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cestor, the

deed of the grand

father is a bar, and not the

deed of the

father, as appears below.

A.D. 1340. and we do not understand that we have any need to answer to any deed precedent executed before his death. -Blaik. To begin with, is this the deed of your ancestor, or not, &c. ?-W. Thorpe. We have no more need to answer to this deed (since our action accrued after the death of him whom you suppose to have made the deed) than if you had produced a deed of the person on whose seisin we claim.-SCHARDELOWE. Yes, you have, for in a Mort d'Ancestor I bar you by the deed of your grandfather, and I shall put you to answer to the deed, and yet I shall not put you to answer to the deed of your father.-W. Thorpe. But if I say that my grandfather died during the life of my father, and that after his death my father was seised and died seised, then it is a parallel case, and it seems that I have no need to answer to any deed executed before the source of my action. WILLOUGHBY. To the deed of the ancestor himself [on whose seisin you claim] you have no need to answer because your action is given you on the seisin that he had at the time of his death, but to the deed of [another] ancestor, who is a cousin, you must answer. And this the whole COURT said. Wherefore W. Thorpe denied the deed, &c.

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Cosinage. § Cosinage, where the feoffment of another ancestor with warranty was pleaded in bar.-Derworthy. Our ancestor died seised after the death of him on whose feoffment you claim. - Thorpe. Is this the deed of your ancestor, or not? - Derworthy. I have no need to answer, since by my plea I prove that my action is taken from a later time; for the deed of the same ancestor on whose death I bring my writ does not lie in bar, because the action is taken from a later time, nor consequently does the deed here.— SCHARDELOWE. The case is not similar; for the deed of another

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piere, ut patet in

qe a nul fait precedent, avant sa mort, a nous mester A.D. 1340. a respondre. Blaik. Au comencement, est ceo le fait fet de vostre auncestre ou ne mye, &c. ?-W. Thorpe. Nous navoms nyent plus mester a respoundre a cest fait, del ferius. hure qe nostre accion acrust apres la morte cely qe vous supposez qe fist le fait,1 qe si vous ussez mys avant fait de mesme celuy de qui seisine nous demandoms.2— SCHAR. Si, vous avez, qar en un mortdancestre jeo vous barre par le fait vostre aiel, et vous metteray a respoundre al fait, et si ne ferrai1 jeo mye al fait vostre pere.-W. Thorpe. Mes si jeo die qe moun aiel morust en la vie moun pere et apres sa morte moun pere fut seisi et morust seisi, donqes est il mesme le cas, et il semble qe jeo nay mester a respoundre a nul fait devant la sourse de maccion.WILUBY. Al fait del auncestre mesme 6 vous naverez mester a respoundre pur ceo qe de la seisine quel il avoit als temps de sa morte vostre accion vous est done, mais al fait dauncestre cosyn vous deverez respoundre.-Et hoc dixit 10 tota CURIA.--Par quei W. Thorpe dedit le fait, &c.

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5

6.]

§ Cosinage ou feffement dautre auncestre ove garrantie fust Cosinage. plede en barre.-Derworth. Nostre auncestre morust seisi apres [Fitz. la mort celui de qi feffement vous clamez. - Thorpe. Est ceo Cosinage le fet vostre auncestre, ou noun ?-Derworth. Jeo nay mestre a respondre, del houre qe par moun plee je prove qe maccion est pris de puisne temps; qar le fet mesme launcestre de qi mort jeo porte mon bref ne chiet pas en barre, pur ce qe laccion est pris de puisne temps, nec per consequens hic.-SCHARD. Non est simile; qar le fet dautre auncestre chiet en

125184, le fist, instead of fist le fait.

2 L., ussoms cest accion, instead

of demandoms.

3 25184, de.

4 L., fra.

5 25184, surser.

6 L., de mesme launcestre, instead

of del auncestre mesme.

7 L., ad.

8 25148, a un, instead of al.

9 25184, vostre auncestre cos-
tayn, instead of dauncestre cosyn.
10 25184, nota de, instead of dixit.
11 This report of the case is from
T. alone.

A.D. 1340. ancestor lies in bar, but the deed of the same ancestor does not. --And by WILLOUGHBY and all the COURT he was put to answer to the deed.--Derworthy. Not his deel; ready, &c. -- And the other side said the contrary.

Debt.

