[Footnote 523: _Visio autem virginis defloratæ per septem mulieres
viduas vel maritatas fide dignas debet fieri, per quas, si necesse
fuerit, de defloratione veritas recordetur._ (Grand Custum. de Norm. c.
67. See also Britton c. 1. s. 30. &c.)]
CHAP. VII.
The crime of Falsifying,[524] in a general sense, comprises under
it many particular species. As, for example, false Charters—false
Measures—false Money—and others of a similar description, which
contain such a falsifying, on which a person ought to be accused, and,
if convicted, condemned. The manner and order of prosecuting these
different species of the crime may be sufficiently collected, from
what has gone before. One thing, however, should be observed, that if
a person be convicted of falsifying a charter, it becomes necessary to
distinguish, whether it be a royal[525] or a private charter; because
in the former case, the party, when convicted of this offence, shall be
condemned, as in the crime of læse majesty. But, if the charter be a
private one, then, the person convicted is to be dealt with in a milder
manner, as in other inferior crimes of Falsifying, which are punished
by the loss of members only, according to the will and beneficence of
the princely disposition, as we formerly observed.
[Footnote 524: See Britton c. 4. Bracton 119. b. and Fleta L. 1. c. 22.]
[Footnote 525: Of the king’s Charters, says Bracton, neither the
Justices nor private Individuals can dispute, nor interpret them, if
a doubt arise; but recourse must be had to the king himself; and if
the Charters be defective, through rasure, or from a false seal being
attached to them, it is better and safer to decide the matter in the
king’s presence. (Bracton fo. 34. a.)]
CHAP. VIII.
As to Thefts and other Pleas which fall within the Jurisdiction of
the Sheriff,[526] as they are conducted and decided according to the
various customs of different Counties, they fall not within the scope
of my present plan, which is solely confined to the subject of the
Chief Court.
[Footnote 526: Having already observed, that this part of the Sheriff’s
Jurisdiction was taken away by Magna Carta, I shall conclude these
Notes with extracting a passage from the Norman Code, from which we
may collect most of the various branches of the Sheriff’s Jurisdiction
and his duty, in the opinion of the Lawyers of Normandy. _Officium
autem Vicecomitis est placita tenere: vias antiquas et semitas et
limites aperire: aquas vero transmotas ad cursum debitum reducere,
et de malefactoribus et seditiosis mulieribus et arsionibus et
deflorationibus virginum violentis et ceteris actibus criminosis
diligenter et secretè inquirere._ (Le Grand Custum. de Norm. c. 4.)]
The Book of the Laws of England is finished.
INDEX.
Abbots cannot without King’s consent alien, 123
—— of Canons Regular may appear for their Order, 229
Absence of Lords, 65
—— of Parties, 30
—— of Summoners, 26
—— of Tenant, 27
—— of Demandant, 28
Accusations, 278
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account