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 juxta, &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 chattels.

Detinue of chattels.

(12). § Note that upon a writ of Detinue of chattels, to wit, 40 sheep, the 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 18d.-Wherefore it was adjudged that the plaintiff should recover the sheep, value so much, and his damages taxed by the Inquest at 208.

Upon a writ of Detinue of chattels it was found by verdict that the defendant had detained one hundred sheep, as the plaintiff had counted, of the value of 100 s., to the damage &c.-Gayneford 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. 1340. si jeo plede devers vous en barre dassise qe1 altrefoith jeo recovery devers vous mesmes les tenementz par assise, &c., et vous ditez qe ceux ne sount pas mesmes 2 lez tenementz, ceo put estre trie par assise et ceo chiet en lour conisance.--Parn. Bref dassise veot questus &c. quod injuste et sine judicio3 &c., issint suppose le bref qe lassise put aver conisance de jugement. 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 poetz 1 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 juxta &c. Par quei agarde la COURT qe le pleintif recovere &c. par vewe &c., et cez damages taxes &c., et vous &c.7

8

6

chateux.

(12.) § Nota qen un detenue de chateux, saver xl. Detenu des 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. Jugement, -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

XX 8.

11

153.]

En un bref de detenue1o de chateux trove fut par verdit qe le Detenu de defendant avoit detenu c. berbiz, sicome il avoit counte, pris chateux.9 de c s., as damages, &c.- Gayn. dit qe acuns des berbiz furent mortz pendaunt le bref.- BASSET agarda pur le pleintif quil recoverast lez berbiz pris de c. s., et ses damages taxes par enqueste, &c.

A.D. 1340.

of the

body.

(13.) § Note that Waryn de Bassyngbourne brought a Wardship writ of Wardship of the body, and the defendant pleaded 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. Quare impedit which the Earl of Devonshire brought against A. de Lucy.-And afterwards, because a writ came from the Chancery which recorded that the plaintiff' himself was Sheriff, and by which the Justices were directed to send to the Coroners, it was ordered by the is a party, COURT that a writ should be sent to the Coroners. And

And note

that when

a writ is brought, and the Sheriff

the party

that is plaintiff shall have a writ directed to

the Coroners (as appears in

this plea)

if he

wishes, if need there

be.

Debt.

so it was.

On a writ of Wardship issue was taken upon priority of feoffment as between Waryn de B., and another; and it was Waryn who brought the writ.-Kelshulle. Waryn is Sheriff, therefore we pray a writ to the Coroners.--And the COURT would not grant it until the point was raised by exception of the party, as above in Michaelmas Term, 12 Edward III., in a Quare impedit. On the morrow Kelshulle put forward a writ to the Justices which set forth the whole case, and commanded them to do right to the party, &c., according to the law and custom of the realm.— STONORE. Sue a writ to the Coroners, &c.2

(14.) § Note. Upon a writ of Debt brought by executors, 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.

2 There is an imperfect abridgment of this case in Harl. 741.

Garde de

(13.)1 § Nota qe Waryn de Bassynbourne porta bref A.D. 1340. de garde de corps, et le defendant pleda priorite, sur corps. quai ils furent a issu.-Thorpe. Waryn est Vicounte [Fitz. mesme, et prioms bref a Coroners.-Et ceo pria il pur Proses, 46.] le pleintif.-HILL. Qant Court serra apris qe issi est, donqes vous laverez, mes devant nient; et ceo vient 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 recorda qil mesme fust Vicounte, et est porte qil mandassent as Coroners, fust mande par COURT de Vicounte, mander a les Coroners. Et ita fuit.

par

Garde.

Et nota

devers un

et le Vicounte est

partie

directe a lez Coro

En un bref de garde issue fut pris sour priorite de feffe- partye, la ment entre Waryn de B. et un altre; et W.3 porta le bref.- pleintife Kels. W. est Vicounte, par quei nous prioms bref a Coroners. avera bref -Et La COURT ne voleit pas granter tanqe ceo venist chalange de partie, ut supra Michaelis xij. Quare impedit.Lendemeyn Kels. getta un bref a les Justices qe comprist patet in tot le cas et lour comanda de faire dreit a la partie, &c., isto pla secundum legem et consuetudinem regni-STON. Siwez bref as cito, sil Coroners, &c.

ners, ut

voet, si mester

soit.

Dette.

(14.) § Nota. En bref de dette porte par executours le defendant mist avant acquitance le testatour. Les [Fitz. executours le dedisoint. Proces continue tanqil avoint Condempnacion, jour par Nisi prius, ou le defendant fist defaute. Par 18.] 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 inyst avant

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.

Account.

On an

Entry sur disseisin

vouched

who

entered

ranty.

And the

come.

Executors brought a writ of Debt.-The defendant produced an acquittance. And at Nisi prius, before BASSET, he did not 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 III.'

(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.

(16.) § A writ of Entry sur disseisin was brought against one C.-W. Thorpe. Judgment of the writ, for the tenant heretofore, to wit, such a day and year, you yourselves an infant brought a like writ against us, upon which writ we within age, vouched to warranty J., the son of R. de Morley, who was under age, and we prayed &c., and we had the into war- voucher, and the parol demurred, &c. And we say that he is still under age, so this writ is purchased demandant while the other is pending; judgment.—SCHARDELOWE. brought another Though it were as you say, he might elect to have a original re-summons or a new original; and you are not put to writ, instead of a any mischief, for, if you say what is true, your answer will be saved to you; wherefore, &c.-W. Thorpe. If which the 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 And the there is certainty in respect of the time limited, until would have which time the parol was to demur; wherefore, &c.— counter- SCHARDELOWE. Plead something else. W. Thorpe

re-sum

mons, upon

tenant

vouched

the same person as before.

demandant

The reference appears to be to the third case Y.B., M. 9 E. 3,

printed p. 27, but the word contra is inapplicable.