Book Description

Excerpt from Year Books of the Reign of King Edward the Third: Years XVII. And XVIII In one instance the transposition may, at first sight, appear to have been somewhat arbitrarily made. A passage standing in the old editions as the conclusion of No. 112 of Michaelmas Term 17 Edward III. (which is in fact a second report of No. 25) has now been transferred to the end of the second report of No. 21, which appears in the old editions as No. 108 (bis). It relates to the interval allowed for an adjourn ment, in cases of Quare impedit, by the Statute of Marlborough, c. 12. As No. 25 is a case of Quare impedit, and No. 21 is a Quare incumbmrit, it may, perhaps, be asked why the passage should not be re garded as belonging really to No. 25 rather than to No. 21. The answer is that it is absolutely incon sistent with the pleadings in No. 25. In that case there was no pleading to issue on the facts, and no jury called, or to be called. In No. 21, however, there was an issue, and the county from which the jurors had to be summoned was Cornwall, as the church of Kilk hampton, to which the Quare incumbravit has reference, is in that county. Counsel is represented as com plaining that the day which had been given, according to the entry of the clerk upon the roll, was at a shorter interval than was allowed by the Act; and to enforce his argument he said the place from which the jury will come to try that issue. Is in the most foreign county in England. By the expression most foreign he, no doubt, meant the county which is the most remote from Westminster, and from his point of View it was not an unapt description of the county which includes the Land's End. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.