Boston University School of Law

Legal History: The Year Books

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Seipp Number:
 Year
 Court
 Writ
 Marginal Heading
1456.106abr 1456 Appeal
Term
 Regnal Year
 King: Plea Number Folio Number
Pasch. 34 Hen. 6 Statham Triall 45 178r
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Other Plaintiffs Other Names Places Other Defendents
Abridgements Cross-References Statutes
Statham Triall 45    Magna Carta (1297), ch. 14 (earls and barons would only be amerced by their peers, and after the manner of the offence) 
Incipit (First Line) Number of Lines
Conntiez ne barons ne sera trie per lour piers en appelle, quar l estatut de magna Carta n est entende que 2
Process and Pleading
(Defendant Earl pleaded that he could only be tried by his peers.
It was said that the provision in Magna Carta applied only to the suit of the king (indictments).)
Language Notes (Law French)
al sute del roy meme &c. come fuist adjuge en le cas le comes de Denoushire
Abstract Context
Thomas de Courtenay was Earl of Devon from 16 Jun. 1422 to 3 Feb. 1458; his son Thomas Courtenay was Earl of Devon from 3 Feb. 1458 to his execution and forfeiture on 3 Apr. 1461.
Commentary & Paraphrase
similar matter in 1422.063 = Mich. 1 Hen. 6, pl. 29, fol. 6b-7b
earls and barons had no right to trial by their peers in an appeal (private prosecution for crime), but only at the king's suit (indictment)
Manuscripts Mss Notes Editing Notes Errors
Translations/Editions
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
0 2004-04-20
Keywords
Earl
Baron
Trial
Peer
Trial By Peer
Appeal
Statute
Magna Carta
Interpretation (entende)
Intent (entende)
Understanding (entende)
Suit
King
King's Suit
Judgment
Case
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