Boston University School of Law

Legal History: The Year Books

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For an image of this report text from the Vulgate Year Books Reprint, click here.
Seipp Number:
Marginal Heading
1348.199 1348 Common Pleas Debt Triall
Regnal Year
King: Plea Number Folio Number
Mich. 22 Edw. 3 89 20a
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
Thorp, Robert de Sjt (for D)
Moubray, John de Sjt Mom (for P)
Willoughby, Richard JCP Wilby
Other Plaintiffs Other Names Places Other Defendents
Abridgements Cross-References Statutes
Fitzherbert Trial (not Triall) 71     
Incipit (First Line) Number of Lines
Thorp vient a la barre, & monstra que un brief de Dette fut port' vers marchants d'Allemaine ut patet supra. 8
Process and Pleading
Language Notes (Law French)
Abstract Context
Commentary & Paraphrase
A serjeant came to the bar and showed that a writ of Debt was brought against merchants of Germany (Allemaine), (Latin begins) as appears above (Latin ends), where he pleaded to the inquest, and now the inquest was returned. He put forward a charter by which the king had granted that where they impleaded or were impleaded, and put themselves on an inquest, that half should be taken from the same merchants, and the other half from others, that is, of contracts in vills, fairs or markets, and a writ to allow this. And he prayed a new Venire (facias). The plaintiff said that since the process had commenced without making mention of their franchise, and he had counted of contracts in none of these, judgment. Willoughby JCP said that the Court had a writ to allow it although they had passed the advantage, and therefore it was necessary that they award a new Venire facias. (Latin begins) And he did so (Latin ends)
Merchant jury. Early example of jury de medietate
Manuscripts Mss Notes Editing Notes Errors
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
0 2004-09-25
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