Observations Upon the Statutes Chiefly the More Ancient From the Magna Charta
Observations Upon the Statutes Chiefly the More Ancient From the Magna Charta
Daines Barrington
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Rufhworth informs us, that the Lord Marfhal fpoke in defence of the court of chivalry, and the manner of proceeding therein ac- cording to the cuftom of arms : " That in thefe latter aoes the " trial by duel had indeed been not frequently ufed, but that this " was to be attributed to the good government of the kings of " England ; and added, that it was an error to apprehend that, as *' foon as an appeal is brought, it was prefently to be decided by " Willielmus Holmefius Anglus gladio occidiff...et Willielmum Wifeum " Anglum in infula Terrs nova? in America ann. Mdcxxxii: annoque fe- " quenti vidua Willielmi Wifei a fereniflimo rege Carolo ad accufationem " de mariti cxde admitti peteret, nobiliflimus Comes Lynfeius pro ea caus:i " fold coneftabilis Anglice conftitutus, et Comes Arundelia-, Comes Mare- " fcallus Anglian condemnarunt fententia, in curia militari publice lata " Holmefium, menfe Aprilis anno mdcxxxiii, ad pcenam capitalem, quam " fubiiffet, fi rex eidem criminis aboliuonem ex gratia non indulfiffer.
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