Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	esq_n	john_n	william_n	3,137	5	9.0777	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38733	Tryals per pais, or, The law concerning juries by nisi-prius, &c. methodically composed for the publick good, in the 16th year of the reign of our Soveraign Lord Charls the Second, King of England, Scotland, France and Ireland, &c. by S.E. of the Inner-Temple, Esquire.	Euer, Samson.	1665 (1665)	Wing E3411; ESTC R42019	90,716	264

have the better and more certain knowledge of the fact And if the fact be alledged in quadam platea vocat Kingstreet in parochia sanctae Margaretae in Com. Midd. In this Case the Visne cannot come out of Platea Parish because it is neither Town Parish Hamlet nor place out of the Neighbour-hood whereof a Jury may come by Law but in this Case it shall not come out of Westminst but out of the Parish of St. Margaret because that is the most certain But therein also it is to be noted that if it had béen alledged in Kingstreet in the Parish of St. Margaret in the County of Middlesex then should it have came out of Kingstreet for then should Kingstreet have béen estéemed in Law a Town For whensoever a place is alledged generally in pleading without some addition to declare the contrary as in this Case it is it shall be taken for a Town Town And albeit parochia Parochia generally alledge● is a place incertain and and may as we sée by experie●ce include divers Towns yet if a matter be alledged in parochia it shall be intended in Law that it containeth no more Towns than one unless the party do shew the contrary More 55● But when a Parish is alledged within a City there without question the Visne shall come out of the Parish for that is more certain than the City If a Trespass be alledged in D. and nul tiel ville is pleaded the Jury shall come de Corpore Comitatus De Corpora Comitatus But if it be alledged in S. D. and nul tiel ville de D. is pleaded The Jury shall come out de vicineto de S. For that is the more certain so if a matter be alledgd within a Mannor Manner the Jury shall come de vicineto Manerii But if the Mannor be alledged within a Town it shall come out of the Town because that is most certain for the Mannor may extend into divers Towns And all these points were resolved by all the Judges of England upon Conference betwéen them in the Case of John Arundell Esq indicted for the death of William Parker De Corpore Com. Where there may be a speciall Visne the Tryal shall never be de Corpore Comitatus Leon. 1 part 109. In a reall Action where the Demandant demands Land in one County Heir tryed where the Land lies where not as Heir to his Father and alledges his Birth in another County if it be denyed that he is Heir it shall not be tryed where the Birth is alledged but where the Land lyeth For there the Law presumes it shall be best known who is Heir But if the Defendant make himself Heir to a Woman for that is the surer and more certain side and the Mother is certain when perhaps the Father is incertain and therefore there it shall be tryed where the Birth is alledged Cro. 3. part 818. Cro. 2. part 303. because they have more certain Conusance then where the Land lyeth And so it is where Bastardy Bastardy is alledged the Tryal shall be in like Case Mutatis Mutandis If the man plead the Kings Letters Patents Non concessit where the Land lies and the other party plead non concessit it shall not be tryed where the Letters bear date for they cannot be denyed but where the Land lyeth Every Tryal must come out of the Neighbour-hood of a Castle Mannor Town or Hamlet Visne or place known out of a Castle Mannor Town or Hamlet as some Forrests and the like as before Every Plea concerning the person Plaintiff Where the Writ is brought at Common-Law c. shall be tryed where the Writ is brought When the matter alledged extendeth into a place at the Common Law and a place within a Franchise it shall be tryed at the Common-Law Matters done beyond Sea may be tryed in England and therefore a Bond made beyond Sea Matters done beyond Sea how tryable in England may be alleadged to be made in any place in England if it beat date in no place But if there be a place as at Burdeaux in France then it shall be alleadged to be made in quodam loco vocat Burdeaux in France in Islington in the County of Middlesex and from thence shall come the Jury 1 Inst 261. Lach 4. and 5. So if the Tenant plead that the Demandant is an Alien Alien born under the Obedience of the French King and out of the Legiance of the King of England the Demandant may reply that he was born at such a place in England within the Kings Legiance and hereupon a Jury of 12. men shall be charged and if they have sufficient Evidence that he was born in France or in any other place out of the Realm then shall they finde that he was born out of the Kings Allegiance And if they have sufficient Evidence that he was born in England or Ireland or Jernsey or Jersey or elsewhere within the Kings Obedience they shall finde that he was born within the Kings Legiance And this hath ever béen the pleading and manner of Tryal in that Case So of other things done beyond Sea Things done beyond Sea the adverse party may alledge them to be done at such a place in England from whence the Iury shall come and in a Speciall Verdict Lib. 7.26 they may finde the things done beyond Sea Ib. lib. 7.26 So when part of the act is done in England and part out of the Realm Part without the Realm and part within that part that is to be performed out of the Realm if Issue be taken thereupon shall be tryed here by 12. men and they shall come out of the place where the Writ or Action is brought Ib. lib. 6.48 Error Full age tryed where the Land lies for that Iudgment was given by default against the Defendant being an Infant Issue was taken that he was of full age And Godfrey moved whether the Tryal should be in Norfolk where the Land was or in Middlesex where the Action was brought And the Court held that it should be tryed in the County where the Land lay and Tanfield said It was so adjudged in the Kings Bench betwéen Throgmotton and Burfind Cro. 3. part 818. If the Venue arise in two Counties the Iury upon 2. Venire facias shall come from both This is called a Joynder of Counties Finch 410. 6. out of one County and 6. from the other Cro 3. part 646. but by consent of parties entred upon Record it may be by 5. out of one and 7. from the other Jury out of two Counties as appears Cro. 3. part 471. where in Replevin the Defendant avows for damage fesant The Plaintiff by his Replication claims common by prescription in loco quo c. being Broadway in the County of Worcester appurtenant to his Mannor of D. in the County of Gloucester and Issue