| 1268.010ss |
1268 |
Norfolk Eyre |
Replevin |
prise des avers |
|
0 |
Hen. 3 |
Norfolk 2 |
122 SS 34-35 |
the Justice
the Justice |
Langley (Langele) |
Abbot of |
|
|
|
Massingham (Massyngeham), Lawrence of |
N., court of |
|
| Ceo vus mustre le abbe de Langele, qe cy est, qe Robert Baygnard, qe la est, atort prist etc. e les retynt etc. |
47 |
|
Premonstratensian Abbey of the Blessed Virgin Mary at Langley, Norfolk. |
Brand noted that a deed in the Bodleian MS Bodley 242 at fol. 79r, undated, was probably drawn up in the aftermath of this litigation
Brand: In an action of Replevin the defendant seems initially to have objected to the grounds that the date of release given in the count preceded the date when the writ was obtained, but this objection was disallowed. The defendant then avowed the distraint as made to secure the plaintiff's appearance in his court to answer a complaint brought against him by a third party. The plaintiff objected that he owed no suit to the defendant's court and was not subject to its jurisdiction. The defendant agreed that he was not a suitor but claimed that he was subject to the court's jurisdiction as his tenant who owed him rent service and that his predecessors had also been subject to the court's jurisdiction. The anonymous justice seems to have held that only those who owed suit were subject to the court's jurisdiction since otherwise county and hundred courts would lose business to the prejudice of the Crown.
(replevin) |
| BL MS Addit. 37657, fols. 58v-50r |
|
|
|
| Paul A. Brand, The Earliest English Law Reports, vol. 3, 122 SS 34-35 (London 2005) (?68-9 Norfolk. 2) |
|
