See the Reafon hereof in Taylor's Li- to Lefs of Life, but only as to Penance & pro
berty of Prophelying, p. 1oz5. Je. 13. Baker's falte Animr: But in the Cafe of Life, the Con-
Hiflory 345.nd Sanderfon's Hiflory to. viaion by the Common Law oughtto have been
See the Cafes of Anne Knell and Anne Afkew, before the Archbilhop in Convocation.
burnt 4.Ed 6. for denying Chrift to have taken See Petits Colleations 72, 73. the Writs and
his Fleib of the Virgin Mary. Heylin's Hiftory Procefs for burning Barthol. Lgate and Anne
88, 89. and Burnets Hiltory of the Reformation, Iightman. Temp. Jac. i.
4 H Brothers
6o z Writ de Heretico comburendo.
Brothers the Sufragans, and alfo of the whole Clergy of his Province (a) in his
ProvincialCouncil apa/.mbled, the Orders of Lawin this Behalf requiite being in
all TIhings obferved, by hi defiitive' Sntehe prdounced ad declared W. Sawtre
(fometime Chaplain condemned for Herefy, and by him the faid W. heretofore in
Form of Law abjured,, ad kim the faid W. relapfed into the faid Herefy) a
manifef Heretic, a4 decreed)him to be degraded, and hath for, that ,Caufe realy
degrade4him, from all clyrical Prerogative and"Privilege,. and hath- decreed him
the faid W. to be left, and hath really left him, to the Setular Court, according to
the Laws and canonical Sandions fet forth in this Behalf, and holy Mother the
Church hath nothing further to do in the Premifes: We therefore, being zealous for
Juffice, and a Lover of the Catholic Faith, willing to maintain and defend holy
Church, and the Rights and Libfrlies thereof, and (as much as in us lies) to ex-
tirpate by the Roots futh Herefies and .Lrrors out of our Kingdom of England, and
to punit Heretics fo convifed with condign Punilhment; and being mindful that Juch
Hereticsconvifled in-Form aforefaid, and condemned accordingto the Law Divine and
Human by canonicalInflitution, and in this Behalf accuftomed, ought to be burnt
with a burningFlame of Fire, we command you, moft firily as we can, firmly in-
joining, that you commit to the Fire the aforefaid W. being in your Cujiody, in
fome publick and open Place within the Liberties of the City aforefaid, before the
People publickly, by reafon of the Premifes, and caufe him really to be burnt in the
fame Fire, in deteftation of this Crime, and-to the mainfeft Example of other
ChrifJians: And this you are by no Means to omit, under the Peril faling there-
on. Witnefs, &c.
(b) And by that Writ it appeareth, that a Man ought to be convi&ed of D
the Herefy by the Archbifhop and all the Clergy of that Province, and abju-
red for the fame, and afterwards anew conviaed and condemned by the Clergy
of the fame Province, and that in their general Council of Convocation. But
now by the Statute of Hen. 4. cap. 15. it is enaded, That every Bifhop in his
Diocefe may convia a Man of Herefy, and abjure him, &c. and afterwards
conviit him anew thereof, and condemn him, and warn the Sheriff or other
Officer to apprehend him, and burn him, &c. And that the Sheriff or other
Officer ought to do. the fame by the Precept of the Bifhop, and without any
Writ from the'King to do the fame. And that is the Caufe (as it feemeth)
that that Writ is not put into the new Regifters, becaufe that Writ ought not
at this Day to be fued forth, but is as it were void by Reafon of the faid A.
(c) But now'by the Statute made Anno 25 H. 8. c. 1. that Statute which. was
made Anno 2 H. 4. is repealed and made void. And now it is enated by this
late Statute, that he who is abjured for Herefy, and afterwards falleth into

