“The King to the Sheriff, Health. I command you, that you cause to be
recorded in your County Court, the suit which is between such and such
persons, of so much Land, in such a Vill; and have the Record of that
suit before me, or my Justices, at such a day,[319] by four Lawful
Knights, who were present at the making of such Record—And Summon, by
good Summoners, the party claiming the Land, that he be then there with
his Plea; and the party who holds the Land, that he be then there to
hear it.[320] And have, &c.”
[Footnote 319: _Terminum_—Vide ante, p. 22. not. 2.]
[Footnote 320: _The Record_—Bodl. and Dr. Milles’s MSS.]
CHAP. XI.
Inferior Courts have also Records concerning things transacted in them,
which are received as such in the King’s Court. This happens when
a Lord[321] has a Plea in his Court, concerning which a reasonable
difficulty arises, and the Court is incompetent to determine it. On
such an occasion, the Lord himself may adjourn his Court[322] into the
King’s Court, in order to have the advice and assent of the latter,
in determining what is proper to be done. The King, indeed, owes this
assistance to his Barons, who may on such an occasion, as a matter of
right, adjourn their Courts into the King’s Court, in order to obtain
from the skilful men who preside there, that advice they stand in need
of. But, when they have been certified in the King’s Court, concerning
the doubtful point, they may return with the Suit, resume the
consideration of it, and finally determine it in their own Court.[323]
The County Court has a Record, as to the giving and receiving pledges
there, and of similar matters.
[Footnote 321: _Baro—hoc est robur beli_, says Bracton. The term was
formerly used in a variety of senses.—I shall mention some of them—a
Man, a hired Soldier, an Officer, a Tenant, a lesser Tenant in chief,
a greater Tenant in chief, a Noble, an Ecclesiastical Dignitary, a
greater Vassal of an Earl or Prelate, a Knight, a Husband, an Eldest
Son, a Burgess, a Citizen, a Robber, &c. (Vide Spelm. Gloss. ad voc.
Cowell’s Interp. Craig Jus feud. L. 1. Dieg. 12. s. 15. 16. 2 Inst.
5.—Madox’s Excheq. c. 5. s. 1. Index to Anglo-Sax. LL. Ed. Wilkins,
voc. Baro—and authorities referred to by such authors.)]
[Footnote 322: _Suit_, instead of _Court_, according to Harl. and Bodl.
MSS.]
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