| 1414.025 |
1414 |
Common Pleas |
Trespass |
Trespas |
Hals, John Sjt (for Ds)
Norton, Richard CJCP
Hals, John Sjt
Cheyne, William Sjt Cheine
Hals, John, Sjt
Hill, Robert JCP Hull
Norton, Richard CJCP |
C. |
Lord of G. |
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Henry IV, King of England |
S., vill of
G., manor of |
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| Fitzherbert Aide de roy 36 (not 35), Quinzim 3 |
auter case en mesme le terme
4 Hen. 6; 7 Hen. 6; 8 Hen. 7 (references in Fitzherbert) |
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| Brief de Trespas fuit port vers certain persons compernant tiel matter, que lou le dit |
32 |
Plaintiff claimed that after he paid tithe collectors the amount assessed by tithe assessors, defendant collectors took 100 sheep until plaintiff paid more than assessed.
Defendants denied this, and prayed aid of the king, because plaintiff supposed the taking in right of the king.
Aid of the king was not granted.
Defendants pleaded that plaintiff held lands that by custom paid tithes assessed on the land as well as the goods and chattels.
The custom seemed unreasonable to the Court.
Adjournment. |
le dit plaintiffe fuit assesse per ses biens & chateux, queux il avoiet en le ville de S. a ii. s. vi. d.; per cause de certain dismes, que fuit graunt en temps le Roy H. pier le Roy que ore est l'an de son reigne xii. de queux ii. s. vi. d. fuit assess per les assessors, le queux il aver pay a les coilours; defendants come coilours du dit disme, & prisont certain biens. s. C. barbits, tanque le plaintiff averoit pay a eux xviii. d. ouster les ii. s. vi. a tort
Norton CJCP: issuit fuit fait en auter case en mesme le terme
Sjt Hals: le custome ad este use de temps d'ont memory ne curt my
Hill JCP: Coment poit ceo giser de custom a payer a Roy dismes, car jeo pose que home soit demurrant la, & n'ad terres ne tenements, biens ne chateux, que paiera il pur dismes? 'quasi diceret' riens |
Plaintiff: Plaintiff was assessed by his goods and chattels, which he had in the vill of S. at 2 shillings 6 pence. Certain tithes were granted 12 Hen. 4 (no Parliament convened between 9 May 1410 and 3 Nov. 1411, thus not in 12 Hen. 4). Plaintiff paid to collectors 2 shillings 6 pence. Then collectors took 100 sheep from plaintiff until he paid an additional 18 pence (= 1 shilling 6 pence, for a total of 4 shillings)
Defendants: Demandant C. is Lord of the Manor of G. in the same vill (of S.), and the custom has been from time immemorial that all the tenants would pay a tithe as well for their lands and tenements, as for their goods and chattels, and plaintiff (demandant) was assessed 18 pence for his land which he held of the same manor
Norton CJCP: If defendants collectors were justifying the taking to collect the assessed 2 shillings 6 pence, they could have aid of the king, and this was so in another case in this same term.
Hill JCP: How can this lie by custom to pay tithes to the King? as if to say it could not. The commission is that the tithes be paid for goods and chattels,
Similar collection disputes were 1405.073 = Mich. 7 Hen. 4, pl. 35, fol. 6a and 1405.097 = Mich. 7 Hen. 4, pl. 21, fol. 33b and 1409.077 = Mich. 11 Hen. 4, pl. 66, fol. 34b-37a. |
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.Fitzherbert Aide de roy 36 added that plaintiff was assessed by the assessors to pay to pay for the goods and chattels 2 shillings to the fifteenth, which he had paid to the collectors, and that defendant sub-collector took 100 animals until he (plaintiff) paid 16 pence over. |
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Assessment
Vill
Supposition
Cause
Tithes
Grant
King
Assessor
Collector
Goods
Payment
Defence
Aid Prayer
Aid of the King
Acknowledgement
Right
Plaint
Jusitification
Receipt
Case
Term
Tort
Action
Manor
Local Custom
Usage
Time Immemorial
Tenements
Estate
Demand
Judgment
Warrant
Taking
Damages
Protest
Allegation
Commission
Form
Charge
Adjournment.
Reason |
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