A.D. 1340. for the damages, and he could not have it, for execution shall not be made by parcels; and if collusion be found he shall not have execution for the damages. Waste. Right. The tenant vouched one who came and warranted, The Abbot of Tavistock brought a writ of Waste, and the waste was found before the Sheriff, and returned; wherefore judgment was given for the Abbot, but execution was stayed until enquiry had been made as to collusion.- Blaik prayed execution for the damages immediately. The COURT. You shall not have that, for if collusion be found you shall not have damages, &c. (43.) § Note.-On a writ of Right the tenant vouched to warranty one who came and warranted, and joined the mise on the better right, and afterwards made default. Wherefore HILLARY adjudged that the deand the de- mandant should recover against the tenant, to him and recovered. his heirs for ever, quit of the vouchee and of the tenant and of their heirs for ever, and that the tenant should recover over, to the value, against the vouchee, and that the vouchee should be in mercy, &c. mandant Right. Debt. § Note that upon a writ of Right the tenant by warranty joined the mise and afterwards made default; wherefore ALDEBURGH adjudged that the demandant should recover to him and his heirs quit of the tenant in demesne and of the tenant by his warranty and of their heirs for ever, and that the tenant should recover to the value against his warrantor, and that the warrantor should be in mercy. (44.) § Note that a parcener brought a writ of Debt against her co-parcener, and counted how that partition was made between them so that the share of the defendant was greater in value by nine marks, and for that reason she agreed to be held liable to the plaintiff for nine marks, to be paid &c. And they were at issue, by consent, that she did not so agree, notwithstanding that damages, et [non] potuit habere, qar execucion ne se A.D. 1340. fra pas par parcelles; et si trove soit la collusion il navera pas execucion de damages. 1 2 Labbe de Tavystoke porta un bref de Wast, et le wast Waste. fut trove devant le Viscounte, et retourne; par quei jugement fut rendu pur Labbe, mes lexecucion3 cesse tanqe enquis soit de la collusion. Blaik pria execucion des damages meyntenant. — CURIA. Vous naverez pas cella qar, si trove soit la collusion, vous naverez pas damages, &c. 6 Le tenant (43.) § Nota.-En un bref de dreit le tenant voucha De Recto. a garrant un moigne,5 qe vint et garranti, et joynt voucha un la myse sour le meur dreit, et puis fit defaute. moigne qe Par quei HILL. agarda qe le demandant recoverist devers le tenant, a luy et a ses heirez a touz quites de le vouche et de le tenant et de lour vient et garanti, et ant re jours, le demandheirez coveri. a touz jours, et le tenant outre a la value devers le vouche, et le vouche en la mercy, &c. § Nota qen bref de dreit le tenant par sa garrantie joynt De Recto. la myse et puis fist defaute; par quei ALD. agarda qe le de- [Fitz. mandant recoverast a lui et ses heirs quites del tenant en Jugement, 154.] demene [et] del tenant par sa garrantie et de lour heirs a touz jours, et le tenant a la value vers son garrant, et le garrant en la mercy. (44.) § Nota qun parcenere porta bref de dette vers Dette. sa parcenere, et conta coment purpartie se fist entre [Fitz. Dette, eux issi qe la purpartie le defendant valust pluis par 137.1 ix. marcz, par quei ele se granta estre tenuz al pleintif en les ix. marcz, a paier &c. Et furent a issu, par assent, qele ne granta pas, non obstante qe nul A.D. 1340, no specialty was shown; and the agreement was found by verdict, and enquiry was made over, and this de bene esse, whether the debt was due for such reason; and the jurors said that it was; wherefore she recovered the amount, and her damages. Entry sine as sensu Ca (45.) § Upon a writ Sine assensu Capituli the tenant traversed the lease, and the Inquest said the predecessor pituli, &c. did lease. It was asked of them whether he leased by consent of the Chapter, or without consent.--The Inquest said Without consent.-Wherefore it was adjudged that the demandant should recover. But quære, if the Inquest had said that the predecessor leased with the consent of the Chapter, whether that would have availed the party, since the party himself could not be aided by such an averment unless he had a specialty to that effect. Entry. A Præcipe quod reddat was against a tenant life who traversed § Note that a Prior brought a writ of Entry, on an alienation by his predecessor Sine assensu Capituli. The tenant traversed, saying that he did not enter through the predecessor, as supposed by the writ; and the Inquest said that the tenant did enter by the predecessor.