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A.D. 1340. fendants came into the Chancery and had a writ to the Justices showing how the woman had released &c.; and by writ the Sheriff was commanded that the defendants should be held to sufficient mainprise, and that the woman should be warned to answer as to her deed. A Scire facias issued out of the Bench to warn the woman to show cause why she sued in opposition to her deed, returnable now, and no writ was returned; wherefore the woman came and prayed that the defendants and the mainpernors might be taken, because they had not pursued the writ—Hillary. It is perchance the default of the Sheriff; wherefore an Alias writ shall issue; and do you sue that the writ may be served.—And note that, if the writ had been served and the others had not pursued it, the woman would have had her prayer granted.
Novd Uii- (35-) § Assise of Novel Disseisin before Scharshulle seisin. in respect of two shops in Worcester.—The tenant pleaded in bar of the assise that the father of the tenant, whose heir he is, leased the tenements to the plaintiff to hold for life, at a certain rent, of him and his heirs, so that whenever the rent should be in arrear it should be lawful for him and his heirs to enter; and because the rent was in arrear for three years he entered; judgment whether assise Szc. — The plaintiff said that before his entry he made a distress for the rent of which he was seised on the day of his entry, and he prayed the assise.—The tenant said that he had taken no distress for the rent for the last of the three years; ready &c.—And the other side said the contrary.—Whereupon the assise was awarded, by which it was found that he had distrained for the rent for the last year.—And there was enquiry over concerning the damages only.—And it was adjudged that the plaintiff should recover seisin, and his damage?, and that the tenant should go to prison for the ouster admitted, which by the finding is a disseisin. — Quaere.
compernant coment la femme avoit relesse &c.; et par A.D. 134o.
bref fust comande al Vicounte qe par suffieeant mayn
prise les defendantz fuissent mys, et qe la femme fust
gamy de respondre a son fet. Scire facias issit hors
du Bank de garnir la femme par quei ele suyst con
tre son fet, retournable ore, et nul bref fust retourne;
par quei la femme vient et pria qe les defendantz et
les maynpernours fuissent pris, pur ceo qil navoient
pas suy le bref.—Hill. Cest par cas la defaute du
Vicounte; par quei sicut alias issera; et suez vous
qe le bref soit servy.—Et nota qe si le bref ust este
servy et les autres nussent pas suy, la femme ust eu
(35.)1 & Assise Tdel novele disseisine devant Sch. enAss!sa„.
pays de deux ships en Wygorne.—Le tenant pleda en geisine. barre dassise, pur coo qe le pere le tenant, qi heir il [14 Li.
est, lessa les tenementz al pleintif a tenir a sa vie, par certein rente, de lui et ses heirs, issi quele houre qe la rente fust arrere qe lirreit a lui et ses heirs dentrer; et pur ce qe la rente fust arrere par iij aunz, il entra; jugement si assise &c. — Le pleintif dist qe devant son entre il fist une destresse pur la rente de quel il fust seisi jour de son entre, et pria lassise.— Le tenant dist qil navoit pris nule destresse sur le darreyn de trois aunz; prest &c.—Et alii e contra.— Sur quei lassise fust agarde, par quele trove fust qil avoit destreint pur la rente del dreyner an.—Et outre fust enquis soulement de damages.—Et fust agarde qe le pleintif recoverast, et ses damages, et le tenant a la prisone pur louster conu, quele par eel qest trove est une disseisine.—Quaire.
1 From T. alone.
A.d. 1840. (36.) § The executors of one A. brought a writ of Debt Debt. on a specialty made to their testator io Norwich. After the count, the bailiff of Norwich prayed the franchise. —Pole. The parties have day by Prece Partium, so the jurisdiction is affirmed.—Rokell. The bailiff could never have been apprised of the matter before now.—To this the Court agreed.—Thereupon Pole saw that they were minded to allow the franchise, and said that the franchise was granted only to the citizens of the town ; and (said he) we tell you that the plaintiffs are not burgesses; ready &c. — Rokell (for the bailiff). Ready &c. that they are. —Aldeburgh. The Court will consider whether the averment lies. — And afterwards the franchise was allowed.—See a contrary case above.1
Trespass. (37.) § A Prior brought a writ of Trespass in respect of a horse taken against the peace.—Gayneford justified the taking for the reason that by the common assent of the Realm certain wools were granted to the King &c., and that the Prior who complained was assessed in the vill of Wytlewode2 where the taking &c., for his temporalities, at four stone of wool; and he showed how certain persons were appointed collectors by a commission, and one of the collectors made a warrant to the defendant (which Gayneford showed) to distrain the said Prior because he would not pay; wherefore by virtue of such warrant the defendant came and took the distress without doing anything against the peace.—Rokell. He came of his own wrong, without this that the Prior is taxable for his lay possessions among the laymen in the same vill; ready &c.—Stonore. You shall say that he came of his own wrong, and not for that cause; and in that shape you shall have the averment.—Wherefore he
