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Parti PELES, Issues Arising From, Or out PELFRE, Pelfra.'] in Time of War

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Parti PELES, Issues Arising From, Or out PELFRE, Pelfra.'] in Time of War 130 PENAL LAWS. title of Lady; though in law they are Commoners. In a writ ofparti tion brought by Ralph Howard and Lady Anne Powes, his wife, the Court held that it was a misnomer, and that it ought to have been by Ralph Howard and Anne his wife late wife of Lord Powes deceased. Dy. 79. A Countess or Baroness may not be arrested for debt or trespass; for though, in respect of their sex, they cannot sit in Parliament, yet they are Peers of the Realm, and shall be tried by their Peers, &c. But a capias being awarded against the Countess of Rutland, it was held that she might be taken by the Sheriff; because he ought not to dispute the authority of the Court from whence the writ issued, but must execute it, for he is bound by oath so to do; and although by the writ itself it appeared, that the party was a Countess, against whom a capias would not generally lie, for that, in some cases, it may lie, as for a contempt, &c. therefore the Sheriff ought not to examine the judicial acts of the Court. 6 Rep. 52. It hath been agreed, that a Queen Consort, and Queen Dowager, whether she continue sole after the King's death, or take a second husband, and he be a Peer or Commoner; and also, all Peeresses by birth, whether sole or married to Peers or Common'ers; and all Mar chionesses and Viscountesses are entitled to a trial by the Peers, though not expressly mentioned in the stat. 20 H. 6. c. 9: 2 Inst. 50: Crom.fi. Jurisd. 33: 2 Hawk. P. C. c. 44. � 10, 1 1. PEINE FORT ET DURE; See Mule. PELA, A peel, pile, or fort. The citadel or castle in the Isle of Man was granted to Sir John Stanley by this name. Pat. 7 H. 4. m. 1 8 . See Man, Isle of. PELES, Issues arising from, or out of a thing. Pitzh. Just. 205. PELF and PELFRE, Pelfra.'] In time of war, the Earl Marshal is to have of preys and booties, all the gelded beasts, except hogs, &c. which is called Pelfre. Old MS. It is used for the personal ef fects of a felon convict. Plac. in Itin. apud Cestr. 14 Hen. 7. PELLAGE, The custom or duty paid for skins of leather. Rot. Pari. 11 H.4. PELLICIA, A pilch, Tunica vel indumentum pellic eum; hinc super - fielliceum, a fur pilch or surplice. Sfielm. PELLIPARIUS, A leatherseller or skinner. Pat. 15 Edw. 3. 2. m. 45. PELLOTA, Fr. Pelote.'] The ball ofthe foot. See 4 Inst. 308. PEET-WOOL, The wool pulled off the skin or pelt of dead sheep. See stat. 8 H. 6. c. 22. PEN, A word used by the Britons for a high mountain, and also by the ancient Gauls; from whence those high hills which divide Prance from are called the Italy Afifienines; and more to the purpose is the name of Penmaenmawr in Wales. Camd. Britan. PENAL LAWS, Are of three kinds, viz. Pana pecuniaria, poena corporalis, and pana exilii. Cro. Jac. 415. And penal statutes are made on various occasions, to punish and deter offenders; and they ought to be construed strictly, and not extended by equity; but the words may be interpreted beneficially, according to the intent of the 1 Inst. legislators. 54, 268. See 1 Comm. Introd. � 3. p. 89. Where a is thing prohibited by statute under a penalty, if the penalty, or part be not to him sue of it, given who will for the same, it goes and be longs to the King. Past. Entr. 433: 2 Hawk. P. C. c. 26. � 17. But PEN 131 the King cannot grant to any person any penalty or forfeiture, &c. due by any statute before judgment thereupon had. Stat. 21 Jac. 1. c. 3. Though after plea pleaded, Justices of assise, Stc. having power to hear and determine offences done against any penal statute, may compound the penalties with the defendant, by virtue of the King's warrant or Privy Seal. The Courts at Westminster (particularly the Court of King's Bench) frequently give leave on motion, and an affidavit of circum stances, &x. to compound penal actions. Compounding without such leave, is punishable by indictment. Where penalties are ordained by penal acts of Parliament to be recovered in any Court of Record, this is to be understood only ofthe Courts at Westminster; and not of the Courts of Record of inferior corporations. Jenk. Cent. 228. The spiritual Court may hold plea of a thing forbidden by statute upon a penalty; but they may not proceed on the penalty. 