Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

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Title
Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...
Author
England and Wales. Court of King's Bench.
Publication
London :: Printed by F.L. for W. Lee, D. Pakeman, G. Bedel, and C. Adams,
1658.
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Subject terms
Law reports, digests, etc. -- England.
Link to this Item
http://name.umdl.umich.edu/A61918.0001.001
Cite this Item
"Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A61918.0001.001. University of Michigan Library Digital Collections. Accessed June 10, 2024.

Pages

Page 106

Clementson against Montford

Trin. 24 Car. Banc. Reg.

Hill. 23 Car. rot. 1493.

A Writ of Error was brought to reverse a Iudgement in an Action up∣on the Case brought by an Administrator in the Court at Esham;* 1.1 The Errors assigned were. 1. The Plaintiff doth not declare that the administration was granted unto him per loci illius ordinarium. 2ly. The Plaintiff saith in his Declaration, producit litteras Administratorias intesta∣ti, whereas it should be ordinarii, and not intestati. 3ly. The Court cannot by its privilege being an inferiour Court,* 1.2 and that but newly erected, award a Capias upon entring the plaint, as it is here done. 4ly. The Court began first to be a Court, but 9 Iac. and yet it is said to be held per usum et consue∣tudinem curiae. Twisden to the 1. exception said, that it is helped by the verdict. Roll Iustice asked how doth it appear that Esham is within the Di∣ocess of the Bishop that granted the Letters of Administration, for if it be not, the Letters are not well granted; And said, that in a Declaration it is not necessary to say that Letters of Administration are granted per loci illius ordinarium, aut cui pertinuit,* 1.3 although they ought to be so pleaded in a plea in Bar. To the second exception, Twisden answered, that the words mentioned are not necessary, and the Declaration would be good enough without them, and therefore they shall not hurt it, though they he mista∣ken, and if it should be otherwise, yet they are helped by the verdict; and to the first exception he said, that the words secundum usum et consuetudinem shall be intended to be meant according to the Law, and not according to ancient usage, as is urged by the Councell on the other side. The rule was that Iudgement be affirmed except better matter should be shewn Monday next.

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