| 1269.001ss |
1269 |
Northumberland Eyre |
Naifty, False Judgment (Recordari) |
recordum de falso judicio nativitatis
de nativo |
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0 |
Hen. 3 |
Northumberland 1 |
122 SS 6-7 |
|
Berrington |
Henry (John, J.) of |
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N., sheriff of
Henry, father of plaintiff Henry |
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| Preceptum est vicecomiti N. quod, acceptis secum, etc., in pleno comitatu etc., ut patet in registro. Et |
12 |
plaintiff claimed defendant as plaintiff's villein and fugitive
tallages and other villein services
plaintiff produced as suit a daughter of defendant's uncle and a daughter of defendant's aunt, who acknowledged themselves to be plaintiff's villeins
defendant claimed that plaintiff had manumitted (manumisit) defendant (manumisscione) (version II); defendant got a writ for proving his freedom (de libertate sua probanda); it ws adjudged by the whole county (court) that plaintiff should recover defendant as his villein and fugitive with all his chattels and all his issue; it was adjudged (by the Justices) that the county court had made a false judgment and that defendant was to be reinstated in the same status he had at the time the judgment was pronounced and the whole county court is to be amerced and defendant is to have back his chattels
The record was previously printed in Three Early Assize Rolls for the County of Northumberland, ed. William Page (Surtees Society, vol. 88 (1891), pp. 195-197.
Brand: An action of False judgment was brought to challenge a judgment given in favour of the claimant in an action of naifty in the Northumberland county court in 1263. The court reversed the judgment on multiple grounds: the apparent failure of the original count to specify the name of the defendant's grandfather (of whose villein services the plaintiff claimed his father had been seised); the court's admission as the lord's proof of kin the son of an uncle and the son of an aunt without specifying (or recording) their names or whether they were paternal or maternal kin; and usurpation of the right to try the question of the defendant's freedom when the defendant had pleaded a manumission by the plaintiff and obtained a writ de libertate probanda before the case was heard.
(false judgment) |
CUL MS Dd. 7.14, fol. 399v
CUL MS Dd. 7.14, fol. 398v |
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version II had 18 lines |
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| Paul A. Brand, The Earliest English Law Reports, vol. 3, 122 SS 6-8 (London 2005) (69 N' h' land. 1) |
| JUST 1/643, m. 8d |
0 |
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2008-06-29 |
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