HER MA

YEAR XIV.

EDITED AND TRANSLATED

BY

LUKE OWEN PIKE,

OF BRASENOSE COLLEGE, OXFORD, M.A.,

AND OF LINCOLN'S INN, BARRISTER-AT-LAW;
AUTHOR OF "A HISTORY OF CRIME IN ENGLAND, ETC."

PUBLISHED BY THE AUTHORITY OF THE LORDS COMMISSIONERS OF HER MAJESTY'S
TREASURY, UNDER THE DIRECTION OF THE MASTER OF THE ROLLS.

LONDON:

PRINTED FOR HER MAJESTY'S STATIONERY OFFICE,
BY EYRE AND SPOTTISWOODE,

PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY.

And to be purchased, either directly or through any Bookseller, from
EYRE AND SPOTTISWOODE, EAST HARDING STREET, FLEET STREET, E.C.; or
ADAM AND CHARLES BLACK, 6, NORTH Bridge, EDINBURGH; or
HODGES, FIGGIS, & Co., 104, GRAFTON STREET, DUBLIN.
1888.

ик

:

tinued the records of the period are being

made known by the light of the Year Books

The MSS. used

Page

xiii

xiii

xiv

XV

The Reports: question in the Exchequer as to the

definition of "War"

"War" and " War in the Realm "

XV

xvi

The Realm is in a state of peace when its forces are

engaged in war, if not waged on the soil of the

Realm

xvi

ΧΧ

-

XX

The writ obtained by prayer to the King and

Council

The existing Red Book of the Exchequer is not the

original Liber Rubeus

Statement of the Barons (11 Edward III.) as to the

history of the Exchequer, in relation to Privilege

and Error, from the Conquest downwards

Proceedings in the Exchequer distinguished from

xxii

proceedings at Common Law

xxvi

The King's Bench had no jurisdiction in Error as to

Page

Also the subject of ballads

The Courts of the Sheriffs

Complaints against Sheriffs recited in Acts -

A presentment in the Sheriff's Turn as to non-repair

XXX

XXX

of a bridge, and distress thereon

Writ of Error thereon returnable in the King's

Bench

xxxi

xxxii

The Sheriff commanded to send a fuller return, as

the first was insufficient

xxxiii

Errors assigned as to jurisdiction: no common

passage: bridge within liberties

Men of townships near the bridge give information

in Court

Issue on the questions of fact: jury-process

Presentment quashed after verdict

-

Alternative remedy against the Sheriff by Replevin

The two modes of proceeding, though different in

effect, do not involve any diversity of principle

Sheriff made defendant in assise for executing writ

of seisin

xxxvii

Special verdict including matter of record

xxxvii

Diversity assigned between tenements recovered in

previous action and tenements of which plaintiffs

in assise were disseised

Judgment in the Common Pleas against Sheriff and

co-defendant

xxxix

Was the Sheriff in collusion with any of the parties? xxxix

Importance of the case at the period

xl

Discontinuance of actions by demise of the King

The" demise " of Edward II.: different accounts of

the deposition or resignation

It was regarded in law as a voluntary resignation

Original meaning of "demise

xlii

xlii