A.D. 1340. year,1 where Robert Ros brought a writ of Account against John.-Quare. Account. (22.) Account, where the defendant alleged as follows: -the plaintiff bound himself by this Indenture, and granted that if he should not be distrained in certain tenements which he had of our feoffment, by the chief lords of the tenements, or by others, for things due by reasonable cause, or for arrears fallen due before the feoffment, then this deed should be held as null; and we tell you that he has not been distrained, &c. And as to the other receipt, we are ready to account.-Rokell. Whereas he says that we were not distrained, we tell you that one A., who is chief lord, levied a distress on ten oxen for 71. arrears of rent fallen due in his time, and one B., for arrears of a rent charge fallen due before, also levied a distress on six oxen; thus we were distrained through his default.-Gayneford. We do not admit that he was distrained; but you see clearly that he does not say that he informed us that he was distrained, and prayed us to acquit him, &c.-This objection was not allowed by the COURT; for if those rents were in arrear, and he was distrained, the covenant was not kept.-Wherefore Gayneford said that nothing was in arrear at the time of the feoffment, &c.-Rokell. Answer whether we were distrained for that cause.-ADLEBURGH. He ought not to do so, for if nothing was in arrear, the distraint on you was a tort committed against you, for which you have an action, and one which does not lie against him.-Wherefore the averment was taken as to whether the rent was in arrear or not.-And note that the issue referred to the arrears of both rents, whereas it seems that one point 1 There is a confusion of names, but the case to which reference is made appears to be Y. B., T. 4, E. III. No. 10. noun ne de surnoun.-Trinitatis iiijto ou Robert Ros A.D. 1340. porta bref dacompt vers Johan.—Quære. (22.) § Acompt, ou le defendant allegga qe le pleintif Acounte. savoit oblige par ceste endenture, et granta qe sil ne fust pas destreint en certeinz tenementz, qeux il ad de nostre feffement, par chiefes seignurs des tenementz, ou par autres, pur choses dues par resonable cause, ou pur arrerage encoruz avant le feffement qe cest escript serreit tenu pur nul; et vous dioms qil nad pas este destreint &c. Et quant a lautre resceite prest sumes dacompter.-Rokel. La ou il dit qe nous fumes pas destreint, nous vous dioms qun A., qest chief seignur, pur vij. li. fist destresse de x. boefs pur arrerage de rente encoru en son temps, et un B. pur arrerage dun rente charge encoru devant auxi fist un destresse de vj. boefs; issi fumes destreint par sa defaute.-Gayn. Nous ne conisoms pas qil fust destreint; mes veez bien qil ne dit pas qil nous fist a saver qil fust destreint et nous pria qe nous lui acquitames &c.— Non allocatur per CURIAM, qar si cele chose fust arere, et il fust destreint, le covenant ne fust pas tenu. Par quei Gayn. dist qil ny avoit rien arere a temps del feffement &c.-Rokel. Responez si nous fumes destreint par cele cause.-ALD. Ceo ne deit il pas faire, qar si rien fust arere qe vous fussez destreint cest un tort fet a vous, de quel vous avez accion et qe ne se lie pas vers lui.-Par quei laverement fust pris la quele la rente fust arere ou noun.-Et nota qe lissu refferi a les arrerages arere de lun rente et lautre, la Vous From T. alone as far as the point at which the larger type ends. There is a very similar case recorded among the Placita de Banco, Easter, 14 Edward III., Ro. 61, according to which, Elizabeth, widow of Roger de Kirkeby, was plaintiff, and Robert de Chymbeham was defendant. Most of the main ment. A.D. 1340. would make an issue, for the whole account shall wait until that issue be tried.-And note in this plea that the plaintiff was named J., son of W. de B., in the specialties, and in the writ he was named only J. de B.; and because the defendant had had view of the deeds, and imparled, and besides did not deny that the plaintiff was the same person, notwithstanding the variance, the writ was adjudged good. In Ac shall not parcels Upon a writ of Account the plaintiff produced two deeds to count, one prove the receipts.-R. Thorpe, as to one deed, admitted the receipt, and said that he was ready to account, and, as to the account by other, he said that the plaintiff had enfeoffed him of one acre where part of land in C. and granted by a deed (which he produced) that if, is admitted through the plaintiff's default, he should be disturbed or disand part trained in that land, the deed of receipt should be null; and he denied, as said that this acre was held of one W. by certain services; and appears below. he said that for services in arrear at the time of the feoffment he was distrained, as well as for arrears of a rent charge fallen due before the feoffment; judgment &c.--Pole. At the time of the feoffment nothing was due; ready &c.