-STONORE. Was it with the consent of the Convent or not? The Jury said that it was without their consent. Quære, if the Jury had said that it was with their consent, whether the writ would abate, since the tenant did not aid himself by a deed by which the consent could be proved. (46.) § In a Præcipe quod reddat the tenant came on the first day and traversed the action. The Venire brought facias duodecim issued, and was returned late; and, at the return of the Alias venire, Pole came and said the for term of tenant held only for term of life, the reversion being to one W. de S., who is ready here—and that by fine levied the de- in this Court (and Pole showed a transcript of the fine) ground of and W. de S. prayed, if the Court would permit it, action, and to be admitted to defend his right, because (said Pole) you can see very clearly that the demandant and the prayed to tenant have agreed together and are pleading collusively mitted, and with the object of depriving W. de S. of his reversion.— SCHARDELOWE. You are not in a position to be admitted, mandant's the rever sioner be ad was not especialte fast moustre; et graunt fust trove par ver. A.D. 1340. dist, et outre fust enquis, et hoc de bene esse, si la dette fust deu par tiele resoun; et disoint qe oyl; par quei ele recoveri, et ses damages. assensu (45.) § En un bref sine assensu Capituli le tenant Entre sine traversa le lees, et lenqueste dit qil lessa. - Demande Capituli, fut le quel par assent de chapistre ou saunz lassent. &c. -Lenqueste dit qe saunz lassent. Par quei agarde fut qil recoverast. - Sed quære, si lenqueste ust dite qil lessa par lassent de chapistre, si ceo ust value al partie, del hure qe la partie mesmes par tiel avere ment ne put estre ayde sil nust de ceo especialte. 2 - § Nota qun Priour porta bref dentre sur alienacion son Entre. predecessour sine assensu Capituli.-Le tenant traversa qil nentra pas par lui prout per breve suum, &c.; et lenquest dist qe le tenant entra par le predecessour. - STON. Le quele par lassent le Covent ou noun ?--Qe disoint saunz lour assent. - Quære, si verdist ust dit qe [par] lour assent si le bref abatereit, del houre qe le tenant se eida pas par fet par quel assent pout estre prove. 3 reddat un tenant a terme de versa (46.) § En un Præcipe quod reddat le tenant vint Un Præal primer jour et traversa laccion.-Le Venire facias cipe quod xij. issit, qe fut retourne tarde; et, al Sicut alias porte vers retourne, Pole vint et dit qe le tenant navoit qe terme un de vie, la reversion a un W. de S., qe prest est yci, vie qe traet par fyn leve en cesti Court, et moustra transescripte laccion le del fyn, si la Court poet suffrer, prie de estre resceu a demanddefendre son dreit, pur ceo qe vous poiez bien veer qe en la rele demandant et le tenant sunt de un assent et pledent version pria destre par collusion de luy toller la reversion. SCHARD. Vous nestes mye en cas destre resceu, qar il ni ad 5 ne fut mye ant, et celi resceu, et resceu, et 1 From L. alone, as far as the point at which the larger type ends. 2 This report of the case is from T. alone. 3 From L. and 25184, as far as the point at which the larger type ends. 4 25184, cy. 5 L., naye, instead of il ni ad. and yet the lease was by fine. But it is said that, in such a case, one when the tenant pleads in chief, as appears at the end of this plea. &c. A.D. 1340. for there is nothing to be lost by default or by render, and admitted, so you are out of the case of the Statute,1 and we cannot yet know what the Inquest will say. -- STONORE. To say the least, the matter is suspicious, because the tenant. has waived his delays, &c. Wherefore we desire to consider very carefully before we take the Inquest.—On the may enter morrow STONORE said that the reversioner was not in a position to be admitted. - Pole. That is a mischief, for, perhaps, the verdict will pass for the demandant, and so we shall be disinherited.-W. Thorpe. After the death of the tenant for term of life you will be able to have a Scire facias, and so there will be no mischief. - And afterwards Pole said:-Still we do not understand that you will take this Inquest, for the Venire facias duodecim was returnable in this term at the Quinzaine, and we came on the fourth day and prayed to have the jury put in respite because no writ was returned, and you caused the rolls to be searched at that time, and if the jury had been ready you would have respited it, wherefore, since now, after the fourth day, the Sheriff has returned the writ, we pray that you will not take the Inquest in respect of this matter but will put the jury in respite.-W. Thorpe. You are not a party with respect to us, wherefore no regard shall be had to this; and since the Inquest is here ready to pass, we pray that it be taken.-SCHARDELOWE (ad idem). Because the Sheriff returned the panel so late, we have amerced him; but now that the writ is served and the Inquest is here we will take it. And the Inquest was taken. And note that SCHARDELOWE and Pole said that the reversioner 113 Edw. I. (Westm. 2.) c. 3. |