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Essays and addresses
These ere in the Superior Court; but the seal was equally important to process in the Inferior Courts, the Comitatus or County Court, in which when acting judicially the Yicecomes, Sheriff, was Judge, if the action was begun by writ for as The Mirror says, i, 15, " E celez courz sunt appellez countiez ou les jugemenz se funt par les sieuters si bref ne isoit " and these Courts are called Counties where the judgments are made by the suitors if there is no writ. The judicial decree of a Comitatus acting without the Sheriff could be certified by four Milites thereof; but that of the Sheriff only by writ sealed with his seal. In Michaelmas Term, 4 John, (1202), in a Cornwall case, John de Litton (Listen) sued Richard de Marisco for half a Knights fee Richard neither appeared nor essoigned, 6 but judgment was delayed to the Octaves of St Hilary " quia idem Johannes tulit brevia sua quibus placitat sigillata sigillo vicecomitis, ut dicit " because the said John had his writs under which he claimed, sealed with the seal of the Sheriff as he says The Court could not take judicial cognizance of the seal of a mere Yicecomes as it must of that of a Chief Justiciar: and John was given a chance to prove " brevia sua. " However the Pleadings were noted closed : " et tune alocetur ei quod ipse Ricardus non venit, etc " and, then, it was awarded in his behalf that the said Richard did not appear, etc So that unless Richard purged his neglect, paying a smart fine to the King, all John would have to do would be to prove the seal of the Vicecomes hen an Inferior Court had proceeded upon the writ of a former Chief Justiciar after "sigillum et justiciarius sunt mutati," 7 its Milites coming to " make a Record," , certify its judg- ment, found themselves in trouble " curia ilia inquisita fuit qua racione tenuit placitum antiquum factum tempore domini Rot horn agien sis tune justiciarii, cum sigillum et justiciarius sunt postea mutati " the said Court (of Arnold de Bosco) was asked for what reason it held plea (on a writ) made of old in the time of Lord (Yalter de Constanciis, Archbishop) of Rouen then Justiciar when seal and Justiciar were afterwards change Xo wonder, " obmutuit " it had nothing to say: the judgment of the Inferior Court went for nothing and the defendant Yilliam, son of Sweyn, kept the lan That it was not safe for the Judge of an Inferior Court to meddle with the seal of writs: the Prior of Repedon (Repton) learned this in Hilary Term. 10 Richard I, (1 199). prev     next
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