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(56.) § Thomas de Braynford, of London, Fishmonger,
brought a writ of Debt against Margaret Countess of
Kent, and in proof of the debt produced an obligation:-
Margaret &c." And the date was the fourth day of
February in the eighth year of the reign; and he
counted that she bound herself on a Saturday. — W
Thorpe. In that year the fourth day of February of
which he has counted was on a Sunday; judgment
of the count. Besides, there is the word "Piscario"
in the writ, and the word "Piscenario" in the obliga-
tion, and so there is a variance in his own suit. More-
over the words of the deed are
66 me Comitissa esse obli-
gatum," and so the deed is false [in its Latin] and sus-
picious. And note that W. Thorpe always repeated
"Saving to me my first exception "-and otherwise he
would have lost when he pleaded to the deed.—Kels-
hulle. I have looked to the Calendar, and it agrees
with my count. And, as to the variance, the officers of
the Chancery would not grant any other writ. And as
to the deed, it is good enough as against her, since it
can be gathered from words in the deed that she was
minded to bind herself, for as to there being false Latin

66

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The words in the plea in the record are "primus dies Februarii anno supradicto fuit super diem "Jovis, ita quod quartus dies "Februarii anno prædicto fuit die "Dominica." Neither the record, however, nor the reports seem to be correct, for February in the eighth year of the reign was February, 1333-4, in which year the first of the month appears to have been on a Tuesday, and the fourth on a Friday; and the month of April in the ninth or tenth year men

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barre, et si ne fait pas de mesme launcestre.-Et par WILBY A.D. 1340. et toute la COURT il fust mys de respondre al fet.-Derworth. Nient sont fet; prest &c.-Et alii e contra.

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(56.) Thomas de Braynford de Loundres, pessoner,2 Dette. porta un bref de dette devers Margerie Countasse de Kent, et en prove de la duyte mist avant obligacion, Margerie &c. Et la date fut quarto die Februarii anno octavo; et il conta qele se obligea par un Samady.-W. Thorpe. Cel an quartus dies Februarii1 de quele il ad counte fut par un Dimanche ; 5 jugement de counte. Ovesqe ceo, le bref veot Piscario et lobligacion veot Piscenario, issint il y ad variaunce en sa suyte demene. Ovesqe ceo, le fait veot me Comitissa esse obligatum, issint le fait faux et suspeconnous. Et nota W. Thorpe touz jours dit Salve a luy sa primere excepcion, et altrement il ust perdu quant qil pleda al fait.-Kels. Jeo vy le Kalende9 et il 10 acorde a moun counte. Et quant a la variaunce ceux de la Chauncellerie ne voleynt granter altre bref. Et quant al fait cest assez bon devers luy, quant homme purra atrere par paroul en le fait qele fut en volunte de soi obliger, qar de ceo qil y ad faux Latyn il nest

From L. and 25184, as far as the point at which the larger type ends, but corrected by the record Placita de Banco, Easter, 14 Edward III., Ro. 290.

2 L., Adam Passhoner de Loundres; 25184, Adam Passoner de Loundres, instead of the name and addition printed above. The record begins "Margareta Comitissa Kan"ciæ summonita fuit ad responden"dum Thomæ de Braynford de "Londoniis, Fisshemonger."

3 For the words in Latin, which are from the roll, there are substituted in L., iiij. Idus Aprilis anno

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A.D. 1340. that is of no importance. And, since you give no answer, judgment &c.-And they were adjourned.

Debt.

Quare impedit.

§ J., Fisshmonger of London, brought a writ of Debt against M., Countess of Kent; and the writ was in the words quod reddat J. Pessenare; and the obligation was to J. Fisshemonger; excep tion was taken. And also the obligation was dated the 4th day of April; and he counted that she bound herself on a Thursday, whereas the 4th day of April was on a Saturday, as was said. Moreover, the obligation was in the words "Pateat &c. me Comi"tissa esse obligatum in l. libris," which is false Latin. And exception was taken to all this.

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(57.) § The King brought a Quare impedit against the Bishop of Coventry and Lichfield in respect of a prebend, by reason of the temporalities of the Bishopric having been in the hands of his father. Thorpe. The King has granted in this Parliament that he will not henceforth be answered as to a Quare impedit, where he claims in right of another, if he do not present within three years after the vacancy, and also if the benefice &c. have been full a year before the Statute;1 and we do not understand that the King will be answered, since he takes his title so high up.-Stouford. The Bishop, against whom the King has counted, says nothing; judgment.-Thorpe. We tell you that the prebend has been full, years and days before the making of the Statute, and is full, in the person of one A.; judgment whether, in opposition to the Statute, the King will be answered as to this writ. -Stouford. You see clearly how, of common right, time does not run against the King, unless it be by Statute, and this Statute cannot preclude the King from a presentation made before the Statute unless by express words making mention thereof; and since the King

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