-R. Thorpe. Then you do not deny that we were distrained through your default; judgment &c.-SCHARDELOWE. That cannot be understood if what he has said be true; wherefore, is it so? And the issue was received. And note that he shall not account for the rest, of which he has admitted the receipt, until this last issue be tried, for one shall not account by parcels, &c. Avowry. (23.) §Avowry, for that the plaintiff held of the defendant 29 acres of land by homage, fealty, and 3s. by the year &c., of which services his ancestor1 was seised by the hand of the plaintiff, and he himself was seised of the fealty of the plaintiff, and, because the homage and the rent for one year were in arrear, he avowed for the rent.-Thorpe. We tell you that we hold of the defen 1 See note (5) on the opposite page. ou il semble qe lun point freit issu, qar tout lacompt A.D. 1340. attendra tanqe cel issu soit trie.-Et nota qen ceo plee, qe le pleintif fust nome J. fitz W. de B. en les especialtes, et en le bref forsqe J. de B; et pur ceo qil avoit eu vewe de fetes et emparle, ovesqe ceo il ne dedit pas qil ne fust mesme la persone, non obstante variatione, le bref fust agarde bon. C. homme ne acomptera mye par sa parciles ou res- partie est conu et En un bref dacompte le pleintif myst avant ij faits de En prover la resceyte.-R. Thorpe, quant a lun fait, conust la Acompte resceyte, et dit qil fut prest dacompter, et, quant a lautre, il dit qe le pleintif luy avoit enfeffe dune acre de terre en et granta par un fait, quel il mist avant, qe sil fut par defaute enpesche ou destreint en cele terre qe le fait de ceyte serreit nul; et dit qe cele acre fut tenu dun W. par partie certeins serviz; et dit qe pur arrerages areres al temps du dedit, ut feffement il fut destreint, auxint pur arrerages dune rente patet charge encoruz avant le feffement; jugement, &c. - Pole. A inferius. temps de feffement rien fut due; prest &c. R. Thorpe. Donqes vous ne deditez mye qe nous fumes distreint par vostre defaute; jugement, &c. - SCHARD. Ceo ne put estre entendu sil soit verite ceo 3 qil ad dit; par quei est il issint ? Et lissue fut resceu. - Et nota qil ne acomptera pas du remenant qil ad conu tanqe ceste issue darreyne soit trie, qar homme nacomptera mye par parceles &c. (23.) Avowere, pur ceo qe le pleintif tient de lui Avowri. xxix. acres de terre par homage, feaute, et iijs. par an &c., des quex services il fust seisi par la mayn son auncestre, et il mesme seisi de la feaute le pleintif, et, pur ceo qe lomage et la rente dun an furent arrere, pur la rente il avowa.-Thorpe. Nous vous dioms qe 1 This report of the case is from L. and 25184. The words en un bref are not in 25184. 2 25184, Al, instead of A temps de. 3 L., de ceo. 4 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 III., Ro. 27. It there appears A.D. 1340. In an dant 84 acres of land by fealty and the services of 178. by the year, whereof 16 acres are holden in service and the residue in demesne, as an entire tenancy; and we tell you that the place where the taking &c. is parcel &c., without this that he or any of his ancestors ever were seised of that service of which he speaks; judgment whether he ought to be received to this avowry.-Pole. We will maintain this, namely, that it is one tenancy and a gross by itself.-Thorpe. The place where the taking &c. is parcel of the 84 acres which are one entire tenancy, and not as you have avowed; ready &c.-And the other side said the contrary.--Quære, if I avow for the reason that he holds a carucate of land by the service of 108., whether the plaintiff shall be admitted to say that he holds of me two carucates of land whereof the place &c., by such service as that by which I have supposed the one carucate to be holden of me. William Thorpe avowed the taking against the plaintiff for the reason that the plaintiff held of him 16 acres of land (whereof the place &c.) by homage, fealty, and the services of 3s. per annum, to be paid at two terms in the year &c. of which services the the reason that the avowant was seised through the plaintiff's own hand, and for plaintiff the rent in arrear he avowed &c.-Stouford. We hold of you 40 held of acres of land by homage, and fealty, and the services of 16s. per him a annum to be paid at three terms in the year (and he mentioned quantity of land less terms other than those which the avowant had mentioned) and than that we hold 12 acres out of these 40 acres of you in service and all the which the rest in demesne, as one entire tenancy, and the place were the plaintiff did hold, taking was effected is parcel of these 40 acres; thus you have to wit, ten parcelled out this tenancy, which is a gross in itself; judgment of the avowry. And as to the seisin, never seised as you suppose by your avowry, &c.—And note that it was absolutely necessary acres, whereas the plain- |