| 1410.017 |
1410 |
Common Pleas |
(Debt) |
|
| Hil. |
11 |
Hen. 4 |
17 |
44a-45a |
Tildesley, Thomas Sjt (for D) (? died)
Skrene, William Sjt (for P)
Hankford, William JCP
Skrene, William Sjt
Penrose, John Sjt 1387-1391, cited by Skrene
Hankford, William JCP
Thirning, William CJCP
Hill, Robert JCP
Tremaine, John Sjt (for P)
Skrene, William Sjt
Thirning, William CJCP
Hankford, William JCP |
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Statham Arbitrement 8 n.
Fitzherbert Barre 182 (not 282)
AbrBkAss Barre [1] & [51]
Brooke Oyer de records 8, Aribterment 14, Executions 33 & 139 |
Prior proceeding 1409.038 = Mich. 11 Hen. 4, pl. 27, fol. 12b-13a
le case Wolfart', que Penrose Sjt 1387-1391 plede (Ric. 2) |
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| Til. Vous troveres en recorde, que apres ceo que le plaintiff aver judgement de recover, le |
53 |
Defendant pleaded record of an arbitration awarded and dismissal by local court.
Plaintiff replied that the arbitration awarded that plaintiff have defendant's lands or execution of his body until repayment of the debt.
Awarded that plaintiff take nothing by his writ. |
Sjt Skrene: tanques nous ussomus levy nostre dette, ou execution de son corps; jeo suffer le defendant aler a Dieu, & soit de recorde; en un common case; s'il escape hors de prison, javera briefe de Dette vers luy, ou vers son garde, (Reporter's Note: quod non est lex ut credo, pur ceo que fuit mischiefe al commen ley, entant que il ne poit aver adction vers le party, il fuit ordeigne que il averoit action vers le garde, car un judgement ne serra ii. foits)
Hankford JCP: j'entende per ley que arbitrement de recorde, ou arbitrement per fait endent des plees pendant enter parties, soit il plee personel, ou real, il serra bon plee
Sjt Skrene: J'entende que arbitrement en plee de terre ne vault riens, come fuit adjudge un foits en le case Wolfart', que Penros plede. Hankford JCP: Le case de Wolfart' fuit tiel, que un home port Assise de novel disseisin, & le defendant mis avant un obligation, que fuit endorce
Thirning CJCP: quant il soy mist en arbitrement de certeins persons touchant l'execution, il renouncea le poiar del Court, & fist auters ses judges en le case
Bible and Lord's Prayer quoted: Hill JCP: Il semble a chescun home, que bien entende latin, que per cest parol dimittitur, le partie ad pardon, & nous priomus a Dieu 'dimitte nobis debita nostra'; l'effect de vostre busoigne gist en lour poiar |
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Sjt Tildesley died 21 Oct. 1409, so this plea may have been incorrectly dated or 'Til.' may have been misidentifed. |
Sjt Skrene argued (for the plaintiff) that execution could still be made after plaintiff assented to dismissal of defendant.
Sjt Skrene: Arbitration in a plea of land avails nothing, as was adjudged once in Wolfart's case, which Penrose pleaded. Hankford JCP: Wolfart's case was that a man brought an Assize of Novel Disseisin, and the defendant put forth an obligation, which was endorsed that if the obligee held to an arbitration by certain persons, then the obligation would be nullified, and defendant demanded judgment; and because defendant showed nothing of the arbitration but the endorsed obligation, it was not a good plea, but it would have been a good plea if defendant had put forth an indented deed put in arbitration.
Bible and Lord's Prayer quoted: Hill JCP: Everyone who understands Latin knows that by the word 'dimittitur' the party has a pardon, and we pray to God 'forgive (dimitte) us our debts'
Thirning CJCP: When Debt is recovered, there are various manners of execution, on the body, chattels, on lands, or by writ of Debt
The point about pleading arbitration with or without a deed was also made in 1413.031 = Hil. 14 Hen. 4, pl. 31, fol. 24a-24b |
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Statham Arbitrement 8 n. dated this Mich. 11 Hen. 4, and stated: See by Hankford JCP that if the tenant in an assize showed a deed indented which the plaintiff and himself had put themselves in arbitration, that was a good bar in Debt (speech by Sjt Skrene in Year Book).
AbrBkAss Barre [1], fol. 30r, stated that one would plead an arbitration in an Assize if the submision were by deed, by the opinion of Hankford JCP, Mich. 11 Hen. 4, in Debt, in 14 Hen. 4, the opinion was that they would plead arbitration, even though the submission be without a deed, as to say that the plaintiff and he put themselves on arbitration, etc. (of arbitrators), who awarded that the plaintiff ought to surrender the land put in view to the defendant who was in the reversion, etc. yet this surrender is a good plea by itself (aperluy) etc.'; query this
AbrBkAss Barre [51], fol. 38v, stated taht one would plead arbitration in barr of an Assize, by the opinion of Hankford JCP, as to say that they had put themselves on the arbitration of A. and B. who awarded that plaintiff ought to surrender to us, etc.; yet the surrender is a bar to him, etc.; Mich. 14 Hen. 4; it seems that if the submission by by deed that the case is better, etc; see of bar in a plaint, 22 Edw. 3, LIb. Ass. |
Sjt Tildesley died 21 Oct. 1409, so this plea may have been incorrectly dated or 'Til.' may have been misidentifed. |
Record
Judgment
Recovery
Assent
Dismissal
Court
Action
Arbitration
Execution
Freehold
Levying
Debt
Cause
Arbitrators
Duty
Release
Reason
Scire facias
Surmise
Maintenance of Action
Personal Plea
Real Plea
Plea of Land
Assize
Novel Disseisin
Obligation
Endorsement
Obligee
Nullity
Deed
Indenture
Restoration
Latin
Pardon
Prayer
Effect
Business
Power
Mainprise
Prison
Delivery
Common Case
Damages
Escape
Guard
Mischief
General Execution |
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