A.D. 1340. and PARNING said that was true.-Thorpe. Whereas she makes the reversion to be hers, as above, we tell you that C., whom she calls her tenant, did not lease to W.; ready, &c. And note that this was held to be a good answer, for it is sufficient to traverse the point by which she made the reversion hers, although she might have it by another way. Wherefore Gayneford said that C. and J. her husband leased as above. And because he pleaded for an infant under age he was admitted by the Court to say that.-Thorpe. We tell you that W. and G. hold in common, as our writ supposes; ready, &c.; for this goes to abate the writ, wherefore we will not pass it.Gayneford. Tenants as we have pleaded; ready, &c.— And the other side said the contrary.-And note that the writ will abate if the finding be in favour of him who prays to be admitted; so he cannot be admitted upon the issue.

Replevin.

(29.) § Upon a taking of beasts W. Thorpe made cognisance that the taking was good, as by bailiffs of one Robert Corun, for a rent charge, &c., and he showed the deed.-Kelshulle. Whereas he makes cognisance of this taking, &c., for a rent charge, we make protestation that we do not acknowledge that the deed was made at the time of its date, but we say that, whereas the deed purports to be dated on such a day, the person whom you suppose to have charged, on the third day before, when he held the same land discharged, executed a recognisance to us, &c.; when the day of payment had passed we sued the Elegit, and this land was delivered

2

a la fyne del terme.-SCH. et PARN. disoint qil est verite. A.D. 1340. -Thorpe. La ou ele fait reversion a lui, ut supra, nous vous dioms qe C.1 quel ele dit estre son tenant, ne lesse pas a W.; prest, &c.-Et nota qe ceo fust tenu bone respons, qar a traverser point par quel il fait la reversion a lui, tout le purreit il aver par autre cours, assetz suffit.-Par quei Gayn. dit qe C. et J. son baroun lesserent, ut supra. Et pur ceo qil plede pur enfant deinz age il fust resceu par Court a ceo dire.-Thorpe. Nous vous dioms qe W. et G. tendrent en comune, come nostre [bref] suppose; prest, &c.; qar cest al abatement du bref, par quei nous ne voloms ceo passer. Gayn. Tenantz come nous avoms dit; prest, &c.--Et alii e contra.--Et nota qe le bref abatera si trove soit pur celui qe prie, issi ne poet il sur lissu estre resceu.3

4

(29.) § En un prise de avers W. Thorpe conust la Replegiari. [Fitz. prise boun com baillifs un Robert Corun pur un Charge, rente charge, &c., et il moustra le fait.-Kels. La ou 11.] il conust cest prise, &c., pur un rente charge, nous faceoms protestacion qe nous ne conissoms mye le fait estre fait al temps de la date, mez nous dioms qe la ou le fait purporte date de tiel jour qe mesme cesti qe qe vous supposez qe chargea, le terce jour devant, quant il tient mesme la terre descharge, nous fist un reconisance, &c.; le jour de paiement encoru nous suymes le Elegit, et ceste terre nous fut livere,

1 T., ceo.

2 T., C.

3 There is also an abridgment of this case in Harl. 741.

4 From L. and 25184 until otherwise stated, but corrected by the record Placita de Banco, Trinity, 14 Edward III., R". 152, d. It there appears that the action was brought by Thomas de Whytislegh

against William Stockere, John
Roys and Gervase atte Hulle. The
cognisance of the defendants was
made as bailiffs of Robert Corun, to
whom they alleged that a rent of
100 s. per annum had been granted,
for life, by Thomas Walrond.

5 L., W. de E.; 25184, W. de C.,
instead of Robert Corun.

A.D. 1340. to us, so that we hold this land, and in such state as he held it on the day of the recognisance, that is to say, discharged; judgment whether you can avow this distress.-W. Thorpe. At any rate, you do not deny that there is such a deed, though saving to yourself the allegation that you hold discharged because your estate is higher.-Kelshulle. I plead nothing as to the deed, for I am a stranger and cannot either admit or deny it. -THE COURT. In point of judgment it must be held as not denied by you, and to such intent we take your plea.-W. Thorpe. Very well, Sir. Then you see clearly how he pleads in discharge of this land, and he himself shows that he has only a term in the land; wherefore we do not understand that such a plea lies in his mouth, for we have seen a termor in such a case precluded from aid and from every plea which could lie in discharge of the freehold.-(See above, Michaelmas Term in the 8th1 year, upon a like writ).-SCHARDELOWE. In this case he has a higher estate than a term.-W. Thorpe. Sir, he might devise his estate; wherefore, &c. And afterwards Thorpe said gratis:- We cannot be parties either to charge or to discharge the tenements without the person on whose behalf we have made the cognisance, and we pray aid of him.-SCHARDELOWE. You ought first to join issue with the present plaintiff. -R. Thorpe. To what purpose shall we join issue, when we cannot be parties to try this matter? And, besides, we understand that if he come in whose right we have made the cognisance, and of whom we have prayed aid, he will be able to join another issue (quare), and that, if he be not made a party to this plea, we are absolved from the damages.-SCHARDELOWE. It is not so, for damages will always lie against him who, in pleas of

