History of the English Law: From the Time of the Saxons, to the End of the Reign of Philip and Mary [1558], Volume 2Reed and Hunter, 1814 - Law |
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Page 41
... agreed , he was adjudged to be in the right , and so the matter was decided . If the defendant said he bought ( b ) Ibid . 150. b . ( a ) Bract . 154. b . 1 it , or that it was given him , CHAP . VIII . 41 HENRY III .
... agreed , he was adjudged to be in the right , and so the matter was decided . If the defendant said he bought ( b ) Ibid . 150. b . ( a ) Bract . 154. b . 1 it , or that it was given him , CHAP . VIII . 41 HENRY III .
Page 47
... defendant to wage his law duodecimâ manu ; and if he failed in so doing , he was in misericordia to the sheriff ( for we are now speaking of this proceeding when in the county ) , and was to restore to the plaintiff the damage he ...
... defendant to wage his law duodecimâ manu ; and if he failed in so doing , he was in misericordia to the sheriff ( for we are now speaking of this proceeding when in the county ) , and was to restore to the plaintiff the damage he ...
Page 48
... defendant denied both , if one was found for the plaintiff and one for the defendant , one party was to be in misericordiá , as to one , and the other in misericordiâ pro falso clamore , as to the other . If the lord made default after ...
... defendant denied both , if one was found for the plaintiff and one for the defendant , one party was to be in misericordiá , as to one , and the other in misericordiâ pro falso clamore , as to the other . If the lord made default after ...
Page 50
... defendant's court to answer " for certain services and customs demanded of him , he " there said he owed him no services , and demanded ' judgment , if he was to be put to answer without the " king's writ , in a matter that touched his ...
... defendant's court to answer " for certain services and customs demanded of him , he " there said he owed him no services , and demanded ' judgment , if he was to be put to answer without the " king's writ , in a matter that touched his ...
Page 51
... defendant , could he not otherwise defend himself , might have an assise of freehold , or the plaintiff an assise of common . : The defendant might say , that the taking was just , be- cause he found them damage feasant , or doing ...
... defendant , could he not otherwise defend himself , might have an assise of freehold , or the plaintiff an assise of common . : The defendant might say , that the taking was just , be- cause he found them damage feasant , or doing ...
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Common terms and phrases
action advowson alienation amerced answer appear appellee appellor assise attainted authority bailiffs barons bench bishop Bract Bracton called cause chancery charter chattels church clergy clerks common law complained coram coroners criminal damages debt debtor declared default defendant delivered demanded detinue distrained distress dower Edward Edward II enacted escheators essoin exchequer eyre facias felony feoffment Fleta former freehold Glanville granted heir Henry III Ibid imprisonment indicted inquest issue judges judgment jurisdiction jurors jury justices justices in eyre king king's court land legem Magna Charta manner Mayn mentioned mortauncestor nisi prius octabis offence ordained outlawry parliament party peace person plaintiff plea pleaded prison proceeding provision punished quòd realm recover regis reign remedy says the statute secta seems seisin sheriff shew staple stat suit summons taken tenant tenements thereof thing tion treason trespass ward warranty Westm writ of right
Popular passages
Page 469 - ... to restrain the offenders, rioters, and all other barrators, and to pursue, arrest, take, and chastise them according to their trespass or offence...
Page 367 - And whereas also by authority of Parliament, in the 25th year of the reign of King Edward the Third, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter, and the law of the land...
Page 445 - ... and judged in the French tongue, which is much unknown in the said realm; so that the people which do implead, or be impleaded, in the king's court, and in the courts of...
Page 380 - ... to appear before the king and his council, or in his chancery, or before the king's justices, in...
Page 469 - Prison; and to take of all them that be not of good fame, where they shall be found, sufficient Surety and Mainprise of their good Behaviour towards the King and his People...
Page 414 - Council, unless it be by indictment or presentment of good and lawful people of the same neighbourhood where such deeds be done, in due manner or by process made by writ original at the common law...
Page 129 - ... any false news or tales, whereby discord, or occasion of discord or slander, may grow between the King and his people, or the great men of the realm ; and he that doth so, shall be taken and kept in prison, until he hath brought him into the court, which was the first author of the tale.
Page 467 - Item, that two or three of the best of reputation in the counties shall be assigned keepers of the peace by the king's commission ; and, at what time need shall be, the same, with other wise and learned in the law, shall be assigned by the king's commission to hear and determine felonies and trespasses done against the peace in the same counties, and to inflict punishment reasonably, according to law and reason, and the manner of the deed.
Page 469 - ... to hear and determine at the king's suit all manner of felonies and trespasses done in the same county according to the laws and customs aforesaid...
Page 108 - ... prove that they were his, or perished in his keeping, within a year and a day, they shall be restored to him without delay : and if not, they shall remain to the King, and...