It should be understood, that no Court, generally speaking, has a
Record, except the King’s Court.[314] For in other Courts, if a Man
should say a thing, which he would afterwards retract, he may deny[315]
it against the whole Court, by the oath of three witnesses, affirming
that he had not said the thing imputed to him, or, indeed, by a greater
or less number of witnesses, according to the custom of different
Courts. Yet, in some cases, the County and other inferior Courts are
by a particular Law of the Realm allowed to have Records; thus, if
the Duel has been waged in any inferior Court, and the Suit should be
afterwards transferred into the King’s Court; then, as to the claim of
the Demandant, the defence of the Tenant, and the words in which such
Duel was adjudged and waged, the former Court shall have its Record
even in the King’s Court; but, in other respects, such inferior Court
has no Record, unless concerning the change of a Champion. For if,
after the suit has been transferred into the King’s Court, a different
Champion should be produced, than the one who has waged the Duel in
the inferior Court, and a dispute arise upon this point, the Record of
the inferior Court shall by a Law of the Realm be conclusive upon the
subject. It should also be understood, with respect to the Record of
an inferior Court, that any one may add, that he had said more than
is contained in such Record—and that he did in Court say it, he may
prove against the whole Court, by the oaths of two or more lawful Men,
according as the custom of different Courts vary; because no Court is
bound, either to prove or defend its Record by the Duel. But it is
not allowed to any one to take exceptions against one part, and admit
the other; and this rule is grounded on a Law of the Realm: since he
may from the first deny the whole Record, an oath being taken in the
manner before mentioned. But, although a Court is not obliged to defend
its Record by the Duel, yet is it bound to defend its Judgment by the
Duel.[316] If, therefore, any one should declare against the Court for
passing a false Judgment, and, therefore false, because when one party
had said thus, and the other answered thus, the Court in question had
judged falsely of their allegations by deciding in such words; and that
the Court had given such false Judgment by the mouth of _N._; and, if
he were disposed to deny the present charge, the other was prepared to
prove it against him, chiefly by such proper witness, who was ready to
enter upon the proof. Thus may the matter, and that very properly, be
decided by the Duel.[317] But, whether such Court is obliged to defend
itself by one of its own members, or may have recourse to a stranger,
may be questioned?
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