Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author
About this Item
Title
Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author
Author
Nottingham, Heneage Finch, Earl of, 1621-1682.
Publication
London :: printed by the assignes of Richard and Edward Atkins Esq; for H. Twyford, F. Tyton, J. Bellinger, M. Place, T. Basset, R. Pawlet, S. Heyrick, C. Wilkinson, T. Dring, W. Jacob. C. Harper, J. Leigh, J. Ammery, J. Place, and J. Poole,
1678.
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"Law, or a Discourse therof in four books. Written in French by Sir Hen. Finch Kt. His Majesties Serjeant at Law. And done into English by the same author." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52527.0001.001. University of Michigan Library Digital Collections. Accessed May 18, 2024.
Pages
Statutes.
Westm. 1. cap. 40. Touching the Oaths of the Champions it is thus provided, be∣cause it seldom hapened, but that the Cham∣pion of the Demandant is forsworn, in that he sweareth that he or his Father saw the seisin of the land or his Ancestor. And that his Father commanded him to dereign the right, that from henceforth the Champion of the Demandant shall not be compelled so to swear.
The battail in an appral must be in proper person. And therefore there the Defendant is restrained from the choice of battail, and must needs try i•• by Jury. If there be any notorious presumption of the fact in him, as that he brake Prison, or escaped by flight being led towards Priso•• for it, or was(b) indicted for it. So in an ap∣peal of Murder, that he was taken in the act with a(c) bloody knife, in an appeal of Robbery, that upon fresh sute and hue and cry he was taken with the manner,
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having some of the money about him,or of ••••decillity in the Plaintiff, as if he be maymed, or within age, &c.
But against a Peer of the Realm bringing an appeal,the Defendant shall not wage battail, much less against the King, either upon an indictment or appeal. 6 Ric. 2. cap. 6. Ousleth battail in an appeal of Rape.