's note on Co. Litt. p. 330; where that
eminent lawyer expresses similar doubts as to Lord Mansfield's
reasoning. It may however be remarked, that constructive or elective
disseisins, being of a technical nature, were more likely to produce
cases in the Year-books than those accompanied with actual violence,
which would commonly turn only on matters of fact, and be determined by
a jury.

A remarkable instance of violent disseisin, amounting in effect to a
private war, may be found in the Paston Letters occupying most of the
fourth volume. One of the Paston family, claiming a right to Caistor
Castle, kept possession against the duke of Norfolk, who brought a large
force, and laid a regular siege to the place, till it surrendered for
want of provisions. Two of the besiegers were killed. It does not appear
that any legal measures were taken to prevent or punish this outrage.

[390] Difference between an Absolute and Limited Monarchy, p. 99.

[391] The manner in which these were obtained, in spite of law, may be
noticed among the violent courses of prerogative. By statute 2 E. III.
c. 2, confirmed by 10 E. III. c. 2, the king's power of granting pardons
was taken away, except in cases of homicide per infortunium. Another
act, 14 E. III. c. 15, reciting that the former laws in this respect
have not been kept, declares that all pardons contrary to them shall be
holden as null. This however was disregarded like the rest; and the
commons began tacitly to recede from them, and endeavoured to compromise
the question with the crown. By 27 E. III. stat. I, c. 2, without
adverting to the existing provisions, which may therefore seem to be
repealed by implication, it is enacted that in every charter of pardon,
granted at any one's suggestion, the suggestor's name and the grounds of
his suggestion shall be expressed, that if the same be found untrue it
may be disallowed. And in 13 R. II. stat. 2, c. 1, we are surprised to
find the commons requesting that pardons might not be granted, as if the
subject were wholly, unknown to the law; the king protesting in reply
that he will save his liberty and regality, as his progenitors had done
before, but conceding some regulations, far less remedial than what were
provided already by the 27th of Edward II. Pardons make a pretty large
head in Brooke's Abridgment, and were undoubtedly granted without
scruple by every one of our kings. A pardon obtained in a case of
peculiar atrocity is the subj