Year Books of the Reign of King Edward the Third: Year XX (1st part)

Year Books

OF THE REIGN OF

KING EDWARD THE THIRD.

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.

INTRODUCTION :-

CONTENTS.

Progress of the work

And of the glossary

Plan adopted in the two preceding volumes con-

tinued: the records of the period are being

made known by the light of the Year Books

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

Error in the Court of Exchequer how redressed

before 31 Ed. 3. c. 12

xvii

Sir Edward Coke's references

xvii

Writ of Error 15 Edward III.

xix

The writ obtained by prayer to the King and

Council

The existing Red Book of the Exchequer is not the

original Liber Rubeus

XX

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

proceedings at Common Law

xxii

xxvi

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

A presentment in the Sheriff's Turn as to non-repair
of a bridge, and distress thereon

Writ of Error thereon returnable in the King's
Bench

The Sheriff commanded to send a fuller return, as
the first was insufficient
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

Special verdict including matter of record
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

Was the Sheriff in collusion with any of the parties?

Importance of the case at the period

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

Livros