[Footnote 314: V. LL. Gul. 1. Norman. cap. 28. (Al. MS.) The Law
alluded to is in these words. _Qui placitat in Curia cujuscunque Curia
sit, excepto ubi persona Regis est et quis eum sistat super eo quod
dixerit, rem quam nolit confiteri, si non potest disrationari per
intelligentes homines qui interfuerunt placito et videntes quod non
dixerit, recuperit juxta verbum suum._ (LL. Anglo-Sax. Ed. Wilkins, p.
224.)]
[Footnote 315: _Recordationem Curiæ Regis nulli negare licet alias
licebit per intelligibiles homines Placiti._ (LL. Hen. 1. c. 31. See
also LL. Hen. 1. c. 49 and Co. Litt. 117. b.)]
[Footnote 316: “_By the Duel_,” omitted by Harl., Bodl. and Dr.
Milles’s MSS. although from the context, it must be understood.]
[Footnote 317: The liberty of falsifying a Judgment was allowed by
the Assises of Jerusalem. But the person, availing himself of this
dangerous privilege, seems to have been obliged to fight all the
persons composing the Court, not merely the Judges, but the Suitors,
one after the other. Under these circumstances, the privilege would,
probably, not often be claimed. (Assis. de Jerusalem, c. 111.)]
It ought, indeed, to defend itself chiefly by the person who has passed
the Judgment[318] and, if the Court should be convicted of the charge,
the Lord of the Court shall be amerced to the King, and shall for ever
be deprived of his Court. Besides which, the whole Court shall be
amerced to the King. But, if the person bringing the charge forward
should fail in his proof, he shall thereby lose his principal suit. A
Court may also have a Record, by the indulgence of the Prince. Thus, if
the King, influenced by some reasonable motive, should cause any Court
to be summoned to make a Record in his Court; so that the King chuses,
that such Record shall not be contradicted. Courts are frequently
summoned to have a Record of some particular suit before the King, or
his Justices, although they have not from this circumstance any Record
but what may be contradicted; because, by the consent of the parties,
the suit may be proceeded in upon that Record.
[Footnote 318: See Mirror, c. 3. s. 23. A Judge, who had given a false
Judgment, is heavily fined to the King by the Laws of Edgar, unless
he dared confirm upon his oath, that he knew not how to pass a better
sentence. (LL. Edg. c. 3.) By the Laws of the Conqueror, such Judge
lost his _were_, unless he could excuse himself by the same means. (LL.
Gul. Conq. c. 15.) By the Laws of Alfred, he was, after having made
satisfaction to those he had injured, to forfeit the remainder of his
goods to the King, &c. &c. (Mirror, c. 4. s. 18.)]
If they agree as to the Record, the Summons may be made, by a writ of
the following description——
CHAP. X.
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