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A29168 A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ... Brady, Robert, 1627?-1700. 1685 (1685) Wing B4186; ESTC R19638 1,289,549 1,106

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the Land he passed away or to give so much other Land in lieu of it to him that vouched him to warrant it C. 51. 67. Wrong in Word or Deed as Battery and Defamation were Actions personal Actions of wrong Possession of Fees Moveables or Chattels were possessional De Tort faicte Tort. Wrong or Tort was the Fountain of all Contention C. 5● Forcible Entry Forcible Entry and breach of the Peace contrary to the Dignity of the Duke and Peace of the Country C. 53. Gloss Tit. Court Pleas of the Sword By Charter from the Duke Knights Earls Barons had Courts c. Of all these Pleas and also Pleas of the Sword the Duke hath his Lay-Court And also by Grant and Charter from the Duke Knights and such as hold freely Earldoms and Baronies and other Dignities Feudal whether Military Fees or Frank Sergeanties or other Frank or Free Fees have their Courts of their Residents in simple Plaints And of light and weighty Matters of Moveables and Heritages and of Thefts yea although they were to be determined by * Glanv l. 8. c. 9 Battle But such as were not noble Tenents or held by vile Services as Bordiers and such as performed drudging and villain Services had no Court or Vsage over Tenents in such Fees C. 52. Tit. de Haron our Hue and Cry There was a Court of the Cry called Haron with us Hue and Cry to which all that heard it were bound to go And there was an Inquest whether the Cry was rightfully or wrongfully levied for it was never raised but in Causes Criminal as for burning Houses for Theft Murder Robbery or other great and apparent Mischiefs or danger They begun at the place the Fact was done and pursued the Malefactor from Parish to Parish with noise and Arms until if they could they had taken and rendred him to Justice and for neglect in the Parish or Peoples making this Cry and pursuit they made fine to the Duke This was called a Plea of the Sword or as we call it of the Crown because such Malefactors ought to be restrained by the Sword and Arms and ought to be put in Prison and bound Such Plaints are called Criminal Ibidem Plaints Criminal for which a man loseth Life or Member others are called simple by which the Malefactor is only chastised as a Child with a Rod. The Court of some Plaints is in the Vicount of some in the Assize Plaints in the Vicount Assize Exchequer of some in the Exchequer In the Vicount were only Holden Simple Plaints What Plaints in the Vicount and the amends of Defaults in the Assize and such Plaints as ought to have the term of fifteen days that is were holden from fifteen to fifteen days And such as were holden in this Court were called Pleas Vicountel Pleas Vicountel Every great Plaint as Breach of the Peace Cases Criminal Ib. Gloss K. What Plaints in the Assize and Exchequer Cases touching Noble Fees and all the like great Plaints could not be determined but in the Assize in the Exchequer or before the Prince where the Determination was Recorded And for this reason these Courts were furnished with more Sage men than others that the Plaints might be more discreetly determined The Exchequer was an Assembly of high or Superior Justiciers C. 56. What the Norman Exchequer was to whom it belonged to amend the Judgments of the Bayliffs and lesser Justiciers and to correct their Errors to render right to every man without delay as from the mouth of the Prince to preserve his Rights and to recall such things which had been evilly and fraudulently granted away or put out of his hands and to observe every where as with the Eyes of the Prince those things which appertained to his Dignity and Honor. The ordinary way was Ib. in the Gloss The Office of Bayliff and Vicount that the Vicount corrected the ill Judgments and Errors of the base Justicies under him and the Bayliff those of the Vicount and the Exchequer those of the Bayliff A Plaint or Clamor is C. 57. A Plaint or Clamor what Plantiff bound to prosecute when any one shews by complaint to the Justicers the wrong that is done him who have power to receive them and to take Pledges of the Complainants that they will prosecute them The Plaintiff thus bound C. 58. if he appeared not in Court at the day appointed him and if his Adversary then appeared he had leave to go without day if the Suit were concerning a Lay-Fee To go without Day what and the view were made and the Plantiff pursued not his Claim but made Default he was not to be heard any more in that Matter To lose by Default And if the Defendant made Default in that Case he ought to lose the Seisin of the Fee which was shewn or viewed C. 62. Glanv l. 2. c. 3. Witnesses c. Witnesses sware to what they heard and saw and were ready to do as the Court should award no man to witness in his own Case nor his Heir for him nor any Partakers in the Plaint or Relations C. 63 64 65. Pleaders Conteurs Attorneys There were Pledeurs Conteurs and Attorneys that pleaded and managed Cases in Normandy to these are answerable our Serjeants Barresters and Attorneys C. 66. View before Tryal Land demanded by Battel or Writ of Right Knights c. made the view There were also views of several things required before Tryal view of the Fee view of the Sick person view of the Mischief done view of the person slain view of the defloured Virgin c. The view of the Fee or Land in question when it was demanded by Battel or a Writ of Right and generally in all Pleas or Controversies concerning the Inheritance was made by four Knights and twelve lawful-men Novel Disselsin view made by Knights Languor view made by Knights In Novelle Disseisines and all Plaints brought after the manner of Novel Disseisin which were for Possessions the view might be made by twelve lawful men without Knights but it were better if Knights were there if they might easily be had The view of Languor or Sickness was made by * Glanv lib. 1. c. 19. The same here four Knights The view of Murder Homicide Mayheme or wounds inflicted by force was made after the same manner The view of a Virgin defloured was made by seven Matrons of good Credit C. 67. C. 51. Tit. de Querelles Pleas or Plaints some are personal some real personal either by Deeds or Words by Deeds as by Battery or Wounds C. 68. Glanv l. 14. c. 3 Murder Battel In Suit of Murder R. complains of T. that he Feloniously murdred his Father being in the peace of God and the Duke and that he was ready to prove it c. If T. denies it word for word and offers gage to defend