their presence, came to an agreement, under what form the Concord was
made. But here a distinction must be taken, whether such Concord was
made in the King’s chief Court, or before the Justices Itinerant.
In the latter case, such Justices must be summoned to appear in Court,
with certain discreet Knights, of the County where the Concord in
question was made, who were present when it was entered into, and know
the truth of the fact; in order that such Justices may make a Record
of the Suit, with the assistance of the Knights, who are to be called
to Court for that purpose, from the whole body of the County, by the
following Writ——
CHAP. VI.
“The King to the Sheriff, Health. Summon, by good Summoners, _N._
and _R._ that they appear before me, or my Justices, such a day, to
record, with discreet Knights of that County, how the Plea of one Hyde
of Land, which _N._ claimed against _R._, in that Vill, and of which
there was a Suit before them, on their Eyre, ceased in my Court.”
The Sheriff of the County, in which the Suit was decided before the
Justices, shall also be commanded to transmit at the same time a Record
of the Suit in question to the King, or his Justices, by the hands of
discreet Knights of his County. This shall be done by the following
Writ, for presenting such Record in Court——
CHAP. VII.
“The King to the Sheriff, Health. I command you, that you cause to be
recorded in your County Court, the plea which is between such and such
person, concerning so much Land, in that Vill,” &c. as in the following
Chapter but two.
CHAP. VIII.
The Justices being present in Court, and perfectly concurring as to the
Record, it necessarily follows, that their Record must be abided by,
neither party being allowed to deny it, as we have already observed.
But if the Justices entertain any doubt upon the subject, and it cannot
be ascertained, then, the Plea must be again commenced and proceeded on
in Court.
CHAP. IX.
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