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A.D. 1340. first point, a record falls sufficiently within the cognisance of the jurors, for if I plead against you in bar of assise that I previously recovered the same tenements against you by assise, &c, and you say that they are not the same tenements, that can be tried by assise, and that lies within their cognisance.—Parning. The words of a writ of Assise are "complained, &c. that wrongfully "and without judgment," so the writ supposes that the Assise can be cognisant of the judgment. And as to your assertion that the record does not aid us, the Assise has served our purpose; judgment, &c.—Scharshulle. This record is of your own suit, • and by such a record you could not in person have pleaded in bar, and even if you had not produced the record we should not have given judgment until we had seen the record; and I cannot see how a record relating to tenements in one vill can make good an entry into tenements in another vill; and your record proves D. and W. to be different vills by that word jwnsta, &c. Wherefore the Court adjudges that the plaintiff do recover, &c, according to the view &c, and his damages taxed &c. and that you be in mercy.
Detinue of (12). § Note that upon a writ of Detinue of chattels, chattels. ^ s]ieep, £he defendants said that they did not
detain.—Basset charged the Inquest &c. And (said he) in case you find the detinue, tell us the value and the damages.—The detinue was found, and the value of each sheep was 18cZ.—Wherefore it was adjudged that the plaintiff should recover the sheep, value so much, and his damages taxed by the Inquest at 20s.
Detinue of Upon a writ of Detinue of chattels it was found by verdict that chattels, the defendant had detained one hundred sheep, as the plaintiff had counted, of the value of 100 «., to the damage &c.—Oayneford said that some of the sheep had died while the writ was pending. —Basset gave judgment for the plaintiff that he should recover the sheep, as of the value of 100 s., and his damages taxed by the Inquest, &c.
al primer poinct, recorde chiet en conisance assetz bien, qar A.D. 1840.
si jeo plede devers vous en barre dassise qe1 altrefoith jeo
recovery devers vous mesmes les tenementz par assise, &c., et
vous dilez qe ceux ne sount pas mesmes2 lez tenementz, ceo
put estre trie par assise et ceo chiet en lour conisance.—Parn.
Bref dassise veot questus Sfc. quod injuste et sine judicio3 fyc.,
issint suppose le bref qe lassise put aver conisance de juge
ment. Et quant a ceo qe vous parletz qe le recorde nous eyde
mye, lassise nous ad servi; jugement &c.—Schar. Cel recorde
est vostre suyte demene, et par tiele recorde vous ne poetz4
my mesme aver plede en barre, et mesqe vous nussez mie
mys avant le record nous nussoms pas rendu jugement avaunt
ceo qe nous ussoms vew le record; et jeo ne say veer qun
record dez tenementz en une ville put affermer un entrer en
tenementz en altre ville; et vostre record prove D. et W. estre
diverses villes par cele paroule junta &c. Par quei agarde la
Couet qe le pleintif recovere &c. par vewe &c, et cez6
damages taxes &c., et vous &c.7
(12.)8 § Nota qen un detenue de chateux, saver xl . ^teeTM de9 owailes, les defendants disoient qil ne detindrent pas. —Bass. Chargea lenquest &c. Et en cas qe vous [Fitz. trovez la detenue, dites nous le pris et les damages. ^9^"i, — Trove fust la detenue, et le pris de chescun xviii d. Par quei fust agarde qil recoverast les owailes, pris de tant, et ses damages taxez par enquest de
En un bref de detenue10 de chateux trove fut par verdit qe le Detenu de defendant avoit detenu c. berbiz, sicome il avoit counte, pris chateux." de c «., as damages, &c.— Gayn. dit qe acuns 11 des berbiz furent mortz pendaunt le bref.— Basset agarda pur le pleintif quil recoverast lez berbiz pris de c. «., et ses damages taxes par enqueste, &c.
1 L., coment.
3 L., mye, instead of pas mesmes.
* The words et sine judicio are not in 25184.
* L., pourrez.
5 25184, de mesmes les, instead of en.
6 cez is not in 25184.
- The words et vous &c. are not in L.
s From T. alone as far as the point at which the larger type ends.
6 This report of the case is from L., and 25184. In 25184 the word Dette is substituted in the margin for Detenu de chateux.
10 L., tenue; 25184, dette.
11 L., ascunez, instead of dit qe acuns.
A.D. 1840. (13.) § Note that Warynde Bassyngbourne brought a Wardship Writ of Wardship of the body, and the defendant pleaded body. priority, upon which they were at issue.— Thorpe.
Waryn is himself the Sheriff, and we pray a writ to the Coroners.—And this he prayed for the plaintiff.—HilLary. When the Court is informed that the fact is as stated you shall have it, but not before; and this must be upon exception taken by a party; and thus it was in the Wardship. Qimre impedit which the Earl of Devonshire brought that when against A. de Lucy.1—And afterwards, because a writ a writ is came from the Chancery which recorded that the plaintiff anTthe' himself was Sheriff, and by which the Justices were Sheriff directed to send to the Coroners, it was ordered by the the party' Court that a writ should be sent to the Coroners. And that is so it was.
