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The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

See "Assault.." BEAUPLEADER (Law Fr. fair pleading). A writ of prohibition directed to the sheriff or other, directing him not to take a fine for beaupleader. There was anciently a fine imposed called a "fine for beaupleader," which is explained by Coke to have been originally imposed for bad pleading.

Coke, 2d Inst. 123.

It was set at the will of the judge of the court, and reduced to certainty by consent, and annually paid.

Comyn, Dig. "Prerogative" (D 52). St. Marlebridge (52 Hen. IIL) c.

11, enacts that neither in the circuit of justices, nor in counties, hundreds, or courts baron, any fines shall be taken for fair pleading, namely, for not pleading fairly or aptly to the purpose. Upon this statute, this writ was ordained, directed to the sheriff, bailiff, or him who shall demand the fine, and it is a prohibition or command not to do it.

New Nat. Brev. 596; Fitzh. Nat Brev. 270a; Hall, Hist. Com. Law, c 7.

Mr. Reeve explains it as a fine paid for the privilege of a fair hearing.

2 Reeve, Hist. Eng. Law, 70.

This latter view would perhaps derive some confirmation from the connection in point of time of this statute with Magna Charta, and the resemblance which the custom bore to ttie other customs against which the clause In (D Bl, 52); Cowell; 2 Inst. 122, 123; Crabb, Hi Bt. Eng. Law, 150. BED OF JUSTICE (Fr.) The seat or throne upon which the king sat when personally present in parliament; hence it signified the parliament itself.