1 Y. B., Kaster, 13 E. III. No. 2 Perhaps Wicklewood in Nor24. • folk.
(36.)1 § Les executours un A. porterent bref de dette A.D. 1340. par especialte fait a lour testatour en Norwyz. Apres De-ttele cont, le baillif de Norwyz pria la fraunchise.—Pols, Conisana, Les parties ount jour par Prece Partium, issi juris- 760 diccion afferme.—Rokel. Le baillif ne poet unqes estre apris devant ore. — Ad quod concessit Curia. — Par quei Pole ,vist qil furent en volunte de grantier la fraunchise, [et] dist qe la fraunchise est grante forsqe a les citezenz de la ville; et vous dioms qe les pleintifs ne sont pas Burgeys; prest &c. — Rokel, pur le baillif. Prest &c. qe cy. — Ald. Court savisera si laverement y gise.—Et pus fust la fraunchise grante. —Contrarium supra.
(37.)2 § Un Priour porta bref de trespas dun chival Trespas. pris contre la pees.—Gayn. justifia la prise pur la resoun qe par comune assent de la terre certeinz leynz furent grantes au Roi &c, issi qe le Priour qe se pleint en la ville de Wytlewode3 ou ,la prise &c, pur ses temporaltes fust assis a iiij. piers de leyne; et moustra coment certeinz gentz furent assignez coillours" par comission, et un des coillours fist garrant, quel il moustra, al defendant a destreindre le dit Priour, pur ceo qil ne voloit pas paier; par quei par tiel garrant il vient et prist la destresse sanz rien faire contre la pees. — Rokel. Il vient de son tort demene, sanz ceo qe le Priour soit taxable pur ses layces entre les laies en mesme la ville; prest &c. — Ston. Vous dirres qil vient de son tort demene, et noun pas par cele cause; et par tiel manere averez laverement.—
1 From T. alone.
2 From T. alone as far as the point at which the larger type ends, but corrected by the record Placita He Banco, Easter, 14 Edward III., K°. 229, d. It there
appears that the action was brought
3 T., B.; in another part of the
A.D. 1340. took the issue as Stonore said.1—Quaire, if it be found that he took for such cause, although the cause be not good, what shall be done? It is said by some that the plaintiff shall recover damages.
Trespass. ^ Upon a writ of Trespass in respect of a horse taken, &c, Itokell said that Sir Constantine Mortimer and others were collectors of taxes by tho King's commission, and said that the plaintiff was assessed by them &c, by reason whereof the person against whom the plaintiff complained was deputed to levy the said tax, and because the plaintiff would not pay, he took the horse, &c. And as to the force, &c, Not Guilty, &c.— And he produced a bill sealed on the back with the seal of Sir Constantine, which proved him to be deputed.—Pole averred his plaint, &c, and said that the taking was not for the cause alleged, &c.
Upon a (38.) § A writ of Trespass was brought in respect of wnt of beasts driven from one county into another. — Pole
1 respass J
there was counted that the defendants came with force and arms, lionmade &c-> an^ tne plaintiffs beasts, &c, at Beighton in
for n oer- the county of Derby, and drove them thence to Blythe, at'ap^pcare iQ the county of Nottingham, and there detained them, Mow. &c.—Blaik. As to coming with force, &c. Not Guilty, manor may And as to the taking and the driving we say that we be in divers are bailiffs of Queen Philippa for her manor of Tickhill, and if a' the honour of which manor extends into three counties,
Tanother that is to say' York' Deiby> ancl Nottingham, and the certain manor itself is in the county of York, and the plaintiff2
1 The issue tendered and joined 2 It was really the Prior of Blythe was this:—** Et Prior dixit quod who was alleged to have held. He
"proedictus Gilbertus de injuria
"sua propria cepit prcdictum
"eqnnm sicut ipse versus eum nnr
"ravit, absque hoc quod ipse Prior
"aliquid babuit in prsedicta villa
"taxabile inter laicos vel ad ali
•' quid taxatus fuit." The verdict
was formally made a defendant; but the justification was by the bailiffs of Queen Philippa, and it was in relation to their defence that the case was argued.