Page:Court-hand restored (IA courthandresto00wrig).djvu/15

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INTRODUCTION.
xi

evidence as the originals; in this I must beg leave to differ, and to remind the learned of the following Cases (amongst others), wherein Camden's "Britannia," Sir William Dugdale's "Baronage," and "Monasticon," although valuable productions, were refused to be admitted as Evidence.

1. In Ejectment for the Barony of Cockermouth, and all the other Estates of Joceline, formerly Earl of Northumberland, the Lessor shewed an Inquisition in the time of Richard the IInd. which found an entail on the then Earl of Northumberland, and the heirs male of his body, and derived his Title from Sir Ingelram Piercy, the third son of Henry, the fifth Earl of Northumberland of that name, and offered in evidence the " Baronage of England," written by Sir William Dugdale, King-at-Arms, but refused.—Piercy against————, 33 Car. II., Sir Thomas Jones's Reports, 164.

2. Camden's "Britannia" was offered in evidence to prove a particular Custom, but refused; for the Court was of opinion that a general History was not sufficient to prove a particular right or custom.—Steiner and the Burgesses of Droitwich, 7 Win. III.; Skinner, 623; 1 Salkeld, 281.

3. It being a question in the Exchequer, whether the Abbey de Fontibus[1] was a Cistercian Abbey or not, Dugdale's " Monasticon " was produced for Evidence, and refused, because the original Records might have been had in the Augmentation-Office.—Skinner, 624; 1 Salkeld, 281.

4. In a trial at Bar for lands in Com. York, upon Ejectment, the Lessor of the Plaintiff made out his title under a gift in tail made by Edward [2] the IInd. to Robert de Clifford and the heirs of his body, and, in order to jn-ove himself heir of the body of the said Robert, he produced a Pedigree by which the descent appeared: Sir William Dugdale and otherHeralds

  1. Fountains Abbey, misprinted "de Sentibus " in previous editions.
  2. "Richard," in previous editions.