(a) See Bra. Herej T. That if one will abjure c. 1. the Statut 5R 2. . 5. and 2H. 5. c. 7.
afecond Herefy, yet he thall be burnt; and that and 25 H. S. c. 14. are repealed; and by &
altho' the fecond Herfy be in another Point of z Ph. & Mar. e. 6. the Statutes 5 R 2. 2 H 4.
Faith.
Faith.Secie. r~ua.
ee Inlit. 'f-aris Canon* J4,15
44, 14 5. and 2 Hi. 5. are revived; and by Statute iEI;:z.
(b) See the Book of Entries Tit. kdiament, C. 1. the Stat. & 2 P. & M. c.6. and 5 R. 2.
an Indiatment before Commillioners for Herefy, 2H. 4. 2 H 5. are all repealed; fo that this now
a Capias awarded, and the Party delivered to the hands as at Common Law before tho'e Statutes.
Ordinary. And Noti; By the Statute i9 Car. 2. . 9.
(c) See the Statutes, and neeu by 25 H. 8. c. this Writ de Hereti rambarenda is abolified.
14.a the Stat. 2 HH4 is repe4led ; and by iEi. Laus Do*.
Relapfe
 Writ up6.Wt/ atute of lvarleinidg, 'c. 603,
Relapfe, and is:Conviated thereof before, the Ordisany, that .yet the Ordinary
otight not for to, commit hinL to the Lay Power .'to be burnt, without-,the
King's Writ firft obtained for to burn him, as appeareth by.the faid Statute f {270. 1
25 H. 8- cap. I4. more at large.

Writ upon the Statute , of Madebridge for a Fine for

Non-fair pleading.
A THE Writ upon the Statute of Marlebridge for not fair Pleading 1i1eth,
I where the Sheriff, or other Bailiff in his Court will take a Fine of the
Party, Plaintiff or Defendant, becaufd he did not plead fairly, &de. And the
Writ fhall be direftid to the Sheriff himfelf, -or Bailif1f, or .him- Who wil1 de.
mand fuch Fine and it is a Prohibition to him, commanding hihtthat he do
not demand fuch Firie; and it "May be fied by the whole Hundred, oraby- al
the County together, where he will reqtire fuch Mannr of Fine 'of them;
and the Writ is fuch:
B The King to the Sherif, &c. Whereas it is prqvided by theCommon Council,&c.
that neither in the Circuits of ?ufices, 'nor 'in Counkes, Hadreds, or in Courts
Barons, from thenceforth any Fines ]hall be taken' of any Man for fair Pleading,
norfo that anyOccqfion Jhall be ; Wf command you, thgt for the Tie to come
you do not exafi, or caufe to be exafled of W. juch Fine, again;f the Form of the
Provgion aforefaid; ,dAd the DifrefJs, . if. any, &c.
And for the Hundred the Writ fhall be fuch: We commaqd you, thatfor the
!time to come you do not exafi, or caufe to be exaaled froi the Commonalty of the
Hundred of I. fJch Fine, againfi the Forff4 &c.
C And by the Rule in the Regifter it may be againft every other Man who
will diftrain for fuch Fine, and he may have an Alias and a Pluries, and an
Attachment upon the fame: And-if after the-firft.Writ of Prohibition delivered
he diftrain for fuch Fine, then the Party who is diftrained may fue forth an
Attachment againft the Sheriff or Bailjff, or him who. diftraineth him; -an4-
the Fornm of Ithe Attachment is fuch:'
The King ;o bis Corons in the County of Lincoln, greetig -If A. jhalil niake
you fecure, &c. then put, &c. B. our Sherif,or our Sherif of te County aforefaid,
that he be before our 7u9ffices, &&c.to fhew wherefore, whereas it is provided by
the Common Council, &c. (as aboye) of any May for fair Pleading, nor fo that
any Occaionflall be, the jaid Sherif, (or tie faid Bailiff) bath difirained thefjaid
A. for fach Fine to be paidin'the Coutty aforefaid, againft th; Form of the Pro-
sv/ion aforefaid,, and againfi our Prohibition; and have there, &c. and in the meap '
Time caufe the Beafis of kim theaidA. taken uppn that Occajion, to be delivered.
Witnefs,
' &c.
But note, That he may fue forth that Writ of Attachment againft theShe- Anachment
riff, or other, althq' that he never fueth forth, any Writ of Prohibition before upon a Prohi-
direted to the Sheriff or Bailiff; but thein he ought for to be diftrained for that IfIo.0 Br. 13.
Fine ;' for the'Statute in itfelf is EProbikio to the Sheriff, and o.a others, ie ..
that they do not diftrain for Aa Fich.for fair Pleading; but if the AShiff, 9 s .

