The King's Council in England During the Middle Ages

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This was done in several of the cases previously cited. In one case we are told the accused person was positus ad rationem per plures de 1 Memoranda Boll, L. T.R.,2. Edw. II, m. 60.
2 Rot. Pari. iii. 478 ; iv. 84. A petitioner asks the keeper of the privy seal to grant a writ of subpoena, summoning his opponent to the exchequer, because he says no ordinary writ could penetrate the liberties of the Cinq Ports. Council and Privy Seal, file 58, September 15, 15 Hen. VI.
^ Pike, Year Books (Rolls S
...eries), 19 Edw. Ill, pp. xli-xlvi ; it was ground for an appeal on error if the arraignment was not on the record.
Cal. Patent Rolls, I Edw. Ill, 142.
Q2 228 THE KING'S COUNCIL CHAP.
A check upon this develop- ment.
Rivalry of the chancery.
consilio Regis et per eosdem Thesaurarium et Barones et requisitus, and again, quesitus idem Walterus per consilium.
Even these acts did not overstep the bounds which were then commonly permitted to the courts, but it was another matter when in the reign of Edward III, we are told, the defendants were put under oath and diligently examined — de precepto curie jurati et postmodum diligentius examinati.^ The instance may have been an exceptional one, for it happened at a time when the government was seeking to punish the officials who had stolen the money collected under the Statutes of Labourers, but it is of great interest neverthe- less in showing that the chancellor's court was not the only one to follow this feature of the civil law.


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