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.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
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

Tomkins against Jourden.

Mich. 24 Car. Banc. Reg.

Trin. 24 Car. rot. 96.

A Writ of Error was brought to reverse a Iudgment given in an inferi∣our Court, & these Errors we are assigned.* 1.1 1. It is said in the stile of the Court that the Court was held per consuetudinem et literas patences, which is not good, for the Court cannot be held by both. Roll Iustice, This is not good, 2ly. Against the writ of Error it is objected by the other side, that the writ of Error is directed to one, and is retorned by another, for the certiorari was to certyfie a Iudgement given before the Maior, Aldermen, and Recorder, and the Iudgement certifyed, is a Iudgement given before the Maior and the Aldermen, and the Recorder is left out, so that the Record is not re∣moved, and then the Iudgement cannot be affirmed. Roll Iustice said, the pleading is confused, and Bacon Iustice said, you have changed the stile of the corporation by your pleading; If a Court be held by Custom,* 1.2 and after a patent be purchased to hold it, and they hold it by the patent, the Custom is gone; but bring us a Copy of the certificate of the stile of the Court, and in the mean time we will advise.

Notes

* 1.1

Error to re∣verse a judge∣ment given in an inferiour court.

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* 1.2

Custom.

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