| 1425.003 |
1425 |
Common Pleas |
Trespass for breaking close and cutting grass |
Chalenge |
Rolf. Thomas Sjt (for P)
Paston, William Sjt (for D)
Rolf, Thomas Sjt
Martin, John JCP |
Toucester |
John |
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Statham Challenge 14
Fitzherbert Challenge 16 (not in margin)
AbrBkAss Challenge [32]
Brooke Challenge 7 (not in margin) |
20 Hen. 6, fol. 41
13 Hen. 4, fol. 15
20 Hen. 6, fol. 42, 43 |
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| John Toucestre port brief de Trespas vers R.B. de bruser al clos, & de pues ses herbes. Le defendant |
13 |
Defendant pleaded that the land was defendant's freehold.
The parties were at issue.
The inquest came at Distraint ready to give their verdict.
Plaintiff challenged a juror who was chosen arbitrator for defendant for the same trespass.
Defendant replied that the juror was chosen arbitrator as one of four impartial (indifferent) persons.
Plaintiff rejoined that he chose two arbitrators and defendant chose two.
The triors prayed that they could be sworn to say the truth.
This was done, and the triors affirmed that the challenged juror was chosen by defendant alone.
The challenged juror was withdrawn. |
Sjt Rolf (for P): il fuit autrefois eslue arbittor pur le defendant
Sjt Paston (for ): nous mismons en arbitrement, & ordine de iiij persones indifferente; issint uit il eslue come personne indifferent
Martin JCP: indifferent arbitrors
Purque les triors prient que il peut estre jure adire le verite; Purque il fuit tret (= withdrawn) |
| Choice of arbitrators. If each party chose two arbitrators, then the party's two arbitrators were presumed to be favorable to the party if challenged as jurors. If both parties together chose four arbitrators, the four would be presumed impartial (indifferent). |
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AbrBkAss Challenge [32], fol. 53v, stated, in Trespass a juror was challenged because he was chosen to be an arbitrator for the same trespass and that he was chosen by the plaintiff; and it was adjudged a peremptory challenge, (but) it is otherwise where he is indifferently chosen by both, etc. Hil 3 Hen. 6; query if one (juror) be named (arbitrator) by the plaintiff and another by the defendant indifferently. |
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Soil
Freehold
Case
Issue
Inquest
Appearance
Distraint
Challenge of Juror
Arbitration
Ordinance
Indifference
Impartiality
Person
Choice
Arbitrator
Stranger
Part
Trior
Swearing
Truth
Affirmation
Withdrawal. |
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