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 Statute 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

jugement en lassise furent solement chargez de da- A.D. 1340. magez les disseisours, et ceo de comune lay; par quei vous ne poez avoir execucion vers Esmond com vers heire de terre tenant, la ou soun auncestre ne fuit point charge par jugement; mes si vous ussez qe les Justices queux pristrent lassise usent enquis si les disseisours fuissent sufficiantz, et donqes, sil ne ussent eu rienz, daver enquis de terre tenant avoir mis chescun tenant a sa porcion de damages, donqes purreit un jugement avoir este sur ceo rendu hors de quel vous ussez ussez ew execucion de vos damages, &c.— Stouf. Lestatut voit qen cas ou les disseisours nount rien qe les tenantz soint chargez. Et puis la fesaunce de cel estatut les tenantz sount chargez si avant com le disseisours par le jugement. Et le Vicounte de soun office fra execucion acordant a lestatut. Et si leve rienz des tenantz encontre la force del estatut, il ount lour recoverer vers luy. Et, mesque les Justices usent enquis com vous avez dit, uncore cherret tut lexecucion en office de Vicounte en cas qil trovera les disseisours suffisiauntz. Et, mesqil furent sufficiantz en mesme le Counte, il purreint avoir assez allours, de quei gentz de mesme le Counte ne purreint conustre.1

(61.) § Un femme suy un appelle devant le Roi de la Corons. mort soun baroun, et counta coment soun baroun fu naufre en la counte de Gloucestre, et pus mene en la Wircestre, et illoqes morust.-Defendantz plederent

....

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 being intended to be from Hilary, under which head the case appears in Harl. 741, to Easter Term 14 Edward III. Under the head of the latter term, however, there is only an abridgment of the above report. The

conclusion may best be supplied
from the King's Bench record
already mentioned, in which are
the words "Thomas non prose-
"quitur."

2 From Harl. 741 alone. This
report appears there as of Hilary
Term, but there is in the same MS.
an abridgment of the same case
under the head of Easter Term.

A.D. 1340, one, pleaded Not Guilty, &c., and had 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.

(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, he 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.-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 original.

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 areinez 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, sub 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 non obstante, fu agarde qil

alast quit, &c.

1

Prohibi

(62.) § Johan Abel de Loundres suy attachement Attachesour Prohibucion vers Adam Mury mouthe, Officer des ment sour Arches de Caunterbure, qe come le dit J. en ascun cion vers temps par proces suy devers luy devant le dit Officer pur lettre qil estoit escomenge, et puis il avoit fete gree a la de Abso lusifon]. partie et a Seint Eglise, et sovent avoit prie al dit Officer 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 espiritel 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 unqore 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,

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.-Thorpe. 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.'

Receipt upon default of

the words of the writ.

(63.) § According to a writ of Entry de quibus the tenant disseised the demandant's ancestor.-The tenant the tenant, made default.-One A., and B., his wife, came and said contrary to that the tenant held for term of life by lease from the wife, who held when sole, and prayed to be received, and were received, &c., notwithstanding that the prayer was contrary to the writ.-Quare, 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.Quare 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 Archbishop of Canterbury appears on the record, and is in agreement with the

statements made on behalf of Murymouthe.