The Jurisdiction of the Court Leet: Exemplified in the Articles which the Jury Or Inquest for the King, in that Court, is Charged and Sworn, and by Law Enjoined, to Inquire of and PresentW. Clarke and Sons, 1809 - 108 стор. |
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affeered affeerors affray aforesaid Aletaster amerced amerciament amerciament in leet ancient assessed assise of bread avowry bailiff Britton certiorari chattels chief pledges common law common nuisance common scold constable conusance court baron court leet custom default defendant distrain distress ditch dozein Eliz estreat false feast feloniously took felony Fitz Fleta forfeit forfeitures freehold hath held highway imprison indictment inquire Inst jurisdiction jurors jury justices justices of peace Keble Keilwey King's Bench Kitchin lady the queen leets and lawdays Lete et Hundr levyed lord the king manor ment mercy Mirror misericordia oath offence pain party peace person pillory plaintiff pleas precinct prescription presentment in leet punish purpresture quære quod rape reason replevin resiants Roll sentment sheriff sheriff's tourn Stat statute stewards of leets sworn thereof thing tion tourn or leet town traverse trespass tumbrel Vide view of frankpledge wapentake writ
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Сторінка 63 - And a villein shall be amerced after the same manner, saving to him his wainage, if he falls under our mercy ; and none of the aforesaid amerciaments shall be assessed but by the oath of honest men in the neighbourhood.
Сторінка xx - That the judges, how great soever they be, have no right to fine, imprison, or punish a jury, for not finding a verdict according to the direction of the Court. And this, I hope, is sufficient to prove, that jurymen are to see with their own eyes, to hear with their own ears, and to make use of their own consciences and understandings in judging of the lives, liberties, or estates of their fellow subjects.
Сторінка 9 - ... that is to say, once after Easter, and again after the feast of Saint Michael; and the view of frankpledge shall be likewise at...
Сторінка 9 - Coke to have been derived out of the county court for the ease of the people, that they might have justice done to them at their own doors, without any charge or loss of time;(£...
Сторінка 11 - Moreover there is a diversity betweene statutes that be in the negative ; for if a statute in the negative be declarative of the ancient law, that is, in affirmance of the Common Law, there as well as a man may prescribe or alledge a custome against the Common Law, so a man may doe against such a statute : for as our author saith consuetudo, &c.
Сторінка 40 - II. cap. 12, when a constable dies or goes out of the parish, any two justices may make and swear a new one until the lord shall hold a...
Сторінка 11 - Law, so a man may doe against such a statute : for as our author saith consuetudo, &c. privat communem legem. As the Statute of Magna Charta provideth that no leet shall be holden but twice in the yeare ; yet a man may prescribe to hold it oftener and at other times ; for that the statute was but in affirmance of the Common Law.
Сторінка 51 - VI., c. 15, § 1, if any artificers, workmen, or labourers do conspire, covenant or promise together, or make any oaths, that they shall not make or do their works but at a certain price or rate ; or shall not enterprise or take upon them to, finish that another hath begun ; or shall do but a certain work in a day ; or shall not work but at certain hours and times...
Сторінка 14 - There are many early statutes still in force enacted for the purpose of empowering the subject to appoint an attorney. The earliest statute is that of Merton (AD 1235), whereby it is ' provided and granted that every freeman which oweth suit to the county, tithing, hundred, and wapentake, or to the court of his lord, may freely make his attorney to do those suits for him.
Сторінка 40 - Of common right the constable is to be chosen by the jury in the leet ; and if the party chosen be present, he ought to take the oath in the leet ; if absent, before justices of the peace. If he refuse to accept the office, or to be sworn, the steward may fine him. If the party chosen be absent and refuses, the jury may present his refusal at the next court, and then he is amerced. But...