Boston University School of Law

Legal History: The Year Books

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Seipp Number:
Year
Court
Writ
Marginal Heading
1269.002ss 1269 Northampton Eyre Debt Aliter de debito predecessoris quassati
Term
Regnal Year
King: Plea Number Folio Number
0 Hen. 3 Northants. 1 122 SS 37
Serjeants/ Justices Plaintiff Surname Plaintiff First Name v. Defendent Surname Defendent First Name
the Justices Burnel William
Other Plaintiffs Other Names Places Other Defendents
Petronilla (Parnel), predecessor prioress
Canterbury, Archbishop of
Canterbury, see of (sedis Cant')
Abridgements Cross-References Statutes
     
Incipit (First Line) Number of Lines
Willelmus Brunel tulit breve versus priorissam de Northampton' racione quia idem Willelmus accomodavit 23
Process and Pleading
Language Notes (Law French)
Abstract Context
Cluniac Abbey (nuns) of St. Mary Delapre, east of Northampton, Northamptonshire. Boniface of Savoy was Archbishop of Canterbury from 1 Feb. 1241 to 18 Jul. 1270.
Commentary & Paraphrase
headnote: otherwise of the death of a predecessor removed from office
defendant prioress pleaded that she who incurred the debt was never prioress by election and consent of her chapter but only by the order of the bishop who had ordered her to be prioress, and so the convent of the house had appealed to the tuition of the see of Canterbury and it was quashed in the same court by the Archbishop
demand for 20 pounds
Brand: An action of Debt was brought against a prioress for money loaned to her predecessor. The prioress pleaded in bar that the prioress concerned had been appointed by the ordinary and not elected and had been removed from office by the court of Canterbury at the suit of the house as improperly appointed. The plaintiff said that was tantamount to an admission that she had held office but had been removed (and so could have contracted a debt while in office). Under questioning from the justices the prioress admitted that her predecessor had exercised control of the property of the house. On this basis the court gave judgment for the plaintiff.
(debt)
(right?)
Manuscripts Mss Notes Editing Notes Errors
BL MS Harley 493B, fols. 140r-140v
Translations/Editions
Paul A. Brand, The Earliest English Law Reports, vol. 3, 122 SS 37 (London 2005) (?69 Northants. 1)
Plea Roll Record Year Record Plaintiffs Record Defendants Last Update
0 2008-06-29
Keywords
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