From the Reign of Edward II. to the Reign of Edward IV

From the Reign of Edward II. to the Reign of Edward IV

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ... petit versus R. dimidium, etc., et jus suam et hereditatem et i'pse venit et defendet jus suam, et ipsa nullam sectam adduxit. Eat sine ie (Plow. Abr., fol. 2; Staff. rol., 7 happened in the county of A. and by the other in the county of B., and the writ perhaps had been brought in the county of CL, it required some technical distinctions to ascertain whence the jurors should be brought to try the fact in dispute. One sort of reasoning prevailed at one time, a different one at another; and there seem to have been very few cases where any fixed rule was laid down, to govern the court in awarding the venire facias to one county or another. It was repeatedly debated, whence the vicinage should come to try the issue of villenage. It seemed natural to try this by the vicinage where the villenage was alleged to be, and so it was in the old law.' We find in the 39th of the king, that practice still continued; for being at issue, whether the demandant was a villein regardant to the manor of T., in the county of N., or a bastard; and the manor was in one count. and the birth alleged in another; the venue was awarded' in the county where the manor was.' But in the next year, when an issue arose like the former, the venue was not awarded where the manor lay, but where the writ was brought.' Again, in the 43d year, an issue of villenage arising, the venue was awarded where the manor lay, and not where the birth was alleged.' Yet the next year they seemed to have returned back to the practice of the year 41; and that seemed to be relied upon as the better opinion." But in the 47th year, the court were still in doubt; and in order to settle the practice, they suspended the issue of venire till they more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236754409
  • 9781236754400