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A.D. 1340. ment in the assise the disseisors alone were charged with the damages,1 and that by common law; wherefore you cannot have execution against Edmund as against the heir of ter-tenant, inasmuch as his ancestor was not charged by judgment; but if you had it that the Justices who took the assise had enquired whether the disseisors were sufficient, and then, if the disseisors had nothing, had enquired as to the ter-tenants so as to have put each tenant to his portion of the damages, then a judgment might have been given thereupon, out of which you might have had execution of your damages, &c.—Stouford. The Statute2 is to the effect that, in case the disseisors have nothing, the tenants shall be charged. And since the making of that Statute the tenants are by the judgment charged as well as the disseisors. And the Sheriff shall, by virtue of his office, do execution according to the Statute. And, if he levy anything of the tenants contrary to the force of the Statute, they have their recovery against him. And, even though the Justices had enquired as you have said, still the whole execution would fall under the office of the Sheriff, should he find the disseisors sufficient. And, even though they might [not] be sufficient in the same county, they might have assets elsewhere, whereof the people of the same county could not know.
Crown. (61.) § A woman sued an appeal, in the King's Bench, in respect of the death of her husband, and counted that her husband was wounded in the county of Gloucester, and that he was afterwards taken into the county of Worcester and there died.—All the defendants, except
1 This agrees with the express 1 6 Ed. I. (Stat. Glouc), c 1. words of the record.
jugement en lassise furent solement chargez de da- A.d. 1340.
(61.)2 § Un femme suy un appelle devant le Roi de la Corons,
1 There are added in the MS. the words Residuum supra Pascha .... The word supra seems to have been written by mistake for infra, the reference biing intended to be from Hilary, under which head the case appears in Harl. 741, to Easter Term 14 Edsrard HI. Under the head of the latter term, however, there is only an abridgment of the above report. The
conclusion may best be supplied
2 From Harl. 741 alone. This
A.D. 1340, one, pleaded Not Guilty, &c., and bad a day over, &c.— And then she was nonsuited. — Therefore the defendants were arraigned at the suit of the King.—And Willoughby took the Inquest from both counties.—And the defendants were acquitted, except one of them who alleged that he had already been acquitted at the suit of the King, and produced the record, sub pede sigilli, of his deliverance before Justices assigned; and thereupon the record was viewed, and the purport of it was that he had been delivered by an Inquest from one county only. Notwithstanding this, it was adjudged that he should go quit.
Attachment on Prohibition
against . ... for Letter of Absolu. tion.
(62.) § John Abel, of London, sued Attachment on Prohibition against Adam Murymouthe, Official of the Court of Arches of Canterbury, for that whereas the said John had been previously excommunicated by process sued against him before the said Official, and had afterwards made satisfaction to the party and to Holy Church, and had many times prayed to the said Official to have Letters of Absolution, the Official would not grant it, whereby, in default of Letters of Absolution, ho had been wrongfully put to delay in respect of the matters which he sued in the King's Court, &c.—Thorpe. You see clearly how he takes this suit against us as against a Spiritual Judge in respect of a cause which touches spiritual matters, and in no other respect, whereas we do not understand that you will take cognisance of errors and defaults made by spiritual judgments.1—Thorpe. It is very true that he was subjected to sentence for the cause whereof he has counted, and for several others; and we tell you that he still remains under sentence before us for divers causes; and by law of Holy Church no one shall have Letter of Absolution, even though he be absolved as to a particular sentence,
There seems to be here some omission in the French of the
toux, estre un, de rien coupable, &c. et avoient jour A.D. 1340. oustre, &c.—Et donqes ele fu nounsuy.—Par quei les defendantz furent arcinez a la sute le Roi.—Et Wilby prist lenqueste del un Counte et de lautre. Et il furent aquites, et un deux allegga quil fut aquite a la sute le Roi, et mist avant le record, sid) pede sigilli, de la deliveraunce devant Justices assignez, ou le record fut vewe qe voloit qil fu deliverez par un enqueste del hun Counte solement. Hoc turn obstante, fu agarde qil alast quit, &c.
(62.)1 § Johan Abel de Loundres suy attachement Attachesour Prohibucion vers Adam Murymouthe, Officer des pTMhiD°.ur Arches de Caunterbure,2 qe come le dit J. en ascun cion vers temps par proces suy devers luy devant le dit Officer pjr'ic'tt're qil estoit escomenge, et puis il avoit fete gree a ladeAbso* partie et a Seint Eglise, et sovent avoit prie al dit Officer lusi^on^ davoir lettres de absolucion, il se grauntere ne volleit, par quei, pur defaute de lettres de absolucion, il ad este mys en delay des busoignes qil suyst en la Court le Roi atort, &c. — Thorpe. Vous veies bien coment il prent cest sute vers nous come vers jugge espiiitel de cause qe touche espiritualte, ou de errours et defautez fetes par jugements espiritels nentendoms pas qe vous vollietz conustre, et non allours. — Thorpe. Bien est verite qil fuist mis en centence par la cause qil ad counte, et par plusours autres; et vous dioms qil demurt unqorc en centence devant nous par diverses causes; et par ley de Seint Eglise homme navera pas lettre de absolucion, tout soit il assouz dune centenz,
1 This and the subsequent cases now printed as of Easter Term 14 Edward III. arc from Harl. 741, were they appear as of that Term. The MS., however, is very inexact with regard to dates. This case has been compared with the record
1'lacila coram Rege, Hilary 14 Ed-
2 In the record Murymouth h
A.D. 1340. until he be absolved as to all the sentences pronounced against him; wherefore we do not understand that you can assign any wrong in our person.—Redenesse. He has made satisfaction to God and Holy Church, and is absolved in respect of all sentences passed against him before you; ready to verify.—Thorpe. We are opposed to each other upon a matter which lies in the record of a spiritual judgment, which matter cannot be tried by lay persons; wherefore it is necessary in this case to send to the Spiritual Judges to certify you.— Willoughby. We neither have sent, nor ought we to send to certify us with regard to your wrong or your act, for if Bishop be impleaded and allege excommunication by his own letters, the party shall not thereby be rebutted from his action.—Tliorpe. You can send to the Metropolitan.—Afterwards a writ was sent to the Court Christian to certify the Court whether the plaintiff had been absolved in respect of all the sentences.1
Receipt (63.) § According to a writ of Entry de quibus the upon de- tenant disseised the demandant's ancestor.—The tenant
the tenant, made default.—One A., and B., his wife, came and said
thfwdl0 that the tenant held for term of life by lease from the of the wife, who held when sole, and prayed to be received, wn and wore received, &c., notwithstanding that the prayer was contrary to the writ.—Quwre, if they plead, and the husband afterwards makes default, whether the wife will be again received to plead a new plea contrary to their first plea or not. Fine. (64.) § A man leased tenements to another and the
heirs of the other for the life of the lessor, who granted the reversion by fine. And the fine was received.— Quaere whether the lessor could, in this case, have availed himself of a writ of Waste if he had not granted the reversion.
1 The return of the Arehbishop of Canterbury appears on the record, and is in agreement with the
statements made on behalf of Murymouthe.