A.D. 1340. We will, if you see &c.-And afterwards the issue accepted was whether they held jointly as the writ supposed, or not. And note that, where a writ is brought against two persons in common, if one of them hold parcel in severalty the writ is abated. Note that when one has two She (12.) § Note that a recognisance on Statute Merchant was made to a woman by three persons. sued a Certification &c., so that one of them was taken, and the Sheriff returned that the others could not be found. He who was in prison sued by bringing the matter into the Chancery, making a suggestion that the woman had executed a release to him; wherefore he had a writ to the Justices "that the parties being "called &c." And a writ issued to the Sheriff out of Chancery "if he be detained for that reason and no other," that the Sheriff should have his body on a certain day before the Justices. And a writ issued also to warn the woman and to cause the others to come. To these writs the Sheriff returned that he could not have the body &c., for a certain reason; and as to the woman and the others nothing was answered; but the woman came and proffered herself, and took a day over by the roll, at which day the prisoner came in custody of the Sheriff, and the others were mainprised. And the prisoner produced a general acquittance of all actions and also another special acquittance; and he was obliged to hold to one in certain, &c.; and he held to the general acquittance, which was denied; and he found mainprise to await the Inquest, and also for the sum comprised in the Statue Merchant in case the Inquest should pass against him. § John Mynkam was imprisoned, at the suit of a woman, upon a Statute Merchant, and sued a writ in the Chanacquit. cery to replevy him, because he had made satisfaction to tances, one relating to the woman and had acquittance. And the writ was particular granted to him, and the woman was caused to come parcels, cela?-Thorpe. Si voloms, si vous veez, &c.-Et puis A.D. 1340. lissu fust resceu le quel il tenent jointement come le bref suppose, ou noun.-Et nota qe ou bref est porte vers deux en comune, qe si lun tient parcele en severalte le bref est abatu. 1 (12.) § Nota qun reconisance sur estatut marchant fust fait a une femme par iij. Ele suyst certificacion, &c., issi qun fust pris, et le Vicounte retourna qe les autres ne poaint estre trovez. Celui qe fust en prisoun suyst par mene en Chauncellerie, fesaunt suggestioun qe la femme avoit relesse a lui; par quei il avoit bref as Justices quod vocatis partibus, &c. Et bref issit a Vicounte hors de Chauncellerie quod si ea occasione detineatur et non alia issit qil ust son corps a certein jour devant Justices. Et bref issit auxi de garnir la femme et de faire venir les autres, a quel bref le Vicounte retourna qil ne poet aver le corps pur certeine enchesoun; et de la femme. et les autres rien fust respondu; mes la femme vient et se profri, et prist jour outre par rolle, a quel jour le prisone vient en garde de Vicounte, et les autres. furent par maynprise. Et il mist avant acquitance general de toutz accions et auxi autre acquitance especial; et fust chace de prendre en certein a un, &c.; et se tient al acquitance general, quel fust dedit; et il trova meynprise dattendre lenquest et auxi de la summe continue en lestatut en cas qe lenquest passa contre lui. 2 ou homme § Johan Mynkam fut enprisone al suyte une femme, Nota qe la hors dun statut marchaunt, et siwist bref en la ad ii. acChancellerie de luy replever pur ceo qil avoit fait quitances, gree a la femme et avoit acquitance. Et bref luy parceles, fut grante, et la femme fut fait venir en Comune et un altre 1 From T. alone until otherwise stated. 2 This report of the case is from L. and 25184. un qest de qe est 3 L., suyte. and the other general, he shall not have A.D. 1340. into the Common Bench to answer to the said J. why she sued against him, contrary to her own deed, and caused him to be imprisoned tortiously, and to his damage, &c. And he produced an acquittance relating advantage to each particular term, and a general acquittance of the whole.-W. Thorpe compelled him to hold to one.Ketshulle. We shall hold to the general acquittance.W. Thorpe denied it, and prayed that J. might find mainprise to await the Inquest.