Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	war_n	17,303	5	6.8100	4	true

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

Defendant might put himself upon God and the Country as is the ●●e at this day or else upon God only and then if he was a Fréeman he was to be tryed per ignem that is he was to passe over Noven vomeres ignitos nudis pedibus and if he was not hurt by this then he was to be acquitted otherwise condemned and this was call d Ju icium Dei But if he was a slave then his Tryall was to be per aquam and that divers wayes which all appear in Lambard verbo Ordalium From which kinde of Tryall I presume we still retain this expression of an innocent person That he need not feare fire or water This manner of Tryall was first prohibited by the Cannons then by Parliament The Tryall by Battail Battail is likewise prohibited by the Cannons but not by Parliament as you may read in the ninth Report fo 32. and in the Authorities there cited which I therefore omit to recite here th ugh I have the Books by me and ●o in this whole Treatise where I refer you to a Book I shall not s●t down the Authorities cited in that Book which will avoid prolixity 32. When the matter alleadged extendeth to a place at t e Common Law and a place within a franchise Which Tryall shall be first it shall be tryed at the Common Law 1 Inst 125. 33. All matters done out of the Realm of England concerning War Martiall Affairs Combat or Déeds of Arms shall be tryed and termined b●fore the Constable and Marshall of England before whom the Tryall is by Witnesses Witnesses or Combat or by Combate and their procéeding is according to the Civil Law and not by the Oath of 12. men 1 Just 74. 261. Wherefore if the Kings Subject be killed by another of his Subjects in any forraign Country The Wife or Heir of the De●d may have an Appeal before the Constable and Marshall who sentence upon the testimony of Wit●esses or Combat ib. So if a man be wounded in France and dye thereof in England ib. It is worthy our observation What Issue shall be first tryed to take notice w●en there are several Issues which of them shall be first tryed And for this you have already heard that where Issue is joyned for part and a Demurrer for the Residue the Court may direct the Tryal of the Issue or judge the demurrer first at their pleasure though by the opinion of Doderidge Latch 4. It is the best way to give Iudgement upon the Demurrer first because when the Issue comes afterwards to be tryed Damages the Iury may assess damages for the whole Plea to the Writ In an Action against two the one pleads in abatement of the Writ the other to the Action the Plea to the Writ shall be first tryed for if that be found all the whole Writ shall abate and make an end of the business for the Plaintiff ought not to recover upon a false Writ 1 Inst 125. In a Plea personall against divers Defendants Plea to the whole first tryed the one Defendant pleads in barr to parcel or which extendeth onely to him that pleadeth it And the other pleads a Plea which goeth to the whole the Plea that goeth to the whole that is to both Defendants shall be first tryed because the other Defendant shall have advantage thereof For in a personall Action the discharge of one is the discharge of both As for example if one of the Defendants in Trespass pleads a Release Release to himself which in Law extends to both and the other pleads not guilty which extends but to himself or if one pleads a Plea which excuseth himself onely and the other pleads another Plea which goeth to the whole the Plea which goeth to the whole shall be first tryed for if that be found it maketh an end of all And the other Defendant shall take advantage hereof Discharge of one dischargeth both because the discharge of one is the discharge of both But in a Plea reall it is otherwise for every Tenant may lose his part of the Land As if a Praecipe be brought as Heir to his Father against two and one pleads a Plea which extendeth but to himself and the other pleads a Plea which extends to both as Bastardy in the Demandant and it is found for him yet the other Issue shall be tryed for he shall not take advantage of the Plea of the other because one Ioyntenant may lose his part by his misplea ib. CAP. III. Of a Venire facias To whom it shall be directed when to the Sheriff when to the Coroners when to Esliors and when to Bayliffs H●ving given you the Epitome of what Tryals are allowed by t●e Common Law and what shall be tryed per pais and what not we shall now a●ply our selves more particularly to the Tryal by Juries And bec●use a Venire facias is the foundation and Causa sine qua non of a Iury I meane in Civil Causes for in Criminalls as upon Indictments the Justices of Goal Delivery give a general Command to the Sheriff to cause the Country to come against their coming and take the Pannels of the Sheriffe without any process directed to him yet process may be made against the Iury though it is not much used Stamford Plees del Corone 155. I will first recite the Writ in terminis the rather because I intend to order my Discourse according to the method of the Writ Rex c. Vic. B. Salutem Precipimus tibi quod venire facias Venire facias Coram Justiciariis nostris de Banco apud Westm tali die duodecem liberos legales homines de vicenet de C. Quorum quilibet habeat quatuor libras terre tenement velreddit per annum ad minus per quos rei veritas melius sciri poterit Et qui nec D. E. nec F. G. aliqua affinitate attingunt Ad faciend quandam Jur. patrie inter partes predict de placito c. quia ●am Idem D. quam predict F. inter quos inde contentio est posuer se in Jur. illam Et habeas Ibi nomina Jur. illorum hoc breve T. c. This is one of those Latine Letters as Finch termes them fo 237. which the King sends with Salutation to the Sheriff But withall Commands him that he cause to come twelve frée and lawful men of his County to resolve the question of the fact in dispute betwéen the parties upon the Issue and it is a Iudicial Writ issuing out of the Record for Plaintiff or Defendant after they have put themselves upon the Country for upon the words Et de hoc ponit se super patriam by the Defendant Or Et hoc petit quod Inquiratur per patriam by the Plaintiff and Issue joyned thereupon the Court awardeth the Venire facias vid. Ideo fiat inde Jurat Sheriff And first you sée it is directed

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