2 Lev. 222. See further, titles Information; Statutes; Action; and as to the sanction of Laws by penalties, 1 Comm. Introd. fi. 56, 7. PENALTY OF BONDS, &c; See titles Bonds; Mortgages. PENANCE, An ecclesiastical punishment, which affects the body of the penitent; by which he is obliged to give a public satisfaction to the church, for the scandal he hath given by his evil example. And in the primitive times, they were to give testimonies of their refor mation, before they were re-admitted to partake of the mysteries of the church. In the case of incest, or incontinency, the sinner is usu ally injoined to do a public Penance in the cathedral or parish church, or public market, bare-legged and bare-headed in a white sheet, and to make an open confession of his crime in a prescribed form of words; which is augmented or moderated according to the quality of the fault, and the discretion ofthe Judge. So, in smaller faults, a public satisfaction or Penance, as the Judge shall decree, is to be made before the minister, churchwardens, or some of the parishioners, respect being had to the quality of the of fence; as in the case of defamation, or laying violent hands on a min ister, or the like. God. Apfiend. 18: Wood's List. 507. Penance may be changed into a sum of money, to be applied to pious uses, and this is called commuting. 3 Inst. 150: 4 Inst. 336. See Articuti Cleri, 9 L. 2. c. 4: F. JV. B. 53: and this Dictionary, title Clergy: Excommu nication. PENANCE, At Common Law, where a person stands mute. See title Mute. PENERARIUS, an ensign bearer. John Parient was Squire of the body, and Penerarius to King Rich. II. PENITENTIARY HOUSES. See tit. Transportation. PENNY; See Peny. PENNYWEIGHT. As every pound TVct/ contained twelve ounces, each ounce was formerly divided into twenty parts, called Penny weights; and though the Pennyweight be altered, yet the denomina tion still continues. Every Pennyweight is subdivided into twenty- four grains. Cowell. PENON, mentioned in an antient statute, 11 Ric. 2. cafi. l.J A standard, banner, or ensign, carried in war. Cowell. PENSA SALIS, Casei, &c. A wey of salt or cheese containing 256 pounds. Cowell. 132 PEN PENSAM, Ad pensam.] The antient way of paying into the Ex twelve chequer as much money for a pound sterling, as weighed ounces Troy. Payment of a pound de numero, imported just twenty shillings; ad scalam twenty shillings and six-pence; and ad fiensam, imported the full weight of twelve ounces. See Lowndes's Essay on Coin, p. 4. See Scalam. PENSION, Fr. Pension!] An allowance made to anyone without an equivalent. Johns. See Pensioner. To receive Pension from a fo reign Prince or State, without leave of our King, has been held to be criminal, because it may incline a man to prefer the interest of such foreign Prince to that of his own country. See title Contempt. All Pensions are liable to certain duties annually imposed by Par liament. See Taxes. Persons having pensions from the Crown are incapable of being elected members of Parliament. See title Parliament, VI. B. (2). PENSION OF CHURCHES, Certain sums of money paid to clergymen in lieu of tithes. Some Churches have settled on them an nuities, Pensions, Wc. payable by other churches; which Pensions are due by virtue of some decree made by an Ecclesiastical Judge on a controversy for tithes, by which the tithes have been decreed to be enjoyed by one, and a Pension instead thereof to be paid to another; or they have arisen by virtue of a deed made by consent ofthe Par son, Patron, and Ordinary; and if such Pension hath been usually paid for twenty years, then it may be claimed by prescription, and be recovered in the Spiritual Court, or a Parson may prosecute his suit for a Pension by prescription, either in that Court or at Common Law, by writ of annuity; but if he takes his remedy at law, he shall never afterwards sue in the Spiritual Court; if the prescription be denied, that must be tried by the Common Law. P. JV. P. 51: Hardr. 230: Ventr. 120. A spiritual person may sue in the Spiritual Court, for a Pension originally granted and confirmed by the ordinary; but where it is granted by a temporal person to a clerk, he cannot; as if one grant an annuity to a Parson, he must sue for it in the Temporal Courts. Cro. Pliz. 675. See titles Corody; Courts-Ecclesiastical. PENSIONS of the INNS of COURTS, Annual payments of each member to the Houses: And also that which in the two Tem ples is called a Parliament, and in Lincoln's Inn a Council, in Gray's Inn is termed a Pension; being usually an assembly ofthe members.
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