4H 2 other
do4. Grants made by the king, &c,
other, demand fuch Fine, and doth not diftrain for the fame, then he cannot
have a Writ of Attachment for fuch Demand made, becaufe he is not damnified
by the Demand, &c.

Grants made by the King exprefed and contained in the,

Begifler, to be remembred.

T HE of the
that to
you, King efpecialand
ourBailifs honefjweMen
Favour have the Town of P. greeting: Know D,
of granted to you in.Aid- of paving
the faid Town, that from the Day of the making thefe Prefents, until t&A End of
five Tears next following, you may take in the faid Town the Cuftoxs underwritten,
to wit, For every'Carriage on Horfeback, &c. And' therefore we command you,.
that ye take the faid Cuftoms until the End of the faid Term, as before is faid,;.
but the faid Term of five 11rars being compleated, the faid Cufoms fball akfoluiely
ceafe and be taken away. In Witnefs, &c.

Grant of a Stewardfbip.
T HEW. King, &c. Know you, that we Dave granted to our beloved and faithfu
of H. the Office and Government of the Steward/hip of, &c. with all
Things belonging to the faid Of/ice, during our Pleafure: And therefore we com-
mand you, that you obey, anfwer, and faithfully attend' him the faid W. in al
fbings as Steward. Ih fitnefs whereof, &c..

Grants of' Letters Patent.

