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Updated: May 4, 2025
Those men who dwell without the forest from henceforth shall not come before our justiciaries of the forest, upon common, summons, but such as are impleaded, or are sureties for any that are attached for something concerning the forest. We will not make any justices, constables, sheriffs, or bailiffs, but of such as know the law of the realm and mean duly to observe it.
First, To touch upon the nature of this office. It is that which empowereth a man to plead for a man, or one man to plead for another; not in common discourses, and upon common occasions, as any man may do, but at a bar, or before a court of judicature, where a man is accused or impleaded by his enemy; I say, this Advocate's office is such, both here, and in the kingdom of heaven.
Now it is not residence which constitutes a man a citizen; for in this sojourners and slaves are upon an equality with him; nor will it be sufficient for this purpose, that you have the privilege of the laws, and may plead or be impleaded, for this all those of different nations, between whom there is a mutual agreement for that purpose, are allowed; although it very often happens, that sojourners have not a perfect right therein without the protection of a patron, to whom they are obliged to apply, which shows that their share in the community is incomplete.
My grandfather having announced his intention of demanding a commutation of nearly double the sum, or of being paid his tythes in kind first his tythes de jure, and next his tythes by custom; enumerating them all and each; corn, hay, hops and hemp; fruits, roots, seeds and weeds; wool, milk, chickens, ducklings, and goslings, or eggs; corn rakings and pond drawings; not forgetting agistment and subbois, or sylva caedua; with many many more of the sweets of our prolific mother earth, which I would enumerate if I did but recollect them, and for which men so often have been and still are impleaded in Court Christian these particulars, I say, being recapitulated and set forth in terrible array, by the rector, excited in the whole parish so much dread of the rapacious vulture, who was coming with such a swoop upon them, that high and low, young and old, rich and poor, all began to tremble.
"And we do hereby for Us, Our Heirs and Successors, give and grant full authority and free license to them and their successors, by the name aforesaid, to have, take, receive, purchase, acquire, hold, possess, enjoy, and retain, to and for the use of the said College, notwithstanding any statutes or statute of mortmain, any manors, rectories, advowsons, messuages, lands, tenements, rents, hereditaments of what kind, nature, or quality soever, so as that the same do not exceed, in yearly value, the sum of £6000 above all charges; and, moreover, to take, purchase, acquire, have, hold, enjoy, receive, possess and retain, notwithstanding any such statutes or statute to the contrary, all or any goods, chattels, charitable and other contributions, gifts and benefactions whatsoever; and that the said Governors, Principal and Fellows, and their successors, by the same name, shall and may be able and capable in law to sue and be sued, implead and be impleaded, answer and be answered, in all or any Court or Courts of record, or places of judicature within Our United Kingdom of Great Britain and Ireland, and Our said Province of Lower Canada and other Our Dominions, and in all and singular actions, causes, pleas, suits, matters, and demands whatsoever, of what kind and nature or sort soever, in as large, ample, and beneficial a manner and form as any other body politic or corporate, or any other Our liege subjects being persons able and capable in law, may or can have, take, purchase, receive, hold, possess, enjoy, retain, sue, implead, or answer, in any manner whatsoever.
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