A.D. 1340. Upon a writ of there were (52.) Upon a writ of Account W. Thorpe said that Account the plaintiff ought not to be answered because he had alleged been outlawed for felony, and alleged two records.—Pole. against the Issue may be taken either upon one record or upon the other; wherefore hold you to one.-STONORE. First of all show yourself to be in such a condition that in law you ought to be answered, &c. plaintiff two re cords by which the plaintiff was out lawed for the defend ant was Annuity for a clerk by a specialty.-W. Thorpe defended &c., felony, and and the damages, and said that the plaintiff could not demand anything because he had been twice outlawed for felony, and not driven showed the records in particular.-Pole. Issue may be taken on to hold to a record; therefore let him hold to one record.-STONORE. First one record, of all show that you are in a condition to be answered. &c. Mesne. (53.) § On a writ of Mesne the pleadings were concluded in a previous term, in which the plaintiff made for himself a title in that the defendant and his ancestors and those whose estate he had, &c.; whereupon they joined issue to the country. It was found that the defendant and his ancestors had always acquitted the ter-tenants, except the plaintiff and his ancestors, who died pending a plea touching the acquittal, &c.-Afterwards, in Michaelmas term in the 14th year, BASSETT, rehearsing the verdict, said:-It is found by verdict that you and your ancestors have acquitted the ter-tenants, and that the grandfather of the tenant, who purchased, brought a writ of Mesne and died pending the plea, and afterwards his son, the plaintiff's father, availed himself of his action and died pending the plea, and now the present plaintiff, as son and heir, avails himself of his action; thus a title to be acquitted of services is found, and no laches found in the tenants who pursued their suit as much as in them lay; wherefore the COURT adjudges that he do recover his acquittal and his damages which are taxed by the Inquest at ten marks.—And afterwards this judgment was affirmed in the King's Bench. A.D. 1340. pleintif fust utlage (52.) En un bref dacompte W. Thorpe dit qil ne dacomte dust estre respondu qar il fut utlage pur felonie, et il furent allegges alleggea ij. recordes. - Pole. Issue put estre pris sour encontre lun recorde ou sour lautre; par quei tenez vous a le pleintif ij. recordes lun.-STON. Faitez vous primes 3 tiel qe de ley vous par le quel serrez respondu, &c. Annuyte pur clerc par especialte.-W. Thorpe defendi, pur felonie, et il ne fut &c., et les damages, et dit qil ne poet rien demander, qar il my chace est utlage ij foitz pur felonie, et mostra le record en a tenir a certein.-Pole. Issu sur le record put estre pris, par quei teigne al un record. STON. Fetes vous responable tout adeprimes. 4 se lun recorde, &c. [Fitz. Double Plee, 26.] (53.) 5 Bref de Mene autrefoitz plede ou le pleintif De Medio. se fist title qe le defendant et ses auncestres et ses [Fitz. qi estat il ad &c.; sur quei il descenderent en pais. Jugement, 155.J Trove fust qe le defendant et ses auncestres avoint acquite de tout temps les terres tenantz, sauf le pleintif et ses auncestres, les queux morerent en pledant sur lacquitance &c. Postea termino Michaelis anno xiiij., BASS. reherceant le verdist, Trove par verdist qe vous et voz auncestres avez acquite les terres tenantz, et qe lael le tenant, qe purchacea, porta bref de mene et morust en pledant, et puis son fitz, le pere le pleintif, usa saccion et morust en pledant, et ore cestui come fitz et heir use saccion; issi title dacquitance trove, et nul laschesse trove en les tenantz qe firent la suyte en ceo qen eux fust; par quei agarde la COURT qil recovere sacquitance et ses damages qe sont taxez par lenquest a x. marcz.-Et postea ceo jugement fust afferme en la place le Roi. 1 From L. and 25184, as far as the point at which the larger type ends. 2 L., Stouff. 3 L., provez. 4 This report of the case is from T. alone. 5 From T. alone as far as the point at which the larger type ends. A.D. 1340. Garnish ment. Upon a writ of Mesne one party had made for himself a title to have acquittal of services in that the other party and his ancestors had acquitted him and his ancestors who were tertenants, and always &c. And it was found at Nisi prius that the defendant and his ancestors had always acquitted the ter-tenants but had not acquitted the plaintiff's ancestors, &c., but that the plaintiff's ancestors died pending a plea. And now here in the Bench the party prayed judgment on the verdict.-And they were adjourned.