SEE 'in the Regifter notable Forms of Grants of Letters Patent made by p
the King in divers Manners, efpecially among the Writs of Ad quod Dam-
mum, and alfo after the Writs de Corrodiohabendo. And there is a Patent made,,
Of the QuIIody of the King's Foreft, in recompence of a certain Sum granted to
any one by the King for his Life.
And other Patents. there made upon Indentures between the King and others,
upon a borrowing of Money by the King, by which Patents the King doth
grant to hold and keep Covenant, &c.
The Grant of the King of the firft Benefice which thall happen void is fuch:
The King to his Chancellor who now is, or who fhall be fo for the Time being,
or Keeper of his Great Seal, greeting: We heartily defiring the Promotion of our
beloved Clerk A. for his good Service done, as well to Lord Ed ward fome time
King of England our Grandfather, as for us, and willig to follow him (from the
[ 271. Confideration premifed) with our gracious Favour, Will that he the faid A. be
prefented to the firft Ecclefiaftical Benefice that jhall become void, exceeding the
Taxation of twenty Marks, which fhall belbng to our Prefentation, and which he
jhall
 Grants of Letters Patent. 605
fzll think P to accept And therefore we command you, 'that yoU caufe him the'
faid A. to have our Letters of Prefentationto the firf Eccleflaftical Benefice that
jhall become Vacant, which fhall fo belong to us, and ihich he Ihall think fit to
accept, under our Great Seal in Form aforefaid. In *itnefs whereof, &c. Wit-
aofs, &c.
But fich Grants are not in Ufe at this Day.
A A Grant of the King to one of his Chaplains of a yearly Penfibn otit of the
Exchequer, until he be promoted unto a Benefice, -is thus:
The King to all to whom, &c. greeting: We regarding the grateful and laud-
able Services which our beloved Clerk A. hath before thefe Tiimes willingly done for
us, whereof we are certainly informed, as well by our beloved and faithful W.
as by 'others'our faithful Subjefls, hoping that in our-Buinefs to- be done, from the
Purity of his Afeflion and Benevolence he will continue in fucceflive Ais for th
Fatsre, and'wiling to follow him with cur gracious Reward, have granted to'
him a certain annual Penfion of twenty Marks, to be received every 2ear-at cur
Exchequer, at the Feafis of Eafter and St. Michael by equal Portions, until he
fhall by us be provided within our Realm of England of an EcclefiafjicalBenefice
which he /hall think fit to accept. In Witnefs, &c. Witnefs,. & c.
B There is another Grant in the Regifter, fol. 295. made by the King to-one.
to give him Authority to reconcile the King's Enemies who have left their
Obedience, and adhered unto other the King!s Enemies,. &c. arid' to grant
Pardon to them ; and the Grant is fuch -
!The King to all andfingular, &c. to whom, &c. greeting: Know ye,. that we-
fully confiding in the approved fidelity and provident Circumfpeflion of our belved
and faithful Anthony Lucy, have given to him the faid Anthony, y iherenbr-
of il'efe Prefents, full Power of receiving to our Faith and Peace, the Men of
the Partsof Galloway in Scotland, not being in our Faith and Peace,.and'others
who adhere, or have adhered to the faid Scots againf us, and with ihem were.
Enemies again,# us, and who are willing to come to- our Faith and Peace, and'
whom he Jhall fee fit to be admitted to our Faith and Peace; and in our Name
to make Letters of Pardon of fuch Adhering and Enmity, and alfo of jobh'Admif-
flon to our P'ace, to thofe Men for their Security in this Behalf, to be accounted'
firm and free whatfoever the fail Anthony #all do in our Name in the PremijesA
In Witnefs, &c. Winefs, &c.
C There is another Grant made unto one of the Cuftody of a Caftle,. and the
Ammunition. therein,. for what Time it fhall pleafe the King,. and a Writ
thereupon direded to him who. had the Cuftody thereof before,. to deliver to,
him the Caftle, and the Implements and Things appertaining to the faime..
And you may fGe there the Patents made to Sheriffs to be Sheriffs to the-
,Counties, and alfo the Patents made to the Efcheators of the Counties,. and
alfo. the Writs to, the old Sheriffs and Efcheators to deliver unto them the
Rolls and Writs, &c.
D And Letters Patent of Attendants untel Archbilhops, Abbots, and- alt others,
to be Attendants unto them in thofe Things which do appertain to their Of-
fice. The- Form of Nomination to. be made by the King to, an Abbey or
other Perfon. Of one to be Vicar, and that the Abbot do prefent him over
to the Ordinary. And alfo the Form of Revocation made by the King of
that Nomination. And al&o. the Form of the Writ which. the King fnds to
the:
4 Grants of Letters Pateny
the Ordinary to admit of that Revocation, and to admit another Perfon by,
another Nomination. All thefe appear in the Regifter, fol. 302.
And divers other Prefentations made by the King, and alfo Revocations of'
his Prefentation; and alfo Nominations made by the King in his own Right,
or in the Right of others, are there in the Regifter; and Grants made by the
King of Donatives, and the Writs dire&ed unto the Sheriff to put them in
Poffeffion - and Writs there to the Ordinary, to affign unto a Prebendary A
Stall in the Choir, and a Place in the Chapter, who hath the Prebend by the
King's Collation ; and divers Ratifications there made by the King to divers
Incumbents of Churches, or Prebends, which they have in Poffeftion as In-
cumbents, &c.
And many Forms of Writs made to Abbots or Bithops, to have yearly
Penfions for his Chaplains, until they are promoted to Benefices: And the
Writ to the Chancellor to prefent in the King's Name fuch a one, the King's
Chaplain, to the firft Avoidance of any Benefice which Ihall be void, which
appertains to the King; and alfo Grants by the King to receive a yearly Pen-
fion out of the Exchequer.
And divers Forms of Writs of Proxy are in the Regifter, to fue, defend or E
anfwer, &c. or to refign a Benefice, &c.
And the Form of the Refignation, &c. and the Form to-make Proteftation F
when a Man will refign his Benefice, &c. appear in the End of the Regifter,
in fol. 302. and in other Folio's there following.

And fo endeth this prefent I'reatife, called, New Natura Brevium, which Book
fully declares the Natures of the OriginalWrits contained and exprefed in th,
Regiffer.

THE
4