—And he did so. of both, but must hold to one ac quittance, &c. Execution. (13.) § Gayneford showed that Thomas, Vicar of the church of Godalming, had recovered damages upon a writ of Detinue of chattels against John Asse by verdict on the fourth day of the Octaves of Trinity, and that judgment was thereupon given, and prayed execution in the lands which the defendant had on the first day of the Octaves, inasmuch as the judgment must refer to the day that the parties had in Court.-SCHARDELOWE. It is by the judgment that the lands must be charged, and if the defendant had no lands on the day of the judgment, or afterwards, how can you have execution in other lands which were never charged?-Gayneford. All the Octaves are counted as one day, relating back to the first day; wherefore &c. § Note that a man recovered upon a writ of Debt, and the inquest had been previously taken at Nisi prius, and, on the third day after the jury process was returnable, the defendant aliened.-And Gayneford contended that the defendant had aliened his land which he had on the day when the inquest was returnable, in order to avoid execution, and prayed a writ to the Sheriff to deliver &c., and make execution in the lands which the defendant had on the day when the inquest was returnable, for the judgment ought to lun et Bank a respondre al dit J. pur quei ele siwist1 devers A.D. 1340. general, qe luy encontre son fait demene, et le fit enprisoner a il ne avera tort, et a ses damages, &c. Et il mist avant aquit- mye avantage de ance de chescun terme, et un general aquitance de tut.-W. Thorpe luy chacea de tener al un.—Kels. lautre, mes Nous teneroms al general aquitance.-W. Thorpe le lun acdedit, et pria qe J. trovera meynprise datteyndre len- quitance, queste.-Et sic fecit. il tendra a &c. execucion. (13.) § Geynefford fist un moustraunce coment Thomas . . . . de vicair del Eglise Godeling avoit recoveri damages en bref de detenue de chateux vers John Asse par verdit la quart jour de Utaves de la Trinite et jugement adonqes rendu, et pria execucion en les terres quex le defendant avoit le primer jour des Utaves, de si com le jugement deit referer a le jour qe les parties avoient en Court.-SCHRD. Par la jugement covient les terres estre chargez, et sil navoit nules terres jour du jugement, ne pus, coment poez aver execucion en autres terres, qe unqes ne furent chargez ?-Gayn. Tut le Utaves est compte un jour referant al primer jour; par quei, &c. § Nota3 qe homme recoveri en bref de dette, et lenquest avant mayn fust pris par nisi prius, et le terce jour apres qe lenqueste fust retournable il aliena.-Et Gayn. moustra coment il avoit aliene sa terre quel il avoit le jour qe lenquest fust retournable pur estourtre execucion, et pria bref a Vicounte qil liverast, &c. fait execucion et les terres qil avoit jour qe lenquest 1 L., suyete. 2 From Harl. 741 alone until otherwise stated. 3 This report is from T. alone. It may be another report of the case last above printed, though the A.D. 1340. relate back to that day. But he could not have it.Quære. Aiel. And note that if an Abbot or Prior of a Hospital be im a stranger, it is no plea for them to say that they are term of (14.) § A writ of Aiel was brought against the Master of the Hospital of St. Mark nigh Bristol.-And the demandant counted of the seisin of his grandfather in the time of King Edward, grandfather of the present King, and made the descent to his father and from his pleaded by father to himself, &c.-Derworthy. You have here the Master who tells you that he holds that which is in demand as parcel and as the right of the Hospital, which Hospital he holds for the term of his life by the tenants for collation of one J. de E., and we pray aid of him and of the Ordinary.-Pole. You yourself show that you ought life (the reversion not to have aid, for you say that you hold the land as being, in right of your Hospital, and you do not allege that &c.), and the reversion belongs to any one. Besides, we tell you that your Hospital is a Collegiate Church, where you are elected by your fellow brethren, and have a common seal like an Abbot or a Prior; wherefore you ought not to have aid.-Stouford. There cannot in law be underfor term of stood to be election except where there is a Convent, life, for and we tell you that we shall be presented by our patron to the Ordinary, and the Ordinary shall receive us upon and plead the patron's presentation; so we have our collation at in right of the hands of our patron; wherefore we pray aid. that they pray aid, for they have a different cstate from that of tenant they shall answer in chief, as |