-Quære as to the judgment, &c. (54.) § Margaret, Countess of Kent, for herself and the King, sued in the Exchequer a garnishment to the Abbot of Ramsey to show cause why the lady should not have 501. by the year; and it was expressed in the writ that the lady was endowed of 50l., issuing from the farm of the fair of St. Ives, by the endowment of her husband, the Earl of Kent, and by the assignment of the King. And exception was taken to the writ for En un bref de Meen la partie se 2 avoit fait title daver A.D. 1340. laquitance qe lautre et ses auncestres avoient acquite luy et De Medio. ses auncestres qe furent terre tenantz et tut3 temps &c. Et trove fut par le Nisi prius qe luy et sez auncestres avoient aquitez les terres tenantz de tut3 temps mes ne mye ses auncestres, &c., mes sez auncestres morirent en pledaunt. Et ore yci en Bank la partie pria jugement sour verdit. adjournantur.-Quære de judicio. &c. 5 Et (54.) § Margarete Contasse de Kent, pur lui et le Roi, Garnissuyst en Lescheqer garnissement vers Labbe de Rame- ment. sey pur quei la dame navereit 1. li. par an; et le [Fitz. bref voleit qe la dame fust dowe de 1. li., issaunt Scire facias, de la ferme de la feire Seint Yve, del dowement 122.] le Count de Kent son baroun, et del assignement le Roi. Et le bref fust chalenge de ceo qe la place ne 7 From T. alone as far as the point at which the larger type ends. There is among the Brevia directa Baronibus on the Memoranda Roll of the King's Remembrancer of the Exchequer, Easter, 14 Edward III., Ro. 23 d., an entry relating to this case. It is there recited that a fair at St. Ives (Huntingdonshire) had been granted to the Abbot and Convent of Ramsey and their successors, for eight days following Easter-day, | the residue of the fair being reserved to the King, and that Henry III. had granted the residue to the same grantees at a yearly rent of 501. "dictus proavus noster postmodum "per aliam chartam suam et per "finem sexies viginti marcarum 66 pro se et heredibus suis conces"serit eisdem Abbati et Conventui "Ac "quod si extunc aliquo tempore "vel anno occasione guerræ futuræ "iidem Abbas et Conventus feriam suam prædictam amitterent ita "quod nihil inde perciperent, dum "tamen id coram Baronibus de "Scaccario rationabiliter ostendere "valerent, quieti forent eisdem anno et tempore de prædicta "firma quinquaginta librarum." The King had been informed that the fair had not been held in the 11th, 12th, and 13th years of the reign by reason of the war with the French, as the Abbot was prepared to prove, and that the Barons had nevertheless distrained the Abbot and Convent to answer as to the whole of the farm of 50l. per annum, which the King had assigned in dower to the Countess of Kent. The Abbot and Convent had prayed a remedy of the King, and therefore if the Barons found the facts to be as stated they were to do what it might appear to them ought reasonably to be done, according to law and their discretion, to discharge the Abbot. A.D. 1340. that the Court of Exchequer ought not to take cognisance of anything which touches freehold.—And inasmuch as a farm issuing from a fair does not properly issue from certain soil so that an assise lies for it, and also inasmuch as she holds by assignment from the King, so that she shall deraign it as the King himself would, therefore the COURT will take cognisance of it.-And the writ was held to be good.-Wherefore, as to one term, Pole produced an acquittance, which was acknowledged. And, as to another term, he offered to aver at first that nothing was in arrear.-Whereupon Parning abode judgment as to whether he should be admitted to that averment, since the 50l. are not issuing from certain soil respecting which the country could have knowledge.-And afterwards on another day Pole produced an acquittance, and said that at first he could not know from the writ to what he had to answer, therefore he could not by law have had the deed ready then.-Wherefore he was allowed to produce that acquittance, and that deed was acknowledged. And as to the rest Pole said :-King Henry, the progenitor of the King, granted to the predecessor of the Abbot and his successors the residue of the fair, that is to say, for the whole of the time that the merchants chose to remain there,1 rendering 50l., whereof the Countess is now endowed in allowance &c.; and in the King's charter it is contained that, if the merchants should be disturbed by reason of war in his realm, so that they could not come there nor make their profit, the suit of the fair should cease for the time; and we tell you that by reason of the war between the King and the French, the merchants &c. have been hindered from coming there; judgment whether for that time we shall, in opposition to the charter, be charged.—Parning. 1i.e., the time after the first eight days from Easter-day. See note (7) p. 127. |