| 1409.068 |
1409 |
Common Pleas |
Trespass for beating a servant and taking goods |
Curia |
| Mich. |
11 |
Hen. 4 |
[57] |
31a-31b |
Skrene, William Sjt (for D)
Tildesley, Thomas Sjt (for P)
Hill, Robert JCP
Tildesley, Thomas Sjt
Skrene, William Sjt
Colepeper, John JCP Culpeper
Tildesley, Thomas Sjt
Skrene, William Sjt
Hill, Robert JCP
Thirning, William CJCP
Skrene, William Sjt
Hankford, William JCP
Thirning, William CJCP
Hill, Robert JCP
Thirning, William CJCP
Tildesley, Thomas Sjt
Hill, Robert JCP
Hankford, William JCP
Skrene, William Sjt
Tildesley, Thomas Sjt
Skrene, William Sjt
Hankford, William JCP
Thirning, William CJCP
Hankford, William JCP |
Wardens |
of Friars Minor of London |
|
|
|
J., son of defendant
London, Mayor of |
Winchester
London (Londres) |
|
Fitzherbert Barre 179
Brooke Trespas 93, Garde 102, Done 9 |
|
|
| Les Gardeins del meason Freres Minors de Londres, port briefe de Transgressioun d'un |
55 |
Defendant pleaded not guilty to all but the Skaple, and as to that, pleaded a friar took defendant's son J., age 11, to London and put him in a habit, and defendant took his son and complained to the Mayor of London, and the warden took the Skaple and his son kept the Kirtil to cover his body.
Plaintiffs objected that defendant's plea was triple.
Plaintiffs replied that defendant's son was age 15.
The opinion of the Court was against plaintiffs.
Plaintiffs replied that defendant took the infant out of the church with force against his will.
Awarded that plaintiffs take nothing by their writs |
d'un Skaple (= shawl or shoulder-cloak of a monk) & auters choses pris a force & armes
Sjt Skrene: mette en lour Abbite (= habit); il ne fuit forsque d'age de xi. ans; le gardein reaveroit le Skaple; Et quant a un Kirtil, le Maior agarde que son fits le duist aver per le temps, pur coverer son corps; vous reavistes le Skaple, & que nostre fits aver ove luy le Kirtille pur le necessity de coverer son corps; le Maior fist tiel agard; pur ceo que il ad le governance del Citie; Cest le verite; il ne fuit my professe en l'ordre, mes que il n'aver forsque l'habite sur luy; il fuit en nostre governance a Winchester
Sjt Tildesley: le defendant ne dedit my l'emporte del Skaple & l'auters drapes; l'enfant fuit del age de xv. ans & ouster a cel temps; nul plee per course de ley fuit pende devant; sans son volunte & maugre le soen
Colepeper JCP: poiar & jurisdiction; que touche profession & ley espiritual
Thirning CJCP: Il ad bien hardement plede come il semble; Latin maxim: 'Quia habitus non facit monachum'
Hankford JCP: pur que ne duist home reprendre son fits en tiel case, s'il fuit deins l'age de 21. ans
Hill JCP: Del Skaple il ne duist aver action, car quant le gardein baille a luy les draps pur les user; tout le vesture de les draps sont a le pier, car il ne luy suffer le fits aler ove luy tout nuyde, issint quant per ley il puit aver le corps ove luy, il puit aver le draps, d'ont le corps fuit cover
Hankford JCP to Sjt Skrene: Asseies si vous saves aver bon accion pur vostre clyent enconter les freres pur la mesne de vostre fits.
Thirning CJCP Dit a ses compaignons privement, que il fuit enconter ley & reason
quant a Skaplere |
|
Franciscan (Grey) Friary of Friars Minor near Newgate, London. |
Defendant pleaded that a friar took defendant's son and heir J., age 11, from Winchester to London and put him in their habit, then defendant came to London, went to the church of that house, and his son appeared and came to him, so he took his son and went to the Mayor of London, and complained of this. The Mayor sent for the Warden of Friars Minor, who came and could not deny that he was his son, and that he was taken and brought. The Mayor awarded that the son ought to go with his father, and that the warden have back the Skaple (monk's shawl or shoulder-cloak), which he took and carried with him to the house, and as to the Kirtil, the Mayor awarded that his son ought to have it for the time being to cover his body.
Colepeper JCP: How did the Mayor have power and jurisdiction in this case to make this award, which touches profession and spiritual law?
The opinion of the Court was against plaintiffs. Sjt Tildesley saw that.
Hankford JCP to Sjt Skrene: Assess if you have a good action for your client against the friars for bringing away your son.
Thirning CJCP said privately to his companions that it was against law and reason, that plaintiffs should have back the Skaple. |
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Brooke Trespas 93 identified Greyfriars in London, a 'scaplery' |
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| Theodore W. Dwight, 'From the Year Books', Columbia Jurist, vol. 2, pp. 278-279 (March 11, 1886) ('11 Henry IV, Case 27 (A.D. 1410)') (translation and commentary). |
Warden
Servant
Force and Arms
Not Guilty
Heir
Habit
Infancy
Local Court
Examination
Award
Judgment
Action
Cover
Treble Plea
Coercion
Acknowledgment
Damages
Heir Apparent
Complaint
Necessity
Power
Jurisdiction
Profession of Religion
Spiritual Law
Course of Law
Governance of City
Demurrer
Peril
Order
Monk
Bailment
Use
Clothing
Nudity
Against His Will
Record
General Demurrer
Age
Client
Venire Facias
Governance of Son
Adulterer
Adultery |
|