a'writ'o^6 ^n & WTit °^ Wardship issue was taken upon priority of feoff
rected to" menta8 between Waryn de B., and another; and it was Waryn
the Coro- who brought the writ.—KelshuUe. Waryn is Sheriff, therefore we
ners (as pray a writ to the Coroners.—And the Court would not grant it
th\s unt^ p01nt was raised by exception of the party, as above
if he *n Michaelmas Term, 12 Edward III., in a Quare impedit. On
wishes, if the morrow KelshuUe put forward a writ to the Justices which
need there set forth the whole case, and commanded them to do right to the
he* party, &c, according to the law and custom of the realm.— Stonore. Sue a writ to the Coroners, &c.2
Debt. (14.) § Note. Upon a writ of Debt brought by execu
tors, the defendant produced an acquittance of the testator. The executors denied it. Process was continued until they had a day by Nisi prius, when the defendant made default. Wherefore the default was recorded, and the Inquest was without day. And afterwards in the Bench it was adjudged (because the obligation was admitted, and the defendant did not pursue the
1 The case to which' reference is made seems to be No. 17 of Michaelmas Term, 12 Edward III. The point here raised does not appear in the reports of that case now known to exist; but, as was ex
plained in the Introduction to the Volume of Year-Books in which it is printed, the MSS. relating to that Term are very imperfect.
5 There is au imperfect abridgment of this case in Harl. 741.
(13.)1 § Nota qe Waryn de Bassynbourne porta bref A.D. 1340. de garde de corps, et le defendant pleda priorite, sur Garde de quai ils fuient a issu.—Thorpe. Waryn est Vicounte |-Fitz mcsm'e, et prioms bref a Coroners.—Et ceo pria il pur Proses, le pleintif.—Hilt,. Qant Court serra apris qe issi est, 46'-' donqes vous laverez, mes devant nient; et ceo covient estre par chalange de partie; et issi fust en le Quare impedit qe le Count de Devensire porta vers A. de Lucy.— Et puis, pur ceo qe bref vient de la quant bref Chauncellerie qe lecorda nil mesme fust Vicounte, et(;stporte
» 1 'devers un
qil mandassent as Coroners, fust mande par Court de Vicoume, mander a les Coroners. Et ita fuit. counteest En2 un bref de garde issue fut pris sour priorite de foffe- Partye>lrt meut entre Waryn de B. et un altre; et W.3 porta le bref.— pfeiutife Kels. W.4 est Vicounte, par quei nous prioms bref a Coroners, avera bref —Et La Codet ne voleit pas granter tanqe ceo venist5 par directe a chalange de partie, ut supra Michaelis xij. Quare impedit.— ngpP"TM" Lendemeyn Kels. getta un bref a les Justices qe comprint pate't jn tot le cas et lour comanda de faire dreit a la partie, Ac., istopla. secundum, legem et consuetudinem regni—Ston. Siwez B bref as c,to. s,1
Coroners, &c. voet; si
(14.)7 § Nota. En bref de dette porte par executours ^ltle defendant mist avant acquitance le testatour. Les rF;tz executours le dedisoint. Proces continue tanqil avoint Condempjour par Nisi prius, ou le defendant fist defaute. Par "s"0"' quai la defaute fust recorde, et lenquest sanz jour.— Et puis en Bank fust agarde, pur ceo qe lobligacion fust conu, et lacquitance qe le defendant myst avant
1 From T. alone as far as the point at which the larger type ends, but corrected by the record Placita de Banco, Easter 14 Ed~ ward HI., R°. 101, where it appears that the action was brought by "Warinus de Bassyngbourne" against " Thomas de Scalariis" in respect of the wardship of the body of Alan, son and heir of Alan de Berie, of Abingdon. BassyngU S0018.
bourne was Sheriff of the county
5 This report of the case is from
3 L., W. qe, instead of et W.
4 L., il.
s L., vensist.
6 L., siwet.
? From T. alone as far ns the point at which the larger type ends.
A.D. 1340. acquittance which he produced, so as to prove it good when it was denied, for which reason the Court held it to be bad) that the plaintiff should recover his damages taxed by the Court.
Debt. Executors brought a writ of Debt.—The defendant produced
an acquittance. And at Nisi prius, before Basset, he did not come. Wherefore his default was entered.—And now on this day, in the Bench, Basset adjudged that they should recover the debt and their damages taxed by the Court.—Contra in Michaelmas Term 9 Edward ILL1
Account. (15.) § Account against a receiver.—Thorpe shewed how he accounted before certain auditors assigned by the plaintiff, so that the plaintiff himself had the tallies and rolls by which he rendered the account; judgment whether he ought to account again for the same matter.
On an Entry svr disseisin the tenant vouched an infant within age, who entered into warranty. And the demandant brought another original writ, instead of a re-sammons, upon which the tenant vouched the same person as before. And the demandant would have counter
(16.) § A writ of Entry sur disseisin was brought against one C.— W. Thorpe. Judgment of the writ, for heretofore, to wit, such a day and year, you yourselves brought a like writ against us, upon which writ we vouched to warranty J., the son of R de Morley, who was under age, and we prayed &c, and we had the voucher, and the parol demurred, &c. And we say that he is still under age, so this writ is purchased while the other is pending; judgment.—Schardelowe. Though it were as you say, he might elect to have a re-summons or a new original; and you are not put to any mischief, for, if you say what is true, your answer will be saved to you; wherefore, &c.— W. Thorpe. If the parol had demurred through the removal of the Bench, or through the demise of the King, so that there had been no certainty given as to the time it had to wait, that which you say would, perhaps, bind us; but here there is certainty in respect of the time limited, until which time the parol was to demur; wherefore, &c.— Schardelowe. Plead something else. — W. Thorpe
1 The reference appears to be to the third case Y.B., M. 9 E. 3,
printed p. 27, but the word contra is inapplicable.