| 1352.086ass |
1352 |
Assize |
Novel disseisin, assize of |
Assise
Challenge
Franchise |
|
26 |
Edw. 3 |
Lib. Ass. 22 |
123a |
| Willoughby, Richard JCP Wilby |
|
|
|
|
Fitzherbert Challenge 134
Brooke Challenge 117
Brooke Franchise 15 |
8 Edw. 3, Lib. Ass. 23
9 Edw. 3, Lib. Ass. 8
38 Edw. 3, fol. 25 |
|
| En Assise de novel disseisin vers un Prieur, le Viconte mand' le brief al baillie de le Prieur parce qu'il avoit |
6 |
| In an Assize of Novel disseisin against a prior, the sheriff sent the writ to the bailiff of the prior because he had return of the writ by reason of franchise, who arrayed the panel. On that day no jurors came, and the array was challenged for the same reason, as above. Willoughby JCP said that the challenge was proven by the return that he was bailiff etc.; therefore this was understood to be suspect, and the prior would not lose his franchise in this writ, because a Non omittas propter Libertatem would not be granted, but a writ to the sheriff to do the office himself. Therefore a Sicut alias issued, so that the bailiff of the prior did not intermeddle. |
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