It is difficult to verify in the printed Year Books either this reference, or the vague reference

given in the parallel passage in Fitzherbert's Abridgment (Aide, 56) to" 10 E. 3."

4

5

issint qe tenoms ceste terre,1 et de tiel estat com il A.D. 1340. avoit jour de reconisance, saver decharge; jugement si ceste destresse poiz avower.-W. Thorpe. Au mayns, vous ne deditez mye qe tiel fait il iad, salve qe vous tendrez descharge pur vostre estat de plus haut. Kels. Jeo ne plede rien a le fait, qar jeo su estrange et nel puis conustre ne dedire.-CURIA. En poynt de jugement il covent estre tenuz a nyent dedit de vous, et a tiel entente pernoms 6 nous vostre plee.-W. Thorpe. Bien, Sire. Donqes vous veiez bien coment il plede en descharge de cesti terre, et il mesme moustre qil' nad qe terme en la terre; par quei nentendoms my qe tiel plee en sa bouche ygise, qar nous avoms veu termour forjuge deide en tiel cas, et de chescun plee qe put cher en descharge del franctenement.-Vide supra Michaelis viij., tali brevi. -SCHARD. Il ad plus haust estat yci qe terme.—W. Thorpe. Sire, il purra diviser son estat; par quei, &c. Et pus de gree il dit :-Nous ne poms estre partie a charger ne descharger lez tenementz sanz cely pur quei nous avoms conu, &c., et prioms eyde de luy.SCHARD. Vous deves primes joyndre issue ovesqe cesti yci.-R. Thorpe. A quele effecte joyndroms nous issue, quant nous ne pooms estre partie a ceo trier? Et, ovesqe ceo, nous entendoms qe si celuy viegne en qi dreit nous avoms conu, et de qui nous avoms prie eyde, qil purra joindre altre issue, (quare) et sil ne soit fait partie en cest 10 plee qe nous sumes asseutz dez damages.--SCHAR. Il nest pas issint, qar damages cherrount touz jours 11 vers celuy qe est en tielez plez

8

7 L., qe.

8 si is not in L.

9 viegne is not in L.

9

10 25184, au, instead of en cest.
11 L., serront tot dis recoveris,
instead of cherrount touz jours.

A.D. 1340. this nature, is party to the original.-W. Thorpe. Sir, this is a rent charge, wherefore it seems to us that we shall have aid without joining issue, but, perhaps, if this were rent service, it would be otherwise.-PARNING. You pray aid because you cannot be parties to charge or to discharge, according to what you say yourself; but so far as what he has said is concerned, you can be parties; but when issue is joined, then for the first time is there a cause for praying aid, for then that issue serves to charge or to discharge. And afterwards W. Thorpe said:-The deed [by which the rent was granted] was made before the recognisance1; ready, &c.—And the other side said the contrary.-And then for the first time he had aid.

Replevin, where the avowry

on a

stranger, and the plaintiff said that

who

§ Replevin, where two made cognisance as bailiffs of one R., for the reason that one A. was seised, &c., and was made charged to the amount of 100s. by the year to R., by cognisance on behalf of whom, &c., for the life of R., to be paid at three terms by equal portions, with a clause of distress, &c.; and for the first term they were in seisin the person of 6d. ; and because the residue for that term and the rent charged for four years before the day of the taking were in arrear, made a they made cognisance for the residue of the first term, recognisance, and &c. And they produced the deed of charge.-Gayneford. We tell you that A. made to us a recognizance execution, by statute merchant, and, the money not being paid, we sued execution, and so we are seised of these lands; and on the day on which the recognisance was made the land was discharged; judgment whether he could charge the land when in our seisin.-Thorpe. He himself shows that he has a chattel interest, and it does not lie in the mouth of such an one to discharge a freehold; for a tenant for a term of years can not plead such a plea.-SCHARDELOWE. Be it as it may with respect to a term, he has a higher

he sued

and had

and said that the deed

[granting the rent] was made

after the recognisance was

made. And he was admitted to

1 According to the record issue was joined on the replication that

the tenements were charged on the day of the recognisance.